Alleged accomplice in deadly Brisbane home invasion pleads not guilty

Police allege the intruder entered the suburban area just before midnight on Boxing Day 2022. Brisbane at home, holding a serrated knife inches from his accomplice’s face, illuminated by the light of his cell phone.

CCTV footage that allegedly captured the interaction could play a role in determining whether a second teenager is found guilty of murdering 41-year-old Emma Lovell, the Queensland Supreme Court heard on Monday as the trial began.

The high-profile nature of Lovell’s murder was so high-profile that the trial is not held in front of a jury, but only judges.

Lovell was allegedly stabbed to death on the lawn of her home in North Lakes, north of Brisbane, after midnight on December 27, 2022, during a home invasion allegedly carried out by two 17-year-old boys.

The trial of one of the teenagers will last until Wednesday. He faces four charges, including murder and assault causing bodily harm, and cannot legally be named due to his age.

He pleaded not guilty to all charges Monday.

Crown prosecutor David Nardone and defense lawyer Laura Rees agreed the issues at trial were relatively narrow.

That the young man on trial this week entered Lovell’s house with another teenager is beyond doubt.

Nor is the fact that the young man who appeared in court this week “did not use any violence” himself that evening.

But Nardone argued that when the defendant was shown the 11.5cm blade immediately after his companion checked the front door of the Lovell home and found it unlocked, the nature of his crime became significantly more serious.

“At least from this point on, the Crown will say that the common intent to steal has escalated into the common intent to steal while armed with a knife,” Nardone said.

Nardone said CCTV footage from various properties showed youths roaming the streets, apparently trying to break into houses and vehicles.

Among the cameras that recorded their movements were seven installed in the Lovells’ house.

The prosecutor said the footage above the front door showed two teenagers peering through the door they had just opened. There was a Christmas wreath hanging on the door.

The court heard Lee Lovell saw footage of him and his late wife battling two home invaders as the four burst out of the front door in a frantic scramble. He is shirtless, she is in a blue nightgown.

Lee said he woke up to one of their two dogs barking at the back of the house.

He said he rushed to the bedroom door and was confronted by one of the intruders.

“Immediately, one man appeared in the doorway, right in front of my face,” he said.

Lovell said he tried to get the strangers out of the house and detain them until police arrived.

Lovell said he was knocked to the ground and kicked several times in the head and stomach. He did not realize he had been stabbed until he was treated by paramedics. He also didn’t realize his wife had been stabbed until his daughter said she was bleeding.

“By the time I looked at Emma again, I think she was sitting on the ground with her knees up and her head towards her knees.”

Other evidence presented to the court on Monday included DNA evidence that identified the two teenagers as being on Lovell’s property, items of clothing including the defendant’s red cap that were found at the scene, a broken knife handle found at a nearby house where the boys were and neighbors testified.

Rees said audio captured by nearby CCTV would also help get to the “heart of the case” and could determine whether her client was guilty of murder or manslaughter.

She said Judge Michael Copley K.C. could hear the words “I’ll kill you, and I’ll kill you too” said during the row, but he could also hear the words “on the bra” immediately afterwards.

“Your Honor may think that you too hear the words: ‘Stop, stop, stop, stop, stop.’

The trial continues.

-With additional AAP reporting