Thursday, December 27, 2012

Mystery surrounds motive for murder - Toowoomba Chronicle



Former Dalby resident Jye Burns who was murdered on the Sunshine Coast.Former Dalby resident Jye Burns who was murdered on the Sunshine Coast. Contributed

WHAT happened to Jye Burns on a Sunshine Coast track on a cold July night can be narrowed down to a 10-minute window.


The former Dalby 24-year-old's movements at bars, or between them on the street, from Maroochydore to Mooloolaba on July 8, 2010, were captured on CCTV cameras.


Mr Burns can be seen laughing and joking with his mate Shane "Cappa" Oulds and acquaintance Shane Moroney throughout the night. The last time he was seen alive he was leaving Soave with those two men.


Moroney's black Range Rover is then seen zipping along Brisbane Rd and down the east-west Sunshine Motorway.


The same car drives past the BP on Steve Irwin Way at Mooloolah at 9.56pm and back past at 10.06pm.


A man driving along Old Caloundra Rd finds Mr Burns taking his final breaths at 10.06pm.


It was those 10 minutes between 9.56pm and 10.06pm that gave jurors a tough job in the Brisbane Supreme Court in the past fortnight.



Jye was just like any normal teenager - he went out, enjoyed having a drink, sometimes got into trouble.



Oulds, 40, stood accused of murdering Mr Burns in cold blood - five gunshot wounds at close range.


What the jury did not know was that Oulds was on bail for attempted murder when Mr Burns was gunned down.


Nor did they know about his Rebels bikie gang connections, that he was a patched sergeant at arms at the outlaw club's Gold Coast chapter.


Oulds had been accused of shooting a fellow bikie at a Nerang clubhouse and his victim believed a possible motive for the attack might have been a joke he made about having a hit out on Oulds.


Though Oulds was subsequently found not guilty after a trial, Moroney had been instructed he could not mention these things.


That information, our justice system says, could have tainted the jury's view of Oulds and the evidence before them.


Crown prosecutor Ben Power told the jury he did not have to prove a motive, but put up a few theories to help them unravel the mystery of those 10 minutes.


Rebels Motorcycle Club member Shane Michael Oulds.Rebels Motorcycle Club member Shane Michael Oulds. Contributed/192335

He said Oulds was a cocaine dealer, a man with a history of kickboxing and cage fighting, and was wearing a Mixed Martial Arts-branded shirt the night of the murder.


Mr Power said Mr Burns had shoved Oulds that night and used a contemptuous variation of Oulds' nickname - little Cappa.


"Motives are often unknown except to the killer," he said.


"Was that all it took to mean that he got killed by Cappa?"


Moroney said Oulds claimed Mr Burns was threatening his family and was planning a home invasion on Mr Moroney.


"That may or may not be true," Mr Power said.


"That may be what Mr Oulds believed."


In the end it came down to whether Mr Moroney was a believable and honest witness.


He admitted he was on the professional motocross circuit for years, that he was a heavy drinker and cocaine user.


He was open about lying to his friends and family about what happened that night and how he lost his iPhone.


But Mr Moroney remained calm and reserved as he endured almost two days of questioning from both prosecution and defence.


Defence barrister Tony Kimmins tried to argued the "choir boy" they saw on the witness box was not the same person who was "living and breathing" the Sunshine Coast drug scene in 2010.


But after four hours of deliberating, the 12 men and women tasked with analysing the facts came to the same conclusion - that Mr Moroney was telling the truth and Mr Oulds was guilty.



From a policing perspective we are very pleased with the outcome of the trial.



Mother Gail Burns said the trial into her son's murder was mentally draining, but she was relieved with a guilty verdict just after 8pm on Tuesday night.


The Dalby mother said if Oulds had a problem with her son, he should have just had a man-to-man chat with him.


"I'm just relieved that he can't go around doing it to anyone else," she said.


"Jye was just like any normal teenager - he went out, enjoyed having a drink, sometimes got into trouble.


"There's things in his life he would have regretted, but I don't think any human being deserves to be shot in the back and left on the road."


Investigating officer Detective Senior Constable Robert Coffey said there were many Sunshine Coast police involved in the investigation.


"From a policing perspective we are very pleased with the outcome of the trial," he said.


"We hope that in some small way this verdict brings some comfort and closure to the family of Jye Burns."


CCTV TIMELINE


JULY 8, 2010


4.26pm: Shane Oulds and Jye Burns captured on CCTV footage at Duporth Tavern at Mooloolaba. Shane Moroney joins them.


8.30pm: The trio heads to the Key Bar in Maroochydore where Burns gets in a fight. Burns shoves Oulds and belittles him.


8.43pm: Street safe CCTV cameras capture the trio walking from their parked car at the Mooloolaba foreshore to 240V nightclub.


8.50pm: CCTV cameras in the street and the 240V foyer show the men laughing, joking and playing on their phones.


8.59pm: Moroney's black Range Rover drives into Brisbane Rd car park and the men cross to Soave. Oulds is bopping to music and jovial.


9.38pm: Cameras show the three men leave Soave bar and return to their car. Car seen driving along Brisbane Rd and along east-west Sunshine Motorway.


9.56pm: Black Range Rover seen driving past BP at Mooloolah.


10.06pm: A member of the public phones Triple-0 after finding a body on Old Caloundra Road at Landsborough. At the same time, the black Range Rover is seen driving back past BP.


10.22pm: Car is seen driving through Pike St at Maroochydore.


10.32pm: Car seen driving down Aerodrome Rd.


10.56pm: Car seen driving down Brisbane Rd.


11pm: Moroney and Oulds walk in the rear entrance of 240V nightclub. Oulds is seen throwing something into an industrial bin.


11.21pm: Moroney exits through the rear and has an RBT minutes later.


July 9, 2010


1.21am: Oulds leaves through the front of the nightclub, hugging people and then dancing down the street in a 'Gangnam Style' fashion.


July 11, 2010


Police divers find two iPhones in Maroochy River near Sunshine Motorway bridge.


Police find Oulds' washed clothes in skip bin near Scarlet Harem brothel in Kunda Park.







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