Teens text about plot to kill 'boring' friend
A STRING of callous and heartless text messages between two Toowoomba teens hatching a plan to kill their "boring" friend does not read like a joke.
But Kyle Mitchell Dumesny says he never for one minute thought Max Peter Smith was serious, claiming he believed the scenarios they cooked up to slay Jake James Roy Lasker were just musings.
After being charged in May as an accomplice to the murder, he is now forced to prove he was not actively encouraging Smith.
Smith is serving life imprisonment for stabbing Jake to death with a knife, inflicting 102 wounds, while they were playing Xbox in his family home on November 7, 2012.
He turned Crown witness mere days after being sentenced last November, giving police a statement implicating Dumesny more directly in the conspiracy to kill Jake.
In Dumesny's bail application in Brisbane Supreme Court this week, Justice David Boddice questioned whether Smith could have falsely implicated Dumesny for revenge but he also expressed concern that Dumesny had deleted potentially incriminating text messages leading up to the death.
Dumesny's barrister Steve Kissick described Smith as an unreliable source.
"He is clearly a man without remorse, without conscience, probably sociopathic, and no doubt without any compunction regarding providing a statement against (Dumesny)," he said in a written submission.
Smith and Dumesny, aged 19 and 17 at the time, initially told police an intruder was responsible for the stabbing frenzy but Dumesny eventually gave in and the text message trail was uncovered.
Documents lodged in Brisbane Supreme Court for Dumesny's bail hearing suggest he asked to be present when Smith planned to "do the deed".
He replied "LOL" and "cool" to text messages from Smith about using a big knife to kill the defenceless and vulnerable 19-year-old, who had been bullied at school and had social difficulties attached to his Asperger's syndrome.
Police will point to texts where Dumesny agrees with Smith's statement Jake is not useful to society, and is annoying, before replying "LOL" when Smith states they would be doing society a favour in "eliminating" Jake from it.
The text messages began seven days before Jake was slain.
Smith and Dumesny discuss timing of the murder, covering up forensic evidence and splitting profits 50-50 when they steal Jake's belongings.
"All throughout the communications, (Dumesny) actively supports and participates in the plans, even offering suggestions of meeting up in person to further plan and ensure (Jake's) parents were out at the time," one police document read.