Committed to stand trial
Daniel Clayton Scott was yesterday committed by Magistrate Paul Lyons to stand trial over the killing. He is accused of inciting killers Mike Grupe and Jayal Utz to murder Mr Elliot outside his Chinderah brothel on May 26, 2000, as well as with detaining for advantage and causing injury, and with assault with intent to rob while armed with a dangerous weapon.
The court yesterday heard Scott had arranged for a 23kg carton of AK-47 ammunition, ordered and signed for by Utz, to be delivered to the home of an associate at Worongary, near Mudgeeraba on the Gold Coast, on May 22. Grupe and Utz were both armed with AK-47s when they shot and killed Mr Elliot.
Utz was later shot dead by Grupe. Grupe was found not guilty of murdering Utz on grounds of self defence.
However, defence counsel Wayne Flynn argued the Crown had failed to show Scott had arranged the killing.
Mr Flynn said the Crown relied primarily on Grupe for evidence of Scott’s involvement, but that Grupe had shown himself to be an unreliable witness.
“Mr Grupe has lied to police in the past and has committed perjury in front of Your Honour,” Mr Flynn told the court.
Mr Flynn also pointed out Grupe said Scott never told he and Utz to arm themselves – saying only he had never told them not to take guns.
Mr Lyons said Grupe’s lies had to be taken in context.
Grupe lied when picked up by police because he did not want to go to jail and he perjured himself early this week, by answering questions put by the Crown with ‘I don’t remember’, because he feared for his personal safety. Once assured of his safety, Grupe cooperated with the court.
Mr Lyons said Scott was the only link between Mr Elliot and Grupe and Utz.
He said Utz had a widely known reputation for violence.
He rejected the suggestion Scott may not have known Utz and Grupe would use guns in what was supposed to be an abduction and robbery, pointing to the ammunition and several meetings between the men.
“Do you think that ... no-one said at any stage, how are you going to go about it,” Mr Lyons asked.
Mr Lyons remanded Scott in custody to appear before the Supreme Court in Sydney on December 4. A trial in Lismore was expected mid to late next year.