Walker-Ely murder conviction overturned : A man who described himself as “10 out of 10 honest” during his trial, and argued that he fatally stabbed a young footballer after being provoked, has successfully appealed his murder conviction.
Birdsall Fa’apepele was killed after being stabbed 42 times at a caravan park in Paget, central Queensland, in the early hours of December 14, 2021.
Steven Dean Michael Walker-Ely admitted to manslaughter but denied murder when his trial began in 2024.
Queensland Court of Appeal overturns murder conviction in fatal stabbing of young footballer
After a four-day hearing, a Supreme Court jury found him guilty of murder and sentenced him to life in prison.
However, in a ruling delivered yesterday, the Queensland Court of Appeal accepted Walker-Ely’s claim that a miscarriage of justice had occurred while he was giving evidence in his own defence.
Walker-Ely told the jury that he had been living at the caravan park and attacked the 25-year-old Mackay Magpies player after allegedly being provoked by an attempted sexual assault.
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During the appeal hearing, defence barrister Ruth O’Gorman argued that the prosecutor had acted improperly by asking Walker-Ely, under cross-examination, to rate his overall honesty.
She told the court that the jury should never have heard this exchange, as it went beyond the circumstances of Fa’apepele’s death.
At a general level, do you consider yourself a perfectly honest man, a 10 out of 10?” the prosecutor asked during the trial.
Yes, I do,” Walker-Ely responded.
Footballer Birdsall Fa’apepele stabbed 42 times in Paget caravan park attack
At trial, Walker-Ely’s defence lawyer objected to the prosecutor’s line of questioning, calling it inadmissible and “unlike anything I’ve ever encountered.
The prosecutor maintained that the questions were necessary to test Walker-Ely’s credibility, particularly after he alleged that Fa’apepele had attempted to rape him and later threatened to kill him.
Jury found Walker-Ely guilty of murder after four-day trial in 2024
On appeal, Justice Thomas Bradley ruled that the questioning was improper, noting Walker-Ely had never claimed before the jury that he was a person of good character.
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The two other appeal judges agreed with Justice Bradley’s assessment.
As a result, the Court of Appeal quashed Walker-Ely’s murder conviction and ordered a retrial.
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