Murder Conviction Overturned in Birdsall Fa'apepele Stabbing Case
The murder conviction of Steven Dean Michael Walker-Ely, who fatally stabbed Birdsall Fa'apepele at a caravan park in Paget, Queensland in December 2021, has been overturned by the Queensland Court of Appeal. Walker-Ely had claimed he was provoked and rated himself "10 out of 10" honest at his trial.
The Stabbing and Initial Trial
Birdsall Fa'apepele, a 25-year-old footballer for the Mackay Magpies, died after being stabbed 42 times at the caravan park. Walker-Ely pleaded guilty to manslaughter but denied the murder charge at his trial in 2024. A Supreme Court jury found him guilty of murder, resulting in a life sentence.
Grounds for Appeal: Honesty Assessment
The appeal centered around the prosecutor's cross-examination of Walker-Ely, where he was asked to rate his own honesty. Ruth O'Gorman, Walker-Ely's defence barrister, argued that the question was improper and prejudiced the jury. She stated that her client should never have been asked to make an assessment of his honesty.
Prosecutor's Question and Defence Objection
During the trial, the prosecutor asked Walker-Ely: "What about as a general matter? Do you regard yourself as a perfectly honest man, 10 out of 10?" To which Walker-Ely replied, "Yes, I do." Walker-Ely's trial defence counsel immediately objected, calling the question inadmissible and unprecedented.
Court of Appeal Decision
The Queensland Court of Appeal, led by Justice Thomas Bradley, agreed that the prosecutor's questions were improper because Walker-Ely had not asserted his good character previously. The court found this constituted a miscarriage of justice. The appeal court ordered Walker-Ely's murder conviction be set aside and he must face a new trial.
