Lawyer: Robber didn't know her accomplice had gun
THE female armed robber accused of murdering a police officer could not have known his death was a probable consequence because she did not even know her accomplice had a gun, her barrister has argued.
Defence lawyer Michael Byrne told a supreme court jury in Brisbane that they only had to assess the evidence objectively to see the "low-level" role of Donna Lee McAvoy in the robbery-gone-wrong at the Pacific Pines Tavern.
Senior Constable Damian Leeding was shot while responding to the armed robbery on May 29, 2011. His life support was turned off two days later.
Phillip Graeme Abell and Ms McAvoy have pleaded guilty to the robbery and depriving people at the tavern of their liberty but pleaded not guilty to the murder charge.
Mr Byrne asked the jury to look at what witnesses testified and what Ms McAvoy told police during an interview rather than draw inferences or assume she knew what was going on.
"If there was integral pre-planning why was he yelling demands at her?" he said.
"She was there, she was taking the money, but she was not an integral part to what was happening with Abell or the use of the firearm.
"She was not aware of the presence of the firearm at the time of the robbery let alone of a loaded firearm."
Mr Byrne said tavern duty manager Kelly McLaren testified McAvoy was not even in the room when she was told to get on the floor and hand over the cash.
He said Ms McAvoy was wearing clothing that witnesses described as a burqa and in the back of the car when it arrived at the tavern.
Mr Byrne said CCTV footage showed she was walking behind her armed accomplice, who had been in the front of the car, wearing that clothing, so she did not even see it.
He told the jury Ms McAvoy was out of sight when the crossfire took place with police and did not see Snr Const Leeding.
Mr Byrne also pointed to evidence from tavern security guard Benjamin Skene who had five weeks of gun training but thought the gun was fake when he first saw it.
Lawyers for Mr Abell are expected to begin their closing arguments on Friday.