A teen charged with murder over the street killing of a 15-year-old boy in Melbourne’s west — who has allegedly been the subject of threats inside youth detention — has been denied bail.
The 16-year-old was one of eight people who allegedly attacked Dau Akueng, 15, and Chol Achiek, 12, in September when they were walking home from basketball in Cobblebank, near Melton.
He and four others are specifically charged with Dau’s murder.
The court heard that police believe the then-15-year-old, known as JT, was armed with a weapon when he encountered Dau, but that it wasn’t clear from CCTV vision what his role in the attack was.
Police allege three of the co-accused attacked Dau first, while JT and another accused arrived shortly after the attack started.
Dau Akueng, pictured when he was younger, was walking home from basketball in September when he was attacked and killed. (Supplied)
A Victoria Police detective told the court JT went into a “dark spot” in CCTV footage which captured the attack.
“He’s seen on camera but he kind of blurs into a dark spot,” the detective told the court.
“What’s occurring is blurred.”
Lead-up to alleged attack detailed in court
The court also heard details about the events surrounding the alleged attack in Cobblebank.
In the hours beforehand, one of the accused collected a stolen car and drove to various addresses in the north-west suburbs picking up co-accused, police allege.
The group of eight then allegedly confronted a young person on the street and made demands, causing him to run away.
It’s then alleged the group went to a fast food restaurant where two of the co-accused confronted people inside the restaurant, demanding to know if they were in a gang, the court heard.
After the alleged murders of Dau Akueng and Chol Achiek, the group allegedly fled together in the stolen car to an address in Sydenham, in Melbourne’s north-west.
It’s alleged JT then called an Uber using his grandmother’s account, which dropped him and a co-accused home.
Court hears alleged involvement in robbery
The court heard JT had no prior convictions, but had received a caution over a robbery which he allegedly took part in.
His mother had also called police in February, after he became angry and punched a hole in the wall when she tried to confiscate his phone.
The Crown barrister told the court while there were no prior offences, JT had been keeping company with people who were offending with machetes since September 2024.
“He’s taken photographs with weapons and used gang signs,” she said.
The court heard police allege the attack on Akueng and Chol was retribution for the death of of Kon Tsu Sein, who died in an alleged targeted gang killing in December 2024.
After the deaths of the two South-Sudanese Australian boys, police found one of the accused had a photo of Sein’s grave on his phone with the quote: “Everything we’re doing for you.”
Police have previously said that neither Dau Akueng or Chol Achiek were in a gang.
Defence details threats made in youth custody
In support of the bail application, JT’s barrister told the court the 16-year-old had been threatened in youth custody, where he has been in detention since September, over some canteen money. The threat also extended to his family.
“He’s not big. He’s not 6 foot 6 and able to look after himself,” his lawyer told the court.
His mother had moved to Queensland in the past few weeks as a result of the threats, while JT had been moved to a different unit inside youth custody.
His barrister told the court a move to Queensland would get JT away from gang activity, and he would have good family support.
His father, who is separated from his mother, has always resided there.
“The risk of any gang-related activity has to be reduced if he’s granted bail to live in Queensland,” his barrister told the court.
The court heard that threats have been made against JT and his family while he has been in youth custody. (ABC News: Curtis Rodda)
He also said his young age and the fact he was unlikely to face trial until 2027 were key reasons for him to be granted bail.
“It’s not clear from the evidence … that the accused is a participant necessarily in the assault that causes fatal injuries,” he also argued.
Prosecutors urge for priority on community safety
However, the Crown’s barrister later dismissed that argument, saying it didn’t matter who delivered the fatal blows if the prosecution could establish there was an agreement between the accused to attack Dau.
She said the severity of the case meant it was completely out of the ordinary, and that community safety was at risk.
“[Recent toughening of bail laws] made community safety the overarching principal under the act,” she said.
“We say it’s significant and must be a guiding principal for your honour.”
JT’s grandmother posted a surety of $100,000, which she told the court was money from an inheritance and was the entirety of her life savings.
She also testified that JT had witnessed family violence between his mother and his stepfather, and that relationship had now ended.
The judge sided with the prosecution, and said there would be an unacceptable risk to community safety if JT was released.
“The evidence shows he’s willing to engage in gang activity while armed with an weapon,” he said.