Qld one-punch-accused applies for bail

  • 19/01/2016
Cole Miller (AAP)
Cole Miller (AAP)

A 21-year-old man accused over the death of Brisbane teen Cole Miller has applied for bail, claiming he was not responsible.

New Zealand-born Daniel Jermaine Lee Maxwell is one of two men facing a charge of unlawful striking causing the death of Mr Miller earlier this month.

Magistrate Wendy Cull adjourned her decision until this afternoon after listening to submissions from Maxwell's lawyer, Michael Bosscher, at the Brisbane Magistrates Court.

Mr Bosscher told the magistrate that, moments before the attack in Fortitude Valley, Maxwell had turned to his friends and said "do you want to see something funny?".

He said Maxwell then randomly selected nearby Mr Miller and challenged him to a fight, before throwing the first punches.

"There is no evidence at all to suggest he struck Mr Miller to the head," Mr Bosscher said.

"There is clear evidence that Mr Miller was still standing, still conscious."

He claims it was fellow New Zealander and co-accused Armstrong Renata, also 21, who delivered the fatal punch.

"It's clear that the punch from the co-accused to Mr Miller was the one that caused him to lose consciousness and cause his death."

He added that the police case against Maxwell was weak.

Mr Miller, 18, an elite water polo player, died in hospital from massive head trauma on Monday January 3, a day after the alleged assault.