September 23, 2022

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LM, who cannot be named, told the Court of Appeal on Tuesday he did not know where Khalid Baker was when he got into a fight with Snowball at a party more than 16 years ago.

“I don’t have a memory of Khalid Baker being on the landing when I had the altercation with Mr Snowball,” LM said.

Khalid Baker spent 12 years in jail for a murder he said he did not commit.
Khalid Baker spent 12 years in jail for a murder he said he did not commit. (Flavio Brancaleone)

Snowball died in hospital after falling 5.4 metres through a window after a brawl at a Brunswick warehouse party in November 2005.

A jury found Baker guilty of Snowball’s murder in 2008 and he was sentenced to 17 years in prison. Baker was released in 2018 after serving his 12-year non-parole period.

The trial relied on the evidence of eyewitnesses at the party, as there was no CCTV footage or forensic evidence.

Baker is appealing his murder conviction, arguing there is fresh and compelling evidence from LM, who was acquitted at a trial, proved that he was not near the brawl.

LM, who was long-term friends with Baker, appeared as a witness in his appeal on Tuesday.

He said he was 17 when he went to the party with a group of friends, including Baker, who was designated driver that evening.

The converted warehouse where Albert Snowball was critically injured after being pushed through a window at a rave party.
The converted warehouse where Albert Snowball was critically injured after being pushed through a window at a rave party. (Joe Armao)

LM said he was dancing with friends, including Baker, when a fight broke out at the back of the warehouse.

He said he ran over to try to break up the fight as his other friend was involved. He pushed his friend out of the room and tried to get him to walk down the stairs to leave.

“I was just yelling at him ‘what are you doing? I’ve told you to calm down’,” he said.

“I grabbed him by the shoulders and tried to push him down the stairs. Once we’d gone down a few steps, Snowball came out and just started exchanging words over my shoulders.”

As a teenager, Baker was on his way to becoming a champion boxer and had been selected to compete at the 2006 Commonwealth Games in Melbourne. (60 Minutes)

Positioned between the two men, LM said he was punched to the face by Snowball.

He said he grabbed Snowball by the chest, with both of his hands, and pushed him.

“After I pushed him he took a couple of steps, I only saw that in my peripheral as I was turning. I turned and went down the stairs straight away,” he said.

LM said he did not hear the glass window breaking and the next thing he remembered was walking outside and seeing Snowball lying on the pavement.

The appeal is continuing.

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