Yuen jailed for 28 years for Hughes murder, prison bashing

Updated May 31, 2013 18:31:57

Canberra man Kai Yuen has been sentenced to a total of 28 years jail for the 2010 murder of Brendan Scott Welsh and an attack on a prison inmate.

Earlier this year, Yuen pleaded guilty to shooting Mr Welsh with a shotgun as he sat in his car outside the Hughes Shops waiting to do a drug deal in May 2010.

The pair had been friends for years but were locked in a feud.

Yuen always maintained he did not intend to kill Mr Welsh and the gun went off by accident.

But earlier this year he pleaded guilty to the crime, a week out from a planned eight week trial that was to include more than 100 witnesses.

Yuen however did not make it easy for the prosecution, first disputing the statement of facts and then taking part in a sentencing hearing, as both sides fought a battle over whether he should be given life or 18 years in prison.

Today Justice Hilary Penfold sentenced Yuen to 21 and a half years for the murder.

He was also sentenced to six and a half years for a prison bashing last year which left an inmate with serious injuries.

The man had to be placed in an induced coma and have five metal plates fitted in his face.

Justice Penfold imposed a non-parole period of 20 years.

Mr Welsh's partner, Stephanie Turner, says justice has served.

"It was fair, it was good. Justice has been done and that's all we can ask," she said.

In a written statement, Mr Welsh's mother and sister, Sally Hughes, thanks police and the Department of Public Prosecution for their hard work.

"Justice has been served for Brendan and his children. Brendan can now rest in peace and his family unit can commence moving forward with their lives."

Former friends

Yuen was one of three people charged over Mr Welsh's murder.

Cameron Ashcroft, 23, was recently acquitted of conspiracy to commit grievous bodily harm by a jury.

The third man, Todd Elphick, 26, faced the same charge but the jury was unable to reach a verdict. He may face a new trial.

Today's sentence ends one chapter but also leaves many questions unanswered. In particular how did two friends, who Yuen himself described as brothers, end up in such a situation.

Kai Yuen and Brendan Welsh had been friends for years. Their relationship unravelled over a string of events, culminating on May 10, 2010, when Yuen shot Welsh as he sat in his car at the Hughes shops waiting to do a drug deal.

Yuen and a group of friends had been playing cards and drinking earlier in the evening, when Yuen heard that Welsh had broken a window on his work car.

In evidence before the court, it was revealed Yuen had a loaded gun in his house. With three friends he retrieved the gun and went looking for Mr Welsh.

Chillingly he told the court he took the fire arm so he could "call the shots" when he confronted Mr Welsh.

But Yuen always maintained he never intended to kill Mr Welsh and he took the gun so he could control the situation when the pair were face to face.

For three hours the group looked for the victim. In the end they called Cameron Ashcroft who they asked to call Mr Welsh to arrange a drug deal. He was given $400 for the transaction.

The initial plan failed. First a pay phone was out of action, and another had to be found to make the call to Welsh, and then Welsh could not find the meeting place.

Eventually contact was made at the Hughes shops. As Ashcroft went to one side of the car Yuen went to the driver's door. What happened then has been hotly disputed.

Yuen maintains the gun went off as he lent forward to open the door. He says the second shot happened by accident with the recoil.

But Prosecutor Shane Drumgold maintained the shots were deliberate.

The atmosphere in court as the two sides argued over the point was at times tense. Yuen frequently locked horns with Mr Drumgold as he was challenged over his account.

At one point Yuen said "What evidence would you like to me to give Mr Drumgold?"

It was a comment which revealed the battle lines clearly - Yuen may have pleaded guilty, but it would be on his own terms.

Mr Drumgold pushed for a life sentence and accused Yuen of only pleading guilty to avoid a life term.

Yuen emphatically denied there was any ploy.

'Anger and violence'

In the witness box Yuen emerged as an intelligent man with a strong and persuasive personality. But some clues about how he came to this point did emerge in the hearings.

At first blush all seems normal. Yuen finished school and worked as an electrician.

He was born in Canberra, although spent some time in Victoria when his family lived there and later returned. The family did have some business worries, but he is a loved brother and son.

His sisters sat through the sentencing hearings and his mother was also there for some of the hearings. At one point Yuen leaned over to the public gallery and quietly asked his mother if she would be okay that day. It was an ordinary act from a loving son in the most extraordinary of circumstances.

But a pre-sentence report noted at school he was in frequent trouble for fighting and sometimes for taking cannabis. The court heard Yuen's violence at school was often associated to racial taunts linked to his Chinese heritage.

Even Yuen had to admit he has a problem with violence.

"I need to fix this anger and violence thing," he told the report author.

The report author said, "He makes bad decisions when he's under pressure because he can't think properly."

"His expression of remorse is limited, he can't account for the distorted thinking that leads him to violence.

"The risk of further violence remains while Mr Yuen has not addressed the issue."

'I am sorry'

Yuen did try to show remorse.

With Welsh's mother looking on, Yuen told the court what he had done was unforgivable and Mr Welsh's family had every right to hate him.

"Brendan was murdered, and I murdered him," he said.

"I wish I could go back and change what transpired."

"I am so sorry, I am sorry for your loss, I am sorry I took Brendan away from you."

Yuen also acknowledged the number of victims from the crime, including Welsh's family and his own.

As Yuen's life played out to the court room, less was heard about the life of the victim Brendan Scott Welsh father of three with another child on the way. It was not until his mother and sister delivered their victim impact statements that his presence was felt.

Welsh's sister told of how losing her brother in such a cold blooded manner had made the experience all the more painful.

His mother confronted Yuen asking "Why did you kill my son?"

She told the court losing him had been heartbreaking, but losing him because he was murdered was excruciating.

She also told the court the murder had left three of his children orphans.

The most palpable moment was when Mrs Welsh described having to explain to them that they had lost their father.

It was an articulate and heartfelt tribute, from an inspiring woman who appeared to have been made stronger as she deals with the practical consequences of a terrible crime.

Clearly Brendan Welsh, like Yuen, was also a loved son, brother and father. His then girlfriend was also pregnant. He had everything to live for.

This was a tragedy on so many levels. Yuen may spend most of his adult life behind bars, but so many others will also suffer profound, life long consequences.

If only someone had paused, walked away from the moment, and saved so much pain.

Topics: murder-and-manslaughter, act, canberra-2600

First posted May 31, 2013 11:49:06