Luke Ogilvie, whose remains were found at his Bilambil home.
Luke Ogilvie, whose remains were found at his Bilambil home.

Murder witness tells of drugs

GRAHAM Smith returned home from allegedly killing a Bilambil man in a drug rip-off gone wrong last year, crying and very scared, Smith’s ex-girlfriend has told a Lismore court.

Brittany Clarke took the witness stand in Lismore Local Court this week as part of a committal hearing into the alleged murder of Luke Ogilvie at his Bilambil home in March last year.

Police allege Ms Clarke’s ex-boyfriend, Smith along with Andrew and Benjamin Biffin and Nicholas McCulloch killed Ogilvie and set his Urliup Rd house on fire.

They are also accused of stealing the deceased’s Harley Davidson motorcycle.

Ms Clarke said she and all the accused had been on drugs at Smith’s house on March 25 when the Biffins, Smith and McCulloch talked about going to get the job done.

The witness alleged the four accused went to the deceased’s house and then returned to Smith’s house – where she remained – in the early hours of March 26.

Forty-five minutes later, the Biffin brothers and McCulloch asked Smith to go back to the house to “clean up evidence or whatever”, Ms Clarke alleged.

“I told them ‘no, Graham can’t go out there, he is staying with me’. He was very scared,” she said.

“(I said) can’t you see he is upset?”

In her statement to police, Ms Clarke said Smith told her he saw “Luke getting hurt” and that Nicholas did “something bad to Luke.”

The defence questioned when and if she ever heard the accused actually declare Ogilvie dead.

“I heard them say they believe Luke was dead,” she said.

But that was your opinion on what happened wasn’t it, the defence put to Ms Clarke.

“No, I heard them say that,” she said.

But ‘Luke is dead’ is something that could have been said to Ms Clarke not on the night in question but another time, the defence suggested.

The defence asked Ms Clarke if she thought her memory of what happened on that night was unclear considering her drug use.

“(It was) not as a clear as a normal person,” she replied.

The witness appeared frustrated at times as the defence tediously trawled through the transcription of her interview with police.

In the interview, Ms Clarke said she overheard the accused saying a motorcycle was in the “Biffo’s” back shed and that it was going to go to Sydney.

It was previously alleged in court that the murder was a “drug rip-off gone wrong” and that Smith targeted the deceased because he was allegedly assaulting the mother of a friend.

The hearing continues today.

Ms Clarke said Smith told her that Nicholas did “something bad to Luke”