Man denies home invasion that left alleged accomplice dead

A man accused of a home invasion that led to a grandfather's arm partially severed with an axe and an alleged accomplice's fatal stabbing has denied all charges.

Desmond Avery in Lismore District Court today pleaded not guilty to breaking and entering, and aggravated assault with intent to rob.

Avery also pleaded not guilty to causing grievous bodily harm to then 66-year-old Allan Kerr with intent of causing grievous bodily harm.

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Emergency services were called to a property in Kingscliff, near Tweed Heads in far north NSW, just after 8pm on April 9, 2024.

Police found Avery's alleged co-offender, 29-year-old Trae Laurie, dead and Kerr seriously injured.

In court today, Judge Craig Everson asked Avery if he was related to world champion surfer Tom Avery, who has links to the NSW south coast.

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"Yes," Avery said.

Investigators alleged Avery and Laurie forced entry into the home while armed with an axe and wearing face coverings to conceal their identities.

Laurie was allegedly stabbed in the chest by Kerr in what investigators have described as an act of self-defence after the older man was struck repeatedly with the axe.

Kerr was airlifted to Gold Coast University hospital and underwent surgery after having his arm partially severed in the attack.

Avery allegedly fled the scene in a silver Toyota Corolla and was arrested the next day at a property in Kingscliff.

Kerr did not know Avery or Laurie, police said.

Due to a burst water main closing Sydney's Downing Centre court complex and the availability of essential witnesses, Judge Everson set a trial date for March 30.

"I'm conscious the accused would then have been in custody for a fair while," Judge Everson said.

Crown prosecutor Brendan Campbell said the trial would run for an estimated 10 days.

The matter was ordered to return to court for a readiness hearing on February 13.

Judge Everson ordered Avery be returned to custody.

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