A protected witness told a Mexican court he fled after hearing gunfire during the alleged attack on Perth brothers Callum and Jake Robinson and their American friend, warning that he would “end up like the gringos” if he spoke about what he had seen.
The evidence was heard on the opening day of the trial of three men accused of killing the surfers in Baja California in April 2024. Jesús Gerardo, known as “El Kekas”, Irineo Francisco and Ángel Jesús face charges including aggravated homicide, aggravated robbery, violent robbery and grand theft auto.
The witness, who gave evidence from a separate room with his face and identity concealed, said he had been with Gerardo near the scene while the other two defendants were also present.
He told the court he was sitting in a pick-up truck when he heard a commotion. He ran to his uncle’s house and hid in a bathroom before later being found by the men, who allegedly threatened him against disclosing what had happened.
According to prosecutors, the witness and his mother have been placed in protection after being intimidated in the lead-up to the proceedings. The defendants were removed from the courtroom while the protected evidence was heard.
The witness reportedly said he had travelled to the coastal area with Gerardo on April 27, 2024, after being invited to spend time with women. They encountered the Australians, who were camping with their pick-up truck, surfboards and a tent, before later returning to the site in another vehicle.
He said he stayed in the vehicle while the others walked towards the campsite. After hearing a gunshot followed by shouting and what sounded like a struggle, he ran towards nearby homes and hid.
Prosecutors allege the three victims were attacked during an attempt to steal their vehicle and were shot before their bodies were dumped in a remote well. The burnt-out pick-up truck was later found with its tyres missing.
The prosecution’s case is that the robbery was prompted by a desire to take the vehicle’s tyres and other belongings. Ary Gisell Silva, the former partner of one of the accused, admitted instigating the robbery and was sentenced to 20 years in prison last year.
The defence has argued that prosecutors do not have enough evidence to prove their case. None of the three men has entered a plea, after they reportedly rejected proposed prison terms of between 47 and 52 years.
Prosecutors are seeking sentences of 210 years for each defendant, with additional prison time sought for Gerardo in relation to an alleged disappearance offence.
More than 30 witnesses are expected to give evidence during a trial forecast to last several weeks. Local reports said the prosecution may call 49 witnesses, alongside five for the defence, including investigators, forensic experts, relatives and friends of the victims.
Martin and Debra Robinson travelled from Perth to attend the proceedings in Ensenada. The couple sat close to the accused men at the start of the hearing before the defendants were taken to another room.
“We’re doing this because we believe Callum and Jake would want us to be here,” Mrs Robinson told reporters outside court.
Mr Robinson said: “We want to find out what happened. We want to find out why.”
The trial is being heard by a single judge, who was appointed shortly before proceedings began after the original judge was reportedly involved in an accident. The replacement judge appeared remotely on the first day, with the hearing due to continue this week.
