A Kiwi accused of delivering a fatal blow to a Brisbane teenager denies he threw the punch and is pushing the blame onto his co-accused, also a New Zealander living in Australia.

Cole Miller, 18, died from a single punch to the head on January 3.

Daniel Jermaine Lee Maxwell and Armstrong Renata, both 21 and from Auckland, have been charged with unlawfully striking the teenager causing death.

Kiwis facing life in Australian prison following fatal attack


Maxwell's lawyer Michael Bosscher told the Brisbane Magistrate's Court today that his client was not responsible for Mr Miller's death.

He sought a hearing to challenge the charge against Maxwell, stating his client had been mis-charged and the evidence against him was "weak" and "virtually non-existent".

Mr Bosscher told the magistrate that moments before the attack Maxwell turned to his friends and said "do you want to see something funny?".

He conceded that Maxwell, who was celebrating his 21st that night, then randomly chose Mr Miller and challenged him to a fight, Mr Bosscher said.

The 21-year-old started throwing punches but Mr Bosscher said there is no evidence at all to suggest he struck Mr Miller to the head area.

Armstrong Renata has been charged over the death of Cole Miller. Photo / Facebook
Armstrong Renata has been charged over the death of Cole Miller. Photo / Facebook

"There is clear evidence that Mr Miller was still standing, still conscious," he said.

Earlier this month Mr Bosscher told the Daily Mail that Maxwell was "devastated" by Mr Miller's death, particularly as it happened on his 21st birthday.

"He feels nothing but the greatest sympathy for the family of the victim," Mr Bosscher said.

"He has no friends or family really here in Australia - they're all in New Zealand."

Magistrate Wendy Cull adjourned her decision on the charged against Maxwell until Tuesday afternoon.

If convicted of the charge Maxwell faces life in an Australian prison.