Mr Heke's lawyer Adam Magill told the Brisbane Times, Mr Heke and his family were devastated.
"He's in a position where he has family members who have flown back here with respect to the matter and he's never really been in trouble with the police before, it's devastating," Mr Magill said.
Paramedics were called to the Gateway Motorway off-ramp where it merges with the Pacific Motorway in Eight Mile Plains about on Tuesday afternoon where Mr Merrigan was declared dead at the scene.
QAS intensive care paramedic Phillip Campbell said the paramedics had done their best to look after the several witnesses, including bystanders who stopped to assist the man before an ambulance arrived.
"We have, as best we can, looked after the people surrounding the incident," he said.
"We have assessed them medically and also had a brief chat with them to offer some support emotionally."
The truck driver was treated for shock.
"[The truck driver] did everything within his power to try and avoid the situation and unfortunately as much as he has tried it has ended up in a fatality," a police spokesperson said.
Police charged Mr Heke with murder late Tuesday night after they examined the dash-cam footage of the recycling truck.
He was due to return permanently to New Zealand next week.
