Gateway Motorway victim had history of road rage: court

A man who died when a truck ran him over during a fight beside a busy highway had a history of road rage, a court heard as his alleged killer was granted bail.

Tamate Henry Heke, 36, was charged with the murder of 50-year-old Shane Merrigan after the conflict on the Gateway Motorway on December 1, a week before Mr Heke was due to be married.

The Brisbane Supreme Court heard the father-of-three punched Mr Merrigan, knocking him to the ground and into the path of a garbage truck, whose driver wasn't able to stop.

Defence lawyer Adam Magill speaks to media outside Brisbane Supreme Court after Tamate Henry Heke was granted bail on Thursday over the murder of Shane Merrigan. Photo: Jorge Branco

Mr Merrigan, a father of four, suffered fatal injuries.

But Justice Roslyn Atkinson said that did not appear to be the whole story of the "road rage incident", which left witnesses traumatised.

"There is before the court an affidavit from a previous employer of the deceased, which demonstrates that there were many complaints made against him when he  was a professional driver of road rage involving other people."

Sheena, the fiance of Tamate Henry Heke leaves the Brisbane Supreme Court with his family on Thursday. Photo: Jorge Branco

Justice Atkinson said Mr Heke, a New Zealand national, was a "model citizen"  with "no criminal history whatsoever".

She granted him bail with a strict list of conditions including daily reporting to the Beenleigh police station, a driving ban and a $100,000 surety.

During a lengthy bail application, Justice Atkinson called into question the strength of the Crown's case.

Tamate Henry Heke, 36, was charged with the murder of 50-year-old Shane Merrigan after the "road rage" incident on the Gateway Motorway on December 1. Photo: Nine News

She said her "superficial judgment" was that "while there might be a strong case for manslaughter there may not be a strong case on murder" and there were conflicting accounts of the incident.

"I shall not go into it in detail because in the end this will be a matter for first, the DPP (Director of Public Prosecutions) to determine what charge should be laid on indictment in this court and then for the jury to determine whether or not the elements of the offence are laid out," she said.

"Suffice it to say that it could not be said that… the evidence strongly suggests that the defendant would be convicted of murder.

Alleged Pacific Motorway road rage victim Shane Merrigan. Photo: Facebook

"I say this of course on the basis of the material before me in a bail application."

The prosecution said its position remained that Mr Heke's actions constituted murder.

A large contingent of the defendant's family, including fiance Sheena, watched the proceedings and welcomed the news with smiles.

Outside court, his solicitor, Adam Magill, described his client as a "lovely guy in a bad situation".

"It's very tragic on all sides obviously," he said. "We had two families which were involved in this.

"Tragic circumstances but it will all come out in the wash."

He said Mr Heke could be released from Arthur Gorrie Correctional Centre as early as Thursday afternoon.