Samantha Murphy Ballarat * Patrick Orren Stephenson Charged With Murder

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The Murder of Rebecca Young - Ballarat

The Murder of Hannah McGuire - Ballarat * Lachie Young charged



Allegedly
 
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Fair enough and that seems to be standard practice. But then why rush to charge him with murder and get him remanded in custody and oppose bail? If he's innocent his life is pretty well stuffed. If they had enough evidence to prove otherwise, i.e. he's a danger to society then where is it, and how much more is needed for the committal?
If they were still building their case, why go for murder? Why not a lesser charge which could always be increased if more evidence emerged?
WTF?

What are you going to charge him with that would stand up to a commital?

What happens if he pleads guilty at the first mention and fast tracks his trial?

An Appeals Court would have fun with that conviction and it may screw up any trial for murder
 

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It's not a big deal. It's a 12 week adjournment for the defence to go through the footage. There's no big failure here.
My concern (amongst others) re the adjournment is the state of SM for forensic purposes, but more importantly for recovery for her family. Outside of that, I’d rather see a thorough process for all involved than a rushed one
 
Fair enough and that seems to be standard practice. But then why rush to charge him with murder and get him remanded in custody and oppose bail? If he's innocent his life is pretty well stuffed. If they had enough evidence to prove otherwise, i.e. he's a danger to society then where is it, and how much more is needed for the committal?
If they were still building their case, why go for murder? Why not a lesser charge which could always be increased if more evidence emerged?
It feels somewhat safe to assume that something circumstantial led to surveillance and subsequently location of more concrete evidence concerning, for instance, his car. Enough for police to charge murder. But that surely would not be enough for a magistrate to commit him to trial.

Regarding bail, I believe it can be refused if the accused is at risk of influencing witnesses/the criminal process? The heart of the theorising on this forum to me is why has a 22y/o allegedly murdered a woman the (about) same age as his own mother. Because there’s no established link between them, and aside from the summary offences to be addressed in November also, we don’t know of any prior criminal history prior to this charge. With regard to that info, I don’t see him being denied bail for his threat to the general community I.e. other women unless that’s the done thing. That is of course unless the police know something about his past in the realm of violence etc that we don’t. But at this point there’s nothing to say he has a history of that kind whether from police or even anecdotally from people who apparently know him. There’s also the chance that given the spotlight on family violence/men’s violence against women that both police and the court have, whether consciously or not, assessed him to be a threat to the community

It’s certainly a concern for POS given he’ll be 8 months in remand by the time November rolls around. i think this hearing serves to disappoint on many fronts and I feel for the families
 
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Due to time constraints the application for the release of info about the summary offences to journos was adjourned to the November date. And notably (I believe) the defence opposed the release of the charges to the media. I suppose it could be to ensure potential jury members aren’t biased by the charges, but my mind went to assuming it was because the nature of the charges would reinforce the prosecutions theory of the alleged act. Has defences opposition to that been published by the media?
 
So the case is pretty much closed to the public. We know virtually nothing. It’s even more intriguing than the Hill/Clay/Lynn case.
Once charges are laid it is standard practice for case details to be closed to the public. This avoids sub judice and prejudice etc and ensures a fair trial and successful prosecution.
But it's a two-edged sword. If the police are still building their case, then the public cannot assist the police with the investigation if they don't know what angle the police are taking, or any details about what is being alleged.
That's why it is intriguing. Why lay charges so quickly if still building the case? Or, looking at it another way, why take so long to build the case if there was enough evidence to charge with murder after only a couple of weeks?
 
Once charges are laid it is standard practice for case details to be closed to the public. This avoids sub judice and prejudice etc and ensures a fair trial and successful prosecution.
But it's a two-edged sword. If the police are still building their case, then the public cannot assist the police with the investigation if they don't know what angle the police are taking, or any details about what is being alleged.
That's why it is intriguing. Why lay charges so quickly if still building the case? Or, looking at it another way, why take so long to build the case if there was enough evidence to charge with murder after only a couple of weeks?
I know, but we really don’t have a clue 🕵️‍♂️. And the police have been so positive they have the right person. It’s no wonder there is so much speculation, some of it quite mad 🙃. I’m not questioning or complaining, merely observing.
 

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Do we know when POS goes to court for the other traffic offences?
It was decided during the committal this week that they would also be heard on the new November date (the 14th?). But the charges haven’t been confirmed and may not be publicly released as the defence is objecting to journos requests for disclosure. Erin Pearson from the Age stood up as the defence and Magistrate were discussing the application and advocated quite strongly for the release of the info. Magistrate shut the conversation down to time constraints. POS/prosecution were around 5 min late
 
Do we know when POS goes to court for the other traffic offences?
It was decided during the committal this week that they would also be heard on the new November date (the 14th?). But the charges haven’t been confirmed and may not be publicly released as the defence is objecting to journos requests for disclosure. Erin Pearson from the Age stood up as the defence and Magistrate were discussing the application and advocated quite strongly for the release of the info. Magistrate shut the conversation down to time constraints. POS/prosecution were around 5 min late
 
That's extraordinary. Both sides? They've known about this for months and yet they can't show up on time? Not important enough?
Maybe the cctv room in the prison that POS was using was being used beforehand for another court matter which went over time. Maybe it was delayed because prison officers had to set him up in the room.
 
That's extraordinary. Both sides? They've known about this for months and yet they can't show up on time? Not important enough?
Good question. I do believe it was on POS’ side so tech issues/access to the room like underarrest mentioned. The magistrate didn’t issue a warning or anything of the sort
 
That's extraordinary. Both sides? They've known about this for months and yet they can't show up on time? Not important enough?
I should clarify, defence were on time. But the prosecution and POS, who both attended virtually, I believe were late. Mr White (I believe his name is?) mightn’t have been 5 min late but I believe POS would’ve been. I was surprised they managed to get things wrapped up before 10:15 considering
 
It feels somewhat safe to assume that something circumstantial led to surveillance and subsequently location of more concrete evidence concerning, for instance, his car. Enough for police to charge murder. But that surely would not be enough for a magistrate to commit him to trial.

Regarding bail, I believe it can be refused if the accused is at risk of influencing witnesses/the criminal process? The heart of the theorising on this forum to me is why has a 22y/o allegedly murdered a woman the (about) same age as his own mother. Because there’s no established link between them, and aside from the summary offences to be addressed in November also, we don’t know of any prior criminal history prior to this charge. With regard to that info, I don’t see him being denied bail for his threat to the general community I.e. other women unless that’s the done thing. That is of course unless the police know something about his past in the realm of violence etc that we don’t. But at this point there’s nothing to say he has a history of that kind whether from police or even anecdotally from people who apparently know him. There’s also the chance that given the spotlight on family violence/men’s violence against women that both police and the court have, whether consciously or not, assessed him to be a threat to the community

It’s certainly a concern for POS given he’ll be 8 months in remand by the time November rolls around. i think this hearing serves to disappoint on many fronts and I feel for the families
Regarding bail as per above BBM, in Victoria (and indeed pretty much all of Australia) it’s usually a ‘NoGo’ for those charged with Murder. The ‘remandee’ would need to make an application to the Supreme Court that demonstrated the exceptional circumstances that qualifies them to receive Bail approval. .. IMHO.

I am though somewhat confused by your opening paragraph, as on one hand you feel safe to assume that Police have the evidence necessary to substantiate their charge of Murder against POS - but you don’t think it’ll satisfy a magistrate … could you please elaborate on that statement.
 

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Samantha Murphy Ballarat * Patrick Orren Stephenson Charged With Murder

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