Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #9

LE know 100% he killed her. Phone pings. Possible CCTV. Possible witnesses. Possible DNA. Its all covered in the hundreds of comments. They probably have it all hence the murder charge.
But the question remains, if he remains silent, without a body, can they convince a jury beyond reasonable doubt that he killed her.

He had weeks to thoroughly clean his car, hide and destroy evidence, throw out clothes, clean the house and let scratches on his arms heal.

Only time will tell.

I disagree that LE know 100% that he 'murdered' her.

Even by your assumption and the hundreds of comments, there is only possible CCTV, possible witnesses and possible DNA.

Yes, I agree that that LE are 100% confident they had enough evidence to charge him for murder, but that still doesn't mean he is 100% guilty. Far from it really.

Agree with you there...time will tell.
 
I disagree that LE know 100% that he 'murdered' her.

Even by your assumption and the hundreds of comments, there is only possible CCTV, possible witnesses and possible DNA.

Yes, I agree that that LE are 100% confident they had enough evidence to charge him for murder, but that still doesn't mean he is 100% guilty. Far from it really.

Agree with you there...time will tell.

My bet is on:

- phone pings
(although with some towers being out of order that day this evidence might prove...ummm... awry)

- a witness
(come on,
it was 8 o'clock on beautiful Sunday.
Where I live, on such day and at such time I usually trip on people, mainly dog walkers and joggers.
Wherever I go)

- an "indirect witness"
(meaning, somebody the accused might have allegedly confessed to)

JMO
 
My bet is on:

- phone pings
(although with some towers being out of order that day this evidence might prove...ummm... awry)

- a witness
(come on,
it was 8 o'clock on beautiful Sunday.
Where I live, on such day and at such time I usually trip on people, mainly dog walkers and joggers.
Wherever I go)

- an "indirect witness"
(meaning, somebody the accused might have allegedly confessed to)

JMO

I think the phone pings will definitely be strong evidence!
The last point where Samantha was recorded, coinciding with a ping from the accused's phone is very good evidence.

Yep, I also think there may be a witness that can corroborate the accused's car being in the area where both party's phones pinged....

Given his silence, i doubt there is a witness that will say that the accused has confessed information about Samantha's death.

Murder is an extremely high bar... even if there was Samantha's DNA on/in the accused's car, on that alone, a good defence laywer will be able to show this doesn't necessarily mean it was the accused that killed Samantha, let alone murdered her.

MOO, at this point the police have revealed to the media that they don't know exactly what happened to Samantha... though they have enough for a murder charge and are very good at keeping information to themselves until it is required.
 
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I think the phone pings will definitely be strong evidence!
The last point where Samantha was recorded, coinciding with a ping from the accused's phone is very good evidence.

Yep, I also think there may be a witness that can corroborate the accused's car being in the area where both party's phones both pinged....

Given his silence, i doubt there is a witness that will say that the accused has confessed information about Samantha's death.

Murder is an extremely high bar... even if there was Samantha's DNA on/in the accused's car, on that alone, a good defence laywer will be able to show this doesn't necessarily mean it was the accused that killed Samantha, let alone murdered her.

MOO, at this point the police have revealed to the media that they don't know exactly what happened to Samantha... though they have enough for a murder charge and are very good at keeping things to themselves until it is required.

I'm not so sure about this "high bar for murder charge" :rolleyes:

I still remember some cases (on WS),
when the charged people went free eventually
(I even wrote here about guys in UK charged of murder of a woman,
who was later found safe,
although not particularly "sound" mentally.
She simply wandered off merrily her own way.

Not to mention convicts who were later absolved of crimes and found totally innocent).

Well,
as for confessing to someone,
as was reported, the accused allegedly enjoyed "benders",
so,
who knows what he might have allegedly boasted/slurred about to his mates in such a state.

Although, mind you,
there are also fantasists in this world,
who "confess" to things they never committed :oops:

"Follow the facts,
Trust NObody".

Oh well,
We have no other option than to ...wait.

The Jury will decide the fate of the accused.
If there is a trial, that is.

JMO
 
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Following the deaths of three Ballarat women allegedly killed by men in the space of two months the state government has directed emergency funds to the region for anti-gendered violence measures.

Minister for the Prevention of Family Violence Vicki Ward has directed $250,000 to the Ballarat City Council for a new awareness campaign and to engage with local businesses, community groups and male leaders on how to address the attitudes some men hold.

 
IMHO there is a big difference between police potentially having enough information to purportedly “know” confidently that they have the allegedly correct man - and between being able to prove to a satisfactory standard under the requirements of the law, that this same person was beyond reasonable doubt the sole party allegedly responsible for the dreadful state of affairs, and that his alleged actions were premeditated and intentional, without any extenuating circumstances.

Balancing fairness to accused parties, with justice for those harmed by acts of violence, directly and indirectly, is a delicate operation, and one which sadly does not always deliver on its aspirations.

Let’s hope a fair and just (enough) outcome prevails in this case whatever the circumstances are revealed to be.

Of course, sadly, nothing will bring Samantha back. :(

Let’s hope that some kinds of positive outcomes, lessons, or policy/legal changes, may come in the aftermath of the successive tragedies at Ballarat.

JMO
 
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IMHO there is a big difference between police potentially having enough information to purportedly “know” confidently that they have the allegedly correct man - and between being able to prove to a satisfactory standard under the requirements of the law, that this same person was beyond reasonable doubt the sole party allegedly responsible for the dreadful state of affairs, and that his alleged actions were premeditated and intentional, without any extenuating circumstances.

Balancing fairness to accused parties, with justice for those harmed by acts of violence, directly and indirectly, is a delicate operation, and one which sadly does not always deliver on its aspirations.

Let’s hope a fair and just (enough) outcome prevails in this case whatever the circumstances are revealed to be.

Of course, sadly, nothing will bring Samantha back. :(

Let’s hope that some kinds of positive outcomes, lessons, or policy/legal changes, may come in the aftermath of the successive tragedies at Ballarat.

JMO
I've just finished watching the 5 part series called "OJ Simpson - Made in America". I wholeheartedly agree with your first paragraph. Getting it over the line, even with multiple pieces of evidence, doesn't always happen. (Yes, I know that was America and a different judicial system, a different time, with the added issue of race, but an example of what can happen despite the evidence that is presented.)
MOO of course.
 
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IMHO there is a big difference between police potentially having enough information to purportedly “know” confidently that they have the allegedly correct man - and between being able to prove to a satisfactory standard under the requirements of the law

As this is a murder charge, the OPP in Victoria will be prosecuting the accused in court.
Police prosecutors don't prosecute the most serious crimes, the OPP (Crown) prosecutors do that for them.

If the OPP didn't believe there is enough evidence to convict the accused, they wouldn't be prosecuting.


OPP solicitors prepare each case and seek instructions from Crown Prosecutors and the DPP about:
  • whether a case can go ahead
  • what the charges should be
  • other important decisions such as whether to accept a plea of guilty or whether to appeal a sentence.

imo
 

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