Australia Australia - Kylie Blackwood, 42, Pakenham, Vic, 1 Aug 2013

DNA Solves
DNA Solves
DNA Solves

New Posts

Great to see you back with us MsAnais/Isis Goddess.
 
Makara said:
Great to see you back with us MsAnais/Isis Goddess.
Click to expand...

Thank you lovely Makara! :seeya: Great to be back.

(I don't want to hog the thread with the whole 'I'm back' thing.....so to everyone I know from the past - wonderful to be sleuthing with you all again :loveyou:)
 
MsAnais said:
Hello! Long time no been on this thread!!

(For those who don't know, it's me, Isisrising - I changed my name due to bad terrorist connotations :facepalm:)

I see Murdoch's committal hearing begins on May 1st.

Murdoch has been ordered to start a five-day contested committal hearing on 1 May next year.

http://pakenham.starcommunity.com.au/gazette/2016-08-30/blackwood-murder-committal-hearing-in-2017/
Click to expand...

I had never heard of a committal hearing called a contested committal hearing before. It sounds as though the defence are allowed to question the prosecution witnesses in this type of committal, as opposed to the prosecution's evidence simply being presented to the judge.


What is a contested committal hearing?
At this hearing your lawyer will ask the witnesses questions.
This lets you know more about the prosecution’s case and the strength of the witnesses’ evidence. The magistrate will consider your case and decide if there is enough evidence for your case to go for a hearing before a jury.
https://www.legalaid.vic.gov.au/fin...-for-criminal-charge/serious-criminal-charges
Click to expand...

Contested Committal
- Test the prosecution case, to see if there is sufficient evidence to go to trial.
- Witnesses cross-examined. Question police informant about investigative steps.
- Test of sufficient evidence a very low threshold.
- Almost all accused are committed to stand trial.

At a committal hearing it is the prosecution who are presenting their evidence. It is very unusual for the defendant or any of their witnesses to get in the witness box or give evidence at this stage.
http://www.criminal-lawyers.com.au/courts/tour/contested-committal-hearing
Click to expand...
 
SouthAussie said:
I had never heard of a committal hearing called a contested committal hearing before. It sounds as though the defence are allowed to question the prosecution witnesses in this type of committal, as opposed to the prosecution's evidence simply being presented to the judge.




Click to expand...

Ah, good pick up SouthAussie.

That makes me wonder about the strength of the case against Murdoch. :thinking:
 
MsAnais said:
Ah, good pick up SouthAussie.

That makes me wonder about the strength of the case against Murdoch. :thinking:
Click to expand...

I wonder about these witnesses. Jailbirds? Confidential informants? People who are afraid of Murdoch? People who have moved away?
Was it this case that was looking as far as Queensland when they were investigating? I think it may have been.


Two additional witnesses will provide evidence from remote facilities on the fourth day of the hearing, the court heard.
http://pakenham.starcommunity.com.au/gazette/2016-08-30/blackwood-murder-committal-hearing-in-2017/
 
LONG-suffering family and friends of slain mum Kylie Blackwood will be forced to wait until December for her alleged killer to front a preliminary hearing.
The expensive setback was revealed as the case was due to start this morning, with some of the Pakenham woman’s loved ones in Melbourne Magistrates’ Court for the hearing.
Morwell man Scott Alan Murdoch has been charged with murder over the savage slaying of the 42-year-old.
The court heard Mr Murdoch was to blame for the delay, having already sacked two of his lawyers since his arrest in April last year.
The delay in today’s preliminary hearing came as Mr Murdoch’s defence called for redacted information from DNA evidence held by the prosecution to be revealed.
The court heard while relevant DNA existed from between 10-15 people, including that of Mr Murdoch, police had gathered DNA samples from 52 people.
Crown prosecutor Kerri Judd, QC, said Mr Murdoch’s lawyers had been warned to act on their concerns in August last year and repeatedly since.
“I’m extremely cross about it. I need to calm down about that crossness,” she said.
Ms Judd said it was completely inappropriate for the issue to be raised at what was to be the beginning of a five-day contested hearing.
The court heard a pathologist who flew in from New Zealand would now be sent home and not called at the committal.
Mr Murdoch’s barrister Jason Gullaci said he took responsibility for the stuff-up, but none-the-less would issue a subpoena to obtain the hidden information.
The delay will likely see any future murder trial to be pushed back until mid-to-late next year.
 
Sorry for the multiple posts!! :blushing:

I just really care about this case and it's been so long since we've had any activity.
 
A 39-year-old man accused of murdering a Melbourne mother, possibly in a burglary gone wrong, won't face trial this year due to procedural delays.
Pakenham woman Kylie Blackwood's 11-year-old twin daughters found her bleeding to death when they returned from school in August 2013.
Scott Alan Murdoch was charged with the 42-year-old mother's death after in April last year.

Murdoch faced Melbourne Magistrates' Court on Monday for a committal hearing, which was adjourned following an application by his defence team.
Prosecutor Kerri Judd QC said she was "very unhappy" about the defence's request to adjourn the case, saying she had received no subpoenas for documents and witnesses had been flown in especially for this week's hearing.
Defence lawyer Jason Gullaci said an adjournment was essential as there was a "live dispute" as to the identity of the offender.
He said they needed to gain access to materials before witness cross-examination.
The hearing was adjourned, and Murdoch will reappear in court on December 4 for the four-day hearing that will determine whether a trial goes ahead.

Read more at http://www.9news.com.au/national/20...-murder-trial-pushed-back#l77twcXRwfDyog4m.99
 
Missjones83 said:
What do you think they mean about "live issue"?
Click to expand...

I'm not 100% sure. Is that a legal term? I've never heard it before (but I'm no lawyer, obviously!). I just assume 'live' issue and 'live' dispute means current and active.....

I also took it to mean that he is implying there are serious questions about linking Murdoch to the killing when there are 10 - 15 other DNA profiles in the house......thus his reference to the 20-30 suspects in 2013.

I do wonder why 500 pages are redacted? Are things seeming odd in this case? I hope they've got the right guy.

What do you make of it, Missjones? :seeya:
 
Any legal folks on this thread? I'm wondering if there is a limit to the amount of times someone can fire their counsel.....

Murdoch seems very good at disrupting the legal process. First he refused to get on the bus to court, now he's repeatedly firing his lawyers.....

:thinking:
 
I think by live issue they're reinforcing that he's strongly pleading not guilty. 500 is a lot of pages to have redacted, I think I read in another article that the redacted pages were to do with the DNA evidence. So perhaps one of the suspects that has since been cleared didn't want their name in the brief of evidence?? Poor solicitor - 8000 pages of evidence, that is a lot to work through!
 
Murder-accused asked ex-partner to 'say I had the kids' as alibi on day of killing: court documents
ABC News
BY KAREN PERCY
UPDATED YESTERDAY [4 December 2017] AT 5:20PM

‘A Melbourne man accused of murdering Kylie Blackwood in August 2013 asked his ex-partner to provide an alibi for his movements, court documents show.

A committal hearing against Scott Alan Murdoch, 40, of Morwell has begun in Melbourne Magistrates Court.’

‘The father of two is alleged to have approached another ex-partner to assist with an alibi.

Court documents show the ex-partner "asked the accused if he murdered" Ms Blackwood.

"To which the accused replied 'no but I need you to be an alibi for that day. I've been questioned for that'."

When asked why he would need an alibi, the court summary alleges he replied "because I was doing armed burgs and I want you to say I had the kids that day and I met you at 4:00pm to give the kids back".’

Read more at:

http://mobile.abc.net.au/news/2017-...sks-ex-for-alibi-court-documents-show/9223608
 
You must log in or register to reply here.

DNASolves

Who is DeKalb County John Doe (2022)?

Members online

... and 73 more.
Total: 2,198 (members: 74, guests: 2,124)

Online statistics

Members online
74
Guests online
2,124
Total visitors
2,198
Totals may include hidden visitors.

Forum statistics

Threads
601,853
Messages
18,130,743
Members
231,162
Latest member
Kaffro
Back
Top