Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat 100km NW of Melbourne, 4 Feb 2024 #8

[HoneyBunOne]

This line from the article jumped out at me:



That's the first time I've seen anyone report that she's suspected to have been buried, specifically, as opposed to just left somewhere, put in a mine, covered with brush, or any of a number of other ways there are to hide or dispose of a body. I know it's the Daily Mail so it could just be them taking the usual liberties, but I wonder if they do have any intel that this is something the police believe happened.

Not sure why your bold line below did not appear when I quoted you, but I feel the word "buried" is coming purely from DM. The police did admit they were searching for Samantha's body in that targeted area, but there was no mention of being buried, thrown down a mine shaft, put in water or anything else, just that they were in fact looking for her body. This is from the below article:
“We will have a range of specialist resources involved, however as we are searching for Samantha’s body, we ask that members of the public do not try and join today’s search.

Straight from the police media:

Search for Samantha Murphy continues - Buninyong

Police will conduct a significant search of bushland in the Buninyong area today as part of the ongoing investigation…

www.police.vic.gov.au

• She is presumed dead and buried in the bush"

 

[SouthAussie]

2 weeks does not seem very long at all to be on equal footing with the police, as far as knowledge of evidence goes.

Vic law seems to be a bit fluid in how long (before the mention hearing) the magistrate allows the defence to have the brief of evidence.
I have been looking for the time frame on AUSTLII, and Vic law is dependent on considerations by the magistrate. But for evidence in the brief to be considered, in Vic, it must be delivered at least two weeks prior to the mention hearing. AUSTLII

But in NSW, two weeks is standard.

The Police then have an obligation to serve a copy of the brief of evidence on you no less than 14 days before the hearing date.

Pleading Not Guilty in the Local Court (NSW)

When a person pleads not guilty to summary criminal offences in New South Wales, this occurs in the Local Court. A number of procedural steps must be undergone before a matter can be finalised when the accused is pleading not guilty.

www.gotocourt.com.au

 

[Deleted member 340727]

Unsure.

 

[Dotta]

"No stone unturned’: ​

Desperate search for Samantha Murphy continues.​

There’s incredibly thick scrub throughout that area.
There’s an area that hasn’t been back-burned for probably at least a decade.

There’s quite a lot of untouched scrub throughout that area.

Somebody has either got to know something or by covering as much ground as you possibly can, something’s got to turn up.

We just need to leave no stone unturned and just continue going until we find something so we can give answers to the family."

‘No stone unturned’: Desperate search for mum continues

A bush tracker who has led an extensive search for missing mum Samantha Murphy has given insight into the conditions on the ground.

www.perthnow.com.au

 

[SouthAussie]

Dr Samoht, I understand your points and they are valid ones in ordinary circumstances. But look at this: it has sat with the same agt. and did not shift agt. (until now) and it was 'WITHDRAWN' twice for a reason with the same agt. (o/s any normal or standard aggr. t/f and terms) in a very short period of time (less 1/12). I cannot list dates here. Then I suspect it became house sitting modus. Usually there is a lengthy period of time before a change and not an off and on approach and maybe the s/r was undecided from the start. MOO.

I am not sure what your post is getting at? Is there something nefarious or suspicious about changing real estate agents?

 

[HoneyBunOne]

Unsure.

About what?

 

[Deleted member 340727]

Dec. 2022. If we had a better understanding of the duration of the rel. we would be able to examine the timeframe and placement. The information that has been provided abt. the a/p. is that time was spent both at the home as well as the Scotsburn address with no period of times defined o/s of this. Has the rel. been established longer than 12 months because that other address needs to be examined as part of the duscussion. This is a valid point of issue because if the rel. had started prior to say 11/2022 then this prop. may have been set aside for them and this on/off may be exm. further. MOO

 

[Rocket333]

Vic law seems to be a bit fluid in how long (before the mention hearing) the magistrate allows the defence to have the brief of evidence.
I have been looking for the time frame on AUSTLII, and Vic law is dependent on considerations by the magistrate. But for evidence in the brief to be considered, in Vic, it must be delivered at least two weeks prior to the mention hearing. AUSTLII

But in NSW, two weeks is standard.

The Police then have an obligation to serve a copy of the brief of evidence on you no less than 14 days before the hearing date.

Pleading Not Guilty in the Local Court (NSW)

When a person pleads not guilty to summary criminal offences in New South Wales, this occurs in the Local Court. A number of procedural steps must be undergone before a matter can be finalised when the accused is pleading not guilty.

www.gotocourt.com.au

Hopefully there won’t be much to debate or contest and the defence can spend the fortnight catching up, and being in awe of VICPols prowess.

 

[Dr Samoht]

Some people just overprice the houses not caring if they sell or not. In fact, agents will harass you just to list it at a high price so they have listing's. Particularly in regional areas where not much is for sale... Which might explain the small sign up until now.

The upgrade to a larger sign and new agent gives the impression the seller finally wants to sell.

I think the PRD sign was of similar size to the current McGrath sign.

 

[Trooper]

Hopefully there won’t be much to debate or contest and the defence can spend the fortnight catching up, and being in awe of VICPols prowess.

In all fairness to the legal system , the defence has access to the horse's mouth, so to speak. Which the police only have at certain times, and then only if the suspect wishes to express him/herself. Which Our Bloke seems not to want to. But his Lawyer, and his Barrister can yarn with him anytime, about everything, in private. for weeks. Day in , day out. No restrictions. He could tell them everything, and they could be way ahead of the police for all we know.

But somehow.. I have my doubts.. I think he is playing footsie with his legal rep, as well. Silly, but there it is.

 

[Rocket333]

What would be handy to know, and I am sure the police know, is what obligations did he meet on that Sunday..

What one's did he miss.

Because it is possible that he had arrangements in place for that Sunday, it is reasonable to believe that his interaction with Mrs. Murphy was not done with any foreknowledge of her movements, her murder might have been, most likely was, a big interruption to his day. The disposal of the body being the main problem requiring time, and vehicular assistance, perhaps, tools, , some equipment maybe..

This would narrow the time frame down , under which he acted within. He has to watch the clock, like everyone else.. .

Makes me wonder if SM was “parked” somewhere close by for awhile (even in the back of his ute at home), and then was moved once or twice more in stages throughout the day, and arrived in her final resting place early evening, possibly around the time the phone pinged. I tend to agree that he stayed local that Sunday and not far from the Scotsburn home. His work ute still strikes me as very conspicuous, and makes me also wonder if he used another vehicle. The Scotsburn home appears to be well furnished and I’d bet there’d be a lot of tools in that big shed near the veggie patch out the back.

 

[SouthAussie]

In all fairness to the legal system , the defence has access to the horse's mouth, so to speak. Which the police only have at certain times, and then only if the suspect wishes to express him/herself. Which Our Bloke seems not to want to. But his Lawyer, and his Barrister can yarn with him anytime, about everything, in private. for weeks. Day in , day out. No restrictions. He could tell them everything, and they could be way ahead of the police for all we know.

But somehow.. I have my doubts.. I think he is playing footsie with his legal rep, as well. Silly, but there it is.

I was just reading about ethics in representing a guilty client in Victoria.

It says that most people want to convince their lawyer of their innocence. But the lawyer can see straight through that.

When the lawyer represents their client (if they know their client is guilty) they must not mislead the court. They must create reasonable doubt by alleging that the police have not proved their case ... they must not blame someone else, or say their client wasn't there when they know their client was there.

Ethical Challenges to Representing Guilty Clients: Legal Duties and Moral Dilemmas

Explore the intricate ethical dilemmas faced by lawyers when representing guilty clients in our latest blog.

galballyparker.com.au

 

[Rumination1]

Makes me wonder if SM was “parked” somewhere close by for awhile (even in the back of his ute at home), and then was moved once or twice more in stages throughout the day, and arrived in her final resting place early evening, possibly around the time the phone pinged. I tend to agree that he stayed local that Sunday and not far from the Scotsburn home. His work ute still strikes me as very conspicuous, and makes me also wonder if he used another vehicle. The Scotsburn home appears to be well furnished and I’d bet there’d be a lot of tools in that big shed near the veggie patch out the back.

I have nothing to go except my opinion but as it was a 35 degree day I doubt he would have wanted her body in his Ute For an extended time

I think it happened close to where he disposed of her
If planned , he would have prepared that spot before

If unplanned, wherever he could conceal / throw her in a hurry

Sorry for the heartless language but think that’s how he might have thought

I still struggle to believe he did this then his behaviour gave no clues after - he might have been acting oddly I’m sure eg during dinner table conversations about it

I also strongly feel she recognised him and knew his face

 

[Rocket333]

In all fairness to the legal system , the defence has access to the horse's mouth, so to speak. Which the police only have at certain times, and then only if the suspect wishes to express him/herself. Which Our Bloke seems not to want to. But his Lawyer, and his Barrister can yarn with him anytime, about everything, in private. for weeks. Day in , day out. No restrictions. He could tell them everything, and they could be way ahead of the police for all we know.

But somehow.. I have my doubts.. I think he is playing footsie with his legal rep, as well. Silly, but there it is.

True. He could well be “catatonic” so to speak too. Maybe didn’t ever contemplate or expect to be caught and doesn’t have his usual safety net or comfort zone. Could be sitting there going WTF and trying to process it and not having a clue what to do or who to trust. Wonder if the mates or folks are visiting….

 

[Trooper]

I was just reading about ethics in representing a guilty client in Victoria.

It says that most people want to convince their lawyer of their innocence. But the lawyer can see straight through that.

When the lawyer represents their client (if they know their client is guilty) they must not mislead the court. They must create reasonable doubt by alleging that the police have not proved their case ... they must not blame someone else, or say their client wasn't there when they know their client was there.

Ethical Challenges to Representing Guilty Clients: Legal Duties and Moral Dilemmas

Explore the intricate ethical dilemmas faced by lawyers when representing guilty clients in our latest blog.

galballyparker.com.au

They must not tell their client to keep silent about the whereabouts of a body.

This would make them accomplices after the fact. It isn't a lawyers job to assist a client in a criminal enterprise.

This is why I think he is as silent with his legal reps as he is with the police. Or, /And, it's why he does not appear to have a specific Barrister, as yet, and his solicitor's identity has changed at least once.

 

[Deleted member 340727]

Dirt samples in tires and inside his ute may become very important if that’s the case.

Centre for Australian Forensic Soil Science
Guildlines for Conducting Criminal and Environmental Soil Forensic Investigations

This is much better. Fully accessable PDF.

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.adelaide.edu.au/directory/robert.fitzpatrick%3Fdsn%3Ddirectory.file%3Bfield%3Ddata%3Bid%3D35757%3Bm%3Dview&ved=2ahUKEwikiOi0mYmFAxWIcGwGHS5oBcAQFnoECBwQAQ&usg=AOvVaw33dIag5y7748iFr9a9q1er

 

[Trooper]

True. He could well be catatonic too. Maybe didn’t ever contemplate or expect to be caught and doesn’t have his usual safety net or comfort zone. Could be sitting there going WTF and trying to process it and not having a clue what to do or who to trust. Wonder if the mates or folks are visiting….

If there was the slightest indication that he was catatonic, which is a deeply disturbing physical and mental state to be in, he would be immed. lifted out of the Remand Centre, and placed in the Psych Ward at the Royal Melbourne, with doctors hovering day and night. No one wants this man ill, and untreated....

 

[Deleted member 293720]

I wonder if the accused had met or seen Samantha when he got his car serviced or fixed

If he used their car workshop at any time ?

They do own one of the biggest motor workshop business there

 

[ProfCluezo]

In all fairness to the legal system , the defence has access to the horse's mouth, so to speak. Which the police only have at certain times, and then only if the suspect wishes to express him/herself. Which Our Bloke seems not to want to. But his Lawyer, and his Barrister can yarn with him anytime, about everything, in private. for weeks. Day in , day out…

But somehow.. I have my doubts.. I think he is playing footsie with his legal rep, as well. Silly, but there it is.

Hardly in keeping with “normal”, functional and/or adaptive behaviour, I would argue… as I have already suggested many times….

Ahem…

I rest my case, your Honour.

 

[Dotta]

Dbm