Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #11

[SouthAussie]

No bail options with a murder charge?

Had VICOL come in with a lesser charge, bail could’ve been an option for PS?

Really remote chance (if any) for bail for a murder charge. Simon Gittany got bail in NSW when he murdered Lisa Harnum (to "assist his defence"), but then it was revoked. IIRC

Maybe if VicPol had brought a lesser charge against PS, he would have got bail. I think it all depends what tier (of charges) the charge falls into.

imo

Just to add ... Raelene Polymiadis also got bail (home detention) after being charged with the murder of her parents, here in SA.
She tried a little bit of jail, then her lawyer successfully argued that the jail couldn't manage Raelene's diabetes properly. So the judge (sadly) gave her home detention - which she abuses. But the prosecution have been unable to sway the judge to revoke her bail.

(There is a thread here on WS that explains it all)

 

[australianwebsleuth]

Going all the way back to that press conference from March 7th, I'm thinking that PS confessed to the killing, even the when and the how, despite refusing to say where he had left SM. I may be way off beam but the officer was SO definite in his statement of when and where, so definite in his denial that a hit and run was being considered and so firm in his repetition that it was a deliberate act of murder that only eye witness or CCTV would have given them such clarity otherwise. And had it been eye witness or CCTV that led them to PS in the first place, surely they wouldn't have waited so long to pick him up while watching him under suspicion?

JMO and cogitations, as always. Welcome to tell me just how wrong I am.

As he has pleaded not guilty it is unlikely he has confessed. Maybe they wanted the body recovered and that was the reason for surveillance lasting two weeks apparently. It sounds like the murder was captured on CCTV of some sort rather than being a direct witness. We will eventually find out. Just be pleased that he is safely behind bars and be patient.

 

[Scooby-Doo]

As he has pleaded not guilty it is unlikely he has confessed. Maybe they wanted the body recovered and that was the reason for surveillance lasting two weeks apparently. It sounds like the murder was captured on CCTV of some sort rather than being a direct witness. We will eventually find out. Just be pleased that he is safely behind bars and be patient.

He has not been required to enter a plea, the details of the alleged murder haven't been aired in court as yet

 

[Tweet57]

Just to add ... Raelene Polymiadis also got bail (home detention) after being charged with the murder of her parents, here in SA.
She tried a little bit of jail, then her lawyer successfully argued that the jail couldn't manage Raelene's diabetes properly. So the judge (sadly) gave her home detention - which she abuses. But the prosecution have been unable to sway the judge to revoke her bail.

(There is a thread here on WS that explains it all)

Raelene P really grinds my gears!!! She acts so entitled and I hope she gets her comeuppance very soon. Thousands live with diabetes every day so she will just HAVE to learn to medicate herself behind bars.

 

[emirates1957]

Why were the lawyers hurrying like in a race?

Couldn't t they just stop and answer the media in a civilized manner?

Informing the public.

It didn't look good to see them almost running IMO.

How strange!

JMO

ha….they were probably racing to pick up their pay checks.

 

[thinker47]

As he has pleaded not guilty it is unlikely he has confessed. Maybe they wanted the body recovered and that was the reason for surveillance lasting two weeks apparently. It sounds like the murder was captured on CCTV of some sort rather than being a direct witness. We will eventually find out. Just be pleased that he is safely behind bars and be patient.

Thanks for clarifying - I had no idea he had pleaded not guilty. Really thought I had most of it covered!

 

[emirates1957]

Court hearings for man accused of murdering Samantha Murphy delayed due to 'huge' evidence brief

An "unprecedented" amount of evidence is causing delays in court for the matter of Patrick Orren Stephenson, accused of murdering Ballarat woman Samantha Murphy.

www.abc.net.au

ABC is pretty firm about who tuned in and whatnot...

Ms Murphy had left her Ballarat East home for a morning run on February 4 and was reported missing after she failed to return home.



Her body has never been found despite several police and community searches.



Family of Mr Stephenson as well as loved ones of Ms Murphy tuned in online to listen to the hearing.

(Mr Stephenson appeared by ZOOM, not in person, not a lot of point in anyone of his family actually turning up to watch what could be watched from a provided link at home., The court in Ballarat certainly would not appreciate the extra difficulty in security, either, which is one of the reasons why ZOOM is used) .

So given the lack of family engagement …. Who would be paying for this Trooper?

 

[Trooper]

Thanks for clarifying - I had no idea he had pleaded not guilty. Really thought I had most of it covered!

He has not made any plea, neither guilty, nor not guilty. He does not have to make a plea at all. No one can make him speak. He can remain silent until the moon turns blue., At some point, the judge will ask him how he pleads and if he still refuses to respond, the court system takes over. Not making a plea does not mean everyone packs up and goes home, the judge calls it for him ( always 'not guilty ' ) and the panorama of a full Supreme Court trial takes place, and he loses any discount on his parole date as a consequence.

SO just to clarify.. Mr Stephenson has made no indication or hint of a plea in response to the charges laid, as yet.

 

[Trooper]

So given the lack of family engagement …. Who would be paying for this Trooper?

You and me, Em... that's who! .. but.. this is how it works. Crime costs, and crime is public, it all has to be played out in the public eye, and this does not come cheap. .....

 

[Trooper]

ha….they were probably racing to pick up their pay checks.

It would be a very stupid barrister that stopped to give tongue to the press at this point in the proceedings, they would get a severe bollocking from the head of Chambers and a good talking to by the Clerk , a distracted word to the press can set back a case, and get the judge off side. There is a good reason why they give no quarter to the press upon leaving court, the press, of course , have no scruples , they are there to sell advertisements, and often try and derail court cases for the hell of it.

 

[emirates1957]

You and me, Em... that's who! .. but.. this is how it works. Crime costs, and crime is public, it all has to be played out in the public eye, and this does not come cheap. .....

Thanks Troops … but why the top echelon of the legal fraternity?

 

[SouthAussie]

Thanks Troops … but why the top echelon of the legal fraternity?

IMO ... if they agree to take what Legal Aid will pay them, it is great advertising exposure for the lawyers firm.

 

[Trooper]

Thanks Troops … but why the top echelon of the legal fraternity?

He is entitled to the very best representation that can be procured. As am I , as you are, ...it is a very serious charge, the only charge more serious is treason, which , in AU, you can still be hung for , .. the seriousness of the charge is what attracts the top echelon. Not his personality, or his situation, or his colour, or his creed, but the crime, itself. ..

It serves no purpose to anyone should he be represented by someone unqualified, ( his crime means it's a Supreme Court matter, and that means a Barrister is required, a solicitor cannot represent you at a Supreme Court trial ),... it is how the system works, but it does work for anyone, really....

It's a matter , philosophically, of the Balance of Power. The State, in the shape of police, courts, judges, prisons, etc, has enormous power , and to balance that , the citizen has to have legal representation, when pursued by the State that is experienced and qualified and , one hopes , courageous and wise. Barristers, being Officers of the Court first and foremost, swear to these things upon being called to the Bar.

 

[Dotta]

IMO ... if they agree to take what Legal Aid will pay them, it is great advertising exposure for the lawyers firm.

Re Legal Aid

I'm not sure it can be stated as a fact.
No info has been given except this:

"Samantha Murphy: ​

Accused murderer Patrick Orren Stephenson hires top defence solicitor Paul Galbally"​

in all MSM reports out there

An example:

Samantha Murphy’s accused killer in huge legal move

The man accused of murdering missing Ballarat mother Samantha Murphy has made a surprise move in his legal fight.

thenightly.com.au

And others

Major update on Sam Murphy's accused murderer

The man accused of murdering missing mum Samantha Murphy has hired a top criminal defence lawyer.

www-dailymail-co-uk.cdn.ampproject.org

Samantha Murphy's accused killer hires George Pell lawyer

Patrick Stephenson, 22, has hired one of Australia’s top criminal lawyers to lead his defence against allegations he murdered missing Ballarat mother Samantha Murphy.

www-skynews-com-au.cdn.ampproject.org

Sam Murphy’s accused murderer enlists top lawyer

The young man charged with the murder of missing Ballarat mother Samantha Murphy has enlisted one of the nation’s top legal minds to run his defence.

www-theaustralian-com-au.cdn.ampproject.org

Etc, etc

 

[SouthAussie]

Re Legal Aid

I'm not sure it can be stated as a fact.
No info has been given except this:

"Samantha Murphy: ​

Accused murderer Patrick Orren Stephenson hires top defence solicitor Paul Galbally"​

in all MSM reports out there

An example:

Samantha Murphy’s accused killer in huge legal move

The man accused of murdering missing Ballarat mother Samantha Murphy has made a surprise move in his legal fight.

thenightly.com.au

And others

Major update on Sam Murphy's accused murderer

The man accused of murdering missing mum Samantha Murphy has hired a top criminal defence lawyer.

www-dailymail-co-uk.cdn.ampproject.org

Samantha Murphy's accused killer hires George Pell lawyer

Patrick Stephenson, 22, has hired one of Australia’s top criminal lawyers to lead his defence against allegations he murdered missing Ballarat mother Samantha Murphy.

www-skynews-com-au.cdn.ampproject.org

Sam Murphy’s accused murderer enlists top lawyer

The young man charged with the murder of missing Ballarat mother Samantha Murphy has enlisted one of the nation’s top legal minds to run his defence.

www-theaustralian-com-au.cdn.ampproject.org

Etc, etc

I'm sure we have been through this before.

In my state, they word it like this ...

You can apply for legal aid directly to us, or if you wish to be represented by a particular private lawyer, through that person's office. Where possible, we will grant that request. Link

In other words, you can approach the lawyer of your choice. If they are agreeable, they apply for Legal Aid on your behalf to pay their bills (at the Legal Aid rate).

Yes, we don't yet know if it is a given, but I am not seeing how an apprentice electrician can pay a barrister's bills. He is an adult who is responsible for his own bills. And if he can get Legal Aid, why wouldn't he?

 

[Trooper]

I'm sure we have been through this before.

In my state, they word it like this ...

You can apply for legal aid directly to us, or if you wish to be represented by a particular private lawyer, through that person's office. Where possible, we will grant that request. Link

In other words, you can approach the lawyer of your choice. If they are agreeable, they apply for Legal Aid on your behalf to pay their bills (at the Legal Aid rate).

We have, indeed, been thru this before, and not just once... and yes, it can be stated as a fact.

No one knows if Mr Stephenson is paying for the barrister, or has been granted Legal Aid, it is a matter of privacy and nothing to do with anyone else. It is more than likely that he has been granted Legal Aid because he is only 23 and would not have the assets or credit to guarantee payment of the scale that his representation would cost, but this has all been gone thoroughly over, again , with a fine toothed comb. He is an independant adult, his parents assets would not be considered. Only his own. Consequently, it is highly likely that Legal Aid is involved. Not that it matters. He is a taxpayer, in the State of Victoria, and that makes him eligible for Legal Aid .

Just for accuracy. Mr Stephenson did not 'hire' anyone. One's solicitor does the hiring. His local solicitor. Mr Tamanika , of Ballarat organised his representation, by applying, no doubt , for legal aid, and then Legal Aid made the approach to Galbally, and after discussions, Galbally Frere, accepted the assignment. Obviously.

 

[Dotta]

I'm sure we have been through this before.

In my state, they word it like this ...

You can apply for legal aid directly to us, or if you wish to be represented by a particular private lawyer, through that person's office. Where possible, we will grant that request. Link

In other words, you can approach the lawyer of your choice. If they are agreeable, they apply for Legal Aid on your behalf to pay their bills (at the Legal Aid rate).

Yes, we don't yet know if it is a given, but I am not seeing how an apprentice electrician can pay a barrister's bills. He is an adult who is responsible for his own bills. And if he can get Legal Aid, why wouldn't he?

Simply pointing out that
(Quoting OP)
"It is not a given".

JMO

 

[Trooper]

Just to add to this, he also has another Barrister, the lady from Werribee, whom his local solicitor , Mr Tamanika arranged , to represent him on a matter to do with the Western Division Highway Patrol... It is fair to say that Mr Stephenson is availing himself of a nice whack of Legal Aid, but there it is, it's how the system works.

 

[SouthAussie]

Just going to put here that PS returns to court on 14th November for both the murder charge AND the separate traffic offense.

Not sure if we knew the progress of the traffic offense before. He will be appearing by video link for both.

https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/crucial-next-step-for-samantha-murphys-alleged-killer/news-story/414ed7365f49698f656f3b62b551349d?amp

 

[Rocket333]

Just going to put here that PS returns to court on 14th November for both the murder charge AND the separate traffic offense.

Not sure if we knew the progress of the traffic offense before. He will be appearing by video link for both.

https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/crucial-next-step-for-samantha-murphys-alleged-killer/news-story/414ed7365f49698f656f3b62b551349d?amp

Is this traffic offense the bike & tree collision post grand final? if so, why is it adjourned or taking so long?