Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #12

[Trooper]

The part on the court notice that says HEARING TYPE and underneath, it says, , APPLICATION. this bit is interesting, applications are made by the defence for some sort of complaint (!)... or something the defendant wants that requires a judge to issue it.. like phone privilege, some permission that has to be granted, etc..

 

[SouthAussie]

The part on the court notice that says HEARING TYPE and underneath, it says, , APPLICATION. this bit is interesting, applications are made by the defence for some sort of complaint (!)... or something the defendant wants that requires a judge to issue it.. like phone privilege, some permission that has to be granted, etc..

Yes, that part is what we are wondering about. Is it a defence application or a police application?

It seems that the police make applications for intervention orders (from what I can find), and of course the defence can make applications.
But you would think that small things would be taken care of during the mention.

imo

 

[Trooper]

Yes, that part is what we are wondering about. Is it a defence application or a police application?

It seems that the police make applications for intervention orders (from what I can find), and of course the defence can make applications.
But you would think that small things would be taken care of during the mention.

imo

Hard to tell if this is not something to do with the traffic stuff ..... I was surprised to see the date for this shindig was the 14th, because the second mention for the murder was, if I recall correctly, the 15th Nov..

The other surprising thing was, it says NO where it asks if it is to be done online, that is, he appears in person, at Ballarat, with all the accompanying security and travel up he Great Western Freeway, etc.. and then back to remand, etc... soo......

 

[Marg944]

Found the reference to the “application”…..

“A media application for the charges was also adjourned until Mr Stephenson's next appearance. Magistrate Stratmann said there was not enough time to discuss the matter during Thursday's hearing.

Mr Stephenson will remain in custody until the matter returns to court on November 14.”

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

 

[SouthAussie]

Found the reference to the “application”…..

“A media application for the charges was also adjourned until Mr Stephenson's next appearance. Magistrate Stratmann said there was not enough time to discuss the matter during Thursday's hearing.

Mr Stephenson will remain in custody until the matter returns to court on November 14.”

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

Ahh ... good find. Sounds like that is it. If the media are successful we may actually get a little more information!

 

[Kemug]

Hard to tell if this is not something to do with the traffic stuff ..... I was surprised to see the date for this shindig was the 14th, because the second mention for the murder was, if I recall correctly, the 15th Nov.

RSBM
It's pretty annoying of him, isn't it, to have all this traffic stuff as well, it's very confusing.

 

[Trooper]

Ahh ... good find. Sounds like that is it. If the media are successful we may actually get a little more information!

That little reference about lack of time, there was, back in the first mention, something about 'issues' Stephenson was having in remand, and that was to be addressed at this upcoming appearance..

Still.. I do think that it will be changed about it being online, that he won't appear in person.. It just seems contrary to all that has gone before...

 

[HoneyBunOne]

View attachment 540732

EFAS

Found the reference to the “application”…..

“A media application for the charges was also adjourned until Mr Stephenson's next appearance. Magistrate Stratmann said there was not enough time to discuss the matter during Thursday's hearing.

Mr Stephenson will remain in custody until the matter returns to court on November 14.”

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

I really need to brush up on my legal speak.

So, it seems the case is NOT to be heard online, meaning he will appear in person, but there's also mention of an Audio Visual Link. I guess this may be available for any interested and approved parties (PS parent's come to mind)?

Is the media application asking to find out more details about the charge? What else can the media legally ask for? Or could the application be to ask to fast track the trial because the accused is not doing well in remand?

 

[SouthAussie]

Is the media application asking to find out more details about the charge? What else can the media legally ask for? Or could the application be to ask to fast track the trial because the accused is not doing well in remand?

I think the media wants to see the charge sheet. We had a discussion somewhere back in the thread about what is contained on a charge sheet. IIRC it shows more detail about the offence(s).

imo

 

[Trooper]

I think the media wants to see the charge sheet. We had a discussion somewhere back in the thread about what is contained on a charge sheet. IIRC it shows more detail about the offence(s).

imo

I am not sure if this means the charge sheet for the Murphy matter, or the charge sheet for the other matter which has been under restricted reportage. If I had spare money, I 'd put it on it being on matters previous to Mrs Murphy's murder.

Either way, it is not a lay down misere that the judge would grant it, ..... if the DPP is convinced it would interfere with any trial, then it would be a big firm no. The defence would be automatically against it.

 

[MadMcGoo]

As a reminder:

If you’re not familiar with sub judice, please read over the following link. Among several other things, a defendant’s previous history of any offense is off limits and should not be discussed on the public thread.

10. Sub judice contempt: restricting the publication of prejudicial information - Victorian Law Reform Commission

Overview • The law protects a person’s right to a fair hearing by preventing people from publishing information that may improperly influence a jury or witness. This is known as sub judice contempt. • It is increasingly difficult to protect jurors from information in an online age. There should...

www.lawreform.vic.gov.au

Thanks!
Mad

 

[BreakingNews]

View attachment 540732

EFAS

The Application could simply be for longer time for either side to prepare.

 

[Warshawski]

As a reminder:

If you’re not familiar with sub judice, please read over the following link. Among several other things, a defendant’s previous history of any offense is off limits and should not be discussed on the public thread.

10. Sub judice contempt: restricting the publication of prejudicial information - Victorian Law Reform Commission

Overview • The law protects a person’s right to a fair hearing by preventing people from publishing information that may improperly influence a jury or witness. This is known as sub judice contempt. • It is increasingly difficult to protect jurors from information in an online age. There should...

www.lawreform.vic.gov.au

Thanks!
Mad

Absolutely understand that.

Am I missing something? It’s my understanding that we are discussing current charges so I’m confused by your intervention.

 

[MadMcGoo]

Absolutely understand that.

Am I missing something? It’s my understanding that we are discussing current charges so I’m confused by your intervention.

If the charges pertain to anything unrelated to Samantha’s murder/disappearance, they’re off limits. The charge(s) may be current, but the offense(s) occurred prior to this incident.

Hope that helps!
Mad

 

[Im_Toast]

Remembering there were references to wearing an armed forces uniform. Any chance he spent time at the Air Force Cadets in Ballarat?
They’re at 1806-1812 Sturt St, Alfredton VIC 3350 near the golf course

 

[Rocket333]

Absolutely understand that.

Am I missing something? It’s my understanding that we are discussing current charges so I’m confused by your intervention.

From my understanding there’s three offenses in the mix. One concerns Samantha Murphy (can discuss) and the other two are vehicle related (off limits and can’t discuss). The mentioned special advocate thingo (IMO) possibly relates to one of the vehicle offences, and we can’t discuss it.

 

[Rocket333]

Just 2 weeks today until we find out how things are progressing.

 

[Knitty]

MOD NOTE

Please keep the conversation about THIS CASE.

Generalized discussion about violent crimes and safety issues as a whole may be worth a discussion, but they veer the discussion AWAY from Samantha, and make it more about your experiences, stories and perspectives. If your post does not even mention this horrible crime or Samantha, then you are probably off topic. Although sometimes valuable, it starts a long line of replies so that at some point members and the visitors who come here may be confused about who the thread is actually about. You CAN have those chats in DMs, and as many as 20 members may participate in a conversation. These conversations are unmoderated and private - only those in the DM group will see the messages.

We cannot right all the wrongs of our society on this forum, and so we ask that you put the attention on Samantha, and bringing justice in her name.

THANK YOU for helping us keep this thread about Samantha.

Knitty,
Moderator

 

[australianwebsleuth]

Is he going to plead. I think he would plead not guilty if he knew he did not do it. No plea makes him look guilty imho. The exception would be a plea of “temporary insanity”.

 

[Rocket333]

Is he going to plead. I think he would plead not guilty if he knew he did not do it. No plea makes him look guilty imho. The exception would be a plea of “temporary insanity”.

I’m imagining (correct me if I’m wrong) that tomorrow will be about working out procedural matters, and hopefully setting a date for a committal hearing to assess the evidence. Wouldn’t a plea come at or after a committal hearing? No plea does make him look guilty. He’s probably waiting to see what they’ve got before he decides how to play his hand.