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

[Rocket333]

I think since he's pleaded "not guilty", he must think he is able to offer an alternative to the allegations.

He doesn't necessarily need to do that since he's already considered innocent.

He's seen the evidence against him and must know that the police are relying on some particular point that he can refute and show there is alternate conclusion.

I would expect he has been informed of the different outcomes of pleading "guilty" versus not. The difference would be significant for his sentence so he's got to be feeling confident he can present a jury an alternative that is a good reason to doubt the prosecution's theory.

...or he is just a silly, silly boy.

JMO

Agreed. He’s seen the evidence and is still pleading not guilty, so what’s his goal besides complete exoneration? Is he trying for a lesser charge like manslaughter, or is he banking on ‘no body, no proof of a crime, nothing to see here’, or is he intending, once his options run out, to negotiate for a reduced sentence by handing over the body? Nevertheless, even if he wanted to portray it as manslaughter, the body was moved. It could simply be a display of unwavering opposition and defiance, in spite of the clear evidence and expert counsel.

Murder and Manslaughter (Vic)

There are a number of crimes relating to unlawful killing under Victorian criminal law. These include murder, manslaughter, constructive murder, single punch manslaughter and voluntary manslaughter. Different degrees of blameworthiness attach to different offences involving the death of a victim.

www.gotocourt.com.au

 

[BreakingNews]

Thanks JLZ.

Eligibility to fast track includes:

“In prosecutions involving two or more co-accused, all co-accused have consented to fast track their matter to the Supreme Court at the same time.”

There’s no co-accused here.

https://www.supremecourt.vic.gov.au/sites/default/files/2024-02/Fast-tracking_of_homicide_matters_Nov21_revision.pdf

Interesting article re homicide fast tracking. What could be reasons why this was chosen?

 

[Porky1]

Interesting article re homicide fast tracking. What could be reasons why this was chosen?

A matter may be fast-tracked if:
• The accused is charged with murder and/or manslaughter, as well as attempted
murder, conspiracy to murder and incitement to murder;
• The hand-up brief has been served;
• The accused elects to stand trial, pursuant to s 143 of the Criminal Procedure Act
2009 (Vic) (the CPA); and
• In prosecutions involving two or more co-accused, all co-accused have consented
to fast-track their matters to the Supreme Court at the same time.

JLZ, point 1 not point 4 (no co-accused that we know of)

 

[BreakingNews]

A matter may be fast-tracked if:
• The accused is charged with murder and/or manslaughter, as well as attempted
murder, conspiracy to murder and incitement to murder;
• The hand-up brief has been served;
• The accused elects to stand trial, pursuant to s 143 of the Criminal Procedure Act
2009 (Vic) (the CPA); and
• In prosecutions involving two or more co-accused, all co-accused have consented
to fast-track their matters to the Supreme Court at the same time.

JLZ, point 1 not point 4 (no co-accused that we know of)

Yes. I understand that. But I am wondering what would make the accused elect to fast track instead proceeding through a Committal hearing?

 

[Rocket333]

Interesting article re homicide fast tracking. What could be reasons why this was chosen?

A simple reason is to speed things up and head to trial, and perhaps also to be spared the public airing of the evidence for a little longer. He probably wants it to just be done and to go away.

https://www.supremecourt.vic.gov.au/sites/default/files/2024-02/Fast-tracking_of_homicide_matters_Nov21_revision.pdf?

 

[JLZ]

A matter may be fast-tracked if:
• The accused is charged with murder and/or manslaughter, as well as attempted
murder, conspiracy to murder and incitement to murder;
• The hand-up brief has been served;
• The accused elects to stand trial, pursuant to s 143 of the Criminal Procedure Act
2009 (Vic) (the CPA); and
• In prosecutions involving two or more co-accused, all co-accused have consented
to fast-track their matters to the Supreme Court at the same time.

JLZ, point 1 not point 4 (no co-accused that we know of)

BBM, I haven't said anything about fast-tracking. My link indicated that the Common Law Division of the Supreme Court doesn't treat criminal matters. Completely different topic.

 

[Scooby-Doo]

Yes. I understand that. But I am wondering what would make the accused elect to fast track instead proceeding through a Committal hearing?

It's faster, so if they believe they have a successful defence, he is out of custody and free earlier
A committal hearing might require them to reveal their defence strategy, which then gives the prosecution time and means to find rebuttal witnesses etc.
If the prosecution doesn't know what the defence is, then they need to be confident their case is water-tight.
A committal hearing also gives the prosecution an opportunity to rehearse and test their case somewhat, by revealing details of the prosecution case, it might flush out additional witnesses or evidence currently unknown to the prosecution.
But By going straight to trial, the defence avoids this
It's a bit like a chess game

 

[Ron Jeremy]

A simple reason is to speed things up and head to trial, and perhaps also to be spared the public airing of the evidence for a little longer. He probably wants it to just be done and to go away.

https://www.supremecourt.vic.gov.au/sites/default/files/2024-02/Fast-tracking_of_homicide_matters_Nov21_revision.pdf?

After watching the Dr Mathew Sorrell video, it’s made me more curious to see how they’ve pieced it all together!

 

[Rocket333]

After watching the Dr Mathew Sorrell video, it’s made me more curious to see how they’ve pieced it all together!

It will be fascinating Ron. Dr Sorrell’s certainly an interesting character to listen to.

The bit that sticks with me the most is that Patton alleges that Samantha Murphy died on 4th Feb in a deliberate attack at Mt Clear.

How do they know that, and what do they have that is good enough to charge Stephenson with murder? Phone data, watch data (health info), and witnesses? Is that enough? Wonder what they found in the ute & house searches post arrest.

How cops closed in on missing mum's alleged killer two weeks ago

No trace of the mother-of-three has been found and a 22-year-old man from the nearby suburb of Scotsburn was on Thursday charged with her alleged murder.

www.dailymail.co.uk

 

[HoneyBunOne]

The jury for a Ballarat trial isn't necessarily from the town. I live within the 60km radius and was summonsed for jury duty a few years ago. It came at the absolute worst time for personal/work reasons. I deferred it twice and ran out of free passes.Last call up was cancelled.So back in the pool again at some point.

I'm a similar distance, and until recently was part of the Ballarat electorate before boundaries were changed. I've been called up, along with my 2 kids, but for a variety of reasons, none of us ever set foot in the court.

 

[Ron Jeremy]

It will be fascinating Ron. Dr Sorrell’s certainly an interesting character to listen to.

The bit that sticks with me the most is that Patton alleges that Samantha Murphy died on 4th Feb in a deliberate attack at Mt Clear.

How do they know that, and what do they have that is good enough to charge Stephenson with murder? Phone data, watch data (health info), and witnesses? Is that enough? Wonder what they found in the ute & house searches post arrest.

How cops closed in on missing mum's alleged killer two weeks ago

No trace of the mother-of-three has been found and a 22-year-old man from the nearby suburb of Scotsburn was on Thursday charged with her alleged murder.

www.dailymail.co.uk

They keep alluding to input from the public rocket…Cant imagine it’s solely based on meta data..the police have done a great job in keeping it all under wraps.

 

[FromGermany1]

It will be fascinating Ron. Dr Sorrell’s certainly an interesting character to listen to.

The bit that sticks with me the most is that Patton alleges that Samantha Murphy died on 4th Feb in a deliberate attack at Mt Clear.

How do they know that, and what do they have that is good enough to charge Stephenson with murder? Phone data, watch data (health info), and witnesses? Is that enough? Wonder what they found in the ute & house searches post arrest.

How cops closed in on missing mum's alleged killer two weeks ago

No trace of the mother-of-three has been found and a 22-year-old man from the nearby suburb of Scotsburn was on Thursday charged with her alleged murder.

www.dailymail.co.uk

For me it seems normal, that a drunken (?), possibly drugged (?) attacker wouldn't think of the (wonderful useful) victim's fitness watch at first. Though, something must have led LE to PS especially. I am curious as just you all to learn of it one day.
ETA: Did they list all their Hooligans/traffic Hooligans for a certain district and got on his trail?

 

[Porky1]

BBM, I haven't said anything about fast-tracking. My link indicated that the Common Law Division of the Supreme Court doesn't treat criminal matters. Completely different topic.

Apologies, it was Rocket

 

[cherrybier]

Get there early, obey the ushers, don't cough or whisper, you will have to provide ID ( drivers licence ) take hanky's and mints, and joyfully participate in your civic privilege...!!! I'm surprised it is in Melbourne, that's worth checking up on.

How long is this hearing likely to go for? I don't want to get locked in there for hours!

I thought I read it was Melbourne but I'll check Tuesday when the schedule comes out.

 

[BreakingNews]

BBM, I haven't said anything about fast-tracking. My link indicated that the Common Law Division of the Supreme Court doesn't treat criminal matters. Completely different topic.

That is what I thought, also. So I was assuming the case would not be in Ballarat.

 

[JLZ]

That is what I thought, also. So I was assuming the case would not be in Ballarat.

No, the criminal division does sit at Ballarat, but it seems the dates aren't published.

Review the locations below to find out when the Common Law Division and Court of Appeal will be sitting on circuit this year. These dates are subject to change.
Parties in Criminal Division cases at regional courts are advised directly of the dates of any listings.
Court sitting dates , BBM

 

[Rocket333]

For me it seems normal, that a drunken (?), possibly drugged (?) attacker wouldn't think of the (wonderful useful) victim's fitness watch at first. Though, something must have led LE to PS especially. I am curious as just you all to learn of it one day.

The state of the accused that morning isn’t known, just rumoured. If out all night, he may have even slept throughout that day and emerged again later in the afternoon.

I wouldn’t be surprised if the police found the watch early on at Mt Clear. It featured on the table on a Mt Clear map in the UI show, is visible in the driveway shot of Samantha, and hasn’t been spoken about much. The watch holds the main health data doesn’t it? Maybe Dr Sorrell has also been working with the watch data from early on too.

 

[Kemug]

Are any of you likely to attend? Please!

 

[emirates1957]

Are any of you likely to attend? Please!

I intend on going Kemug.

 

[Kemug]

I intend on going Kemug.

Thank you, thank you!