Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #13

[SouthAussie]

Ah, I see. I’m not seeing it just yet. Very curious as to what evidence the police have.

Yes, we are all very curious about the evidence. Pages and pages of research in these threads about CCTV in the area, among other things.

There is CCTV in Mt Clear (on a telecomms tower) where the investigators were photographed by media... the photographs taken possibly at or near the alleged crime scene.

There will also be testimony from an expert (and renown) digital forensic science specialist, Dr Matthew Sorell.

 

[Porky1]

I'm struggling to imagine how VicPol would describe a drunk driving accident as a "deliberate attack", even if it does constitute murder?

Maybe he was seen speeding up? Intentionally running her down?

 

[Porky1]

It seems to me that if they need an "unprecedented" brief of evidence to make their case, it's unlikely they have any sort of smoking gun. The fact that PS has plead not guilty adds to the case.

Neither side would risk missing facts which are critical for their case. Due to the high profile nature of the case, there is more on the line than just solving a case.

They do have access to copious amounts of CCTV, phone records, vehicle telemetrics, witness statements, relationships with friends, family, associates, customers, etc. Perhaps gathered from before, during and after as well as any other accomplices who may/are monitored. It seems the locals were very keen to search, share and assist VicPol.

 

[SouthAussie]

The fact that PS has plead not guilty adds to the intrigue.

I find his plea of not guilty quite "normal" for an accused killer. At least at this stage of the case.

The choices being to plead guilty and for sure be given a long prison term, or go to trial and hope that your barrister can create reasonable doubt.

imo

 

[Scooby-Doo]

I'm struggling to imagine how VicPol would describe a drunk driving accident as a "deliberate attack", even if it does constitute murder?

Deliberate attack or deliberate act?



He said police believed the murder was "a deliberate act" and "not a hit and run".

Police to allege Samantha Murphy was murdered in 'deliberate act'

www.9news.com.au

Missing Ballarat mother Samantha Murphy was killed in a “deliberate” act, police will allege. A young man was arrested on Wednesday morning and later charged ...

Police reveal shock allegations against man charged with murder of Samantha Murphy

The man was charged with the Ballarat mother’s murder on Thursday.

7news.com.au

In what police allege was a “deliberate” act

https://www.thechronicle.com.au/sport/afl/son-of-exafl-player-charged-with-murder-of-missing-ballarat-mum-samantha-murphy/news-story/ada13c3834078339e46421fe77215012

https://www.thechronicle.com.au/sport/afl/son-of-exafl-player-charged-with-murder-of-missing-ballarat-mum-samantha-murphy/news-story/ada13c3834078339e46421fe77215012

 

[SouthAussie]

Deliberate attack or deliberate act?



He said police believed the murder was "a deliberate act" and "not a hit and run".

Police to allege Samantha Murphy was murdered in 'deliberate act'

www.9news.com.au

Missing Ballarat mother Samantha Murphy was killed in a “deliberate” act, police will allege. A young man was arrested on Wednesday morning and later charged ...

Police reveal shock allegations against man charged with murder of Samantha Murphy

The man was charged with the Ballarat mother’s murder on Thursday.

7news.com.au

In what police allege was a “deliberate” act

https://www.thechronicle.com.au/sport/afl/son-of-exafl-player-charged-with-murder-of-missing-ballarat-mum-samantha-murphy/news-story/ada13c3834078339e46421fe77215012

https://www.thechronicle.com.au/sport/afl/son-of-exafl-player-charged-with-murder-of-missing-ballarat-mum-samantha-murphy/news-story/ada13c3834078339e46421fe77215012

Please listen to Victoria police chief commissioner Shane Patton in this media appearance.

Video in the link. At the 1:23 mark (near the end) ....... "He has been charged with murder, so by its definition we're saying this was a deliberate attack on Samantha".

Samantha Murphy: police say alleged murder was a 'deliberate attack' as man charged – video

Police will allege Samantha Murphy was murdered on the day of her disappearance at Mount Clear, Victoria

www.theguardian.com

 

[Porky1]

I think it is relatively easy to set up. My son had this. Very sensible at the time. He'd go to a party, drink too much and camp in 4wd and drive home next day. Or he'd use it when working away from home.

I agree and it would make sense as he had the fully kitted out 4wd but Iam not sure if this one is, based on the size of the bag. Most fitted rooftop tent storage takes up the entire cabin roof space for the base. It probably is a tent but not those auto erected ones that sit on the roof, which comes back to my question re tent assembly when inebriated.

 

[Scooby-Doo]

Please listen to Victoria police chief commissioner Shane Patton in this media appearance.

Video in the link. At the 1;23 mark (near the end) ....... "He has been charged with murder, so by its definition we're saying this was a deliberate attack on Samantha".

Samantha Murphy: police say alleged murder was a 'deliberate attack' as man charged – video

Police will allege Samantha Murphy was murdered on the day of her disappearance at Mount Clear, Victoria

www.theguardian.com

I have watched the interview dozens of times, thanks.

He mentioned a deliberate attack

And he has also said it was a deliberate act.


But possibly evidence and new information, and revaluation of the incident


Victoria Police Commissioner Shane Patton told media this afternoon that detectives questioned the man for more than 30 hours after he was taken into custody yesterday.
He said police believed the murder was "a deliberate act" and "not a hit and run".

Police to allege Samantha Murphy was murdered in 'deliberate act'

www.9news.com.au

 

[HoneyBunOne]

I have watched the interview dozens of times, thanks.

He mentioned a deliberate attack

And he has also said it was a deliberate act.


But possibly evidence and new information, and revaluation of the incident


Victoria Police Commissioner Shane Patton told media this afternoon that detectives questioned the man for more than 30 hours after he was taken into custody yesterday.
He said police believed the murder was "a deliberate act" and "not a hit and run".

Police to allege Samantha Murphy was murdered in 'deliberate act'

www.9news.com.au

Tomatoes, tomaaaaaytoes, potatoes, potaaaartoes.

Attack, in this instance, means "an aggressive and violent act against a person or place"
Attack - act = same, same.

I don't think there is any secret meaning here, it's just the Police Commissioner's choice of words at the time, designed to mean the same thing IMHO. "A deliberate act" and "not a hit and run" does not mean a car was involved. The first is what it was, the second was what it was not. They don't have to be tied together in any way.

I could be wrong, but I thought journalists brought up those type of questions (re a car) and police shut down the accidental hit and run type scenario and leaned into the deliberate act scenario, but shut down any further talk of vehicles.

 

[SouthAussie]

Would it not be classed as a deliberate act if the vehicle was driven under the influence of drink or drugs?

Just want to add, the charge in Victoria for drunk/drugged driving causing death is "culpable driving causing death".


In Victoria, the crime of culpable driving causing death may occur when a person driving a vehicle causes another person’s death because:

• they were driving recklessly or negligently
• were under the influence of alcohol or drugs to the extent that they could not control the vehicle.

Culpable driving

If a loved one dies because of a traffic-related crime, you can get assistance and support.

www.victimsofcrime.vic.gov.au

 

[Rocket333]

Little bit late to this one but seems he has a roof top tent on his car. Perhaps indicating that he likes camping and being in the bush and can just drive in and pop up his roof tent and make a night of it. So he may have spent the night out there and was just getting moving that morning.
https://www.news.com.au/national/vi...s/news-story/845d1eecde887e2b0ad3bdeebbc8d0a1

We have no idea if that ute with the tent in the media image is the same ute that was siezed and searched when Stephenson was arrested.

 

[Annalize]

What if the alleged deliberate attack, causing death occurred totally independent of a vehicle, then an incident involving a vehicle owned by the accused was involved in an incident in the same area at a similar time? For instance, it is possible, IMO, that the victim was deliberately assaulted and murdered, by the accused, then as the deceased was being transported away from the scene, a vehicular incident occurred, causing damage to the vehicle, leaving evidence to be assessed by experts. Most motor incidents which injury or kill pedestrians, leave evidence of the victim, in the geographic area and on the vehicle, from my understanding.
Just a possibility in my opinion.

 

[Sor Juana]

Again, I don't believe we know this for sure, unless I missed it.

It could be a pro-bono case, or maybe even a legal aid luck-of-the-draw situation. (I believe someone mentioned it pages ago - that all lawyers go in the pool to do their share of free legal aid for those that can't afford it) Maybe he's got a rich sugar mummy/daddy out there, or a reclusive billionaire who's paying for it. Who knows?

Last year, news outlets reported that PS hired Paul Galbally as his defence lawyer. There hasn’t been any public indication that PS sought or received legal aid for his defence. The hiring of Paul Galbally, a high-profile and expensive defence lawyer, suggests private funding. Given the simultaneous reports of his family listing a rural property for sale, it might raise speculation about how his legal fees were financed.

 

[Rocket333]

Last year, news outlets reported that PS hired Paul Galbally as his defence lawyer. There hasn’t been any public indication that PS sought or received legal aid for his defence. The hiring of Paul Galbally, a high-profile and expensive defence lawyer, suggests private funding. Given the simultaneous reports of his family listing a rural property for sale, it might raise speculation about how his legal fees were financed.

Previous threads, particularly threads #12 and #13 have discussed all of this including Barristers, legal aid and reps, and thoughts on how Stephenson is funding it all.

Re the rural property listed, I think you are referring to the Scotsburn home Stephenson was residing in at the time of his arrest. This property didn’t belong to his family.

 

[SouthAussie]

Last year, news outlets reported that PS hired Paul Galbally as his defence lawyer. There hasn’t been any public indication that PS sought or received legal aid for his defence. The hiring of Paul Galbally, a high-profile and expensive defence lawyer, suggests private funding. Given the simultaneous reports of his family listing a rural property for sale, it might raise speculation about how his legal fees were financed.

You can also hire a lawyer and have that lawyer apply to Legal Aid for funding of all or part of their fees.
A lawyer doesn't have to be provided by Legal Aid to get their funding.


When you meet with your lawyer, you will need to ask them about applying for legal aid funding for your matter. What this means is that a lawyer will apply to Victoria Legal Aid on your behalf and ask them to fund part or all of your legal fees.

The Basics of Applying for Legal Aid in Victoria

Can I get legal aid to help me pay for legal representation? Information about eligibility and what you need to apply for legal aid in Victoria.

www.criminal-lawyers.com.au

 

[HoneyBunOne]

Last year, news outlets reported that PS hired Paul Galbally as his defence lawyer. There hasn’t been any public indication that PS sought or received legal aid for his defence. The hiring of Paul Galbally, a high-profile and expensive defence lawyer, suggests private funding. Given the simultaneous reports of his family listing a rural property for sale, it might raise speculation about how his legal fees were financed.

To be fair, news outlets (such as Daily Mail) aren't always accurate in the words they choose to use. Perhaps they meant engaged or similar, where money didn't necessarily change hands.

 

[kurtneverdied]

I'm trying to think of the most likely scenario that fits.
He was likely either in My Clear to do something (perhaps drive rally car style) there or he was passing through to get home and avoid being done under the influence.
Samantha has witnessed him being a hoon and crashing and perhaps even heard him coming and started to video it even.
He felt she was going to dob him in and in a rage got violent perhaps.
Another one is he hit her accidentally and hurt her and he chose to take her life rather than suffer the consequences of losing licence and explaining it to parents etc.
He most likely has a similar story he has told his girlfriend and parents, omitting the incriminating things that seems convincing enough. Perhaps he said he had an accident there but didn't see Samantha at all. I'm not so sure the parents would back him with so much money if they didn't believe him but I find it hard they do believe he is innocent unless perhaps someone else was involved and threatened him to do things or he said to parents someone else made him do things and threatened him. Surely police evidence links him in multiple ways. There seems to be a reason he won't tell or doesn't know where her body is and a believe it's likely he would of said by now unless he is protecting others or himself and family from someone.

 

[Bats]

I'm trying to think of the most likely scenario that fits.
He was likely either in My Clear to do something (perhaps drive rally car style) there or he was passing through to get home and avoid being done under the influence.
Samantha has witnessed him being a hoon and crashing and perhaps even heard him coming and started to video it even.
He felt she was going to dob him in and in a rage got violent perhaps.
Another one is he hit her accidentally and hurt her and he chose to take her life rather than suffer the consequences of losing licence and explaining it to parents etc.
He most likely has a similar story he has told his girlfriend and parents, omitting the incriminating things that seems convincing enough. Perhaps he said he had an accident there but didn't see Samantha at all. I'm not so sure the parents would back him with so much money if they didn't believe him but I find it hard they do believe he is innocent unless perhaps someone else was involved and threatened him to do things or he said to parents someone else made him do things and threatened him. Surely police evidence links him in multiple ways. There seems to be a reason he won't tell or doesn't know where her body is and a believe it's likely he would of said by now unless he is protecting others or himself and family from someone.

Its a tricky one isn't it @kurtneverdied . Trying to work out the most likely scenario with so little information!

It's hard to know with some people. Some people would deny anything right to the end. Other people are brought up to be honest, in any situation. They'd just be honest, regardless of the consequences. Some people have a sort of aversion to people who are employed to uphold the law.

One thing I'd be confident about here. He's not covering for anyone else. It's his own selfish game that he's playing.

MOO

 

[Spectrix]

Neither side would risk missing facts which are critical for their case.
They do have access to copious amounts of CCTV, phone records, vehicle telemetrics, witness statements, relationships with friends, family, associates, customers, etc.

Vehicle telemetrics?
If you know that both parties in fact have all of the evidence that you have listed, please provide a source for that information.

 

[callmehenry]

I’m sure someone else has probably already suggested this but perhaps his parents were paying for the top notch lawyer but then he’s confessed to them what he did / what happened and now they’ve withdrawn their funding hence the legal aid lawyer