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

[iamshadow21]

DBM

 

[fcavanaugh]

Wrong thread, I think.

Thank you!
Deleted.

 

[Marg944]

Nice little twist going on here, Marg.. A Basha hearing is about wanting to cross examine a witness ( by the defence ) on the grounds of unfairness etc, before it goes to trial.

''''A Basha inquiry arises from the case of R v Basha (1989) 39 A Crim R 337, and as set out by Hamill J in the case of Qaumi (below), a Basha inquiry arises in situations where there is potential unfairness to an accused such as:

• Unserved statement/s of a witness;
• Ambiguity within the prosecution brief; and
• No committal hearing

The procedure is that a potential witness is called for cross-examination on a particular issue in the absence of the jury before potentially being called to give evidence before the jury. '''


Be very interesting to find out who this particular witness is, that Mr Stephenson and his barristers have taken such firm umbrage at!

If we go back, VICPOL put up 9 witnesses, I have to go back to check. but I think thats about right, .... among those are the techie chaps , who , in my opinion, hold some ace cards in this deck, hope it is not them!! wellllll we wait and see...

Thanks for sharing this Troops.

You are spot on - back in April of this year there were 8 proposed witnesses……

Crash expert and DNA expert to be called in Samantha Murphy murder trial​

“Prosecutor Raymond Gibson KC said during a court date for Stephenson in February this year, that police members and a DNA expert were among their list of eight proposed witnesses.

He said road crash reconstruction expert Robert Hay, a digital data expert, and phone data specialist Matthew Sorrell would be among them.”

Major update in search for Samantha Murphy

The 51-year-old mum was last seen leaving her home for a run in February last year.

7news.com.au

 

[Trooper]

Thanks for sharing this Troops.

You are spot on - back in April of this year there were 8 proposed witnesses……

Crash expert and DNA expert to be called in Samantha Murphy murder trial​

“Prosecutor Raymond Gibson KC said during a court date for Stephenson in February this year, that police members and a DNA expert were among their list of eight proposed witnesses.

He said road crash reconstruction expert Robert Hay, a digital data expert, and phone data specialist Matthew Sorrell would be among them.”

Major update in search for Samantha Murphy

The 51-year-old mum was last seen leaving her home for a run in February last year.

7news.com.au

Thanks Marg, I ran out of time to check it , 8 witnesses.. ( we do not know how many , if any, Stephenson has put up) ... let's just assume that it is NOT the tech blokes.. on the grounds that they would automatically be checked for any ambiguity... . by the DPP. ...Certainly, it is someone the defence has , at this stage, after all this time, found a crack in the window!

 

[SouthAussie]

Nice little twist going on here, Marg.. A Basha hearing is about wanting to cross examine a witness ( by the defence ) on the grounds of unfairness etc, before it goes to trial.

''''A Basha inquiry arises from the case of R v Basha (1989) 39 A Crim R 337, and as set out by Hamill J in the case of Qaumi (below), a Basha inquiry arises in situations where there is potential unfairness to an accused such as:

• Unserved statement/s of a witness;
• Ambiguity within the prosecution brief; and
• No committal hearing

The procedure is that a potential witness is called for cross-examination on a particular issue in the absence of the jury before potentially being called to give evidence before the jury. '''


Be very interesting to find out who this particular witness is, that Mr Stephenson and his barristers have taken such firm umbrage at!

If we go back, VICPOL put up 9 witnesses, I have to go back to check. but I think thats about right, .... among those are the techie chaps , who , in my opinion, hold some ace cards in this deck, hope it is not them!! wellllll we wait and see...

We are just finding out now that at the Sec198 hearing (Basha hearing) prior to Erin Patterson's trial, her husband Simon was grilled for two days on the stand by her defence lawyer. Some of Simon's testimony was not allowed in the trial, as a result of the Sec198 hearing.

The media were not allowed to release any details of the Sec198 hearing until after Erin Patterson's trial and the suppression orders had been lifted.

So it could be a long time, I think, till we know who was the witness(es) at the Sec198 hearing for PS' trial.
There is so much we don't know about in this case!

imo

Simon Patterson dismissed his wife’s barrister as her ‘mouthpiece’ in a court pre-trial hearing

 

[Marg944]

Ballarat News from February, 2025 pre-warned us of today:-

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www.facebook.com

 

[Trooper]

How will we know if the defence is successful?.. one way, should the number of witnesses for the prosecution be less than what it is now.

'Following the recent release of the identification of another witness ..''' ( I don't think that witness was named, just that there was another one, please correct me if I have this wrong ) , I think we are going to have to do it by numbers. .

( Stephenson was tardy in putting up his witnesses, I recall there was an extra hearing and a bit of chastising from the judge about it, and finally Stephenson buckled under and presented a witness list but I don't know who or how many were on it )

I had to correct my own post, I had it wrong but now it is nailed down )

 

[Marg944]

The expert whose name was left off previous reports is digital data expert, Jo Parkin. Also this article adds that a DNA expert will also be a witness, but haven’t given their name.

Road expert and digital forensic specialists to be called in Samantha Murphy trial​

February 26, 2025

“Key expert witnesses in road, digital forensics, DNA and phone data are expected to give evidence at the upcoming trial of the man accused of murdering Samantha Murphy.

“A brief hearing on Wednesday before Judicial Registrar Tim Freeman heard about the experts and their specialities for the first time.

They include road reconstructionist Robert Hay, digital data expert Jo Parkin and phone data specialist Matthew Sorell.”

Road expert and digital forensic specialists to be called in Samantha Murphy trial

Prosecutors have begun outlining the key experts they will rely on in the case of Patrick Orren Stephenson, who has pleaded not guilty to murdering the Ballarat mum.

www.theage.com.au

 

[Trooper]

The expert whose name was left off previous reports is digital data expert, Jo Parkin. Also this article adds that a DNA expert will also be a witness, but haven’t given their name.

Road expert and digital forensic specialists to be called in Samantha Murphy trial​

February 26, 2025

“Key expert witnesses in road, digital forensics, DNA and phone data are expected to give evidence at the upcoming trial of the man accused of murdering Samantha Murphy.

“A brief hearing on Wednesday before Judicial Registrar Tim Freeman heard about the experts and their specialities for the first time.

They include road reconstructionist Robert Hay, digital data expert Jo Parkin and phone data specialist Matthew Sorell.”

Road expert and digital forensic specialists to be called in Samantha Murphy trial

Prosecutors have begun outlining the key experts they will rely on in the case of Patrick Orren Stephenson, who has pleaded not guilty to murdering the Ballarat mum.

www.theage.com.au

Usually, one of the main reasons why a tech witness is put in this position, is because the defence has not been able to match the expertise to a satisfactory level. That is, the expert is one of a kind, and no comparable testimony to debunk it is available. OR, that the expert in question has questionable qualifications, that do not meet court specifications, ( rare rare rare with the Victorian DPP) OR ( fill in blank!!).....

It is reasonable to assume that all of the prosecution witnesses are tech people. UNLESS some friend of Stephenson has decided to testify for the prosecution. ( Lachlan Young's pal did ,and was in no two minds about it at all ) ....

The DNA witness ( nameless at present ) ... interesting, indeed

You do terrific work re the court stuff, Marg, invaluable.

 

[Trooper]

One more thing. the defence asked for a few extensions from the court, ( mainly because of the quantity of evidence ) which the court granted, one of the offshoots of that decision was, the Prosecution was entitled to continue their investigation of the case and produce more witnesses as time went on, which they did, eg, Ms Parkin.,..

 

[Trooper]

It could be the DNA geek... !! Way back there was turmoil and trouble re Bradley Murdoch and the lone tiny spot of Joanne Lees blood on an old T-shirt of his, no other explanation other than Joanne's story could account for it. ( Way before Basha stuff ) (((Murdoch was fund guilty, life sentence)))

Using Locard's principle, 'every contact leaves a trace'.. we don't know what traces he left of himself on Mrs Murphy, ( no body available) but perhaps Mrs Murphy left a trace of herself on him and his belongings... enter the DNA boffins...

The Prosecution has not named this DNA witness, the defence would know who it is, due to disclosure but they are not allowed to publish the name either, if the prosecution nixes it.

 

[Warshawski]

The expert whose name was left off previous reports is digital data expert, Jo Parkin. Also this article adds that a DNA expert will also be a witness, but haven’t given their name.

Road expert and digital forensic specialists to be called in Samantha Murphy trial​

February 26, 2025

“Key expert witnesses in road, digital forensics, DNA and phone data are expected to give evidence at the upcoming trial of the man accused of murdering Samantha Murphy.

“A brief hearing on Wednesday before Judicial Registrar Tim Freeman heard about the experts and their specialities for the first time.

They include road reconstructionist Robert Hay, digital data expert Jo Parkin and phone data specialist Matthew Sorell.”

Road expert and digital forensic specialists to be called in Samantha Murphy trial

Prosecutors have begun outlining the key experts they will rely on in the case of Patrick Orren Stephenson, who has pleaded not guilty to murdering the Ballarat mum.

www.theage.com.au

Thanks for providing this Marg. . so much time has gone by that a refresher is very much needed / appreciated

The big thing that struck me was the inclusion of an expert witness in DNA, as I obviously missed this previously, and in itself speaks volumes - for me it suggests that Samantha’s DNA must have been detected ‘in linkage’ to PS (either car, clothing, tools etc )

JMO

 

[Warshawski]

It could be the DNA geek... !! Way back there was turmoil and trouble re Bradley Murdoch and the lone tiny spot of Joanne Lees blood on an old T-shirt of his, no other explanation other than Joanne's story could account for it. ( Way before Basha stuff ) (((Murdoch was fund guilty, life sentence)))

Using Locard's principle, 'every contact leaves a trace'.. we don't know what traces he left of himself on Mrs Murphy, ( no body available) but perhaps Mrs Murphy left a trace of herself on him and his belongings... enter the DNA boffins...

The Prosecution has not named this DNA witness, the defence would know who it is, due to disclosure but they are not allowed to publish the name either, if the prosecution nixes it.

Sorry Trooper, I just posted a similar thought at the same time.

( Luv your input btw )

 

[Dotta]

IMO

If the perp allegedly transported the victim in his car,
there must have been, even the tiniest, DNA of the victim there.
A single hair, a drop of blood, touch sweat DNA, fibre of clothing... anything ....
tucked there somewhere.

Not everything can be cleaned,
even if perp can be sure the vehicle was cleaned thoroughly.

Sarah E.'s drops of blood were found in Wayne C's car - and he was a cop.

JMO

 

[HoneyBunOne]

My opinion is that Samantha was transported in a car, most likely one with PS behind the wheel of. If that is the case, he'd have to be very, very lucky to have not left even the tiniest of DNA evidence behind.
MOO of course.

 

[PunishThenForgive]

IMO

If the perp allegedly transported the victim in his car,
there must have been, even the tiniest, DNA of the victim there.
A single hair, a drop of blood, touch sweat DNA, fibre of clothing... anything ....
tucked there somewhere.

Not everything can be cleaned,
even if perp can be sure the vehicle was cleaned thoroughly.

Sarah E.'s drops of blood were found in Wayne C's car - and he was a cop.

JMO

Never say never, @Dotta. The same thing was said about the murderer of Kaylee, Maddie, Xana and Ethan in Idaho. Of course, the killer didn’t transport anyone in his car, but many a Websleuther was convinced that blood or hair from the bloody scene would be found there. The fact that it wasn’t fueled doubt in a few here and added to the arsenal of many a conspiracy theorist outside of Websleuths.

IMO

 

[Curiousobserver]

Never say never, @Dotta. The same thing was said about the murderer of Kaylee, Maddie, Xana and Ethan in Idaho. Of course, the killer didn’t transport anyone in his car, but many a Websleuther was convinced that blood or hair from the bloody scene would be found there. The fact that it wasn’t fueled doubt in a few here and added to the arsenal of many a conspiracy theorist outside of Websleuths.

IMO

I think I made a point of this on that thread when speculating on possible defense strategies. At that time BK's connection to the crime was limited to DNA on a clasp from a knife sheath and a similar looking car. If that information could have been suppressed on a technicality of some sort (and it often is) then the case was more circumstantial and the defense could have argued how difficult it would be to leave no trace evidence in BK's car or in his apartment as evidence of his innocence. This turned out not to be the case because he plead guilty and as we have since learned there was much more evidence of his connection to these victims in addition to his DNA.

In this case we know far less about the evidence due to the laws in Australia regarding pre-trial information release. The police could have much more solid evidence, and I suspect they do have DNA, digital, and video evidence. According to early reports police focused in on him very quickly (likely from video), and put him under surveillance for 1-2 weeks before they arrested him. He has had an opportunity to challenge his detention I expect and has been unsuccessful. Police have also made some rather definitive statements about his guilt which seem unusually confident.

 

[Trooper]

This article reports on how the community of Ballarat is dealing with these murders.... for a month there it was Murdertown, the horror of it was inescapable by the ordinary folks who lived there, generation after generation......

‘Broken’ after the deaths of three women, Ballarat embarks on an Australian-first trial to combat gender-based violence

School principal says young people ‘want things to change’ as city attempts to shift attitudes and behaviours that drive violence

www.theguardian.com

''''
Data released by the Australian Bureau of Statistics earlier this month showed there were 175 victims of family homicide and related offences recorded nationally in 2024 – an increase of 14 victims from 2023. Of these, 37 were located in Victoria.


According to the Australian Femicide Watch, 50 Australian women have been killed so far this year.

Fields has been involved in the co-design of the model for the past 12 months. This work is deeply personal, as he has a relative who experienced family violence.

“These are real stories that are happening today and will be happening tomorrow, but we’ve got to believe in a future where we can address this, because for me, there is no other option,” he says.

Men, children and young people, new parents – particularly fathers – and emerging community leaders have been identified as the priority groups. In the initial stages, efforts will focus on workplaces, community sports clubs, schools, and early childhood, pre-natal and neonatal settings.'''''

 

[IminSyd]

Thanks for providing this Marg. . so much time has gone by that a refresher is very much needed / appreciated

The big thing that struck me was the inclusion of an expert witness in DNA, as I obviously missed this previously, and in itself speaks volumes - for me it suggests that Samantha’s DNA must have been detected ‘in linkage’ to PS (either car, clothing, tools etc )

JMO

Agree, Ive long thought that to charge him with murder, they likely have the weapon, with DNA linking him to Samantha.

 

[Doesitmakesense]

When does the trial starts? I thought it was soon, but I haven't seen anything about it