Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat 100km NW of Melbourne, 4 Feb 2024 #7

[Nikynoo]

It will be revealed to him and his attorney when the brief of evidence is ready, in 20 weeks time (well, 18½ weeks time now).

But, like you, I would imagine the police have been pushing really hard for him to give up where Sam is, so they may have revealed some of their evidence to him and (presumably) his attorney.

imo

Police prosecutor Steve Repac said police were seeking 20 weeks to compile a brief of evidence in the case.
There was no application for bail, and the man will reappear in court on August 8 for a committal hearing.

Name of man charged with murder of Samantha Murphy suppressed

The 22-year-old faced court in Ballarat.

www.thecourier.com.au

I’m not a criminal lawyer, but I always thought that a line of questioning or any charging document would have an outline of the evidence against the accused? Eg we think you committed murder because of a b c etc?

 

[nightrider17]

Hmmm...
If the evidence (possible cctv, DNA) is so damning (murder charge),
why to ask for 20 weeks?

Maybe there is a gap - of unaccounted for time in their timeline of the accused PS- that may reveal itself in the next 20 weeks especially with no actual physical body. MOO

 

[Hestia's Fire]

Why, though ?
If he premeditated this or spur of the moment:

• To look like a tough guy.
• Gang initiation.
• Injustice collector who finally flipped out in a rage.

Also wondering if there are any other victims who have yet to come forward ?
If the perp robbed or assaulted someone before -- is this death a first for him ?
So many questions.
Omo.

Thrill killing, perhaps? He may just be one of those sadistic people who attacks and kills for the sick fun of it? We always look for a motive like financial gain or revenge for some kind of slight, but there are those horrifying killers who do it just because they find some kind of twisted pleasure in it. He could be one of those. IMO, MOO, etc., etc.

 

[SouthAussie]

I’m not a criminal lawyer, but I always thought that a line of questioning or any charging document would have an outline of the evidence against the accused? Eg we think you committed murder because of a b c etc?

I don't even know if we have charging documents, I have never seen one in an Aussie case.
I don't think they even need a warrant to lay a murder charge.

A court indictment lays out the charges for the court. (I guess that is the charging document?) But I don't think evidence is included in the indictment.

At the committal hearing (August) the court will hear some evidence. Enough to either commit him to trial, or not. Before that, his attorney will have the full brief of evidence.

imo

 

[JLZ]

Maybe there is a gap - of unaccounted for time in their timeline of the accused PS- that may reveal itself in the next 20 weeks especially with no actual physical body. MOO

I was thinking--maybe there's two CCTV points and if he passes one he has to pass another--and Sam's presumed to have died in between. And he passed one shortly before 8am, but he doesn't pass the other for several hours.

 

[Voluspa]

I wonder if, after their night out, a ‘few of the boys’ jumped on their bikes (2 and 4 wheelers) and headed to the forest. Country footy boys mucking around, being fools, still buzzing from their big night, maybe even cracking a few more beers… SM comes along and presents another opportunity for the lads to prove their power and masculinity… I can also see this playing out as either one person acting alone (the accused) or as a group.

However the fact the police allege no one else was involved, so the group theory is possibly unlikely.

This theory makes me think of Anita Cobby

 

[JLZ]

I’m not a criminal lawyer, but I always thought that a line of questioning or any charging document would have an outline of the evidence against the accused? Eg we think you committed murder because of a b c etc?

There's a charge sheet. It doesn't outline evidence.

What is a Charge Sheet? | Central Highlands Conveyancing

www.centralhighlandsconveyancing.com.au

 

[nightrider17]

Why I am thinking about the situation with Sissy. IMO

If PS had been caught in connection with that crime - he didn't go to level of SA with her. Maybe that was his intention??. Maybe a risk he was not willing to take at that time?? JMO

Obviously she was injured very badly in the face and not taken very seriously at the time. IMO

But maybe he was learning what to do for next time. IMO

He noted the reaction of the Police and the public and waited. Not wanting to do another similar crime too close together with this one for there to be a connection. JMO

But maybe the fact that this crime was not really elevated to a level that pinpointed to anyone PS thought it was possible to get away with it again. JMO

 

[Nikynoo]

I don't even know if we have charging documents, I have never seen one in an Aussie case.
I don't think they even need a warrant to lay a murder charge.

A court indictment lays out the charges for the court. (I guess that is the charging document?) But I don't think evidence is included in the indictment.

At the committal hearing (August) the court will hear some evidence. Enough to either commit him to trial, or not. Before that, his attorney will have the full brief of evidence.

imo

But surely you cannot take someone’s liberty away without some kind of evidence and putting that evidence to the accused and to the court ?

 

[SouthAussie]

But surely you cannot take someone’s liberty away without some kind of evidence and putting that evidence to the accused and to the court ?

That happens at the committal hearing. Until then, his liberty is removed. imo
His lawyer will have the brief of evidence prior to that hearing.


This is the first step. You will be given an indictment, which is a document setting out the details of the offences the police have charged you with. (as @JLZ showed, no evidence on the indictment)

Serious criminal charges | Victoria Legal Aid

What to do if you have been charged with a serious criminal offence, called indictable offences.

www.legalaid.vic.gov.au

 

[Macha]

You are saying he attended mass regularly/ knew her? Do you attend that church and know that?
I’m shocked if this is true

I am catholic and have lived all over the world. Bringing up children in the Catholic faith requires regular attendance particularly when catholic primary schools require attendance for first holy communion for example. PS is the same age as Samantha's daughter Jess. Same primary school, same church. They knew each other by sight IMO. I would bet money on it.

 

[SouthAussie]

I am catholic and have lived all over the world. Bringing up children in the Catholic faith requires regular attendance particularly when catholic primary schools require attendance for first holy communion for example. PS is the same age as Samantha's daughter Jess. Same primary school, same church. They knew each other by sight IMO. I would bet money on it.

A person does not have to be Catholic to go to a Catholic school in Australia. My nephews are evidence of that.

And the accused didn't seem to be planning on attending church (if he is Catholic) on the Sunday morning in which he allegedly deliberately murdered Sam. And maybe Sam didn't either ... and maybe is not Catholic either.

imo

 

[nightrider17]

I am also leaning like others have said - no car involved initially due to what the police have said.JMO

https://www.news.com.au/national/victoria/crime/details-on-how-police-narrowed-in-on-man-accused-of-killing-samantha-murphy/news-story/e44d22f9525476770c1affc314ee61c2

“He’s been located through a range of investigative outcomes that have come together and as you are aware we have been pinging phones and following up on investigation reports from members of the public,” Mr Patton said.

“We have done ground searches, we have done door knocks so it’s a whole range of information that has come together.”

Mr Stephenson was charged with murder on Thursday. Police will allege Ms Murphy died on the day she disappeared in Mount Clear, and that the attack was “deliberate”.

Police have also revealed that Ms Murphy’s death was not a hit and run.




On foot
Or motorbike

Involved a car later. IMO

 

[Whatson]

Well, the trial isn't till August. I guess this can only go two ways.

We hear nothing till August and it goes to trial.

Or...

In the meantime, the accused has a change of heart and makes a plea deal.

 

[Macha]

It will be revealed to him and his attorney when the brief of evidence is ready, in 20 weeks time (well, 18½ weeks time now).

But, like you, I would imagine the police have been pushing really hard for him to give up where Sam is, so they may have revealed some of their evidence to him and (presumably) his attorney.

imo

Police prosecutor Steve Repac said police were seeking 20 weeks to compile a brief of evidence in the case.
There was no application for bail, and the man will reappear in court on August 8 for a committal hearing.

Name of man charged with murder of Samantha Murphy suppressed

The 22-year-old faced court in Ballarat.

www.thecourier.com.au

No application for bail is very interesting.

 

[SouthAussie]

No application for bail is very interesting.

They have to apply for bail in the Supreme Court in a murder case, if they are going to apply for bail.

His first appearance was in a magistrates court.

imo

 

[Nikynoo]

That happens at the committal hearing. Until then, his liberty is removed. imo
His lawyer will have the brief of evidence prior to that hearing.


This is the first step. You will be given an indictment, which is a document setting out the details of the offences the police have charged you with. (as @JLZ showed, no evidence on the indictment)

Serious criminal charges | Victoria Legal Aid

What to do if you have been charged with a serious criminal offence, called indictable offences.

www.legalaid.vic.gov.au

Thanks for this. It seems a long process? How long will it take to get to trial?

 

[bearbear]

But surely you cannot take someone’s liberty away without some kind of evidence and putting that evidence to the accused and to the court ?

this would be the lawyers job, to ask for any evidence etc....

Charging​

If the police decide to formally charge you with an offence, they will prepare a formal charge at the police station and read it out to you. You do not have to say anything at this time, but anything you do may be recorded and used as evidence in court. It's best to not comment.

Once you have been charged, you have the right to apply for bail.

Arrest and questioning

legalanswers.sl.nsw.gov.au

 

[SouthAussie]

Thanks for this. It seems a long process? How long will it take to get to trial?

Probably 1½ years or so. imo

Court cases move very slowly here.

 

[Macha]

A person does not have to be Catholic to go to a Catholic school in Australia. My nephews are evidence of that.

And the accused didn't seem to be planning on attending church (if he is Catholic) on the Sunday morning in which he allegedly deliberately murdered Sam. And maybe Sam didn't either ... and maybe is not Catholic either.

imo

I didn't say he went to church that Sunday or any day.