Joshua Michael Murtagh: Jury retires in attempted murder trial of man who left victim in a wheelchair
A Hobart jury has retired on Friday to consider its verdict in the case of a Gagebrook man charged with attempted murder of another man, leaving him partially paralysed.
UPDATE: A Hobart jury has retired on Friday to consider its verdict in the case of a Gagebrook man charged with attempted murder of another man, leaving him partially paralysed.
Joseph Michael Murtagh pleaded not guilty to one count each of attempted murder and causing grievous bodily harm in the shooting of 33-year-old Jade Devine at a Gagebrook home in April 2022.
The Supreme Court jury was given a final address by Justice Stephen Estcourt before they left the courtroom, including the treatment of the homemade firearm used in the shooting that left Mr Devine in a wheelchair.
Jury members were able to take the firearm into their chambers as part of the evidence.
“You must be satisfied beyond doubt that Mr Murtagh intended to kill Mr Devine when he shot him,” Justice Estcourt said.
“You have been given a lot of evidence and testimony by both the state and the defence, but you must be convinced of Mr Murtagh’s intentions.
“You will have the gun that you have seen during this trial with you as you consider your verdict … you must not experiment with it or try to recreate what happened.”
The 12-person jury must reach a unanimous verdict in this case.
The court previously heard that Mr Murtagh, Mr Devine and two others went to Ella Maxfield’s Gagebrook home for some casual drinks and a “normal” get-together.
During a conversation about mutual connections in the group, Mr Devine gave testimony that Mr Murtagh suddenly grew enraged by someone’s comment, withdrawing a pistol from his clothing and firing at Mr Devine.
A Royal Hobart Hospital doctor told the court that the bullet came within millimetres of major arteries in Mr Devine’s neck and “cauterised the wound” upon entry.
Eyewitnesses inside the home at the time of the shooting then stated Mr Murtagh ran out, with Mr Devine’s account of Mr Murtagh approaching him after he was shot and aiming the gun at his head, disputed by the defence counsel.
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Joseph Michael Murtagh has pleaded not guilty to one count each of attempted murder and causing grievous bodily harm in the shooting at a Gagebrook unit in April 2022, which left 33-year-old Jade Devine in a wheelchair.
Prosecution and defence lawyers provided their closing addresses to Justice Stephen Estcourt on Thursday, with crown prosecutor Mick Allen stating Mr Murtagh discharged the homemade steel firearm “with the intention of killing Mr Devine”.
“What I suggest the collective consideration paints for you is an overwhelming picture of a deliberate, intentional shooting of Jade Devine by the accused with the intention to kill, starting with the accused’s decision to bring a loaded gun into the home that night, going next to his decision to produce it as and when he did and for no apparent reason, to point it directly at Mr Devine as he sat defenceless on the couch a short distance away and fired a single shot at his head,” he said.
Mr Allen referred to testimony Mr Devine that Mr Murtagh walked up to the victim after he shot him and again aimed the gun at his head before running out of the house.
“He was the one person in that room who would remember that moment more than anyone else because he was at the end of that gun barrel,” Mr Allen said.
Yet, defence counsel Rochelle Mainwaring asked the jury to question the credibility of Mr Devine’s evidence and the other three eyewitnesses who were in the unit at the time.
“There were four eyewitnesses in the room – three were tipsy, four admitted to having taken methamphetamine and then at some stage, Mr Murtagh brought out the firearm and it’s gone off,” she said.
“Mr Devine then stated last week that ‘Mr Murtagh came over to me and pointed the gun at me and then ran out’.
“But when he spoke to police in the hospital, he didn’t say the gun had been held against his head.
“His account is also inconsistent with evidence … Ms Maxfield said that the gun was fired and then he ran out the door.
“Brianna Devine also said he ran out the door.”
Ms Mainwaring referred back to the eyewitness testimony provided in the trial, stating there was no evidence Mr Murtagh intentionally pulled the trigger of the gun.
“Given Mr Dutton’s expert testimony on the dangerously light trigger pressure of the gun … Dutton said the gun could have fired by the accidental pressing of the trigger,” she said.
Finally, Ms Mainwaring drew the jury back to the need to prove intention in the charge of attempted murder, stating Mr Murtagh and Mr Devine both did not know each other and neither knew the other person would be at the Gagebrook unit.
“There was no plan for Mr Devine to go to Ms Maxfield’s house that night,” she said.
“Mr Murtagh did not know Mr Devine and could not have known he would be there with Breanna Devine and Keisha Burr on that night.
“To find Mr Murtagh guilty of the charge of attempted murder, you would have to be satisfied that Mr Murtagh wanted Mr Devine dead.”
Justice Estcourt will provide a closing address to the jury on Friday, with the jury expected to retire to consider its verdict.
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Originally published as Joshua Michael Murtagh: Jury retires in attempted murder trial of man who left victim in a wheelchair
