Chad Modra to stand trial charged with detaining and assaulting Trevor King a year before his death

A man accused of assaulting a suspected murder victim before his death has been ordered to stand trial – despite what his lawyer said were “stark” differences in statements to police.

A man charged over the unlawful detention and aggravated assault of suspected murder victim Trevor King almost a year before he was found dead has been ordered to stand trial.

Chad Rick Modra, 40, of Morphett Vale, appeared in the Adelaide Magistrates Court on Thursday to argue he had no case to answer after he was accused of “deliberately and systematically inflicting severe pain” on Mr King on February 5, 2019.

Mr King was found deceased almost a year later at West Lakes in January 2020 and his death is being investigated as a suspected murder by Taskforce Southern detectives.

Sean Nottle, for Mr Modra, told the court the case against his client should be thrown out because the two statements Mr King provided to police about the assault were “contradictory”.

He said that in the first statement, taken the day after the alleged assault at North Plympton, Mr King said Mr Modra “did not get involved” in an attack upon him.

Chad Modra. Picture: Facebook.

Trevor King. Picture: Supplied.

The court heard that in a second statement, taken a few days later, on February 11, 2019, Mr King had said his client was involved in an attack.

Mr Nottle said the “stark nature of contrast between the two statements” was “something that would require clarification from the witness” which could not occur because Mr King had since died.

“Without the witness, Mr King, being able to give evidence, a reasonably directed jury will not be able to clarify and reconcile those two statements,” Mr Nottle said.

Lisa Lakatos, prosecuting, said part of Mr King’s second statement outlined how Mr Modra allegedly punched him three to four times in the head, and had told police “he had a really solid punch”.

She said Mr King’s first statement had been taken while he was still in hospital and suffering severe pain.

“It’s completely understandable that someone who was in that level of pain that he would not relay everything that happened to him in the detail required,” she said.

She said it was not uncommon for victim’s to be able to recall in more detail what had occurred after a few days when their pain subsides.

Modra pleaded not guilty to charges of unlawful detention and two counts of aggravated assault.

Magistrate Simon Smart said he was satisfied Mr Modra had a case to answer and ordered he stand trial in the District Court.

Mr Modra returns to court, alongside others allegedly involved in the incident, in November.