Marco Anthony Yandle asks Supreme Court for bail over Steven Murphy murder at Kudla property, claims CCTV footage exonerates him
A judge has watched CCTV footage that prosecutors say prove a former school captain took part in a “cold-blooded murder” – but his lawyer claims it shows he’s innocent.
Police & Courts
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Video footage of Steven Murphy’s death places “a real question mark” over whether a former private school captain “has done anything wrong, let alone commit” murder, a court has heard.
On Monday, counsel for Marco Anthony Yandle asked the Supreme Court to grant their client home detention bail – and offered up to $10,000 in cash sureties to secure his release.
Their plea came after Justice Sandi McDonald viewed footage from an infra-red CCTV camera that captured the alleged murder.
Mark Norman KC, for Marco, said the footage depicted not a “cold-blooded execution” but a shooting arising from “lawful and sensible” actions.
He said Marco’s father, Keith, raised his gun only when Mr Murphy moved toward him, and it was “the deceased’s actions that caused the father to do what he did”.
“It’s a vulgar submission, but there’s a real question mark here as to whether Marco has done anything wrong at all, let alone commit a criminal offence,” he said.
“He’s facing a charge of murder based on what his father did, reactively and in the dark of the night, while they investigated an intruder in their shed.
“On the footage, this young man does not hold the lethal weapon, he does not pull the trigger, he does not threaten anyone.
“The real risk here is that this young man – who helped his father find out what an intruder was doing on their property – will be waiting months, if not years, for a trial when he’s done nothing wrong.”
Marco, 19, and Keith, 46, have yet to plead to one count each of murder.
They were arrested just days after Mr Murphy’s body was found in a 15m by 15m bunker beneath a shed on their Kudla property, and Marco was refused bail.
On Monday, prosecutor Lucy Boord KC urged the court to reject Mr Norman’s version of events.
“The ‘sensible’ response to an intruder would have been to call the police immediately – but that’s not what they chose to do,” she said.
“What Marco does, as Mr Murphy falls to the ground, is move closer toward him and shine his torch to illuminate him as his father shoots him a further two times.
“He appears unconcerned when his father shoots Mr Murphy … there is nothing suggesting he was frightened or under duress – rather, he is a willing participant.”
She said police were still investigating who wiped sections of the CCTV’s hard drive and hid it in the roof of the house, and who deleted messages from both men’s phones.
“There is still further CCTV footage to be viewed, including whether Marco was involved in the disposal of Mr Murphy’s body,” she said.
Justice McDonald remanded Marco in custody until Friday, when she will hand down her decision.
Neither Marco’s mother, Kathy Yandle, nor Mr Murphy’s former partner, Danielle Rogers, commented outside court.
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