Marco Anthony Yandle to ask Supreme Court to release him on bail over allegations he murdered Steven Murphy at Kudla

Prosecutors allege this private schoolboy shone a torch on a defenceless man as he was executed – but he says he has been wrongly remanded in custody.

SA Police located the body of Steven Murphy in a 15m by 15m bunker beneath this shed at Kudla. Picture: 7 NEWS

The former school captain accused of murdering “defenceless” man Steven Murphy will ask the state’s highest court to release him on bail, saying he should not be behind bars.

On Monday afternoon, Marco Anthony Yandle will ask the Supreme Court to overturn a magistrate’s ruling that he be remanded in custody until at least October this year.

The one-time Trinity College vice-captain and footballer will be represented in court by top silk and former state prosecutor Mark Norman KC.

Mr Norman will challenge allegations Mr Yandle, 19, committed a “cold-blooded execution” by shining a torch on Mr Murphy while his father, Keith Russell Yandle, shot and killed him.

However, Mr Yandle faces a steep hurdle because, under state law, bail applications for murder are treated differently than for most other crimes.

Marco Anthony Yandle. Picture: Facebook

Steven Murphy. Picture: SA Police

Usually, courts presume an offender is entitled to bail unless prosecutors can successfully argue otherwise – but due to his charge, Mr Yandle is considered a “proscribed applicant”.

His counsel must therefore satisfy the court that there are “special circumstances” surrounding his life, health or wellbeing that warrant his release on such a serious charge.

Marco, 19, and Keith, 46, both of Kudla, have yet to plead to one count each of having murdered Mr Murphy on February 19.

Keith is further charged with drug and firearms offences, as well as with concealing Mr Murphy’s remains – the first time that offence has been charged in SA.

The duo were arrested on April 7, just days after Mr Murphy’s body was found in a 15m by 15m bunker beneath a shed on their Kudla property.

Marco was refused bail after prosecutors told the Adelaide Magistrates Court he posed a risk of destroying evidence and interfering with witnesses.

Mr Murphy was inside the shed, they alleged, when the Yandles entered carrying an unlicensed firearm and a baseball bat.

Marco Yandle in custody. Picture: 7 NEWS Adelaide

Keith Yandle. Picture: 7 NEWS Adelaide

Keith Yandle, they alleged, fired a shot into the shed as soon as the door opened, while Mr Murphy “lay cowering in a corner”.

After forcing Mr Murphy to stand and taking his possessions, they alleged, Marco shone a torch as Keith fired “at least three, probably four shots” in a “cold-blooded execution”.

They further alleged that, in the days following the murder, Marco tried unsuccessfully to wipe CCTV footage of the shooting.

During that hearing, counsel for Marco argued their client was young and had an unblemished criminal record, warranting his release on bail.

They also argued the CCTV footage showed Marco had “no physical presence in the actual offending”, saying “his father – and his father alone – is responsible”.

The bail review application hearing is scheduled for Monday afternoon.