Marco Yandle, accused alongside father of murdering Steve Murphy in Kudla shed refused bail in Supreme Court

A judge has denied bail to a teen charged with murder alongside his father over the death of a man in their Kudla shed, saying she’d watched CCTV of the shooting “many times”.

The family of Marco Yandle leaves the Supreme Court on Friday after he was refused bail. Picture: NCA NewsWire / Kelly Barnes

The former private school vice-captain charged over the murder of defenceless man Steven Murphy will remain in custody, having failed to convince the state’s highest court to release him on bail.

Marco Anthony Yandle showed no visible reaction as the Supreme Court on Friday refused his bid to overturn an earlier decision that he remain in custody alongside his father, Keith.

Justice Sandi McDonald said the case and the bail bid centre on infra-red CCTV footage of the moment Mr Murphy was shot three times at close range inside the Yandles’ shed at Kudla.

Because of that, she said she would not be passing judgment on what she believed the video depicted.

Marco Yandle is charged with murder after the body of missing man Steven Murphy was found buried in a bunker behind a Kudla property Picture: Facebook

Keith Yandle, Marco’s father, is also accused of murdering Steven Murphy.

Family and supporters of Marco Yandle leave the Supreme Court after he was refused bail. Picture: NCA NewsWire / Kelly Barnes

“I have watched this footage many times with the defence chronology in front of me and the prosecution chronology in front of me,” she said.

“In all likelihood, this footage will be crucial in determining if Marco and his father are found guilty of the charges.

“I do not propose to express my view about what can be seen (on the video) other than to indicate that, for the purposes of the bail review, what I have seen provides an appropriate and proper basis to lay the charge of murder.

“In my view, this is a very serious allegation of murder and I dismiss the application for bail.”

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.

Prosecutors have alleged Keith fired four shots – the first a warning, the other three fatally and at close range – from an unlicenced firearm to kill Mr Murphy.

They have further alleged Marco, armed with a baseball bat, shone a torch on Mr Murphy during the “cold-blooded execution”, and may have played a role in destroying evidence.

Marco’s counsel argued he should be granted bail, saying CCTV footage of the shooting raised doubt their client had “done anything wrong, let alone commit” murder.

Under state law, courts determining bail applications operate under a different standard of proof than they do at trial.

Steven Murphy has been remembered as a “beautiful dad” who would do anything for his two sons. Picture: Supplied

Police found Steven Murphy’s body in this shed at the rear of the Yandles’ property. Picture: 7 NEWS

At trial, prosecutors must prove their case beyond reasonable doubt and defendants do not have to prove their innocence.

In a bail application, however, courts operate by taking the prosecution case “at its highest”, and consider whether the defendant poses a risk to the community or ongoing investigations.

In bail applications in murder cases, the defendant is automatically disqualified from receiving bail unless they can prove there are “exceptional circumstances” justifying their release.

In her decision on Friday, Justice McDonald said prosecution and defence had given “competing submissions” about how the events of the night captured on video should be interpreted.

She declined to discuss her reasoning in detail, given the potential for a jury trial.

However, she said she did not accept defence counsel claims that “question marks” over the incident amounted to a justification for bail.

Marco Yandle’s mother Kathy – centre – leaves court during an earlier appearance. Picture: The Advertiser/ Morgan Sette

Police and forensic teams search the Yandle’s Kudla property. Picture: NCA NewsWire / Kelly Barnes

“In any matter that proceeds to trial, there will be a question mark over whether prosecutors can prove some or all elements – that’s the very reason there are trials,” she said.

Justice McDonald said that, were the charge not murder, Marco’s youth and lack of prior offending would be a substantial consideration in favour of bail.

“However, even though murder is the most serious offence, it is an offence committed in a variety of circumstances by people from all walks of life,” she said.

“It is not uncommon for a person who may have been of previous good character to be charged with murder.”

Marco’s mother Kathy put her head in her hands and wept after the decision, while several of his friends appeared visibly upset.

Mr Murphy’s former partner Danielle Rogers was comforted by friends during the hearing.

Marco will next face the Adelaide Magistrates court in October alongside his father, who has also been remanded in custody.