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Former Gold Coast politician accused of murder to stand trial

By Cloe Read
Updated

A former Gold Coast politician accused of murdering his stepfather by putting him in a chokehold had searches on his phone the day before the death relating to escaping domestic violence, a court has heard.

Ryan Bayldon-Lumsden, 32, was committed to stand trial on Tuesday over the alleged murder of Robert Lumsden, 58, at the family’s Arundel home in 2023. The court heard Bayldon-Lumsden told police he put his 115 kilogram father in a chokehold from behind, but needed to use both arms because of the size difference between the two men.

At the time of his arrest, Bayldon-Lumsden had been the councillor for Division 7 on the Gold Coast, representing the city’s inner-northern suburbs.

Ryan Bayldon-Lumsden (right) outside Southport Courthouse.

Ryan Bayldon-Lumsden (right) outside Southport Courthouse.Credit: Brisbane Times / Cloe Read

The former politician had been on bail since he was released in 2023.

His barrister previously told the court Bayldon-Lumsden had been subject to an ongoing abusive and controlling relationship with his stepfather, and that an argument between the two had escalated.

The prosecution on Tuesday told the court Bayldon-Lumsden allegedly murdered his stepfather by choking him after an argument. Police prosecutor sergeant Nicole Jackson tendered 70 witness statements in the case.

Former Gold Coast councillor Ryan Bayldon-Lumsden.

Former Gold Coast councillor Ryan Bayldon-Lumsden.Credit: Nine News

Bayldon-Lumsden, wearing a suit, sat quietly beside his legal team during the hearing.

The court heard from a police digital forensic analyst, who accessed Bayldon-Lumsden’s phone and found searches relating to escaping domestic violence and coercive control on August 22, 2023, the day before his stepfather’s death, the court heard.

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There were also visits to online forums where other people had posted asking for advice about how to deal with abusive fathers. A webpage for helplines on White Ribbon, a domestic violence support service, was also visited, the court heard.

On his stepfather’s phone, which was also accessed by police, Bayldon-Lumsden’s contact detail was listed as a homophobic slur, while his mother, the deceased’s wife, was listed as “grumpy”, the court heard.

Under cross-examination, his defence barrister, Craig Eberhardt KC, asked Dr Julia De Boos, a forensic medical officer, about some of Bayldon-Lumsden’s injuries in the hours after the incident.

“Mr Bayldon-Lumsden says he was pushed once, he then pushed the deceased back. He fell over the cat’s bowl. Then the man was very, very angry, screaming, carrying on,” Eberhardt said.

“He restrained him in a chokehold from behind, ending up with him on top of him – that is, so the deceased was on top of Mr Bayldon-Lumsden on the kitchen floor, which were tiles.”

Eberhardt said there was no suggestion either man had punched each other, and asked whether the very minor injuries his client had were consistent with a struggle on the tile floor with his stepfather.

De Boos said it was possible some injuries, such as abrasions to his neck and a scratch on his forearm, could have occurred in that type of struggle.

But she added: “There’s nothing specific in those injuries that allow me to tell you that it is definitely your story, or definitely not. They’re simply not specific.”

The court also heard that about a year before his death, medical teams at the Gold Coast University Hospital had diagnosed Lumsden with heart issues. At the time, he had a heavy heart, at 495 grams, surpassing the average of 300 grams, and was obese.

During questioning, Dr Rexson Tse, a senior forensic pathologist, said he could not rule out the possibility that Lumsden had arrhythmia shortly before his death, and then died after the chokehold was applied.

“Mr Bayldon-Lumsden says he put his left arm around his stepfather, but because of the grossly disparate sizes of them ... his father was a much bigger man than him,” Eberhardt said.

“He put his left arm around [Lumsden’s] neck, but it wasn’t long enough to get around his neck so he put his right hand around the right side of his head and pulled his arm back,” Eberhardt said.

Eberhardt put to Tse that Lumsden had been yelling and swearing aggressively at his stepson for some time, and that some of his injuries could have been caused by that. Tse agreed.

Magistrate Lisa O’Neill found there was sufficient evidence for the case to proceed to trial in the Supreme Court in Brisbane.

When asked if he had anything to say to the charge, Bayldon-Lumsden answered: “Not guilty.”

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732).

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Original URL: https://www.brisbanetimes.com.au/link/follow-20170101-p5mc9s