DNA error holds up murder case of Shaun Jason Birt, Markiss Graham John Moffatt Cleary, Aidan Eden Pascoe, and Larkin Dwayne Moffatt
A DNA error and fingerprint delays have held up the cases of four men accused over the shooting murder of Gailes father Christopher Anderson.
Police & Courts
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Four men accused of murdering a Gailes father have been remanded in custody after a forensic testing error.
Shaun Jason Birt, 29, from Silkstone, Markiss Graham John Moffatt Cleary, 20, of Riverview, Aidan Eden Pascoe, 33, of Leichhardt, and Larkin Dwayne Moffatt, 22, of Redbank Plains, were arrested in July, 2021.
It is alleged they shot Gailes father Christopher Anderson in the chest, killing him, outside his home on July 10.
The four man were each charged with murder, along with entering a dwelling with intent/use/threaten violence while armed in company, and robbery with actual violence when armed in company.
Mr Moffatt was also charged with wilful damage, and Mr Moffatt Cleary was further charged with contravening a probation order, two counts of failure to appear in accordance with undertaking, possession of dangerous drugs, and failing to take reasonable care and precautions in respect of a syringe or needle.
Mr Birt is further accused of two counts of contravening a direction or requirement of police, three counts of failure to appear in accordance with undertaking, three counts of possessing dangerous drugs, two counts of possessing utensils or pipes, and stealing.
In Ipswich Magistrates Court on October 5, 2022, the court heard all four men were currently still remanded in custody, and fingerprint analysis from the crime scene had only recently been transferred to the men’s legal representatives.
Crown prosecutor Jessica Beckman said DNA testing had finished, but a new report with updated results would need to be prepared due to a forensic testing error – which could take another six weeks.
Magistrate Dennis Kinsella ordered the arresting officer to appear in court next week to explain the delays in more detail and advise whether forensic testing had concluded.
“I want it on the record as to what’s exactly happening … Given the nature of the charge, [the defence] should have everything the Crown is proposing to rely upon before they are in a position to make a [plea] decision,” he said.
The matter was adjourned to October 12, and the four men were remanded in custody.
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