Derek Gordon Young charged over phone access in Bogie murder probe

The son of a man facing murder charges after three members of a neighbouring family were shot dead at a remote regional property allegedly refused to give police access to his mobile phone during their homicide investigation.

The son of a man accused of shooting three members of a neighbouring family dead at a remote North Queensland cattle property allegedly refused to give police access to his mobile phone during their investigation into the triple homicide.

A Mackay court on Friday heard Derek Gordon Young had been at the home, west of Bowen, on August 4, 2022, when his father Darryl Valroy Young allegedly murdered Mervyn, 71, and Maree, 59, Schwarz and Maree’s son Graham Tighe, 35.

It is alleged the elder Young, 59, shot and killed his neighbours execution-style with a rifle at close range at the front gate of his Shannonvale Rd property at Bogie and attempted to murder Graham’s brother Ross Tighe, who survived the ordeal.

Mackay Magistrates Court heard Derek Young, 36, had been among those initially arrested following the shooting incident and as a result his mobile phone was seized under the Police Powers and Responsibilities Act.

Maree and Merv Schwarz and Graham Tighe (top right) all died after a shooting at a Bogie property west of Bowen. Ross Tighe (bottom right) survived a gunshot wound to the stomach after undergoing emergency surgery.

He was released and is not charged in relation to the deaths.

Prosecutor Leonie Taufa’ao said on August 5, 2022, police determined the phone was relevant to their investigation – Derek Young declined to give police the PIN and further police attempts to gain access were unsuccessful.

The court heard police “reasonably believed … there may be evidence on that phone relating to a separate investigation for the triple murder and the attempted murder”.

Darryl Valroy Young is charged with three counts of murder and one count of attempted murder at the front gate of his Bogie property.

On September 29, 2022, investigating officers became aware Young had made an application for his mobile to be returned and as such obtained a court order for access and to keep possession of the phone until the end of the investigation under the PPRA.

Young is charged with contravening an order to access a mobile phone on October 4, 2022.

Barrister Isaac Munsie, instructed by McKay’s Solicitors, said his client has challenged the validity of the court order allowing police to keep possession of his phone and successfully pushed for access to the full brief of evidence in relation to the murder investigation.

Derek Gordon Young, 36, (back) hides behind his solicitor Marcus Hahn, of McKay's Solicitors, as he leave Mackay Magistrates Court with barrister Isaac Munsie (right).

“When we seek to challenge the lawfulness of the order, I will be seeking to challenge both the reliability and credibility of the arresting officer,” Mr Munsie said.

“The lawfulness of that entire set of conduct by the officer, their retention of this phone, the process she went through when she applied for the order all becomes relevant to whether that order … was lawfully made.”

The court heard this included the disclosure order, crime scene warrant, Qprime report, correspondence between crown witnesses and police, and all records police made including those in relation to the alleged murder.

Mr Young is charged with contravening an order to give police access to his mobile phone as part of an investigation into an alleged triple murder.

Ms Taufa’ao argued the majority of the material in the disclosure application was not relevant to “providing a pin which is the substance of the charge”.

“What bearing (does) correspondence with police and crown witnesses into the investigation of Darryl Young (have),” Ms Taufa’ao said.

Acting Magistrate Stephen Byrne found “in a broad sense all the material is in varying degrees relevant to the matters in dispute”.

“I’m satisfied that the request … by Mr Young is reasonable to enable him to present a fair defence to the charge,” Mr Byrne said.

Mr Munsie also pushed for costs totalling more than $900, to which Mr Byrne reserved his decision until after the hearing. Matters after listed for a date later this year.