Jay Brogden killer: Braddon Charles Peter Butler jailed for eight years

Just two days before Jay Brogden’s birthday, one of his killers was given immediate parole eligibility. His mother delivered a powerful victim impact statement after her son was shot to death and body dumped. His remains have never been found.

Braddon Butler jailed for eight years for manslaughter of Jay Brogden.

A Whitsunday drug kingpin who “avoided detection for 16 years” for the violent death of Jay Brogden has been given immediate parole eligibility on an eight year jail term.

The heartbroken mother of the 21 year old who disappeared 15 years ago delivered an emotional speech to her son’s killer telling him Jay was “taken from this world … in such a brutal, cruel, heartless manner”.

Braddon Charles Peter Butler had been Jay’s drug dealer and the young father was in debt when he was shot to death in April 2007 and dumped in waters off Shute Harbour – his remains have never been found.

The details are quite chilling.

Butler and co-accused Gavin Phillip Parnell hatched a plot to take Jay out to sea where he would be seriously assaulted over the debt – they told him they were going fishing, his favourite hobby.

Jay Brogden was last seen alive in Airlie Beach in April 2007. His body has never been found. Picture: Jay Brogden family

But while on the boat Parnell pulled a gun and Jay was shot in the head – a jury found him guilty of murder in 2022.

Butler had also been charged with murder and his matter was listed for retrial in Mackay Supreme Court, but the 37 year old switched his plea to guilty in 2023 once the charge was downgraded to manslaughter.

Crown prosecutor Nathan Crane on Monday told the court it was agreed Butler pleaded guilty on the basis he and Parnell “had a common unlawful purpose to seriously assault Mr Brogden” but was not aware his co-accused had brought the weapon.

“In the course of the execution of that unlawful purpose Mr Brogden’s death was a probable consequence,” Mr Crane said.

“It just did not extend to (Butler) … contemplating an intended death.”

Mr Crane said “the wickedness of the criminality” was that Butler, with another, planned to lure Jay to an isolated location “so he could scare him straight”.

Gina Merritt, mother of Jay Brogden, leaves Mackay court house during a murder trial into her son's death. A jury found Gavin Philip Parnell guilty of the heinous crime.

Wednesday, March 1 is Jay’s birthday.

In her victim impact statement his mother Gina Merritt said her son “grew up in a loving family and was not street smart”.

“You dragged him into your world, used his passion for fishing and disposed of him at your will like it was a notch on your belt and threw him away like rubbish,” she said.

“You killed him without remorse, took away his future.”

Ms Merritt said “for 15 years we have searched, had our own lives threatened and been in various stages of grief, disbelief and pain”.

“We have listened to rumours, stories of murder, how he was murdered, torture and deceit that will stick with us forever.

“No family should have to endure this pain, it’s a struggle that’s never left us.

“I sometimes wonder if I could forgive what you have done and what you have put Jay and the rest of us through, but how to you make sense of taking a life, let alone forgive such an act.”

Braddon Butler pleaded guilty to manslaughter over the death of 21-year-old Jay Brogden who went missing in 2007.

Butler has spent 1439 days in custody since his arrest in March 2019, just shy of four years – now 37, he was 21 years old when he was involved in Mr Brogden’s death.

Barrister Scott Lynch said an “important and distinguishing feature” in the case was it was accepted his client “was not aware of the presence of the gun on the boat nor foresaw that a gun would be used”.

“It’s recognised that younger offenders haven’t fully developed … and allowances made for that at the time offending occurs,” Mr Lynch said, adding there was “significant utility in the plea” of guilty.

But Mr Crane said Butler had committed a number of disturbing offences since Mr Brogden’s death including stabbing a man multiples times in the neck, demonstrating “since he was 21 that he can resort to quite pronounced violence”.

Mr Lynch pushed for seven years, arguing his client may have to serve the entirety of the sentence under the no body, no parole laws.

Convicted murderer Gavin Parnell outside Maryborough Court House.

“Yours was serious offending,” Justice David North told Butler.

“You had reached an agreement with Parnell to seriously assault (Jay) Brogden, it was a crime of violence and it was planned.

“He was lured into the boat that was taken quite some distance away from land with the promise of a fishing day, an activity that he could not resist.

“Your subsequent conduct in lying about your knowledge of (Jay) Brogden’s death suggests that you demonstrated little remorse for your actions.”

The court head Butler twice lied to police and during a coronial inquest about what happened to Jay.

In the context of the agreed particulars Justice North jailed Butler for eight years with immediate parole eligibility.

A conviction was recorded.