More delays in Bogie triple murder case
Supporters of three family members who were allegedly gunned down in a rural Queensland neighbour dispute packed the courtroom as the case was hit with further delays.
Police & Courts
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Close relatives of a husband, wife and son allegedly gunned down over a property dispute have listened on as the case against the accused triple killer is hit with further delays.
Lawyers for Darryl Valroy Young, who is charged with three counts of murder, have asked for a please explain for “non compliance” after prosecution failed to disclose the outstanding case material.
Police prosecutor sergeant Emma Myors on Tuesday revealed in Bowen Magistrates Court delays could blow out to six months unless further court-ordered directions are issued.
Mr Young, 59, is charged with the shooting death of Mervin Schwarz, 70, Maree Schwarz, 59, and Maree’s son Graham Tighe, 35, and the attempted murder of Graham’s brother Ross Tighe at Bogie, west of Bowen, on August 4, 2022.
Police allege Mr Young, who appeared in court via videolink, had invited the Schwarz family for a chat about disputes over borderline and unbranded cattle, and then shot them execution-style with a rifle at close range at the front gate of his Shannonvale property.
Ross Tighe suffered a gunshot wound to the stomach – he was able to reach a farm ute and drive about 40km to a neighbouring property to raise the alarm.
Mr Young is also charged with weapons offences including possessing an unregistered category A weapon (a Breda shotgun), a restricted item (a replica weapon) and tainted property (a category A Winchester rifle).
It is alleged the weapons were found on August 5, the day after the shootings, at Mr Young’s West Euri Rd, Bowen, property.
Daniel Barker, of McGinness and Associates for Mr Young, called for his client’s arresting officer to justify why there had been “non compliance” with a court ordered direction that all case file material be provided by April 24.
Sergeant Myors said there had been a change in circumstance and that officer was now on extended leave.
“There has been compliance with the order,” Sergeant Myors said, adding some items had been disclosed.
The court heard the outstanding material included data from a hard drive, sample analysis and a police statement.
Sergeant Myors said there was a large amount of data and police were having “difficulty accessing the data”.
“It has been relayed … the reasons for non compliance,” she said.
“Because of the volume … that is going to take some time.”
Sergeant Myors said the officer linked to the outstanding police statement was “no longer with the QPS” but she had been informed the statement was completed and needed to be peer reviewed.
The court heard the sample analysis was ongoing and the statement would not be completed until all the items had been analysed.
“I’ve been told there’s … a six month wait unless your honour does make an order,” Sergeant Myors said, adding the time frame would be reduced to three months.
Magistrate Michelle Howard ordered an affidavit from police explaining the non compliance in one week.
Multiple supporters for the Schwarz family packed the courtroom for the brief mention. Many of them have attended every mention of the case.
Outside court a spokesman for the group said it was important to “try to give the three (allegedly) slaughtered members … some support while they can’t speak for themselves”.
“I just want to see justice,” he said outside court.
There were also several of Mr Young’s supporters in the gallery on Tuesday.
The court heard the final date for all material to be provided was August 9, matters have been adjourned until June 13.