Murder accused Ayden Jedd Bradshaw may apply for judge-only trial
A Queensland father accused of killing his six-month-old son may push for a jury to be excluded from the murder case against him. This comes as the supreme court hears some details about the defence case.
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A Mackay father accused of killing his six-month-old son may push for a jury to be excluded from the murder case against him after his barrister indicated there could be an application for a judge-only trial.
The comes as Mackay Supreme Court hears some details of the defence case.
Ayden Jedd Bradshaw is charged with the murder of Beau Bradshaw, who died on June 4, 2020 after he was found unresponsive at his East Mackay home on June 2.
Mr Bradshaw was arrested that same year and remained in custody on remand until he was granted bail on strict conditions in December 2022.
The murder case against him was mentioned in Mackay Supreme Court on November 20 when his barrister Scott McLennan indicated it should be listed for trial in 2024 and that there may possibly be an application for it to be judge-alone.
“I anticipate receiving instructions for a no jury order as well,” Mr McLennan told the court, as he raised when that application should be made.
The court heard legislation dictated it was preferable for any judge-alone application made before a different judge to the one who would preside over the trial.
Further details about the murder case have also been revealed after Justice David North questioned what the main issues were from Mr McLennan’s point of view.
Mr McLennan indicated there were two main issues – “the causation of death” and how they were inflicted.
“There’s two potential causes, there’s either essentially a head injury or a bowel injury,” Mr McLennan said.
“And then of course it’s how those injuries were inflicted and who did them.”
Mr McLennan said he had also received a draft report from their forensic pathologist, who identified “a number of (tissue) slides taken from an operation” he wanted to examine.
The court heard another report was expected to be returned in December 2023 as Mr McLennan initially requested the trial be listed in February 2024.
But Justice North said he was not going to set trial dates until he knew if there were going to be any pre-trial hearings.
Crown prosecutor Tiffany Lawrence also raised this was the first she had heard of a potential application for a judge-alone trial and that she would need time for the crown’s expert pathologists to look over the report.
“I imagine it would be opposed given the nature of the proceedings,” Mr Lawrence said in relation to a possible judge-only application.
The matter was listed for trial in April 2024 but Justice North said any pre-trial issues or applications needed to be made in the February sittings.