Ashleigh Jayde Gyorosi cleared of murdering Stephen Berka

A woman who was accused of killing a Sunshine Coast man appeared relieved in court when a magistrate dropped the murder charge against her. Read what charge she will face:

A woman has been cleared of killing a Sunshine Coast man after a magistrate declared there was no evidence to support police allegations, a court has heard.

Ashleigh Jayde Gyorosi, 30, was charged with murdering Stephen John Berka, 62, along Stringybark Rd, Buderim in the early hours of May 16, 2020.

The charge was dismissed on Friday after Magistrate Kurt Fowler said police did not have “sufficient evidence”.

“I do not accept or find that there is any evidence that the defendant intended to kill the deceased or cause him bodily harm,” he said.

“I also do not accept that there is any evidence the defendant did an act that indirectly or directly caused his death.”

The decision came after Ms Gyorosi’s barrister Catherine Morgan launched a no case application in Maroochydore Magistrates Court on March 16.

During the application Ms Morgan said there was no evidence to suggest her client, who was pregnant at the time, did anything that caused Mr Berka’s death.

“The prosecution has engaged in fanciful speculation,” she said.

Police alleged the pair were involved in an argument about the ownership of shoes when Ms Gyorosi threatened to stab him with a knife she had.

The court heard Mr Berka called triple-0 minutes before his death and claimed he had been stabbed by Ms Gyorosi.

An audio recording played in court on March 16 heard Mr Berka continually told Ms Gyorosi to “f--k off” before she allegedly followed him through a nearby shopping centre and out onto Stringybark Rd.

The court on Friday heard Ms Gyorosi allegedly held a knife pointing to the ground while her and Mr Berka continued to walk down Stringybark Rd before he was hit by a passing car.

Police allege Tewantin man Stephen John Berka died after being hit by a car along Stringybark Rd, Buderim in the early hours of May 16, 2020. Picture: Social media.

Mr Berka, who was allegedly under the influence of meth at the time of the crash, later died at the Sunshine Coast University Hospital.

Ms Gyorosi was previously charged with unlawfully stalking while in possession of a weapon before the charge was substituted with murder in March, 2021.

Ms Morgan on March 16 challenged the police’s suggestion that Mr Berka was acting in fear of Ms Gyorosi when he was hit.

She said Mr Berka was surrounded by police and could have safely told officers he acted in fear, but instead said Ms Gyorosi had done nothing wrong.

“He didn’t say ‘she was chasing me and I was running down the road’. He didn’t say that so it is impossible to infer that that’s what he was doing in the face of his own statements to the contrary,” she said.

During the March 16 hearing Police prosecutor Leonie Scott said the case against Ms Gyorosi was not based on “speculation”.

Sergeant Scott said there was a series of events that lead to Mr Berka being hit by the car and said it would be up for a jury to decide what role they played in his death.

She relied on written submissions provided to the court.

Sergeant Scott said Mr Berka didn’t deny being stabbed by Ms Gyorosi when police asked him on the side of the road and the lack of any stab wound didn’t preclude him being poked with a knife.

On Friday Mr Fowler said there was no medical evidence to support the idea Mr Berka had been stabbed by Ms Gyorosi.

Mr Fowler also said Mr Berka retracted comments he made to Triple-0 when he told police he hadn’t been stabbed.

The court heard the driver of the car that hit Mr Berka told police he did not see any pushing between Mr Berka and Ms Gyorosi stating the two seemed to be just “chilling.”

Mr Fowler said the offence of manslaughter was also not appropriate based on the evidence and formally charged Ms Gyorosi with threatening violence causing someone to fear bodily harm at night.

He committed the charge for trial in Maroochydore District Court on an undetermined date.

Ms Gyorosi did not enter a plea to the charge and was granted bail to live with her mother in Townsville.

Police did not object to Ms Gyorosi being given bail.