Daniel Lucas Baumgart, James Samuel Baumgart committed for alleged murder of Michael Hartley

Two brothers who allegedly killed a man during a fight in Maryborough have tried to get their murder charges thrown out saying there wasn’t enough evidence.

Two brothers charged with the alleged murder of a Brisbane man will face a jury after they failed to prove there was no case against them.

Daniel Lucas Baumgart, 41 and James Samuel Baumgart, 34, were each charged with murder following the death of Brisbane’s Michael Hartley.

The duo are also charged with assault occasioning bodily harm while armed, wilful damage and unlawful possession of suspected stolen goods.

Police allege the brothers, Mr Hartley and a fourth man were involved in a fight at a Maryborough home on November 1, 2020.

Mr Hartley and the fourth man then allegedly fled the scene in a ute.

The ute was found abandoned by police that same day after it crashed into a fence at a property more than hour away in Gympie.

Mr Hartley, 43, was later found dead down an embankment in Gympie on November 2, 2020.

The court heard his cause of death was blunt force trauma to the head.

Acting Magistrate Raelene Ellis said the medical report “couldn’t rule out” the injury was caused during the car crash or from falling down the embankment.

The court also heard it could have been possible the injury occurred during the alleged Maryborough fight with the brothers hours earlier.

Ms Ellis said the medical report showed Mr Hartley had a “high level of methamphetamine” in his body during the post-mortem that would have meant he could have been “conscious” in Gympie.

Michael Hartley was found deceased in a ditch on a Gympie property on November 2, 2020.

The court heard the fourth man had also given evidence that Mr Hartley had been “talking non-sensibly” before the crash.

The two brothers argued in July, 2022 there was no case against them.

Ms Ellis handed down her decision in Maroochydore Magistrates Court on August 8, 2022.

Ms Ellis said the fourth man who fled with Mr Hartley was an “unimpressive witness”.

However, the court heard there was video evidence supporting the fourth man’s testimony where the four men left the Maryborough building and the two brothers were allegedly armed with a blunt instrument during a verbal argument with Mr Hartley.

Ms Ellis said she accepted there was a case to answer and committed the two brothers to Maryborough District Court.

Upon hearing he would be facing trial, James Baumgart told the court “this is bulls —t”.