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Phillip Alastair Harris has murder charge dating to 2019 mentioned in Toowoomba Supreme Court

The 30-year-old was charged with murder in 2019 but he still awaits trial because of delays in DNA results.

Australia's Court System

A 30-year-old Toowoomba man held in custody on a charge of murder for more than three years may get his day in court later this year, depending on whether DNA retesting can be expedited.

Phillip Alastair Harris was charged in December 2019 with the murder of 63-year-old Peter Weaver, whose dismembered and charred remains were found inside a Rivett St, South Toowoomba, house gutted by fire on the night of December 15, 2019.

The remains of an allegedly dismembered dog were found in the same room.

Police and emergency services were called to a fire in this Rivett Street house in South Toowoomba on the night of December 15, 2019. Picture: Kevin Farmer
Police and emergency services were called to a fire in this Rivett Street house in South Toowoomba on the night of December 15, 2019. Picture: Kevin Farmer

Mr Harris has not as yet been required to enter pleas to the charges which include murder, misconduct with a corpse, arson, serious animal cruelty and entering a dwelling with intent to commit an offence.

His matters were mentioned before the Toowoomba Supreme Court on Wednesday, July 26, which was told DNA evidence was still outstanding.

Barrister David Jones KC, for Mr Harris, said if the DNA evidence could be expedited the matters could be set down for trial in the November sittings of the same court in Toowoomba.

Crown prosecutor Nicole Friedewald told the court there was a need for some DNA retesting and for the matter to be given priority it needed a trial listing which, given that Mr Harris is in custody, could “bump it up the list”.

Police and fire investigators at a South Toowoomba crime scene following a house fire in Rivett St, Monday, December 16, 2019. Picture: Kevin Farmer
Police and fire investigators at a South Toowoomba crime scene following a house fire in Rivett St, Monday, December 16, 2019. Picture: Kevin Farmer

An independent inquiry into Queensland’s DNA testing found a range of anomalies and some matters had to be retested which further delayed court proceedings.

Ms Friedewald said she had received advice that retesting of DNA took up to 16 weeks which was about the time remaining before the November sittings of the Toowoomba Supreme Court.

Mr Jones said he expected the trial to run for about seven days and that the 44 witnesses listed by the Crown could be reduced.

Justice Susan Brown said she would raise the matters with Justice Martin Burns who was scheduled to preside over the November sittings and whether the trial could be listed for that sittings.

The matter was adjourned.

Originally published as Phillip Alastair Harris has murder charge dating to 2019 mentioned in Toowoomba Supreme Court

Original URL: https://www.couriermail.com.au/news/toowoomba/phillip-alastair-harris-has-murder-charge-dating-to-2019-mentioned-in-toowoomba-supreme-court/news-story/d0dd1c4a135f71a883c7a6e52137808d