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Update: Lawyers say missing evidence ‘crucial’ to case of woman accused of burning children alive in Toowoomba home

Here’s everything known so far about the triple murder case of a Queensland mum accused of burning three young children alive in a Toowoomba home.

Ellouisa Brighton has been accused of murdering three children who died following a horror house fire in Toowoomba. Photo: Facebook.
Ellouisa Brighton has been accused of murdering three children who died following a horror house fire in Toowoomba. Photo: Facebook.

A woman accused of burning her young children alive in a Toowoomba house fire has yet to physically appear in court on her murder charges.

Ellouisa Patricia Brighton, 36, has been in custody since the devastating Harristown fire in May, which claimed the lives of three of her children.

A nine-year-old boy was pronounced dead at the scene, and two girls, aged four and seven, later died in hospital when their life support was turned off.

Ellouisa Brighton has been accused of murdering three children who died following a horror house fire in Toowoomba.. Photo: Facebook.
Ellouisa Brighton has been accused of murdering three children who died following a horror house fire in Toowoomba.. Photo: Facebook.

A 34-year-old man, an 18-year-old man, and an 11-year-old boy were also taken to hospital, however they were later released.

Ms Brighton was also taken to hospital in a critical condition under police guard.

When the fire took hold just after midnight, early on a Wednesday morning, concerned community members rushed to help the family escape the inferno.

A neighbour told this publication that when he woke to shouts, he thought there was a break-in, however quickly realised that wasn’t the case when he saw a child cross the road on fire.

“Her clothes were burning,” he said.

Following the fire, police said a part of their investigation included whether or not the children had been doused in fuel.

Flowers and soft toys left by community members following a triple fatal house fire in Harristown, Thursday, May 8, 2025. Picture: Kevin Farmer
Flowers and soft toys left by community members following a triple fatal house fire in Harristown, Thursday, May 8, 2025. Picture: Kevin Farmer

During the first mention of the matter at the Brisbane Magistrates Court, three days after the fire, Kilroy and Callaghan Lawyers solicitor Kara Murphy told the court Ms Brighton was in a comatose state.

Magistrate Peter Saggers ordered the brief of evidence to be completed by the end of July, and the case was moved to the Toowoomba jurisdiction.

When the case was mentioned before the Toowoomba court on Tuesday, December 12, solicitor Kate McIntyre appeared on behalf of Kilroy and Callaghan Lawyers.

Ms McIntyre told the court Ms Brighton was still in custody and that her appearance was not required.

“Their office has received material on a USB however, there is a substantial amount of outstanding material,” she said.

Ms McIntyre said she was instructed to have the charges adjourned to a later date based on the police prosecution’s estimate as to when the remaining evidence would be disclosed.

Construction fencing and a sign advising no entry are seen at the Harristown house fire as a mother is charged with three counts of murder, Tuesday, May 13, 2025. Picture: Kevin Farmer
Construction fencing and a sign advising no entry are seen at the Harristown house fire as a mother is charged with three counts of murder, Tuesday, May 13, 2025. Picture: Kevin Farmer

Magistrate Kyna Morice noted that when the matter was last before the court in November, Kilroy and Callaghan Lawyers had sent a representative to say the same thing.

Ms McIntyre said the evidence the lawyers were waiting on included “autopsy reports and other forensic material that they consider to be quite crucial to their defendant’s case,”.

The police prosecution asked for the case to be next mentioned before the court in early 2026, as the outstanding brief of evidence included material from the government and medical records.

Mrs Morice adjourned the case to be heard before the Toowoomba Magistrates Court on February 3.

“It might not leave enough time for instructions to be taken (from Ms Brighton), but at least there will be an update on whether (the brief) has been received,” she said.

Investigators at the scene of a fatal house fire in Harristown, Wednesday, May 7, 2025. Picture: Kevin Farmer
Investigators at the scene of a fatal house fire in Harristown, Wednesday, May 7, 2025. Picture: Kevin Farmer

Ms Brighton, who has not applied for bail, was remanded in custody.

She will not be required to appear in court via video link from custody on the next occasion.

The brief of evidence was originally ordered to be completed by the end of July.

Ms Brighton is charged with arson, three counts of murder and three counts of attempted murder.
She is yet to enter a plea on any charge.

Originally published as Update: Lawyers say missing evidence ‘crucial’ to case of woman accused of burning children alive in Toowoomba home

Original URL: https://www.couriermail.com.au/news/update-lawyers-say-missing-evidence-crucial-to-case-of-woman-accused-of-burning-children-alive-in-toowoomba-home/news-story/6823152ba06c9c6a761c5f7d00278a19