Chief Justice to hear application for judge only trial in Elizabeth Struhs case

Prosecutors have brought an application that, if successful, would affect he nature of the trial for the 14 members of a Queensland religious group charged with homicide over the death of schoolgirl Elizabeth Struhs.

Elizabeth Rose Struhs

Prosecutors have brought an application seeking a judge-alone trial for the 14 members of a Toowoomba religious group charged with the homicide of schoolgirl Elizabeth Struhs.

Deputy Director of Public Prosecutions Todd Fuller KC formally filed the application at a review of the case on Friday afternoon, saying supporting documentation referenced widespread media coverage of the case and comments made by the defendants when the case was last in court.

Eight-year-old Elizabeth died in January 2022 after she was taken off her diabetes medication, allegedly so she could be “healed by god”.

Her parents were arrested the same month and the other 12 accused, six men and eight women, were arrested months later in July 2022.

Members of the group, including Elizabeth’s parents Jason and Kerrie Struhs, are alleged to have prayed while the little girl died.

All 14 members of the group remain in custody and have rejected multiple opportunities to apply for bail.

Jason Richard Struhs and Kerrie Elizabeth Struhs. Supplied

They have also refused to accept legal advice, instead representing themselves at each review of the case.

The court had previously heard that prosecutors might seek to split the large number of defendants into smaller groups to be tried.

But at a previous review of the case last month, members of the group said they wanted to face trial together.

They also indicated they would prefer the case to be heard by a judge alone with no jury, with one of the accused men Brendan Luke Stevens telling the court: “We don’t believe we will get any more justice from a jury than we believe we will already get without one.”

Justice Martin Burns listed the application for a judge alone trial to be heard by Chief Justice Helen Bowskill on November 3.

He said once the outcome of that application was known, the court would hear submissions on whether to have the trial moved from the Toowoomba jurisdiction to be heard in the Brisbane Supreme Court – the only court house in the state large enough to accommodate 14 defendants in one trial.

Elizabeth’s father Jason Struhs, 51, and alleged group leader Brendan Stevens, 61, have been indicted on charges of murder.

The remaining 12 members of the group, including Elizabeth’s 47-year-old mother, are each charged with a single count of manslaughter.

They are Zachary Alan Struhs, 20, Loretta Mary Stevens, 66, Therese Maria Stevens, 35, Andrea Louise Stevens, 33, Acacia Naree Stevens, 30, Camellia Claire Stevens, 27, Alexander Francis Stevens, 24, Sebastian James Stevens, 22, Keita Courtney Martin, 21, Lachlan Stuart Schoenfisch, 32 and Samantha Emily Schoenfisch, 24.

The members of the group were allowed to meet in the courthouse prior to the hearing to discuss their case and how they wanted the matter to proceed.

At the conclusion of the hearing, Justice Burns again asked if anyone of the members of the group wished to apply for bail.

They all shook their heads indicating no.