Envy, delusion, jealousy, break-up triggered fatal chain of events

A man who struck his ex-girlfriend’s new lover in a street brawl and invaded her home during an ugly break-up, has walked free after charges of murdering her father on the roadside were dropped.

Kynan Ignacio Vital outside Brisbane Supreme Court on Friday. Picture: John Gass/NCA NewsWire

A man who hit his ex-girlfriend’s new lover in the back of the head during a street brawl and then invaded her home during an ugly break-up has walked free from court after prosecutors dropped a charge of him murdering her father, with the judge describing his actions as fuelled by extreme envy and delusion.

Crown prosecutor Philip McCarthy QC told Brisbane Supreme Court on Friday that after Kynan Ignacio Vital, 22, of Molendinar on the Gold Coast, refused to leave his ex-girlfriend Julia Murphy’s home in October 2019 after he stayed the night and she broke off their relationship, she called her father David to help turf him out.

When Vital left in his car, a cat-and-mouse chase between Vital and David Murphy began.

When they pulled over on the roadside in Springfield Lakes on October 19, 2019, Vital struck his ex’s new boyfriend Bradley Murchie in the back of his head with a “lengthy hard object”, such as a baseball bat or hockey stick, causing him to topple over.

Vital, along with his school friend, then hit and kicked Mr Murchie as Mr Murchie lay on the ground, the court heard.

As Mr Murchie was being assaulted, Ms Murphy’s father was allegedly fatally injured by Vital’s friend, who allegedly hit Mr Murphy in the face with the butt of a shortened bolt-action rifle, breaking his teeth and causing him to smash his head on the gutter as he fell backwards, the court heard.

Mr Murphy suffered catastrophic injuries, the court heard.

He died on his 49th birthday, and had been celebrating his birthday with his daughter on the evening he died.

David Murphy with his daughter Julia

Mr McCarthy told the court that while Vital was not criminally liable for Mr Murphy’s death, Vital had recognised his “moral culpability” given that his fight with Julia Murphy was the trigger for the tragedy.

“None of it happens without him,” Justice Peter Callaghan said in court.

Mr McCarthy said that Mr Murphy was killed by Vital’s co-accused, whose case has been listed for sentence.

His co-accused’s sentencing was delayed because he was seriously assaulted, and almost died, in prison.

Vital left the brawl scene in darkness, unaware that Mr Murphy was dying on the side of the road and unaware his school friend had a rifle with him, and returned to the house Julia shared with housemate Linda Chou, where he entered without permission and assaulted Ms Chou.

He also punched Julia Murphy in the face several times, as she fled to another room, he chased after her and then lay on top of her and grabbed her mobile phone, which he stole.

Vital pleaded guilty to charges of assault occasioning bodily harm while armed and in company in relation to Mr Murchie, entering a dwelling with intent in relation to the Ms Murphy’s share house, and robbery with violence for taking Ms Murphy’s mobile phone.

Mr McCarthy dropped the charge of murder.

In sentencing Vital, Justice Peter Callaghan described Vital’s actions toward Julia Murphy on October 19, 2019 as that of an obsessed 19-year-old showing extreme envious and deluded behaviour, and said it was disturbing that he had earlier smashed the windscreen and rear window of her car.

“I’m told that you are a different person from the one who committed these offences. Indeed, you tell me that yourself in (your statement),” Justice Callaghan told him.

“That is feasible, it is possible for the character of a young man to undergo radical changes between the ages of 19 and 22,” he said.

Mr McCarthy said Vital’s seven month relationship with Ms Murphy was tumultuous and Vital “was controlling and jealous”.

Vital’s defence barrister Angus Edwards submitted his client was genuinely remorseful and believed Ms Murphy was two-timing him and seeing Mr Murchie “on the side”.

Vital was also mixing with a delinquent peer group at the time, Mr Edwards said.

Justice Callaghan sentenced Vital to three years’ jail with immediate parole for the most serious charge of assault occasioning bodily harm, having taken into account the 170 days spent in prison on remand between October 2019 and April 2020.

He also ordered Vital to perform community service after he pleaded guilty to three other charges including home invasion of Ms Murphy’s share-house at night, unlawful assault of Julia’s flatmate Ms Chou and robbery of Ms Murphy.

Convictions were recorded on all charges.

Justice Callaghan said Vital’s actions were socially unacceptable and morally reprehensible, and Mr Murphy’s death cast a shadow over the sentencing hearing.

Kynan Vital with Julia Murphy