Lawyers question if cops had suspected wife in alleged Central Queensland baby killer case

The lawyers for a man accused of murdering his four-month-old baby have requested police material to see if officers were treating his wife as a suspect, a court has heard.

Lawyers for a man accused of murdering his baby in Central Queensland have applied for listening device related material to see if police were treating his wife as a suspect, a court has heard.

Gladstone’s Tiaan Burger, then 27, was charged with murder in the days following the death of his four-month-old son Finnick who police allege suffered “catastrophic brain injuries”.

The baby’s mother, Megan Burger, was not charged by police and the Courier Mail does not suggest any wrongdoing.

Tiaan’s lawyer Brendan Ryan today made an application in Brisbane Magistrates Court for disclosure of police material put before Justice Martin Daubney who approved the use of a listening device in the Burger’s Sun Valley home.

Tiaan Burger is charged with the murder of his son Finnick.

Police have opposed the application labelling it a “fishing expedition”.

Mr Ryan questioned why police activated the listening device in the Burgers’ home when his client was already in custody.

“So the question arises then … why activate on a date when police knew my client was in custody. Why run (the device) for five days? Unless Ms Burger is more than just a person of interest,” he said.

“It’s the information that may have been put before Justice Daubney … that may open up lines of questioning in relation to potentially her direct involvement as opposed to my clients.

“So it’s not a fishing exercise at all. It’s really looking to perhaps place my client in a far better position when it comes to triable issues.”

Sean Smith, appearing on behalf of the Police Commissioner, argued there was no legitimate forensic purpose in Mr Ryan accessing the material.

Finnick was only four months old when he died.

Mr Smith said the listening device was applied for, approved and installed before Tiann’s arrest on January 25, 2020.

“It was sought on the basis that at that time it was envisioned both the defendant and the wife would return to the home, ultimately that’s not what occurred, as the investigation progressed he was subsequently arrested,” Mr Smith said.

“It’s not simply about obtaining evidence about Mr Burger, it’s about obtaining information or evidence about the offence. Ms Burger may have had conversations with another person, that may not be admissible, but it’s information about the events that police could use to further their investigation.”

Tiann, who is on bail, was not required to be in court.

Magistrate Michael Quinn reserved his decision.