Police application to set aside summons from Tiaan Burger’s lawyer refused

A man accused of killing his baby will be given access to police material used to justify the bugging of his home while he was in custody.

A man accused of killing his baby will be given access to police material used to justify the bugging of his home while he was in custody.

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”.

A listening device was applied for, approved and installed in Burger home’s prior to is arrest on January 25, 2020.

Tiaan Burger.

However the device was not activated until February 5 when Burger was already in custody and the only person in the home was his wife Megan Burger. The device was recording for five days.

Megan was not charged by police and The Courier-Mail does not suggest any wrongdoing.

Burger’s lawyer Brendan Ryan served a summons on Queensland Police for the material they put before a Supreme Court judge to justify the use of the listening device.

Police refused to disclose the material on the basis it contained confidential and investigative information and made an application in the Brisbane Magistrates Court for the summons to be set aside or alternatively redacted.

Magistrate Michael Quinn today dismissed the application to set the summons aside.

“I am satisfied that the public interest favours a fair trial of the defendant and the court not being denied access to relevant evidence,” he said.

“Consequently, I am satisfied the public interest favours disclosure of the subject material.”

Mr Quinn ordered the matter be disclosed with relevant redactions.

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

The matter was adjourned to July 4.