Religious group members charged with Elizabeth Struhs homicide to face judge-only trial

Fourteen members of ‘The Saints’ will face a judge-alone trial, expected to run for three months, all charged with the homicide of a child, allegedly deprived of her diabetes medication.

Brendan Luke Stevens, 60, is the alleged leader of a church accused of being involved in withholding medicine to eight-year-old Elizabeth Struhs (inset), resulting in her death.

FOURTEEN members of ‘The Saints’ religious group who are charged with the homicide of eight-year-old Toowoomba girl Elizabeth Struhs will face a judge-alone trial that is expected to run for at least three months.

Elizabeth died in January 2022 after being deprived of her diabetes medication, allegedly so she could be “healed by god”.

Chief Justice Helen Bowskill said it was alleged that Brendan Stevens, 61, was the leader of the Toowoomba-based religious group known as The Saints.

He is charged with Elizabeth’s murder on the basis he counselled either or both of her parents Jason and Kerrie Struhs to cease providing insulin and or not provide her medical care, knowing that to do so would probably cause her death.

Artist impression of Jason Struhs by Brett Lethbridge

“Jason Struhs is Elizabeth’s father, he is charged with her murder on the basis that he caused the death of Elizabeth by failing to provide insulin to her and or not provide medical care and treatment for her knowing that would probably cause her death,” Justice Bowskill said.

“Kerrie Struhs is Elizabeth’s mother, she is charged with manslaughter on the basis that she failed to provide insulin to Elizabeth and or did not provide medical treatment for her.”

“The remaining 11 defendants … are each charged with manslaughter on the basis that by their actions they counselled and or procured and or aided Elizabeth’s parents to unlawfully kill her.”

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.

Elizabeth’s parents were arrested in January 2022 and the 12 other defendants were arrested months later in July.

Artist impression of Kerrie Struhs by Brett Lethbridge

They have all been in custody since their arrests and have declined multiple offers to apply for bail.

They have all refused legal advice and are instead representing themselves.

Deputy Director of Public Prosecutions Todd Fuller KC made an application in the Brisbane Supreme Court on Monday seeking to have the case heard by a judge alone with no jury.

Mr Fuller said if all 14 defendants were tried together as they had requested, it was estimated it would run for at least three months with the trial expected to hear from dozens of expert witnesses and watch 100 hours of the defendants’ police interviews.

He submitted it would be in the interests of justice for the trial to be heard by a judge alone given the nature of the matter, the logistics of trying 14 defendants at once, and the notoriety of the case.

Artist impression of Brendan Stevens by Brett Lethbridge

Mr Fuller said more than 190 news articles had been published about the case since the alleged offence, further submitting a judge-alone trial greatly reduced the risk of a mistrial.

Justice Bowskill individually asked each of the defendants if they understood the application, whether they had any submissions to make, and finally whether they consented to the order being made.

All 14 defendants agreed they consented to their charge being heard by a judge alone.

“I don’t object, I agree to it,” Jason Struhs said.

“Yeah I accept it be a judge only, I don’t have a problem with that,” Brendan Stevens replied.

No date has been set for the trial which is expected to be held before Justice Martin Burns.