Maureen Enright released on bail after judge says police case against Inala grandmother almost ‘non existent’

Maureen Enright, the 76-year-old Inala woman charged with murdering her young son Peter 50 years ago, has been released on bail after a judge slammed the police case against her as being almost “non existent”.

A judge has slammed the police case against an Inala grandmother as being almost “non-existent”, saying the evidence against her does not amount to murder or even the lesser charge of manslaughter.

Maureen Enright will be released from prison on bail today after she was arrested late last month and charged with murdering her young son Peter 50 years ago.

It comes as Enright’s defence says there are serious concerns for 76-year-old’s physical and mental health.

Maureen Enright has been charged with murdering her son Peter 50 years ago.

The frail elderly woman has spent almost a month in custody since the shock arrest on October 21.

In a bail application in the Brisbane Supreme Court, Justice Peter Callaghan repeatedly questioned prosecutors about what evidence they had that could go toward proving a charge of murder.

But Justice Callaghan said the evidence put before him fell far short of proving charges of either murder or manslaughter and at best they may have a case to prosecute charges of accessory after the fact or failing to provide the necessities of life.

“In the face of my specific requests the DPP cannot identify a case of murder against her,” he said.

“That allows me to conclude that the evidence against her is at the very least weak and I might opine that it is not just weak but it is non-existent.”

He said there was no concern that Enright in her “advanced years” would attempt to flee the jurisdiction or strong arm witnesses.

“The applicant being an elderly lady is hardly in a position to threaten anyone,” he said.

She will be released on bail today.

Crown Prosecutor Mark Whitbread said police could rule out the various reasons given for the disappearance of Peter, an autistic boy who is alleged to have been about three or four years old when he died.

Forensic officers search a house in Inala as part of their investigation into Maureen Enright.

“In respect of murder there is no evidence as to what mechanism caused the death of the child, it really comes down to the child just missing from a certain day and the various versions given by Ms Enright as to where the child is, the crown says can be disproved,” he said.

He said there was no evidence that Peter was alive, that he was adopted or that he had gone to live with another family members.

The court heard that in an affidavit tendered to the court, there were references to Enright allegedly saying her husband Michael, who has since died, had done a “bad thing” and references to her putting the boy in his cot and not feeding him for “some time”.

The court heard there were also references to her allegedly closing the boy’s bedroom door when he screamed.

Justice Callaghan noted there was also a comment allegedly made suggesting Enright was aware a body may be buried in her yard. Police investigators who tore up the Ipswich yard found no evidence of human remains.

“It’s telling she might know there’s a body there but doesn’t say anything about her killing him,” Justice Callaghan said.

He said prosecutors had no evidence as to how Peter is alleged to have died or of any intent to cause grievous bodily harm or death, saying “there’s just nothing there”.

Defence lawyer Andrew Bale said there were serious concerns for Enright’s physical and mental health and she was being accommodated in the prison’s hospital.

“No she hasn’t been coping in custody,” he told media outside court.

“Her general practitioner has got some real concerns about her mental health as well as her physical health.

“She suffers from a number of medical conditions and it seems as though since she’s been taken into custody she had to be accommodated in the hospital.”

Mr Bale said her GP had “concerns about her capacity”.

“There were concerns about her ability to look after herself and her mental health,” he said.

Three women, believed to be Enright’s daughters, were in court for the bail application.

“Her family are delighted that mum can come home but there is a long road to go yet of course, just because someone is granted bail doesn’t mean that that’s the end of the road so she’s got a lot of hurdles to face from here on but that’s an important step today to at least get her out to go back and be with family and get the treatment and help that she needs,” he said.

“We’re delighted with the result so happy for her that having had something like this come and land on her doorstep after 50 odd years to have a this stage that someone charged with making a decision that has seen that there’s no case against her.”

Mr Bale said he was pleased with Justice Callaghan’s comments about the lack of evidence in the case.

“I don’t expect they’ll necessarily drop the case, all of those matters are entirely decisions for them.

“From our perspective we’ll be maintaining the pressure that this elderly and unwell lady has no case to answer and should be left alone.”