Police not able to make third murder charge over Alexandra Hills crash

The person allegedly responsible for the death of Kate Leadbetter and Matt Field’s unborn son in a horror crash on Australia Day will never face criminal charges over his tragic death.

Baby boy Miles had a name, a nursery, and a doting mum, dad and grandparents who couldn’t wait to hold him, teach him and watch him grow.

But Miles will never have a first word, hear his mum sing him to sleep, learn to ride a bike or know the excitement of his first day at school.

And the person allegedly responsible for killing the little boy before he was even born will never be criminally charged with his tragic death.

Police yesterday announced that investigators will not add a third murder charge after the death of Kate Leadbetter and Matt Field’s unborn baby Miles, who was killed along with his parents in a horrific car crash in Alexandra Hills on Australia Day.

Matt Field and Kate Leadbetter, who were killed in a horrific car crash on Australia Day. Picture: Supplied

Queensland Police Service Assistant Commissioner Brian Codd said there was no suitable legal framework to be able to apply the third murder charge.

“We have now received legal advice indicating that a specific charge of killing an unborn child under the provision of the criminal code is not available to us on this occasion,” he said.

“We understand this may be difficult for some to understand, but I can assure you the death of baby Miles will not be overlooked and will be presented for consideration to the courts as an aggravating element of the murder charge that we have put forward relating to the death of his mother Kate.”

Leading Queensland criminal lawyer Bill Potts said police had acted appropriately within the current legislation.

“We as a society hold all life to be sacred, but (under the law) in essence you can only murder somebody if they are alive and separate from the body,” he said.

Under alternative charges such as causing the death of an unborn child, police would have had to prove intent, he said.

Assistant Commissioner Brian Codd says police will not be able to lay a murder charge over the death of Miles. Picture: John Gass

While a charge hasn’t specifically been brought in relation to the death of little Miles, the court could consider his death as an aggravating feature, which could see the alleged offender given a harsher sentence if found guilty, he said.

“There is a tsunami of anger and grief in the community and demands that something be done, but police have calmly gone about their investigation, have clearly sought legal advice and are only proceeding with charges which they believe can be maintained and result in a verdict of guilty,” he said.

However, the 17-year-old boy charged with the murders of the couple has been slapped with a string of further charges, including three counts of dangerous operation of a motor vehicle while adversely affected by an intoxicating substance, and one count of driving with a disqualified license.

Flowers left at the site of the horrific Australia Day accident. Picture: Steve Pohlner

While walking their dog on January 27, the couple were killed when they were hit by an allegedly stolen car, which police allege was driven by a boy under the influence of drugs. The teen alleged driver was out on bail for driving offences, including evade police.

Assistant Commissioner Codd said Ms Leadbetter and Mr Field’s families had been notified the charge over Miles’ death would not be feasible.

“They have been incredible … they understand,” Assistant Commissioner Codd said.

“Their strength is strengthening us, I can assure you.”