Cairns Supreme Court pre-trial hearing for murder accused Rajwinder Singh hears of mystery statement
With the murder trial for the man accused of killing Toyah Cordingley drawing closer, his barrister has told Cairns Supreme Court police may have more evidence that has not been included in the prosecution’s brief of evidence.
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With little more than a month to the much-anticipated trial of the man charged with murdering Toyah Cordingley, 24, his barrister claims there may be evidence linked to the last person who saw her alive.
Speaking at a pre-trial hearing before Justice James Henry in Cairns Supreme Court on Thursday, Angus Edwards KC said his instructing solicitors found out from a member of the media there was apparently a statement made by someone who was possibly the last person to see Ms Cordingley alive.
Police allege Rajwinder Singh, 39, killed Ms Cordingley at Wangetti Beach on the afternoon October 18, 2018, after she took her dog for a walk.
“We found out there was a statement we had not been provided with, had not seen and were not told about it,” Mr Edwards told the court.
He said it did not form part of the brief of evidence the prosecution had provided Mr Singh’s legal team.
“We have concerns there may be additional material we have not been provided with … we have subpoenaed the media person in relation to the document they may have,” Mr Edwards said.
He said there was allegedly a statement from a person who saw Ms Cordingley walking on the beach with a man walking behind her, at 2.30pm, not long before she sent what would be her final text message, to her boyfriend Marco Heidenreich, at 3.17pm.
Mr Edwards said he wanted a further pre-trial hearing – known as a Basha inquiry – to cross examine three police officers.
“We want to know what material is outstanding, we don’t want to be left in the dark until matters are disclosed by the media to us,” Mr Edwards said.
He told the court he wanted to interview five police officers, but the crown sought stronger reasons to interview the latter two.
He said the latter pair had not provided statements but were “leaders working in the background, directing things”.
Justice Henry stated the Basha was in order to properly test if there existed any further material.
“There are some signs there were recordings with other people not disclosed, some suggestion not all CCTV or Dashcam footage has been disclosed,” Mr Edwards said.
Mr Edwards said he wanted to cross-examine the officer who took the statement that was missing from the material.
“Another police officer made inquiries in relation to a potential other person who may have been involved in the killing, we want to make inquiries of him, where that went, what happened in relation to that.
“It’s a very loose end, we don’t know what is going to come out of that,” Mr Edwards said.
He said the defence was still working to proceed to trial on the set date of July 22.
Crown prosecutor Nathan Crane said he consented to the Basha.
Justice Henry set the date for a further pre-trial hearing for July 18 at 1.30pm.
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Originally published as Cairns Supreme Court pre-trial hearing for murder accused Rajwinder Singh hears of mystery statement
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