Trial date for Elizabeth Struhs accused killers pushed back, courtroom modified
A justice involved in a trial of hard line religious group members accused of killing a diabetic girl by denying her insulin has been left stunned after a request from its 14 defendants.
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The mammoth, and in many ways unusual, court trial of hard line religious group members accused of killing a diabetic girl by denying her insulin has been pushed back to allow for troubleshooting tests in courtrooms specially modified for the case.
Elizabeth Struhs, 8, was found dead in her Rangeville home in Toowoomba on January 7, 2022, after she was taken off her diabetes medication.
It is alleged her insulin was withdrawn on January 2, 2022, so that her father could “prove his faith” in God to the hard line religious congregation.
Her parents, Jason and Kerrie Struhs, were arrested the same month, while the other 12 accused - five men and seven women - were arrested in July 2022.
In a further pre-trial hearing on Wednesday, Justice Martin Burns said the trial will now start on Tuesday, July 9 - a day later than originally scheduled.
“There’s quite a bit to be done on the Monday [the day before] to set up and test the court … because it’s now been modified,” he said.
“The dock [secure sitting area for defendants] has been removed and we now have two long tables to seat you at with microphones and video monitors.
“In front of the tables is the bar table if you wish to make lengthy submissions or address me in any way - the idea is to make you as comfortable as possible and give you a place to write notes and handle any material during the trial.”
Justice Burns said the 14 accused will also have their own private courtroom next door to meet in before and after the trial days, and during breaks in the proceedings.
All of the standard recording and monitoring equipment in this courtroom will need to be deactivated and tested to ensure the accused can have private conversations.
The court also heard that Jayde Struhs - Elizabeth’s older sister who left home at age 16 - will give evidence for the prosecution during the trial.
During Wednesday’s hearing, the alleged group leader, Brendan Stevens, asked Justice Burns whether the accused can call each other as witnesses in their defence at trial.
“Can I just say, I’ve never seen it done,” Justice Burns replied.
“What will ordinarily happen is that if one or more of you wishes to give evidence in your own defence, you can get into the witness box and give evidence.
“I’ve not seen an accused person call a co-accused person, so we would need to look at that more carefully closer to the time, but certainly you can give evidence in your own defence … I’m not saying you can’t do it, I’ve just never seen it done.”
Justice Glenn Martin, who oversaw a separate pre-trial hearing last month on whether certain pieces of prosecution evidence will be allowed in the trial, is yet to announce his decision on other matters related to the case.
Elizabeth’s father Jason Struhs, 52, and the alleged group leader Brendan Stevens, 62, have been indicted on charges of murder.
The remaining group members have been charged with manslaughter - Kerrie Struhs, 49, Zachary Alan Struhs, 21, Loretta Mary Stevens, 67, Therese Maria Stevens, 36, Andrea Louise Stevens, 34, Acacia Naree Stevens, 31, Camellia Claire Stevens, 28, Alexander Francis Stevens, 25, Sebastian James Stevens, 23, Keita Courtney Martin, 22, Lachlan Stuart Schoenfisch, 33, and Samantha Emily Schoenfisch, 25.
All 14 defendants have repeatedly declined legal representation and are self-represented. They have all pleaded not guilty to the charges against them.
An estimated three-month judge-only trial is now scheduled to commence on July 9 before Justice Martin Burns in the Brisbane Supreme Court.
Originally published as Trial date for Elizabeth Struhs accused killers pushed back, courtroom modified