SA Court rules body of alleged stabbing murder victim to be cremated after family legal dispute

The body of a young man who was allegedly murdered earlier this year will now be laid to rest, after a legal dispute over his remains was finalised by a court.

The body of a young man who was allegedly murdered earlier this year will finally be laid to rest, after a court settled a legal dispute between his mother and his sister over his remains.

Scot Phillips died in September this year after he was allegedly lured outside of his Seaton home and attacked. 

The 19-year-old was stabbed multiple times with a large knife outside of his Carey Ave home on the evening of September 10, in what police described as a planned attack.

Emergency services attended the scene at 10.20pm and despite the rapid response by ambulance officers, Mr Phillips died at the scene.

Alleged murder victim Scot Phillips. Photo supplied by family

Alleged murder victim Scot Phillips. Photo supplied by family

Since his death, Scot’s body has been held by the state coroner as his mother and sister entered into legal proceedings to decide who would take control of his remains – Scot left behind no will to express his final wishes.

Last month, the South Australian Supreme Court published a judgment ordering Scot’s remains be cremated – going against the wishes of his biological mother who instead wanted to bury her son.

Associate Justice Graham Dart ultimately ruled the young man’s remains should be released to his sister, given the tricky relationship he had with his mother during his life.

“This is a sad and distressing matter. Two family members are in dispute about who should have the conduct of the funeral arrangements for a recently deceased family member,” Justice Dart said in the judgment.

“Unsurprisingly, there is no serious evidence about the deceased’s wishes in regard to whether he should be buried or cremated. He was a young man entering adulthood and such matters would not have been on his mind.”

He said Scot and his mother had a limited history of communication, and had only been speaking to each other over text messages in the months leading up to his death.

Cooper Benny (left) has been charged with murdering Scot. Picture: 7NEWS

“The evidence suggests that the relationship between the applicant and the deceased was not straightforward. It is not clear to what extent the deceased wished to resume a relationship with his mother,” he said.

Justice Dart said there was “no dispute” that Scot’s sister had a much closer relationship with her brother than he did with their mother, but agreed his mother was trying to rebuild their relationship.

He ordered Scot’s sister to have conduct of her brother’s funeral, and for his body to be cremated. He further ordered Scot’s ashes be shared equally between herself and their mother.

The man charged with murdering Scot, Cooper Benny, was arrested three days after the alleged incident.

He made no application for bail and is due to return to court on the murder charge again in November 2025.

Originally published as SA Court rules body of alleged stabbing murder victim to be cremated after family legal dispute