12yo girl charged with murder asks why she can’t play with other kids, court told

A 12 year-old girl charged with the stabbing murder of a woman in Footscray is desperate for answers to two questions, her lawyer has told a court.

The 12-year-old girl had run away from state care 275 times in three years. Picture: Andrew Henshaw

A girl, 12, charged with murder has asked a court why she can’t hang out with other kids and when she will be allowed out of a secure facility.

The child, who was in state care when she went missing for two weeks and allegedly stabbed a woman, 37, to death in Footscray, has been bailed to a secure facility where she’s been separated from other children.

She is set to be moved to a property where works are currently underway.

In the Supreme Court on Wednesday, the girl’s lawyer said “she has two questions”.

“How long will she remain there and why is she unable to associate with other children,” her lawyer told the judge on the girl’s behalf.

Justice James Elliott said, “I’m not sure this is an appropriate forum to be answering those questions”.

The lawyer said his instructor would speak to the girl after the hearing.

The child was arrested on November 16 at a Footscray apartment, where neighbours found her crying in the hallway, her feet covered in blood, and she told them the woman inside had killed herself.

Police outside apartment where the woman was stabbed. Picture: Andrew Henshaw

Forensic police prepare to enter the scene. Picture: Andrew Henshaw

“I tried to drag her into the shower,” the girl allegedly said, with the woman’s naked body found repeatedly stabbed on the bathroom floor with a knife in her hand, the girl’s underwear nearby.

A mattress was positioned on the lounge room floor, with condoms, wrappers and lubricant strewn about.

She had been under the care of the state from a young age, and had run away from residential care 275 times in three years, often for nights at a time.

The girl remains on bail in a secure residential care facility, where she has been separated from the other children currently residing there.

Children can be held in secure care – which acts like a therapeutic circuit breaker – for 21 days, after which a court must re-approve bail for a further period.

The court was told that plans to move the girl to a “bespoke” secure facility were underway, with construction works being undertaken at a property

Those works require a building permit being approved by council.

Justice Elliott was told the local council would “not commit to a timeframe” on approving the fence application until it was submitted, and that this council process could be the only foreseen delay in moving the girl to the new facility.

“All parties are aware of the urgency,” said a lawyer for the girl’s legal guardian,

Secretary of the Department of Families, Fairness and Housing, Peta McCammon.

The judge said he couldn’t see why the council couldn’t give the court an update, and sought an email be sent seeking that council workers respond within one working day.

If there was any difficulty, His Honour said the matter could be called back to court and a council worker “can tell the court what the position is”.

The girl’s video link hearing was delayed 30 minutes as she was keen to take part, but was only woken up by facility staff shortly before the 10am matter.

Her case will return to court next month.