Man charged with murder over disappearance of Ballarat mum Samantha Murphy
The son of a former AFL player has been charged with murder over the disappearance of Ballarat woman Samantha Murphy.
Police & Courts
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The son of an ex-AFL player has faced court charged with the murder of missing Ballarat mum Samantha Murphy as an extraordinary gag order was made to prevent his name from being made public.
The 22-year-old Scotsburn man — the son of a former Geelong and Richmond player — had his name struck from the public record amid concerns raised by his defence lawyer that he was at risk of self-harm.
However, defence lawyer David Tamanika earlier told the court the man, who is in custody for the first time, had no mental health or drug issues.
“As you can imagine there’s significant seriousness to the allegation and some risk of self-harm,” Mr Tamanika told the Ballarat Magistrates’ Court.
The lawyer also raised concerns about prejudice to the administration of justice, and the safety of the accused “where he may have significant mental health challenges that arise from being charged with murder”.
Almost a dozen media representatives challenged the order given the accused’s name and image had already been widely publicised.
But Magistrate Michelle Mykytowycz granted the interim order gagging the media in the case that had “high community interest”, stating that “for me it is a balancing experience”.
His name, date of birth and address will be banned from being reported until a full suppression application can be heard on Friday, March 8.
Under the Open Courts Act, an interim order can be put in place without determining the merits of the application.
Meanwhile, the prosecutor asked for 20 weeks to put together all the evidence in the case.
No relatives or loved ones of the accused or of Ms Murphy were in court for the administrative hearing.
The accused will return to court for a committal mention on August 8.
Police say investigation ‘far from over’
On Thursday afternoon, Victoria Police chief commissioner Shane Patton said the suspect had not disclosed to detectives where Ms Murphy’s body was located.
“We will be alleging that murder occurred at Mount Clear on the day she disappeared,” he said.
“In the interview with the suspect, he has not disclosed where Samantha’s body is.”
Mr Patton said detectives believed Ms Murphy was deliberately attacked.
“He has been charged with murder, so by its definition we’re saying this was a deliberate attack on Samantha,” he said.
“’I’m not going to go into the details of motive or any of those further details in regards to what has or had has or hasn’t happened.
“This investigation is far from over, though, obviously we’re going to be continuing to gather further evidence and will be taking further statements and investigations will continue at a very heavy pace.”
Mr Patton said the Murphy family were put under “intense scrutiny” and “had no involvement whatsoever”.
“Our thoughts and support are with her family,” he said.
“I do just want to say something about the family … in these cases it’s often that the family comes under scrutiny.
“They were under intense scrutiny. They have been cooperative with this.
“They have provided everything we needed and they have had no involvement whatsoever in this matter.”
Mr Patton said police were able to make an arrest due to “painstaking detective work”.
“He’s been located through a range of investigative outcomes that have come together and as you are aware we have been pinging phones and following up on investigation reports from members of the public,” he said.
“We have done ground searches, we have done doorknocks so it’s a whole range of information that has come together.
“It has resulted from painstaking detective work with greater assistance from the public.”
Mr Patton would not confirm whether a weapon or vehicle was used to allegedly murder Ms Murphy.
He would not confirm whether drugs and alcohol were involved or whether there was a sexual nature to the alleged murder.
“I’m not going to go into the evidence and speculate about the evidence,” he said.
“So in Victoria, when someone’s charged, irrespective of what people’s view may be, the details of that evidence are tested in court, not in a press conference.”
Mr Patton said Ms Murphy’s death was a “tragic outcome”.
“Samantha’s family was told about the arrest last night and they were told this afternoon about the charges,” he said.
“Anyone being told their loved one has been murdered, it’s tragic.”
Mr Patton also thanked the community for their support in the investigation.
“The feeling of emotion that we’ve heard not just in Ballarat and the surrounding area, but right across Victoria, indeed, across the nation and internationally,” he said.
“It was important for me to stand here to express my appreciation to the public, the members of all those communities who have assisted, the information we’ve got from them but as well to the police officers who’ve been engaged in this and given up many hours and long, long-haul days.”
Community volunteers who scoured bushland for Ms Murphy will hold a vigil on Friday evening.
Dozens of Ballarat residents and searchers are due to attend the memorial at the Eureka Stockade Memorial Park at 7pm.
Michael Murphy just trying to stay ‘brave’
On Thursday afternoon, Ms Murphy’s husband, Michael, said he was just trying to remain brave for everyone.
“God, the adrenaline with everything that’s been going on, it’s just trying to be brave for everybody,” he said.
“It’s something that we wouldn’t want anyone to experience.”
Mr Murphy said news of a charge being laid was definitely a relief after weeks with no answers.
“It hasn’t been good for a while, nearly five weeks, but we’re doing as good as we can, it’s a brave face.”
He praised the community of Ballarat for their “unbelievable” generosity and support during such a horrible period for his family.
“The community has just been — from the word go — has just been unbelievable,” he said.
“The generosity and the support from the community has been just overwhelming.
“Friends, family, everyone that have that much respect for Sam and us.”
Police thank public for assistance
On Thursday, Detective Acting Superintendent Mark Hatt of Crime Command said the thoughts of the police were with Samantha’s family and friends.
“Since Samantha’s disappearance at the start of February, a significant search and investigation has been undertaken in an effort to find her,” Superintendent Hatt said.
“This has included a dedicated and committed investigative effort led by the Missing Persons squad and also involving detectives from right across Crime Command, Counter Terrorism Command and Western Region.
“This has been further supported by a range of specialist resources from across Victoria Police.
“To get to a position where we have been able to charge someone is testament to the commitment and dedication from all those areas.
“We have also had exceptional support from many people in the Ballarat community, particularly local search volunteers and members of the SES and CFA.
“I know that Samantha’s disappearance has had a profound impact on the Ballarat community and I want to thank all of those people who have assisted police in many different ways over the past month.”
Family members were seen returning to the Murphy family home just after midday on Thursday.
Detectives in an unmarked vehicle were seen at the Murphy residence about 1.45pm.
The investigators spoke with Mr Murphy briefly outside the front of the home before making their way inside.
Mr Patton urged the public to come forward with “even the slightest bit of information”.
“We’ve had amazing assistance in terms of intelligence reports being made,” he said.
“But anyone who has any information, even the slightest bit of information that they think might not be that relevant, please call Crime Stoppers on 1800 333 000.
“Any little clue could be vital in helping us locate her body.”