By Erin Pearson
Lawyers for accused killer Patrick Stephenson are yet to see the CCTV evidence in the case against him, telling a court the brief is unprecedented in its size.
The 23-year-old faced Ballarat Magistrates’ Court on Thursday, six months after Samantha Murphy – the woman he is accused of killing – vanished during a run.
A court sketch of Patrick Stephenson at Ballarat Magistrates Court on Thursday.Credit: Paul Tyquin
Defence lawyer Moya O’Brien and the prosecution told the court that three further months were needed to analyse the evidence against Stephenson, after his legal team received the brief only late last month.
O’Brien noted they had yet to receive the CCTV footage relied on by the prosecution.
“[The brief] has been described as unprecedented in terms of size,” O’Brien said.
“In relation to the CCTV … it’s going to be provided, as we understand it, over the weekend in a hard drive capacity,” she said.
Samantha Murphy vanished after she left her home about 7am on February 4 to go for a run.Credit: Nine News
Magistrate Mark Stratmann noted three months was a long time for both Stephenson and the community to wait for the next hearing, and said the case needed to continue promptly.
“Three months is quite a long time for your client and for the community,” the magistrate said. “The case needs to be moved along promptly, in fairness to your client and the administration of justice.”
He told the prosecution they must ensure any electronic material in the brief of evidence was released to Stephenson’s defence team in a way that could be opened and read.
During the brief hearing, the magistrate reminded the people watching remotely that they could not record, transmit or photograph the hearing, and must remain muted.
Those watching the hearing remotely included Stephenson’s family members and journalists.
Stephenson, the son of late-life AFL draftee Orren Stephenson, was arrested on March 6 at a home in Scotsburn, a farming community east of Buninyong, in March and charged with one count of murder.
Police are continuing to search for the remains of Murphy, a mother of three who went missing on February 4 after going for a trail run.
Murphy’s family reported her disappearance to police on February 4, after she failed to attend a brunch.
Detective Senior Constable Gareth Shepherdson (left) and Detective Inspector David Dunstan at the Ballarat Magistrates’ Court on Thursday.Credit: Joe Armao
She had earlier left her Ballarat East home for an early morning trail run along Woowookarung Regional Park, formerly known as Canadian State Forest.
She was last captured on CCTV outside her Blairs Lane home, dressed in a maroon singlet and black running tights.
Stephenson, dressed in a white T-shirt, appeared in court on Thursday via video link from the Melbourne Assessment Prison, where he remains on remand.
When asked if he could hear the proceedings, Stephenson replied: “Yes, your honour.”
Moya O’Brien (in blue), lawyer for Patrick Stephenson, at the Ballarat Magistrates’ Court on Thursday.Credit: Joe Armao
Crown prosecutor Daniel White revealed that a form had recently been filed with the names of possible witnesses the prosecution might seek to call on. Details of who they might include were not aired in court.
O’Brien, Stephenson’s defence lawyer, also asked that her client’s other charges be adjourned until the November hearing.
Details of those charges were not released after the magistrate refused a media request for details of the traffic-related charges Stephenson is also facing.
This masthead argued some details of the traffic allegations were already in the public space and accurate reporting of them would help dispel any rumour or misinformation.
Stratmann said it was up to the court whether to release the information, which he declined to do before lawyers could argue for or against the release at the next hearing. The magistrate ultimately approved the adjournment request for both sets of charges, with the case to return to court in November.
“Given the huge amount of material to be gone through and the taking of instructions from Mr Stephenson, that is an adequate amount of time,” O’Brien said.
Stephenson is expected to appear remotely at the next court hearing on November 14.
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