Ex-AFL player’s son charged with Samantha Murphy’s murder
Police allege missing Ballarat mother of three Samantha Murphy was the victim of a deliberate, violent attack on the day she disappeared after leaving home at 7am for a Sunday run.
Police allege missing Ballarat mother of three Samantha Murphy was the victim of a deliberate, violent attack by the son of a former AFL player on the day she disappeared after leaving home at 7am for a Sunday run.
They are to yet to recover her body nearly five weeks after she vanished and have vowed to continue their investigations to determine whether the 22-year-old accused acted alone.
Victoria Police Chief Commissioner Shane Patton said the force would allege that Ms Murphy, 51, died on the day of her disappearance outside the central Victorian city of Ballarat, after leaving the family home on February 4.
After Ms Murphy’s disappearance captured the attention of the nation for almost five weeks, Mr Patton said she appeared to have been killed at Mount Clear, about 6km from Ballarat’s CBD, which is near a regional park where extensive searching for her body was undertaken.
The area around Mount Clear is full of goldmining shafts and a significant amount of native bush and introduced species.
Police charged the 22-year-old man, from nearby Scotsburn, with one count of murder.
No details of the alleged crime were aired in court as magistrate Michelle Mykytowycz suppressed the accused’s name, birthdate and full address.
This is despite opposition from media outlets including from The Australian. The interim suppression order was ratified despite the alleged killer’s identity being widely published before the 3.45pm hearing at Ballarat Magistrates Court, about 110km west of Melbourne.
In court, the accused was wearing orange tradie clothes and had long, curly hair and a short dark beard. He sat largely expressionless between two guards in the dock of the corner courtroom as his charge was read out, occasionally turning towards members of the public gallery.
Mr Patton said the accused had not revealed where the body had been placed, and further inquiries were under way. “He has today been charged with the murder of Samantha. We will be alleging that murder occurred at Mount Clear on the day she disappeared,” he said. “The suspect has not disclosed to police where Samantha’s body is.”
It is not believed that the accused is known to the Murphy family and Mr Patton said it was not alleged that the accused had an accomplice, but the investigation was still “far from over”.
He confirmed that police would not claim the alleged murder was because of a hit and run, but a “deliberate attack”.
“Obviously we’re going to be continuing to gather further evidence. We’ll be taking further statements and investigations will continue,” he said.
“We’re still at a critical stage of this investigation, where we are trying to locate Samantha’s body.”
The alleged murderer was arrested by police at dawn on Wednesday and interrogated off and on for close to 36 hours before he appeared in court.
Police did not oppose the suppression order.
Ms Mykytowycz said she treated the issue of open justice “very, very seriously” but full argument on whether the suppression order would continue would be heard on Friday.
A relieved but emotional Mick Murphy – the victim’s husband – said outside his house that the family had been under incredible pressure waiting to find out what had happened. With a shaking voice, he said: “God, the adrenaline with everything that’s been going on, trying to be brave for everybody.
“It’s something you wouldn’t want anyone to experience.
“It’s like someone’s just pulled a pressure valve. It hasn’t been good for a while, nearly five weeks, but we’re doing as good as we can.
“The generosity and support from the community has been just overwhelming.’’
Mr Patton said the family had faced heavy pressure during the investigation phase. “They were under intense scrutiny at the outset and we, Victoria Police, said everyone should keep an open mind and let us go about our business,” he said.
“They have been co-operative with us, they provided everything we needed, and they have had no involvement whatsoever in this matter.”
Police requested 20 weeks to prepare their brief of evidence, which will be submitted to the court for the next stage of the man’s hearing.
Ms Mykytowycz said she was granting an interim suppression order preventing disclosure of the accused’s identity in part because of the significant media interest in the case. “For me it is a balancing exercise between the principle of open justice (and the accused’s right to a fair trial),” she said.
“It’s a high-profile matter and it will continue to be a high-profile matter. I take the principle of open justice very, very seriously. In this instance, I have found reasons that an interim suppression order is necessary.”
Defence lawyer David Tamanika said he was making the move for a suppression order to protect his client’s mental health, despite the man having no history of mental health or drug issues.
“He was only taken into custody yesterday and only charged as of today,” Mr Tamanika told the court. “(There are) mental health challenges which arise from being charged with murder in what is obviously a very high-profile case.
“He’s 22, it’s his first time in custody. There is significant seriousness to the allegation and there may be some risk of self-harm.”
The last sighting of the 51-year-old Ms Murphy is an image captured on her CCTV system before she left her home.
She and her husband had three children and owned vehicle repairs business Inland Motor Body Works. They lived in a luxury home on Ballarat’s outskirts.
The Inland Motor Body Works website described Ms Murphy as the head of administration and “the backbone of the office.” It says her roles include book keeping, finance, “keeping Mick in line as co-owner, plus many more.”
Detective Acting Superintendent Mark Hatt conceded late last month that police feared Ms Murphy might be dead and that “one or more parties” were likely involved in her disappearance.
“Unfortunately, given the time and the fact that we’ve found no trace of her, we do have severe concerns and are very doubtful that she is still alive,” he said.