Parents, religious group the Saints guilty of manslaughter of Elizabeth Struhs

The parents of eight-year-old diabetic Elizabeth Struhs have been found guilty for their involvement in the girl’s death, after they withheld her lifesaving medication.

Elizabeth Struhs.

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The parents of eight-year-old diabetic Elizabeth Struhs have been found guilty for their involvement in the girl’s death after they withheld her lifesaving medication.

Justice Martin Burns delivered his judgment of the 14 members of the fringe Christian group from the regional Queensland town of Toowoomba on Tuesday at Brisbane Supreme Court, finding all 14 guilty of manslaughter.

Elizabeth, a type-1 diabetic, was found dead on January 7, 2022, days after her essential insulin was withheld for several days as they put their faith in God to save her.

The group believed the child would rise from the dead, and prayed and sang over her body for more than 36 hours before calling triple-0.

Elizabeth’s father, Jason Struhs, 53, and the group’s leader, Brendan Stevens, 63, were initially charged with murder by reckless indifference, a first in Queensland. However, in the full judgment published online, Justice Burns said he could not be satisfied the men truly believed the child would die.

Instead, they were both found guilty of the lesser charge of manslaughter. The judge noted the charge of murder by reckless indifference was “subjective”.

“At some point between the time when the decision was made by Jason Struhs to cease the administration of insulin to Elizabeth (Monday, 3 January 2022) and the time when she died (Friday, 7 January 2022), he knew his failure to provide her with insulin and/or medical care and treatment would probably cause her death, Mr Struhs could not be guilty of murder,” Justice Burns said.

“Nothing less than a full realisation on his part that Elizabeth would probably die as a consequence of his failure to act would be sufficient to establish murder in this way, that is, murder by reckless indifference to her life.

“Similar considerations applied in the case against Brendan Stevens for murder.”

The little girl’s mother Kerrie Struhs, 49, was found guilty of manslaughter.

“Like her husband, when her conduct was viewed objectively, it must be seen as having involved grave moral guilt and disregard for human life,” Justice Burns said.

All other 11 members of the group were also convicted of manslaughter. These include Elizabeth’s brother Zachary Struhs, 22, Mr Steven’s wife, Loretta Stevens, 67, and their children Camellia Stevens, 29, Andrea Stevens, 35, Alexander Stevens, 26, Acacia Stevens, 32, and additional members Samantha Schoenfisch, 26yo, Lachlan Schoenfisch, and Keita Martin, 24.

Justice Martin said the group placed pressure on Mr Struhs to withhold the medication.

“I was satisfied that each both counselled and aided the unlawful killing of Elizabeth by intentionally encouraging Jason Struhs to cease providing insulin as well as medical care and treatment to Elizabeth and by intentionally supporting his choice to continue to do so,” he said.

“Accordingly, each was guilty of manslaughter.”

Outside of the court, Elizabeth’s older sister Jayde Struhs told the media justice had finally been delivered for her little sister.

Jayde Struhs outside the Supreme Court on Wednesday. Picture: NewsWire

“It’s been a long and hard three years,” she said.

“Not a moment has gone by that I haven’t thought about my little sister, Elizabeth.

“I think the court made the right decision, and I’m relieved that those responsible were found guilty for their actions.”

The estranged eldest child of the Struhs family is currently suing Queensland government for negligence over the death

“Although we had a good outcome, today, I have to acknowledge the system failed to protect Elizabeth in the first place,” Ms Struhs said.

“We are only here today because more wasn’t done sooner to protect her or remove here from an incredibly unsafe situation in her own home.”

Elizabeth had almost died from ketoacidosis in 2019 before she was diagnosed, after her mother refused to allow Elizabeth’s father to take the girl to a doctor due to her devout beliefs.

Days after the onset of her initial symptoms, Mr Struhs carried the comatose girl into the emergency Toowoomba Base Hospital, and despite her brain bleed and kidney failure, Elizabeth fully recovered.

Her father took on the responsibility of giving the then-six-year-old her insulin, with a Queensland Health treatment plan document he signed during this period crucial to the prosecution’s murder case as it proved he knew the medication was essential.

Ms Struhs was charged with failing to provide Elizabeth the necessities of life and sentenced to a year in prison. However, she only served five months, and was released in December 2021.

The courts believed Elizabeth was safe in her father’s care, no the wiser that after more than a decade of resisting the group, he had been baptised just months prior in August.

The prolonged trial was heard over nine consecutive weeks in a specially modified courtroom that allowed the 14 self-represented defendants to sit together in a makeshift dock.

No member of The Saints entered a plea, and they were often seen whispering, praying and giggling as the Crown prosecutor Caroline Marco worked her way through the more than 60 witnesses called to give evidence.

Even the overflow courtroom was standing room only to hear Justice Burns’s judgment, which last only 17 minutes as the defendants heard their fate. The full 469-page decision was simultaneously uploaded online.

Justice Burns pushed the group to get legal representation ahead of the sentencing, which is due to take place on Tuesday, February 11.

“I have again urged the prisoners to seek legal representation in relation to not just their rights of appeal, but also for the sentence here,” he said.

“It’s by no means too late for lawyers to represent them.”