Lawyers for Rajwinder Singh and the Crown to meet next Wednesday following hung jury in Toyah Cordingley murder trial

Questions of a bail application, and when, where and how a new trial will be run may be raised in the Cairns Supreme Court when legal representatives for Rajwinder Singh and the Crown meet again next week.

Office of the Director of Public Prosecutions barristers Nathan Crane and Hannah McNeale leave the Cairns Supreme Court with a police officer after a hung jury was declared in the murder trial of Rajwinder Singh, who has pleaded not guilty to the murder of 24 year old Cairns woman Toyah Cordingley on Wangetti Beach on October 21, 2018. A date will now be set for a retrial. Picture: Brendan Radke

Lawyers will discuss the timing of a retrial of Rajwinder Singh, 40, on a charge of murder, and a possible bail application when they meet again in the Cairns Supreme Court next week.

Mr Singh was tried this month for the murder Toyah Cordingley, 24, who was stabbed repeatedly on the quiet Wangetti Beach, south of Port Douglas, on October 2021, 2018.

Ms Cordingley’s body was found in a shallow grave in a sand dune day after her death, and Mr Singh was arrested and charged with murder in 2022.

The trial lasted three weeks, involved many witnesses and complex expert evidence, and ended in a hung jury.

The jury was discharged on Tuesday when they told the judge they were “deadlocked”, and were unable to reach a unanimous verdict after two-and-a-half days of deliberations.

After Justice Henry discharged the jury, he spoke to Crown prosecutor Nathan Crane and defence barrister, Angus Edwards KC, about the need to “promptly” relist the trial and listed the matter for mention on Wednesday, March 26 at 9am.

Office of the Director of Public Prosecutions barristers Nathan Crane and Hannah McNeale leave the Cairns Supreme Court with a police officer after a hung jury was declared in the murder trial of Rajwinder Singh, who has pleaded not guilty to the murder of 24 year old Cairns woman Toyah Cordingley on Wangetti Beach on October 21, 2018. A date will now be set for a retrial. Picture: Brendan Radke

He mentioned that the court calendar was largely planned for the year, but it might be possible to reschedule the trial for September.

Justice Henry said he would not preside over a September trial, as he was not available at that time, but another visiting judge may be able to sit in Cairns for a trial if there was budget and availability within the judiciary.

He noted that a new trial would likely take a similar time as the first trial.

“I appreciate the evidence won’t be identical necessarily the second time – there might be variations – but it’s difficult to imagine a material change to the approximate operative length of time of three weeks before the jury goes out,” Justice Henry said.

Justice Henry asked both barristers if they had submissions about whether the retrial should be held in Cairns or elsewhere.

Justice Henry noted that many people in Cairns would know details from the trial if they read the news or watched television.

Rajwinder Singh has formally entered a plea of not guilty to the murder of Toyah Cordingley. Sketch: Julie Haysom

This may go towards the issue of choosing an impartial jury.

Justice Henry told the original jury on the day they were selected that it was important that they were not only impartial, but seen to be impartial.

He said if they had expressed views on the case or had any concerns, they should speak up before empanelment.

Neither Mr Crane nor Mr Edwards raised concerns about the trial being heard in Cairns again.

Justice Henry also said he saw no need to move the trial.

They did not discuss the prospect of a judge-alone trial, which is allowable under Queensland legislation, on application to the court by the prosecutor or the accused person.

Justice Henry asked both barristers to confirm by Friday when they were available and when witnesses were available ahead of the mention next Wednesday.

Originally published as Lawyers for Rajwinder Singh and the Crown to meet next Wednesday following hung jury in Toyah Cordingley murder trial