Daniel and James Baumgart have murder charges dropped

There has been a huge update in the case brought against two Queensland brothers when the body of a man was found in a ditch near Gympie after their murder charges were dropped.

Two Fraser Coast brothers accused of murder have had their charges dropped after a lengthy period spent in jail on remand.

Daniel Lucas Baumgart, 41, and James Samuel Baumgart, 34, were each charged with murder following the death of Brisbane man Michael Hartley in November 2020.

Mr Hartley’s body was discovered in a ditch near Gympie on November 2, 2020.

Police alleged the brothers, Mr Hartley and a fourth man were involved in a fight at a Maryborough home on November 1, 2020.

Mr Hartley and the fourth man were then alleged to have fled the scene in a ute.

The ute was found abandoned by police that same day after it crashed into a fence at a property more than hour away in Gympie.

Police alleged brothers Daniel Baumgart and James Baumgart, Michael Hartley and a fourth man were involved in a fight at this Maryborough home on November 1, 2020.

Mr Hartley, 43, who was dying from terminal liver cancer and had only just been released from prison, was found dead down an embankment in Gympie on November 2, 2020.

At the time, James Baumgart was taken to hospital with a stab wound to his abdomen, while police launched a search for Daniel in the aftermath of the incident.

He was arrested two weeks later at Mackay Harbour.

Earlier this year, it was expected the brothers would stand trial over the charges after they pleaded not guilty, but this week it was revealed the charges had quietly been dropped by the Department of Public Prosecutions in July this year.

An additional charge of assault occasioning bodily harm while in company was also dropped for each of the brothers.

Brothers Daniel Baumgart and James Baumgart will not face charges of murder after the charges were dropped in July 2023.

It is understood authorities believed there was no prospect of getting a conviction.

James Baumgart briefly appeared before Maryborough Magistrates Court on Tuesday on three charges of possessing dangerous drugs.

The matter was adjourned until December 5, 2023.

The two brothers argued in July, 2022, there was no case against them.

During a court appearance in August last year, acting magistrate Raelene Ellis said the medical report “couldn’t rule out” Mr Hartley’s injury had been caused during the car crash or from falling down the embankment.

The court also heard it was possible the injury occurred during the alleged Maryborough fight with the brothers hours earlier.

Police alleged the brothers Daniel Baumgart and James Baumgart, Michael Hartley and a fourth man were involved in a fight at this Maryborough home on November 1, 2020.

Ms Ellis said the medical report showed Mr Hartley had a “high level of methamphetamine” in his body during the post-mortem that would have meant he could have been “conscious” in Gympie.

The court heard the fourth man had also given evidence that Mr Hartley had been “talking non-sensibly” before the crash.

Ms Ellis handed down her decision in Maroochydore Magistrates Court on August 8, 2022, committing the brothers to the supreme court, but the charges have since been dropped.

Originally published as Daniel and James Baumgart have murder charges dropped