Colin James Tupper to face committal hearing for attempted murder

New details about the alleged attempted murder of a couple by their 34-year-old neighbour have been heard in a country court, including the unthinkable suggestion one piece of evidence could point to.

A Gympie court has been told new details about the alleged attempted hit and run murder by Colin james Tupper (pictured) of couple Carla and Brett Benson (inset) who were out walking their dog, with police and lawyers battling over the ability to cross-examine witnesses over “inconsistencies”.

New details about the alleged attempted murder of a Southside couple include that the 34-year-old neighbour charged with trying to kill them stopped his car and “revved” the engine before running them down.

Police and defence lawyers battled in Gympie Magistrates Court on Friday over a request by alleged attempted murderer Colin James Tupper’s legal team to cross-examine witnesses on several “inconsistencies” at Mr Tupper’s upcoming committal hearing.

Mr Tupper is charged with two counts of attempted murder, one count of wilful damage, one count of drink driving and one count of failing to remain at the scene and render assistance over the May 22, 2023 incident.

It is alleged Mr Tupper ran down Carla and Brett Benson while they were walking their dogs at night on Sorensen Road.

Mrs Benson suffered multiple serious injuries in the incident to her head and chest and was flown to the Royal Brisbane and Women’s Hospital in a critical condition.

A Gympie court has been told new details about the alleged attempted hit and run murder by Colin James Tupper (pictured) of couple Carla and Brett Benson (inset) who were out walking their dog.

Mr Benson suffered leg injuries and was treated at Gympie Hospital.

On Friday, September 13, defence barrister Nathan Turner and lawyer Kim Turvey asked for permission to cross-examine the Bensons and a third unidentified neighbour.

Mr Turner told the court Mrs Benson did not give her statement to police until five months after the alleged hit and run.

He said she had suffered a “significant degree of amnesia” as a result of her injuries and the defence wanted to “clarify whether her recollection now a year after the incident is any different”.

Mr Turner said there were some “inconsistencies” in statements made to police by Mr Benson as well.

One of these was regarding a claim “neither of us (Mr Benson or Mr Tupper) were yelling” before the incident, and a contrasting one saying “I was yelling out and he was yelling back”.

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Carla Benson suffered multiple serious injuries in the incident to her head and chest and was flown to the Royal Brisbane and Women’s Hospital in a critical condition. Brett Benson suffered leg injuries and was treated at Gympie Hospital.

Another centred on Mr Benson’s claim Mr Tupper had briefly stopped his car and started “revving” its engine before Mrs Benson was struck, the court was told.

Mr Turner said there was no mention of this “revving” in his statement to police in the immediate aftermath.

Clarity was also needed on the timeline of the night’s events, and on whether there was any previous history between Mr Tupper and the Bensons.

The court heard Mr Benson had made a statement “neither Carla nor I have ever met this person before”, but there had also been reference to another incident between them about four weeks earlier when they were walking their dogs.

The defence and police prosecutor Mel Campbell then clashed over the neighbour, who was caught on the officer’s camera speaking with police in the immediate aftermath.

Gympie Magistrates Court heard Carla Benson suffered amnesia as a result of her injuries, and her statement to police was not given until five months after the alleged hit and run. Picture: Christine Schindler

The court heard the neighbour told police Mr Benson had said to him “I can’t believe he’s done that over a bit of weight” and “I can’t believe I’ve just said that”.

Mr Turner put to the court this indicated the possibility of drugs being involved in the lead-up to the incident.

Sgt Campbell strongly refuted this, saying it was “hearsay” and there was “zero evidence” of any drug-related matters in the hit and run.

She said the comment could have easily been about a person’s physical weight.

Magistrate Bevan Hughes granted Mr Turner permission to cross-examine the Bensons and the neighbour, saying it would allow the parties to clarify any issues of dispute ahead of the trial and help to determine evidence around intent.

He ordered Mr Tupper’s committal hearing be set for November 15, 2024, and remanded the 34-year-old in custody.

The court was told Mr Tupper’s defence would not be making any submission he had “no case to answer” at the committal.

Originally published as Colin James Tupper to face committal hearing for attempted murder