‘Bullet still in him’: Plea to spare survivor of Bogie shooting from further trauma
Lawyers have pleaded for the sole survivor of the alleged execution style murder of three family members over a property dispute to be spared cross examination as disturbing details were revealed. LATEST
Police & Courts
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A grazier accused of the execution-style murder of three family members allegedly said “I’ll end this once and for all” moments before firing his weapon five times, a court heard.
New details in the triple homicide that claimed the lives of Mervyn and Maree Schwarz and Graham Tighe have been revealed, including that the severely traumatised alleged sole survivor still had a bullet lodged in his abdomen.
It was also revealed the gun allegedly used in the shooting deaths had never been found, Bowen Magistrates Court heard.
Police prosecution and lawyers for the man charged with three counts of murder were on Friday embroiled in a legal stoush over whether or not the “only eye witness” and alleged sole survivor should be cross examined when the case is committed to the supreme court.
Ross Tighe suffered a life threatening bullet wound to his stomach after allegedly watching his stepfather, mother and brother gunned down on August 4, 2022 at Bogie.
Hours later he gave a hospital bed interview to police, captured on an officer’s bodyworn camera, detailing what unfolded in the lead up to the tragedy that sent shockwaves across the district.
Police allege about 7.05pm on August 3, murder accused Darryl Valroy Young had a four-minute phone call with Graham to organise a meeting early the next morning at the front gate of his property Shannonvale, Sergeant Emma Myors said, giving the court a “simplified” rundown of the police case.
The court heard allegations there had been an ongoing dispute between the two groups about property boundary lines, a water bore and the return of cattle.
It is further alleged Young then phone another person about 8.05pm that same night and allegedly offered that person “$500 a day to do someone in for me”.
Sergeant Myors said on August 4 the four family members allegedly travelled to the meeting in two different vehicles – Graham and Ross in one, arriving about 7.45am, and Mervyn and Maree in the second arriving about 7.55am.
The court heard it was alleged Young was already there on the inside of the property fence line.
Sergeant Myors said it was alleged there was some discussion between the group before Young said “I will end this once and for all” before getting a firearm from his vehicle and shooting the four victims.
The court heard Ross allegedly witnessed Young shoot each victim.
It is alleged the Scwarzs and Tighes were not armed and no firearm was found in their vehicle during the police search.
Barrister Douglas Wilson was pushing to question Ross Tighe further on the circumstances leading up to and surrounding the shooting event including interactions between the deceased and Young in relation to the ongoing dispute.
Mr Wilson said Ross was an essential witness, “an eye witness … to a very, very significant set of charges” that had “very serious consequences for Mr Young if he’s convicted.
The court heard if convicted Young, 61, would be jailed for like with a 30-year non parole period.
But Sergeant Myors argued the required information was covered extensively in his initial interview with police in hospital, the official statement given on August 5 and a further statement on September 2.
Sergeant Myors said each version had been consistent and corroborated by alleged evidence at the scene as she argued against subjecting Ross to cross examination for what she labelled as “merely … a fishing expedition”.
‘THIS IS A MAN WHO WITNESSED THE ALLEGED MASS MURDER’
“This is a man who witnessed the alleged mass murder of his close family members – his mother, his stepfather and his brother,” Sergeant Myors said.
“He has a permanent physical reminder of this incident … there is a bullet that remains lodged in his body that could not be removed.”
The court heard he had been diagnosed with “severe post traumatic stress disorder” that would be severely aggravated.
When police became aware of the shooting about 9am that morning and later attended officers found the bodies of the three victims at the front gate of Shannonvale.
Mr Wilson said the firearm involved in the shootings had never been found – he also argued it was not a fishing expedition, especially in the context of a triple murder and attempted murder.
Sergeant Myors told the court police recovered four fired cartridges at the scene “in the immediate vicinity of the deceased victims” as well as one spent cartridge and a partial packet of unspent ammunition at Young’s home.
“The four fired cartridges at the scene have been ballistically matched to the one spent cartridge (allegedly) at (Young’s) dwelling to be fired from the same gun,” Sergeant Myors said.
The court heard those cartridges and the unspent ammunition “have been ballistically matched to share the same design and construction features”.
Magistrate Michelle Howard reserved her decision.
The matter has been adjourned to April 12.
Armed police request as Bogie triple murder case hits key milestone
Police have pushed to “bolster” security inside the Bowen courthouse as a failsafe as members of triple murder accused Darryl Young’s family as well as loved ones of his alleged victims are expected to be in the gallery.
This will be the first time “issues of substance” and potentially evidence was disclosed, police prosecutor Sergeant Emma Myors told the court Friday morning.
Mervin Schwarz, 70, Maree Schwarz, 59 and Maree’s son Graham Tighe, 35 were allegedly shot to death execution-style on August 4, 2022.
Their neighbour Darryl Valroy Young, who is accused of their deaths, is charged with three counts of murder.
The 60 year old grazier, who has been in custody since his arrest, is also charged with the attempted murder of Graham’s brother Ross Tighe who is alleged to be the sole survivor.
Emergency crews were called to the remote property in the early hours that Thursday after reports of multiple casualties following a shooting incident west of Bowen.
Police allege Young had invited the Schwarz family for a chat about disputes over borderline and unbranded cattle, and then shot them at close range with a rifle at the front gate of his Shannonvale property.
Mr Tighe also suffered a gunshot wound to the stomach and it is alleged he was able to escape and get to a neighbouring property to raise the alarm.
Sergeant Myors requested that police armed with firearms be allowed to be present in the courtroom for a directions hearing scheduled, during which there will be discussions about the cross examination of certain witnesses.
“Given that this is a high profile case involving very serious charges, and given that there is a distinct lack of court security,
“We are advised that members of each party’s family will be … in court today.
“This is essentially the first time that there will be issues of substances discussed in relation to witnesses and perhaps even some evidence.
“For those reasons in my submission we seek to bolster court security by having police … merely in the court precinct should they be required … if anything occurs.”
The three officers are not stationed in the courtroom, but within the precinct.
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