Mackay sisters call for review after Rockhampton DPP drops three homicide cases

A family has called for an external review into a regional Queensland crown prosecutions office after it dropped three homicide cases within seven months.

Gerry Miltenburg. Gerry, 83, was tragically killed in a plane crash at Ball Bay on Christmas Eve 2021. Picture: Supplied by family

A family has called for an external review into a regional crown prosecutions office after it dropped three homicide cases within seven months, labelling the system “broken”.

But the Office of the Director of Public Prosecutions has defended its decision.
One case involved the death of Gerardus Miltenburg — beloved father to Suzanne Beardsell, Josephina Giles and Annette Ellen — killed when the plane he was a passenger in crashed at Ball Bay on Christmas Eve 2021.

After a 14-month investigation police charged pilot Peter Thomas McDougall with manslaughter and he was committed to Mackay Supreme Court.

But it never went any further with the Rockhampton Director of Public Prosecutions office discontinuing the case at the end of its six-month deadline to indict in that higher court.

Ms Giles was blindsided by the decision.

“The fact that the DPP never told us their intentions until the very last day of the six months — that’s cutting us up big time,” she said.

“We were waiting the whole six months expecting charges, we were anticipating on going to court and seeing this matter through.”

In an email sent to Ms Beardsell, Rockhampton principal crown prosecutor Josh Phillips stated the evidence gathered by police was not enough to allow his office to prove beyond reasonable doubt what caused the engine to fail mid-air.

Mr McDougall still facing a raft of charges from the Civil Aviation Safety Authority that are heading for the district court.

The sisters felt the DPP had told them their father’s case was not proceeding at the last moment, without even giving them an opportunity to process it was a possibility.

Josephina Giles, Annette Ellen and Suzanne Beardsell Sunday 10 November 2024 Picture: Michaela Harlow

‘Something has to change’

Mr Miltenburg’s case was the second of three Mackay region homicide cases the Rockhampton office decided not to proceed with since September 2024.

All Mackay Supreme Court matters are handled by the Rockhampton chamber.

“We’re very angry,” Ms Giles said, adding they felt like the whole process was broken.

“It’s frustrating, something has to change,” Ms Beardsell said.

It is also understood the Rockhampton office had intended not to proceed with a fourth matter involving the death of Rene Latimore in 2021, however it has since been taken over by the Brisbane office and is currently ongoing in court as a murder case.

When contacted by this publication an ODPP spokesman said this matter was still subject of an active prosecution before the Mackay Supreme Court and as such, “it is not appropriate to comment while this matter is before the court”.

Rene Latimore, 31, was reported missing from the Koumala area on August 18, 2021. Her body was found on August 30.

Ms Ellen believed there should be an external view from outside the department “because they’ve only reviewed within themselves”.

The ODPP spokesman said all homicide prosecutions underwent a “rigorous review process by senior and experienced crown prosecutors and any decision to terminate a prosecution requires the approval of the director”.

He said the three matters raised complex legal and evidential issues that needed careful consideration and analysis of the available evidence, the basis of criminal liability, the exclusion of all available defences, and the exclusion of any innocent hypothesis open on the evidence in each case.

“Each of the matters was considered at length, extensive consultations took place with police and secondary victims, and they were provided with an opportunity to further investigate matters or address the prosecution’s concerns,” the spokesman said.

“It was determined in each instance that the matters did not have reasonable prospects of success.

“The final decision in each instance of the principal and senior crown prosecutor from Rockhampton Chamber was supported and endorsed by the director. The reasons for each of the discontinuances was provided to police and the families involved.”
 

Fatal plane crash at Ball Bay, north of Mackay, on Christmas Eve 2021. Photo: Janessa Ekert

‘Complex nature of this particular case’

The ODPP spokesman said crown prosecutions took carriage of the case involving Mr Miltenburg after it was committed to the supreme court and they continued liaising with police over six months.

“Given the complex nature of this particular case, and engagement with investigators about gaps in, and limitations of, the available evidence, additional time was spent examining and re-examining the matter before the final decision was made,” he said.

The DPP does not have to indict on the same charge that was committed in the magistrates court and there are cases where charges have both been upgraded and downgraded on indictment in the higher court.

“The primary test for the institution of a prosecution is that there is a reasonable prospect of success. The evidence gathered by police must be of a sufficient quality to prove the constituent parts of the charge under consideration, beyond a reasonable doubt,” he said.

“It is never in the public interest to bring or continue a case that does not have reasonable prospects of success at trial.”

Mackay has not had an in-house crown prosecutions team for about a decade with cases taken on by the Rockhampton chamber.

However in the past 12 months, all district court matters have since been redirected to the Townsville DPP team while supreme court matters still go through Rockhampton.

Gerry Miltenburg. Gerry, 83, was tragically killed in a plane crash at Ball Bay on Christmas Eve 2021. Picture: Supplied by family

‘Family still pushing for answers’

Ms Beardsall also sent a query to the DPP feedback and complaints team in April questioning why her father’s case was dropped when what she believed was a similar case against a licensed pilot charged over a fatal plane crash proceeded in the higher court.

Although the charges in this case were different, the sisters believed it showed their father’s matter should have gone before a jury to determine the outcome.

When asked about this the ODPP spokesman said the office had already discussed these issues with the family.

“The circumstances of each of the deaths will be considered by the Coroner and can be the subject of further proceedings if additional evidence comes to light via that process or further police investigation,” the spokesman said.

When asked if Premier David Crisafulli would support an external review into the decision making process a spokesman sidestepped answering directly and instead said, “We must do more to support victims through the justice process which is why we are already delivering better advocacy and support”.

He also spruiked a $12m boost to the DPP towards resources and staff.

But Mr Miltenburg’s family said they still felt left in the dark.

Originally published as Mackay sisters call for review after Rockhampton DPP drops three homicide cases