DNA testing holds up case against Phillip Alastair Harris charged with 2019 South Toowoomba murder of Peter Weaver

The 30-year-old accused murderer has been held in custody since his arrest in December 2019. Now his case has been delayed again, as a result of turmoil within the Queensland DNA testing lab.

A 30-year-old Toowoomba man held in custody for more than two and a half years on a charge of murder has had his case put back further due to DNA retesting.

Phillip Alastair Harris was first charged after Queensland Fire and Emergency Services crews found the charred and dismembered body of 63-year-old Peter Weaver inside a burnt out Rivett St house in South Toowoomba on the night of December 15, 2019.

Mr Harris was charged with murder, misconduct with a corpse, arson, entering a dwelling with intent and serious animal cruelty arising from the discovery of a dismembered dog’s body found inside the same house.

Police and fire investigators were called to this South Toowoomba home in which the body of a 63-year-old man was found in December 2019. Picture: Kevin Farmer

He has not as yet been required to enter any pleas to the charges.

However, in May, in what was at the time seen as a major step forward in the case, Crown prosecutor Nicole Friedewald presented indictments for those charges before the Toowoomba Supreme Court, clearing the way for the matter to go to a pre-trial hearing.

Mr Harris’s barrister David Jones SC told the court at the time he was still waiting for some prosecution material but was happy for the case to progress to a pre-trial hearing.

However, when the case was mentioned among other matters during a phone-in call-over of matters set for the Toowoomba Supreme Court sittings later this month on Wednesday, the Crown asked for another adjournment because certain evidence had to be retested.

Police and fire investigators at a South Toowoomba crime scene December 16, 2019. Picture: Kevin Farmer

It was anticipated the return date of those tests would not be before November or December, the court heard.

This comes eight months after a Commission of Inquiry into Forensic DNA testing in Queensland revealed catastrophic failings in the state’s DNA testing program leading to DNA retesting of evidence in certain cases.

Justice Brown on Wednesday adjourned Mr Harris’s case to the November call-over of the Toowoomba Supreme Court but requested the Crown provide particulars including exhibits and witness lists by July 21.

Mr Harris was remanded in custody.

Police and fire investigators at a South Toowoomba crime scene following a fatal house fire in Rivett St, Monday, December 16, 2019. Picture: Kevin Farmer