Shane Barker murder trial: Jury questions earn rebuke from Justice Robert Pearce
For the second time in the trial of an East Coast couple who have pleaded not guilty to the murder of Shane Barker, Justice Robert Pearce has been forced to address a wayward jury question.
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WEDNESDAY, MAY 10, AFTERNOON:
For the second time in the murder trial of an East Coast couple who have pleaded not guilty to shooting their daughter’s ex-husband to death, a judge has reminded the jury to focus only on the evidence.
Swansea duo Cedric Harper Jordan, 71, and his wife Noelene June Jordan, 68, are on trial in the Launceston Supreme Court, where they stand accused of murdering Campbell Town man Shane Geoffrey Barker, 36, on the evening of August 2, 2009.
Their trial continued on Wednesday, where the day began with Justice Robert Pearce reminding the jury to put peripheral considerations from their mind.
His comments came in response to a juror asking how long Mr Barker’s 2 East St residence had been vacant for during the jury’s site visit on Tuesday.
Justice Pearce said that although it was “obvious” the house had been vacant for some time, unless there was specific evidence given on the matter, it was a fact the jury need not know.
His comments were the second such time he had spoken on the matter.
Last week, Justice Pearce brought up in court the fact that a juror had asked whether they would be able to see where Mr Barker was buried during the site visit.
He said jurors “must” put that thought from their minds, as it was not relevant to the trial at hand.
Witnesses continued giving evidence on Wednesday.
Swansea man Geoffrey Raymond Jones, a shooting buddy of Mr Barker’s, took the stand in the morning.
He told the court that Mr Barker had relayed a conversation he had with Cedric Jordan, where Cedric allegedly told Mr Barker he wouldn’t have full custody over the defendant’s granddaughter “except over my dead body”.
Earlier in the trial, Crown prosecutor Daryl Coates told the court that the defendants were motivated to kill Mr Barker partly over fears that the deceased would attempt to gain full custody over the daughter he shared with ex-wife Rachel Bowden (nee Jordan), their daughter.
The trial continues on Thursday.
THURSDAY, MAY 4, MORNING: The daughter of an East Coast couple charged with murdering her ex-husband has told a trial she was intoxicated and her relationship was breaking down when she told her boyfriend in 2016 she had wanted the deceased gone.
Evandale woman Rachel Louise Bowden (nee Jordan) gave evidence for a third day in the murder trial of her Swansea parents Cedric Harper Jordan, 71, and Noelene June Jordan, 68, in Launceston Supreme Court.
The defendants have pleaded not guilty to murdering Campbell Town man Shane Geoffrey Barker, 36, their former son-in-law and the father of their granddaughter, by shooting him to death on August 2, 2009.
On Wednesday, the jury heard an intercepted conversation on September 16, 2016, between Ms Bowden and her boyfriend at the time, Justin Titley, who will give evidence later in the trial.
It is the Crown’s case that in the recording, Ms Bowden can be heard to say, “I wanted him to be killed. I hated him. I didn’t want him alive in our f---ing lives.”
Defence counsel for Noelene Jordan, Fran McCracken, asked Ms Bowden on Thursday about this conversation with Mr Titley.
Ms Bowden told the court that by September 2016, her relationship with Mr Titley was on the rocks following seven years of “rumours and finger-pointing” regarding the case, leading to paranoia.
“We had lots of conversations around that time when we started to have suspicious minds with all the rumours,” she said.
“There was tension in the air all the time.”
Ms Bowden said that she and Mr Titley had started speaking to each other like “pigs” by this time and that she said it to emphasise the cloud of “doubt” that hung over both them and the defendants as suspects to Mr Barker’s alleged murder.
The court was told that Ms Bowden and Mr Titley were also intoxicated when they had the September 16 conversation.
The trial continues on Friday.
WEDNESDAY, MAY 3, AFTERNOON: The daughter of an East Coast couple accused of shooting dead her ex-husband has told her parents’ murder trial she doesn’t “remember” telling her former boyfriend she had a “sixth sense” the deceased would disappear from the picture.
Evandale woman Rachel Louise Bowden (nee Jordan) continued to give evidence on Tuesday in the trial of her Swansea parents Cedric Harper Jordan, 71, and Noelene June Jordan, 68.
The pair has pleaded not guilty to murder over the shooting death of Campbell Town man Shane Geoffrey Barker, 36, on the evening of August 2, 2009.
A number of intercepted communications made by Ms Bowden, against whom there is no allegation of wrongdoing, were played to the jury.
A recording of a conversation between Ms Bowden and her then-boyfriend Justin Titley on September 16, 2016, captured Ms Bowden telling him she “hated” Mr Barker, “wanted him to be killed” and “didn’t want him alive in our f---ing lives,” Crown prosecutor Jack Shapiro submitted.
Mr Shapiro said the recording also captured Mr Titley asking Ms Bowden whether she remembered a conversation she had with the defendants in 2009 about hiring a “hitman”.
Ms Bowden was asked whether she recalled making those statements and whether they accurately captured her feelings towards Mr Barker.
“I don’t recall… I can’t remember what I thought back then,” she said.
The prosecutor further asked whether Ms Bowden told her daughter on the night of Mr Barker’s death that she would “never have to go back there (her father’s house) again”. Ms Bowden replied, “I don’t recall.”
It was also put to her that Mr Titley, upon hearing this remark at the time, asked her what she meant by it and that she responded by saying she had a “sixth sense” there would be no more visits to her father’s.
“I don’t remember (that),” Ms Bowden responded.
Another intercepted telephone conversation between Ms Bowden and Noelene Jordan played to the court allegedly captured the pair in whispered conversation expressing fears that Ms Bowden’s Evandale residence had been bugged by Tasmania Police.
The Crown also played to the jury a recording of Noelene Jordan on the phone to her daughter on September 20, 2009, where the defendant tells Ms Bowden that the pair weren’t in Swansea on the night of Mr Barker’s death like they told police.
“We lied,” Noelene told her daughter.
“(We were) actually at KFC Kings Meadows.”
“Oh, were you,” Ms Bowden replied.
Later in the conversation, Noelene said, “If we say we were down there, they’ll say it was us.”
Justice Robert Pearce told the jury it was for them to decide what the recordings captured.
The trial continues on Thursday.
WEDNESDAY MAY 3, MORNING: The daughter of an East Coast couple accused of murdering their ex son-in-law, the woman’s former husband, has been questioned extensively on whether she knew of the existence of the alleged murder weapon and her feelings towards her ex.
Evandale woman Rachel Louise Bowden (nee Jordan) continued to give evidence on Tuesday in the trial of her Swansea parents Cedric Harper Jordan, 71, and Noelene June Jordan, 68.
The pair have pleaded not guilty to shooting Campbell Town man Shane Geoffrey Barker, 36, to death on the evening of August 2, 2009.
Crown prosecutor Jack Shapiro asked Ms Bowden, against whom there is no allegation of wrongdoing, whether she ever talked of hiring a “hitman” to have Mr Barker killed. She responded that she “can’t recall saying that”.
He asked whether she ever said she “didn’t want him alive in her (the daughter she shared with Mr Barker’s) f---ing life”. Ms Bowden responded, “I don’t recall saying that.”
Mr Shapiro asked whether she ever expressed that she “hated” Mr Barker, to which she replied, “I don’t remember saying it.”
The prosecutor further asked whether Ms Bowden told her daughter, on the night of Mr Barker’s death, that she would “never have to go back there (her father’s house) again”. Ms Bowden replied, “I don’t recall.”
Earlier, Mr Shapiro questioned Ms Bowden about her knowledge of a .22 pump-action rifle.
It is the Crown case that this unregistered firearm came into the defendants’ possession via Noelene Jordan’s infirm father Noel Jetson.
The gun that shot Mr Barker four times has never been discovered.
Ms Bowden said that while she was aware Mr Jetson possessed firearms, such as a .270 hunting rifle, she had never seen a .22 pump-action rifle.
Mr Shapiro asked Ms Bowden whether she recalled having a telephone conversation with her brother in November 2016 about the rifle in question and her knowledge of it being disposed of.
“I don’t remember saying that,” she said.
Audio of the telephone call in question was then played to the court. It captured Ms Bowden and her brother discussing the rifle and that it was “gone, disappeared”.
Ms Bowden continues to give evidence.
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