Teen murder trial altered due to political debate on youth crime

The trial of a teenager accused of killing mother Emma Lovell will be conducted without a jury, after a judge found members of the community would be influenced by the debate over youth crime.

Lovell, 41, died in front of her husband and daughters after a violent North Lakes home invasion on Boxing Day in 2022.

Emma Lovell was killed and her husband, Lee, was injured during the confrontation at their North Lakes home.

Two teenagers were charged, with one of them sentenced earlier this year to 14 years’ jail.

The second defendant, who will turn 19 in November, was due to face trial in the final week of the Queensland election campaign. His charges include murder and burglary.

His legal team this week made an application to have the case heard by a judge, not a jury. His barrister submitted dozens of media reports on Lovell’s case and law changes made after her death.

Some of the articles referenced Mr Lovell calling for changes to the justice system, and describing his family’s heartbreak over losing Ms Lovell.

Lee Lovell outside the Supreme Court in Brisbane after the sentencing of the co-accused. Credit: Cloe Read

Barrister Laura Reece said the case was not simply one that had captured initial attention and disappeared from the public eye.

“Ms Lovell’s death has become something of a lightning rod for criticisms of the court system, the laws that relate to young people, and this government’s approach to youth justice generally,” she said earlier this week.

At times throughout the hearing, Justice Peter Callaghan agreed youth crime was a focus of election coverage.

“You can’t go through a day in Queensland at the moment without being confronted with something which suggests youth crime is an issue this election,” he said.

Making his decision on Friday, Callaghan said the youth crime debate would intensify in the lead-up to the October 26 election.

“Indeed, the headlines in today’s media which followed the debate between the party leaders confirmed that this issue is, and will remain, at the epicentre of the election campaign up to, and including, the election day,” Callaghan said.

Callaghan said a judge-only trial was appropriate because jurors would otherwise have to be given directions that would include ignoring aspects of the election campaign, which would cause confusion and frustration.

“To cast a ballot in an election is as sacred a ritual as can be performed in a largely secular society,” he said.

“It is intuitively unattractive to suggest any juror to be directed to refrain from engaging in anything to do with the issue that has been identified by our democratic leaders as being one that is crucial [to the campaign].”

The trial would begin on October 21.

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