Trial of teens accused of killing Springfield dad hit by major delays

Springfield Lakes father David Murphy died on his birthday after police allege he was struck in the head with a firearm at the side of a road after chasing two men away from his daughter's home.

Court

IT will be a year before an autopsy report is completed on Springfield Lakes father David Murphy.

The long delay was revealed in Ipswich Magistrates Court when the charges of murder against teenagers Kynan Ignacio Vital and Ethan Maurice McPherson were mentioned yesterday.

Mr Murphy is the father of Vital's former girlfriend Julia Murphy, 20.

He died on his birthday after police allege he was struck in the head with a firearm at the side of a road after chasing both men away from his daughter's home.

Vital's parents were in the Ipswich courtroom when a legal officer with the Office of the Director of Public Prosecutions mentioned both cases before Magistrate Kurt Fowler.

The officer said both young men were remanded in custody and a full brief of evidence was required.

The family of Springfield Lakes man David Murphy outside Brisbane Supreme Court. David Murphy was murdered while celebrating his 49th birthday last month.

A pathologist had advised an autopsy report would take up to 12 months and the DPP sought a lengthy adjournment.

Daniel Hannay, the defence lawyer for Vital, said his client was 19 and his bail application had been refused by the Supreme Court in Brisbane on Tuesday.

Mr Hannay said Justice Davis had noted that the murder allegation involving Vital was not an open and shut case.

Mr Hannay said it was not contested that Vital "wasn't the perpetrator who did the blow that caused the death".

He said for Vital's case to move forward a coroner's report was not required, saying Vital was 19-years-old with no criminal history and faces "what we say is a weak Crown case".

Mr Hannay sought a disclosure date of the prosecution brief of evidence (or partial brief) within 10 weeks, saying he already had 26 civilian witness statements.

Mr Fowler said although the court appreciates a pathologists report would take some time and is out of the DPP's hands, was Vital not entitled to a disclosure of the brief within usual time lines.

A second prosecutor with carriage of the case said the understanding was that the matter would be adjourned between four and six months and that any legal material be sought and disclosed (to the defence) as quickly as possible.

Instead of a lengthy adjournment of many months, Mr Fowler adjourned the matter to January 29, saying there was an expectations of a partial brief of evidence being available before or by that date.

Both Vital, 19, and McPherson, 19, have been charged with the murder of 49-year-old David Murphy at Springfield Lakes on October 19; and lesser offences including assault causing bodily harm and robbery.

McPherson, from Molendinar on the Gold Coast, is also charged with unlawful possession of a weapon - a firearm used to commit an offence.

During Tuesday's unsuccessful bail application by Vital the Supreme Court heard more details of what the Crown case would be alleging against the teenagers.

The Supreme Court heard it was not Vital who delivered the fatal blow.

It was alleged Vital had left Ms Murphy's apartment earlier that night after she called her father and left with McPherson in a white ute that was then pursued by David Murphy and another male in a car.

The court heard McPherson is alleged to have got out of the ute with a firearm. And Vital had fought with the second male.

Vital's legal argument was that he'd not known his friend had a gun. And not known he'd been fatally struck with Vital himself allegedly being assaulted by a male through an open window of the ute.

Justice Peter Davis said it seemed that it had been McPherson who hit Mr Murphy on the head with a gun causing him to fall to the ground.

The Crown case also alleges Vital then went back to Ms Murphy's home, demanding her phone and punching her several times.

Justice Davis denied his bail application, finding the behaviour being alleged that night against Vital was erratic and violent.

Mr Murphy's wife Cinnamon spoke to media outside the Brisbane court complex about her husband, saying they'd been married 20 years and he had been a good person, and the love of her life.

Originally published as Trial of teens accused of killing Springfield dad hit by major delays