Four people accused of murdering Ballarat mother Kobie Parfitt have argued the prosecution case against them is speculation without evidence to prove the charge.
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Barristers for Shannon Jeffrey, Brendon Prestage, Jacob Ford and Renee Reynolds raised issues with the case during a hearing in the Supreme Court that they say affect their pre-trial defence response.
The prosecution lodged a 46-page summary of offending with the court this month after a magistrate committed the four accused to stand trial in the Supreme Court in December 2021.
There is absolutely not a skerrick of evidence that is what happened.
- Christopher Pearson, defence barrister
Defence barrister for Jeffrey, Michael Pena-Rees, requested the prosecution provide more detail about how the murder charge is alleged, referring to the prosecution summary as 'speculation'.
"The descriptor is the deceased was assaulted by Jeffrey which resulted in her death," he said at court on Friday morning.
"Nothing further is said about it ... it doesn't clearly explain anything ... What is the act that causes the death?
"There is no evidence about Ms Jeffrey attending at Snake Valley, there are no telephone records.
"If the matter is to proceed to a trial it needs to have some aspects of those basis for the Crown to rely on."
Crown prosecutor Stephanie Clancy said the prosecution could not provide further detail on the cause of death.
Judicial Registrar Tim Freeman said he understood it to be a circumstantial prosecution case.
"The evidence of the pathologist makes it clear the Crown concedes that due to the state of decomposition of the deceased, a cause of death can't be determined in that manner," he said.
"That is not an altogether unusual example, take for example a murder prosecution where there is no body located.
"There is no evidence in that case of causation or specific detail on what caused the death, but that doesn't mean the matter can't be prosecuted.
"The Crown case as I read it is the deceased was, at some period of time between them all attending at the premises and then at Snake Valley where the mine shaft was located, assaulted resulting in her death."
Each accused is charged with one count of murdering Ms Parfitt on April 28, 2020 and all have pleaded not guilty.
The prosecution allege Ms Parfitt, 43, was killed at her Hickman Street home, before her body was dumped down a mine shaft in Snake Valley that night.
Police found human remains in a mine-shaft at Snake Gully on December 22.
Mr Clancy said the prosecution had complied with orders to provide an indictment and summary of offending and a magistrate considered there was sufficient evidence for the case to go to trial.
"Ultimately the Crown submission is there is a circumstantial case that the jury can so be satisfied of the element of causation," she said.
"The prosecution has outlined the evidence it will rely on at trial to establish the accused is complicit."
Mr Pena-Rees said it was helpful to know the prosecution could not provide more particulars on the alleged assault and murder and he would now file a written defence response to raise pre-trial issues.
Defence barristers for Ford, Reynolds and Prestage shared concerns that allegations of their clients' involvement in the murder were based on speculation rather than evidence.
The court heard the prosecution case alleges the three co-accused assisted Jeffrey by removing Ms Parfitt's body, transporting it to Snake Valley and dumping it down a mine-shaft.
"There is absolutely not a skerrick of evidence that is what happened," defence barrister for Ford, Christopher Pearson, said.
"The prosecution is endeavouring to go before a jury with a proposition that is not based upon any evidentiary basis but a purely speculative position on what Mr Ford could have done.
"I want to make an application for a permanent stay of the indictment that has been filed."
Defence barrister for Prestage, Tim Marsh, agreed and said he would outline the issues in his written defence response.
"There is no evidence of an agreement, no evidence of Prestage's presence at the time of a murder, no evidence of what the murder was, no evidence the deceased body was transported anywhere on the day of the offence, no evidence the body was placed in a mine-shift," he said.
"I don't suggest the prosecution is hiding some secret stash of evidence. They are putting their case at its highest and it just happens that it is based on speculation."
Magistrate Ron Saines handed down his findings from a four-day committal hearing on December 3 at the Ballarat Magistrates' Court, finding there was sufficient evidence for the case to proceed to trial.
He said there was evidence Jeffrey had a 'serious grievance' with Ms Parfitt and 'feared the gravest of danger' from her and others who 'may be willing to assist'.
He also said evidence showed all four accused were with Ms Parfitt at times on the day and prior to her death 'in circumstances which demonstrate some level of control, if not intimidation'.
During the committal hearing, Detective Senior Constable Jason Stewart said there was no DNA or eye witness accounts for the murder, but there was a 'strong, clear inference that can be drawn'.
The defence teams will be required to file written responses to the prosecution case to the court next week and will return to court for another hearing in April.
It is expected discussions on pre-trial issues will continue on that date.
Ford, Prestage, Jeffrey and Reynolds will remain in custody.
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