Lawyers want murder charges dropped in Pullen case
DEFENCE lawyers for the four men accused over the alleged murder of Mackay man Timothy Pullen have each made submissions for the charges to be downgraded and dropped for one man.
Barrister Gregory McGuire for Zane Tray Lincoln, 37, who is charged with murder, said the crown case could not prove that an intentional killing was a probable consequence of a plan to take Mr Pullen away.
Mr McGuire said the proper inference from evidence given during a committal hearing in the Mackay Magistrates Court was that Mr Pullen had been taken away from the Valley St unit and handed over to somebody else to pay off a debt owed to them.
"A properly-instructed jury could not draw the inference beyond that a killing might be a probable consequence rather than an intentional killing," Mr McGuire said.
He submitted the appropriate charge for Lincoln should be manslaughter.
Barrister Andrew Boe for Benjamin Francis Graeme Oakley, 27, who is charged with murder, made a no case submission for his client.
Mr Boe said there was no evidence to suggest Oakley inflicted any serious harm on Mr Pullen.
"There is no sensible basis to attach criminal liability to Oakley merely from his attendance at the unit," Mr Boe said.
There was no evidence of what happened inside the unit or the state of Mr Pullen's health at the time, he said.
If Magistrate Damien Dwyer disagreed with the no case application, Mr Boe submitted Oakley's charge should also be downgraded to manslaughter.
Barrister John Jacob for Stephen Dale Renwick, 39, also submitted his client's charges be downgraded to manslaughter and accessory to manslaughter.
He said the crown case at its highest was that Renwick was identified as one of the men at the unit.
Emma Fogerty for Luke Shayne Kister, 25, also submitted her client's charge be downgraded to accessory to manslaughter.
Mr Dwyer adjourned the matter for two weeks for his decision.
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