Elizabeth Struhs death: Religious leader charged with girls murder makes bizarre jury claim in co
The leader of a religious circle accused of killing an eight-year-old girl has bizarrely claimed in court the group didn’t believe they would get “any more justice” from a jury at their upcoming trial.
Brendan Luke Stevens was told to settle down by Justice Martin Burns as he complained about not being to discuss the upcoming trial with his co-accused while in pre-sentence custody, despite the judge stating he received “no response” when the group was asked if they had requests to meet ahead of their court appearances.
Mr Stevens is one of 14 people charged over the death of Elizabeth Struhs in Toowoomba, west of Brisbane, last year.
Brisbane Supreme Court was on Friday told a judge-only trial may be the appropriate way forward after all defendants said they would not be seeking jury trials.
Mr Stevens told Justice Burns: “We don’t believe we will get any more justice from a jury than we believe we will already get without one.”
He said the group didn’t have access to get on emails or a phone from prison, to which Justice Burns replied “Yes, you do.”
“I’ve set up a protocol for contacts, there’s any number... Corrective Services are on board with this,” Justice Burns said.
“It was indicated to you if you wanted to meet in advance, that could be arranged. All you needed to do was make a request, and I would do my best to facilitate it.”
Elizabeth was found dead at her family’s Rangeville home on January 7 last year.
Police have charged Mr Struhs and Mr Stevens with her murder.
The girl’s mother Kerrie Elizabeth Struhs, her older brother Zachary Alan Struhs and 10 other people - Loretta Mary Stevens, Acacia Naree Stevens, Therese Maria Stevens, Sebastian James Stevens, Andrea Louise Stevens, Camellia Claire Stevens, Alexander Francis Stevens, Lachlan Stuart Schoenfisch, Samantha Emily Schoenfisch and Keita Courtney Martin - are facing charges of manslaughter.
All 14 co-accused are members of a small religious circle, led by Brendan Stevens, that allegedly shunned medical intervention, instead believing in the healing power of God.
Police allege the group withheld Elizabeth’s lifesaving diabetic medication for days before her death.
They are alleged to have instead prayed for God to “heal” the girl rather than seek medical attention.
During Friday’s trial review Mr Stevens said the group had first requested to be able to meet together prior to proceedings in April, claiming it was “never organised”.
“Just settle down, it’s okay,” Justice Burns said.
He said arrangements would need to be made with Corrective Services to allow the co-accused to be together before another hearing date.
“The ultimate solution for this, which you won’t like to hear, is to apply for bail,” Justice Burns said.
Crown prosecutor Todd Fuller KC said the prosecution was still waiting on an expert statement on the downloads of the mobile phones, along with an analysis of letters.
A review of phone calls made while they were in custody was also being done, Mr Fuller said.
Previous court hearings have discussed whether all 14 defendants will be tried in different groups, or altogether.
Mr Stevens on Friday told the court none of them sought a jury trial.
Jason Struhs also raised concerns that some members would not get a fair trial if one group was heard before the other.
He also complained about the publicity of the case in the media.
“We’ve already been labelled by the media anyway... they’ve already labelled us all these different stuff,” Mr Struhs said.
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“How can you put it out in the public and trust them?”
Justice Burns said arrangements could be made for their next appearance to bring them to court early, allowing them to meet and discuss the case together.
The group will return to court for another trial review on November 6.
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