September 3rd 2024.
A group of individuals, who were members of a church, have been accused of causing the death of a young girl. The evidence against them includes thousands of text messages that were exchanged among the group. The judge has ruled that this evidence can be used to argue that the defendants acted with a "common purpose." This purpose, according to the prosecution, was to prevent the girl from receiving her daily insulin shots, which ultimately led to her death.
The victim, eight-year-old Elizabeth Rose Struhs, passed away on January 7, 2022, while lying in a comatose state on a mattress in her family's home in Toowoomba, located west of Brisbane. It was discovered that she had not received her prescribed insulin shots for six days, which was crucial for her type-1 diabetes. Her father, Jason Richard Struhs, aged 52, and Brendan Luke Stevens, the 62-year-old leader of the church group, have been facing a judge-only trial for murder in the Brisbane Supreme Court for the past seven weeks. The victim's mother, Kerrie Elizabeth Struhs, 49, and 11 other members of the congregation are also on trial, charged with manslaughter.
The prosecution presented their case on August 23, and the judge, Justice Martin Burns, has been considering various legal issues since then. This includes the Tripodi principle, which deals with the admissibility of evidence against one defendant in a criminal conspiracy and its use against all alleged members. After careful consideration, Justice Burns ruled that there was sufficient evidence to support the prosecution's claim that all 13 defendants were involved in a common purpose. This purpose was to persuade Jason Struhs to withhold his daughter's insulin and prevent her from receiving medical care or treatment.
Throughout the trial, the judge was shown numerous text messages, emails, and phone calls between the defendants. These were exchanged in the months leading up to Elizabeth's death and even after it. The prosecution also submitted videos of police interviews as evidence of a common criminal purpose, under the Tripodi principle. In his judgment, Justice Burns stated that the prosecution had presented ample evidence of a common purpose, even after some of it was rejected. He further added that there was reasonable independent evidence of participation in this purpose.
However, Justice Burns also ruled that the common purpose evidence would not be admissible against two of the defendants, Lachlan Stuart Schoenfisch and Samantha Emily Schoenfisch, if it dated before September 23, 2021. Currently, all 14 defendants have refused to enter pleas and are representing themselves at the trial. It is important to note that Justice Burns' judgment today is not an indication of the defendants' guilt. The trial is still ongoing, and the judge has not given his verdict for the defendants.
The next steps in the trial involve the defendants and the prosecution responding to a list of exhibits that may be excluded due to having little or no probative value. Once these issues are resolved, the defendants will be asked if they have any evidence or witnesses to present in their defense.
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