A teenager accused of a woman’s stabbing murder in a Boxing Day home invasion will face a judge-only trial after youth crime became a key Queensland election issue.
Justice Peter Callaghan on Friday handed down his ruling for the “unique” case, with the trial set to start on October 21 – five days before the state poll.
Mother-of-two Emma Lovell was fatally stabbed in the heart after two boys, then 17-years-old, broke into their family’s house north of Brisbane about 11.30pm on Boxing Day in 2022.
One of the teens, now 18, was charged with murder based on his alleged knowledge of the other boy having a knife and the probable consequences of their alleged common criminal purpose.
The teen had applied on Wednesday to the Brisbane Supreme Court for a judge-only trial based on extensive media coverage containing inaccurate claims about his prior criminal history and bail status at the time.
The teen’s barrister, Laura Reece, said youth crime and specific law changes in response to Mrs Lovell’s death were a central issue ahead of the Queensland election.
“There are slogans like ‘adult crime, adult time’. You can’t miss it,” Ms Reece said.
She said jury members would not be able to ignore previous media coverage of the case and the youth crime agenda ahead of the October 26 poll.
“Any prejudice in the jury’s mind does have an impact on whether he can have fair trial under the circumstance,” Ms Reece said.
Justice Callaghan said prejudicial and in some instances inaccurate information about the teen had been widely published amid the election campaign.
“Such is the notoriety of this case and the repetition of the material, it may have lodged in the public consciousness,” he said on Friday.
Justice Callaghan said it would take a “superhuman effort” for a jury to ignore the ongoing election campaign’s youth crime agenda, with Mrs Lovell’s death regularly brought up as an example.
He said jurors should also not be instructed to ignore key issues in an election before performing their “sacred duty” in casting a ballot.
Crown prosecutor David Nardone previously said he did not have a position in supporting or opposing the application but it was seen to be in the interest of justice to have a jury decide on allegations based on community standards.
Mr Nardone said it should be up to a jury to watch CCTV footage from the Lovells’ home and decide if the teen had knowledge that his companion was entering the front door while armed.
“What the jury is told is narrow. We know he is involved, that is not an issue. It’s what you accept or reject about what he knew,” Mr Nardone said.
The other teen, 19, who pleaded guilty to stabbing Mrs Lovell was sentenced in Brisbane Supreme Court in May to 14 years’ imprisonment on the charge of murder.
Source Agencies
