R v Heferen, Georgiou, Edwards

SUPREME COURT OF QUEENSLAND

CITATION:

R v Heferen, Georgiou, Edwards [2001] QSC 128

PARTIES:

THE QUEEN
v
STEPHEN PATRICK HEFEREN
and
LOIZOS GEORGIOU
and
LESLIE ARTHUR EDWARDS

DIVISION:

Trial Division

FILE NO:       

92 of 2000

DELIVERED ON:

30 April 2001

DELIVERED AT:

Rockhampton

HEARING DATE:

18 & 19 April 2001 in Townsville

JUDGE:

Dutney J

ORDER:

Applications for change of venue refused.
Applications for separate trial refused.

CATCHWORDS:

CRIMINAL LAW – CHANGE OF VENUE – SEPARATE TRIALS – PRE-TRIAL PUBLICITY – whether prejudiced fair trial – inadmissible evidence against co-accused insufficient basis to entitle separate trials

Montgomery v H.M. Advocate [2001] 2 WLR 779,considered
Morris v R (SC(VIC) – JD Phillips J – 16.09.1991 – unreported), distinguished
R v Hadlow(Mackenzie J – 05.11.1990 – unreported), discussed and distinguished
Webb v R; Hay v R (1994) 181 CLR 41, followed
R v Davidson [2000] QCA 300, followed

COUNSEL:

Mr P Smid for the Crown
Mr P Dylan for Hefferen
Ms C McLennan for Georgiou

Mr C Choudrey for Edwards

1. DUTNEY, J: Stephen Patrick Heferen, Loizos Georgiou and Leslie Arthur Edwards are charged jointly with the murder of Ferdinand Marinus Bast.  Also on the indictment and also charged with the same murder is Jodie Janelle Rice.  The three male accused have each brought applications to transfer the hearing of the charge away from Townsville and for separate trials.  At the commencement of the hearing of these applications Ms Rice was an indemnified Crown witness.  In consequence of the evidence she gave before me that indemnity may be withdrawn and the Crown may wish to proceed on the count against her.  In view of her status, however, she was not, initially at least, represented and has not made any application although I have indicated that she is not precluded from doing so in the future.

1. It seems beyond dispute that the death of Mr Bast has attracted notoriety in the Townsville region.  An affidavit of a Mr Stevenson filed on behalf of Mr Georgiou summarises the newspaper coverage given to the alleged crime, the subsequent arrests, committal, trial and successful appeal of each of the three male accused.  It is readily apparent from the summary that interest in the matter is largely confined to the Townsville area.  Apart from some minor reporting of the death and the trial interest outside Townsville seemed confined to the unusual circumstances in which the appeals against conviction were allowed.  Television coverage has also been extensive with almost all reports containing a still photo of the deceased and a photo of the accused, Edwards.

1. Locally, the killing of Mr Bast has been dubbed the “Good Samaritan Murder”.  This is a reference to the biblical parable with which this case is said by the media to have some vague similarity.  Mr Bast, lived near a chemist shop which the accused were allegedly breaking and entering to steal Sudafed to use in the manufacture of amphetamines.  Mr Bast intervened and pursued the intruders…