Murder trial: Jury retires to decide two men’s fate
DID Trevor Spencer and Stephen Crump conspire to kill Mundubbera father Gary Ryan?
That is the question a jury will now try to answer, following a three-week murder trial in Brisbane Supreme Court.
Justice Martin Burns sent the jury out on Thursday afternoon urging them to remember that the trial is for two men, and should not be assessed as one.
"It's critical that when you're examining the case against each accused ... that you do it on an individual basis," he said.
Throughout the trial, it has not been disputed that Mr Crump and Mr Spencer, who both pleaded not guilty to murder, went to Mr Ryan's Mundubbera property on August 23, 2016.
But the extent of each man's involvement has been disputed between prosecution and defence.
Crown prosecutor Danny Boyle argued that Mr Crump, Mr Spencer and another man, who cannot be named, went there with one purpose - to execute the "planned and calculated murder".
"My submission to you is that all three of them … achieved what they set out to do," he said
"That is the murder of Gary Ryan."
Mr Boyle alleged Mr Spencer, along with another man who cannot be named, was a "principal offender" and inflicted some of the 60 stab and cut wounds to Mr Ryan.
Mr Spencer's defence barrister Tony Kimmins argued his client had no knowledge of the other offender's alleged plan and should only be convicted of manslaughter.
Throughout the trial, Mr Boyle argued Mr Crump was the "getaway driver" but knew what the plan was because he was given walkie-talkies and dropped them at the scene, then drove away.
Defence barrister Robert East said while there was no doubt that Mr Crump was involved, he could not have envisaged the sinister turn the day would take.
"There is no evidence that the prosecution can point to proving Stephen Crump was aware of any pre-planning …" he said.
Justice Burns sent the jury away just before 4pm on Thursday.