Kynan Ignacio Vital was granted bail in Brisbane Supreme Court.
Kynan Ignacio Vital was granted bail in Brisbane Supreme Court.

Teen charged with David Murphy’s murder gets bail

A TEENAGER accused of killing his ex-girlfriend's father during a roadside fight has been granted bail while he awaits trial for murder.

Queensland Police allege that Kynan Ignacio Vital and Ethan Maurice McPherson, both 19, killed David Murphy following a car chase and roadside fight at Springfield Lakes on October 19.

Mr Murphy died on his 49th birthday after he was allegedly struck in the head with a pistol by Mr McPherson.

 

David Murphy died on his 49th birthday.
David Murphy died on his 49th birthday.

 

Shortly after Mr Murphy was fatally struck, police allege Mr Vital returned to the home of his ex-partner Julia Murphy and punched her in the head twice.

Vital was arrested a short time later and has been in custody for six months.

He applied for bail in November last year, arguing that an "extraordinary delay" meant his trial would not begin until mid-2021.

Mr Vital was refused bail and challenged the decision in the Queensland Court of Appeal, but this was also dismissed.

At the Supreme Court on Friday, defence barrister Angus Edwards made a new application for bail arguing there had been a change in circumstances because the brief of evidence submitted by the Crown was "weaker than first thought".

Justice Peter Davis said that gave rise to the "realistic possibility of a conviction not for murder but of something lesser".

"Once you get to that point the question of delay becomes much more relevant."

The court was told that Vital should also be granted bail because the coronavirus pandemic would further delay the case.

 

Kynan Vital was charged with the murder of David Murphy, the father of his ex-girlfriend Julia Murphy.
Kynan Vital was charged with the murder of David Murphy, the father of his ex-girlfriend Julia Murphy.

 

Crown prosecutor Erin Kelly opposed bail saying any delay was "speculative" and he should be kept behind bars.

"In my submission, there is nothing before the court to demonstrate he is no longer a threat to society or to his ex-partner," Ms Kelly said.

But Justice Peter Davis said with cases already "banking up", it was obvious there would be some impact on the progression of the case.

"It is easy and appropriate to draw inference that there will be a significant delay caused by Covid-19," he said.

Justice Davis said six months in custody would have had a "sobering effect" on a 19-year-old.

Mr Vital was granted bail under strict conditions.

He will be subject to home confinement and must report to Queensland Corrective Services five times a week. - NewsRegional



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