Accused killer bailed but case against him 'not weak'
Victorian Supreme Court Justice Rita Incerti granted bail to Steven Johnson, 73, on Friday morning, five months after he was charged with the murder of Christopher Jarvis.
Johnson, who was seated in the dock wearing a neck brace, pulled off his glasses and wiped away tears as he learnt of the decision.
"Thank you, Your Honour," Johnson told Justice Incerti.
"I will obey all those (bail) orders, as I have previously."
Mr Jarvis, 38, was last seen leaving his home in Wangoom, near Warrnambool, in Victoria's west, in June 2006.
His body has not yet been found but police believe it is buried in Framlingham Forest, a native woodland owned by an Indigenous trust.
Johnson was first charged with Mr Jarvis' murder in November 2022 but the charge was dropped in August 2023.
His alleged co-accused Glenn Fenwick ultimately pleaded guilty to the lesser charge of manslaughter after agreeing to make a statement to police against Johnson.
Fenwick, who could be released on parole as early as October, claims he joined Johnson in confronting Mr Jarvis over outstanding rent.
It's alleged Johnson struck Mr Jarvis in his driveway, threw him to the ground and then fired a starter pistol near his ear when he would not stop screaming for help.
Fenwick claims he only helped hold Mr Jarvis down and then load him into the boot of the car, before they all drove to Framlingham Forest.
It's alleged Johnson then struck Mr Jarvis to the head with a baseball bat before removing his clothes and burying him in a shallow grave.
Johnson's barrister Patrick Doyle SC on Thursday argued the prosecution case against his client was weak as it centred around Fenwick's evidence.
There were discrepancies in Fenwick's story and the fact he made the statement to receive a discounted sentence would give a jury reason to pause, Mr Doyle said.
But Justice Incerti on Friday found the prosecution's case against Johnson could not be described as weak, although there were triable issues.
She accepted much of the evidence against Johnson came from Fenwick and the ultimate strength or weakness of his account would be examined at a committal hearing in January.
"Credibility and reliability will be a central issue in this case," Justice Incerti said.
The judge pointed to Johnson's "special vulnerabilities" including his age and medical conditions as exceptional reasons why he should be granted bail.
She noted those vulnerabilities have made his time in custody more difficult, as he has not received some of the medical care he needed.
Justice Incerti also rejected prosecution claims Johnson was an unacceptable risk of contacting Fenwick or moving Mr Jarvis' body if released.
She said a series of bail conditions, including a no-contact order and a ban from entering Framlingham Forest, could alleviate any concerns.
Johnson's wife put forward a $500,000 surety as part of his bail, while the 74-year-old will also have to follow a 9pm to 6am curfew.
He will return to Warrnambool Magistrates Court in January for his committal hearing.
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Much like the Erin Patteron case (which attracted predominantly women rugged up against the bitter winter weather), the Monty trial captured the attention of the country with a long line of women queuing up at the courtroom doors armed with packed lunches waiting to be let in each morning. Newspapers at the time paid as much attention to what the main female characters (mother and daughter) wore, describing in detail their outfits, as to the trial itself. Attention was first brought about his poisoning following a match between his Balmain team and Canterbury. Unusually, the NSW representative who was a member of the NSW 1947 team, where he scored 17 points against Brisbane, didn't score a point. He was slow across the field, regularly got smashed by opponents before he could pass the ball; his performance was so poor that he was hooted by the Leichhardt Oval crowd. According to Glen Humphries, writing for Zero Tackle, Lulham 'knew he wasn't right, complaining of a heavy feeling in his legs before the game. But he took to the field anyway, not wanting to let down his teammates. On Monday, 20 July - two days after the game - he went to his job as a truck driver but collapsed and went home sick. Two days later, he would discover the reason why - and it would create quite a scandal, easily on par with anything the modern-day footballer can come up with.' He was admitted to the Royal Prince Alfred Hospital with symptoms of thallium poisoning - limb numbness and hair falling out. Police arrested his mother-in-law several weeks later and charged her with attempted murder. After being bailed herself, two days later Monty was in hospital, also suffering from thallium poisoning. Monty was eventually found not guilty on the charges of attempted murder and maliciously administering a poison. Judith ended the marriage to the man she had been with since she was 15, while Monty later shot herself. Despite popular belief, Lulham never played football again following the court case, along with brother Herb, Bobby played for Nabiac team, Wallamba. Brian Cowan, who also played for Wallamba as an 18-year-old, said he remembered Bobby as a great bloke and a good footballer. Lulham remarried, had two children, Kerry and Wayne and moved to Tenterfield. He died of a heart attack on Christmas Eve, 1986, at the age of 60. He was buried at the Tenterfield Cemetery. As the nation-and indeed the world-remains captivated by the so-called "mushroom killer," it may surprise some to learn that the Victorian mother was not the first to have turned on her family. Last month, 50-year-old Erin Patterson was convicted of murdering three of her estranged husband, Simon's, relatives by serving them a beef Wellington laced with death cap mushrooms in 2023. 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According to several sources, Monty had moved in with her daughter Judy and son-in-law 12 months earlier, following an operation and after separating from her husband. The Lulhams had been married just six months at the time. During this time, Lulham and Monty then had what was described as an 'intimate relationship' on three occasions, once in June 1953 after Judy had gone to bed early - they were apparently listening to the Ashes test from Lords - another time when Judy was at church and then when Bobby had come home from work early. Parading their domestic secrets before the court Lulham claimed that things never went further than a 'petting party' despite the fact that clothing was removed or rearranged. It was also revealed that he had a pet name for Monty - 'Tops' - and that he kissed her every day when he left for work and when he arrived back home. Apparently, thallium poisoning was not uncommon in the early 50s with reports of 45 similar cases leading to 10 deaths. Racked with guilt about deceiving her daughter, which then led to depression, Monty testified she had made the poisoned Milo for herself, claiming she had contemplated suicide. But Bobby and Judy also had asked for the drinks, and she mixed up the cups. Despite facing two charges of attempted murder and maliciously administering poison, Monty pleaded not guilty to both. Much like the Erin Patteron case (which attracted predominantly women rugged up against the bitter winter weather), the Monty trial captured the attention of the country with a long line of women queuing up at the courtroom doors armed with packed lunches waiting to be let in each morning. Newspapers at the time paid as much attention to what the main female characters (mother and daughter) wore, describing in detail their outfits, as to the trial itself. Attention was first brought about his poisoning following a match between his Balmain team and Canterbury. Unusually, the NSW representative who was a member of the NSW 1947 team, where he scored 17 points against Brisbane, didn't score a point. He was slow across the field, regularly got smashed by opponents before he could pass the ball; his performance was so poor that he was hooted by the Leichhardt Oval crowd. According to Glen Humphries, writing for Zero Tackle, Lulham 'knew he wasn't right, complaining of a heavy feeling in his legs before the game. But he took to the field anyway, not wanting to let down his teammates. On Monday, 20 July - two days after the game - he went to his job as a truck driver but collapsed and went home sick. Two days later, he would discover the reason why - and it would create quite a scandal, easily on par with anything the modern-day footballer can come up with.' He was admitted to the Royal Prince Alfred Hospital with symptoms of thallium poisoning - limb numbness and hair falling out. Police arrested his mother-in-law several weeks later and charged her with attempted murder. After being bailed herself, two days later Monty was in hospital, also suffering from thallium poisoning. Monty was eventually found not guilty on the charges of attempted murder and maliciously administering a poison. Judith ended the marriage to the man she had been with since she was 15, while Monty later shot herself. Despite popular belief, Lulham never played football again following the court case, along with brother Herb, Bobby played for Nabiac team, Wallamba. Brian Cowan, who also played for Wallamba as an 18-year-old, said he remembered Bobby as a great bloke and a good footballer. Lulham remarried, had two children, Kerry and Wayne and moved to Tenterfield. He died of a heart attack on Christmas Eve, 1986, at the age of 60. He was buried at the Tenterfield Cemetery.
