Case against cold case murder accused is 'weak': lawyer
Steven Johnson, 73, made the application in the Victorian Supreme Court on Thursday after he was charged in March with the cold case murder of Christopher Jarvis.
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.
Fenwick received a discounted sentence because he assisted police and will give evidence against Johnson in court.
Johnson's barrister Patrick Doyle SC argued there were real issues with Fenwick's evidence, given his account had changed over the years.
Mr Doyle pointed to an earlier claim from Fenwick that he and Johnson both "bashed" Mr Jarvis with a tomahawk and cut off his fingers.
Fenwick also previously described assaulting Mr Jarvis while he was in the boot of the car, the court was told.
Those allegations were not in the signed statement Fenwick provided to police, Mr Doyle noted.
The barrister said the discrepancies in Fenwick's story and the fact he made the statement to receive a discounted sentence would give the jury reason to pause.
"There are plainly problems with this crown case," the barrister argued.
"The case is weak and readily defensible."
Mr Doyle claimed there was limited other evidence connecting Johnson to the crime and there was a strong chance he would be acquitted.
The barrister also pointed to Johnson's old age, medical issues and previous good record on bail as reasons why he should be released from custody.
Prosecutor Jenaya Ellis argued the prosecution's case was far from weak, saying Fenwick's statement was compelling alongside the other evidence.
She noted an imitation pistol was found at Johnson's home during a 2022 search and he was seen grading Mr Jarvis' driveway hours after the alleged murder.
Ms Ellis also claimed Johnson was an unacceptable risk of trying to interfere with Fenwick or move Mr Jarvis' body if released.
Justice Rita Incerti is due to hand down her bail decision on Friday.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
9 News
9 hours ago
- 9 News
Accused cold case killer bailed but case against him 'not weak'
Your web browser is no longer supported. To improve your experience update it here An accused murderer will walk from court after a judge found his special vulnerabilities will make his time in custody more difficult. Victorian Supreme Court Justice Rita Incerti granted bail to Steven Johnson, 73, this 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. Christopher Jarvis disappeared and his car was found burnt out in 2006. His body was never found but investigators believe it is buried in the forest. (Victoria Police) (Nine) "Thank you, Your Honour," Johnson told Justice Incerti. "I will obey all those (bail) orders, as I have previously." 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 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 Jarvis over outstanding rent. It's alleged Johnson struck 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 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 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. Steven Johnson arrives at the Supreme Court of Victoria in Melbourne, Thursday, August 14, 2025. (AAP Image/Joel Carrett) (AAP) 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, Doyle said. But Justice Incerti today 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 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. Melbourne Victoria national Australia courts CONTACT US Auto news: Honda here to stay in Australia, announces growth plans.
Perth Now
10 hours ago
- Perth Now
Accused killer bailed but case against him 'not weak'
An accused murderer will walk from court after a judge found his special vulnerabilities will make his time in custody more difficult. 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.
SBS Australia
12 hours ago
- SBS Australia
The NT coroner has found a 'chronic crisis' contributed to the death of a teenager
Warning: this article contains the name of an Indigenous person who has died. Didbala was a hip-hop loving teenager who enjoyed sport, singing and dancing and going fishing and hunting when she was with family in community. But the 17-year-old also 'suffered serious mental illness which posed significant challenges for her and those who cared for her including family, health professionals and statutory carers.' Northern Territory Coroner Elisabeth Armitage has handed down her findings into how Didbala's troubled young life ended at an Intensive Residential Care (ITRC) house in Katherine, managed by the not-for-profit group CASPA (Child and Adolescent Specialist Programs and Accommodation). Police were called to the home in the early hours of October 2 2022, when Didbala confronted one of the residential care workers saying she was hearing voices. An outburst led to furniture being overturned and the worker being assaulted, before Didbala retreated to her room. Coroner Elizabeth Armitage heard when police arrived, they found Didbala's bedroom door locked and there was no verbal response when they called out to her. 'None of the attending police had received any specific training in dealing with 'at risk' young people,' she said in her report. In fact, police told the coroner they believed they were there to investigate an assault, and "weren't aware that an ITRC house was used for children with the most complex needs.' When they finally forced their way into her room, Didbala had already died. The five-day inquest heard Didbala had a long history of interactions with mental health services, and her highly complex condition needed "the best of co-ordinated care". 'Sadly, the systems and agencies she was connected with ultimately failed to deliver the care she required,' the coroner said. Judge Armitage found a litany of failures, among them the 'unmanageable' workload facing Territory Families case workers. 'In the Big Rivers Region the average caseload for Case Managers is a whopping thirty-six children, compared with caseloads of around twelve for the Darwin and Central Regions.' The Big Rivers Region covers 340,000 square kilometres, stretching 1000km between the Western Australian and Queensland borders, and another 700 kilometres from North to South. In one of her 16 recommendations, Armitage urged Territory Families to 'ensure each child in its care is provided a Case Manager with a realistically manageable case … and where this isn't achievable, Territory Families should consider the feasibility of out-sourcing Case Management' to ITRC service providers. She noted this was already happening in other jurisdictions such as New South Wales. Judge Armitage also found the 'the starkest example of case management neglect was a failure by Territory Families to efficiently progress an NDIS application even though all the professionals engaged with her believed she was eligible.' She heard evidence that the NDIS application process stalled several times, and it took more 18 months for an application to be submitted. Judge Armitage recommended Territory Families 'set benchmark times for completion of NDIS assessments' saying it was 'alarming' for the department to not already have benchmarks. Judge Armitage said at the time, ten case manager positions were vacant in the Big Rivers region and high staff turnover also resulted in 'inconsistent engagement'. The inquest heard that at one stage Didbala had three case managers in three weeks. "It would have been exhausting for Didbala to try and keep track of her changing case managers (if she ever met them) and almost impossible to develop trust or rapport." The coroner described the current child protection model as 'overly bureaucratic' finding that carers are unable to respond quickly to even the most basic requests from young people such as playing sport. 'Simple activities require separate approvals and sometimes separate funding from Territory Families. Given Territory Families workloads there are unacceptable delays.' Didbala's family told the coroner the child protection model was not the best for Aboriginal children, who make up 90 per cent of kids in care in the NT. They called for long term solutions that focus on transferring more responsibility to Aboriginal Community Controlled Organisations (ACCOs). In conclusion, the Coroner said 'despite the efforts of dedicated individuals, the services and care provided by Territory Families was rarely sufficient to meet Didbala's needs. 'What we are actually talking about are highly vulnerable children in care (and their families) not getting the consistent support and attention that their situations deserve. "The real impact of this is children missing out.' Territory Families accepted 'it should have taken more steps to partner with Didbala and her family to develop a clear plan for Didbala to be cared for by strong, stable and suitable family, and to ensure that people identified to care for Didbala were aware of her needs and engaged in her care.'
