Victorian jury hears triple-0 call, views images of human remains in Christmas Eve murder trial
A former CFA captain has told a jury about finding human remains in a burnt car, as three people face trial accused of kidnapping and murdering 19-year-old Charlie Gander.
Kylie Stott, Danny Clarke and Dimitri D'Elio, all residing in Shepparton at the time, have been charged with kidnapping, murder and arson following the death of the Benalla teenager on Christmas Eve in 2022.
At the time of the alleged offending, Ms Stott was aged 37, Mr D'Elio was 24, and Mr Clarke 38.
The trio have pleaded not guilty to all charges.
Mr Gander's body was found after emergency services responded to a car fire on Loch Garry Road, in Bunbartha, about 15 kilometres north of Shepparton.
Current CFA volunteer and former captain of the Tallygaroopna brigade, Jeffrey Gleeson, told the Victorian Supreme Court of crews finding the car near bushland, "fully engulfed" with "smoke emitting from the car".
As two men in breathing apparatus began to put out the fire, Mr Gleeson said he inspected the car's interior and exterior.
"I was walking around near the passenger side. I glanced inside the vehicle, saw what I thought were human remains," he told the court.
Mr Gleeson conferred with a colleague and then decided to halt the fire suppression process to leave the scene as intact as possible for investigators, he told the court.
The jury also viewed photos of the skeletal remains taken by crime scene investigators, including a skull and internal organs.
Bunbartha resident Pauline Dempsey, who alerted emergency services via a triple-0 call, was brought as a witness, and an audio recording of her call played to the jury.
Mrs Dempsey told the court she saw "billowing black smoke" and was concerned for her home and neighbourhood because of the hot and dry conditions. She told the court she saw the car explode and could be heard telling the triple-0 operator that the car had exploded for a second time while on the call.
The jury was also shown footage from police's body-worn cameras as they arrived to inspect the scene. The footage showed Leading Senior Constable Steven Turpin walking towards the burnt-out car, which is situated near trees in a remote area.
During the opening days of the trial, crown prosecutor Mark Gibson KC told the the court they would hear a case "about retribution" and "a desire to punish a person" for what they believed they'd done.
He alleged the trio acted as a team to kidnap, kill and incinerate Mr Gander in an "unnecessary, senseless and callous" act.
He presented evidence to the court including Google searches from Mr D'Elio's phone for a "dead body in burned car" several days before media coverage of the death, as well as records from Ms Stott's phone labelling the victim as "Charlie dead dog Gander".
Mr Gibson alleged their motive was that Mr Gander had told police about the criminal conduct of a person called Tyson May, to whom the trio had a "misplaced alliance".
On Monday, two of the trio's lawyers rejected the prosecution's argument that the matter was linked to a desire for retribution against the teenager.
The jury members are expected to travel to Shepparton and the surrounding area this week to view the sites mentioned in the case as part of court evidence.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
News.com.au
33 minutes ago
- News.com.au
NSW Coalition's bold bid to postpone Labor's ‘rushed' workers comp reform
NSW Treasurer Daniel Mookhey has accused the Coalition of seeking to delay controversial workers compensation reforms. A revised plan to reform workers compensation passed a second reading in the lower house late on Tuesday night despite stiff opposition. The NSW Liberals, Nationals, and the Greens voted against the Bill and proposed amendments that were one-by-one voted down by Labor MPs. The bizarre coalition against the Bill was described as a 'divorce' for Labor and the Greens, the latter joining the Liberals and the state's unions in opposing the Bill. Mr Mookhey told reporters on Wednesday that the Coalition would seek to have the Bill pushed back until August, well past the end of financial year and this year's budget. 'Obviously, we think that the Bill needs to be considered straight away,' the Treasurer said. 'The system is continuing to fail, the system is continuing to fall into weakness. 'It's continuing to fail employers, and it's not doing anything for the state as well.' Mr Mookhey claimed every day of delay would cost the scheme and in turn injured workers and businesses facing rising premiums through the state's nominal insurer. On the forthcoming budget, Mr Mookhey said the Bill's failure had already been accounted for after the Coalition claimed it was being rushed before the budget. Mr Mookhey said Labor would continue to engage with the opposition, whose reforms he claimed would add $1.9bn in 'additional financial pressure' over four years. The opposition has called for the state government to stay plans to lift the proposed threshold for permanent whole-person impairment (WPI). Asked if the Liberal Party was 'on the side of the unions', shadow treasurer Daniel Tudehope said it was a 'bad way of characterising' their opposition to the Bill. 'We're on the on the side of good legislation,' Mr Tudehope told Sky News. 'The legislation which has been put before us is seeking to drive down the cost of workers compensation in NSW because of psychological injuries. 'A lot of the legislation we agree with … but there are some flash points in that legislation that we don't agree with, and it so happens that the unions agree with us.' Under the proposal, a person with a permanent whole-person impairment would be required to meet a 30 per cent threshold – up from 21 per cent – to receive lifelong support. Mr Tudehope said those people would be deprived of a 'better tomorrow' and the Coalition would seek to have the Bill subjected to a parliamentary inquiry. For their part, Mr Mookhey and Industrial Relations Minister Sophie Cotsis claim the Bill with instil a 'culture of prevention' and address the beleaguered state self-insurer. Mr Mookhey told an earlier parliamentary inquiry into the reforms that he would not authorise further cash injections to the Treasury Managed Fund, the state self-insurer. Private businesses and charities are also facing a rise in premiums, which the Coalition says has been set at 8 per cent for next financial year. Detractors, including NSW's unions, claim the changes to WPI would lock many psychologically injured workers out of support. Mr Mookhey said those workers would instead have better access to a lump-sum payment that would keep them out of the workers compensation scheme long term.
ABC News
38 minutes ago
- ABC News
Death of Perth pedestrian in e-scooter crash sparks calls for overhaul of rules
Pressure is mounting for a major overhaul of Western Australia's e-rideable laws following the death of a pedestrian in Perth's CBD on the weekend after he was hit by an e-scooter. It is alleged British tourist Alicia Kemp was three times over the legal blood alcohol limit when her rented e-scooter ploughed into a 51-year-old man at the weekend. Thahn Phan suffered critical injuries and later died in hospital. Ms Kemp has been charged with causing death while driving dangerously under the influence of alcohol. The incident has sparked debate about e-scooter regulations in WA, with Mr Phan's family calling for a review of safety measures for hired e-rideables. Pedestrian Council of Australia chief executive Harold Scruby said pedestrians had been left out of the conversation of e-scooter safety. "The whole thing is upside down," he told ABC Radio Perth. "Number one, they've put the pedestrians last. Number two, they've invented some penalties which are a joke. Number three, there's absolutely no enforcement." Mr Scruby said introducing a ban on e-scooters on footpaths was one way to prevent further harm. "Very few other states or territories allow [e-scooters] on a footpath or even a shared path," he said. "In the old days … [footpaths] were there to protect people from vehicles. Now we're inviting vehicles onto them, and they're high-speed vehicles." He said another solution could be to implement bans in the Perth city centre and other areas of high pedestrian traffic. WA's Deputy Premier Rita Saffioti said it was clear not everyone was following the rules. "We have very strict regulations about the speed of e-scooters … and power of e-scooters, but its obvious we need to do more on compliance," she said. But Ms Saffioti said of equal concern was the modification of private e-scooters. "We have rules and regulations in relation to using e-scooters, but it's clear that some are modified and that they're roaming the streets," she said. "I'll talk to the minister for road safety [about] how we can do a joint compliance blitz, in particular in relation to the modification, because that seems to be the real issue." It comes after WA's Road Safety Commission last month released a review of the state's e-rideable road rules. It found that crash rates were relatively low, but many pedestrians felt unsafe using footpaths after experiencing near-misses. The report stated there was a "concerning" lack of compliance with e-rideable road rules, noting incidents of speeding, riding without a helmet and failing to give way to pedestrians. It recommended increased enforcement to encourage compliance on the roads, and a review of penalties for e-rideable offences, which were found to be weak in comparison to other states and territories. According to data from Royal Perth Hospital, between 2017 and 2022, 74 people either suffered a major head injury resulting from an e-rideable that requiring hospitalisation for more than 24 hours or died. In WA, e-scooters are permitted to reach up to 25 kilometres per hour on shared paths, bicycle paths and roads with a speed limit of 50 kph or less, but only 10 kph on footpaths. They are banned from pedestrian malls, on roads with a speed limit above 50 kph or roads with a median strip, and any road or carriageway with a 'no bicycles' sign. Only one rider can use the scooter at a time, and they must be over the age of 16. There is little consistency in e-scooter laws and penalties across Australia. In Queensland, the ACT and Tasmania, riders can be fined up to $150 if they are caught without a helmet, but in WA the penalty is just $50. Queensland also slashed the maximum speed limit for e-scooters on shared paths from 25 kph to 12 kph in late 2022 following concerns about pedestrian safety. Overseas, Korea, Spain and Sweden have banned e-rideables from footpaths completely. Only hire scheme e-rideables are permitted in the UK, while in Paris it is the opposite, with only private devices allowed.
News.com.au
an hour ago
- News.com.au
Bradfield recount: Liberals poised to lose blue ribbon Sydney seat to teal independent Nicolette Boele
The Liberals are poised to lose the blue ribbon seat of Bradfield to teal independent Nicolette Boele following a closely watched recount. Gladys Berejiklian-backed candidate Gisele Kapterian is currently trailing Ms Boele by 27 votes, despite winning the first count by eight votes, triggering an automatic recount. Sky News called the electorate for the Climate-200 backed independent, and the Australian Electoral Commission is set to officially announce the winner later today. An AEC spokesman said about 99.9 per cent of the vote had been counted with Ms Boele ahead by 27 votes. The seat was previously held by former Morrison-era minister Paul Fletcher who retired at the last election. Ms Kapterian, who had been given an assistant shadow cabinet portfolio contingent on her win, now has the option to contest the result at the Court of Disputed Returns, which would most likely result in a by-election.
