Latest news with #RitaIncerti
ABC News
4 days ago
- ABC News
Man accused of murdering Victorian father Christopher Jarvis granted bail
A south-west Victorian man charged with the 2006 cold case murder of Christopher Jarvis will be released from custody while he awaits a possible trial. Police arrested 72-year-old Steven Federick Johnson in March and charged him with the murder of Mr Jarvis, who disappeared from his home near Warrnambool in 2006. Justice Rita Incerti approved Mr Johnson's bail application in the Victorian Supreme Court on Friday. Justice Incerti said she was satisfied Mr Johnson's case met the exceptional circumstances required for bail. The circumstances included challenges to his physical and mental health, which needed specialist medical treatment. The court heard Mr Johnson had adhered to all bail conditions when he was released on bail in 2023 after he faced charges in relation to Mr Jarvis's disappearance that were later dropped. Christopher Jarvis left his home at Wangoom on the morning of June 13, 2006, and was not seen again. His burnt-out car was later found at Thunder Point, a popular scenic lookout on the coast of Warrnambool. An investigation into his disappearance was at a standstill for almost two decades until Victoria Police's missing persons squad received new information from the public which led to the cold case being re-opened in 2022. The re-ignited investigation led to searches of Framlingham Forest. The court heard Mr Johnson was charged in relation to Mr Jarvis's disappearance in 2022, but the charges were later dropped. He was charged again in March this year. During a bail application hearing in the Supreme Court on Thursday, Detective Senior Constable Alicia Reivers said police opposed the bail application as detectives believed there was an unacceptable risk of him obstructing the course of justice by influencing a witness. The Jarvis family also opposed bail, the court heard. The court also heard police held concerns Mr Johnson could tamper with evidence, namely Mr Jarvis' body, which prosecutors allege is buried in Framlingham Forest near Warrnambool. Mr Jarvis's body has never been found. Public prosecutor Jenaya Ellis said the Crown's case alleged that Mr Johnson knew where the body was located. Mr Johnson's lawyer Patrick Doyle SC told the court Mr Johnson had been released on bail previously in the matter and complied with similar conditions. The current bail application was made with a $500,000 surety, sourced from Mr Johnson's wife's share of a property, along with her commitment to hold him accountable to the bail conditions. His lawyer said Mr Johnson would not breach the conditions, given that contacting a witness would provide incriminating evidence against him, as well as risking the significant surety. Mr Johnson was released on bail on a number of conditions, including that he not contact, or instruct anyone to contact, witnesses. He was also banned from visiting Framlingham Forest.
Yahoo
4 days ago
- Yahoo
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.
