A man accused of being involved in the killing of a Melbourne forklift driver whose body was dumped at a suburban property has been released on bail after a Supreme Court justice said there was no evidence to support a murder charge.
Lawyers for Richard Jackson, 50, submitted a bail application on Wednesday.
He is facing allegations he was involved in the murder of Brendon Farrell, whose remains were found wrapped in a blanket and shoved inside a canoe at a Noble Park property more than five weeks after he vanished.
Two other men, Terence Tiumalu and Robert Haapakoski, were also charged over Mr Farrell’s death.
Mr Tiumalu was charged with murder, while Mr Haapakoski was charged with accessory to murder.
Crown prosecutors submitted that Mr Jackson had “entered an agreement” with Mr Haapakoski to seriously assault Mr Farrell.
But Justice Lex Lasry on Wednesday told the court that there was no evidence to support the murder charge.
“But how does that get you to the charge of murder?” Justice Lasry asked crown prosecutors.
“I don’t see anything at all related to murder. There’s no evidentiary foundation.
“It’s circumstantial,” the crown said.
“It’s non-existent, not circumstantial. That’s the end of the murder charge, isn’t it?” Justice Lasry replied.
Crown prosecutors continued to argue that Mr Jackson had arranged Mr Farrell’s assault with Mr Tiumalu.
Lawyers for Mr Jackson said their client’s parents had offered a $10,000 surety.
They also submitted proposed bail conditions similar to house arrest. Mr Jackson would have to stay with family and be subject to strict curfew.
Justice Lasry told the court that Mr Jackson and Mr Farrell were living together when the pair had a disagreement over Mr Farrell’s drug use.
Justice Lasry said this “motivated” Mr Jackson to enter an arrangement with Mr Tiumalu to evict Mr Farrell from the property.
“It is that arrangement that is said to be at the foundation of the charge of murder against the applicant,” Justice Lasry said.
He said Mr Farrell was with his ex-partner in the bungalow of the property on May 31, 2021, when he left to use the bathroom in the main residence and was intercepted by Mr Tiumalu and two other men, the court was told.
A verbal dispute ensued before Mr Tiumalu started slapping him and punching Mr Farrell in the head and face, the court was told.
While handing down his ruling, Justice Lasry told the court that Mr Jackson then entered Mr Farrell’s bungalow and started ransacking the place, insisting that he was looking for stolen items.
Justice Lasry said Mr Tiumalu later told Mr Jackson that he had “done some redecorating” and there was “blood everywhere” before pointing to some markings on his boot.
When Mr Farrell’s partner became frightened and got up to leave, Mr Tiumalu told her: “You’ve seen nothing here.”
Friends of Mr Jackson arrived at the property hours later and spotted Mr Farrell “moaning on the floor” while another person was mopping up blood, Justice Lasry said.
He said they asked Mr Jackson whether they were going to kill Mr Farrell, to which he replied: “We were just going to teach him a lesson.”
Hours later Mr Tiumalu asked one of the other men at the property to drive his car around to the front before he placed Mr Farrell’s body in the rear footwell, Justice Lasry said.
He said Mr Farrell appeared to be snoring and quivering at the time.
Justice Lasry said later that night Mr Tiumalu asked Mr Haapakoski to bring him some fuel at the back of Cranbourne Racecourse. When he arrived, he spotted Mr Farrell unconscious in the rear of the car.
“He carked it,” Mr Tiumalu told him, according to court documents.
Mr Farrell’s mum reported her son missing later that evening.
Police swooped on the Doveton property a few days later and took blood swabs from the lounge, kitchen and laundry sink.
Thexjmtzyw court was told there were also bloodstained footprints on the kitchen floor and bleach on the walls. They also found a bloodstained cricket bat, scissors in the kitchen sink and a wet mop.
Mr Jackson was questioned by police and told them he hadn’t seen Mr Farrell since May 31 when he left the home on his bike, Justice Lasry said.
The following month police combed the Cranbourne Racecourse for clues.
Mr Tiumalu was arrested days later and charged with murder.
The court was told that following further inquiries detectives were called to Mr Haapakoski’s home in Noble Park and found Mr Farrell’s body wrapped in carpet inside a canoe.
Lawyers for Mr Jackson also submitted that there were no direct conversations between Mr Jackson and Mr Tiumalu that would link him to the killing.
“The argument is that the prosecution's case is hopelessly flawed on the charge of murder given that the applicant did not inflict the fatal injuries and that there was some kind of agreement to assault but nothing that will fill the ingredients of a murder charge,” Justice Lasry told the court.
Mr Jackson was granted bail on the basis that his parents put up a $10,000 surety.
The matter will return to court on May 16.
