‘ Gravely ill’ witness may force mistrial

A KEY witness has fallen “gravely ill” placing a Townsville murder trial in jeopardy.

Brent Malcolm Huxley is charged with the murder of Charters Towers man Michael McCabe on August 16, 2015.

Just three days into the trial that had been scheduled for three weeks Crown prosecutor Nathan Crane revealed one of the witnesses had not been heard from for a day and a half.

Police were tasked with tracking the person down.

The witness was scheduled to give evidence on Wednesday afternoon, but instead Justice David North had to tell the jury there was a strong chance of a mistrial.

“The prosecution was informed that one of the very important witnesses in the prosecution case had fallen gravely ill,” Justice North said.

“If this important witness is as ill as we believe, but we haven’t got confirmation of that yet from attending medical authorities, it is likely that the trial will miscarry and can’t proceed.”

Huxley is accused of murdering Mr McCabe, in the company of another man, over a $ 10,000 drug debt to the Rebels motorcycle gang.

Mr McCabe’s body was found by police in a dried up creek bed off Mount Spec Rd on September 17.

The Crown allege Mr McCabe suffered significant facial fractures as a result of blunt force trauma.

Matthew Luke Horima Rewha is also on trial accused to have assaulted Mr McCabe in the hours leading up to his alleged murder.

Mr McCabe’s cousin Leonie Maree Doyle, who was in a relationship with Huxley in August 2015, is also on trial.

She pleaded guilty to accessory after the fact of manslaughter on Monday, but not guilty to accessory after the fact of murder.

Justice North said his decision on whether or not the trial would continue would be made today.