Mistrial in McCabe death case

A MISTRIAL has been declared in the court proceedings of the alleged murder of Charters Towers man Michael McCabe.

Brent Malcolm Huxley is accused of murdering Mr McCabe on August 16, 2015, in the company of another man.

Mr McCabe’s body was found by police in a dried creek bed off Mount Spec Rd on September 17, 2015.

During the trial, which started on Monday, Crown prosecutor Nathan Crane said Mr McCabe had suffered head injuries as a result of blunt force trauma. It is alleged he was struck in the head with a rock.

Justice David North was forced to discharge the jury yesterday morning after it was revealed on Wednesday afternoon a key witness for the prosecution was seriously ill.

“The witness I spoke about ( on Wednesday) is still in hospital and it is uncertain when she will be discharged from hospital,” Justice North said. “One cannot be sure that even by early next week whether she will be well enough to give evidence.

“To proceed with the trial hearing evidence from other witnesses in the hypothetical scenario that witness may become available in the coming weeks would create an injustice.”

Justice North thanked the jury and officially declared a mistrial.

Matthew Luke Horima Rewha and Leonie Maree Doyle were also on trial. Rewha is accused of assaulting Mr McCabe in the hours leading up to his alleged murder.

Doyle, Mr McCabe’s cousin, who was in a relationship with Huxley in August 2015, pleaded guilty to accessory after the fact of manslaughter on Monday, but not guilty to accessory after the fact of murder.

All three defendants will not be required to appear in court when the matter is mentioned next week for the prosecution to give an update on the key witness’s condition. Justice North said a new trial would be held in the new year with a new jury panel.