Transfer in island murder case

THE case against one of the men charged with murdering a Palm Island resident will be transferred to the mental health court.

A long-term resident and former staff member of the Palm Island Aboriginal Shire Council, Günther Messmer, 64, was found on the floor of the Creek Rd home with significant head injuries and was pronounced dead at the scene in November 2021.

David John Twaddle, 19 and Ralphael John Sibley, 24, were arrested and charged with single counts of murder and armed robbery.

Townsville Magistrates Court heard on Monday how Sibley’s matter had been transferred to the mental health court, where a Brisbane Legal Aid lawyer would be acting on his behalf. A Legal Aid representative told Magistrate Richard Lehmann that Sibley had been released under Section 11 of the Queensland’s Mental Health Act 2016 and transferred to Palm Island.

Under this section of the act, an involuntary patient could be subject to a range of authorities, assessments and orders, and “detained in an authorised mental health service or public sector health service facility”. Mr Lehmann called for a detailed update when Sibley’s matter was next mentioned on February 14 after little detail was presented in an email to the court from the Brisbane-based Legal Aid lawyer, which arrived one minute before the session began.

Sibley’s co-accused Twaddle had his matter heard on the same day. Defence lawyer Jaime Scuderi said they had been promised the full brief of evidence by October, but it remained outstanding.

Police prosecutor Emily Olditch said they were still waiting on DNA and blood letting statements. She expected the brief to be ready by December 18. Magistrate Viviana Keegan adjourned Twaddle’s matter until January 10.