Benscher trial set

THE man accused of murdering wealthy Gold Coast inventor Hugo Benscher nearly 30 years ago has been committed to stand trial.

Philip Michael Stearman is accused of killing the 89-year-old during a burglary at Mr Benscher’s Paradise Point home on June 20, 1992.

Stearman, who was extradited from Tasmania and charged with murder last year, will contest the charge.

During committal proceedings the Brisbane Magistrates Court heard Mr Benscher was found dead in his home having been gagged and bound with tape and telephone cord.

The Crown alleges it was Stearman who did this to Mr Benscher and he died as a result.

In a no case submission, Stearman’s defence team highlighted the evidence of the forensic pathologist, namely that there was no evidence Mr Benscher’s airway was completely obstructed.

The defence argued that in the context of his pre-existing medical conditions, including heart and lung disease, Mr Benscher was significantly predisposed to heart failure.

The defence emphasised the forensic pathologist’s evidence that Mr Benscher’s pre-existing conditions could have caused his death during a struggle or even a fright.

The forensic pathologist’s opinion was that Mr Benscher’s death was probably caused by a combination of airway obstruction on a background of ischemic heart disease, the court heard.

The defence argued there was insufficient evidence to support a conclusion that Stearman’s alleged actions were of such a nature as to endanger human life.

The prosecution argued that given Mr Benscher’s age, Stearman’s alleged actions did endanger life.

Magistrate Belinda Merron on Friday said she was satisfied there was a prima facie case of murder.

“Placing clothing, even partially obstructing the airway, over the mouth and nose of a person, securing it to his face and then binding his hands, particularly, preventing him from removing the obstruction meant that the airway would remain obstructed,” she said.

“The obstruction of the airway is an act which by its very nature is likely to endanger human life.”

After the charge was read out Stearman was asked whether he wanted to enter a plea.

“Yeah, not guilty,” he responded. Ms Merrin committed Stearman to stand trial in the Supreme Court at a later date.