DV court no place for murder trial: lawyer
THE lawyer for an elderly man accused of murdering his wife says the matter should not be treated as domestic violence.
Max Beever, 82, remains in hospital a week after the death of Robyn Beever, and did not appear in Southport Magistrates Court where he is charged with murder.
Defence lawyer Jonathan Nyst, of Nyst Legal, told the court the matter should be moved from the specialist domestic violence court to the mainstream court.
“It should not be sitting under domestic violence,” he said.
Mr Nyst also asked for a brief of evidence to be provided in five weeks.
“My client is in custody, is currently in hospital and has serious health conditions as well as Parkinson’s disease.”
Prosecutor Trudy Jobins asked for six weeks.
Under court practice a brief of evidence should be provided within five weeks but it is standard practice to give police six weeks.
It is alleged Beever murdered his wife by using a belt or pair of jeans. An axe was also allegedly found at the scene.
Police will also allege Mrs Beever was dragged from the bedroom of her Varsity Lakes home and found in the garage of the property near the back of a car.
Beever was later charged with murder, accused of killing his wife as early as 6pm on Wednesday, February 24.
She was not found until 1.30pm on Thursday, February 25 when police and emergency services were confronted with a “bloody scene” at the Gerona Circuit property.
Magistrate Kathleen Payne ordered the brief of evidence be provided by April 16 and the matter return to court on April 23.
Outside court, Mr Nyst said Beever was in the Gold Coast University Hospital.
“His and his family’s concerns at the moment are directly related to his health and that his welfare are taken care of.”
Mr Nyst said he was working to get the matter resolved as soon as possible.
“It is in everyone’s interest in this case that it is resolved as quickly as possible and that is also in regards to Mr Beever’s health and his age. Justice delayed is justice denied and in this case that is particularly the case.”
Mr Nyst said Beever was not a well man and hospital was the best place for him right now.
He said it was a very traumatic set of circumstances for Beever’s family.