A defence lawyer has been unsuccessful in stopping three men on video link at Holtze prison from being committed to stand trial in the NT Supreme Court on murder.
The charges stem from the death of a 39-year-old outside the Rapid Creek Business Village in March 2023.
Joseph Wunungmurra, Brendan Marrtijiku and Jerad Gurruwiwi sat watching committal proceedings on their charges of Recklessly Endangering Serious Harm, Murder, and Violent Act Causing Death.
In his final submission to the court, one of the men's defence barristers characterised the incident as "death by CPR", referring to his interpretation and the doubt he saw in the medical examiner's report of the deceased.
He told the court: "All we have, effectively, is a contributing factor at best, on the crown's case."
A rupture to the heart has been ruled as the 39-year-old victim's cause of death.
Reading from the medical examiner's report, the court heard it was not possible to determine whether cardiac arrest was caused by "forceful impact to the chest by means of a blow or kick or resuscitative efforts".
The judge ruled causation was established for the committal proceedings, and then explained her decision on the situation for non-legal stakeholders to understand.
She said: "This is the committal proceedings and I'm not making any judicial determination at this stage, whether any, or all three of these defendants are guilty or not guilty of the charges that have been read to this court.
"It's my determination that the crown, for the purposes of the committal proceeding, has sufficient evidence to identify all three defendants as being present on the night and participating in the assault of the deceased as captured on the CCTV and as described by eye-witnesses in their witness statements.
"I have read the submission by the defence and prosecution in relation to this matter.
"I've read the forensic pathologist report.
"I don't have to find if there is sufficient evidence beyond reasonable doubt. I simply have to decide whether there's any evidence going to the elements of the charge.
"And there doesn't even have to be a great deal of evidence. There must be enough evidence for this court to be satisfied that a jury, properly instructed, and being left with the evidence, could convict the accused.
"It's just a very basic test."
In conclusion, the judge said: "I do find the evidence is sufficient to put all three men on trial in the supreme court, including the offence of murder."
Mango is uncertain whether we'll follow the case through the NT Supreme Court on July 18th, as we do prefer the stories or bread crumb trails that others don't.
We are The Mango Inquirer.
