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Murder trial delay

03 Nov, 2009 07:58 AM
THE trial for the man accused of murder of the elderly couple left for dead in their Mount Isa home in August will not go ahead until next year.

Fred Mabb, 82, was found dead in his Pelican Road home on August 17.

Mr Mabb’s wife, Phyllis Mabb, 71, was found severely bashed at the home and died days later in Mount Isa Hospital.

The man charged with their deaths, Donald Tommy George, 18, who is being held at a Townsville Correctional Facility and did not appear in court yesterday, currently faces six charges.

He faces charges of attempt to enter a dwelling with intent at night and common assault for the incident along Pelican Road on August 15.

In addition, the charges of attempt to murder, enter a dwelling with intent at night – violence whilst armed and murder have been listed by police to have allegedly taken place between the broader time frame between August 14 and 18.

Mr George also faces a separate unrelated charge of wilful damage after an incident on August 6.

Police and defence solicitors required more time to prepare and assess evidence and witness statements, Mount Isa Magistrate’s Court heard yesterday.

Police said about 86 exhibits were yet to be forensically analysed by experts in Brisbane.

The court heard that it was expected this process would be completed at the end of January.

To provide adequate time, the court has set the next court date for February 23.

The sets of charges related to the differing dates of August 15 and 14-18 are currently being filed separately.

However, yesterday the court heard there was an overlap between about 70 witness statements compiled by police during the murder investigation, with statements addressing multiple charges.

Yesterday Magistrate Howard Osborne said there was no reason the files should not be dealt with together, subject to any objection from the defence solicitors, who were yet to see all related police reports.

The matter was expected to be clarified when the court next discussed the case in February.

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