Danny Clarke, 41, of Shepparton, Dimitri D’Elio, 27, of Mooroopna, and Kylie Stott, 40, of Shepparton, are each charged with murder, kidnapping and arson over the death of 19-year-old Benalla man Charlie Gander, whose body was found in a burnt car on December 24, 2022.
They have pleaded not guilty to the charges and have been on trial in the Supreme Court since Thursday, May 29.
The prosecution alleges the trio entered into an agreement, arrangement or understanding to kidnap and kill Mr Gander, before burning his body in a car they set fire to on a remote road at Bunbartha.
The trial saw 41 witnesses – including police officers, experts and first responders to the scene – give evidence either in-person, online, or through a statement read out by the prosecution.
The trial also saw evidence including police and CCTV footage, phone tower data, maps and communications.
Justice Michael Croucher began delivering his final instructions to the jury on Wednesday, July 9 – day 28 of the trial.
One of the things he spoke to the jury about was considering evidence from witnesses.
“There are undisputed facts... you must accept them,” he said.
“It’s up to you what weight should be attached to particular pieces of evidence.”
He said one witness in particular, Brandon May, may be “untruthful or unreliable” based on his motive to lie, because Mr Gander had made a statement against his brother Tyson May.
However, he said they were still entitled to act on his evidence if they accept it as truthful and accurate.
Justice Croucher also told the jury Mr D’Elio and Mr Clarke gave “conflicting” evidence, and if they believed one of them, they must find them not guilty.
Although it isn’t necessary to prove a motive for the charge of murder, Justice Croucher said the prosecution alleges Mr Gander was murdered because Mr D’Elio and Ms Stott believed he “ratted” on Tyson May to police, and Mr Clarke was the “muscle” brought in to help.
He told the jury that they must reach a verdict solely based on the evidence that had been presented to them.
“You alone are the judges of the facts of this case,” Justice Croucher said.
“It’s not my responsibility to decide this case, it’s yours.”
Justice Croucher will continue giving his final instructions to the jury on Thursday, July 10, as the trial enters day 29.
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