A timeline laid out for the alleged murder of a young dad is “doubtful” and would require “almost inhuman efficiency”, a jury has heard.
On Thursday, barrister James Anderson gave his closing address to the Supreme Court trial of his client, Albert Thorn, 57.
Mr Thorn, alongside co-accused Rikki Smith, 26 and Jordan Bottom, 25, have pleaded not guilty to the vigilante murder of Bradley Lyons, 30, whose body was discovered in a bush grave in March 2019.
Prosecutors allege Mr Lyons was kidnapped three months earlier from his Lakes Entrance home on December 2 and was killed over rumours he was sexually abusing children.
The case against the three men alleges Mr Lyons was taken back to Mr Thorn’s farming property, where he was tortured and left in the boot of a car for hours.
In his closing address, crown prosecutor Raymond Gibson KC said phone records indicate the men allegedly left the farm after 2.30am and returned at 4.37am.
“There was ample time for the three of them to have driven to Gin Creek Road, dug a shallow grave … he’s shot dead, covered up quickly, and out of there,” he said.
“Forty-five minutes up, 45 minutes back, gives you 37 minutes to dig a shallow gravel with three men assisting in various ways.”
Mr James Anderson, whose client denies he was present when Mr Lyons died, said that timeline would require “almost inhuman efficiency”.
“In Thorn’s case, you have no evidence he got into the Corolla,” he said.
“We say he didn’t; his role was done after Lyons was kidnapped.”
Mr Anderson told the court “common sense” would say locating the gravesite, digging a grave in hard clay soil and cleaning up after would take much longer.
He said the evidence does not discount the possibility Mr Lyons left his client’s home alive with Mr Bottom and Mr Smith about midnight.
“Thorn wasn’t in the car. He wasn’t there, simple. That’s our defence and that’s as simple as the defence case gets,” he said.
Earlier this week, lawyers acting for Mr Bottom and Mr Smith both told the jury their clients admitted they were there when Mr Lyons was shot, but did not know he was going to die.
Instead, they pointed the finger at Mr Thorn for allegedly firing the fatal shot.
Crown prosecutor Raymond Gibson KC said the case alleged each man knew what was going to happen and participated voluntarily.
“This was nothing short of vigilante action,” he said. “People taking the law into their own hands and dishing out vigilante justice.”
Justice Andrew Tinney told the jury they would be sent out to reach a verdict next week.
The trial continues.
ncG1vNJzZmivp6x7r7HWrGWcp51jrrZ7zZqroqeelrlwwsicq6iqmZZ8pLvUq6usZZyWxHDAyKacpaGemnqwsoyao6Wdl5qxbsLIoKClmZ6psm651Kubnqpdmby2rtOfrKVlnJbEurHRZpqlmZmiwHC6xLCqZqukpL%2B6e8GdnJqbZWqwpH%2FAm21ucWaXr6R9j26YnJqSlrBxgo%2Bb