Qld tourist murder evidence lacking: court
A woman accused of murdering an acquaintance before his body was found in far north Queensland bushland should only be tried as an accessory to the death, a court has heard.
Austasia Kapteyn, 22, was originally accused of being an accessory to the 2013 murder of 28-year-old Travis Davis but police later upgraded her charge to murder.
Police prosecutor Sergeant Jim Montague on Tuesday told a committal hearing at the Cairns Magistrates Court the murder charge had been based on a statement by Kapteyn's co-accused.
But the court heard the statement would not be admissible at trial and prosecutors don't have any other evidence to support the charge.
"We're not in a position to counter the no-case argument (brought by the defence)," Sgt Montague said.
Mr Davis' partly mummified remains were found at a remote campsite at Mona Mona, near Cairns, in November 2013, a month after he was reported missing.
The court heard Ms Kapteyn told police she heard yelling and fighting before her co-accused, who can't be named for legal reasons, came out of bushes with blood on his hands.
She also said some items were burned and told a man she had been taken to check on Mr Davis' body numerous times.
Kapteyn's defence barrister, Derek Kordick, told the court his client had originally lied about knowing about the man's death before admitting her involvement and assisting police with inquiries.
She was seen out and about with her co-accused and with Mr Davis' property, Mr Kordick said.
"The statements to police that were incorrect ... are a classic example of what an accessory would be before changing her mind and giving the real story," he said.
Magistrate Jane Bentley has the option to order Kapteyn to stand trial for being an accessory.
She reserved her decision for a date to be set.
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