WA: Footbridge murder case "circumstantial", court told

AAP General News (Australia)
04-08-2004
WA: Footbridge murder case "circumstantial", court told

By Trevor Robb

PERTH, April 8 AAP - The case against three men accused of throwing a young man to
his death from a footbridge six years ago was "circumstantial at best", Western Australia's
Supreme Court was told today.

The men - Salvatore Fazzari, Carlos Pereiras and Jose Martinez - were charged last
month with the wilful murder of Phillip John Walsham, who died from head injuries in February
1998.

Applying for bail today, lawyers for the three men said police did not have enough
evidence for a prima facie case, and the delay in laying charges signified the evidence
was not strong.

And they said that if freed on bail, the men would not abscond because they could have
done so at any time in the six years before charges were brought.

"At best it is a circumstantial case," said Mark Gunning, acting for Pereiras.

Michael Bowden, acting for Fazzari, agreed.

"I think if it was such a strong and obvious case it I would have expected an arrest
before that date," Mr Bowden told the court.

"We must not forget they are presumed by law to be innocent of the charges."

The court was told that Fazzari, 23, from Stirling, Pereiras, 24 of Girrawheen and
Martinez, 24, of Balcatta, were all in full-time work and lived in stable home environments
with their parents.

They said their clients would also accept rigid conditions such as curfews and daily
reporting to police.

Prosecutor Dave Dempster argued that the defendants may have stayed in Perth because
they thought the matter would never make it to court.

"The defendants may well have thought that as time went on they would never face this
charge," Mr Dempster said.

"This isn't a case where there is some inherent weakness in the state's case."

He agreed the delay in bringing charges against the men was unusual, but not exceptional,
saying there was a strong public interest in ensuring that such trials were concluded.

The three men were charged with the wilful murder of Mr Walsham six years after he
plummeted to his death from a footbridge near Stirling railway station in Perth's northern
suburbs.

Police allege Mr Walsham was thrown from the bridge following an earlier altercation
at the train station.

A fourth man, now aged 24, who was a juvenile at the time of the alleged attack and
cannot be named, has also applied for bail in the Children's Court. A decision is pending.

Supreme Court Justice Carmel McLure reserved her decision on today's bail application
with the result to be delivered on a date to be fixed.

AAP tgr/tc/cmc/br

KEYWORD: WALSHAM

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