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BRISBANE — A man has been cleared of murdering a British woman during a break-in at her home in Australia.
Emma Lovell, 41, was stabbed after confronting two intruders in a suburb north of Brisbane on Boxing Day 2022.
A judge listened to three days of evidence earlier this month – and handed down his not-guilty verdict on Thursday.
The other man admitted murder earlier this year, and was jailed for 14 years.
The judge-only trial heard it had been accepted the second defendant, who cannot legally be named as he was 17 at the time of the attack, did not stab anyone himself.
The matter in contention was whether he knew his co-accused – also then aged 17 – was carrying a knife.
He had earlier pleaded not guilty to murder.
Mother-of-two Mrs Lovell emigrated from Ipswich in Suffolk in 2011 with her daughters and her husband Lee, who was also injured in the attack.
The couple had confronted the intruders on the front lawn of their home, after being alerted by the sound of their dogs barking.
The second defendant, who cannot be named for legal reasons, had also pleaded not guilty to armed break-in as well as malicious acts and assault occasioning bodily harm on Mr Lovell, who was kicked and then stabbed in the back.
He was convicted of burglary and assault, but cleared of more serious charges including the alternative charge of manslaughter.
The prosecution had argued he was liable for Mrs Lovell’s murder as the pair intended to break into the home while armed and there was the potential they could endanger human life.
But the teenager’s defence team said there was no proof beyond reasonable doubt that he had knowledge of the knife. The judge ultimately agreed.
Speaking outside court, an emotional Lee Lovell described the verdict as “a bit of a joke”.
“I don’t feel justice for Emma one bit. You try to do the best you can for her, and I don’t feel I’ve been able to do that,” he said.
“We’re the ones left with the life sentence.”
The case was heard by a judge alone because the issue of youth crime was a key debate during last weekend’s state government elections – and it was feared this could prejudice a jury.
The Liberal National Party swept to power in Queensland, with a campaign that promised tougher sentences for juveniles under the slogan “adult crime, adult time”.
Justice Michael Copley remanded the man in custody, awaiting a pre-sentence report by early December.
Defence barrister Laura Reece told the court that her client may be eligible for release soon, given he had been on remand since the incident almost two years ago. — BBC
