Croucher ordered that the trial of Kylie Stott, 40, Dimitri D’Elio, 27, and Danny Clarke, 41, on murder, kidnapping and arson charges be shifted to Melbourne, where remand conditions are better.
He found that the trio would be at risk of falling asleep in the dock and incapable of following court proceedings or giving proper instructions to their lawyers because of their tiredness if the trial remained in Shepparton.
Murder victim Charlie Gander’s body was found in a burnt-out car near Shepparton.Credit: Instagram
“These people are on trial for murder, the most serious crime in the criminal calendar, as well as kidnapping and arson. It is unthinkable in today’s world, to me at least, that police would engage in such behaviour all dressed up in the name of welfare,” Croucher said.
He said that while the policy, which was enforced across the state, appeared to be Victoria Police’s response to coronial findings into deaths in custody, those cases “involved circumstances nothing like the situation that obtains here.
“If it is truly aimed at welfare, it is a complete and utter overreaction,” Croucher said.
“There is no evidence that they are suffering mental or physical illness of the type that would require that sort of monitoring. They are classified as low a risk as the scale of classification allows, even by Victoria Police.”
Croucher urged police to rethink their approach, saying those responsible for the policy need “their heads read”.
“The consequence will be that, if this practice is going on throughout the regions … then it is the end of criminal trials of any substantial duration in those regional courts when the accused are in custody,” he said.
“Here, in Shepparton, we have this relatively new, massive, purpose‑built building, and there are similar buildings in other regional centres, and, yet, if this practice continues, they are not to be used for such trials. What a waste. What a disgrace. Victoria Police should hang their heads in shame. It is disgraceful.”
Croucher finished his judgment by sardonically commending the force for refusing to review or revise its policy.
The location on Loch Garry Road, where Gander’s body was found.Credit: Elisabeth Moss
“Well done, you, Victoria Police. Well done.”
On December 10, D’Elio was found guilty of murder, kidnapping and arson, Stott was found guilty of kidnapping and manslaughter, and Clarke was convicted of kidnapping.
Last week, Clarke was sentenced to four years in prison, with a minimum sentence of two years and four months, over his role in the death of teenager Charlie Gander.
The trio were accused of kidnapping Gander on Christmas Eve 2022 from a holiday park in Shepparton and murdering him before dumping his body in a car and setting it on fire.
The court heard the group believed Gander had implicated a friend of theirs to police in a crime.
D’Elio and Stott are to be sentenced on February 9.
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