Current Trial Toyah Cordingley * Murder Trial of Rajwinder Singh

[Anj]

The next pre-trial hearing starts this afternoon.
This is going to be interesting.
Not sure if the trial is still scheduled to start on Monday.

The Cairns Post

The Cairns Post

www.cairnspost.com.au

'Police to be cross-examined at Rajwinder Singh pre-trial hearing​

Police officers are likely to be grilled by accused murderer Rajwinder Singh’s legal counsel over potential statements connected to Toyah Cordingley’s death.

Bronwyn Farr
July 18, 2024 - 10:54AM

Three police officers are expected to be cross-examined in an eleventh hour-pre-trial hearing for murder accused Rajwinder Singh in Cairns Supreme Court on Thursday.
...
Defence barrister Angus Edwards KC said his instructing solicitors found out from a member of the media there was apparently a statement made by someone who was possibly the last person to see Ms Cordingley alive.
...
“We found out there was a statement we had not been provided with, had not seen and were not told about it,” Mr Edwards previously told the court.

He said it did not form part of the brief of evidence the prosecution had provided Mr Singh’s legal team.

“We have concerns there may be additional material we have not been provided with … we have subpoenaed the media person in relation to the document they may have,” Mr Edwards said.

He said there was allegedly a statement from a person who saw Ms Cordingley walking on the beach with a man walking behind her, at 2.30pm, not long before she sent what would be her final text message, to her boyfriend Marco Heidenreich, at 3.17pm.

Mr Edwards said he wanted a further pre-trial hearing – known as a Basha inquiry – to cross-examine three police officers.

“We want to know what material is outstanding, we don’t want to be left in the dark until matters are disclosed by the media to us,” he said.

Justice Henry stated the Basha hearing was to properly test if there existed any further material.

The hearing is set for 1.30pm today.'

New trial date 25th February, due to further evidence that the defence needs to examine.

 

[Underarrest_]

New trial date 25th February, due to further evidence that the defence needs to examine.

Geez, I know the court has to do this but feeling so much for Toyah’s family right now. They’ve waited so long, too long for this trial and justice!!

 

[Anj]

Geez, I know the court has to do this but feeling so much for Toyah’s family right now. They’ve waited so long, too long for this trial and justice!!

Yes, I agree. However, I believe the further evidence being uncovered may well cast further doubt on the case against the accused.

 

[Underarrest_]

Yes, I agree. However, I believe the further evidence being uncovered may well cast further doubt on the case against the accused.

It’s beyond me how they’ve extradited a man from India, paid a million dollar reward and yet not included everything in the brief of evidence and this has to be delayed.
Hopefully they’ll get to the truth.

 

[Anj]

It’s beyond me how they’ve extradited a man from India, paid a million dollar reward and yet not included everything in the brief of evidence and this has to be delayed.
Hopefully they’ll get to the truth.

It's sure to be an interesting trial

 

[BFew]

With the Queensland State Election due on 26th October this year (3 months time), how potentially convenient for the current Government that the trial has been delayed until after the election.

And that's before we get started on what I assume is the potential joint liability the QLD Government is now open too, for what Singh's original Legal rep (Government appointed/funded) didn't do, as slammed by the Judge (again) today and spelled out in the below.

The Cairns Post

The Cairns Post

www.cairnspost.com.au

'Trial of Rajwinder Singh for murder of Toyah Cordingley won’t start this year​

There has been a shock development in the case against murder-accused Rajwinder Singh. Find out what happened in court today here.
Bronwyn Farr
July 18, 2024 - 5:10PM

Almost six years after Cairns woman Toyah Cordingley, 24, was allegedly murdered at Wangetti Beach, the long-awaited trial of the man charged with her murder has been delayed by eight months.

Rajwinder Singh, 40, is charged with murdering Ms Cordingley on October 18, 2018, at the uninhabited beach north of Cairns.

But his defence barrister Angus Edwards KC sought an adjournment, telling the court there was a vast amount of police material for the defence team to examine.

“To put it bluntly, the defence is not in a position to represent Mr Singh due to the disclosure of a large amount of material,” Mr Edwards told the court on Thursday.

Almost six years after Cairns woman Toyah Cordingley, 24, was allegedly murdered at Wangetti Beach, the long-awaited trial of the man charged with her murder has been delayed by eight months.

Rajwinder Singh, 40, is charged with murdering Ms Cordingley on October 18, 2018, at the uninhabited beach north of Cairns.

But his defence barrister Angus Edwards KC sought an adjournment, telling the court there was a vast amount of police material for the defence team to examine.

“To put it bluntly, the defence is not in a position to represent Mr Singh due to the disclosure of a large amount of material,” Mr Edwards told the court on Thursday.

“What has been disclosed is inculpatory for Mr Singh, there were other gullies the police travelled down, some drier than others, some quite boggy, the police focused on several different suspects over time.

“It is ultimately clear Toyah Cordingley was murdered, the question is who did it,” he said.

Usually a murder trial is preceded by a committal - a preliminary hearing held in the Magistrates Court to determine whether there is sufficient evidence for an accused person to stand trial in a higher court.

However, Mr Singh’s former legal representative Derek Perkins did not apply to cross-examine witnesses before the matter made its way to the higher courts.

The matter was handed up from the Magistrates Court to the Supreme Court at a registry committal, meaning the defence had not explored the brief of evidence provided by the Director of Public Prosecutions.

In April, Justice James Henry was scathing of Mr Perkins, saying it was “unheard of in a murder trial” and referred him to the Queensland Legal Services Commission for investigation.

Mr Perkins is still listed as a registered solicitor with the Queensland Law Society.

Mr Singh is now represented by the firm Fisher Dore Lawyers, who have engaged high profile Brisbane barrister Angus Edwards KC, along with assisting barrister Brydie Bilic.

Four police officers and a civilian were listed to appear at a pre-trial hearing today.

But Mr Edwards said he wanted to see not only evidence that was relevant for Mr Singh, but evidence that may implicate other people.

“Material has not been disclosed,” he said.

He said there was hundreds of hours of recordings.

The new trial date is February 25, 2025, and a further pre-trial hearing is set for July 25 this year.

“We found out there was a statement we had not been provided with, had not seen and were not told about it,” Mr Edwards previously told the court.

He said it did not form part of the brief of evidence the prosecution had provided Mr Singh’s legal team.

He said there was allegedly a statement from a person who saw Ms Cordingley walking on the beach with a man walking behind her, at 2.30pm, not long before she sent what would be her final text message, to her boyfriend Marco Heidenreich, at 3.17pm.'

 

[BFew]

Some more facts about the mystery witness came out today that the prosecution appears to have unfairly hidden from the defence (and the judge?), and that were not made public last month when the news first broke.

And of course the scheduled cross-examination today of the 3 police officers related to this was also deferred to next year.

Justice Henry did not beat about the bush today when he said.
proceeding to trial would have likely led to a successful appeal against any conviction.

Rajwinder Singh's trial over alleged murder of Toyah Cordingley delayed to 2025

Rajwinder Singh was due to stand trial next week over the alleged murder of Toyah Cordingley on a Queensland beach almost six years ago. His counsel has secured a last minute delay.

www.abc.net.au

'At an earlier pre-trial hearing last month, Mr Edwards told the court the defence team had learned from a member of the media about a witness who "may [have been] the last person to see the deceased alive".

The court heard the witness contacted Crime Stoppers twice, eventually making a statement in 2019, which said they saw Ms Cordingley "walking up the beach with a man who is described as walking behind her".

Mr Edwards was expected to cross-examine three police officers about that witness at today's hearing, but they were not called.'

Crown Prosecutor Nathan Crane said he was ready to proceed with the trial but did not oppose Mr Edwards' bid for an adjournment.
...
Discovery and disclosure of material usually occur at an earlier stage of criminal proceedings, such as when the case is before the magistrates court.
...
Justice Henry said the case was circumstantial with "no direct evidence Mr Singh was the killer".

"The prosecution relies on a collection of various facts as circumstantial evidence to contend he was the killer," he said.

"In a circumstantial case, it is necessary not only that the evidence is sufficient to sustain the inference of guilty, [but] it is also necessary that it is sufficient to exclude any reasonable hypothesis consistent with innocence."

Justice Henry said proceeding to trial would have likely led to a successful appeal against any conviction.

This decision may be seen as an upsetting development," he said.

"But it pales by comparison to the injustice involved in pressing on with a trial listing when such a trial would not be fair because of the problems I have identified.
..."

 

[Underarrest_]

Some more facts about the mystery witness came out today that the prosecution appears to have unfairly hidden from the defence (and the judge?), and that were not made public last month when the news first broke.

And of course the scheduled cross-examination today of the 3 police officers related to this was also deferred to next year.

Justice Henry did not beat about the bush today when he said.
proceeding to trial would have likely led to a successful appeal against any conviction.

Rajwinder Singh's trial over alleged murder of Toyah Cordingley delayed to 2025

Rajwinder Singh was due to stand trial next week over the alleged murder of Toyah Cordingley on a Queensland beach almost six years ago. His counsel has secured a last minute delay.

www.abc.net.au

'At an earlier pre-trial hearing last month, Mr Edwards told the court the defence team had learned from a member of the media about a witness who "may [have been] the last person to see the deceased alive".

The court heard the witness contacted Crime Stoppers twice, eventually making a statement in 2019, which said they saw Ms Cordingley "walking up the beach with a man who is described as walking behind her".

Mr Edwards was expected to cross-examine three police officers about that witness at today's hearing, but they were not called.'

Crown Prosecutor Nathan Crane said he was ready to proceed with the trial but did not oppose Mr Edwards' bid for an adjournment.
...
Discovery and disclosure of material usually occur at an earlier stage of criminal proceedings, such as when the case is before the magistrates court.
...
Justice Henry said the case was circumstantial with "no direct evidence Mr Singh was the killer".

"The prosecution relies on a collection of various facts as circumstantial evidence to contend he was the killer," he said.

"In a circumstantial case, it is necessary not only that the evidence is sufficient to sustain the inference of guilty, [but] it is also necessary that it is sufficient to exclude any reasonable hypothesis consistent with innocence."

Justice Henry said proceeding to trial would have likely led to a successful appeal against any conviction.

This decision may be seen as an upsetting development," he said.

"But it pales by comparison to the injustice involved in pressing on with a trial listing when such a trial would not be fair because of the problems I have identified.
..."

Unbelievable!

 

[Kurve]

key witness to murder then threatened by desperate, proven person/people that are willing to kill.

Has Singh made any statement to that effect? Has he said he was threatened?

 

[BFew]

Justice Henry did not beat about the bush today when he said.
proceeding to trial would have likely led to a successful appeal against any conviction.

9news reports a bit more on the above, by including that the reversal of a conviction (on appeal) would be followed by a re-trial.

Trial against Toyah Cordingley's accused murderer delayed to next year

www.9news.com.au

'Justice Henry said to continue proceedings next week would be so manifestly unjust that in the event of a conviction it would be reversed on appeal and a retrial ordered.'

 

[BomberManU]

I know re-scheduling wouldn't be easy, but 8 months is a long time - must be a lot of stuff to go through!

 

[Anj]

I know re-scheduling wouldn't be easy, but 8 months is a long time - must be a lot of stuff to go through!

Apparently the new evidence will take thousands of hours to plough through. The other problem is the availability of the top gun barrister (Angus Edwards KC) who will have to shift other matters to make the Feb date work. The other suggestion was April.

 

[BFew]

As you can see from today's article on this case, had Singh's original defence team done their job properly, the magistrate might have by now already ruled that there was not enough evidence to uphold a conviction and the case dismissed.

So it appears that the case is now faced with effectively going over the committal process again (for the evidence that appears to have been available to the original defence lawyer had he done his job properly), which I assume means that the magistrate has to again assess (at the end of this process early next 2025) whether there is sufficient evidence to proceed to trial, or whether to dismiss the case and release the defendant.

Note: The Magistrate is quoted as saying
“There is no indication of any lack of professional diligence in this context by the prosecution."

 

[Anj]

At this stage, it is still expected that there will be a full five-week jury trial commencing at the end of February. This is unless the defence team unearths additional crucial evidence in all of that new material that will be sifting though, and then make the appropriate applications to Justice Henry.
Unfortunately we don't know what evidence the Crown has against Singh other than it is purely circumstantial (according to Justice Henry).

 

[BFew]

Unfortunately we don't know what evidence the Crown has against Singh other than it is purely circumstantial (according to Justice Henry).

Neither do we know what evidence the defence has for Singh, that might cast enough doubt about who else killed Toyah, or might have killed Toyah.

 

[Anj]

Neither do we know what evidence the defence has for Singh, that might cast enough doubt about who else killed Toyah, or might have killed Toyah.

We know some things from the pre-trial hearings:
1. Toyah was, on the very day she was murdered, about to leave her partner for another with whom she had been seeing behind his back;
2. The DNA evidence the police claimed proved Singh's guilt was highly doubtful;
3. Toyah had texted a friend in the days before her murder about how angry the partner had become;
4. The partner's alibi could be viewed as not watertight.
5. DNA evidence found on Toyah's bikini ties belonged to the partner. You will find out more about this in the trial.

 

[Underarrest_]

We know some things from the pre-trial hearings:
1. Toyah was, on the very day she was murdered, about to leave her partner for another with whom she had been seeing behind his back;
2. The DNA evidence the police claimed proved Singh's guilt was highly doubtful;
3. Toyah had texted a friend in the days before her murder about how angry the partner had become;
4. The partner's alibi could be viewed as not watertight.
5. DNA evidence found on Toyah's bikini ties belonged to the partner. You will find out more about this in the trial.

Very coincidental the boyfriend was heading north out of town and passed her car on the way up and back, and then there’s Jersey who was apparently missing during this time then the DNA.
I don’t know how they could even ask Singh to identify the perpetrator/s now as he would have already seen the BF in the media.

 

[Anj]

Yes, all of that and more. However, as I said previously, we still don't know what the police case is against Singh. It's hard to have a balanced opinion until this is made known

 

[Underarrest_]

Yes, all of that and more. However, as I said previously, we still don't know what the police case is against Singh. It's hard to have a balanced opinion until this is made known

Very true, I just can’t see police paying out a million dollar reward for his location if they didn’t have a solid circumstantial case.
As you said we’ll have to wait until more is known.

 

[Underarrest_]

We know some things from the pre-trial hearings:
1. Toyah was, on the very day she was murdered, about to leave her partner for another with whom she had been seeing behind his back;
2. The DNA evidence the police claimed proved Singh's guilt was highly doubtful;
3. Toyah had texted a friend in the days before her murder about how angry the partner had become;
4. The partner's alibi could be viewed as not watertight.
5. DNA evidence found on Toyah's bikini ties belonged to the partner. You will find out more about this in the trial.

Sorry just wanted to add
6. BF was the last person in vicinity of the crime scene (before TC was found.)

 

[BomberManU]

5. DNA evidence found on Toyah's bikini ties belonged to the partner. You will find out more about this in the trial.

You know something about this?

 

[BFew]

You know something about this?

It was reported in the media and I either quoted this or posted the article with this in it in here recently.

 

[Flog111]

I’m pretty sure it’s the Indian fella. He fled the country.

 

[BomberManU]

I’m pretty sure it’s the Indian fella. He fled the country.

Appeared to be a slam dunk, until other info came to light.

 

[Underarrest_]

Appeared to be a slam dunk, until other info came to light.

I find it strange that the BF’s DNA was found on Toyah’s bikini and the BF said he hadn’t been intimate with her for some days. If the BF was responsible he would know that his DNA would possibly be found on Toyah. Why wouldn’t he have just said they’d been intimate when she called in home before she left for her walk?
Refer post 418.