THE murder charge against a 15-year-old boy has been dropped in relation to the violent killing of Bordertown man Rex Court in Mount Gambier earlier this year.
The boy appeared in the Adelaide Youth Court today and the Director of Public Prosecution withdrew the charge of murder.
While the most serious count has been dropped, the boy still faces a single charge of causing serious harm to another, which has been adjourned for a mention-only hearing on February 23.
The Director of Public Prosecution indicated it will conduct further enquiries in relation to the remaining charge before the February hearing.
Following this morning’s brief hearing, relieved family members embraced the boy in court.
Brothers Dominic, 20, and Jordan, 24, Von Stanke are now the only men charged with the murder of Mr Court, a 32-year-old father of three, which occurred during a fight on Commercial Street East at around 9pm on May 13.
They were granted home detention bail on Wednesday with their guarantors required to lodge $40,000 with the court.
Their barrister Mark Griffin QC, argued that they should be released to make it possible to prepare their defence.
“They are on remand at Port Augusta Prison,” Mr Griffin said.
“To obtain instructions and provide them with the necessary materials involves complex logistics and an eight-hour round trip.”
Mr Griffin argued that the appointments with the men at the prison were not long enough to obtain full instructions.
The prosecution strongly opposed the pair’s release as they have done during two previous bail applications.
They once again argued that the allegations were far too serious and that the proposed residences were unsuitable.
Justice Nicholson said the strict conditions should alleviate the risk of further offending.
He released the pair on strict home detention bail until their next court appearance on January 15
The pair will be required to live at separate addresses with their father and uncle.
Both Von Stankes are yet to enter pleas to the charges.
Mr Griffin made an indication he would be making an application to the court to cross-examine a forensic pathologist about whether self-defence could have been possible in the brawl.
