Defence says accused man’s alleged confession may have described a dream

Brian “Bert” Barnes, 67, has pleaded not guilty to murdering Merril Kelly, 76, in Quambatook, Victoria. At his trial, his defence argued that an alleged confession to his brother may have been a statement about a dream, or may have been misheard; the case matters because the jury must decide whether the prosecution has proved Barnes committed the killing.

The prosecution alleges Barnes told his brother he had deliberately murdered Kelly and used zip ties, while she fought back and scratched him. The defence disputes that account and says his injuries could have come from a skateboard fall, questions whether he was conscious and deliberate, and says someone else may have inflicted the fatal injuries. Kelly’s burnt body was found near a cemetery after a fire was reported shortly after 6.30am on 21 January last year.