Eight-year-old Elizabeth Rose Struhs died on January 7, 2022 at her family’s home in Toowoomba, west of Brisbane, after six days without her prescribed insulin shots for type-1 diabetes.
All 14 defendants faced Brisbane Supreme Court today and one-by-one stood and were asked if they wished to give evidence themselves, call witnesses or produce witnesses in their defence.
Elizabeth’s father, Jason Richard Struhs, 52, and Brendan Luke Stevens, the 62-year-old leader of her family’s church group, faced a judge-only trial for murder over the past eight weeks before Justice Martin Burns.
“No thank you, your Honour,” Struhs said when asked if he wanted to provide any form of evidence in his defence.
When asked the same question Stevens said: “No, I won’t. Thanks, your Honour”.
Elizabeth’s mother, Kerrie Elizabeth Struhs, 49, along with 11 other members of the congregation also faced trial charged with manslaughter.
They all declined to give testimony, produce evidence or call witnesses.
All 14 defendants have refused to enter pleas and represented themselves at trial.
Like any accused facing trial, the defendants are presumed innocent and are under no obligation to provide evidence in their own defence.
Justice Burns cannot take any negative inference from the decision by the defendants not to give evidence.
The prosecution completed its case on August 23 and Justice Burns spent more than a week hearing submissions on the admissibility of evidence.
Crown prosecutor Caroline Marco previously told Justice Burns the religious group, calling itself ‘The Saints’, had aided or encouraged Elizabeth’s parents to lower and then stop her doses of insulin as the treatment came from doctors and was created by man.
“Their extreme beliefs as a small congregation were that God would heal her,” Ms Marco said.
The defendants today told Justice Burns they intended to give at least one closing address to the trial but had not decided who would speak.
Justice Burns agreed to the defendants’ request to adjourn the trial until Thursday afternoon to give them time to discuss any closing statements.
“The submissions you make have to be about you and what you say I should do … ordinarily what you would need to cover is the evidence against you (and) the criminal responsibility that the Crown alleges,” Justice Burns said.
In response to questions, Justice Burns said the defendant with the most to say could be allowed to speak first and allow others to adopt parts of their closing address.
Stevens gave an opening address on behalf of all the defendants at the start of the trial.
The other defendants are Zachary Alan Struhs, 21, Loretta Mary Stevens, 67, Andrea Louise Stevens, 34, Sebastian James Stevens, 23, Therese Maria Stevens, 37, Acacia Naree Stevens, 31, Alexander Francis Stevens, 26, Camellia Claire Stevens, 28, Keita Courtney Martin, 22, Lachlan Stuart Schoenfisch, 34, and Samantha Emily Schoenfisch, 26.
