Judge tells retiring triple murder jury to consider if survivor truthful

The presiding judge in a triple murder and attempted murder trial in north Queensland has told a retiring jury to consider if evidence from a man who said he survived the alleged shooting is truthful.

The jury in the trial of Queensland grazier and coal miner Darryl Valroy Young has retired to consider its verdict.

Mr Young, 63, is charged with three counts of murder and one count of attempted murder.

He pleaded not guilty to all charges in the Supreme Court trial in Townsville.

The jury retired to consider its verdict on Wednesday after hearing three weeks of evidence and two days of closing addresses from prosecutors and defence lawyers.

The trial heard that married couple Mervyn Schwarz and Maree Schwarz and her son Graham Tighe were found dead at the gate of Mr Young's Shannonvale Station at Bogie on August 4, 2022.

The trial heard from Ross Tighe, Graham Tighe's brother, who told the court he saw the accused shoot his family.

Ross Tighe also told the court that he was shot by Mr Young but that doctors did not remove the projectile from his body.

On Tuesday morning, Mr Young's defence lawyer Anthony Kimmins said Ross Tighe could be the "murderer" and could have "shot himself".

Prosecutor David Nardone dismissed the suggestion on Tuesday afternoon as a "fantasy".

In his summing up on Wednesday, Justice Christopher Johnstone told jurors that Mr Kimmins never asked Ross Tighe if he was lying.

"You may recall that it was not suggested in cross-examination of Ross Tighe that any of his evidence was a lie," Justice Johnstone said.

He said the jury must consider if Ross Tighe was truthful.

"Mr Kimmins suggested to you that the evidence that has been led suggests that Ross Tighe was the murderer," he said.

"The prosecution has made many submissions to you about the credibility of Ross Tighe and the evidence which it relies on to support Ross Tighe's version of events as he described them.

"It remains necessary for you to satisfy yourself that he is truthful."

Justice Johnstone reminded the jury that a doctor who treated Ross Tighe told the trial he believed he would have died from his wound, due to blood loss or infection, if not for medical intervention.

In his closing address, prosecutor David Nardone said Ross Tighe told the truth in his evidence.

Alibi consideration

Justice Johnstone told the jury that if they accepted an alibi claim by Mr Young, he should be found not guilty.

He also said if the jury did not accept Mr Young's alibi that it did not necessarily make him guilty.

"His defence is that he was somewhere else," he said.

"It is for the prosecution to prove beyond reasonable doubt that Mr Young was at the gate at the time."

On Tuesday afternoon, Mr Nardone recalled evidence of ammunition in Mr Young's home which matched spent rounds found at the scene of the alleged shooting.

The prosecutor also said that wind farm workers identified Mr Young as being at the scene of the alleged shooting about half an hour before it is said to have occurred.

He repeated evidence from two witnesses who said they overheard Mr Young angrily demand a meeting with the family the evening before the alleged shooting.

Defence lawyer Mr Kimmins said Mr Young did not own the ammunition found in his home or at the gate and did not arrange a meeting.