Man denies he confessed to murdering woman who was attacked and set alight

A man accused of killing a woman in her bedroom in north-west Victoria and setting her body alight has denied confessing the crime to his brother. 

The burnt body of 70-year-old Merril Kelly was found by firefighters at the cemetery in her rural hometown of Quambatook in January 2025. 

Brian Robert Barnes, aged 68 and also from Quambatook, has pleaded not guilty to her murder and is standing trial in the Supreme Court in Bendigo.

The prosecution has alleged Mr Barnes snuck into Ms Kelly’s bedroom in the middle of the night and fatally struck her on the head multiple times. 

The prosecution alleged he then restrained her hands with zip ties and drove her body to the Quambatook cemetery, then used petrol to set her alight. 

Barrister David Cronin SC today told the jury Mr Barnes denied he told his brother words to the effect of, "I have premeditated murdered someone" or "I premeditatedly murdered someone", as alleged by the prosecution.

"There's no dispute he went to his brother's house and talked to him," Mr Cronin said.

"He denies that he said those words to his brother. He's also alleged to have said, 'She scratched me up.' Again he denies he said that."

Mr Cronin asked the jury to consider whether Mr Barnes's injuries were from falling off his skateboard, as the court heard he had explained to friends.

"He denies the allegation he murdered Mrs Kelly," Mr Cronin said.

"There might be evidence supportive of the idea Mr Barnes attended her house and there was a physical interaction between them.

"You shouldn't necessarily accept that evidence, and you shouldn't necessarily accept that he was the only person who could have inflicted fatal injuries to her."

Bloodstains and zip ties found

Crown prosecutor Patrick Bourke KC completed his opening address by telling the court Mr Barnes's alleged "violent, vicious attack" spoke of his intentions to kill or seriously injure Ms Kelly.

"Repeatedly striking her in the head, this 70-year-old woman in her bedroom … with such force that he fractured her skull in multiple places," he told the court.

He told the jury petrol had been poured over the upper half of her body at the cemetery before it was ignited.

As well as Mr Barnes's blue toenail being found in the driveway of Ms Kelly's home, Mr Bourke said police found an open packet of zip ties at his house and one in the tray of his ute.

He said DNA analysis found blood that was "statistically" Ms Kelly's in the tray of his ute, inside his washing machine and on his glasses.

Yesterday the court heard about a dispute that began in November 2024 over payment Mr Barnes said he was owed for work he had done at the Quambatook swimming pool.

Ms Kelly was the president of the community-run pool, among other positions she held with community organisations.

The court heard that the day before the alleged murder, Mr Barnes was banned from the swimming pool after an altercation with a volunteer.