A woman accused of murdering her two adult children has been granted bail after more than six years behind bars.
Maree Mavis Crabtree’s release from custody on Wednesday comes after a judge questioned whether it was in the interests of justice for murder charge proceedings to continue against the 57-year-old.
"Usually bail is not given in relation to charges of murder because the temptation to flee when life imprisonment is mandatory upon conviction may become overwhelming," Justice Peter Davis said.
But that is not the case so much when the prosecution is weak, he added, saying the cases brought by the state have significant shortcomings.
Jurors were discharged on Tuesday from a Brisbane trial in which Crabtree had pleaded not guilty to murdering her son Jonathan Crabtree by giving him an overdose of prescription drugs in a fruit smoothie in July 2017.
The trial related only to the death in the family's Gold Coast home of the 26-year-old who had a brain injury from a car crash.
Crabtree was also committed in 2021 - but is yet to stand trial - for the alleged 2012 murder of her daughter Erin, 18.
The 57-year-old is also facing separate charges for benefit claims that were allegedly fraudulent.
Prosecutor Philip McCarthy KC opposed bail due to concerns Crabtree would interfere with witnesses, especially her daughter Tara whose evidence in relation to Jonathan's murder was crucial to the crown case.
Tara has mental health issues, is indemnified, on her own version a party to the murder, has probably destroyed evidence, given perjured evidence, apparently caused another to destroy evidence and given different versions over the years, Justice Davis said on Wednesday.
Objective evidence of police and experts contradicts Tara's version of events in “very material ways”.
Regarding the alleged murder of Erin, Justice Davis said the case was circumstantial.
“It too in my view has shortcomings.”
Discharging the Supreme Court jury, Justice Davis said new information had come to light.
“What has since been discovered is that there are hundreds if not thousands of pages of documents which have been provided by the Adult Guardian upon subpoena which may be relevant to the case," he added.
The Public Trustee is also likely to have documents, he said.
“It is in the interests of justice that these inquiries are made and proper opportunity given to the defence to study the material.”
Crabtree, who fist pumped as the judge said she would be bailed, is required to live at a specific address of a lawyer some distance from Tara, have no contact with any crown witnesses and wear an electronic monitoring device.
She made no comment as she walked from the courthouse, carrying a brown paper bag and trying to shield her face from cameras.
Her cases are due to be mentioned in Brisbane Supreme Court on March 11.
