The man accused of killing Charlise Mutten says he didn’t know the schoolgirl’s body was on the back of his ute when he was caught on camera towing a boat and buying bags of sand.
Justin Stein has pleaded not guilty to murdering nine-year-old Charlise in January 2022, claiming it was the girl’s mother, Kallista Mutten, who shot her.
He faced a full day of questioning on 3 as the defence’s first and only witness in his murder trial before the NSW Supreme Court.
The 34-year-old said he did not think to call triple zero after witnessing Ms. Mutten shoot her daughter, despite not knowing whether the girl was alive.
During cross-examination, crown prosecutor Ken McKay SC suggested Mr. Stein didn’t call police because his version of events is not what actually occurred.
“It happened,” Mr. Stein said.
Ms. Mutten has denied having any involvement in her daughter’s death and broke down in tears when faced with the accusation from Mr. Stein’s lawyer during her own evidence on May 28.
Charlise’s body was found dumped by the Colo River, northwest of Sydney, four days after she was reported missing, with gunshot wounds to her head and lower back.
She had been visiting her mother and Mr. Stein over Christmas, who at the time were in a relationship.
During the visit, the group spent their time between a Mount Wilson property owned by Mr. Stein’s mother and a caravan at the Riviera Ski Park, about a 90-minute drive away.
Prosecutors allege Charlise spent the night alone with Mr. Stein at the Mount Wilson property on January 11 and at some point he killed her, either that evening or the next day.
According to Mr. Stein’s version of events, Charlise was alive on January 12 and travelled with him and Ms. Mutten to Sydney, before returning to Mount Wilson together.
Mr. Stein says he was working in a shed on the property that evening when he heard a gunshot and Charlise call his name.
“I went outside the shed ... that’s when I heard Charlise screaming, ’mummy, no', and then bang, there was a second gunshot,” Mr. Stein said.
Mr. Stein said Ms. Mutten repeatedly screamed at him, “you did this” and pointed the weapon at him, telling him to get a tarp from the shed.
When he returned from getting a tarp, Mr. Stein said both Ms. Mutten and Charlise were gone.
Mr. Stein said he returned to the house where he cried and rolled a joint in an attempt to calm himself down.
McKay questioned why Mr. Stein at no point alerted police or appeared to display any concern for Charlise' or his own safety in respect to Ms. Mutten.
“You heard two gunshots, Charlise Mutten was on the ground, in the dark ... you go up to the house, roll yourself a joint,” Mr McKay said.
“You don’t think about ringing triple-0 for Charlise.”
“No, I didn’t,” Mr. Stein replied.
Footage captured Mr. Stein the next day towing a boat with the barrel, and purchasing bags of sand from Bunnings which was later found alongside Charlise’s body.
But Mr. Stein claims he did not know the girl’s body was on the vehicle until later, and that he had purchased the sand to resurface underneath a patio.
Mr. Stein says he first drove to a boat ramp at Drummoyne to buy drugs, unaware Charlise’s body was on the back of his ute.
While he was at the boat ramp, Mr. Stein said he smoked another joint in order to, “kick back, relax”.
“While Charlise Mutten is missing, you don’t know where she is, but you believe she’s been shot, you’re kicking back and relaxing?” Mr McKay asked.
“Probably wrong choice of words,” Mr. Stein said.
Later the barrel came loose and he pulled over to check on it, according to Mr. Stein, which is when he says he discovered the girl’s body.
After driving around for several hours in what Mr. Stein said was a panic, he eventually dumped Charlise’s body at a remote section of the Colo River, the court was told.
Mr. Stein will return to the witness box on Tuesday to continue cross-examination.
