Mohammed Khan has pleaded not guilty to murdering Syeid Alam on or about April 5, 2016. Mr Alam had been decapitated by the time his remains were found in a gully off the Fitzroy River on April 16.
Mohammed Khan has pleaded not guilty to murdering Syeid Alam on or about April 5, 2016. Mr Alam had been decapitated by the time his remains were found in a gully off the Fitzroy River on April 16.

Jury retires in Rockhampton beheading murder trial

THE jury in accused murderer Mohammed Khan's trial in Rockhampton has retired to deliberate after six days of evidence, and closing addresses.

Mr Khan has pleaded not guilty in the Supreme Court to the murder and beheading of his co-worker and fishing mate Syeid Alam on April 5, 2016 on the banks of the Fitzroy River.

The jury retired at 2.32pm today after Justice Graeme Crow read out his 17-page summary and directions.

"The burden of proof rests on the prosecution," Justice Crow said.

Crown prosecutor Joshua Phillips alleges Mr Khan ­murdered and decapitated his friend either over sexually ­explicit photographs or video of Mr Khan's wife Suparti ­Suparti, or as a way to hurt the man who had an affair with his wife - Syeid's brother.

Defence barrister Andrew Hoare argued Mr Khan knew about his wife's affair in mid February and remained friends with Syeid, with independent witnesses placing them at a barbecue two days before Syeid went missing.

The court heard the case against Mr Khan was circumstantial with no forensic evidence linking Mr Khan to Syeid's death.

Justice Crow said there were four elements to murder convictions - the deceased is proven to be dead, the ­defendant caused the death, the death was unlawful and, at the time of the act, the defendant intended to kill or cause grievous bodily harm to the victim.

The only issue the jury needs to consider is if Mr Khan was the person who killed Syeid Alam.

The jury must be satisfied 'beyond a reasonable doubt' that Mr Khan killed Syeid to find him guilty.


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