Robert William Broad faced a two-day trial this week, charged in relation to the death of Tyson Timothy Clark-Robertson.  

Mr Clark-Robertson who was last seen in July 2016, nearly nine months prior to police discovering his remains in a shallow grave in the backyard of a Mayfield home.  

While summing up the case, Justice Robert Pearce told the jury the key issue was when Mr Broad discovered the killing. 

In his closing submissions, Crown Prosecutor John Ransom said it was inconceivable that Mr Broad did not have a genuine belief Mr Clark-Robertson had been killed. 

Mr Broad told police his housemate said Mr Clark-Robertson was gone, he’d killed him and the body was in the garden shed, but the accused claimed he did not believe those statements. 

Before Christmas in 2016, Mr Broad admitted to seeing what he thought was a shallow grave in his backyard while he was cutting the lawn. 

He confronted his housemate about the grave, but he was told it was a garden.

Mr Ransom said this was the moment it crystallised in Mr Broad’s mind that Mr Clark-Robertson was dead and his body was in the backyard. 

But defence lawyer Darrell Grey said it was important not to confuse Mr Broad’s hindsight with guilt.

His unsophisticated client was only able to piece together what happened after police told him they suspected Mr Clark-Robertson was dead, Mr Grey said.

“Suspicion is not knowledge,” Mr Grey said. 

It took the jury about two hours to determine Mr Broad’s fate.