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The Brisbane Zumba teacher who dug a large trench in his yard the day after his girlfriend disappeared is accused of her murder, but his defence suggests the alleged victim could still be alive.
Former Brisbane Zumba instructor Mark Sheridan Waden pleaded not guilty to murder at his trial before the Brisbane Supreme Court on Monday.
The expected 10-day trial will centre on the disappearance of former American beauty queen Priscilla Brooten.
Ms Brooten went missing in July 2018 from the Bracken Ridge home she shared with her then-partner of about one year, Mr Waden.
Her body has never been found.
Crown prosecutor Andrew Walklate argued, in his opening address, that Mr Waden killed Ms Brooten after she discovered messages between him and other women.
“On the evening of July 5, 2018, Priscilla Brooten disappeared … her daughter has not heard from her since,” Mr Walklate said.
“After that evening, as it appeared, the defendant began a series of actions and deceptions to which I say hid what he did to Ms Brooten that evening – it is my case that he murdered her.”
He claimed there was “significant strain” in the relationship, ignited by Mr Waden’s intense work commitments as a Zumba and fitness instructor, and Ms Brooten had started therapy as a result.
Mr Walklate claimed Mr Waden had initiated a “relatively intense” new relationship with a woman he met at work while Ms Brooten was still living in the home.
At the time of her alleged death, the court was told Ms Brooten, a US citizen, was living in Australia illegally as her visa status expired in 2009 and she relied on others for financial support.
Mr Walklate advised the jury the case would rely on a collection of circumstantial evidence.
Introducing the evidence he would rely on, Mr Walklate submitted Mr Waden made various “urgent” requests for a trench to be dug in his front garden the day after Ms Brooten’s alleged killing, with Mr Waden claiming the trench was to comply with council requests.
Snippets of forthcoming picture evidence to be presented at trial appear to show Mr Waden advertising on Airtasker a request to dig a 4m trench before the weekend was over.
The jury was advised they would hear further evidence that Mr Waden allegedly dug up the trench about a year later, in May 2019, and dumped about 800kg of soil at a Nudgee waste facility.
The prosecutor submitted Mr Waden’s vehicle was captured on camera after leaving the dump with a wheelie bin on a trailer.
Mr Walklate accused Mr Waden of assuming the identity of Ms Brooten’s ex-partner Steve Thompson to contact the US consulate.
The prosecutor alleged Mr Waden told the consulate Ms Brooten had fled to the US and was now being held against her will by another man.
He further claimed that Mr Waden had lied to others about her disappearance, telling friends she fled immigration police.
In his opening argument, Mr Walklate alleged Mr Waden gifted his new girlfriend Ms Brooten’s property, which was left at the shared home, including clothes, makeup and a mobile phone.
The court was told of a police interview, which would be heard at trial, in which Mr Waden allegedly told police that he had lied about certain details in order to paint Ms Brooten “in poor light”.
In his opening address, defence barrister James Godbolt asked the jury to “pay very careful attention” to the facts as opposed to inferences.
“This case, brought by the prosecution, is based on conjecture, based on speculation,” he submitted.
“What this case lacks is hard facts.”
Mr Godbolt conceded Mr Waden had lied following Ms Brooten’s disappearance but argued it was not an indication of guilt.
“It is clear Mr Waden told various lies, he gives reasons for telling and acknowledges telling various lies,” he said.
“You may think many of them are obvious – he was living with a woman but assuming a relationship with a workmate.”
He argued, despite copious forensic testing and investigations, there was no physical evidence to suggest Ms Brooten was buried in Mr Waden’s front yard.
“There is not a single piece of evidence that suggests the area excavated was used as a gravesite,” he said.
“None of it implicates Mr Waden in an offence.”
Mr Godbolt suggested Ms Brooten could still be alive.
“There is no proof of her death; it is clear from the evidence that she was unhappy,
it is clear she lived an unusual life,” he said.
“She was able to (stay in country) by having relationships with various persons, one of those was (her ex-partner) Mr Thompson.
“You might ultimately conclude that you are not even satisfied of Ms Brooten’s death.
“Perhaps she managed to leave the country under another name, perhaps she is still living in the country under the radar, perhaps she committed suicide.”
The trial will continue on Tuesday.
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