Everton “Beachy Stout” McDonald, who is currently on trial for the murder of his second wife Tonia, was cleared of an additional charge of conspiracy to commit murder.

Denvalyn Minott, who is already serving 19 years in prison after pleading guilty for his part in the murder, implicated McDonald and Oscar Barnes in the conspiracy to murder Tonia, testifying in court that the original contract was between Barnes and McDonald and Barnes sub-contracted the “hit” to him.

Minott testified that he and Barnes had made several attempts to murder Tonia and that they eventually lured her to a secondary location under the guise that they had secured a gun that she had wanted to purchase.

However, both McDonald’s and Barnes’ defence teams have put in no-case submission on the conspiracy charge and suggested there was not sufficient evidence presented by the prosecution that proved that these two men specifically had a plan to murder Tonia, to which presiding judge Chester Stamp agreed.

A no-case submission is an argument made by the defence in a criminal trial that, if successful, results in the charge in question being dropped against the accused. The submission comes at the close of the prosecution’s case. If the defence is of the belief that based on the prosecution’s case, allowing for the most generous interpretation of the evidence, there is no need for the defence to defend the charge because the evidence is too unsound to base a guilty verdict on it, then they will make the submission.

In other words, even with the highest level of credit given to the evidence, if it does not amount to being sufficient to reasonably convict, then the defence will raise a no-case submission. The judge has to consider if the evidence is robust enough to be left in the hands of the jury and whether it would result in an unfair verdict, should that evidence be used to convict the accused.

A guilty verdict must only be rendered if the jury is convinced beyond a reasonable doubt. If the defence believes there is enough room in the evidence for there to be reasonable doubt and, therefore, could not reasonably lead to a proper conviction, then they will make the submission, instead of proceeding to defend the charge. If in that case, that it is the only charge and the no-case submission is upheld, the trial will come to an end.

In this particular case, the charge being dropped is that of conspiracy to commit murder relating specifically to McDonald and Barnes. Both men are still on trial for the more substantial murder charge and the defence will begin to argue their case .