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Elizabeth Struhs' mother Kerrie Struhs committed to stand trial for murder

The mother of an eight-year-old girl who died after having her insulin withheld believed faith would heal her but stated that "God could take things to the extreme", a court has heard.

Kerrie Struhs, 47, and two other female members of a fringe religious group known as The Church have been committed to stand trial for the child's death.

The women are part of a group of 14 people charged with murder after Elizabeth Struhs died at a Rangeville home in Toowoomba in southern Queensland on January 7, 2022.

It is alleged the child was denied medical care for type 1 diabetes for about six days.

The Toowoomba Magistrates Court heard the religious group, headed by Brendan Luke Stevens, believed in the healing power of God rather than medical intervention.

In committing Mrs Struhs to stand trial for her daughter's death, Magistrate Kay Philipson said the defendant's own statement had provided details revealing she was aware her child's life relied on being given insulin.

"[Mrs Struhs] goes into detail about being told by her husband that if Elizabeth did not get her insulin, she would die," Magistrate Philipson told the court.

"She also stated there was a possibility God could take things to the extreme, meaning death."

The court heard Mrs Struhs did not want to participate in the administration of medications to Elizabeth.

It heard her husband Jason Struhs eventually became a "believer" and "received the Holy Spirit", with Mrs Struhs supporting his decision not to continue Elizabeth's lifesaving insulin injections.

Mr Struhs was earlier this month committed to stand trial over Elizabeth's alleged murder. 

During his committal, the court heard evidence from a paediatric doctor, who said Elizabeth would have suffered from diabetic ketoacidosis within hours as a result of being denied insulin.

Charges dropped

Symptoms would have included excessive urination, thirst, abdominal pain, vomiting, weakness, lethargy and altered levels of consciousness and coma until respiratory failure and death, the court heard.

Mr and Mrs Struhs were both charged with murder, torture and failure to provide the necessities of life.

The charge of torture was dismissed against Mr Struhs. 

Magistrate Phillipson also dismissed the torture charge against Mrs Struhs, who appeared via video link from the Brisbane Women's Correctional Centre (BWCC) wearing a blue prison jumper.

Magistrate Phillipson said she was not satisfied the evidence supported the charge that the failure to provide insulin was done to intentionally inflict pain and suffering on Elizabeth. 

Others ordered to trial

Loretta Mary Stevens, who is married to the religious group's leader Brendan Luke Stevens, was also ordered to stand trial over Elizabeth's death.

Mrs Stevens, 65, appeared via video link from BWCC wearing a blue polo top.

Magistrate Philipson said the evidence supported the murder charge against Mrs Stevens and that she knew Elizabeth had diabetes and could die without insulin.

"[Mrs Stevens] was aware that Mr Struhs planned to and did stop giving Elizabeth insulin," she said.

"She thereafter went to the Struhs residence to care for Elizabeth and saw and could describe Elizabeth's deterioration."

Magistrate Philipson said Mrs Stevens did not seek medical help and instead encouraged Jason and Kerrie Struhs to rely on their religious beliefs. 

Andrea Louise Stevens, 31, also had her case mentioned and was committed to stand trial for murder in the Supreme Court. 

Ms Stevens appeared via video link, wearing a blue prison polo top with her hair tied up in a bun.

When asked by Magistrate Philipson if she wanted to say anything, she declined.

Evidence problems mentioned

Of the 12 other members of the fringe religious group charged with Elizabeth's death, three had their cases mentioned in court this week.

Acacia Maree Stevens, 29, Camellia Claire Stevens, 26, and Therese Maria Stevens, 35, during their hearings continued to refuse legal representation and declined to cross examine any evidence or witnesses.

Magistrate Clare Kelly told the court the brief of evidence submitted to the court from prosecutors did not pertain to an individual defendant and was rather evidence that included all of the co-accused. 

She also said it had failed to identity the accused individually in any CCTV or mobile phone evidence. 

"The matters need to be tendered for each defendant," Magistrate Kelly said. 

"I can't identify someone in CCTV footage. A witness needs to do that."

Magistrate Kelly said at the time of the court sitting, the evidence could not be relied upon. 

She said it was not detrimental in this case, however, as there were acceptances from the accused as to where they were during Elizabeth's illness.

The court heard technical difficulties meant the magistrates and the accused had trouble accessing mobile data tendered as evidence. 

Acacia, Camilla and Therese Stevens are expected to return to court in November.

Seven other people, including Lachlan Stuart Schoenfisch, Samantha Emily Crouch, Keita Courtney Martin, Brendan Luke Stevens, Zachary Alan Struhs, Sebastian James Stevens, and Alexander Francis Stevens, are also facing murder charges in relation to Elizabeth's death.

Their matters remain before the courts.

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