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ABC News
National
Melissa Maddison

Gavin Parnell, convicted for murder of Jay Brogden, found guilty of contempt of court

Gavin Parnell refused to give evidence against his co-accused. (Facebook)

A convicted murderer faces a longer wait for parole after being found guilty of contempt of court for refusing to give evidence against a co-accused.

Gavin Parnell is serving a life sentence after being found guilty last year of the murder of North Queensland man Jay Brogden in 2007.

This week co-accused Braddon Charles Peter Butler was sentenced to eight years' jail after pleading guilty to manslaughter.

The Supreme Court in Mackay was told on Thursday that during a Basha – or pre-trial – hearing in August 2022, Parnell refused to take the oath or affirmation when he was subpoenaed to give evidence for Butler's trial.

Defence barrister Damian Walsh told the court Parnell had made it clear he had no intention of giving evidence.

"We know from experience … the consequences in prison of giving evidence in courtrooms to convict other persons," Mr Walsh said.

"I'm not here to suggest that my client has been the subject of threats of any kind, but experience allows me to make the submission that that is commonplace at the jail."

Jay Brogden disappeared, aged 21, in 2007. (Supplied: Gina Merritt)

'Emphatically refused'

Mr Walsh conceded that while any penalty given to Parnell would not result in a significant adjustment to his eligibility for parole, court processes had to be protected.

"This strikes at the heart of the administration of justice in that there has been a lack of co-operation," he said.

"It sends a message that these courts won't be interfered with in respect to their process with respect to administration of criminal justice."

In his sentencing remarks, Justice David North said Parnell had given evidence at his own trial, but he "emphatically refused" to take part in the Basha hearing.

"The evidence clearly establishes that you were in contempt of court and you were given the opportunity to purge your contempt and seek legal advice," Justice North said.

Parnell was sentenced to six months in custody for the contempt charge, which will be served concurrently with his life sentence for murder.

His parole eligibility date has been extended by six months to March 2035.

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