The "devastated" family of a fly-in, fly-out worker allegedly killed by a colleague on a Western Australian mine site has lashed out at the justice system over a decision to downgrade the charge against the accused man from murder to manslaughter.
Troy Adam Hausler, 32, had been due to stand trial in the Supreme Court accused of murdering Tobias Richter, 40, at Pilbara Minerals' Pilgangoora site, 130 kilometres south of Port Hedland, in November 2019.
However, at the start of proceedings, prosecutor Les Hobson said the state wanted to discontinue the murder charge and would instead accept Hausler's plea to the lesser charge of manslaughter.
The court was told the decision was made because there were no reasonable prospects of conviction on the murder charge.
Mr Hobson said there was insufficient evidence to prove an intent to kill.
Accused 'not direct cause' of death
Hausler's lawyer, Rebekah Sleeth, said at the time of the killing, her client had a mental condition that was "just shy" of providing him with the defence of insanity.
The court was told a psychiatrist had found Hausler was "under an illusion" about Mr Richter, and that he was having a psychotic episode at the time.
The defence said it would also be relying on evidence that found Hausler was not the "direct cause" of Mr Richter's death.
Outside the court, Mr Richter's sister Vanessa said through tears that she and her parents were not consulted about the plea deal and had been "blindsided" by the development.
"We are devastated. My family is broken, absolutely broken," she said.
Tobias Richter had heart problem: sister
Ms Richter described her brother as a "good guy" and a "hard worker".
"He kept to himself. He wasn't a fighter, he wasn't confrontational," she said.
"He had an aged heart, so they're basically saying he could have died anytime."
Ms Richter said she and her family had now started a campaign for justice for her brother that included an online petition.
"The judge used the words 'this case has been resolved' [but] nothing has been resolved," she said.
"Toby's lost 60 years of his life and this person is likely to be out in a very short time.
"The maximum sentence for manslaughter is life and that is the very least we expect him to get. Any less than that is not going to be acceptable."
Toni Dodd, whose sister Hayley Dodd was abducted and killed in 1999, is a former partner of Mr Richter and the mother of two of his children.
She said she was also upset by the court's decision.
"We've been through this before and not got the result we wanted," she said.
"All we can hope is he gets a good sentence but I don't think he will."
Communication with family 'regrettable': DPP
In a statement, the Office of WA's Director of Public Prosecutions admitted there had been "a regrettable misunderstanding" in its communications with the Richter family.
The statement said while the family had been engaged in consultations with the office in October 2021, they were not consulted before the state decided earlier this year to accept Hausler's guilty plea to the manslaughter charge.
The decision was made after a review of the case found there were no reasonable prospects of conviction on the charge of murder, and the prosecution would only be able to prove manslaughter.
"As such it would have been inappropriate to proceed on the charge of murder," it said.
DPP Amanda Forrester had since met with the family to apologise and she also "took responsibility for the lack of proper communication."
"The DPP again expresses her condolences to the Richter family," the statement said.
"However, the decision was the only appropriate once in the circumstances and made in the interests of justice."
Hausler has been remanded in custody until he faces a sentencing hearing next month.
