Murder trial aborted for second time to probe new information on witness’ phone
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A Supreme Court jury in the murder trial for accused killer Ricardo Barbaro has been discharged for a second time to review fresh information discovered on the mobile phone of a witness.
During cross-examination earlier this week, prosecution witness and brothel owner Mark Paul Gray, formerly Mark Gdanski, was asked if he would voluntarily hand over his mobile phone for further analysis of text messages he may have sent to members of victim Ellie Price’s family.
Ellie Price and (inset) murder accused Ricardo Barbaro.Credit: Supplied
The matter was adjourned for two days before Justice Lex Lasry was told on Friday a large amount of material downloaded from Gray’s phone was still to be examined.
“Legal issues” about that download, he said, had also arisen.
Lasry reluctantly granted an application to discharge the jury to allow Barbaro’s defence team further time to determine what the phone may contain.
“It’s with a great deal of regret. I’ve already discharged one jury in this trial and will have to do it again,” he said.
Prosecution witness Mark Gray arriving at court on Friday.Credit: Joe Armao
“I also feel [frustrated].”
A new trial is expected to begin in August.
Gray covered his face with a beanie, sunglasses and face mask in an attempt to avoid press photographers on Friday.
He was later seen leaving the Supreme Court in a black Jeep with the assistance of a driver.
Witness Mark Gray leaves court on Friday.Credit: Joe Armao
Earlier this week, Gray – who was one of the last people to see Price alive – said he innocently omitted to tell police he was a longstanding brothel owner in two states or that he first met the victim, an exotic dancer, at a Melbourne strip club.
Gray also denied being the 26-year-old’s “sugar daddy” and told the court that the day before her alleged murder in 2020, she had told him that her boyfriend had recently choked her and left bruises on her neck.
The first trial was aborted earlier this month after one juror researched the case outside of court. That juror has since been referred to prosecutors for possible charges.
Jury members are only permitted to consider the evidence produced in front of them during a trial to help decide their ultimate verdict.
Ellie Price’s mother, Tracey Gangell (right), outside the Supreme Court.Credit: Paul Jeffers
Barbaro is accused of stabbing Price six times the early hours of April 29 in 2020 before leaving the bloodied scene in her white Mercedes-Benz. Her body was found six days later. Barbaro had been in a volatile on-again off-again relationship with Price, but claims she was alive when he left her.
In the days before her alleged murder Price had attempted to extort $100,000 from Gray and threatened to report him for rape unless he complied, the court heard.
Gray was paying for Price’s rent for large periods from 2017 to 2020 and had purchased her the $100,000 Mercedes.
Under cross-examination from Barbaro’s defence barrister, Rishi Nathwani, it was revealed Gray had owned brothels in two states over more than 30 years.
He moved his business interests to NSW in the late 1990s when his licence to operate in Victoria was suspended after a child prostitute was found on the Melbourne premises.
When asked why he failed to include his brothel history in his police statement, or that he met Price at the Men’s Gallery, where she worked as an exotic dancer, Gray said he did not see owning brothels as his career and that he wasn’t asked exactly where he had met her.
“Brothels are not an occupation. I’m not a member of the brothel association,” Gray replied.
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