VERDICT: Jury decides in case against fugitive’s mum
UPDATE 7.30pm: THE mother convicted of helping her fugitive son flee Australia by yacht to avoid a drug smuggling trial was this afternoon fitted with an ankle monitor she must wear until she is sentenced next month.
She must also submit to a 24-hour curfew.
These are two of the strict conditions Elizabeth Anne Turner must abide to remain on bail after a jury found her guilty of attempting to pervert the course of justice and three counts of perjury.
Mackay District Court heard her penalty would almost inevitably involve a jail term.
Barrister Saul Holt applied for Turner to remain on bail rather than spend time in Mackay watch-house before being transferred to the Townsville Women's Correctional Centre while awaiting sentence.
A jury rejected her claim that she had no idea of and no involvement in her son's plot to evade his trial for cocaine importation, trafficking and possession by sailing out of the country in August 2015, the month before it was listed to begin in Mackay Supreme Court.
Now the 66 year old is facing up to 14 years jail for perjury and up to seven years for attempting to pervert the course of justice.
Mr Holt requested the sentence be adjourned to obtain various reports. The case was listed to be finalised on December 15.
The court heard Turner must remain at an address in Mackay until that time.
She cannot leave other than to directly attend any medical or psychological appointments and must return straight home, with written notice given to the Commonwealth Department of Public Prosecutions at least 24 hours in advance.
She will be under 24-hour curfew and must present at the front door whenever police or Australian Federal Police agents perform a check.
The court heard she will fly to Townsville the day of her sentence, which is listed for 2pm in the district court.
Matters will be videolinked to Brisbane where presiding Judge Suzanne Sheridan will hand down her penalty.
UPDATE 2.45pm: THE mother of Markis Scott Turner now faces an "almost inevitable" custodial sentence after a jury found her guilty of helping her son flee the country to escape his own lengthy jail term if convicted of cocaine smuggling.
However Judge Suzanne Sheridan agreed to release Elizabeth Anne Turner, 66, on bail declaring she was "absolutely persuaded the watch-house in Mackay is not the solution".
The mother, who pleaded not guilty in Mackay District Court to attempting to pervert the course of justice and three counts of perjury, stood stoically as the eight-woman, four-men jury delivered their verdicts just after 2pm today following six and a half hours of deliberation.
Barrister Saul Holt requested his client's sentence be adjourned to a later date to obtain reports in relation to her "physical health and some other issues".
The court heard the ordinary course when found guilty of a charge that invoked a jail term would be for the person to be remanded in custody.
Mr Holt applied for bail for his client to be sentenced on a later date and proposed Turner would appear via video link from Townsville to Brisbane, allowing her to go straight to the Townsville Women's Correction Centre.
"The watch-house in Mackay for someone of Mrs Turner's physical abilities, includes no beds to speak of… (you're) effectively sleeping on concrete," Mr Hold said.
"Rather than be held in the watch-house which in our respectful submission would be an inhumane process for someone of her age and in her condition."
The court heard Turner had been admitted to hospital after she was held in the watch-house following her arrest last year. Mr Holt said it also took 10 days for her to be transported to Townsville.
Prosecutor Ben Power, acting for the Commonwealth Department of Public Prosecutions, said he did not oppose the application.
Mr Power said once the sentence date was decided the files would be sent to Brisbane.
"Your honour's orders… as has been acknowledged by defence would it seems almost inevitably involve actual imprisonment," Mr Power said.
Judge Sheridan said: "Absolutely the watch house in Mackay for Mrs Turner is not an option".
Judge Sheridan said in terms of bail conditions she would be looking at curfew and an ankle bracelet.
The bail application continues.
UPDATE 2.10pm : A JURY has found Elizabeth Anne Turner guilty of helping her son flee the country and lying to police.
The 66 year old had pleaded not guilty to attempting to pervert the course of justice and three counts of perjury.
The eight women and four men deliberated for 6.5 hours before reaching a verdict.
INITIAL: A JURY empanelled to decide the innocence or guilt of a mother accused of helping her son abscond from Australia will resume deliberations this morning.
The jury retired to consider its verdict at 11.57am Wednesday after hearing evidence from 20 witnesses over six days.
Elizabeth Anne Turner is charged with attempting to pervert the course of justice and three counts of perjury.
Australian Federal Police allege she helped her son flee the country to escape a cocaine smuggling and trafficking trial by buying him an ocean-going yacht.
It is further alleged she later lied to the supreme court about her conduct and her belief her son had taken his own life.
Markis Scott Turner was arrested in 2011, but fled the country four years later in August 2015 and remained on the run for two years.
He was captured in the Philippines in September 2017.
Mrs Turner claims she had no idea and played no part in Mr Turner's escape and he had done so using her money and details, making it look like she was involved.
Her lawyers say she is innocent in Mr Turner's deceit.
The jury has considered the evidence for about three hours so far. In that time they have requested to re-examine the testimony of two witnesses.
Crown witness John Neller sold the mother and son a 36ft (11m) yacht Shangri-La in July 2013, months after he was committed to stand trial in the supreme court.
Defence witness Magdalena Turner, Mr Turner's wife, told the court she knew her husband was still alive and in the Philippines up to 21 months before his arrest.
The jury was provided with transcripts of their evidence to read over on Wednesday afternoon.
Presiding Judge Suzanne Sheridan said the jury would have time this morning to look over the transcripts but again reminded they have to consider the evidence in its entirety.
Deliberations resume at 9.30am.