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Slain girl’s mum claims she lied to protect alleged killer

Written by on May 29, 2024

The mother of slain schoolgirl Charlise Mutten told a jury she lied to police to protect her former partner after he was charged with her daughter’s murder because she “still loved him” and “believed” his side of the story.

Kallista Mutten, 40, faced tense cross-examination from Justin Stein’s barrister on Tuesday, asking “are you serious?” before breaking down and rushing out of the courtroom when he asked if it was in fact her who had shot and killed her daughter.

Mr Stein is facing trial after pleading not guilty to murder, but has admitted to disposing of the schoolgirl’s body.

The 33-year-old is accused of murdering his former fiance’s daughter at a property owned by his parents before dumping her body, which was concealed in a plastic barrel, near the Colo River.

Prosecutors allege Mr Stein was the “last person” to see Charlise and had the opportunity to kill her between 7.16pm on January 11 and 10.06am on January 12.

But he claims he saw Ms Mutten shoot her daughter at the family property on the night of January 12, after the couple spent the day together injecting ice and having sex at Sydney’s Centennial Park.

Ms Mutten had been informed Charlise’s body was found on January 18, and three days later was interviewed by police while she was in hospital.

She told officers there was “not a lot of drug use at Mount Wilson” and Mr Stein was “not fond” of meth.

Ms Mutten on Tuesday told the jury she had lied to police to protect her former partner.

“I was trying to protect him … he told me not to tell anyone we were taking drugs,” Ms Mutten said.

Carolyn Davenport SC, representing Mr Stein, said at that point, Ms Mutten had been informed that police had evidence to show he allegedly killed her daughter.

“I still in my heart believed what he told me was the truth,” Ms Mutten told the court.

The defence barrister continued, suggesting Ms Mutten had “no reason to say anything to police that might protect Justin”.

“I loved him,” Ms Mutten said.

“Even though you were told he had been arrested and charged with the murder of your child?” Ms Davenport asked.

Ms Mutten told the jury she “really did” believe Mr Stein had left to search for her daughter and believed his story.

During tense cross-examination earlier in the morning, Ms Mutten became emotional when she was accused of shooting her daughter.

“You waited until you arrived back at the house … you had in fact shot and killed your daughter,” Ms Davenport said.

Ms Mutten responded: “Are you serious?”

“I’m serious,” Ms Daveport said, to which Ms Mutten replied: “No.”

The barrister asked if Ms Mutten had shot her daughter “near the shed” on the property, to which Ms Mutten said: “No.”

“You shot her once in the back and once in the head,” Ms Davenport continued.

Ms Mutten grabbed a tissue and started to cry when she said she “didn’t even know” Charlise was shot with a gun.

“I don’t even know where she was shot, so now I know,” Ms Mutten said through tears.

Ms Davenport told the witness that Mr Stein claims he saw her “deliver the second shot” before Ms Mutten turned away and cried, asking to take “a moment”.

Crown prosecutor Ken McKay SC alleges Mr Stein was the “last person” to see Charlise and had the opportunity to kill her between 7.16pm on January 11 and 10.06am on January 12.

Ms Mutten told the jury Mr Stein told her Charlise woke up vomiting in the early hours of January 12 and left her in the care of a female auctioneer before leaving to spend the day together.

The pair spent the day injecting ice and having sex, before the jury heard they arrived back at the Mount Wilson property about 8.44pm to find no-one home.

The jury heard Mr Stein claimed he left about 4pm on January 13 to search for Charlise but prosecutors allege he dumped the barrel with Charlise’s body.

The barrel with Charlise’s body was found on January 18, 2022, after police went to the location as a result of going through Mr Stein’s phone.

The trial continues.