A judge dismissed charges against a lady who is suspected of luring a Colombian man to his death, days after he is said to have broken into her home, citing “relatively weak” evidence.
On Wednesday, Sarah Monique Tilley, 23, requested her release from the Victorian Supreme Court following her accusation of Sergio Cuesta Posada’s murder.
On September 16, 2023, in the southeast of Melbourne, police say Tilley’s co-accused Jared Stuart Baker, Michael Jeffrey Frankland, and Hubba Albe Paul killed him.
The body of Cuesta Posada has not been located.
Detective Senior Constable Jason Stewart told the court that phone records indicate Tilley, who was in Queensland, had two chats with the deceased on the night of his disappearance.
According to the allegations, Tilley gave Cuesta Posada instructions to go to the Chelsea Heights address where she knew he would be killed during those calls.
Detective Stewart said the court on Wednesday that “he doesn’t leave that house alive.” “There’s been an altercation – exactly what happened, I don’t know.”
Days before he was allegedly killed, Cuesta Posada flew to Queensland to see Tilley and her partner Paul, the investigator told the court.
Detective Stewart claimed that CCTV evidence purportedly identified Cuesta Posada as the perpetrator of the September 7 break-in at Tilley and Paul’s house.
Detective Stewart informed the court that he thought cocaine was taken rather than the $150,000 gold necklace that was reported stolen.
Tilley’s phone was discovered to have purported CCTV footage of the break-in when she was detained and extradited to Victoria in February.
Chris Farrington, Tilley’s defence attorney, refuted the claim that Tilley was in possession of the video during the purported murder.
He informed Justice James Elliott that because the prosecution’s case against his client was predicated on deductions from phone records, it was weak.
Farrington emphasised that Tilley had already left his party to go to the Chelsea Heights residence when Cuesta Posada phoned him back.
The lawyer speculated that Tilley might have only gotten in touch with him because he had called her first, and even if she had given him the location, it was likely inadvertently. Farrington complied.
Tilley was a young woman with a supporting family, a stable home, and employment chances. She had no past offences.
According to Farrington, the prosecution was not claiming that Tilley posed a risk of escape or a threat to the community, and her parents were prepared to offer a $100,000 bond surety.
He stated that if she agreed to refrain from contacting any of her co-accused, the possibility that she would tamper with Cuesta Posada’s remains or provide instructions to someone else to do so could be controlled.
Justice Elliott concurred.
Justice Elliott determined that the prosecution’s case against Tilley was “relatively weak” when determining Tilley’s bail.
The judge ruled that she had good cause to be freed on bail because of that and the established support networks.
Bailed to a southeast Melbourne location, Tilley grinned and mouthed “thank you” to her lawyers.
In August, the Melbourne Magistrates Court will hear her case again.
