Lawyer tells court triple murder survivor could be the killer

A defence lawyer has told a triple murder trial that a man who survived an alleged 2022 "massacre" that killed his family could be the "murderer" and that he could have "shot himself".Married couple Mervyn and Maree Schwarz and her son Graham Tighe were found dead at the gate of Darryl Valroy Young's Bogie cattle station on August 4, 2022.Maree Schwarz, Mervyn Schwarz and Graham Tighe (right) were found dead outside the gate of Darryl Young's cattle station. (Supplied/ABC News)Mr Young, 63, has pleaded not guilty to three counts of murder in a Supreme Court trial in Townsville.He has also pleaded not guilty to the attempted murder of Graham Tighe's brother, Ross Tighe, who told the court that he witnessed the accused shoot his family.Mr Tighe said he was also shot during the incident but the projectile was never removed from his body.In his closing address to jurors on Tuesday, defence lawyer Anthony J Kimmins said Mr Young was not at the gate when the shooting was said to have occurred at 8:07am on August 4, 2022.Darryl Young took the witness box in the third week of the trial. (ABC News: Carole Howlett)He told jurors to question the credibility of Mr Tighe."Why would the murderer let Ross Tighe go?" Mr Kimmins asked."It seems to remain one of life's great mysteries, unless the murderer was, in fact, Ross."Anthony Kimmins told the court the murders could have been committed by someone other than his client. (ABC North Qld: Chloe Chomicki)Mr Kimmins said elements of the alleged shooting could have been performed by Mr Tighe."Imagine that Darryl Young wasn't there," Mr Kimmins said."Is there anything which specifically could not have been performed by Ross Tighe?"There isn't at all."'Only one to live'Mr Kimmins read aloud from Mr Tighe's account of how he fled the alleged shooting into bushland."What does the loving son do to go and assist his mother?" Mr Kimmins asked the jury."He doesn't even give two hoots about Mum."He is just more concerned about getting out of there. No alleged heroics."Mr Kimmins said it "defied logic" for Mr Young to shoot four people and let one flee on foot."Why did Darryl Young let him go and not try [to] finish him off?" Mr Kimmins asked the court."It is absolutely inexplicable, having gone to the trouble of murdering three people and letting a wounded one go."Anthony Kimmins finished his closing address on Tuesday. (ABC News: Carole Howlett)The trial has heard that .30-30 calibre rifle cartridge casings were found at Mr Young's gate around the bodies of Mr and Mrs Schwarz and Graham Tighe.Rifle cartridges of the same calibre were found inside Mr Young's home, but he told the court they were not his.Mr Kimmins also raised that a doctor described the injury to Ross Tighe's body as "shrapnel"."If Ross Tighe had been shot with something of a low calibre, then he wasn't shot with a .30-30 projectile. That would mean there would have had to be a second gun there," Mr Kimmins told the court."There has been nothing that has been adduced before you that Ross Tighe could not have shot himself."The fact is, he, having suffered an injury from what must have come from a different gun, does not raise suspicion — it raises absolute and utter concern about his evidence and how it is that he is the only one to live through this massacre."'Violent streak'Early in the trial Mr Young's defence team questioned Mr Tighe on his role in his family's business.It was revealed that unlike his older brother Graham, Ross Tighe was not a part-owner of any of the cattle stations Mervyn and Maree Schwarz owned.Ross Tighe told the court he ran away as Darryl Young fired bullets from a rifle. (ABC News: Carole Howlett)The trial heard Mr Tighe was an employee of the business and had an ambition to own a family cattle station at Roma."While he was a teenager and a young adult he had a violent streak, when he was drinking and interacting with police," Mr Kimmins told the court."He was a long-time user of cannabis, he was in a volatile relationship. Text messages indicated that he used violence on her [his partner] previously."Mr Tighe told the court that he had never been violent towards his partner.Wind farmer alibiMr Kimmins told the court the Crown could not disprove an alibi given by Mr Young.Mr Young told the trial that he was not at the gate at 8:00am and was closely following wind farmers who arrived at his property at about 7:30am that day.Darryl Young said he was not in the area at the time of the incident. (ABC News: Carole Howlett)On Monday the court was shown videos recorded by one of the wind farmers at 8:04am on the day of the shooting.It was recorded at a location on Mr Young's property, which the trial heard was about 6 kilometres from the gate.The trial continues.