Moran had provided police with recent DNA samples and there was “nothing to suggest there is any new DNA that incriminates him,” Game said.
But prosecutor Kim Gourlie said it was a “potentially strong” circumstantial case, with new witness statements obtained from people in Germany about the nature of Strobel and Moran’s relationship.
Gourlie disputed Game’s assertion that Moran had co-operated with the police investigation, noting he left Australia soon after Strobel’s death and did not return for the inquest.
He said Moran had told numerous lies to police about “crucial matters” including the nature of the relationship, the alcohol they had drunk and the clothes Strobel was wearing.
The nature of the charge against him provided a “powerful incentive to flee” the country, Gourlie said, and it was submitted to the court that he had the means and family ties in Germany to facilitate doing so.
Game said the suggestion that Moran would leave his young family in Perth was “unrealistic” and that his Australian wife was prepared to hand in her passport and those of their children.
She was also prepared to offer up to $200,000 as a surety, and three other family members were prepared to forfeit another $250,000, the court heard.
On Thursday, magistrate Margaret Quinn said evidence showed the couple had been fighting, drinking a lot and perhaps on some drugs about the time of the alleged murder.
“[But] it doesn’t appear in this case to be any direct or indirect evidence connecting him to the offence,” she said. “It’s not the strongest circumstantial case I have seen.”
The prosecutor said the Crown would appeal to the Supreme Court to revoke bail but on Thursday night said in a statement they had decided against the appeal.
Moran can now return to live with his wife and family in Perth as he awaits trial.
With AAP
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