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A man accused of the heinous crimes of rape and murder against a brothel owner has claimed that the prosecution’s case is based solely on “speculation” as he moves to have the charges dismissed.
Michael James Chalmers, 36, appeared in Melbourne Magistrates Court on Monday, facing accusations related to the tragic demise of Asian migrant sex worker Yuko.
The 62-year-old woman was discovered lifeless at her Footscray brothel in Melbourne’s western suburbs in late November 2024.
Prosecutor Jordan Johnston stated that CCTV footage purportedly captured Chalmers in conversation with Yuko for approximately two minutes before he forcibly restrained her in a headlock and held her down on the bed.
“The sequence of events begins with aggression,” Mr. Johnston conveyed to the court on Monday morning.
The footage allegedly shows Chalmers exiting the brothel room around half an hour later, while Yuko appeared either unconscious or deceased, the prosecutor added.
Two pathologists previously told the court Yuko likely died from strangulation or smothering.
The prosecutor said the injuries Yuko sustained were consistent with rape and the CCTV showed a “quite shocking” act of violence.
But defence barrister Barnaby Johnston argued there were was no DNA evidence linking Chalmers to those injuries, and Yuko had seen other clients in the lead-up to her death.
“It is utter guesswork how those injuries occurred,” the defence barrister said.
He urged magistrate Vincenzo Caltabiano to discharge Chalmers of rape and the state offence of murder, which alleges the 36-year-old unintentionally caused the death during the rape.
Chalmers is also facing a separate charge of common law murder.
The prosecutor accepted it was an atypical and circumstantial case but argued it should be left to a jury to decide.
Mr Caltabiano will have to consider whether there is sufficient evidence to commit Chalmers to stand trial in the Supreme Court on all or some of the charges.
The magistrate adjourned his decision to March 31.
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