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At 1.15 am on Sunday, 2 November, 1975, an 18-gallon keg of beer was stolen from the Royal Hotel at Mossman by two individuals named Murphy and Freckleton, seen driving a Holden sedan. The matter was reported to Mossman police by witnesses and they alerted the Mareeba police who in turn telephoned Senior Constable Lyle Hoey of the Mt Molloy police station requesting that he set up a road block, stop the vehicle in question and detain the offenders. Hoey left the station and travelled about 6.5km from the township, towards Julatten on the Rex Highway. He left the headlights on dim with the parking lights illuminated. The police car was not fitted with any blue flashing warning devices nor were there any reflective vests on issue. About 1.45am the suspect motor vehicle, a Holden driven by Murphy, was seen travelling along this straight stretch of the Rex Highway at about 105km/h. Upon seeing the vehicle, Hoey began waving his torch in an effort to stop it. Murphy had no intention of stopping and upon seeing the roadblock deliberately aimed his vehicle directly at Hoey and struck him where he stood beside the police car. Senior Constable Hoey sustained serious injuries which resulted in his death before reaching the Mossman District Hospital. |
Murphy and Freckleton were subsequently charged with stealing a kilderkin of beer on 2 November 1975 from the Royal Hotel in Mossman. Murphy was charged with the murder of Constable Lyle Hoey and found guilty of manslaughter. He was initially sentenced to five years in jail but the sentence was increased to 12 years upon appeal by the Crown.