Schoolgirl 'still alive' when shot twice in back, face

Testing of Charlise Mutten's remains showed the presence of an anti-psychotic drug. (Regi Varghese/AAP PHOTOS)

Schoolgirl Charlise Mutten was likely still alive when shot once in the back, before fatally in the head, a murder trial has been told.

The nine-year-old had traces of a heavy-duty medication in her system which can cause severe drowsiness and disorientation in children, toxicology results revealed.

Justin Stein, 33, has pleaded not guilty to murdering the nine-year-old in January 2022 as he stands trial in the NSW Supreme Court.

Charlise's body was found dumped in a barrel by the Colo River, northwest of Sydney, four days after she was reported missing by her mother Kallista Mutten.

She had been staying at a nearby property with Stein and her mother at Mount Wilson, in the Blue Mountains, at the time of her disappearance. 

Charlise Mutten
The boody of Charlise Mutten was found in a barrel after she went missing in the Blue Mountains.

Forensic pathologist Dr Marna Du Plessis told the court on Thursday it was possible the girl was shot first in the back and then afterwards in the face at close range - although decomposition made the exact range difficult to determine.

Charlise was shot from behind in the pelvis area and again in the face under the right cheek bone, from “right to left, front to back, and upwards,” according to part of an autopsy report read to the jury. 

Hemorrhaging suggested she was still alive when she suffered the gunshot to her back, the court was told.

Forensic testing of Charlise's remains showed the presence of anti-psychotic drug, quetiapine, for which Stein had a prescription to treat schizophrenia.

The most common side effects of a child ingesting quetiapine are sedation or drowsiness, toxicologist Judith Perl told the trial.

Dr Perl said based on the available evidence it was possible - but not conclusive - to say the drug had been ingested within six hours of the girl's death.

"It is impossible to estimate a dose or time when the quetiapine was ingested," she told the court.

Dr Perl said it would be highly unlikely a nine-year-old would be prescribed the drug and an adult dose ingested by a child would likely cause "significant sedation and vomiting".

"It's a drug which can produce central nervous system suppress," she said.

"It alters the level of alertness in a person."

Kallista Mutten
The court has been told Kallista Mutten did not want her daughter to return to her grandparents.

Stein told police Charlise had been sick and vomiting when she woke up on the morning of January 12 and he gave her two Nurofen-brand ibuprofen tablets.

But Dr Perl told the court there were no traces of ibuprofen present in toxicology samples taken from Charlise.

Also on Thursday, the former partner of Stein's mother, Annemie, told the jury she bought her son a cabin in the caravan park the pair was frequenting while Charlise was visiting, in an attempt to get his life back on track after being released from jail. 

"She bought him a little place on the Hawkesbury River," he said. 

"I think the principal reason was that Justin could have a place for himself, where he could establish himself." 

The ex-partner supported the testimony of Stein's neighbour, Jane Hutt, that the relationship between Ms Mutten and Charlise was loving and affectionate in the days leading up to her disappearance. 

"Very affectionate, yes she was a very affectionate child generally," he said. 

The former partner echoed evidence from other witnesses that Ms Mutten did not want her daughter to return to her grandparents on the Gold Coast, where she had been staying while Ms Mutten was in jail. 

"Kallista didn't want Charlise to go back, she wanted Charlise to stay with her," he said.

Stein was tracked driving to several locations across Sydney after Charlise's disappearance, allegedly with the barrel containing her remains on the back of his ute.

The trial continues on Friday. 

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store