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NSW: Murder charge against boy, 14, not strong - magistrate


05 Jan 2009 11:16 AM

SYDNEY, Jan 5 AAP - The evidence against a teenage boy charged with shooting dead his friend does not stack up to a murder charge, a Sydney magistrate says.

A 14-year-old schoolboy, from Sydney's south-west, has been charged with murdering his friend at a home in Orangeville, west of Sydney, on the evening of December 6.

He immediately rang triple-zero and the victim's family have since pleaded for the murder charge against him to be dropped.

On Monday, he appeared in Campbelltown Children's Court with a number of family members and relatives of his dead friend.

He was dressed in a black suit, and appeared sad and at times nervous during the court proceedings.

Magistrate Paul Mulroney said the charge against the accused did not represent what allegedly took place.

"It would seem to me there is not a strong prosecution case that is available to me in regards to the charge of murder," Mr Mulroney told the court.

The boy's legal counsel applied for variations to his bail conditions, which the magistrate granted.

The teenager must report to Camden Police Station on Mondays and Thursdays, is under curfew from 9pm to 6am, and must remain at his family's home during those times.

During daylight hours he must be in the presence of his mother, father or grandfather.

One person of good character must agree to provide a $1,000 surety bond on the boy's behalf.

Mr Mulroney adjourned the case until March 2.