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Tara Cosoleto

Man accused of killing elderly woman over pool payment

A man is facing a murder trial after a woman's burned body was found in a regional cemetery. (Jono Searle/AAP PHOTOS)

A man allegedly bludgeoned a 70-year-old woman to death, dragged her body to a cemetery and set it on fire because he was not paid for pool works. 

Brian Robert Barnes, 68, has denied he killed Merril Kelly in January 2025 at her Quambatook home in Victoria's northwest.

He has pleaded not guilty to murder and is on trial in the Victorian Supreme Court.

Mrs Kelly had been an active member of the small regional community, including managing the local swimming pool.

Barnes was a regular at the pool and participated in a working bee in November 2024, when he offered to fix leaking pavers.

Signage at the Supreme Court (file image)
Brian Barnes has pleaded not guilty to murdering Merril Kelly at her home in Victoria's northwest. (Joel Carrett/AAP PHOTOS)

Mrs Kelly accepted Barnes' help but told him he would not be paid for the work as the pool was run by volunteers.

Barnes asked to be paid in cake and completed the works in early December.

He then changed his tune, asking for cash and claiming the work would ordinarily cost $2000 but he was willing to accept $1000.

Mrs Kelly pulled together $200 from the pool committee as a thank you but Barnes was not happy, complaining to the police and lawyers.

On January 20, 2025, there was an incident at the pool where Barnes was kicked out after he dove into the shallow end.

Police spoke to him about the incident and at 12.50am the next morning, he filed a complaint on the Victoria Police website.

Fifty minutes later, it's alleged he drove to Mrs Kelly's home, entered through an unlocked door and attacked her in her bed.

He then allegedly dragged her out the back door, cable tied her wrists and moved her into his ute.

It's alleged Barnes drove to the local cemetery, dumped Mrs Kelly's body and set fire to it before driving to his brother's house.

He allegedly told his brother he had committed "premeditated murder" and Mrs Kelly had deserved it.

A Victorian Police badge (file image)
Police had spoken to Brian Barnes in the days before Merril Kelly's body was found. (Tracey Nearmy/AAP PHOTOS)

Barnes was arrested the next day in Welshmans Reef, about 175km away.

Mrs Kelly died from her head injuries and an autopsy confirmed she was dead before the fire, crown prosecutor Patrick Bourke KC told jurors.

The blood splatters on Mrs Kelly's bedroom wall, carpet and bed showed she was struck with a weapon at least twice after she was already bleeding, Mr Bourke said.

Mrs Kelly's blood was allegedly found in Barnes' ute, his washing machine and on his glasses. 

Mr Bourke argued Barnes was guilty of murder because he intended to kill Mrs Kelly when he carried out the "vicious" attack in her bedroom. 

Defence barrister David Cronin SC said Barnes did not cause Mrs Kelly's death and someone else may have inflicted the fatal injuries.

Barnes also denied having an intention to kill or cause Mrs Kelly really serious injury, Mr Cronin said. 

The trial before Justice James Elliott continues.

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