A 70-year-old grandmother was tied up, bludgeoned in her bed and her body set on fire after she refused to bake a cake for a man or pay him for volunteer work, a court has been told.
The Supreme Court sitting in Bendigo on Wednesday heard the opening of the murder trial of Brian Barnes, 68, who has pleaded not guilty to the murder of Merril Kelly. Crown prosecutor Patrick Bourke said Barnes developed a desire to kill following a dispute over plumbing work at a volunteer-run swimming pool in Quambatook, about 300km north-west of Melbourne.
Kelly, a grandmother of two and devoted volunteer, was an active member of the small Mallee farming community. She lived with her husband, whom she cared for; in 2025 they slept in separate rooms as he suffered from late-stage dementia. Barnes lived about 450 metres away.
Bourke told the jury that in November 2024, Barnes fixed a leak at the pool with Kelly's permission. Text messages showed Kelly told him the work would be unpaid, with Barnes replying "you have to pay me with cake". Kelly responded: "Cake is in short supply at my place, not much time to do anything else."
Barnes was offered $200 and a handwritten note as thanks, but Bourke alleged Barnes returned the money and demanded $2000 instead. By January 2025, Barnes had begun contacting lawyers, and Kelly told her daughter she did not want a confrontation.
The Crown alleged that on January 21, 2025, at 1.42am, Barnes drove to Kelly's home, entered through an unlocked back door and assaulted her in her bed; bloodstains were found throughout the room. Bourke alleged Barnes then dragged her out, tied her hands with cable ties, placed her in his ute and drove to the Quambatook cemetery. Bourke said Barnes later told his brother that he had asked Kelly why she had not paid him and, when she failed to respond, poured petrol over her and set her on fire.
Bourke told the jury the accused later drove to his brother's house and said the killing was premeditated. “I prepared it, got what I needed. She deserved it. She had to go,” Barnes allegedly said. Bourke said Barnes later texted his brother to say he planned to “go dark” until his name was cleared.
Barnes was arrested hours later and charged with murder. Kelly's autopsy found her cause of death to be head injuries with skull and jaw fractures, and bleeding on the brain. A cable tie was found around her neck. Forensic evidence suggested Kelly might have already been dead when she was set on fire, Bourke said.
The trial continues.
Analysis
Why This Matters
- Highlights the tragic consequences of a dispute over unpaid work in a small community.
- The trial reveals alleged premeditated violence over a relatively minor disagreement.
- The case underscores the vulnerability of elderly residents in rural areas.
Background
Merril Kelly was a well-known volunteer in Quambatook. The alleged killer, Brian Barnes, had done plumbing work at the local pool. A dispute over payment escalated, leading to threats and the eventual attack. The trial is ongoing.
Key Perspectives
- Crown prosecutor Patrick Bourke: alleges Barnes killed Kelly after she refused to pay him $2000 and bake him a cake, and that he acted with premeditation.
- Brian Barnes: has pleaded not guilty to murder.
What to Watch
- The trial will hear further evidence, including forensic details and witness testimony.
- The jury's verdict will determine the outcome.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedKelly was allegedly killed after refusing to bake a cake for Barnes.Sydney Morning Herald - Latest News: “A 70-year-old grandmother was tied up, bludgeoned in her own bed and her body set on fire by a man after she refused to bake him a cake or pay him for volunteer work, a court has been told.”
- SupportedBarnes allegedly attacked 70-year-old Merril Kelly in her bed and set her body alight.Sydney Morning Herald - Latest News: “On January 21, 2025, the Crown alleged Barnes drove to Kelly’s house, entered through an unlocked back door and assaulted her in bed”
- SupportedKelly was tied up, bludgeoned in bed and set on fire after refusing to bake a cake or pay for volunteer work.Sydney Morning Herald - Latest News: “A 70-year-old grandmother was tied up, bludgeoned in her own bed and her body set on fire by a man after she refused to bake him a cake or pay him for volunteer work, a court has been told.”
- SupportedThe court heard the opening of Barnes’s murder trial; he is 68 and has pleaded not guilty.Sydney Morning Herald - Latest News: “In the Supreme Court sitting at Bendigo on Wednesday, the court heard her alleged killer Brian Barnes, 68”
- SupportedBourke said Barnes developed a desire to kill after a dispute over plumbing work at the pool.Sydney Morning Herald - Latest News: “the court heard her alleged killer Brian Barnes, 68, developed a desire to kill following a dispute over plumbing works at a volunteer-run public swimming pool in Quambatook”
- SupportedBarnes texted Kelly, “you have to pay me with cake”.Sydney Morning Herald - Latest News: “Text messages showed Kelly telling him the work would be unpaid, with Barnes later replying “you have to pay me with cake”.”
- SupportedKelly replied, “Cake is in short supply at my place, not much time to do anything else.”Sydney Morning Herald - Latest News: ““Cake is in short supply at my place, not much time to do anything else,” the 70-year-old replied.”
- SupportedBarnes was offered $200 and a handwritten thank-you note, then allegedly returned the money and demanded $2000.Sydney Morning Herald - Latest News: “Barnes was offered $200 and a handwritten note as a thank-you for his repairs. But Bourke alleged Barnes later returned the money and demanded to instead be paid $2000.”
- SupportedThe Crown alleged Barnes drove to Kelly’s home at 1.42am on January 21, 2025, entered through an unlocked back door and assaulted her in bed.Sydney Morning Herald - Latest News: “On January 21, 2025 at 1.42am, the Crown alleged Barnes drove to Kelly’s house, entered through an unlocked back door and assaulted her in bed”
- SupportedBourke alleged Barnes tied Kelly’s hands with cable ties, put her in his ute and drove to the cemetery.Sydney Morning Herald - Latest News: “Bourke alleged the accused then dragged Kelly out the back door, down a brick-paved path, along a gravel driveway and into the back of his ute”
- SupportedBarnes allegedly said, “I prepared it, got what I needed. She deserved it. She had to go.”Sydney Morning Herald - Latest News: ““I prepared it, got what I needed. She deserved it. She had to go,” Barnes allegedly said.”
- SupportedBourke said Barnes texted his brother that he planned to “go dark” until his name was cleared.Sydney Morning Herald - Latest News: “Bourke said the accused man later texted his brother to say he planned to “go dark” until his name was cleared.”