Coniston massacre
Brooks was killed on or about 7 August 1928, and his body was partly buried in a rabbit hole. No eyewitnesses to the actual murder were ever identified, and there are conflicting accounts of the discovery of the body and subsequent events.
Coniston massacre
The first witness was 12 year-old Lolorrbra (known as Lala) who testified in detail that he saw Arkirkra, Padygar and Marungali kill Brooks. He also testified that all the Aboriginal people that had helped them were now dead. Constable Murray took the stand next, his evidence becoming so involved in justifying his own actions in killing suspects that Justice Mallen reminded him that he himself was not on trial and to avoid facts not relevant to the guilt of the accused. The court then adjourned for lunch. The verdict was a foregone conclusion as all that remained was the reading of the confessions made by the accused in Alice Springs. Despite lunch for the jurors being provided by the local hotel, two of the jurors went home to eat. A furious Justice Mallen dismissed the jury, ordered a new jury be empanelled and a new trial to be convened the following day. The new trial began with Lolorrbra being asked to repeat his evidence. This time his evidence, although still maintaining that the accused were the murderers, was completely contradictory. Under cross examination it became apparent within minutes that he had been coached on what to say. When the prosecution tried to introduce the written confessions of the accused, Justice Mallen pointed out that as the accused had been charged by a South Australian rather than Central Australian magistrate he would disallow the statements. The prosecution declined to call the accused to testify. Murray took the stand next, angering Justice Mallen when he repeated his justifications for killing suspects. The judge remarked "It appears impossible for all those bands of natives to be associated with the murder of Brooks. It looks as if they were shot down at different places just to teach them and other aborigines a lesson." With no evidence of guilt presented, Justice Mallen ordered the jury to acquit the accused.