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AAP
AAP
National
Emily Woods

Man fatally stabbed in act of self-defence

A coroner is investigating Steven Judge's cause of death and the circumstances surrounding it. (Diego Fedele/AAP PHOTOS) (AAP)

Steven Judge was fatally stabbed during a botched kidnapping in regional Victoria, but three years on police have not charged anyone over his death.

The target of the kidnapping, Anthony Brown, ran into bushland after stabbing Mr Judge and was arrested the next morning, covered in his own blood.

Mr Brown admitted stabbing the 24-year-old with a knife after being kidnapped by a group and assaulted at One Tree Hill lookout near Bendigo, in March 2019.

Four people have since been charged and convicted over Mr Brown's kidnapping and serious injuries, however no one has ever been changed with murder or manslaughter over Mr Judge's death.

A Victorian coroner is investigating Mr Judge's cause of death and the circumstances surrounding it.

Homicide Squad Detective Senior Sergeant Mark Colbert said police decided not to pursue criminal charges against Mr Brown because they believed a jury would find he acted in self-defence.

"To have charged Anthony Brown with offences relating to the death of Steven Judge, it just wouldn't be sustainable in court," he told an inquest in the Coroners Court on Thursday.

The court was shown videos of Mr Brown's police interviews shortly after his arrest.

Mr Brown said he was smoking tobacco in a car with Jara Dix, Benjamin Judge and Steve Judge at the One Tree Hill lookout near Spring Gully when an assault began.

He was kicked and then dragged away from the car, where they continue to beat him and at one point a sledgehammer was used. Steven Judge's involvement in the beating remains unclear.

Mr Brown told police he was tied to the ground and being choked and bashed by two to three men when we pulled out a knife and stabbed Steven Judge, who he said was on top of him.

"I had no choice but to stab Steve so that I could get away. If I didn't do that I didn't think I would be alive," Mr Brown told police.

He said he then ran away, fearing for his life, and did not know that Mr Judge was fatally injured.

When police found him the next morning, he told them: "I got attacked, I didn't murder anyone."

The court heard forensic and medical evidence backed up Mr Brown's account of what had happened that night.

Det Sen Sgt Colbert said Mr Brown's self-defence claim was "irrefutable" and referring him to the Office of Public Prosecutions for criminal charges would have been a futile exercise.

"Brown details that he thought he was subject to infliction of serious injury or death, he's then taken action, that results in the death of Steve," he said.

"Weighing up all those factors, it's my belief, and based on experience, that it's a valid claim of self-defence."

Paul Judge told the court his family continued to be tormented a lack of clarity surrounding his son's death and continued to question why police had not charged Mr Brown.

"There's so much hurt and heartache highlighted by the questions of why and the unclarity of his death," he said.

"Everyday hurts without Steven, some are harder than others. Today adds to the pain for obvious reasons, but all I can do is hope for his justice."

Deputy State Coroner Jacqui Hawkins will hand down her findings at a later date.

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