A young mother will spend Christmas at home with her infant son after she had charges for murdering a top Adelaide doctor dropped.
Jacinta Davila, 27, was released on home detention bail on Friday after prosecutors downgraded her charges to assisting an offender.
Davila and her partner Kerem Aydin, 22, were initially both charged with murdering respected paediatrician Michael Yung in a violent home invasion at Gilberton, in the city’s inner-north, earlier in December.
Watch the latest news and stream for free on 7plus >>
Magistrate Michael Jandy had previously heard Davila’s DNA was found on a head torch at the suspected entry point, adjacent to a fly screen that had been sliced open, while Aydin was linked to blood stains at the scene.
While there was a relatively strong case that Davila had tampered with evidence by attempting to wash blood from clothing found at the couple’s Thebarton home, Jandy said there was an obvious question mark surrounding the strength of evidence attaching her to the crime scene.
Brother of top surgeon speaks out after doctor killed in alleged home invasion
Young parents charged over murder of top SA surgeon
Although her DNA was found at the Gilberton house, it could have transferred from her to the crime scene via Aydin, he said.
“Absent of any other evidence putting this defendant at the scene of the crime at the time, the case will remain possibly equivocal in relation to her,” Jandy told Adelaide Magistrates Court on December 13.
Jandy allowed Davila to be released from Adelaide Women’s Prison on Friday after prosecutors said they would not oppose bail.
She will remain on home detention at a house in Mile End, where she will be able to look after her and Aydin’s eight-month-old son.
Her lawyer, Alexander Jackson, had earlier said she was effectively the toddler’s sole carer and remaining in custody throughout a lengthy trial would bring undue hardship on him.
The couple had unsuccessfully attempted co-parenting after the child was conceived during a one-night stand, he said.
As part of her bail conditions, Davila must be fitted with an electric monitoring device, relinquish her passport, avoid all contact with Aydin and only leave the house with the express approval of a corrections supervisor.
Davila sobbed and thanked the judge after being granted bail.
Aydin remains charged with Yung’s murder and trespassing with the intention to steal more than $30,000 worth of property.
The pair will return to court in March.