Court hears man allegedly murdered woman after she banned him from local pool

Brian Robert Barnes is standing trial for the murder of 70-year-old Quambatook woman Merril Kelly.

The prosecution alleges Mr Barnes snuck into Ms Kelly's house and killed her after she banned him from the local pool.

A court has heard a man snuck into a woman's bedroom in the middle of the night and killed her after she banned him from the local pool.

Merril Kelly, 70, a community leader and president of the Quambatook Memorial Swimming Pool, was found dead in the town's cemetery in north-west Victoria in January 2025.

Brian Robert Barnes has pleaded not guilty to murder and is standing trial in the Supreme Court in Bendigo.

The 68-year-old, known in his hometown of Quambatook as Bert, sat in the dock at the back of the courtroom wearing a white T-shirt and glasses.

Crown prosecutor Patrick Bourke KC told the court today Mr Barnes allegedly admitted to his brother what he had done.

The court heard an autopsy found Ms Kelly died from head injuries.

In his opening address, Mr Bourke told the jury a dispute arose after Ms Kelly arranged for Mr Barnes to fix a leak at the community swimming pool in November 2024.

Ms Kelly texted Mr Barnes to say the work would be unpaid, and he replied saying she may need to pay him "with cake".

The court heard Ms Kelly eventually gave Mr Barnes $200 in cash for the work, however, he then demanded $2,000, before escalating the figure owed to $2,500 and threatening legal action.

The day before the alleged murder, the court heard Mr Barnes went for a swim at the pool and was reprimanded by a volunteer for diving in the shallow end.

Mr Bourke said Mr Barnes splashed the volunteer in the face, grabbed her glasses and threw them away.

The police were called and spoke to Mr Barnes at his home.

The court heard later that day, about 8:20pm, Mr Barnes posted a video online talking about the incident and said he had been banned from the pool by Ms Kelly.

The prosecution alleges Mr Barnes drove to Ms Kelly's house about 1:40am, likely entering through an unlocked door, and attacked her in her bedroom, "bashing her over the head".

"The accused dragged [Ms Kelly] out the back door, down a brick paved path … along a gravel driveway and we say, put her in the back of his ute," Mr Bourke said.

Mr Bourke said Mr Barnes drove to the Quambatook cemetery, about 4.5 kilometres away.

"The accused relates to his brother and sister-in-law, that at the cemetery, he asked [Ms Kelly] why she'd not paid him for the work, she doesn't respond, 'so I then poured petrol on her and set her alight'," Mr Bourke told the court.

The court heard Mr Barnes had arrived at his brother's house about 4:30am.

Mr Bourke told the jury when Mr Barnes's brother asked him about some injuries to his face and arms, Mr Barnes told him "she bloody scratched me up".

CFA firefighters called to the cemetery fire discovered Ms Kelly's body about 5am, Mr Bourke said.

Mr Barnes was arrested the next day near Castlemaine in central Victoria.

Mr Bourke said Ms Kelly was a carer for her husband who had late stage dementia, and they slept in separate bedrooms.

He said her autopsy found extensive injuries to her head, and a black cable tie around her neck.

The court heard neither elevated carbon monoxide levels nor soot was found in her body, suggesting she was already dead when her body was allegedly set on fire.

The prosecution opening will continue when the trial returns tomorrow, before the defence response from barrister David Cronin SC.