A MAGISTRATE has permitted police to use “reasonable force” to obtain a DNA sample from a Swan Hill murder accused.
Nodin Peters, 33, faced Bendigo Magistrates’ Court last week charged with the murder of 34-year-old Bendigo artist Josh Penny.
Mr Penny died in hospital on January 15 from injuries sustained from an assault at the Heritage Motel in Golden Square on January 2
Magistrate Trieu Huynh last Wednesday approved an application for police to use “reasonable force” to obtain a sample of DNA from Mr Peters after he refused to comply with the procedure.
Mr Huynh said it was justified to allow police to forcibly undertake the procedure as Mr Peters was a relevant suspect in the murder case.
The court heard when Mr Peters was arrested in early January, he was unfit to give an interview.
However, six weeks later he is still refusing to provide consent for the procedure needed to acquire DNA evidence.
The DNA evidence will help determine whether Mr Peters has any connection to the alleged killing.
Mr Penny was well known in the community and would sit outside supermarkets in Eaglehawk, Long Gully and Golden Square drawing pictures.
Mr Peters is expected back in court on May 28 for a committal mention.
