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ABC News
National
court reporter Danny Tran

Supreme Court jury discharged after failing to reach verdict in Biannca Edmunds murder trial

A Supreme Court jury was unable to unanimously decide whether Biannca Edmunds was guilty of murdering her former fiance. (AAP: Diego Fedele)

A Victorian mother who allegedly used "intense sexual manipulation" to pressure her new husband to assassinate her ex over a bitter custody battle will face a fresh hearing, after jurors in her murder trial were unable to come to a verdict.

After days of deliberations, on Tuesday a jury told the Supreme Court of Victoria that they were unable to unanimously say whether Biannca Edmunds was guilty or not guilty over the murder of her former fiance, Michael Caposiena, at Westmeadows about six years ago.

Justice Lex Lasry discharged the jury, telling the court there was "no utility" in going any further.

"The trial will need to be done again," he said.

Violent home invasion left former fiance and new husband dead

The court heard Mr Caposiena was shot in the head by Glen Cassidy, her husband, who also died after being fatally stabbed with a carving knife during the bloody confrontation.

The double-killing was allegedly sparked because Mr Caposiena wanted more access to the couple's son.

It ended violently when Mr Cassidy made his way to Mr Caposiena's home at Pascoe Street in Westmeadows, where he confronted him shortly after 7:30pm on March 12, 2016.

The court was told as the two men shook hands, Mr Cassidy shoved Mr Caposiena back into the house and, while holding the other man's right hand, pointed the barrel of the gun at his target's head.

Michael Caposiena died from a fatal gunshot wound during his struggle with Glen Cassidy. (Supplied: Victoria Police)

Mr Caposiena tried to shrug the gun off and managed to stab Mr Cassidy during the struggle before the trigger was pulled.

Police arrived to find the bodies of the two men, one inside and one outside.

Prosecution accuse Ms Edmunds of sexually manipulating older husband

Ms Edmunds has always maintained her innocence but prosecutors painted a different picture to the jury, telling them that she pressured her new husband to kill by belittling his "manhood" and using "intense sexual manipulation".

At the time of the 2016 attack Mr Cassidy was in his 50s, and Ms Edmunds is now 36.

"She twisted and tortured by belittling his manhood and offering sexual favours and driving him mad and being on his case," Crown Prosecutor Neill Hutton said.

The Supreme Court was played call recordings of Edmunds and Mr Cassidy, which were inadvertently saved in his phone because of an app he had downloaded.

"Can we have sex when you get home," Mr Cassidy asks Edmunds, ahead of the killing.

"Depends if we're celebrating," she responds.

Prosecutors allege the age gap of more than 15 years between Biannca Edmunds and Glen Cassidy allowed her to manipulate him. (Supplied)

The prosecutor, Mr Hutton, said that Mr Cassidy was "besotted" with Ms Edmunds, who had a "sexual hold" on Mr Cassidy.

"She's holding out that carrot to him," he said.

"And all this, we say, was done deliberately to turn the burners up on Glen Cassidy to get him to go and do her bidding."

But John Kelly SC, who is defending Ms Edmunds, said the phone call was taken out of context.

"You don't cherry pick one sentence or one phrase out of those conversations," Mr Kelly said.

"The pair of them are discussing the stuff of life that parents discuss with one another."

Lawyers contest origins of documents found on Cassidy's phone

During the trial prosecutors argued that Ms Edmunds was the mastermind behind the plot which left both men dead, telling the jury that her fingerprints were found on a crude map that was in Mr Cassidy's possession.

Prosecutors said she also used her husband's phone to send herself a "false alibi", which effectively read like a confession.

"Biannca, I love you so much. You have no idea. I'm about to do something that you would consider absolutely f**king stupid, but I can't put up with this shit anymore … If I get caught, I want them to know you had nothing at all to do with this," the text read.

Investigators found several documents on Glen Cassidy's phone produced in the lead-up to the murder. (Supplied: Victoria Police)

The message was written with perfect grammar, which prosecutors said was out of character for Mr Cassidy.

An investigation later found a 'to do' note on Mr Cassidy's phone, written ahead of the killing.

Under the heading "Opsticols", the gunman lists things such as "One Bulet", "Getting him alone" and "Body".

Under another heading, "Things i want to do before the job", Mr Cassidy lists his priorities including "Have baby or atlest be pregnet" and "Have A's much sex as possible".

But Mr Kelly told the court that Mr Cassidy's phone had voice-to-text technology.

Prosecutors say Biannca Edmund's fingerprints were found on a hand drawn map of her former fiance's home. (Supplied: Victoria Police)

He also said that Mr Cassidy drew the map himself.

"You'd be very slow, can I suggest to you, to conclude that because a fingerprint of hers is on it it's necessarily authored by her," Mr Kelly said.

"Has anyone said to you, 'Glen because he was only schooled to Year 10 couldn't draw map'? No."

The case will return to court later this week for an administrative hearing.

Ms Edmunds, who lives in Canberra, had her bail extended.

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