Jacinta Davila freed from custody after murder charge over death of Dr Michael Yung was dropped
A young Adelaide mother who was behind bars over the death of a renowned doctor has been immediately released on bail.
Jacinta Davila, 27, will spend Christmas at home with her eight-month-old son under house arrest after her murder charge in the death of Dr. Michael Yung was dropped by prosecutors on Friday.
Davila and her partner Kerem Aydin, 22, were both initially charged with murdering Dr Yung during a violent home invasion in Gilberton in Adelaide's north earlier this month.
Magistrate Michael Jandy previously heard that Davila's DNA was found on a headlamp at the suspected entrance, next to a cut fly screen, while Aydin was linked to bloodstains at the scene.
Jacinta Davila's attorney Alexander Jackson previously said she was essentially her toddler's sole caregiver. (Jacob Shteyman/AAP PHOTOS)
Although there was relatively strong evidence that Davila had tampered with evidence by attempting to wash blood from clothing found in the couple's home in Thebarton, Jandy said there was a clear question mark over the strength of the evidence that placed her on the crime scene.
Although her DNA was found at the Gilberton home, it could have been transferred from her to the crime scene via Aydin, he said.
“In the absence of any other evidence found by this suspect at the scene of the crime at the time, the case may remain ambiguous in relation to her,” Mr Jandy told the Adelaide Magistrates Court on December 13.
Mr Jandy allowed Davila to be released from Adelaide's women's prison on Friday after prosecutors said they would not oppose bail.
She remains under house arrest at a house in Mile End, where she can care for her and Aydin's eight-month-old son.
Her lawyer, Alexander Jackson, had previously said she was effectively the toddler's sole caregiver and that remaining in custody during a lengthy trial would cause him unnecessary hardship.
The couple had tried unsuccessfully to co-parent after the child was conceived during a one-night stand, he said.
As part of her bail conditions, Davila must be fitted with an electrical monitoring device, relinquish her passport, avoid all contact with Aydin and only leave the house with express permission from a corrections supervisor.
Davila sobbed and thanked the judge after she was released on bail.
Aydin is still charged with murdering and assaulting Dr. Yung with the intent to steal more than $30,000 worth of property.
The two will appear in court again in March.