A judge has rejected a defence bid to have charges against one of the boys accused of murdering Mandurah sailmaker Tauri Litchfield thrown out.
Children's Court president Judge Denis Reynolds this morning ruled on a "no case to answer" submission made by a lawyer for one of the five youths charged over Mr Lichfield's death in March last year.
The submission argued that the evidence in the trial, taken even at its highest, could not establish the 15-year-old's guilt beyond reasonable doubt.
The lawyer argued that the judge could not be satisfied that it established the boy had been part of the group that chased Mr Litchfield in the lead up to him falling and hitting his head on the bitumen.
This morning, Judge Reynolds found that there was a case to answer and the prosecution against the boy should continue.
He said that the ruling had no bearing on what the final outcome of the case would be.
The ruling was followed by confirmation from all the accused boys' lawyers that they would not testify in their defence.
Two weeks ago, a sixth boy who had originally been part of the trial was released from custody after the prosecution dropped charges against him.
The prosecution alleges the remaining five boys came across Mr Litchfield walking along Pinjarra Road in Mandurah on March 17 last year.
It is alleged that the youngest boy in the group, aged 14, touched the 28-year-old's pocket to grab his wallet, prompting Mr Litchfield to swipe the teenager across the back of his head.
The prosecution claim the teenager then retaliated by punching Mr Litchfield with enough to force knock him off his feet before he got up and fled.
The case against the boys alleges they chased him until he fell or tripped over a wall, striking his head on the ground.
Mr Litchfield died later that night.
The trial continues.