Statement of Facts

PLEASE NOTE: This a break-out to the report “Child One behind bars: Where are we at?”

 

This contains distressing material.

 

1. The defendant, [REDACTED] is a 34 year old Aboriginal male.

 

2. The victim and deceased, [REDACTED] is a 33 year old Aboriginal female.

 

3. [The] have been in a domestic relationship for about 20 years.

 

4. The defendant and the victim reside at [REDACTED] Tennant Creek with [REDACTED].

 

5. The defendant and victim have three children together. one male 13 years of age who resides in Alice Springs at boarding school, and two female children, 10 and 9 years of age who reside in Tennant Creek with other family members.

 

6. On 4 February 2016, the defendant was served a Domestic Violence Order orally by Magistrate BAMBER in the Tennant Creek Court of Summary Jurisdiction.

 

7. The conditions of the order are:

o Defendant – [REDACTED].

o Protected Person/s – [REDACTED].
o The defendant is restrained from directly or indirectly:
o Approaching, contacting or remaining in the company of the Protected Person/s (contact includes by mail, phone, text messages, facsimile, email or other forms of communication).
o Approaching, entering or remaining at any place where the Protected Person/s is living, working, staying, visiting or located.
o Except via or in the presence of a solicitor, family dispute resolution practitioner or nominated third party:
o Agreeable to the parties for the purpose of making arrangements for the children of the parties namely: [REDACTED]
o Causing harm or attempting or threatening to cause harm to the Protected Person;
o Exposing any child/children of the Parties to Domestic Violence.

 

8. The order expires on 04 February 2017.

 

9. At some time after 11.30pm on Wednesday 18 January 2017, or in the early hours of Thursday 19 January 2017, witnesses … saw the defendant and the victim arguing near a T-intersection near Village Camp Tennant Creek.

 

lO. [REDACTED] states the victim was holding trampoline iron (pole). [REDACTED] told them to stop arguing and to go back home. The argument was regarding jealousy issues the defendant and the victim were having.

 

11 .The victim and the defendant returned to their residence.

 

12. During the night the victim knocked on the door of [REDACTED].

 

13. At about 7.00am on Thursday 19 January 2017, the defendant and the victim were heard arguing by [REDACTED]. The victim knocked on the door to [REDACTED] bedroom and asked for help stating “Help, help [REDACTED].”

 

14. [REDACTED] saw the victim sitting on the ground of the kitchen / lounge room trying to cover up and protect herself as the defendant punched and kicked the victim all over her body.

 

15. [REDACTED] intervened and the defendant and the victim returned to their room where she could see them sitting on the bed. [REDACTED] believes both the defendant and victim were intoxicated and after a while calmed down and went to bed.

 

16. By his own admission; the defendant and the victim attended house [REDACTED] Tennant Creek at approximately 10am on Thursday morning. The victim entered the residence to request a cigarette from the occupant [REDACTED]. The defendant and the victim were then invited to consume Moselle cask wine within the residence.

 

17. The defendant and the victim remained at house [REDACTED] for the remainder of the day consuming numerous cups of Moselle wine. Both the defendant and the victim were highly intoxicated when the decided to leave house [REDACTED] and walk back to house [REDACTED].

 

18. The defendant and the victim arrived at house [REDACTED] sometime after 10:00pm. The defendant and the victim entered the victim’s bedroom and closed the door behind them.

 

19. The defendant and the victim argued about jealousy issues and a physical altercation started. [REDACTED] heard the defendant hitting the victim who was screaming out for help. [REDACTED] went to assist, telling the defendant and victim to stop fighting and go to sleep.

 

20. The defendant and victim were heard continuing to argue when [REDACTED] went to sleep that night.

 

21. By his own admission; the defendant struck the victim to the upper feet and shin area on 4 or 5 occasions with an unknown object. The force of the blows caused a number of cuts and lacerations to the victim’s feet and shins.

 

22. The defendant struck the victim to the left side of the head on three times with a “T shaped” fragment of Besser brick which caused a large laceration to her scalp. The laceration began to bleed heavily.

 

23. Prior to 7.00am on Friday 20 January 2017, [REDACTED] went to check on the victim but couldn’t open the door due to a mattress being behind it. The defendant stated “She’s ok, she’s ok.”

 

24. [REDACTED] tried to speak with the victim but the victim’s replies were limited to moaning in pain.

 

25. At lunchtime that day [REDACTED], the defendant and victim’s children, came to house [REDACTED] to visit. The defendant and the victim remained in the bedroom. The children left a short time later when the defendant told them to go away from behind the closed bedroom door.

 

26. [REDACTED] stated she attended house [REDACTED] at approximately 10:00am and was speaking with [REDACTED].

 

Whilst at the house she stated that the defendant came out of the bedroom and asked her for a cigarette. [REDACTED] stated she didn’t have any cigarettes to give the defendant and she told him this. [REDACTED] stated she observed the victim to be lying on the mattress in the bedroom with the blanket pulled up to her shoulder.

 

27. [REDACTED] noted that the defendant was wearing light coloured shorts that were spattered with both large and small droplets of blood.

 

28. [REDACTED] asked: “Is my sister ok?”

 

29. The defendant replied “Yeah” and went back to his bedroom shutting the door behind him. Shortly after this all other residents left the house. The defendant was left in the residence alone with the victim.

 

30. [REDACTED] stated at approximately 3.00pm on Friday 20 January 2017 the defendant attended house [REDACTED]. The defendant asked both women where his mother was. When the women told the defendant that she wasn’t present he walked back towards house [REDACTED].

 

31. [REDACTED], the defendant’s biological mother states that she arrived home around 5:00pm and the defendant attended her residence. The defendant asked [REDACTED] to go to [REDACTED] saying “It wasn’t me hitting her, she was hitting on the wall herself”. [REDACTED] asked the defendant why he had not stopped her to which he stated “she had scissors in her finger, trying to stab me with the scissors in the chest, I was frightened from the scissors”.

 

32. [REDACTED], the defendant’s aunt, stated she was present when the defendant attended house [REDACTED] and spoke with [REDACTED]. [REDACTED] stated she heard the defendant say “you mob it’s really serious it happened for me, my wife passed away”.

 

33. [REDACTED] stated she went with the defendant to house [REDACTED] and saw the victim lying on the bed. [REDACTED] stated the victim was lying on her side, not breathing. The victim had a piece of black clothing tied around her head. The defendant stated to [REDACTED] “everything is stopped”.

 

34. [REDACTED] called 000 and spoke with the ambulance operator who instructed her how to commence resuscitation. The defendant then started chest compressions whilst [REDACTED] counted the compressions out loud.

 

35. At 5:39pm St John Ambulance paramedics Rachael HUI and John TREWIN arrived at [REDACTED] and state they observed a male (the defendant) conducting chest compressions. St John ambulance commenced initial observation and treatment.

 

36. Whilst treating the victim HUI asked the defendant when he had last seen the victim alive and he stated “two hours”. HUI further asked the defendant what had happened and he replied words to the effect of she hit herself with a rock or brick.

 

37. TREWIN recalled hearing a male voice saying “she struck herself in the head”. TREWIN stated he cannot identify who made this statement.

 

38. TREWIN, HUI and Ambulance supervisor Katie MCLEOD stated that they observed a large laceration on the victim’s head, and swelling to her facial region.

 

39. Approximately 5:50pm Constable JUSTIN SCHREMMER and Aboriginal Community Police Officer Billy FLETCHER arrived at house [REDACTED]. SCHREMMER stated he took over chest compressions and whilst doing so observed extensive head injuries.

 

40. Sergeant Gregory JARVIS attended [REDACTED]. JARVIS stated he observed the defendant at the residence. When JARVIS attended he observed paramedics attempting to resuscitate the victim.

 

41. JARVIS stated he arrested the defendant at 6:15pm and he was conveyed to the Tennant Creek watch house. When asked what happened later in the afternoon the defendant stated “she wouldn’t get up, she wouldn’t wake up that when I noticed, I went to [REDACTED] and asked for phone”.

 

When asked what he had said to the people at [REDACTED] he stated: “I told them we were fighting, she sleeping unconscious and she might pass away.”

 

When asked if the defendant was drunk at the time of the incident he stated, “Too drunk” The defendant later clarified that he “get angry” when he is drunk.

 

When asked who he thought had caused the victim to die he said “me”.

 

When asked what caused the victim to die he said “probably a blood clot” and pointed to his chest. When asked if he had intended to kill the victim he stated: “No I just wanted her to go away from me, I did it to make her stay away from me.”

 

When asked his reason for breaching his Domestic Violence Order he stated: “She came up to me at the pub, when I got out of gaol and wouldn’t leave me alone.”

 

Return to main report.

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