Fatal Beating in Brooklyn for Wife's Lover

A 34 year old man was beaten to death outside his own factory.

Crime: Murder

Occurred: Sunday, 30 October 2011

Where: 19 Industry Park Drive, Brooklyn

Sentenced: 5 April 2013

Convicted: Mark Budimir

Victim: Dino Moresco

What happened?
Jana, Mark's wife, ran a nursery in Footscray called "Garden Door".  She purchased garden ornaments from Dino, who ran a manufacturing business in Brooklyn.  Jana began a sexual affair with him the day after he, her, and Mark had gone out together to celebrate her birthday in August 2011.  At this stage, Mark was unaware of the relationship between his wife and her garden ornament supplier.

In September 2011, after months of Jana threatening to leave the marriage, she left for a weekend away with Dino, while Mark stayed at home with the kids. Following the weekend, Mark learned from a friend that she had attended a nightclub with Dino. He also suspected Dino had joined her in Sydney the following night. Upon her return, Mark discovered racy text messages on her phone, and he realised that Dino and Jana were more than business associates.

A few days later, Mark drove over to Dino's factory in Brooklyn and threatened that if Dino did not leave Jana alone, Mark would put him on the "front page of the newspapers".


From left to right: Mark, Jana and Dino in happier times (source).

Soon afterwards, Jana told Mark to leave the matrimonial home because the marriage was over. In response, Mark slapped Jana across the face several times and then locked her in the bedroom.  Police were called, and Jana later applied for an intervention order. Mark was also convicted for false imprisonment and assault in relation to the bedroom incident, for which he received a suspended sentence.

On Sunday, 30 October, Mark drove around to his wife's house to find her and Dino loading some of Mark's belongings into a truck. Outraged, he then drove to Dino's factory and was spotted wearing gloves and running about suspiciously to avoid detection. A witness phoned Dino to alert him that someone behaving oddly was at the factory.

Some time later, Dino arrived at his factory to investigate. Mark caught him by the jumper and wrestled with him on the ground. Mark was able to struggle free and stood up, picking Dino up in the air and then throwing him down on the ground, where he landed on his head. Blood came out of his mouth. Mark then stood on Dino's chest several times, before loading him into his own truck and driving out to an abandoned industrial site.

He fetched some petrol from his parent's house nearby and returned, shoving Dino head first into a wheelie bin and setting it on fire.

While Dino's corpse burned, Mark drove off to buy a kebab and did a quick drive by on the fire before zooming off to New South Wales. He rang his wife, abusing her for her disloyalty before telling her that he had gotten rid of Dino so that Jana could return to him.  He also reportedly rang police and told them that he would only turn himself in after taking a holiday to Northern Australia (where and Jana had once enjoyed a nice vacation). Police were able to trace his location from his mobile phone, and arrested him in Broken Hill.

Victim's background

Dino's cousin and mother attended Court (source).

Dino was 34 when he was killed.  He reportedly ran his manufacturing business very successfully and was planning to soon retire.

Jana said in her victim impact statement, "The crime ended my physical relationship with Dino, but the emotional relationship continues. I cannot stop loving Dino."

His parents visit his grave every day.

Convicted's background
Mark was almost 41 at the time of the murder.  He met Jana at age 19, his first serious girlfriend, and they were married in their early twenties.   They had four children, who are now aged from 8 to 15.

The judge commented that Mark had lived a "largely blameless and in many respects admirable life" as a husband, father and small business owner.

Mark had former convictions of burglary, criminal damage and theft dating back to 1996 (occurring in the context of recovering a debt), as well as the conviction noted above for false imprisonment and intentionally causing injury to Jana when she asked him to leave in September 2011.

Mark also suffers from hepatitis C.

Outcome of trial: Mark pleaded not guilty to murder, but a jury of his peers found otherwise.  The judge commented on Mark's "vehement attack" pursued in cross-examination against Jana during the trial, suggesting that Mark blamed Jana as the "cause of the evil" in relation to the murder.

Sentence: 16 years before eligible for parole (18 years max), with over a year and a half already served while on remand.

You can read the judgment here.  News articles are available here, here and here.

Mark escorted out of the Court following sentencing (source).

Doncaster Dad Stabbed Wife to Death - Not Guilty

A woman was killed by her psychotic partner in front of her 11 year old daughter.

Crime: Murder (not guilty)

Occurred: 8 August 2010

Where: Marilyn Street, Doncaster

Sentenced:  1 March 2013

Not convicted:  Sestilio Cavallari

Victim:  Susan Wood

What happened?
Sestilio and Susan had been in a de facto relationship since 1985.  They had an 11 year old daughter, Tegan.  In the days leading up to Susan's death, Sestilio was acting a little off.  On 6 August 2010, he stood up his wife for lunch and later they had an argument.  He also booked a ticket to Italy, telling the travel agent that he needed to go by 9 August because "something bad [was] going to happen".  When the travel agent later rang to tell him that his Italian passport was expired and he wouldn't be able to use it for travel, Sestilio said he was already aware that was the case.

Susan was so worried by her partner, who was not talking much sense, that she rang her father to express her concern.  She asked her dad and brother to come over, but Sestilio took the phone and said that it was not necessary.  After another argument, Sestilio left the house and later returned, eventually tearing up his plane ticket. "I'm not going, but something's going to happen," he said.

Later that night, upon her father's request, Tegan slept in his bed.  Throughout the night she heard him say, "They're gunna take me away, they're gunna lock me up and your mum will know what she's done to me."

The next morning, Tegan heard her parents arguing and then her mother started screaming.  She ran into the bedroom to see that Sestilio was attacking and scratching Susan, and there was blood in her hair.  Susan cried out for Tegan to call triple 0.  Sestilio dragged Susan by her hair into the kitchen.  By the time Tegan had called emergency services and returned to the kitchen, her mother had been stabbed 37 times.  She died of wounds inflicted to her neck.

The street where Sestilio and Susan lived (source).

Victim's background
Susan is reported to have been 52 years old when she died. She was an associate director of an investment group.  She worked full time while Sestilio was the primary carer of Tegan.

Sestilio's background
Sestilio was reported to be 56 years old at the time of the murder.  Medical experts at his hearing described that during the murder and afterwards, he was in a psychotic state.  However, no underlying disorder (ie schizophrenia) had been diagnosed at the time of the hearing.  One doctor noted Sestilio's wish to reconciliate with Susan's family, and that as Sestilio tries to maintain a relationship with his daughter in the future, he will be at increased risk of depression and a relapse into psychosis.

Before and during the hearing, Sestilio was a patient at the Thomas Embling Hospital.

The Thomas Embling Hospital in Fairfield (source).

Outcome of trial
In 2012 a jury found that Sestilio was unfit to stand trial.  A subsequent hearing occurred before a judge who, after considering the evidence of several medical professionals, determined that Sestilio was not guilty on the basis of mental impairment.

The judge noted that Susan's brother, Dr Graeme Wood, had been receiving "persistent" contact from the hospital where Sestilio was staying, which was "on the surface of it, appear[ed] to be extremely insensitive".  The judge further observed that the particular order imposed on Sestilio did not enable conditions, but recommended that hospital staff discuss the issue with Dr Wood.

Sentence: Sestilio was made liable to a custodial supervision order and committed into the custody of the Victorian Institute of Forensic Mental Health.  The nominal term of his order is 25 years beginning from 8 August 2010.

You can read the judgment here.  A news article is available here.  You can find more information about mental impairment and custodial supervision orders in the Victorian criminal justice system here.

69 Year Old Vigilante Stormed Hidden Valley

A 62 year old man was tracked down in the White Pages and murdered.

Crime: Murder

Occurred: 23 November 2011

Where: Hidden Valley

Sentenced:  28 February 2013

Convicted:  Clarence Stanley Nelson

Victim:  Graeme Benney

What happened?
Clarence and Graeme were acquainted through their wives, who were first cousins.  The two families spent a lot of time together while their children were young.  It was common for the kids to sleep in one room when the families were socialising.  However, the friendship drifted apart when Graeme and his wife separated in 1989.

In 2000, Clarence's children, now adults, reported among themselves instances of molestation at the hands of Graeme Benney and also Clarence's brother, Gregory Nelson.  No one went to the police regarding these allegations.

However, word did get to Clarence, and it appears he experienced some anger and held a grudge, for 11 years later he met an acquaintance at a shopping centre and produced a bullet from his pocket, describing it as intended for his brother.

In November 2011, following an instance where Clarence licked the inside of his 5 year old granddaughter's ear, one of Clarence's daughters alleged that Clarence had molested her until she was 15 years old.  Following a confrontation outside his son's home, Clarence's son told him "I know what you did...I'm going to bring your world undone.  You're fucked."

Clarence was unable to contact his daughter who made the accusations.  Instead, he walked into the garage and emerged with a 9mm semi-automatic pisto and ammunition.  The first target was his brother, but Clarence was unable to track down Gregory through the White Pages and family enquiries.

Clarence then turned to tracking down Graeme.  He drove to Graeme's address, arriving at roughly 8:15pm, whereupon he went inside and had a superficial, pleasant conversation with both Graeme and his wife.  Clarence then asked Graeme to join him outside to inspect some panel damage on his car.  Once outside, Clarence reached into his car, pulled out the gun and shot Graeme three times, saying "This will teach you, you bastard, for everything you've done" while Grame's wife stood nearby.

Graeme died of blood loss and internal organ trauma.  He suffered wounds in the heart, lung, stomach, bowel and kidney.

Later that evening, Clarence turned himself in at the Epping Police Station.

Victim's background
Graeme was 62 when he died.  He remarried in 1993 and lived in Hidden Valley with his family.  He leaves behind a widow, children and grandchildren.

A 9mm semi-automatic similar to the model used by Clarence (source).

Convicted's background
Clarence was 69 at the time of the murder.  He was born the eldest of eight children.  His father was a World War II veteran, who returned home to Australia injured and alcoholic.  Clarence grew up suffering physical abuse at the hands of his father and was also molested between the ages of nine and 12 by his father's friend.  He was pressured into a sexual relationship with his mother's best friend when he was 14.

Clarence finished Year 10 at a technical school and became a fitter and turner.  Successful in his career, he was an engineering manager at Carlton and United Breweries until he needed quadruple bypass surgery in 1990.

Clarence was a well-regarded member of his local parish and cared for his wife who suffered from a mental illness.  He had no prior convictions before the murder.

When first imprisoned, he attempted suicide.  He continues to suffer health issues today.  In sentencing, the judge remarked that he may die in prison.

Outcome of trial: Clarence pleaded guilty and no trial was necessary.

Sentence: 12 years before eligible for parole, 18 years maximum.

You can read the judgment here.  News articles are available here and here.

Hidden Valley (source).

Baby Died in Glenroy Driveway

A ten month old baby died inside a closed car on a warm day.

Crime: Manslaughter

Occurred:  5 November 2011

Where: Glenroy

Sentenced: 12 February 2013

Convicted: Michelle Nguyen 

Victim:  Thy Tran

What happened?
At approximately 11:30am on a warm spring Saturday, 20 year old Michelle Nguyen took her two daughters, Thao and Thy, for a drive around the neighbourhood so that they would fall asleep.  When Michelle arrived back at her friend's house, Thao awoke and Michelle took her inside, leaving Thy inside the car to sleep.

A little later, Michelle checked on her baby, made sure she was still asleep, and then shut the car door without leaving the window down.  The temperature outside was 28 degrees celsius.  During the next few hours, the temperature inside the car reached almost 49 degrees. Meanwhile, inside the house, Michelle fell asleep watching tv.

At 2pm, Michelle awoke and checked on her baby to make the horrific discovery that her child was dead.  Michelle moved the baby inside, rang emergency services and tried to resuscitate her with no success.  When paramedics arrived, Michelle initially stated that her child had died inside the house, but this story did not add up; even deceased, Thy's temperature had a reading of over 41 degrees celsius.  Later she admitted to police that the death had occurred inside the car. Thy died from hyperthermia.

Victim's background
Thy Tran was a 10 month old baby when she died.  Her father was in prison at the time of her death.

Convicted's background
Michelle's mother was 14 when she had Michelle in Australia.  Both of Michelle's parents were heroin users and split up when Michelle was 11.  She has one half-sister.  She attended Marion College in Sunshine West until Year 10 and later began a hairdressing course at Vic Uni.  Around this time, she entered into a relationship with a heroin trafficker 12 years her senior.  She had her first child at 17 by accident and had her second daughter, Thy, when she was 19.  Shortly after Thy's birth, Michelle's partner was imprisoned for drug related offences.

At the age of 16, Michelle became a regular user of ice and methamphetamine and developed a heroin addiction.  While pregnant she moved onto alternative therapies and participated in a specialist program at Sunshine West for drug dependent expectant mothers.  After her children were born she resumed using heroin.

At the time of Thy's death, Michelle was not enjoying a good relationship with her mother and was staying at a friend's house who provided a mattress to accommodate Michelle and her two daughters.  In the time leading up to her baby's death, Michelle had been warned by several individuals to be careful about leaving her in the car alone.

Shortly after her baby's death, Michelle's partner was released from prison, and was allegedly physically abusive towards Michelle and destroyed her possessions until she broke off contact with him.

Michelle had no prior convictions when sentenced.

Michelle Nguyen in Court (source).

Outcome of trial: Michelle pleaded guilty so a trial was unnecessary.

Sentence: Nine months minimum before eligible for parole, four years maximum.

You can read the judgment here.  News articles are available here, here and here.

Refugee Strangled to Death by Husband in Hampton Park

A 33 year old woman was murdered in front of her two children.

Crime: Murder

Occurred:  20 November 2007

Where:  41 Michelle Drive, Hampton Park

Sentenced: 8 February 2013

Convicted:  Soltan Ahmad Azizi

Victim:  Marzieh Rahimi

What happened?
Sometime after 1pm on Tuesday, a neighbour heard a baby crying followed by a man and woman arguing and then a woman trying to scream.
Inside the house, the fight between Soltan and Marzieh escalated.  Soltan punched Marzieh several times in the head and face and strangled her to death with her scarf.  He rang police at 2:23pm to report what he had done.

The couple's marriage
Soltan and Marzieh were cousins who entered into an arranged marriage in Afghanistan when Marzieh was 19 years old and Soltan 29.  According to Marzieh's sister, Marzieh reported domestic violence from the very first night of the marriage.

The couple had two children during their four years in Afghanistan.  Their eldest daughter was killed by gunfire when she was three years old.

The couple and their remaining child fled to Iran as refugees and lived in the alleyways of Tehran, while Marzieh had two more children and Soltan worked as a cobbler and teaboy.  They came to Australia as refugees in 2005 and had another two sons, settling in Hampton Park in 2007.

The family home at 41 Michelle Drive, Hampton Park (source).

In the months leading up to the murder, the relationship between Soltan and Marzieh became hostile.  Marzieh was contemplating leaving Soltan, and had reported instances of domestic abuse to her sister (who was now residing in the USA) and social workers.  She was afraid of Soltan.  One conflict a few weeks before her death saw Marzieh locking herself in the bathroom with her two youngest children for a number of days.  On two occasions during this period she rang 000 for assistance but, unfortunately due to language difficulties, no assistance was provided.

One week before Marzieh's death, Soltan rang up Marzieh's sister and told her that Marzieh had changed religion, had become too Australian and was intending to divorce him.  Marzieh's sister then counselled Marzieh over the phone to reconcile with her husband, but Marzieh stated that she was going to leave Soltan and there were a number of organisations who could provide the support to do so.


Victim's background
Marzieh was only 33 years old when she was killed.  She has left behind five children who now under foster care.  Victim impact statements were also provided by Marzieh's mother and sister.

Marzieh suffered severe panic attacks and a social worker who spent some time with Marzieh suspected that she suffered from post traumatic stress disorder following her horrific experiences in Afghanistan.

Soltan Azizi in court (source).

Convicted's background
Soltan was 43 years old when he killed his wife. Born and raised in Afghanistan, he completed high school and studied economics at Kabul University for four years before dropping out to join the police force.

After the Afghanistan government fell in 1992, he and his family became the subjects of targeted violence. His mother and sister were killed in a house bombing, and his brother was captured and tortured by the Taliban. In 1998, Soltan and Marzieh's family home was attacked by gunmen and their eldest daughter was shot to death.

Upon moving to Australia, Soltan studied English at tafe but did not work.

Soltan had no prior convictions.
 
Outcome of trial:  Although Soltan admitted to police at the scene that he killed his wife, he pleaded not guilty to her murder and underwent a trial where he was found guilty and sentenced in 2010.  However, this verdict was set aside by the Court of Appeal who found that evidence of his abuse against Marzieh at his trial was inadmissible.  Accordingly, the Department of Public Prosecutions pursued a retrial, where Soltan again pleaded not guilty but a jury verdict found otherwise.

Sentence:  16 years minimum before eligible for parole, 20 years maximum.  The judge recognised that over 5 years of his sentence had already been served.

You can read the judgment here.  Media articles are here, here, and here.

Dad Found Dead in Doncaster

Crime: Defensive homicide
Occurred:  9 July 2010
Sentenced: 22 August 2011
Where: 12 Amelia Crescent, Doncaster
Convicted:  Zlatko (Boris) Svetina - son
Victim:  Tomislav Svetina - father

What happened?
On the night of 8 July 2010, Boris broke into his father's house and turned off the lights “to flush him”.  Tomislav came down the stairs, armed with a tomahawk.  There was an ensuing struggle where Boris managed to get hold of the tomahawk and stabbed Tomislav with it 10 times before fleeing the home. Tomislav's body was discovered four days later.

Victim's background
Tomislav, born and raised in Croatia, was 74 when he was killed.  He was an electrical fitter by trade.  In poor health, he had injuries from a serious car accident, heart disease and a past incidence of bowel cancer.
Boris was the eldest of Tomislav's two sons.  After Boris got divorced, he moved in with Tomislav and Tomislav's wife until Tomislav's wife left the home.  Tomsilav blamed Boris for the breakdown of his marriage, believing that Boris encouraged his wife to leave. In November 2010, Tomsilav accused his wife of seeing other men on the internet.  He grabbed her by the hair and ripped her top.  She ran to the neighbours while he destroyed things in the garage with a hammer.  The police were called.  The next morning, Tomislav went to his wife's property, entered through a window and stabbed his wife in the mouth and the arm.  Boris ran to his mother's rescue, took the knife and restrained Tomsilav while he waited for the police.  Tomsilav was in prison until March 2010.  He deeply hated his son and refused to talk to him.  He also rearranged his financial affairs to ensure that Boris would receive no inheritance.  He told other people that he kept a tomahawk beside his bed and that if Boris came near him he would attack him with it.


Boris' background
Boris was born in Croatia and moved to Melbourne after primary school.  He was 52 years old when he killed his father and is divorced with two children.  After leaving school part-way through Year 11 he began a career in community care and nursing and spent many years working with people with disabilities and in crisis accommodation units.

Outcome of trial: Boris pleaded not guilty to defensive homicide.  A jury found otherwise.

Sentence:   7 years before eligible for parole (11 years max).  He has already served over a year of his sentence in remand.

You can read the judgement here.  Media coverage is available here and here. 

Tomislav's house in Doncaster where the killing occurred

Paranoid Husband Murders Pregnant Wife

Crime:  Murder
Occurred: 24 August 2010
Sentenced: 25 March 2011
Where: Easterleigh Court, Dandenong
Convicted: Lino Mamour
Victim: Juana Legge

What happened?
Lino believed that his wife, Juana, was cheating on him.  On the afternoon of her death, Lino claimed that Juana pulled up a chair for him to sit in and told him, "if you are not a coward you will kill me".  Lino grabbed his 34cm knife and stabbed her several times in the heart and chest, also piercing her sternum.  He then drove to the Dandenong Police Station, covered in blood, to confess his crime.


Victim's background
Juana was 29 years old at the time of death.  She married Lino in Sudan and came to Australia in June 2010, when she fell pregnant.  She has left behind a family of ten siblings, many of whom reside in Sudan. Thirteen victim impact statements were submitted to the court by family members impacted by her death.


Convicted's background
Lino was 41 years old when he killed his wife. Born and raised in Sudan as a Christian, he was the youngest of four brothers and his parents died within 12 months of each other when he was 14. He trained as an accountant in Sudan but when civil war broke out he fled to Egypt and came to Australia as a refugee at the age of 30.  He settled in Dandenong and worked as an aged care worker, a butcher and then a machine operator.  
In the months leading up to her murder, he was obsessed that his wife was cheating on him.  He was distrustful of her doctor and was increasingly absent from work because he was so upset that Juana was unfaithful.  He could not sleep.  Before the murder occurred he was booked in for counselling through his work, who were concerned his mental state was deteriorating.  The court found there was no basis for Lino's paranoid beliefs.  Shortly before Juana's death he purchased the murder weapon, a large knife, because he believed he was being followed.  The psychologist involved in Lino's case reported that he did not appear to have an ongoing delusional mental disorder and that his wife's pregnancy may have added stress to what could have been an 'adjustment disorder with depressed mood of moderate severity'.

Outcome of trial: There was no trial because Lino pleaded guilty.

Sentence: 14 years before eligible for parole (18 years max).

You can read the judgement here.  Media coverage is available here and here.

61 Year Old Husband Kills Wife in Greenvale

Crime:  Murder
Occurred:  1 February 2010
Sentenced:  4 February 2011
Where: Family home in Greenvale
Convicted: Omer Bayram
Victim:  Sirin Bayram

What happened?
After a marriage that lasted almost 25 years, Omer and Sirin were separated but continued to live in the same house, despite increasing hostility.  Omer offered Sirin $250,000 as a full property settlement, but the marital pool was worth far more and Sirin was adamant that she wanted at least half the assets and this would involve the sale of the family home.  One Monday morning, Omer and Sirin argued in the kitchen about selling the house.  Omer grabbed a kitchen knife and stabbed Sirin five times in the chest and thigh.  She died soon after of blood loss. About half an hour later Omer rang 000 to tell the authorities that he had killed his wife.

Sirin on the right

Victim's background
Sirin was born in Cyprus and was 50 years old when she was killed.  She came to Australia in 1985, pregnant with her first child, and had two children in total (now aged 24 and 22).  She worked full time at Ericsson as a factory hand and clerk, contributing towards the house repayments and family savings.  Two days before her death she told her brother that she had found a new house in Epping she was going to buy, and was packing her things to begin a new life.

Convicted's background
Omer was the son of a shepherd, born in Cyprus and one of seven children.  He moved to Australia at the age of 23 after a stint in the British Amy in Libya.  He was 61 when he killed his wife.  Working nightshift at Dunlop rubber while his wife worked day shift, the two never saw each other much throughout their marriage.  In 2008, the Dunlop tyre plant closed down and Omer purchased a taxi licence.  As a member of the Craigieburn Art Group, two members provided character references at his sentencing hearing, stating that he was a gentleman.  He has no prior convictions.  His children were initially supportive of him when he was first arrested (visiting him in remand) but since then there has been a falling out over financial matters.

Outcome of trial: Omer pleaded guilty to murder and a trial was not required.

Sentence:  16 years before eligible for parole (19 max).  Omer has already served over a year of his sentence in remand.

You can read the judgement here.  Media coverage is available here and here.