Seven Time Killer Sought Minimum Term

This case is a little different to the general tenor of cases that are posted on this blog.  These murders occurred decades ago and Paul Steven Haigh (described as "Victoria's worst serial killer") was sentenced in 1980 and again in 1986.  He received life sentences for all murders committed and at the time, a minimum term could not be fixed.  The practical effect of a life sentence without a minimum term is that a prisoner will never be released.

The judgment summarised in this blog entry determined whether or not Paul Steven Haigh should be granted a minimum term to his sentence, to permit the possibility that one day he will be allowed back into society.

Crime:  Murder x 6

Occurred:  1978 - 1991

Where:  Windsor, Caulfield, St Kilda, Ripponlea, Olinda and Pentridge Prison

Sentenced:  Early 1980s

Convicted:  Paul Steven Haigh

Victims: Wayne Keith Smith, Sheryle Ann Gardner, Danny William Mitchell, Lisa Maude Brearley, Evelyn Abraham, Bruno Cingolani and Donald Hatherley.

What happened?

Paul shot Bruno Cingolani in the abdomen during an armed robbery at a pizza shop in Caulfield South.  Bruno later died in hospital.

Paul shot Evelyn Abraham in the head at an armed robbery of a Tatslotto agency in Windsor.  She died at the scene.

Paul's other murders took place in a broader killing spree by a lethal trio of men that lasted 11 months.

His mates, convicted killer Peter Wright and convicted killer and prison escapee Barry Quinn, were embroiled in a jealous circle.  Whilst on the run, Barry Quinn's girlfriend was murdered at Missipppi Lake.  Barry later confessed to the murder but police were suspicious it was actually committed by Sheryl Ann Gardner, a former lover of Quinn's who shared some animosity towards the murdered woman.

Paul's third victim was St Kilda man, Wayne Keith Smith, who had let Barry stay with him for a few days after he had fled prison.  Paul and an associate shot Wayne dead - the motive is unclear but it seems he was a former criminal associate and murdered in order to cover up the trio's crimes.

Two of Paul's victims: his 19 year old girlfriend, Lisa Bearley, and former associate Wayne Smith (source)

Paul then murdered Sheryl Ann Gardner by shooting her in her car at Ripponlea.  Also present was her nine year old son, Danny William Mitchell, who Paul pretended to console before shooting from behind once his head was turned.  It also appears they were murdered because Sheryl "knew too much".

Paul around the time he was first convicted (source)

During his hearing to have a minimum term imposed, Paul handed up a book to the judge entitled "The House of Blue Light", a series of letters that documented his murders.  Paul wrote of his sixth victim, his 19 year old girlfriend Lisa Maude Brearley:

I invited my girlfriend to a non-existent party, and she, accepting the invitation, went to the bush with my co-offenders and I.  However, the only thing that awaited her up the dark forest track was rape and Death.

He took her out to a secluded area in Olinda and later described the murder as follows:

I hadn't known my girlfriend for long, but I experienced her as a kind-hearted and nice enough lass. Unfortunately for her, because there wasn't a gun to shoot her with, a knife was used to take her life. This being the case, when the fellow who wanted sex with her had finished using her body to that end, I attacked her with the blade. Amazingly, it seems I stabbed her one hundred and fifty-seven times.

I hadn't stabbed anyone to death before, and she didn't, as you might see in a movie, die after one blow with the knife.  She fought surprisingly hard, and this fazed me.  Because of this, when she was finally still, I decided to stab her more, in order to make sure she was dead.

The last murder committed by Paul was in 1991.  He assisted a prisoner to commit suicide by hanging.  A minimum term was set for this murder, the law in Victoria having changed by this time.

Convicted's background

Paul is now 55 years old and was 21 years old at the time of the first murder.  He was adopted at the age of three months and did not complete Year 9.  His parents were unable to control him and he appeared regularly in the Children's Court for, amongst other things, stealing, car theft, malicious damage, breaking and entering and various assaults.

A psychiatrist has said of Paul:

He admitted he might stuff up again if he was released.  He might even kill but only with a good reason.  Education and religion provided no answers but he had "learned to play the game" and "learned to manipulate people".

In 2010, Paul's father died and was rumoured to have left behind approximately $850,000, which was inherited by Paul.  Despite this, in the current hearing, he chose to represent himself.  He was permitted to leave prison in order to attend his father's funeral.

Although he is considered to present some symptoms of a person with borderline personality disorder, this has not been conclusively diagnosed.

Paul Haigh, today (source)

Outcome of hearing

Carefully weighing a number of considerations, the judge determined that no minimum term should be set down.

Sentence

Paul will remain behind bars for the rest of his life.

You can read more about the crimes here and here and the judgment here.

Double Murder on Notorious Lygon Street

Crime:  Murder x 2

Occurred:  Friday, 13 August 2010

Where:  192 Lygon Street, Carlton

Sentenced:  14 September 2012

Convicted:  Adam Kosian

Victims: Boris Kostov and Goran Vasic

What happened?

Early Friday afternoon, Adam rang his mother and sister and told them he would be out of contact for about six weeks.   He lit candles on his coffee table, made the sign of the cross several times and kissed his dog before leaving.  Armed with .32 Browning and a spare magazine, Adam caught a taxi to his regular hangout, a pokies venue named Players on Lygon.

Some time after arriving, Adam walked up to his friend Boris Kostov, who was seated in the outdoor area, and shot him once.  Boris fled inside and Adam's gun jammed.  After reloading the gun, Adam found Goran Vasic, saying "you too, dog", before shooting him twice in the head.  Adam then walked into the venue and shot Boris once more, telling onlookers to stand aside and let him die.

At 4.52pm, Constable Caitlyn Jones attended the scene and arrested Adam.

The venue where the shooting occurred (source)

Victims' background

Boris, Goran and Adam were all drinking buddies and had regularly hung out at Players on Lygon for about four years before the murders.  Unfortunately, Adam suffered from schizophrenia and early on in 2010 began to harbour delusions that Boris and Goran had been spiking Adam's drink and anally raping him.

Boris was 60 years old when he was killed and left behind a wife.  Goran was 44 years old and left behind a fiancee.

Convicted's background

At the time of sentencing, Adam was 54 years old.  He was born in Karabakh (a territory which is fought over by Armenia and Azerbaijan).  The son of a dental technician and a factory worker, he also trained as a dental technician.  Following completion of his studies, Adam served two years in compulsory military service.  He was commuting to Uzbekistan for work when he met his wife.  They married in 1986 and had a son in 1988, settling in Armenia.

However, Armenia was soon caught up in civil war and Adam and his family fled to Russia as refugees.  He came to Brisbane in 1997 on his own.  Shortly after this time Adam began to present with paranoid schizophrenia, undergoing hospitalisation in 1997 and 1999.  Adam's wife and son arrived in Australia around 2000-2001.  The marriage dissolved in 2004.

Adam moved to Melbourne, hoping for a fresh start.  However, although being treated for mental illness, he ended up on heroin after moving into housing commission flats in Carlton. In 2009 he underwent methadone treatment.  While Adam's GP had concerns for his mental health in late 2009, he was not treated again for schizophrenia until after the murders in August 2010.

Court sketch of Adam Kosian (source)

Outcome of trial

While Adam admitted his part in the murder and cooperated with police, the matter still proceeded by trial because he relied on a defence of mental impairment.  This was unsuccessful and a jury returned a guilty verdict.

Sentence

Adam was sentenced to a total of 20 years before eligible for parole, 25 years max.  For each victim, Adam received a sentence of 17 years but because they occurred in a single incident the judge allowed for a substantial amount of time to be served concurrently.

You can read the judgment here and news articles here and here.

Burned Alive by Boyfriend Who Prevented Onlooker Assistance

Crime:  Murder
Occurred: 1 June 2010
Sentenced: 19 October 2011
Where: Safeway Service Station, Mountain Highway, Bayswater
Convicted: David Warwick Hopkins
Victim: Nicole Joy Millar

What happened?
On a Tuesday morning, David and his de facto partner Nicole dropped off Nicole’s son at Bayswater Secondary College.  They then drove to Woolworths where the CCTV recorded them stopped in the car park for about five minutes.  No one knows what was said during these few minutes.  Nicole then drove into the Safeway Service Station. David got out of the car, grabbed the petrol pump, went back into the car and began spraying petrol all over Nicole, restraining her from getting out of the car even though she was sounding the car horn and screaming for help. Removing a knife from his pocket, he slashed her throat and then lit her alight with a cigarette lighter. He jumped out of the car as his partner was engulfed in flames.

Nicole managed to drag herself out of the driver’s door, falling to the ground.  For three minutes and 21 seconds she writhed on the ground in agony, screaming for the whole time, while David stopped anyone from coming to her assistance, telling them “fuck off, I’m going to kill you”.  He stabbed himself with a knife he had been carrying in the chest and throat (superficially).  The whole event was captured on CCTV. David stood by and said “burn bitch burn” and “hurry up and burn”.

The fire quickly destroyed the car.

Eventually, when a member of the public in desperation tried to run over David in his car, David left the scene and onlookers extinguished the flames on her charred body. David, who had fled, was later found at the back of a church by police and was sprayed with capsicum spray three times which failed to have any effect.  He held onto the knife in a standoff with police for two hours before surrendering.

Nicole's daughter, Ashley, misses her Mum.

Nicole was taken to hospital where she begged an anaesthetist “please don’t let me die”.  However, her burns were too severe for survival.  Doctors could only place her into a painless sleep; she died later that same evening.

Victim's background
Nicole was 42 when she was murdered.  She had been involved in a string of abusive relationships throughout her life.  She was a cleaner and then a driver for an automotive firm.  She was a regular drug user and had three children aged from 15 to 22.  Nicole moved in with David two years earlier and he proved to be no exception to her pattern of destructive relationships.  In the days leading up to her death, David would come to Nicole’s work place threatening to kill her and physically abusing her and her employer.  People who knew her said that she was terrified of David.  However, between the workplace incidents and the day of her death, she had reconciled with David and they were happy that morning when they dropped off her son to school.

The onlookers

The witnesses to this event were extremely traumatised.  Some tendered victim impact statements to the court.  One man suffered post traumatic disorder to such an extreme extent he has spent several months since in a psychiatric hospital.  Another person is unable to go to the petrol station anymore.  Another witness speaks of her distress at approaching the victim and then fleeing in horror: “I just ran away, I could not bear to look at the girl. She had plenty of people to help her and the sight of her was just horrific…I haven’t been able to sleep at all since it happened.”

In sentencing the judge described David’s actions as ‘the worst kind of viciousness and sadistic behaviour that a court is likely to ever see’.

The petrol station where the murder occurred.

Convicted's background

David was 40 at the time of the murder.  He was one of seven children and has a twin brother.  His father was a fireman and his mother was a housewife. Suffering with dyslexia, he repeated Year 7 (during which time he also hit a teacher) and was expelled from a technical school in Year 8 after abusing the principal. 

David arrives to Court for sentencing.

He had a range of mostly unskilled jobs ranging from tree lopper, petrol attendant and constructing pool tables before building up a successful business in shedding which collapsed due to his drug addictions which ranged from heroin, ice, prescription drugs and anabolic steroids.

David has three sons to two different women.

In the 24 hours leading up to Nicole’s death, David consumed a cocktail of drugs but his calmness upon arrest and lucid behaviour leading up to the incident led experts and the court to believe that he was not in psychosis during her murder.

Outcome of trial: David pleaded guilty to murder.  There was no need for a trial.

Sentence: David was sentenced to imprisonment for life.  Such a sentence is not limited to a specific time such as 25 years – a life sentence is for life.  The court can refuse to set a minimum sentence.  However, in this case the judge did set a minimum of 30 years before David will be eligible for parole.  Even David’s lawyer did not argue that a life sentence was not appropriate.

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

Jugular Slashed by Stranger in West Heidelberg

Crime:  Murder
Occurred: 21 November 2009
Sentenced: 4 October 2011
Where: Alamein Road, West Heidelberg
Convicted: Tjay Tunja
Victim: Rowan Biram

What happened?
Rowan came out of his house after hearing a dispute across the road, where Tjay and some friends were gathered.  Rowan yelled at the men to keep it down and stop screaming at each other, but this only antagonised Tjay’s group and two men set on Rowan, fighting him into the front yard of the house next door to Rowan’s.  Rowan fought back and at one stage was on top of one of the men when Tjay jumped into the fray and slit Rowan’s throat, a wound that ran 12cms long, nine cms deep and passed through the jugular.  He died on the scene.

Victim's background

Rowan was 38 years old when he was killed. Victim impact statements were made by his mother, brother, ex-girlfriend, housemate and neighbour who described him as a kind, generous, funny, intelligent and loving man.  He did not like his neighbourhood and had packed his belongings ready to move out to his dream house in Whittlesea. There had been hundreds of complaints from people to the Department of Housing about the house across the road.  Rowan liked motorbikes but had injured his leg in an accident.

Rowan and his best mate.

Convicted's background

Tjay was 24 years old when he killed Rowan and lived in Rosebud West.  His mother was born in London and he never knew his father.  He is the middle son of three boys, educated to Year 10 and worked in various odd jobs and gained certificates in hospitality.  Tjay has prior convictions which include assault, possessing a controlled weapon, theft and charges of causing serious injury (intentionally and recklessly).  He served three years in juvenile detention from 2003 to 2006. He has a history of substance and alcohol abuse but was not taking drugs at the time of the incident. A clinical psychologist who assessed Tjay shortly after the killing described him as “remarkably normal… in absence of psychopathology”.

A photo on Tjay's Facebook page.

Outcome of trial: Tjay pleaded not guilty to murder but a jury found otherwise.

Sentence: 19 years minimum before eligible for parole (24 years max).  Tjay has already served nearly two years of his sentence in remand.

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

Police at the scene.

Tragic End to 18th Birthday Party in Edithvale

Crime:   Defensive homicide - when you kill someone believing you are defending your own life or another’s life but the basis for that belief is unreasonable.
Occurred:  24 January 2010
Sentenced:  27 September 2011
Where:  Montrose Avenue, Edithvale.
Convicted:  Scott Roy Jewell
Victim:  Dylan Casey

What happened?
It was the evening of Scott’s sister’s 18^th birthday party (held at the parents’ house) and everyone was drinking, including Scott and Dylan, who were unknown to each other.  Scott picked up a Batman fantasy knife from inside his parents’ house and decided to take it home with him. When the DJ finished at 1am the party was over and Scott and his fiancé waited for a taxi on the street.  They observed Dylan leave the party with a group of friends, some of whom removed pickets from Scott’s parents' fence and threw them onto the ground.  Scott went inside to tell his dad.  He and his dad then followed the group down the street and upon sighting them trying to rip down a roundabout sign, Scott’s father shouted, “Who the fuck smashed up my fence?”  Pushing and shoving ensued. Believing his dad to be in danger, Scott lunged forth and stabbed Dylan once in the heart and once in the bowel.  The chest wound killed Dylan at the scene.

Dylan Casey was 19 when he died.

Victim's background

Dylan was 19 when he was killed and was planning to undertake an apprenticeship as an aircraft mechanic.  In sentencing, the judge made reference to the many victim impact statements that were read to the court and noted that Dylan’s mother “spoke of the 2 a.m. call dreaded by every parent and of the indescribable pain of not being there to comfort her son as he died, lying on the footpath”.  He was the eldest child in his family and played a significant role in helping out his autistic younger brother.

Convicted's background

Scott was 22 at the time of the defensive homicide.  Educated until Year 10, he was a carpenter who ran a subcontracting business and had recently purchased a house with his fiancé.  Scott has no prior convictions.  He has no history of drug use and does not have a drinking problem. His fiancé is looking forward to his release.

After the fatal stabbing, a friend of Scott’s buried the knife underneath a tree near a retirement village but dug it up for police later that same day. Scott ran from the scene, pursued by Dylan’s cousin who caught up with him and fought him.  No serious injuries resulted from this scuffle.

Dylan's parents are devastated by their loss.

Outcome of trial:  Scott pleaded guilty to defensive homicide before the committal proceeding.  No trial was necessary.

Sentence:  Five years before eligible for parole (eight years max).  Nearly two years of the sentence has already been served in remand.

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

Police at the crime scene.

Scissors Stabbing in Werribee

Crime:  Murder
Occurred: 5 November 2008
Sentenced: 23 September 2011
Where: 5/22-24 Stawell Street, Werribee
Convicted: Tuan Van Tran
Victim: Nguyen Van Nguyen


What happened?
Nguyen, a drug dealer, believed that Tuan owed him money.  On Wednesday, 5 November, Nguyen came to Tuan's house and demanded his money.  Tuan led him to his garage where Nguyen grabbed a broomstick and began beating Tuan with it.  Tuan fought back, using a pair of scissors, stabbing Nguyen in the head, ear and the eyes.  Tuan persuaded Nguyen to get in his car and told his girlfriend that he was going to drive him to the hospital.  Instead, he dumped Nguyen's body in Tarneit. Nguyen died from head injuries.

Nguyen's parents appealed to the public when his killer could not be found.

Victim's background
Nguyen was a drug dealer.  His father wrote a victim impact statement that described the pain that will forever haunt their family.



Convicted's background
Tuan was 33 at the time of the murder.  He was born in Vietnam and when his father died as an infant he went to live with his grandparents in a fishing village.  He was educated to a Year 8 equivalent level.  When he was 16 he migrated to Australia with his brother.  He began drinking, using cannabis and eventually developing a heroin addiction.  He and his brother were thrown out of the family home and lived in temporary accommodation where they developed heroin and ice habits and began dabbling in crime.  Tuan served two and a half years of imprisonment for several armed robberies of taxi drivers.  His younger brother died at 25.
He has since broken up with his girlfriend, who was present at the home at the time of the attack, and he no longer has contact with his two children.

Outcome of trial: Tuan pleaded guilty to defensive homicide but not guilty to murder.  A jury found him guilty of murder.

Sentence: Tuan was sentenced with a minimum 16 years of imprisonment before eligible for parole (20 years max).  He already served almost three years of his sentence in remand, which the judge described as an unacceptable situation.

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

The fatal stabbing occurred at Tuan's premises in Werribee.

One Minute Mates - Next Minute Dead

Crime: Murder
Occurred: 9 March 2009
Sentenced: 8 September 2011
Where: 7 Dalgety Street, Preston
Convicted: David Allan Curran
Victim: Vinicio Cervi

What happened
Vinicio (Vince) and David were mates.  Over the years, their living arrangements had varied, and it ended up that Vince was living in an apartment in David's factory lot in Coburg and David was living in Vinicio's home in Preston.  They agreed to move out of each other's homes and return to their own.
During the moving process things got heated.  Vince was upset that David had left his house so messy.  Then at the Coburg factory, David moved Vince's trailer and damaged it.  When Vince found out he yelled obscenities at David infront of some prospective buyers of David's factory.  David remained very calm to the abuse.  However, he went over to Vince's property later that evening, armed with a semi-automatic pistol.  The two got into a fist fight in the front yard.  David fired four shots, hitting Vince twice: once in the leg and once in the abdomen, which perforated his aorta.  He died at the scene.

A heavyweight champion, Vince is pictured on the right.

Victim's background
Vince, a former Australian Heavyweight Champion, died aged 41.  He was a professional boxer and carpenter by trade.  He left behind his de facto partner, siblings and his mother. He was much bigger than David and it is thought he was gaining the upperhand in the brawl they were having before he was shot.  The judge considered Vince's girlfriend an unreliable witness during the trial because she gave evidence that she witnessed the shooting but on cross-examination admitted to lying (to make it more confusing, the judge observed her hostility to the defence barrister was such that she admitted to lying to things that were probably not even lies).  During the shooting she was inside the house protecting her eight year old son, Blake, who also gave evidence at trial.  
Vince has his own wikipedia page here.

David as sketched in court.

David's background

David was 45 at the time of the shooting.  The youngest sibling of six, he left school after completing Year 10 and worked in panel beating, running his own business from the age of 23.  He later went on to own and run a gym.  David was at one time Vince's boxing trainer and boxed until his arm and wrist were injured in a car accident when he was 20.
David had several prior convictions for aggravated burglary, intentionally threatening serious injury and four incidents of assault.  He has battled an alcohol problem.  He has fathered three children to three different women and been married twice.  The judge noted in sentencing that David had turned over a new leaf since 2000 (his last conviction) and had become a supportive father to his children.  His son, Darcy, was described as a "troubled youth" and has been getting into more trouble without his father around to keep him in line.
The judge also recognised that David has a generous spirit, providing assistance to a friend with two young children who had sustained brain damage in a car accident, accommodation to a friend who had become homeless, helping out friends whose houses burnt down on Black Saturday, training a troubled youngster in his gym and financially assisting Vince, who had money problems.

Outcome of trial: David pleaded not guilty to murder but a jury found otherwise. He continues to maintain his innocence.

Sentence:  15 years before eligible for parole (19 years max).

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

Vince's funeral. The Rocky theme played as he was carried out of the Alphington  church.