A South Australian man who claimed his girlfriend had blue lips and no pulse after a car crash has been found guilty of her bashing murder.
The badly beaten body of 29-year-old Katherine Towner was found decomposing in her car at Strathalbyn, south of Adelaide, in April 2011.
After a judge-alone trial in the South Australian Supreme Court, Justice Timothy Anderson on Monday found Jason Lee Gardiner, 33, guilty of her murder.
He agreed with the crown’s description of the relationship as “the coming together of two people who separately were in their own way dysfunctional, and together they were toxic”.
The judge rejected as “fanciful” a defence hypothesis that Ms Towner jumped on Gardiner’s back during a drunken fight, leading him to fall backwards and crush her beneath his body and the ground.
“It is not a reasonable possibility that in an isolated spot the deceased would attempt to tackle the man, who had previously beaten her, by jumping on his back during a drunken brawl,” Justice Anderson said.
The couple had gone away for the Easter weekend, and on the Sunday Gardiner rang a friend to say he had rung an ambulance as Ms Towner had blue lips and no pulse.
But the judge said no ambulance had been called and also found untrue Gardiner’s claim that they had been in a car crash and that she walked off despite being “in a bad way”.
Ms Towner had been strangled and had a head wound, fractured ribs, a lacerated liver and bruising on her body.
During the 18-month relationship, her family noticed she had various injuries including bruises, black eyes, cuts and abrasions.
She reported him twice to police, once resulting in him being jailed for four months during which she visited him.
The judge referred to numerous text messages between the couple which showed Gardiner “had some sort of hold or control” over Ms Towner, but he wanted continual reassurance from her that she loved him.
“Whilst I accept that there was clearly fondness at one level between the accused and the deceased, it is my view that she was afraid of (him) and was required to reassure him regularly of her devotion to him.”
The judge will hear sentencing submissions on November 15.
Related posts:
Views: 0