Injunction dismissed: Alligator Blood case takes stunning new twist
Don't miss out on the headlines from Horse Racing. Followed categories will be added to My News.
The long-running Alligator Blood saga has taken a new twist with a Supreme Court Judge giving Queensland stewards the green light to open a new stewards' inquiry.
At 9.30am on Thursday morning, Justice Martin dismissed an injunction application from the star horse's original owners Allan Endresz and Jeff and Robyn Simpson.
The injunction bid had been attempting to restrain stewards from conducting current and future inquiries into the 2020 Gold Coast Magic Millions 3YO Guineas controversy.
It is more than five years into the drama since Alligator Blood was originally stripped of the 2020 $2m Magic Millions Guineas win and the prizemoney cheque, following a positive swab to the banned substance, altrenogest.
Endresz and co were originally handed a thumping win in court when Justice Morrison, of the Court of Appeal, ruled in favour of a court's original decision to void Alligator Blood's disqualification as it ruled owners were never given an opportunity to be heard by stewards before the disqualification.
However, Queensland stewards later announced they would attempt to re-hear the matter in a third inquiry.
They will now get that chance and the latest court ruling is the first time Endresz has had a major loss in court since the saga kicked off.
The Queensland Racing Integrity Commission and Racing Queensland – which were the respondents in the civil action – were awarded costs from Endresz and co.
Endresz's legal team had initially submitted to Justice Martin that 'the lawful power of the stewards had been exceeded' and the second stewards' inquiry into the matter had been 'discontinued without any reasonable diligence.'
They claimed Alligator Blood's 'A' swab sample from 2020 was now unreliable because of laboratory flooding and 'even QRIC's own experts say it is unlikely it could be reliably analysed now.'
But Justice Martin said, in his finding: 'The owners have not succeeded on any of the arguments they presented.'
QRIC deputy commissioner Kim Kelly told Racenet: 'QRIC is pleased with today's Supreme Court's decision and looks forward to the (stewards') inquiry proceeding and the matter being determined.
'When the current (QRIC) leadership team was appointed in September last year, this matter being resolved was prioritised.
'The Supreme Court's decision facilitates that outcome being achieved.
'The way is now clear for the inquiry to proceed with a fresh panel which will objectively consider all the relevant evidence and reach a determination based on that evidence.
'With today's decision, QRIC's leadership team remains committed to finalising this matter in a timely manner.'
Kim Kelly. Picture: Grant Peters – Trackside Photography.
Endresz said he would file an appeal next week, saying an initial debrief with his barrister Katherine McGree had uncovered 'three crucial points, wrong in law.'
'I have instructed Katherine to dig deeper into those points and we will file an appeal next week,' Endresz said.
Alligator Blood, the seven-time Group 1 winning headline horse, had been transferred from Gai Waterhouse and Adrian Bott to Chris Waller but never raced for Waller.
He was retired last month after a slight amount of heat was detected in his leg.
Originally published as Alligator Blood case takes new twist with Supreme Court injunction application dismissed
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
ABC News
a day ago
- ABC News
Erin Patterson's week on the stand in her mushroom murder trial
For weeks, the trial of Erin Patterson has moved carefully through vast expanses of at-times highly technical evidence. It's included contested data from mobile phone towers, reports of digital analysis carried out on seized electronic devices and tables tracking the movement of SIM cards between phones. It's even included a run-through from a fungi expert on how to distinguish the deadly Amanita phalloides (or death cap) mushroom variety from its more benign relatives. But it was in the sixth week of the Supreme Court trial that a packed courtroom in Morwell heard hours of evidence directly from the person who organised the 2023 beef Wellington meal that led to three deaths. The trial of Erin Patterson, who stands accused of using a poisoned meal to murder three relatives, continues. Look back at how Friday's hearing unfolded in our live blog. To stay up to date with this story, subscribe to ABC News. In her evidence, Erin Patterson told the jury she never intended to harm the four relatives she invited to Saturday lunch at her Leongatha home. She said she now believed foraged mushrooms had accidentally made their way into the meal in a mix-up that had seen them blended with other dried mushrooms purchased from an Asian grocer in Melbourne's south-east. The 50-year-old, who has pleaded not guilty to three charges of murder and one of attempted murder, admitted several times she had used lies and exaggeration in the past. But she maintained she was telling the truth when she rejected one of the prosecution's central claims: that her lie to her lunch guests about possibly requiring cancer treatment in the future was part of a carefully laid plot to murder them. "I suggest that you never thought you would have to account for this lie of having cancer, because you thought that the lunch guests would die and your lie would never be found out," Dr Rogers said to Ms Patterson. "That's not true," she replied. She also said while she may have indicated cancer treatment lay ahead, she never told them a diagnosis had been made. This week, Ms Patterson gave deeply personal evidence as she discussed the context in which the lunch had taken place. The evidence went as far back as her childhood, when Ms Patterson told the court her mother would weigh her "weekly". She said she had grown up with significant body image issues, engaged in binge eating and by the time of the lunch, she was planning to undergo gastric-band surgery as a way to control her weight. Ms Patterson said she was too embarrassed to tell her relatives about this, so instead she fed her parents-in-law Gail and Don Patterson a lie. The court heard Ms Patterson told them in several messages sent before the lunch that she was undergoing a biopsy and MRI for a lump on her elbow. "I remember thinking I didn't want to tell anybody what I was going to have done, I was really embarrassed about it, so I thought perhaps letting them believe I had some serious issue that needed treatment might mean they would be able to help me with the logistics around the kids and I wouldn't have to tell them the real reason," Ms Patterson said. It was a lie she expanded on at the lunch, although Ms Patterson told the court while she had indicated she may need ovarian cancer treatment, she did not believe she had told them a diagnosis was made. Her history with illnesses and the medical system was also explored in evidence. The court heard several traumatic experiences with her children's health and hospital staff had built a sense of distrust. "I just lost so much faith in the medical system that I decided that, anything to do with my health and the children's health, I'm going to have to solve that problem myself," she said. Earlier in the trial, the court heard from medical staff who said Ms Patterson needed to be persuaded to bring her children (who had eaten leftover meat from the meal) in to be tested for death cap mushroom poisoning. Ms Patterson said any perceived reluctance wasn't because she did not want her children to be treated, but because she was wary of the "drastic step" of hospital admission. "I wanted to understand that that was really necessary, because of their anxieties about being in hospital," Ms Patterson said. But she said ultimately, she understood "the logic" of that course of action. Ms Patterson also gave detailed evidence on the family dynamics at the time of the lunch. Tensions over financial matters had flared between her and her estranged husband in late 2022 and she had feared it was damaging her relationship with the Patterson family. In a bid to bring them closer, Ms Patterson had organised a lunch in June, 2023, with Gail and Don Patterson and the children, where she served up shepherd's pie. "The kids and I had such a good time seeing nanna and papa," she said. Ms Patterson said the positive engagement with her in-laws had inspired her to organise another lunch, this time with Gail's sister Heather Wilkinson and her husband Ian. "Her and Ian have been really good to me over the years, I wanted to have some more connection with them," she said. It was against this backdrop that Ms Patterson said she approached Gail and Heather after a church service in Korumburra one Sunday. "Would you like to come to lunch at my house?" Erin said she asked them. "They said 'we'd love to'." Ms Patterson told the court she decided a "special" dish was required for the event, and so decided to attempt beef Wellington for the first time. A few "deviations" were made to the RecipeTin Eats cookbook method, she said. Due to meat availability, Ms Patterson said she made individual pastry parcels rather than the one log called for in the recipe. A prosciutto layer was dropped because Don Patterson didn't eat pork, the mustard was left out and a crepe layer was swapped for the simpler option of filo pastry. Crucially, Ms Patterson told the court she believed the deadly addition to the meal likely came during the preparation of the mushroom paste, or duxelle, that coats the meat. She said on the morning of the lunch, she had cooked down Woolworths-bought mushrooms when she tasted the duxelle. "It seemed a little bland, to me," she said. "So I decided to put in the dried mushrooms that I'd bought from the grocer that I still had in the pantry. "So I put them in, like a little … strainer with a handle … and just roughly poured water over them to get the crispness out of them. "I chopped them up and I, like, sprinkled them over the duxelle and pushed them in with an egg flip." She said at the time, she had believed the dried mushrooms were the ones she'd bought from an Asian grocer in Melbourne's south-east. "Now I think that there was a possibility that there were foraged ones in there as well," she said, closing her eyes and blinking as her voice cracked. After guests arrived, Ms Patterson said the individual Wellingtons were plated up and put on the table with no great thought as to who ended up with which portion. "I said, you know, 'grab a plate guys, I'm just going to finish off the gravy.' I turned around," she said. Ms Patterson told the court she only had part of her meal and shortly after the guests had left, she binged on two-thirds of an orange cake her mother-in-law had brought, before vomiting it all up. The events after the guests left the dining table have been raked over in hours of court evidence and detailed in briefs running into tens of thousands of pages. On Friday, lead prosecutor Nanette Rogers SC questioned the "love" Ms Patterson has maintained she held for her in-laws: Rogers: You agree that you told police in your record of interview that you loved Don and Gail? Patterson: Correct. Rogers: Surely if you had loved them .. You would have immediately notified the medical authorities that there was a possibility that the foraged mushrooms had ended up in the meal. Patterson: Well I didn't. I had been told that … people were getting treatment for possible death cap mushroom poisoning. So that was already happening. The prosecution noted that these questions related to Ms Patterson's mindset on the Tuesday after the lunch, days before anyone had died. But, Dr Rogers told the court, Erin didn't tell "a single person" that foraged mushrooms may have been in the meal. "Correct," Ms Patterson replied. Further, Dr Rogers put to Ms Patterson that she had "two faces" when it came to her relationship with her in-laws. A public face of loving them, and a private face shared with her Facebook friends, where she shared anger and mocked her relatives' religious views. Ms Patterson denied it, telling the court she had "a good relationship with Don and Gail" and sobbed as she recounted how she had invited Heather Wilkinson to the lunch to thank her for the kindness she had shown her over the years. This week in court the prosecution also alleged that in the lead-up to the lunch, Ms Patterson had seen iNaturalist listings of death cap mushrooms at nearby Loch and Outtrim, and knowingly foraged the poisonous fungi. They alleged that photos taken from devices seized at her home showed she had been weighing dehydrated death cap mushrooms in the lead-up to the lunch, to determine what the lethal dosage would be for her guests. The prosecution said that her elaborate cancer lie was carefully constructed to create a pretence for a lunch without her children, and that had her estranged husband Simon attended the lunch, she would have knowingly fed him a sixth beef Wellington laced with death cap mushrooms. And they alleged her decision to dump the dehydrator and lie to police about it was done because she knew admitting to the dehydrator would have revealed her murderous plot. Ms Patterson denies it all. And the trial's not over yet. This week, Justice Christopher Beale told jurors the hearings could stretch towards the end of June, before they would be asked to deliberate and return a verdict. How long the jury will need to weigh the mountain of evidence and arrive at a verdict is impossible to know. "None of you can tell me how long you will be in deliberations … how long is a piece of string?" Justice Beale said.
Herald Sun
a day ago
- Herald Sun
Erin Patterson mushroom murder trial: Erin Patterson two faces claim
Mushroom cook Erin Patterson had 'two faces' and was pretending to love her in-laws before she allegedly murdered them with a deadly beef wellington meal, a prosecutor has claimed. The mother of two has spent every day this week testifying in her own triple-murder trial and on Friday faced another grilling by Crown prosecutor Nanette Rogers SC. Ms Patterson is standing trial in Morwell, accused of murdering her estranged husband's parents Don and Gail Patterson, both 70, along with Gail's sister Heather Wilkinson, 66. The prosecution alleges she served them individual beef wellingtons she had deliberately laced with lethal death cap mushrooms at her Leongatha home on July 29, 2023. Heather's husband, pastor Ian Wilkinson, 71, was the only guest to survive. Ms Patterson, 50, has pleaded not guilty to three counts of murder and one of attempted murder, claiming she may have accidentally added foraged mushrooms into the meal along with dried mushrooms she purchased from an Asian grocer. Under cross-examination, Dr Rogers suggested Ms Patterson did not love Don and Gail, pointing to expletive-laden messages to her Facebook friends where she described them as a 'lost cause' and 'wanted nothing to do with them'. Dr Rogers asked: 'In fact, you had two faces: a public face of appearing to have a good relationship with Don and Gail … agree or disagree?' Ms Patterson replied: 'Are you asking me to agree if I had two faces?' When pressed again, she said: 'I had a good relationship with Don and Gail.' Dr Rogers asked: 'I suggest that your private face was the one you showed in your Facebook Messenger use, correct or incorrect?' She replied: 'Incorrect.' Ms Patterson also disagreed that she was angry they took their son Simon's side amid a child support dispute in December 2022. 'They did love me and I did love them. I do love them,' she told the Supreme Court. Dr Rogers put to Ms Patterson that if she 'had loved them' she would have immediately notified the authorities when she realised on August 1 there was 'possibility' foraged mushrooms were in a container with the dried mushrooms from the Asian grocer. 'Well I didn't … I had been told that people were getting treatment for possible death cap mushroom poisoning, so that was already happening,' she said. She confirmed she 'did not tell anybody' about that possibility. The court heard Ms Patterson invited the guests and Simon to lunch after a church service on July 16, with Simon testifying that she said to him she had some 'important medical news' to share and had invited everyone 'to discuss that topic'. 'No, that's not what I said to him,' Ms Patterson replied. 'That wasn't the purpose of the lunch or the purpose of the invitations.' Dr Rogers took her to the text she sent Simon after he pulled out of the lunch on July 28. 'That's really disappointing. I've spent many hours this week preparing lunch for tomorrow which has been exhausting in light of the issues I'm facing … I may not be able to host a lunch like this again for some time,' she wrote. After a series of rapid-fire questions, Ms Patterson said she did tell Simon she wanted to discuss some 'medical stuff', but she denied that she wanted advice and that it was the purpose of the lunch. The jury has previously heard she misled her guests when she told them she may need treatment for cancer, but she testified on Friday she was 'confronting' medical issues, since she was planning to have gastric bypass surgery. Ms Patterson denied she prepared a poisoned beef wellington for Simon 'just in case' he turned up at the lunch. 'And when he didn't show up for lunch … you threw it in your rubbish bin,' Dr Rogers said. 'I did put the pastry and mushrooms in the rubbish bin,' she replied. Dr Rogers also asked Ms Patterson why she invited the Wilkinsons to lunch. 'I really liked them and I wanted to have a stronger relationship with them,' she said. Dr Rogers suggested she invited them because she thought it would make it more likely that Don, Gail and Simon would come, but she denied that was the reason. Later, Ms Patterson was asked about records that showed a map about death caps – on citizen science website iNaturalist – was accessed on May 28, 2022, on a computer in her house. 'I don't have a specific memory of this day or this internet search, but my evidence is it's possible, because I remember at some point wanting to find out if death cap mushrooms grow in South Gippsland and finding out that they do not,' she said. Ms Patterson told the jury on Wednesday she found out mushrooms growing on her property were 'probably toxic to dogs' and she wanted to see if death caps grew in the area. The trial, before Justice Christopher Beale, continues.
The Advertiser
2 days ago
- The Advertiser
Mum and son to spend decades in jail for 'cold-blooded' murder of teen
Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died. More than three years ago, the family of an 18-year-old Indigenous teenager made a Facebook group titled 'Justice for Taj Hart' after he was brutally murdered in broad daylight. On June 6, his relatives and friends wore t-shirts emblazoned with the same slogan as they packed out a Wollongong courtroom, where his killers Katie Walmlsey and her son Jayden Walmsley-Hume were sentenced to decades in jail. "I hope they rot in hell," Mr Hart's grandmother Glenda Hart said, relieved with the judge's sentence. Walmsley-Hume, 21, fidgeted throughout the hearing and received a jail-term of 23 years and six months, while Walmsley, 41, sat stone-faced and received a jail-term of 21 years and six months. Justice Robertson Wright described the murder as a "cowardly and cold-blooded attack" that "brutally cut short" Mr Hart's life. The court heard Mr Hart was walking along Old Southern Road in South Nowra to meet up with a friend on February 24, 2022, when Walmsley-Hume swerved his ute seven metres off the road to hit him. Walmsley, sitting in the passenger seat, was heard declaring to her son "we got him good" after the grill smashed Mr Hart's torso from behind, causing his body to bend over the bonnet. "They did not stop, they did not call an ambulance," Justice Wright said. A woman who was picking her daughter up at the nearby school rushed to Mr Hart's aid, pulling an identification card out of his bag so she could call him by his name in his final moments. Severely injured, Mr Hart was taken to Shoalhaven Hospital, but he could not be saved. Walmsley and Walmsley-Hume were arrested at a Sydney motel on April 7, 2022 after they fled the Shoalhaven. Justice Wright said there had been "growing animosity" between Mr Hart's friend group and Walmsley-Hume in the months leading up to the hit-and-run. There were a number of fights, one at a park and another at a PCYC, in which Walmsley-Hume "came off second best". In January 2022, Walmsley-Hume attempted to stab Mr Hart after he ambushed him at his grandmother's house. Walmsley-Hume was left with a broken elbow after Mr Hart hit him with a pole in self-defence. Walmsley-Hume said "you're dead" before he left the scene. The judge said this threat was of particular significance given the offender "saw an opportunity to act on the desire" to have Mr Hart gone the following month. Justice Wright said Walmsley had participated in some of the feuds involving her son. "Both mother and son were on the lookout for an opportunity to enact the revenge they wanted," the judge said. Walmsley participated in Mr Hart's murder by hanging out the window of the ute to locate him, failing to stop and render aid, and telling her son "we got him good". The offenders had pleaded not guilty to murder, but were found guilty by a jury following a four-week Supreme Court trial. Justice Wright extended the court's sympathy to Mr Hart's family and friends, describing the teenager as a "loving son and grandson" with a "bright future". "His family feels as if their lives have been shattered," the judge said. "It's important to acknowledge that the death of Mr Hart was a personal and human tragedy." The judge factored Walmsley-Hume's difficult upbringing into his sentence, including him being introduced to cannabis at age 9, meth at 12, and heroin by his father at 13. He continued to use drugs until his arrest and had also been punished in custody for possessing illicit substances and weapons. The court accepted he had expressed remorse and attempted to seek assistance for his drug addiction. The judge took into account Walmsley's depressive disorder, epilepsy, and cannabis use disorder, with the court hearing she struggled with heavy drinking after the deaths of several family members. He could not accept she had shown any remorse. Walmsley-Hume will become eligible for release in April 2038, while his mother will become eligible the year prior. Mr Hart's family smiled and held hands as the sentence was handed down. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died. More than three years ago, the family of an 18-year-old Indigenous teenager made a Facebook group titled 'Justice for Taj Hart' after he was brutally murdered in broad daylight. On June 6, his relatives and friends wore t-shirts emblazoned with the same slogan as they packed out a Wollongong courtroom, where his killers Katie Walmlsey and her son Jayden Walmsley-Hume were sentenced to decades in jail. "I hope they rot in hell," Mr Hart's grandmother Glenda Hart said, relieved with the judge's sentence. Walmsley-Hume, 21, fidgeted throughout the hearing and received a jail-term of 23 years and six months, while Walmsley, 41, sat stone-faced and received a jail-term of 21 years and six months. Justice Robertson Wright described the murder as a "cowardly and cold-blooded attack" that "brutally cut short" Mr Hart's life. The court heard Mr Hart was walking along Old Southern Road in South Nowra to meet up with a friend on February 24, 2022, when Walmsley-Hume swerved his ute seven metres off the road to hit him. Walmsley, sitting in the passenger seat, was heard declaring to her son "we got him good" after the grill smashed Mr Hart's torso from behind, causing his body to bend over the bonnet. "They did not stop, they did not call an ambulance," Justice Wright said. A woman who was picking her daughter up at the nearby school rushed to Mr Hart's aid, pulling an identification card out of his bag so she could call him by his name in his final moments. Severely injured, Mr Hart was taken to Shoalhaven Hospital, but he could not be saved. Walmsley and Walmsley-Hume were arrested at a Sydney motel on April 7, 2022 after they fled the Shoalhaven. Justice Wright said there had been "growing animosity" between Mr Hart's friend group and Walmsley-Hume in the months leading up to the hit-and-run. There were a number of fights, one at a park and another at a PCYC, in which Walmsley-Hume "came off second best". In January 2022, Walmsley-Hume attempted to stab Mr Hart after he ambushed him at his grandmother's house. Walmsley-Hume was left with a broken elbow after Mr Hart hit him with a pole in self-defence. Walmsley-Hume said "you're dead" before he left the scene. The judge said this threat was of particular significance given the offender "saw an opportunity to act on the desire" to have Mr Hart gone the following month. Justice Wright said Walmsley had participated in some of the feuds involving her son. "Both mother and son were on the lookout for an opportunity to enact the revenge they wanted," the judge said. Walmsley participated in Mr Hart's murder by hanging out the window of the ute to locate him, failing to stop and render aid, and telling her son "we got him good". The offenders had pleaded not guilty to murder, but were found guilty by a jury following a four-week Supreme Court trial. Justice Wright extended the court's sympathy to Mr Hart's family and friends, describing the teenager as a "loving son and grandson" with a "bright future". "His family feels as if their lives have been shattered," the judge said. "It's important to acknowledge that the death of Mr Hart was a personal and human tragedy." The judge factored Walmsley-Hume's difficult upbringing into his sentence, including him being introduced to cannabis at age 9, meth at 12, and heroin by his father at 13. He continued to use drugs until his arrest and had also been punished in custody for possessing illicit substances and weapons. The court accepted he had expressed remorse and attempted to seek assistance for his drug addiction. The judge took into account Walmsley's depressive disorder, epilepsy, and cannabis use disorder, with the court hearing she struggled with heavy drinking after the deaths of several family members. He could not accept she had shown any remorse. Walmsley-Hume will become eligible for release in April 2038, while his mother will become eligible the year prior. Mr Hart's family smiled and held hands as the sentence was handed down. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died. More than three years ago, the family of an 18-year-old Indigenous teenager made a Facebook group titled 'Justice for Taj Hart' after he was brutally murdered in broad daylight. On June 6, his relatives and friends wore t-shirts emblazoned with the same slogan as they packed out a Wollongong courtroom, where his killers Katie Walmlsey and her son Jayden Walmsley-Hume were sentenced to decades in jail. "I hope they rot in hell," Mr Hart's grandmother Glenda Hart said, relieved with the judge's sentence. Walmsley-Hume, 21, fidgeted throughout the hearing and received a jail-term of 23 years and six months, while Walmsley, 41, sat stone-faced and received a jail-term of 21 years and six months. Justice Robertson Wright described the murder as a "cowardly and cold-blooded attack" that "brutally cut short" Mr Hart's life. The court heard Mr Hart was walking along Old Southern Road in South Nowra to meet up with a friend on February 24, 2022, when Walmsley-Hume swerved his ute seven metres off the road to hit him. Walmsley, sitting in the passenger seat, was heard declaring to her son "we got him good" after the grill smashed Mr Hart's torso from behind, causing his body to bend over the bonnet. "They did not stop, they did not call an ambulance," Justice Wright said. A woman who was picking her daughter up at the nearby school rushed to Mr Hart's aid, pulling an identification card out of his bag so she could call him by his name in his final moments. Severely injured, Mr Hart was taken to Shoalhaven Hospital, but he could not be saved. Walmsley and Walmsley-Hume were arrested at a Sydney motel on April 7, 2022 after they fled the Shoalhaven. Justice Wright said there had been "growing animosity" between Mr Hart's friend group and Walmsley-Hume in the months leading up to the hit-and-run. There were a number of fights, one at a park and another at a PCYC, in which Walmsley-Hume "came off second best". In January 2022, Walmsley-Hume attempted to stab Mr Hart after he ambushed him at his grandmother's house. Walmsley-Hume was left with a broken elbow after Mr Hart hit him with a pole in self-defence. Walmsley-Hume said "you're dead" before he left the scene. The judge said this threat was of particular significance given the offender "saw an opportunity to act on the desire" to have Mr Hart gone the following month. Justice Wright said Walmsley had participated in some of the feuds involving her son. "Both mother and son were on the lookout for an opportunity to enact the revenge they wanted," the judge said. Walmsley participated in Mr Hart's murder by hanging out the window of the ute to locate him, failing to stop and render aid, and telling her son "we got him good". The offenders had pleaded not guilty to murder, but were found guilty by a jury following a four-week Supreme Court trial. Justice Wright extended the court's sympathy to Mr Hart's family and friends, describing the teenager as a "loving son and grandson" with a "bright future". "His family feels as if their lives have been shattered," the judge said. "It's important to acknowledge that the death of Mr Hart was a personal and human tragedy." The judge factored Walmsley-Hume's difficult upbringing into his sentence, including him being introduced to cannabis at age 9, meth at 12, and heroin by his father at 13. He continued to use drugs until his arrest and had also been punished in custody for possessing illicit substances and weapons. The court accepted he had expressed remorse and attempted to seek assistance for his drug addiction. The judge took into account Walmsley's depressive disorder, epilepsy, and cannabis use disorder, with the court hearing she struggled with heavy drinking after the deaths of several family members. He could not accept she had shown any remorse. Walmsley-Hume will become eligible for release in April 2038, while his mother will become eligible the year prior. Mr Hart's family smiled and held hands as the sentence was handed down. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died. More than three years ago, the family of an 18-year-old Indigenous teenager made a Facebook group titled 'Justice for Taj Hart' after he was brutally murdered in broad daylight. On June 6, his relatives and friends wore t-shirts emblazoned with the same slogan as they packed out a Wollongong courtroom, where his killers Katie Walmlsey and her son Jayden Walmsley-Hume were sentenced to decades in jail. "I hope they rot in hell," Mr Hart's grandmother Glenda Hart said, relieved with the judge's sentence. Walmsley-Hume, 21, fidgeted throughout the hearing and received a jail-term of 23 years and six months, while Walmsley, 41, sat stone-faced and received a jail-term of 21 years and six months. Justice Robertson Wright described the murder as a "cowardly and cold-blooded attack" that "brutally cut short" Mr Hart's life. The court heard Mr Hart was walking along Old Southern Road in South Nowra to meet up with a friend on February 24, 2022, when Walmsley-Hume swerved his ute seven metres off the road to hit him. Walmsley, sitting in the passenger seat, was heard declaring to her son "we got him good" after the grill smashed Mr Hart's torso from behind, causing his body to bend over the bonnet. "They did not stop, they did not call an ambulance," Justice Wright said. A woman who was picking her daughter up at the nearby school rushed to Mr Hart's aid, pulling an identification card out of his bag so she could call him by his name in his final moments. Severely injured, Mr Hart was taken to Shoalhaven Hospital, but he could not be saved. Walmsley and Walmsley-Hume were arrested at a Sydney motel on April 7, 2022 after they fled the Shoalhaven. Justice Wright said there had been "growing animosity" between Mr Hart's friend group and Walmsley-Hume in the months leading up to the hit-and-run. There were a number of fights, one at a park and another at a PCYC, in which Walmsley-Hume "came off second best". In January 2022, Walmsley-Hume attempted to stab Mr Hart after he ambushed him at his grandmother's house. Walmsley-Hume was left with a broken elbow after Mr Hart hit him with a pole in self-defence. Walmsley-Hume said "you're dead" before he left the scene. The judge said this threat was of particular significance given the offender "saw an opportunity to act on the desire" to have Mr Hart gone the following month. Justice Wright said Walmsley had participated in some of the feuds involving her son. "Both mother and son were on the lookout for an opportunity to enact the revenge they wanted," the judge said. Walmsley participated in Mr Hart's murder by hanging out the window of the ute to locate him, failing to stop and render aid, and telling her son "we got him good". The offenders had pleaded not guilty to murder, but were found guilty by a jury following a four-week Supreme Court trial. Justice Wright extended the court's sympathy to Mr Hart's family and friends, describing the teenager as a "loving son and grandson" with a "bright future". "His family feels as if their lives have been shattered," the judge said. "It's important to acknowledge that the death of Mr Hart was a personal and human tragedy." The judge factored Walmsley-Hume's difficult upbringing into his sentence, including him being introduced to cannabis at age 9, meth at 12, and heroin by his father at 13. He continued to use drugs until his arrest and had also been punished in custody for possessing illicit substances and weapons. The court accepted he had expressed remorse and attempted to seek assistance for his drug addiction. The judge took into account Walmsley's depressive disorder, epilepsy, and cannabis use disorder, with the court hearing she struggled with heavy drinking after the deaths of several family members. He could not accept she had shown any remorse. Walmsley-Hume will become eligible for release in April 2038, while his mother will become eligible the year prior. Mr Hart's family smiled and held hands as the sentence was handed down.
