Former Australian Army reservist jailed for lighting neighbour on fire
A former Australian Army reservist has been sentenced to 35 years behind bars for killing his neighbour by setting him on fire.
Stuart Lee was sentenced in the Supreme Court on Thursday after pleading guilty earlier this year to one count of murder.
In March 2023, the 65-year-old threw petrol on his neighbour, 66-year-old Colin Bainbridge, and lit him on fire after a land-clearing dispute between the two men at Wheatsheaf, a rural area about 100 kilometres north-west of Melbourne.
Mr Bainbridge suffered burns to 70 per cent of his body and later died in hospital.
Supreme Court Justice Andrew Tinney told the court Lee's shocking and heartless crimes on a completely innocent and unsuspecting victim were beyond human contemplation.
Despite a guilty plea, Justice Tinney said Lee had shown no remorse.
He also dismissed evidence that Lee was psychotic at the time of offending, telling the court Lee was a sad, angry, embittered person whose sole intention was to maim Mr Bainbridge and teach him a lesson he would never forget.
The court heard Lee had a history of delusional and paranoid ideas about his neighbours and in a separate incident in 2021, threatened to pour petrol over another neighbour.
Lee was convicted in the Ballarat Magistrates Court of one charge of making a threat to kill in relation to that offence.
The court heard that in the lead-up to Mr Bainbridge's murder, Lee called police five times, telling an officer if they did not come, he would murder his neighbours.
Lee then doused Mr Bainbridge in petrol, lit him on fire, returned home, and called the police again to report he'd had an altercation with his neighbour.
The court heard Lee told police he lit Mr Bainbridge on fire in an act of self-defence.
Justice Tinney ruled Lee had fabricated the narrative that Mr Bainbridge had threatened him with a chainsaw on multiple occasions.
"I do not accept that you were ever in fear," Justice Tinney told the court.
"Your indignant anger overcame your clear understanding of the wrongfulness of your actions and you committed murder," Justice Tinney said.
"Your heartless and cruel actions have damaged the family grievously and permanently."
Lee has already served 835 days of his sentence and will be eligible for parole in 27 years.
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ABC News
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The argument the jury was told to ignore
As his charge to the jury ran through its third day, Justice Christopher Beale told the jury to specifically rule out one of the prosecution's arguments, relating to the leftovers she fed her children In this episode, Rachael Brown and Stephen Stockwell talk through the points Justice Beale highlighted as he ran through a list of alleged incriminating conduct following the lunch in July 2023 and answer some of your questions. If you've got questions about the case that you'd like Rachael and Stocky to answer in future episodes, send them through to mushroomcasedaily@ - It's the case that's captured the attention of the world. Three people died and a fourth survived an induced coma after eating beef wellington at a family lunch, hosted by Erin Patterson. Police allege the beef wellington contained poisonous mushrooms, but Erin Patterson says she's innocent. Now, the accused triple murderer is fighting the charges in a regional Victorian courthouse. Investigative reporter Rachael Brown and producer Stephen Stockwell are on the ground, bringing you all the key moments from the trial as they unravel in court. From court recaps to behind-the-scenes murder trial explainers, the Mushroom Case Daily podcast is your eyes and ears inside the courtroom. Keep up to date with new episodes of Mushroom Case Daily, now releasing every day on the ABC listen app.
The Advertiser
2 hours ago
- The Advertiser
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The murder of an Indigenous teenager who was chased into bushland and beaten with a metal pole during a heinous racist attack has shattered lives and left a community living in fear, his heartbroken mother says Cassius Turvey, a Noongar Yamatji boy, died in hospital 10 days after he was deliberately struck to the head in Perth's eastern suburbs on October 13, 2022. Jack Steven James Brearley, 24, and Brodie Lee Palmer, 30, were convicted in May of murdering the 15-year-old after a mammoth 12-week trial. Mitchell Colin Forth, 27, who was also on trial in the West Australian Supreme Court for Cassius' murder, was found guilty of manslaughter. The victim's mother, Mechelle Turvey, told a two-day sentencing hearing her son was a gentle giant who was unjustly taken from his family and his death "left a void that will never be filled". Ms Turvey said Cassius's killers had "glorified" their crimes and thrust the innocent children who were with him into a "world of pain and fear". 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Ms Turvey said Cassius was well-respected by his peers and a leader who was about to start his first job at Kmart, and no words could fully capture the devastation of losing someone you loved to violence. "Cassius was not just part of my life," she said. "He was my future, my family, my home. The day he was taken from us is the day my world shattered." The trial heard Brearley delivered the fatal blows while "hunting for kids" because somebody had smashed his car windows. It was alleged Forth and Palmer aided him in the common purpose, along with Aleesha Louise Gilmore, 23, who was acquitted of a murder charge. The attack on Cassius followed a complex series of events that started on October 9 when Forth, Brearley, Gilmore and another man who was tried on lesser charges, Ethan Robert MacKenzie, 21, allegedly "snatched two kids off the street" before punching, kicking and stabbing one of them. Four days later, Brearley and his co-accused allegedly armed themselves with metal poles pulled from shopping trolleys before climbing into Palmer's ute and driving off to search for some youths. About the same time, Cassius and a group of about 20 fellow students caught a bus to the same area to watch a fight being talked about on social media. Brearley, Forth and Palmer intercepted them near the field, and Cassius and some other "terrified school kids" fled into nearby bushland. It was there that Brearley caught up with him, the trial heard, before the teen was knocked to the ground and hit in the head with a metal pole. Cassius was struck at least twice, the impact splitting his ear in half and causing bleeding in his brain. All told, the five defendants variously faced 21 charges over the events of October 9 and 13. The jury found them guilty of all except Gilmore's murder charge and a theft charge faced by Brearley. 13YARN 13 92 76 Lifeline 13 11 14 The murder of an Indigenous teenager who was chased into bushland and beaten with a metal pole during a heinous racist attack has shattered lives and left a community living in fear, his heartbroken mother says Cassius Turvey, a Noongar Yamatji boy, died in hospital 10 days after he was deliberately struck to the head in Perth's eastern suburbs on October 13, 2022. Jack Steven James Brearley, 24, and Brodie Lee Palmer, 30, were convicted in May of murdering the 15-year-old after a mammoth 12-week trial. Mitchell Colin Forth, 27, who was also on trial in the West Australian Supreme Court for Cassius' murder, was found guilty of manslaughter. The victim's mother, Mechelle Turvey, told a two-day sentencing hearing her son was a gentle giant who was unjustly taken from his family and his death "left a void that will never be filled". Ms Turvey said Cassius's killers had "glorified" their crimes and thrust the innocent children who were with him into a "world of pain and fear". "The physical and emotional scars they bear are a testament to the cruelty they have endured," she told the court on Thursday. The impact of the killers' "heinous acts" also extended beyond their immediate victims, she said. "Families are left devastated, grappling with the unimaginable pain of seeing their loved ones suffer," she said. The community "now lives under a shadow of fear and uncertainty" after Cassius and the other children were racially vilified, confronted, chased and attacked, Ms Turvey added. "That's the truth. If anyone thinks their actions were not racially motivated, many Australians would be left scratching their head," she said in a victim impact statement. "The actions of the accused have torn at the very fabric of our society, leaving wounds that will take years, decades, if not lifetimes, to heal and recover. "This indiscriminate targeting has left fear for the safety of all children." Ms Turvey said Cassius was well-respected by his peers and a leader who was about to start his first job at Kmart, and no words could fully capture the devastation of losing someone you loved to violence. "Cassius was not just part of my life," she said. "He was my future, my family, my home. The day he was taken from us is the day my world shattered." The trial heard Brearley delivered the fatal blows while "hunting for kids" because somebody had smashed his car windows. It was alleged Forth and Palmer aided him in the common purpose, along with Aleesha Louise Gilmore, 23, who was acquitted of a murder charge. The attack on Cassius followed a complex series of events that started on October 9 when Forth, Brearley, Gilmore and another man who was tried on lesser charges, Ethan Robert MacKenzie, 21, allegedly "snatched two kids off the street" before punching, kicking and stabbing one of them. Four days later, Brearley and his co-accused allegedly armed themselves with metal poles pulled from shopping trolleys before climbing into Palmer's ute and driving off to search for some youths. About the same time, Cassius and a group of about 20 fellow students caught a bus to the same area to watch a fight being talked about on social media. Brearley, Forth and Palmer intercepted them near the field, and Cassius and some other "terrified school kids" fled into nearby bushland. It was there that Brearley caught up with him, the trial heard, before the teen was knocked to the ground and hit in the head with a metal pole. Cassius was struck at least twice, the impact splitting his ear in half and causing bleeding in his brain. All told, the five defendants variously faced 21 charges over the events of October 9 and 13. The jury found them guilty of all except Gilmore's murder charge and a theft charge faced by Brearley. 13YARN 13 92 76 Lifeline 13 11 14 The murder of an Indigenous teenager who was chased into bushland and beaten with a metal pole during a heinous racist attack has shattered lives and left a community living in fear, his heartbroken mother says Cassius Turvey, a Noongar Yamatji boy, died in hospital 10 days after he was deliberately struck to the head in Perth's eastern suburbs on October 13, 2022. Jack Steven James Brearley, 24, and Brodie Lee Palmer, 30, were convicted in May of murdering the 15-year-old after a mammoth 12-week trial. Mitchell Colin Forth, 27, who was also on trial in the West Australian Supreme Court for Cassius' murder, was found guilty of manslaughter. The victim's mother, Mechelle Turvey, told a two-day sentencing hearing her son was a gentle giant who was unjustly taken from his family and his death "left a void that will never be filled". Ms Turvey said Cassius's killers had "glorified" their crimes and thrust the innocent children who were with him into a "world of pain and fear". "The physical and emotional scars they bear are a testament to the cruelty they have endured," she told the court on Thursday. The impact of the killers' "heinous acts" also extended beyond their immediate victims, she said. "Families are left devastated, grappling with the unimaginable pain of seeing their loved ones suffer," she said. The community "now lives under a shadow of fear and uncertainty" after Cassius and the other children were racially vilified, confronted, chased and attacked, Ms Turvey added. "That's the truth. If anyone thinks their actions were not racially motivated, many Australians would be left scratching their head," she said in a victim impact statement. "The actions of the accused have torn at the very fabric of our society, leaving wounds that will take years, decades, if not lifetimes, to heal and recover. "This indiscriminate targeting has left fear for the safety of all children." Ms Turvey said Cassius was well-respected by his peers and a leader who was about to start his first job at Kmart, and no words could fully capture the devastation of losing someone you loved to violence. "Cassius was not just part of my life," she said. "He was my future, my family, my home. The day he was taken from us is the day my world shattered." The trial heard Brearley delivered the fatal blows while "hunting for kids" because somebody had smashed his car windows. It was alleged Forth and Palmer aided him in the common purpose, along with Aleesha Louise Gilmore, 23, who was acquitted of a murder charge. The attack on Cassius followed a complex series of events that started on October 9 when Forth, Brearley, Gilmore and another man who was tried on lesser charges, Ethan Robert MacKenzie, 21, allegedly "snatched two kids off the street" before punching, kicking and stabbing one of them. Four days later, Brearley and his co-accused allegedly armed themselves with metal poles pulled from shopping trolleys before climbing into Palmer's ute and driving off to search for some youths. About the same time, Cassius and a group of about 20 fellow students caught a bus to the same area to watch a fight being talked about on social media. Brearley, Forth and Palmer intercepted them near the field, and Cassius and some other "terrified school kids" fled into nearby bushland. It was there that Brearley caught up with him, the trial heard, before the teen was knocked to the ground and hit in the head with a metal pole. Cassius was struck at least twice, the impact splitting his ear in half and causing bleeding in his brain. All told, the five defendants variously faced 21 charges over the events of October 9 and 13. The jury found them guilty of all except Gilmore's murder charge and a theft charge faced by Brearley. 13YARN 13 92 76 Lifeline 13 11 14 The murder of an Indigenous teenager who was chased into bushland and beaten with a metal pole during a heinous racist attack has shattered lives and left a community living in fear, his heartbroken mother says Cassius Turvey, a Noongar Yamatji boy, died in hospital 10 days after he was deliberately struck to the head in Perth's eastern suburbs on October 13, 2022. Jack Steven James Brearley, 24, and Brodie Lee Palmer, 30, were convicted in May of murdering the 15-year-old after a mammoth 12-week trial. Mitchell Colin Forth, 27, who was also on trial in the West Australian Supreme Court for Cassius' murder, was found guilty of manslaughter. The victim's mother, Mechelle Turvey, told a two-day sentencing hearing her son was a gentle giant who was unjustly taken from his family and his death "left a void that will never be filled". Ms Turvey said Cassius's killers had "glorified" their crimes and thrust the innocent children who were with him into a "world of pain and fear". "The physical and emotional scars they bear are a testament to the cruelty they have endured," she told the court on Thursday. The impact of the killers' "heinous acts" also extended beyond their immediate victims, she said. "Families are left devastated, grappling with the unimaginable pain of seeing their loved ones suffer," she said. The community "now lives under a shadow of fear and uncertainty" after Cassius and the other children were racially vilified, confronted, chased and attacked, Ms Turvey added. "That's the truth. If anyone thinks their actions were not racially motivated, many Australians would be left scratching their head," she said in a victim impact statement. "The actions of the accused have torn at the very fabric of our society, leaving wounds that will take years, decades, if not lifetimes, to heal and recover. "This indiscriminate targeting has left fear for the safety of all children." Ms Turvey said Cassius was well-respected by his peers and a leader who was about to start his first job at Kmart, and no words could fully capture the devastation of losing someone you loved to violence. "Cassius was not just part of my life," she said. "He was my future, my family, my home. The day he was taken from us is the day my world shattered." The trial heard Brearley delivered the fatal blows while "hunting for kids" because somebody had smashed his car windows. It was alleged Forth and Palmer aided him in the common purpose, along with Aleesha Louise Gilmore, 23, who was acquitted of a murder charge. The attack on Cassius followed a complex series of events that started on October 9 when Forth, Brearley, Gilmore and another man who was tried on lesser charges, Ethan Robert MacKenzie, 21, allegedly "snatched two kids off the street" before punching, kicking and stabbing one of them. Four days later, Brearley and his co-accused allegedly armed themselves with metal poles pulled from shopping trolleys before climbing into Palmer's ute and driving off to search for some youths. About the same time, Cassius and a group of about 20 fellow students caught a bus to the same area to watch a fight being talked about on social media. Brearley, Forth and Palmer intercepted them near the field, and Cassius and some other "terrified school kids" fled into nearby bushland. It was there that Brearley caught up with him, the trial heard, before the teen was knocked to the ground and hit in the head with a metal pole. Cassius was struck at least twice, the impact splitting his ear in half and causing bleeding in his brain. All told, the five defendants variously faced 21 charges over the events of October 9 and 13. The jury found them guilty of all except Gilmore's murder charge and a theft charge faced by Brearley. 13YARN 13 92 76 Lifeline 13 11 14
The Advertiser
2 hours ago
- The Advertiser
Mushroom jury told to 'disregard' kids leftovers claims
A judge has urged jurors to "disregard" prosecution claims that Erin Patterson's children would have become sick from eating meat leftover from toxic beef Wellingtons. Patterson, 50, has claimed she scraped off the mushroom paste and pastry from individual beef Wellington leftovers and served the meat to her two kids the next day. But prosecutor Nanette Rogers SC argued in her closing address that the accused triple-murderer had lied about this "to help cover her tracks". "The only reason the accused would tell such a lie was because she knew she had included death cap mushrooms in the beef Wellingtons, eaten by the lunch guests," she said. "And thought that if she said she had also fed it to her children, it would deflect any suspicion that she deliberately did so. "People would more readily believe that this was all a shocking accident if she'd given the same food to her beloved children." The two Patterson children were assessed at hospital after eating the leftovers but did not become sick or suffer any poisoning symptoms. Dr Rogers argued the evidence "strongly suggests" that if the children had eaten the leftover meat they would have "at least experienced some symptoms". However, Justice Christopher Beale on Thursday told the jury there was no expert evidence during the trial to test whether the children would have suffered any symptoms. "You have no evidence as to whether that would be the case and so I direct you to disregard that argument," he said. "You would be speculating if you were to go down that path." The triple-murder trial, which began at the end of April, has reached week nine in the regional Victorian town of Morwell. Patterson, 50 has pleaded not guilty to three murders and one attempted murder over serving her estranged husband's family death cap mushroom-laced beef Wellingtons. Her former in-laws, Don and Gail Patterson, 70, and Gail's sister Heather Wilkinson, 66, all died in hospital days after eating the lunch prepared by Patterson on July 29, 2023. Heather's husband Ian Wilkinson became unwell but was the only lunch guest to survive. Patterson claims the lunch was a terrible accident and she did not intend to poison her guests. Earlier, the judge informed jurors they would not be sent away to deliberate until Monday, bringing the trial into week 10. "We will be stopping, as we normally do, at one-o'clock tomorrow," Justice Beale said on Thursday morning. "You'll be able to go home for the weekend. "I'll be completing my charge prior to lunchtime on Monday, at which point we'll have the ballot and away you go, so to speak." Fourteen jurors will be balloted down to 12, who will be tasked with deciding whether Patterson is guilty or not guilty of each of the charges. The judge reminded the jury that they will be sequestered at the end of each day during their deliberations. The trial will resume on Friday, when Justice Beale will continue to summarise the case and explain legal directions, known as the charge. A judge has urged jurors to "disregard" prosecution claims that Erin Patterson's children would have become sick from eating meat leftover from toxic beef Wellingtons. Patterson, 50, has claimed she scraped off the mushroom paste and pastry from individual beef Wellington leftovers and served the meat to her two kids the next day. But prosecutor Nanette Rogers SC argued in her closing address that the accused triple-murderer had lied about this "to help cover her tracks". "The only reason the accused would tell such a lie was because she knew she had included death cap mushrooms in the beef Wellingtons, eaten by the lunch guests," she said. "And thought that if she said she had also fed it to her children, it would deflect any suspicion that she deliberately did so. "People would more readily believe that this was all a shocking accident if she'd given the same food to her beloved children." The two Patterson children were assessed at hospital after eating the leftovers but did not become sick or suffer any poisoning symptoms. Dr Rogers argued the evidence "strongly suggests" that if the children had eaten the leftover meat they would have "at least experienced some symptoms". However, Justice Christopher Beale on Thursday told the jury there was no expert evidence during the trial to test whether the children would have suffered any symptoms. "You have no evidence as to whether that would be the case and so I direct you to disregard that argument," he said. "You would be speculating if you were to go down that path." The triple-murder trial, which began at the end of April, has reached week nine in the regional Victorian town of Morwell. Patterson, 50 has pleaded not guilty to three murders and one attempted murder over serving her estranged husband's family death cap mushroom-laced beef Wellingtons. Her former in-laws, Don and Gail Patterson, 70, and Gail's sister Heather Wilkinson, 66, all died in hospital days after eating the lunch prepared by Patterson on July 29, 2023. Heather's husband Ian Wilkinson became unwell but was the only lunch guest to survive. Patterson claims the lunch was a terrible accident and she did not intend to poison her guests. Earlier, the judge informed jurors they would not be sent away to deliberate until Monday, bringing the trial into week 10. "We will be stopping, as we normally do, at one-o'clock tomorrow," Justice Beale said on Thursday morning. "You'll be able to go home for the weekend. "I'll be completing my charge prior to lunchtime on Monday, at which point we'll have the ballot and away you go, so to speak." Fourteen jurors will be balloted down to 12, who will be tasked with deciding whether Patterson is guilty or not guilty of each of the charges. The judge reminded the jury that they will be sequestered at the end of each day during their deliberations. The trial will resume on Friday, when Justice Beale will continue to summarise the case and explain legal directions, known as the charge. A judge has urged jurors to "disregard" prosecution claims that Erin Patterson's children would have become sick from eating meat leftover from toxic beef Wellingtons. Patterson, 50, has claimed she scraped off the mushroom paste and pastry from individual beef Wellington leftovers and served the meat to her two kids the next day. But prosecutor Nanette Rogers SC argued in her closing address that the accused triple-murderer had lied about this "to help cover her tracks". "The only reason the accused would tell such a lie was because she knew she had included death cap mushrooms in the beef Wellingtons, eaten by the lunch guests," she said. "And thought that if she said she had also fed it to her children, it would deflect any suspicion that she deliberately did so. "People would more readily believe that this was all a shocking accident if she'd given the same food to her beloved children." The two Patterson children were assessed at hospital after eating the leftovers but did not become sick or suffer any poisoning symptoms. Dr Rogers argued the evidence "strongly suggests" that if the children had eaten the leftover meat they would have "at least experienced some symptoms". However, Justice Christopher Beale on Thursday told the jury there was no expert evidence during the trial to test whether the children would have suffered any symptoms. "You have no evidence as to whether that would be the case and so I direct you to disregard that argument," he said. "You would be speculating if you were to go down that path." The triple-murder trial, which began at the end of April, has reached week nine in the regional Victorian town of Morwell. Patterson, 50 has pleaded not guilty to three murders and one attempted murder over serving her estranged husband's family death cap mushroom-laced beef Wellingtons. Her former in-laws, Don and Gail Patterson, 70, and Gail's sister Heather Wilkinson, 66, all died in hospital days after eating the lunch prepared by Patterson on July 29, 2023. Heather's husband Ian Wilkinson became unwell but was the only lunch guest to survive. Patterson claims the lunch was a terrible accident and she did not intend to poison her guests. Earlier, the judge informed jurors they would not be sent away to deliberate until Monday, bringing the trial into week 10. "We will be stopping, as we normally do, at one-o'clock tomorrow," Justice Beale said on Thursday morning. "You'll be able to go home for the weekend. "I'll be completing my charge prior to lunchtime on Monday, at which point we'll have the ballot and away you go, so to speak." Fourteen jurors will be balloted down to 12, who will be tasked with deciding whether Patterson is guilty or not guilty of each of the charges. The judge reminded the jury that they will be sequestered at the end of each day during their deliberations. The trial will resume on Friday, when Justice Beale will continue to summarise the case and explain legal directions, known as the charge. A judge has urged jurors to "disregard" prosecution claims that Erin Patterson's children would have become sick from eating meat leftover from toxic beef Wellingtons. Patterson, 50, has claimed she scraped off the mushroom paste and pastry from individual beef Wellington leftovers and served the meat to her two kids the next day. But prosecutor Nanette Rogers SC argued in her closing address that the accused triple-murderer had lied about this "to help cover her tracks". "The only reason the accused would tell such a lie was because she knew she had included death cap mushrooms in the beef Wellingtons, eaten by the lunch guests," she said. "And thought that if she said she had also fed it to her children, it would deflect any suspicion that she deliberately did so. "People would more readily believe that this was all a shocking accident if she'd given the same food to her beloved children." The two Patterson children were assessed at hospital after eating the leftovers but did not become sick or suffer any poisoning symptoms. Dr Rogers argued the evidence "strongly suggests" that if the children had eaten the leftover meat they would have "at least experienced some symptoms". However, Justice Christopher Beale on Thursday told the jury there was no expert evidence during the trial to test whether the children would have suffered any symptoms. "You have no evidence as to whether that would be the case and so I direct you to disregard that argument," he said. "You would be speculating if you were to go down that path." The triple-murder trial, which began at the end of April, has reached week nine in the regional Victorian town of Morwell. Patterson, 50 has pleaded not guilty to three murders and one attempted murder over serving her estranged husband's family death cap mushroom-laced beef Wellingtons. Her former in-laws, Don and Gail Patterson, 70, and Gail's sister Heather Wilkinson, 66, all died in hospital days after eating the lunch prepared by Patterson on July 29, 2023. Heather's husband Ian Wilkinson became unwell but was the only lunch guest to survive. Patterson claims the lunch was a terrible accident and she did not intend to poison her guests. Earlier, the judge informed jurors they would not be sent away to deliberate until Monday, bringing the trial into week 10. "We will be stopping, as we normally do, at one-o'clock tomorrow," Justice Beale said on Thursday morning. "You'll be able to go home for the weekend. "I'll be completing my charge prior to lunchtime on Monday, at which point we'll have the ballot and away you go, so to speak." Fourteen jurors will be balloted down to 12, who will be tasked with deciding whether Patterson is guilty or not guilty of each of the charges. The judge reminded the jury that they will be sequestered at the end of each day during their deliberations. The trial will resume on Friday, when Justice Beale will continue to summarise the case and explain legal directions, known as the charge.
