Four men guilty of murdering refugee in drug robbery
The men had faced a retrial after the High Court overturned their convictions in the death of Urim Gjabri at his suburban rental property in Adelaide in 2018.
In the South Australian Supreme Court on Wednesday, Justice Julie McIntyre found Benjamin John Mitchell, Alfred Claude Rigney, Matt Bernard Tenhoopen and Aaron Donald Carver guilty of murder.
Mr Gjabri was discovered by a friend at his Para Vista home in a pool of dried blood.
The 46-year-old had been hit over the head at least once and possibly twice, and according to forensic evidence initially survived the attack.
Evidence suggested he had lived for at least another 35 minutes and possibly up to 24 hours.
On the crown case, each of the accused were party to a plan to commit a home invasion or robbery because they went to Mr Gjabri's home and emerged with his cannabis crop.
The court was told that police found the DNA of two of the accused inside the dead man's house.
They also found the DNA of a third defendant on the steering wheel of Mr Gjabri's car.
However, the prosecution could not say who actually killed the victim or how many blows he suffered.
The men were previously found guilty in 2020 and were each sentenced to at least 20 years' jail.
At the first trial, it was argued that as part of an extended joint criminal enterprise, each of the accused had foreseen that one of them might have perpetrated an intentional act of violence.
In such circumstances, the trial judge directed the jury that the prosecution could establish a pathway to murder.
However, the High Court quashed their convictions in 2023 after finding that such provisions could not be relied on and therefore the jury had not been properly instructed.
Justice McIntyre remanded the men in custody and ordered pre-sentencing reports.
They will return to court in August to start the sentencing process.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Perth Now
8 hours ago
- Perth Now
Teacher ‘dared' girls to kiss: court
The final arguments in the trial of a music teacher accused of sexually abusing a teen girl have circled around a movie night kiss captured in a photo booth and a series of emotionally charged emails. Janelle Colville Fletcher, 40, is contesting allegations that she groomed and sexually abused the underage girl some years ago and appeared again on Monday at the South Australian District Court before Judge Joanne Fuller. The prosecution, led by Chris Allen, allege Ms Fletcher abused the girl in various locations and also that she communicated with her and another teenage girl to make them amenable to sexual activity. Some of the alleged offending happened when the two girls and Ms Fletcher were alone together in a room, the prosecution said, with the teacher allegedly performing a lap dance on a chair. She then allegedly 'dared' the two girls to kiss each other and asked if they would 'date' each other. That same night, Mr Allen said, Ms Fletcher then spent time alone with one of the girls and touched her genital area. The alleged grooming and abuse of the girl then went on for months at various locations, the prosecution said, including the home of Ms Fletcher and in Ms Fletcher's car. Janelle Fletcher is contesting the allegation that she sexually abused a teen girl. NewsWire Credit: News Corp Australia Alongside oral evidence from the alleged victims, the prosecution presented a series of texts, emails and photographs to support its case, including a photo of Ms Fletcher and the girl kissing at a cinema photo booth. In his closing address, Mr Allen said the 'objective evidence' of the photo booth kiss showed an 'unlawful sexual act'. He argued further that the 'sheer volume' of photos of Ms Fletcher and the girl together suggested a sexual relationship. 'They look like girlfriends (in the photographs) … in a relationship between girlfriends,' Mr Allen said. In her testimony from last week, Ms Fletcher said the photo booth kiss was a 'pretend kiss' she did not want or mean to happen. 'It was meant to be a pretend kiss like we had done previously where our lips don't actually touch, and in that particular photo we got close and she did sort of pull me in and the photo went off, yeah,' Ms Fletcher said. There is dispute between the defence and prosecution about the correct sequence order of photos from the booth. The prosecution says the correct sequence runs from top to bottom in the order of one, two, three and then four. In 'photo 4', Ms Fletcher appears happy and the prosecution argues this shows she was happy to kiss the girl and not shocked or upset by it. Ms Fletcher and her defence team, led by Andrew Culshaw, claim that photo was taken before the kiss and should not be seen as approval of the act, with the correct sequence of photos running one, two, four and then three. Mr Culshaw also argued the photo did not show child sexual abuse because the girl had turned 17 at the time of the photo, and so she was therefore not a child when the kiss happened. The defence argued Ms Fletcher was also no longer in a position of authority at the time. 'What Your Honour has, in my submission, is evidence of a kiss at a time when it was legal,' Mr Culshaw said. The prosecution also argued that a series of emotionally expressive emails from Ms Fletcher to the girl revealed the 'true nature' of the relationship between them. In one email, Ms Fletcher told the girl 'I want something serious not something short term'. In others, she said 'my feelings for you are not lust but love' and 'right now, we can't be open. Right now we will have to continue as we are in secret …' Ms Fletcher holds a PhD in music education. NewsWire Credit: News Corp Australia Ms Fletcher had earlier argued the emails showed non-sexual 'love' for the girl, but Mr Allen dismissed that argument on Monday as 'absurd'. 'This is not 'I love you' in some sort of Catholic way,' Mr Allen said. Mr Culshaw, in his closing address, acknowledged under questioning from Judge Fuller that the emails appeared 'terrible' on a first or literal reading in that they seemed to suggest the pair had been in a sexual relationship. But he argued a deeper reading of the emails fit with Ms Fletcher's testimony. She claimed last week that they were written to keep the girl happy and guide her away to a more age-appropriate relationship. 'These emails are consistent with a relatively young teacher, in her early 30s, who had got herself in too deep … and so was trying to deal with the situation and extricate herself from it,' Mr Culshaw said. Ms Fletcher holds a PhD in music education. She told the court that she was heterosexual and believed in the Catholic faith. She was still legally married to a man, though the pair had separated, she told the court. The judge-alone trial continues.
West Australian
8 hours ago
- West Australian
Defence and prosecution deliver closing arguments in Janelle Fletcher child sexual abuse trial
The final arguments in the trial of a music teacher accused of sexually abusing a teen girl have circled around a movie night kiss captured in a photo booth and a series of emotionally charged emails. Janelle Colville Fletcher, 40, is contesting allegations that she groomed and sexually abused the underage girl some years ago and appeared again on Monday at the South Australian District Court before Judge Joanne Fuller. The prosecution, led by Chris Allen, allege Ms Fletcher abused the girl in various locations and also that she communicated with her and another teenage girl to make them amenable to sexual activity. Some of the alleged offending happened when the two girls and Ms Fletcher were alone together in a room, the prosecution said, with the teacher allegedly performing a lap dance on a chair. She then allegedly 'dared' the two girls to kiss each other and asked if they would 'date' each other. That same night, Mr Allen said, Ms Fletcher then spent time alone with one of the girls and touched her genital area. The alleged grooming and abuse of the girl then went on for months at various locations, the prosecution said, including the home of Ms Fletcher and in Ms Fletcher's car. Alongside oral evidence from the alleged victims, the prosecution presented a series of texts, emails and photographs to support its case, including a photo of Ms Fletcher and the girl kissing at a cinema photo booth. In his closing address, Mr Allen said the 'objective evidence' of the photo booth kiss showed an 'unlawful sexual act'. He argued further that the 'sheer volume' of photos of Ms Fletcher and the girl together suggested a sexual relationship. 'They look like girlfriends (in the photographs) … in a relationship between girlfriends,' Mr Allen said. In her testimony from last week, Ms Fletcher said the photo booth kiss was a 'pretend kiss' she did not want or mean to happen. 'It was meant to be a pretend kiss like we had done previously where our lips don't actually touch, and in that particular photo we got close and she did sort of pull me in and the photo went off, yeah,' Ms Fletcher said. There is dispute between the defence and prosecution about the correct sequence order of photos from the booth. The prosecution says the correct sequence runs from top to bottom in the order of one, two, three and then four. In 'photo 4', Ms Fletcher appears happy and the prosecution argues this shows she was happy to kiss the girl and not shocked or upset by it. Ms Fletcher and her defence team, led by Andrew Culshaw, claim that photo was taken before the kiss and should not be seen as approval of the act, with the correct sequence of photos running one, two, four and then three. Mr Culshaw also argued the photo did not show child sexual abuse because the girl had turned 17 at the time of the photo, and so she was therefore not a child when the kiss happened. The defence argued Ms Fletcher was also no longer in a position of authority at the time. 'What Your Honour has, in my submission, is evidence of a kiss at a time when it was legal,' Mr Culshaw said. The prosecution also argued that a series of emotionally expressive emails from Ms Fletcher to the girl revealed the 'true nature' of the relationship between them. In one email, Ms Fletcher told the girl 'I want something serious not something short term'. In others, she said 'my feelings for you are not lust but love' and 'right now, we can't be open. Right now we will have to continue as we are in secret …' Ms Fletcher had earlier argued the emails showed non-sexual 'love' for the girl, but Mr Allen dismissed that argument on Monday as 'absurd'. 'This is not 'I love you' in some sort of Catholic way,' Mr Allen said. Mr Culshaw, in his closing address, acknowledged under questioning from Judge Fuller that the emails appeared 'terrible' on a first or literal reading in that they seemed to suggest the pair had been in a sexual relationship. But he argued a deeper reading of the emails fit with Ms Fletcher's testimony. She claimed last week that they were written to keep the girl happy and guide her away to a more age-appropriate relationship. 'These emails are consistent with a relatively young teacher, in her early 30s, who had got herself in too deep … and so was trying to deal with the situation and extricate herself from it,' Mr Culshaw said. Ms Fletcher holds a PhD in music education. She told the court that she was heterosexual and believed in the Catholic faith. She was still legally married to a man, though the pair had separated, she told the court. The judge-alone trial continues.
The Advertiser
10 hours ago
- The Advertiser
Not guilty plea from Outback Wrangler after fatal crash
Three years after a fatal chopper crash, reality TV star Matt Wright has pleaded not guilty to attempting to pervert the course of justice. The reality TV star was charged following the crash that killed co-star Chris "Willow" Wilson in February 2022. Wearing a light blue shirt and blue jeans, Wright appeared calm when he faced the Supreme Court in Darwin on Monday. The court was silent before three counts of attempting to pervert the course of justice were read out for his arraignment and he pleaded not guilty to each charge. Mr Wilson's widow Dani Wilson sat on one side of the courtroom and Wright's supporters including his wife Kaia, who he kissed during an adjournment, were on the other side. The crash in remote West Arnhem Land in 2022 killed Mr Wilson, with pilot Sebastian Robinson seriously injured. Mr Wilson was hanging from a sling under the helicopter to collect crocodile eggs when the crash occurred. The trial before Acting Justice Allan Blow will begin after he hears legal arguments. A jury is set to be empanelled on Wednesday, with opening statements from the prosecution and defence to follow. The trial is expected to take up to four weeks and hear from about 25 witnesses. The charge of attempting to pervert the course of justice carries a maximum penalty of 15 years' jail in the NT. An Australian Transport Safety Bureau report into the 2022 accident found the chopper's engine stopped mid-flight because of a lack of fuel. Wright rose to fame starring in National Geographic's Outback Wrangler and Netflix series Wild Croc Territory. Three years after a fatal chopper crash, reality TV star Matt Wright has pleaded not guilty to attempting to pervert the course of justice. The reality TV star was charged following the crash that killed co-star Chris "Willow" Wilson in February 2022. Wearing a light blue shirt and blue jeans, Wright appeared calm when he faced the Supreme Court in Darwin on Monday. The court was silent before three counts of attempting to pervert the course of justice were read out for his arraignment and he pleaded not guilty to each charge. Mr Wilson's widow Dani Wilson sat on one side of the courtroom and Wright's supporters including his wife Kaia, who he kissed during an adjournment, were on the other side. The crash in remote West Arnhem Land in 2022 killed Mr Wilson, with pilot Sebastian Robinson seriously injured. Mr Wilson was hanging from a sling under the helicopter to collect crocodile eggs when the crash occurred. The trial before Acting Justice Allan Blow will begin after he hears legal arguments. A jury is set to be empanelled on Wednesday, with opening statements from the prosecution and defence to follow. The trial is expected to take up to four weeks and hear from about 25 witnesses. The charge of attempting to pervert the course of justice carries a maximum penalty of 15 years' jail in the NT. An Australian Transport Safety Bureau report into the 2022 accident found the chopper's engine stopped mid-flight because of a lack of fuel. Wright rose to fame starring in National Geographic's Outback Wrangler and Netflix series Wild Croc Territory. Three years after a fatal chopper crash, reality TV star Matt Wright has pleaded not guilty to attempting to pervert the course of justice. The reality TV star was charged following the crash that killed co-star Chris "Willow" Wilson in February 2022. Wearing a light blue shirt and blue jeans, Wright appeared calm when he faced the Supreme Court in Darwin on Monday. The court was silent before three counts of attempting to pervert the course of justice were read out for his arraignment and he pleaded not guilty to each charge. Mr Wilson's widow Dani Wilson sat on one side of the courtroom and Wright's supporters including his wife Kaia, who he kissed during an adjournment, were on the other side. The crash in remote West Arnhem Land in 2022 killed Mr Wilson, with pilot Sebastian Robinson seriously injured. Mr Wilson was hanging from a sling under the helicopter to collect crocodile eggs when the crash occurred. The trial before Acting Justice Allan Blow will begin after he hears legal arguments. A jury is set to be empanelled on Wednesday, with opening statements from the prosecution and defence to follow. The trial is expected to take up to four weeks and hear from about 25 witnesses. The charge of attempting to pervert the course of justice carries a maximum penalty of 15 years' jail in the NT. An Australian Transport Safety Bureau report into the 2022 accident found the chopper's engine stopped mid-flight because of a lack of fuel. Wright rose to fame starring in National Geographic's Outback Wrangler and Netflix series Wild Croc Territory. Three years after a fatal chopper crash, reality TV star Matt Wright has pleaded not guilty to attempting to pervert the course of justice. The reality TV star was charged following the crash that killed co-star Chris "Willow" Wilson in February 2022. Wearing a light blue shirt and blue jeans, Wright appeared calm when he faced the Supreme Court in Darwin on Monday. The court was silent before three counts of attempting to pervert the course of justice were read out for his arraignment and he pleaded not guilty to each charge. Mr Wilson's widow Dani Wilson sat on one side of the courtroom and Wright's supporters including his wife Kaia, who he kissed during an adjournment, were on the other side. The crash in remote West Arnhem Land in 2022 killed Mr Wilson, with pilot Sebastian Robinson seriously injured. Mr Wilson was hanging from a sling under the helicopter to collect crocodile eggs when the crash occurred. The trial before Acting Justice Allan Blow will begin after he hears legal arguments. A jury is set to be empanelled on Wednesday, with opening statements from the prosecution and defence to follow. The trial is expected to take up to four weeks and hear from about 25 witnesses. The charge of attempting to pervert the course of justice carries a maximum penalty of 15 years' jail in the NT. An Australian Transport Safety Bureau report into the 2022 accident found the chopper's engine stopped mid-flight because of a lack of fuel. Wright rose to fame starring in National Geographic's Outback Wrangler and Netflix series Wild Croc Territory.
