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 Case shows how hard it is to get murder conviction 

Case shows how hard it is to get murder conviction

8/08/2008 6:54:00 AM
Only one person knows what really happened on the night of December 21, 2005, in Titheradge Place, Chapman. And, as of yesterday, he is a free man. One other person also knew, but she is dead.

Murder is a notoriously difficult charge for police and prosecutors to get to stick in the ACT. Unlike all other Australian jurisdictions, here it is not enough to kill someone in the course of committing an offence, you have to ''intend'' to kill. That's the main reason why no one has been convicted of murder in Canberra for more than 10 years.

But with Glen Porritt's case, police and the prosecution had what seemed one of their best chances of breaking the drought. As police saw it, all the elements associated with murder were there: motive, premeditation, and behaviour associated with consciousness of guilt. Then there were the online chat-room discussions with his sisters eight months earlier, in which he said that his parents ''deserve to die'' and ''if it were not illegal I would stab them''.

Add to that what appeared to be a frenzied stabbing attack, a clumsy attempt to make it look like a burglary gone wrong (items were taken from the scene), and a suspect who could not be found, and a seemingly solid case began to build.

But the test for the prosecution is not to show that its version of events is more believable, but to show that it is true ''beyond all reasonable doubt''. When presented with a plausible, albeit unlikely alternative version, many a judge and jury has acquitted.

This, it seems, was the difference between Porritt facing a life sentence for murder and a significantly less penalty for manslaughter.

The judge-alone trial before Chief Justice Terence Higgins opened with William Dawe, QC, saying it would be the Crown's case that Porritt had, through his sister Amy, ascertained their mother would be home alone that night. He attended the house earlier that day on the pretext of returning a book to Amy, and then waited for his mother to return from work.

Armed with a kitchen knife, he stabbed and slashed her in the face, neck, chest, arms and back, inflicting 57 incised wounds. This was cold-blooded murder.

Porritt's version? He had gone back to the house on a whim, having returned to the suburb to go to a video store. After a year of not talking to his parents, he chose that day to demand they give him money to compensate him for his childhood suffering.

When Mrs Porritt asked him to leave the house, he refused. She grabbed a knife and ran upstairs to her bedroom to call police. He followed. She lunged at him with the knife, he wrestled it out of her hand. She blocked his path to the door. He told the trial, ''I panicked and I was just trying to frantically get out of the room and started flailing my fists at her, trying to sort of hit her and shove her out of the way.''

The only problem was that he was holding a knife.

He fled and walked to the Acton shores of Lake Burley Griffin, where he disposed of the stolen items and the knife and fell asleep for four or five days.

Did anyone see him lying there for days? We don't know. He wasn't pressed on details during his cross-examination.

Chief Justice Higgins said yesterday, ''I found the offender to be a truthful witness and I accept fully his account of how the death of his mother occurred''. Case closed.

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Comments


Perhaps 114 blows would prove intent.
Posted by Stephen on 8/08/2008 7:36:38 AM
So the judge found this guy to be a truthful witness. This is the guy who ran away twice to avoid questioning. He had enough time to come up with a story. He did not even attend his mother's funeral
Posted by sue on 8/08/2008 8:59:32 AM
If this is not murder, what the hell is???
Posted by Tania on 8/08/2008 9:02:16 AM
This is an outrageous outcome. This man brutally stabbed his mother until she was dead. At some point during the infliction of those 57 stab wounds time he must have realised that she might die - and yet he kept on going until she was dead. How on earth can anyone say it is not possible to say he had an intention to kill her. After less than 2 years this man is back on the streets. Life is cheap in Canberra and probably one of the only places in the world we we can get away with murder. In the last 10 years we have seen so many people killed at the hands of another, eg, Joe Cinque, a diplomat in a Kingston flat, a mother who had just won custody of her children from her violent husband, and yet no-one convicted of their murders despite admissions from or at least strong cases against the perpetrators. All those perpetrators now walk free, and we can add this surly mother slayer to the list.
Posted by Tess on 8/08/2008 9:45:52 AM
As far as it is tragic that a woman has died and that the ACT judicial system has not handed down a murder conviction in 10 years, I find your journalistic integrity starkly lacking. To claim that this crime was cold-blooded murder is a clear distortion of the facts. The general consensus among involved parties (both prosecution and defense) is that the attack was hot-blooded; you yourself used the phrase 'frenzied attack'. Further, the implication that a 'more believable' 'version of events' should provide the acid test for determining guilt is deplorable. In the future, I would (personally, at least) appreciate a little less hype and little more reporting.
Posted by Ryan Schipper on 8/08/2008 10:03:02 AM
Is this not a case where this damaged, emasculated man was about to be stabbed by his own mother who clearly hated him and had abused him during his life. His absence from the family showed his inability to cope with the pain of his mother's rejection and his final act of fury, although wrong, was probably his hope of an end to the pain for him. It takes 2 for a dispute to result in this outcome and his own family seem to be sympathetic towards him. It is all wrong. She has paid a terrible price for her abuse of her son.
Posted by Jude on 8/08/2008 10:30:19 AM
Abuse is no defence when you have the ability to remove yourself from that. I sympathise with people killing their abusers when they are powerless to leave, but this guy had lived away from home for a year. He had the freedom to leave, just as he should have done when his mother asked him to leave the house and then fled to her room for saftey. She obviously felt threatened to do this. And she blocked his way to the door? In trying to flee from him again? Question is, why was she so afraid? So afraid for her life that she fled desperate to get away from him? What had he displayed as his 'intent' to make her so afraid? Why did he follow her? Like Victor said, only two people know these things, and one of them is savagely dead.
Posted by Not God on 8/08/2008 11:10:30 AM
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