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Benjamin Batterham found not guilty of murdering intruder in his Newcastle home | Benjamin Batterham found not guilty of murdering intruder in his Newcastle home |
(32 minutes later) | |
Supreme court jury accepted the apprentice chef’s claim he was making a citizen’s arrest of Ricky Slater | Supreme court jury accepted the apprentice chef’s claim he was making a citizen’s arrest of Ricky Slater |
A man has been found not guilty of murdering a burglar and convicted rapist he found inside his Newcastle home. | A man has been found not guilty of murdering a burglar and convicted rapist he found inside his Newcastle home. |
On Wednesday a Newcastle supreme court jury accepted Benjamin Batterham’s claim that he was making a citizen’s arrest in March 2016 when he chased Ricky Slater, tackled him, put him in a chokehold and repeatedly punched him in the head until police arrived. | On Wednesday a Newcastle supreme court jury accepted Benjamin Batterham’s claim that he was making a citizen’s arrest in March 2016 when he chased Ricky Slater, tackled him, put him in a chokehold and repeatedly punched him in the head until police arrived. |
The jury found Batterham, 35, who spent two months in prison after his arrest before being granted bail, not guilty of murder and the lesser charge of manslaughter. | The jury found Batterham, 35, who spent two months in prison after his arrest before being granted bail, not guilty of murder and the lesser charge of manslaughter. |
Slater – who had scarring to his heart because of regular drug use, suffered liver disease and was obese – suffered a cardiac arrest after the attack but was revived by paramedics. | Slater – who had scarring to his heart because of regular drug use, suffered liver disease and was obese – suffered a cardiac arrest after the attack but was revived by paramedics. |
He had another two cardiac arrests in hospital and died the next day. | He had another two cardiac arrests in hospital and died the next day. |
Throughout the trail the defence insisted that Batterham, an apprentice chef, had not intended to kill Slater or cause him serious harm. | Throughout the trail the defence insisted that Batterham, an apprentice chef, had not intended to kill Slater or cause him serious harm. |
Batterham smiled and nodded to the jury when the verdict was handed down. It had been deliberating since 1pm on Tuesday after a two-week trial. | Batterham smiled and nodded to the jury when the verdict was handed down. It had been deliberating since 1pm on Tuesday after a two-week trial. |
Slater’s mother, Beryl Dickson, walked out of the courtroom immediately after the verdict. | |
The defence barrister, Winston Terracini SC, had argued Batterham had every legal right to do what he did and there was no proof his actions had caused Slater’s death. | |
The only reason Batterham had chased and tackled Slater was because “the deceased man wanted to be a thief”, Terracini said, and had tried to run from Batterham to escape justice. | The only reason Batterham had chased and tackled Slater was because “the deceased man wanted to be a thief”, Terracini said, and had tried to run from Batterham to escape justice. |
At one stage during the eight-minute struggle, Slater bit Batterham on the hand, making the chef even more determined to hold him down until he could be arrested. | At one stage during the eight-minute struggle, Slater bit Batterham on the hand, making the chef even more determined to hold him down until he could be arrested. |
The crown prosecutor, Wayne Creasey SC, said Batterham was within his rights to chase and detain Slater but he went too far. | |
Creasey said Batterham was in a frenzy when threatening to kill Slater and ignored pleas from neighbours to release the burglar who was crying out that he could not breathe. | |
He said that if the jury did not find Batterham guilty of murder, he should be convicted of manslaughter because his actions had been dangerous and unlawful. | He said that if the jury did not find Batterham guilty of murder, he should be convicted of manslaughter because his actions had been dangerous and unlawful. |
Medical experts called to give evidence during the two-week trial had differing opinions on what caused Slater’s death. | Medical experts called to give evidence during the two-week trial had differing opinions on what caused Slater’s death. |
A clinical toxicologist, Dr Naren Gunja, told the jury he believed Slater, high on ice, had died of asphyxiation from being strangled. | |
But a forensic toxicologist and pharmacologist, Dr Michael Kennedy, disagreed, and said Slater suffered a heart attack due to the high level of methylamphetamine in his system and his existing heart condition. | |
Batterham was at home in the Newcastle suburb of Hamilton drinking with a friend when he saw Slater at the entrance to his seven-month-old daughter’s bedroom at 3.20am on 26 March 2016. Slater was carrying a shoulder bag containing three knives, cannabis and ice. Batterham’s partner and baby were not home. | |
The jury was not told during the trial about Slater’s lengthy criminal history, including his imprisonment for at least four years in 2009 for raping a teenage girl in south Tamworth. | The jury was not told during the trial about Slater’s lengthy criminal history, including his imprisonment for at least four years in 2009 for raping a teenage girl in south Tamworth. |
The 16-year-old girl had been expecting her former boyfriend to visit when she answered a knock at the door to find Slater standing there pantless on 6 June 2007. Slater pushed his way into the house and raped the girl, telling her he would stab her if she did not keep quiet. | |
He pleaded guilty to aggravated sexual intercourse without consent and was jailed for six years, with a minimum of four years. | He pleaded guilty to aggravated sexual intercourse without consent and was jailed for six years, with a minimum of four years. |
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