Wa proposes battered womens defence for murder case
By: John P. Aiken
Published: Friday, November 28, 2011
When a battered woman's husband strangles her, her legal team is ready to start her own defence that is guaranteed to earn a lot of money, thanks to the power of "battling words."
Battered woman says she was raped in cold blood by her husband's ex-lover
The legal team of a woman who was brutally murdered has been given two days by a Victoria Supreme Court judge to try to defend herself in connection with an alleged attack on the victim.
In her submission, a battered woman says her estranged husband — a convicted killer and sex offender — had taken a new, female partner.
The woman, in the meantime, had gone into debt to the ex-boyfriend, who had then dumped her when she fell ill, so she ended up with her former partner.
The wife wanted to defend herself against the alleged crime of assault after hearing reports of the assault, but the judge ruled that defence can only be allowed if the victim's surviving partner agrees.
The woman wanted to sue her ex-boyfriend, but said her ex-partner was unavailable to do so and could face a $5 million lawsuit from her.
She argued that her rights were threatened if her ex-partner sued.
The judge was also told to consider whether the woman was aware of what her husband did.
She would have to convince the judge to deny a new trial — but the woman's lawyers said if she lost she could still have damages.
Battered woman asks Supreme Court judge to make her life 'better'
The woman argued that her husband had been convicted of murder — a crime for which he has more than 20 years behind bars.
The victim, aged 23 at the time, told a jury of nine men and four women that she was struck from behind with an iron bar when her estranged partner beat her with a belt and knife in November 2003, in her native Melbourne's east and south-eastern suburbs.
Her husband, then 53, was charged with murdering her. He pleaded guilty to manslaughter and was sent to jail until the end of 2005 for four years.
During the trial, the court heard his lawyer asked the court "why is the victim's lawyer to be fighting so hard to defend that man to the death?"
The woman's lawyers said they were also not pleased with that part of the ruling, saying they had been "taken out of [this case] and then dragged out of here again" by the accused.
Battled women want to sue man for 바카라
his assault of women