ID :
131892
Thu, 07/08/2010 - 06:45
Auther :
Shortlink :
http://m.oananews.org//node/131892
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Convicted killer denied bail
Supporters of a young man who died after being run over by a love rival cheered and
hugged outside court when his convicted killer was refused bail.
Leon Borthwick drove a van onto the wrong side of the road, hitting Mark Zimmer and
leaving him to die from head injuries.
Two days after a jury cleared him of murder but found him guilty of manslaughter,
Borthwick, 20, applied for bail in the Victorian Supreme Court.
But the request was refused on Wednesday by Justice Paul Coghlan, who labelled it
"quite exceptional".
The judge said he didn't know of any other case where a convicted person due to face
a lengthy jail term sought bail.
"It may be fortunate that I won't be the sentencing judge," he added.
Defence barrister Carmen Randazzo, SC, said her client was young, vulnerable and
impressionable.
She highlighted his youth and lack of prior convictions and said he may be suitable
to be sentenced to a youth prison.
But crown prosecutor Peter Rose, SC, said Borthwick would receive a jail term of
more than three years, putting a youth justice detention order out of reach.
Mr Rose said it was not an appropriate case to grant bail.
Justice Coghlan denied bail.
"I'm satisfied that it would not be desirable or in the public interest to release
the accused pending sentencing," he said.
Outside court, Mr Zimmer's supporters hugged and cheered.
Mr Zimmer's father Christian said the decision had helped with the grieving process.
"We're just so happy that this bail application has been denied," he told reporters.
"Finally the judge has ruled in the interests of the public and the victims.
"I also heard the judge say in this case he expects a substantial sentence, and I
hope we get that."
The court heard Borthwick had spent 15 months in adult custody after his bail was
revoked because he had contact with a crown witness.
The witness was Nicola Martin, Borthwick's ex girlfriend, whom the jury heard he was
obsessed with.
The jury was told Ms Martin began seeing Mr Zimmer, 19, after the pair broke up and
a jealous Borthwick threatened Mr Zimmer to stay away from her, before running him
down in Melbourne's southeast in 2008.
Borthwick, of Narre Warren South, pleaded not guilty to murder, claiming the killing
was an accident.
He'll be sentenced at a date to be fixed.
hugged outside court when his convicted killer was refused bail.
Leon Borthwick drove a van onto the wrong side of the road, hitting Mark Zimmer and
leaving him to die from head injuries.
Two days after a jury cleared him of murder but found him guilty of manslaughter,
Borthwick, 20, applied for bail in the Victorian Supreme Court.
But the request was refused on Wednesday by Justice Paul Coghlan, who labelled it
"quite exceptional".
The judge said he didn't know of any other case where a convicted person due to face
a lengthy jail term sought bail.
"It may be fortunate that I won't be the sentencing judge," he added.
Defence barrister Carmen Randazzo, SC, said her client was young, vulnerable and
impressionable.
She highlighted his youth and lack of prior convictions and said he may be suitable
to be sentenced to a youth prison.
But crown prosecutor Peter Rose, SC, said Borthwick would receive a jail term of
more than three years, putting a youth justice detention order out of reach.
Mr Rose said it was not an appropriate case to grant bail.
Justice Coghlan denied bail.
"I'm satisfied that it would not be desirable or in the public interest to release
the accused pending sentencing," he said.
Outside court, Mr Zimmer's supporters hugged and cheered.
Mr Zimmer's father Christian said the decision had helped with the grieving process.
"We're just so happy that this bail application has been denied," he told reporters.
"Finally the judge has ruled in the interests of the public and the victims.
"I also heard the judge say in this case he expects a substantial sentence, and I
hope we get that."
The court heard Borthwick had spent 15 months in adult custody after his bail was
revoked because he had contact with a crown witness.
The witness was Nicola Martin, Borthwick's ex girlfriend, whom the jury heard he was
obsessed with.
The jury was told Ms Martin began seeing Mr Zimmer, 19, after the pair broke up and
a jealous Borthwick threatened Mr Zimmer to stay away from her, before running him
down in Melbourne's southeast in 2008.
Borthwick, of Narre Warren South, pleaded not guilty to murder, claiming the killing
was an accident.
He'll be sentenced at a date to be fixed.
