Tuesday 29 May 2012

why some people die.



The deceased was killed by a shot fired from the left-hand barrel of a gun which the petitioner was holding. 

His evidence was that he was cleaning the gun - not knowing that it was loaded nor having any explanation of how it might have come to be loaded - and that, as he had not applied pressure to the trigger deliberately, he must have done so accidentally in a manner which he could not explain. 

The deceased was shot in the left chest by a charge which entered her heart. 

The petitioner's evidence was that after the shooting he rang the telephone exchange at Echuca and called for an ambulance. 

The evidence of the telephonist at the Echuca Exchange was that the only call from the petitioner's number was at 1.15 p.m. and a woman's voice said "Get me the police please", and that as she was doing so the caller yelled "59 Mitchell Street". The telephone was hung up immediately. The telephonist after consulting her superior, telephoned the police and told them they were wanted at 59 Mitchell Street. 

The police arrived at 59 Mitchell Street about three minutes after the telephonist's call. In the meantime a policeman, Bickerton, called the petitioner's number. He gave evidence that as soon as the telephone was picked up a voice said "Help me. Help. For God's sake come quick. For God's sake come quick". He said "What address?"; the voice replied "59 Mitchell Street". 

When the police arrived the petitioner's wife was already dead and was lying upon the kitchen floor. 

When the police arrived at the house the petitioner was inside and a child was outside crying.

At the time of her death the deceased was more than eight months pregnant. 

The petitioner and a Mrs Kemp, who lived with her husband and children in Echuca, were in love with one another. Mrs Kemp had been pressing the petitioner to leave his wife and to go away with her. On the morning of the day of the shooting Mrs. Kemp had telephoned the petitioner telling him that at lunch time on that day she would leave her husband. The petitioner then visited her and endeavoured to persuade her not to leave home immediately but she had insisted that she would straight away put her house of the market. This she did later in the day. 

The petitioner told Mrs. Kemp that on the previous evening he had told his wife that he would leave her when the baby was born and that she had been distressed by this. The petitioner and Mrs. Kemp agreed that they would go away together after the birth of the deceased's baby. After this visit to Mrs. Kemp he returned to his home and had lunch with his wife and children. 

Between 1.09 p.m. and 1.12 p.m. the father of the petitioner was speaking to the petitioner upon the telephone from Melbourne and had a normal conversation with him. The father heard the voice of the deceased.

---Ratten v. R [1974] HCA 35



Murder? Or accidental death?

Will we ever know?

All I know is he betrayed his wife and children.

You can find the case here.

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