COR 2014 4052 FINDING INTO DEATH with INQUEST Form 37
Total Page：16
File Type：pdf, Size：1020Kb
IN THE CORONERS COURT OF VICTORIA AT MELBOURNE Court Reference: COR 2014 4052 FINDING INTO DEATH WITH INQUEST Form 37 Rule 60(1) Section 67 of the Coroners Act 2008 Findings of: JUDGE SARA HINCHEY, STATE CORONER Deceased: PATRICIA MARGARET BUSBY Hearing date: 9 March 2017 Delivered on: 9 March 2017 Delivered at: Coroners Court of Victoria, 65 Kavanagh Street, Southbank Representation: Nil Counsel assisting the Coroner: Jodie Burns, Senior Legal Counsel Catchwords: Homicide; no person charged with an indictable offence in respect of a reportable death; mandatory inquest; family violence using a firearm TABLE OF CONTENTS Background 1 The purpose of a coronial investigation 3 Matters in relation to which a finding must, if possible, be made - Identity of the deceased pursuant to section 67(1)(a) of the Coroners Act 5 2008 - Medical cause of death pursuant to section 67(1)(b) of the Coroners Act 5 2008 - Circumstances in which the death occurred pursuant to section 67(1)(c) 5 of the Coroners Act 2008 Comments pursuant to Section 67(3) of the Coroners Act 2008 10 Findings and conclusion 13 HER HONOUR: BACKGROUND 1 Patricia Margaret Busby (Ms Busby) was born in Warracknabeal, on 26 March 1973. At the time of her death, Ms Busby was 41 years old, lived in a rented house in Pental Island with her 14 year old daughter and worked as a domestic support worker in the Swan Hill area. 2 Ms Busby separated from her first husband (Mr Busby), and her daughter’s father, in mid- 2000. Mr Busby was a citizen of the United States of America (USA). Mr and Ms Busby married in the USA and their daughter was born there. 3 In the years following her separation and return to Australia, Ms Busby and her daughter moved around frequently, before settling in the Swan Hill area in 2008. Ms Busby maintained a close circle of friends and family, by whom she was warmly regarded and with whom she was in frequent contact. 4 Gregory Murray (Mr Murray) was born in Kerang on 26 July 1972 and was 42 years old at the time of his death. He lived alone in a house owned by, and located on, his parents’ dairy farm in Murrabit. Mr Murray was trained as a fitter and turner. However, for approximately two years before his death he had worked on the property, employed by the family farming business. 5 Mr Murray had three children, aged between 9 and 14, to a former spouse (Mr Murray’s former wife). The children lived with their mother, and her current husband, in nearby Kerang. The relationship between Mr Murray, his former wife and her new husband was tense.1 Mr Murray’s former wife reported that there had been an incident involving family violence prior to her separation from Mr Murray in 2007, when Mr Murray had hit her causing significant bruising and threw one of their daughters across the room. These assaults were not reported to police. 6 Following Mr Murray’s separation from his former wife, Mr Murray had limited contacted with his two daughters who were reported to be reluctant to spend time with him.2 Until a few months before his death, Mr Murray saw his youngest child, a son, more regularly. However, the frequency of these visits had begun to decrease as Mr Murray’s son was not keen to go to 1 Coronial Brief, pp. 44 – 45; 50 – 51; 75. 2 Coronial Brief, pp. 45; 50 – 51; 57; 75. Page 1 the farm and also due to the fact that Mr Murray was often working.3 Mr Murray’s relationship with his children was a source of discontent for him. 7 In December 2012, Mr Murray and Ms Busby were introduced by a mutual friend. An intimate relationship commenced immediately and continued over the following years. The couple did not live together and maintained their respective residences, although they frequently spent evenings and weekends at each other’s house. Ms Busby’s daughter would often join her mother in visiting and staying overnight at Mr Murray’s property on the farm. Their friends and family were all aware of their relationship and they were regarded as a couple. 8 In May 2014, Mr Murray and Ms Busby separated for approximately two months. Evidence suggests that the separation was Ms Busby’s decision, and that the impetus for her decision was that Mr Murray was too obsessive and controlling. Ms Busby is reported to have wanted her independence.4 The evidence also indicates that Mr Murray struggled to accept the separation and was resolved to reunite with Ms Busby.5 There is no evidence, however, that Mr Murray used physical violence or made threats to harm either himself, Ms Busby or others at this or at any other point in the relationship. 9 After a period of approximately two months, the relationship between Ms Busby and Mr Murray recommenced. Mobile phone records indicate that Ms Busby, whatever her reservations about the relationship, was proactive and clear in expressing her desire to reunite with Mr Murray.6 Mobile phone records further confirm that the relationship appeared to have resumed on good terms. In the weeks preceding Ms Busby and Mr Murray’s deaths, they organised a weekend away together and had made a September booking at a boutique bed and breakfast for this purpose.7 10 On 11 July 2014, en route from his house to Pental Island to visit Ms Busby, Mr Murray was stopped by a police officer and ‘breath tested’. Mr Murray’s test revealed that he had a blood alcohol concentration of 0.102% and he was charged with exceeding the prescribed concentration of alcohol in his blood while driving a motor vehicle. Mr Murray was very concerned about the impact that losing his driver’s licence would have on his work and broader life. He was also fearful that, given his prior convictions for the same offence, he may be sentenced to a period of imprisonment. 3 Coronial Brief, p. 45. 4 Coronial Brief, pp. 86; 89 – 90. 5 Coronial Brief, pp. 86; 90. 6 Coronial Brief, Exhibit 2. 7 Coronial Brief, Exhibit 1. Page 2 11 Mr Murray’s level of concern was such that the police officer involved, with Mr Murray’s consent, made a formal referral for him to a counselling service.8 Mr Murray did not take up this offer when he was later contacted by the relevant community organisation. However, he took other steps to obtain legal advice and character references, via the assistance of the Northern District Community Health Service, in preparation for his court date. 12 Mr Murray also made arrangements with his family and Ms Busby to ensure he would be able to get to the shops and visit his children without his licence.9 13 On 19 July 2014, Mr Murray disclosed to a friend, while drinking alcohol, that he was feeling down having lost his licence and that he was thinking of hurting himself. In a later conversation with the same friend, Mr Murray’s mood appeared much improved. 14 There is no known evidence that Mr Murray had suicidal ideation or had made homicidal threats preceding him killing Ms Busby and himself. 15 At the time of Mr Murray’s death, the ‘drink driving’ charge had not been dealt with by the Court. However, the evidence reveals that Mr Murray was keen to resolve the matter as it was a source of stress and anxiety for him. THE PURPOSE OF A CORONIAL INVESTIGATION 16 Ms Busby’s death constituted a ‘reportable death’ under the Coroners Act 2008 (Vic) (the Act), as her death occurred in Victoria, and was violent, unexpected and not from natural causes.10 17 The jurisdiction of the Coroners Court of Victoria is inquisitorial11. The purpose of a coronial investigation is independently to investigate a reportable death to ascertain, if possible, the identity of the deceased person, the cause of death and the circumstances in which death occurred. 18 It is not the role of the coroner to lay or apportion blame, but to establish the facts.12 It is not the coroner’s role to determine criminal or civil liability arising from the death under investigation, or to determine disciplinary matters. 8 Coronial Brief, pp. 104 – 105. 9 Coronial Brief, p. 106. 10 Section 4 Coroners Act 2008. 11 Section 89(4) Coroners Act 2008. 12 Keown v Khan (1999) 1 VR 69. Page 3 19 The term “cause of death” refers to the medical cause of death, incorporating where possible, the mode or mechanism of death. 20 For coronial purposes, the circumstances in which death occurred refers to the context or background and surrounding circumstances of the death. Rather than being a consideration of all circumstances which might form part of a narrative culminating in the death, it is confined to those circumstances which are sufficiently proximate and causally relevant to the death. 21 The broader purpose of coronial investigations is to contribute to a reduction in the number of preventable deaths, both through the observations made in the investigation findings and by the making of recommendations by coroners. This is generally referred to as the ‘prevention’ role. 22 Coroners are also empowered: (a) to report to the Attorney-General on a death; (b) to comment on any matter connected with the death they have investigated, including matters of public health or safety and the administration of justice; and (c) to make recommendations to any Minister or public statutory authority on any matter connected with the death, including public health or safety or the administration of justice.