The case against David Harold Eastman Unravelling a web of hatred On November 3,1995 David Harold Eastman was found guilty of the 1989 murder of AFP Assistant Commissioner Colin Winchester. The following day, The Canberra Times published this article by Roderick Campbell who had been reporting on the case from the time of the murder. he prosecution case can he compartmentalised ______ conveniently under the headings: motive, Eastman and firearms, the scientific evidence, the threats, sightings, and the tapes. The prosecutor, Michael Adams QC, sought to draw much of the ma:erial together in what he described as the “coincidental approach” to assessing evidence. His remarks on this point follow the relatively brief summation of the key evidence which follows. Mrs Gwen Winchester leaves the court with her son Peter and daughter Jenny Spence after David Eastman was pronounced guilty. Photo hy Richard Briggs — Canberra Times Motive Although motive is not a necessary yet to achieve his ultimate goal of he had encountered in years gone by, element of the crime ot murder, the reinstatement in the Public Service. Trevor Coutts, had improperly prosecution sought to demonstrate Then, on December 17, 1987, he influenced the investigation. that Eastman’s motive for killing got involved in a fracas with a A week later Eastman wrote to his Winchester had its roots in his hatred neighbour, Andrew Russo, over the German penfriend, Irene Finke, that for those in the Public Service and the inconsequential issue of parking. he wanted to kill Russo, Russo’s wit­ polite whom he thought responsible Blows were exchanged and both men nesses and “the bastard police”. In the for the injustices he had suffered. were injured. Russo took himself off to same letter he wrote, “I sympathise By late 1987, Eastman had been hospital, while Eastman went to the with men who kill hundreds, thou­ campaigning on several fronts for a police. A short while later, Eastman sands, millions”, a remark the prose­ decade against the Public Service. He was charged. He was outraged, and cution said demonstrated the depth of had had one or two successes but had became convinced that a police officer his hatred. No. 49 - December 1995 11 REVIEW Throughout 1988, Eastman Firearms continued his tight to gain a medical The Crown alleged that clearance to rejoin the Public Service. Winchester was shot with PMC-brand He also embarked on a determined ammunition which was fired from a campaign to convince police that he .22 calibre Ruger, 10/22 semi­ had been wrongly charged and that it automatic rifle fitted with a silencer. was Russo, who had been the It was alleged that the murder instigator of the fracas. The weapon was sold by the late Louis prosecution argued that Eastman was Klarenbeek, of Queanbeyan, on or fearful that an assault conviction about December 31, 1988 to a man would seriously harm his employment who had not wanted to buy a prospects. Eastman denied this. He telescopic sight. The rifle had been said he never thought a minor assault threaded for a silencer and Klarenbeek charge would pose much of a problem. had a number of these for sale at that The Crown case was that the two time. threads - the hoped-for Public Service Eastman bought a Stirling rifle job and the Russo assault charge fitted with a telescopic sight from merged in December 1988. On Geoffrey Bradshaw on February 10, December 16, a decision was made 1988. He returned the gun, but not that Eastman was fit to re-enter the the sight, later in the day. He said he Assistant Commissioner Colin Winchester Service. On the same day, Eastman smashed the sight and threw it in a and shadow attorney-general Neil bin. At the time of the purchase, he Brown met Winchester to further had parked his car out of sight and pursue the Russo matter. On gave Bradshaw a false name and December 21, Eastman learned the address. outcome of both matters, one Three days later, he bought a Ruger favourable, one not. The Public rifle from James Lenaghan. He asked if Service had theoretically accepted he could buy it without a licence and him; Winchester had turned him again parked out of sight. Some time down. later - Eastman said it was one or two Further representations were made months later - he placed the Ruger by Brown to the then AFP and 46 rounds of Stinger ammunition, Commissioner Peter McAulay. both in a gunbag, in a drain under the Eastman was due to appear in court on Old Federal Highway. These were the assault charge on January 12, found by a member of the public on 1989. May 1 and handed to police. The Crown asserted that In June, Eastman negotiated to buy Commissioner McAulay’s advice that another Ruger. He later asked the he would not intervene in the assault owner, Scott Thompson, to sell him matter was received by Eastman on the gun in Queanbeyan. In November, January 10, the day of the murder. he made further inquiries about the Eastman disputed the suggestion same gun but did not buy it. that the outcome of the Winchester Eastman asserted that he had only representations were crucial to him. bought guns in early 1988 because he He knew police could not drop the had been in fear of the neighbour charge, and that only the Director of Russo. He went to great lengths to Public Prosecutions had the power. portray Russo as a “maniac”. Russo About a week before the murder, owned a shotgun and a truncheon and Eastman allegedly told Superintendent may have acquired a pistol, he said. Mick Craft that the police “executive” Once Russo had moved out of was corrupt and had a lot to answer Jerilderie Court his fears subsided and for. As he said this, he allegedly ges­ he disposed of his gun. He dumped it tured towards Winchester’s office. in a drain so it would rust and become Eastman and a friend, Bob Briton, unserviceable. asserted that the conversation with However, other incidents involving Craft took place in 1988, not early Russo later in the year rekindled his 1989. Both denied any gesturing or concerns and he made further reference to police corruption. inquiries about buying a weapon. But 12 Platypus Magazine REVIEW he did not actually purchase one. Eastman denied this incident. The prosecution said this explana­ On the night of Sunday, January 8 tion was a lie. It said Eastman had Anne Newcombe saw a car parked never been in fear of Russo, and had near the Winchester home. The not voiced his concerns to anyone. occupant, a male, apparently With one exception, he had been un­ attempted to conceal his face as she able to recall the later incidents which passed. She later recalled the number had ostensibly caused him to renew plate as YPQ 038. The car with that his hunt for a weapon. He had no le­ plate was not in Lawley Street that gitimate purpose for owning a gun night. The registration of Eastman’s other than to kill someone. car was YMP 028. The Sightings The Scientific Evidence On the morning of December 31, The experts were agreed that the Photo 1988 Ray Webb went to the Klarenbeek gun was the murder weap­ Klarenbeek residence to inspect rifles. on. Impressions left on the cartridge Times As he was leaving, he passed a man he cases found at the scene, recovered by later identified as Eastman in the yard. Klarenbeek from a quarry, and recov­ He did not see Eastman’s car. A blue ered from a reserve in Victoria where Canberra Japanese vehicle, similar in some a previous owner had fired the same Commander Ric Ninness respects to Eastman’s, was seen in a gun, all matched. nearby street that afternoon. A few Propellant residue from PMC chopped-disc particle which, it was days later, Klarenbeek apparently told ammunition was found in the boot of said, could only have come from the Webb that the purchaser of the Ruger Eastman’s car. Ammunition residues use of a silencer. had not wanted the telescopic sight. found in his car were said to be Webb took until October 1992 to indistinguishable from those at the The Threats come forward with his evidence that it murder scene. The prosecution produced evidence that in early 1988 Eastman was Eastman he had seen. His credi­ The prosecution said Klarenbeek told a member of the staff of then bility came under strong attack from had previously fired CCI and Stirling, Australian Democrats leader Senator Eastman’s counsel, both because of ammunition through his Ruger. Pro­ Janine Haines that he would have to the delay in coming forward and pellant residue consistent with CCI kill someone so people would see the because of his friendships with police and Stirling were found on Winches­ injustice which had been done to him. and the deceased’s brother. ter’s body, in his car and in Eastman’s A former neighbour, Donna Heritage, Eastman denied ever going to Mazda 626 sedan. Distinctive particles said that Eastman had spoken to her Klarenbeek’s or buying his gun. There found at the scene and in the Mazda in mid 1988 about the pending Russo was no direct evidence of Eastman ac­ were said to be the result of the use of assault case. He had been unhappy tually purchasing the Klarenbeek a silencer. that police had charged him and had weapon. Before he died, Klarenbeek During the trial, Eastman said that said it had been Russo’s fault, that the was shown photos of 12 men, if this material was in fact found in his police were corrupt and that if it was including Eastman, but was unable to car, he did not know where it came the last thing he did “he’d get back at recognise any of them.