Faure and Chopper Read continued a lengthy
prison war while imprisoned in Melbourne's Pentridge Prison during
the 1970s and 1980s and Faure features prominently in Read's first
few books. Faure was also the basis for the character of Keithy
George in the film Chopper, who is stabbed to death in
the film's opening scenes. Faure, portrayed by actor David Field
was reported to be unhappy with his portrayal and used his anger
at his depiction in the film as a defense in a minor traffic
offence. In the drama series Underbelly Faure is played by Kym
Gyngell.
Faure's grandfather, Norman Leslie Bruhn, was reported to be a
Sydney-based gangster who operated during the 1920s. He was shot
and killed in 1927 during a hit ordered by Snowy Cutmore, who died
with Squizzy Taylor in a Melbourne shoot-out four months later.
His brother, Leslie Faure, is currently serving a 14 year prison
sentence for the murder of his girlfriend, killed in 1997. Faure's
youngest brother, Noel Faure, was convicted of manslaughter for
the 1990 killing of Frank Truscott of Rye, Victoria. Faure has
been sent to trial for murder on five occasions and received two
murder convictions.
On 4 June, 1976,
Faure and two accomplices set out to rob the Clifton Hill branch
of the ANZ Bank.
Faure was convicted of shooting Senior Constable Michael Pratt
in the back during the robbery. Pratt was later awarded the George
Cross award for bravery, however he retired from the police force
due to injuries sustained in the shooting.
Faure was sentenced to 4 years imprisonment
for his role in the robbery and shooting of Pratt.
Faure
was found guilty of the manslaughter of Shane Dennis Rowland, shot
dead on 1 May 1976 at a house in Richmond.
Faure was found guilty of the manslaughter of
prisoner Alan Sopulak in Pentridge prison. Sopulak died after he
was stabbed nine times in the back with a sharpened butter knife.
The body of Melbourne
underworld figure, Lewis Caine, (also known as Sean Vincent) was
found dumped in a residential street in Brunswick on 8 May 2004.
On 3 November 2005, Faure and Evangelos Goussis, were convicted
for the murder of Lewis Caine, the first murder convictions
related to the Melbourne underworld wars.
Faure was reportedly paid AUD$150,000 by Tony
Mokbel for the murder of Moran, of which $140,000 was collected.
On 5 December 2005, during the committal
hearing for the murder of Lewis Moran, Faure fainted in the dock
and was attended to by paramedics after suffering a suspected
stroke. Faure pleaded guilty to the murder of Moran.
On 3 May 2006, Faure was sentenced to 24 years
imprisonment for the murder of Lewis Caine and life imprisonment
with a non-parole period of 19 years for the murder of Lewis
Moran. Faure also gave evidence against Goussis on both of these
murders in a deal with the prosecution in return for a reduced
sentence.
1 Keith Faure, you have been found guilty by
a jury of the murder on 8 May 2004 of Sean Vincent also known as
Lewis Caine. I will refer to the deceased after this as Lewis
Caine, by which name he was better known.
2 You were found guilty of that murder in
November 2005. Last month, you pleaded guilty to the murder on
31 March 2004 of Lewis Moran.
3 Before I turn to the circumstances of the
two murders, I must make some preliminary points. The first is
to note that no plea in mitigation was made by or on behalf of
you as to the murder of Lewis Caine. I have had regard in
sentencing you as to that murder only to those matters which
arose in your presence at the trial. The second is to note that
there are reasons for the media to be somewhat circumspect in
what is published as to these sentencing remarks. There are
other trials still to be heard. There is a significant committal
soon to be heard. I have edited this sentence by substituting
the initials PSS for the name of a person who is still awaiting
trial. My aim in doing so is to confirm and supplement the
continuing suppression order which is in place as to his name
and otherwise. At the hearing of your plea in mitigation on 4
April last, I made an order for the closing of the court and a
suppression order. They will no longer have force in the form in
which they were made. I made the orders because of the high risk
of endangerment then existing. There remains a significant risk
of endangerment. The public interest in the openness of court
proceedings now requires that the suppression of what was said
at the plea hearing, and is said today, is suppressed only to
the extent necessary to maximise the prospect of a fair trial
for those still awaiting trial. A related concern also means
that I will moderate the language that I use to describe the
murder of Lewis Moran. I nonetheless say that it was a callous,
planned, premeditated execution for money. To some people, life
is not sacred, as it should be. To some people, life is cheap.
4 On 31 March 2004, around 6.30 p.m., Lewis
Moran was enjoying a drink with his friend, Herbert Wrout at the
Brunswick Club in Sydney Road, Brunswick. It was a favourite
drinking spot of his, as too many people knew. He was shot dead
there. Herbert Wrout was also shot there. Wrout received serious,
but not fatal, injuries. Two different gunmen shot Moran and
Wrout. You had driven with the two of them to a location close
to the Brunswick Club. You took with you three firearms and two
balaclavas. You did so after having agreed to kill Lewis Moran.
For his death, you and your two companions were to receive
$150,000 between you. Another two men had agreed to pay the
$150,000. Publicly identifying your two companions and one of
the two men who agreed to pay the $150,000 is a matter of
concern, for the reasons that I have spelt out earlier. All
three are awaiting trial. I state the identity of the three
because of the undertaking to which I will later refer. The two
companions were [...]. The first of the two men who agreed to
pay for the murder of Lewis Moran was PSS. The second man who
agreed to pay for the murder of Lewis Moran was Tony Mokbel. His
whereabouts, ever since he failed to appear at the final stages
of a recent trial in this court, are not known.
5 Before 31 March, you had checked out the
Brunswick Club. You knew that Lewis Moran had the habit of
standing to drink in a position where he could watch those
entering the club. On the night of 31 March, after you dropped
your two companions, appropriately briefed, in a laneway near
the Brunswick Club, you stayed with the car. After one of your
companions had shot and killed Lewis Moran and the other had
shot Herbert Wrout but not fatally, they joined you and you
drove them away. Some days later, you received $140,000. The
shortfall of $10,000 was a matter that you proposed to resolve
later.
6 On 8 May 2004, shortly after 11 p.m., the
body of Lewis Caine was found on the roadway in a dead-end
street in Brunswick. He had been shot once in the face, just
under the right eye. Shortly prior to that shot being fired, you
and Evangelos Goussis had been drinking with Lewis Caine for
some time at a Carlton hotel. That drinking session had been
arranged at a time, and in a context, when there was much
publicity about a series of gangland killings, including that of
Lewis Moran. All three of you had close contacts in the camps
that were, or were seen to be, engaged in a series of
retributive shootings. All three of you had reasons to be
guarded as to where the loyalties of other contacts lay, and to
be interested in gathering intelligence. In early May 2004,
Lewis Caine had a very close link to the camp of PSS. You had
links to both the camp of PSS and that of Mario Condello. That
was a matter of some moment, given that Lewis Caine had raised
with you the possible execution of Mario Condello. Lewis Caine
seems to have chosen to meddle in the gangland war, and to have
invited you to meddle too. Whatever the precise nature of the
links, and the proposed meddling, gangland killings and blurred
loyalties were a significant part of the context in which you
were drinking with Lewis Caine.
7 There was before the jury evidence that
that time together at the hotel was a friendly drinking session.
There was other evidence which pointed to the apparent
friendliness of that drinking session being contrived. You and
Goussis chose to drive from Geelong to the hotel to meet up with
Lewis Caine. Further, you asked him to join you for drinks. It
was not that he asked you. Further, Goussis chose to take a gun
to the meeting. Given a then recent firearm conviction, that
deliberate choice to take a gun was more than curious. It was
courting danger. Further, the two of you drove to Melbourne in a
recently acquired 4WD. The reasons you were later to give for
meeting Lewis Caine were implausible. There was a particular
implausibility about your claim that Lewis Caine was keen on
buying the 4WD, and about your claim that another vehicle was
driven to Melbourne as well as the 4WD. The jury had only your
say-so that there were two vehicles, that Lewis Caine wanted to
buy the 4WD, and that Lewis Caine had with him a gun. Absent
other evidence, I find to the contrary as to each of those three
matters.
8 I would briefly note the thrust of the
toxicological results relative to Lewis Caine. He seems not to
have had a great deal to drink that night. Moreover, given that
only a very small amount of residual cocaine metabolite was
found in his system, he could not have been affected
significantly adversely by any drugs.
9 I cannot make precise findings as to what
occurred between the time when you, Goussis and Lewis Caine left
the hotel and the time when Caine was shot. The nature of the
gunshot wound and blood stains point to his having been shot at
a time when he was sitting in the back seat of the 4WD. Goussis
admitted to police that he fired the fatal shot. The Prosecution
case was that, despite assertions to the contrary, you and
Goussis were seated alongside each other when the fatal shot was
fired. I proceed upon the basis that the jury accepted that that
was so and that the two of you were acting in concert. The body
of Lewis Caine was promptly dumped in a dead-end street after he
had been shot. I was urged to treat that as an indication of no
or little premeditation. On the other hand, the callous dumping
of a meddler could also have been seen as a way of conveying a
message as to how would-be executioners might expect to be dealt
with. The 4WD was then driven to Geelong. It was hidden, as was
the gun that fired the fatal shot. You and Goussis changed your
clothes. The two of you then chose to visit some night-clubs.
10 When the police arrested you, you told
them a set of lies that you and Goussis had concocted together.
After you realised that they were seen quite obviously to be
lies, you concocted together a second set of lies. According to
the first set of lies, at the time of the shooting, you were
asleep at Geelong and Goussis was at his mother’s home at
Fairfield. According to the second set of lies, you were in a
separate vehicle from the other two and at a critical time
needed to vomit. Hence, you were not present at a time when
Lewis Caine, on the account of Goussis, produced a gun, which
would not fire, a supposedly surprising act which was said to
have led to Lewis Caine being shot by Goussis in self defence.
The second set of lies were not so readily capable as the first
set of being shown to be lies, particularly as the 4WD and the
gun were not available to be tested.
11 After the murder, not only did you and
Goussis lie as to many matters of significance related to the
murder, you engaged in other conduct which inferentially spoke
clearly of your guilt of that murder. There was an obvious plan
to mislead, as by making calls to Lewis Caine’s mobile phone and
leaving messages for him as if you did not know that he was dead.
You claimed not to be able to identify the location of the
shooting. Further, you claimed that other considerations
warranted your not being able to provide to the police any of
three very significant items: the 4WD; the gun fired by Goussis;
and, the gun claimed to have been produced by Lewis Caine.
12 The prosecution case was not, despite
certain indications the other way, that this was a premeditated
execution. I must sentence you on the basis that the murder as
to which the jury has found you guilty was not premeditated. The
murder cannot therefore be seen as warranting a sentence towards
the top of the range. On the other hand, it cannot be seen as
being towards the bottom of the range. This was a far cry from a
spontaneous domestic stabbing. This was a shooting, with a gun
that should not have been on hand, in the context of other
shootings and camps and divided loyalties, by two men acting in
concert, two men whose record shows no great respect for the law.
13 I have read, and listened to the reading
of, three victim impact statements prepared by each of the
mother, grandmother and sister of Lewis Caine. Each has
described the bonds that tied Lewis Caine to them, and the pain,
the heartbreak and the sense of emptiness that has followed his
death, and that they say has continued thereafter and will
continue hereafter.
14 As to the shooting of Lewis Moran, there
are three victim impact statements. I have been informed that
the required arrangements as to the seeking out of such
statements have been made and that no reading from them has been
requested. One is from Judith Moran, the wife of Lewis Moran.
She writes of the devastating emotional consequences to her of
the murder of Lewis Moran amid other gangland killings,
including of two sons. The other two are from two managers at
the Brunswick Club. Ms Sugars was close by when the fatal shots
were fired. She has nightmares and other problems. The other, Ms
Connaughton, writes of the enduring adverse consequences of the
fatal shooting for the Club and its members.
15 I turn from the crimes and their victims
to you. You are 54 years of age having been born in June 1951.
You were born into a family where your father set a poor example,
that was followed by you and your brothers. Mr Montgomery
informed me on the plea that your parents are now dead, that
your father lived to the age of 78, and your mother to the age
of 58.
16 You have many convictions for many
offences, including for crimes of violence. Of particular note
are the following six occasions when you received sentences of
imprisonment for some years: February 1974, 21/2 years for
robbery in company; April 1974, 4 years for armed robbery in
company; February 1977, 8 years for manslaughter; July 1977, 9
years for manslaughter; November 1977; 10 years for robbery in
company; and, April 1989, 131/2 years for armed robbery.
17 You suffer from a number of health
problems, including some arising from incidents at work and on
the road. Since your arrest for the murder of Lewis Caine, you
have had to endure particularly onerous prison conditions.
Enduring additional hardship must inevitably be a part of your
future years in prison. The sentence management problems facing
you and the authorities are thorny indeed.
18 I turn to the matter of your co-operation
with the authorities. It is to be added to the plea of guilty,
which itself is a factor of significance. The courts have often
spelt out the reasons why extensive co-operation can merit a
very substantial reduction in the punishment that can be imposed.
It is often difficult to assess the relative advantages to the
administration of justice and hence to the public. In your case,
the indications are that the benefit from the co-operation will
be extremely high. You have prepared and lodged with the court
an extensive statement as to your role in the murder of Lewis
Moran. You have undertaken to give evidence when called upon to
do so, to attest to the truthfulness of the matters set out in
that statement. I direct that the appropriate record of that be
made in the court records. You have said that you understand
that, if you fail to honour that undertaking, you could be re-sentenced.
You have also promised to assist the police in their
investigation of another matter.
19 Sentencing you is a difficult exercise. It
is made difficult because of the need to balance a number of
sentencing principles. I have highlighted the matters of the
plea of guilty and the provision of co-operation. There are also
the principles of totality and parity to be allowed for, as well
as the need to provide for general deterrence, special
deterrence, rehabilitation and more.
20 As I have noted earlier, the murder of
Lewis Moran was a callous, planned, premeditated execution. Even
after taking all relevant sentencing discounting factors into
account, only a sentence of life imprisonment is appropriate,
given the nature of the crime and of your antecedents. As to the
murder of Lewis Caine, I am not able to say more than I said
earlier. There is not the evidence that it too was a pre-meditated
murder. For it, I will fix a term of years. The fixing of a non-parole
period is probably the matter in which you have the closest
interest. I have looked carefully at comparable sentences. More
relevant is your own age and health and to a degree, the
longevity of your parents. Your co-operation merits your being
given a chance to spend some of your senior years outside prison.
Parole experience has shown how amenable to rehabilitation that
that can be.
21 I have signed orders submitted to me as to
retention, disposal and forfeiture, there being no objection to
my doing so. The period of pre-sentence detention is 715 days. I
direct that that be entered in the court records. For the murder
of Lewis Caine, I sentence you to 24 years in prison. For the
murder of Lewis Moran, I sentence you to life imprisonment. I
fix a non-parole period of 19 years.