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Arthur
FREEMAN
R
Same day
THE man who threw his daughter off the West
Gate Bridge has been sentenced to life in prison.
Supreme Court Justice Paul Coghlan today
sentenced Arthur Phillip Freeman, 37, to life in jail with a
non-parole period of 32 years for the murder of four-year-old
daughter Darcey as he sought revenge against her mother during a
custody battle.
Darcey died hours after being thrown 80m from
the bridge by her father on January 29, 2009.
Freeman was found guilty of murdering Darcey by
a Supreme Court jury last month.
Today, Freeman showed no reaction throughout
the hearing, but had to be pulled from the courtroom by three
guards following a bizarre outburst after the sentence was handed
down.
Freeman backed into a corner of the dock to
avoid guards as he accused an in-law of being implicated in the
theft of diamonds from a West Australian mine and Federal Police
phone taps, while he also mentioned death threats to himself
during the rant.
During a 40-minute statement that had finished
moments earlier, Justice Coghlan said Freeman had not shown
remorse or even begun to understand the enormity of his brutal
crime.
“You are yet to say sorry for what you have
done,” he said.
“Your attitude to these matters remain
self-centred. I regard your prospects of rehabilitation as bleak.”
Prosecutors had called for Freeman to be jailed
for life without parole, while his lawyers had pleaded for a
minimum term.
In handing down the life sentence, the judge
said he understood the argument that he should be “locked away for
ever”, but he was obliged to consider other factors.
“Whatever happens, you will spend what many
consider will be the best years of your life in prison,” he said.
But he said he did not think Freeman was
“beyond redemption” and took into account good behaviour, family
support and references.
The judge also said, “One of the unfortunate
features of this case is that others blame themselves”, but the
judge said they should not.
“You are responsible for it. And nobody else,”
Justice Coghlan said.
“The earliest date you can be released is 29
January 2041, when you will be 67 years old,” the judge said.
Darcey’s mother and Freeman’s ex-wife Peta
Barnes showed no emotion at the sentencing, and left the court
with supporters without making a statement.
Several members of the jury that convicted
Freeman were also in court to hear the verdict.
Darcey’s death a fundamental breach of trust
Justice Coghlan, in handing down his sentence,
said Freeman’s actions were aggravated by an act breaching the
basic trust of father and child, and had destroyed the lives of
others.
“This was a killing of an innocent child,” he
said.
“The circumstances of the killing were
horrible.
“The throwing of your four-year-old daughter
from a bridge more than 80 metres above the ground could not be
more horrible.
“What Darcey’s last thoughts might have been
does not bear thinking about, and her death must have been a
painful and protracted one.”
He said Freeman’s actions were “a fundamental
breach of trust” and an attack on the institution of family.
He said the death was made worse because
Freeman had killed Darcey in the presence of his two young sons,
Ben, 6, and Jack, 2.
“It can only be concluded that you used your
daughter in an attempt to hurt your former wife as profoundly as
possible.”
And he said Freeman could not have chosen a
more public place for the murder act, saying it had offended the
sensibility of the entire community.
He said the lives of Darcey’s mother and many
others would “never be the same”.
In describing the impact on others, Justice
Coghlan said emergency services, witnesses and the community as a
whole had been affected by Darcey’s death, by having the events
“forced upon them”.
Freeman was not mentally ill
Justice Coghlan said Freeman’s defence largely
attempted to push for a non-parole period based on “impaired
mental function” which would have reduced his moral culpability.
But quoting Dr Lester Walton’s expert advice,
the judge said, “there is minimal evidence … that Freeman was
suffering from mental illness that he would have realised his
conduct was wrong”.
And while no-one knew what Freeman was thinking
at the time he threw Darcey from the bridge, Dr Walton said in
evidence: “I believe it is highly likely that Freeman may be have
suffering clinical depression at the time of the offence”.
Dr Walton also believed Freeman may need close
supervision because he was a suicide risk.
Justice Coghlan accepted that the sentence
would “weigh more heavily” on Freeman partly as a result of his
depression, but also the nature of Darcey’s death.
Judge describes moments before and after
Darcey’s death
According to the judge, Freeman had driven to
his parents’ house in the seaside hamlet of Aireys Inlet where his
three children had been staying.
The next morning, Freeman’s father Peter
noticed his son was distressed and appeared to be in a “trance”.
The day before he killed Darcey, Freeman had
the amount of custody time he had with his children reduced by a
court.
Justice Coghlan said Freeman’s act appeared to
have been triggered by his reaction to custody orders, and a
desire to seek “spousal revenge”.
While heading back to Melbourne, he had a
lengthy phone conversation with friend Elizabeth Lamb who was in
England at the time, telling her that he felt he had “lost” his
children.
Minutes before the murder, Freeman telephoned
Ms Barnes and told her to “Say goodbye to your children”.
He parked his four-wheel drive in the left-hand
emergency lane, near the West Gate Bridge’s highest point, coaxed
Darcey out of he car and picked her up.
Freeman then carried the child in his arms to
the edge of the bridge and threw her over the edge.
As Freeman drove away from the bridge after
murdering Darcey, his six-year-old son Ben urged him to turn back.
“Darcey can’t swim,” Ben told his father.
Freeman drove to the Commonwealth Law Courts
complex in the CBD and tried to hand his two-year-old son Jack to
security staff.
Freeman then became distressed and started
crying and shaking.
He was later arrested at the complex.
Prof Burrows had told the Supreme Court trial
that Mr Freeman suffered a “major depressive disorder” and was in
a “dissociative state” - like that of a sleepwalker - when he
threw Darcey, 4, off the West Gate Bridge on January 29, 2009.
“This case is essentially about Prof Burrows
and his evidence,” Mr Silbert said.
“At the end of the day you should reject Prof
Burrows entirely."
The jury has heard Prof Burrows was the only
one of six psychiatrists who assessed Mr Freeman to back his
mental impairment defence.
Mr Silbert today said Mr Freeman was mildly to
moderately depressed due to his “situation in life” after a court
custody decision, and that his anger management problems bubbled
over.
Defence counsel David Brustman, QC, will begin
his closing address this afternoon.