Judge rejects murderer’s ‘preposterous’ defence claim
A judge is unclear that a man claims that he killed his vulnerable father with a baseball stick and then only tries to defend himself.
Victoria Supreme Court Justice Andrew Tinney described Aaron Bernath’s fabrication story as “unimaginable”.
In May, Bernath was found guilty of killing his father George Bernath at Maddingley homes in the west of Melbourne on January 11, 2024.
The 61 -year -old child hit his head at least three times with a baseball stick and waited 17 minutes before calling the ambulance.
In the triple call, Bernath claimed that his father had fallen off the couch and fell, but he came to find out that he was lying in a blood pool with significant injuries at the beginning of health officials Mr. Bernath.
There was a mat and bucket with him, and the water was red with blood.
Mr. Bernath was taken to Alfred in Melbourne with severe blunt injuries and died in the hospital the next day.
Bernath challenged the murder accusation at the hearing and gave evidence that he was defending himself against his father.
But Justice Tinney said that the jury clearly rejected the story and described it as a “complete fabrication”.
“The account of his father and his account begins to take a baseball stick and shake the bat towards the defendants … This is just an unreasonable story.” He said.
Justice Tinney said that the murder was incomprehensible and there was no tension or dispute that led to a deadly attack.
Bernath’s lawyer Daniel Sala said that his client defined the relationship as stretched, but that he could never be a real explanation.
The judge urged Bernath to make sentences on the basis of that Bernath only aims to cause serious injuries, and when Bernath called zero, the old man said he was still breathing.
However, Justice Tinney said he wasn’t sure that the distinction would change the penalty, and Bernath said he was still waiting for 17 minutes for a call for help.
Judge said he was trying to clean the murder scene and hide the baseball stick.
Mr. Bernath’s partner, family and friends were read to the court six explanations.
They described the 61 -year -old child as an incredible role model that pointed to his son and loves him very much.
The claim hearing will continue on Friday.
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