DRAMATIC scenes erupted inside and out of Newcastle Local Court as Ben Batterham – the man accused of chasing down and murdering a burglar who broke into his Hamilton home – was granted conditional bail.
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Already an emotion-charged issue, the murder case that has triggered passionate debate about self defence laws added another chapter on Tuesday as Magistrate Robert Stone outlined his decision to release Mr Batterham, 33, from Cessnock Correctional Centre on strict conditions, which included a $200,000 surety.
As Mr Batterham, who kept his head down throughout the proceedings, listened via audio visual link, the mother of his alleged victim, Ricky Slater-Dickson, began yelling out to Mr Stone.
“"Is he getting bail is he?,” Beryl Dickson asked.
"He murdered my son and you're giving him bail?"
An emotional Mrs Dickson then turned her attention on Mr Batterham on the screen.
"You murdered my son, look what you done,” she told him.
She continued her tirade down the courthouse stairs and outside, calling for justice for her son.
The bail hearing heard on Friday that Mr Batterham had chased Mr Slater-Dickson for more than 400 metres before tackling him to the ground and putting him in a "choker hold" where he punched him repeatedly every time he resisted.
But Mr Stone did not accept the prosecution submission that it was a “strong case” against Mr Batterham and said that provocation would be a matter “very relevant to a jury”.
“Provocation is, in my opinion, a live issue,” Mr Stone told the court.
“A stranger found in your home at 3.20am in the morning with your partners handbag is his hand, having come from the child's nursery are in my assessment very relevant to a jury's deliberations as to a charge of murder.”
However, Mr Stone noted Mr Batterham’s partner and their child were not home at the time of the break-in.
He said self defence could be raised and cause of death was likely to be a contested issue.
“These are matters that will need to be considered by a jury of the accused's peers,” Mr Stone said.
He found there was a possibility Mr Batterham could become a flight risk, but said a number of strict bail conditions could mitigate any fears the court had.
Mr Batterham was released from Cessnock Correctional Centre on Tuesday afternoon and driven by his barrister, Winston Terracini SC, to a secret location to live until his trial, which is expected to be late next year.
He had served 44 days in custody since his arrest on March 27 – the day Mr Slater-Dickson succumbed to his injuries in John Hunter Hospital.
The matter was adjourned until July.
EARLIER STORY:
A MAGISTRATE has granted Hamilton break-in murder accused Ben Batterham conditional bail in Newcastle Local Court on Tuesday.
The decision triggered dramatic scenes inside and out of Newcastle courthouse with the mother of Ricky Slater-Dickson yelling at Magistrate Robert Stone and Mr Batterham, who appeared via audio visual link from Cessnock Correctional Centre, before going on an emotional tirade outside.
But Mr Stone did not accept the prosecution’s submissions that it was a “strong case” against Mr Batterham and said that provocation would be a matter “very relevant to a jury”.
He said he was satisfied any flight risks regarding Mr Batterham could be mitigated by strict bail conditions, including a $200,000 surety, residential conditions and reporting conditions.
As Mr Stone announced he would be granted bail, Mr Slater-Dickson’s mother, Beryl Dickson, said: “He murdered my son and you’re giving him bail?”
She then turned her attention to Mr Batterham, who sat with his head down throughout the proceedings.
“You’ve murdered my son, look what you’ve done,” she said.
When asked outside court why it was so upsetting that Mr Batterham was granted bail she replied: “If that was my son do you think they would have given him bail?”
A post-mortem examination on Mr Slater-Dickson’s body is still expected to take six to eight weeks, the court heard.
The matter will return to court in July.
