Robert Farquharson
Encyclopedia
Robert Donald William Farquharson (born 1969) is an Australian convicted of murder
ing his three sons on Father's Day
in 2005 by driving them into a farm dam
.
He was convicted in an earlier trial and was sentenced to life imprisonment with no minimum term. However, Farquharson maintained his innocence
and appealed his sentence. On 17 December 2009, he won the right to a retrial, due in part to the key witness for the prosecution, Greg King, facing potential criminal charges himself at the time of the original trial. He was released on bail on 21 December, but was again convicted of murder on 22 July 2010.
Farquharson met his future wife, Cindy Gambino, in February 1990. In 1996, he took a redundancy package from his employer and bought a lawn-mowing franchise servicing his local area, a venture that lost him AUD 40,000.
He married Gambino in 2000 and had three children together by 2002. The pair separated amicably in 2004. Farquharson suffered bouts of depression
and sought the assistance of a psychologist
and later a psychiatrist
to deal with the separation. He was prescribed the antidepressants Zoloft and later Avanza
.
access visit, his white 1989 VN Commodore vehicle veered across the Princes Highway
between Winchelsea
and Geelong
, smashed through a fence and came to rest in a farm dam where it filled with water and submerged. His three children, Jai, 10, Tyler, 7, and Bailey, 2, were unable to free themselves and drowned. Farquharson managed to escape and alerted another driver who took him to nearby Winchelsea. Police divers recovered the boys' bodies about 2 am the next day. They were still inside the vehicle and unrestrained by seatbelts.
After a three month investigation, police prepared murder charges against Farquharson and went to his Winchelsea home on 14 December 2005. He was not there at the time but presented himself at the Geelong police station in the presence of his lawyer. He was arrested and charged with three counts of murder. Farquharson had previously requested and undertook a lie detector
test, the results of which are inadmissible in court. He later appeared in the Geelong Magistrates Court, where he was remand
ed in custody and ordered to appear before the court on 7 April 2006.
Gambino told the court she did not believe Farquharson intended to kill their children deliberately, saying "I believe with all my heart that this was just an accident and that he would not have hurt a hair on their heads. I don't believe this is murder."
Police alleged Farquharson was in control of the vehicle in the moments before it crashed into the dam, and that he earlier told a friend, Greg King, he had intended to kill his children to get back at his wife. He was later granted bail
and released from custody to appear at his trial scheduled to begin in August 2007.
before Justice Philip Cummins, on 21 August 2007. A total of 49 witnesses appeared during the six-week trial.
were all in the off position.
The body of the oldest child, Jai, was found protruding half way out of the vehicle's front door. The other boys were discovered in the back seat.
Police video re-enactments of the crime scene played before the court showed the car veering left, not right, towards the dam, at the exact position on the highway the accident happened. Farquharson's car was found to pull slightly to the right, though not to the degree that would counteract the left-veering force, according to Urquhart.
King, a bus driver, testified that he recalled a conversation with Farquharson two months before the accident outside a fish and chip shop. He said his friend spoke of seeking revenge on his ex-wife and of wanting to "take away the things that mean the most to her", meaning the children. King recalled Farquharson complaining how his wife had taken the newer of the two cars. But King's wife could not recall her husband relaying this conversation to her that day.
Another witness, Shane Atkinson, who discovered Farquharson on the side of the road, said Farquharson twice refused to call the 000 emergency
number, preferring instead to travel to Winchelsea to tell his wife of his children's fate. The court transcript reveals Atkinson had to borrow a mobile phone to call police from the Winchelsea police station, which was closed for the night. This backs up the evidence given originally at the committal hearing that no mobile phone was available.
Associate Professor Matthew Naughton, a specialist in sleep and respiratory medicine, told the jury it was highly unlikely Farquharson had suffered a coughing fit in the moments before the accident. He further testified that coughing to the point of blacking out is an extremely rare condition, known as cough syncope, and that Farquharson was unlikely to have suffered such an attack while driving given the warmth of his vehicle. However he later conceded he had never seen cough syncope, would not know how to take a history to determine it, and was sceptical even of its existence, a consideration not backed up by others in the same sphere of medicine.
Cam Everett, the owner of the property where the dam was located, told the court a total of seven vehicles had crashed through his farm fence in eight years. No vehicles other than Farquharson's had ended up in the dam in that time.
Former police superintendent David Axup, who hasn't been a policeman for over 20 years, contradicted the prosecution's arguments about the path and steering of the car as it left the road, believing it had probably traveled on a 53-degree arc. He said this could be explained by the right camber of the road towards the dam, and the fact the car had poor wheel alignment, meaning it would move uncontrolled to the right.
Farquharson's thoracic medicine specialist Chris Steinfort also concluded it was 'highly likely' his patient suffered from cough syncope on the night. Steinfort has seen cases of cough syncope and believed the symptoms suffered by Farquharson were a 'classic' example.
After three days of deliberations, the jury found Farquharson guilty on 5 October 2007. Gambino broke down in court when the verdict was announced; her mother collapsed and was taken to hospital by ambulance. Justice Cummins allowed a recess of 15 minutes for the court to compose itself before proceedings resumed.
On 16 November 2007, Farquharson was sentenced to three terms of life imprisonment without parole. He then announced he intended to appeal his convictions.
The re-trial commenced on 4 May 2010 before Justice Lex Lasry. The jury retired to consider their verdict on 19 July 2010, after hearing 11 weeks of evidence and argument. On 22 July, after 3 days of deliberation, the second jury again found him guilty of murder. On 15 October 2010 he was sentenced to life imprisonment with a 33 year minimum.
, the company of American talk show
host Oprah Winfrey
, is reported to have offered Gambino $1 million to appear on the program and tell her story. Gambino told her story to Australian magazine Woman's Day
, saying she does not believe Farquharson killed their children, but has since changed her mind.
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ing his three sons on Father's Day
Father's Day
Father's Day is a celebration honoring fathers and celebrating fatherhood, paternal bonds, and the influence of fathers in society. Many countries celebrate it on the third Sunday of June but it is also celebrated widely on other days...
in 2005 by driving them into a farm dam
Dam
A dam is a barrier that impounds water or underground streams. Dams generally serve the primary purpose of retaining water, while other structures such as floodgates or levees are used to manage or prevent water flow into specific land regions. Hydropower and pumped-storage hydroelectricity are...
.
He was convicted in an earlier trial and was sentenced to life imprisonment with no minimum term. However, Farquharson maintained his innocence
Innocence
Innocence is a term used to indicate a lack of guilt, with respect to any kind of crime, sin, or wrongdoing. In a legal context, innocence refers to the lack of legal guilt of an individual, with respect to a crime.-Symbolism:...
and appealed his sentence. On 17 December 2009, he won the right to a retrial, due in part to the key witness for the prosecution, Greg King, facing potential criminal charges himself at the time of the original trial. He was released on bail on 21 December, but was again convicted of murder on 22 July 2010.
Early life
He married Gambino in 2000 and had three children together by 2002. The pair separated amicably in 2004. Farquharson suffered bouts of depression
Clinical depression
Major depressive disorder is a mental disorder characterized by an all-encompassing low mood accompanied by low self-esteem, and by loss of interest or pleasure in normally enjoyable activities...
and sought the assistance of a psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
and later a psychiatrist
Psychiatrist
A psychiatrist is a physician who specializes in the diagnosis and treatment of mental disorders. All psychiatrists are trained in diagnostic evaluation and in psychotherapy...
to deal with the separation. He was prescribed the antidepressants Zoloft and later Avanza
Mirtazapine
Mirtazapine is a tetracyclic antidepressant used primarily in the treatment of depression. It is also sometimes used as a hypnotic, antiemetic, and appetite stimulant, and for the treatment of anxiety, among other indications...
.
The drownings
About 7 pm on 4 September 2005, as Farquharson was returning his children to their mother after a Father's DayFather's Day
Father's Day is a celebration honoring fathers and celebrating fatherhood, paternal bonds, and the influence of fathers in society. Many countries celebrate it on the third Sunday of June but it is also celebrated widely on other days...
access visit, his white 1989 VN Commodore vehicle veered across the Princes Highway
Princes Highway
The Princes Highway extends from Sydney to Port Augusta via the coast through the states of New South Wales, Victoria and South Australia, a distance of 1941 km or 1898 km via the former alignments of the highway ....
between Winchelsea
Winchelsea, Victoria
Winchelsea is a town in Victoria, Australia. It is in the Surf Coast Shire local government area and located on the Barwon River 115 km south-west of Melbourne and close to Geelong .- History :...
and Geelong
Geelong, Victoria
Geelong is a port city located on Corio Bay and the Barwon River, in the state of Victoria, Australia, south-west of the state capital; Melbourne. It is the second most populated city in Victoria and the fifth most populated non-capital city in Australia...
, smashed through a fence and came to rest in a farm dam where it filled with water and submerged. His three children, Jai, 10, Tyler, 7, and Bailey, 2, were unable to free themselves and drowned. Farquharson managed to escape and alerted another driver who took him to nearby Winchelsea. Police divers recovered the boys' bodies about 2 am the next day. They were still inside the vehicle and unrestrained by seatbelts.
After a three month investigation, police prepared murder charges against Farquharson and went to his Winchelsea home on 14 December 2005. He was not there at the time but presented himself at the Geelong police station in the presence of his lawyer. He was arrested and charged with three counts of murder. Farquharson had previously requested and undertook a lie detector
Polygraph
A polygraph measures and records several physiological indices such as blood pressure, pulse, respiration, and skin conductivity while the subject is asked and answers a series of questions...
test, the results of which are inadmissible in court. He later appeared in the Geelong Magistrates Court, where he was remand
Detention of suspects
The detention of suspects is the process of keeping a person who has been arrested in a police-cell, remand prison or other detention centre before trial or sentencing. One criticism of pretrial detention is that eventual acquittal can be a somewhat hollow victory, in that there is no way to...
ed in custody and ordered to appear before the court on 7 April 2006.
Gambino told the court she did not believe Farquharson intended to kill their children deliberately, saying "I believe with all my heart that this was just an accident and that he would not have hurt a hair on their heads. I don't believe this is murder."
Police alleged Farquharson was in control of the vehicle in the moments before it crashed into the dam, and that he earlier told a friend, Greg King, he had intended to kill his children to get back at his wife. He was later granted bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
and released from custody to appear at his trial scheduled to begin in August 2007.
Trial
Farquharson's trial for the murder of his sons began in the Supreme Court of VictoriaSupreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
before Justice Philip Cummins, on 21 August 2007. A total of 49 witnesses appeared during the six-week trial.
Prosecution
Sergeant Glen Urquhart gave evidence that the steering wheel of Farquharson's vehicle would require a 220-degree turn to veer as it did on the highway to leave the road. There was no evidence of braking before the car entered the dam. The vehicle's headlights, heater and ignition systemIgnition system
An ignition system is a system for igniting a fuel-air mixture. Ignition systems are well known in the field of internal combustion engines such as those used in petrol engines used to power the majority of motor vehicles, but they are also used in many other applications such as in oil-fired and...
were all in the off position.
The body of the oldest child, Jai, was found protruding half way out of the vehicle's front door. The other boys were discovered in the back seat.
Police video re-enactments of the crime scene played before the court showed the car veering left, not right, towards the dam, at the exact position on the highway the accident happened. Farquharson's car was found to pull slightly to the right, though not to the degree that would counteract the left-veering force, according to Urquhart.
King, a bus driver, testified that he recalled a conversation with Farquharson two months before the accident outside a fish and chip shop. He said his friend spoke of seeking revenge on his ex-wife and of wanting to "take away the things that mean the most to her", meaning the children. King recalled Farquharson complaining how his wife had taken the newer of the two cars. But King's wife could not recall her husband relaying this conversation to her that day.
Another witness, Shane Atkinson, who discovered Farquharson on the side of the road, said Farquharson twice refused to call the 000 emergency
000 emergency
Triple Zero is the primary national emergency number in Australia. The Emergency Call Service is operated by Telstra a condition of its telecommunications licence, and is intended only for use in life-threatening or time-critical emergencies...
number, preferring instead to travel to Winchelsea to tell his wife of his children's fate. The court transcript reveals Atkinson had to borrow a mobile phone to call police from the Winchelsea police station, which was closed for the night. This backs up the evidence given originally at the committal hearing that no mobile phone was available.
Associate Professor Matthew Naughton, a specialist in sleep and respiratory medicine, told the jury it was highly unlikely Farquharson had suffered a coughing fit in the moments before the accident. He further testified that coughing to the point of blacking out is an extremely rare condition, known as cough syncope, and that Farquharson was unlikely to have suffered such an attack while driving given the warmth of his vehicle. However he later conceded he had never seen cough syncope, would not know how to take a history to determine it, and was sceptical even of its existence, a consideration not backed up by others in the same sphere of medicine.
Defence
Farquharson relied upon the defence of losing consciousness due to a coughing fit, and told police he woke up in the dam. He said that the car begun to submerge when son Jai tried to free himself by opening the passenger door.Cam Everett, the owner of the property where the dam was located, told the court a total of seven vehicles had crashed through his farm fence in eight years. No vehicles other than Farquharson's had ended up in the dam in that time.
Former police superintendent David Axup, who hasn't been a policeman for over 20 years, contradicted the prosecution's arguments about the path and steering of the car as it left the road, believing it had probably traveled on a 53-degree arc. He said this could be explained by the right camber of the road towards the dam, and the fact the car had poor wheel alignment, meaning it would move uncontrolled to the right.
Farquharson's thoracic medicine specialist Chris Steinfort also concluded it was 'highly likely' his patient suffered from cough syncope on the night. Steinfort has seen cases of cough syncope and believed the symptoms suffered by Farquharson were a 'classic' example.
Verdict
The day before the verdict came in, Farquharson arranged for flowers, three red tulips, to be laid at the grave of his children. Attached was a card reading 'Dear Jai, Thinking of you on your birthday. Love you, Dad'. Jai would have turned 13 that day.After three days of deliberations, the jury found Farquharson guilty on 5 October 2007. Gambino broke down in court when the verdict was announced; her mother collapsed and was taken to hospital by ambulance. Justice Cummins allowed a recess of 15 minutes for the court to compose itself before proceedings resumed.
On 16 November 2007, Farquharson was sentenced to three terms of life imprisonment without parole. He then announced he intended to appeal his convictions.
Appeal, bail & retrial
On 17 December 2009, Farquharson's conviction was unanimously overturned by the three appeal judges. They were critical of the trial judge, the prosecution and the evidence of key prosecution witness Greg King. On 21 December 2009 he was granted bail and released into the care of one of his sisters with AUD 200,000 surety.The re-trial commenced on 4 May 2010 before Justice Lex Lasry. The jury retired to consider their verdict on 19 July 2010, after hearing 11 weeks of evidence and argument. On 22 July, after 3 days of deliberation, the second jury again found him guilty of murder. On 15 October 2010 he was sentenced to life imprisonment with a 33 year minimum.
Media offers
Harpo ProductionsHarpo Productions
Harpo Productions, Inc. is an incorporated US-based multimedia production company founded by Oprah Winfrey . It also includes Harpo Films & Harpo Radio, Inc....
, the company of American talk show
Talk show
A talk show or chat show is a television program or radio program where one person discuss various topics put forth by a talk show host....
host Oprah Winfrey
Oprah Winfrey
Oprah Winfrey is an American media proprietor, talk show host, actress, producer and philanthropist. Winfrey is best known for her self-titled, multi-award-winning talk show, which has become the highest-rated program of its kind in history and was nationally syndicated from 1986 to 2011...
, is reported to have offered Gambino $1 million to appear on the program and tell her story. Gambino told her story to Australian magazine Woman's Day
Woman's Day
Woman's Day is aimed at a female readership, covering such subjects as food, nutrition, fitness, beauty and fashion. The magazine edition is one of the "Seven Sisters", a group of women's service magazines....
, saying she does not believe Farquharson killed their children, but has since changed her mind.