Man who strangled his partner then left her body in a car with their two young sons is convicted of murder †after jury rejects his defence that he was SLEEP DEPRIVED at the time

  • Toby Awatere, 36, strangled his partner Jackline Ohide at their home in 2015
  • He then put his partner's body into a vehicle along with their sleeping sons
  • Awatere pleaded guilty to manslaughter, but denied murdering Ms Ohide
  • But a jury returned the unanimous guilty verdict after deliberating for 11 hours 

A South Australian man who strangled his partner and left her body in a car where their two sons were sleeping has been found guilty of the woman's murder.

A jury returned the unanimous verdict against Toby Awatere, 36, on Wednesday night after deliberating for 11 hours.

During the Supreme Court trial, the prosecution alleged Awatere killed Jackline Ohide, 27, at their home in Hackham West, south of Adelaide, in March 2015.

The court heard Awatere put his partner's body into the vehicle along with their sleeping sons, aged one and four, before running away, ABC [5]reports.

Toby Awatere (right) has been found guilty of murder after he strangled his partner Jackline Ohide (left) and left her body in a car where their two sons were sleeping

When the children woke up, they beeped the car's horn until a neighbour came to help.

Awatere pleaded guilty to manslaughter, but denied murder.

The state's law requires proof that a person formed an intent to kill or cause grievous bodily harm in order to be convicted of murder.

Awatere's lawyer argued that his mental state was impaired by his insomnia and therefore he did not have that intent.

But prosecutor Carmen Matteo told the jury that Awatere did plan to kill his partner.

Awatere pleaded guilty to manslaughter, but denied murder. His lawyer argued his mental state was impaired by his insomnia

'As much as he loved his partner, in that moment, putting her on the bed and choking her, the prosecution says Toby Awatere was still capable of forming the intention to kill her,' she said during the opening remarks.

'He was capable of putting his little boys in the car with their mot her and he was capable of running off.'

After the verdict was returned, Ms Ohide's sister Sunday Ohide said she was relieved that justice was served – but added that she was upset by the defence that was used.

'I feel that we got justice,' she said outside court, ABC reports.

She paid tribute to her sibling, calling her a gentle soul who 'just loved being a mum and being with her two boys.'

Awatere has been remanded in custody for sentencing submissions on May 3. 

 

References

  1. ^ Khaleda Rahman For Daily Mail Australia (www.dailymail.co.uk)
  2. ^ Aap (www.dailymail.co.uk)
  3. ^ e-mail (www.dailymail.co.uk)
  4. ^ View comments (www.dailymail.co.uk)
  5. ^ ABC (www.abc.net.au)
Source: www.bing.com


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