Bevan John Brougham was convicted of manslaughter over the death of Dianne Rogan. Art: Tim Ide.
Source: News Limited
Dianne Rogan. Source: SA Police.
Source: Supplied
A JUDGE made “a stark error” when he found a Whyalla man guilty of manslaughter, not murder, over the death of Dianne Rogan, a court has heard.
Director of Public Prosecutions Adam Kimber, SC, today asked the Court of Criminal Appeal to overturn Bevan John Brougham’s acquittal and find him guilty of murder.
He said Justice John Sulan “erroneously” cleared Brougham of murder by failing to consider Mrs Rogan’s multiple chest fractures evidence of a specific intent to kill.
“That is a stark error … an obvious error,” he said.
“The failure to consider a key piece of circumstantial evidence is an error at law.”
In December, Brougham, 53, of Whyalla, was acquitted of the July 2013 murder of Dianne Rogan but found guilty of the lesser charge of manslaughter.
Mrs Rogan’s body was found in the backyard of her Sharp St home, in a garden area near her spa bath, along with broken plastic lawn furniture and two plastic wine glasses.
At trial, prosecutors had alleged Brougham used his fists, feet and the furniture to stage a “sustained and extremely violent” attack when Mrs Rogan refused his sexual advances.
Brougham insisted he accidentally, not deliberately, killed Mrs Rogan as they argued in a spa pool about ending their adulterous relationship so he could pursue a Filipino bride.
In his verdict, Justice Sulan said he could not be satisfied, beyond reasonable doubt, that Brougham assaulted Mrs Rogan with the intention of killing or seriously harming her.
He said he could not exclude the possibility some of Mrs Rogan’s injuries were caused by Brougham’s drunken attempts to perform CPR.
Today, Mr Kimber said that was not the correct approach and ran counter to what Justice Sulan had written elsewhere in his verdict.
“In a circumstantial case, it’s trite to say that all of the relevant facts must be considered,” he said.
“In this case, one of the facts that was specifically found (proven) by His Honour was that some of the chest fractures had been inflicted in an unlawful way, with considerable force, by more than one blow.
“Those unlawful blows were plainly relevant to a proper assessment of whether the prosecution had established the specific intent to kill.”
Mr Kimber said Justice Sulan had instead focused on the injuries to Mrs Rogan’s face and head when determining the question of specific intent.
“He took, with respect, an unduly and erroneous approach to the assessment of intent,” he said.
The hearing, before Justices Tom Gray, David Peek and Kevin Nicholson, continues.
SA court asked to overturn manslaughter conviction, replace with murder, over 2013 death of Dianne Rogan
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