Milat murder appeal angers victim's family

Written By Unknown on Jumat, 13 Desember 2013 | 19.51

A great-nephew of Ivan Milat is appealing his 30-year jail term for the axe murder of his friend. Source: AAP

THE great-nephew of serial killer Ivan Milat wants his murder sentence halved, infuriating the family of the boy he slaughtered.

Teenage axe murderers Matthew Milat and Cohen Klein are appealing the severity of the sentences handed down last year for the murder of their friend David Auchterlonie in Belanglo State Forest in November 2010.

David was murdered on his 17th birthday.

Milat was sentenced to at least 30 years, with a maximum term of 43.

Klein was jailed for at least 22 years, with a maximum 32-year term.

Deputy senior public defender John Stratton SC, representing Milat, told the Criminal Court of Appeal that although it was a heinous crime, it "was not in the worst class" of murder.

Instead, he put forward a maximum 22-year jail term with a non-parole period of 15 years.

Mr Stratton submitted to the judges various cases where murderers had their sentences cut, and that there was little evidence of torture.

But Justice Robert Hulme said nine months after the killing, Milat wrote chilling letters that showed "unrepentant enjoyment at the prospect of callous murder".

Justice Hulme called the reduction to a 22-year sentence "bold".

Klein's barrister, Janet Manuell SC, said Milat was the "dominant" one - who found the weapon, organised to bring the victim to the forest, struck the blow and bragged about it later.

"The role of (Klein) was one of support and facilitation," Ms Manuell said.

"There was some evidence of remorse."

David's mother, Donna Locke, spoke to reporters outside court as friends unfurled an Aboriginal flag behind her with "R.I.P David Always" written on it.

"I'm disgusted and outraged and hurt, as it's ridiculous and wrong to think that we are back here today," Ms Locke said.

"David was not given a chance to appeal his death sentence.

"They deserve to be there for the rest of their lives and take their last breath in jail, and leave in a body bag to the morgue just like my son left the forest."

Ms Locke said Milat was trying to be a "copycat" of Ivan Milat and that if the pair could commit such a callous crime at such a young age, they're bound to reoffend.

The axe attack took place in the same NSW Southern Highlands forest where Ivan Milat murdered seven backpackers in the early 1990s.

Crown prosecutor Nicole Noman SC, who is opposing any reduction in the sentences, said the killing was planned, premeditated and a "thrill kill".

"Each of them performed a different ... but meaningful role to make sure this planned murder occurred," Ms Noman said.

"It was cold, it was calculated ... it was not momentary."

Ms Noman said Milat at one stage asked Klein if he could "feel the adrenaline".

After the killing, Klein mentioned to Milat that he was "going down the path of his uncle" and showed "a form of admiration", she said.

The three-judge appeal panel will make its decision at a later date.


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