THE eldest daughter of slain former Swan Hill woman Samantha Fraser has told a Melbourne court she spent months “writing and crossing out words that will never compare to the damage this man has done to our lives”.
“My life. He murdered my mum,” Jemima told the Supreme Court from the witness stand as husband killer, Adrian James Basham, faced a pre-sentence hearing on Monday.
Basham was found guilty earlier this year of violently attacking her mother at their Phillip Island home on July 23, 2018, and then staged her death to look like a suicide.
The alarm was raised when Ms Fraser failed to pick up her three children from school.
Basham, 46, later claimed that his wife had killed herself in the moments after he brutally bashed her because she was severely depressed.
“I had my whole life ripped away. I lost my mum, a dad, my social life, and a chance at a normal future,” Jemima said.
“Kids want to come up to you with all sorts of mean comments and theories like, ‘I bet her mum didn’t even die and she’s doing it to get attention’.
Her nine-year-old sister, April, told the court that her world was turned upside down.
“It just feels like there is a gap nestled in my heart somewhere,” she said in a statement that was read to the court.
“On special occasions, I come to the realisation that mum is not waiting for me.
“The memories I have of her I have to cherish because they are all I have. He took the best part of my heart away, by taking her away.”
The three children are now being cared for by their grandparents, Trevor and Janine Fraser.
Mr Fraser told the Supreme Court that his fondest memories of his daughter, were clouded by her violent death.
“When Adrian entered the garage after Samantha drove in … she would have known what was about to happen,” Mr Fraser said.
“It is also impossible for any of us to fully understand the initial confusion in the minds of these three young children, then aged nine, seven and five years old, being left forlornly waiting after school at the flagpole for a mother who never arrived to collect them.
“Nor to understand their trauma, their grief and even their anger upon realising that it was their dad, who should have loved them, but who ultimately has destroyed their lives.”
Mrs Fraser said Samantha’s third child, Rex, was “so afraid his father would be out of jail during the trial”.
“Mother’s Day, birthdays, Christmas are all days forever now tainted with grief,” she said.
Defence lawyer Ashley Halphen told the Supreme Court that the killing was not premeditated.
“There’s no evidence that Mr Basham was aware of the existence of the rope until he was inside the garage,” Mr Halphen said.
“The use of the rope arose then in circumstances of spontaneity,” he said.
But Justice Lesley Taylor pushed him on this argument.
“A purpose of visiting her, short of killing her, is not in his interests,” Justice Taylor said.
“If Mr Basham went there thinking that Ms Fraser was going to be alive when he left and with the intention to get her to withdraw the rape complaint … why the need to leave his own phone behind,” she said, referring to an attempt to cover his tracks.”
The hearing was suspended after a “highly distressed” Basham interrupted the hearing.
“He’s not following the proceedings adequately,” Mr Halphen said.
“Your honour, I don’t feel as though we enjoy his confidence, at least at the moment. I don’t feel comfortable continuing on with the plea today,” he said.
“He’s not following the advice that we’ve given him in relation to explaining what’s going on, explaining some of the arguments that have been raised and why they’ve been raised.”
“I have consequent concerns about the future as far as Mr Basham accepting the manner in which this matter has proceeded.”
Justice Taylor accepted the “experienced and very credible opinions” of Mr Halphen and adjourned the pre-sentence hearing until October.
“I want to make it very plain. These proceedings must be heard, however difficult Mr Basham finds them,” she said.
“We are here because he has been found guilty and there’s a very live question that I must determine, that he now has no input into [it] whatsoever.”
If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.
