WIFE killer Adrian Basham has lost his battle to keep the family house where he brutally murdered former Swan Hill College captain Samantha Fraser.
Basham is serving a life sentence for murdering his estranged wife and mother of his children on July 23, 2018.
He had hoped to rent out the Cowes house to bankroll his appeal against his conviction, however, a Supreme Court judge ruled on Tuesday that the property be forfeited.
The Director of Public Prosecutions argued the Phillip Island property was tainted property by virtue of Basham obtaining an enlarged interest in the property by survivorship following the death of Ms Fraser.
Justice Lesley Taylor said: “I am of the view that the real property should be forfeited.
“I am satisfied that it was used in connection with the murder Basham committed, indeed it was instrumental to it.
“It was a premeditated murder that occurred against a background of family violence and seven days before Ms Fraser was to give evidence in the committal hearing of rape allegations she made against Basham.”
In July 2018, Basham had laid in wait for two-and-a-half hours outside his former family home for Ms Fraser to return after dropping their three children off at school.
He attacked her as she drove into the driveway, beating her then making her death look like a suicide before fleeing on his motorbike.
Basham submitted that he maintained his innocence and intended to appeal his conviction.
He claimed the property was bought in joint names but he was the sole financial contributor to its purchase price.
He told the court the property could be rented out for the benefit of his children.
“If it is sold it will cause undue hardship to them,” he claimed.
However, Justice Taylor said the property in question had not been the residence of Basham for about a year before the offence and was now vacant.
“Evidence before me during the plea hearing was to the effect that the vacant house causes significant stress to the parents of Samantha Fraser, who are now guardians of her three children,” she said.
“I do not accept the submission that forfeiture will cause Basham’s children undue harm.
“Those three children, as well as the parents of Ms Fraser, have filed compensation applications.
“Any order for compensation must be paid out of forfeited property. And, given the circumstances of their mother’s death, I am doubtful that her children would wish to derive rental income from the property.
“Further, there is no evidence that Basham has to date taken any steps to allow his children financial benefit from his interest in the real property.”
The proceeds of the property, and the motorbike, are likely to go to Basham’s two children.
