Supreme Court hears emotional victim impact statement from husband of slain Whyalla woman Dianne Rogan
PROSECUTORS will appeal against a judge’s verdict that the man who killed Whyalla woman Dianne Rogan was guilty of manslaughter but not murder.
PROSECUTORS will appeal against a judge’s verdict that the man who killed Whyalla woman Dianne Rogan was guilty of manslaughter but not murder.
The Director of Public Prosecutions will argue Justice John Sulan erred in acquitting Bevan John Brougham of the murder of Mrs Rogan in her backyard in July 2013.
Mrs Rogan’s husband Kevin today told Brougham of the “life sentence” he had inflicted upon his family when he bashed his wife to death next to her backyard spa in Whyalla in July 2013.
Brougham, 53, went to trial charged with Mrs Rogan’s murder but was convicted by Justice John Sulan of the lesser charge of manslaughter.
The court heard Brougham had gone to the home wanting to have sex with Mrs Rogan and attacked her after she likely refused his advances.
Outside court, Mr Rogan said he was disappointed with the manslaughter verdict, which will be the subject of an appeal by the Director of Public Prosecutions.
“I was very disappointed in that, and the matter has gone to appeal on the full bench and that will be heard later this year,” Mr Rogan said.
Justice Sulan said he could not be satisfied that Brougham, who was extremely intoxicated, had intended to kill or cause Mrs Rogan serious harm.
In an emotional victim impact statement this morning, Mr Rogan said he rejected a letter of apology written by the killer.
“I have received a letter from the defendant just moments ago, I have read it and it is too little too late,” he said.
“I believe that the letter given to me is contrived just to affect the outcome of (these proceedings).”
Mr Rogan said his wife was a vibrant and popular member of the Whyalla community and had been the rock of his family.
“We had been married for 34 years and what happened to Dianne was evil and cowardly and hurts me every day,” he said.
“The brutal attack that night has devastated our family and given us all a life sentence with no answers.”
Mr Rogan said his family would likely never know the reason why Brougham inflicted the deadly attack then left the 52-year old to die in the cold and rain.
“I go to sleep every night with images in my head of her being attacked and beaten to death by you,” he told Brougham.
“I know that she fought for her life, called for help and gave her all to save her life.
“I think of her as she lay alone in our garden, gasping for breath and holding on to life, while you just walked away.”
The court heard Mrs Rogan’s children, nieces and nephews and grandchildren had been left confused and angry.
“I feel physically sick knowing how much they miss their Mum. I am haunted by the horrific scene that confronted (daughter Rebecca) when she popped over to see why her Mum was not at work,” Mr Rogan said.
“Dianne’s death has poisoned our community and you are the disease which has poisoned it.”
Mr Rogan said he had lost his “soulmate, travelling partner and wife” and was struggling to cope with day to day life.
“My faith tells me to forgive, but my heart says that is not possible,” he said.
Justice Sulan also heard a victim impact statement read on behalf of Mrs Rogan’s three young grandchildren, who spoke of missing sleepovers and going to the beach with their Nanna.
“The thing I miss most is telling her I love her, and giving her big hugs and kisses. I wish she was still here,” her six-year old granddaughter wrote.
Brougham faces a maximum penalty of life in prison for manslaughter and prosecutor Mark Norman said he deserved no discount for any guilty plea or contrition or remorse.
Justice Sulan said he did not accept Brougham’s version of events at trial, when he told the court he had merely kicked Mrs Rogan after she bit his foot in the spa.
Brougham claimed the other injuries were sustained as he tried to pull an unconscious Mrs Rogan from the spa and gave her CPR.
“I reject any suggestion that these injuries were caused by being dropped and I reject any suggestion that she was unconscious when she was taken from the spa,” Justice Sulan said.
“This unfortunate woman was subjected to a high level of violence in a drunken situation.”
Mr Norman said Brougham had repeatedly lied about the incident to police and the court and deserved no discount on his sentence.