What led to the murderer still being in prison 30 years after his crime
“The front door was open. I got the shotgun out of the parka I put the shell in the gun going up the front steps.” Rockhampton shooter’s death in custody probed by coroner.
Police & Courts
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A Rockhampton murderer caught up in a love-triangle has died while serving his life sentence.
His sister told an inquest in February 2021 that her brother would pick fights with guards in order to stay in prison.
Phillip John Wust was found guilty and sentenced to life in prison after a trial in the Supreme Court in Rockhampton in October 1990.
A life sentence in Queensland at the time, for murder, was 25 years with a reduction possible for good behaviour.
The Morning Bulletin articles covering the trial and sentence stated Wust stood quietly and expressionless on October 31, 1990, as he was sentenced to life in jail by Justice Alan Demack for murdering the ex-husband of his ex-girlfriend.
The jury took about three hours to find Philip John Wust, 26, guilty of murdering Michael John Burrows.
In a coroner’s report published last month, it was revealed Wust was 56 years old when he died in Rockhampton Hospital, in Corrective Services custody, in January 2020 from liver cancer.
He was still serving his life sentence in Capricornia Correctional Centre and had been diagnosed with cancer in 2018.
Queensland legislation requires a coroner’s inquest for any prisoner who dies in custody.
Coroner Terry Ryan published his report into Wust’s death on June 11, after the inquest held on February 11, 2021, noting there were no comments or recommendations he could make that would assist in preventing similar deaths in custody in the future, or that would relate to public health or safety or the administration of justice.
His findings were: “ (Wust) developed hepatocellular carcinoma on a background of hepatitis C associated cirrhosis. After his final admission to hospital on 30 December 2019, he declined very rapidly after a relatively short illness. He was assessed as having an atypical infiltrative cancer, which are typically aggressive in nature. While it is possible that earlier diagnosis could have been achieved radiologically, even with an earlier diagnosis the outcome was likely to be palliative.”
The coroner’s report shared insight into who Wust was prior to the murder.
He had three siblings and was in the Australian Army in his 20s, and was said to have “gotten into trouble” on his exit.
He was convicted at 26 of supplying a dangerous drug and had been a packet-a-day smoker prior to incarceration.
He also drank two cartons of beer per week from age 17 until 27.
The historical articles about the trial which started on October 29, 1990, outlined how Wust murdered Mr Burrows in a Koongal residence on April 11, 1990.
The court heard Mr Burrows had divorced Bronwyn Burrows in 1980, but the couple later resumed their relationship.
Burrows had been working at Blackwater coal mines and had been staying with his ex-wife in Rockhampton on weekends.
During a dispute earlier in 1990, Mrs Burrows moved to a house in Rustic Street and had a relationship with Wust for two months.
However, Mrs Burrows told the court she had broken up with Wust several weeks before she reconciled with her ex-husband.
The court heard that Mr Burrows, his ex-wife and another woman had gone to the Ascot Hotel on the morning of April 7 where they saw Wust.
After they had been at the hotel for several hours, a fight broke out between Wust and Mr Burrows over remarks Wust made about Bronwyn Burrows.
Mr Burrows, his ex-wife and the other woman, Christine Llwellyn, had gone back to the women’s home at Rustic Street.
Mr Burrows had fallen asleep on the bed while his ex-wife and Ms Llwellyn went to another hotel.
The women had returned home about 7.15pm.
The court heard that at 7.30pm on April 11, Wust had gone to the house in Rustic Street.
Mr Wright said Mr Burrows had been resting in a bed at the house and his ex-wife Bronwyn had been sitting on the side of the bed talking to him.
He said Wust had walked into the house to the bedroom and had shot Mr Burrows.
The court was told Wust had said “Goodbye Michael” and Mr Burrows had said “No, don’t shoot Phil”.
Mrs Burrows said Wust was a heavy drinker, but did not appear to be affected by alcohol the night he shot her ex-husband.
She said she had seen Wust aim the gun at Mr Burrows and shoot him, and she then ran out of the house.
Mrs Burrows went to a neighbour’s house, but they would not let her inside, so she hid near their house.
Ms Llwellyn told the court she had seen Wust enter the house with the gun and he had told her to get out. She had seen him leave the house and follow Mrs Burrows.
Prosecutor Mr David Wright said Wust had planned the murder, and it had not been the impulsive act of a drunk.
“He even had the presence of mind to hide the shotgun in the park when he returned to the hotel.”
Mr Wright said an expert explained that gunpowder tattooing on Mr Burrows’ arm proved the muzzle of the gun was only 50cm to one metre away from him when it was discharged into his arm and chest.
But Wust’s barrister, Mr Phil Hardcastle, told the jury Wust had only intended to frighten Mr Burrows.
He said Wust had at least 25 vodkas and 15 stubbies of beer at the hotel on the day of the shooting.
“Why didn’t he just shoot him in the head if he intended to murder him?” Mr Hardcastle said.
The Morning Bulletin, on October 31, published evidence from government pathologist Dr Charles Paul Naylor, who told the court Burrows probably died within minutes of being shot.
The severity of injuries sustained from the shotgun had left Mr Burrows little chance of survival.
Dr Naylor said he retrieved eight projectiles from Mr Burrows’ chest and arm during a post-mortem.
One had passed through Mr Burrows’ forearm before entering the side of his chest.
Police scientific officer Michael Bennett Keller said the gun probably had been held between 50 centimetres away and one metre away from Mr Burrows when discharged.
Ascot Hotel resident Mr John McGregor said the men had fought at the hotel on the day of the shooting.
Wust allegedly had said he was going to “get even”.
Detective Sergeant Greg Strohfeldt said Wust had told him he meant to scare Mr Burrows, not shoot him.
Wust had told Det Sgt Strohfeldt he left the hotel, and had gone to his mother’s house, where he took a shotgun, shells and a coat to hide the gun and had caught a taxi to the Rustic Street house.
“The front door was open. I got the shotgun out of the parka I put the shell in the gun going up the front steps,” Wust allegedly said.
Wust said he then held the gun at Mr Burrows, but only to frighten him, Det Sgt Strohfeldt told the court.
He had told the officer he rang Rockhampton police to give himself up. Wust was put through to the North Rockhampton station, but he hung up after it failed to answer.
After 14 years in custody, Wust was granted a release to work order which allowed for leave of absences for the purpose of employment.
He relocated to Brisbane where he met and married Julie Trewartha. The pair were wed on July 24, 2013.
A month later, Wust returned a positive drug test and was returned to prison until his parole was reinstated on January 7, 2014.
Five months later, Wust’s mother died and it was a further five months later when his wife suddenly died.
Wust was charged with common assault on February 27, 2016, was found guilty in March and his parole was suspended indefinitely.
Wust had told his sister, Margaret, that he was a ‘lifer’, and would die in prison.
She believed that being in prison was the best place for him, as he was used to the regimental lifestyle consistent with his service in the army.
She stated Wust would do things to stay in prison, like have arguments with the guards.
For information about Wust’s medical treatment while in custody, read the Coroner’s report here: Findings of Inquest into the death of Phillip John Wust.
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