Ryan Bayldon-Lumsden googled manslaughter self-defence, Supreme Court told
A Gold Coast city councillor accused of fatally choking his stepfather Googled manslaughter self-defences two days before the killing, the Supreme Court has been told.
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A Gold Coast city councillor accused of fatally choking his allegedly abusive and controlling stepdad Googled manslaughter self-defences two days before the killing, the Supreme Court has been told.
But Ryan Bayldon-Lumsden has been freed on bail after an urgent application by his lawyers who said he feared his “angry” stepfather was going to stab him with a kitchen knife.
Ryan Bayldon-Lumsden, 30, was charged with murdering Robert Lumsden, 58, during an altercation over a $25 bakery lunch at their Arundel home last week.
Police alleged in court documents that Cr Bayldon-Lumsden told them he had been in an “abusive and coercively controlled” relationship with his stepfather who controlled his finances and even his employment at the council.
Documents allege Mr Lumsden gave his stepson $25 to buy lunch at a local bakery and told him not to spend any more and later “belittled” him for about two hours, leading to the fatal fight.
Cr Bayldon-Lumsden told cops he had trained in martial arts, knew “certain choke holds that could render a person unconscious” and restrained his “flailing” stepfather for about two minutes before he stopped moving and “went limp”, documents filed as part of the bail application allege.
Bayldon-Lumsden was not in court for the bail hearing but supporters including his crying mother were in the public gallery.
Defence barrister Craig Eberhardt KC told the court that the alleged murder took place against an “appalling” background of “significant” domestic violence.
Mr Eberhardt said a sobbing Bayldon-Lumsden told police he had been “controlled, manipulated, dominated, abused and threatened for years” by his stepfather who also “repeatedly threatened to kill him if he didn’t do what he was told”.
Mr Eberhardt referred to evidence that Mr Lumsden was a “heavily-built” man who weighed more than 115kg while Bayldon-Lumsden’s weight had dropped to 53.8kg because of the “stress and anxiety” of living with his stepfather.
The barrister said Bayldon-Lumsden told police that on the day of the alleged murder, his stepfather had pushed him hard in the chest before a struggle in which Mr Lumsden had tripped over a cat bowl and fallen over.
Bayldon-Lumsden told police he was worried his stepfather might get hold of a kitchen knife on the bench and kill or seriously injure him, and tried to restrain Mr Lumsden in a headlock to make him pass out with “no intention” to hurt him.
Mr Eberhardt said Bayldon-Lumsden had practised kung fu but that was when he was a teenager.
He also referred to police evidence that Bayldon-Lumsden made several Google searches about manslaughter self-defence two days before the alleged murder.
It included a search about alleged Gold Coast bikie Christos Panagakos who in March was acquitted of the shooting manslaughter of his ex- girlfriend Ivana Jovanovic.
Mr Eberhardt said police were “latching on” to the Google searches as evidence of intent but they could not prove any intention “at all”, adding the Crown case was not strong.
He said Bayldon-Lumsden had no criminal history, strong ties to the community and was described by his family as a “calm, gentle and peaceful man”.
Mr Eberhardt said that unlike someone like crime lord Tony Mokbel, Bayldon-Lumsden did not have the character or resources to flee, and his passport had been seized by police.
He said it was a “tragic case” against a backdrop of “serious domestic violence” against his client.
Katrina Bayldon had offered a $400,000 surety against her house to secure him bail.
Crown prosecutor Matt LeGrand opposed bail, saying the case against Bayldon-Lumsden was “reasonably strong” and he was a flight risk.
Mr LeGrand said Bayldon-Lumsden was “in a position of ascendancy” during the struggle with his stepfather and there was no suggestion Mr Lumsden had reached for the knife.
Judge Lincoln Crowley said the Crown case included medical evidence about Mr Lumsden’s multiple injuries, including a fractured thyroid which would have required “significant force”.
Justice Crowley said the case could involve defences including self-defence and “killing for preservation” in an abusive domestic relationship.
He said he considered Bayldon-Lumsden was a risk of failing to appear in court but that risk could be mitigated with bail conditions including a $250,000 surety.
Bayldon-Lumsden’s bail also requires him to move out of the family home and live with his girlfriend, former Cirque du Soleil performer Bianca Ruyssenaers.
Speaking outside court, Bayldon-Lumsden’s lawyer Jason Murakami said that men could be victims of domestic violence as well.“We need to show them the same compassion and support as we do other victims of domestic violence,” he said.
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