Hobart Supreme Court: James Kenneth Austin sentence hearing for murder of Jacqui Lee Bergman

The grieving daughter of a Tasmanian woman, who was run over and killed by her abusive partner, has told a sentencing hearing she wore a blindfold at her mum’s funeral to avoid seeing her facial injuries. What the court heard >>

Jacqui Lee Bergman. Picture: Facebook

The grieving daughter of a 37-year-old Tasmanian woman, who was run over and killed by her abusive partner at Campania in March 2023, has told a sentencing hearing she wore a blindfold when farewelling her mother to avoid seeing her facial injuries.

James Kenneth Austin, 40, appeared in the Hobart Supreme Court on Monday following his 17 June guilty plea to the manslaughter of Jacqui Lee Bergman.

Ms Bergman’s eldest child, Shakira, read a victim impact statement revealing the never-ending emotional pain caused by the mother-of-four’s senseless and violent passing on 13 March, 2023.

Detailing her insecurities about having to become carer to her three younger brothers following the incident, Shakira told the court she still watched old family videos just to remember the sound of her mother’s voice.

“Mum was beautiful to be around, and a free spirit who had no fear,” Shakira said.

“She was the one person in the world who never let us down.

“Mum, you are the face I still look for in every crowd.

“And I love you and miss you with all my being.”

Leanne Walford holding a picture of daughter Jacqui. Picture: Nikki Davis-Jones

Emotional statements were also delivered by Ms Bergman’s sisters, while their mother, Leanne Walford, told the court her eldest daughter would have had her 40th birthday earlier this month.

“Instead of joy and celebration, our family was engulfed in mourning,” Ms Walford said.

“Losing Jacqui has changed my life in every way possible.

“She didn’t deserve to leave this earth in such a gruesome way.

“I grieve for her every day, and will until I take my last breath.

“Her life mattered.”

Presenting the Crown facts to Justice Michael Brett, prosecutor Heather Denton said that Mr Austin had been controlling and violent to Ms Bergman during the course of their four-year, on-and-off relationship, and at the time of the incident was subject to family violence order.

Ms Denton said Mr Austin had driven his car at his partner on a number of occasions prior to the fatal incident, with Ms Bergman previously showing her mother evidence of skid marks on Mr Austin’s gravel driveway, and prickles lodged in her clothing after being forced to dive into bushes.

Campania man James Austin, 38.

The court heard that after poor mobile phone reception thwarted Ms Bergman’s attempts to call a taxi to Mr Austin’s farmhouse at 1.30am on the night of the incident, she had set off down the long driveway on foot.

The unlicensed defendant then used his father’s Commodore to drive in his partner’s direction at speeds between 20kmh and 30kmh, before striking Ms Bergman in the left knee and dragging her under the vehicle.

The court heard that Mr Austin stopped the vehicle, left Ms Bergman lying on the driveway without attempting CPR, and walked back to his farmhouse to go to bed.

Later that morning, attending police officers found a blood-stained flannelette shirt in the dwelling’s laundry sink.

Ms Denton said that a subsequent police collision reconstruction revealed Ms Bergman would have been clearly visible to Mr Austin for 32.4m, using low-beam headlights.

Defence counsel, Kim Baumeler, said Mr Austin had pleaded guilty to the charge of manslaughter at the earliest available opportunity, and said her client was remorseful for his actions.

Justice Brett remanded Mr Austin in custody for sentence on Thursday, July 3.

Originally published as Hobart Supreme Court: James Kenneth Austin sentence hearing for murder of Jacqui Lee Bergman