Former professional boxer Richard Jackson pleaded guilty to assault
A man who enlisted somebody to forcefully evict his mate from his Doveton bungalow amid rising tensions, resulting in his death, has been sentenced in court.
South East
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A man accused of hiring someone for a “forceful eviction”, which escalated to the death of his “close, trusted friend”, will not be sent back to jail.
Richard Jackson, 49, appeared in the Melbourne Magistrates’ Court for a summary jurisdiction application on Monday and was successful in applying for his case to remain in the lower court.
The former professional boxer pleaded guilty to a downgraded charge of common law assault after the murder charge he was initially facing was withdrawn earlier this year.
The magistrate said sentencing was a “difficult exercise” as he could not sentence on the basis Jackson was responsible for Brendon Farrell’s fatal injuries.
He ordered Jackson be assessed for a corrections order, which he indicated could be served in conjunction with the prison term already served.
On Tuesday he was convicted and sentenced to 227 days time served and ordered to complete a community corrections’ order for 18 months.
It includes supervision and conditions to engage with drug treatment and programs to reduce offending.
Prosecutor Anne-Marie Stephanidis told the court it was the prosecution’s case that Jackson engaged co-accused Terence Tiamalu to “evict” his friend Brendon Farrell from his Doveton property “by force”.
It was alleged he knew the eviction “would involve an assault” and while he didn’t assault him himself, he was “complicit” in that he encouraged and directed it.
“It is not alleged Jackson foresaw the probability of death or really serious injury,” she said.
The court heard victim impact statements from Farrell’s mother and sister.
In a statement read to the court his mother said her son would “never have expected his friend.. would assault him”.
“I’m unsure of what role, if any, Richard played in the death or hiding his body but to me, the end result is the same.
“I am hurting and grieving and feel his loss each and every day.”
She touched on how “too many pieces of the puzzle” were missing and not knowing why was the hardest part for her.
His sister said she had been “affected in so many ways” and most of her emotions were linked to the fact Jackson was meant to be her brother’s “close, trusted friend”.
She added she was traumatised by the thoughts of how “scared and lonely” her brother would have been in his last moments.
The court heard Farrell, a forklift driver, had been renting out a bungalow at the back of Jackson’s property for about a year, but the months leading up to the planned eviction saw increasing tension between the two.
About midday on May 31, 2021, Farrell stepped out of his bungalow and made a beeline towards the main house to use the bathroom.
He was met by Tiamalu, who quickly “snapped” and allegedly began slapping Farrell on the face, grabbed him by the scruff of the shirt and pulled him towards the couch.
Then, holding him between his legs, he allegedly repeatedly punched him to the head and face.
The court heard Farrell‘s partner, who was in the bungalow, heard him screaming for help before Jackson stepped into the bungalow and told her he was “looking for a tin of rare coins and prescription medication” he believed had been stolen from him.
The court heard Tiamalu then allegedly entered the bungalow and told Jackson he had “done some redecorating inside the house” and “there was blood everywhere”.
Seeing what she thought was blood on Tiamalu’s boots, and in fear of her safety, the partner moved to leave and was allegedly told: “you’ve seen nothing here”.
Later that day another witness, who had also left the house after observing the assault, returned Tiamalu‘s car and allegedly witnessed him carry Farrell to the car and place him in the rear footwell.
Sitting in the front passenger seat while Tiamalu drove him home, he allegedly heard Farrell “snoring very loudly and quivering intermittently” and assumed he was asleep from being “knocked out or choked or something”.
Farrell was reported as a missing person that night and police attended the home about 7.15pm to conduct a welfare check.
They were met by Jackson, who told them he had not seen him since the previous day.
On June 1 Jackson allegedly told Farrell’s mother he had not seen her son for about five days.
After being arrested and interviewed on June 3, Jackson told police he last saw Farrell riding away on a pushbike.
Farrell’s body was located by police at a Noble Park property on July 9.
His body, wrapped in a blanket, was hidden in a canoe.
Jackson, who the court heard had relevant prior convictions but also had an acquired brain injury, is one of three co-accused.
The court heard Terence Tiamalu, 31, will likely face trial over a single charge of murder in the Supreme Court, while the other accused, Robert Haapokoski, 50, is set to plead to being an accessory after the fact in the same court.
