Jail term stands for Rebels bikie after Russian roulette-style killing
SIX years minimum jail for a Rebels bikie who shot dead his girlfriend in a Russian roulette-style killing was not manifestly inadequate, the Court of Appeal has ruled. But Karen Belej’s furious family say they will take the fight to the High Court.
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SIX years minimum jail for a Rebels bikie who shot dead his girlfriend in a Russian roulette-style killing was not manifestly inadequate, the Court of Appeal has ruled.
The DPP had pushed for a higher sentence for Brandon Osborn who was given just nine years and two months with a non-parole period of six for the reckless killing of Karen Belej at their Mildura home in May 2016.
But justices Mark Weinberg and David Beach today rejected the appeal, despite opposition by a third judge, Justice Stephen McLeish.
Justice McLeish said he would have re-sentenced Osborn to 12 years with a non-parole period of eight years. But a majority rules.
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Ms Belej’s distraught family slammed the decision, saying the judiciary had failed to meet community expectations.
“It’s not the result that we wanted today. But it’s not so much the result that we wanted, but the community wanted,” her brother Chris said outside court.
“The judiciary baulked at an opportunity to set a new benchmark today.”
He said the case against his sister’s killer went sour the moment the prosecution struck a deal to downgrade his murder charge to manslaughter. “It was wrong,” Chris said.
Ms Belej’s father Gerry added: “This was no accident. It was an execution-style murder.” Osborn, 37, a patched member of the Mildura chapter of the Rebels outlaw motorcycle gang, admitted he loaded the gun with one bullet then put it to Ms Belej’s forehead and pulled the trigger.
But he claimed he never intended it to discharge.
He had initially looked at the left side revolver chamber and seeing there was no round, put the gun to his own head and fired.
When Ms Belej, 31, then said to him, “You’re pointing that at the wrong person”, he repeated his actions, checking the left side chamber was empty, before pointing it at her head.
But when he pulled the trigger this time, it fired a bullet, killing her instantly.
He told police he had been mistaken and the revolver’s chamber was rotating the opposite way to a previous gun he had.
Justices Weinberg and Beach said the sentence may be regarded as “somewhat lenient” but do not meet the high threshold of being manifestly inadequate for a manslaughter charge.
The Belej family said they have lost faith in the legal system, but would push the DPP to take their fight to the High Court.
“The fight is not over,” Chris said.
“In parliament, approximately 12 months ago, Daniel Andrews articulated to me that we should never doubt his resolve for a strong statute in Victoria when it come to victims of domestic violence and violence in general in the community.
“This statute is looking pretty weak at the moment.
“This has to be taken to the High Court. We as a community can’t be held in contempt the way that we have.
“We can have all the rallies we like in the world. Until the judiciary’s start to give us judgments that are in line with community expectations, this is going to continue.”
He said his sister had become just another forgotten victim.
“She’s just another stat,” he said.
“I miss my sister terribly. But this stopped being about Karen a long time ago.
“It’s about our state and what we stand for as a community.”
The family had white ribbons pinned on their chests to honour Ms Belej, who was a passionate domestic violence campaigner and White Ribbon Foundation ambassador The Mildura council human resources manager had met Osborn at a nightclub where he worked security in 2003.