Jealous dad guilty of murdering ex in front of kids

A man has been found guilty of murdering his former partner in front of their three children after becoming enraged about her new relationship.

A jealous Victorian father, who killed his former partner by stabbing her in the neck as their three children tried to protect her, has been found guilty of murder.

A Supreme Court jury returned its guilty verdict against James Leonard Fairhall on Tuesday following three days of deliberations after a trial that outlined shocking domestic violence against Noeline Dalzell.

The court heard Fairhall had a history of violence against Ms Dalzell, 49, with court orders in place preventing him from being at her house.

But in an ill-fated decision, the mother of three had allowed him to sleep on the lounge at the family’s Seaford home, where he would fatally stab her on February 4 last year.

Noeline Dalzell, 49, was killed by her former partner, James Fairhall, at her Seaford home on February 4, 2020.

Fairhall became enraged after finding out three days before the killing that Ms Dalzell had started a new relationship with her high school friend, Kevin Blain.

He had initially called Mr Blain from Ms Dalzell’s phone to give his blessing, but then later rang again to threaten he would kill him.

The pair’s three children – Paige, then 16, Zach, 15, and Olivia, 13 – told the court how they came home from school to find their parents arguing.

They had never seen their father that angry before and suspected he had been drinking.

They detailed how their dad then armed himself with a large kitchen knife and put it to their mother’s throat as he made her sit on the couch.

When she managed to free herself, her and the kids ran into Zach’s room.

But Fairhall followed.

Ms Dalzell was murdered by her ex-partner.

Prosecutor Jane Warren detailed the next moments as Fairhall tried to barge through his children and lunge at Ms Dalzell.

“Noeline was backed up against the cupboard or drawers in the corner of that room, and Paige and Zach were standing between her and the accused, trying to protect her,” Ms Warren said.

“Olivia was to the side of the accused, and all three children were yelling and screaming for him to stop.

“The accused then reached over the top of Zach and Paige with the knife, which he held with the blade pointing downwards, and he then stabbed Noeline to the left side of her neck.”

Ms Warren said the couple’s relationship, which was on and off since 2002, had been “marked by conflict and at times abusive behaviour”.

“This was not a loving, harmonious relationship,” she said.

Fairhall had pleaded guilty to manslaughter.

But the prosecution was adamant it was murder and persisted with him standing trial.

His lawyer Jarrod Williams said by pleading guilty to manslaughter, Fairhall had taken responsibility for killing his former partner.

He acknowledged his client’s behaviour towards Ms Dalzell was “deplorable” and “shameful”.

“His behaviour on that day, on any view, constitutes serious family violence,” Mr Williams said.

“None of that’s in dispute, and I’m not going to be saying anything to you to contradict that.

“That doesn’t mean he’s guilty of murder.”

He told the jury that his client never intended to kill her or cause serious harm.

They did not agree and in an unanimous decision, found him guilty of murder.

Fairhall will face a pre-sentencing hearing in the new year where the prosecution will outline a suitable punishment for his hideous crime, while his legal team will detail any mitigating factors that could reduce the time he spends behind bars.

Justice Jane Dixon will then sentence him at a later date.