Shock twist in case of murdered Phillip Island mum Samantha Fraser

A Phillip Island mum was to be the key witness in a rape trial. But her death means the charges against her killer have been sensationally dropped.

Samantha Fraser was murdered by her husband Adrian Basham.

Convicted wife killer Adrian Basham will not face trial over allegations he repeatedly raped his former wife in their family home in the years leading up to her death.

Basham, who was in April found guilty of murdering his estranged wife Samantha Fraser at Phillip Island in 2018, was also charged with raping her on three occasions in 2014 and 2016.

But the Herald Sun understands the Office of Public Prosecutions has made the shock decision to drop the sexual assault charges.

The decision comes as lawyers for Basham had attempted to block reporting on the upcoming rape trial, with an application to suppress the proceedings to be heard in the County Court on Tuesday.

Adrian Basham killed his estranged wife and tried to make it look like suicide. Picture: Supplied

Samantha Fraser was murdered at her home in Cowes.

Ms Fraser was found hanging her in Cowes garage the day after her 38th birthday in July 2018 after failing to pick up her three young children from school.

Basham had professed his innocence throughout a six-week Supreme Court trial.

But it took less than two days for 12 jurors to find him guilty of brutally killing Ms Fraser in the home she shared with the couple’s children and staging a suicide scene.

Ms Fraser was due to testify against her estranged husband at a committal hearing on July 30, 2018 – telling a friend she was “ready for court and to tell her story”.

Ms Fraser was killed by Basham on July 23.

Adrian Basham being taken into Bairnsdale Magistrate's Court. Picture: Lawrence Pinder

The court heard in 2014 Basham allegedly locked Ms Fraser in the pantry and raped her while her children were nearby.

“Samantha Fraser said something like, ‘What are you doing? The kids are out there. No.’ But the accused pulled down her underwear,” Crown prosecutor Nanette Rogers SC told the jury.

Basham is accused of raping Ms Fraser on two further occasions in 2014 and 2016 while she was asleep.

Ms Rogers said during the latter alleged assault, Ms Fraser “froze for a moment before pushing herself off the accused and getting out of bed”.

“She told the accused, ‘You can’t do that, I was asleep, that is rape.’” Ms Rogers told the jury.

It is understood the OPP has filed a notice of discontinuance and plans to announce the decision at Tuesday’s hearing.

Basham will face a pre-sentence hearing for the single count of murder in September.