Andrew Baker: Murder trial delayed after key witness ‘unable’ to give evidence
The trial of a Melbourne man accused of killing his ex-girlfriend and leaving her body to rot in a bathtub has faced a setback.
The trial of a Melbourne man accused of killing his ex-girlfriend in a fit of jealousy has suffered a setback after a key witness fell ill, a court has been told.
Andrew Baker, 55, is facing trial in the Supreme Court of Victoria over the alleged murder of Sarah Gatt in April 2017 in her Kensington home in Melbourne’s inner northwest.
He pleaded not guilty and has denied any involvement in her death, which went unreported for more than eight months until police discovered her decomposed body hidden under “household junk” in a bathtub at the property in January the following year.
On Wednesday, the court was told Leona Rei-Paku, Ms Gatt’s ex-girlfriend and a key witness for the prosecution, was unable to complete her evidence and the jury would be sent home.
“Unfortunately, we are not able to proceed today … Ms Rei-Paku is unwell and not able to give evidence,” Justice Jane Dixon told the jury shortly before noon.
“It’s very inconvenient for you coming all the way in here and not being able to proceed … but of course this is a big trial for the accused and the community.
“It’s completely beyond everyone’s control.”
Ms Rei-Paku had been expected to finish giving her evidence on Wednesday before being cross-examined by Mr Baker’s barrister John Saunders.
On Tuesday, she told the jury she last saw Ms Gatt in the early hours of April 19, 2017, when the pair had allegedly decided to resume their relationship.
She said in the weeks after she questioned Ms Gatt’s on-again-off-again boyfriend “Andy Baker” about where she was but was assured she was in rehab and would be out soon.
Ms Rei-Paku said every fortnight she would buy a six-pack of alcohol or drugs and visit Ms Gatt’s home but no one would answer the door.
Fighting tears on the witness stand, she said at some point later she was invited to Ms Gatt’s home by Mr Baker after confronting him at a Brunswick home.
When they arrived after catching a tram, she said Mr Baker told her he’d discovered “something” in the upstairs bathroom.
“He had mentioned something about you’ve got to see this,” she said.
“What I saw was a foot and a funny-looking ankle … I didn’t know it was real.
“I said, ‘What is this?’ He told me, ‘We thought it was you’. That made me panic.”
She said she ran from the home and didn’t tell anyone about what she saw until she was arrested by police when they found Ms Gatt’s body.
Last week, Crown prosecutor John Dickie told the court the case against Mr Baker alleged he killed Ms Gatt between April 19 and 22 and was “extremely jealous” of her relationship with Ms Rei-Paku.
He told the jury it was alleged Mr Baker invited associates, including Ms Rei-Paku, over to the Kensington home in mid-August to “witness his discovery of a body”.
“It’s alleged he knew the body was already there,” Mr Dickie said.
“It’s alleged he left the body there months earlier.”
Mr Dickie said it was alleged that Mr Baker told associates Ms Gatt was in a psychiatric hospital or rehab to divert suspicion.
Mr Saunders had earlier told the jury they could not rule Ms Rei-Paku out as a suspect.
“Our submission is that at the end of the trial you will find the evidence doesn’t establish the fact that Andrew Baker murdered Sarah Gatt,” he said.
He said there was a “total absence” of evidence to support the murder allegation and questioned whether the jury could rule out her death being the result of an accident.
Ms Gatt’s body was discovered partially naked on January 3, 2018, in the upstairs bathtub of her Kensington home bound in electrical cords.
Forensic pathologists were unable to determine any injuries or cause of death due to her “extreme decomposition”, according to Mr Dickie.
The trial is expected to resume on Thursday.