Gavin Fogwell in court for murdering his wife’s lover
A MAN killed his wife’s lover after he found out there was a possibility he was not the father of her unborn child, a court has heard.
A PREGNANT woman begged her husband to stop driving back and forth over her lover after an argument about who was the father of her baby.
Adam Moody was killed by Gavin Fogwell who repeatedly drove over his love rival outside a petrol station in Melbourne’s Deer Park last October.
Fogwell admitted to arresting officers that he’d run over Mr Moody up to 10 times, and he later pleaded guilty to the murder in the Victorian Supreme Court.
“I didn’t ****ing stop,” he is heard telling police in a video played to the court on Wednesday.
“You reckon he was tough? He didn’t ****ing survive that.”
Fogwell, 48, had been following his wife and Mr Moody on October 2.
His wife had recently moved back in with Fogwell after earlier leaving him for Mr Moody.
Fogwell confronted the pair as they were getting petrol, according to the agreed prosecution summary, and they argued about who was the father of her baby.
Both Fogwell and Mr Moody had each been told the baby was theirs, the court heard.
Fogwell left the service station, before ramming his wife’s car as she and Mr Moody tried to drive away.
Mr Moody got out and yelled “you’re ****ing dead” as he approached Fogwell, who ran him over with his four-wheel drive.
Fogwell then drove over the stricken man, who was crying out for help, the court was told.
“Witnesses have described how he drove back and forth while yelling ‘I’m going to kill him’,” Crown prosecutor Sharn Coombes told the court.
In a video recorded by witnesses, Fogwell’s wife can be heard pleading with her husband to stop driving over Mr Moody.
An autopsy found Mr Moody had multiple fractured bones and extensive damage to his head and chest.
Defence says it was a “spur of the moment” offence, as Fogwell did not go to the petrol station intending to kill Mr Moody.
Barrister Christopher Farrington said his client had acted in the “clear and strong belief that Mr Moody was going to cause him harm”.
Fogwell and his wife are still in a relationship, Mr Farrington said.
She gave birth several weeks ago but the baby died of congenital defects within two hours, the court heard.
Fogwell wants to maintain a relationship with the couple’s other children and has prospects of rehabilitation, his lawyer said.
The Crown says Fogwell used his vehicle as a weapon against a defenceless man, and has shown no insight into his wrongdoing.
“The manner in which this murder was effected was brutal,” Ms Coombes said.
Fogwell will be sentenced at a later date.