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NEWS: The Australian - Retrial over heroin death

JoeBloggs

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Alana Buckley-Carr | October 03, 2007

A "BRUTAL and callous" murderer, accused of injecting a prostitute with a lethal dose of heroin to stop her testifying against him, is being retried after the High Court ruled that West Australian police had bungled yet another record of interview.

Along with co-accused Thomas Nicholls and Amanda Hoy, Martin Graeme Coates, 44, was convicted of the 1998 wilful murder of 21-year-old street prostitute Clare Garabedian.

He was sentenced to life with a 25-year minimum. But Mr Coates had his conviction quashed by the High Court in 2005 in a 4-3 decision after the judges found there was no reasonable excuse for police not recording part of their discussions with him, in which Mr Coates was alleged to have made confessions.

The High Court said the police officers did not ask Mr Coates to repeat any of his off-camera statements when the recording started again after a 45-minute break and Coates later denied making them.

No notes were made until the day after the interview and they have since disappeared.

On the opening day of the scheduled four-week trial yesterday, prosecutor Simon Stone said Mr Coates had told a man dubbed Mr X - his identity has been suppressed - that he could clear a debt by giving Garabedian a hotshot of heroin.

At the time, Mr Coates and Hoy had been charged with a string of offences relating to an alleged assault against Garabedian.

Justice Peter Blaxell was told that Mr Coates wanted to silence the prostitute and had organised the contract killing.

Garabedian was lured to a Perth motel on the pretence that she would have sex with a client, he said. Mr X provided her with heroin-filled syringes but it was not enough to kill her.

At about 4.30am on August 23, 1998, Mr Coates and Hoy arrived at the motel room and allegedly held the 21-year-old down as she was injected with a syringe, while being suffocated by a pillow. Her semi-clad body was discovered hours later by the motel's cleaning staff.

Mr Stone told the court that Mr X had made a deal with the state's Director of Public Prosecutions and the Attorney-General to give evidence. In return, he would be made eligible for parole next year.

The trial continues.


from: http://www.theaustralian.news.com.au/story/0,25197,22522498-5006789,00.html
 
Mother welcomes guilty verdict against her daughter's killer
December 19, 2007 17:19:00

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Martin Graeme Coates has been found guilty of the wilful murder of Clare Garabedian. (ABC)

The mother of a 21-year-old woman, murdered in a Perth motel nine years ago, has welcomed the conviction, for the second time, of one of her daughter's killers.

Jan Garabedian's daughter Clare was smothered with a pillow and given a fatal heroin overdose because she was due to testify against 44-year-old Martin Graeme Coates in an assault case.

She was killed in a Rivervale motel room in 1998.

Coates was found guilty, with three other people, in 2000 but his conviction was quashed by the High Court and a retrial ordered.

Today, Supreme Court Judge Peter Blaxell again found him guilty of wilful murder.

Judge Blaxell found that, while Coates may not have been in the room when the heroin was administered, he was satisfied beyond a reasonable doubt that Coates organised the killing.


Mother 'relieved'

Mrs Garabedian says today's verdict is a relief.

"The jury in the first trial must have been waiting for this wondering if they made a wrong decision back then and they didn't, thank goodness," she said.


Killer 'distressed'

As he was being led away, Coates maintained his innocence saying he was not involved in Ms Garabeidan's death.

His lawyer Laurie Levy says his client is distressed and will appeal again.

"Of course he's distressed. He's just attended the funeral of his mother and he's just be re-convicted of wilful murder," Mr Levy said.

Coates faces a mandatory life jail term with a minimum of at least 15 years when he is sentenced in February next year.

ABC Online
 
thanks for the update lil angel, interesting to see how this unfolded.
 
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