‘I would like to begin by thanking Your Honour for giving me a chance to say how sorry I am to the people who I’ve caused so much pain and suffering to. As I look back and reflect on the past I wonder what went wrong and why I cannot change these terrible things I have done. If only I could change the past. I know that nothing I can ever say will justify the terrible way these people were viciously murdered and no one could ever deserve what happened to them.
‘I hope one day I can forgive myself for what I have done. At this point in time I can never do this. I hate myself for the fact that I have done this. I have to live with the pain and suffering I have caused the victims’ family and friends. It sickens me to think that I have been involved in taking away precious lives from their loved ones. When I lie in bed at night I think I don’t know myself any more and I try to come to terms with what I have done. In the mornings I wake up and I think, why? How could I do this? When I look in the mirror and look at my face I think it’s not me. How did I end up in this position? These questions I cannot answer but in time hopefully I can. I could kill myself tomorrow and then I think this would be the easy way out. The choices I’ve made will affect my life forever.
‘I can only hope by pleading guilty and giving evidence in the trial to come I can offer a little peace to the family and friends of the victims, by owning up to my mistakes and admitting my guilt to myself, society, families, relatives and friends. Because I have taken away a loved one, a part of someone’s life, and changed everyone’s lives forever. Now is the time to face up to my mistakes and own up to my responsibilities for the actions I have taken. I am so sorry for what I have done and could never forgive myself. I offer my sincere and unconditional sorrow for the pain I have caused to the families, friends and relatives. I know that neither what I have said today nor anything else will ever make up for the pain I have caused. I know the suffering you have experienced and I know that you can never forgive me, but I am sorry.’
Prosecutor Wendy Abraham conceded there was no opposition to the setting of a non-parole period for James Vlassakis. Nonetheless, she argued for a significantly lengthy jail term.
‘When one looks at these murders, what one is talking about is premeditated, cold-blooded and extensive torture. The men took property and accessed social security.
‘There is no comparable case.
‘Ordinarily, being involved in a number of murders of this type would result in fixing life imprisonment with no non-parole period. The Crown accepts the accused is entitled to substantial credit as a result of pleading guilty and cooperation with the authorities. The Crown says that could amount to exceptional circumstances, justifying a non-parole period where ordinarily one would not be fixed.
‘There has been a lot made of the cooperation with the authorities. Not everything put about the value of his second interview is necessarily accepted.
‘It’s correct that as a result of the decision to call James Vlassakis there are two extra charges. But there was physical evidence: DNA, handwriting, fingerprints, family members, social security records, and police knew about the “U-Store-It”, property in the houses.
‘The Crown only concedes that he expedited inquiries.
‘Of course, what the Crown didn’t have was an eyewitness account, and we accept that.
‘In this state, the worst category of murder should receive twenty-five to thirty-five years just for one.
‘Listening to Mr Vlassakis this morning it’s very easy to have some sympathy for him. But we are talking about four of the most horrific murders one could imagine. Don’t overlook punitive factors. His role was very important. He got them into various places. Those murders would not have occurred at that time without him. He provided John Bunting with information about whether Gary O’Dwyer was on a pension before the murder. A younger person was needed to impersonate Fred Brooks. It’s simply not right to say he was not essential simply because his role was not as violent as the others’.
‘He was still clearly capable of making a choice.’
Justice Duggan passed sentence a little under a month later:
‘If it had not been for your plea of guilty, your extensive cooperation with the police and your undertaking to give evidence for the prosecution…I would have imposed a non-parole period of forty-two years.
‘However, it is an acknowledged sentencing principle that quite significant reductions in sentence are given to those who not only plead guilty but also assist the police in their investigations and who undertake to give evidence against alleged co-offenders.
‘I am satisfied that you have given extensive assistance to the police in this matter and I take into account your undertaking to give evidence. Your confinement is likely to be much more restrictive than would otherwise be the case. There is an element of remorse apparent in your conduct since you were arrested on these charges.
‘I fix a non-parole period of twenty-six years to date from 2 June 1999, the date when you were taken into custody.
‘The effect of the non-parole period is that parole cannot be granted until the period of twenty-six years is served. After that, it is up to the authorities as to whether and when you will be released.’
TWENTY-FOUR
James Vlassakis had confessed to his role in the serial killings, turned star witness and thrown himself on the mercy of the court. He hoped one day to be a free man. John Bunting, Robert Wagner and Mark Haydon instructed their legal teams to fight on, even in the face of the damning eyewitness testimony Vlassakis would inevitably deliver.
On 13 August 2001, Bunting, Wagner and Haydon stood in a South Australian Supreme Court dock to officially plead not guilty to ten counts of murder—those of Ray Davies, Suzanne Allen, Michael Gardiner, Barry Lane, Gavin Porter, Troy Youde, Fred Brooks, Gary O’Dwyer, Elizabeth Haydon and David Johnson.
The sheer magnitude of the case meant pre-trial argument did not begin until March 2002, and by then prosecutors had dealt another blow. Bunting and Haydon were charged with a further two counts of murder over the deaths of Clinton Trezise in 1992 and Thomas Trevilyan in 1997. Wagner was also charged with Trevilyan’s murder, and with assisting an offender in relation to Trezise’s killing. The trio pleaded not guilty to the additional charges in February 2002. The number of alleged murders was now twelve—unprecedented in Australian criminal history.
However, prosecutors would not have it all their own way. As evidence was examined and contested during the pre-trial process, it became clear that the case against Mark Haydon was, in some respects, weak. It appeared Haydon had been on the fringes of activity as John Bunting and Robert Wagner had embarked on their murder spree. The prosecutors did argue that Haydon not only had direct involvement in killing his wife and Troy Youde, but also helped hide victims’ bodies and cover the killers’ tracks. They said he should be tried and convicted of all twelve murders because he took part in a ‘joint enterprise’. The trial judge disagreed. Justice Brian Martin ruled that the evidence wasn’t sufficient for Haydon to stand trial on nine of the twelve murder counts, leaving only those of Elizabeth Haydon, Troy Youde and Clinton Trezise. It was later decided that the Trezise count would also be dropped.
Haydon’s legal team—headed by prominent defence barrister Marie Shaw QC—also won the right for their client to stand trial separately to Bunting and Wagner. After much deliberation it was deemed Haydon would go to trial after his co-accused, charged only with the murders of Troy Youde and Elizabeth Haydon. In addition prosecutors elected to pursue him on six counts of assisting offenders, the charges relating to the other victims whose bodies were stored in barrels in the old Snowtown bank vault. The prosecutors were certain Haydon had played a vital role in concealing and moving the barrels while also profiting from the murders.
Perhaps Mrs Shaw was pushing her client’s luck when she asked that Haydon be released on bail while he awaited trial, saying, ‘We understand he has been a model remandee. Our main concern is our client had been in custody for thre
e years.’
Not surprisingly, bail was refused.
Bunting and Wagner were now slated to stand trial together, in the biggest serial killing case the nation had ever seen. All along the pair had protested their innocence, instructing their lawyers to contest virtually every shred of evidence, to argue at every turn. To some it seemed that Bunting and Wagner were revelling in the process, basking in the spotlight and enjoying the fight. So it was a stunning move when, two weeks before the trial opening, Robert Wagner stood in court and admitted guilt.
On 27 September 2002, Wagner pleaded guilty to three of the murder charges: Barry Lane, Fred Brooks and David Johnson. He maintained his innocence on the remaining counts and showed no signs of cooperating with police. Wagner was still very much at John Bunting’s side.
After almost four years of legal wrangling, and more than a thousand witness statements, the trial of John Bunting and Robert Wagner began on 16 October 2002. It was to be staged in a courtroom refurbished at a cost of $3 million—modified and enlarged to accommodate the sheer volume of jurors, lawyers, evidence and spectators. Computer monitors were installed so photographs of evidence could be displayed electronically. The whole of South Australia steeled itself for the true horrors of this case to be revealed in open court—and to the public—for the first time.
The jury consisted of fifteen members—more than the usual twelve, in anticipation that some may find the case too horrific to endure. The previous day there had been a false start to the trial when a juror begged to be excused, explaining that the details were too distressing to hear.
A hush fell over the custom-built courtroom as Wendy Abraham QC rose to her feet before Justice Brian Martin and the jury. The public gallery was full, with media seated closest to the front, then victims’ families and police who had worked the case. There was also a scattering of curious members of the public. As Ms Abraham began to speak there was absolute silence. Her presence and her words commanded attention—and she had it.
‘On the 20th of May 1999, when the police opened the vault of the disused State Bank at Snowtown, they were met with a pungent smell of rotting or decomposing meat.
‘What they found inside was shocking. There were barrels containing rotting human remains, knives, handcuffs, gloves—items used in the murder, torture and mutilation of bodies.
‘There were eight bodies in six barrels. In the following days, a further two bodies were found buried in the back yard of a Salisbury North house.’
With poise and precision Ms Abraham would spend the next two days delivering her opening address, decisively pointing to the guilt of John Bunting and Robert Wagner, who watched and listened from behind a glass barrier only a few metres away. Ms Abraham detailed the mountain of evidence against not only Bunting and Wagner, but also Vlassakis—now her prize witness—and Haydon, who would face trial later.
‘The Crown says each of these deaths was part of a series of murders committed by the accused. Some time later two further deaths were linked to this series.
‘As members of the community your initial reaction may well have been one of horror. Horror at what had been found and indeed that it happened in our community.
‘You have now been called upon to represent that community to decide issues in this trial. You therefore have to put aside any initial reactions you felt, you must distance yourself and evaluate the evidence you hear in this courtroom.
‘What the Crown alleges the accused did in committing these crimes can only be described as horrific. The mere reciting of some of the allegations is indeed shocking.
‘I have a duty to adduce the evidence to you. I make no apologies for making the allegations, nor for leading the evidence. What you will hear and see at times will be very unpleasant and distasteful to say the least. The description of some of the events will be chilling. However, the Crown must prove its case and this is what the Crown says they did.
‘The events you will hear about began in 1992.
‘It’s alleged that in 1992 the accused Bunting murdered Clinton Trezise. Robert Wagner helped him to dispose of his body.
‘Thereafter it’s alleged between December 1995 and May 1999 John Bunting and Robert Wagner together murdered eleven people…You will hear that in some of these murders the accused tortured their victims, that they obtained information from them so they could claim their Centrelink benefits after they were murdered. They took their property. They would tell stories to explain their disappearance. They would impersonate their victims where necessary.
‘The bodies of some of the victims were dismembered and some defleshed.
‘You will hear that the accused bragged, boasted and laughed about what they had done.
‘There’s evidence of some of these features in at least ten of these murders. Those of Ray Davies, Suzanne Allen, Michael Gardiner, Barry Lane, Gavin Porter, Troy Youde, Fred Brooks, Gary O’Dwyer, Elizabeth Haydon and David Johnson.
‘The Crown says that the evidence will reveal there was a system or pattern for the commission of these murders that the accused developed and refined over time.
‘The Crown says that the murder of Thomas Trevilyan, although it does not have those features, is nevertheless linked to the series. It’s alleged that as the murders progressed, the patterns to the murders included murdering people who had knowledge of a previous murder and posed a risk to the accused. You will hear that Thomas Trevilyan, Barry Lane and Elizabeth Haydon had such knowledge.
‘Consequently the Crown says that the evidence will demonstrate there’s an underlying unity between all of these murders, so much so that from the time of the murder of Ray Davies, the accused were, in effect, in the business of killing.’
Next Ms Abraham guided the jurors through the police investigation into Elizabeth Haydon’s disappearance and how it led to the discovery of the remains at Snowtown. How, in the weeks before, the barrels had been hurriedly shifted from Mark Haydon’s garage to a property rented by friends of Bunting and Wagner. Finally, the remains had been secreted in the old bank vault.
‘It is the Crown case that John Bunting and Mark Haydon rented the bank in 1999. In January 1999 the then owners of the bank, Rosemary and Andrew Michael, were approached by two men to rent the property. They met with these two men, who introduced themselves as John and Mark. The men were shown through the bank and an agreement was reached to rent it. A key was provided to them.
‘On February 8, 1999 the Michaels left a rental agreement and a rent book in the bank to be completed by those renting it. On February 10 the agreement, which had been completed in handwriting, was left at the post office, with the rent money, in the name of John Bunting and Mark Lawrence of 4 Blackham Crescent, Smithfield Plains. Lawrence was Mark Haydon’s name before he married Elizabeth Haydon.
‘The handwriting on the rental agreement was examined by Sharon Birchall [an expert on handwriting], who compared the writing and signatures with the known writing of John Bunting and Mark Haydon. Having done so, she formed the opinion that there were similarities and no significant differences between the handwriting on the document and that of John Bunting, similarly with his signature. She is also of the opinion that there are similarities between the signature of Mark Lawrence and the known signatures of Mark Haydon. John Bunting’s thumbprint is on the document.
‘Rosemary and Andrew Michael were separately shown a number of photographs by the police. Each of them identified a photograph of John Bunting as one of the persons involved in the transaction. Andrew Michael also identified a photograph of Mark Haydon. Rosemary Michael said she was 70 per cent sure she had seen Robert Wagner at the Snowtown post office. Arrangements had been made for the rent for the bank to be paid at that post office.
‘Naturally a key was provided to the bank as part of the rental agreement, but no key was provided to the vault. John Bunting and Robert Wagner wanted to be able to lock the vault, so Simon Jones assisted them in fashioning a piece of wire to be used as a key. It’s alleged
at some time thereafter they moved the contents of the Land Cruiser to the bank and stored the barrels in the vault.
‘After that time, John Bunting, Robert Wagner, Mark Haydon and James Vlassakis were seen to visit Snowtown and indeed the bank. At times, each was observed going in and out of the vault. On occasions they were observed to be wearing overalls and gloves. On some occasions they would go to the Joneses’ to have a shower and change their clothes because they would smell. They would tell the Joneses a story about what they had been doing.’
The jury was told of the forensic process through which the eight bodies in the barrels were identified: fingerprints, DNA, X-rays. They were Michael Gardiner, Barry Lane, Gavin Porter, Troy Youde, Fred Brooks, Gary O’Dwyer, Elizabeth Haydon and David Johnson.
Ms Abraham alleged there were other murder victims too: the skeleton found at Lower Light later identified as Clinton Trezise; Thomas Trevilyan, found hanged from a tree; and Ray Davies and Suzanne Allen, who had been buried in the back yard of Bunting’s former home.
‘A postmortem examination was conducted in relation to each of the victims. Given the condition of many of the bodies, the pathologists were not able to determine a cause of death for many of the victims. However, in relation to five of the victims, the probable cause of death was strangulation or asphyxiation. They were Michael Gardiner, Barry Lane, Troy Youde, Fred Brooks and Elizabeth Haydon.
‘One of the victims was hung by a rope, that being Trevilyan. One died as a result of multiple blows with a blunt object to the back of his head, that’s Clinton Trezise.
‘Four of the victims in the barrels were found with gags in their mouths, for example a sock, with the gags securely fastened with tape around their mouth and head. They were Lane, Youde, Brooks and Haydon.
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