Peter Dupas
Encyclopedia
Peter Norris Dupas is an Australia
n serial killer
, currently serving three consecutive life sentences for murder
. His violent criminal history spans more than three decades, and with every release from prison has been known to commit further crimes against women with increasing levels of violence. His criminal signature is to remove the breast
s of his female victims.
As of 2007, Dupas has been convicted of three murders and is a prime suspect in at least three other murders committed in the vicinity of the Melbourne
area during the 1980s and 1990s.
, New South Wales
, his family moved to Melbourne while he was still a toddler. With both siblings considerably older, his elderly parents treated him much like an only child. Dupas left high school upon completing Form 5, and later obtained his Higher School Certificate while in custody.
On 3 October 1968, at the age of 15, Dupas, still attending high school
at Waverley High School in the eastern Melbourne suburb of Mount Waverley
, visited his next-door neighbour, requesting to borrow a knife for the purpose of peeling vegetables. Dupas was apprehended after he stabbed the woman in the face, neck, and hand as she attempted to fight off his attack. He later told police he could not help himself and did not know why he began to attack the woman. He was placed on 18 months probation
and admitted to the Larundel Psychiatric Hospital for evaluation; he was released after two weeks and treated as an outpatient.
In October 1969, a mortuary located at the Austin Hospital
was broken into. The bodies of two elderly women were mutilated using a pathologist
's knife. One body contained a strange wound inflicted with a knife to the area of the thigh. Police believe Dupas was involved in the break-in as the wounds inflicted matched that of a later murder victim, Nicole Patterson.
Senior Detective Ian Armstrong, who interviewed Dupas on 30 November 1973, at the Nunawading
Police Station, described Dupas as "weak and compliant" when confronted by authority.
After Dupas received a term of nine years imprisonment for rape
in 1974, prison psychiatrist
Dr. Allen Bartholomew noted Dupas was in constant denial
of his criminal activity
, noting at the time: "I am reasonably certain that this youth has a serious psychosexual problem, that he is using the technique of denial as a coping
device and that he is to be seen as potentially dangerous. The denial technique makes for huge difficulty in treatment."
with a minimum period of five years for an attack on a married woman in her own home. Dupas broke into the victim's house and threatened her with a knife before tying her up with cord and raping her. He threatened to harm her baby when she resisted his attack. The sentencing judge described the offence as "one of the worst rapes that could be imagined".
In 1979, approximately two months after his release from prison, Dupas again molested women in four separate attacks over a ten day period. On 28 February 1980, Dupas received a five year minimum prison sentence for three charges of assault
with intent to rape, malicious wounding, assault with intent to rob, and indecent assault. A 1980 report on Dupas stated "There is little that can be said in Dupas' favour. He remains an extremely disturbed, immature, and dangerous man. His release on parole
was a mistake."
Dupas was again released from prison in February 1985. Approximately one month later, he raped a 21-year-old woman on a beach at Blairgowrie
. After alighting from his car, Dupas followed the woman and attacked her, holding her to the ground at knifepoint before raping her. He later told police: "I'm sorry for what happened. Everyone was telling me I'm OK now. I never thought it was going to happen again. I only wanted to live a normal life."
On 28 June 1985, Dupas was sentenced to 12 years imprisonment for the Blairgowrie rape, and released in 1992 after serving seven years of his sentence.
Less than two years after his release from prison, Dupas was arrested on charges of false imprisonment
over an incident at Lake Eppalock
in January 1994. Wearing a hood and armed with a knife, insulation tape, and handcuffs, Dupas followed a woman who was picnicking and held her at knifepoint in a toilet block but was chased off by her friends. As he was leaving the scene he crashed his car and was apprehended. On 18 August 1994, after entering a guilty plea to one count of false imprisonment in the County Court
in Bendigo
, Dupas was sentenced to three years and nine months imprisonment, with a minimum period of two years and nine months. In September 1996, Dupas was again released from prison and moved into a house in the Melbourne suburb of Pascoe Vale
.
Nicole Amanda Patterson was a 28 year old psychotherapist and youth counsellor
employed with the Ardoch Youth Foundation, an organization formed to assist young drug users. Patterson had desired to operate her own private practice and was using her Northcote
home as an office. She placed several classified ad
s in a local newspaper, the Northcote Leader, in an effort to expand her client base.
Two neighbours reported hearing the screams of a young woman coming from Patterson's house between 9.00a.m. and 9.30a.m. on the day of her murder. Attempts by Patterson's boyfriend to contact her in the afternoon failed, raising suspicions.
On 19 April 1999 the body of Nicole Amanda Patterson was discovered by a friend in the front room of her Harper Street, Northcote residence. Patterson's friend had visited to attend a dinner engagement. Upon hearing music from a radio and discovering the front door unlocked, she entered the house and found the body of Patterson severely mutilated.
Patterson died from 27 stab wounds to her chest and back. Her body was discovered naked from the waist down, with her skirt found in a nearby bedroom and her underwear around her ankles. Small pieces of yellow PVC
tape were attached to her body and both of her breasts had been removed using a sharp knife. Her handbag and drivers licence were stolen during the attack. The murder weapon and Patterson's breasts have never been recovered.
named "Harry". Police learned Dupas had approached Harry with an offer of labour
ing work. On 22 April 1999, police arrested Dupas at midday at the Excelsior Hotel in Thomastown
and charged him with the murder of Patterson later the same day.
Telephone records revealed Dupas had made three prior telephone calls to Patterson to arrange a counselling session to treat depression
and a gambling addiction, the first from a public telephone booth
approximately six weeks before her murder. Over the course of the next six weeks, Dupas made calls to Patterson in an attempt to establish her vulnerability. Dupas later told police he cancelled his appointment with Patterson after being told by her his problem was something he was able to work through of his own accord.
Police also noticed scratches on Dupas' face and hand, consistent with a recent struggle. Dupas claimed the scratches had occurred when he was working in his backyard shed and a piece of wood hit him while using a lathe; Dupas did not own a lathe, however. He later changed his story to the effect that the injuries were sustained while working in the shed and walking by a protruding piece of wood.
A police search of Dupas' home revealed blood-stained clothing, PVC tape similar to that located at the crime scene, a ski mask, newspaper clippings detailing Patterson's murder, and also a paper containing her advertisement for psychotherapy services.
Dupas appeared in the Supreme Court of Victoria Court of Appeal in August 2001 to appeal
his conviction for the murder of Patterson. His appeal was dismissed.
Margaret Josephine Maher, 40, was a prostitute working in the Melbourne area who was last seen alive at the Safeway
supermarket at 12.20a.m. in Broadmeadows
on 4 October 1997.
Her body was discovered under a cardboard box containing computer parts at 1.45p.m. on 4 October 1997 by Ronald Frank McDonald, who made the discovery while he was collecting aluminium
cans beside Cliffords Road, Somerton
with his wife, Eva and their children. A black woollen glove was found near Maher's body which police later confirmed contained DNA matching that of Dupas.
A post-mortem examination
revealed Maher had suffered a stab wound to her left wrist, bruising to her neck, blunt force trauma with a cinder block to the area of her right eyebrow, and lacerations to her right arm. Maher's left breast had been removed and placed into her mouth. At the time of Maher's murder, Dupas had been out of prison for just over a year after serving time for rape offences and was no longer under the supervision of the government corrections agency, Corrections Victoria
.
Dupas was already serving a life sentence without parole for the murder of Nicole Patterson at the time of his arrest for the murder of Margaret Maher. With Dupas in custody, police were able to obtain a DNA
sample, linking him to the 1997 murder of Maher.
" before being led away by court staff to begin his sentence.
After the guilty verdict, Kylie Nicholas, Nicole Pattersons sister, described Dupas as "...the most evil predator, a psychopath, a true evil predatory, cunning repulsive person. It's such a rare evil that comes into this world that's destroyed these women and our lives. We're just praying that this man is held accountable for everything he has done."
On 16 August 2004, Dupas was convicted of the 4 October 1997, murder of Maher and sentenced to a second term of life imprisonment.
Ian Joblin, a Melbourne-based forensic psychologist
, released a report to the court attempting to explain Dupas’ sexual reoffending behaviour:
During sentencing, Kaye remarked he would have sentenced Dupas for a life term for Maher's murder even if he had not killed Patterson, saying:
After Dupas received his second murder conviction, Victorian Attorney General
Rob Hulls
stated judges needed discretionary powers to tailor punishments for criminals such as Dupas and that more training may be needed to assist them in making their judgments. Hulls was quoted as saying, "There's no question that a formalised judicial education and training needs to be introduced in Victoria. I intend to investigate how that can best be done".
Felicity Hampell QC, president of civil liberties
group Liberty Victoria, replied in response to Hulls, "Neither imprisonment in itself nor parole in itself is going to stop everybody from committing offences. What's important to bear in mind is that a person has to be sentenced for the offence they've committed, and that might mean that somebody gets a sentence that is proportionate for the crime, but it doesn't cure them of the dangerousness or the characteristic that makes them continue to offend".
His appeal was dismissed.
Mersina Halvagis was a 25-year-old Melbourne woman murdered in an attack on 1 November 1997, while visiting her grandmother's grave in the Greek Orthodox
section of Fawkner Cemetery in Fawkner
, a northern suburb of Melbourne. The alarm was raised by Halvagis' fiancée when she failed to meet with him later that day as the couple had planned.
Halvagis' body was discovered at 4.35 a.m. on 5 November 1997, by Halvagis' fiancée in an empty plot, three graves from where her grandmother was buried. Mersina herself would later be laid to rest in the Cheltenham Memorial Park, Melbourne where her grieving parents regularly attend her grave. Police believe Halvagis was attacked from behind while kneeling to attend to a flower arrangement, and that she died from massive injuries, including 87 stab wounds about her knees, neck, with most wounds concentrated around her breasts. Her upper clothing had been pulled over her head towards her chest.
Dupas' home in Coane Street, Pascoe Vale was near the cemetery. Halvagis' murder had remained unsolved since 1997, with the Victorian state government, together with police offering a A$1 million reward for information leading to an arrest. The large reward was the fourth such reward of A$1 million in Victoria
's history.
Frank Cole, an elderly resident of Pascoe Vale, claims he saw Dupas leaving the Fawkner Cemetery on the day of the murder. Cole had earlier claimed he shot a dingo
he suspected had killed two-month-old Azaria Chamberlain
who went missing at an Ayers Rock
camping ground on 17 August 1980.
An anonymous female who was visiting her parents' grave on the day of the murder had seen Dupas wearing sunglasses casually jogging throughout the cemetery.
into Halvagis's death before coroner Graeme Johnstone
heard circumstantial evidence
in the case against Dupas in relation to the murder;
Senior Detective Scarlett told the inquest a car known to be used by Dupas at the time of the murder was sold to a work associate in the month following the murder of Halvagis. The car has since been crushed for scrap metal and was never examined by detectives.
Forensic pathologist
Professor David Ransom, who compared wounds suffered by Halvagis to the wounds suffered by Patterson and Maher, told the inquest there was insufficient evidence to suggest the wounds suffered by Halvagis were inflicted using the same knife or by the same person who had murdered Dupas' other victims.
Dupas' lawyer, David Drake, advised the inquest that the only evidence
linking Dupas to the murder of Halvagis was the fact that Dupas had lived nearby to the Fawkner Cemetery, and his reputation based on prior convictions for similar offences. He further said police had relied upon their beliefs that Dupas had a propensity to attack women using knives, thereby linking him to the crime.
On 1 August 2006, the inquest was adjourned
indefinitely following charges laid by police on Dupas for the murder of Halvagis.
on 2 September 2006, taking him to the St Kilda Road
Police Headquarters in Melbourne for questioning. On 11 September 2006, police charged Dupas with the murder of Mersina Halvagis, after disgraced Melbourne lawyer, Andrew Fraser
, revealed Dupas confessed to the killing of Halvagis while gardening weeds in Port Phillip Prison
during 2002.
Fraser told police he once found a homemade knife concealed among weeds at Port Phillip Prison and he called Dupas over to inspect it, which is when the confession occurred:
After agreeing to give evidence against Dupas, Fraser was released from Fulham Correctional Centre
in Sale
on 11 September 2006, two months early of his five year sentence for drug trafficking
. The Victorian government has said Fraser is now eligible to apply for a share of the A$1 million reward offered for information leading to an arrest on Halvagis' murder.
withdrew the charge of murder in the Melbourne Magistrates Court and requested the case against Dupas be sent directly to trial, bypassing the committal hearing process. On 26 September 2006, Dupas appeared via video link in the Supreme Court of Victoria
, charged with Halvagis' murder, entering a plea of not guilty. Dupas' barrister David Drake told the Supreme Court his client was being unfairly dealt with by skipping the usual process of a committal hearing in the Magistrates' Court
. The Supreme Court of Victoria
ruled on whether Dupas would face a committal hearing in November 2006. On 14 November 2006, Dupas appeared in the Supreme Court of Victoria before Justice John Coldrey, where he requested an opportunity to be able to cross-examine
witness Andrew Fraser before a criminal trial takes place.
On 12 December 2006, the Supreme Court of Victoria ordered Dupas be presented directly to trial for the murder of Mersina Halvagis, bypassing the usual committal hearing process.
, advised Justice Philip Cummins that a failure to comply with the Jury Act had occurred when potential jurors were not advised of the possible duration of the trial.
Prosecution witness and disgraced lawyer Andrew Fraser
described to the jury how Dupas attacked Halvagis. Fraser has now submitted a claim to the $1 million reward.
Dupas was found guilty of the murder of Mersina Halvagis on 9 August 2007 and appeared for a pre-sentencing hearing eight days later. Dupas was sentenced to his third life sentence with no minimum term. The sentencing judge allowed permission for one television camera to record the sentencing of Dupas, the only televised sentencing in Australia since the 1995 sentencing of child killer Nathan John Avent. Upon sentencing Dupas, the judge said "life means life".
On 10 September 2007, lawyers for Dupas submitted an appeal on the basis the verdict of guilty for the murder of Halvagis was unsafe and unsatisfactory.
On 17 September 2009, Dupas' appeal against the conviction was upheld in Victoria's Court of Appeal by a two to one majority. The Court ruled that the directions of the judge in the original trial were inadequate.
On 14 October 2009, lawyers for Dupas argued that the proceedings against him should be stayed permanently based on the publicity surrounding the case. Victorian Supreme Court Justice Paul Coghlan disagreed and set the trial date for 7 April 2010.
On 26 October 2010, a new trial for the murder of Mersina Halvagis commenced in the Victorian Supreme Court.
On 19 November 2010, Dupas was again convicted of the murder of Mersina Halvagis after three and half days of deliberations by the jury. On the 26 November 2010, Dupas was sentenced to life in prison, without the possibility of parole.
beach on 13 February 1985. Although Dupas was imprisoned at the time of McMahon's murder and was not released until two weeks later, investigators learned Dupas was on pre-release leave from prison and living in the Rye area when McMahon was killed.
McMahon was sunbathing topless on the beach when attacked. Her body was discovered naked, covered by her beach towel. The location of the murder of McMahon was nearby to the location where Dupas had earlier raped a 21-year-old woman at a beach in Blairgowrie, for which he was convicted and served a term of imprisonment. Police believe McMahon may have been Dupas' first murder victim, although her murder officially remains unsolved.
in 1993.
. Downes was stabbed to death at 6:30a.m. on 31 December 1997, a month after Halvagis' murder. Police investigations revealed Dupas had telephoned the nursing home some time before the murder. No charges have been laid regarding Downes' murder. Her murder is being considered for referral to the State Coroner
.
.
McConnell described her marriage to Dupas during the inquest into the murder of Mersina Halvagis:
His new wife found him to be a self-obsessed, lazy, needy, and a snob, and they divorced during the mid 1990s.
and HM Prison Barwon in Lara
, a northern suburb of Geelong
. He has attempted suicide
several times while imprisoned. Prison staff describe him as a model prisoner while in custody and "a monster" whenever released.
from six court appearances between 27 March 1972 and 11 November 1994.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n serial killer
Serial killer
A serial killer, as typically defined, is an individual who has murdered three or more people over a period of more than a month, with down time between the murders, and whose motivation for killing is usually based on psychological gratification...
, currently serving three consecutive life sentences for murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. His violent criminal history spans more than three decades, and with every release from prison has been known to commit further crimes against women with increasing levels of violence. His criminal signature is to remove the breast
Breast
The breast is the upper ventral region of the torso of a primate, in left and right sides, which in a female contains the mammary gland that secretes milk used to feed infants.Both men and women develop breasts from the same embryological tissues...
s of his female victims.
As of 2007, Dupas has been convicted of three murders and is a prime suspect in at least three other murders committed in the vicinity of the Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
area during the 1980s and 1990s.
Early life
Dupas was the youngest of three children, born into what has been described as "a fairly normal family". Born in SydneySydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, his family moved to Melbourne while he was still a toddler. With both siblings considerably older, his elderly parents treated him much like an only child. Dupas left high school upon completing Form 5, and later obtained his Higher School Certificate while in custody.
On 3 October 1968, at the age of 15, Dupas, still attending high school
High school
High school is a term used in parts of the English speaking world to describe institutions which provide all or part of secondary education. The term is often incorporated into the name of such institutions....
at Waverley High School in the eastern Melbourne suburb of Mount Waverley
Mount Waverley, Victoria
Mount Waverley is a suburb in Melbourne, Victoria, Australia, 16 km south-east from Melbourne's central business district. Its Local Government Area is the City of Monash...
, visited his next-door neighbour, requesting to borrow a knife for the purpose of peeling vegetables. Dupas was apprehended after he stabbed the woman in the face, neck, and hand as she attempted to fight off his attack. He later told police he could not help himself and did not know why he began to attack the woman. He was placed on 18 months probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
and admitted to the Larundel Psychiatric Hospital for evaluation; he was released after two weeks and treated as an outpatient.
In October 1969, a mortuary located at the Austin Hospital
Austin Hospital, Melbourne
The Austin Hospital is a major teaching public hospital located in Melbourne's north eastern suburb of Heidelberg, and is administrated by Austin Health, along with the Heidelberg Repatriation Hospital and the Royal Talbot Rehabilitation Centre.-History:...
was broken into. The bodies of two elderly women were mutilated using a pathologist
Pathology
Pathology is the precise study and diagnosis of disease. The word pathology is from Ancient Greek , pathos, "feeling, suffering"; and , -logia, "the study of". Pathologization, to pathologize, refers to the process of defining a condition or behavior as pathological, e.g. pathological gambling....
's knife. One body contained a strange wound inflicted with a knife to the area of the thigh. Police believe Dupas was involved in the break-in as the wounds inflicted matched that of a later murder victim, Nicole Patterson.
Senior Detective Ian Armstrong, who interviewed Dupas on 30 November 1973, at the Nunawading
Nunawading, Victoria
Nunawading is a suburb in Melbourne, Victoria, Australia, 19 km east from Melbourne's central business district. Its Local Government Area is the City of Whitehorse...
Police Station, described Dupas as "weak and compliant" when confronted by authority.
After Dupas received a term of nine years imprisonment for rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
in 1974, prison psychiatrist
Psychiatrist
A psychiatrist is a physician who specializes in the diagnosis and treatment of mental disorders. All psychiatrists are trained in diagnostic evaluation and in psychotherapy...
Dr. Allen Bartholomew noted Dupas was in constant denial
Denial
Denial is a defense mechanism postulated by Sigmund Freud, in which a person is faced with a fact that is too uncomfortable to accept and rejects it instead, insisting that it is not true despite what may be overwhelming evidence.The subject may use:* simple denial: deny the reality of the...
of his criminal activity
Criminal Activity
Criminal Activity is the debut album by American rap supergroup Criminalz, which consisted of Spice 1, Celly Cel and Jayo Felony. It was released August 7, 2001 on Celly Cel's label, Realside Records. The album was produced by Doyle, G-Man Stan, Spice 1 and Stan Keith...
, noting at the time: "I am reasonably certain that this youth has a serious psychosexual problem, that he is using the technique of denial as a coping
Coping (psychology)
Coping has been defined in psychological terms by Susan Folkman and Richard Lazarus as "constantly changing cognitive and behavioral efforts to manage specific external and/or internal demands that are appraised as taxing" or "exceeding the resources of the person".Coping is thus expending...
device and that he is to be seen as potentially dangerous. The denial technique makes for huge difficulty in treatment."
Sex offences
On 25 July 1974, Dupas was sentenced to nine years imprisonmentImprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
with a minimum period of five years for an attack on a married woman in her own home. Dupas broke into the victim's house and threatened her with a knife before tying her up with cord and raping her. He threatened to harm her baby when she resisted his attack. The sentencing judge described the offence as "one of the worst rapes that could be imagined".
In 1979, approximately two months after his release from prison, Dupas again molested women in four separate attacks over a ten day period. On 28 February 1980, Dupas received a five year minimum prison sentence for three charges of assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
with intent to rape, malicious wounding, assault with intent to rob, and indecent assault. A 1980 report on Dupas stated "There is little that can be said in Dupas' favour. He remains an extremely disturbed, immature, and dangerous man. His release on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
was a mistake."
Dupas was again released from prison in February 1985. Approximately one month later, he raped a 21-year-old woman on a beach at Blairgowrie
Blairgowrie, Victoria
Blairgowrie is a seaside village approximately 87 km from Melbourne, Victoria, Australia. Its Local Government Area is the Shire of Mornington Peninsula.-History:...
. After alighting from his car, Dupas followed the woman and attacked her, holding her to the ground at knifepoint before raping her. He later told police: "I'm sorry for what happened. Everyone was telling me I'm OK now. I never thought it was going to happen again. I only wanted to live a normal life."
On 28 June 1985, Dupas was sentenced to 12 years imprisonment for the Blairgowrie rape, and released in 1992 after serving seven years of his sentence.
Less than two years after his release from prison, Dupas was arrested on charges of false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
over an incident at Lake Eppalock
Lake Eppalock
Lake Eppalock is a man-made lake located in North Central Victoria, Australia. It's situated on the Campaspe River between the city of Bendigo and the town of Heathcote and serves as a major water storage facility for both places...
in January 1994. Wearing a hood and armed with a knife, insulation tape, and handcuffs, Dupas followed a woman who was picnicking and held her at knifepoint in a toilet block but was chased off by her friends. As he was leaving the scene he crashed his car and was apprehended. On 18 August 1994, after entering a guilty plea to one count of false imprisonment in the County Court
County Court of Victoria
The County Court of Victoria was established in 1852 by the County Courts Act 1852. The court has jurisdiction in the State of Victoria, Australia...
in Bendigo
Bendigo, Victoria
Bendigo is a major regional city in the state of Victoria, Australia, located very close to the geographical centre of the state and approximately north west of the state capital Melbourne. It is the second largest inland city and fourth most populous city in the state. The estimated urban...
, Dupas was sentenced to three years and nine months imprisonment, with a minimum period of two years and nine months. In September 1996, Dupas was again released from prison and moved into a house in the Melbourne suburb of Pascoe Vale
Pascoe Vale, Victoria
Pascoe Vale is a western suburb of Melbourne, Victoria, Australia, 10 km north from Melbourne's central business district. Its Local Government Area is the City of Moreland. At the 2006 Census, Pascoe Vale had a population of 13,558.- History :...
.
Murder of Nicole Patterson
Licensed Professional Counselor
Licensed professional counselor is a licensure for mental health professionals. The exact title varies by state, but the other most frequently used title is licensed mental health counselor . Several U.S. states, including Illinois, Maine, and Tennessee, have implemented a two-tier system whereby...
employed with the Ardoch Youth Foundation, an organization formed to assist young drug users. Patterson had desired to operate her own private practice and was using her Northcote
Northcote, Victoria
Northcote is a suburb in Melbourne, Victoria, Australia, 7 km north-east from Melbourne's central business district. Its Local Government Area is the City of Darebin...
home as an office. She placed several classified ad
Classified advertising
Classified advertising is a form of advertising which is particularly common in newspapers, online and other periodicals which may be sold or distributed free of charge...
s in a local newspaper, the Northcote Leader, in an effort to expand her client base.
Two neighbours reported hearing the screams of a young woman coming from Patterson's house between 9.00a.m. and 9.30a.m. on the day of her murder. Attempts by Patterson's boyfriend to contact her in the afternoon failed, raising suspicions.
On 19 April 1999 the body of Nicole Amanda Patterson was discovered by a friend in the front room of her Harper Street, Northcote residence. Patterson's friend had visited to attend a dinner engagement. Upon hearing music from a radio and discovering the front door unlocked, she entered the house and found the body of Patterson severely mutilated.
Patterson died from 27 stab wounds to her chest and back. Her body was discovered naked from the waist down, with her skirt found in a nearby bedroom and her underwear around her ankles. Small pieces of yellow PVC
Polyvinyl chloride
Polyvinyl chloride, commonly abbreviated PVC, is a thermoplastic polymer. It is a vinyl polymer constructed of repeating vinyl groups having one hydrogen replaced by chloride. Polyvinyl chloride is the third most widely produced plastic, after polyethylene and polypropylene. PVC is widely used in...
tape were attached to her body and both of her breasts had been removed using a sharp knife. Her handbag and drivers licence were stolen during the attack. The murder weapon and Patterson's breasts have never been recovered.
Arrest
Police investigations of the crime scene revealed Patterson had a 9.00a.m. appointment with a new client by the name of "Malcolm", as noted in her personal diary, alongside a mobile telephone number. The number was traced to an Indian student studying at La Trobe UniversityLa Trobe University
La Trobe University is a multi-campus university in Victoria, Australia. It was established in 1964 by an Act of Parliament to become the third oldest university in the state of Victoria. The main campus of La Trobe is located in the Melbourne suburb of Bundoora; two other major campuses are...
named "Harry". Police learned Dupas had approached Harry with an offer of labour
Manual labour
Manual labour , manual or manual work is physical work done by people, most especially in contrast to that done by machines, and also to that done by working animals...
ing work. On 22 April 1999, police arrested Dupas at midday at the Excelsior Hotel in Thomastown
Thomastown, Victoria
Thomastown is a suburb in Melbourne, Victoria, Australia, 17 km north from Melbourne's central business district. Its Local Government Area is the City of Whittlesea...
and charged him with the murder of Patterson later the same day.
Telephone records revealed Dupas had made three prior telephone calls to Patterson to arrange a counselling session to treat depression
Clinical depression
Major depressive disorder is a mental disorder characterized by an all-encompassing low mood accompanied by low self-esteem, and by loss of interest or pleasure in normally enjoyable activities...
and a gambling addiction, the first from a public telephone booth
Telephone booth
A telephone booth, telephone kiosk, telephone call box or telephone box is a small structure furnished with a payphone and designed for a telephone user's convenience. In the USA, Canada and Australia, "telephone booth" is used, while in the UK and the rest of the Commonwealth it is a "telephone...
approximately six weeks before her murder. Over the course of the next six weeks, Dupas made calls to Patterson in an attempt to establish her vulnerability. Dupas later told police he cancelled his appointment with Patterson after being told by her his problem was something he was able to work through of his own accord.
Police also noticed scratches on Dupas' face and hand, consistent with a recent struggle. Dupas claimed the scratches had occurred when he was working in his backyard shed and a piece of wood hit him while using a lathe; Dupas did not own a lathe, however. He later changed his story to the effect that the injuries were sustained while working in the shed and walking by a protruding piece of wood.
A police search of Dupas' home revealed blood-stained clothing, PVC tape similar to that located at the crime scene, a ski mask, newspaper clippings detailing Patterson's murder, and also a paper containing her advertisement for psychotherapy services.
Trial and appeal
After retiring for less than three hours, the jury returned to deliver a guilty verdict. On 22 August 2000, while sentencing Dupas to life imprisonment, Judge Frank Vincent remarked "...the prospects of your eventual rehabilitation must be regarded as so close to hopeless that they can be effectively discounted. There is no indication whatsoever that you have experienced any sense of remorse for what you have done, and I doubt that you are capable of any such human response. At a fundamental level, as human beings, you present for us the awful, threatening and unanswerable question: How did you come to be as you are?"Dupas appeared in the Supreme Court of Victoria Court of Appeal in August 2001 to appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
his conviction for the murder of Patterson. His appeal was dismissed.
Murder of Margaret Maher
Woolworths (supermarkets)
Woolworths is the largest supermarket chain in Australia, owned by Woolworths Limited.-History:Woolworths Limited was founded in 1924, with the first store opening up in Sydney's Imperial Arcade.-2008 rebranding:...
supermarket at 12.20a.m. in Broadmeadows
Broadmeadows, Victoria
Broadmeadows is a suburb in Melbourne, Victoria, Australia, 16 km north from Melbourne's central business district. Its Local Government Area is the City of Hume...
on 4 October 1997.
Her body was discovered under a cardboard box containing computer parts at 1.45p.m. on 4 October 1997 by Ronald Frank McDonald, who made the discovery while he was collecting aluminium
Aluminium
Aluminium or aluminum is a silvery white member of the boron group of chemical elements. It has the symbol Al, and its atomic number is 13. It is not soluble in water under normal circumstances....
cans beside Cliffords Road, Somerton
Somerton, Victoria
Somerton is a suburb in Melbourne, Victoria, Australia, 21 km north from Melbourne's central business district. Its Local Government Area is the City of Hume....
with his wife, Eva and their children. A black woollen glove was found near Maher's body which police later confirmed contained DNA matching that of Dupas.
A post-mortem examination
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
revealed Maher had suffered a stab wound to her left wrist, bruising to her neck, blunt force trauma with a cinder block to the area of her right eyebrow, and lacerations to her right arm. Maher's left breast had been removed and placed into her mouth. At the time of Maher's murder, Dupas had been out of prison for just over a year after serving time for rape offences and was no longer under the supervision of the government corrections agency, Corrections Victoria
Corrections Victoria
Corrections Victoria is the Victorian government department established in 2003, responsible for Victoria's corrections system. Corrections Victoria manages approximately 50 Community Correctional Centres in Victoria and is also responsible for the management of the states public prisons as well as...
.
Dupas was already serving a life sentence without parole for the murder of Nicole Patterson at the time of his arrest for the murder of Margaret Maher. With Dupas in custody, police were able to obtain a DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
sample, linking him to the 1997 murder of Maher.
Trial
During a trial lasting three weeks, evidence was presented to the jury that the removal of Patterson's and Maher's breasts were so "strikingly similar" as to be a signature or trademark stamp common to both crimes, thereby identifying Dupas as the killer of both women. The jury, who was not told Dupas was already serving a life term of imprisonment for the murder of Patterson, took less than a day to convict him of his second murder conviction. Upon hearing the jury deliver the guilty verdict, Dupas claimed "it's a kangaroo courtKangaroo court
A kangaroo court is "a mock court in which the principles of law and justice are disregarded or perverted".The outcome of a trial by kangaroo court is essentially determined in advance, usually for the purpose of ensuring conviction, either by going through the motions of manipulated procedure or...
" before being led away by court staff to begin his sentence.
After the guilty verdict, Kylie Nicholas, Nicole Pattersons sister, described Dupas as "...the most evil predator, a psychopath, a true evil predatory, cunning repulsive person. It's such a rare evil that comes into this world that's destroyed these women and our lives. We're just praying that this man is held accountable for everything he has done."
On 16 August 2004, Dupas was convicted of the 4 October 1997, murder of Maher and sentenced to a second term of life imprisonment.
Ian Joblin, a Melbourne-based forensic psychologist
Forensic psychology
Forensic psychology is the intersection between psychology and the criminal justice system. It involves understanding criminal law in the relevant jurisdictions in order to be able to interact appropriately with judges, attorneys and other legal professionals...
, released a report to the court attempting to explain Dupas’ sexual reoffending behaviour:
"Dupas attacked women to fulfil fantasies of conquest and control…For Dupas, the actual assault has not lived up to the fantasy which preceded the assault, and is seen at times as disappointing…He does not feel reassured by either his performance or his victim’s response and must find another victim, this time ‘the right one’. Thus, his offences become quite repetitive."
During sentencing, Kaye remarked he would have sentenced Dupas for a life term for Maher's murder even if he had not killed Patterson, saying:
"In view of your appalling criminal history, and in view of the particularly serious nature of the crime for which you have been convicted, it is only appropriate that you be sentenced to life imprisonment. Even if the murder of Nicole Patterson had never occurred, I would have no hesitation in imposing a term of life imprisonment upon you.
"It is clear, both in the present case and from your previous convictions for rape and like offences, that your offending is connected with a need by you to vindicate a perverted and sadistic hatred of women and a contempt for them and their right to live. As such the present offence must be characterised as being in one of the most serious categories of murders which come before this Court.
"You intentionally killed a harmless, defenceless woman who, like all your other victims, had no prospect of protecting herself against you. At the time you committed that offence, you had, over almost three decades, terrorised women in this State. You have repeatedly violated a central normNorm (sociology)Social norms are the accepted behaviors within a society or group. This sociological and social psychological term has been defined as "the rules that a group uses for appropriate and inappropriate values, beliefs, attitudes and behaviors. These rules may be explicit or implicit...
of a decent civilised society. Your conduct in the present case is without mitigation or palliation. There has been no recognition by you of your wrongdoing. Rather, you repeated the same offence, with even more brutality, 18 months after murdering Margaret Maher.
"Based on your repeated violent offences, and on the gravity of this offence, there is no prospect of your rehabilitation. Nothing was advanced on your behalf to reflect that there is even the faintest glimmer of hope for you. Even if there were, any considerations of rehabilitation must, in this case, be subordinated to the gravity of your offending, the need for the imposition of a just punishment, and the principle of general deterrence. All those circumstances combine, in my view, not only to justify, but also to require that I do not fix a minimum term."
After Dupas received his second murder conviction, Victorian Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
Rob Hulls
Rob Hulls
Rob Justin Hulls has been a member of the Victorian Legislative Assembly since 1996, representing the electorate of Niddrie. As well as previously serving as the Deputy Premier of Victoria, he was also the state Attorney-General and Minister for Racing.Rob Hulls was born in Melbourne and was...
stated judges needed discretionary powers to tailor punishments for criminals such as Dupas and that more training may be needed to assist them in making their judgments. Hulls was quoted as saying, "There's no question that a formalised judicial education and training needs to be introduced in Victoria. I intend to investigate how that can best be done".
Felicity Hampell QC, president of civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
group Liberty Victoria, replied in response to Hulls, "Neither imprisonment in itself nor parole in itself is going to stop everybody from committing offences. What's important to bear in mind is that a person has to be sentenced for the offence they've committed, and that might mean that somebody gets a sentence that is proportionate for the crime, but it doesn't cure them of the dangerousness or the characteristic that makes them continue to offend".
Appeal
On 25 July 2005, Dupas appeared in the Supreme Court of Victoria Court of Appeal to appeal his conviction for the murder of Maher on the grounds of;- "whether the judge erred in ruling that the facts of the mutilation of Patterson’s body should have been admitted at trial".
- "whether the directions of the judge aimed at keeping the evidence of the Patterson murder discrete were sufficient".
- "whether the judge incorrectly directed the jury regarding the compression applied to the deceased’s neck as one of three possible causes of death".
- "if the matters relied upon in the other grounds listed above did not result in a miscarriage of justice, their "aggregate effect" did".
His appeal was dismissed.
Murder of Mersina Halvagis
Greek Orthodox Church
The Greek Orthodox Church is the body of several churches within the larger communion of Eastern Orthodox Christianity sharing a common cultural tradition whose liturgy is also traditionally conducted in Koine Greek, the original language of the New Testament...
section of Fawkner Cemetery in Fawkner
Fawkner, Victoria
Fawkner is a suburb in Melbourne, Victoria, Australia, 12 km north from Melbourne's central business district. Its Local Government Area is the City of Moreland...
, a northern suburb of Melbourne. The alarm was raised by Halvagis' fiancée when she failed to meet with him later that day as the couple had planned.
Halvagis' body was discovered at 4.35 a.m. on 5 November 1997, by Halvagis' fiancée in an empty plot, three graves from where her grandmother was buried. Mersina herself would later be laid to rest in the Cheltenham Memorial Park, Melbourne where her grieving parents regularly attend her grave. Police believe Halvagis was attacked from behind while kneeling to attend to a flower arrangement, and that she died from massive injuries, including 87 stab wounds about her knees, neck, with most wounds concentrated around her breasts. Her upper clothing had been pulled over her head towards her chest.
Dupas' home in Coane Street, Pascoe Vale was near the cemetery. Halvagis' murder had remained unsolved since 1997, with the Victorian state government, together with police offering a A$1 million reward for information leading to an arrest. The large reward was the fourth such reward of A$1 million in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
's history.
Frank Cole, an elderly resident of Pascoe Vale, claims he saw Dupas leaving the Fawkner Cemetery on the day of the murder. Cole had earlier claimed he shot a dingo
Dingo
The Australian Dingo or Warrigal is a free-roaming wild dog unique to the continent of Australia, mainly found in the outback. Its original ancestors are thought to have arrived with humans from southeast Asia thousands of years ago, when dogs were still relatively undomesticated and closer to...
he suspected had killed two-month-old Azaria Chamberlain
Azaria Chamberlain disappearance
Azaria Chantel Loren Chamberlain was a nine-week-old Australian baby girl, who disappeared on the night of 17 August 1980 on a camping trip to Uluru with her family. Her body was never found. Her parents, Lindy and Michael Chamberlain, reported that she had been taken from their tent by a dingo...
who went missing at an Ayers Rock
Uluru
Uluru , also known as Ayers Rock, is a large sandstone rock formation in the southern part of the Northern Territory, central Australia. It lies south west of the nearest large town, Alice Springs; by road. Kata Tjuta and Uluru are the two major features of the Uluṟu-Kata Tjuṯa National Park....
camping ground on 17 August 1980.
An anonymous female who was visiting her parents' grave on the day of the murder had seen Dupas wearing sunglasses casually jogging throughout the cemetery.
Inquest
An inquestInquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
into Halvagis's death before coroner Graeme Johnstone
Graeme Johnstone
Graeme Johnstone was the state coroner of Victoria, Australia from 1994-2007. He retired on 29 November 2007, and was replaced by Judge Jennifer Coate. He is noted for often personally visiting the scenes of deaths that fall within his jurisdiction....
heard circumstantial evidence
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
in the case against Dupas in relation to the murder;
- Nine witnesses identified Dupas as a man they saw at Fawkner Cemetery on the day Halvagis was attacked.
- Dupas' grandfather's gravesite is located 128 metres from the crime scene.
- Dupas frequented the 'First and Last Hotel', located opposite Fawkner Cemetery.
- Dupas lied to police about a facial injury received about the time of the attack on Halvagis.
- Dupas attempted to alter his appearance after Halvagis' murder.
- Dupas was identified by a woman from police photographs, who said she saw him minutes before the attack 20 metres from where Halvagis' murder occurred.
Senior Detective Scarlett told the inquest a car known to be used by Dupas at the time of the murder was sold to a work associate in the month following the murder of Halvagis. The car has since been crushed for scrap metal and was never examined by detectives.
Forensic pathologist
Forensic pathology
Forensic pathology is a branch of pathology concerned with determining the cause of death by examination of a corpse. The autopsy is performed by the pathologist at the request of a coroner or medical examiner usually during the investigation of criminal law cases and civil law cases in some...
Professor David Ransom, who compared wounds suffered by Halvagis to the wounds suffered by Patterson and Maher, told the inquest there was insufficient evidence to suggest the wounds suffered by Halvagis were inflicted using the same knife or by the same person who had murdered Dupas' other victims.
Dupas' lawyer, David Drake, advised the inquest that the only evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
linking Dupas to the murder of Halvagis was the fact that Dupas had lived nearby to the Fawkner Cemetery, and his reputation based on prior convictions for similar offences. He further said police had relied upon their beliefs that Dupas had a propensity to attack women using knives, thereby linking him to the crime.
On 1 August 2006, the inquest was adjourned
Adjournment
An adjournment is a suspension of proceedings to another time or place. To adjourn means to suspend until a later stated time or place.-Law:In law, to adjourn means to suspend proceedings to another time or place, or to end them....
indefinitely following charges laid by police on Dupas for the murder of Halvagis.
Arrest
After obtaining a court order granting permission to interview Dupas in relation to Halvagis' murder, police collected Dupas from HM Prison BarwonHM Prison Barwon
HM Prison Barwon is a maximum security Australian prison located at 1140 Bacchus Marsh Road, 6 km from the township of Lara, , Victoria, Australia. Barwon provides accommodation and services for maximum security mainstream prisoners including a 20-bed facility for high security prisoners and a...
on 2 September 2006, taking him to the St Kilda Road
St Kilda Road, Melbourne
St Kilda Road is a street in Melbourne, Victoria, Australia. It is part of the locality of Melbourne which has the postcode of 3004 and along with Swanston Street forms a major spine of the city....
Police Headquarters in Melbourne for questioning. On 11 September 2006, police charged Dupas with the murder of Mersina Halvagis, after disgraced Melbourne lawyer, Andrew Fraser
Andrew Fraser (lawyer)
Andrew Fraser was a high profile Melbourne based lawyer sentenced to seven years imprisonment with a minimum period of five years imprisonment in 2001 for being knowingly concerned with the importation of a commercial quantity of cocaine...
, revealed Dupas confessed to the killing of Halvagis while gardening weeds in Port Phillip Prison
Port Phillip Prison
Port Phillip Prison is a maximum security prison located at Truganina, Victoria, Australia. It is Victoria's largest prison, able to accommodate up to 824 prisoners. The prison is privately operated on behalf of the Government of Victoria by G4S Australia Pty Ltd.-Construction and...
during 2002.
Fraser told police he once found a homemade knife concealed among weeds at Port Phillip Prison and he called Dupas over to inspect it, which is when the confession occurred:
"We regularly used to find stuff hidden in the garden, drugs, weapons and other stuff. I once found a homemade knife and called Dupas over to show it to him. He took it off me and started handling it, almost caressing it in a sexual way. Dupas then started saying 'Mersina, Mersina' over and over with this strange look on his face. I was certainly left in no doubt that Dupas murdered Mersina.
"This wasn't some sort of jailhouse confession where somebody has gone in and sat in a cell one night and had a brew with another prisoner and somebody has allegedly said something. It's a lot stronger than that. Dupas and I spoke regularly, just the two of us. This was over months and months that he was talking to me and confiding in me.
"There was one occasion when another prisoner came up to us when we were gardening and started abusingVerbal abuseVerbal abuse is best described as a negative defining statement told to you or about you; or by withholding any response thus defining the target as non-existant...
Dupas. This prisoner was yelling at Dupas saying, 'You killed Mersina, you killed Mersina'.
"After he had gone, Dupas turned to me and said 'How does that cunt know I did it?'
After agreeing to give evidence against Dupas, Fraser was released from Fulham Correctional Centre
Fulham Correctional Centre
Fulham Correctional Centre is a medium security Australian prison located in Hopkins Road, Sale, Victoria, Australia. The prison consists of mainstream medium security cell blocks, a drug and alcohol treatment unit and a protection unit....
in Sale
Sale, Victoria
Sale is a city in the Gippsland region of the Australian state of Victoria. It is the seat of the Shire of Wellington as well as the Roman Catholic Diocese of Sale and the Anglican Diocese of Gippsland. It has a population of around 13,336, and is expected to reach a population of 14,000 soon...
on 11 September 2006, two months early of his five year sentence for drug trafficking
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
. The Victorian government has said Fraser is now eligible to apply for a share of the A$1 million reward offered for information leading to an arrest on Halvagis' murder.
Direct presentment to trial
The Victorian Director of Public ProsecutionsDirector of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
withdrew the charge of murder in the Melbourne Magistrates Court and requested the case against Dupas be sent directly to trial, bypassing the committal hearing process. On 26 September 2006, Dupas appeared via video link in the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
, charged with Halvagis' murder, entering a plea of not guilty. Dupas' barrister David Drake told the Supreme Court his client was being unfairly dealt with by skipping the usual process of a committal hearing in the Magistrates' Court
Magistrates' Court of Victoria
The Magistrates' Court of Victoria is the lowest court in the Victorian court system, with the County Court of Victoria and the Supreme Court of Victoria respectively judicially higher...
. The Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
ruled on whether Dupas would face a committal hearing in November 2006. On 14 November 2006, Dupas appeared in the Supreme Court of Victoria before Justice John Coldrey, where he requested an opportunity to be able to cross-examine
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
witness Andrew Fraser before a criminal trial takes place.
On 12 December 2006, the Supreme Court of Victoria ordered Dupas be presented directly to trial for the murder of Mersina Halvagis, bypassing the usual committal hearing process.
Trial
The trial for the murder of Mersina Halvagis ran for 22 days. On 9 July 2007, the jury selected for the trial was discharged on a "legal technicality" when prosecutor Colin Hillman, SCSenior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
, advised Justice Philip Cummins that a failure to comply with the Jury Act had occurred when potential jurors were not advised of the possible duration of the trial.
Prosecution witness and disgraced lawyer Andrew Fraser
Andrew Fraser (lawyer)
Andrew Fraser was a high profile Melbourne based lawyer sentenced to seven years imprisonment with a minimum period of five years imprisonment in 2001 for being knowingly concerned with the importation of a commercial quantity of cocaine...
described to the jury how Dupas attacked Halvagis. Fraser has now submitted a claim to the $1 million reward.
Dupas was found guilty of the murder of Mersina Halvagis on 9 August 2007 and appeared for a pre-sentencing hearing eight days later. Dupas was sentenced to his third life sentence with no minimum term. The sentencing judge allowed permission for one television camera to record the sentencing of Dupas, the only televised sentencing in Australia since the 1995 sentencing of child killer Nathan John Avent. Upon sentencing Dupas, the judge said "life means life".
On 10 September 2007, lawyers for Dupas submitted an appeal on the basis the verdict of guilty for the murder of Halvagis was unsafe and unsatisfactory.
On 17 September 2009, Dupas' appeal against the conviction was upheld in Victoria's Court of Appeal by a two to one majority. The Court ruled that the directions of the judge in the original trial were inadequate.
On 14 October 2009, lawyers for Dupas argued that the proceedings against him should be stayed permanently based on the publicity surrounding the case. Victorian Supreme Court Justice Paul Coghlan disagreed and set the trial date for 7 April 2010.
On 26 October 2010, a new trial for the murder of Mersina Halvagis commenced in the Victorian Supreme Court.
On 19 November 2010, Dupas was again convicted of the murder of Mersina Halvagis after three and half days of deliberations by the jury. On the 26 November 2010, Dupas was sentenced to life in prison, without the possibility of parole.
Murder of Helen McMahon
Helen McMahon was a 47-year-old woman found bashed to death on a RyeRye, Victoria
Rye is a seaside resort town, approximately 83 km south of Melbourne, Victoria, Australia, on the Mornington Peninsula, Victoria, Australia. Its bay beach is popular with swimmers, fishermen, yachtsmen and kitesurfers. Its ocean beach is also popular with surfers...
beach on 13 February 1985. Although Dupas was imprisoned at the time of McMahon's murder and was not released until two weeks later, investigators learned Dupas was on pre-release leave from prison and living in the Rye area when McMahon was killed.
McMahon was sunbathing topless on the beach when attacked. Her body was discovered naked, covered by her beach towel. The location of the murder of McMahon was nearby to the location where Dupas had earlier raped a 21-year-old woman at a beach in Blairgowrie, for which he was convicted and served a term of imprisonment. Police believe McMahon may have been Dupas' first murder victim, although her murder officially remains unsolved.
Murder of Renita Brunton
Dupas is a suspect in the murder of 31-year old Renita Brunton at Sunbury, VictoriaSunbury, Victoria
Sunbury is a regional city, located north-west of Melbourne's central business district, in the state of Victoria, Australia. Its Local Government Area is the City of Hume. At the 2006 Census, Sunbury had a population of 31,000...
in 1993.
Murder of Kathleen Downes
Dupas is a suspect in the murder of 95-year-old Kathleen Downes at the Brunswick Lodge nursing home in BrunswickBrunswick, Victoria
Brunswick is a suburb in Melbourne, Victoria, Australia, 6 km north from Melbourne's central business district. Its Local Government Area is the City of Moreland...
. Downes was stabbed to death at 6:30a.m. on 31 December 1997, a month after Halvagis' murder. Police investigations revealed Dupas had telephoned the nursing home some time before the murder. No charges have been laid regarding Downes' murder. Her murder is being considered for referral to the State Coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
.
Marriage
While imprisoned at Melbourne's Pentridge Prison, Dupas formed a relationship with mental health nurse Grace McConnell, who was 16 years his senior. The pair married in 1987 inside Castlemaine GaolCastlemaine Gaol
The Old Castlemaine Gaol was a prison located in Castlemaine, Victoria, Australia. The prison was modelled on Pentonville; the present building replaced the original, designed by Inspector General John Price, was never occupied...
.
McConnell described her marriage to Dupas during the inquest into the murder of Mersina Halvagis:
"He insisted that he was in love with me .... and that with my help he could come out of himself and become a normal person. I agreed (to marry Dupas), not out of particular love for this man but from a sense of responsibility to helping him become a useful member of the community. In my mind, our relationship was mother and son.
"Our sex life was very basic, almost non-existent. I would go along with it out of a sense of responsibility … It got to the stage where I could not bear him touching me.
His new wife found him to be a self-obsessed, lazy, needy, and a snob, and they divorced during the mid 1990s.
Prison life
As of 2006, Dupas is serving his sentences between the maximum security protection unit of Port Phillip Correctional Centre, at LavertonLaverton, Victoria
Laverton is a suburb in Melbourne, Victoria, Australia, 17 km south-west from Melbourne's central business district. Its Local Government Area are the Cities of Hobsons Bay and Wyndham. At the 2006 Census, Laverton had a population of 4508.-History:...
and HM Prison Barwon in Lara
Lara, Victoria
Lara is a residential rural suburb, 15 km north-east of Geelong, inland from the Princes Freeway to Melbourne.- History :The explorers Hume and Hovell arrived at Lara on December 16, 1824, believing that they had reached Westernport Bay...
, a northern suburb of Geelong
Geelong, Victoria
Geelong is a port city located on Corio Bay and the Barwon River, in the state of Victoria, Australia, south-west of the state capital; Melbourne. It is the second most populated city in Victoria and the fifth most populated non-capital city in Australia...
. He has attempted suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
several times while imprisoned. Prison staff describe him as a model prisoner while in custody and "a monster" whenever released.
Summary of criminal convictions
Before his first conviction for murder, Dupas had 16 prior convictions involving acts of sexual violenceSexual violence
Sexual violence occurs throughout the world, although in most countries there has been little research conducted on the problem. Due to the private nature of sexual violence, estimating the extent of the problem is difficult...
from six court appearances between 27 March 1972 and 11 November 1994.
| Date | |Comments | |
|---|---|---|
| 25 July 1974 | Rape Rape Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The... |
Sentenced to 9 years imprisonment. |
| 28 February 1980 | Rape | Committed two months after his release from prison. Sentenced to 5 years imprisonment. |
| 28 June 1985 | Rape | Committed 4 days after his release from prison. Sentenced to 12 years imprisonment. |
| 18 August 1994 | False imprisonment False imprisonment False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention... |
Sentenced to 3 years imprisonment. |
| 22 August 2000 | Murder Murder Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide... |
Nicole Patterson. Sentenced to life imprisonment with no minimum period. |
| 16 August 2004 | Murder | Margaret Maher. Sentenced to life imprisonment with no minimum period. |
| 9 August 2007 | Murder | Mersina Halvagis. Sentenced to life imprisonment with no minimum period on 27 August 2007. Conviction set aside after successful appeal by Dupas |
| 19 November 2010 | Murder | Mersina Halvagis (retrial). Sentenced to life imprisonment with no minimum period on 26 November 2010. |
Chronology
- 6 July 1953 born
- 3 October 1968 at age fifteen he stabbed his female neighbour and received eighteen months probation
- 25 July 1974 sentenced to 5 to 9 years imprisonmentImprisonmentImprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
for rape aged 21 - 1979 approximately two months after his release from prison, Dupas again molested women in four separate attacks over a ten day period.
- 28 February 1980 Dupas received a five year minimum prison sentence for three charges of assault with intent to rape, malicious wounding, assault with intent to rob, and indecent assault.
- 1985 February released from prison
- 28 June 1985 Dupas was sentenced to twelve years imprisonment for rape that was committed four days after his release from prison.
- Less than two years after his release from prison, Dupas was arrested on charges of false imprisonmentFalse imprisonmentFalse imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
over an incident at Lake EppalockLake EppalockLake Eppalock is a man-made lake located in North Central Victoria, Australia. It's situated on the Campaspe River between the city of Bendigo and the town of Heathcote and serves as a major water storage facility for both places...
during January 1994 - 18 August 1994 after entering a guilty plea to one count of false imprisonment, Dupas was sentenced to three years and nine months imprisonment, with a minimum period of two years and nine months.
- 1996 September Dupas released from prison
- 4 October 1997 The murdered body of Margaret Josephine Maher was discovered.
- 1 November 1997 Mersina Halvagis murdered. Body discovered the next day.
- 19 April 1999 The murdered body of Nicole Amanda Patterson was discovered.
- 22 April 1999 police arrested Dupas
- 22 August 2000 Sentenced to life imprisonment for the murder of Nicole Patterson with no minimum period.
- 16 August 2004 Dupas was convicted of the murder of Maher and sentenced to a second term of life imprisonment.
- 11 September 2006 police charged Dupas with the murder of Mersina Halvagis
- 9 August 2007 Dupas was convicted of the murder of Mersina Halvagis.
- 27 August 2007 Dupas sentenced to serve life imprisonment for the murder of Mersina Halvagis.
- 17 September 2009 Dupas' appeal upheld against conviction for the murder of Mersina Halvagis, verdict set aside.
- 25 October 2010 second trial for the murder of Mersina Halvagis begins.
- 19 November 2010 Dupas is convicted for a second time of the Halvagis murder.
- 26 November 2010 sentenced to life imprisonment for the murder of Mersina Halvagis, with no minimum term.