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Tuesday, 02 December 2008

No murder conviction for schoolboy after victim's stabbing death

29/08/2008 6:55:00 PM.  | 
A Sydney schoolboy who fatally stabbed an autistic man in a public toilet has escaped a murder conviction in the NSW Supreme Court.

The 18-year-old, who cannot be named for legal reasons, closed his eyes today as the jury convicted him of the lesser charge of manslaughter.

The youth was accused of murdering Asperger's syndrome sufferer Gerard Fleming, who was stabbed to death in a public toilet block at Narrabeen, in Sydney's northern beaches, last June.

Taking the stand in his own defence during the trial, the teen told the jury he shared a beer with Mr Fleming while sheltering in the toilets during a storm.

Describing him as "nicer than most people you randomly meet", the youth said Mr Fleming spoke "a little bit slower than normal" but seemed friendly.

He claimed the stabbing occurred after Mr Fleming, 35, approached him with his trousers pulled down and tried to grab him in a bear hug.

"I pushed him back in the chest area ... but he kept taking it as a joke," the youth told the court.

"I had the knife in my right pocket ... and I just pulled it out and stabbed him. It happened really fast."

The youth claimed he was provoked and acted to protect himself, a defence which was accepted by the jury in its manslaughter verdict.

He claimed not to know the toilet block was a gay beat, where homosexual men engaged in sexual activity after dark.

Mr Fleming's neighbour Diana Van Bell told the court he had confided in her in 2006 that he was gay and frequented beats.

The youth will face a sentencing hearing on October 24.

COMMENTS

Saturday, 30 August 2008

No, no, no. This is not right. The kid knew where he was and could easily have gotten away from the amorous man trying to hold him too close for comfort. The kids reaction was way over the top. I believe both were looking for love in the wrong place. Poor Gerard.

Posted by: Pithy Opiner, California, USA

 
 

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