Chef found not guilty of murdering home invasion burglar

Newcastle chef Benjamin Batterham has been found not guilty of murdering a man who broke into his house in the suburb of Hamilton.

Burglar Ricky Slater was found by Batterham in his infant daughter’s bedroom trying to steal a handbag.

Batterham chased Slater and tackled him with headlock. During the struggle Batterham was bitten twice, had his tooth chipped and cheekbone injured. Slater, who was a convicted rapist and drug addict, lost consciousness during the struggle and was taken to John Hunter Hospital in a critical condition. Slater suffered multiple organ failure after three cardiac arrests and died after his life support was switched off.

Crown Prosecutor Wayne Creasey told the trial that it was within Batterham’s rights to chase and detain Slater, but that he “went completely over the top” and choked Slater to death.

Winston Terracini, SC for Batterham, said that Slater had a lethal level of methamphetamine in his system at the time, and that he also had a heart condition and was obese.

Batterham said in a letter to the jury that he was “not guilty”.

“I never intended to cause Mr Slater any serious harm,” he wrote.

“I wanted to apprehend him and get back was stolen.

“I admit I was angry and I hit him, but I was only trying to keep him from getting away.

“He was constantly struggling and fighting, he bit me on the right arm.

“All I wanted was for him was to stop.”

Sheridan Randall, 20^th November 2019