Kyla
04-01-2004, 02:59 PM
Killer 'worn down' by whingeing
Mark Oberhardt
02apr04
A HAIR salon owner convicted of killing his housemate was "worn down" by his victim's continual complaints about ongoing litigation, a court was told yesterday.
A Supreme Court jury in Brisbane took two days to find Marten Dol, 43, not guilty of murdering Willem Van Der Horst but guilty of manslaughter on the grounds of diminished responsibility. It was the second time Dol had stood trial after a jury last year was discharged when it failed to reach a verdict.
Four psychiatrists gave evidence at both trials about Dol's mental state when he killed Van Der Horst.
Justice Margaret White said it appeared Dol had been "a sick man" for some time and that some people would view his behaviour when he killed Van der Horst as "extraordinary".
She said Van Der Horst was obsessed about civil litigation he had been involved in and Dol had been "worn down" by Van Der Horst's continual complaints.
Justice White said Dol stabbed Van Der Horst, gagged him, and at one stage put sleeping pills in his coffee.
"We'll never really know what went on. We will be left to wonder what went on over those hours," she said.
Justice White sentenced Dol to nine years jail and noted 1475 days Dol had spent in custody on remand should be deemed as time served on the sentence.
The jury heard Dol had taken a prolonged period to kill Van Der Horst at the home, in which they each owned a half share, at Cleveland, in Brisbane's east, on or about April 29, 1999.
The jury heard taped confessions made by Dol to his girlfriend and to police on March 18, 2000.
The court was told Dol admitted Van Der Horst had got to the stage where he believed everyone was against him and constantly complained about on-going litigation over an invention of a parking system.
Van der Horst had on-going litigation against numerous people including former business partners.
Dol was on a disability pension from the mid-1990s because of depression and a bad back, but his condition improved enough that he was able to buy a hairdressing salon in the late 1990s.
Van Der Horst was an engineer who developed a parking system which could "stack and store cars". He was involved in litigation about the system and was adamant he was cheated by former business partners.
In April 1999, Dol went to police and told them he had found Van Der Horst dead at the house.
Dol claimed he was in and out of the house and had not noticed Van Der Horst, who was to go into hospital for a minor operation, was missing.
It wasn't until a year later Dol admitted the killing to his girlfriend and she went to police.
Dol then confessed on videotape to police and indicated one discussion about Van Der Horst's problems had proved too much for him.
He stabbed Van Der Horst in the back and left him dead on the floor for two days before approaching police.
Barrister Simon Hamlin-Harris, for Dol, said the central issue in the trial had always been one of diminished responsibility, where an accused was mentally impaired.
He said Dol had offered to plead guilty to manslaughter before the trial and before his first trial.
Mr Hamlin-Harris said Dol had received treatment while on bail and had worked in the jail library.
Prosecutor Peter Feeney said the sentence should reflect the fact a life had been taken.
Mark Oberhardt
02apr04
A HAIR salon owner convicted of killing his housemate was "worn down" by his victim's continual complaints about ongoing litigation, a court was told yesterday.
A Supreme Court jury in Brisbane took two days to find Marten Dol, 43, not guilty of murdering Willem Van Der Horst but guilty of manslaughter on the grounds of diminished responsibility. It was the second time Dol had stood trial after a jury last year was discharged when it failed to reach a verdict.
Four psychiatrists gave evidence at both trials about Dol's mental state when he killed Van Der Horst.
Justice Margaret White said it appeared Dol had been "a sick man" for some time and that some people would view his behaviour when he killed Van der Horst as "extraordinary".
She said Van Der Horst was obsessed about civil litigation he had been involved in and Dol had been "worn down" by Van Der Horst's continual complaints.
Justice White said Dol stabbed Van Der Horst, gagged him, and at one stage put sleeping pills in his coffee.
"We'll never really know what went on. We will be left to wonder what went on over those hours," she said.
Justice White sentenced Dol to nine years jail and noted 1475 days Dol had spent in custody on remand should be deemed as time served on the sentence.
The jury heard Dol had taken a prolonged period to kill Van Der Horst at the home, in which they each owned a half share, at Cleveland, in Brisbane's east, on or about April 29, 1999.
The jury heard taped confessions made by Dol to his girlfriend and to police on March 18, 2000.
The court was told Dol admitted Van Der Horst had got to the stage where he believed everyone was against him and constantly complained about on-going litigation over an invention of a parking system.
Van der Horst had on-going litigation against numerous people including former business partners.
Dol was on a disability pension from the mid-1990s because of depression and a bad back, but his condition improved enough that he was able to buy a hairdressing salon in the late 1990s.
Van Der Horst was an engineer who developed a parking system which could "stack and store cars". He was involved in litigation about the system and was adamant he was cheated by former business partners.
In April 1999, Dol went to police and told them he had found Van Der Horst dead at the house.
Dol claimed he was in and out of the house and had not noticed Van Der Horst, who was to go into hospital for a minor operation, was missing.
It wasn't until a year later Dol admitted the killing to his girlfriend and she went to police.
Dol then confessed on videotape to police and indicated one discussion about Van Der Horst's problems had proved too much for him.
He stabbed Van Der Horst in the back and left him dead on the floor for two days before approaching police.
Barrister Simon Hamlin-Harris, for Dol, said the central issue in the trial had always been one of diminished responsibility, where an accused was mentally impaired.
He said Dol had offered to plead guilty to manslaughter before the trial and before his first trial.
Mr Hamlin-Harris said Dol had received treatment while on bail and had worked in the jail library.
Prosecutor Peter Feeney said the sentence should reflect the fact a life had been taken.