MAJOR UPDATE 26/03/2015
Jill Meagher killer Adrian Bayley found guilty of three more rapes
One of Australia’s most notorious predators, murderer and serial rapist Adrian Bayley, has been found guilty of three more brutal rapes of young women in Melbourne in the years before he murdered Jill Meagher.
Bayley, 43, raped and murdered the 29-year-old ABC staffer as she walked home from a night out in Brunswick in Melbourne’s north in September 2012, in a crime that shocked the nation.
Now, it has been proven beyond reasonable doubt that Bayley raped other women, including a young Dutch tourist in 2012, and two young prostitutes – one of them also in 2012 and the other almost 15 years ago.
Bayley pleaded not guilty in all three rape trials before the County Court, forcing the victims to give evidence and re-live their trauma in a series of trials that began last year and ended today.
His defence argued that while they did not dispute that the women had been victims of sexual assault, they had mistaken their attacker for Bayley because he had been so prominent in the media.
Broad suppression orders have prevented publication of any details from the three rape trials.
But with the return of the third guilty verdict the suppressions have been lifted.
Adrian Bayley pleaded not guilty in all three trials
The fresh cases against Adrian Bayley
The victim in the first trial, held in July last year, was 18 years old in late 2000, and the court heard was from a good home, but became hooked on heroin when she was 14 and turned briefly to prostitution.
In his closting arguments, Senior Prosecutor Peter Rose QC said Bayley, who worked shiftwork in a nearby bakery at the time, was the woman’s third client and her last.
Horrific details emerged in court of the teenager’s sustained ordeal at the hands of Bayley, after he drove her in his car into a narrow laneway in St Kilda, out of sight of passing traffic.
Raping his victims in his car after parking it in confined spaces to ensure they could not escape would become a critical hallmark of Bayley’s offending.
Mr Rose said that at one point during the assault, another car drove into the laneway, and the teenager banged on the back window and mouthed “help me, please help me”.
But Bayley put his fingers down her throat so she could not breathe and threatened to kill her and the car drove away.
“[Bayley] said ‘you little slut, no-one will miss you’,” Mr Rose told the first jury.
“She was frozen with fear … she had never felt such fear in her life.
“She believed he was taking her somewhere to kill her.”
The prosecutor told the court it would be 11 years before she told authorities what had happened, later telling police “it all added up” when she heard about Ms Meagher’s murder, and saw Bayley’s image.
When she read about Jill Meagher, she immediately identified [Adrian Bayley’s] face.
Senior Prosecutor Peter Rose QC
“When she read about Jill Meagher, she immediately identified his face,” Mr Rose said.
In a chilling twist of the case, the court heard when she was first approached by Bayley, the teenager had just come from a prostitutes’ collective centre where she had been given a pamphlet with warnings of “bad men” who had been harassing local sex workers.
The 18-year-old was reading the pamphlet when she got into Bayley’s car and told him she could not believe “how many bad people are out there”.
Bayley told her he was “one of those bad guys”, Mr Rose said.
Two more rapes just months before Jill Meagher attack
The victim in the second rape trial was another street prostitute attacked by Bayley several months before the fatal attack on Ms Meagher.
The court heard she was 25 years old when Bayley picked her up in his car and drove it into a narrow, dead-end laneway in Elwood in April 2012.
Bayley told his victim that it was stupid she did not have a pimp or a “spotter” looking out for her, the prosecutor said.
- Adrian Bayley was brought to three separate trials from July 2014 for three rapes
- One of the rapes happened in 2000 and two in 2012
- He was found guilty in all three trials, after pleading not guilty
- Suppression orders on reporting were lifted upon the conclusion of third case in March 2015
- Bayley pleaded guilty to killing Jill Meagher in 2012 and was sentenced to life in prison, with a minimum of 35 years
- He had previously served a total of 11 years in prison for the rape and attempted rape of a total of eight women
- He was first jailed in 1991 for a minimum of three years for raping two teenagers and attempting to rape another when he was 19
- He was jailed again in 2001 for a minimum of eight years for raping five prostitutes over six months in 2000
- In 2012 while on parole, he assaulted a man in Geelong
- Bayley was on parole when he raped and murdered Ms Meagher and when he raped two other women in preceding months
Mr Rose told the court that when the victim struck out with her legs, cracking the windscreen, Bayley told her that he could “keep her for ages” and no-one would know she was missing.
At one point during the attack, the court heard Bayley wound up the car’s windows to muffle his victim’s screams.
The court heard he was also preoccupied with her identifying him from his tattoos.
Eventually, she convinced him to drive to a nearby hotel to use the bathroom, and when she came out and refused his demand to get back into the car, he drove away.
It was eight months later, three months after Jill Meagher was murdered, that the 25-year-old saw a police photo on a television report about another sex attack in St Kilda and called Crime Stoppers.
The jury in the second trial took less than an hour to return a guilty verdict.
In the third trial, the victim gave evidence via video-link from the Netherlands.
The prosecutor told the court that the Dutch tourist was walking home alone from the popular Elephant and Wheelbarrow pub in St Kilda in July 2012 on the night she was attacked.
She had been walking for half an hour from the beach precinct and was almost at St Kilda Road near her Balaclava share house, when she noticed two cars parked by the side of the road.
Mr Rose said the 27-year-old was “a little drunk” and when the driver of one of the cars beckoned her over to tell her he had seen a car following her and offered to drive her home, she got in.
He covered her mouth to stop her yelling and held her throat. He told her she couldn’t get out and no-one would hear her. She was afraid she was going to be killed.
Senior Prosecutor Peter Rose QC
That man was Bayley, Mr Rose told the court, and instead of taking her home, he drove to a small dark parking space near some apartments and “stopped between two fences”.
“She asked to get out … he said no,” Mr Rose told the jury.
“He said, ‘you can’t get out so you may as well have sex with me’.
“He then hit her to the side of the face … he covered her mouth to stop her yelling and held her throat. He told her she couldn’t get out and no-one would hear her.
“She was afraid she was going to be killed.”
Mr Rose said the young woman capitulated in fear for her life and encouraged Bayley to come back to her house, in the hope of escaping.
When he agreed and drove her home, she ran inside screaming and locked herself in the bathroom.
She told her housemates she thought she was going to die … she was crying hysterically.
Senior Prosecutor Peter Rose QC
The court heard Bayley took several steps inside the share house but fled when he realised other people were home.
The woman’s housemates called triple-0.
“She told her housemates she thought she was going to die … she was crying hysterically,” Mr Rose said.
Two months later, Bayley attacked Jill Meagher.
He was arrested five days later at his Coburg home, and led detectives to a shallow grave on a quiet road on Melbourne’s outer north-western fringe.
Bayley’s phone records, obtained during the investigation of Ms Meagher’s murder, showed that he was in St Kilda on the night of the backpacker’s rape.
Defence argued false identification of Adrian Bayley
The media blackout extended across all three County Court trials and jurors in all three of them were told nothing of the other cases pending against Bayley.
But such is Bayley’s notoriety in light of Ms Meagher’s rape and death, the court and lawyers took the extraordinary step of telling the pool of potential jurors at each trial exactly who he was in relation to that crime, right from the beginning.
“That is Adrian Bayley,” said defence lawyer Saul Holt, pointing across the courtroom during his opening statement in the third trial, just concluded.
That is Adrian Bayley … You know who he is.
Defence lawyer Saul Holt tells jurors as he points across the court
“You know who he is.”
Mr Holt said even if jurors had not been told of Bayley’s background, “you would probably have found out on your own anyway”.
“Please remember when you were empanelled, you were confident you could be impartial,” he told the jury.
“You took an oath to try this case only on the evidence. Please don’t fill in the gaps … distasteful as [the Jill Meagher case] is.”
Judge Sue Pullen also cautioned the jurors.
“It’s absolutely essential you put it out of your minds completely,” Judge Pullen said.
“It is essential not to look on the internet … or to investigate the background of Mr Bayley.
“We all have biases, we all have prejudices. I don’t expect everyone to lose them overnight but … you have to make a decision coldly, clinically.”
In all three trials, Mr Holt told jurors the defence did not dispute the victims were brutally raped, and that “something awful” happened to them.
But he told the juries, the victims had it wrong.
“In September 2012 he was arrested for the rape and murder of Jill Meagher and his details were everywhere … she [the victim] has identified things that she says were from him and that she’s got elsewhere,” Mr Holt said in the second trial of Bayley.
“Use your head, not your heart. Suspend your disbelief about the fact that I would defend him after all that you know about him.
“She [the victim] has jumped on the Adrian Bayley bandwagon.”
In returning three guilty findings, the jurors ultimately disagreed.
One of Victoria’s most violent criminals
The convictions add to a virtually unsurpassed record of violent sexual offending from a man in and out of prison and on the radar of authorities over many years, who was on parole when he attacked some of his victims, including Ms Meagher.
That last fatal attack on Ms Meagher horrified the community, leading to an enormous outpouring of grief and anger, with mainstream and social media coverage of a volume never seen before.
The extent of Bayley’s offending was last revealed when he was sentenced by Supreme Court Justice Geoffrey Nettle in June 2013 to life in prison, with a non-parole period of 35 years for the rape and murder of Ms Meagher.
“As your criminal record reveals, you are a recidivist violent sexual offender … in terms of moral culpability your killing of the deceased ranks among the worst kinds conceivable,” Justice Nettle told Bayley.
At the time, it emerged Bayley had been targeting, threatening and raping women his entire adult life.
His victims included his 16-year-old sister’s friend 25 years ago, a teenage hitchhiker and a series of St Kilda street workers in 16 rapes a decade later.
It was those crimes Bayley spent eight years in prison before his release on parole in 2010.
Adrian Bayley admitted raping and strangling Jill Meagher in a Melbourne laneway, but has pleaded not guilty to her murder. The 41 year old will stand trial in the Victorian Supreme Court after the Deputy Chief Magistrate found there was enough evidence for a jury to convict him. Bayley pleaded guilty to one count of rape in the Melbourne Magistrates Court yesterday and not guilty to murder and another two charges of rape.
UPDATE 5TH MAY 2013
Adrian Bayley arriving at court 5th May 2013
ADRIAN Bayley has arrived at the Supreme Court for a hearing over the death of Melbourne woman Jill Meagher, where he is expected to plead guilty to charges of murder. More to come…
Bayley, 41, pleaded guilty in the Melbourne Magistrates’ Court on March 12 to one count of raping Ms Meagher.
He pleaded not guilty to her murder and two of three counts of rape.
Bayley was set to stand trial over the murder in a Brunswick laneway in September – a year after the crime that shocked the nation.
Last moments of Jill Meagher’s life
- by: Paul Anderson – From: Herald Sun
- March 13, 2013 8:59AM
THE man accused of murdering Jill Meagher ran out of petrol after burying the Irish-born ABC employee in a shallow grave, according to court documents.
A police summary of the case against Adrian Bayley, tendered in court, was released to the media after Bayley’s committal hearing yesterday.According to the summary, on the night of September 21 last year, while Ms Meagher was out celebrating with friends in Brunswick, Bayley was arguing with his girlfriend at Swanston St’s Lounge Bar.
The pipeline layer, 41, was arguing with her about “jealousy and possessiveness”. His girlfriend left and returned to their home in Coburg.
“The accused (Bayley) attempted to contact his girlfriend by phone; however, she refused to answer or return text messages and phone calls,” the summary stated.
Bayley left the Lounge Bar at 12.25am and caught a taxi home. There, he changed into a blue hoodie jumper, the summary said.It was about 1am when Ms Meagher, 29, left the Brunswick Green Hotel with a friend and walked to the Etiquette Bar.
Her friend left soon after, twice offering Ms Meagher a ride in a taxi. But she declined, deciding to walk the short distance home.
On her way, outside Chemist Warehouse, she asked a group of three people for a cigarette and had a “short friendly conversation” with the trio.
She then continued on her way along Sydney Rd, towards Hope St. Bayley was in the area by that stage, and saw Ms Meagher walking alone.
“(Bayley) has run up from behind Ms Meagher before slowing to a walk as he approached her.” The Police summary said
Bayley would later tell police: “I was just walking ahead of her and we’d already interacted on Sydney Rd and that’s when she rang her brother. She was actually telling me about her father.”
Ms Meagher called her brother, Michael McKeon, at 1.35am to talk about their sick father.
Mr McKeon said he would call her back in a minute or two. He would try, but his sister’s phone would ring out several times.
Ms Meagher’s husband, Tom, knew his wife was out for drinks with workmates.
At 1.37am, he sent her a text message from their home: “Are you okay?”
The Chief Crown prosecutor, Gavin Silbert, SC, told the court it was 1.38am when Bayley “accosted” Ms Meagher and “proceeded to drag her into a laneway on Hope St between Oven St and Sydney Rd, where he has raped and strangled her”.
Bayley later told detectives: “I actually apologised. I can’t imagine how she felt but I know how I felt. All I thought was, ‘What have I done?’ ”
Mr Silbert told the court: “(Bayley) has left the body of the deceased in the laneway and returned to his home address, where he has collected a shovel and his white Holden Astra.”
At 1.47am, an extremely worried Tom Meagher sent his wife another text.
“Answer me, I’m really worried,” it read.
He sent another at 2.07am: “Please pick up.”
The court heard Bayley returned to the laneway at 4.22am and put Ms Meagher’s body into the boot of the car.
He drove to Blackhill Rd, Gisborne South, where he buried Ms Meagher by the side of the road.
“I cried, man, and I dug a hole . . . I didn’t cry for me,” Bayley told detectives.
Tom Meagher, meanwhile, had searched the Brunswick streets in vain.
Adrian Bayley as he was taken into custody in the back of a police car. Picture: Stephen Harman
“I kept trying to ring her but there was no answer,” he said in his police statement.
Bayley was driving home from Gisborne when his car ran out of petrol near the Calder Highway.
He managed to wave down motorist Dayle Watkins, who drove him to a nearby service station.
There, about 6am, he filled a jerry can with petrol.
Mr Watkins then drove Bayley back to his vehicle.
On September 27, after investigating the crime scene and gathering evidence, including CCTV footage and phone records, homicide detectives arrested Bayley.
“After investigators informed (Bayley) of the evidence implicating him, he made admissions,” the police summary stated.
“(Bayley) stated that it was due to the argument that he had had earlier in the night with his girlfriend, that (Bayley) had an angry and aggressive demeanour which he transferred onto the deceased.”
Yesterday, Bayley pleaded not guilty to one count of murder and two counts of rape.
He pleaded guilty to one charge of rape.
EDITED RECORD OF INTERVIEW WITH ADRIAN ERNEST BAYLEY TENDERED TO COURT
BAYLEY: You know what? I hope I never get out, because you know why I hope that, because then no one else ever has to be hurt because someone hurts me. I don’t deal with – with hurt very well. You know it wasn’t really my intention to hurt her, you know that? When we conversed, I swear to you man – I swear to I’d – I’d just – I spoke to her and she looked – she looked distraught. Does that make sense?
DETECTIVE:Yeah it does.
BAYLEY:She didn’t look happy.
DETECTIVE:Yeah it does.
BAYLEY:And I spoke to – I spoke to hear, you now and said, look, I’ll just – I’ll – I’ll help you, you know. That’s what I said to her and she was like fu… anyway it doesn’t matter. She flipped me off and that made me angry, because I was trying to do a nice thing. You know that?
DETECTIVE: Yeah yeah.
BAYLEY: She looked distraught.
BAYLEY:She looked distraught, you know. She looked like she was lost … always try to do the right thing some – you know, most of the time and I didn’t take well to her response, you know. I just don’t wanna go through it in detail. That – I can’t.
DETECTIVE: What happened to Jill?
BAYLEY:They should have the death penalty for people like me.
DETECTIVE:I can’t tell you what’s gonna happen.
BAYLEY:No well – that’s what I hope.
DETECTIVE:So you said she fobbed you off and you got angry. Tell me what happened then?
BAYLEY:Oh I just got pissed off and I actually walked off and she followed. I actually walked in front of her and she followed.
BAYLEY:And it just got worse.
DETECTIVE:Tell me what happened.
BAYLEY:(Starts to cry) … like a big sissy man.
BAYLEY:I wanna do the right thing. It’s not fair on any of this to – it’s not fair of any of this stuff to have happened, let alone her family and stuff too.
DETECTIVE:Would you be willing to come with me and show me?
BAYLEY:I’ll try. I’ll do my best man.
DETECTIVE:I appreciate that.
BAYLEY:I’m not sure how to get there.
BAYLEY:I know what I’m saying to you. It’s not fair for this to have happened, and it’s not fair on her family and its not fair on them not knowing. It’s not fair.
DETECTIVE:Um. I understand why you don’t want to go into the detail. I understand that totally. Um how – how did she die?
BAYLEY: (Starts to cry). I strangled her.
BAYLEY: (Continues to cry). What have I done? What have I done man?
DETECTIVE:And where did that happen?
BAYLEY:On Hope Street.
DETECTIVE:How did she come to get in the laneway?
BAYLEY:we – we walked past it.
BAYLEY:That far down Hope St. I didn’t take her from the street, or – you know?
DETECTIVE: Yeah and then?
BAYLEY:And we were just talking you know? We weren’t – there was no argument, there was no – it was just talking. And then um …
BAYLEY:I was just walking ahead of her and we’d already interacted on Sydney Rd, and that’s when she rang her brother. She was actually telling me about her father.
BAYLEY:You know? And I was just – I was trying to be nice and – she kept going from being nice to nasty, to nice, to – you know what I mean?
BAYLEY:And it just sort of ended up in the alley. I cant remember yeah, you know what I mean, 100 per cent, like how it ended up. We were just sort of – we were standing there.
DETECTIVE: Um how did you – how did you strangle her?
BAYLEY:With my hands.
DETECTIVE:With your hands. And once that had happened, what did you do?
(interview interrupted by knock at door, then resumes)
BAYLEY:I didn’t run.
DETECTIVE:You didn’t run?
BAYLEY:(starts to cry) That’s not it man. I actually apologised.
BAYLEY:But I didn’t run. I didn’t – didn’t know what to do. It’s a horrible feeling man.
BAYLEY:I can’t imagine how – how she felt, but I know how I felt. It’s not nice man, its not nice. And all I thought was what have I done? That’s all I thought. That was the thought in my head, what have I done after I said sorry. I didn’t know what else to say, man. I don’t know what else to say.
DETECTIVE:And what happened to her belongings?
BAYLEY:The phone I smashed. Just the other stuff I threw.
DETECTIVE:You walk to the side, you get the shovel. Tell me what you do.
BAYLEY:I cried man, and I dug a hole.
BAYLEY: I cried man, And I didn’t cry for me, you need to understand that. I didn’t cry for me, just like I’m not crying for me now.
Saturday September 22, 2012
- 1.30am: Jill Meagher leaves Bar Etiquette in Sydney Rd, Brunswick, in Melbourne’s inner-north to walk home. CCTV from the Dutchess Boutique captures both Ms Meagher and Adrian Bayley walking past.
- 1.38am: Mr Bayley allegedly grabs Ms Meagher and drags her into a nearby laneway off Hope St.
- 1.40am – 1.45am: Neighbours hear a woman yelling from laneway. After a few minutes the yelling stops.
- 2am: Tom Meagher tries calling his wife’s mobile phone.
- 4am: Mr Meagher leaves his home in Lux Way – not far from the scene – to go and look for his wife.
- 4.22am: It is alleged that having gone home to Coburg in Melbourne’s northern suburbs for a shovel, Mr Bayley returns in his white Holden Astra.
- 4.26am: Car allegedly drives off with Ms Meagher’s body in the boot.
- 6am: After continuing to call his wife’s phone all night without luck, Mr Meagher reports her missing.
Sunday September 23
- 12.30pm: A Facebook page is set up in the hope somebody saw Ms Meagher.
- 3.15pm: Police release public call for information about Ms Meagher’s disappearance.
Monday September 24
- 6.30am: Ms Meagher’s handbag found in lane off Hope St. Police believe it was planted the day before.
- 8.50am: Homicide squad takes over the case.
- 1.45pm: Forensic officers recover evidence from the lane way. Detectives interview Mr Meagher.
Tuesday September 25
- 12.30pm: Forensic police search the Meagher home and take away their car and bags of items for testing.
- 3.55pm: Police release footage from the Dutchess Boutique of Ms Meagher and a man in a blue hoodie.
- 6.15pm: Police return to the Meagher home and search again.
Thursday September 27
- 2.30pm: Mr Bayley arrested in Coburg.
- 3.58pm: Police interview with Mr Bayley begins.
- 10pm: Interview suspended while police travel to a site allegedly nominated by Mr Bayley.
Friday September 28
- 3am: Mr Bayley remanded at an out-of-sessions hearing after being charged with murder.
- 4am: Ms Meagher’s body is taken away by coronial staff after being recovered from a shallow grave at the side of Black Hill Rd in Gisborne South, north of Melbourne.