Danielle Lee Birchell, 49, convicted of murdering her father-in-law Kon Kritikos, continues to assert her innocence, a Victorian Supreme Court hearing was told.
Birchell appeared for a pre-sentence hearing on Tuesday, February 18, after a jury found her guilty of murder last year.
The case dates back to November 11, 2020, when Birchell and her partner, George Kritikos, arrived at his parents’ home in Coburg.
Inside, George’s father, Kon, was found with fatal head injuries and died 13 days later in hospital. George later told police that Kon identified the attacker as “her, her, her” in Greek.
Prosecutors argued that Birchell brutally attacked the elderly man earlier that day between 3.30pm and 5pm, using a weapon similar to a gardening mattock.
Crown prosecutor Sarah Thomas described the attack as “ferocious” and “brutal,” with Birchell abusing a position of trust. She suggested that Birchell, living beyond her means, may have gone to Kon’s house to ask for money or to steal, but did not intend to commit violence.
In response, Birchell’s defence lawyer, Chris Pearson, maintained that his client was not responsible for Kon’s death.
The defence proposed an alternative theory that Kon was killed by an unknown person during a “run through” orchestrated by George and their alleged heroin dealer, Nathan Stone, with Birchell being blamed. Both George and Stone denied involvement, and no charges have been laid against them.
Pearson acknowledged the jury’s guilty verdict but urged the court to consider Birchell’s troubled background, including a deprived childhood, domestic violence experiences, and complex PTSD.
He stated that she would benefit from rehabilitation during her imprisonment.
Birchell will return to court on April 4 for sentencing, where Justice Christopher Beale is expected to hand down her punishment.
Source: Yahoo.
