Mercury (Hobart)

WHY WAS OUR DON KILLED?

FAMILY PAIN: Killer gets 22 years for brutal murder of his friend

- LORETTA LOHBERGER Court Reporter

THE heartbroke­n family of a man bashed to death on a lonely Tasmanian road is struggling to understand why he was murdered.

Russell John Nowoczynsk­i, 49, was sentenced to 22 years’ jail yesterday for murdering Donald William Crow, 39.

A TAROONA man who kicked and bashed his friend, Donald William Crow, to death on a lonely country road has been sentenced to 22 years’ jail, with a non-parole period of 13½ years.

Mr Crow’s father, Phillip Crow, said there were still many unanswered questions about his son’s 2016 death.

In February, a jury found Russell John Nowoczynsk­i, 49, guilty of murdering Mr Crow, 39, on the night of June 11, 2016, near Interlaken, northwest of Oatlands.

Chief Justice Alan Blow sentenced Nowoczynsk­i yesterday in the Supreme Court in Hobart.

Chief Justice Blow said Nowoczynsk­i murdered Mr Crow, a friend and work colleague, “by beating and kicking him to death on a lonely country road” during a night away at Mr Crow’s family shack.

After spending most of the day and evening together, Chief Justice Blow said, the two men went to Oatlands to buy alcohol and a violent fight occurred on the way back to the shack. He said Mr Crow was intoxicate­d at the time.

“I do not understand why Mr Nowoczynsk­i and Mr Crow started to fight, and I do not understand why Mr Nowoczynsk­i, having overpowere­d Mr Crow, continued to assault him so viciously that, in the end, he murdered a defenceles­s man,” he said.

“While Mr Crow was lying on the road and dying, Mr Nowoczynsk­i took some ‘selfie’ photograph­s of himself with his mobile phone, recorded a short video of himself which he later deleted, removed Mr Crow’s jacket, and put it in the vehicle. It was snowing. Mr Nowoczynsk­i found Mr Crow’s keys and drove off, leaving him there dying.”

Chief Justice Blow said Nowoczynsk­i’s comments to police that Mr Crow became aggressive and attacked him, and that he was taken by surprise were not reliable.

“He could well have lied in an attempt to shift as much blame as possible on to Mr Crow,” he said.

During the trial, state forensic pathologis­t Dr Donald Ritchie said Mr Crow suffered at least 12 blows or kicks to the head, he found stones in Mr Crow’s oesophagus, just above the stomach, and in his throat and airways leading to the lungs.

Chief Justice Blow said he was satisfied beyond reasonable doubt Nowoczynsk­i intended to kill Mr Crow.

“It is a particular­ly bad example of an intentiona­l killing because of the ferocity of the force used, the forcing of gravel into the victim’s mouth, and the abandonmen­t of the dying man on the road in the middle of nowhere, in the middle of the night, in the middle of winter.”

Chief Justice Blow said the murder had had “a terrible impact on all his family”.

“They will miss him greatly for the rest of their lives,” he said.

Outside the court, Mr

Crow’s father, Phillip Crow, and stepmother Gail Kenny, said Donald Crow was a compassion­ate and hardworkin­g man who loved his job as a viticultur­ist and who was much loved by his fiancee and three young children.

“All of the wonderful happy life that Don and his family had has been ended tragically in such circumstan­ces that will have devastatin­g effects forever on his family, especially his children who were so very noticeably close to Don,” Phillip Crow said.

Phillip Crow said two other people were considerin­g going to the shack with Mr Crow and Nowoczynsk­i but were unable to go.

He said his son was concerned about going to the shack alone with Nowoczynsk­i but did not want to let Nowoczynsk­i down.

Phillip Crow said he and Ms Kenny planned to meet Do- nald at the shack the following morning, but by the time they were driving along Interlaken Rd, it was too late.

“I need to know the reasons of how and why this has happened, how could a so-called work colleague become a murderer, especially when we know that he was invited for such a friendly, relaxing weekend away,” Phillip Crow said.

He said he was also left wondering how the community could ever be protected from unexpected violence.

“There is too much crime in our society that has no sensible reasoning, creating too many ongoing problems for families, communitie­s, and our country’s authoritie­s,” he said.

He and Ms Kenny said they were disappoint­ed with the sentence Nowoczynsk­i received.

“No matter how long the sentence was, it won’t bring Don back,” Ms Kenny said.

Mr Crow said: “It’s not enough for a life.”

The couple want the length of sentences to be reviewed, and more support for victims’ families, particular­ly children who lose loved ones.

Chief Justice Blow ordered a psychiatri­c report on Nowoczynsk­i before he sentenced him.

Yesterday he said neither of the two psychiatri­sts who assessed Nowoczynsk­i had found any evidence of mental illness.

Delays in receiving the reports meant the sentencing was also delayed.

As Nowoczynsk­i was taken from the courtroom, one of Mr Crow’s relatives said: “You’re disgusting.” Another said: “It’s going to be a long 13 years, mate.”

Newspapers in English

Newspapers from Australia