A councillor charged with the homicide of his stepfather informed police he’d been “dominating and abusive” in the direction of him for years, a court was informed.
Gold Coast Metropolis councillor Ryan Donald Bayldon-Lumsden, 30, was charged with homicide after the physique of Robert Malcolm Lumsden, 58, the de facto associate of Mr Bayldon-Lumsden’s mom Katrina Bayldon was discovered at their Arundel dwelling on August 23.
Emergency companies had been known as to the Chifley Place dwelling in Arundel, the place Mr Bayldon-Lumsden resided alongside his mum, stepdad and half-sister Ruth, simply after 3pm following an alleged “disturbance”.
Responding officers carried out CPR on Mr Lumsden however he was pronounced useless at 3.50pm.
Mr Bayldon-Lumsden was taken into custody carrying a forensic go well with and spoke to police for almost three hours and not using a lawyer current.
The DPP will allege he positioned his stepfather in a deadly chokehold after an argument between the pair.
It can even be alleged that the historical past between the 2 males was motive for Mr Bayldon-Lumsden to homicide his stepfather.
It’s alleged Mr Lumsden had repeatedly threatened to report the councillor for misconduct for bringing dwelling confidential information from council if he had been to maneuver out of the home.
Mr Bayldon-Lumsden had googled manslaughter self-defences two days earlier than the killing, the court was informed.
His Google historical past confirmed that throughout the span of six minutes, Mr Bayldon-Lumsden had clicked on a narrative about alleged Gold Coast bikie Christos Panagakos, who in March was acquitted of the capturing manslaughter of his ex- girlfriend Ivana Jovanovic.
He then searched about whether or not you would be jailed for killing somebody in self defence, the court was informed.
His defence barrister, Craig Eberhardt, stated the prosecution would want to show there was intent to homicide Mr Lumsden and police had been “latching on” to the Google searches as proof.
The court was informed Mr Bayldon-Lumsden had no prison historical past.
Mr Eberhardt made an software for bail on behalf of his client within the Brisbane Supreme Court on Thursday.
Mr Eberhardt stated his client’s life had successfully been managed by Mr Lumsden for a few years, together with managing his funds, relationships and profession.
“He informed police his stepfather had managed, dominated, humiliated, abused and threatened him for years,” Mr Eberhardt stated.
The court was informed that Mr Bayldon-Lumsden and his stepfather had allegedly argue for about two hours of their lounge room earlier than the pair walked into the kitchen.
Mr Eberhardt stated his client, whom he described as a “calm, mild and peaceable man”, had been pushed by his stepfather within the kitchen.
Mr Bayldon-Lumsden then allegedly pushed Mr Lumsden again, and he fell over on the bottom after tripping over their cat’s ingesting bowl.
As Mr Lumsden tried to get again up off the bottom, his stepson tried to push him again down and the pair each ended up on the bottom, with Mr Bayldon-Lumsden beneath the burden of his stepfather.
The court was informed it was throughout these moments that Mr Bayldon-Lumsden allegedly positioned his stepfather in a chokehold.
Mr Eberhardt stated his client “couldn’t do a correct chokehold” due to the dimensions of his stepfather’s neck, so he used each his arms.
The court was informed Mr Lumsden weighed 115.4kg, whereas his stepson weighed 53.8kg after shedding about 7kg in “no less than a number of months attributable to the stress of residing with the deceased and the distressing behaviour”.
Mr Bayldon-Lumsden allegedly informed police he had feared if his stepfather received again up off the bottom he may attain for the knife on the counter close by and “kill him”.
“He informed police he had no intention to kill him, he was afraid for his life,” Mr Eberhardt stated.
“If he let go, the deceased would rise up and kill him.
“As soon as (Mr Lumsden) stopped struggling, (Mr Bayldon-Lumsden) known as emergency companies.”
The court was informed Mr Bayldon-Lumsden had skilled in martial arts as a youngster and knew the best way to do sure chokeholds, having had them executed to him greater than a decade in the past.
Mr Eberhardt stated his client “had no intentions to harm his stepfather” however merely wished to cease him from attacking him.
“He’d hoped his stepfather would go out so he may get away to name police,” he stated.
“He accepted his stepfather may go out, not die.”
The court was informed Mr Bayldon-Lumsden carried out CPR on his stepfather till emergency companies arrived.
The court was informed Mr Bayldon-Lumsden had beforehand contacted home violence hotlines for recommendation after worrying about his stepfather’s elevated degree of aggression in the direction of him in latest months.
Mr Bayldon-Lumsden alleged his stepfather had “repeatedly threatened to kill him if he didn’t do what he informed him to do”, the court was informed.
His mom had in her written affidavit to the court confirmed that her associate, Mr Lumsden, had managed their family for a few years.
Justice Lincoln Crowley referred to Ms Bayldon’s affidavit when he granted bail to the councillor on Thursday.
“It’s enough to notice that she confirms the controlling coercive and abusive nature of the deceased within the home violence relationship of all members of the family and he made life at dwelling pretty disagreeable and the family was not a contented household family.” he stated.
“He (Mr Bayldon-Lumsden) informed police his stepfather was controlling, manipulative and abusive and had been so for a few years,” Justice Crowley stated.
Mr Bayldon-Lumsden didn’t seem earlier than the court on Thursday.
He’s anticipated to be launched from Arthur Gorrie Correctional Centre on bail in a while Thursday.
Throughout a earlier court point out in Southport Magistrates Court, Mr Bayldon-Lumsden’s defence lawyer Jason Murakami stated his client supposed to plead not responsible.
No formal plea has been entered.
Crown prosecutor Matt Le Grand opposed the bail software on the grounds the DPP discovered Mr Bayldon-Lumsden posed a threat of failing to seem at his subsequent court look.
Justice Crowley granted bail on the situation Mr Bayldon-Lumsden reside along with his girlfriend and report repeatedly to police.
His mom additionally dedicated to paying $250,000 surety to permit the bail to be granted.
Mr Bayldon-Lumsden was elected to Gold Coast Metropolis Council in 2020.
Mayor Tom Tate confirmed he’d contacted Performing Premier Steven Miles about Mr Bayldon-Lumsden’s place as councillor.
It’s understood the end result of his bail software will decide whether or not he stays in his Division 7 position.