A councillor charged with the homicide of his stepfather instructed police he’d been “dominating and abusive” in direction of him for years, a court was instructed.
Gold Coast Metropolis councillor Ryan Donald Bayldon-Lumsden, 30, was charged with homicide after the physique of Robert Malcolm Lumsden, 58, the de facto companion of Mr Bayldon-Lumsden’s mom Katrina Bayldon was discovered at their Arundel house on August 23.
Emergency providers had been known as to the Chifley Place house 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 sporting a forensic go well with and spoke to police for practically three hours with no lawyer current.
The DPP will allege he positioned his stepfather in a deadly chokehold after an argument between the pair.
It is going to 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 house confidential recordsdata 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 instructed.
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 might be jailed for killing somebody in self defence, the court was instructed.
His defence barrister, Craig Eberhardt, mentioned 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 instructed 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 mentioned his client’s life had successfully been managed by Mr Lumsden for a few years, together with managing his funds, relationships and profession.
“He instructed police his stepfather had managed, dominated, humiliated, abused and threatened him for years,” Mr Eberhardt mentioned.
The court was instructed 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 mentioned his client, whom he described as a “calm, light 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 consuming 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 load of his stepfather.
The court was instructed it was throughout these moments that Mr Bayldon-Lumsden allegedly positioned his stepfather in a chokehold.
Mr Eberhardt mentioned his client “couldn’t do a correct chokehold” due to the scale of his stepfather’s neck, so he used each his arms.
The court was instructed Mr Lumsden weighed 115.4kg, whereas his stepson weighed 53.8kg after shedding about 7kg in “a minimum of a number of months attributable to the stress of residing with the deceased and the distressing behaviour”.
Mr Bayldon-Lumsden allegedly instructed police he had feared if his stepfather bought again up off the bottom he might attain for the knife on the counter close by and “kill him”.
“He instructed police he had no intention to kill him, he was afraid for his life,” Mr Eberhardt mentioned.
“If he let go, the deceased would stand up and kill him.
“As soon as (Mr Lumsden) stopped struggling, (Mr Bayldon-Lumsden) known as emergency providers.”
The court was instructed Mr Bayldon-Lumsden had educated in martial arts as a young person and knew how one can do sure chokeholds, having had them executed to him greater than a decade in the past.
Mr Eberhardt mentioned 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 might get away to name police,” he mentioned.
“He accepted his stepfather may go out, not die.”
The court was instructed Mr Bayldon-Lumsden carried out CPR on his stepfather till emergency providers arrived.
The court was instructed Mr Bayldon-Lumsden had beforehand contacted home violence hotlines for recommendation after caring about his stepfather’s elevated degree of aggression in 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 instructed him to do”, the court was instructed.
His mom had in her written affidavit to the court confirmed that her companion, 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 adequate to notice that she confirms the controlling coercive and abusive nature of the deceased within the home violence relationship of all relations and he made life at house pretty disagreeable and the family was not a cheerful household family.” he mentioned.
“He (Mr Bayldon-Lumsden) instructed police his stepfather was controlling, manipulative and abusive and had been so for a few years,” Justice Crowley mentioned.
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 afterward Thursday.
Throughout a earlier court point out in Southport Magistrates Court, Mr Bayldon-Lumsden’s defence lawyer Jason Murakami mentioned his client meant 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 danger of failing to look at his subsequent court look.
Justice Crowley granted bail on the situation Mr Bayldon-Lumsden dwell together 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 result of his bail software will decide whether or not he stays in his Division 7 position.