A well-liked younger councillor charged with the homicide of his stepfather will argue his whole life was successfully managed by the older man, a court has been informed.
Gold Coast Metropolis councillor Ryan Donald Bayldon-Lumsden, 30, was charged with homicide of his stepfather Robert Malcolm Lumsden, 58, on August 23.
Mr Lumsden was in a de facto relationship with Mr Bayldon-Lumsden’s mom, Katrina Bayldon, whom he shared an 18-year-old daughter, Ruth, with.
The family of 4 all lived underneath the one roof on the Chifley Place house in Arundel.
Mr Bayldon-Lumsden had referred to as emergency providers after his stepfather allegedly misplaced consciousness simply after 3pm on August 23.
The pair had been in a bodily altercation within the kitchen, the place Mr Bayldon-Lumsden positioned his stepfather right into a chokehold.
Responding officers carried out CPR on Mr Lumsden, however he was pronounced useless at 3.50pm.
His stepson was later charged with homicide.
The revered councillor has since been granted bail within the Brisbane Supreme Court.
Household dispute turns deadly
Throughout Thursday’s bail software, the court was informed that Mr Bayldon-Lumsden and his stepfather had allegedly argued for about two hours within the lead-up to the older man’s loss of life.
Mr Lumsden allegedly adopted his stepson into the kitchen earlier than pushing the youthful man.
Mr Bayldon-Lumsden then allegedly pushed Mr Lumsden again, which pressured him to fall 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 Bayldon-Lumsden’s defence barrister Craig Eberhardt KC mentioned his client used each his arms to render Mr Lumsden unconscious as a result of he “couldn’t do a correct choke maintain” due his stepfather’s measurement.
The court was informed Mr Lumsden weighed 115.4kg, whereas his stepson weighed 53.8kg after dropping about 7kg in “at the least just a few months brought on by the stress of dwelling with the deceased and the distressing behaviour”.
Mr Bayldon-Lumsden allegedly later informed police he had feared his stepfather may harm him if he’d regained consciousness.
He’d reported to police that there was a knife on the counter close by and he’d anxious Mr Lumsden would use it to kill him.
“He informed police he had no intention to kill him, he was afraid for his life,” Mr Eberhardt mentioned.
“If he let go, the deceased would rise up and kill him.
“As soon as (Mr Lumsden) stopped struggling, (Mr Bayldon-Lumsden) referred to as emergency providers.”
The court was informed Mr Bayldon-Lumsden had skilled in martial arts as a youngster and knew tips on how to do sure chokeholds, having had them achieved to him greater than a decade in the past.
Mr Eberhardt mentioned his client “had no intentions to harm his stepfather” however merely needed to cease him from attacking him.
“He’d hoped his stepfather would cross out so he may get away to name police,” he mentioned.
“He accepted his stepfather may cross out, not die.”
The court was informed Mr Bayldon-Lumsden carried out CPR on his stepfather till emergency providers arrived.
Councillor allegedly had no management in his personal life
Mr Eberhardt described his client as a “calm, mild and peaceable man” who had by no means supposed to kill his stepfather.
The court was informed Mr Lumsden had allegedly been a really controlling man and had dictated how his household operated.
Mr Bayldon-Lumsden’s mom Katrina defined in an affidavit to the court that she was afraid of her accomplice.
The court was informed Ms Bayldon had claimed that Mr Lumsden had a “controlling coercive and abusive nature” and “he made life at house pretty disagreeable”.
She’d defined the family was not a “pleased” one, with Mr Lumsden controlling each side of their lives.
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.
He additionally made allegations that Mr Lumsden had threatened to report him for misconduct for bringing house confidential recordsdata from council if he didn’t do as he was informed.
The court was informed Mr Bayldon-Lumsden had beforehand contacted home violence hotlines for recommendation after caring about his stepfather’s elevated stage of aggression in the direction of him.
Looking out attainable defences on Google
The court was informed Mr Bayldon-Lumsden had googled manslaughter self-defence choices two days earlier than the killing.
Detectives discovered the councillor had googled a sequence of questions on whether or not you could possibly be jailed for killing somebody in self-defence, the court was informed.
His Google historical past allegedly confirmed that in the course of 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 taking pictures manslaughter of his ex-girlfriend Ivana Jovanovic.
He then looked for additional particulars about attainable self-defence arguments if a loss of life occurred.
Mr Eberhardt mentioned the prosecution was “latching on” to the Google searches as proof.
He argued the prosecution would wish to show there was intent to homicide his stepfather and that his actions weren’t that of self-defence and preservation in a home violence setting.
The prosecution case
The DPP will allege Mr Bayldon-Lumsden 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 shaped a part of the motive for Mr Bayldon-Lumsden to homicide his stepfather.
Prosecutors are anticipated to make use of Mr Bayldon-Lumsden’s Google searches two days previous to the killing as proof within the case towards him.
The court was informed the councillor had additionally skilled in martial arts as a youngster for 10 years.
What occurs subsequent
Throughout a earlier court point out in Southport Magistrates Court, Mr Bayldon-Lumsden’s defence lawyer Jason Murakami mentioned his client supposed to plead not responsible.
No formal plea has been entered.
Talking outdoors the Brisbane Supreme Court on Thursday, Mr Murakami mentioned individuals wanted to bear in mind that anybody could possibly be a sufferer of home violence.
“Males will be victims of home violence as effectively and we have to present them the identical compassion and assist as we do different victims of home violence,” Mr Murakami mentioned.
Mr Bayldon-Lumsden was launched from custody on Thursday and fitted with a GPS tracker and ankle bracelet.
He should now stay together with his girlfriend, former Cirque du Soleil performer Bianca Ruyssenaers, at her Burleigh Heads house.
He additionally has to report back to police 3 times every week and has surrendered his passport.
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.
However Justice Crowley granted bail on the situation on Thursday.
Ms Bayldon additionally dedicated to paying $250,000 surety on the mortgage of the house the place the alleged homicide occurred to permit the bail to be granted.
Mr Bayldon-Lumsden was elected to Gold Coast Metropolis Council in 2020.
Appearing Premier Steven Miles could have the ultimate say on whether or not Mr Bayldon-Lumsden’s place as councillor is tenable following his launch on bail.
It’s understood the result of his bail software will decide whether or not he stays in his Division 7 function.