Adrian Basham, convicted of murdering his wife Samantha Fraser, verbally lashed out at a prosecutor on Friday during an appeal hearing in the Victorian Supreme Court of Appeal. The outburst occurred as Crown prosecutor Stephanie Clancy was presenting arguments challenging Basham's claims.
Basham was found guilty in April 2022 of murdering his wife, a mother of three. During the delivery of the guilty verdict, he rolled his eyes and gasped. On Friday, his disruptive behavior continued when he interrupted Ms. Clancy as she described how frightened Ms. Fraser had been of him.
"Check the camera footage that this bloke here has for the 20th of July," Basham said before being stopped by the judge. His barrister, Dermot Dann KC, then instructed him to remain silent.
Samantha Fraser was killed in July 2018 at her Phillip Island home, where she had moved in with her parents for safety. The jury heard that Ms. Fraser weighed significantly less than Basham and feared him. Basham had been accused of repeatedly raping his ex-wife and was scheduled to face court on those allegations just seven days after her murder.
Basham pleaded not guilty, claiming Ms. Fraser was alive after he assaulted her and must have committed suicide. The prosecution presented evidence that Ms. Fraser had alleged Basham raped her on three occasions between 2014 and 2016. Her body was discovered with a rope around her neck and a knocked-over step ladder, a scene the prosecution argued suggested suicide staging.
In 2023, Justice Lesley Taylor sentenced Basham to life in prison, describing the murder as "of the worst kind." Basham is appealing both his conviction and sentence. His defense argues that Justice Taylor mishandled the trial by her directions to the jury regarding the rape allegations, suggesting the judge erred when instructing the jury they could determine the truth of those allegations. The defense also contends that the sentence was excessive.
Ms. Clancy urged the court to reject the appeal, arguing that the trial judge's directions were legally sound and correctly guided the jury on how to use hearsay evidence. A decision on the appeal is pending.
