A standover man has been jailed after violently evicting a Doveton bungalow tenant and leaving him to die in a car.
Terence Tiumalu, 31, who pleaded guilty to the manslaughter of Brendon Farrell, was condemned by a Victorian Supreme Court judge for acting in a “cruel” fashion and “lacking humanity”.
Tiumalu had been engaged by a friend to forcibly evict Mr Farrell from the Kidds Road property.
But during the encounter on 31 May 2021, Mr Farrell said something that triggered Tiumalu.
In a loss of temper, Tiumalu slapped the victim and punched him twice in the face – blows that eventually led to Mr Farrell’s death.
Mr Farrell was observed as unconscious and bleeding from his nose, but at that stage still alive.
Rather than seeking medical aid, Tiumalu covered up his assault due to what he claims was fear of being disowned by his family.
He told a witness that he’d done some “redecorating” at the house and that she’d “seen nothing here”.
He then drove Mr Farrell around in a day for several days until the victim died at an “unknown time”.
Tiumalu left the body in a canoe in a backyard in Cyril Grove, Noble Park.
After extensive searches over a month, police found Mr Farrell’s remains wrapped in carpet in the canoe.
Tiumalu had filmed himself digging two graves in the same yard, as well as of himself standing over Mr Farrell’s motionless, bloodied body.
Sentencing judge John Champion accepted that Tiumalu’s “completely unjustified” assault was a “spur of the moment” loss of temper.
He condemned Tiumalu for failing to give Mr Farrell a chance of survival by dropping him at a hospital.
After Mr Farrell died, Tiumalu continued to cover up his crime by seeking to make the body “disappear”, Justice Champion noted.
His actions were “cruel” and “lacking humanity”.
Justice Champion accepted that Tiumalu’s borderline personality and drug use disorders affected his ability to make calm, rational choices.
Brought up in New Zealand, Tiumalu endured an “extreme” childhood of confusion, violence, repression and trauma, according to a psychologist’s report.
However, the judge didn’t accept Tiumalu’s claims that he felt unsafe, scared or threatened in attacking the much smaller Mr Farrell.
Rather, Tiumalu had brought along another man to intimidate Mr Farrell.
The judge found Tiumalu’s rehabilitation prospects were “reasonable” and “open”.
Tiumalu, who had been using ice daily, had no previous criminal history. He’d been in a “pattern” of recovering debts for drug associates, Justice Champion noted.
During remand, the accused was completing drug and alcohol programs.
Tiumalu had expressed remorse, but it was “late in the piece”.
Judge Champion noted the “traumatic”, “enduring” impact on Mr Farrell’s family.
Mr Farrell’s mother Valery Hellyer stated to the court that receiving the news of her son’s demise was the “worst month of her life”.
She stated she was never again to experience the joys of birthdays and Christmas.
It was hard for her to forgive those who didn’t care enough to save her son when he was injured.
Ms Hellyer was also troubled by the lack of dignity given to her son after his death.
Mr Farrell’s sister Simone Hellyer described the loss of her “best friend”, “mental safety net” and “protector”.
During the five weeks Mr Farrell was missing, she felt worry and dread while suspecting something wasn’t right.
Now, there’s sadness for her daughter not being able to grow up with her proud uncle.
Tiumalu was jailed for up to seven-and-a-half years, with a five-year non-parole period.
His term included 634 days in pre-sentence custody.
