Australia - Peter Szitovszky's son, 2009, aquitted after being found guilty of father's axe murder

[3llecia]

This case hasn't been discussed on WS before (as far as I can find.)

Taxi driver Peter Szitovszky’s murder outside his Wheeler's Hill home in 2004 was described as an “attack that was frenzied and showed great anger.” His son Chris was found guilty and sought leave to appeal an 18 year sentence. He was acquitted in 2009.

The killing occurred between 3 and 4 am on 1 July 2004;

The deceased was killed near the front door of his home;

An axe was used by the killer to inflict about 14 blows in an attack that was frenzied and showed great anger;

The first and possibly the second blow with the axe was struck when the deceased was standing;

The Applicant had the opportunity to inflict the wounds because he was present at the house at the time the deceased was killed;

Neighbours heard an argument between two males between 3.00 and 4.00 am;

Two neighbours gave a description of a person they saw involved in the altercation

Shane Taylor – the person was wearing a beanie with thick brown horizontal stripes, a white hooded windcheater, dark long pants roughly 180 cm tall, medium build and aged in his early to mid 20’s;

Michael John Pitts – male aged mid twenties with medium build, fringe stuck up at front with hair gel and his hair was fairly short and dark; wearing a white windcheater that looked baggy and dark pants.

Neither witness recognised the man or could make an identification;

Paul Edward Chase attended the scene and described the Applicant as approximately 170 cm, aged 20, short dark hair, medium build, wearing a green T-shirt and black track pants;

It was alleged by the Crown that there was animosity between the Applicant and the deceased which was based primarily on statements made by the Applicant to Mr. Woodcock;

Further, the Prosecutor suggested there was resentment that carried through to the time of the killing;

Further, it was put before the jury that the victim did not have set patterns of behaviour (the implication being that no one could lie in wait to kill him);

The victim had no known enemies.


The above is cross-posted from Dr Bob Moles’ Networked Knowledge site.


The appeal led to Chris being acquitted due to an “unsafe and unsatisfactory” verdict. There was no forensic evidence and the prosecution’s case was entirely circumstantial.

Victoria Police say they won't reopen the case without further evidence.

 

[symbah]

The Sydney Morning Herald 404 Page
March 16, 2007 - 7:09PM

A young Melbourne man accused of the axe murder and partial decapitation of his father told police he was in his bedroom on the morning of the killing.

Christopher Szitovszky, who is on bail, on Friday pleaded not guilty in the Victorian Supreme Court to murdering his father, 58-year-old Peter Szitovszky.

Cabbie Peter Szitovszky finished his shift and got out of his taxi at 9.35pm (AEST) on June 30, 2004, crown prosecutor Michael Tinney told the jury in his opening address.

The last person, apart from his killer, to see Mr Szitovszky alive was his wife Helen, who got into bed beside her husband at about 1am on July 1.

Later that morning, Mr Szitovszky was found dead just a few steps from the front door of the family's Wheelers Hill home.

He was wearing his night clothes, had his taxi keys and cigarettes on him and had an axe lying across his chest.

Mr Szitovszky was almost decapitated, having received five-or-six blows to the neck, and who was found with a severed spine and wounds to the chest and abdomen.

"He had no defensive wounds at all," Mr Tinney said.

"He was killed by a person who must have been waiting with an axe."

Christopher Szitovszky, 24, rang triple-0 at 6.02am, then woke his mother Helen.

The ex-Caulfield Grammar and Deakin University student told police that earlier that morning, he heard a loud voice that sounded like his father's but did not go to investigate the disturbance.

"He told police that he was scared, that he went to the bathroom but didn't ... look out the window and then went back to bed and masturbated," Mr Tinney said.

Christopher Szitovszky told police he thought he heard his father's taxi start, Mr Tinney said.

Mr Tinney told the jury that neighbours will give evidence during the trial that they had not heard a car start.

Several neighbours heard a man's voice shouting "*advertiser censored** you" and saw a young man matching the description of the accused walking away from the house, he said.

Christopher Szitovszky told police he had a difficult relationship with his father as a teenager, when his dad was always arguing with his mother.

Mr Tinney said Peter Szitovszky had suffered from depression and the family had lost their home several times due to the failure of their clothing business.

Defence counsel will respond to the Crown's opening address on Monday when the trial before Justice Simon Whelan continues.

 

[symbah]

The axe used to kill Peter Szitovszky and, inset, the markings on the axe.

Axe key to solving grisly murder: police - National - www.theage.com.au
Homicide squad detectives believe a unique woodchopping axe used to kill a taxi driver earlier this month could be the key to solving his grisly murder.
Detective Inspector Stephen Francis yesterday called on the public to help identify the axe, which was found embedded in 58-year-old Peter Szitovszky's neck after the July 1 murder.
"(It is) not something that every household would have in their garden shed," he said. "It's quite a unique axe and designed for a specific purpose, originally as a competition racing axe."
Mr Francis described it was an 80-centimetre Keesteel-brand racing axe that had been manufactured between 1965 and 1975.
"The axe was manufactured for competition woodchopping but detectives advise that this axe has now been detempered so it can be used for general use," he said.
Detective Inspector Francis drew attention to a number of distinguishing features including the letter K which is stamped on both sides of the axe head, a $10 sign written on the replacement handle in black texta and the red and yellow paint on the axe head which police believe was applied by the owner.

 

[3llecia]

The ex-Caulfield Grammar and Deakin University student told police that earlier that morning, he heard a loud voice that sounded like his father's but did not go to investigate the disturbance.

"He told police that he was scared, that he went to the bathroom but didn't ... look out the window and then went back to bed and masturbated," Mr Tinney said.

So in summary Chris' version of events: June 30 2004, asleep from 10:30-2:20am, woke up and returns to sleep. Woke up around 3:30am on 1 July and heard the yelling. Became scared and went to the bathroom...did not check outside and then went back to bed to masturbate.

On Dr Bob Moles' site, Chris claims he stays awake and is unable to sleep, at 4:30am notices light still on downstairs, and at 5am leaves bed and gets dressed to investigate. He goes to parents room after seeing the taxi outside, goes to front door and discovers body.

Triple zero not called until 6:02am.

Neighbours confirm the argument happened at the same time, they see young male walking away from scene following a heated exchange between 3-4am.

The married witnesses then see Chris in the front of the house the next day around mid-morning.

On 2 July 2004 he and his wife were in their front room at around mid-morning. He observed a person at 17 Xavier Drive. A young male came out of the house and searched through the bushes and grass in front of the house. He went through all the bushes, bending over. He seemed to be looking for something. He then went back into the house. It was Chris. He had not seen him before but his wife told him that it was the youngest son of the deceased.

 

[3llecia]

The axe used to kill Peter Szitovszky and, inset, the markings on the axe.

Axe key to solving grisly murder: police - National - www.theage.com.au
Homicide squad detectives believe a unique woodchopping axe used to kill a taxi driver earlier this month could be the key to solving his grisly murder.
Detective Inspector Stephen Francis yesterday called on the public to help identify the axe, which was found embedded in 58-year-old Peter Szitovszky's neck after the July 1 murder.
"(It is) not something that every household would have in their garden shed," he said. "It's quite a unique axe and designed for a specific purpose, originally as a competition racing axe."
Mr Francis described it was an 80-centimetre Keesteel-brand racing axe that had been manufactured between 1965 and 1975.
"The axe was manufactured for competition woodchopping but detectives advise that this axe has now been detempered so it can be used for general use," he said.
Detective Inspector Francis drew attention to a number of distinguishing features including the letter K which is stamped on both sides of the axe head, a $10 sign written on the replacement handle in black texta and the red and yellow paint on the axe head which police believe was applied by the owner.

The axe's "$10" marking in texta, makes me think it was second-hand purchase. Possibly bought at a garage sale, second hand bric a brac store or a local market stall/car boot sale, where marking items with a texta is common. I don't think standard charity op shops would be selling axes? Do second hand hardware stores exist in Melbourne?

It's so unique, it's definitely the key to this case.

 

[symbah]

I find it interesting that the tables had perhaps turned within the Szitovszky household leading up to the murder. Where before father had fallen into a depression, unemployment, laying in bed all day - father then begins working at getting his life, finances, responsibilities together ... son then drops out of Uni and becomes the person laying about the house all day, staying up late into the night, unemployed.

Victoria reports: The Queen v Christopher Leslie Szitovszky [2009] - 20 March 2009

 

[3llecia]

That's a very interesting point. I don't have more than the admission of resentment towards his father (and the period when they didn't speak) to go on, but I wonder if the father and son clashed due to their similarities. Sometimes people hate in others what they see is a flaw in themselves.

Did his father see his son falling into a similar depressive state to his own, and lash out at him in a misplace attempt of discipline? Did the son blame his father for some of the issues preventing him from being productive?

Financial troubles are no doubt weighing heavy over this family at the time. Maybe there was a feeling the son should move out and earn his own way, causing friction?