Australia - Erin Gilbert, 42, murdered, Merrylands, Sydney, 9th April 2023 *Verdict: March 2026 - 'not criminally responsible'*

[Marg944]

Following on from TootsieFootsie’s post of 11th July 2025:-


“A long-haired Jensen faced Parramatta Local Court via video link on Thursday where he formally pleaded not guilty.

Jensen, who has been on remand at Cessnock Correctional Centre, spoke briefly to confirm he understood when Magistrate Peter Feather committed him for trial at the NSW Supreme Court.
“I understand that your Honour,” Jensen said.

He will face arraignment on September 5.”

https://www.dailytelegraph.com.au/newslocal/parramatta/morten-jensen-to-face-trial-after-allegedly-murdering-erin-gilbert-at-merrylands/news-story/d228618c97a7c36a4d72524c382bf638

 

[Marg944]

 

[TootsieFootsie]

Trial date set for 16th February 2026

https://www.dailytelegraph.com.au/newslocal/parramatta/merrylands-morten-jensen-to-stand-trial-over-alleged-murder-of-erin-mullavey/news-story/264f3532d7e92bf3b06523c36c4406b6?amp

Behind a paywall, I think. Posting it here for those who subscribe.

 

[Dpdan]

A judge only trial? Interesting.

 

[Marg944]

A judge only trial? Interesting.

I wonder why? I googled reasons why this would be a judge only trial and a couple of answers were that the case was too complex for a jury, or adverse publicity that could influence a jury.

Surely it couldn’t be adverse publicity - look at how much publicity Erin Patterson had, yet she had a jury.

 

[Dpdan]

It must have been negotiated in those endless mentions. I was suspicious when there was nothing reported in the news for 2 years and now hearing it's judge only I'm even more suspicious! It looks like secrecy.

 

[iamshadow21]

I wonder why? I googled reasons why this would be a judge only trial and a couple of answers were that the case was too complex for a jury, or adverse publicity that could influence a jury.

Surely it couldn’t be adverse publicity - look at how much publicity Erin Patterson had, yet she had a jury.

It's my understanding that a defendant can choose a bench trial. So it may simply be that he feels he'll have a better chance that way.

MOO

 

[Dpdan]

They can apply but it's not a given it will be granted - prosecution has to agree, or if they don't agree, court can rule that it's in the interests of justice. There would need to be evidence that a jury trial could be unfair. We've heard so little about this case that there isn't an obvious reason for this.

 

[TootsieFootsie]

There doesn't seem to be a thread for Lisa Fenwick and as she is mentioned here I'm posting an update.

Man jailed for 'cowardly and inexcusable' murder of partner

A man who showed no remorse after a stabbing attack on his partner in their south Sydney home is sentenced to more than 26 years in jail for the woman's murder.

www.abc.net.au

Anthony Eriksen sentenced to 26 years' jail for Lisa Fenwick's murder at south Sydney home

 

[Dpdan]

There doesn't seem to be a thread for Lisa Fenwick and as she is mentioned here I'm posting an update.

Man jailed for 'cowardly and inexcusable' murder of partner

A man who showed no remorse after a stabbing attack on his partner in their south Sydney home is sentenced to more than 26 years in jail for the woman's murder.

www.abc.net.au

Anthony Eriksen sentenced to 26 years' jail for Lisa Fenwick's murder at south Sydney home

Thanks for this. I think that's a decent sentence, I hope Lisa's family feel like it's justice. Eriksen's behavior was very strange, I previously thought he was just delaying proceedings by not having a lawyer but that article almost reads like he was trying to get the most severe sentence? Puzzling.

 

[Marg944]

Trial dates - looks like 16 Feb until 19 Feb, 2026

http://drupal.internal.onlineregistry.justice.nsw.gov.au/content/court-lists

 

[Marg944]

https://supremecourt.nsw.gov.au/documents/daily-court-list/Daily_Court_List_for_16_February_2026.pdf

 

[TootsieFootsie]

'I had to': killer's curse claim before nurse stabbed

A man who raved about witchcraft during a heated dispute about designer bags is claiming he killed his...

www.thecourier.com.au

'I had to': killer's curse claim before nurse stabbed​

Wild claims about curses and witchcraft, amid a raging argument over designer bags and stolen money, led to a nurse's stabbing murder, a judge has heard.

 

[TootsieFootsie]

Killer's curse claim before Sydney nurse stabbed

Erin Mullavey, 42, was found dead by her husband Nicholas Gilbert late at night on Easter Sunday 2023 in he...

www.9news.com.au

9News

'She was putting spells on us': Killer's curse claim before nurse stabbed in Sydney​

 

[Dpdan]

Wild claims indeed! What a load of nonsense. And prosecution saying Jensen's belief in witchcraft could be cultural? Give me a break! Imo the psychiatrist who pointed at drug induced psychosis makes the most sense.

 

[Marg944]

Thu 19 February 2026 at 4:30 pm AEDT

Very upset' husband arrested as nurse's killer flees​

“At a judge-alone trial earlier in February, the key issue in the trial is whether Jensen knew what he was doing or he stabbed the nurse in a state of psychosis.

He went to Ms Mullavey's home after a woman he knew - who cannot be legally named - said she had been threatened during a dispute about designer bags.”

“Court documents reveal Jensen was a heavy drug user.

"I am not 100 per cent sure what kind of drugs Morten uses but I think he had been through them all," his father Leif Birkegaard Jensen wrote in a statement to police.

Jensen was also an avid collector of knives, having about 20 including samurai swords, at his home at the time of the killing.

The trial will resume in March.”

'Very upset' husband arrested as nurse's killer flees

The husband of a much-loved nurse slain by his childhood friend during a dispute over designer bags has expressed hurt at being wrongfully arrested for murder.

au.news.yahoo.com

 

[Marg944]

http://drupal.internal.onlineregistry.justice.nsw.gov.au/content/court-lists

 

[TootsieFootsie]

https://www.dailytelegraph.com.au/newslocal%2Fparramatta%2Fmorten-jensen-not-criminally-responsible-for-murder-of-erin-mullavey-at-merrylands-on-easter-sunday-2023%2Fnews-story%2Fd57c02696589c095d30bc18b81f2f37c

Morten Jensen not criminally responsible for murder of Erin Mullavey at Merrylands on Easter Sunday 2023​

Morten Birkegaard Jensen was not criminally responsible for stabbing Erin Mullavey to death at Merrylands three years ago because he had schizophrenia and felt the victim had cast an evil spell on him, the NSW Supreme Court has found.

Justice Phillip Boulten delivered the verdict on Tuesday after a judge-only trial revealed Jensen’s “delusional” mental state when he killed the nurse, also known as Erin Gilbert, who was married to the killer’s friend, Nicholas Gilbert.

 

[Dpdan]

However, Justice Boulten found delusional thinking drove a “scared” and “distressed” Jensen to kill.
“He knew that what he was doing was illegal but he felt compelled to act in that way because it was the morally correct way to act in response to the thoughts that drove his thinking,’’ he said.

Interesting for a judge-only trial to have a judge who has only been in post for one month, who at his swearing-in said, "evidence is often ignored or derided, and truth is whatever it is called to be". I wonder what else he will find to be a 'morally correct way to act'?

Poor scared and distressed Jensen. Hang on. Nope, that was Erin. RIP.

 

[Marg944]

Killer thought stabbing nurse would 'save the world'

A schizophrenic man who fatally stabbed a nurse in her home acted under 'frightening and distorted' delusions that her death would prevent the triumph of evil.

au.news.yahoo.com