Simon Gittany found guilty of Lisa Harnum's murder
Simon Gittany has been found guilty of throwing his fiancée Lisa Harnum to her death from the couple's luxury Sydney apartment.
Justice Lucy McCallum handed down her verdict in the Supreme Court on Wednesday, nearly two weeks after the judge-alone trial that captivated Australia came to an end.
Gittany pleaded not guilty to murdering Lisa Cecilia Harnum on July 30, 2011, but today the judge described Gittany's account of the way Lisa fell as 'unconvincing', partly because of his demeanour in witness box.
McCallum said at times Gittany 'struck me as a person playing a role'. She described the absence of Lisa Harnum's fingerprints on the glass balustrade as a 'relevant piece of evidence'. Gittany's lawyers argued that Ms Harnum climbed over.
Justice McCallum told the court she believed 'Lisa Harnum was in a state of absolute fear and despair' by 6am on the morning of her death.
Gittany's "apoplectic" rage
The Crown alleged Gittany, 40, threw 30-year-old Ms Harnum off the 15th floor balcony in a fit of "apoplectic" rage after she made plans to leave him and return to her native Canada.
In his closing address, crown prosecutor Mark Tedeschi, QC, said Gittany had been "brutal" and "controlling" of Ms Harnum and subjected her to the "most intense surveillance" imaginable.
Key eyewitness Joshua Rathmell thought the noise he heard the morning Lisa died was the "deranged" screams of "a junkie on an ice bender".
Mr Rathmell initially thought the shirtless man he saw on the 15th floor of an apartment block, as he walked through Hyde Park, was throwing black luggage off a balcony.
Simon Gittany captured on CCTV dragging Lisa Harnum back into the couple's apartment. Photo: Supplied
But after talking to some nearby tradesmen, he realised what had hit the ground on Liverpool Street was a body.
Today Justice McCallum told the court Rathmell was a 'reliable' witness, who would have had a clear view.
The trial also heard Gittany installed CCTV in his apartment and used a computer program to monitor Ms Harnum's text messages, emails and internet usage.
Text messages showed Gittany was so jealous of other men, Ms Harnum had to look at the ground when she was outside, the court heard.
Today, the Judge said Gittany lied about an argument in which he called Ms Harnum a "peacock".
Gittany claimed Ms Harnum wanted him to buy her an expensive dress, but Justice McCallum said she was satisfied he "berated Lisa Harnum for coming home looking beautiful with her hair down"."It was one of a number of occasions I had the impression he was giving a distorted version of the truth," Justice McCallum said.Gittany denied getting cameras to spy on Lisa, but today the judge said she had 'no doubt the accused was using them for that purpose' by the end of the relationship.Mr Gittany also said he spied on Lisa's text messages because she was keeping a 'secret', but Judge McCallum said that was a pretext 'to excuse an inexcusable breach of trust'.
A note written by Lisa Harnum. Photo: Supplied
Gittany admitted some of his behaviour towards Ms Harnum was controlling, but he emphatically denied he flew into a rage on the morning of her death.He told the court that after an argument that morning - in which he was captured on camera dragging a screaming Ms Harnum back into their apartment - he went to make her a cup of tea while she sat on the lounge.He said she then ran to the balcony and "disappeared" over the railing as he desperately tried to reach her.The defence claimed Ms Harnum, who suffered from bulimia, may have climbed over the balcony to escape Gittany, as a cry for attention or in a suicide bid.Today Justice McCallum said the suggestion Lisa had the tendency to self harm and attempt suicide was 'completely unfounded'.
A Sydney judge has found Simon Gittany guilty of murdering his fiancee, Lisa Cecilia Harnum. Photo: Supplied
The judge also said 'I do not think there can be any doubt the accused was controlling, dominating, and at times abusive'.She said there are now several areas of Gittany's evidence which she has refused to accept, including denials of threats to Lisa and her counsellor.Ms Harnum's therapist, Michelle Richmond, testified during the trial that during a heated phone conversation, Gittany threatened to hurt her if she continued to communicate with Lisa."Michelle, you f***ing bitch, if you ever come in contact with Cecilia (Lisa) again, I know where you live. I will f***ing harm you," Gittany allegedly said.Mother's adviceAfter the verdict was handed down, Lisa Harnum's mother spoke to journalists saying that she hopes young women are aware of warning signs of controlling relationships.Joan Harnum asked everyone to go home and hug their children. She said her daughter's favourite saying was that 'families are forever'.
Lisa Harnum's mother arrives at Darlinghurst Court Complex holding what's believed to be a doll that belonged to her daughter. Today the Judge described Joan Harnum as a 'straight forward and careful' witness. Photo: AAP
Lisa's mother also said it was a fair trial, but there were 'no winners in this case'.Whilst, Simon Gittany's sister told her brother he did not get a fair trial, just minutes after the guilty verdict was handed down.Gittany's mother collapsed inside the court after wailing hysterically. She was assessed by paramedics, who left a short time later.Throughout the trial, Simon Gittany was supported by his new girlfriend, actress Rachelle Louise.The 24-year-old was also a friend of Lisa Harnum.
Simon Gittany's new girlfriend Rachelle Louise (centre) arrives at the Darlinghurst Supreme Court in Sydney. PHOTO: AAP
When the the verdict was handed down Ms Louise yelled out 'you're wrong! I love you baby!', and had to be restrained.Simon Gittany's reaction was calm in comparison as he responded 'it's okay baby.'
Outside Ms Louise refused to address the media, except to bizarrely ask the large media scrum "does anybody have a lighter?"Ms Louise leaned against the exterior of the court and smoked a cigarette as cameras snapped, and reporters asked several questions that went unanswered.An "unfortunate" coincidenceThere was also a surprise passer-by outside the Darlinghurst Court Complex this morning.7News reporter Jodie Speers is covering the story, and earlier tweeted that it was 'very strange to see Gordon Wood walk past.''It was in this same courtroom years ago when Wood was convicted of throwing his girlfriend off The Gap - he was later cleared on appeal.'
The picture shows Wood (right) with Peter Cameron at the gap. Gordon Wood was found guilty of murdering his girlfriend, model Caroline Byrne (top left), at a notorious Sydney suicide spot in 1995. PHOTO: AAP
Wood's trial was led by Mark Tedeschi QC, the same prosecutor as Simon Gittany.Last year Mr Wood was acquitted of murdering Caroline Byrne, whose body was discovered at the bottom of Sydney's infamous Gap in 1995.The former chauffeur to stockbroker Rene Rivkin was jailed for at least 13 years after he was found guilty in 2008 of killing the model by "spear throwing" her off the cliff.But the Court of Criminal Appeal found the guilty verdict was not supported by the evidence, with the judges saying they were not satisfied that suicide could be excluded as Ms Byrne's cause of death.
Gordon Wood walks past Darlinghurst Court Complex on Wednesday 27th November.
Mr Wood was released from jail in February last year after spending three years behind bars.Today Wood told Fairfax's Lisa Davies he was on his way to the dentist, and said it was an "unfortunate" coincidence.Simon Gittany is due to be sentenced in February 2014.
