Father killed daughters in 'act of revenge'
An angry father typed 'how can I kill my ex-wife' into Google before making the spontaneous decision to kill his two young daughters, a court has heard.
Charles Mihayo, 36, pleaded guilty to murdering Savannah, 4, and Indianna, 2, during a brief visit to his Watsonia home on Easter Sunday.
He had been involved in a bitter custody dispute with the girls' mother and asked her if he could see his daughters to say goodbye, because 'she'd won' and he planned to sever contact.
Prosecutor Gavin Silbert QC told the Supreme Court Mihayo had spent the morning of April 20 at Northland Shopping Centre, where he saw the film 'Captain America' and bought frilly dresses and shoes for his daughters.
Once the children arrived, he took them into his bungalow, alone, and dressed them in the 'flower girl' frocks.
The court heard when four-year-old Savannah came outside to show her mother her dress, Mihayo called to her: 'Come back inside and we'll show Mum something else in ten minutes'.
The girls' mother became concerned when the house went quiet, and knocked on the door. She rang triple zero when Mihayo called out: 'You'll know when they get here'.
Police arrived a short time later, having been called by Mihayo himself. The court heard he phoned authorities and declared: 'It's done. I've killed them. I've killed my kids'.
When police officers forced him on to the ground to handcuff him, they asked why he had done it.
He gestured in the direction of his ex-wife and replied: 'You'll have to ask her'.
Mr Silbert outlined in chilling detail the description of the murders Mihayo had provided in his police interview.
He told detectives he had dressed Savannah and Indianna, then filmed them with his phone camera as they sang and danced to the song 'Let It Go' from the Disney movie 'Frozen'.
The pair went into the bedroom to play hide-and-seek and climbed on the bed.
The court heard Mihayo entered the room and 'next thing he knew' he had suffocated them both with a single pillow.
He bathed the girls and dressed them again. When police knocked on his door, he called out: 'A minute please'. He was wiping his hands with a towel when he opened the door and confessed to murder.
The prosecution argued the murders were a pre-meditated 'act of revenge' against his ex-wife.
Mr Silbert read from a note that had been found in Mihayo's mobile phone and appeared to have been directed at her.
It began, "Since I am never going to see you for the rest of my life..." and continued, "Do you really believe I would give up my flesh and blood just like that? The most precious people in my life... You don't get to do that for me."
Mr Silbert said a search of his computer had found Mihayo had performed a Google search for the phrase 'how can I kill my ex-wife', and he had once threatened: 'If you try to take my children away from me, I will slit your throat'.
But defence counsel, Tim Marsh, told Justice Lex Lasry his client had provided no explanation for his crime.
"He said: 'There was no good reason for what he did, but it made sense at the time'."
Mr Marsh said Mihayo maintained, despite the prosecution's submission, that the murders were not premeditated, and had not been driven by revenge.
"The decision to kill the children was one that was made spontaneously, in the moment, with no premeditation or forethought," he said.
Mr Marsh said the decision to kill the girls was perhaps due to a desire to spare his daughters from growing up without a father, as he had.
But Justice Lasry said the absence of a motive was unsatisfactory.
"There's a very strong public interest in this case. When the community looks at this matter... with horror... they're entitled to have some explanation for how it could happen."
Mr Marsh said Mihayo had repeatedly insisted that he wanted to take full responsibility for the offences, and had given specific instructions to not provide any excuses.
He said Mihayo claimed had refrained from taking his own life in prison because he wanted to appear in court and provide 'justice' for his girls.
Forensic psychologist Dr Danny Sullivan told the court he was unable to offer an explanation for the murders on Mihayo's behalf, but believed depression may have contributed to the crime by limiting his ability to 'think through' the consequences of his actions.
He said depression could have also affected his impulse control.
But Mihayo told police he had a reason but didn't want to disclose it. "The reason I had justified what I did but that doesn't mean it's right," he told police.
"We still have free will. I could have stopped myself but I didn't. I was completely sober and that means I was completely aware of what would happen."
Dr Sullivan said Mihayo was an intelligent man who was socially isolated and was 'emotionally overwrought' after spending time ruminating on his marital woes.
He said he was experiencing 'profound regret' and remorse, and was at risk of suicide in prison, having attempted to take his own life twice before.
Mr Marsh acknowledged it was possible Mihayo would receive a life sentence, citing the cases of other killer parents, including Robert Farquharson, Arthur Freeman and Ramazan Acar, but he argued he should receive a minimum term, rather than being locked away indefinitely.
Savannah and Indianna's mother was not in court for the pre-sentence hearing.
She supplied a victim impact statement but requested it not be read to the court.
Justice Lasry granted an application for an order suppressing her identity, to prevent undue distress or embarrassment.
Mihayo is being kept in protective custody in prison, under 23-hour-a-day lock down.
He will be sentenced at a later date.
Victoria's afternoon news update - November 05
