A judge has expressed disbelief that a man could beat his defenceless father to death with a baseball bat and then claim it was an act of self-defence.
During a pre-sentence hearing, Victorian Supreme Court Justice Andrew Tinney condemned Aaron Bernath’s account as “preposterous,” highlighting the fabricated nature of his self-defence claim.
In May, 37-year-old Bernath was found guilty of murdering his father, George Bernath, at their Maddingley home, west of Melbourne, on January 11, 2024.
Judge Rejects Murderer’s ‘Preposterous’ Self-Defence Claim
He hit his 61-year-old father in the head at least three times with a baseball bat, then waited 17 minutes before calling for an ambulance.
During the triple-zero call, Bernath claimed his father had simply slipped and fallen off the couch. However, when paramedics arrived, they found the victim lying in a pool of blood with severe head injuries.
A mop and bucket were found nearby, with the water tinged red with blood.
Aaron Bernath Found Guilty of Brutally Killing His Father in Maddingley
Bernath was transported to The Alfred hospital in Melbourne with severe blunt force injuries and died the following day.
During the trial, Bernath contested the murder charge, claiming he had acted in self-defence against his father.
However, Justice Tinney said the jury had clearly dismissed Bernath’s version of events, calling it a “complete fabrication.”
“The story he told about his father suddenly grabbing a baseball bat and attacking him is simply absurd,” the judge stated.
Justice Tinney also noted that the murder was baffling, as there was no evidence of any conflict or tension leading up to the deadly assault.
Bernath’s barrister, Daniel Sala, acknowledged that his client had described their relationship as strained but admitted a true motive may never be known.
He urged the judge to consider that Bernath may have only intended to cause serious harm rather than kill, emphasizing that the victim was still alive when Bernath made the triple-zero call.
However, Justice Tinney expressed doubt that this distinction would significantly impact the sentence, pointing out that Bernath waited 17 minutes before seeking help.
The judge also noted Bernath’s attempt to clean the crime scene and hide the baseball bat.
The court heard six statements from Bernath’s partner, relatives, and friends, who described the 61-year-old victim as a kind-hearted man and a devoted father who deeply loved his son.
The plea hearing is scheduled to resume tomorrow.
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