A man who was cleared of murdering an ice-addict intruder he found lurking in his daughter’s bedroom has spoken out in a rare interview, saying he will do anything to protect his family.
Ben Batterham, 35, found Ricky Slater, 34, at his Newcastle home in March 2016 before he chased him outside, put him in a chokehold and punched him until police arrived.
Batterham was found not guilty of the murder and manslaughter of Slater, who died in hospital a day after the struggle.
In a bombshell interview set to air on Sunday night, the chef tells 60 Minutes of the moment he found Slater in his home.
‘I was very upset. It’s my castle, people should always defend their homes,’ he said.
In a bombshell interview set to air on Sunday night, Batterham told 60 Minutes of the moment he found the ice-addict in his house
‘We locked eyes, then he just bolted out the door.’
Batterham spent two months in prison after his arrest before being granted bail, while a petition to free him amassed tens of thousands of signatures.
‘I’ve gone from the victim to the criminal. It was a nightmare,’ he said.
Batterham smiled and nodded to the jury when the not guilty verdict was handed down last November.
Slater’s mother, Beryl Dickson, immediately walked out of the courtroom.
‘My son was choked by that bastard… look over your back for the rest of your f**king life, you f**king c**t,’ she screamed outside court.
Benjamin Batterham (centre) leaving the Newcastle Supreme Court with his wife and barrister after the jury found him not guilty of murder and the lesser charge of manslaughter
Batterham spent two months in prison after his arrest. Pictured leaving Newcastle Court after a not guilty verdict was delivered in November 2019
Defence lawyers insisted throughout the trial that Batterham never intended to kill Slater or cause him serious harm.
They said Slater had a lethal level of meth in his system and that was the true cause of his death.
Forensic toxicologist and pharmacologist Dr Michael Kennedy argued Slater suffered a heart attack due to the high level of meth in his system and his existing heart condition.
Clinical toxicologist Dr Nuren Gunja told the jury he believed Slater, high on ice at the time, had died of asphyxiation from being strangled.
NSW’s top forensic pathologist Johan Duflou testified that research showed levels of 0.54 milligrams per litre was shown to cause death.
However, he said Slater’s death could not be solely blamed on his drug toxicity and there were other factors in play.
Ricky Slater suffered a cardiac arrest following the attack but was revived by paramedics, but had another two cardiac arrests in hospital and died the next day
‘I would include methamphetamine toxicity, I would include the fact that the deceased was held in a face down, prone restraint position, and if there was neck compression,’ he told the court.
Batterham was drinking with a friend, Paul O’Keefe, when he saw Slater in his daughter’s bedroom about 3.20am on March 26 in 2016.
Slater was carrying a blue shoulder bag containing three knives, marijuana, and meth.
Slater had stolen things of value to Batterham including his partner’s purse and his daughter’s headband before running off.
The court heard during the trial that neighbours tried to get Batterham to let Slater go, but he refused and told the burglar he would kill him.
Forensic toxicologists argued Slater (pictured) suffered a heart attack due to the high level of methy in his system and his existing heart condition
Multiple witnesses testified that Slater was telling Batterham ‘I can’t breathe, I can’t breathe’ during the struggle.
Prosecutor Wayne Creasey told the court off-duty policeman Peter Mahon saw Batterham punch Slater a number of times to the head when he was on top of him, pinning him to the ground with his left arm around his neck.
Batterham was telling Slater: ‘You motherf**king piece of s**t. How dare you break into my daughter’s bedroom. She’s only seven months old.’
His partner and baby daughter were not at home when Slater broke in.
Slater’s mother Beryl Dixon kisses her son goodbye before his life support was turned off
When Mr Mahon told Batterham to let Slater go, the chef said: ‘No, he will try to run.’
Mr Creasey said when Batterham did eventually relax his grip, Slater bit him on the hand, which enraged the chef and made him even more aggressive.
Batterham was bitten twice, had his tooth chipped and cheekbone injured during the struggle.
Batterham, like most accused murderers, did not testify in his own case but wrote a letter to the jury that was read out in court.
‘I never intended to cause Mr Slater any serious harm. I wanted to apprehend him and get back was stolen,’ he wrote.
‘I admit I was angry and I hit him, but I was only trying to keep him from getting away. He was constantly struggling and fighting, he bit me on the right arm.
‘All I wanted was for him was to stop.’