Borce Ristevski’s lawyers argue he should be tried for manslaughter

A businessman accused of killing his wife and leaving her body to rot for eight months has argued he should be tried for manslaughter not murder.  

Borce Ristevski, 54, allegedly killed Karen Ristevski at the couple’s Avondale Heights home in June 2016 and dumped her body in the bush.

He is now facing a committal hearing in Melbourne Magistrates Court to determine if there is enough evidence to send him to trial for murder.

Defence lawyer David Hallowes SC today suggested the charge of murder should be dropped. 

 

Karen Ristevski’s (pictured with daughter Sarah and husband Borce) death could have been caused by either blunt force trauma or strangulation

‘I will be making submissions that Your Honour should not commit on murder but manslaughter is open,’ he told magistrate Suzanne Cameron.

This is no indication Ristevski would plead guilty to manslaughter and it’s understood he would maintain his innocence.

Mr Hallowes will continue to argue on Wednesday that there is not enough evidence to support a murder trial.

In court on Tuesday, forensic pathologist Stephen Cordner said Ms Ristevski could have died from strangulation or a head injury despite there being no evidence of skull trauma.

‘You don’t need to fracture the skull to die from head injuries,’ he told the court.  

A piece of hyoid bone from the mother’s throat was broken, but that could have been removed by compression, or by animal interference after death, he said.

Ms Ristevski (pictured, left, with Borce, centre, and daughter Sarah, right) went missing from the couple's Avondale Heights home in Melbourne's northwest in June 2016

Ms Ristevski (pictured, left, with Borce, centre, and daughter Sarah, right) went missing from the couple’s Avondale Heights home in Melbourne’s northwest in June 2016

Forensic pathologist Stephen Cordner (pictured) gave evidence at Borce Ristevski's committal hearing at the Melbourne Magistrates Court on Tuesday morning

Forensic pathologist Stephen Cordner (pictured) gave evidence at Borce Ristevski’s committal hearing at the Melbourne Magistrates Court on Tuesday morning

‘We have other evidence of animals interfering with those remains,’ added Prof Cordner, noting the challenges of dealing with eight months’ decomposition. 

Ms Ristevski went missing from the couple’s Avondale Heights home in Melbourne’s northwest in June 2016. 

Ristevski has always denied any involvement in his wife’s death and claimed she left to clear her mind following an argument.

Ms Ristevski’s body was found at Macedon Regional Park eight months later and detectives allege her husband dumped it there using her Mercedes-Benz roadster.

Karen Ristevski's (pictured with daughter Sarah) could have died from head injury, Professor Cordner said 

Karen Ristevski’s (pictured with daughter Sarah) could have died from head injury, Professor Cordner said 

Borce Ristevski (centre right) the husband of missing Melbourne woman Karen Ristevski and their daughter Sarah pictured at a press conference in 2016

Borce Ristevski (centre right) the husband of missing Melbourne woman Karen Ristevski and their daughter Sarah pictured at a press conference in 2016

Borce is also accused of cutting off his mobile phone signal on the way to the park.

An Optus technical specialist on Monday told the Melbourne Magistrates Court both the Ristevski’s mobile phones were detected the day Karen went missing then deactivated.

Court documents showed Borce’s phone was unable to make or receive calls between 11.09am and 12.51pm on June 29, 2016.

Karen’s mobile last pinged to a cell tower at Gisborne, near the Macedon Regional Park, at 11.40am.

SES volunteers search around Lock Rd in Mt Macedon, near Melbourne, Thursday, July 13, 2017

SES volunteers search around Lock Rd in Mt Macedon, near Melbourne, Thursday, July 13, 2017

 

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