A farmer who shot dead a father-of-three he wrongfully accused of stealing avocados and sheep from his sprawling rural property has been jailed for life.
John Gerard Benny Della Franca, 67, shot Tony Ditri, 40, twice at his farm in Pemberton, 300km southwest of Perth, on August 27, 2021.
Della Franca was sentenced to life behind bars in the Supreme Court of Western Australia on Friday. He will be eligible to apply for parole in 20 years.
The farmer murdered the landscaper after growing increasingly paranoid that locals were stealing produce, sheep and cattle from his property.
Della Franca confronted the landscaper while he was emptying lawn clippings into a public tip across the road from his farm.
Mr Ditri denied the accusations before Della Franca pulled out a shotgun and shot him once in his chest and arm and again in his back.
He moved the landscaper’s body to his farm before returning to the tip to tie several fishing nets to the back of Mr Ditri’s car before driving it toward the Warren River.
Della Franca had intended to make it look like Mr Ditri had ‘gone missing in a fishing misadventure’, state prosecutor Brett Tooker told the court.
John Gerard Benny Della Franca, 67 (pictured) was sentenced to 20 years behind bars in the Supreme Court of Western Australia on Friday over the murder of Tony Ditri
However, the car got bogged, forcing Della Franca to walk 15km back to his farm where he put Mr Ditri’s body in a fertiliser bag, put the bag into an apple crate and discarded the bag at an unattended farm he used for sheep.
The court heard Della Franca went into the bush and dug a large metre-deep hole to bury the body.
Despite being arrested on August 28 and later admitting to shooting Mr Ditri, Della Franca repeatedly told police he had dumped the victim’s body in the Warren River.
Following a large-scale search, Mr Ditri’s son noticed fresh dirt on top of the hole Della Franca had dug on September 15.
He alerted police, who discovered the landscaper’s body.
Della Franca had previously been charged with Mr Ditri’s murder four days after he was last seen, on September 1, 2021.
Mr Ditri (pictured right) denied stealing when he was confronted by Della Franca on August 27, 2021 while he was emptying lawn clippings at a local rubbish tip
Mr Tooker told the court Della Franca hadn’t shown any regret for his actions.
‘He was only thinking about himself,’ the prosecutor said.
‘There is no evidence of genuine remorse. He is concerned only with himself.’
Justice Bruno Fiannaca accepted that Della Franca did not confront Mr Ditri with the intention of murdering him but had decided to shoot after he denied stealing.
The judge said victim impact statements had revealed the landscaper was a sorely-missed husband and much-loved father to three young children.
‘They grieve the fact he (Mr Ditri) will be missed as a husband, father, son, uncle and sibling,’ Justice Fiannaca said.
‘(His wife) is broken and struggles to face the world every day. She is still angry and her children suffer daily because of what you have done.’
Della Franca will be eligible for parole in 20 years, after his 87th birthday.
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