Australia: Will we ever know how Karen Ristevski died? - PressFrom - Australia
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AustraliaWill we ever know how Karen Ristevski died?

05:25  15 march  2019
05:25  15 march  2019 Source:   theage.com.au

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Borce Ristevski has pleaded guilty to the manslaughter of Karen Ristevski , but he may never reveal how he killed his wife, and he won't have to. Ahead of his plea hearing on March 27, we explain what comes next.

Karen Ristevski and husband Borce Ristevski argued frequently about money, court hears. Borce Ristevski told police that he would fight with his wife about the financial state of their clothing business, but denied the fights ever got physical, a court hears.Mrs Ristevski 's husband, 54-year-old Borce

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Borce Ristevski has pleaded guilty to the manslaughter of Karen Ristevski, but he may never reveal how he killed his wife, and he won't have to. Ahead of his plea hearing on March 27, we explain what comes next.

So what happens now?

Ristevski didn’t give an account to prosecutors as part of the manslaughter plea on Wednesday. And he doesn’t have to as the court cannot compel him to take the stand and talk.

“The essential right to silence that exists is one of the benefits of freedom and also a cost of freedom,” former chief magistrate Nick Papas, QC, said.

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Karen Ristevski ’s brother has said her family “didn’t get justice” after her husband, Borce Ristevski , was sentenced to nine “As a a society at some stage in regards to domestic violence we will take a stand,” he said. “It wasn’t today.” Domestic Violence Victoria said in a statement the sentence pointed

Sarah Ristevski arrived at court in Melbourne on Thursday to learn her father's fate. She is estranged from one side of her family, her mother is dead, and her father is in jail. * Daughter wrote 'glowing' character reference for murder accused father * Will we ever know how Karen Ristevski died ?

“He might harm his position if he were to give evidence and he certainly can’t be interviewed without his consent.”

Former criminal lawyer Colin Lovitt, QC, said he would be surprised if Ristevski’s lawyer, David Hallowes, SC, presented a version.

“I would be surprised, tactically, if we heard from a defence on a plea given the state of the evidence as I understand it,” Mr Lovitt said.

Will we ever know how Karen Ristevski died? © Supplied Karen Ristevski and Borce Ristevski Could he take the stand?

It’s highly unlikely Ristevski would take the stand as, in the face of intense cross-examination from chief crown prosecutor Brendan Kissane, he could come across worse.

“It’s better to have a court or the public speculate rather than you be forced to give an account that can be picked apart,” another lawyer said.

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Borce Ristevski pleading guilty to manslaughter doesn't necessarily mean he will admit to how he killed his wife. This is why. A Queensland man who twice buried the body of his wife says she died after hitting her head On September 30, 2001, during the last of many arguments that peppered their 17

He could give instructions to his lawyer, and his lawyer would then tell the court during the plea hearing what his client said happened to Karen.

Will we ever know how Karen Ristevski died? © Justin McManus SES volunteers search the bushland where Karen Ristevski's body was found. But does the judge have to believe it?

It may be difficult for prosecutors to rebut what Ristevski says as there is no cause of death to prove otherwise.

“But that doesn’t mean the judge has to accept it,” Mr Papas said.

Another lawyer said Ristevski’s version could never be relied on, considering how his many lies after Karen's death.

“If he gave a version, it’s not worth the paper it’s written on,” he said.

“The judge will dismiss it as unlikely or untrue or a desperate attempt to minimise his own involvement.”

Will we ever know how Karen Ristevski died? © Supplied Karen Ristevski with her husband, Borce, and daughter, Sarah. Can a judge sentence without knowing how she died?

Short answer, yes, and it will be a difficult sentence for the judge. The agreed set of facts presented could say Ristevski killed his wife, but not how.

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Karen Ristevski went missing on June 29, 2016. Ristevski admitted to killing her earlier this month after denying any involvement for almost three years. On the morning she disappeared, Ristevski bundled her body into the back of her Mercedes Benz and drove north to Macedon Regional Park

AS THE family of Karen Ristevski prepares to lay her to rest on Monday, some burning questions remain about her unsolved murder. The statement by Rob Stary, who is best known for defending Wikileaks founder Julian Assange, fuelled speculation police were on the verge of But almost two weeks later, nobody has been charged and the case remains as baffling as ever . How did she die ?

There is a long line of authorities that tells a judge it is not up to them to pick apart the set of facts agreed on by the defence and prosecution. If there are gaps or holes in it – namely, not knowing a cause of death – then so be it.

Will we ever know how Karen Ristevski died? © AAP Borce Ristevski arrives at court on the day he pleaded guilty to manslaughter. So what length of sentence will Ristevski get?

It’s hard to say what the sentence will be. The average manslaughter sentence is about seven years, but this case could be considered as one of the most serious examples of the crime.

The most aggravating factor is that Ristevski dumped her body, hid it in the bush and did not tell police where it was.

"It's a gross aggravation," one lawyer said.

There were also the lies he told to police and family afterwards – including withholding that he drove his wife's car then admitting he did, then changing his story about why he drove it that day.

His conduct to cover-up his crime did not prove intent to murder, as Justice Christopher Beale found this week, but this conduct could contribute to a higher sentence.

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