Brian Vincent Attwell (left), 73, and his son leave the Albany Courthouse, where Attwell is facing trial. Picture: AAP. Source: AAP
THERE is compelling evidence an elderly, wealthy businessman made arrangements to have his estranged daughter-in-law killed and his suggestion it was all "huff and puff" is ridiculous, a West Australian court has heard.
The Albany Courthouse trial of Brian Vincent Attwell, 73, is nearing its end, with closing submissions made on Thursday morning.
Attwell has been charged with the rare offence of attempting to procure the commission of a crime, namely the murder of Michelle Patreena Attwell, who has been embroiled in a bitter legal dispute with the accused's son following their marriage break-up.
While Attwell has testified that hateful comments he made - including to an undercover policeman posing as a hitman named "Josh", saying he wanted her strangled, buried 30 feet under or burnt in her car - were all "huff and puff".
But state prosecutor James MacTaggart said the expression was ridiculous and meaningless.
The court has heard Attwell paid the policeman $10,000 as a down payment on a $30,000 hit, a sum dismissed by the accused as "minuscule".
Attwell just wanted his target frightened and viewed the payment as a "trifling matter", defence lawyer Tom Percy said, "... a deposit of little significance designed to keep the lines of communication open".
But Mr MacTaggart said the policeman had been "paid to do one thing, and one thing only".
Attwell had turned intent into execution that was "more than preparatory", he said.
Despite Josh being provided with Ms Attwell's address and general description, the accused was not committed to having her killed as he had not provided a photograph, Mr Percy argued.
Mr MacTaggart said the suggestion that the policeman wasn't provided with sufficient information was preposterous.
"By the time he'd had two meetings with Josh, he'd done all he could ... to have Ms Attwell murdered."
He said the policeman had even given Attwell an opportunity to back out, saying: "You want her gone, yeah?"
"Yeah, without a doubt," Attwell replied, not realising the conversation was being recorded.
Mr Percy said the accused was just frustrated with his son's ex-wife and was prone to exaggeration, bravado, fanciful bluster and big talk.
"He talked the talk, but the question for you is if he was ever going to walk the walk," he told the jury.
"Had he crossed the Rubicon?
"Had it got to the point of no return? No.
"The decision not to give Josh a photo was intended to ensure he couldn't find Michelle.
"Without a photo... without a final phone call, nothing was going to happen."
Mr Percy said the case was an artifice, constructed by police. And his client was "a crotchety old bugger", but was not homicidal.
"You may think he's a classic grumpy old man, but he's not on trial for that."
The trial continues.
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