A man accused of killing his father and sending threatening messages to his mother has had his murder charge downgraded. Here’s the latest from court.
Despite this, Jaiken Richard Fitzpatrick’s mum put forward $2000 in a bid for her son’s release in Downing Center Local Court on Monday however bail was refused by Magistrate Greg Grogin.
The 39-year-old was originally charged with the murder of his father Kenneth, however this was formally withdrawn and replaced with manslaughter. A plea has yet to be entered.
The Daily Telegraph Previously reported that police were called to a property on Kita Rd, Berowra Heights about 4.20pm on September 7 last year after reports of a domestic incident.
Kenneth was found with life-threatening injuries and despite being treated by paramedics, he died at the scene.
In detailing Fitzpatrick’s alleged offending, Mr Grogin said it was a “very tragic incident”.
The court heard Fitzpatrick was allegedly aware of his dad’s “ongoing health issues”, including previous heart surgery and during the alleged “physical altercation” – despite there being witnesses – Mr Grogin said “the only two people who know exactly what happened is the applicant and the deceased.”
Jaiken Fitzpatrick was refused dance for the second time on Monday. Photo: Facebook
“There’s a suggestion that the deceased fell on the door or he knocked his head on the car,” he said.
Mr Grogin said there was also an alleged altercation on the front lawn with Kenneth asking a witness for help to stop Fitzpatrick from “taking his car”.
Once the witness was involved, there was allegedly an attempt by Fitzpatrick to “punch him.”
The crown prosecutor had earlier referenced a post-mortem report which revealed the blunt force trauma suffered by Kenneth to the “right side of the face and head”.
He said the report ruled “out any finding of natural causes” and pointed to a mixture of the trauma and underlying cardiac issues.
It prompted Mr Grogin who replied “the report basically says, but for the exertion during the confrontation… the cardiovascular system would not have been compromised”.
The prosecutor said during the alleged altercation, Kenneth had called police to say his son was “out of control” before a witness saw the pair wrestling outside and he had “blood all over” his face.
The prosecutor submitted there were inconsistencies with Fitzpatrick’s version of events.
A car at the Berowra Heights property was removed by police in September, 2023. Picture: Jeremy Piper
Despite Mr Grogin being “worried” about the safety of Fitzpatrick’s mother, his lawyer Tania Johnson said “she does not hold any fears” and had visited her son weekly in jail.
She said his mother was willing to accommodate him and, despite her client having a “complicated relationship” with his dad, “they did ultimately love each other” and he was still grieving his death.
Ms Johnson said there was no “direct evidence of … Fitzpatrick having punched the deceased”.
While accepting the submissions sounded “assuring”, Mr Grogin referenced a number of text messages between Fitzpatrick and his mum in the months leading up to his dad’s death.
Fitzpatrick is alleged to have said “I will cut your throat” and “you do as you are f–king told c–t … you have failed your son.”
He also allegedly said “betray me again c–t I dare you” and “I will kill you.”
On the day of his father’s death he allegedly sent his mother another text saying “I’m sending the devil to strangle you tonight.”
Mr Grogin said “that’s where I have serious fears” for her safety given Fitzpatrick has “known drug and alcohol” problems and an underlying mental health issue.
Mr Grogin ultimately denied him bail and the matter was admitted to the same court in July.
