Finding into death of Suzil Oghia

IN THE CORONERS COURT

OF VICTORIA AT MELBOURNE Court Reference: COR 2013 5025

FINDING INTO DEATH WITHOUT INQUEST Form 38 Rule 60(2) Section 67 of the Coroners Act 2008

Findings of: JUDGE SARA HINCHEY, STATE CORONER

Deceased: SUZIL OGHIA

Date of birth: 1 December 1981

Date of death: 5 November 2013

Cause of death: Stab wound to the abdomen

Place of death: 6 Marna Court Noble Park

TABLE OF CONTENTS

Background The purpose of a coronial investigation Matters in relation to which a finding must, if possible, be made

• Identity of the Deceased pursuant to section 67(1)(a) of the Coroners Act 2008

• Medical cause of death pursuant to section 67(1)(b) of the Coroners Act 2008

• Circumstances in which the death occurred pursuant to section

67(1)(c) of the Coroners Act 2008 Comments pursuant to section 67(3) of the Coroners Act 2008

Findings and conclusion

HER HONOUR: BACKGROUND

1. Suzil Oghia (Ms Oghia) was born on | December 1981 and at the time of her death on 5 November 2013 she was 31 years old.

2. Ms Oghia and Bona Lual (Mr Lual) met in their home country of Sudan. In 2000, when Ms Oghia was 18 years old and Bona Lual was 23 years old they got married. They had four children together; Amanuel Lual (12 years old), Biatris Lual (10 years old), Nelson Lual (6 years old) and Sandra Lual (3 years old), all of whom lived with Ms Oghia.

3. Ms Oghia and Mr Lual were from different ethnic language groups, but both spoke Arabic as their first language.’ Mr Lual is from the Dinka tribe and Ms Oghia belonged to the Otuho tribe. Ms Oghia’s family did not recognise the marriage because Mr Lual did not pay a dowry as is customary in Sudan. This was perceived as Mr Lual taking Ms Oghia

“illegally from her parents.”*

4. While living in Sudan, Mr Lual was mistakenly accused of belonging to a rebel tribe and held in solitary confinement and tortured over a period of a fortnight.3 This prompted Mr Lual and Ms Oghia to leave Sudan and seek refuge first in Egypt and then in Australia.

Relatives of Ms Oghia already living in Melbourne (Election and Susan Majilakwa) sponsored her and Mr Lual to come to Australia, sending Ms Oghia the application form and

money.

5. Ms Oghia and Mr Lual arrived in Australia in 2005 with their two oldest children and lived

with Election Majilakwa for a two-month period.*

6. The couple were observed to be experiencing marital problems with frequent arguments about finances and Mr Lual’s alcohol abuse. Election Majilakwa reports witnessing physical

abuse and verbal arguments. He also heard Mr Lual threaten to “one day” kill Ms Oghia>

7. In 2006, Ms Oghia became pregnant with the couple’s third child. In September of that year, Mr Lual returned home intoxicated and physically assaulted his pregnant wife over a three

hour period. The following day, Ms Oghia attended the Dandenong Hospital Emergency

' Coronial Brief, p.113.

? Coronial Brief, p.81.

5 Sentencing Remarks, p.6.

4 Coronial Brief, p.82.

Coronial Brief, p.83.

Department for treatment of her injuries before reporting the incident to police officers at the Dandenong Police Station. As a result, an intervention order was issued by Dandenong

Magistrates’ Court preventing Mr Lual from living with Ms Oghia and the children.

8. In 2007, Mr Lual moved to Brisbane while Ms Oghia and the children remained in Melbourne. At this time both Mr Lual and Ms Oghia told people that they were separated.®

9. In 2009, Ms Oghia moved to Brisbane with the children at the request of Mr Lual.”? Ms Oghia stayed for a few months but reported to friends that Mr Lual had not changed and was

still consuming alcohol and was physically and verbally abusive towards her.®

10. Sometime in 2010, Ms Oghia returned to Melbourne with her children, at this time she was also pregnant with her fourth child. Ms Oghia initially lived with childhood friend Christine

Liwa, before moving into her own home with her children in Noble Park.?

11. No formal custody arrangements were negotiated and Mr Lual would visit the children at the family home “maybe two or three times a year and stay for either a few days or maybe a week.”'° Amanuel Lual reported that his father would try and talk to his mother, Ms Oghia about being allowed to come back to the house every time he visited the children. Further, Amanuel Lual stated that his father was emotional that he was not able to see his children

much and not able to live in the family home.

12. Between July and August 2013, Mr Lual contacted Ms Oghia’s friend, Christine Liwa, and asked her to speak to Ms Oghia on his behalf. Mr Lual told her that he had changed his life and wanted to spend time with his children and resume the relationship.!' Ms Oghia had reportedly changed her mobile phone number and had not provided the new number to Mr

Lual because she wanted to cease contact with him.

13. In September 2013, Mr Lual again returned to Melbourne in an attempt to live in the family home, but Ms Oghia refused to allow him to do so. Mr Lual consequently went to live with a friend, Martin Ohuchol. Mr Lual continued to press friends, family, and members of the Sudanese community to convince Ms Oghia to change her mind. As such, Martin Ohuchol contacted Ms Oghia’s father in Sudan and asked him if he would allow Mr Lual to return to

the family home. Ms Oghia’s father reportedly said “J don’t want Bona to go back to Suziee

® Coronial Brief, pp.72 and 75.

? Coronial Brief, p.75.

8 Coronial Brief, p.75.

° Coronial Brief, p.76.

10 Coronial Brief, p.90.

"| Coronial Brief, p.77.

anymore”'? due to Mr Lual’s failure to pay the dowry. Martin Ohuchol advised Mr Lual that

he would have to pay Ms Oghia’s father money if he wanted to resume the relationship.

Following this, Mr Lual remained in Melbourne and began to engage in stalking and threatening behaviour towards Ms Oghia. Mr Lual developed a belief that Ms Oghia was seeing other men so he followed her, instructed his son to keep notes on Ms Oghia’s social

activities, and made threats to kill Ms Oghia and any man she was seeing.?

A few weeks before her death, the keys to Ms Oghia’s house went missing and she believed that Mr Lual took them as he had been at the house earlier that day. Friends encouraged Ms

Oghia to change the locks, however she did not do so.

THE PURPOSE OF A CORONIAL INVESTIGATION

Ms Oghia’s death constituted a ‘reportable death’ under the Coroners Act 2008 (Vic) (the Act), as the death occurred in Victoria, and was unexpected, violent, resulted from injury

and was not from natural causes.'4

The jurisdiction of the Coroners Court of Victoria is inquisitorial.'> The purpose of a coronial investigation is independently to investigate a reportable death to ascertain, if possible, the identity of the deceased person, the cause of death and the circumstances in

which death occurred.

It is not the role of the coroner to lay or apportion blame, but to establish the facts.'® It is not the coroner’s role to determine criminal or civil liability arising from the death under

investigation, or to determine disciplinary matters.

The ‘cause of death’ refers to the medical cause of death, incorporating where possible, the

mode or mechanism of death.

For coronial purposes, the circumstances in which death occurred refers to the context or background and surrounding circumstances of the death. Rather than being a consideration of all circumstances which might form part of a narrative culminating in the death, it is confined to those circumstances which are sufficiently proximate and causally relevant to

the death.

! Coronial Brief, p.118.

'3 Sentencing Remarks, p.2.

'4 Section 4 Coroners Act 2008.

'S Section 89(4) Coroners Act 2008.

'S Keown v Khan (1999) 1 VR 69.

21. The broader purpose of coronial investigations is to contribute to a reduction in the number of preventable deaths, both through the observations made in the investigation findings and by the making of recommendations by coroners. This is generally referred to as the

‘prevention’ role.

22. Coroners are also empowered:

(a) to report to the Attorney-General on a death;

(b) to comment on any matter connected with the death they have investigated, including

matters of public health or safety and the administration of justice; and

(c) to make recommendations to any Minister or public statutory authority on any matter connected with the death, including public health or safety or the administration of

justice. These powers are the vehicles by which the prevention role may be advanced.

23. All coronial findings must be made based on proof of relevant facts on the balance of probabilities. In determining these matters, I am guided by the principles enunciated in Briginshaw v Briginshaw.'’ The effect of this and similar authorities is that coroners should not make adverse findings against, or comments about individuals, unless the evidence

provides a comfortable level of satisfaction that they caused or contributed to the death.

24. In writing this Finding, I have conducted a thorough forensic examination of the evidence

including reading all of the witness statements in the coronial brief.

MATTERS IN RELTION TO WHICH A FINDING MUST, IF POSSIBLE, BE MADE Identity of the Deceased, pursuant to section 67(1)(a) of the Coroners Act 2008

25. On 7 November 2013, the deceased was visually identified by her close friend, Christine Liwa, to be ‘Suzie’ Oghia, born 1 December 1981. Upon releasing Ms Oghia’s body to her

uncle, Robert Labalu, he confirmed the correct spelling of her name to be Suzil Oghia.

26. Identity is not disputed and required no further investigation.

17 (1938) 60 CLR 336.

Medical cause of death, pursuant to section 67(1)(b) of the Act

Forensic Pathologist, Dr Yellena Baber, with the Victorian Institute of Forensic Medicine performed an autopsy on Suzie Oghia. Dr Baber determined the cause of death as “Stab wound to the abdomen’'*. The stab wound was 7.5cm in length and had penetrated through the aorta and renal artery leading to exsanguination.!° Stab wounds were also identified in each cornea and incision wounds were found to the left upper eyelid and right cheek, however these injuries were thought to have occurred post-mortem.”° No defensive injuries were identified. A full toxicological analysis was negative for alcohol and other detectable

substances.”!

Circumstances in which the death occurred, pursuant to section 67(1)(c) of the Act

Ms Oghia was part of a group of women from the Melbourne Sudanese community organising a Melbourne Cup party for the evening of 4 November 2013. Ms Oghia spent the afternoon of 4 November 2013 at Menzies Avenue Hall, Dandenong North setting up for the

party and she returned home at approximately 6.00pm to change her clothes.??

Mr Lual had attended the family home during the afternoon to spend time with the children.

Amanuel Lual informed police that his father arrived at approximately 5.00pm. Biatris reported that, at first, the children did not open the door when he knocked because their mother had instructed them not to. However, after Mr Lual persisted knocking on all the

doors and windows Amanuel Lual let him in.73

When Ms Oghia arrived home, Mr Lual was still there and it is not known how Ms Oghia responded to this situation. Ms Oghia changed her clothes and sometime later went to the party. Mr Lual had not been invited to the party but his friend, Martin Ohuchol was, and so he decided to attend.”* According to the statement of Amanuel Lual, the children were left at home alone for the remainder of that evening and put themselves to bed at approximately

10.30pm.?°

'8 Medical Examination Report of Dr Yeliena Baber dated 7 February 2014, p. 12.

1° Coronial Brief, pp.11-12.

© Coronial Brief, p.12.

2! Coronial Brief, p.64.

» Sentencing Remarks, p.2.

3 Coronial Brief, p.342.

24 Sentencing Remarks, p.2.

°5 Coronial Brief, p.19.

31. Mr Lual arrived at the party sometime between 9.00pm and 10.00pm but upon noticing that he was under-dressed, he went to Martin Ohuchol’s house to change his clothes, returning to the venue at approximately 11.30pm.’° Witness accounts vary as to what time Ms Oghia arrived at the party, however Closed-circuit Television (CCTV) footage reveals that Ms

Oghia arrived alone at approximately 10.15pm.

32. Mr Lual spent the remainder of the evening in the vicinity of Ms Oghia and telling friends he wished to talk to her. Just after 1.00am on 5 November 2013, Ms Oghia left the party and drove home alone. Only a few minutes later, Mr Lual also left the hall and followed her. He took Martin Ohuchol’s car and drove to Ms Oghia’s house, arriving at approximately

1.20am.?”

33. The precise details of what occurred in the house in the moments immediately preceding the Ms Oghia’s death are unknown. While Mr Lual exercised his right to silence during an interview with police officers after Ms Oghia’s death, he did tell police officers, when he surrendered himself at the Dandenong Police Station, that the pair had a fight in the moments leading up to the incident. The children were asleep in the house and did not witness their mother’s death. Forensic evidence obtained reveals that Mr Lual entered the home, located Ms Oghia in the lounge room and he stabbed her once in the right lower abdomen. Mr Lual also stabbed Ms Oghia once in each eye-ball, but autopsy evidence suggests this occurred after death.?® The Victoria Police Homicide investigation was unable to established whether Mr Lual brought the knife with him or located it within Ms Oghia’s

house.”?

34. At 1.52am, Mr Lual left the house and called emergency services advising that “police and an ambulance were needed at the address, there had been a fight and the husband had stabbed the wife.”° Mr Lual then called again five minutes later stating, “She is alone at the house and if you don’t hurry up she is going to die.”’ During this second phone call, Mr Lual admitted that he had stabbed Ms Oghia.

35. At approximately 2.10am, police officers from the Dandenong and Springvale Police Stations attended Ms Oghia’s house. When they arrived, the front door was locked but the

rear door was open. They entered and searched the premises and located Ms Oghia in the

26 Sentencing Remarks, p.2.

27 Sentencing Remarks, p.3.

28 Sentencing Remarks, p.3.

° Sentencing Remarks, p.4.

3° Sentencing Remarks, p.3.

3! Sentencing Remarks, p.3.

living room. The police officers were unable to identify any signs of life and believed that Ms Oghia was deceased. Paramedics also attended and declared Ms Oghia to be deceased.”

The police officers searched the house and located the four children unharmed.

36. Mr Lual returned to the party at approximately 2.00am and spoke with his friend Martin Ohuchol, but did not disclose his actions. Mr Lual and Martin Ohuchol left the party together, with Mr Lual directing Martin Ohuchol to drive him to Dandenong Police Station where he told police officers that he and his wife had had a fight.

37. On 5 November 2013, Mr Lual was charged with the murder of Ms Oghia and then remanded in custody. Mr Lual was examined by a doctor (Dr Jiun Kae Pui) while at the Dandenong Police Station and was not found to have any injuries. He reported that he had

not used alcohol or drugs within the past seven days.

COMMENTS PURSUANT TO SECTION 67(3) OF THE COORNERS ACT 2008

38. The unexpected, unnatural and violent death of a person is a devastating event. While I note that Ms Oghia and Mr Lual had separated, it is important to recognise that violence perpetrated by a family member is particularly shocking, given that the family unit is

expected to be a place of trust, safety and protection.

39. I requested that the Coroners Prevention Unit (CPU) examine the circumstances surrounding Ms Oghia’s death as part of the Victorian Systemic Review of Family Violence Deaths (VSRFVD).**

40. The CPU identified the presence of risk factors known to increase the risk of fatal family violence between intimate partners. Mr Lual had a history of perpetrating family violence against Ms Oghia, including controlling and threatening behaviour and physical violence.

Furthermore, Mr Lual displayed high risk behaviour such as stalking, physically assaulting Ms Oghia while she was pregnant, and threatening to kill her.

41. The CPU further identified that cultural factors may have contributed to Ms Oghia’s death.

Based on the information provided by his family and friends, Mr Lual held traditional

*2 Coronial Brief, p.145.

33. The Coroners Prevention Unit is a specialist service for Coroners established to strengthen their prevention role and provide them with professional assistance on issues pertaining to public health and safety.

34 The VSRFVD provides assistance to Victorian Coroners to examine the circumstances in which family violence deaths occur. In addition, the VSRFVD collects and analyses information on family violence-related deaths.

Together this information assists with the identification of systemic prevention-focussed recommendations aimed at reducing the incidence of family violence in the Victorian community.

cultural beliefs about marriage and gender roles. He believed that men should be head of the household and women should be submissive. Such attitudes may have contributed to, but

certainly do not excuse, his perpetration of family violence against his wife.

42. Research undertaken with Sudanese communities in Australia identified that the changed

gender and family roles that occur on resettlement in Australia can contribute to family violence.*> Some Sudanese men felt that they were disempowered and no longer respected by women. Australia was seen as giving more rights and freedoms to women through the social and legal systems, which threatened what they believed to be patriarchal norms and

led to male authority being undermined.*°

43. Consistent with this research, Ms Oghia appears to have held more westernised views about

marriage and understood her rights in Australia. She had an independent source of income, had taken out the lease on the home she shared with the children in her own name, and was not willing to allow Mr Lual to return to the marriage or family home when it pleased him.

This was inconsistent with Mr Lual’s cultural expectations that he was head of the house and

could make the decisions for the family.

44. The Royal Commission into Family Violence (the Commission) received submissions on

existing prevention and early intervention initiatives within culturally and linguistically diverse (CALD) communities. Some of these initiatives involve the development of community based projects aimed at addressing gender equality and respectful relationships within certain cultural groups including, the Sudanese community.*’ | support the development of such community based prevention initiatives, although this case does not

provide the basis for a formal recommendation on this point.

45. In 2006, Ms Oghia demonstrated an ability and willingness to access support through the

health and legal systems when a victim of family violence perpetrated by Mr Lual.

However, the available evidence does not reveal that Ms Oghia sought support or legal protection when Mr Lual returned to Melbourne two months prior to her death. As Ms

Oghia did not access any support or intervention for family violence proximate to her death,

Association for Services to Torture and Trauma Survivors. Research Report: Exploring the Nature and Understanding of Family and Domestic Violence within Sudanese, Somalian, Ethiopian, Liberian and Sierra Leonean Communities and its Impact on Individuals, Family Relations, the Community and Settlement (2009).

Family violence within the Southern Sudanese community: Project evaluation report (2008). Migrant Information Centre, Eastern Melbourne.

Royal Commission into Family Violence: Report and Recommendations (March 2016) Volume V, Chapter 26, pe 103.

there is no basis to make formal recommendations regarding systemic responses to family

violence in CALD communities.

46. On 5 November 2013, Mr Lual was charged with the murder of Ms Oghia. He pleaded not guilty to murder, but admitted that he had intended to injure her. After a jury trial Mr Lual was convicted of murder, and on 26 June 2015, Judge Forrest sentenced him to 21 years of imprisonment with a non-parole period of 16 years and 6 months. In sentencing Mr Lual, Judge Forrest took into consideration Mr Lual’s “horrific childhood and harsh adolescence’, the “fleeting remorse”? he demonstrated by contacting emergency services, and his reasonable prospects for rehabilitation. Judge Forrest commented that Mr Lual was “a jealous, controlling husband who could not come to terms with Ms Oghia’s rejection”

and that Mr Lual had formed an inaccurate belief that Ms Oghia was having an affair.*°

FINDINGS AND CONCLUSION

47. Having investigated the death, without holding an inquest, I make the following findings pursuant to section 67(1) Coroners Act 2008:

(a) the identity of the deceased was Suzil Oghia, born 1 December 1981;

(6) Suzil Oghia died on 5 November 2013, at 6 Marna Court Noble Park, Victoria, from a

stab wound to the abdomen;;

(c) that Mr Lual caused Ms Oghia’s death;

(d) the death occurred in the circumstances set out above.

48. I convey my sincere condolences to Ms Oghia’s family and friends at her tragic and

untimely death.

49. Pursuant to section 73(1) of the Coroners Act 2008, | order that this Finding be published on

the internet.

50. I direct that a copy of this finding be provided to the following:

(a) Mr Robert Labalu, senior next of kin.

38 Sentencing Remarks, p.7.

3° Sentencing Remarks, p.8.

40 Sentencing Remarks, p.4.

(6) Detective Senior Sergeant Stephen McIntyre (Homicide Squad), Coroner’s

Investigator.

(c) Detective Inspector Michael Hughes, Homicide Squad, Victoria Police.

Signature:

JUDGE SARA HINCHEY STATE CORONER Date: ODS-SE F- 2016