Gary and Fred Whearem were killed on January 4, 2014, when the car they were travelling in from Wedderburn to Inglewood was hit by a vehicle driven by McPherson, causing Gary Whearem to lose control of his car, sending it crashing head-on into a tree. Both Whearem brothers died at the scene.

McPherson, 70,  pleaded guilty earlier this month to two counts of culpable driving causing death. His co-accused Shayne Sargent, 42, earlier pleaded guilty to the lesser charge of dangerous driving causing death. 

The pair was back in court on Thursday for a pre-sentencing hearing ahead of sentencing in the Melbourne Supreme Court on August 10. McPherson expressed no remorse during the hearing while Sargent, through his barrister David Gibson, offered an apology for his actions.  

The court heard the crash was the culmination of a long running feud between Gary Whearem and McPherson.  Prosecutor Lesley Taylor QC said “considerable and long-standing animosity” existed between the parties due to McPherson’s romantic involvement with Rebecca Toner, who was previously in a relationship with Gary Whearem, with whom she had two children. 

Gary Whearem had also been involved in an “on-again, off-again” relationship with McPherson’s stepdaughter, Julie McPherson, compounding the animosity. 

The day of the crash, McPherson dictated a message to his stepdaughter to send to Gary Whearem, threatening to shoot him the next time the pair met. The same day, McPherson asked a police officer at a random breath testing site whether he had seen the Whearem brothers and told the officer, “well if I find him, you’ll be picking up broken bones”.

The prosecution alleged Sargent and McPherson were in separate cars terrorising and intimidating the Whearem brothers prior to the crash. Their actions caused Fred Whearem enough distress to call 000. The 000 call was cut off by the fatal crash. 

McPherson told police after the incident Gary Whearem “deserved what he f*****g got”. The court heard McPherson’s health problems will most likely result in his death in prison, should he be sentenced to jail time. McPherson has severe emphysema and is susceptible to life-threatening exacerbations of his condition.