A Supreme Court judge has determined triple murderer Ian Jamieson should pay more than $220,000 in compensation to two family members of his victims, who say the killer has destroyed enjoyment of life and turned life into an ongoing nightmare.
Jamieson stabbed Greg Holmes, 48, to death before shooting Mr Holmes' mother, 75-year-old Mary Lockhart, and stepfather Peter Lockhart, 78, at Wedderburn on October 22, 2014.
Jamieson had become increasingly angry - "completely obsessed", Justice Bell said - with the dust generated by the use of a road that ran beside his property.
"The circumstances in which the three murders were committed beggar belief," Justice Kevin Bell said.
Yesterday, Justice Bell granted compensation to Maree St Clair and Paul Holmes - Mr Holmes' older siblings, the children of Mrs Lockhart and the stepchildren of Mr Lockhart - of $100,000 and $123,141.60 respectively.
In her victim impact statement, Ms St Clair said she cried for her mother every day and missed the banter of her stepfather.
With regards to her brother - the youngest of five siblings - she said, "I miss him terribly and I am gutted at the loss of his potential at such a young age".
Ms St Clair said the details of the murders tormented her, and her fears for her children and grandchildren were heightened.
Jamieson "destroyed my enjoyment of life", she said.
Mr Holmes described close relationships with his mother and step-father in his victim impact statement.
He spoke of long phone calls and a love of music he shared with his mother, and the gratitude he felt for having Mr Lockhart as a second father figure.
Mr Holmes described his late brother as his "best mate".
His family life and his religious faith were deeply affected by the murders, Mr Holmes said, and "life has been a nightmare I wouldn’t wish on anybody, and it’s a nightmare that keeps on going".
In delivering his judgment, Justice Bell said the two siblings suffered grief, distress, trauma and other negative consequences as a result of Jamieson's crimes.
"The circumstances in which Mary, Peter and Gregory were killed have shaken Maree and Paul, the two eldest children, to their foundation and damaged their capacity to feel trusting and safe," Justice Bell said.
"The pain and suffering of these two applicant victims must be understood in the context that they lost a mother, stepfather and brother, the primary victims, in a shocking multiple murder."
Justice Bell said Ms St Clair and Mr Holmes were entitled to expect to have their brother, their mother and their step-father in their lives for many years.
"Their backgrounds are unexceptional, and nothing did or could prepare them for the experience of their mother, step-father and brother being murdered, at all and especially in the particular circumstances," he said.
In making his decision, Justice Bell took into account psychological assessments of the pair.
Justice Bell said the court was not able to take Jamieson's financial circumstances into account, because there was not enough evidence to do so.
"More fundamentally, the impact of the crimes upon Maree and Paul has been so profound that it would be inappropriate to take Mr Jamieson’s financial circumstances into account when assessing and ordering compensation, especially when regard is had to the fact that he is an elderly man who will probably spend the rest of his life in prison and whose potential for limited rehabilitation will not be seriously prejudiced by compensation orders," he added.
Justice Bell noted it was recognised that no amount of money could compensate for pain and suffering, but the purpose was to restore the victim to the position they would have been in if not for the crime and make them "whole only so far as money can".
The compensation granted to Ms St Clair and Mr Holmes had to be reduced by $30,000, the amount they had each already received for distress under the Victims of Crime Act.
Justice Bell noted that applications for compensation must ordinarily be made within 12 months of the offender being found guilty or convicted of the offence.
The siblings' application for compensation was made 95 days outside this window, mostly because of Jamieson's appeal against his conviction.
Justice Bell said Mr Holmes and Ms St Clair waited, on legal advice, until the Court of Appeal handed down its reserve judgment.
He decided to grant the extension of time, reasoning Jamieson's rehabilitation would not be affected adversely. "This is an adequate explanation for the delay," he said.
Jamieson was sentenced in 2016 to life in prison with a non-parole period of 30 years for the murders.
He initially pleaded guilty to all three murders, but later tried to change his plea relating to the death of Mr Holmes to not guilty.
In 2017 he appealed his conviction, saying he should have been able to plead not guilty and argue self-defence, but the appeal was dismissed.
Now in his late 60s, Jamieson is unlikely to ever be released from jail.
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