How fate and timing took a hand in tragedy

TRAGEDY has been heaped upon tragedy during the first few days of the Samantha Fraser murder trial in the Melbourne Supreme Court this week.

And right up until the final few hours of her life, circumstances might have conspired to save Ms Fraser.

The court heard that at 8.55am on the morning of her death, on Monday, July 23, 2018, the man accused of her murder, Adrian Basham, her estranged husband, was captured on CCTV walking south around the eastern footpath along Seagrove Way, past number 13.

It was a couple of doors down from 19 Seagrove Way, Ms Fraser’s family home in an otherwise quiet Cowes’ residential street.

According to Crown Prosecutor Dr Nanette Rogers SC, Mr Basham was wearing a distinctive two-toned blue hooded jacket with the hood up, his hands in his pockets and looking around while he walked.

It was enough to attract the attention of an observant local.

“At about 9am, a local resident [name] was driving home along Seagrove Way. He saw a man walking towards 19 Seagrove Way. He described the clothing of the man as black pants and a navy-blue hooded rain jacket, with the hood up over his head,” said Dr Rogers.

“The local resident [name] described the man as being Caucasian, aged in his late 30s or 40s and about six feet tall. The Crown asserts that this was the accused man. [Name] saw this man walk into the heavily vegetated front yard at 19 Seagrove Way.

“He then lost sight of him amongst the vegetation. [Name] thought that this behaviour was sufficiently suspicious to perform a U-turn and he tried to make further observations of the accused, but he wasn't able to see him.”

Basham remained concealed in or around the garden for more than two hours, waiting for his ex-partner to return home.

“The deceased arrived home at 11.22am and drove into the garage,” Dr Rogers told the court.

Had the local resident and the accused man locked eyes, who knows if it might have been enough to change the outcome.

After enjoying a post-birthday catch up with friends over coffee well into the morning that day, Ms Fraser might even have skipped calling in at home altogether, due to an appointment she had with Nicole Stanes of the Bass Coast Health Family Violence Counselling Service, at 12 noon, half-an-hour away in Wonthaggi.

[PLEASE NOTE: Although it was clearly stated by Dr Rogers SC on Day 2 of the trial that the counselling session was to be in Wonthaggi at 12 noon, a relevant person has told the Sentinel-Times that the appointment was to have been in Cowes. The details have been reported in good faith.]

Ms Stanes had ongoing contact with the deceased between January 2017 and July 2018, but Ms Fraser did not contact the counsellor to cancel or change the appointment.

Any one of a number of other people might have checked on Ms Fraser that day, especially with a potential flash point looming and Mr Basham just back from a holiday in New Zealand.

An intervention order had been in place since May 5, 2017, prohibiting Mr Basham from being near the family home, Ms Fraser had regularly expressed her concerns to police, counsellors and friends about being afraid of her husband, and from December 2017, her parents Janine and Trevor Fraser had moved back into the family home at 19 Seagrove Way.

Charges arising out of the alleged incidents associated with the intervention order and other matters that are the subject of a suppression order, were listed for a contested committal hearing in the Latrobe Magistrates’ Court on July 30, 2018, which would have been the first occasion for Ms Fraser to give sworn evidence in court of Mr Basham’s earlier, alleged wrongdoing.

Despite ongoing concerns about her ex-partner’s allegedly threatening behaviour, Ms Fraser told friends she was ready to tell her story and move on.

“She spoke to a friend at the party (her 38th birthday on July 22) about the upcoming court matter that she had with the accused. The deceased was really concerned about the court case but was looking forward to getting through the process and starting her life again. The deceased said she was very excited about the prospect of returning to work and being financially independent,” Dr Rogers told the court.

The court case was looming just five days after the events of Monday, July 23, and little more than a week after Mr Basham returned to Australia, on July 19, from a 14-day solo holiday in New Zealand.

According to Prosecutor Dr Rogers: "On 20 July 2018, three days before she met her death, the accused told a local counsellor that she felt unsafe in the long-term, particularly following court and that she felt vigilant about her safety due to the accused being sighted on Phillip Island."

Police, in regular contact with Ms Fraser, counsellors, her parents and friends all knew of the seriousness of the impending court case, but no one guessed it might lead to a physical altercation between Mr Basham and his ex-partner on the morning of Monday, July 23, 2018, resulting in serious injuries to Ms Fraser, and ultimately her death.

The trial was adjourned on Thursday, March 17, while the presiding judge, Justice Taylor, the jury, legal representatives and court officials visited Phillip Island and the site of the alleged murder in Cowes.

The trial resumes on Friday morning, March 18, for a half-day session featuring further evidence from witnesses.