Verdict due in sa spa murder trial 20141217 p5sqx0.html – Breaking News & Latest Updates 2026
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This was published 11 years ago

SA man acquitted of murdering lover

AAP

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A very drunk man who repeatedly bashed his married lover has been acquitted of murder by a judge who says he is not satisfied he intended to kill her.

"The injuries could well have been inflicted in an intoxicated state without the necessary comprehension that a sober person would have when inflicting such severe blows," Justice John Sulan said on Wednesday.

The South Australian Supreme Court judge instead found Bevan John Brougham, 53, guilty of the manslaughter of Dianne Rogan, 52, whose husband was overseas at the time.

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When she did not turn up to her job as deputy registrar at Whyalla Magistrates Court on July 12, 2013, her daughter went to her Whyalla home and found her mother's naked body beside the backyard spa.

Ms Rogan, whose post-mortem blood alcohol reading was 0.34 per cent, suffered extensive fractures and injuries to her face, head, chest and back.

Brougham told Justice Sulan, who heard the trial without a jury, that Ms Rogan became unconscious after he kicked out at her in the spa when she angrily bit his foot.

He said he dropped her as he tried to pull her out of the spa and when she slipped from his grip, she fell on the paving before he dragged her to the lawn, where he attempted CPR for "a long time".

Brougham claimed he had intended breaking off their relationship - he wanted to travel to the Philippines because he was frustrated with Australian women.

"I was considering a Filipino bride," he said.

But the crown alleged he launched a "sustained and extremely violent" attack on Ms Rogan, probably because she refused his request for sex.

Justice Sulan concluded that Brougham did not go to the house to end the relationship but to have sex, which was consensual when both were significantly affected by alcohol.

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While he accepted an altercation took place during which Ms Rogan bit Brougham's foot, he rejected Brougham's explanation for what happened next.

He found Brougham repeatedly hit her face and head with a clenched fist and kicked or stomped on her.

But while he was satisfied Brougham caused her death and the assault was a "conscious and voluntary act", he said he could not be satisfied he intended killing her or causing her serious harm.

Brougham will face a sentence hearing on January 28.

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