Sarah Franklin threw hot coffee on her victim before pinning her down. She tried to hide her identity at the Moorabbin Magistrates' Court in October
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Shocking footage has emerged showing a 7-Eleven customer being doused with hot coffee and physically overpowered by a woman. Tragically, the victim succumbed to her injuries six days later.

On Wednesday, a Melbourne magistrate ordered the release of CCTV footage capturing Sarah Franklin’s fatal altercation with her mentally unwell victim. This decision came after Victoria Police prosecutors failed to comply with an earlier request from the court. The footage was made available to Daily Mail Australia.

The videos, recorded on February 8 of last year, depict the moment Sarah Murphy, aged 52, lost consciousness at a service station in Caulfield, located in Melbourne’s southeast. During the incident, Franklin disregarded Murphy’s cries for help.

Sarah Franklin, 53, has admitted guilt to charges of common law assault.

Sarah Franklin threw hot coffee on her victim before pinning her down. She tried to hide her identity at the Moorabbin Magistrates' Court in October

Sarah Franklin threw hot coffee on her victim before pinning her down. She tried to hide her identity at the Moorabbin Magistrates’ Court in October 

Shocking footage of the attack has been revealed. Franklin pleaded guilty to common law assault

Shocking footage of the attack has been revealed. Franklin pleaded guilty to common law assault

The women were seen wrestling in the 7-Eleven

The women were seen wrestling in the 7-Eleven

A court heard the fracas began after victim Sarah Murphy allegedly said 'die Jews'

A court heard the fracas began after victim Sarah Murphy allegedly said ‘die Jews’

The Moorabbin Magistrates’ Court was informed that Franklin became infuriated by a racist comment made by Ms. Murphy, who allegedly said “die Jews.” Moments earlier, Franklin and her friend, Andrea Madigan, had stopped at the store for coffee, when Ms. Murphy reportedly took issue with a man cutting ahead in line.

Franklin and her mate Andrea Madigan had gone to the store to grab a coffee when Ms Murphy appeared to object to a man cutting in front of her. 

An argument ensued before Franklin was seen tossing a cup of coffee over her victim. 

In harrowing scenes captured on video, Ms Murphy was seen bolting away from Franklin around an aisle before she was tackled. 

The court heard Ms Murphy bit Franklin as they fell to the ground wrestling. 

It was only then that prosecutors agreed Franklin should have backed out of the fracas. 

‘Are you calm now,’ Franklin asked as she continued to hold Ms Murphy down for two minutes as her legs flailed about desperately.  

Video captured by a witness showed Ms Murphy repeatedly screaming for help as Franklin knelt on her back. 

‘I can’t breathe!’ she screamed.

‘Help, help me.’

CCTV footage showed Franklin and Ms Madigan grab their possessions and leave the service station.

On Wednesday, the court heard Ms Murphy lost consciousness during the attack and died days later without ever regaining it.

The 7-Eleven service station in Caulfield (pictured) where the tragic incident happened

The 7-Eleven service station in Caulfield (pictured) where the tragic incident happened

The two accused had faced manslaughter charges after initially being charged with recklessly causing serious injury. 

Those charges were dropped while forensic doctors worked to find out exactly how Ms Murphy died. 

On Wednesday, the court heard the coroner struggled to work out Ms Murphy’s cause of death due to the eight-day delay in receiving her body and a range of pre-existing ailments. 

The decision was further hampered by the coroner’s inability to work out if bruises to Ms Murphy’s body were caused by Franklin or the paramedics who tried to save her life. 

Ms Murphy had traces of methamphetamine in her hair and had also suffered from asthma and other health issues.  

When the charges returned to court they had been reduced to common law assault – a charge that carries a maximum sentence of just five years behind bars. 

In October, Franklin pleaded guilty to the charge after accepting another deal from police prosecutors. 

Ms Madigan had her charge struck out altogether on the same day.

She had been charged after allegedly holding Ms Murphy’s arm down as her friend of 20 years pinned her victim with a knee. 

Andrea Madigan leaves court on October 31 after having her charge struck out

Andrea Madigan leaves court on October 31 after having her charge struck out

Forensic officers are seen at the service station after Ms Murphy was assaulted

Forensic officers are seen at the service station after Ms Murphy was assaulted

Despite the harrowing footage, Crown prosecutor Pranaven Pathmaraj asked Magistrate Stephen Lee not to jail Franklin. 

When asked why, Mr Pathmaraj claimed Franklin had lived a faultless life before she was racially vilified by her victim. 

‘Ms Franklin comes before the court at her age with no prior convictions, no prior form for violent offending whatsoever and of course there is that aspect to this case that she first reacts as a result of apparent racial taunt by the deceased,’ he said. 

‘Essentially it explains why someone who hasn’t previously been in trouble with the police whatsoever comes to be engaged in such violent conduct.’

Mr Pathmaraj described the shocking attack as a ‘couple of minutes of bad behaviour’ on a single day. 

Magistrate Lee continued to express concern about the prosecution deal that saw Franklin plead guilty on the day she planned to run a contested trial. 

The court heard prosecutors made the deal on the provision Franklin accept the last two minutes of her assault against Ms Murphy was not self-defence. 

Mr Lee pleaded for information on the dead woman, who he heard had all but been abandoned by her family and society. 

Mr Pathmaraj revealed Ms Murphy had suffered from a variety of mental issues, including a borderline personality disorder and schizophrenia. 

She had lived alone on a disability pension, was estranged from her two brothers and both of her parents were dead. 

Sarah Franklin (left) leaves court with her sister in October. She refused to answer questions

Sarah Franklin (left) leaves court with her sister in October. She refused to answer questions 

Mr Pathmaraj said the decision to pursue a mere common law assault charge came down to not being able to prove beyond reasonable doubt Ms Murphy died because of Franklin’s actions.

‘(Ms Murphy) did arrive at the hospital in an unconscious state but whether she was in that state as a result of the assault or some underlying condition, we cannot say,’ he said. 

Mr Pathmaraj conceded Ms Murphy endured a ‘terrifying experience’ during her last moments awake. 

‘Especially when her calls went unanswered. But beyond that, beyond the emotional impact that could be readily inferred from that matter in terms of physical impact of the crime, your honour can’t unfortunately make much of it,’ he said. 

Franklin’s lawyer Greer Boe maintained the magistrate should make no consideration of Ms Murphy’s death in sentencing her client. 

‘There is no evidence she caused the death of the victim,’ she said.

Ms Boe claimed her client had acted in self defence even as her victim begged to be released. 

She has called for Franklin to be released on a good behaviour bond without conviction on the basis the attack was a ‘momentary lapse’

Mr Lee will sentence Franklin mid next year. 

 

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