EXCLUSIVE
A customer at a 7-Eleven who passed away six days after being splashed with hot coffee and restrained at the convenience store had provoked the incident by using racial slurs against a Jewish woman.
On Tuesday, Sarah Franklin, now 53, entered a guilty plea to a charge of common law assault against Sarah Murphy, following an agreement with Victoria’s Police prosecutors.
Andrea Madigan, also 53 and charged alongside Franklin, had her charge dismissed after she appeared in court ready to challenge it.
Andrea Madigan planned to contest the assault charge. She was seen on CCTV appearing to break up the fracas before allegedly helping to pin Franklin’s victim down.
The 7-Eleven service station in Caulfield (pictured) where the tragic incident happened
Initially, Franklin intended to contest the charge in the Moorabbin Magistrates’ Court but ultimately accepted a plea deal from the prosecution at the last moment.
The court was informed that prosecutors offered the deal on the condition that Franklin acknowledged the final two minutes of her actions against Ms. Murphy were not in self-defense.
The attack happened on February 8 last year inside a 7-Eleven service station in Caulfield, in Melbourne‘s south-east.
Madigan and Franklin 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.
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.’
The court heard Franklin had taken offence to Ms Murphy’s racist comment just moments earlier in which she remarked ‘Die Jews’.
In harrowing scenes, 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 ought to have backed out of the fracas.
‘Are you calm now,’ Franklin asked as she continued to hold Ms Murphy down for two minutes.
Sarah Franklin threw hot coffee on her victim before pinning her down. She tried to hide her identity at the Moorabbin Magistrates’ Court on Tuesday
Andrea Madigan leaves court on Tuesday after having her charge struck out
Forensic officers are seen at the service station after Ms Murphy was assaulted
Despite Ms Murphy’s death, the court heard forensic experts were unable to conclude with reasonable doubt she died due to the incident.
CCTV footage appeared to show Ms Murphy unconscious as the two women grabbed their possessions and left the service station.
Madigan was charged after allegedly holding Ms Murphy’s arm down as her friend of 20 years pinned her victim with a knee.
Her contest hearing was adjourned to allow Magistrate Stephen Lee to sentence Franklin.
Mr Lee said he needed a psychological report on Franklin before determining her sentence.
The experienced magistrate appeared shocked upon being told Ms Murphy had died.
He also expressed concern at the prosecution deal considering it was Franklin who started the violence when she tossed the hot coffee on her victim.
‘It looked to me like a classic two-on-one,’ Mr Lee said
Sarah Franklin (left) leaves court with her sister. She refused to answer questions
Coffee was allegedly poured on a woman who later died in hospital (stock image)
Two women have since been charged over the alleged attack (pictured, police at the scene)
However, the prosecution accepted Franklin had been provoked into the attack by the anti-Semitic slur directed her way.
Franklin’s lawyer Greer Boe said the magistrate ought 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 Greer called for Franklin to be released on a good behaviour bond without conviction on the basis the attack was a ‘momentary lapse’ – a submission Mr Lee found odd.
‘I’m surprised you would make that submission,’ he said.
‘It was a protracted use of force to utterly subdue a helpless victim… it looked to me like significant force, far from a momentary lapse.’
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.
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.
Mr Lee will sentence Franklin in December.
Outside court, Franklin refused to comment to Daily Mail Australia as she made her way back to her car.
