Chef Secures Confidential Payout Following Wrongful Murder Prosecution
Ben Batterham, a chef who was found not guilty of murdering a home invader discovered in his seven-month-old daughter's bedroom, has won a confidential compensation payout from the State of New South Wales for being wrongly prosecuted. The settlement concludes a nearly decade-long legal ordeal that began with a violent confrontation on Easter Saturday in 2016.
The Fateful Night in Hamilton
On March 26, 2016, Mr Batterham was celebrating his 33rd birthday at his home in Hamilton, Newcastle, with a friend while his fiancée Monique Cameron and their infant daughter were staying next door at his parents' house. Around 3am, 37-year-old Ricky Slater, a methamphetamine addict recently released from prison, entered the premises carrying three knives, cannabis, and meth in his bag.
Slater, who had a criminal record including rape convictions dating back to his teenage years, made his way to the nursery and stole Ms Cameron's handbag. When confronted by Mr Batterham, Slater fled through a side door, prompting a chase through several streets as Mr Batterham simultaneously called emergency services.
The Confrontation and Aftermath
Mr Batterham eventually tackled Slater to the ground, holding him down with punches to the head and a chokehold until police arrived. At the scene, Mr Batterham told officers: 'Give me two minutes with him. I'll kill the dog.' Slater was hospitalized and died the following day after suffering three heart attacks, with life support being withdrawn.
The chef, who sustained bite wounds, cuts, and bruises during the struggle with the 120kg intruder, was charged with murder and spent six weeks in jail before being granted bail with a $200,000 surety on his parents' home. Throughout his legal battle, Mr Batterham maintained he never intended to kill Slater, asserting he was making a citizen's arrest to prevent escape.
Court Proceedings and Acquittal
In November 2019, a NSW Supreme Court jury acquitted Mr Batterham of both murder and manslaughter charges, accepting his defense that he acted reasonably in restraining the intruder. The jury was not informed about Slater's specific criminal history, including his guilty plea for raping a 16-year-old girl in 2007 after threatening her with a non-existent knife.
Justice Desmond Fagan later ruled that Mr Batterham should be paid legal costs, stating the murder charge should have been withdrawn based on medical evidence alone. The judge determined Mr Batterham acted 'lawfully and reasonably' in chasing and restraining Slater, who was high on methamphetamine at the time.
Medical Evidence and Legal Resolution
During the two-week trial, medical experts testified that Slater died due to high methamphetamine levels in his system combined with pre-existing heart conditions, including scarring from regular drug use, liver disease, and obesity. Toxicologist Dr Michael Kennedy stated: 'If he hadn't been taking methamphetamine it's highly unlikely he would have died.'
Justice Fagan noted that while Mr Batterham's blows to Slater may have exceeded necessary restraint force, medical opinions unanimously confirmed they played no role in causing death. The civil claim for wrongful prosecution was resolved last Thursday with a confidential settlement, the terms of which cannot be disclosed.
Moving Forward After Trauma
Mr Batterham's solicitor Peter O'Brien told media the agreement ends a 'long and torturous process' for his client, who was diagnosed with post-traumatic stress disorder following Slater's death. Mr O'Brien emphasized this case demonstrates why prosecution authorities should exercise discretion not to proceed with cases 'inevitably doomed' from the outset.
In a 2020 interview, Mr Batterham reflected on the traumatic experience, stating he did what 'any father would have done' when finding an intruder in his daughter's room. 'This could happen to anyone,' he said. 'It could happen to you, it could happen to me. My head was doing backflips... I was very upset. It's my castle, people should always defend their homes.'
