Dante Arthurs

Background

Dante Wyndham Arthurs was born 8 August 1984 and was from Perth, Western Australia. He was 21 years old when he was charged on June 27, 2006, with the wilful murder, sexual penetration and unlawful detention of 8-year-old school girl Sofia Rodriguez Urrutia-Shu.

Arthurs was employed as a fruit and vegetable packer at the Livingston Shopping Centre. He was diagnosed with Asperger Syndrome at a young age.

Arthurs lived with his parents in a home only a few hundred metres from the shopping centre. After he pleaded guilty, it was publicly confirmed that he was under investigation by British police for sexually assaulting another girl in 2001. Arthurs was never charged with this incident because he left Britain for Australia before an identity parade could take place.

Media coverage surrounding Sofia’s murder prompted debate about the re-introduction of the death penalty in Western Australia, and the law had since been repealed in that state in 1984 after the last hanging of Eric Edgar Cooke in 1964. Western Australia Police were required to quash strong rumours that Arthurs was one of the child murderers convicted for the Murder of James Bulger in the United Kingdom in 1993. It was alleged that Arthurs was in fact Robert Thompson, who was convicted at age 10 of Bulger’s murder and later given a new identity and transported to Australia. Information was revealed publicly by Western Australia and Australian Federal Police that Arthurs was not Thompson, and the rumour gathered no more momentum. On 29 June 2006, the British High Commission in Canberra issued a media release stating "There is no connection between the man arrested in Western Australia and the individuals involved in the James Bulger case."

The offence

At 4:00pm on June 26, 2006, Sofia Rodriguez Urrutia-Shu was at the Livingston Shopping Centre in Canning Vale, Western Australia with her uncle, sister and brother. While her family waited in the main area of the shopping centre, Sofia went down a central corridor to go to the toilet.

Unknown to Sofia, or her family, Arthurs observed Sofia walking down the corridor and followed her. After Sofia exited the female toilets, Arthurs grabbed her from behind and dragged her into the near by disabled toilet cubicle and locked the door.

Sofia’s 14-year-old brother became concerned, and he was sent to look for her. He called for her at the door of the female toilet but, not getting a response, walked back along the corridor. He heard movement coming from the disabled cubicle and knocked on the locked door calling Sofia’s name. There was no response. Sofia’s brother, uncle and younger sister began a search of the centre.

A few minutes later, Sofia’s brother returned to the disabled toilet cubicle and opened the now unlocked door. Only 10 minutes after Sofia left her family, he found Sofia’s naked and lifeless body lying on the cubicle floor. Sofia was dead.

Prosecutors alleged that the assault only lasted a few minutes, but it was described as "the worst of its type" and was accompanied by severe injuries. In attempts to restrain Sofia after she was dragged into the toilet cubicle, her limbs were contorted so severely that both her legs were broken and her left arm was dislocated as Arthurs removed her clothing. Sofia’s throat was also severely compressed and her larynx was crushed as Arthurs attempted to muffle her cries. The cause of death was given to be a direct result of strangulation.

In his interview with police, Arthurs admitted to digitally penetrating Sofia, though it could not be determined whether this occurred prior to or after Sofia’s death. During the attack, estimated to have lasted between only 3 to 5 minutes, Sofia’s brother knocked on the door after hearing movement.

Although Arthurs made admissions to hearing the knock on the door and a name being called, neither he nor Police could identify whether Sofia was still alive at that time. Sofia was left naked and dead or dying on the floor as Arthurs made his escape.

Evidence described in court included that Arthurs strangled Sofia, stripped her, digitally penetrated her, and fled with her body propped against the cubicle wall.

Investigation

A search of the shopping centre failed to locate an offender, and the entire centre was closed and declared a crime scene.

Initial investigations identified possible suspects, including Arthurs. He was employed at the shopping centre, and local detectives knew him because of a sexual assault on an 8-year-old girl in the same area 3 years earlier.

Police remained at the crime scene well into the early morning. At 5:00am on the day after Sofia’s body was discovered, police attended the home of Arthurs, who lived with his parents only a few hundred metres from the shopping centre.

After a search of his home, Arthurs was arrested and later charged with wilful murder, 2 counts of sexual penetration of a child and deprviation of liberty.

Forensic psychologist Greg Dear told the court that Arthurs had Asperger’s Syndrome, described as a form of autism that meant he had little insight into his own thoughts or feelings. The material did not state that this explained his actions on the day Sofia died.

Court evidence included that fractures in Sofia’s legs were caused by severe torsion or twisting and were described as not consistent with Arthurs’ claim that the injuries were caused when he threw her against the toilet.

Arrest and charges

After police searched Arthurs’ home the next day, Arthurs was arrested. He was later charged with:

• Wilful Murder
• 2 counts of Sexual Penetration of a Child
• Depr eviation of Liberty

Trial

On March 7, 2007, after extensive psychological testing and discussions between prosecutors and Arthurs’ defence counsel, Arthurs was required to enter a plea to wilful murder, 2 counts of sexual penetration of a child and unlawful detention. He pleaded not guilty to all four charges and was remanded in custody.

On August 2007, Arthurs and prosecutors entered into an agreement under which Arthurs would plead guilty to the lesser charge of murder instead of the then current charge of wilful murder.

On 31 August 2007, Justice Peter Blaxell ruled that the bulk of admissions made by Arthurs in a video recorded interview with police on the morning after the offence would be inadmissible at trial on the ground of "persistent importunity, or sustained or undue insistence or pressure".

On 31 July 2007, Chief Justice Wayne Martin ruled that Arthurs receive a bench trial. Wayne Martin said that the "extensive, continuous and in some respects extraordinary" pre-trial media coverage, the circumstances of the offence, and the fact that a judge would provide reasons supported a trial by judge alone. It was agreed that Arthurs would be heard by a judge alone and not a jury.

On November 17, 2007, Arthurs pleaded guilty in the Supreme Court to charges of Murder and Unlawful Detention.

The two counts of Sexual Penetration of a Child under the age of 10 were withdrawn because forensic analysis could not conclude if Sofia had been sexually assaulted before or after she died.

Court statements and quotations

Justice John McKechnie described Arthurs’ crimes as 'so evil they shock the public conscience,' advised Arthurs of the possibility that he may never be released as the release of offenders sentenced to life imprisonment must be signed off by the Western Australian Attorney-General.

Justice McKechnie told Arthurs:

"The circumstances of the commission of this offence are so grave ... and your future dangers so real I will set a substantial minimum period"

Prosecutor Sam Vandongen said:

"Medical reports suggested Sofia's arms were broken before her death."
"Fractures in her legs were caused by severe torsion or twisting – not consistent with Arthurs' claim the injuries were caused when he threw her against the toilet."
"Her body was sexually penetrated ... there were significant other injuries ... which place this particular offence in the worst of its type"

Arthurs’ lawyer Bob Richardson said:

"his client had attacked another eight-year-old girl in Perth in 2003, but police bungling led to the dropping of charges that may have convicted Arthurs – possibly preventing the slaying of Sofia."
"If he had have been convicted at that time, these issues, I'm not saying they would have been, but could have been addressed," Mr Richardson said.

Arthurs told his lawyer and medical experts:

"I tried to shake a response from her, then her arms broke,"
"I heard a large snapping noise."
"He watched himself go across to her to remove her clothing and insert one finger into the vagina. "
"He noticed there was blood"

Sentencing

On November 7, 2007, Arthurs was sentenced to life in prison with a non-parole period of 13 years.

He was also sentenced to two years for depriving Sofia of her liberty.

The material stated that Justice John McKechnie also advised Arthurs of the possibility that he may never be released because the release of offenders sentenced to life imprisonment must be signed off by the Western Australian Attorney-General. It further stated that Western Australian Attorney-General Christian Porter revoked Arthurs’ non-parole period, making him one of three Western Australians to have their papers marked "never to be released".

Contested elements discussed at the time

Prosecutors alleged that the assault only lasted a few minutes. The material also described uncertainty about whether Sofia’s sexual penetration occurred before or after her death, stating that forensic analysis could not conclude if she had been sexually assaulted before or after she died.

Appeals

No appeal outcome was stated.

Outcome

Arthurs remained in detention at the maximum security Casuarina Prison in Western Australia. The material stated he would not be eligible for release until 2019. It also stated that Christian Porter later revoked Arthurs’ non-parole period and that he had his papers marked "never to be released".

Aftermath

Sofia’s family did not attend the proceedings and were represented by two members of their Mater Christi Catholic Primary School Parish. Father Bryan Rosling represented the family and took up the family’s struggle to deal with media attention, while Paul Litherland, a Western Australian Police officer and a parent of one of Sofia’s schoolmates, represented the family and set up fund raising events.

Sofia’s memorial, the Chapel of the Innocents, was constructed in 2008 and remained the resting place of Sofia’s ashes. Over a quarter of a million dollars was raised locally at the Mater Christi Catholic Primary School in Yangebup for a memorial to Sofia and all Western Australian children who had had their lives stolen by criminals.

After Sofia was murdered, police were restricted in their ability to charge Arthurs with wilful murder because it could not be proved it was his intention to murder Sofia. The material stated that wilful murder carried a term of life imprisonment with a non parole period of 15 years (minimum) to 19 years (maximum) at the time, while the alternative murder charge excluded intent and carried a penalty of life imprisonment with non-parole periods of 7 years (minimum) to 14 years (maximum). It stated that the possibility of spending only 7 years led to public outcry and demands to change the laws for murder in Western Australia.

The material stated that, through the then Attorney General Jim McGinty, Sofia’s family and supporters petitioned the Government to have the laws changed, resulting in charges of wilful murder and murder being repealed and a single charge of murder being created to include more severe penalty options. It stated that the new legislation allowed imposition of a "Never to be Released" clause and altered minimum sentencing before release on parole could be considered, specifying that for murder with intent the minimum sentence was 20 years and for murder without a proved intent (manslaughter) it was 15 years.

Sofia’s family worked to have the Western Australian Government introduce a Public Sex Offender Register. The material described intentions for names and suburbs (not addresses) of convicted sex offenders to be made available to the public. It said that in November 2011 the government passed legislation in the lower house for a register and that serious and repeat offenders’ names and suburbs would be published on a public website. It also stated that parents would be able to check if people with regular contact with their children were on the sex offenders register by providing persons details to police.

Outside the court, Father Bryan Rosling read a statement from Sofia’s parents Gabriel and Josephine, who stayed away from court with their remaining three children to avoid hearing legal quibbles and details of Arthurs’ previous offences. Gabriel and Josephine said:

"We cannot bring Sofia back but we believe it is possible to save other Sofias in the future," they said.
"Why wait for another child to be the victim of a homicidal paedophile before making available a public register for sex offenders?"