Keith Faure

Case record: Keith George Faure

Background

Keith George Faure was born in June 1951. He was an Australian career criminal and was from Norlane, Victoria, Australia. He was a person involved in the Melbourne gangland killings.

Faure’s grandfather, Norman Leslie Bruhn, was reported to have been a Sydney-based gangster who operated in Sydney during the 1920s. Norman Leslie Bruhn was shot and killed in 1927 during a hit ordered by Snowy Cutmore. Snowy Cutmore died with Squizzy Taylor in a Melbourne shoot-out four months later.

Faure’s father lived to the age of 78, and Faure’s mother lived to the age of 58. Faure stated that his parents were now dead.

Faure’s brother, Leslie Faure, was serving a 14 year prison sentence for the murder of his girlfriend in 1997. The girlfriend was killed during a russian roulette game being played by the couple.

Faure’s youngest brother, Noel Faure, was convicted of manslaughter for the 1990 killing of Frank Truscott of Rye, Victoria.

Faure and Chopper Read continued a lengthy prison war whilst imprisoned in Melbourne’s Pentridge Prison during the 1970’s and 1980’s, and Faure features prominently in Read’s first few books. Faure was also the basis for the character of Keithy George in the film Chopper, who is stabbed to death in the film’s opening scenes. Faure was reported to be unhappy with his portrayal in the film. Faure, portrayed by actor David Field, was reported to be unhappy with his portrayal and used his anger at his depiction in the film as a defense in a minor traffic offence. In the drama series Underbelly, Faure is played by Kym Gyngell.

Faure had been sent to trial for murder on five occasions and received two murder convictions.

The offence

Murder of Lewis Caine (also known as Sean Vincent)

The body of Melbourne underworld figure Lewis Caine (also known as Sean Vincent) was found dumped in a residential street in Brunswick on 8 May 2004. Faure and Evangelos Goussis were convicted for the murder of Lewis Caine on 3 November 2005.

Murder of Lewis Moran

Lewis Moran and associate Herbert Wrout were shot while drinking at the Brunswick Club in Sydney Road, Brunswick. Faure was reportedly paid AUD$150,000 by Tony Mokbel for the murder of Moran, of which $140,000 was collected. Faure pleaded guilty to the murder of Moran.

Investigation

At sentencing, the court discussed the circumstances surrounding both murders.

For the murder of Lewis Moran, the court found that Faure had driven with two companions to a location close to the Brunswick Club. The court found that Faure took with him three firearms and two balaclavas after agreeing to kill Lewis Moran. The court stated that Lewis Moran and Herbert Wrout were shot dead at the Brunswick Club, and that Wrout received serious but not fatal injuries. The court stated that two different gunmen shot Moran and Wrout.

For the murder of Lewis Caine, the court discussed a drinking session arranged at a Carlton hotel, and the context involving gangland killings. The court stated that the body of Lewis Caine was promptly dumped in a dead-end street in Brunswick after Caine was shot. The court also described that the 4WD was driven to Geelong and hidden, as was the gun that fired the fatal shot, and that Faure and Goussis changed their clothes and chose to visit night-clubs afterward.

The court described that, when police arrested Faure, he told a set of lies that Faure and Goussis had concocted together, and after realizing that the lies were obvious, they concocted a second set of lies. The court described the first set of lies and the second set of lies, including claims about being asleep at Geelong and that Goussis was at his mother’s home at Fairfield, and later claims about being in a separate vehicle and needing to vomit.

The court described that the prosecution case had included evidence that Faure and Goussis were acting in concert when the fatal shot was fired, and it stated that Goussis admitted to police that he fired the fatal shot.

The court also described conduct after the murder, including making calls to Lewis Caine’s mobile phone and leaving messages as if they did not know Lewis Caine was dead.

Arrest

Heavily armed police arrested Keith George Faure and two companions May 19, 2004, at the Bay City Plaza in Geelong.

Trial

Murder of Lewis Caine

Faure was convicted of shooting and killing Lewis Caine (also known as Sean Vincent). At sentencing, the court stated that Faure had been found guilty by a jury of the murder on 8 May 2004 of Sean Vincent also known as Lewis Caine, and that he was found guilty in November 2005. The court referenced that last month, Faure had pleaded guilty to the murder on 31 March 2004 of Lewis Moran.

The court stated that there was no plea in mitigation made by or on behalf of Faure as to the murder of Lewis Caine.

The sentencing remarks also included references to evidence at trial, including toxicological results relative to Lewis Caine and what the court inferred about where the fatal shot occurred.

The court described that the jury evidence included debate about whether the drinking session at the hotel was friendly or contrived. The court described that Faure and Goussis drove from Geelong to the hotel to meet Lewis Caine and that Lewis Caine had a habit of standing to drink where he could watch those entering the club.

The court stated that it could not make precise findings as to what occurred between the time the three left the hotel and the time Caine was shot. It referenced the nature of the gunshot wound and blood stains pointing to Caine having been shot while sitting in the back seat of the 4WD.

The court stated that the body of Lewis Caine was promptly dumped in a dead-end street after he had been shot, and it discussed that dumping could be seen as an indication of no or little premeditation or as a way of conveying a message.

Murder of Lewis Moran

Faure was convicted after a guilty plea to the murder of Lewis Moran. The sentencing remarks included that Faure pleaded guilty to the murder on 31 March 2004 of Lewis Moran.

The court described that, before 31 March, Faure had checked out the Brunswick Club and knew that Lewis Moran had the habit of standing to drink in a position where he could watch those entering the club. On the night of 31 March, after Faure dropped his two companions, the court stated that Faure stayed with the car. After one companion shot and killed Lewis Moran and the other shot Herbert Wrout but not fatally, they joined Faure and drove away. The court stated that some days later, Faure received $140,000, and that the shortfall of $10,000 was a matter that Faure proposed to resolve later.

The court also discussed that publicly identifying Faure’s two companions and one of the two men who agreed to pay the $150,000 was a matter of concern, and it discussed ongoing suppression orders and suppression of what was said about a person still awaiting trial.

Sentencing

On May 3, 2006, Faure was sentenced to life imprisonment with a non-parole period of 19 years for the murders of Lewis Caine and Lewis Moran.

The court also stated:

• For the murder of Lewis Caine, Faure was sentenced to 24 years in prison.
• For the murder of Lewis Moran, Faure was sentenced to life imprisonment.
• The court fixed a non-parole period of 19 years.
• The period of pre-sentence detention was 715 days.

The sentencing remarks also included discussion of principles such as the plea of guilty and co-operation, totality, parity, general deterrence, special deterrence, rehabilitation, and provision of an opportunity to spend senior years outside prison.

The court characterized the murder of Lewis Moran as "a callous, planned, premeditated execution for money."

The court stated that no plea in mitigation was made regarding the murder of Lewis Caine, and it referenced the court’s approach to the murder of Lewis Caine as not premeditated on the basis of the evidence.

The court also stated that victim impact statements were read or not read depending on whether requests were made.

Verbatim sentencing remarks (excerpts)

HIS HONOUR:
1 Keith Faure, you have been found guilty by a jury of the murder on 8 May 2004 of Sean Vincent also known as Lewis Caine. I will refer to the deceased after this as Lewis Caine, by which name he was better known.
2 You were found guilty of that murder in November 2005. Last month, you pleaded guilty to the murder on 31 March 2004 of Lewis Moran.
3 Before I turn to the circumstances of the two murders, I must make some preliminary points. The first is to note that no plea in mitigation was made by or on behalf of you as to the murder of Lewis Caine. I have had regard in sentencing you as to that murder only to those matters which arose in your presence at the trial.

I nonetheless say that it was a callous, planned, premeditated execution for money. To some people, life is not sacred, as it should be. To some people, life is cheap.

4 On 31 March 2004, around 6.30 p.m., Lewis Moran was enjoying a drink with his friend, Herbert Wrout at the Brunswick Club in Sydney Road, Brunswick. It was a favourite drinking spot of his, as too many people knew. He was shot dead there. Herbert Wrout was also shot there. Wrout received serious, but not fatal, injuries. Two different gunmen shot Moran and Wrout. You had driven with the two of them to a location close to the Brunswick Club. You took with you three firearms and two balaclavas. You did so after having agreed to kill Lewis Moran. For his death, you and your two companions were to receive $150,000 between you.

6 On 8 May 2004, shortly after 11 p.m., the body of Lewis Caine was found on the roadway in a dead-end street in Brunswick. He had been shot once in the face, just under the right eye.

10 When the police arrested you, you told them a set of lies that you and Goussis had concocted together.

11 After the murder, not only did you and Goussis lie as to many matters of significance related to the murder, you engaged in other conduct which inferentially spoke clearly of your guilt of that murder.

12 The prosecution case was not, despite certain indications the other way, that this was a premeditated execution.

20 As I have noted earlier, the murder of Lewis Moran was a callous, planned, premeditated execution. Even after taking all relevant sentencing discounting factors into account, only a sentence of life imprisonment is appropriate, given the nature of the crime and of your antecedents.

Appeals

No appeal information was provided.

Other details

Co-operation and statements to the court

The court referred to Faure’s co-operation with authorities and the plea of guilty as factors of significance.

The court stated that Faure had prepared and lodged with the court an extensive statement as to his role in the murder of Lewis Moran. The court stated that Faure had undertaken to give evidence when called upon to do so, to attest to the truthfulness of the matters set out in that statement, and the court directed that the appropriate record be made in court records.

The court stated that Faure had said he understood that if he failed to honour that undertaking, he could be re-sentenced. The court also stated that Faure had promised to assist the police in their investigation of another matter.

Health problems and prison conditions

The court stated that Faure suffered from a number of health problems, including some arising from incidents at work and on the road. The court stated that since Faure’s arrest for the murder of Lewis Caine, Faure had endured particularly onerous prison conditions.

Prior convictions and imprisonment terms

The court listed convictions and imprisonment terms for Faure, including:

• February 1974: 2½ years for robbery in company
• April 1974: 4 years for armed robbery in company
• February 1977: 8 years for manslaughter
• July 1977: 9 years for manslaughter
• November 1977: (sentence length not specified in the text)
• November 1977: 10 years for robbery in company
• April 1989: 13½ years for armed robbery

The case summary also stated that Faure’s criminal history included further convictions for armed robbery, breaking and entering and manslaughter.

The sentencing remarks also referenced that Faure had many convictions for many offences, including for crimes of violence.

1976 Clifton Hill ANZ Bank robbery and shooting of Senior Constable Michael Pratt

On 4 June 1976, Faure and two accomplices set out to rob the Clifton Hill branch of the ANZ Bank. Faure was convicted of shooting Senior Constable Michael Pratt in the back during the robbery.

The sentencing remarks stated that Pratt was later awarded the George Cross award for bravery and that he retired from the police force due to injuries sustained in the shooting.

Faure was sentenced to 4 years imprisonment for his role in the robbery and shooting of Pratt.

Manslaughter of Shane Dennis Rowland

Faure was found guilty of the manslaughter of Shane Dennis Rowland. Shane Dennis Rowland was shot dead on 1 May 1976 at a house in Richmond.

Manslaughter of prisoner Alan Sopulak

Faure was found guilty of the manslaughter of prisoner Alan Sopulak in Pentridge prison. Alan Sopulak died after he was stabbed nine times in the back with a sharpened butter knife.

Committal hearing incident

On 5 December 2005, during the committal hearing for the murder of Lewis Moran, Faure fainted in the dock and was attended to by paramedics after suffering a suspected stroke.

Trial and guilty plea in 2006

At sentencing, the court stated that Faure pleaded guilty to the murder on 31 March 2004 of Lewis Moran.

The court stated that on 3 May 2006, Faure was sentenced to 24 years in prison for the murder of Lewis Caine and life imprisonment with a non-parole period of 19 years for the murder of Lewis Moran.

The court also stated that Faure gave evidence against Goussis on both murders in a deal with the prosecution in return for a reduced sentence.

Dispositions and witness impact statements

The court stated that it had read and listened to the reading of three victim impact statements prepared by each of the mother, grandmother and sister of Lewis Caine. The court summarized that each described the bonds that tied Lewis Caine to them, and the pain, heartbreak and sense of emptiness following his death.

The court also described victim impact statements regarding Lewis Moran, including:

• One statement from Judith Moran, the wife of Lewis Moran, writing of devastating emotional consequences amid other gangland killings, including of two sons.
• A statement from Ms Sugars, one of the managers at the Brunswick Club, stating she was close by when the fatal shots were fired and describing nightmares and other problems.
• A statement from Ms Connaughton, describing enduring adverse consequences for the Club and its members. The court stated it was informed that arrangements had been made and no reading from the statements had been requested.

Timeline

• May 19, 2004 — Heavily armed police arrested Keith George Faure and two companions at the Bay City Plaza in Geelong.
• May 8, 2004 — Lewis Caine’s body was found dumped in Brunswick.
• 31 March 2004 — Lewis Moran was shot dead at the Brunswick Club in Sydney Road, Brunswick.
• 3 November 2005 — Faure and Evangelos Goussis were convicted for the murder of Lewis Caine.
• 5 December 2005 — Faure fainted in the dock during the committal hearing for the murder of Lewis Moran and paramedics attended him for a suspected stroke.
• May 3, 2006 — Faure was sentenced to life imprisonment with a non-parole period of 19 years for the murders of Lewis Caine and Lewis Moran.
• 715 days — Period of pre-sentence detention was directed to be entered in the court records (as stated at sentencing).