Matthew Milat

Parties and identities

• Matthew Milat was convicted as a teenage relative of serial killer Ivan Milat.
• Cohen Klein was sentenced alongside Matthew Milat.
• David Auchterlonie was the victim. He was 17.
• Chase Day was present with Klein and Milat and tried to stop Milat from swinging the axe.
• David Auchterlonie snr was the victim’s grandfather.
• Donna Locke was David’s mother.
• Sandra Auchterlonie was David’s grandmother.
• David Auchterlonie was also named as the victim’s father.
• Lloyd Babb was the DPP who made submissions to the court.
• Acting Justice Jane Mathews sentenced Matthew Milat and Cohen Klein.
• Detective Chief Inspector Pamela Young of the Homicide Squad made statements to police and the media.
• A family member of Ivan Milat was cited describing events and access to information after police arrived.

Timeline

• November 2010 — Matthew Milat and Cohen Klein murdered David Auchterlonie with a double bladed axe in the Belanglo State Forest.
• November 20, 2010 — Matthew Milat and Cohen Klein lured their friend David Auchterlonie into Belanglo State Forest; they were joined by Chase Day; a 15-minute mobile audio recording captured the murder while Klein recorded.
• November 20, 2010 — A sentencing hearing proceeded for Milat and Cohen Klein in the NSW Supreme Court (the hearing is described as ongoing, and sentencing is described as occurring the next morning in separate material).
• May 22, 2012 — Matthew Milat was convicted of murdering David Auchterlonie with an axe; the court heard and played recordings and heard about poems written by Milat; Milat and Klein pleaded guilty to murder “yesterday” in that context and awaited sentencing.
• June 8, 2012 — Acting Justice Jane Mathews sentenced Milat and Klein in the Supreme Court.
• June 7, 2012 — Sentencing was given as “June 7, 2012” for Matthew Milat, with a 30-year non-parole period and a maximum of 43 years.
• 2040 — Milat was described as becoming eligible for parole.
• 2032 — Klein was described as becoming eligible for parole.

The offence

Matthew Milat and Cohen Klein murdered David Auchterlonie in Belanglo State Forest using a double bladed axe. The crime was described as “deliberate and premeditated” and was characterised in sentencing as “cold blooded” and carried out in the “worst category for the case of murder”.

How the victim was lured and taken into the forest

• Matthew Milat and Klein told Auchterlonie they were going to the area to drink and smoke marijuana.
• They lured him into the forest in Belanglo State Forest on his 17th birthday (the victim’s birthday is stated as his 17th birthday in one account).
• They were joined by Chase Day.

Events in the forest at the road junction

When the group arrived at a road junction in the forest:

• Matthew Milat accused Auchterlonie of “going round telling people [his] affairs,” which Auchterlonie denied.
• Matthew Milat threatened and interrogated Auchterlonie.
• Klein recorded using his cell phone during the killing.
• Chase Day tried to intervene, but:
  • Klein was heard telling Day to “get back in the car”.
  • Day pleaded to intervene as Milat continued interrogating and striking.

Killing method and immediate aftermath

• The killing was accompanied by a 15-minute audio recording made from Klein’s mobile phone capturing the sound of the axe hitting the victim.
• Acting Justice Jane Mathews referenced that the murder and the 15 minutes leading up to it were “hauntingly captured on an audio recording from Klein’s mobile phone”.
• The victim was forced to lie face down in the dirt, where he repeatedly denied doing anything; the transcript records the sound of an axe hitting him in the head.
• Police statements also described that the teenager died from head injuries and that detectives were searching for the weapon, ruling out a firearm.

Investigation and police involvement

Discovery and location

• David Auchterlonie’s body was found in a shallow grave in Belanglo State Forest.
• Detectives located the body buried in the grave about 1km from the Hume Highway, near killing fields.
• Police were reported as searching a dam near the forest for the alleged murder weapon.
• Police found empty beer bottles and marijuana at the scene (as alleged).

Forensic procedures and charges in connection with the killing

• Police applied for forensic procedures including swabs of both hands, nail clippings, and photographs of scratches allegedly on Matthew Milat’s body.
• Another 18-year-old man was arrested at Bowral, later charged as an accessory after the fact.
• Another 18-year-old man was arrested at Bargo, also charged as an accessory after the fact.
• In one account, the man who tipped police off was described as being among those charged and was kept in protective custody; his lawyer asked for protection and suppression of his name from the media.

Statements by investigators

Chief Inspector Pamela Young said:

• “Their actions led to the violent death of a boy in his late teens,” and also stated:
• “It would appear that they, certainly, are friends. We don’t have a reason [for the alleged murder] at this stage,”

She also ruled out a link to remains of a woman found in Belanglo Forest in August:

• “We have all shaken our head about just the series of happenings down that way,” she said.
• “[The forest] has some isolation. I suppose it has some attraction to people.”

Arrest, custody, and initial court appearance

Matthew Milat’s brief appearance

• Matthew Milat sat silently during a brief appearance and did not apply for bail; bail was formally refused.
• He was remanded to appear in the same court via video link on a subsequent Thursday.

Weapon search

• Police were searching for an axe they believed was used to inflict fatal head injuries.
• Police ruled out the use of a firearm.

Trial and sentencing

Guilty plea and conviction

• Matthew Milat and Cohen Klein pleaded guilty to murder in the context provided.
• They were convicted in the Supreme Court context described on May 22, 2012, with sentencing following.

Audio recording evidence

The court played the 15-minute mobile audio recording of the killing.

• Acting Justice Jane Mathews said:
  • “It is impossible to describe the horror (of the killing) ... when he was subject to unimaginable torment by Milat,”
  • “It clearly falls in the worst category for the case of murder.”
• She also said:
  • “It is extremely distressing material,”
  • “The sound of (David) crying out in agony is chilling in the extreme.”
  • “(David) was being entirely submissive during the whole of the episode (and) desperately tried to placate Milat.”
• She characterised the recording as “chilling”, and also described the distressing evidence.

Verbatim audio transcript excerpt (mobile recording)

Milat and the victim were heard in the recording. The following excerpt was presented:

Milat: “Look at the dirt. Don’t look at me. Look at the dirt. Don’t look at me.” Auchterlonie: “(Crying).” Milat: “Look at the fckin’ dirt Auchto. I am going to fckin’ kill you if you keep fckin’ movin’. Look at the ground and answer my questions.” Auchterlonie: “(Crying).” Milat: “You keep looking at me I’ll cut your head off. Look at the ground c**. Tell me. Is it true you have been going around telling people my affairs?” Auchterlonie: “Not it is not true, Matt.” Milat: “Don’t look at me, alright.” Auchterlonie: “I am not man.” Milat: “Look at the dirt.” Auchterlonie: “I am. It is not true.” Milat: “Put your arms up around your head.” Auchterlonie: “It is not true, Matt.” Milat: “Shut up c***. Put your hands down next to your face. Pull them up to your face … You going to keep meddling with me?” Auchterlonie: “No I won’t. I swear to God, man.” Milat: “How am I going to know that?” Auchterlonie: “You have my word.” Milat: “How good is your word to me but?” Auchterlonie: “Mate we have been mates for ages. My word is good.” Milat: “Yeah we have been mates for ages and how many times have I’ve been told that you are dogging me behind my fckin’ back c**. Right?” Auchterlonie: “Yes.” Milat: “Look at the ground. Do you understand what I’m saying to you?” Auchterlonie: “Yes man. I understand dude.” Milat: “Do you really but?” Auchterlonie: “Yes man.” Milat: “Do you really but?” Auchterlonie: “Yes dude.” Milat: “Seriously?” Auchterlonie: “Yes. Milat: Seriously?” Milat: “Seriously.” Auchterlonie: “Yes dude.” Milat: “Yeah, I don’t believe you c***.” Auchterlonie: “I am serious man. I swear to God to you dude. I never said nothing about you.” Milat: “I really do not fckin’ believe you right now. Alright?” Auchterlonie: “Man I give my word. I would not…” Milat: “Yeah you give me your word and your word isn’t fckin’ good enough Auchto. I’ve had your word before and it ain’t worth a pinch of cold fckin’ sht.” Sound of axe hitting Auchterlonie. End recording.

Verbatim statements about the murder from the court

Acting Justice Jane Mathews also referenced Milat’s statements:

• “tell people my f****** business and you wind up hurt”.

The following statements were reported from Matthew Milat in another account:

• “See this now, this is nothing, you wanna see what I'm f---ing capable of?”
• “I'm being dead-set, Auchto, you wanna f---ing die man? You wanna fucking get in my business?”
• The victim’s reply was included as:
  • “I give you my word, I don't … ”

Poems and other submissions

The prosecution presented poems written by Milat.

• One poem was titled “Killer Looks and on Evil Side”, which included the verse:
  • “shelter you will need to seek, so terrifed you can hardly speak”
  • “I am not fazed by blood or screams, nothing I do will haunt my dreams”
• Acting Justice Jane Mathews described the poetry as “very chilling”, and said it appeared to “recount the murder”.
• Another poem was titled “Cold Life”, with lines including:
  • “lifeless corpse, motionless and drained/Another street has been blood stained/heart and soul I do not own/and there is no place I can call home”
• In the sentencing context, Acting Justice Jane Mathews read out a “particularly chilling” poem Matthew Milat wrote more than nine months after the murder, titled “your last day”. The poem text included:

  “Click-clack hear that, stopping in the, middle of the track,
  Are you Getting Nervous in the back, Should be C--- your getting wAcked, talk s--- here, talk s--- there,
  No-one'z really gunna care, but talk s--- with every breath, You just signed away your health, I can see you start to sweat,
  Wanderin what your gunna get, hopin 4-1 in the head, C--- ILL Put it in Your Leg, tell me, ARE YA HAVIN FUN, get up C---,
  And start to run, how fAr are ya gunna get, Your Match C--- you have just Met, stumblin all OVA the place,
  Hear the crunch of leaves and feet, feel your heart, skip a beat, Are ya gunna get away, No hope kid this is your day,
  The day that you wont be found, Six feet under Neath the ground.”

During submissions:

• The DPP Lloyd Babb told the court the murder was based on “torment and torture” with a motive described only as “a thrill to kill”.
• He told the court that the guilty plea was based on a “recognition of the inevitable” because police seized the audio recording.

Sentencing remarks and outcomes

Acting Justice Jane Mathews sentenced Matthew Milat to:

• a maximum of 43 years with a 30-year non-parole period,
• and noted he did not receive discount for the guilty plea.
• She also said Milat was still a “serious potential danger” to the community.
• She did not give any discount for the guilty plea, and noted Milat lacked “expressions of genuine remorse ... or regret' for the crime”.
• She said Milat did not appear to have “expressions of genuine remorse ... or regret' for the crime.”
• She said the location was “significant” as it was where his great uncle “lured a number of people and murdered them”.
• She said Milat “gloated” about the killing the next day, and included a quote:
  • “you know me, you know my family. You know the last name Milat, I did what they do”.

Acting Justice Jane Mathews sentenced Cohen Klein to:

• a total of 32 years, with an eligibility for parole described as 2032,
• and she stated Klein was “strongly influenced” by Milat, and said Klein would spend 22 years behind bars.

Eligibility for parole and time in custody

Taking into account time spent in custody:

• Milat was described as eligible for parole in 2040.
• Klein was described as eligible for parole in 2032.

Victim impact and family statements

Court impact during the recording

The audio recording was described as shocking many sitting in court.

• David Auchterlonie’s family members were distressed when they heard the recording without being warned of its traumatic nature.

David Auchterlonie snr said in a victim impact statement read to the court:

• “They didn't just kill him, they terrorised and tormented him,” and added:
• “The love I have for him, and the hatred I have for those animals who took him - they deserve no mercy.”

Statements by other family members

Donna Locke, David’s mother, and Sandra Auchterlonie, David’s grandmother, spoke of grief and pain, and David’s father also spoke.

David’s father recalled:

• “That memory came into my mind again as he was laid out on a table. I wanted to kiss him, but I wasn't allowed because his body had become an exhibit.”

Background details relating to Ivan Milat

Ivan Milat was referenced as:

• being sentenced to seven consecutive life sentences plus 18 years for murder of five European and two Australian backpackers.
• slaughtering seven backpackers in the 1990s in Belanglo State Forest.
• having a prior history of abduction and rape (as described in the provided material). Matthew Milat was described as Ivan Milat’s great nephew and the teenage relative of serial killer Ivan Milat.

Other details

Ages and relationships in the accounts

• Matthew Milat was described as 17 at the time of the murder and in the conviction context.
• Cohen Klein was described as 18 at the time of the murder and also stated as 19 in one account; sentencing material describes Klein as 17 and 18 at the time.
• David Auchterlonie was 17 and later described as 17-year-old and also as celebrating his 18th birthday when he was killed in a separate account.
• Chase Day was a teenager and was with Klein and Milat at the road junction.

Confession and intent characterization

A confession was referenced in one account:

• Milat said he was “doing what my family does” when he and Cohen Klein lured their friend David Auchterlonie into the forest on November 20, 2010.

Additional contextual description of the forest

• Belanglo State Forest was described as the site of the “Backpacker Murders” and later as having the bodies of seven young backpackers discovered in the 1990s.
• The Young account stated the forest had some isolation and attraction to people who want to do badness.