286:, crashed through a fence and came to rest in a 7.4 meter deep disused former quarry turned farm dam where it filled with water and submerged. His three sons were unable to free themselves and drowned. Farquharson managed to escape and alerted another driver who took him to nearby Winchelsea. Police divers recovered the boys' bodies about 2 am the next day. They were still inside the vehicle and were not restrained by
378:, and that Farquharson was unlikely to have had such an attack while driving given the warmth of his vehicle. He later conceded, however, that he had never seen cough syncope, would not know how to take a history to determine it and was skeptical even of its existence, a consideration not backed up by others in the same sphere of medicine.
219:
426:
On 17 December 2009, Farquharson's conviction was unanimously overturned by the three appeal judges. They were critical of the trial judge, the prosecution and the evidence of key prosecution witness Greg King. On 21 December, he was granted bail and released into the care of one of his sisters with
394:
Former police superintendent David Axup, who had been in the police force for over 20 years, contradicted the prosecution's arguments about the path and steering of the car as it left the road, believing it had probably travelled on a 53-degree arc. He said this could be explained by the right camber
373:
Matthew
Naughton, an associate professor and specialist in sleep and respiratory medicine, told the jury that it was highly unlikely Farquharson had had a coughing fit in the moments before the accident. He further testified that coughing to the point of blacking out is an extremely rare condition,
293:
After a three-month investigation, police prepared murder charges against
Farquharson and went to his Winchelsea home on 14 December 2005. He was not there at the time but presented himself at the Geelong police station in the presence of his lawyer. He was arrested and charged with three counts of
357:
Police video re-enactments of the crime scene played before the court showed the car veering left, instead of right, towards the dam at the exact position on the highway the accident happened. Farquharson's car was found to pull slightly to the right, though not to the degree that would counteract
197:
and appealed his sentence. On 17 December 2009, he won the right to a retrial, due in part to the key witness for the prosecution, Greg King, facing potential criminal charges himself at the time of the original trial. He was released on bail on 21 December, but was again convicted of murder on 22
361:
King, a bus driver, testified that he recalled a conversation with
Farquharson two months before the incident outside a fish and chip shop. He said his friend spoke of seeking revenge on his former wife and of wanting to "take away the things that mean the most to her", meaning the children. King
226:
Farquharson met Cindy
Gambino, in February 1990 and the two began a relationship. Gambino had previously been in a relationship with a man who was killed in a car accident. In October 1994, their first son Jai was born. In 1996, Farquharson took a redundancy package from his employer and bought a
414:
After three days of deliberations, the jury found
Farquharson guilty on 5 October 2007. Gambino broke down in court when the verdict was announced; her mother collapsed and was taken to hospital by ambulance. Justice Cummins allowed a recess of 15 minutes for the court to compose itself before
369:
number, preferring instead to travel to
Winchelsea to tell his wife of his children's fate. The court transcript reveals Atkinson had to borrow a mobile phone to call police from the Winchelsea police station, which was closed for the night. This backs up the evidence given originally at the
437:. The jury retired to consider their verdict on 19 July after hearing 11 weeks of evidence and argument. On 22 July, after three days of deliberation, the second jury again found Farquharson guilty of murder. On 15 October 2010, he was sentenced to life imprisonment with a 33-year minimum.
398:
Farquharson's thoracic medicine specialist, Chris
Steinfort, also concluded it was "highly likely" that his patient had cough syncope on the night. Steinfort has seen cases of cough syncope and believed the symptoms experienced by Farquharson were a "classic" example.
333:
Gambino told the court that she did not believe
Farquharson intended to kill their children deliberately, saying "I believe with all my heart that this was just an accident and that he would not have hurt a hair on their heads. I don't believe this is murder."
543:
No firm conclusions regarding the events of 4 September 2005 were reached by either of the 2024 reviews; rather, questions were raised as to whether or not
Farquharson had received a fair trial, or if in fact the conviction should again be revisited.
342:
Sergeant Glen
Urquhart gave evidence that the steering wheel of Farquharson's vehicle would require a 220-degree turn to veer as it did on the highway to leave the road. There was no evidence of braking before the car entered the dam. The vehicle's
314:
Police alleged that Farquharson was in control of the vehicle in the moments before it crashed into the dam and that he earlier told a friend, Greg King, that he had intended to kill his children to get back at his wife. He was later granted
386:
Farquharson relied upon the defence of losing consciousness due to a coughing fit and told police that he woke up in the dam. He said that the car had begun to submerge when his son Jai tried to free himself by opening the passenger door.
390:
Cam Everett, the owner of the property where the dam was located, told the court that a total of seven vehicles had crashed through his farm fence in eight years. No vehicles other than Farquharson's had ended up in the dam in that time.
524:
Some of the new evidence presented by 60 Minutes, in particular the computer modelling of the crash, was done after the road involved had been considerably altered by upgrades made to it in the intervening period.
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506:
In 2024, two new programmes were released seriously challenging the evidence presented for conviction, suggesting that the second conviction was also based upon a thorough mistreatment of the evidence.
230:
In July 1998, their second son, Tyler, was born and in 2000, Farquharson married Gambino. They then had another son, Bailey, in December 2002 before the pair separated amicably in 2004. Farquharson had
463:, was reported to have offered Gambino $ 1 million to appear on the programme and tell her story. Cindy Gambino-Moules, as she was known after her remarriage, passed away at age 50 in May 2022.
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recalled Farquharson complaining how his wife had taken the newer of the two cars. But King's wife could not recall her husband relaying this conversation to her that day.
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411:) to be laid at the grave of his children. Attached was a card reading "Dear Jai, Thinking of you on your birthday. Love you, Dad." Jai would have turned 13 that day.
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On 16 November 2007, Farquharson was sentenced to three terms of life imprisonment without parole. He then announced that he intended to appeal his convictions.
1707:
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The body of the oldest child, Jai, was found protruding halfway out of the vehicle's front door. The other boys were discovered in the back seat.
266:
About 7 pm on 4 September 2005, as Farquharson was returning his children to their mother after a Father's Day access visit, his white 1989
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1058:
186:(born 1969) is an Australian man convicted of murdering his three sons on 4 September 2005, by deliberately driving his car into a farm
395:
of the road towards the dam as well as the fact that the car had poor wheel alignment, meaning it would move uncontrolled to the right.
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Farquharson was convicted in an earlier trial and was sentenced to life imprisonment with no minimum term. However, he maintained his
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641:
969:
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Another witness, Shane Atkinson, who discovered Farquharson on the side of the road, said Farquharson twice refused to call the
1634:"Landmark investigation by the Age, Herald and 60 MINUTES into evidence that locked up a man for murdering his three children"
1592:"Landmark investigation by the Age, Herald and 60 MINUTES into evidence that locked up a man for murdering his three children"
1564:"Landmark investigation by the Age, Herald and 60 MINUTES into evidence that locked up a man for murdering his three children"
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491:(2020) by Chris Brook, who had access to all the case materials and takes a scientific perspective of the evidence
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31:
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Three books have also been written on the case, which contrast sharply in their perspectives and conclusions.
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473:(2013) by Megan Norris, who spent time with Cindy Gambino, presents the prosecution version of the evidence;
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451:, saying that she did not believe Farquharson had killed their children, but later changed her mind.
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210:(2014) as a response to the crime and the ensuing trials, in which Farquharson is heavily depicted.
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517:, spoke to numerous experts, most prominently Anna-Maria Arabia, chief executive of the
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test, the results of which are inadmissible in court. He later appeared in the Geelong
1620:"Serious questions raised about case of convicted triple murderer Robert Farquharson"
1578:"Serious questions raised about case of convicted triple murderer Robert Farquharson"
1550:"Serious questions raised about case of convicted triple murderer Robert Farquharson"
1474:
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1245:
485:, who sat through both trials, provides a "thirteenth juror" version of the evidence;
452:
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109:
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later in the same year, with the two podcasts presenting contrasting perspectives.
227:
lawn-mowing franchise servicing his local area, a venture which lost him A$ 40,000.
218:
1536:"Mourners in purple remember 'beautiful soul' who suffered incomprehensible loss"
348:
330:, on 21 August 2007. A total of 49 witnesses appeared during the six-week trial.
271:
248:
407:
The day before the verdict came in, Farquharson arranged for flowers (three red
1501:"Cindy Gambino seeks to keep Robert Farquharson away from children after death"
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521:, while questioning much of the evidence presented by the prosecution.
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251:
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1378:"Robert Farquharson's triple murder conviction in Winchelsea quashed"
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540:, also questions whether or not Farquharson was unfairly convicted.
528:
The 60 Minutes piece was prompted by a joint investigation done by
306:
in custody and ordered to appear before the court on 7 April 2006.
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222:
The deceased Farquharson children, Jai, 10, Bailey, 2, Tyler, 7
717:"Robert Farquharson to face retrial over death of three sons"
1718:
Prisoners sentenced to life imprisonment by Victoria (state)
970:"Father was in control of car before dam plunge, court told"
322:
Farquharson's trial for the murder of his sons began in the
316:
1228:
867:
1683:
Australian prisoners sentenced to multiple life sentences
1313:"Flowers from Robert Farquharson to his children victims"
187:
30:
For the 20th-century Scottish doctor and politician, see
370:
committal hearing that no mobile phone was available.
892:
890:
618:. News Ltd. Australian Associated Press. 22 July 2010
294:
murder. He had previously requested and undertook a
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926:
834:Critchley, Cheryl; McGrath, Helen (8 August 2015).
757:
755:
753:
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747:
635:
633:
430:The retrial commenced on 4 May 2010 before Justice
247:to deal with the separation. He was prescribed the
935:"Drowned brothers' father takes lie detector test"
897:Silvester, John; Adams, David (15 December 2005).
887:
674:
672:
1192:
1091:
1089:
791:
1659:
1456:
1236:"Farqharson's guilty verdict shocks top lawyers"
1166:
1164:
833:
744:
630:
1492:
1369:
1050:
868:natalieb@themonthly.com.au (1 September 2014).
669:
1698:People convicted of murder by Victoria (state)
1438:"Farquharson jury retires to consider verdict"
1304:
1125:
1086:
896:
445:Gambino told her story to Australian magazine
358:the left-veering force according to Urquhart.
1401:
1268:
1161:
1022:
994:
962:
708:
612:"Robert Farquharson guilty of murdering sons"
499:in Case 167 released on 6 March 2021, and in
1172:"Father found guilty of killing three sons"
899:"'Dumbfounded' dad to fight murder charges"
421:
1276:"Blackout behind car wheel likely: doctor"
1002:"Dad on trial over Father's Day drownings"
764:"In the name of the father, how could he?"
606:
604:
1708:People with avoidant personality disorder
1648:"Trial by Water, Episode 1: Father's Day"
1606:"Trial by Water, Episode 1: Father's Day"
1349:"Mum in agony as day of judgment arrives"
1346:
932:
797:
217:
1198:
1059:"Court told of plan to kill three sons"
836:"What drives a dad to murder his sons?"
827:
761:
639:
601:
495:The case was also covered in detail by
14:
1660:
1465:"Farquharson internet campaign starts"
1462:
1435:
678:
1678:Australian people convicted of murder
1498:
1375:
1134:"Expert hits dam dad's blackout plea"
1056:
982:from the original on 29 December 2022
933:Silvester, John (21 September 2005).
1310:
1199:Gregory, Peter (14 September 2007).
1131:
1095:
1030:"Farquharson jury considers verdict"
714:
1414:Australian Broadcasting Corporation
1347:Sherborne, Craig (6 October 2007).
1177:Australian Broadcasting Corporation
1035:Australian Broadcasting Corporation
1007:Australian Broadcasting Corporation
975:Australian Broadcasting Corporation
80:Cindy Gambino (divorced) (deceased)
24:
715:Rout, Milanda (17 December 2009).
25:
1729:
1499:Gough, Deborah (7 October 2013).
1376:Devic, Aleks (18 December 2009).
1132:Bice, Katie (13 September 2007).
798:Houlihan, Liam (7 October 2007).
762:Kissane, Karen (6 October 2007).
640:Gregory, Peter (5 October 2007).
239:, and sought the assistance of a
184:Robert Donald William Farquharson
57:Robert Donald William Farquharson
1673:Australian murderers of children
1409:"Dam deaths father granted bail"
1252:. 9 October 2007. Archived from
1640:
1626:
1612:
1598:
1584:
1570:
1556:
1542:
1528:
1463:Cooper, Mex (23 October 2007).
1436:Petrie, Andrea (19 July 2010).
1429:
1057:Medew, Julia (15 August 2006).
800:"Oprah $ 1m offer to 'dam' mum"
679:Rennie, Reko (5 October 2007).
32:Robert Farquharson (politician)
1311:Ryan, Kelly (8 October 2007).
1096:Bice, Katie (6 October 2007).
861:
351:were all in the off position.
337:
13:
1:
594:
519:Australian Academy of Science
233:avoidant personality disorder
213:
1703:People from Victoria (state)
642:"Dad guilty of killing sons"
261:
7:
547:
536:, whose five part podcast,
497:Casefile True Crime Podcast
319:and released from custody.
60:1969 (age 54–55)
10:
1734:
1713:People with mood disorders
1444:. Melbourne: Fairfax Media
681:"Dad to appeal conviction"
513:, in an episode hosted by
455:, the company of American
402:
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270:vehicle veered across the
29:
1281:The Sydney Morning Herald
1064:The Sydney Morning Herald
769:The Sydney Morning Herald
324:Supreme Court of Victoria
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501:True Crime Conversations
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422:Appeal, bail and retrial
309:
1201:"'Dad, we're in water'"
1688:Filicides in Australia
1357:. Melbourne, Australia
1098:"Killer father's daze"
223:
112:with a 33-year minimum
100:Three counts of murder
534:Sydney Morning Herald
415:proceedings resumed.
221:
88:3 (deceased; victims)
36:Robin de la Condamine
34:. For the actor, see
511:60 Minutes Australia
427:AU$ 200,000 surety.
1292:. 20 September 2007
805:The Daily Telegraph
478:This House of Grief
207:This House of Grief
1470:Geelong Advertiser
1417:. 21 December 2009
1383:Geelong Advertiser
1241:Geelong Advertiser
978:. 16 August 2006.
224:
47:Robert Farquharson
27:Australian convict
18:Bailey Farquharson
870:"End of the road"
489:Road to Damnation
453:Harpo Productions
326:, before Justice
300:Magistrates Court
181:
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110:life imprisonment
16:(Redirected from
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1180:. 5 October 2007
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1038:. 2 October 2007
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1010:. 21 August 2007
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173:14 December 2005
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349:ignition system
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272:Princes Highway
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249:antidepressants
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97:Criminal charge
69:Criminal status
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1650:. 8 June 2024.
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1608:. 8 June 2024.
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1538:. 23 May 2022.
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