Justice for Toby Richter - fighting for maximum sentence

The issue

On November 11, 2019 my brother Tobias (Toby) was murdered while he was at work at Pilbara Mineral's Pilgangoora lithium-tantalum mine (https://www.facebook.com/pages/Pilbara-Minerals-Pilgangoora/141057083253845

He was working alone, doing his job to provide for his family when he was robbed of his life, and my family of our son, brother, uncle and his two kids, their father (https://www.abc.net.au/news/2019-11-11/suspicious-death-at-pilbara-mine-site/11694464

Since this happened, we've stayed quiet to allow the police to conduct their investigation and prosecution to build a case without creating intentional bias to the court process so that it can do the right thing by Toby and put the man caught attempting to dispose of his body away for life. The accused went to where my brother was working, an area where Toby was meant to be working alone, somewhere the accused shouldn't have been and ultimately bringing the attention of colleagues. Toby was killed, he was wrapped in a cargo net. Despite being caught he asked his colleagues to help him load the 'rubbish' onto the ute.

Agonisingly, we waited and waited and eventually the investigation ran its course, with the trial of the accused scheduled for August 2021. Just prior to August the accused was deemed unfit (mental health card used), so the trial was postponed. The accused then asked for a manslaughter plea deal.  

Since August 2021, the accused has changed his story multiple time. He was found fit to stand trial back in October last year (https://www.abc.net.au/news/2021-10-12/troy-hausler-fit-to-stand-trial-over-pibara-mine-murder/100531630 and we were told a trial would go ahead. His fishing for a plea of insanity for the death of Toby again raised questions about his mental fitness in the months between then and now.  

Now two weeks out from trial, without any consultation or warning (is this one of the mistakes and the subsequent injustice for us mentioned by the Director of Public Prosecutions in this article  WA prosecutors face 'unrelenting' pressure | Northern Beaches Review | Manly, NSW  ?) we have been advised by the prosecuting attorney that the State of WA has backflipped for reasons I cannot go into at the moment and is accepting a plea deal from the accused for manslaughter.  What this means come sentencing is he will be looking at 8 years (2 already served) for manslaughter instead of life for the murder of my brother. 

How is this justice? Is this all that a life is worth? Unprovoked, Toby was attacked and killed, without any remorse, or any answers for us… Is this all that Toby’s life is worth?  Toby is dead, his two kids have lost their dad, my parents have lost their only son, I have lost my only sibling, and my son his only uncle and the mental health card is being used once again.

Our lives were shattered when one of my twins (my daughter Lucca pictured with her twin and Toby) died from cancer in 2019. Less than 6 months later this man killed Toby, destroying our lives in more ways than you can ever imagine. The oncologists at PCH let my daughter down and now the state’s judicial system have let Toby down. It's disgraceful, shameful, and the people of WA should not stand for this. It could be your son or daughter, brother or sister, mother or father... We are fighting for a maximum manslaughter sentence. Anything other than Life is a joke and an insult.

Our state judicial system is broken, we need harsher penalties and we need to stop using mental health to get out of murder convictions.  

Please keep sharing the petition far and wide, with friends, family, any groups you are a member of or pages you follow. Toby deserves justice. This person would have disposed of Toby like rubbish had he not been caught. I am still finding it unbelievably hard to think about that last insulting act he would have carried out.

If you can find the time, please email the attorney General of WA and the Premier of WA to voice your opinion.

Hon John Quigley Attorney General of WA
Minister.Quigley@dpc.wa.gov.au

Hon Mark McGowan Premier of WA                                  mark.mcgowan@mp.wa.gov.au

thank you Vanessa Richter (post is also on FB to share)

16,772

The issue

On November 11, 2019 my brother Tobias (Toby) was murdered while he was at work at Pilbara Mineral's Pilgangoora lithium-tantalum mine (https://www.facebook.com/pages/Pilbara-Minerals-Pilgangoora/141057083253845

He was working alone, doing his job to provide for his family when he was robbed of his life, and my family of our son, brother, uncle and his two kids, their father (https://www.abc.net.au/news/2019-11-11/suspicious-death-at-pilbara-mine-site/11694464

Since this happened, we've stayed quiet to allow the police to conduct their investigation and prosecution to build a case without creating intentional bias to the court process so that it can do the right thing by Toby and put the man caught attempting to dispose of his body away for life. The accused went to where my brother was working, an area where Toby was meant to be working alone, somewhere the accused shouldn't have been and ultimately bringing the attention of colleagues. Toby was killed, he was wrapped in a cargo net. Despite being caught he asked his colleagues to help him load the 'rubbish' onto the ute.

Agonisingly, we waited and waited and eventually the investigation ran its course, with the trial of the accused scheduled for August 2021. Just prior to August the accused was deemed unfit (mental health card used), so the trial was postponed. The accused then asked for a manslaughter plea deal.  

Since August 2021, the accused has changed his story multiple time. He was found fit to stand trial back in October last year (https://www.abc.net.au/news/2021-10-12/troy-hausler-fit-to-stand-trial-over-pibara-mine-murder/100531630 and we were told a trial would go ahead. His fishing for a plea of insanity for the death of Toby again raised questions about his mental fitness in the months between then and now.  

Now two weeks out from trial, without any consultation or warning (is this one of the mistakes and the subsequent injustice for us mentioned by the Director of Public Prosecutions in this article  WA prosecutors face 'unrelenting' pressure | Northern Beaches Review | Manly, NSW  ?) we have been advised by the prosecuting attorney that the State of WA has backflipped for reasons I cannot go into at the moment and is accepting a plea deal from the accused for manslaughter.  What this means come sentencing is he will be looking at 8 years (2 already served) for manslaughter instead of life for the murder of my brother. 

How is this justice? Is this all that a life is worth? Unprovoked, Toby was attacked and killed, without any remorse, or any answers for us… Is this all that Toby’s life is worth?  Toby is dead, his two kids have lost their dad, my parents have lost their only son, I have lost my only sibling, and my son his only uncle and the mental health card is being used once again.

Our lives were shattered when one of my twins (my daughter Lucca pictured with her twin and Toby) died from cancer in 2019. Less than 6 months later this man killed Toby, destroying our lives in more ways than you can ever imagine. The oncologists at PCH let my daughter down and now the state’s judicial system have let Toby down. It's disgraceful, shameful, and the people of WA should not stand for this. It could be your son or daughter, brother or sister, mother or father... We are fighting for a maximum manslaughter sentence. Anything other than Life is a joke and an insult.

Our state judicial system is broken, we need harsher penalties and we need to stop using mental health to get out of murder convictions.  

Please keep sharing the petition far and wide, with friends, family, any groups you are a member of or pages you follow. Toby deserves justice. This person would have disposed of Toby like rubbish had he not been caught. I am still finding it unbelievably hard to think about that last insulting act he would have carried out.

If you can find the time, please email the attorney General of WA and the Premier of WA to voice your opinion.

Hon John Quigley Attorney General of WA
Minister.Quigley@dpc.wa.gov.au

Hon Mark McGowan Premier of WA                                  mark.mcgowan@mp.wa.gov.au

thank you Vanessa Richter (post is also on FB to share)

The Decision Makers

John Quigley
Western Australia Shadow Attorney General

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Petition created on 11 February 2022