Casefile True Crime - Case 113: Brendan Bernard

Episode Date: June 1, 2019

In February 2015, Victorian police were called to the eastern banks of the Maribyrnong River in Moonee Ponds after two passersby made a grim discovery. Floating downstream was a plastic grocery bag containing a human forearm. --- Episode narrated by the Anonymous Host Researched and written by Rick Best Edited by Milly Raso and Elsha McGill For all credits and sources please visit casefilepodcast.com/case-113-brendan-bernard

Have you ever tried BBQ on BBQ? Picture this. Freshly prepared crispy seasoned chicken that's tossed in a smoky barbecue glaze and topped with a creamy barbecue sauce. Can't picture it? Well you can try it now at Tim's. Get our new BBQ crispy chicken loaded bowls and wraps for a limited time. Our episodes deal with serious and often distressing incidents. If you feel at any time you need support, please contact your local Crisis Centre. For suggested phone numbers for confidential support, please see the show notes for this episode on your app or on our website. Mount Macedon looms 65km northwest of Melbourne City, its tree-clad mountainous peak overshadowing a small, gold rush-era heritage township bearing its namesake. From the summit, Mount Macedon provides a sprawling scenic view of the surrounding native forests and rural Victorian countryside, with the cityscape in the far distance. Several creeks branch out from the mountain, including two that feed into the much larger Maribanong River, a winding 40km waterway that heads chiefly southward through the factory districts and residential suburbs of the northwestern fringe of the city, before joining Melbourne's central waterway, the Yarrow River, eventually emptying into Port Phillip Bay. As the second major river in metropolitan Melbourne, the Maribanong originally served as an arterial shipping route in the city's west, fostering the development of the area's industrial growth. As a result, the quality of the water degraded, with decades of contamination, pollution and litter turning the river a murky-brown colour. In recent times, most of the riverside industry has been closed, with the Maribanong re-established as a recreational hub for boating, fishing, rowing and cruises.

An abundance of bushland, parks and sporting fields now border the length of the river, which is framed by various bike paths and walking trails. At around midday on Thursday, February 5, 2015, two walkers were strolling along the eastern banks of the Maribanong River in Mooney Ponds, a suburb 6km out of Melbourne. They passed the renowned Boathouse Restaurant, owned by celebrity chef Gary Meaghan, which was bustling as usual, as was the Anglers' Tavern, a riverside pub located a little further downstream on the adjacent shore. The Maribanong Park, which flanks the popular eatery, was full of visitors, dog walkers, joggers and children enjoying the warm summer day. At 1.30pm, as the pair continued along the palm and gum tree-lined track, they noticed something floating upstream in the murky waters of the river. It was a white plastic grocery bag with something inside. Upon taking a closer look, they immediately contacted police who promptly arrived to the riverbank. Curious patrons of the nearby establishments watched on as officers stood on a wooden jetty and used a pole to fish the bag from the water.

They placed it on the jetty and peered inside, discovering the bag contained what appeared to be a reasonably fresh, severed human limb. The scene was shot in the back of the car. Officers at the scene conducted an initial examination of the limb and identified it to be the forearm of a Caucasian male severed at the elbow and wrist. They were certain the victim's hand had been intentionally removed to hinder efforts to identify the remains through fingerprint analysis. There was only one distinguishable feature on the forearm, a faded tattoo of a devilish caricature wearing baggy pants and holding a three-pronged pitchfork in its left hand and what looked like a spray can in its right. The grisly discovery sparked a full-scale search of the Maribyrnong River, which was an enormous and time-consuming task encompassing the Water Police, State Emergency Service and the Police Search and Rescue Squad. As the various teams began trudging the riverbank and its rocky surrounds, sifting through the junk and muck that had accumulated over the years, police divers in full scuba gear plunged into the shallow murky waters to scour beneath the surface. Their vision was severely limited as they cautiously navigated around the large tree branches and submerged items that littered the riverbed.

In a slow and methodical process, police boats equipped with sonar equipment scanned the depths of the river two kilometres in either direction from the side of the discovery, overseen by a police helicopter circling above. Search efforts were complicated by the fact that the Maribyrnong was a tidal river influenced by Port Phillip Bay, which sat at its large coastal mouth. The changing ocean tides altered the river's flow and water levels, causing debris to constantly shift directions up and downstream. Police understood that if there were more human remains to be discovered in the waterway, they may have since been displaced and directed elsewhere. It also meant the location where the forearm had been found wasn't necessarily the same place that had been originally discarded. The intensive police presence caught the attention of the media and passing onlookers who swarmed the scene to observe the grim search. Meanwhile, detectives began door-knocking the local area and collecting footage from security cameras located near the riverbank. The grisly discovery came as a shock to the residents of Mooney Ponds, where such horrific crimes were unheard of in their esteemed and trendy suburb, populated by young professionals, families and retirees.

Due to the method in which the body was dismembered and to the perpetrator's calculated efforts to conceal the victim's identity, room is circulated as to whether the death was gang-related. Just over three hours after the forearm was discovered, search crews had shifted two kilometers downstream to the suburb of Essendon West. There, under the Apton Street pedestrian bridge, a popular dive spot for swimmers, police and state emergency service personnel spotted a second plastic bag in the water. They pulled it out and discovered it contained another human limb, although this one was not as easily identifiable as the first. Hours later, at 7pm, two kilometers upstream from where the forearm was originally sighted, police spotted a black plastic bag floating down the river. Upon retrieving it, the bag contained what officers could only describe as a small amount of human flesh. The recovered human remains were sent to the Victorian Institute of Forensic Medicine for examination, where forensic pathologists performed multiple autopsies to confirm all the body parts belonged to the same unidentified male. They also determined the remains had been in the river for up to seven days.

It was clear to police that the victim had been murdered and dismembered elsewhere before the Maribanong had been used as a dumping ground to discard his remains. They were certain more body parts had yet to be discovered, but given the late hour and the lack of visibility, dive efforts were suspended until the following morning. Search efforts continued on land overnight as the gruesome nature of the case put pressure on police to swiftly identify the victim and capture his killer. The next morning, Friday, February 6th, divers re-entered the river at first light as police continued to comb the adjoining landscape and surrounding streets. After failing to uncover any further remains by midday, the focus of the search was shifted to the area surrounding the Afton Street Bridge, the site of the second discovery. At 1.30pm, divers began extensively combing that portion of the river, but after hours of fruitless searching, were forced to call it a day. The next step for homicide detectives was to try and identify the victim using the only clue they had thus far, the distinctive forearm tattoo of the pitchfork wielding devil. They cross-checked the image with missing person reports and the criminal database whilst making inquiries with local tattoo parlours and graffiti artists.

To hasten efforts, police released an image of the tattoo to the media in the hope that a member of the public might recognise the artwork and come forward. In an accompanying statement, Detective Inspector Mick Hughes stated, The killer made steps to try and hide his identity and were taking steps to try and identify him. Detective Hughes expressed sympathy towards the victim's family who would likely learn of their loved one's death from the ensuing media reports. Quote, I think it's important from the family's perspective. We know this is a terrible way for them to find out, but I think it will get a breakthrough in our investigation. Meanwhile, the search of the Maribyrnong River continued. The waters hadn't been closed off to the public, so river-goers continued to populate the waterway as it was scoured for body parts. On the third morning of the police search, a woman took to the water in her rowboat and headed towards the Maribyrnong Road Bridge in Mooney Ponds, near the location where the forearm was recovered.

At 11am, she spotted a plastic bag floating under the bridge and paddled over to take a closer look. Realising it contained flesh, she caught the attention of a passing police boat and used her paddle to push the bag over to the officers. Three and a half hours later, two local men were walking their dogs alongside the river. As they passed the Essendon Canoe Club on the adjacent side, they spotted a white plastic bag that had washed up on the riverbank and wedged between rocks. The men recognised a grey human knee protruding from the bag and immediately flagged down a police boat. Reporters at the scene crowded around the men as one explained, I feel awful, it's someone. Whilst the other described the discovery as surreal, adding,

kids are enjoying a nice game of cricket and there's a body part floating near them. As the two latest discoveries were within 200 metres of the Maribyrnong Road Bridge, police shifted their attention back to this area. But after another day of searching, their efforts yielded no further discoveries. Meanwhile, the image of the forearm tattoo was circulating on news sites throughout Australia and as far away as the United Kingdom and New Zealand. As no one had immediately come forward to identify the tattooed man, it was presumed he either had a little family or lived interstate or overseas. Police had appealed for anyone with information to contact Crime Stoppers, an organisation which allows people to provide anonymous information to authorities. The service was flooded with calls, but none led to the identity of the victim. Then, the Victoria Police Facebook page received messages from the public alerting them to a post on the internet forum website Reddit,

in which users had identified the origin of the tattoo's pitchfork wielding devil. The image was featured on a 1997 album titled Tooth and Nail, released by three-piece Australian punk band Downtime. The album's cover art depicted the exact same devil from the tattoo. The only difference was that instead of a spray can in its right hand, Downtime's devil was holding a bouquet of yellow-arum lilies, an ornamental plant variety commonly displayed at funerals. Given the similarities between the tattoo and the album's artwork, the websloots who made the connection speculated whether the victim was known to the band. Downtime had since drifted apart. Lead singer Billy Hughes died in a car crash in 2011. Drama Brendon Peace no longer performed, and bassist James Meek now played for various other groups.

Although the band originally hailed from Sydney, they had amassed the decent underground following in Melbourne during the 90s. Former band manager Matt Reese was certain he would remember if a devoted Downtime fan had gotten the tattoo at the time, as they surely would have come forward to show it off to their idols. As it turned out, Downtime's bassist James Meek had copied the devil artwork for his band's album cover from a skateboarding and graffiti magazine. He had taken some creative liberties in his reproduction, giving the devil a bouquet of yellow lilies instead of the can of spray paint it held in the original magazine version. The magazine artwork and the victim's tattoo were compared side by side, revealing an exact match. Evolving news reports on the tattoo caught the attention of local Melbourne resident, Ronald Whitmore, who arrived at the North Melbourne police station to inform officers that his 32-year-old son, Brendon David Bernard,

had the exact same devil tattoo on his inner forearm, having it inked when he was 16 years old. The last time Ronald had seen his son was over a month earlier on Christmas Day of 2014, but Brendon's lack of contact since the holiday was not unusual, as he often went long periods of time without getting in touch. As such, the family had not been concerned about his whereabouts, and he hadn't been reported as missing. Brendon's friends knew him simply as B, and he wore a distinctive chain around his neck adorned with the letter. He was the eldest of four children, one of whom had since relocated to Europe, but the other two resided in Melbourne. His mother had passed away in 2008. For the past five years, Brendon had been homeless, intermittently staying at men's shelters until the end of 2012,

when he took to couchsurfing between the homes of his friends. A long-term heroin user, he was also known to deal drugs which caused a rift between his family. Although they did not agree with his life choices, they still cared deeply for Brendon and hoped he would get his life back on track. They made sure to touch base with him every once in a while, including at Christmas time. To determine if there was a familial connection, Ronald Whitmore provided investigators with his own DNA to compare against the unidentified remains. A significantly faster process than checking the DNA against their extensive databases. As police awaited the results of the test, Detective Inspector Mick Hughes fronted the media announcing the tattoo had been recognized by the victim's family. He disclosed the victim to be a man aged in his 30s who lived on the fringes of Melbourne's CBD,

but withheld Brendon Bernard's name, explaining he would not disclose his identity until the DNA had been confirmed through forensic testing. Although he expressed confidence that they now knew who the victim was, remarking, everything points to that family's relative, adding that a motive for the murder and his exact cause of death remained unclear. Detective Hughes thanked the public and media for their support during the course of their investigations, stating, The response from the public has been tremendous. Despite the confronting nature of these discoveries, people have acted quickly and contacted police immediately. The information provided has enabled investigators to act quickly and secure the items proving crucial in the investigation. I'd appeal to the offender out there.

We are methodically working our way towards him or her, and if they would like to contact crime stoppers, we'll certainly make ourselves available for interview. A lot of people find themselves in circumstances they have no control over. Obviously, if there are associates of the offender, perhaps who are not actively involved in the death, we'd certainly be interested in talking to them if they come forward. The results of Ronald Whitmore's DNA tests came back positive, confirming a familial match existed between himself and the victim. This result, coupled with the Taddu identification, confirmed the Maribyrnong River remains were those of Brendan Bernard. The verification devastated Brendan's family, who struggled to comprehend the depravity of his death and the horrific ordeal he suffered. Ronald provided police with a recent photograph of his deceased son to help with their investigations.

He portrayed a smiling and relaxed Brendan as he stood at the tram stop on the corner of Gertrude and Napier streets in Fitzroy. His shoulder-length brown hair was covered by a black hat, which matched his black attire, a collection of key chains dangling around his neck. The photo was released to the media, publicly naming Brendan Bernard as the man whose remains had been found in the river, and the hunt for his killer was initiated. Homicide detectives extended their investigations to the locations Brendan was known to frequent and began questioning his relatives and friends. John Ankovich, Brendan's stepfather, came forward as one of the last people to have seen Brendan in the days preceding the discovery of his remains. John maintained good relationship with his stepson, with the pair having last seen each other on Tuesday, January 27. Nine days before Brendan's body parts were found, he met his stepfather outside John's city-based office, where he asked to borrow some money. John agreed, transferring $100 into Brendan's bank account, but he hadn't heard from him since.

When John saw the devil tattoo in media reports, he immediately recognized it as similar to Brendan's, but the image was blurry, so he wasn't 100% certain. Wanting to make sure his stepson was all right, John proceeded to try to find him. He knew Brendan was staying with a friend, Matthew Brennan, who lived in an apartment on O'Shennessey Street in North Melbourne. The apartment was part of a multi-story housing commission complex owned by the Australian government, which provided shelter to low-income earners and people dependent on social welfare. Matthew had been allowing Brendan to stay at his place temporarily free of rent. When John visited the apartment looking for Brendan, Matthew seemed reluctant to open the door, informing him that Brendan had packed up his things and left the week prior. Detectives checked CCTV footage and were able to confirm that Brendan had met his stepfather in the CBD on January 27 as John had stated, but were unable to track his movements from there onwards. They approached Matthew Brennan, finding him in the company of another friend, Konstantinos Spaliaris, who resided in the same O'Shennessey Street housing complex.

When asked about Brendan's whereabouts, Matthew and Konstantinos told the officers that he had, quote, done a runner, after he was confronted by two unnamed men for selling them drugs they described as batshit. Neither of the men had heard from Brendan since. Detectives proceeded to door-knock the apartment complex to see if any of the residents had witnessed anything unusual in the days before Brendan's departure. Neighbours recalled seeing Brendan at Matthew's apartment on Tuesday, January 27, after he had returned from meeting his stepfather in the city. The front door to Matthew's apartment was open and the two men were seen in the company of Konstantinos Spaliaris, his girlfriend and a fourth resident named Edward Hill. Several neighbours recalled hearing prolonged yelling and screaming emanating from the group. One resident, who resided in the apartment above, told investigators he overheard a fight in the apartment below that lasted from 10 to 20 minutes. Another neighbour added that she heard strange noises that sounded like a power drill being used.

Police looked into the backgrounds of all those in attendance at Matthew Brennan's apartment on January 27, starting with the host. 36-year-old Matthew Brennan was the youngest of four children. He left high school in year 11, working sporadically as a factory hand. When he was 19, his family was struck by a sequence of tragedies, starting when his mother died of cancer, followed by losing his brother to a drug overdose and his father dying of a stroke, all within a three-year timespan. Illicit drugs had been a problem throughout much of Matthew's life. He started smoking cannabis at age 12, before moving on to amphetamines at 15 and heroin at 17. He also experimented with benzodiazepines and hallucinogens, including LSD and magic mushrooms. By the time he was 19 years old, he was dependent on heroin and began identifying as a Nazi skinhead. Matthew began psychological treatment in 2012, during which a doctor noted he had psychopathic features contrasted with anxiety, vulnerability and inferiority, suggesting his identification with Nazi beliefs was part of a coping mechanism to deal with negative emotions. In August 2014, he was admitted to the Royal Melbourne Hospital after suffering a methamphetamine-induced psychosis.

Matthew had two sons with a woman who was also struggling with drug addiction, resulting in their children being placed in the care of Matthew's stepmother. Although he had no history of violent crime, he had appeared in court three times between 1995 and 2002, having been convicted of over 130 offenses from those three appearances, mostly in relation to dishonesty charges. He was imprisoned for 14 months in 2002 for skipping bail, burglary, theft, handling stolen goods, possession of heroin, and possession of a controlled weapon. After his release in 2003, Matthew obtained accommodation from the Ministry of Housing in the Oceanic Street apartment complex. Although he was able to stay out of legal trouble in the following 13 years, he continued his ongoing use of illicit drugs. Matthew's friend, 31-year-old Konstantinos Beliaris was one of three sons. His parents divorced when he was young and he was raised by his father, with whom he had a strained relationship, contributing to Konstantinos' anger issues. By his 16th birthday, after his father threatened to kick him out, Konstantinos left home on his own accord, dropping out of high school in year 11 to begin a plumbing apprenticeship that he never finished.

Throughout his adult life, he was employed on and off, mainly finding work as a concreter. He battled with anger, drug, and alcohol problems, having started using cannabis as a young teenager. Konstantinos had been a regular user of methamphetamine since he was 17 years old, and to dealt drugs to support his habit. By his mid-20s, he was admitted into psychiatric care twice. During a nine-year on and off de facto relationship, Konstantinos fathered two children. The relationship was marred by violence and domestic incidents, one of which led to Konstantinos being convicted for hindering police using threatening words in a public place and behaving in an offensive manner. He was placed on a bond and required to attend anger management counseling. In June 2013, police were called to the couple's residence after another incident in which Konstantinos had smashed a barrier's household items, including the fridge and a microwave.

His partner attempted to escape with the children, but Konstantinos smashed her car windows with a stick, fleeing the scene as the police arrived. He returned once the police had left and assaulted his partner again. He returned to the house two months later, smashing more property and was subsequently sentenced to three months in prison and 12 months of community service, which he breached and was later re-arrested for. In December 2014, Konstantinos started dating a single mother named Janet, not her real name, and the pair lived together in the Oceanicy Street apartment complex. By 2015, whilst on bail for two counts of recklessly causing injury, committing an indictable offence whilst on bail and breaking his community corrections order, Konstantinos was in trouble with the law again. High on crystal meth, he broke into the home of a man who owed him a meager amount of money as part of a drug debt, brutally attacking him before stealing his mother's car. Konstantinos was charged with trespass, robbery, and intentionally causing injury. Just weeks before police arrived to make inquiries in relation to Brendon Bernard's murder, Konstantinos had invited his ex-partner to his apartment and upon her arrival, proceeded to push her down a flight of stairs.

The third man in the group last sighted with Brendon Bernard was 46-year-old Edward Hill, known by his nickname Nippy. The eldest of several children to his long-time divorced parents, Edward suffered from Perthes disease, a childhood hip disorder that prevented bone growth, causing lifelong deformities and osteoarthritis. He also suffered a mild intellectual disability, which made him the target of schoolyard bullies, causing him to skip school before leaving altogether in year 10. When Edward was 15 years old, he left home, working as a gardener and butcher before dropping out of the workforce entirely at age 18, receiving income from a disability support pension and the Salvation Army. A heavy drinker from an early age, Edward was known to consume liters of poor today and was also a regular user of cannabis, heroin, morphine, and methamphetamine. He had a long criminal history, amassing over 80 convictions from 29 court appearances between 1985 and 2010, mostly for dishonesty, driving, and to drunken disorderly offenses, but also for more violent crimes. In November 2005, he served an eight-month prison sentence for assault-related charges, damaging property, and aggravated burglary. Over the years, he fathered six children, all of whom resided with their respective mothers interstate.

By 2015, Edward had been living in the Oceanicy Street Commission complex for 10 years. It was clear that all three men were of dubious character, but they assured police that Brendan had left Matthew Brennan's apartment weeks earlier to escape the ramifications of a botched drug deal. Unable to find proof of any such situation having occurred, police were convinced the men were lying. Then, one of Edward Hill's neighbors came forward. Eric, not his real name, provided a statement to police in which he claimed, Nippy told me it was him who killed Brendan Bernard. He said Brendan had been given $300 to score drugs, but he returned empty-handed with only $40 left. This prompted Edward to, quote, crack the shits. According to Eric, Edward bragged about killing Brendan, saying, It was easy. I hit him four times, and he just dropped.

He said Brendan's body had been left in the bathtub for a week before being dismembered by Matthew Brennan and Konstantinos Balearis. Eric's statement was equal parts damning and chilling. However, police were aware that Edward Hill's claims were unreliable due to his intellectual disability, illicit drug use, and excessive alcohol consumption. Nevertheless, Eric stood by his statement, not only willing to testify in court, but also agreeing to serve as a police informant by wearing a concealed wire during further conversations with his neighbor. During these recorded conversations, Edward rambled on about Brendan Bernard, accusing him of trying to sell crushed glass disguised as crystal methamphetamine. Investigators were unable to prove whether these accusations were true, and Edward's unfounded stories only served to raise doubts as to the authenticity of his character, and thus, the validity of his claims that he was responsible for Brendan's death. Police were certain the truth of what happened to Brendan Bernard remained with those who were in Matthew Brennan's apartment on the afternoon of January 27. They brought Matthew, Konstantinos Balearis, and Edward Hill in for questioning, but all three men remained tight lipped regarding what exactly had happened.

They then questioned the final person who was witnessed at the apartment that day, Konstantinos' girlfriend, Janet. To their surprise, Janet expressed a willingness to reveal the truth, in exchange for a plea deal. On Monday, January 26, 2015, Janet and Konstantinos visited Edward Hill's apartment, having befriended him during a drug deal the previous month. When they arrived, Matthew Brennan and Brendan Bernard were already there. Edward introduced Brendan to the couple, and the group settled in, spending the day together drinking alcohol and taking drugs. Janet sold Brendan five morphine tablets for $100 on tick, meaning he agreed to pay her back later, and the pair exchanged phone numbers to facilitate the future transaction. That afternoon, a neighbour complained about the noise the group was making, so they each splintered off and returned to their own apartments. The next day of Tuesday, January 27, Janet phoned Brendan several times, seeking payment for the morphine tablets.

She handed the phone to her boyfriend, with Brendan telling Konstantinos he would get the money off his stepfather. After some bartering, Konstantinos agreed to lower the debt to $60. Later that day, Janet and Konstantinos visited Edward's apartment, finding Matthew Brennan already inside. The four spent the afternoon drinking and doing drugs, during which the conversation drifted to Brendan Bernard. Matthew complained about Brendan living at his place rent-free and expecting free drugs, despite having previously agreed to let him stay at his apartment for nothing. As they continued to wear their gripes, tempers began to flare in the group, and they decided to go to Matthew's apartment to confront Brendan. He wasn't home at the time, so the group began rummaging through his belongings, hoping to find cash or drugs they could use as repayment for his debts. As they were ransacking through his things, Brendan suddenly appeared, catching the group red-handed.

They immediately began screaming at him, demanding money. It was chaotic. Brendan was obviously flustered and confused. Konstantinos flew into his trademark rage, punching Brendan repeatedly before Matthew and Edward joined in on the attack. Underweight and weak from years of drug use, Brendan was unable to fight off his three attackers. Instead, he covered his head with his arms in an attempt to protect himself as they continued to beat him whilst repeatedly yelling, You were warned. Konstantinos then placed Brendan in a sleeper-hold until he lost consciousness, dropping his limp body on the lounge-room floor. Janet was ordered to watch over Brendan as the three men entered a bedroom to discuss their next move, closing the door behind them.

After a few minutes, Brendan regained consciousness and scrambled to his feet. Realizing his attackers were still in the apartment, he made an attempt to flee, but Janet shut and blocked the front door, fearing he would go to the police. She yelled to the others, alerting them that Brendan was trying to escape. Konstantinos, Matthew and Edward rushed out of the bedroom and resumed punching Brendan, wrestling him to the floor. They pushed a pillow over his face to stifle his screams as he continued to yell, I just want to go. I just want to go. The others ordered him to shut up before hauling Brendan into the kitchen where Konstantinos pulled out a black cutthroat razor and slashed him across the face. Janet desperately told her boyfriend, no weapon, but he ignored her.

The men dragged Brendan kicking and screaming into the bathroom, instructing Janet to close the door behind them. She remained in the kitchen, drinking alcohol to calm her nerves whilst listening to the muffled mix of yelling, screaming and banging coming from the next room. Around 45 minutes later, the chaos finally stopped and everything went quiet. Janet shouted, is everything okay? Is he breathing? To which the men replied, come and have a look. She opened the bathroom door, finding Brendan lying motionless in the bathtub, covered in blood. Konstantinos was holding the ends of a rope pulled tight around Brendan's neck. He held it out to Janet saying, here, have a pull of the dog. When she refused, he gave the rope a forceful tug, causing Brendan's head to hit the side of the tub. As he showed no reaction, Janet asked whether Brendan was still breathing, but the three men didn't answer.

She put her fingers to his neck but was unable to find a pulse. The group reconvened in the kitchen where Matthew ordered that no one was allowed to leave. Konstantinos appeared unfazed by the situation, at one point asking Matthew if he would mind if he and Janet had sex. Janet remained elusive to police as to whether she engaged in sexual activity with her boyfriend, cutting to another conversation between the group where they discussed the possibility that Brendan had drugs hidden on him. Edward volunteered to search Brendan's body, entering the bathroom alone. He reemerged a short time later, claiming he hadn't found anything. The group were then faced with what to do next.

They were unable to move Brendan's body from the apartment as they would no doubt be spotted by their many neighbours. In the days following the murder, his body remained in the bathtub as the group debated what to do. Konstantinos took to wearing Brendan's footwear, expressing his amusement that he was walking around in a dead man's shoes. It was the middle of the sweltering Australian summer, during which temperatures regularly exceeded 35 degrees Celsius. The hot weather caused Brendan's body to decompose at a rapid rate. When a neighbour complained of the awful smell emanating from Matthew's apartment, the group started washing the body to combat the odor. After a week had passed, Konstantinos and Matthew agreed that the ideal way to dispose of Brendan's body without detection was to dismember him. On Tuesday, February 3, seven days after the murder, the three men convened at Matthew's apartment to begin the process of dismembering Brendan's body.

Upon completion, the men sealed Brendan's body parts in plastic bags. A while later, Konstantinos retrieved Janet from their shared apartment and she was immediately repulsed by the smell of death that lingered on him. He told her what they had done, boasting that the cut-up flesh looked, quote, good enough to eat. He made specific reference to one of Brendan's legs, stating it looked good enough to roast and that he would have considered eating it if it hadn't been sitting there for so long. He also bragged that it only took them one hour and twenty minutes to complete the task, calling it a record. With Janet in tow, the group of four carried the bags from Matthew's apartment downstairs and out to a car they had stolen. Matthew sat in the back seat as they drove west, spraying a can of Link's deodorant to mask the smell of the remains. They stopped at six different locations along the course of the Maribanong River, throwing the bags into the water at each stop.

To hinder efforts to identify their victim once his remains were inevitably discovered, they discarded the bags containing Brendan's head, hands and feet into a council dumpster near a public playground. Following Janet's confession, police arrived to the dumpster where Brendan's head, hands and feet were discarded, but the rubbish had since been collected by a garbage truck and its contents taken to a dump. Janet led police to the six locations along the Maribanong River where the group had discarded the rest of Brendan's remains, with a search of the river recommencing on Friday, February 27. Police released a statement to the media that read, Investigators would like to reassure local residents that the police activity today is an extension of the previous search activity as all the remains have not been found, not as the result of the discovery of additional body parts. Investigators obtained a search warrant for Matthew Brennan's apartment where they found traces of Brendan's blood in the lounge room. They were also able to recover a vacuum cleaner Matthew had since sold to the pawnshop cash converters, which underwent forensic examination and was found to contain traces of Brendan's blood. In subsequent police interviews, Matthew Brennan, Konstantinos Spaliaris and Edward Hill all confessed to killing and dismembering Brendan Bernard before disposing of his body.

They admitted that Konstantinos and Matthew had used a knife and a hacksaw to cut up Brendan's body while Edward looked on. All three men were charged with murder, to which they pleaded not guilty, claiming their motive was never to kill Brendan, only to hurt him as punishment for owing them money. The trio were denied bail and the trial was ordered to begin the following year, as the complex forensic nature of the case meant police needed extra time to prepare their brief of evidence. They also needed more time to search for Brendan's missing remains. Almost a month later, on Sunday, March 22, a member of the public was walking near the Boathouse Restaurant where Brendan's severed forearm was found 45 days earlier when they spotted some bones. The discovery drew intense media attention, with several reports boldly insinuating that the bones belonged to the murdered 32-year-old. However, forensic testing later confirmed the bones were not human. Despite the extensive efforts by police, no further remains belonging to Brendan Bernard were located.

On July 21, a committal hearing determined there was sufficient evidence for the case to go to trial at the Supreme Court. Whilst awaiting trial for murder, Konstantinos Balearis faced court for his early appending charges, which included assault, recklessly causing injury, committing an indictable offence whilst on bail, and breaking his community corrections order. He was convicted on all counts and sentenced to nine months in prison. Brendan Bernard's murder trial began the following year on Monday, May 23, 2016, overseen by presiding judge Justice John Beale. In his opening address, Chief Crown Prosecutor Gavin Silbert told the court, You are about to embark on another one of the increasing number of murder cases arising from the world of drugs, and in particular, the drug ICE. Following the prosecution's opening, the defense counsel immediately put in an application to discharge the jury, reasoning Silbert's comments were, quote, irrelevant, factually incorrect, and highly prejudicial to the accused.

The prevalence of ICE, also known as crystal methamphetamine, had risen dramatically amongst drug users in Victoria over the previous years, causing a sharp increase in violent crimes, including homicides. The defense argued the prosecution's comments skewed the trial to represent the wider societal problems arising from the ICE epidemic, and that it, quote, invites the jury to associate this offense with the topical social evil in an inappropriate way. Justice Beale permitted the trial to continue, but reminded the jury to focus on Brendan's murder and not the associated drug use or its wider social impacts. The defense of all three of the accused invited the jury to convict their clients on the lesser charge of manslaughter, explaining their motive was to cause serious injury, not death. Konstantinos' attorney argued that his client's intent was to, quote, merely give the man a flogging, although conceding that he hadn't been disappointed by the result. The defense also insisted that their clients having accepted responsibility for Brendan's death was evident of their remorse for their actions. The prosecution's assertions that the dismemberment was an aggravating factor of the murder was disputed by the defense.

They referenced other murder cases where the victim's body was mutilated immediately following the killing, unlike Brendan's dismemberment, which occurred a week after he had died. They maintained that the desecration of Brendan's body was the result of a drug-induced panic, not aimed to further humiliate him or seek vengeance. Judge Beale wasn't convinced, stating his opinion that the defendant's motivation behind dismembering Brendan's body was a calculated decision to evade punishment. The prosecution's case relied heavily on the witness testimony provided by Konstantinos' former girlfriend, Janet. The couple had since separated, with Konstantinos resuming his relationship with the mother of his children, whom he had abused on multiple occasions. The defense worked to discredit Janet by drawing attention to her history of drug and alcohol abuse, as well as to the lack of confidence she had in her own testimony. As she had admitted to consuming alcohol and using ICE immediately prior to and during Brendan's attack, Janet was made out to be an unreliable witness. Matthew Brennan's attorney told the jury,

She is the only witness to what happened in that living room. You appreciate by now this is a different world you're going into. Everyone in that room was drug-affected or drunk. Janet said she couldn't go out in public unless she'd had something to drink. You'll be focusing very carefully on her evidence. How reliable is it? However, upon cross-examination, Janet's version of events were exactly as she had described during her initial confession to police. She admitted to using drugs that day, saying,

We all had our poison, but her story remained the same. When reliving the first punch that initiated the ferocious attack on Brendan, she explained, It was like a big ball of arms and the legs. It was a pretty big mess. There were three people that was yelling. The dog was barking and biting. I was saying stop. Janet broke down in tears as she told the jury how Brendan had cried throughout his ordeal, begging his attackers to stop. When the accused realized Brendan had died, Janet explained, It's like they weren't having fun anymore, because he wasn't alive anymore.

She admitted to closing the front door of the apartment on Brendan when he made an effort to escape, as she didn't want him to alert police and to risk Konstantinos going back to jail. A large amount of Janet's credibility centered around the duration of the fight that led to Brendan's death. She was certain the assault lasted for a couple of hours, beginning with a 15 minute verbal argument, followed by a 15 minute physical fight in the lounge room, which then rendered Brendan unconscious for another 15 minutes. When Brendan came to and tried to escape, another 10 minute fight ensued, and his final ordeal in the bathroom lasted up to 45 minutes. However, this conflicted with the testimony provided by the neighbor who lived in the apartment above Matthew Brennan, who told the court that the fight he overheard only lasted 10 to 20 minutes.

The defense argued that Janet's incorrect timings were evidence of her inability to factually recall key details of the event, but Janet stood by her testimony, stating, Everything was a blur around that time in my life. I remember clearly everything that happened, but the time frames are a bit fuzzy. As Janet hadn't witnessed the events that unfolded in the bathroom, it was unclear exactly what had occurred within. Konstantinos Spaliaris was accused of being solely responsible for this most savage portion of the attack. He admitted the events that transpired were beyond the scope of what he and his co-accused had agreed to, and that when he had choked Brendan with the robe, he had done so without Matthew Brennan or Edward Hill's explicit approval.

Furthermore, Matthew's legal counsel extensively highlighted the fact that despite the bathroom belonging to their client, there was no forensic evidence to place him at the scene of the murder. There was also no evidence to indicate who was present during each portion of the attack, or who administered the fatal injury that ended Brendan's life. The extensive damage caused to Brendan's recovered remains failed to provide an answer, with the exact cause of his death remaining a mystery. In an effort to explain the presence of Brendan's blood in Matthew's apartment and vacuum cleaner, the defense counsel claimed Brendan had gotten into a number of fights leading up to his death,

and the spatter had likely resulted from one of these incidents. After an 18-day trial followed by seven days of deliberations, the jury reached its final verdict on Friday, June 10, 2016. For the murder of Brendan Bernard, Konstantinos Balearis, Matthew Brennan, and Edward Hill were unanimously found guilty. When the verdict was announced, Brendan's family led out cries of relief and embraced one another in tears. As the jury left the court, Konstantinos and Matthew were seen smiling and joking with one another. During the subsequent sentencing hearing, victim impact statements were read out to the court. An emotional reading from Brendan's father, Ronald Whitmore, expressed how disgusted and enraged he felt over his son's murder,

and the way he was treated after his death. He described the murder as a senseless, small-minded, and cowardly act, adding that the lack of humanity shown by his son's killers would stay with him forever. Despite the best efforts by police, Bernard's head, hands, feet, and a significant portion of his body were never recovered. Ronald demanded his son's killers reveal the whereabouts of his remains. Quote, Ronald described the turmoil he felt having to opt for cremation instead of burial due to how little of Brendan's body was found. Whilst his family had long feared they would one day lose Brendan to a drug overdose,

Ronald remarked that what happened instead was far worse, stating, I would like Brendan to be remembered as the boy he was and not the man he could have been. I loved him, and I always will. Victim impact statements were also read on behalf of Brendan's siblings, giving the otherwise private family the opportunity to publicly express their grief. Brendan's brother described how his world stopped upon identifying Brendan's forearm, as though he was outside his body, watching a play. He also expressed sadness that Brendan's body was disposed of like garbage.

Quote, He was my flesh and blood. He was my brother. He died for $60, which I found out was probably actually paid. It was discovered that the $60 debt that led to Brendan's murder had in fact been paid. On January 27, 2015, after visiting his stepfather in the city to borrow the money, Brendan had trusted the $60 payment to his roommate, Matthew Brennan, requesting he pass the cash on to Janet to repay his debt. Instead of giving the money to Janet, Matthew decided to pocket it for himself.

He kept his theft a secret from the others, even when Brendan's alleged failure to repay the debt sparked the group's confrontation. Brendan was genuinely blindsided by the attack, confused as to why the group were demanding money from him, which he had already paid. At the sentencing hearing, Justice John Beall rejected the defense's argument that the dismemberment of Brendan's body occurred too long after the killing to be treated as a circumstance of aggravation, stating, The three of you disposed of the body parts, and I regard that as a further aggravating circumstance. Justice Beall declared the defense team's effort to persuade the jury to convict the trio of manslaughter as a pragmatic tactical decision to maximize their chances of being found not guilty of murder. He did not believe it flowed from any semblance of remorse from the defendants, and didn't accept any statements relied on by the defense that attempted to indicate otherwise.

Justice Beall told the convicted men, The impact of your offending on Mr. Bernard's family is profound and enduring. The anguish they feel has impacted on their physical and mental health. What you did to Mr. Bernard before and after his death understandably dominates their thoughts. They continue to be tormented by the fact that parts of Mr. Bernard have not been recovered. He concluded, Given the lack of evidence as to what happened in the bathroom where Mr. Bernard was killed, I cannot be satisfied that there was an agreement to kill. Nonetheless, your moral culpability is still high.

This was a protracted, brutal, and cowardly assault by the three of you. The rehabilitation prospects for Konstantinos Valiaris, Matthew Brennan, and Edward Hill were respectively regarded as poor, fair, and uncertain. During the trial, Edward Hill had been assessed by a neuropsychologist who concluded his IQ was a mere 68, placing him in the bottom 2.2% of the population. The impairment was present throughout his brain development and further compromised by substance abuse during his adolescence, impacting his general functioning, behavior, reasoning, and problem-solving skills, as well as his decision-making and judgment. It was determined that people with his mild intellectual disability generally require a supportive environment and significant training to function in their lives effectively. Notably, the neuropsychologists' report concluded that Edward Hill was more likely to be vulnerable to influences within his immediate environment. Based on the findings of this report, Justice Beale agreed to take the accused's intellectual disability into account upon determining his sentence.

On Friday, February 3, 2017, two years to the day after they dumped Brendon Bernard's remains in the Marabinong River, Justice Beale sentenced his three killers to prison. Konstantinos Valiaris was handed a 24-year prison term with a non-parole period of 19 years. Matthew Brennan was given 22 years imprisonment with a non-parole period of 17 years, and Edward Hill 20 years imprisonment with a non-parole period of 15 years. Konstantinos received the harshest punishment due to his history of violent crimes, coupled with the attitude and disrespect he showed Brendon during and after his death. Edward Hill's sentence was the lightest due to his intellectual disability and the fact that he had not participated in the dismemberment of Brendon's body. Given the three men had already been incarcerated for a period of 690 days, this time served was deducted from Matthew Brennan and Edward Hill's sentences. Konstantinos Valiaris's sentence, however, was only reduced by 367 days. All three men appealed their sentences on the grounds there was insufficient evidence to warrant a conviction and that the verdict was unreasonable.

They reiterated their issues with the prosecution's opening address at trial, in which they compared the case to the broader ICE epidemic plaguing society and the judge's decision not to dismiss the jury immediately following the remarks. They maintained they had never intended to kill Brendon Bernard and that money was the motivating factor of the assault. Appeal Judge Christopher Maxwell called the attack a vicious joint assault and before rejecting all three appeals asked the convicted men, if you were concerned about the money, why not let the poor bloke go?