Casefile True Crime - Case 309: Lindsay Jellett
Episode Date: March 8, 2025When 41-year-old Lindsay Jellett failed to return home from his evening walk around the Victorian town of Ararat in May 1994, staff at his residential care unit were immediately worried. As well as be...ing intellectually disabled, Lindsay had epilepsy, which required nightly medication, and it wasn’t like him to lose track of time. As daybreak emerged, a grim discovery led to the question – who would want to hurt this innocent man?---Narration – Anonymous HostResearch & writing – Vikki PetraitisCreative direction – Milly RasoProduction and music – Mike MigasMusic – Andrew D.B. JoslynAudio editing – Anthony TelferSign up for Casefile Premium:Apple PremiumSpotify PremiumPatreonFor all credits and sources, please visit https://casefilepodcast.com/case-309-lindsay-jellett Hosted on Acast. See acast.com/privacy for more information.
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platform. On the evening of Tuesday, May 10 1994, staff at a home on Granno Street in the regional Victorian
town of Ararat served up dinner at the usual time of 6pm. The home was a residential care unit for
people with disabilities. The unit's five inhabitants were cared for around the clock
by live-in staff from the Department of Health and Community Services. It was their job to support
and empower the residents to live as independently as possible. But as the staff and residents
gathered around the dining table to eat their dinner together, one chair remained empty.
The cheerful and gentle fifth resident of the unit, 41-year-old Lindsay Jellett, was
nowhere to be seen. Lindsay Jellet was a creature of habit.
Shortly before 4 o'clock that afternoon, he asked the staff at Grano Street for permission
to go for his daily walk. This was Lindsay's favourite part of the day, the only time he was
free and unrestricted. Although it was rare for Lindsay to be late, he loved food and his carers
were sure he'd be back before long. They put his plague in the microwave so they could
reheat his dinner as soon as he showed up. But by 6.30 there was still no sign of Lindsay. His
carers checked his bedroom and the backyard in case he'd returned without them noticing. One of
the staff drove around the streets on the lookout but had no luck finding him. By seven
o'clock, they were really worried. It was dark and cold outside and Lindsay had never come home
this late. The police were promptly called. Lindsay was last seen by Grano Street staff at 3.45pm as he set off for his afternoon
walk.
While a traumatic head injury at the age of two had left Lindsay with cognitive disability
and developmental delays, he was more than capable of navigating his daily routine.
He could shower, feed and dress himself.
He couldn't read or write, but he could communicate coherently, count to 30,
and knew the value of money to $10. Lindsay particularly loved walking to a nearby golf
course where he'd collect lost golf balls and bring them home to clean and give to his friends.
His other favourite walk was to the main street of town. Lindsay had a sweet tooth and he'd
spend his $5 daily allowance on cigarettes, coffee, Coca-Cola and biscuits. One of his legs was shorter
than the other, so he tended to shuffle along slowly, often stopping to talk to people in the
streets. In the first few months of living at Granow Street, Lindsay
walked so much that he wore out several pairs of shoes. He walked for hours each day, but
was always home in time for dinner. With Lindsay now failing to return home, time
was of the essence. It was a frosty, rainy night and he was ill-prepared for the weather,
having left home in just a pair of trousers and a blue fleece top. Adding to the urgency was the
fact that at 8 o'clock each night, Lindsay took the drug Tegretol to treat his epilepsy. A missed
dose could put him at risk of a seizure. As luck would have it, the Ararat branch of the State Emergency Service were in the middle
of a training session and could be deployed immediately to help police with the search.
They were advised that Lindsay was timid and there was a possibility he might hide if approached
by someone he didn't know.
Search units scoured the town by car and on foot,
with the SES truck driving slowly along the back roads using a search light to sweep the
surrounding paddocks and farms. Sheds and outbuildings were checked in case Lindsay
was seeking shelter from the bad weather. But he was nowhere to be found. The following morning of Wednesday May 11,
police narrowed in on Lindsay's home. They rechecked the residence and the surrounding area
just in case he'd returned and was too frightened to come inside because he knew he was late.
Yet there was still no sign of him. All available crews from police stations in
neighbouring towns joined the search, with the air wing dispatched to search overhead.
With no reports coming in about a lost or disorientated man, police contacted all the
local radio stations to broadcast Lindsay's details so the entire community would know to keep a lookout.
A local farmer heard the reports and set on a drive around the roads that boarded his property.
As he made his way along Down Road, a dirt stretch roughly two kilometres northeast of Lindsay Jellett's home, the farmer saw what looked like a white running shoe on the
grassy verge at the side of the road. He kept going, but the image of the shoe worried him.
He did a U-turn and drove back towards it. As he approached, he realised there were actually two
shoes. The farmer pulled over on the opposite side of the road and got out of his car. Lying on the
grassy verge was the body of Lindsay Jellett. Lindsay's blue fleecy top was pulled up,
exposing his thin white torso, which was stained with a liver-coloured patch of congealed blood
under the skin. His eyes and mouth were half open,
his left cheek grazed, and his nose unnaturally bent. While his belt was still buckled,
it had been melted apart on the left hand side. His white running shoes were still on his feet,
but the right one was crushed, its sole bursting from torn stitching.
one was crushed, its soul bursting from torn stitching. Three packets of cigarettes and a cigarette tin lay next to his body with a five dollar bill discarded at his right elbow.
Nearby was an empty beer can. It appeared as though Lindsay Jellett had been struck by a car.
Not only were there obvious crush injuries to his legs and torso,
tyre tracks in the dirt road led straight to his body. But as soon as the crash investigators
arrived from Melbourne, they knew this wasn't a standard hit and run. There are six elements
that correlate with this type of impact. The first three are injuries to the shins, hip and head,
as the victim strikes the vehicle's bumper bar, bonnet and windscreen or roof. Then there's the
scene itself. Blood from the victim, as well as some trace of the car involved, such as broken
glass or paint flakes, are expected to be found. The sixth element is that the victim is usually
shoeless. It is a little known phenomenon, but when people are hit by cars they are generally
knocked clean out of their footwear. In fact, the crash investigators had never attended a
hit and run where the victim was still wearing shoes.
A cursory examination of the scene showed that none of the six elements were present.
Furthermore, Lindsay's body was arranged too neatly by the side of the road.
If he'd been hit by a car while walking, his body would have been flung and landed awkwardly. His top being pulled up
also indicated that someone had gripped him under the arms and dragged him along.
This was supported by marks in the road, with two parallel lines appearing to have been made by the
heels of Lindsay's shoes. Lindsay might not have been hit by a car, but from his injuries it was obvious that he had indeed
been run over. He had abdominal bruising consistent with a car tyre and the lower parts of his legs
had severe crush injuries. There were smears of grease on his body and clothing as well as
burn marks where he'd come into contact with the hot exhaust section
underneath a vehicle. Yet, the lack of blood at the crime scene intrigued investigators.
This indicated that Lindsay was already dead when his body was run over. A lack of bleeding confirmed this theory. Marks in the dirt showed that Lindsay
had most likely been dumped from a vehicle before being dragged to the side of the road and then
run over on the verge. Fibres consistent with his trousers were found near the drag marks,
and there were acceleration scuff marks alongside his body. The resulting spray of gravel
coupled with the tyre tracks indicated that a vehicle had reversed to where Lindsay's body lay
and then backed right over him, twice. After running over Lindsay, the car then turned around
and headed in the direction of Ararat. The pathologist conducting Lindsay's autopsy
couldn't determine what had caused his death. Given Lindsay's history of epilepsy, she considered
a syndrome known as sudden unexpected death in epilepsy or SUDEP. This is where an otherwise
healthy person with epilepsy dies prematurely, typically in their sleep. In cases of SUDEP, a post-mortem
examination shows no cause of death. Sometimes there are signs that a seizure has occurred,
such as the individual losing control of their bladder, but Lindsay's autopsy showed that his
bladder was full. Furthermore, if Lindsay had died from SUDEP, it didn't explain why someone
would drag him to the side of the road and run him over with a car. Crash investigators sought
to identify the type of car that had run Lindsay over. The owner of a local tyre shop agreed to
accompany police to the scene. Upon seeing the tracks, he was certain they'd been made by
Bridgestone Eager S340 tyres. Smears of red fluid on Lindsay's white running shoes were suspected by
one investigator to be automatic transmission fluid. If he was correct, this meant police were
looking for an automatic car, probably an older model which would be more likely to leak.
Leaking transmission fluid didn't necessarily drip out. Instead, it formed a film over the
car's transmission pan located in its undercarriage. The fluid could have been transferred to Lindsay's
shoes when the car ran over him. The fact that Lindsay's body was smeared with black grease also suggested
an older car. Slowly but surely a picture of the wanted vehicle emerged, an automatic,
older-style car with Bridgestone Eager S340 tyres. If the vehicle had left traces on Lindsay,
then he'd likely left traces on the vehicle.
The only problem was that the evidence would largely be underneath the car,
rather than obvious visible damage to the car's exterior.
Detectives began looking into Lindsay's life for clues as to who could be responsible.
By all accounts, Lindsay Jellett was a harmless and friendly man who was well known and well
liked in his community.
The more the detectives learnt about Lindsay, the harder it was to imagine why anyone would
want to kill him.
They did a door knock of the houses surrounding Lindsay's, many of which housed residents with disabilities,
but no one had a bad thing to say about him. On the afternoon that Lindsay's body was discovered,
a roadblock was organised on Granow Street for the same period of time that Lindsay went missing,
with detectives stopping all cars to ask if anyone had seen Lindsay walking the previous day.
cars to ask if anyone had seen Lindsay walking the previous day. Greno Street is one thoroughfare through Ararat and 4pm is a change of shift time for workers
for the local prison and railway as well as health and community services staff.
One man stopped at the roadblock knew Lindsay by sight.
He told detectives that at around 4pm the day before, he'd seen Lindsay
climbing into a car that was parallel parked to the curb a short distance away from his house.
It was an older model brown coloured sedan with a red LPG gas sticker on its number plate.
The man had caught a glimpse of the driver. It was a middle-aged woman with dark hair who he
didn't recognise. This description immediately gave investigators pause.
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content. In 1955, when Lindsay Jellar was two and a half years old, his mother was pushing him and
his twin sister along in a pram. As she edged the pram out between
two parked cars, a truck suddenly struck the front of it. The force of the collision threw
Lindsay heavily onto the road. While his twin sister Judith was unhurt, Lindsay suffered
severe brain damage and was in a coma for nine weeks. By the time he was finally allowed to return home
from the hospital, his behaviour had changed significantly and his parents struggled to
control him. He was eventually diagnosed with epilepsy and an intellectual disability.
When Lindsay was seven, his parents made the difficult decision to place him in a living care facility.
They visited him often, and he was occasionally allowed home.
In time, Lindsay grew into a gentle and loving man.
He'd pick flowers from the garden to give to visitors, and was always quick with a hug
and a joke.
When Lindsay's parents passed away, his twin sister Judith became his closest living relative.
Even though she had her own health problems and priorities in life, Judith always made time to
visit her brother. She'd often take her four children with her, making the four hour round
trip to Ararat from their home in the suburb of Melton. They take Lindsay out to lunch or to
visit a museum or park. Judith bought Lindsay clothes and anything else he needed, treating him
to chocolate, lollies and sweet drinks. While the drive there and back with a car full of kids was
gruelling, it was never a chore. A friend of Judith said she had more patience,
love and understanding for Lindsay than she did for her own children.
In late 1993, the facility that Lindsay had lived in for 20 years was shut down as part of the
Victorian government's commitment to move residents from institutions
into the community.
Lindsay made the move to the Greno Street residential unit, where Judith continued to
visit every month or so.
On Tuesday May 10 1994, Judith scheduled a one o'clock meeting with Greno Street staff,
followed by a three o'clock meeting with support staff
from a nearby organisation that ran a day program Lindsay attended.
She did this every so often to check how her brother was doing.
Judith picked Lindsay up at 11.30am, then took him to the Ararat RSL to play the pokies.
After having lunch together, they headed to Lindsay's Grano Street unit for
their one o'clock meeting. The staff told Judith that her brother's epilepsy was under control,
but that he should avoid beer in case it triggered a seizure.
Beer wasn't really an issue with Lindsay. He mainly drank coffee or coke.
With an hour to kill before their next appointment,
Judith took Lindsay to the shops to buy him a couple of things. Then they attended their 3pm
meeting, after which Judith dropped Lindsay back at Grano Street at around 3.40. She bid Lindsay
goodbye, just as he was preparing for his afternoon walk. Before leaving, Judith left some treats in
her brother's bedroom for him to enjoy later. When Lindsay was reported missing later that evening,
his carers attempted to call Judith at her home in Melton, but there was no answer. They left her
a message and she called them back at 8pm. They informed to Judith that Lindsay
hadn't returned home after his walk. She shared their concerns but offered a simple explanation.
She'd given Lindsay $25 that afternoon. It might have been possible that he was spending it in town.
Fifteen minutes later, Judith called back having just remembered a
significant incident. Years prior, Lindsay had run away and was found wandering down a highway
into Melbourne en route to Judith's home. She recommended that the search party keep an eye
out for him on the outskirts of town and along the railway lines, before asking if it was raining.
Her voice was tinged with worry when she remarked,
He doesn't have his coat with him. When Lindsay was found to dead, detectives paid
Judith a visit in Melton. Having already been delivered the news, she was visibly upset,
but she managed to tell the
detectives about her final encounter with her brother the afternoon prior. She detailed their
lunch, errands, and meetings before recalling one notable moment. While in town, Judith ducked into
a pharmacy, leaving Lindsay waiting outside. When she came out, Lindsay was talking to
a woman parked in a battered old van. He told her that he'd just won money at the pokies.
To the detectives, this was a solid lead. Could Lindsay have been targeted by someone who
thought he might be in possession of some winnings.
Wondering whether drugs or alcohol could have also played a role in Lindsay's death, the
detectives asked Judith about the medications her brother had been taking.
As far as Judith knew, the only thing Lindsay took was his anti-seizure medication, Tegretol.
In regards to the beer can found near Lindsay's body,
Judith said she didn't think her brother really drank beer. He had done so on occasion, but it
left him sleepy. But there was one incident that raised Judith's concerns. A few months earlier,
Lindsay had been visiting Judith when she ducked across the road to visit
a neighbour. When she came back, Lindsay said he was tired and didn't feel well.
He went to lay down, telling his sister he was having a fit. She took his pulse, but it was normal.
Judith called one of Lindsay's carers who advised her to roll him onto his side,
but by this time Lindsay appeared to be sleeping. The carer assured Judith he was probably fine,
but when he wouldn't wake up after 20 minutes, Judith called an ambulance.
After the paramedics took him away, Judith noticed a drawer had been opened in her bedroom,
and she wondered if Lindsay had taken some of her medication.
Judith suffered from chronic back pain and a litany of other health problems,
for which she kept a wide assortment of medication in her home.
Detectives had noticed this for themselves, as hundreds of bottles of medicine lined her shelves.
had noticed this for themselves as hundreds of bottles of medicine lined her shelves.
Judith said she'd rang the hospital and shared her suspicion that Lindsay might have taken Valium or painkillers. The doctors gave him an antidote for Valium, after which he was fine.
For detectives, this was another interesting lead.
They wondered if Lindsay had a habit of taking medication that
didn't belong to him. Judith told the detectives that on Tuesday May 10, she left Grano Street
just as Lindsay set off for his afternoon walk and she didn't see him again after that.
But detectives were curious about this. The witness who claimed to have seen Lindsay
climbing into a car at 4pm a short distance from his house had described the driver as looking
exactly like Judith. The car they'd described, an older model brown coloured sedan with a red LPG
sticker on its number plate, also looked just like her vehicle.
Detectives had given Judith's car a once over when they saw it parked in her driveway.
It was a two-tone brown 1982 Ford Fairmont Ghia sedan with a red sticker on the number plate
to show that the car had been converted to gas. It also had Bridgestone Ega S340 tyres, the same type
identified at the crime scene. A cursory look over the vehicle revealed no obvious fresh dance or
signs of recent damage. Judith told the detectives that on the drive home from visiting Lindsay,
her car overheated and she had to park by the
side of the road for 30 or 40 minutes while the engine cooled down. She arrived back in Melton at
7.20pm. After collecting her young children from the babysitter, Judith drove to the local petrol
station, filled her car and took it through a car wash. She said she always did this after visiting
Lindsay. This was another red flag for detectives. The trip that should have taken just over two
hours had taken Judith three hours and twenty minutes. Not only was Judith the last person to
have seen her brother alive, there was an unaccounted for period
of time in her journey home. Police impounded Judith's car and took it to the Forensic Science
Centre for a thorough examination. As was expected of a car that age, the undercarriage was covered
in dirt, grease and oil, plenty of sources that could have caused the smears on Lindsay's
body.
The automatic pan was also leaking and covered in a film of automatic transmission fluid.
Near the front and rear driver's side wheels, examiners found spots of blood.
Caught in a screw head and in various other sections of the undercarriage were fabric fibres.
Several fabric impressions were also visible in the grease and dirt from the front end to the rear,
and a burn mark on the engine pipe was consistent with the melting of Lindsay's belt.
Police had no doubt about it. This was the car used to run over Lindsay Jellard.
Although this was concrete evidence that tied Judith to the crime scene, Lindsay's autopsy
revealed he'd already been dead at the time he was run over. Therefore, it didn't necessarily
mean that Judith had killed him.
Detectives began examining Judith's timeline from the day her brother had died, starting with the pharmacy in Ararat she already told them she'd visited.
Enquiries revealed Judith had filled a prescription for Rehipnol,
a powerful sedative only offered to those with severe insomnia.
With the postmortem proving that
Lindsay was dead before he was run over, detectives wondered whether his sister could have poisoned him
with an overdose. The contents of Lindsay's stomach showed that he was killed within 60 to 90 minutes
of eating a substantial meal. Due to digestion, it wasn't possible to tell what he'd eaten.
Judith said she'd taken Lindsay to lunch around midday and then for ice cream around 2pm. However,
the food in his stomach could only have been consumed after leaving for his walk.
Police canvassed eateries in town, but no one remembered seeing Lindsay at that time.
It was possible Judith had given him some food herself. Had she done so, as soon as Lindsay got
in the car, his time of death could have been as early as 5.30pm. When the results of Lindsay's
toxicology tests came back, they showed two drugs were found in
his system. The first was his anti-seizure medication, Tegretol, which was as expected.
But surprisingly, the other wasn't Rehipnol. It was Noctek. Noctek is the commercial name given
to chloral hydrate, a powerful hypnotic prescribed by
doctors to treat insomnia or calm patients before a surgical procedure.
It can be dangerous because the treatment dose is close to the toxic dose.
The problem was that the amount found in Lindsay's system was listed as a therapeutic dose.
In other words, there was not enough in his system to kill him. The amount found in Lindsay's system was listed as a therapeutic dose.
In other words, there was not enough in his system to kill him.
The detectives wondered if the Noctek could have reacted with the Tegretol Lindsay was
taking for his epilepsy.
Medical advice suggested that these two drugs should not be taken together.
Small traces of alcohol were also found in Lindsay's system, another substance
that shouldn't be mixed with these medications. Detectives wondered whether the combination of
Tegretol, alcohol and Noctek could have been toxic. And if Judith was responsible, did she
give her brother alcohol on purpose only hours after his carers told her
it could cause a seizure? To make things more complicated, it couldn't be said with certainty
that Lindsay had consumed alcohol. When bodies begin to decompose, they produce alcohol as part
of the natural decomposition process. The empty beer can found near Lindsay's body was tested,
but it revealed no traces of Noctek or any other drugs.
Enquiries at Grano Street showed no residents were prescribed Noctek,
meaning Lindsay couldn't have accessed the drug at home.
Detectives asked local pharmacists to go back through their records, but there had been
no prescriptions written for Noctek in the last two years. There was little chance Lindsay could
have come upon their drug by accident. Police confiscated hundreds of bottles of medication
from Judith's home, but found no sign of Noctek. They drove across town and visited
medical clinics near where Judith used to live. One doctor recalled prescribing Noctek to one of
Judith's children five years earlier when they were having trouble sleeping. The police visited
local pharmacies and found the chemist who had dispensed the Noctek prescription to Judith.
It was the break they were looking for.
Now they had the proof that Judith filled a prescription for Noctek and even though
it wasn't found in her house, it was clear from the volume of medications scattered all
around that she didn't throw anything away. The detectives theorised that Judith could
have given her brother food or drink laced with Noctek and waited until he passed out.
She could have then smothered him with something soft like a pillow which would have left no trace.
An eminent forensic pathologist also said that the Noctek combined with Lindsay's Tegretol
could have stopped him breathing. Then, either to make it look like an accident,
or to make sure she'd finished the job, she ran him over. Twice.
Although this seemed like a solid theory, without hard evidence detectives knew they'd have a hard time proceeding
with charges against Judith. Yet one major question still remained. Judith appeared to be
a loving sister who had always been there for her twin brother. What reason could she have to want Lindsay dead?
Casefile will be back shortly.
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Speaking with staff at Lindsay's Granno Street Unit, a motive emerged. Two years after the
accident that irreversibly changed the course of Lindsay's life forever, the truck driver who hit
the pram faced court. The judge took pity on the plight of the Jellet family and awarded Lindsay 15,000 pounds. At the time, that was a small fortune,
enough to buy four or five houses. The judge ordered that the money be invested for Lindsay's
future use. By 1994, the original award of 15,000 pounds had grown into a significant nest egg in excess of $120,000.
An examination of Lindsay's financial records revealed that in recent years his trust fund
balance had dropped from $128,000 to $107,000. This depletion was due to the fact that Lindsay
had moved out of government care and had bought into the Grano Street unit. A clerk from the trust fund had written a
letter to Judith, explaining, "...I have recently reviewed Lindsay's file and have noted a rapid
depletion of his funds, particularly in the past six months. This rate of depletion is such that the capital is eroding and will continue to do so even
if his funds only make payment of the service charge and household expenses for Grano Street.
I have enclosed a financial statement which shows the expenditure for the previous seven
months.
Could you please contact me at your earliest convenience to discuss this matter?"
Detectives contacted the clerk who said that Judith had complained in response.
She said that she visited Lindsay every five to six weeks, during which she was forced to buy
him everything he wanted using money from his account. If she didn't, Judith said that Lindsay
became very aggressive and would steal instead. Judith told the clerk that Lindsay's demands had
become worse since he'd moved to Greno Street and that was why her requests for reimbursements
had drastically increased. With dire predictions about Lindsay's rapidly depleting trust fund, the clerk's memo
was dated three weeks before Lindsay was killed. With Lindsay's death, his money would pass to his
next of kin. His sister, Judith. Although the forensic examination of Judith's car proved this was the vehicle that ran Lindsay
over, it didn't prove that she was behind the wheel at the time. Detectives set out to discover
if anyone else had access to the vehicle. Judith stopped cooperating with the police, but she told
family and friends she had her own suspicions about who
was responsible. After arriving home from visiting Lindsay on May 10, Judith claimed that her ex-husband,
Iliar Kifryuk, must have taken her car from the driveway and driven it to Ararat.
Police went to speak with Iliar, who explained that he'd met Judith six years earlier after
migrating to Australia from Romania in 1987. The pair married a year later and he moved in with
Judith, but it was an odd arrangement. As soon as Iliar moved in, Judith told her older son,
Greg, to move out. Greg began sleeping in his car in the front yard of
the house. A week later, social security stopped Judith's pension payments so she told Iliar he
would have to move out again. Iliar knew Judith was still seeing her ex-husband. She had retained his surname, Gengiz, but when she told Iliar she
was pregnant, he accepted responsibility when she said the child was his. They split up shortly
after the child was born, but Iliar agreed to pay child support of $183 per week. Iliar didn't understand the Australian court system, so he signed any papers Judith gave
him without question.
Iliar continued to pay for anything Judith needed, but it was never enough.
She rang him so often at work that his employer complained.
The calls were always about money. When Iliar came to visit
his child, the fridge was always bare and he would buy groceries. Judith was nice to him at
Easter and Christmas so he would come over and buy all the children's gifts and stock the cupboards.
Iliar claimed that on the day Lindsay went missing, he'd been sent home early from work
with an infected tooth and had gone straight to the dentist for a lengthy appointment.
His alibi checked out, but the police already knew there was no weight to Judith's claim that Iliar
could be responsible for her brother's death. By the time she'd returned to Melton, it was 7.20pm and Lindsay
had already failed to return home from his walk. By casting suspicion on Iliar, Judith inadvertently
revealed a bombshell. Iliar told the detectives that four months earlier, Judith had invited him
to her place for dinner. He'd felt fine
at the time, but the next day he felt so sick that he spent nine days in hospital. The doctors
suspected he had some type of poison in his system, but they weren't sure what type.
Iliar was a bit vague on the details because Judith had been the one talking to the doctors
on his behalf. Now speaking to the detectives, he was certain that Judith had put something in his
food. According to Iliar, Judith treated Lindsay's money as though it were her own.
She kept receipts for her own groceries and car expenses and claimed
them from Lindsay's account every month. This could be anything from $500 to $1,000. When the
care facility that Lindsay had lived in for 20 years closed down, she was angry that Lindsay
had to spend $17,000 from his trust to pay to live in the residential
accommodation on Grano Street. Had he been on a pension, the government would have given him
a place to live for free. Not only was there a buy-in cost, but there was a weekly cost of $60 as
well. Everything Judith bought for Lindsay, from clothes to sweets, was purchased with
his own money. Judith talked to Iliar about bringing Lindsay to live with her at Melton.
She said the government would pay her $300 per week to look after him and she could use his money
to buy her house from the housing commission. The only catch was, she wanted Iliar to do the actual caring for Lindsay.
Judith did a test run and brought her brother home a couple of days before Christmas.
But it didn't work. She returned him to Grano Street by Boxing Day.
In that time, she used Lindsay's money to buy presents for her children.
Detectives asked Iliar if Judith had been in the habit of washing her car after driving to Ararat
to visit her brother. Iliar had gone with Judith half a dozen times. She had never washed her car
once. As for the Noctek, Iliar knew all about the syrup Judith gave her children at
night. The last time he'd seen it happen was on the New Year's Eve just past. Iliar had arrived
at Judith's house at 10pm so he wouldn't be alone for the occasion. The lights were on but her car wasn't in the driveway. He went inside only to find Judith's
small children asleep in the house alone, with Judith nowhere to be seen. She returned home
around 1am, saying she'd just popped out to play the pokies. It wasn't the first time something like this had happened. Iliar said,
Judith gave the children syrup to make them sleep. I don't know what this syrup is called,
but I saw her give it to them. If these revelations weren't significant enough,
Iliar then dropped another bombshell. He told detectives that
Judith had illegally purchased a blank prescription pad for $100 and could write herself any prescription
she wanted. Police spoke to Judith's eldest son, 24-year-old Greg, who confirmed that
his mother had always spoken of Lindsay's money as being
hers after he died.
Greg had found out about Lindsay's death from a neighbour rather than his mother.
He assumed she was too upset to call him.
When he did speak to her, Judith allegedly told Greg that when she visited Lindsay on
the day he died, she had taken him for a drive
around the dirt roads of Ararat. At one point, she stopped so that Lindsay could relieve himself
on the side of the road. Judith hadn't mentioned this when she gave her original account to the
police. The detectives suspected she was trying to lay the groundwork for explaining why her
tyre impressions were on down road. Greg was also candid about a phone call with his mother where
she talked about washing her car. She apparently said to him,
You know I always wash the car and under the car after I have been to see Lindsay.
car and under the car after I have been to see Lindsay." Greg told the detectives,
"...it was as though she was asking me to confirm this over the phone. I thought this was unusual.
I know that she washes her car, but I have never seen her wash under the car."
Greg said it was impossible that anyone could have stolen his mother's car to drive it to Ararat and kill Lindsay. He had recently fitted an alarm to it, which operated automatically once
the key had been removed from the door.
After four months of gathering evidence, detectives felt they finally had enough to present their
case to the Department of Public Prosecutions.
But they still faced a challenge.
From a legal standpoint, because the cause of Lindsay Jellett's death couldn't be determined, it would be legally difficult to convict Judith Jen Giz of killing him.
As such, when Judith was charged with murder and the committal hearing went ahead in Ararat,
the magistrate threw it out of court.
Normally, a person goes through a committal hearing and then is sent to trial.
But another option is for the Crown to present them directly to trial without testing the
evidence at a committal hearing. After much discussion, this is what the Office of Public
Prosecutions decided to do. Judith was recharged with murder and summoned to trial.
murder and summoned to trial. However, in a major blow to the prosecution, the judge ruled the Noctek evidence as inadmissible. While Judith had purchased the Noctek on three separate occasions
in 1989, he ruled that there was no evidence to suggest she was still in possession of it five
years later, despite the fact that she had hundreds of bottles of medicine in her house
from years earlier. The judge ruled that if the jury knew that Lindsay had therapeutic doses of
Noctek in his system, they would assume that it was part of a plan to kill him. This, according to
the judge, could not be established. The possibility couldn't be ruled out that Lindsay took the
medication from somewhere and administered it to himself. Based on the evidence, the judge had no
doubt that Lindsay was already dead when his sister allegedly ran him over. What was unclear
was where and when his death had occurred. Judith's lawyers argued that Lindsay could have died
following a seizure or from SUDEP. But as the prosecution pointed out, if Lindsay had died
from natural causes, why would Judith go to the trouble of dragging his body to the side of the
road, running him over, fabricating a story and lying to the police.
The only logical conclusion they argued was that Judith believed Lindsay was still alive
at the time.
Without knowing for sure how Lindsay had died, the judge ruled that the murder charge be
thrown out in favour of a charge of attempted murder.
This meant that if the jury were convinced by the evidence under the car and Judith's
motive to inherit her brother's money, they only had one option – to convict Judith
of the attempted murder of a dead man.
And that's what they did.
Judith Genghis was declared guilty of attempted murder and sentenced to 10
years with a six-year non-parole period. Judith appealed against both conviction and sentence.
Her lawyer argued that the judge should have thrown out the attempted murder charge
since the only thing the Crown could prove Judith did was run Lindsay over, but he was clearly dead when this happened.
In June 1997, three Supreme Court judges rejected Judith's appeal, with one concluding, quote,
"...the deceased was vulnerable.
He had been brain damaged as a young child. He trusted the applicant.
She, however, being concerned that the fund invested on behalf of the deceased was dissipating
steadily, was determined to obtain possession of it. The applicant was prepared to kill to satisfy her greed. She did everything possible to affect her end.
The evidence is that had her brother not been dead when she drove her car over him,
he would have died as a result. She has shown no remorse.
Judith Genghis was released from jail in February 2002 after serving her minimum sentence.
Two years later, an application was made to the Masters Fund that held Lindsay Jellett's
money.
Surviving relatives agreed among themselves as to how the money would be divided.
Who got what is sealed in confidential court records.
When Judith was first being questioned about her brother's death, she told detectives she'd
seen him talking to a woman about his recent winnings on the pokies.
She'd framed it in a way that sounded somewhat sinister, when in reality the woman Lindsay
was speaking to was the former employee of a local kiosk.
With his love for biscuits and his addiction to cigarettes, Lindsay had been a frequent customer,
and the woman liked him from the moment they met. He was always happy and very friendly.
On the day Lindsay died, she had been in the main shopping centre of Ararat when she heard Lindsay
call to her. They got chatting and he told her that he'd had the best day ever because he was
out with his sister. Lindsay's gravestone says just one thing about him. Cherished twin brother of Judith.
Judith passed away in 2017. She was buried alongside Lindsay, their shared gravestone declaring, MUSIC With the FIZ loyalty program, you get rewarded just for having a mobile plan.
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