The mother of a council member accused of murdering his stepfather said her partner had a “controlling and abusive” hold on the family, a court has heard.
Gold Coast Councilor Ryan Donald Bayldon-Lumsden, 30, was charged with murder after the body of Robert Malcolm Lumsden, 58, the de facto partner of Bayldon-Lumsden’s mother, Katrina Bayldon, was found at their home in Arundel on August 23.
Prosecutors will allege Mr Bayldon-Lumsden placed his stepfather in a fatal stranglehold following an argument between the couple.
It will also be argued that the history between the two men was the motive for Mr Bayldon-Lumsden to kill his stepfather.
Gold Coast Councilor Ryan Donald Bayldon-Lumsden (right), 30, was charged with murder after the body of Robert Malcolm Lumsden, 58, the de facto partner of Bayldon-Lumsden’s mother, Katrina Bayldon (left, with her daughter Ruth) found it. found at their home in Arundel on Aug. 23
The councillor’s mother, Ms Bayldon, wrote in an affidavit to the court that her partner, Mr Lumsden, had been in control of their family for many years.
Judge Lincoln Crowley on Thursday referred to Ms Bayldon’s affidavit as he granted bail to the alderman.
“Suffice it to note that she confirms the controlling, coercive and abusive nature of the deceased in the domestic violence relationship of all family members and that he made life at home quite unpleasant and the household was not a happy family home.” he said.
“He (Mr Bayldon-Lumsden) told police that his stepfather was controlling, manipulative and abusive, and had been for years,” Judge Crowley said.
Bayldon-Lumsden did not appear in court on Thursday.
Prosecutors will allege Mr Bayldon-Lumsden placed his stepfather in a fatal chokehold following an argument between the couple
Emergency services were called just after 3pm to the Chifley Place home in Arundel, where Mr Bayldon-Lumsden lived with his mother, stepfather and half-sister Ruth, following an alleged ‘breakdown’.
Responding officers performed CPR on Mr Lumsden but he was pronounced dead at 3:50pm.
Mr Bayldon-Lumsden was taken into custody wearing a forensic suit and spoke to police for nearly three hours with no lawyer present.
It is alleged that Mr Lumsden repeatedly threatened to report the councilor for misconduct for taking confidential council files home if he left the house.
Mr Bayldon-Lumsden had googled self-defense for manslaughter two days before the murder, the court was told.
His Google history showed that Mr Bayldon-Lumsden clicked in the space of six minutes on a story about alleged Gold Coast cyclist Christos Panagakos, who was acquitted in March of the shooting of his ex-girlfriend Ivana Jovanovic.
He then examined whether you could be jailed for killing someone in self-defense, the court was told.
His lawyer, Craig Eberhardt, said the prosecution would have to prove there was intent to kill Mr Lumsden and that police were ‘holding’ the Google searches as evidence.
The court was told that Mr Bayldon-Lumsden had no criminal history.
Robert Lumsden was allegedly murdered by his stepson. Image: included
Eberhardt filed a bail application with the Brisbane High Court on behalf of his client on Thursday.
Mr Eberhardt said his client’s life was effectively controlled by Mr Lumsden for many years, including the management of his finances, relationships and career.
“He told police his stepfather had controlled, dominated, humiliated, abused and threatened him for years,” Eberhardt said.
The court was told that Mr Bayldon-Lumsden and his stepfather allegedly argued for about two hours in their living room before the couple walked into the kitchen.
Mr Eberhardt said his client, whom he described as a ‘calm, gentle and peaceful man’, had been shoved into the kitchen by his stepfather.
Mr Bayldon-Lumsden is said to have then pushed Mr Lumsden backwards, and he fell to the floor after tripping over their cat’s drinking bowl.
As Mr Lumsden tried to get back up off the ground, his stepson tried to push him back down and the pair both landed on the floor, with Mr Bayldon-Lumsden under the weight of his stepfather.
The court was told that it was during these moments that Mr Bayldon-Lumsden allegedly placed his stepfather in a stranglehold.
Mr Eberhardt said his client “couldn’t perform a proper choke hold” because of the size of his stepfather’s neck, so he used both arms.
The court was told that Mr Lumsden weighed 115.4kg, while his stepson weighed 53.8kg after losing about 7kg in at least a few months, caused by the stress of living with the deceased and the appalling behaviour’.
Forensic teams are at work at the scene of Mr. Lumsden’s death
Mr Bayldon-Lumsden is said to have told police he feared that if his stepfather got up again he could grab the knife on the counter nearby and ‘kill him’.
“He told police he had no intention of killing him, he feared for his life,” Eberhardt said.
If he let go, the deceased would rise and kill him.
“When (Mr. Lumsden) stopped struggling, (Mr. Bayldon-Lumsden) called 911.”
The court was told that Mr Bayldon-Lumsden was trained in martial arts as a teenager and knew how to perform certain chokeholds, having had them performed more than a decade ago.
Mr Eberhardt said his client “had no intention of hurting his stepfather” but simply wanted to stop him from attacking him.
“He had hoped his stepfather would pass out so he could get away and call the police,” he said.
“He accepted that maybe his stepfather passed out and didn’t die.”
The court was told Bayldon-Lumsden performed CPR on his stepfather until emergency services arrived.
Ms Bayldon (center left) was seen outside the courtroom on Thursday
The court was told that Mr Bayldon-Lumsden had previously contacted domestic violence hotlines for advice after becoming concerned about his stepfather’s increased aggression towards him in recent months.
Mr Bayldon-Lumsden claimed his stepfather had ‘repeatedly threatened to kill him if he did not do as he was told’, the court was told.
He is expected to be released on bail from Arthur Gorrie Correctional Center later Thursday.
At an earlier hearing at Southport Magistrates Court, Mr Bayldon-Lumsden’s lawyer, Jason Murakami, said his client intended to plead not guilty.
No formal plea has been filed.
Crown Prosecutor Matt Le Grand opposed the bail application because the DPP ruled Bayldon-Lumsden posed a risk that he would not appear on his next court appearance.
Judge Crowley granted bail on the condition that Bayldon-Lumsden live with his girlfriend and report regularly to the police.
His mother also pledged to post $250,000 bail in order to grant bail.
Mr Bayldon-Lumsden was elected to the Gold Coast City Council in 2020.
Mayor Tom Tate confirmed he had contacted acting Prime Minister Steven Miles about Bayldon-Lumsden’s position as councillor.
It is clear that the outcome of his bail application will determine whether he remains in his Division 7 role.