EXCLUSIVE
A Jewish woman who attacked a 7-Eleven customer over an alleged racial slur has walked free despite her victim dying after the fatal fight.
Sarah Franklin, now aged 53, had a four-month prison sentence overturned after a County Court of Victoria judge ruled the sentencing magistrate had no right to jail the criminal.
In a surprise plea deal offered by Victoria Police, Franklin was allowed to admit instead one count of common law assault for the fatal attack.
Two videos showed the moment Sarah Murphy, 52, lost consciousness as Franklin ignored her pleas for mercy at the Caulfield petrol station, in Melbourne’s south-east, on February 8, 2021.
She had been offended by an alleged racist comment from Ms Murphy moments earlier when she allegedly said: ‘Die, Jews!’, the Moorabbin Magistrates’ Court was told last October.
Franklin and her partner Andrea Madigan had gone to the store to get coffee when Ms Murphy appeared to object to a man cutting in front of her.
Shocking images of the attack have been revealed. Franklin pleaded guilty to an assault on common law
An argument ensued before Franklin threw a cup of coffee over her victim.
In harrowing footage captured on CCTV video, Ms Murphy was seen fleeing down an aisle from Franklin before being tackled.
The court heard Ms Murphy bit Franklin as they fell to the ground and struggled with each other.
“Are you calm now?” Franklin asked as she held Mrs. Murphy for two minutes as her legs flailed around desperately.
Video taken by a witness showed Mrs. Murphy repeatedly begging for help as Franklin knelt on her back.
‘I can not breathe!’ she screamed.
‘Help, help me.’
CCTV footage showed Franklin and Ms Madigan grabbing their belongings and leaving the petrol station.
The court heard Ms Murphy lost consciousness during the attack and died days later without ever waking up again.
The women were seen wrestling in the 7-Eleven
A court heard the fight started after victim Sarah Murphy allegedly said: “Die, Jews!”
The two suspects were charged with manslaughter after initially being charged with recklessly causing serious injury.
Those charges were dropped while forensic doctors tried to find out exactly how Mrs. Murphy died.
The court heard the coroner struggled to determine Ms Murphy’s cause of death due to the eight-day delay in receiving her body and a range of pre-existing conditions.
The decision was further hampered by the coroner’s inability to find out whether bruising to Mrs Murphy’s body was caused by Franklin or the paramedics who tried to save her life.
Ms. Murphy had traces of methamphetamine in her hair and also suffered from asthma and other health problems.
When the charges came to trial, they were reduced to common law assault – a charge that carries a maximum penalty of just five years behind bars.
In October, Franklin pleaded guilty to the charge after accepting a new deal from police prosecutors.
The charges against Ms. Madigan were dropped entirely on the same day.
She was charged after allegedly holding Ms Murphy’s arm while her 20-year-old friend held her victim with one knee.
Despite the harrowing images, Attorney General Pranaven Pathmaraj asked magistrate Stephen Lee not to jail Franklin.
Sarah Franklin threw hot coffee on her victim before pinning her down. Last year she tried to conceal her identity at Moorabbin Magistrates’ Court
Andrea Madigan leaves court on October 31 after her charges were dropped
When asked why, Mr Pathmaraj claimed Franklin had led a faultless life before she was racially vilified by her victim.
“Ms Franklin comes to court at her age with no prior convictions, without any prior violent offenses form and of course there is that aspect of this case that she reacts first as a result of apparent racist insults by the deceased,” he said. .
“It essentially explains why someone who has never had any contact with the police before becomes involved in such violent behavior.”
Mr Pathmaraj described the shocking attack as “a few minutes of bad behaviour” in one day.
Magistrate Lee continued to express concern about the prosecution deal that saw Franklin plead guilty on the day she was scheduled to have a contentious trial.
The court heard that prosecutors made the deal on the condition that Franklin accepted that the last two minutes of her attack on Ms Murphy was not self-defence.
Mr Lee pleaded for information about the dead woman, who he heard had been virtually abandoned by her family and society.
Mr Pathmaraj revealed that Ms Murphy had suffered from a variety of mental problems, including borderline personality disorder and schizophrenia.
She had been living alone on a disability pension, was estranged from her two brothers and both her parents had died.
The 7-Eleven gas station in Caulfield (pictured) where the tragic incident took place
Forensic officers are seen at the petrol station after Mrs Murphy was attacked
Mr Pathmaraj said the decision to bring a mere assault charge came down to the fact that he could not prove beyond reasonable doubt that Ms Murphy died as a result of Franklin’s actions.
“(Ms Murphy) arrived at hospital unconscious, but whether she was in that condition as a result of the attack or an underlying condition we cannot say,” he said.
Mr Pathmaraj admitted that Ms Murphy had suffered a ‘terrifying experience’ during her last waking moments.
‘Especially when her calls went unanswered. But apart from that, apart from the emotional impact that can easily be derived from this matter in terms of physical impact of the crime, unfortunately your honor cannot make much of it,” he said.
Franklin’s lawyer Greer Boe insisted the magistrate should not take Ms Murphy’s death into account when sentencing her client.
“There is no evidence that she caused the victim’s death,” she said.
Ms Boe claimed her client had acted in self-defence, even as her victim begged to be released.
She has called for Franklin to be released without conviction on a good behavior bond, saying the attack was a “temporary lapse.”
On Thursday, County Court Judge Michael Tinney overturned Magistrate Lee’s sentence, allowing Franklin to walk free with conviction on a two-year good behavior bond.