EXCLUSIVE
A Jewish woman who attacked a 7-Eleven customer over an alleged racial slur walked free even though her victim died after the fatal fight.
Sarah Franklin, now 53, had a four-month prison sentence quashed after a Victoria County Court judge ruled the sentencing magistrate had no right to jail the thug.
In a surprising plea deal offered by Victoria Police, Franklin was allowed to admit one count of common law assault for the fatal attack.
Two videos showed the moment Sarah Murphy, 52, lost consciousness while Franklin ignored her pleas for mercy inside the Caulfield service station in Melbourne’s southeast on February 8, 2021.
She had been offended by an alleged racist comment from Ms Murphy moments earlier when she allegedly said: “Die, Jews!”, Moorabbin Magistrates’ Court was told last October.
Franklin and her partner Andrea Madigan had gone to the store for coffee when Murphy appeared to object to a man cutting in front of her.
Shocking images of the attack have been revealed. Franklin pleaded guilty to common law assault
An argument ensued before Franklin was seen throwing a cup of coffee at his victim.
In heartbreaking footage captured on CCTV video, Ms Murphy was seen walking away from Franklin down a hallway before she was tackled.
The court heard Murphy bit Franklin as they fell to the ground, struggling with each other.
‘Are you calm now?’ Franklin asked as he continued to hold Mrs. Murphy for two minutes while her legs flailed frantically.
Video captured by a witness showed Ms. Murphy repeatedly calling for help as Franklin knelt on her back.
‘I can’t breathe!’ she screamed.
‘Help, help me.’
CCTV footage showed Franklin and Madigan taking their belongings and leaving the service station.
The court heard Ms Murphy lost consciousness during the attack and died days later without waking up.
The women were seen fighting at the 7-Eleven.
A court heard the fight began after victim Sarah Murphy allegedly said “Die, Jews!”
The two defendants had faced manslaughter charges after initially being accused of recklessly causing serious injury.
Those charges were dropped as medical examiners worked to discover exactly how Ms. Murphy died.
The court heard the coroner had difficulty determining the cause of Murphy’s death due to the eight-day delay in receiving his body and a number of pre-existing ailments.
The decision was further hampered by the coroner’s inability to determine whether the bruises on Murphy’s body were caused by Franklin or the paramedics who attempted to save his life.
Ms. Murphy had traces of methamphetamine in her hair and also suffered from asthma and other health problems.
When the charges returned to court, they had been reduced to common law assault, a charge that carries a maximum sentence of just five years behind bars.
In October, Franklin pleaded guilty to the charge after accepting another deal with police prosecutors.
Ms. Madigan was dismissed outright the same day.
She had been charged after allegedly holding Ms Murphy’s arm while her 20-year-old friend pinned her victim down with a knee.
Despite the harrowing images, Crown prosecutor Pranaven Pathmaraj asked magistrate Stephen Lee not to jail Franklin.
Sarah Franklin poured hot coffee on her victim before restraining her. She attempted to conceal her identity at Moorabbin Magistrates’ Court last year.
Andrea Madigan Leaves Court Oct. 31 After Her Charge Was Overturned
When asked why, Pathmaraj claimed that Franklin had lived an impeccable life before she was racially vilified by her victim.
“Ms. Franklin appears in court at her age with no prior conviction, no history of violent crime of any kind, and of course there is that aspect to this case where she reacts first as a result of apparent racial taunting by the deceased,” he said. .
“This basically explains why someone who has never been in trouble with the police before would engage in such violent behavior.”
Pathmaraj described the shocking attack as “a couple of minutes of bad behavior” in a single day.
Judge Lee continued to express concern about the plea deal that saw Franklin plead guilty on the day she planned to hold a contested trial.
The court heard that prosecutors reached the agreement on the condition that Franklin accept that the last two minutes of his attack on Murphy were not self-defense.
Mr Lee asked for information about the dead woman, who he heard had been virtually abandoned by her family and society.
Pathmaraj revealed that Murphy had suffered from a variety of mental problems, including borderline personality disorder and schizophrenia.
She had lived alone on a disability pension, she was separated from her two brothers and her parents had died.
The 7-Eleven service station in Caulfield (pictured) where the tragic incident occurred.
Forensic officers are seen at the service station after Ms Murphy was assaulted
Pathmaraj said the decision to bring a simple common law assault charge came down to not being able to prove beyond a reasonable doubt that Ms Murphy died due to Franklin’s actions.
“(Mrs. Murphy) arrived at the hospital in an unconscious state, but we cannot say whether she was in that state as a result of the assault or some underlying condition,” he said.
Pathmaraj admitted that Murphy suffered a “terrifying experience” during his final waking moments.
‘Especially when his calls went unanswered. But beyond that, beyond the emotional impact that could easily be inferred from that matter in terms of the physical impact of the crime, her honor unfortunately cannot give it much weight,” she said.
Franklin’s attorney, Greer Boe, argued that the magistrate should not take Murphy’s death into account when sentencing his client.
“There is no evidence that she caused the victim’s death,” he said.
Ms Boe claimed her client had acted in self-defence even as his victim pleaded to be released.
He has called for Franklin to be released on good behavior bail without conviction, on the basis that the attack was a “momentary lapse.”
On Thursday, County Court Judge Michael Tinney overturned Magistrate Lee’s sentence, allowing Franklin to walk free on a two-year good behavior bond with conviction.
