Accused denied parents' cash, The Australian, 13 June, 2003.
Accused denied parents' cash: [1 - All-round Country Edition]
Stapleton, John. The Australian; Canberra, A.C.T. [Canberra, A.C.T] 13 June 2003: 6.
Abstract
Sef Gonzales, 22, has been charged with the murders of his parents, Teddy and Loiva Gonzales, and his 18-year-old sister, Clodine, who were found hacked to death in their Sydney home two years ago.
NSW Supreme Court judge Joseph Campbell yesterday refused Gonzales access to the estate. He said that as a matter of public policy, someone accused of murder cannot inherit from the victim.
Full Text
A STUDENT accused of murdering his parents and sister will be forced to use legal aid after a judge refused to grant him access to their estate.
Sef Gonzales, 22, has been charged with the murders of his parents, Teddy and Loiva Gonzales, and his 18-year-old sister, Clodine, who were found hacked to death in their Sydney home two years ago.
Mr Gonzales had launched legal action against his maternal grandmother, Amelita Claridades, the executor of the family estate, to gain access to the $1.2million inheritance to pay for his legal costs.
But NSW Supreme Court judge Joseph Campbell yesterday refused Gonzales access to the estate. He said that as a matter of public policy, someone accused of murder cannot inherit from the victim.
"The court cannot be satisfied on the present evidence that as a matter of practical certainly Sef will ultimately become entitled to the residue," he said in his judgment.
While stressing that Mr Gonzales had yet to face trial for the alleged murders, Justice Campbell said: "There is a principle of public policy whereby a person who unlawfully kills another person cannot acquire any benefit that arises from the death of that person."
Solicitor Dieb Khoury said Mr Gonzales would appeal against the decision.
"Both lots of his grandparents have refused access to any money which would enable him to defend himself properly," he said. "They could quite easily consent to use some of the estate to fund Mr Gonzales's defence. They are simply refusing to do that."