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Case Study: The Simon Gittany Murder Case

Question 1

The case of Mr. Simon Gittany and Ms. Lisa Harnum would be identified as unlawful Intimate Partner Homicide (IPH), but more specifically as Intimate Partner Femicide (IPF). The term IPH is the killing of a partner who is either a spouse, ex-spouse,

current or ex de-facto partner, boy/girlfriend, ex boy/girlfriend or a partner of the same sex (Carcach & James, 1998). IPF is the IPH of a woman (Campbell et al 2003). IPF is featured in this case as Mr. Gittany and Ms. Harnum were in a de-facto relationship. Mr. Gittany was found guilty of murder of Ms. Harnum as he threw her from the couples 15th floor balcony in Sydney.

Question 2

At time of the homicide Mr. Gittany was 38 years old and an owner of women’s shoe business. Mr. Gittany successful business imported shoes from the United States of America (Ryall, 2013).The success of his business allowed him to afford the luxurious apartment in Sydney which he and Ms. Harnum resided in (Ryall, 2013).

The court psychologist, Ms. Robillard conducted physical and mental health assessments which found no existing related issues with Mr. Gittany (R v. Gittany 2014). The court report stated Mr Gittany grew up in a stable and securing home in the suburbs of Sydney with his parents and five siblings (R v. Gittany 2014). After completing his Higher School Certificate, Mr. Gittany struggled to find secure employment (Ralston, 2013).

Prior to the murder conviction, Mr Gittany was convicted of multiple offences. At the age of 18, he was convicted of assault occasioning actual bodily harm due to assaulting an employer who confronted Mr. Gittany about harassing an ex-girlfriend (R v. Gittany 2014). Police officers attended his home to execute a warrant at which time Mr Gittany assaulted an officer by bitting off part of his ear (Oriti, 2013). He was

later convicted of receiving stolen goods, assaulting and maliciously wounding a police officer on duty (Oriti, 2013). Following these offences Mr. Gittany claimed to have converted to Catholicism, pursuing his goal to enter the life of religion by joining a Catholic Order in France (R v. Gittany, 2014). Not long after returning from religious training, Mr. Gittany was convicted of drug supply (Dale, 2014).

Question 3 A study found during 2011-2012 85% of IPH were committed by males (Bryant & Cussen 2015). Evidence identifies the average age of male offenders was 43 years of age, with 51% between the ages of 25-44 years (Ramsey, 2015). Mr. Gittany’s age correlates with the age range of the study, however as he was 38 years of age, it does not align with the average age of offenders.

Offender characteristics in Carcach & James (1998) found 29.3% of offenders had prior criminal histories. In relation to Mr. Gittany’s case, it was evident Mr. Gittany had multiple prior convictions from the age of 18.

Offenders born in Australia were found to be the vast majority of offenders compared to offenders who were born overseas (Carcach & James 1998). Mr. Gittany’s case reflects this as he was born in Australia and not Lebanon, his parents' birth country.

Evidence from research identifies impulsive acts of offenders causing death was found to be 41.4% (Ramsey, 2015). Evidence from Mr. Gittany’s trail found that

Ms. Harnum attempted to leave their home after ending their relationship. This infuriated Mr. Gittany’s prompting him to act impulsively, causing the death of Ms. Harnum.

Research has found a large majority of IPF involves the use of a weapon, which in Australia 92% of IPF includes the use of a knife or other sharp objects (Ramsey, 2015). Mr. Gittany’s case does not reflect this as no weapon was used to cause the death of Ms. Harnum.

Question 4 Ms. Harnum was 30-year-old Canadian who moved to Australia in 2004 and lived with Mr. Gittany in his Sydney Apartment at the time of homicide (R v. Gittany 2013). While in Sydney, she took up hairdressing, where she worked and studied at the Australian Hair & Beauty near Bondi Junction (R v. Gittany 2013). During her relationship with Mr. Gittany, he encouraged her to stop working which would have had an impact on her feeling she was ‘losing herself” (R v. Gittany 2013, para 24), due to the stop of work.

At the age of 16, Ms. Harnum struggled with mental illness, suffering from bulimia and depression which lead to self-harm by wrist cutting in 1999 (Hayes, 2013). Years later, Ms. Harnum informed a counsellor of the return of her bulimia (R v. Gittany 2013). Ms. Harnum had a very close relationship with her mother who she regularly kept contact with, an older brother, and no mention of a father (R v. Gittany 2013). In the months prior to her death, Ms. Harnum did not have many friends, if any. The only people she kept in contact with was her personal trainer, counsellor and mother

(R v. Gittany 2013). Mr. Gittany prompted Ms. Harnum’s social isolation as he was very controlling of where she went, how she dressed and who she spoke to (R v. Gittany 2013).

Question 5

The average age of female victims is found to be approximately 40 years of age (Ramsey, 2015). Ms. Harnum was 30 years of age when she was murdered, thus this differs from the characteristic’s patterns of victims. 57.7% of female victims were identified as not being in the workforce (Ramsey, 2015). This statistic reflects the circumstances of Ms. Harnum as she was not working prior to and at the time of her death. Evidence highlights that 68% of female victims are likely to be younger than their offender (Mouzos & Rushforth, 2003). This aligns with this case as Ms. Harnum was 8 years younger than Mr. Gittany.

Research indicates that 62% of female victims are born in Australia (Carcach & James 1998). This research does not align with this case as Ms. Harnum was born in Canada. Research found that 68% of victims lived in a major city (Ramsey, 2015). As the residence of Ms. Harnum was in Sydney the research clearly relates to the geographical residence of where Ms. Harnum lived.

The most common act, causing death of a victim was found to be stabbing (Ramsey, 2015). Ms. Harnum’s case does not relate to this research finding as her cause of death did not include the use of a weapon. More than half of victims had some form of contact with police in relation to domestic violence, with majority also having experienced previous victimisation (Ramsey, 2015). During her relationship with Mr. Gittany, Ms. Harnum has not reported any domestic violence to authorities, thus differing this case from statistical findings.

Question 6 A study conducted by Campbell et al (2003) found a highly controlling partner is a risk factor in IPF. Research findings relate to this case as Mr. Gittanys displayed controlling behaviours in his relationship with Ms. Harnum (R v Gittany, 2014). Mr. Gittany would often disapprove of Ms. Harnum’s dress attire, prompting Ms. Harnum to dress to adhere to the standards of her partner (R v Gittany, 2014).

Partners who exert extreme obsessive and jealous behaviours are found to be potential safety risks in a relationship (Brookman, 2005). This case is an example of this as Mr. Gittany displayed obsessive and jealous behaviour. In a bid to assert his dominance on Ms. Harnum, displaying his controlling behaviours, Mr Gittany placed a monitoring program on Ms. Harnum’s phone without her knowledge which monitored all her communications (R v Gittany, 2014). Mr Gittany exhibited extreme jealous behaviours which he later admitted being a jealous partner in court (R v Gittany, 2014).

By monitoring Ms. Harnums communications, Mr Gittany knew of her where she was at all times. An example of this was when Ms. Harnum went to Canada to visit family Mr. Gittany would ring and ask where she was, who she was with, and what she was wearing (R v Gittany, 2014). Another warning sign in the lead up to a homicide is when offenders become increasingly resentful to their partner working, socialising or having independence (McKenzie & Kirkwood,2016). Mr. Gittany’s behaviours reflect these findings as these were warning signs prior to Ms. Harnums death. Mr. Gittany preferred Ms. Harnum to work with his friend without pay as he knew her where she was at all times (R v Gittany, 2014). Evidence from court states that Mr. Gittany has issues with all of Ms. Harnums friends, prompting her to lose contact with her friends.

Question 7 Ms. Harnum informed a number of people of the circumstances of her relationship with Mr. Gittany. Potential guardians who could have taken action to protect Ms. Harnum included her mother Mrs. Harnum, counsellor Ms. Richmond, and personal trainer Ms. Brown.

Ms. Harnum maintained regular contact with her mother, in which text messages provided insight in Ms. Harnum and Mr. Gittany’s relationship (R v Gittany, 2014). Text messages revealed on the night before Ms. Harnums death she told her mother if anything happened to her, she needed to contact her counsellor (R v Gittany, 2014). From that message Mrs. Harnum could have contacted police to express her concern for the safety of her daughter.

Ms. Richmond and Ms. Brown both had knowledge of Ms. Harnum placing some of her belongings in a storage unit (R v Gittany, 2014). When Mr. Gittany gained knowledge of this, he had called Ms. Richmond, abusing and threatening to harm her (R v Gittany, 2014). Both were protentional guardians and had knowledge of the abusive, controlling and fearful relationship Ms. Harnum was in, however neither contacted authorities.

During the attack on Ms. Harnum the next-door-neighbours could have been potential guardians. They stated they heard banging on a door and a woman screaming for help (R v Gittany, 2014). If the neighbours had reacted and opened the door to Ms. Harnum, they may have been able to prevent the incident. All potential guardians did not believe Mr. Gittany committed the crime.

References

Brookman, F 2005. Understanding homicide, Sage, London.

Bryant, W., & Cussen, T. (2015). Identifying the risk of lethal violence (Report No. 23). Canberra: Australian Institute of Criminology

Carcach, C., & James, M. (1998) Homicide between Intimate Partners in Australia. (Report No.90). Canberra: Australian Institute of Criminology.

Campbell, J. C., & Glass, N., & Sharps P, W., & Laughon K., & Bloom, T. (2007). Intimate Partner Homicide: Review and Implications of Research and Policy. Trauma, Violence, & Abuse, 8 (3), 246-269. https://doiorg.libraryproxy.griffith.edu.au/10.1177/1524838007303505

Dale, A. (2014, Febuary 11). Simon Gittany sentenced to at least 18 years behind bars for the murder of Lisa Harnum. News.com.au. Retrieved from https://www.news.com.au/national/simon-gittany-sentenced-to-at-least-18years-behind-bars-for-the-murder-of-lisa-harnum/newsstory/482a902bdff37b3409eddc9e56daadf9

Hayes, I. (2013, November 11). Balcony victim 'struggled with bulimia'. News.com.au. Retrieved from https://www.news.com.au/national/breakingnews/balcony-victim-struggled-with-bulimia/newsstory/f543b2ac0d1b3bb525e2f0d592855f38

Oriti, T. (2013, November 28). Murderer Simon Gittany's violent and drug-dealing past revealed. ABC. Retrieved from https://www.abc.net.au/news/2013-1128/murderer-simon-gittanys-violent-past-revealed/5121836

Mouzos, J., & Rushforth, C. (2003) Family Homicide in Australia. (Report No. 255). Canberra: Australian Institute of Criminology

Ralston, N. (2013, November 28). Simon Gittany went from unemployed petty criminal who bit policeman's ear to a business high-flyer. Sunday Morning Herald. Retrieved from https://www.smh.com.au/national/nsw/simon-gittanywent-from-unemployed-petty-criminal-who-bit-policemans-ear-to-a-businesshigh-flyer-20131127-2yagm.html

Ramsey, S. (2015). Intimate partner homicides in NSW: 2005 to 2014. (Catalogue No. 111). Retrieved from https://www.bocsar.nsw.gov.au/Documents/BB/Report2015-Intimate-partner-homicides-in-NSW-2005-to-2014-BB111.pdf

Ryall, J. (2013, November 28). Simon Gittany guilty of killing Lisa Harnum; Mum says her daughter was 'completely brainwashed'.News.com.au. Retrieved from https://www.news.com.au/what-really-happened-the-murder-trial-of-simongittany/news-story/07587e2c4aa474e3783f9cc561014cf8.

R v. Gittany (2013) No 4 NSWSC 1503

R v. Gittany (2013) No 5 NSWSC 49...