Bridget O’Toole has no way of describing the pain she feels. It has been a torturous seven years for the 70-year-old of Clyde North since her late husband was murdered at the hands of a dangerous parolee who was high on ice.
She is now suing the state of Victoria for pain and suffering over her husband’s death, saying the chain of events that led to the tragic day should never have happened and believes her husband would be alive today.
“Not in a million years did I think something like this would have happened. It just rocks your world,” she said.
On Friday 12 July, 2013, Gavin Perry, then 26, entered the couple’s Hastings jewellery shop at 5pm, brandishing a 20cm knife, before repeatedly stabbing Ms Toole’s husband Dermot. The couple desperately tried to fight off the drug-addled man but as Ms O’Toole attempted to pull him away from her husband she was assaulted.
The assailant then ran out of the shop, however, Mr O’Toole, 64, was fatally wounded and tragically died at the scene. Ms O’Toole was taken to hospital where she had to undergo plastic surgery for the extensive serious stab and slash wounds and the glass shards that were embedded in her back.
In a statement of claim with the County Court, Ms O’Toole lawyers allege Corrections Victoria were negligent in their duty of care while Perry was on parole and did not “properly assess his dynamic risk of reoffending”.
The claim stated just days before the murder Perry allegedly missed a supervision appointment and committed two armed burglaries at shops in Cranbourne, including one where he was in possession of a large knife. While on parole, he also missed a second supervision appointment in June “without providing evidence for the reason”, the claim stated.
Ms O’Toole told Star News had corrections staff followed their own guidelines her husband of 41 years would not have been murdered.
“I really believe Dermot would be alive and I wouldn’t have been attacked,” she said. “It’s almost like you’re high on ice it’s an excuse for your behaviour, well no it’s not.”
Her lawyers allege case workers “ought to have known” Perry would have relapsed into drug use, and had not inspected his accommodation or tested Perry for drugs while he was on parole.
Shine Lawyers senior associate Cameron Tout said Ms Toole’s claim was “more than compensation” but providing justice and holding “people accountable”.
“To lose Dermot in such a horrific way and thinking that it could’ve been prevented is a tragedy,” he said.
Mr O’Toole was posthumously awarded the Star of Courage in 2017 – Australia’s highest bravery accolades which recognises “acts of conspicuous courage in circumstances of great peril”.
For her actions Ms O’Toole received the 2018 Gold Clarke medal, The Royal Humane Society of Australasia’s highest award for the most outstanding case of bravery. She described her husband as a wonderful man who was a funny, kind and loyal man.
In 2014, Perry was sentenced to 27 years in jail.
