Angus Thompson, Herald Sun, 29/4/16
A JEALOUS husband who repeatedly drove his 4WD over a man he suspected his wife was pregnant to has been jailed for 19 years.
Gavin Fogwell told police he had to kill love rival Adam Moody after running him down up to 10 times at a service station in Deer Park on October 2 last year.
The Melton man, 48, pleaded guilty to murder and has been sentenced to a non-parole period of 15 and a half years.
Supreme Court Justice Bernard Bongiorno described the four to five-minute ordeal in which Fogwell dragged Mr Moody beneath the car as a “heinous crime”.
“You killed an unarmed, defenceless pedestrian,” Justice Bongiorno said.
“Your actions were witnessed by a number of innocent bystanders.”
The court heard Fogwell’s wife had reignited a 20-year-old relationship with Mr Moody in May last year but by October she had moved back in with Fogwell.
Justice Bongiorno said Fogwell remained suspicious of his wife’s fidelity, and confronted the pair at the Caltex petrol station on the corner of Ballarat and Robinson Rd.
A dispute then arose over who was the father of the child with whom Fogwell’s wife was pregnant.
Fogwell got back in his 4WD and began driving menacingly around the petrol-pump area of the service station, finally stopping in front of his wife’s smaller car in an attempt to block her exit.
She and Mr Moody drove around him before Fogwell rammed the car twice as they exited onto the road, forcing their vehicle through a neighbouring fence.
Mr Moody left the car and yelled “You’re f—— dead, c—” before Fogwell struck him with the 4WD and repeatedly drove backwards and forwards, with Moody being dragged underneath.
Mr Moody died from extensive injuries to his chest and head.
Justice Bongiorno said most of the murder was caught on CCTV from inside the service station.
Fogwell later told police: “He’s the only one I had to kill”.
It was argued on Fogwell’s behalf that he hadn’t gone to the service station with the intention of killing Mr Moody.
But Justice Bongiorno said it was likely Fogwell formed that intention as he “became more and more angry”, adding “the brutality with which you killed the deceased is stark testimony” to that.
He said Fogwell, who was exposed to a violent upbringing, continued to justify his actions to a clinician following the murder.
Extracted in full from Adelaide Now.