Ben Batterham was at home drinking with a friend when he saw a man at the entrance to his seven-month-old daughter’s bedroom at 3.20am. The intruder was carrying three knives, and had a previous conviction for rape
A father has spoken out about the moment he saw a convicted rapist coming out of his daughter’s bedroom – and the shock twist that saw him convicted for the man’s murder.
Ben Batterham was celebrating his 33rd birthday at home in Hamilton, Australia, with a friend on March 26, 2016, when an intruder broke into his property. Thankfully, his fiancée, Monique Cameron, and their seven-month-old daughter, weren’t there that night, having gone next door to sleep in Ben’s parent’s house.
As the two men prepared to call it a night at around 3.20am, an intruder – a man named Ricky Slater – entered the property. He was high on drugs, armed with three knives and had a previous conviction of rape. Slater, who had only been released from prison three months earlier, headed for Ben’s daughter’s nursery where he snatched Monique’s handbag.
As he emerged from the room, he was spotted by Ben – and tried to escape. Recalling coming face to face with the man, Ben, an apprentice chef at the time, recalled: “Very big bloke. Standing there. It was more than a shock. I was quite fearful for my daughter, and Monique, and at the time myself.”
READ MORE: Chaos in courtroom as man found guilty of manslaughter – ‘smelly b*****d’READ MORE: ‘Reasonable force’ law explained as dad kills intruder in home invasion crowbar attack
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Asked by 60 Minutes Australia whether his head was “exploding” at seeing the man leave his daughter’s nursery, he admitted: “It was. It was doing backflips. I remember saying ‘hey’ and I’ve jumped up and started to chase him.”
Ben pursued Slater along several streets and called the police before eventually tackling him to the ground in the hopes of making a citizen’s arrest. A violent struggle ensued, and when police officers did arrive on the scene, Ben reportedly told them: “Give me two minutes with him.” He then supposedly added: “I’ll kill the dog.”
According to Ben, the fight consisted of “a few headbuts, a few bites, he tried to snap my thumb back towards my wrist. Quite rough”. He added: “I was yelling. I did strike him a few times. I didn’t have him in a chokehold.”
But, when cops arrived and handcuffed Slater, they realised he was unresponsive. Slater – who had scarring to his heart because of regular drug use, suffered liver disease, and was obese – had suffered a cardiac arrest after the chase, but was revived by paramedics. However, he had another two cardiac arrests in hospital and died the next day.
As a result, Ben was arrested and wrongfully charged with murder after begging cops: “Look, I didn’t do it.” Asked when the gravity of the murder charge sank in, he replied: “I would say when I was sitting on the truck, on the way to prison, like, this is really happening. I had lost my freedom, lost my job, lost my house, normality was just blown away that night.”
Ben spent two months in prison after his arrest before being granted bail. His murder trial took place in November 2019, during which experts found Slater’s death was caused by high levels of meth in his system and an existing heart condition after years of drug abuse. Ben, who has been diagnosed with PTSD, was found to have acted lawfully and was found not guilty.
The jury was not told during the trial about Slater’s lengthy criminal history, including his imprisonment for at least four years in 2009 for raping a teenage girl after pushing his way into her home, and threatening to stab her if she did not keep quiet.
Justice Fagan said Ben should never have been charged with murder, and that a trial should never have taken place. He added: “Having seen and heard the evidence of all the eyewitnesses it does not appear to me that the restraint applied by Mr Batterham was excessive, putting aside the blows he dealt to Ricky Slater while holding him down.
“Those blows may have gone beyond the force that was reasonably necessary to restrain Slater and to prevent escape. But it has been clearly shown by every medical opinion offered in the case that they played no part in causing death.”
Ben went on to file a civil claim against the State of NSW in the Supreme Court seeking damages for wrongful prosecution, and a settlement was reached. But despite being a free man, Ben has continued to suffer as a result of his ordeal, and his relationship with Monique has broken down. He said the whole situation was tragic, both for him after being labelled a criminal, and the man who lost his life.
Reflecting on the incident, he said: “You could say my biggest mistake was running out the door. But was that a mistake at the time? Someone breaks into your home, that’s your castle, that’s your home, people should always defend their home, no matter what.” And as for regrets, he concluded: “No — I’ve done what any father would have done.”
