<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>It is incomprehensible that a man bashed his defenceless father to death with a baseball bat and then claimed he was only trying to defend himself, a judge has said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Victorian Supreme Court Justice Andrew Tinney described Aaron Bernath's fabricated self-defence story as "preposterous" as the 37-year-old faced a pre-sentence hearing today.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Bernath was in May found guilty of murdering his father George Bernath at their Maddingley home, west of Melbourne, on January 11, 2024.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/new-two-dollar-coin-to-commemorate-torres-strait-islander-flag/b7e064d6-dbbd-45fe-b353-b38a2bb1272c" target="_blank"><strong><span>New $2 coin to commemorate Torres Strait Islander flag</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He struck the 61-year-old at least three times to the head with a baseball bat and then waited 17 minutes before calling an ambulance.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>In the triple-zero call, Bernath claimed his father had slipped and fallen off the couch but paramedics arrived to find Bernath lying in a pool of blood with significant injuries to his head.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>There was also a mop and bucket next to him and the water was red with blood.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/judge-rejects-murderers-preposterous-defence-claim/9586eac2-088a-40dd-a9fe-d2e36e8de4b2" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Bernath was taken to The Alfred in Melbourne with severe blunt force injuries and he died in hospital the next day.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Bernath challenged the murder charge at trial and gave evidence that he had been defending himself against his father.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/world/microsoft-tech-giant-lays-off-4-per-cent-of-global-workforce-impacting-thousands-of-jobs/89fa0663-9b6a-405e-a3c8-308bb9d34d87" target="_blank"><strong><span>Microsoft lays off 4 per cent of global workforce, impacting thousands of jobs</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But Justice Tinney said the jury clearly rejected the story, describing it as a "complete fabrication".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The account he gave about his father, out of the blue, grabbing a baseball bat and starting to swing the bat towards the accused ... it's just a preposterous story," the judge said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The murder was incomprehensible as there was no evidence of tension or a dispute in the lead-up to the fatal attack, Justice Tinney noted.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Bernath's barrister Daniel Sala said his client had described the relationship as being strained but conceded there may never be a real explanation.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He urged the judge to sentence on the basis that Bernath only intended to cause really serious injury, pointing out the older man was still breathing when Bernath called triple zero.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/ferry-carrying-65-people-sinks-near-bali-indonesia-and-rescuers-are-searching-for-43-missing/b42d26f8-9116-40fc-9534-a4428523b5b3" target="_blank"><strong><span>Two dead, 43 missing after ferry sinks in rough seas near Bali</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But Justice Tinney said he was not sure that distinction would change his sentencing consideration, noting Bernath still waited 17 minutes to call for help.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He also tried to clean the murder scene and conceal the baseball bat, the judge noted.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Six statements were read to the court from Bernath's partner, family and friends.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>They described the 61-year-old as a good person and an amazing role model, who doted on his son and loved him dearly.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The plea hearing will continue tomorrow.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>Support is available from the</span></strong><span> </span><strong><span>National Sexual Assault, Domestic and Family Violence Counselling Service</span></strong><span> </span><strong><span>at</span></strong><span> </span><a href="https://www.1800respect.org.au/" title="https://www.1800respect.org.au/"><strong><span>1800RESPECT (1800 737 732)</span></strong></a><strong><span>.</span></strong></div></div>