Dante Arthurs

Dante Arthurs
Born	8 August 1984 (1984-08-08) (age 27) Rockingham, Western Australia
Charge(s)	Wilful murder
Conviction(s)	Murder; deprivation of liberty
Penalty	Life imprisonment without parole
Status	Incarcerated

Sofia Rodriguez Urrutia-Shu
Born	November 11, 1998(1998-11-11) Canning Vale, Western Australia
Died	June 26, 2006 Livingston Shopping Centre, Canning Vale Western Australia

The Chapel of the Innocents

Dante Wyndham Arthurs (born 8 August 1984) from Perth, Western Australia, was 21 years old when he was charged on the 27th of June 2006, with the Wilful Murder, Sexual Penetration and Unlawful Detention of 8 year old school girl Sofia Rodriguez Urrutia-Shu. On the 17th of November of 2007, Arthurs pleaded guilty to the charges of murder and unlawful detention and convicted in the Supreme Court of Western Australia, sentenced to life imprisonment with a non parole period of 13 years.^[1] He is currently in detention at the maximum security Casuarina Prison in Western Australia and will not be eligible for release until 2019.^[2] Many areas of the Western Australian and Australian community debated the re-introduction of the death penalty due to the great emotion evoked by Sofias' murder. The last person hanged in Western Australia was in 1964 and the death penalty was repealed in that state in 1984.^[3][4]

History

At 4:00pm on the 26th of June 2006, Sofia Rodriguez Urrutia-Shu was at the Livingston Shopping Centre in Canning Vale, Western Australia with her uncle, sister and brother. Whilst her family waited in the main area of the shopping centre, Sofia went down a central corridor to go to the toilet. Unknown to Sofia, or her family, Arthurs an employee at the shopping centre, observed Sofia walking down the corridor and followed her. After Sofia exited the female toilets, Arthurs grabbed her from behind and dragged her into the near by disabled toilet cubicle and locked the door.

Sofias' family, having waited only a few moments, became concerned and Sofias' 14 year old brother was sent to look for her. He called for her at the door of the female toilet but not getting a response walked back along the corridor. He heard movement coming from the disabled cubicle and knocked on the locked door calling Sofias' name. There was no response. Sofias' brother, uncle and younger sister then began a search of the centre. A few minutes later, her brother again returned to the disabled toilet cubicle and opened the now unlocked door. It was at this time, only 10 minutes after Sofia left her family that her brother found Sofias' naked and lifeless body lying on the cubicle floor. Sofia was dead. An search of the shopping centre failed to locate an offender, to which the entire centre was closed and declared a crime scene.^[5]

It was alleged by prosecutors that the assault on Sofia only lasted a few minutes, but the ferocity of the attack on the 8 year old was described as "the worst of its type". At a young age, Arthurs was diagnosed with Asperger Syndrome and as such, he offered little explanation for his actions in the toilet cubicle and failed to understand and accept responsibility for what had occurred. Arguments were made against the severity of his Asperger Syndrome by prosecutors, due to the evidence gathered by pathologists as to the cause of death and severity of Sofias' injuries, compared to the explanation given by Arthurs as to how those injuries and her death had occurred.

In his attempts to restrain Sofia after she had been dragged into the toilet cubicle, her limbs were contorted so severely that both her legs were broken and her left arm was dislocated as Arthurs removed her clothing. Sofia was a small, petite girl for her age and was no match for the 180cm and 90kg Arthurs. Sofias' throat was also severely compressed and her larynx was crushed as Arthurs attempted to muffle her cries. The cause of death was given to be a direct result of strangulation. In his interview with police, Arthurs admitted to digitally penetrating Sofia, however it could not be determined whether this had occurred prior to or after Sofias' death. During the attack, which was estimated to have lasted between only 3 to 5 minutes, Sofias' brother knocked on the door of the cubicle having heard movement coming from inside whilst searching for his sister. Though Arthurs made admissions to hearing the knock on the door and a name being called, he (nor Police) could identify whether Sofia was still alive at that time. Sofia was left naked and dead or dying on the floor as Arthurs made his escape.^[6]

Initial investigations at the shopping centre identified a few possible suspects. One in particular was 21 year old Dante Wyndham Arthurs, who was employed as a fruit and vegetable packer at the shopping centre. Arthurs was known to local detectives as a result of a sexual assault on a 8 year old girl in the same area 3 years earlier.^[7] Police remained at the crime scene well into the early morning and at 5:00am the day after Sofias' body was discovered, they attended the home of Arthurs who lived with his parents only a few hundred metres from the shopping centre. After a search of his home, Arthurs was arrested and later charged with Wilful Murder, 2 counts of Sexual Penetration of a Child and Deprevation of Liberty.^[7]

Legal Controversy

Once the news of Sofia's murder spread and information about her alleged killer was revealed, media organisations locally, nationally and internationally took great interest. The crime was described in many news reports as the most horrific murder in Western Australia since the David and Catherine Birnie murders in the 1980's. Western Australia Police were required to quash strong rumours that Arthurs was one of the child murderers convicted for the Murder of James Bulger in the United Kingdom in 1993. It was alleged that Arthurs was in fact Robert Thompson, who at the age of 10 years old was convicted of Bulgers murder, given a new identity and then transported to Australia. Information was revealed publicly by Western Australia and Australian Federal Police that Arthurs was not Thompson and the rumour gathered no more momentum.^{[8][9][10][11][12]} On 29 June 2006, the British High Commission in Canberra issued a media release stating "There is no connection between the man arrested in Western Australia and the individuals involved in the James Bulger case."^[13]

Further controversy arose when information was revealed in the local media that Arthurs had been investigated for a sexual assault 3 years earlier in 2003, against another 8 year old girl. It was outlined in media reports and later confirmed by Western Australia Police Commissioner Karl O'Callaghan and the Department of Public Prosecutions, that Arthurs was in fact arrested for the assault, however charges were dropped due to insufficient evidence and incorrect police interviewing techniques. At the time of Sofias' murder in 2006, the 2003 assault was re-opened to identify any possible links.

It was then identified that the shorts worn by Arthurs in the 2003 assault had traces of the victims blood on them that wasn't noticed during the 2003 investigation. Western Australia Police received public condemnation for failing to have the shorts forensically examined, which could have secured the conviction of Arthurs for the 2003 assault and therefore could have avoided Sofias' murder. It was also confirmed that after the 2003 assault, the Department of Public Prosecutions refused to consider charges against Arthurs because they considered that the police had been too robust in interviewing him and that a conviction was unlikely to be obtained.^[14] Though Sofias' family were frustrated by this discovery, they publicly supported the police and understood that a successful conviction against Arthurs (if in fact it did occur) in 2003, would not have guaranteed their daughter would still be alive today.^[15][16][17]

Legal proceedings

Sofias' family were devastated by their daughters' horrific murder and could not face the prospect of the court process. They were unable to attend any of the proceedings and so were represented by 2 members of their Mater Christi Catholic Primary School Parish, a small school that Sofia attended in the Western Australian suburb of Yangebup. Head Priest at the Parish, Father Bryan Rosling took up the families struggle to deal with the massive media attention the murder had raised and Paul Litherland, a Western Australian Police officer and a parent of one of Sofias' schoolmates represented the family and set up fund raising events.

On the 7th of March 2007, after extensive psychological testing and discussions between prosecutors and Arthurs defence counsel, Arthurs was required to enter a plea to the charges of Wilful Murder, 2 counts of Sexual Penetration of a Child and Unlawful Detention. He pleaded not guilty to all 4 charges and was remanded in custody.^[18] On 31 August 2007, Justice Peter Blaxell ruled that the bulk of the admissions made by Arthurs in a video recorded interview with police on the morning after the offence, would be inadmissible at his trial on ground of "persistent importunity, or sustained or undue insistence or pressure".^[19]

On 31 July 2007, Chief Justice Wayne Martin ruled that Arthurs receive a bench trial.^[20] Martin said that the "extensive, continuous and in some respects extraordinary" pre-trial media coverage, the circumstances of the offence and the fact that a judge would provide reasons for his or her decision supported a trial by judge alone.^[20] Hence it was agreed that Arthurs would be heard by a Judge alone and not a jury. In the mean time, discussions continued with the Department of Public Prosecutions and Arthurs lawyers regarding his plea status. In August of 2007, Arthurs and prosecutors entered into an agreement that would see Arthurs plead guilty to the lesser charge of Murder, instead of the current charge of Wilful Murder. On 17 September 2007, Arthurs pleaded guilty in the Supreme Court to charges of Murder and Unlawful Detention. The two counts of Sexual Penetration of a Child under the age of 10 were withdrawn because forensic analysis could not conclude if Sofia had been sexually assaulted before or after she died.^[21]

On 7 November 2007, Arthurs was sentenced to life in prison with a non-parole period of 13 years. He was also sentenced to two years for depriving Sofia of her liberty.^[22] Describing Arthurs' crimes as 'so evil they shock the public conscience,' Justice John McKechnie also advised Arthurs of the possibility that he may never be released as the release of offenders sentenced to life imprisonment must be signed off by the Western Australian Attorney-General.

New Western Australian Attorney-General Christian Porter has since revoked Arthurs' non-parole period, making him one of three Western Australians to have their papers marked "never to be released".

Other allegations

After Arthurs pleaded guilty it was publicly confirmed that he was under investigation by British police for sexually assaulting another girl in 2001. Arthurs was never charged with this incident because he left Britain for Australia before an identity parade could take place.^[23]

Sofias' Legacy

Sofias' Memorial - The Chapel of the Innocents

Sofias' small school community was devastated by her murder^[8] and set about to raise funds for a memorial to her at the school, which was the Mater Christi Catholic Primary School in Yangebup, Western Australia. Over a quarter of a million dollars was raised locally at the school for a memorial to Sofia and all Western Australian Children who have had their lives stolen by criminals. The Chapel of the Innocents was constructed in 2008 and remains the resting place of Sofias' ashes.^[24]

Changes to Legislation

After Sofia was murdered, Police were restricted in their ability to charge Arthurs with Wilful Murder, because it could not be proved it was his intention to murder Sofia. Wilful Murder, which carried a term of life imprisonment with a non porole period of 15 years (minimum) to 19 years (maximum) at the time, was the highest charge that could be preferred for the taking of a life. Instead, Arthurs had to be charged and convicted with the lesser offence of Murder, which excluded the element of intent. This still carried a penalty of life imprisonment, however the non parole periods were 7 years (minimum) to 14 years (maximum). Realistically, for one of the most horrific crimes in Western Australia for decades, Arthurs could possibly spend only 7 years in jail. This caused a massive public outcry and a demand was made to force a change to the laws for murder in Western Australia.^[25][8]

Through the then Attorney General Jim McGinty, Sofias' family and their many supporters petitioned the Government to have the laws changed to reflect more clearly the seriousness of the crimes committed. As a result, the charges of Wilful Murder and Murder were repealed and a single charge of Murder was created to include more severe penalty options. Though distinction between an intent to murder and non intent were still included, the sentencing considerations were dramatically altered.^[26] The new legislation calls for an ability to impose a "Never to be Released" clause as well as a change in the minimum sentence that can be imposed before release on parole can be considered. For Murder with intent the minimum sentence is 20 years and for Murder without a proved intent (Manslaughter) it is 15 years. Though Arthurs could not be retrospectively convicted under the new legislation, the legacy of Sofias' murder would ensure no-one again in Western Australia would receive such a potentially lenient sentence as a result of such a horrific crime.

Sex Offender Register

In addition to the changes to murder legislation, Sofias' family have worked tirelessly over the years since her murder to have the Western Australian Government introduce a Public Sex Offender Register. This would see the names and suburbs (not address) of convicted sex offenders being made available to the public. Though public support was very strong for such a register, the government has continued to stall on the legislation due to the concerns such legislation could cause to the safety of known sex offenders. Police in particular continue to show concerns for the fear of vigilante attacks against sex offenders who have been released after serving their time in jail. The topic continues to be debated within the Western Australian Parliament, and up until late 2010, the legislation is still yet to be considered.^[27][28]

References

1. ^ "Arthurs pleads guilty to Sofia murder". Retrieved 17 September 2007^{[dead link]}
2. ^ "Home of girl's accused killer vandalised" (29 June 2006). The Age, 29 June 2006
3. ^ Death Penalty in Australia
4. ^ "Readers' Comments: DPP defends Arthurs plea bargain (18 Septepmber 2007). Perth Now. 18 September 2007
5. ^ "Community weeps for young murder victim" (in English). theage.com.au. The Age. 2006-07-04. http://www.theage.com.au/news/national/community-weeps-for-young-murder-victim/2006/07/03/1151778872555.html. Retrieved 2007-05-30. 
6. ^ Sofia's killer jailed for life over toilet murder | News.com.au
7. ^ ^{a b} AM - Inquiry called into WA child-killer case bungle
8. ^ ^{a b c} MAKO/File-Dante Wyndham Arthurs-child killer/paedophile
9. ^ How an Internet rumour about a child killer spread across the globe | Mail Online
10. ^ Bulger injunction (10 July 2001). From cyber-rights.org. Retrieved 16 August 2006.
11. ^ Dyer, Clare (9 January 2001). "Bulger killers granted anonymity for life" The Guardian. Retrieved 16 August 2006.
12. ^ Adshead, Gary; Morfesse, Luke; Cowan, Sean (29 June 2006). "I didn't kill UK toddler". The West Australian. Retrieved 19 August 2006.^{[dead link]}
13. ^ British High Commission (29 June 2006). Sofia Rodriguez-Urrutia-Shu. Media release. Retrieved 28 August 2006.^{[dead link]}
14. ^ Sofia's parents criticise DPP (20 September 2007). news.com.au. Retrieved 24 September 2007.^{[dead link]}
15. ^ "Fair trial fears for WA murder accused" (29 June 2006). The Age. Retrieved 14 July 2006.
16. ^ Parliament of Western Australia (28 June 2006).Dante Arthurs. Hansard. Retrieved 16 July 2006.^{[dead link]}
17. ^ Parliament of Western Australia Questions without Notice: Dante Arthurs. Hansard. Retrieved 16 July 2006.^{[dead link]}
18. ^ "Accused child killer to undergo more psych testing" (1 December 2006). Australian Broadcasting Corporation. Retrieved 26 December 2006.^{[dead link]}
19. ^ Arthurs v The State of Western Australia [2007] WASC 209. Retrieved 3 September 2007.
20. ^ ^{a b} Arthurs v The State of Western Australia [2007] WASC 182. Retrieved 3 September 2007.
21. ^ "Unlikely child-killer will ever be freed" (18 September 2007). news.com.au^{[dead link]}
22. ^ Sofia toilet killer jailed for life (7 November 2007). news.com.au. Retrieved 7 November 2007.
23. ^ Hamilton, Fiona; Foster, Patrick; Yeoman, Fran (1 October 2007). "British police left paedophile free to kill schoolgirl". The Times (London). http://www.timesonline.co.uk/tol/news/uk/crime/article2563189.ece. Retrieved 1 May 2010. 
24. ^ Sofia's ashes to be buried in school chapel
25. ^ http://www.mediastatements.wa.gov.au/Pages/default.aspx?ItemId=126359&page=74
26. ^ http://www.lrc.justice.wa.gov.au/2publications/reports/homicide/P97-ch02.pdf
27. ^ Sofia's dad pushes for paedophile list - The West Australian
28. ^ Parents demand Sofia's Law to expose pedophiles | Perth Now

Persondata
Name	Arthurs, Dante
Alternative names
Short description
Date of birth	8 August 1984
Place of birth	Rockingham, Western Australia
Date of death
Place of death