Samantha Fraser’s children are suing their father for psychiatric injuries caused by him after he murdered their mother.
Adrian James Basham, 47, is serving a term of life in prison after a jury found him guilty of murdering Fraser at her Phillip Island home in July 2018.
She was due to give evidence in court a week later, saying Basham had repeatedly raped her throughout their 10-year marriage, but he instead broke into her garage and assaulted her before hanging her from the door.
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Ms Fraser’s parents and three children filed a claim in the County Court this week seeking damages from Basham.
They claim to have suffered “psychiatric injuries” including anxiety and depression which had led to them paying for medical treatment, a statement of claim obtained by AAP reveals.
“As a result of the murder, the first plaintiff, second plaintiff, third plaintiff, fourth plaintiff and fifth plaintiff have each suffered injury loss and damage,” the statement said.
The children, who are aged 11, 13 and 15, are also claiming damages after they “suffered a loss of financial dependency”, the document stated.
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The family’s claim noted the children needed care and assistance, which has been provided by their grandparents.
Basham has previously admitted causing the injuries to his estranged wife, but maintained that Fraser took her own life.
He flagged his intention to appeal both his life jail term and his conviction in March 2023, with Victorian Legal Aid obtaining funding to start his application.
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