Family members of an aspiring bodybuilder fatally shot in Brisbane’s east have revealed how their worlds were “shattered” after the beloved family man was taken from them.
More than six years after Les Brooks died in a violent altercation at a home in Tingalpa, family members packed Brisbane Supreme Court on Friday as his killer, Clayton David Backman, was sentenced.
The court was told that hours after the shooting, Mr Backman messaged Mr Brooks’ ex-partner, reassuring her he would “sleep okay” knowing she and her children were “safe”.
Backman, dressed in a black suit, was escorted into the court wearing handcuffs and shackles.
He sat between two corrective services officers during proceedings.
Backman was initially charged with Mr Brooks’ murder, but had pleaded guilty to the lesser charge of manslaughter at a previous court appearance.
He pleaded guilty on Friday to a raft of charges, including counts of serious assault, burglary and malicious act with intent and another group of summary charges.
Crown prosecutor Mark Green said Mr Brooks’ ex-partner was in a relationship with Backman before the fatal incident in November 2016.
The woman told him Mr Brooks – her former partner of nine years – had been violent towards his ex-partner and threatened to kill her.
Mr Green said an altercation occurred earlier in November after Mr Brooks found Backman and his ex-partner in bed together.
On November 17, 2016, a “raging” Mr Brooks attended his ex-partner’s Tingalpa home after a phone argument over their children.
Mr Green said he barged into the house shouting “who the f--k is this fella, who the f--k is he” before he and Backman stepped out into the backyard.
Backman had armed himself with a shotgun and readied it as Mr Brooks moved closer.
“Mr Brooks’ was raging, his face was red, he was tensed up and shouting: ‘You’re not going to shoot me you weak c--t,’” Mr Green said.
Backman had “backed up” to the fence before he fatally shot Mr Brooks.
Mr Green said Backman spent hours ringing friends and family expressing regret over the shooting.
At 11.14pm he sent Mr Brooks’ ex a text saying: “For what happened today, I do not expect you to ever talk to me again, but I do know that I can sleep okay knowing you will always be safe now and them two beautiful kids will never have to witness any more of his crap”.
He surrendered later that night, turning up to the watch house with a loaded shotgun stuffed down his pants.
Mr Green said Backman had pleaded guilty to manslaughter because he was acting in self-defence, but used excessive force.
Carol Krezic, Mr Brooks’ mother, told the court her whole world had “shattered” the day her son died.
She said she no longer felt comfortable in her own house and every day was now a “constant battle” where she would break down at the slightest things.
“The pain will remain deep in my heart until the day I die,” Ms Krezic read from her victim impact statement.
“I will grieve for the rest of my life, there is no solution to the heartbreak.”
Backman’s multiple charges of serious assault involved him threatening or assaulting correctives services officers and other prison staff while in custody on remand.
The court was told that several months before, Backman had participated in a burglary, where he shot a man in a caravan park south of Brisbane.
Mr Green said the man still had shotgun pellets embedded in his body from the attack, even after spending months in hospital.
Defence barrister Bernard Reilly said his client was remorseful for the hurt and suffering he had caused the family.
The court was told Backman had a “dysfunctional” childhood marred by alcohol abuse and violence.
Mr Reilly said Backman exhibited symptoms of attention deficit hyperactivity disorder (ADHD) through school.
“He (Backman) has never known his natural father,” he said.
Mr Reilly said his client became addicted to drugs at a young age and had developed a “persistent depressive disorder”.
The court was told Backman had written a book as a way of dealing with his trauma, completed year 12 and wanted to put his time spent behind bars into “productive use”.
Backman ultimately received a head sentence of 15 years’ jail and was ordered to serve 80 per cent of the term before being eligible for parole.
His time spent in pre-sentence custody since 2016 was declared as time served.
“The killing of Mr Brooks was a terrible crime,” Justice Paul Freeburn said.
“In a civilised society, no normal human being carries around a loaded shotgun.”
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