Unbelievable :
Herman Rockefeller's killers Mario Schembri and Bernadette Denny sentenced
THE swingers responsible for killing Malvern businessman Herman Rockefeller were this morning sentenced to time in prison.
Mario Schembri and Bernadette Denny both pleaded guilty to the manslaughter of Mr Rockefeller.
Schembri was sentenced to nine years in prison with a minimum of seven; Denny was sentenced to seven years, with a minimum of five.
Mr Rockefeller's wife Vicky Rockefeller sat stony faced throughout the 30-minute sentencing.
Justice Terry Forrest said that while they had both shown some remorse and had reasonable propects of rehabilitation their spontaneous crime of manslaughter and appalling post-offence conduct of dismembering the body had to be dealt with accordingly.
"The damage you have caused to a decent honourable family is incalculable," Justice Forrest said.
Justice Forrest said Mr Rockefeller was punched up to a dozen times during the fatal assault.
“Herman Rockefeller made some unorthodox choices in his adult life,” Justice Forrest said.
“So too did you Mario Schembri and you Bernadette Denny. None of those choices was in itself unlawful, nor is it the function of this court to pass judgement on them. The upshot of the choices you made, however, is that the scene was set for the totally unnecessary death of a man.
“His parents, wife and children are devastated. The harm that you have caused them is profound. They will always carry some legacy of it, and so will you.”
In reference to Schembri’s record of interview, Justice Forrest said he told detectives that Mr Rockefeller “didn’t bring his missus and there was a confrontation” on the night the millionaire was killed at Denny’s home in Hadfield during their second sex rendezvous.
“You did intend to detain him, however, and it was only shortly thereafter that the fighting began...You implied he had no chance.
“You could not estimate how many times you hit him, but Mr Rockefeller fell and struck his head – possibly on the ground – and died.”
Schembri later cut Mr Rockefeller’s arms, legs and head from his torso and burned the parts.
“I have concluded that Ms Denny’s overall moral culpability is somewhat less than Mr Schembri’s, however it is still considerable.”
Mr Rockefeller, who called himself Andrew Kingston on the swingers circuit, met Denny and Schembri after they contacted him via an ad he placed in a sex magazine.
It read in part: "We are in our late 30s. Can meet during the day times and discretion is assured... No single males please."
At their initial rendezvous, Mr Rockefeller had sex with with Denny while Schembri watched.
Mr Rockefeller then travelled to the Hadfield house on the night of January 21 while on the way home from a business trip.
Justice Forrest noted that Mr Rockefeller was prevented from leaving the house, having failed to bring another woman.
The possible maximum term for manslaughter is 20 years' jail.
Phil Dunn, QC, for Denny, said the death was unplanned and unintended.
"There was no gain for anybody in the death of Herman Rockefeller," Mr Dunn said.
Geoffrey Steward, for Schembri, said the fatal assault was not premeditated, although what was done to the body afterwards was an aggravating feature.
Mr Steward said Schembri lost control and "things got out of hand" after Mr Rockefeller failed to live up to his promise of providing another woman for the rendezvous.
"He felt he was being taken for a fool. Taken for a ride," Mr Steward said. "He's not a person of cunning."
Chief Commissioner Simon Overland said this morning after the sentence was handed down swinging was a risky lifestyle choice.
"Clearly people need to be responsible for the decisions they make and if they engage in behaviour that puts themselves at risk, we don’t encourage that in any way, shape or form," he said.
"It does seem to me that that sort of behaviour brings with it all sorts of risks and people really need to think very, very carefully about that sort of activity before they engage in it."
