Questions after rare Brazil conviction for Aust murder

A highly unusual trial carried out in Brazil over the murder of Cecilia Haddad in Sydney has concluded with the shock confession and sentence of her ex-partner. Photo: AAP
The sentencing of a man in Brazil for a domestic violence murder committed in Sydney is extremely rare, a legal expert says.
A Brazilian court sentenced Mario Marcelo Santoro to 27 years in jail on Thursday (local time), after he confessed to murdering Cecilia Haddad in 2018 and dumping her body in Sydneyâs Lane Cove River.
Santoro stood trial and will serve his sentence in Brazil after fleeing to his home country shortly after killing Ms Haddad 13,500 kilometres away.
Associate Professor Tyrone Kirchengast from Sydney Law School described the case as âunusualâ. He could recall no other examples where an accused stood trial overseas for a murder committed in Australia.
âAll states exercise extra-territoriality with the application of their laws and they may do in rare circumstances,â Dr Kirchengast said on Friday.
âBut they will do so generally where there is inadequate police investigation or prosecution in the country of origin where the conduct occurred.
âObviously homicide is policed and taken very seriously here in Australia â our laws in that regard are adequate. Normally we would be seeking extradition.â
NSW detective John Edwards travelled to Rio de Janeiro to assist in providing evidence for Santoroâs trial and welcomed the result.
âI know I speak for the many police that were involved for a long time in this investigation and itâs fantastic to get a conviction,â he told the Nine Network.
âIt wasnât without challenges with working in foreign languages. I think the result speaks for itself.â
Dr Kirchengast, who has studied Brazilâs legal system, said there may be concerns around the length of Santoroâs prison term, with the country less inclined to administer long-term prison sentences than in Australia.
âTheir attitude towards imprisonment is a bit like the Scandinavian approach â itâs very much âlast resortâ and, generally speaking, prison terms arenât as long,â he said.
âIt may not be the case that he spends 27 years in prison. So that could be of concern to NSW police and prosecutors as well.
âItâs a parole issue and something we may not find out about, maybe through the media in years to come, if he is paroled early.â
Santoro broke down as he told the court he and Ms Haddad got into a fight at her Sydney apartment and he âgrabbed her neckâ and âsqueezed really hardâ.
Testimonies provided by Ms Haddadâs family and friends showed the businesswoman had earlier broken up with Santoro but he refused to accept her decision.
Now in his mid-40s, the engineer was convicted of aggravated homicide, asphyxiation, femicide and concealment of a corpse.
Prior to the ruling, Ms Haddadâs mother said Santoro was ânot a human being but a monsterâ.
On Thursday morning local time in Rio De Janeiro, a jury of six women and one man delivered its decision. Under Brazilian law, it was still required despite Santoroâs confession.
Santoroâs lawyer said he would appeal the finding.
NSW Police and NSW Police Minister Yasmin Catley declined to comment.
â AAP
Want to see more stories from The New Daily in your Google search results?
- Click here to set The New Daily as a preferred source.
- Tick the box next to "The New Daily". That's it.








