A MAN who murdered his elderly and frail boyfriend by forcing his dentures down his throat during "rough sex" in a Mayfield boarding house told a psychologist the 64-year-old had "threatened to kill him", triggering memories of childhood sexual abuse that caused him to explode with anger.
It was the night of June 29, 2021 and Zachary Joel Dowling, now 37, was again drunk and again assaulting his "on-again, off-again" boyfriend Brian O'Sullivan.
Neighbours in the Regent Street boarding house could hear what they thought was "loud, rough sex".
But inside the bedroom, Dowling had assaulted Mr O'Sullivan and, at some point, wrapped his hands around his neck, pushing his dentures down his throat and forcing him to asphyxiate.
Dowling then left the body of Mr O'Sullivan in his bedroom for four days while he came and went.
Members of Mr O'Sullivan's family had written a victim impact statement, but decided not to read it or view the proceedings to avoid hearing the details of his horrific death.
It is not known exactly what happened in the bedroom, but Dowling told a psychiatrist that Mr O'Sullivan was "getting the shits and got up in my face" and threatened to kill him, the court heard.
His barrister, Public Defender Lizzie McLaughlin, said Dowling described this as "triggering, leading to memories of child sexual abuse" and he became incensed with anger.
Ms McLaughlin submitted that Acting Justice Robert Hulme could find a connection between the murder and Dowling's childhood trauma and disadvantage, which she said would reduce his moral culpability.
Ms McLaughlin said it was conceded Mr O'Sullivan was the vulnerable one in the relationship and was no threat to Dowling. But said it was Dowling's perception that there was a threat that sparked the violent response which led to Mr O'Sullivan's death.
But Acting Justice Hulme questioned why he should believe the untested account of Dowling and Crown prosecutor Brian Costello said his claims should be rejected because they were inconsistent with the history of their troubled relationship.
Dowling and Mr O'Sullivan had been in a relationship, marred by numerous acts of domestic violence and Dowling's alcoholism, since at least 2004, according to an agreed statement of facts.
Neighbours routinely called police to report that Dowling was intoxicated and assaulting Mr O'Sullivan.
Dowling was living at the boarding house in Regent Street when he and Mr O'Sullivan arrived on the afternoon of June 29, 2021.
And sometime between about 5.30pm and 7pm, Dowling murdered Mr O'Sullivan inside his bedroom by forcing his dentures down into the back of his throat, choking him.
He left and later called a friend to tell him what happened, saying: "Brian is dead. He's been dead since Tuesday".
That friend called police, who discovered Mr O'Sullivan's body and arrested Dowling.
And during a series of recorded phone calls made from jail, Dowling admitted to choking Mr O'Sullivan.
"I must have punched him around," Dowling said on one of the calls. "And the dentures must have went down his throat when I was choking him. Bit of angry foreplay... didn't know the dentures were down the neck."
His friend asked Dowling if he missed his boyfriend. "Nah, not one little bit," Dowling replied.
Dowling had been on parole at the time of the murder and had supposed to be abstaining from drugs and dealing with his alcohol and anger issues.
Instead, a few days before the murder he was drinking heavily and cancelled an aggressive management program he was supposed to attend.
He was released on parole, but breached his parole and re-offended and was taken back to jail.
He was released again on parole in February, 2021, but less than five months later had murdered Mr O'Sullivan.
Acting Justice Hulme will sentence Dowling on Wednesday.
