A jury has been unable to reach a verdict in the case of a 31-year-old man accused of murdering Keith Moylan (pictured above), who died in his independent living unit at a retirement village in the affluent suburb of Mosman Park, 14km southwest of Perth’s CBD.
Sebastian Horacio Ruiz (pictured below) had been on trial in the Western Australian Supreme Court for seven days, accused of fatally assaulting 76-year-old Mr Moylan who died in hospital from a traumatic brain injury on 21 December 21.
The court heard Mr Ruiz had never met Mr Moylan, but went to his unit after meeting a woman, Michelle Garbin, at a nightclub earlier. She was living at Mr Moylan’s unit.
Mr Ruiz, who was affected by alcohol and drugs, testified that Ms Garbin told him Mr Moylan had acted inappropriately towards her, that he was obsessive and she believed he was in love with her.
Ms Garbin, who was in her twenties, did not give evidence at the trial.
The court heard that Mr Ruiz and Ms Garbin took a taxi to Mr. Moylan’s unit, and as Mr. Ruiz negotiated with the driver to take him back to his residence, Mr Ruiz said he heard screaming and shouting coming from inside the unit.
Mr. Ruiz said he tried unsuccessfully to kick in the front door before Ms Garbin let him in, telling her to take her belongings and leave with him. Mr Moylan then allegedly told him to get out, but then asked for Mr Ruiz’s mobile phone as he allegedly said he had been assaulted and wanted to call the police.
Mr Ruiz said that Mr Moylan tried to take the phone out of his hand and Mr Ruiz then punched him in the face, stating Mr Moylan stumbled backwards and fell to the ground, telling the woman, “Michelle, you can’t leave me … you’re mine.”
“I kicked him with my right foot .… I put my hand on the back of his neck and kicked him,” Mr Ruiz testified.
Mr Ruiz testified that he then punched Mr Moylan “twice more” before the older man tried to get up, tripped and hit his head against the wall. Mr Ruiz then said he carried Mr Moylan into his bed, claiming he was still breathing.
Mr Ruiz, who has been in jail since his arrest in December 2019, was remanded in custody until next month when a date for a retrial may be set.