Supporters rally for release of accused NSW murderer Ben Batterham

Social media users are petitioning for the release of Benjamin Batterham, a 33-year-old Newcastle man who was arrested following the death of father-of-three Ricky Slater.

According to police, Ricky Slater, 34, was chased and pinned down by Benjamin Betterham and another man at a Newcastle house after allegedly invading Batterham’s home early Saturday morning. Following a brutal brawl between the three men, police found Slater on the footpath of Batterham’s house, lying unconscious with a suspected broken neck.

The struggle is said to have taken place after Batterham found Slater near his daughter’s bedroom at 3.30am, reportedThe Daily Telegraph. Batterham was first charged with recklessly inflicting grevious bodily harm but when Slater’s life support was turned off on Sunday, the charge was upgraded to murder.

Batterham failed to apply for bail, and did not show up at a Newcastle court on Tuesday morning. His case has been deferred until May, but as of midday Tuesday, nearly 8,000 supporters have signed petitions on change.org calling for his release.

On social media, thousands of Batterham’s supporters stood by him, claiming he did what he did to protect his family. Others who felt Batterham’s actions were justified supported the hashtags #freebenbatterham and #changethelaw.

The incident also prompted a nationwide argument between self-defence advocates and Slater’s family. Batterham’s supporters feel that as homeowners, they should have the right to protect their families from unwelcome guests. Many commented on the change.org petition saying that creeping into someone’s residence uninvited deserves a bad outcome -- possibly even death -- because good people just don’t invade other people’s living spaces.

On the other hand, Slater’s family members are seriously distressed by his death. Slater’s teary-eyed mother Beryl Dickson admitted to The Herald her son had previously served jail time for break-and-enter offences. However she insists that he had since gotten his life back on track.

“He might have done his time but he was a good boy,” she said. “He was dedicated to his family. He loved us all and we all loved one another.”

She also denied claims that her son had intruded Batterham’s house, claiming that Slater had instead gone to that address to attend a party.

While other relatives were caught up in emotional conversations with the media, Slater’s grandmother Dorothy fainted, prompting an emergency call to paramedics.

According to New South Wales Law Society president Gary Ulman, home intrusions are a complicated issue in the law’s eyes.

“In this situation, you have to look at whether the person, who is the subject of the home invasion actually acted reasonably in the circumstances,” he said. “In other words, is their response reasonable as they perceive it?”