Court closed as undercover officer takes to the stand

Amanda BanksAlbany Advertiser
Camera IconMichelle Attwell leaves the Albany Courthouse with Detective Constable Jon Macmillan. Credit: Albany Advertiser

A Supreme Court trial into allegations a wealthy businessman attempted to hire a contract killer to murder his estranged daughter-in-law was closed this morning for the evidence of an undercover police officer.

Justice Ralph Simmonds ordered the Albany court room be closed to members of the public after the officer, known as "operative 429", was called to the witness stand.

The officer is testifying in the trial of prominent local businessman Brian Vincent Attwell, who is accused of attempting to hire a hit man is September last year to murder Michelle Patreena Attwell.

During the opening of the case yesterday, the jury was told Mr Attwell had been feeling "sheer hatred" towards his former daughter-in-law during her protracted marriage breakdown with his son.

Mr Attwell, described by defence lawyer Tom Percy as an "apparent pillar of respectability in the Albany community", denies he wanted Ms Attwell killed.

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Prosecutor James MacTaggart told the court that the 74-year-old handed over $10,000 in "cold, hard cash" to a man he knew only as "Josh" as a down payment for killing Ms Attwell.

Mr MacTaggart said unbeknown to Mr Attwell, "Josh" was an undercover officer in a covert operation launched after a local man contacted police with concerns about the businessman's plans.

He said in secretly recorded conversations and meetings between the Mr Attwell and "Josh", which would be played to the jury, the businessman was heard claiming Ms Attwell had cost his son $200,000.

Mr Attwell, alleged to have given the planned murder the code name "AD 5" in reference to his contracting company and machinery, is accused of suggesting Ms Attwell should be strangled - so as not to leave any blood - before her body was buried.

"Ask her for a cup of coffee, then grab the c... of a thing, bind her with duct tape, her arms behind her back, and strangle the f...... thing," the jury was told Mr Attwell could be heard instructing the undercover officer.

The local man who alerted police to his concerns, whose name and identity is suppressed, told the court yesterday that he had contacted Mr Attwell in a bid to get a job and had been desperate for money.

But he said Mr Attwell's demeanour had changed when he commented that women were a "strange breed" that he likened to cattle, then offered him $30,000 and looked him "straight in the eye" when saying he wanted his estranged daughter-in-law "gone".

The man said he was "extremely uncomfortable" and treated the proposal seriously, despite not reporting the incident to police for six days because of concerns he could be wasting police time and others would think it was nonsense.

The man, whose call to Mr Attwell to arrange his meeting with "Josh" after was recorded by police and played to the jury yesterday, admitted the businessman had never used the words "dead" or "killed" during their conversations.

In the recording, the man refers to "Josh" as a "nasty bastard" and says he can arrange a meeting between the men.

The trial continues.

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