Parents Ben and Monique reliving the traumatic events (Image: Nine)
A father who discovered a convicted rapist emerging from his daughter’s bedroom has recalled the horrific night that altered his life a decade ago — after being wrongly prosecuted for murder.
Ben Batterham was marking his 33rd birthday at his Hamilton, Australia, home with a friend on March 26, 2016, when a burglar broke into his property. His fiancée, Monique Cameron, and their seven-month-old daughter were staying next door at Ben’s parents’ house for the night.
As Ben and his mate were preparing to retire for the evening, a man named Ricky Slater entered the home. Slater was under the influence of drugs, carrying three knives, and had a prior rape conviction from his youth, along with other criminal offences.
The offender, who had been freed from prison just three months prior, headed straight for Ben’s daughter’s nursery where he seized Monique’s handbag. When challenged, however, he fled.
Describing the moment he came face to face with the intruder, Ben, who was working as an apprentice chef at the time, said: « Very big bloke. Standing there. It was more than a shock. I was quite fearful for my daughter, and Monique, and at the time myself. »
Ricky Slater was a convicted rapist (Image: Nine)
When 60 Minutes Australia asked whether his mind was « exploding » after witnessing the man come out of his daughter’s room, he responded: « It was. It was doing backflips. I remember saying ‘hey’ and I’ve jumped up and started to chase him. »
Ben pursued him through multiple streets and even contacted the police before ultimately bringing him down in an attempt to make a citizen’s arrest. A fierce altercation followed, and when police officers eventually arrived at the scene, he reportedly told them: « Give me two minutes with him. I’ll kill the dog. »
Describing the initial confrontation, he said: « A few headbuts, a few bites, he tried to snap my thumb back towards my wrist. Quite rough. »
He added: « I was yelling. I did strike him a few times. I didn’t have him in a chokehold. »
He emphasised that he did what was necessary to restrain him until the police arrived.
However, when officers arrived and handcuffed Slater, they realised he was unresponsive. It transpired he had suffered the first of three cardiac arrests which would claim his life the following day.
Ben meanwhile was arrested and eventually charged with murder.
Benjamin Batterham departs at Newcastle Court (Image: AAP/PA Images)
Recalling that moment, he said: « I broke down and said, ‘Look, I didn’t do it.’ My mother and father were standing there, I gave them a hug and a kiss and that was it. »
When asked when the severity of the murder charge sank in, he replied: « I would say when I was sitting on the truck, on the way to prison, like, this is really happening. I had lost my freedom, lost my job, lost my house, normality was just blown away that night. »
Monique, witnessing how Ben was struggling to cope, brought their daughter to visit him in prison every week, where she said her first word, which was dad. Public outrage over his imprisonment escalated, leading to his release on bail six weeks later.
However, he was forced into hiding due to death threats.
When Monique was questioned about whether she ever asked Ben why he pursued the intruder instead of letting him escape, she remained resolute. She stated: « No, he was in my daughter’s room. I don’t blame him for any of it and I don’t think it’s your fault that we had to go through it all. »
During the murder trial in November 2019, experts determined that Slater’s death resulted from high levels of methamphetamine in his system and a pre-existing heart condition after years of drug misuse. Ben, diagnosed with PTSD, was deemed to have acted within the law and was acquitted.
The jury was not informed during the trial that Slater had raped a girl in 2007 after forcing entry into her home and threatening to stab her.
Justice Fagan stated that Ben should never have been charged with murder and a trial should not have occurred. He added: « Having seen and heard the evidence of all the eyewitnesses it does not appear to me that the restraint applied by Mr Batterham was excessive, putting aside the blows he dealt to Ricky Slater while holding him down.
« Those blows may have gone beyond the force that was reasonably necessary to restrain Slater and to prevent escape. But it has been clearly shown by every medical opinion offered in the case that they played no part in causing death. »
Ben recently lodged a civil claim against the State of NSW in the Supreme Court, seeking damages for wrongful prosecution. A settlement has now been reached, though the details remain confidential.
Despite his freedom, Ben’s struggles have persisted over the past decade, and his relationship with Monique has deteriorated.
He described the entire situation as tragic, both for himself, having been branded a criminal, and for the man who lost his life.
When asked about his biggest mistake, he responded: « You could say my biggest mistake was running out the door. But was that a mistake at the time? Someone breaks into your home, that’s your castle, that’s your home, people should always defend their home, no matter what. »
As for any regrets, he concluded: « No — I’ve done what any father would have done. »
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