Donald Brooke was in the backyard when he heard noises coming from inside his house around 3.15pm on Tuesday. When he went inside to investigate, he came face to face with a thief who threatened him with a stun gun. After a short struggle, Mr Brooke managed to stab the 31 year old man twice, once in the arm and once in the chest.
When the intruder started to run away, 54 year old Brooke called out to him "Come back, you're injured" but he managed to stagger to a waiting car where another man was waiting and drove off. He got out of the vehicle at Fairfield and was taken to Liverpool hospital where he died that night at 9.30pm.
The dead man is well known to police and was due to appear in Burwood court next week on a string of burglary charges. Detective Chief Superintendent Peter Gillam said "It's too early to talk about charges - it's a complicated matter and all aspects of the law have to be considered, including self-defense."
Now Donald Brooke has an agonizing wait to find out if he will be charged with murder. How many times in the past have we seen our bizarre legal system come out in favour of the criminal instead of the law-abiding citizen? Let's hope that this time, they get it right.