SIMON Gittany hid a dark past of violence, drugs and an uncontrollable temper that can be revealed now he has been found guilty of murdering his fiancee Lisa Harnum.
Criminal records reveal he was a violent, vengeful man and a cocaine dealer who once spent time in prison for biting off part of a policeman's ear.
And in a stunning revelation by The Australian, it can also be revealed 40-year-old Gittany is the target of a current police investigation into his business dealings with two convicted methylamphetamine dealers who ran a secret drug laboratory in Sydney.
The Daily Telegraph reports over the last decade Gittany has headed a string of mysterious companies, leading a flashy lifestyle, wearing expensive suits and living in a $1000-a-week city apartment with no apparent means of support.
But back in 1991, the then 18-year-old was ordered to appear in court following a cowardly attack on a man who dared to stand up to Gittany for harassing his ex-girlfriend.
Court documents show Gittany punched the man while he was held down by one of his friends.
Gittany's defence was the man was his ex-girlfriend's boss and had threatened him. But the court found him guilty, ordered him not to approach the man or his ex-girlfriend, and placed him on a good behaviour bond.
That was not the end of his trouble. In 1993, the unemployed Gittany was questioned by police for receiving stolen goods. Police did not attempt to arrest him until 1994 when they went to his home in Merrylands in Sydney's west.
Although initially welcomed into the house by Gittany's mother, Lamia, all hell broke loose when Gittany arrived home and both Gittany and his mother attacked police, while his sister watched on, hurling abuse.
Gittany bit the ear of Detective Senior Constable Keith Bristow as the two wrestled on the floor. Bristow and another officer injured in the affray were later treated at Westmead Hospital.
Gittany was sentenced to 30 months imprisonment for the assault and for receiving up to $10,000 in stolen goods.
Mrs Gittany, who was not charged over the incident, yesterday had to be helped from the court following Judge Lucy McCallum's pronouncement Simon Gittany was guilty of murder.
Gittany's record also shows he was convicted for selling cocaine and sentenced to periodic detention.
Gittany started up a number of companies, including one called Shecandy P/L, which has lodged no financial records with the Australian Securities and Investments Commission.
He was also a co-director of the now defunct Chemright Pty Ltd, and was immediately before his murder trial a director of a mail order health supplements business.
Last night Lisa's heartbroken mum, Joan, broke her silence in an exclusive interview with A Current Affair's Tracy Grimshaw.
Mrs Harnum told ACA's Grimshaw: "(Lisa) was completely brainwashed."
On Rachelle Louise, Mr Gittany's new girlfriend: "I worried for her, she reminded me of my daughter."
Simon Gittany's girlfriend screamed "you're wrong!" and had to be restrained as the GUILTY verdict was delivered http://t.co/A7VRcPkxqZ
— news.com.au (@newscomauHQ) November 27, 2013
A sorrowful -yet composed - Ms Harnum, said: "To us, it's basically closure, the end of this chapter.
"You never get chance to mourn your child, but today has been a release for us."
"You never get chance to mourn your child, but today has been a release for us."
Michelle Richmond, Ms Harnum's counsellor, stepped in at times to help during the interview.
When Grimshaw asked if the case had corrupted the memory of her daughter, Ms Harnum replied: "I know she was strong and beautiful and loving."
When Grimshaw asked if the case had corrupted the memory of her daughter, Ms Harnum replied: "I know she was strong and beautiful and loving."
"If your significant other always knows where you are and what you're doing, you need to take a serious look at what's going on," she said.
She said the warning signs were her daughter losing track of her friends and (Gittany) controlling where she went and who she associated herself with.
"It’s almost like a textbook case where one minute it's 'I love you' and 'you’re beautiful', then next it’s the violence.
“All the venues he used, the taping and tracking of her telephone - she didn’t know a lot about that until the end.
"He alienated her from the outside world. Slowly, and making her feel as if this is where she belonged and this was right and he was right for her and was only doing this for her benefit.
“They were friends to begin with and she got along with him very well, she used to say that they used to talk a lot and had a lot of fun together.
”They started a relationship later on and I think that is when the problems started."
Sensitive & couageous interview of the family of murdered young woman Lisa Harnum. Kudos to @tracygrimshaw on @ACurrentAffair9 #Gittany
— Melissa Hoyer (@melissahoyer) November 27, 2013
When Grimshaw asked if she wanted her daughter to leave Gittany, she replied, "I think as a mother you always worry about the choices your (children) make, but you can't always cover everything. We didn't wholeheartedly approve, but you have to allow your child to make their choices in life."
“We never knew the extent as to how much he was tracking her, I just remember one time when she was home and he kept calling her, she commented and said how does he always know where I am?
“She lost contact with her friends and was diminishing less and less and less of her friends.
“He was always controlling where she went or who she associated with.
“You can only say so much and women get into a situation where they almost don’t have a viewpoint of their own because they are afraid that it is going to go against what the man wants.”
What a heartbreaking interview. A dignified mother who hasn't been allowed to mourn her daughter #gittany
— Mick Carroll (@sundayteleed) November 27, 2013
Outside court earlier Ms Harnum said, "there are no winners in this case''.
"Two families have had their lives dramatically changed forever,'' she said.
"We will always mourn the loss of our beautiful Lisa Cecilia and are working towards making her legacy a powerful wake-up call to young women.
"My daughter used to say people can ask for help but children and animals cannot.
"And now young women who are caught up in situations like my daughter found herself in need a voice as well.''
Ms Harnum said her daughter's favourite saying was "families are forever''.
"Please go home and hug your kids and hug your wife and husband and make it families forever for everyone,'' she said.
Meanwhile, it has been reported Gittany was assaulted by Downing Centre inmates. He has reportedly been placed in protective custody.
Corrective Services spokesperson has reluctantly admitted #gittany will be placed into protective custody. Worst place at the MRRC. J pod.
— Andrew Jaffrey (@AndrewJaffrey) November 27, 2013
THE VERDICT:
Gittany was convicted of the murder of his beautiful fiancee, Lisa Harnum, who died after being thrown from a Sydney high-rise.
The judgment for Justice McCallum was handed down after almost five hours in the NSW Supreme Court.
The judge ruled the abusive and controlling Gittany threw his fiancee Lisa Harnum from the Sydney CBD apartment they shared on the morning of July 30, 2011.
She plunged 15 floors from the balcony of unit 1503 to her death.
Justice McCallum said: "I am satisfied beyond reasonable doubt that the accused... unloaded her over the edge."
The convicted murderer showed little emotion as the final verdict was read out. His new girlfriend, Rachelle Louise screamed uncontrollably: "You're wrong! You're wrong!"at the judge and had to be restrained. Gittany replied: "I love you, baby".
She then went outside for a cigarette surrounded by dozens of reporters, before returning to the gallery, crying. Gittany turned to face her and said: "I'm so sorry".
An ambulance arrived to treat Gittany's mother, while Lisa Harnum's mother said she hopes her daughter's murder will be a "powerful wake-up call".
#Gittany's girlfriend Rachelle Louise outside court pic.twitter.com/CX3OT1c1Aq
— Evan Zlatkis (@evanjzlatkis) November 27, 2013
Gittany will be sentenced on February 5.
Tonight he will be taken by prison van to NSW's major remand centre at Silverwater in Sydney's west, where he will be strip searched and given a prison uniform.
He will be interviewed by jail psychologists as to his mental state, placed in a cell and on suicide watch.
WHAT WE HEARD IN COURT:
- In the judge-only trial, Justice McCallum judgment lasted over four hours
- Distorted versions of the truth given by Gittany, judge says
- Gittany was monitoring his fiancee before her death
- Gittany's "scrutiny was intrusive and overbearing"
- Gittany is described by judge as "controlling, abusive, out of control"
- Judge says witnesses reliable, one said he saw Lisa being thrown
- Judge inspected apartment and conducted "careful analysis"
- No fingerprints of Lisa's on balcony, accused account "implausible"
- Judge says it is "plausible" Lisa was unconscious as she fell
She is satisfied #Gittany had "lost control" that morning.
— Amy Dale (@amydale_tele) November 27, 2013
"Lisa Harnum was prone to acting impulsively and dangerously when she was upset" judge says
— Amy Dale (@amydale_tele) November 27, 2013
Suggestions Lisa Harnum had the tendency to self harm "completely unfounded": Judge McCallum #Gitanny
— news.com.au (@newscomauHQ) November 27, 2013
THE JUDGMENT AS IT HAPPENED:
Simon Gittany sat in the dock, listening intently to Justice Lucy McCallum read her verdict. The accused shows little emotion on his face. He had a small cup of water in front of him and wore a dark jacket and crisp white shirt. His new girlfriend, Rachelle Louise watched on.
Just before the verdict was delivered, Gittany's sister placed her head in her hands, the prosecutor swiveled on his chair and listened intently while Gittany stared straight ahead. His girlfriend, Rachelle, started to cry.
Justice McCallum said she sought to avoid being influenced by the "shocking and tragic" nature of Lisa Harnum's death and had "no doubt that (Mr Gittany) and Ms Harnum loved each other" at some point in their relationship.
Lisa Harnum's mother, Joan, entered the courtroom just before the judgment began, clutching a doll and her sister's arm, with her son Jason following behind. She left 15 minutes after Justice McCallum started speaking, shaking her head in disbelief.
Justice McCallum spent the first two hours detailing Gittany's relationship with Ms Harnum.
She noted, "by the time of her death, Lisa Harnum had no friends except for a personal trainer and a counsellor."
#Gittany balcony murder trial: Justice Lucy McCallum "its clear she (Lisa) cared enough about accused that she wanted to separate amicably"
— Sandra Sully (@Sandra_Sully) November 27, 2013
She believed there is no doubt Gittany was using CCTV cameras to monitor Lisa Harnum at their apartment. The court heard Ms Harnum was subjected "to a degree of scrutiny which was intrusive and overbearing".
"Distorted" versions of the truth given by Gittany on events, judge says. So far in her remarks much of his evidence hasn't been accepted
— Amy Dale (@amydale_tele) November 27, 2013
An hour and a half into the verdict, the judge speaks of the relationship's demise - including how Ms Harnum changed her Facebook status to single and that she entered a contract for storage in Bondi, with a plan to leave her controlling fiance, Gittany.
Justice McCallum said Gittany reacted in anger on the day he saw Ms Harnum had packed her bags to leave him.
"I do not accept his denial (that he made enraged threats). I have no hesitation accepting evidence of... rage," she said.
The "accused's denials are manifestly implausible...He was controlling and abusive...and out of control."
In summarising Gittany's relationship with Ms Harnum, Justice McCallum said by the end of July it had reached crisis point:
"I do not think there can be any doubt the accused was controlling, dominating and at times abusive."
Almost two hours in, Gittany's new girlfriend stood up and left the courtroom for a cigarette.
Gittany maintained attention on Justice McCallum the entire time.
Two hours and twenty minutes into the reading of the judgment documents, Justice McCallum begins to talk about the night before and morning of Ms Harnum's death.
The court hears Gittany and Ms Harnum watched Romeo and Juliet in bed, arm in arm the evening before she was thrown to her death from the 15th floor balcony of their Sydney apartment. Gittany said he then got up to watch porn.
The judge countered this evidence: "I find it difficult to believe he was watching porn" on the morning of her death. She assumed Gittany instead got up to monitor Lisa's emails and texts.
Gittany was aware the two internal cameras in the apartment were switched off by 5.15am that morning, court hears
— Amy Dale (@amydale_tele) November 27, 2013
Justice McCallum said “there is no doubt Lisa Harnum was in absolute fear and despair on the morning of her death".
Two and a half hours into the judgment, the moment she is grabbed in the hall by Gittany and it is captured on chilling CCTV is detailed. Gittany appeared tired and slumped in the dock.
Says Gittany gave a "glib account" to police on the scene. "I found it unconvincing," judge says.
— Amy Dale (@amydale_tele) November 27, 2013
"His account of what happened appeared to exist on borrowed detail, lacking the richness of actual experience," Justice McCallum told the court.
Gittany was "a person playing a role, telling a story which fitted nearly with objective evidence".
As the judgment hit the three hour mark, the judge says the witness who saw Gittany throwing something off the balcony was credible and gave "careful and compelling" evidence.
Suspense built among media, on Twitter and in the court as the judgment entered its fourth hour and Justice McCallum called for a lunch break .
@byrnesh thanks love! With judge alone, reasons have to be given, not just the verdict. So she has to be thorough
— Amy Dale (@amydale_tele) November 27, 2013
As the court returned from lunch, Gittany looked weary in the dock.
The judge spoke about the moment of Ms Harnum's death, as described by a Japanese student who was standing at a bus stop opposite The Hyde apartments. There was no sound as she fell, just the sound of her hitting the pavement, the student said.
The student also said he saw a man do a fist pump on the balcony.
The judge calls the account "convincing, honest and careful" but says it neither supports nor detracts from either Crown or Defence case.
From the apartment, she said star witness Josh Rathmell is "reliable" and would have had a clear view of the happenings of the final moments of Ms Harnum's life.
Justice McCallum said she visited apartment 1503 and saw the computer, the place where Gittany hid his hard drives and the balcony where Ms Harnum was in her last moments.
"Perfectly plausible" if Gittany carried Lisa to the balcony, he wouldn't have stopped to remove her handbag. Bag was on Lisa when she fell
— Amy Dale (@amydale_tele) November 27, 2013
Gittany's new girlfriend Rachelle Louise mouthed: "What the f--k?" as the judge said it is "plausible" Ms Harnum was unconscious as she fell.
She said there was no sign of a struggle inside or outside the apartment and "Ms Harnum could not have done what the accused said she did without leaving fingerprints" on the glass balcony.
Likely Lisa Harnum was rendered unconscious before she plunged from the balcony to her death, judge finds. #Gittany
— Paul Bibby (@PaulEbibby) November 27, 2013
"I accept it was unlikely that the body was thrown clear of both awnings," Justice McCallum told the court.
The witness did not detail this in his account, but she said his focus may have been on the man instead.
CCTV footage of #Gittany in the lift following the fall shows the accused in an 'unguarded moment', Justice McCallum says.
— Chloe Ross (@chloebross) November 27, 2013
Justice McCallum said "Lisa Harnum may have been impulsive or maladaptive... but I do not think she was deranged".
The torn up note warning of surveillance cameras found in Lisa's jeans showed she was "in a state of great fear" about #gittany
— Amy Dale (@amydale_tele) November 27, 2013
Intensity in the courtroom was at an all-time high after four and a half hours of Justice McCallum detailing her judgment.
An emotional Joan Harnum, Lisa's mother, returned to the court, supported by three women to hear the final verdict.
As the court went silent, Justice McCallum read out the verdict: Guilty. Simon Gittany has been convicted of the murder of Lisa Harnum, by throwing her off the 15th storey balcony of their Sydney apartment.
"There is no doubt in my mind he was in a stage of rage at that point". DOESN'T accept his version of what happened that morning
— Amy Dale (@amydale_tele) November 27, 2013
THE GITTANY TRIAL:
The prosecution built a case around a jealous man who controlled his beautiful lover - ultimately leading to her death. Gittany, 40, is accused of throwing Harnum, an aspiring model and glamorous former ballerina, from the balcony of their high-rise apartment.
This is the case that has intrigued Australia.
At 9.55am on July 30, 2011, Lisa Harnum's body hit the hard, cold pavement underneath her Sydney CBD apartment.
She plunged 15 floors from the balcony of unit 1503, which she shared with her fiancé Simon Gittany.
The morning of her death, Lisa, 30, and Gittany become involved in an argument, the court heard.
The Crown alleged Gittany discovered the former ballerina was planning to leave him. The court heard she had smuggled clothes out of their apartment, packed a suitcase and tried to book an international flight.
Crown Prosecutor Mark Tedeschi described Ms Harnum's fiancé as a controlling man, who monitored her every move, including installing CCTV cameras inside their apartment.
Gittany admitted in the trial he was a "jealous partner".
"She would wear revealing clothes, sometimes with no bra. I would tell her she should continue to look beautiful but just to tone down how much she was revealing of her body so she didn't attract the wrong sort of attention and give out the wrong signals," he told the court.
"He didn't want her going to the gym, clubs, pubs, restaurants, because Simon would become enraged and jealous," said Mr Tedeschi.
"He was not satisfied with her having even the tiniest part of her life that he didn't know about or control," Mr Tedeschi said.
"Your honour could only conclude that her isolation was precisely what he wanted."
The defence claimed Ms Harnum's struggle with an eating disorder may have been the reason she jumped to her death. In the weeks before she died, Ms Harnum had told her counsellor she was again suffering from bulimia, but she did not want her fiancé to know.
The court heard she developed the illness as a teen ballerina, sliced her wrists during adolescence, had a history of anxiety and often suffered from suicidal thoughts.
In chilling evidence before the court, Ms Harnum's final moments were recorded on a hidden pinhole camera in the hallway outside their luxury unit.
The footage allegedly shows Gittany put his hand around Ms Harnum's mouth and drag her back inside as she tries to flee the apartment. A witness said she heard her scream: "Help me. God help me".
Sixty-nine seconds later, she was dead.
Gittany's barrister, Phillip Strickland SC, claimed Ms Harnum had sat calmly on the couch after she was dragged inside, then suddenly ran to the balcony, climbed over and "disappeared".
Ms Harnum went over the edge with her handbag. No fingerprints were found on the railing.
The Crown alleges Gittany threw Ms Harnum off the balcony, opposite Hyde Park, in a fit of rage as he was furious she was leaving him.
A neighbour told the court she heard "a single bone-chilling scream" during this time. Another witness said he saw a man punching into the air after something went over the balcony.
In more chilling footage, a shirtless Gittany can be seen 14 seconds after his fiancee's death leaving the apartment. He puts his hands on his head in the hallway and then returns inside.
After 33 seconds, he leaves his apartment again, this time wearing a white shirt. He enters the lift. He throws his hands in the air, bends over and is clearly agitated.
These moments are captured by Hyde Apartment's lift security camera.
He then runs out of the lift to where his fiancée lies dead on Liverpool Street.
A ripped up note was found in Ms Harnum's pocket. In her handwriting, it said she was being constantly monitored. "There are cameras inside and outside the house".
Gittany has been supported in court by his new girlfriend, Rachelle Louise.
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