By Rebecca Peppiatt and Heather McNeill
The widow of assassinated former Rebels boss Nick Martin is suing the hitman who shot her husband and the state government for the trauma she suffered watching the 51-year-old die in her arms in front of hundreds of people at Perth Motorplex.
Three years after the underworld killing that shocked Western Australia, Amanda Martin and her daughter Stacey Smiles have filed a lawsuit in the Perth District Court for “damages by way of mental harm suffered” from witnessing Mr Martin be shot “in cold blood” by a sniper as they sat next to him watching drag racing in Kwinana.
Nick and Amanda Martin.Credit: 9News Perth
The mother and daughter are relying on a section of the Fatal Accidents Act of 1959 which allows claims of liability for a death caused by a wrongful act or neglect.
“The plaintiffs claim … is for damages by way of mental harm suffered from witnessing the shooting and murder of their husband and stepfather Nick Martin, in cold blood and in their immediate presence on 12 December 2020 and whilst the plaintiffs and the deceased were all then in attendance as patrons at an event being held on licensed premises at the Kwinana Motorplex,” the writ said.
It claimed the state government was the registered proprietor of the Kwinana Motorplex. The licensee of the venue is also being sued.
Days after Mr Martin’s death, the government announced a $1 million reward for information that would lead to the arrest of whoever was responsible.
The sniper who shot Mr Martin – a former soldier whose name is suppressed by the courts – was jailed in 2021 for 20 years after confessing to his role in the death of the former Rebels boss.
Both plaintiffs are suing for damages, interest on all damages at 6 per cent as from the day of the shooting, and costs.
WA Premier Roger Cook has labelled the legal action “perplexing”.
“I’m very much looking forward to getting a briefing in terms of what the statement of claims may be,” he said.
A year ago, Mrs Martin was found not guilty of being involved an incident where her husband was accused of assaulting his accountant over dodgy tax returns.
Prosecutors alleged Mrs Martin had been party to the incident, in which the accountant was struck over the head with a large calculator by Mr Martin, who also threatened the man into withdrawing $30,000 in cash to give to him.
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