Mario Schembri was jailed for nine years with a minimum of seven years, and Bernadette Denny for seven years with a minimum of five years, in the Victorian Supreme Court today as a result of a conviction of the murder of Herman Rockefeller. Schembri, 58, and Denny, 42, both pleaded guilty to the manslaughter of the 51-year-old married father of two on January 21 after a swingers’ rendezvous at the couple’s home in Hadfield, in Melbourne’s north, went horribly wrong.

Bernadette Denny and Mario Schembri in court.
Justice Terry Forrest began his sentencing remarks: ‘‘Herman Rockefeller made some unorthodox choices in his adult life. So too did you, Mario Schembri, and you, Bernadette Denny. ‘‘None of those choices was in itself unlawful, nor is it the function of this court to pass judgement on them. The upshot of the choices you made, however, is that the scene was set for the totally unnecessary death of a man.”

Rockefeller had advertised as a married couple looking for discreet sexual encounters, but had arrived at the couple’s Hadfield address in early January without his wife, whose name he told them was Jenny. The pair had admitted to being angry when Mr Rockefeller showed up alone and requested sex. After a struggle, the pair put Mr Rockefeller in the boot of Schembri’s car and Denny said she could hear him moaning and tapping as they drove towards Heathcote where they planned to dump him. Justice Forrest described the killing as ‘‘a totally unnecessary death’’. Mrs Rockefeller sat just metres away from the dock but refused to look at the convicted couple as they were led from the court.

It is one of the stranger and more disturbing crimes which has been perpetrated in the criminal defense system of late. There has also been a high level of interest in the case because of the high profile nature of the victim and the darker side of his life which was brought to light in the trial.