The sniper who murdered Rebels bikie kingpin Nick Martin at Perth Motorplex in December 2020 has been unmasked as former mercenary and army reservist Benjamin Luke Johnston. Johnston successfully overturned suppression orders on Friday that had previously prevented the publication of his name.
Background of the murder
Johnston ended Martin’s life with a single shot fired from a sniper rifle at a distance of 300 metres. He was sentenced to 20 years in prison in December 2021. Last year, he served as the star witness in the trial of David James Pye, whom he claimed had paid him to kill Martin.
Reasons for suppression
Johnston’s identity had been hidden since his arrest in early 2021 due to fears for his safety. Police were concerned that he was in two sets of crosshairs: Martin’s allies, who might seek revenge, and Pye’s supporters, who might want to prevent him from revealing details of the murder conspiracy. During the Pye trial, Johnston was given the codename BLJ. Pye, a former Rebel and Comanchero who is now a Mongol, was sentenced to life imprisonment.
Legal arguments for lifting suppression
Johnston’s lawyer, Frank Merenda, argued that the remaining suppression orders were obsolete. He stated that Johnston no longer feared for his safety and wanted to be known by his real name. “There is no basis for these orders any longer. The trial has been had and evidence has been given,” Merenda said.
Judge Joe McGrath questioned why the orders should remain, given that anyone with an interest in the matter seemed to know Johnston’s identity. “It’s reasonably commonly known in prison, his name and his identity. He does not have the view his safety is threatened by publication,” the judge said.
Opposition and support
WA Police did not object to lifting the suppression order. However, Pye’s lawyer, Paul Holmes, argued that the order should be maintained because the legal matter was still active, with Pye yet to be sentenced and an appeal planned. “Mr Pye and his legal team have a vested interest in maintaining the safety of Mr BLJ so he is available to give evidence at a later time,” Holmes said.
Counsel for The West Australian, Tony McCarthy, countered that the orders no longer served any real purpose. Both Johnston and Pye watched the proceedings via video link from Casuarina prison, where they are both serving their sentences. Due to bad blood between the men, jail guards are meticulous about ensuring they never cross paths.
