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New $1m reward for cold case murder of three children

<p>A new $1 million reward is being offered for information about each of the murders of three First Nations children around 34 years ago. </p> <p>Four-year-old Evelyn Greenup, Clinton Speedy-Duroux, 16, and Colleen Walker-Craig, 16, disappeared from Bowraville, a town in northern NSW over a five-month period from September 1990. </p> <p>Evelyn and Clinton's remains were found in nearby bushland, but Colleen's have never been found. </p> <p>The murders were initially investigated separately before being linked by the homicide squad. </p> <p>Now, after various appeals over the decades, NSW Police have issued a re-appeal for information into the murders, with a particular focus on locating the remains of Colleen.</p> <p>“A $1 million reward for information that leads to the arrest and conviction of the person or persons responsible for each of the children’s murder remains in place, as well as for information leading to the location and recovery of Colleen’s remains,” NSW Police said on Monday.</p> <p>Detectives are also going to be spending the week in Bowraville to  speak to locals who may have information about the children's deaths. </p> <p>A man, who can't be named for legal reasons, was acquitted of Clinton's murder in 1994, and Evelyn's murder in 2006. </p> <p>The case was the subject of two police investigations, multiple trials, a coronial inquest, and a parliamentary inquiry. </p> <p>In 2018, the government tried to convince the NSW court of criminal appeal that there was fresh and compelling evidence – related to the disappearance of Colleen – in attempt to overturn the two acquittals and instead have a new single trial on three murder charges. </p> <p>However, the court refused to grant special leave to the NSW government to appeal against the decision. </p> <p>In 2019, hundreds protested in front of the gates of the Court of Appeal when a retrial was denied. </p> <p><em>Images: 7pm TV News NSW/ ABC News</em></p>

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“Witnesses” in William Tyrrell case turned away by police

<p dir="ltr">Several potential witnesses who claim to have spotted William Tyrrell after he went missing in 2014 allege that they were dismissed by police, with phone calls to Crime Stoppers also going unanswered.</p> <p dir="ltr">One woman claims to have seen the child near Uluru one year after he was reported missing, with another four people claiming they had valuable information that was ignored by authorities. </p> <p dir="ltr">As <em><a href="http://news.com.au/">news.com.au</a></em> continues their investigative podcast into Tyrrell’s disappearance, the podcast spoke to the witnesses who were allegedly ignored by police, as one woman said she “felt sick” after being dismissed when trying to report another possible sighting of William.</p> <p dir="ltr">A third possible witness said he was “p***ed off with Crime Stoppers not taking me seriously”.</p> <p dir="ltr">After the then three-year-old disappeared from Kendall on the mid North coast of New South Wales, NSW Police were inundated with information.</p> <p dir="ltr">In the following two years, there were around 2,800 calls to Crime Stoppers, and more than 1,000 possible sightings of William, with many of these tips being followed up at the time.</p> <p dir="ltr">While speaking with the podcast, one potential witness, Lois Barry, believed she saw William travelling with a group of four adults and several young children when she was on a trip to Australia’s red centre in 2015.</p> <p dir="ltr">She said she had an encounter with a blonde woman at a petrol station in Marla, South Australia, who told Ms Barry she was from the east coast of NSW.</p> <p dir="ltr">As soon as Ms Barry went into a free cubicle, she claimed the woman said: “You can come out now, Will.”</p> <p dir="ltr">Ms Barry said she saw the group again at a campsite later that night, and recognised one of the group from media reports of William’s disappearance.</p> <p dir="ltr">The boy was younger than the other children in the group and she felt he was being “hidden” by them, she said.</p> <p dir="ltr">One of the adults with the group was the blonde woman, as Ms Barry took a photo of the woman and noted down the registration numbers of the vehicles in which the group were travelling.</p> <p dir="ltr">Ms Barry told <em>news.com.au</em> she tried to report her potential sighting at the time by visiting a local police station, only to be cut off by an officer who said he was busy, and told her “don’t worry about it”.</p> <p dir="ltr">She then called Crime Stoppers “two or three times” to report what she had seen, but she said, “Crime Stoppers rang me back and said it was nothing.”</p> <p dir="ltr">Ms Barry said she has never heard directly from police.</p> <p dir="ltr">“For all those years … that was just eating at me,” she said, breaking down as she described her fears of what might have happened to William.</p> <p dir="ltr">Another potential witness, Richard Brindle, said he contacted Crime Stoppers shortly after police appealed for information about two cars “parked strangely with the driver windows down” outside the house where William was reported missing.</p> <p dir="ltr">Despite multiple reports to Crime Stoppers, Mr Brindle said he never heard back.</p> <p dir="ltr">“I had some fresh information at the time, and I rang Crime Stoppers twice. And they must have thought I was some nut job or whatever,” he said.</p> <p dir="ltr">“I was a bit p***ed off with Crime Stoppers not taking me seriously. It’s very serious stuff, it’s a boy’s life. And they didn’t even bother to interview me. I thought, ‘What a joke. No one seems to care’.”</p> <p dir="ltr"><em>Image credits: NSW Police</em></p> <p></p> <p dir="ltr"> </p> <p> </p>

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With more lawsuits potentially looming, should politicians be allowed to sue for defamation?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/brendan-clift-715691">Brendan Clift</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p>Western Australia Senator Linda Reynolds is already <a href="https://www.theguardian.com/law/article/2024/aug/19/linda-reynolds-brittany-higgins-defamation-trial-fiona-brown-ntwnfb">embroiled</a> in a bruising defamation fight against her former staffer Brittany Higgins. Now, Opposition Leader Peter Dutton is reportedly <a href="https://www.skynews.com.au/australia-news/politics/peter-dutton-to-seek-legal-advice-after-zali-steggall-called-him-racist/video/9ce7c850f30fb1bd324831f2ec2f21b5">considering suing</a> independent MP Zali Steggall after <a href="https://www.smh.com.au/politics/federal/steggall-brands-dutton-a-bully-amid-spectre-of-legal-action-20240819-p5k3ez.html">she told him</a> to “stop being racist”.</p> <p>It has become impossible to miss the fact that our political class – including some who invoke freedom of speech while disparaging others – is remarkably keen on defamation litigation in response to actual or perceived slights.</p> <p>It’s rarely a good look when the powerful sue the less powerful. It is an especially bad look for a democracy when politicians, who enjoy not just power but privileged access to communication platforms, pursue legal avenues likely to bankrupt all but the best-resourced defendants.</p> <h2>The freedom to speak one’s mind</h2> <p><a href="https://pages.eiu.com/rs/753-RIQ-438/images/Democracy-Index-2023-Final-report.pdf">Flawed democracies</a> such as Singapore are rightly <a href="https://link.springer.com/chapter/10.1007/978-981-99-5467-4_4">condemned</a> for leveraging defamation law and compliant courts against political dissent.</p> <p>While Australia’s situation is less problematic, our defamation laws historically favour reputation over freedom of speech.</p> <p>An oft-cited case in contrast is the United States, where politicians and other public figures can succeed in defamation only if they prove the publisher knew they were communicating a falsehood, or were reckless (careless to a very high degree) as to the truth.</p> <p>Statements of opinion – for instance, that Donald Trump is racist – are practically never in violation of the law. In the words of the <a href="https://supreme.justia.com/cases/federal/us/314/252/">US Supreme Court</a>:</p> <blockquote> <p>it is a prized American privilege to speak one’s mind, although not always with perfect good taste, on all public institutions.</p> </blockquote> <p>The US approach is based on the <a href="https://supreme.justia.com/cases/federal/us/274/357/">classical liberal idea</a> that “the fitting remedy for evil counsels is good ones”: speech should generally be free, and public debate in the marketplace of ideas will sort out right and wrong.</p> <h2>Putting conditions on free speech</h2> <p>The argument for free speech without guardrails may be losing traction in a post-truth world. Many modern audiences, willingly or not, occupy echo chambers and filter bubbles in which biases are reinforced rather than challenged.</p> <p>It is almost as if the High Court of Australia foresaw this in <a href="https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1997/25.html">a 1997 defamation case</a> where it held that Australia’s Constitution did not require total freedom of political communication. Reasonable limits were appropriate because widespread irresponsible political communication could damage the political fabric of the nation.</p> <p>Although the High Court reached its conclusion via <a href="https://www8.austlii.edu.au/cgi-bin/viewdoc/au/journals/SydLawRw/2005/2.html">textual interpretation</a> of the Constitution rather than deeper philosophical musings, the court’s position reflects modern preoccupations with how speech should be regulated in a democracy.</p> <p>But the political appetite for defamation litigation in this country suggests the law has not yet struck the right balance.</p> <h2>The point of defamation law</h2> <p><a href="https://www.smh.com.au/politics/nsw/business-owner-can-t-sue-over-one-star-google-review-judge-rules-20230124-p5cf05.html">Recent reforms</a> to defamation law have tried to eliminate frivolous lawsuits by introducing a threshold requirement of serious harm to reputation. A better approach may have been to presume that <em>all</em> defamation is trivial.</p> <p>Unlike other civil wrongs, which often result in physical injury or property damage, defamation’s effect on a person’s reputation is intangible.</p> <p>Unfairly tarnished reputations can usually be repaired by a public apology and correction, perhaps aided by nominal compensation for hurt feelings and to deter further defamation.</p> <p>It is therefore a mystery why courts and legislatures have allowed defamation proceedings to become some of the most complex and expensive civil claims around, and why damages are <a href="https://www.bbc.com/news/world-australia-48379980">so large</a>.</p> <p>A high-profile case can easily generate <a href="https://www.theguardian.com/australia-news/2024/apr/24/bruce-lehrmann-defamation-trial-legal-costs-channel-10-brittany-higgins-rape-allegation-ntwnfb">millions of dollars</a> in legal costs on both sides, dwarfing the final award which might itself run to hundreds of thousands of dollars.</p> <p>Taiwan offers a useful contrast. There, although politicians can sue for defamation, proceedings are relatively simple and damages are <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2668444">much smaller</a> – one might say proportionate to the harm done.</p> <p>Under both approaches, the successful litigant, whether it be the publisher or the person whose reputation has suffered, is vindicated. Surely that is the point.</p> <p>Where only the wealthy can afford to assert their rights, and where vindication of reputation takes a back seat to airing grievances, punishing opponents and enriching lawyers, defamation law is in a state of dysfunction.</p> <h2>Should pollies sue?</h2> <p>It’s sometimes said that politicians should not be able to sue for defamation at all because they themselves can say what they like under the protection of <a href="https://www.aph.gov.au/about_parliament/house_of_representatives/powers_practice_and_procedure/00_-_infosheets/infosheet_5_-_parliamentary_privilege#:%7E:text=What%20is%20parliamentary%20privilege%3F,the%20law%20of%20the%20Commonwealth.">parliamentary privilege</a>, immune from defamation and other speech laws.</p> <p>Parliamentarians do enjoy that protection, but its personal benefit is secondary. Parliamentary privilege, like courtroom privilege, exists because the nature of democratic (and judicial) deliberation requires that anything can be said.</p> <p>If a politician steps outside parliament and repeats a defamatory statement first made within its walls, they are vulnerable to being sued. <a href="https://www.abc.net.au/news/2021-03-03/sarah-hanson-young-david-leyonhjelm-defamation-appeal/13210042">David Leyonhjelm</a> learned this the hard way, and <a href="https://www.smh.com.au/politics/federal/steggall-brands-dutton-a-bully-amid-spectre-of-legal-action-20240819-p5k3ez.html">Steggall</a> may, too.</p> <p>It’s reasonable that politicians should also have rights of action in defamation. But those rights must be constrained according to what is appropriate in a democratic society.</p> <p>A way to better align defamation law with democratic expectations may be to return cases to the state courts and reinstate juries to a prominent role. Currently, the <a href="https://www.smh.com.au/national/the-death-of-juries-and-the-rise-of-blockbuster-federal-court-defamation-trials-20240125-p5ezyv.html">overwhelming majority</a> of cases are brought in the Federal Court, where they are decided by a judge sitting alone.</p> <p>If a public figure claims their reputation has been tarnished in the eyes of the community, we should test that factual claim with members of that community under the legal guidance of a judge. That might make for a welcome injection of common sense.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/237026/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/brendan-clift-715691">Brendan Clift</a>, Lecturer in Law, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p><em>Image credits: Instagram</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/with-more-lawsuits-potentially-looming-should-politicians-be-allowed-to-sue-for-defamation-237026">original article</a>.</em></p> </div>

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Major update in case against accused Russian spies

<p>Accused Russian spies Kira and Igor Korolev have had their assets seized by the AFP as the investigation into their espionage-related offences continues. </p> <p>Kira, an Australian Defence Force army private, and her husband became the first Australians to be charged with espionage since 2018 after allegedly working together to leak state secrets to Russia.</p> <p>The couple were <a href="https://oversixty.com.au/finance/legal/aussie-couple-arrested-and-charged-with-spying-for-russia" target="_blank" rel="noopener">arrested</a> in July in their Brisbane home and were charged with one count each of preparing for an espionage offence, which carries a maximum penalty of 15 years’ imprisonment.</p> <p>Now, as the investigation into their activities continue, the AFP have sought an order to confiscate the apartment, assets and financed.</p> <p>The AFP-led Criminal Assets Confiscation Taskforce (CACT) is seeking to confiscate the married couple’s apartment and financial savings under the Proceeds of Crime Act 2002 (Commonwealth).</p> <p>Last Friday, the Queensland Supreme Court made restraining orders over property owned by the couple, valued in excess of $550,000.</p> <p>The property subject to the restraining orders includes a Brisbane apartment owned by the couple, multiple bank accounts, and the superannuation funds acquired by Ms Korolev during her employment with the ADF.</p> <p>According to authorities, Kira, 40, undertook non-declared travel to Russia while on leave from the ADF and instructed her 62-year-old husband Igor, who remained in Australia, to log into her work account from their Brisbane home.</p> <p>The couple allegedly unlawfully accessed, copied and disseminated information from the Department of Defence computer systems that concerned the national security of Australia.</p> <p>The couple have not entered pleas to the charge against them and remain in custody on remand, and are next scheduled to appear in court in September. </p> <p><em>Image credits: Facebook</em></p>

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Major breakthrough solves 44-year-old cold case

<p>A decades-old mystery surrounding a human jawbone found on Umina Beach on the NSW Central Coast has been solved, thanks to advances in DNA analysis techniques. The jawbone, discovered by a dog walker in June 2020, was recently identified as belonging to a teenager who tragically drowned nearly half a century ago.</p> <p>Police announced the breakthrough in a statement on Sunday, revealing that the jawbone belonged to Henry Coleman, a 17-year-old who died in an accidental drowning on the Central Coast in August 1980. The remains, though blackened, were remarkably well-preserved and still contained some teeth when found on the beach.</p> <p>Detectives initially determined the remains were human and male, but extensive traditional inquiries failed to establish an identity. It wasn't until March 2023 that a major breakthrough was made using new DNA analysis technology. This technology, which combines advanced DNA analysis with traditional genealogy, allowed investigators to use commercial DNA databases to identify suspects and unknown remains.</p> <p>The key to solving the case was a genetic link to a possible living relative. A voluntary DNA sample from this relative confirmed the jawbone belonged to Coleman. The young man had been laid to rest in the 1980s, but it was not known at the time that part of his jaw was missing.</p> <p>Detective Inspector Ritchie Sim highlighted the importance of public participation in resolving missing persons cases. "This investigation showcases the importance of DNA testing in missing person cases," he said. "Without the combined efforts of our detectives, scientists, and analysts, we would not have been able to return these remains to their resting place and provide closure to Mr Coleman’s family."</p> <p>Sim went on to urge those who have reported a family member missing to police, and who have the Event number, to provide their DNA at a local police station. "Just like in Mr Coleman’s case, your relationship with the missing person can be several generations apart," he added.</p> <p><em>Images: 7News</em></p>

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Ted Bundy cold case finally solved after 51 years

<p>In March 1973 the half-naked body of Ann Woodward was found brutally murdered on the floor inside the pub that she owned with her husband.</p> <p>The 46-year-old mother's body was discovered between two pool tables, with <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">her shirt unbuttoned and </span><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">pants used to strangle her.</span></p> <p>Her murder has haunted the small US desert town of Moab, Utah for over half a century. While police were never able to find her killer, they believed Ted Bundy was the likely culprit, as he had raped and killed multiple women in the area around the time of her death. </p> <p>While Bundy admitted to thirty murders, his real victim count is unknown. </p> <p>However, they had not been able to prove that he was the culprit due to a lack of evidence, so police assumed she was just another one of his unnamed victims. </p> <p>25 other men, including Douglas Keith Chudomelka, had also been of interest to police after the crime, as witnesses spotted Chudomelka's sedan parked near the victims car on the night of the murder. </p> <p>However, when Chudomelka was interviewed the next day, he denied being at the bar, and insisted that he was at a nearby tavern. </p> <p>His girlfriend at the time, a woman named Joyce, also backed his statement and said he was home at the time of the murder on March 2, 1973. </p> <p>A few months later, Chudomelka was arrested on a domestic violence charge, with an angry Joyce claiming he had been the one who killed Ann Woodward, but she soon retracted her statement. </p> <p>With no new leads, the case went cold, but forward-thinking Police Chief Melvin Dalton, decided to keep DNA evidence from both the victim and all potential suspects anyways, in hopes that one day the right technology would be used to identify the killer. </p> <p>In 2006, Dalton reopened the case, <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">but had no luck until September 2023, when Detective Jeremy Dexler decided to uncover the two boxes of evidence collected from the initial investigation and send it to the crime lab. </span></p> <p>The DNA evidence had sat at the Moab police department's storage units for over 50 years and was not easy to locate as it had been moved to another building. </p> <p>The evidence was crucial in solving the cold case. </p> <p>When results from the crime lab came back at the end of May 2024, they confirmed that a substantial amount of Chudomelka’s DNA was on the inside of Ann’s pants and on all of the buttons of her shirt.</p> <p>This was enough to confirm that Chudomelka was the one responsible for Ann Woodward's murder. He was 36 when he committed the crime.</p> <p>Chudomelka was not known to the victim, but Detective Drexler believes that he may have played a game of poker with Ann when he visited the pub, and may have been angry at her for beating him. </p> <p>He added that it could have also been a crime of opportunity rather than rage as he had a violent history. </p> <p>Detective Drexler praised Dalton's forward-thinking for being the reason why they solved the case. </p> <p>“This case hinged on the hair Dalton pulled in 1973,” Drexler said.</p> <p>“I have no idea how he knew that we would be able to do that today. Dalton made this case very easy for us in that aspect.”</p> <p>Chudomelka passed away in 2002 at the age of 67 without ever paying for his crime, but County Lawyer Stephen Stocks believes that if he was still alive, he would've been found guilty of murder. </p> <p>“I hope today brings some closure to the family,”  he said. </p> <p>“I truly believe had this been presented to a jury, Chudomelka would have been found guilty beyond reasonable doubt for the murder of Ann Woodward.”</p> <p><em>Images: Moab Police Department</em></p> <p> </p>

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Pauline Hanson responds to Robert Irwin's defamation claims

<p>Pauline Hanson's lawyers have slammed Robert Irwin's “nonsensical”, after he <a href="https://www.oversixty.com.au/finance/legal/robert-irwin-threatens-to-sue-pauline-hanson-over-defamatory-cartoon" target="_blank" rel="noopener">threatened to take legal action</a> against the politician over the latest controversial episode of her Youtube series <em>Please Explain</em>. </p> <p>The satirical cartoon, features Irwin's misadventures with Bluey as they attempt to promote a new tourism campaign for Queensland.</p> <p>In the video, their car was stolen by "juvenile delinquents" before Bluey falls into a giant pothole, and then they had to wait six months for healthcare. </p> <p>Irwin's lawyers alleged that the cartoon was defamatory and involved the “unauthorised and deceptive use of our client’s image”, and demanded them to remove it from social media by 5pm Monday. </p> <p>However, the politician has ignored their threats of taking legal action, with her lawyers responding that the video was a “satirical assessment of the various failings of the Queensland State Government”  and that it was not defamatory in any way. </p> <p>They said that the video, which referenced a recent tourism campaign Irwin was in, was “a humorous critique of that advertisement published primarily for a political purpose”.</p> <p>“Your clients’ claims of passing off and defamation are so plainly inconsistent as to be nonsensical," they wrote in a letter addressed to Irwin's lawyers. </p> <p>“It is difficult to comprehend how a viewer could understand that the video represents an affiliation with your client if he is also being defamed in the same publication.”</p> <p>Hanson also insisted that she would not take down the video. </p> <p>“I will not be removing the latest episode of Pauline Hanson’s Please Explain,” she wrote on X, formerly Twitter. </p> <p>“I look forward to the day when Robert and I can have a good laugh over this and turn our focus to making Queensland a better state.”</p> <p><em>Image: Instagram/ X/ Getty</em></p>

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Robert Irwin threatens to sue Pauline Hanson over "defamatory" cartoon

<p>Robert Irwin has threatened to sue One Nation leader Pauline Hanson for defamation. </p> <p>In the latest episode of Pauline Hanson's cartoon series <em>Please Explain</em>, Irwin claimed that he was mocked after it depicted him and Bluey promoting a new tourism campaign for Queensland.</p> <p>The episode satirically depicted Irwin attempting to show Bluey the best of Queensland, but mocked the state's housing crisis, youth crime, and health care. </p> <p>At one point in the cartoon, the pair mistake a long queue for a rental property for a line at Movie World. </p> <p>FC Lawyers, who are acting on behalf of the wildlife conservationist, have sent a cease and desist letter to StepMates Studios, the production team behind Pauline Hanson’s <em> </em>cartoon series.</p> <p>In the letter obtained by <em>NewsWire</em>,  Irwin's lawyer claimed that the cartoon is defamatory and  involves the “unauthorised and deceptive use of our client’s image”.</p> <p>“You are potentially liable to our client in respect of defamation, deceptive use of a person’s image, passing off and misleading and deceptive conduct,” the letter sates. </p> <p>“We will commence legal action against you if you do not take down the video immediately.”</p> <p>The letter also claims that the cartoon tarnished Irwin's reputation and misled the public, causing “significant harm to our client’s brand and image”.</p> <p>“We are concerned that the unlawful use of our client’s image may be an attempt to pass off yourself or party as currently being affiliated or otherwise authorised by us, which you are not,” it continues.</p> <p>“This unlawful use has the potential to mislead or deceive consumers into believing that you have.</p> <p>“The use of our client’s image and name on the video is capable of leading not an insignificant number of reasonable and/or ordinary people into erroneously believing that the Pauline Hanson is associated with Robert.”</p> <p>Some people have defended Irwin's move, saying: "It is Pauline Hanson who is the politician and she has a record of trying to sue others when offended."</p> <p>"She likes to dish it out but can’t take it which will cost her at the ballot box!"</p> <p>"What about when Pauline Hanson threatened legal action over Pauline Pantsdown," another added. </p> <p>However, a few others have called him a "snowflake" and told him to "grow up". </p> <p>"Your dad would [have] had a good laugh at Pauline's cartoon. Grow up, stop being a snowflake!" one person wrote on X.</p> <p>"Robert Irwin is very thin skinned he needs a laugh," another added. </p> <p><em>Images: news.com.au/ Instagram/ Getty</em></p>

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New development in Samantha Murphy murder case

<p>In a significant turn of events, Patrick Stephenson, the man charged with the murder of Samantha Murphy, has secured high-profile legal representation. Samantha Murphy, a beloved mother of three, disappeared after going for a run on Sunday, February 4. Despite extensive searches near her home in Ballarat, her body has not been found.</p> <p>Patrick Orren Stephenson, 22, was charged with the 51-year-old’s murder in March. He has now enlisted the services of renowned solicitor Paul Galbally from Melbourne law firm Galbally O’Bryan.</p> <p>Galbally is recognised for his expertise in handling some of the country’s largest and most intricate criminal cases, with previous clients including the late Catholic Cardinal George Pell, who was initially convicted but later acquitted of historic child sex charges.</p> <p>In a major breakthrough in the investigation, <a href="https://www.oversixty.com.au/finance/legal/major-update-in-search-for-samantha-murphy-s-body" target="_blank" rel="noopener">police discovered Samantha Murphy’s missing phone</a> last Wednesday. The phone, found in a dam about 19km south of the Murphy family home, is in near-perfect condition despite being submerged in mud. Forensic testing on the phone is ongoing and could provide crucial information about her final movements.</p> <p>Samantha's husband, Mick, confirmed the phone belonged to his wife immediately upon being informed by the police. The recovery of the phone was a moment of subdued celebration for the officers, with footage from the ABC showing them hugging and shaking hands at the discovery site.</p> <p>Cybersecurity expert Nigel Phair called the phone’s recovery a “game changer” for the investigation. “The physical properties of the phone will obviously be damaged," he said. "But what’s behind it, those ones and zeros of data, will be retrievable.” </p> <p>Samantha Murphy was last seen leaving her Eureka Street home in Ballarat at around 7 am for a 14km run through the Woowookarung Regional Park. Police believe she reached the Mount Clear area, adjacent to the park, about an hour after leaving home. Subsequent searches by police and volunteers have yet to locate any trace of her.</p> <p>In February, a large group of volunteers gathered at Ballarat’s Eureka Stockade Memorial Park to search the surrounding bushland, using metal detectors and even a sniffer dog. Later, police conducted a targeted search of Buninyong Bushland Reserve, employing specialist units including mounted officers, the dog squad and motorcyclists. This search was driven by intelligence from multiple sources.</p> <p>Patrick Stephenson, who has not yet entered a plea, is scheduled to appear at Ballarat Magistrates’ Court on August 8, facing charges of Samantha Murphy’s murder. The case continues to unfold as investigators hope the data recovered from Samantha's phone will provide new leads and bring them closer to solving this tragic mystery.</p> <p><em>Images: Supplied / Facebook</em></p>

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Bombshell allegations in murder case of young school girl

<p>The man accused of murdering nine-year-old Charlise Mutten has claimed her mother was the one to pull the trigger. </p> <p>Justin Stein, 33, is facing trial for allegedly murdering Charlise in January 2022 at Mount Wilson, in the Blue Mountains west of Sydney.</p> <p>Nine-year-old Charlise was shot once in the head and once in the back, with her body recovered from a barrel dumped near the Colo River, four days after she was reported missing by her mother.</p> <p>On Monday, Stein formally pleaded not guilty to the charges, and has now alleged it was actually Charlise's mother who killed her and helped stuff her body in a barrel before lying to police. </p> <p>The court heard that Stein was in a relationship with Charlise's mother Kallista Mutten, as the pair met while both serving jail sentences. </p> <p>Both parties struggled with substance abuse, as Kallista had been using ice since she was in her early 20s, while Justin had been undergoing treatment for heroin addiction. </p> <p>Before the alleged murder, Stein and Kallista broke into a neighbour’s home near the Mount Wilson property, taking two firearms, crown prosecutor Ken McKay SC told the jury.</p> <p>Stein initially told police the girl may have been taken by unknown persons, but later told a corrections officer Kallista had shot and killed her daughter and that he had helped dispose of the body.</p> <p>According to Stein’s lawyer, Carolyn Davenport SC, Stein had been inside a shed on the Blue Mountains property when he heard a gunshot, and had gone outside to see Kallista shooting her daughter a second time.</p> <p>At the time of her death, Charlise was living with her grandparents at Tweed Heads, and had flown to Sydney on December 21st with plans to spend Christmas and New Year’s Eve with her mother and Stein.</p> <p><em>Image credits: ABC / NSW Police </em></p>

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Brutal cost of Bruce Lehrmann’s failed defamation case

<p>Bruce Lehrmann has been ordered to pay the majority of Network Ten's multi-million dollar legal fees after his failed defamation case. </p> <p>In April, Lehrmann faced a huge loss after the Federal Court found an allegation that he raped Brittany Higgins in a Parliament House office in March 2019 was most likely true, therefore is unable to be defamed for the allegations. </p> <p>The 28-year-old had sued Network Ten for defamation over a February 2021 report on <em>The Project</em>, in which journalist Lisa Wilkinson interviewed Higgins over the rape allegation.</p> <p>Since the defamation case drew to a close, the parties have been in dispute over the legal costs and who should foot what is expected to amount to a sizeable legal bill for the long-running and high-profile case.</p> <p>On Friday afternoon, Justice Michael Lee found in favour of Ten's application for indemnity costs for most of the trial, as Lehrmann is now ordered to pay for the network's and Wilkinson's costs on an ordinary and indemnity basis, but he will not have to pay costs for some affidavits.</p> <p>"In the end, it comes down to the order for costs that best does overall justice in the circumstances," Lee told the court.</p> <p>"On balance, the appropriate exercise of discretion is to make an award that Network Ten recover its costs against Mr Lehrmann on an indemnity basis, except for costs incurred in relation to the statutory qualified privilege defence."</p> <p>In explaining his decision, the judge said he found Lehrmann had defended the criminal charge "on a false basis, lied to police, and then allowed that lie to go uncorrected before the jury".</p> <p>"He wrongly instructed his senior counsel to cross-examine a complainant of sexual assault, in two legal proceedings, including, relevantly for present purposes, this case, on a knowingly false premise," he said.</p> <p>Earlier in the week, the court heard Lehrmann had no financial backers and that his lawyers had agreed they did not need to be paid if he lost the case.</p> <p>The total amount he will have to pay will be determined at a hearing later in May.</p> <p><em>Image credits: Getty Images </em></p> <p style="box-sizing: border-box; font-size: 18px; line-height: 24px; color: #333333; caret-color: #333333; font-family: 'Proxima Nova', system-ui, -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Helvetica Neue', sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol';"> </p>

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"I killed them": Major twist in slain Aussie brothers case

<p>The girlfriend of the man who allegedly killed Perth brothers Callum and Jake Robinson has reportedly "flipped" on her partner, becoming the star witness in the case. </p> <p>Ari Gisel García Cota was arrested earlier this week, along with her partner Jesús Gerardo Garcia Cota and his brother Cristian Alejandro Garcia, after the bodies of the Robinson brothers and their friend were found on Saturday in a desolate section of Santo Tomas in the Baja California region.</p> <p>According to Mexico police, the three men were killed as a result of a failed robbery, after locals attempted to steal the tyres from their pick-up truck.</p> <p>The bodies of the three men were recovered from a 15-metre deep well, with each man having fatal gun shot wounds to the head. </p> <p>In a major twist to the case, prosecutors revealed to court on Wednesday that Ari Gisel García Cota had become a key witness in the case after turning on the "ringleader" of the crime. </p> <p>“She has flipped on the ringleader and the evidence she’s provided to the prosecution will lead this case going forward,” Nine News correspondent Alison Piotrowski, who was in the courtroom, told 2GB’s Ben Fordham on Thursday.</p> <p>“What’s alleged is that Jesús Gerardo was driving her car that night when he went out to that remote campsite. The prosecution is saying what we’ve been talking about for the last couple of days has potentially happened, that the two Aussies and their American friend were ambushed.”</p> <p>Prosecutors allege Jesús Gerardo “killed them, took their tyres, put the tyres on her car and drove back”.</p> <p>When he went back to their house, the court heard he allegedly told Ari Gisel, “I f**ked up three gringos (English-speaking foreigner).”</p> <p>“She said to him, ‘What do you mean by that?’ And he told her, ‘I killed them’, and then showed her the vehicle with Jake, Callum and Jack’s tyres on her car,” Piotrowski said.</p> <p>“Ari was arrested later that day, she had fled to her mother’s house to get away from him. When the officers arrested her they said, ‘You have the right to remain silent’, and she said, ‘I don’t want to be silent, I want to tell you what I know. I’m a victim of domestic violence, I want to protect my four-year-old so let me help you with this case.’ So she has spectacularly turned on him and will now be crucial in this case moving forward.”</p> <p>Piotrowski added that the stunning revelation explained why Mexican officials “have been able to put him behind bars so quickly and also how they found the bodies”.</p> <p>“This conversation that he had with his girlfriend is pretty damning,” she said.</p> <p>So far only Jesús Gerardo Garcia Cota has been charged in connection with the deaths of the three men, and only with forced kidnapping, while Ari Gisel García Cota and Cristian Alejandro Garcia have only been charged with drug possession.</p> <p>Piotrowski said the kidnapping charges may not be upgraded to murder until the next court hearing, although the judge has more questions about how the three men were killed. </p> <p>“The judge did say that he can’t understand how one sole person could have done this, essentially kidnap and kill three men and take their tyres, it seems like too much,” she said.</p> <p>“He suggested that the prosecution needed to look into more suspects, that they needed to broaden their investigation because it couldn’t have been done by one man alone.”</p> <p><em>Image credits: Instagram / State Commission of the Penitentiary System of Baja California</em></p>

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Huge reward to help solve cold case of missing mum

<p>Police are offering a $500,000 reward for information to help solve a cold case that suspect was a murder. </p> <p>Tammy Lisa Dyson, also known as Tamela Menzies, was 23 when went missing from the Currumbin area in 1995. </p> <p>The mother of two was picked up from a drug rehab clinic by a woman claiming to be her sister on July 20, 1995 and has not been seen since. </p> <p>Dyson was born and raised in Victoria before moving to Brisbane in 1988, where she worked in the adult entertainment industry under the nickname "Pebbles". </p> <p>Police believe she began mixing with criminals and using drugs while working in strip clubs on the Gold Coast.</p> <p>In early 1995 Dyson arranged for her young sons, Jyles and Rainey, to stay with their grandmother in Victoria temporarily.</p> <p>A few months later she made a distressed call to her sister Olivia, who said she had been assaulted. </p> <p>Olivia and her partner then dropped Dyson off to a drug rehabilitation centre at Currumbin on the Gold Coast, and on July 20, 1995 she was picked up by someone claiming to be her sister. </p> <p>The following day, Tammy completed a statutory declaration signed by a Justice of the Peace in Tweed Heads, giving custody of her children and her possessions to her mother.</p> <p>She also called her sister one last time, with Olivia recalling that Tammy "didn't sound like herself" and she had mentioned underworld figures. </p> <p>Police have received a number of reported sightings of Tammy since 1995 but all proof of life inquiries have  been proven negative.</p> <p>In 2012, the Queensland coroner said that they believed Tammy was deceased and indicated that she may have been a victim of violence, although a certain date, time and cause of death have not been determined. </p> <p>Police are now offering the huge reward for new information and immunity from prosecution for any accomplice who comes forward.</p> <p>"Tammy associated with criminals that were known to police and vanished without a trace after giving custody of her children and possessions to her mother; we believe the circumstances of her disappearance is suspicious," Detective Senior Sergeant Tara Kentwell said.</p> <p>On Wednesday, her sons, who were only three and one when their mother disappeared, made an emotional appeal for public help to find her. </p> <p>"Growing up without mum and not knowing what happened to her has been very hard," Jyles Lebler said through tears during a media conference. </p> <p>"Whoever has picked her up, I'm not saying they have done something but they must know something bad has happened."</p> <p>"We hope we find out what to mum to give grandma some closure before it's too late," Rainey added.</p> <p><em>Images: Queensland Police</em></p>

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Eye infections might seem like a minor complaint – but in some cases they can cause blindness and even death

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/adam-taylor-283950">Adam Taylor</a>, <a href="https://theconversation.com/institutions/lancaster-university-1176">Lancaster University</a></em></p> <p>When you think of eye infections, what comes to mind? Puffy, swollen bruised feeling eyelids that get glued together with gunk overnight? That feeling of having grit in your eye that can’t be cleaned away? Eye infections may seem like a relatively minor – if unsightly and inconvenient – complaint, but they can also be far more serious.</p> <p>Take the deadly outbreak of <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5022785/">antibiotic resistant</a> bacteria <a href="https://www.cff.org/managing-cf/burkholderia-cepacia-complex-b-cepacia"><em>Burkholderia cepacia</em></a> in 2023-24, for example.</p> <p>Between January 2023 and February 2024, contaminated brands of lubricating eye gel were linked to the infection of at least 52 patients. <a href="https://www.independent.co.uk/news/health/contaminated-eye-gel-outbreak-death-b2523446.html">One person died</a> and at least 25 others suffered serious infections.</p> <p>The outbreak has now subsided and products are <a href="https://www.gov.uk/drug-device-alerts/specific-brands-of-carbomer-eye-gel-recall-of-aacarb-eye-gel-aacomer-eye-gel-and-puroptics-eye-gel-potential-risk-of-infection-dsi-slash-2023-slash-11#update-2-april-2024">back on the shelves</a> but it isn’t the first time that <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8335909/">medicinal products</a> have led to outbreaks of <em>B cepacia</em>.</p> <p>The bacterium is an opportunistic pathogen known to pose a significant risk to people with cystic fibrosis, chronic lung conditions and weakened immune systems. The infection likely progresses from the mucous membranes of the eyelids to the lungs where it leads to pneumonia and septicaemia causing <a href="https://erj.ersjournals.com/content/17/2/295">death in days</a>.</p> <p>But it’s not just <em>B cepacia</em> that can threaten our health. Something as simple as rubbing our eyes can introduce pathogens leading to infection, blindness and, in the worst case, death.</p> <p>Bacteria account for up to <a href="https://pubmed.ncbi.nlm.nih.gov/16148850/">70% of eye infections</a> and globally <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9032492/">over 6 million people</a> have blindness or moderate visual impairment from ocular infection. Contact lens wearers are at <a href="https://www.aao.org/eye-health/diseases/contact-lens-related-eye-infections">increased risk</a>.</p> <figure><iframe src="https://www.youtube.com/embed/pWsx8i1kaxs?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>The eye is a unique structure. It converts light energy to chemical and then electrical energy, which is transmitted to the brain and converted to a picture. The eye uses about <a href="https://www.ncbi.nlm.nih.gov/books/NBK11556/">6 million cones and 120 million rods</a> which detect colour and light.</p> <p>Eye cells have <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8775779/">no ability to regenerate</a> so, once damaged or injured, cannot be repaired or replaced. The body tries its best to preserve the eyes by encasing them in a <a href="https://www.ncbi.nlm.nih.gov/books/NBK531490/">bony protective frame</a> and <a href="https://www.ncbi.nlm.nih.gov/books/NBK482428/">limiting exposure</a> having eyelids to defend against the environmental damage and ensure the eyes are kept lubricated.</p> <p>Despite our bodies’ best efforts to shield the eyes from harm, there are a number of common eye infections that can result from introducing potential pathogens into the eyes.</p> <h2>Conjunctivitis</h2> <p>The outer-most layer of the eye, the sclera, bears the brunt of exposure and to help protect it, it is lined by a thin moist membrane called the <a href="https://my.clevelandclinic.org/health/body/24329-conjunctiva">conjunctiva</a>.</p> <figure><iframe src="https://www.youtube.com/embed/RZ4danuJwd0?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>The conjunctiva is <a href="https://innovations.bmj.com/content/9/4/253">highly vascularised</a>, which means it has lots of blood vessels. When microbes enter the eye, it is this layer that mounts an immune response causing <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8328962/">blood vessels to dilate</a> in the conjunctiva. This results in <a href="https://www.cdc.gov/conjunctivitis/about/symptoms.html">“pink eye”</a>, a common form of conjunctivitis. Conjunctivitis can be caused by bacteria, allergens or viruses and typically heals by itself.</p> <h2>Blepharitis</h2> <p>Blepharitis is an inflammation of the eyelid and usually affects both sides. It can cause itchy eyes and dandruff-like flakes. It’s most commonly caused by <a href="https://www.tandfonline.com/doi/pdf/10.3109/09273948.2013.870214"><em>Staphylococcus</em> bacteria</a>, or the <a href="https://cks.nice.org.uk/topics/blepharitis/background-information/causes/">dysfunction of the glands</a> of the eyelids. It can be treated by <a href="https://www.nhs.uk/conditions/blepharitis/">cleaning the eyes</a> regularly.</p> <h2>Stye</h2> <p>A stye (also called <a href="https://www.college-optometrists.org/clinical-guidance/clinical-management-guidelines/hordeolum">hordeolum</a>) is a painful infection of the upper or lower eyelid. <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5370090/">Internal styes</a> are caused by infection of an oil-producing gland inside the eyelid, whereas <a href="https://pubmed.ncbi.nlm.nih.gov/28723014/">external styes</a> develop at the base of the eyelash because of an infection of the hair follicle. Both are caused by bacteria, typically <a href="https://jamanetwork.com/journals/jamaophthalmology/fullarticle/1874715">the <em>S aureus</em> form of the <em>Staphylococcus</em> species</a>.</p> <figure><iframe src="https://www.youtube.com/embed/INKrGOdy824?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>Styes can be treated by holding a clean flannel soaked in warm water against the affected eye for five to ten minutes, three or four times a day. Do not try to burst styes – this could spread the infection.</p> <h2>Keratitis</h2> <p>Keratitis is the inflammation of the cornea, the transparent part of the eye that light passes through. The cornea is part of the eye’s main barrier against dirt, germs, and disease. Severe keratitis can cause ulcers, damage to the eye and even blindness.</p> <p>The most common type is bacterial keratitis; however, it can also be caused by <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7998329/">amoeba</a>, which can migrate to other parts of the body – including the brain – and cause infection and <a href="https://theconversation.com/nasal-rinsing-why-flushing-the-nasal-passages-with-tap-water-to-tackle-hay-fever-could-be-fatal-225811">even death</a>.</p> <p>Noninfectious keratitis is most commonly caused by wearing contact lenses for too long, especially while sleeping. This can cause scratches, dryness and soreness of the cornea, which leads to inflammation.</p> <h2>Uveitis</h2> <p><a href="https://www.nhs.uk/conditions/uveitis/">Uveitis</a> is inflammation of the middle layer of the eye. Although relatively rare, it is a serious condition and usually results from viral infections such as <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8501150/">herpes simplex</a>, <a href="https://pubmed.ncbi.nlm.nih.gov/29023181/">herpes zoster</a> or <a href="https://link.springer.com/chapter/10.1007/978-3-319-09126-6_40">trauma</a>. Depending on where the inflammation is in the eye, the symptoms can be anything from redness, pain and floaters to blurred vision and <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1772296/">partial blindness</a>.</p> <h2>Exogenous endophthalmitis</h2> <p>This is a rare but serious infection caused by eye surgery complications, penetrating ocular trauma (being stabbed in the eye with a sharp object) or foreign bodies in the eye. Foreign bodies can be anything from dirt and dust to small projectiles such as shards of metal from drilling, explosives or soil from farm machinery and <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7286045/">many other sources</a>.</p> <h2>Dacryocystitis</h2> <p>Dacryocystitis is the inflammation of the nasolacrimal sac, which drains tears away from the eye into the nose. This condition can be <a href="https://pubmed.ncbi.nlm.nih.gov/8443113/">acute</a>, <a href="https://www.nature.com/articles/6700662">chronic</a> or <a href="https://www.jebmh.com/articles/a-study-of-congenital-dacryocystitis.pdf.pdf">acquired at birth</a>. Most cases are caused by <a href="https://bmcophthalmol.biomedcentral.com/articles/10.1186/s12886-020-01792-4"><em>Streptococcus pneumoniae</em> and <em>Staphylococcus aureus</em></a> bacteria.</p> <p>The condition mainly affects newborns and those over 40. Seventy-five per cent of cases are women and it’s most commonly found in <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6039673/">white adults</a>. It can lead to the stagnation of tears, creating a breeding ground for microbes.</p> <h2>Careful with contacts</h2> <p>Proper eye hygiene reduces the risk of all these conditions – and this is even more important for contact lens wearers.</p> <figure><iframe src="https://www.youtube.com/embed/uENHAntJOIA?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>Appropriate hygienic cleaning of lenses is paramount. <a href="https://pubmed.ncbi.nlm.nih.gov/30789440/">Non-sterile water</a>, <a href="https://www.aao.org/eye-health/glasses-contacts/contact-lens-care">spit</a> and other fluids can transfer <a href="https://www.science.org/content/article/bacteria-living-your-contact-lens-solution">potentially dangerous</a> <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3482476/">microbes</a> into the eye – a warm, moist environment that makes an ideal breeding ground for bacteria – leading to <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9542356/">localised infection</a>, <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3972779/">blindness</a> or progress to a more serious <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9835757/">systemic infection or death</a>.</p> <p>Any persistent and painful redness or swelling of eyes should be checked by a registered health professional.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/227252/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/adam-taylor-283950">Adam Taylor</a>, Professor and Director of the Clinical Anatomy Learning Centre, <a href="https://theconversation.com/institutions/lancaster-university-1176">Lancaster University</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/eye-infections-might-seem-like-a-minor-complaint-but-in-some-cases-they-can-cause-blindness-and-even-death-227252">original article</a>.</em></p> </div>

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Judge finds Bruce Lehrmann raped Brittany Higgins and dismisses Network 10 defamation case. How did it play out?

<p><em><a href="https://theconversation.com/profiles/brendan-clift-715691">Brendan Clift</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p>Bruce Lehrmann has lost his defamation suit against Channel Ten and journalist Lisa Wilkinson after the media defendants proved, on the balance of probabilities, that Lehrmann raped his colleague Brittany Higgins in Parliament House in 2019.</p> <p>After a trial lasting around a month, Federal Court Justice Michael Lee – an experienced defamation judge – concluded that both Lehrmann and Higgins had credibility issues, but ultimately <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0369">he was persuaded</a> that Lehrmann raped Higgins, as she’d alleged and he’d denied.</p> <h2>Criminal trials by proxy</h2> <p>Ordinarily, charges like rape would be resolved through the criminal courts, but Lehrmann’s criminal trial was <a href="https://www.abc.net.au/news/2022-10-27/jury-discharged-in-trial-of-bruce-lehrmann-brittany-higgins/101583486">aborted</a> in October 2022 after juror misconduct. The charges against him were soon <a href="https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-sexual-assault-charge-dropped-dpp-confirms/news-story/3f82dd388d2cfa38680f7d4f4ceb1c5e">dropped</a>, nominally over concerns for Higgins’ mental health.</p> <p>Higgins, however, foresaw civil proceedings and <a href="https://www.theguardian.com/australia-news/2023/dec/05/brittany-higgins-volunteered-to-be-defamation-trial-witness-as-she-would-not-let-rapist-become-a-millionaire-ntwnfb">offered to testify</a> should they arise. That they did, as Lehrmann, free from the burden of any proven crime, sued several media outlets for defamation over their reporting into the allegations (<a href="https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/online-files/lehrmann">the ABC</a> and <a href="https://www.theguardian.com/australia-news/2023/dec/06/abc-agrees-to-pay-bruce-lehrmann-150000-to-settle-defamation-claim-court-documents-reveal">News Corp</a> both settled out of court).</p> <p><iframe class="flourish-embed-iframe" style="width: 100%; height: 550px;" title="Interactive or visual content" src="https://flo.uri.sh/visualisation/17195035/embed" width="100%" height="400" frameborder="0" scrolling="no" sandbox="allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation"></iframe></p> <div style="width: 100%!; margin-top: 4px!important; text-align: right!important;"><a class="flourish-credit" href="https://public.flourish.studio/visualisation/17195035/?utm_source=embed&amp;utm_campaign=visualisation/17195035" target="_top"><img src="https://public.flourish.studio/resources/made_with_flourish.svg" alt="Made with Flourish" /></a></div> <p>Like Ben Roberts-Smith’s <a href="https://theconversation.com/dismissed-legal-experts-explain-the-judgment-in-the-ben-roberts-smith-defamation-case-191503">recent defamation suit</a> against the former Fairfax papers, this became another case of civil proceedings testing grave allegations in the absence of a criminal law outcome.</p> <p>The form of proceedings made for some key differences with the aborted criminal trial. In criminal cases, prosecutors are ethically bound to act with moderation in pursuing a conviction, which requires proof beyond a reasonable doubt, while defendants have the right to silence. By contrast, this trial featured detailed accounts from both sides as each sought to convince, in essence, that their contentions were likely to be correct.</p> <p>Also like the Roberts-Smith case, live streaming of the trial generated very high levels of public engagement. Today’s stream reached audiences of more than 45,000 people. It gave us the chance to assess who and what we believe, and to scrutinise the parties’ claims and the media’s reporting. The Federal Court doesn’t have juries, but we, the public, acted as a de facto panel of peers.</p> <p>We saw accusations and denials, revealing <a href="https://www.abc.net.au/news/2023-12-23/bruce-lehrmann-defamation-trial-network-ten-lisa-wilkinson-ends/103260752">cross-examination</a> of the protagonists, witness testimony from colleagues, CCTV footage from nightclubs to Parliament House complete with lip-reading, expert testimony on alcohol consumption and consent, and lawyers constructing timelines which supported or poked holes in competing versions of events.</p> <p>The complexity of high-stakes legal proceedings was on display, with Justice Lee issuing many interim decisions on questions of procedure and evidence. Whenever transparency was at stake, it won.</p> <p>The preference for full disclosure led to the <a href="https://www.theguardian.com/law/2024/apr/02/bruce-lehrmann-defamation-trial-network-10-fresh-evidence-bid-lisa-wilkinson-brittany-higgins-delay-ntwnfb">case being re-opened</a> at the eleventh hour to call former Channel 7 producer Taylor Auerbach as a witness, providing a denouement that the judge called “sordid”, but which had little relevance to the final result.</p> <h2>An argument over the truth</h2> <p>Lehrmann had the burden of proving that the defendants published matter harmful to his reputation. That matter was Wilkinson’s interview with Higgins on Channel Ten’s The Project in which the allegations were made.</p> <p>A statement is only defamatory if it’s untrue, but in Australian law, the publisher bears the burden of proving truth, should they opt for that defence. And more serious allegations usually require more compelling proof, as the law views them as inherently more unlikely.</p> <p>This can be onerous for a defamation defendant, but it also involves risk for the plaintiff, should the defendant embark on an odyssey of truth-telling yet more damaging to the plaintiff’s image. That happened to <a href="https://www.bbc.com/news/world-australia-65717684">Ben Roberts-Smith</a> and it happened to Lehrmann here.</p> <p>On the other hand, if the media hasn’t done their homework, as in <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1223">Heston Russell’s case</a> against the ABC (also presided over by Justice Lee), the complainant can be vindicated.</p> <p>This case was a manifestation of Lehrmann’s professed desire to “<a href="https://www.theguardian.com/australia-news/2023/oct/26/how-bruce-lehrmanns-media-interviews-cost-him-his-anonymity-in-toowoomba-case">light some fires</a>”. Few players in this extended saga have emerged without scars, and here he burned his own fingers, badly.</p> <p>As Justice Lee put it, Lehrmann, “having escaped the lion’s den [of criminal prosecution], made the mistake of coming back to get his hat”.</p> <h2>How was the case decided?</h2> <p>Lehrmann denied having sex with Higgins, whereas Higgins alleged there had been non-consensual sex. The defamatory nature of the publication centred on the claim of rape, so that was what the media defendants sought to prove.</p> <p>This left open the curious possibility that consensual sex might have taken place: if so, Lehrmann would have brought his case on a false premise (there had been no sex), but the media would have failed to defend it (by not proving a lack of consent), resulting in a Lehrmann win.</p> <p>That awkward scenario did not arise. The court found sex did in fact take place, Higgins in her heavily-inebriated and barely-conscious state did not give consent, and Lehrmann was so intent on his gratification that he ignored the requirement of consent.</p> <p>Justice Lee found Lehrmann to be a persistent, self-interested liar, whereas Higgin’s credibility issues were of lesser degree, some symptomatic of a person piecing together a part-remembered trauma. The judge drew strongly on the evidence of certain neutral parties who could testify to incidents or words spoken in close proximity to the events.</p> <h2>Defamation laws favour the aggrieved</h2> <p>Australian defamation law has historically favoured plaintiffs and, despite recent <a href="https://www.ruleoflaw.org.au/civil/defamation/2021-law-reform/">rebalancing attempts</a>, it remains a favoured legal weapon for those with the resources to use it.</p> <p>This includes our political class, who sue their critics for defamation with unhealthy frequency for a democracy. In the United States, public figures don’t have it so easy: to win they must prove their critics were lying.</p> <p>In Australia, the media sometimes succeeds in proving truth, but contesting defamation proceedings comes at great financial cost and takes an emotional toll on the journalists involved.</p> <p>Nor can a true claim always be proven to a court’s satisfaction, given the rules of evidence and the fact that sources may be reluctant to testify or protected by a reporter’s guarantee of confidentiality.</p> <p>But this case demonstrates that publishers with an appetite for the legal fight can come out on top.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/225891/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/brendan-clift-715691"><em>Brendan Clift</em></a><em>, Lecturer of law, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/judge-finds-bruce-lehrmann-raped-brittany-higgins-and-dismisses-network-10-defamation-case-how-did-it-play-out-225891">original article</a>.</em></p>

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Astonishing drug and prostitute claims surface as Lehrmann case reopened

<p>The ongoing defamation case involving Bruce Lehrmann, a central figure in the Brittany Higgins saga, has been thrust back into the spotlight with shocking new allegations.</p> <p>The reopening of the case stems from claims made by former Seven Network producer Taylor Auerbach, which seek to shed light on a series of dealings surrounding Lehrmann's interactions with various media outlets.</p> <p>The allegations put forth by Auerbach paint an astonishing picture of Lehrmann's recruitment by Seven Network for an exclusive tell-all interview. It's alleged that Lehrmann, in a bid to secure his cooperation, was lavishly reimbursed for expenses that included not only extravagant meals and travel but also expenditures on illicit drugs and prostitutes.</p> <p>The details emerged through affidavits filed by Auerbach with the Federal Court, just days before a judgment was expected in Lehrmann's defamation case against Network Ten and journalist Lisa Wilkinson. The case originated from a February 2021 report on <em>The Project</em>, where Brittany Higgins accused Lehrmann of rape within a Parliament House office in 2019.</p> <p>According to Auerbach's affidavits, Lehrmann breached a so-called Harman undertaking by leaking private and confidential texts from Higgins to Seven Network, violating an agreement that restricted the use of evidence from an abandoned criminal case against him. These texts allegedly facilitated Lehrmann's negotiations with Seven Network and formed a crucial part of his interview on the <em>Spotlight</em> program.</p> <p>The allegations take a darker turn with claims of financial reimbursement for illicit activities. Auerbach asserts that Seven Network reimbursed Lehrmann for expenses related to drug purchases and visits to brothels, implicating the network in what can only be described as deeply troubling conduct.</p> <p>"I recall that monies paid by (Lehrmann) for illicit drugs and prostitutes that evening at the Meriton and the following evening at a brothel in Surry Hills were reimbursed to (Lehrmann) by Seven," Auerbach states in his affidavit, according to <a href="https://au.news.yahoo.com/lehrmann-defamation-case-reopened-evidence-163000287.html" target="_blank" rel="noopener">Yahoo News</a>.</p> <p>The reopening of Lehrmann's defamation case underscores the gravity of these allegations and their potential implications. Justice Michael Lee's decision to admit fresh evidence indicates the seriousness with which the court regards these claims and the need for a thorough examination of the facts.</p> <p>In response to these allegations, both Lehrmann and Seven Network have vehemently denied any wrongdoing. Lehrmann maintains his innocence, asserting that he did not leak texts to Seven Network and denying any involvement in the misconduct alleged by Auerbach. Seven Network, for its part, denies authorising or condoning the alleged payments to Lehrmann and says that any unauthorised expenses were promptly rectified.</p> <p><em>Image: Getty</em></p>

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Major development in Madeleine McCann case

<p>In the ongoing investigation into the disappearance of Madeleine McCann, German police have descended upon a property in Braunschweig, Germany, in search of a key associate of Christian Brueckner, the prime suspect in the case.</p> <p>The urgency of the search stems from the belief that this individual may possess crucial information regarding the fate of the missing girl.</p> <p>The focus of this operation was a residence linked to a 56-year-old man identified only as Ralph H. According to reports from <a href="https://www.thesun.co.uk/news/26665050/hunt-madeleine-mccann-christian-b-pal/" target="_blank" rel="noopener"><em>The Sun</em></a>, Ralph H. is a long-time friend of Brueckner, suspected of being involved in criminal activities alongside him, including home robberies.</p> <p>The property, located just outside Braunschweig, was surrounded by armed officers – however, the operation hit a roadblock as police were unable to enter the premises due to the absence of a search warrant. </p> <p>The urgency surrounding Ralph H. is palpable, with authorities stressing the need to speak with him promptly. “We must find him to ask him about missing Madeleine McCann,” said a<span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;"> detective from Germany’s federal investigative agency, the Bundeskriminalamt (BKA). </span>“He’s not at home, he doesn’t answer the phone, he’s apparently disappeared.”</p> <p>Neighbours of Ralph H. corroborated reports of his absence: “They surrounded his home and shouted out his name but with no luck,” one said. “The officers later asked me if I had any idea where Ralph could be. It was about midday and I thought he was out working. But it turns out he hasn’t been seen for nearly a week now.” </p> <p>Meanwhile, Christian Brueckner, the main suspect in Madeleine McCann's disappearance, is embroiled in a separate legal battle. Currently facing trial for unrelated sexual offences, Brueckner's defence has maintained his silence, refusing to respond to the charges against him. Despite his denial of involvement in Madeleine's case, suspicions loom large, given his proximity to the scene of her disappearance and his criminal history.</p> <p>As the investigation unfolds, the spotlight remains on individuals like Ralph H. and Brueckner, whose connections and actions may hold the key to unraveling the mystery that has gripped the world for nearly two decades.</p> <p><em>Images: Getty</em></p>

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Experts shed new light on Samantha Murphy case

<p>A panel of experts have shed new light on the case of missing mum Samantha Murphy. </p> <p>The mother-of-three went missing on February 4 after going for her usual morning run in a local park in Ballarat. </p> <p>Despite major search efforts from the missing persons squad, specialists and the local Ballarat community, she has still not been found, and now a panel of experts have gathered to discuss the possibilities of what could've happened to Murphy. </p> <p>Former Victorian detective Damian Marrett, criminal psychologist Dr Peter Ashkar, missing persons specialist Valentine Smith and cyber expert Nigel Phair discussed a number of different scenarios in Channel Nine's show <em>Under Investigation </em>on Wednesday night. </p> <p>“The idea that Samantha has actually wilfully left the family is just unfathomable and just implausible to me,” Dr Ashkar said. </p> <p>Presenter Liz Hayes, who spoke to mine shaft explorer Raymond Shaw said that there's a possibility Murphy's body has been buried in one of the abandoned mine shafts around Ballarat. </p> <p>“I think there could be anywhere between 4000 and 5000 gold mines just underneath the town," Shaw told Hayes. </p> <p>The panel agreed that the most likely scenario was that Murphy’s body had been dumped in a mineshaft after meeting with foul play, as they believe that there was "no way" Murphy fell down a mineshaft by accident, as the locals all know how to navigate the terrain. </p> <p>“They could be a great place to conceal a body or a crime after the fact … and you’d probably never find it,” Marrett said. </p> <p>Dr Ashkar added that the absence of any trace of Murphy could point to her having been attacked by a “psychopathic predator … who would know that area, like the back of their hand”.</p> <p>The panel also considered a potential new clue, the possible sighting of a damaged vehicle, which was alluded to in a <a href="https://www.oversixty.com.au/health/caring/major-development-in-search-for-samantha-murphy" target="_blank" rel="noopener">police statement </a>requesting for new information about the case. </p> <p>The experts said that if there was a damaged car in the area, it could mean that Murphy was kidnapped at the 7km point of her run and could still be alive. </p> <p>“I would still like to believe the very real possibility that it’s a kidnapping and she’s still alive,” Dr Ashkar said. </p> <p>“That’s my hope. But I absolutely feel that whoever has taken her and abducted, they are very systematic and organised and knew very well what they were doing.”</p> <p>Marrett added that the police’s interest in the damaged car was significant.</p> <p>“They didn’t just say a car, they said a damaged car, it’s so specific,” he said.</p> <p>“So was that damage caused with this incident or was that damage because someone saw a damaged car leave?”</p> <p><em>Image: Nine / Facebook</em></p>

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The secret witness who could be the key to the Madeleine McCann case

<p>A secret witness to a disturbing comment made by the main suspect in the Madeleine McCann case could be the key to seeing him charged. </p> <p>Madeleine McCann was three years old when she went missing on a family trip to Portugal in 2007, and has not been seen since. </p> <p>Christian Brueckner, a convicted rapist and paedophile, has long been named the prime suspect in Maddie's abduction, and is set to stand trial on Friday for a series of charges, none of while relate to the McCann case. </p> <p>Now, almost seventeen years since her disappearance, a secret witness has come forward about a disturbing comment Brueckner a year after Maddie's abduction. </p> <p>Helge Busching, a former friend of Brueckner, has revealed a chilling conversation he had with his former friend after they ran into each other at a music festival. </p> <p>Busching, who is currently in police protection, claims Brueckner told him Madeleine was taken without anyone noticing because she didn't make a sound. </p> <p>"He said she didn't scream. 'She didn't scream', that is what Brueckner said and then I looked at Mr Brueckner and thought 'what are you telling me now?'" said Busching on <a href="https://9now.nine.com.au/60-minutes/the-secret-witness-who-could-break-open-the-madeleine-mccann-case/3a383ca7-758a-4b46-a288-8f911ee942e5" target="_blank" rel="noopener"><em>60 Minutes</em></a>. </p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/reel/C3NDFgEPudr/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/reel/C3NDFgEPudr/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by 60 Minutes Australia (@60minutes9)</a></p> </div> </blockquote> <p>In the wake of Busching's comments, the police prosecutor in Brueckner's case remains adamant he is behind the high-profile disappearance of Maddie. </p> <p>"We have evidence and we come to the conclusion that Madeleine McCann is dead and Christian B murdered her," says Hans Christian Wolters.  </p> <p>With the 46-year-old currently in jail and facing convictions for several counts of rape and sexual assault, Wolters has the luxury of time to pursue all leads, no matter how small, to build a watertight case against the suspect. </p> <p>He said, "We have only one chance and we want to go to court with the best result we could get. So we decided to investigate as much as we can and if it takes much more time than normal investigations, it's the price for the best result."</p> <p><em>Image credits: Getty Images / 60 Minutes</em></p>

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