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Update on Samantha Murphy trial as accused enters plea

<p>The man accused of murdering Ballarat mother Samantha Murphy has plead not guilty, electing to fast-track his case to the Supreme Court.  </p> <p>Patrick Orren Stephenson, 22, faced the Ballarat Magistrates Court on Thursday via video link, while Ms Murphy’s husband, Mick Murphy, watched the hearing from the body of the courtroom.</p> <p>Mr Stephenson, the son of former AFL player Orren Stephenson, was charged with Samantha's murder in March, just weeks after the 51-year-old went missing after leaving home for an morning run on February 4th. </p> <p>Crown prosecutor Raymond Gibson KC told the court that Mr Stephenson had elected to fast-track his case to the Supreme Court for trial.</p> <p>This skips a committal hearing in the Magistrates Court jurisdiction in which a magistrate hears the evidence and decides if they’re satisfied it could support a conviction, and will allow Mr Stephenson to face trial at an earlier date.</p> <p>“Not guilty, Your Honour,” the accused man said when asked how he would like to plea.</p> <p>Mr Stephenson was committed to stand trial by magistrate Mark Stratmann and will appear in the Supreme Court later in November.</p> <p>“Because the matter is now in the purview of the Supreme Court of Victoria, that court will be dealing with all matters in relation to this proceeding,” Mr Stratmann said.</p> <p>Following Mr Stephenson’s arrest in March, Victoria Police Chief Commissioner Shane Patton remained tight-lipped about how the accused man was identified, but said the arrest came after a “painstaking and methodical investigation”.</p> <p>“I’m not going to identify what has specifically led us to this man other than to say it has come about from painstaking detective work with great assistance from the public,” he said at the time.</p> <p>Samantha Murphy's disappearance and alleged murder shocked the community and quickly became one of the most high-profile missing persons investigations in the state, and despite the efforts of police and volunteers, her body has never been found. </p> <p><em>Image credits: Nine / Facebook</em></p>

Legal

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Woman cured of Type 1 diabetes in life-changing clinical trial

<p>Marlaina Goedel was diagnosed with Type 1 diabetes when she was just five-years-old, and not only was the disease controlling her, but it almost cost her life. </p> <p>"I've crashed my car into a brick building before having a diabetic attack while driving," Goedel recalled. </p> <p>Her condition was so extreme that she felt robbed of a normal childhood, telling the <em>Daily Mail </em>that she was in and out of hospital with  life-threatening diabetic ketoacidosis, which causes toxic chemicals to build up in the blood due to a lack of insulin.</p> <p>Now 30-years-old, the Illinois woman no longer needs daily insulin shots and can finally enjoy sugar again thanks to a pioneering stem cell therapy that has cured her of type 1 diabetes. </p> <p>Goedel was one of three Americans who have been cured of their type 1 diabetes thanks to the clinical trial involving an islet cell transplant. </p> <p>It is a one-off infusion that involved transplanting islet cells into her liver to help her body produce insulin on its own. </p> <p>After four weeks, she no longer needed to take insulin. </p> <p>"[My doctor] said, ‘Mark it on your calendar. Today is the day. Stop all insulin,'" Goedel said of the life-changing moment. </p> <p>"I just went quiet and finally said, ‘I’m here. I’m in shock. I’m going to need you to repeat that.’"</p> <p>The trial was being run at the University of Chicago Medicine Transplant Institute. </p> <p>While Islet cell transplants isn't a new procedure, the current anti-rejection medication used can be toxic to the transplanted cells, potentially making it less effective over time. </p> <p>The clinical trial that ran at the university tested out a new antibody called tegoprubart, which was given to Goedel and the two other patients. </p> <p>Tegoprubart is made from lab-made antibodies that trick the immune system into thinking the body made the cells on its own, preventing them from being rejected. </p> <p>The patients were then given islet cells from a deceased donor's pancreas, which were then infused into the patient's small blood vessels in their liver. Those cells then lodged into the blood vessels and started producing insulin. </p> <p>For Goedel the only side effect of the procedure was "feeling like I got punched in the ribs,"  with the procedure lasting just an hour. </p> <p>"The cure is out there," Goedel told the <em>Daily Mail. </em></p> <p>With her new lease on life, Goedel plans to go back to school and go horse riding without worrying about suffering an attack and causing an accident. </p> <p>"It took a while to get used to saying, 'I am cured. I am diabetes free.' It's been very freeing," she said.</p> <p>"No one should have to live with this disease. I know that now more than ever."</p> <p><em>Images: Good Morning America/ UChicago Medicine</em></p> <p> </p>

Caring

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Is it possible to have a fair jury trial anymore?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p>The decades-long mystery about what happened to 19-year-old Amber Haigh made it to court in New South Wales earlier this year. Those accused of murdering Haigh were found <a href="https://www.theguardian.com/australia-news/2024/sep/16/amber-haigh-murder-trial-verdict-not-guilty-robert-anne-geeves-ntwnfb">not guilty</a>.</p> <p>Usually we don’t know precisely why someone was found guilty or not. But in this case, the reasons were given.</p> <p>This is because the trial was “<a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/judge_alone_trials.html">judge alone</a>”: a trial without a jury. This means the judge decides on the factual questions as well as the legal ones. And as judges are required to give reasons for their decisions, we learned what was behind the verdict, something usually hidden by the “<a href="http://www.austlii.edu.au/au/journals/SydLRev/2013/32.pdf">black box</a>” of the jury room.</p> <p>Judge alone trials are <a href="https://bocsar.nsw.gov.au/research-evaluations/2024/CJB264-Summary-Effect-of-judge-alone-trials1.html">increasing</a> in New South Wales. Moves are being made in some <a href="https://www5.austlii.edu.au/au/journals/PrecedentAULA/2020/69.html">other Australian jurisdictions</a> to increase access to judge alone trials.</p> <p>While it’s only possible to hold a judge alone trial in certain circumstances, and there are small numbers of such trials relative to other trials, some lawyers and judges think these trials have <a href="https://bocsar.nsw.gov.au/documents/publications/cjb/cjb251-300/CJB264-Report-Effect-of-judge-alone-trials.pdf">advantages</a> over those with a jury.</p> <p>This is because jury trials face a lot of challenges. Some have pondered whether, in this media-saturated environment, there is such a thing as a fair jury trial. So what are these challenges, and where do they leave the time-honoured process?</p> <h2>What happens in a jury trial?</h2> <p>The criminal trial brings together knowledge of the facts that underpin the criminal charge. The task of the jury is to independently assess that knowledge as presented in the trial, and reach a conclusion about guilt to the criminal standard of proof: <a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/onus_and_standard_of_proof.html">beyond reasonable doubt</a>.</p> <p>Crucially, lay people provide legitimacy to this process, as individuals drawn from all walks of life are engaged in the <a href="https://theconversation.com/jury-is-out-why-shifting-to-judge-alone-trials-is-a-flawed-approach-to-criminal-justice-137397">decision-making</a> around the guilt of the accused.</p> <p>The jury is therefore a fundamental part of our <a href="https://theconversation.com/all-about-juries-why-do-we-actually-need-them-and-can-they-get-it-wrong-112703">democracy</a>.</p> <h2>The changing trial</h2> <p>For its legitimacy, the criminal trial traditionally relies on open justice, independent prosecutors and the lay jury (the “black box”), all overseen by the impartial umpire, the judge, and backed up by the appeal system.</p> <p>But these aspects of the criminal trial are being challenged by changes occurring inside and outside the courtroom.</p> <p>These challenges include high levels of <a href="https://theconversation.com/when-punitive-media-intrude-on-the-courts-role-can-justice-be-served-63824">media attention</a> given to criminal justice matters.</p> <p>Another is the questioning about the way <a href="https://theconversation.com/lehrmann-inquiry-whats-a-director-of-public-prosecutions-or-dpp-a-legal-expert-explains-206194">public prosecutors are using their discretion</a> in bringing charges against individuals. This is happening in NSW, ACT and Victoria.</p> <p>There are also concerns about “<a href="https://theconversation.com/junk-science-is-being-used-in-australian-courtrooms-and-wrongful-convictions-are-at-stake-231480">junk science</a>” being relied on Australian courtrooms. This is where unreliable or inaccurate expert evidence is introduced in trials.</p> <p>Some legal bodies are also demanding a <a href="https://lawcouncil.au/publicassets/0e6c7bd7-e1d6-e611-80d2-005056be66b1/120421-Policy-Statement-Commonwealth-Criminal-Cases-Review-Comission.pdf">post-appeal criminal cases review commission</a> to prevent wrongful convictions.</p> <h2>Added complexity</h2> <p>It is not just juries that must come to grips with complex evidence in criminal matters. Judges and lawyers are also required to grasp intricate scientific evidence, understand new areas of expertise, and get across changing practices of validating expert knowledge.</p> <p>The difficulty of these tasks for judges and lawyers was on show in the two special inquiries into Kathleen Folbigg’s convictions for the murder of her children, held in 2019 and 2022–23. Rapid developments in genetic science, alongside other developments, came to <a href="https://theconversation.com/folbigg-pardon-science-is-changing-rapidly-and-the-law-needs-to-change-with-it-207604">cast doubt</a> on the accuracy of Folbigg’s convictions. This was just a few years after the first inquiry concluded there was no reasonable doubt about her guilt.</p> <p>The challenges facing criminal trials are one dimension of much wider social and political dynamics. News and information is produced and consumed differently now. People have <a href="https://theconversation.com/why-so-many-people-have-had-enough-of-experts-and-how-to-win-back-trust-206134">differing degrees</a> of respect for scientific knowledge and expertise. Trust in authority and institutions <a href="https://theconversation.com/5-charts-show-how-trust-in-australias-leaders-and-institutions-has-collapsed-183441">is low</a>.</p> <p>These factors come together in a perfect storm and pose existential questions about what criminal justice should look like now.</p> <h2>What does the future look like?</h2> <p>The future of criminal law and its institutions depends on their <a href="https://ses.library.usyd.edu.au/handle/2123/32995">legitimacy</a>. It’s legitimacy that gives courts the social license and power to proscribe conduct, prosecute crimes and authorise punishment. Juries are a vital piece of this picture.</p> <p>Amid the changing environment, there are things we can do to improve jury trials and in turn, safeguard and enhance their legitimacy.</p> <p>One is providing extremely careful instructions to juries to make sure jurors <a href="https://theconversation.com/we-need-better-jury-directions-to-ensure-justice-is-done-104417">understand their tasks</a>, and do not feel <a href="https://lawfoundation.net.au/wp-content/uploads/2023/12/UNSW_Jury_Study_Hunter_2013.pdf">frustrated</a>.</p> <p>Another is introducing <a href="https://www.researchgate.net/publication/343032083_Regulating_Forensic_Science_and_Medicine_Evidence_at_Trial_It's_Time_for_a_Wall_a_Gate_and_Some_Gatekeeping">higher and better standards</a> for expert evidence. Experts testifying in court need firm guidance, especially on their use of <a href="https://theconversation.com/the-words-that-helped-wrongly-convict-kathleen-folbigg-200635">industry jargon</a>, to decrease chances of wrongful convictions.</p> <p>These sorts of changes might be coupled with changes in criminal laws, like enhancing laws of self-defence so they are <a href="https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/64a58aac48b25f2af05ac74f/1688570542199/CWJ+Arlie+Loughnan+and+Clare+Davidson+Australia.pdf">more accessible to women</a> in domestic violence situations.</p> <p>Together, this would help to future-proof criminal law, ready to meet the challenges of coming years and decades that we are yet to detect.<!-- 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/239401/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/arlie-loughnan-12732">Arlie Loughnan</a>, Professor of Criminal Law, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p><em>Image credits: Shutterstock </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/is-it-possible-to-have-a-fair-jury-trial-anymore-239401">original article</a>.</em></p> </div>

Legal

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Why is it so hard to cancel subscriptions or end ‘free’ trials? Report shows how companies trap you into paying

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/katharine-kemp-402096">Katharine Kemp</a>, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a></em></p> <p>Many businesses are trapping Australian consumers in paid subscriptions by making them hard to cancel, hiding important details and offering “free” trials that auto-renew with hefty charges. We need law reform to tackle this continuing problem.</p> <p><a href="https://cprc.org.au/report/let-me-out">A new report</a> shows 75% of Australian consumers have had negative experiences when trying to cancel a subscription, according to the Consumer Policy Research Centre (CPRC).</p> <p>It shows businesses use “<a href="https://www.wired.com/story/how-to-spot-avoid-dark-patterns/">dark patterns</a>”, which are designs that hinder consumers who try to act in their own best interests. Subscription traps are often called “<a href="https://www.ftc.gov/business-guidance/blog/2022/11/checking-out-ftcs-100-million-settlement-vonage">Hotel California</a>” techniques, referring to The Eagles’ famous lyric: “you can check out any time you want, but you can never leave”.</p> <p>In some of these cases, consumers may have remedies under our existing consumer law, including for misleading conduct. But we need law reform to capture other <a href="https://treasury.gov.au/consultation/c2023-430458">unfair practices</a>.</p> <p>In the meantime, the CPRC’s research also gives examples of businesses with <em>fair</em>, consumer-friendly subscription practices. These also benefit the business.</p> <h2>Examples of unfair subscription traps</h2> <p><a href="https://www.forbes.com/councils/forbesbusinessdevelopmentcouncil/2022/09/12/the-evolution-of-the-subscription-model-and-whats-on-the-horizon/">Subscription business models</a> have become common – many products are now provided in the form of software, an app or access to a website. Some of these would once have been a physical book, newspaper, CD or exercise class.</p> <p>Most people who use online services have experienced the frustration of finding a credit card charge for an unwanted, unused subscription or spending excessive time trying to cancel a subscription.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=3 2262w" alt="Infographic with a few statistics from the report." /></a><figcaption><span class="attribution"><a class="source" href="https://cprc.org.au/wp-content/uploads/2024/08/CPRC_LetMeOut_SubsTraps_Report_FINAL.pdf">CPRC, Let me out – Subscription trap practices in Australia, August 2024</a></span></figcaption></figure> <p>Businesses can make it difficult for consumers to stop paying for unwanted subscriptions. Some do this by allowing consumers to start a subscription with a single click, but creating multiple obstacles if you want to end the subscription.</p> <p>This can include obscuring cancellation options in the app, requiring consumers to phone during business hours or making them navigate through multiple steps and offers before terminating. The report points out many of the last-ditch discounts offered in this process are only short term. One survey respondent said:</p> <blockquote> <p>I wasn’t able to cancel without having to call up and speak to someone. Their business hours meant I had to call up during my work day and it took some time to action.</p> </blockquote> <p>Other businesses badger consumers with frequent emails or messages after they cancel. One respondent said a business made “the cancellation process impossible by making you call and then judging your reason for cancellation”.</p> <h2>What does consumer law say?</h2> <p>Some subscription traps already fall foul of the Australian Consumer Law and warrant investigation by the <a href="https://www.accc.gov.au/media-release/accc-warns-consumers-to-beware-of-subscription-traps">Australian Competition &amp; Consumer Commission</a> (ACCC). Consumers may have remedies where the business has engaged in misleading conduct or imposes an unfair contract term.</p> <p>For example, the ACCC is <a href="https://www.accc.gov.au/media-release/accc-court-action-against-eharmony-for-alleged-misleading-online-dating-membership-statements#:%7E:text=The%20ACCC%20has%20today%20commenced%20proceedings%20in%20the,the%20pricing%2C%20renewal%20and%20duration%20of%20its%20memberships.">suing dating site eHarmony</a> for its allegedly misleading subscription practices.</p> <p>In the United States, the Federal Trade Commission <a href="https://www.ftc.gov/news-events/news/press-releases/2024/06/ftc-takes-action-against-adobe-executives-hiding-fees-preventing-consumers-easily-cancelling">has filed a complaint against software company Adobe</a> for allegedly using dark patterns in its subscription practices.</p> <p>The Federal Trade Commission has alleged that “Adobe pushed consumers toward the ‘annual paid monthly’ subscription without adequately disclosing that cancelling the plan in the first year could cost hundreds of dollars”.</p> <p>Adobe <a href="https://news.adobe.com/news/news-details/2024/Adobes-Recent-Statement-Regarding-Updated-Federal-Trade-Commission-Complaint-/default.aspx">issued a statement</a> arguing the commission’s complaint “mischaracterises” its business. The litigation is ongoing.</p> <h2>We need an unfair practices prohibition</h2> <p>Some subscription traps would fall outside the existing consumer law. This is because they don’t meet the test for misleading conduct or unfair contract terms, but make it practically very difficult to cancel.</p> <p>The <a href="https://www.accc.gov.au/media-release/accc-welcomes-consultation-on-possible-unfair-trading-practices-regulatory-reforms">ACCC has advocated</a> for Australia to follow other countries such as the United Kingdom and the United States to enact an unfair practices prohibition to capture conduct like this.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=3 2262w" alt="" /></a><figcaption><span class="caption">The shift businesses can make today.</span> <span class="attribution"><a class="source" href="https://cprc.org.au/wp-content/uploads/2024/08/CPRC_LetMeOut_SubsTraps_Report_FINAL.pdf">CPRC, Let me out – Subscription trap practices in Australia, August 2024</a></span></figcaption></figure> <h2>Better practices benefit businesses too</h2> <p>The CPRC report also revealed that 90% of Australians would likely purchase from the same organisation if cancelling a subscription process was quick and simple.</p> <p>Businesses focused on a short-sighted cash grab fail to realise that consumers might cancel but later return if treated well.</p> <p>The CPRC highlights businesses that are doing a good job. For instance, the habit change app Atoms (based on James Clear’s book Atomic Habits) has a genuinely free trial. It doesn’t require credit card details, doesn’t auto-renew, and lets consumers know how many trial days remain.</p> <p>The CPRC says the charity World Vision doesn’t auto-renew annual sponsorships, but reminds supporters about when the sponsorship will lapse.</p> <p>Importantly, some businesses – such as Netflix – use their data for good in this context. They notice when users are paying for the service without using it and help them unsubscribe.</p> <p>These practices should be applauded. But we need an unfair practices prohibition for businesses who don’t follow suit and recognise the long-term benefits of treating customers fairly.<!-- 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/237236/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/katharine-kemp-402096">Katharine Kemp</a>, Associate Professor, Faculty of Law &amp; Justice; Lead, UNSW Public Interest Law &amp; Tech Initiative, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a></em></p> <p><em>Image credits: Shutterstock </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/why-is-it-so-hard-to-cancel-subscriptions-or-end-free-trials-report-shows-how-companies-trap-you-into-paying-237236">original article</a>.</em></p> </div>

Money & Banking

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Woolies trial bold new "scan as you go" trolleys

<p>Woolworths shoppers will be able to scan their groceries when they go into their trolleys in an Australian-first trial of the tech carts. </p> <p>The Scan and Go carts are being trialled at a Woolworths in Windsor in western Sydney, with customers now able to scan items as they add them to their cart, eliminating time at busy checkouts. </p> <p>The technology, which has long been used in supermarkets overseas, utilises the already existing EverydayRewards cards, which allows access to a touchscreen that clips onto the trolley.</p> <p>As you peruse the aisles, shoppers then scan their items on the touchscreen as they go into the trolley, with the screen adding up the total of your groceries. </p> <p>Customers still have to pay at the checkout, but the supermarket says as the smart carts roll out, customers could eventually swipe their cards and pay directly at their trolley, cutting out the need for any time in line for tills. </p> <p>"The technology is co-created with one of our international partners [and is] home-grown in Australia, [we've] really been able to make sure it meets the Australian consumers needs," Woolies Managing Director Faye Ihan said.</p> <p>The high-tech system is meant to save shoppers time and money while doing their weekly grocery shop.</p> <p>"I actually have only been in here for half an hour I'd normally be here for over an hour," one customer who tried the smart cart told <em><a href="https://www.9news.com.au/national/woolies-trials-new-scan-as-you-go-trolleys/4e7e5c2d-04e9-4997-8a0e-0bb4bba8948d" target="_blank" rel="noopener">9News</a></em>.</p> <p>The company says the rollout won't impact employment, as Woolworths employees will conduct random checks of people shopping to make sure people don't exploit the system to steal.</p> <p>If the trial is successful, Woolworths says it will one day expand the smart carts to all Australian stories.</p> <p><em>Image credits: 9News</em></p>

Food & Wine

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How can I stop overthinking everything? A clinical psychologist offers solutions

<p><em><a href="https://theconversation.com/profiles/kirsty-ross-1513078">Kirsty Ross</a>, <a href="https://theconversation.com/institutions/massey-university-806">Massey University</a></em></p> <p>As a clinical psychologist, I often have clients say they are having trouble with thoughts “on a loop” in their head, which they find difficult to manage.</p> <p>While rumination and overthinking are often considered the same thing, they are slightly different (though linked). <a href="https://www.apa.org/monitor/nov05/cycle">Rumination</a> is having thoughts on repeat in our minds. This can lead to overthinking – analysing those thoughts without finding solutions or solving the problem.</p> <p>It’s like a vinyl record playing the same part of the song over and over. With a record, this is usually because of a scratch. Why we overthink is a little more complicated.</p> <h2>We’re on the lookout for threats</h2> <p>Our brains are hardwired to look for threats, to make a plan to address those threats and keep us safe. Those perceived threats may be based on past experiences, or may be the “what ifs” we imagine could happen in the future.</p> <p>Our “what ifs” are usually negative outcomes. These are what we call “<a href="https://ccbhc.org/hot-thoughts-what-are-they-and-how-can-you-handle-them/">hot thoughts</a>” – they bring up a lot of emotion (particularly sadness, worry or anger), which means we can easily get stuck on those thoughts and keep going over them.</p> <p>However, because they are about things that have either already happened or might happen in the future (but are not happening now), we cannot fix the problem, so we keep going over the same thoughts.</p> <h2>Who overthinks?</h2> <p>Most people find themselves in situations at one time or another when they overthink.</p> <p>Some people are <a href="https://www.apa.org/monitor/nov05/cycle">more likely</a> to ruminate. People who have had prior challenges or experienced trauma may have come to expect threats and look for them more than people who have not had adversities.</p> <p>Deep thinkers, people who are prone to anxiety or low mood, and those who are sensitive or feel emotions deeply are also more likely to ruminate and overthink.</p> <p>Also, when we are stressed, our emotions tend to be stronger and last longer, and our thoughts can be less accurate, which means we can get stuck on thoughts more than we would usually.</p> <p>Being run down or physically unwell can also mean our thoughts are <a href="https://healthify.nz/hauora-wellbeing/m/mental-health-and-your-body/">harder to tackle</a> and manage.</p> <h2>Acknowledge your feelings</h2> <p>When thoughts go on repeat, it is helpful to use both emotion-focused and problem-focused <a href="https://link.springer.com/referencework/10.1007/978-1-4419-1005-9">strategies</a>.</p> <p>Being emotion-focused means figuring out how we feel about something and addressing those feelings. For example, we might feel regret, anger or sadness about something that has happened, or worry about something that might happen.</p> <p>Acknowledging those emotions, using self-care techniques and accessing social support to talk about and manage your feelings will be helpful.</p> <p>The second part is being problem-focused. Looking at what you would do differently (if the thoughts are about something from your past) and making a plan for dealing with future possibilities your thoughts are raising.</p> <p>But it is difficult to plan for all eventualities, so this strategy has limited usefulness.</p> <p>What is more helpful is to make a plan for one or two of the more likely possibilities and accept there may be things that happen you haven’t thought of.</p> <h2>Think about why these thoughts are showing up</h2> <p>Our feelings and experiences are information; it is important to ask what this information is telling you and why these thoughts are showing up now.</p> <p>For example, university has just started again. Parents of high school leavers might be lying awake at night (which is when rumination and overthinking is common) worrying about their young person.</p> <p>Knowing how you would respond to some more likely possibilities (such as they will need money, they might be lonely or homesick) might be helpful.</p> <p>But overthinking is also a sign of a new stage in both your lives, and needing to accept less control over your child’s choices and lives, while wanting the best for them. Recognising this means you can also talk about those feelings with others.</p> <h2>Let the thoughts go</h2> <p>A useful way to manage rumination or overthinking is “<a href="https://www.getselfhelp.co.uk/docs/Options.pdf">change, accept, and let go</a>”.</p> <p>Challenge and change aspects of your thoughts where you can. For example, the chance that your young person will run out of money and have no food and starve (overthinking tends to lead to your brain coming up with catastrophic outcomes!) is not likely.</p> <p>You could plan to check in with your child regularly about how they are coping financially and encourage them to access budgeting support from university services.</p> <p>Your thoughts are just ideas. They are not necessarily true or accurate, but when we overthink and have them on repeat, they can start to feel true because they become familiar. Coming up with a more realistic thought can help stop the loop of the unhelpful thought.</p> <p>Accepting your emotions and finding ways to manage those (good self-care, social support, communication with those close to you) will also be helpful. As will accepting that life inevitably involves a lack of complete control over outcomes and possibilities life may throw at us. What we do have control over is our reactions and behaviours.</p> <p>Remember, you have a 100% success rate of getting through challenges up until this point. You might have wanted to do things differently (and can plan to do that) but nevertheless, you coped and got through.</p> <p>So, the last part is letting go of the need to know exactly how things will turn out, and believing in your ability (and sometimes others’) to cope.</p> <h2>What else can you do?</h2> <p>A stressed out and tired brain will be <a href="https://mentalhealth.org.nz/resources/resource/stress-and-how-to-manage-it">more likely</a> to overthink, leading to more stress and creating a cycle that can affect your wellbeing.</p> <p>So it’s important to manage your stress levels by eating and sleeping well, moving your body, doing things you enjoy, seeing people you care about, and doing things that fuel your soul and spirit.</p> <p>Distraction – with pleasurable activities and people who bring you joy – can also get your thoughts off repeat.</p> <p>If you do find overthinking is affecting your life, and your levels of anxiety are rising or your mood is dropping (your sleep, appetite and enjoyment of life and people is being negatively affected), it might be time to talk to someone and get some strategies to manage.</p> <p>When things become too difficult to manage yourself (or with the help of those close to you), a therapist can provide tools that have been proven to be helpful. Some helpful tools to manage worry and your thoughts can also be found <a href="https://www.cci.health.wa.gov.au/Resources/Looking-After-Yourself/Anxiety">here</a>.</p> <p>When you find yourself overthinking, think about why you are having “hot thoughts”, acknowledge your feelings and do some future-focused problem solving. But also accept life can be unpredictable and focus on having faith in your ability to cope. <!-- 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/223973/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/kirsty-ross-1513078"><em>Kirsty Ross</em></a><em>, Associate Professor and Senior Clinical Psychologist, <a href="https://theconversation.com/institutions/massey-university-806">Massey 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/how-can-i-stop-overthinking-everything-a-clinical-psychologist-offers-solutions-223973">original article</a>.</em></p>

Mind

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Matildas captain Sam Kerr to face criminal trial

<p>Matildas superstar Sam Kerr has found herself at the centre of legal proceedings in London, as she pled not guilty to charges stemming from an alleged incident involving a police officer earlier this year.</p> <p>Kerr, aged 30, appeared before Kingston Crown Court via videolink to contest accusations of using insulting, threatening or abusive language towards a police officer in Twickenham on January 30.</p> <p>During the hearing, Kerr confirmed her identity and entered a "not guilty" plea to the charge, which was later confirmed by the Metropolitan Police. The specifics of the charge were outlined in a police charge sheet, citing Kerr for a racially aggravated offence under Section 4A of the Public Order Act 1986. The incident allegedly occurred during police intervention related to a complaint involving a taxi fare.</p> <p>The trial, slated to commence in February 2025, is expected to span four days, during which two police officers will provide evidence. Meanwhile, Football Australia (FA) has issued a statement acknowledging the legal proceedings involving Kerr, asserting their commitment to support all players both on and off the field. However, due to the ongoing legal nature of the situation, further comments were withheld.</p> <p>“Football Australia is aware of the legal proceedings involving Sam Kerr in the United Kingdom,” the statement read. “As this is an ongoing legal matter, we are unable to provide further comment at this time. Our focus remains on supporting all our players, both on and off the field. We will continue to monitor the situation and provide support as appropriate.”</p> <p>The announcement comes after Kerr's unfortunate sidelining from both club and international duties. Suffering an anterior cruciate ligament (ACL) injury during Chelsea's warm-weather training camp in Morocco, Kerr faces a prolonged period of rehabilitation, ruling her out of action for the foreseeable future. Her absence from the Matildas' lineup is particularly sorely felt, with preparations for the Paris Olympics underway.</p> <p>Despite the setback, Football Australia has not officially ruled Kerr out of contention for the Olympics. However, the typical recovery timeline for ACL injuries suggests a lengthy rehabilitation process, casting doubts on Kerr's participation in the upcoming tournament scheduled to begin on July 26.</p> <p><em>Images: Getty Images</em></p>

Legal

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Bruce Lehrmann condemns damning inquiry and labels trial conduct as a "dark chapter"

<p>Bruce Lehrmann has expressed his strong disapproval of a damning inquiry into his rape trial, referring to it as "a dark chapter" in the justice system.</p> <p>In response to the inquiry's findings, Bruce Lehrmann has criticised the Director of Public Prosecutions, Shane Drumgold, for his conduct during the trial, stating that it was a troubling episode for the justice system.</p> <p>The former Liberal staffer, who intends to pursue a multimillion-dollar compensation claim over the trial's handling, commended his legal team, led by Steve Whybrow SC and Kamy Saeedi lawyers.</p> <p>Mr. Lehrmann stated to <a href="https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-slams-damning-inquiry-describes-trial-conduct-as-dark-chapter/news-story/b5b6ec06d5b435f8870a1e7d5b9ae4b8" target="_blank" rel="noopener">news.com.au</a>, "Much of what we are reading, my brilliant criminal defense team led by Steve Whybrow SC suspected all along. I owe everything to the lawyers who have surrounded me. This is overwhelming and alarming reading."</p> <p>He also acknowledged Mr. Sofronoff and his team for revealing the truth and shedding light on what he perceives as a dark chapter for the ACT Justice system. Mr. Lehrmann promised to share more details once the Chief Minister releases the full report to the public.</p> <p>The landmark inquiry found that the prosecution's legal initiation was appropriate, but it severely criticised Mr. Drumgold's actions during the trial.</p> <p>Walter Sofronoff KC, a former Supreme Court judge in Queensland, affirmed the lawfulness of the police's charges against Mr. Lehrmann and agreed that the Office of the Director of Public Prosecutions was justified in prosecuting based on the available evidence.</p> <p>It is essential to note that this finding does not reflect Mr. Lehrmann's guilt or innocence but focuses on the conduct of the police and the Office of the Director of Public Prosecutions.</p> <p>Mr. Lehrmann remains innocent under the law since he was never convicted, as the trial collapsed following an allegation of juror misconduct.</p> <p>However, the inquiry revealed damning evidence against Mr. Drumgold, accusing him of "knowingly lying" to the ACT Supreme Court regarding his alleged warning to Lisa Wilkinson concerning her Logies speech.</p> <p>The report uncovered unethical conduct by Mr. Drumgold, including his use of a note related to a discussion he had with Ms. Wilkinson just days before her speech.</p> <p><em>The Australian</em> newspaper <a href="https://www.theaustralian.com.au/nation/sofronoff-report-reveals-shane-drumgold-lied-during-bruce-lehrmann-rape-case/news-story/07d25b9c79364a10473806e3df48dfa7" target="_blank" rel="noopener">obtained a complete copy</a> of the extensive 600-page Sofronoff report, which confirmed the seriousness of the findings against Mr. Drumgold. This led Mr. Sofronoff to contemplate whether the DPP was suitable to continue holding the office.</p> <p>The inquiry was initiated after Mr. Drumgold wrote a letter to ACT Chief Police Officer Neil Gaughan in November 2022, demanding an inquiry and making "scandalous allegations" about political interference. However, the inquiry revealed that these allegations were baseless and untrue.</p> <p>The report further criticised Mr. Drumgold for not disclosing crucial material to the defence, which is a significant violation of the principle of disclosure in criminal litigation.</p> <p>Chief Justice Lucy McCallum's stern criticism of Ms. Wilkinson's Logies speech led to a four-month delay in the trial and sparked a firestorm of adverse publicity.</p> <p>The report favoured Ms. Wilkinson's account over Mr. Drumgold's, suggesting that he had knowingly lied to Chief Justice McCallum about his warning to the broadcaster.</p> <p>Mr. Sofronoff stated that while Ms. Wilkinson should have exercised caution in making the speech given the trial's proximity, Mr. Drumgold had a responsibility to the court and failed to act appropriately.</p> <p>In conclusion, the Sofronoff inquiry found significant misconduct on the part of Mr. Drumgold and raised concerns about the fairness of the trial conduct in Bruce Lehrmann's case.</p> <p><em>Images: Getty</em></p>

Legal

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Decision reached over Ed Sheeran's copyright trial

<p>Ed Sheeran has emerged victorious from a lengthy legal battle that claimed he "ripped off" another popular song. </p> <p>Sheeran, 32, was being sued over his 2014 single <em>Thinking Out Loud</em> by Structured Asset Sales, who claim that Sheeran's hit took elements directly from Marvin Gaye's <em>Let's Get It On</em>.</p> <p>On Thursday, the court ruled that the British singer-songwriter did not plagiarise the song, with the jury of three men and four women only taking three hours to reach a decision.</p> <p>Sheeran stood up and hugged his team after jurors ruled that he “independently” created his song, as he stopped outside the courtroom to thank those who supported him through the legal battle. </p> <p>The pop star added he was “unbelievably frustrated that baseless claims like this” even make it to court.</p> <p>“I’m just a guy with a guitar who loves writing music for people to enjoy. I am not and will never allow myself to be a piggy bank for anyone to shake,” he said outside the court.</p> <p>Sheeran revealed he missed his grandmother’s funeral in Ireland as he sat through the “bogus” and “dangerous” lawsuit that claimed he stole key elements for his hit song.</p> <p>“These cords are common building blocks which were used to create music long before <em>Let’s Get it On</em> was written. Will be used to make music long after we are all gone,” Sheeran said.</p> <p>“They are a songwriter’s alphabet. Our toolkit. And should be there for all of us to use. No one owns them. Or the way they are played. In the same way nobody owns the colour blue.”</p> <p>Ed's victory comes after he declared that if he had lost the case, he would've <a href="https://oversixty.com.au/entertainment/music/i-m-done-why-ed-sheeran-is-threatening-to-quit-music" target="_blank" rel="noopener">quit</a> the music industry all together. </p> <p>Outside the court room on Monday when the court proceedings were still in progress, he expressed his exasperation over the case, and made a bold statement about the future of his career. </p> <p>"If that happens, I'm done, I'm stopping," Sheeran said, according to reports from <a title="People" href="https://people.com/music/ed-sheeran-done-if-he-loses-lets-get-it-on-copyright-lawsuit/" target="_blank" rel="nofollow noopener">People</a>.</p> <p>"I find it to be really insulting," Sheeran added. "I work really hard to be where I'm at."</p> <p><em>Image credits: Getty Images</em></p>

Music

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Big jump in e-scooter injuries following Melbourne trial

<p>With many Australian states reviewing the laws around electric scooters, new data from Victoria suggests more can be done to prevent serious injuries.</p> <p>Data from Monash University’s Victorian Injury Surveillance Unit shows a doubling in the number of scooter injuries in the state this year.</p> <p>Some 427 people attended emergency departments with injuries from e-scooters in 2021/22, a 234% increase on the previous year.</p> <p>The data comes from 38 Victorian public hospitals with 24-hour emergency departments. Around a third of the emergency department presentations were admitted to hospital. </p> <p>Reflecting trends seen in Queensland, the majority of Victorian e-scooter injuries involved males (68% in 2021/22), with head and neck injuries common. </p> <p>Younger people aged 10 to 39 consistently made up more than 70% of emergency department presentations in 2020/21 and 2021/22.</p> <p>But urban transport specialists say e-scooters should still be taken seriously as a method of transport which offers environmental and health benefits.</p> <p>Professor Hussein Dia from Swinburne University, an expert in future urban mobility, argues it’s important to consider the broader benefits offered by micromobility transport options, particularly as an alternative to private car use for shorter commutes, and for connecting people to nearby public transport.</p> <p>“I think we need to take them seriously because they can make a big difference in terms of reducing congestion, improving livability in our cities, because they can be accessed very easily, and also they can be a force for a good change in reducing emissions.”</p> <p>“Transport contributes around 18% of [greenhouse gas emissions], particularly road transport and specifically private vehicles. So, the more we move people out of private vehicles towards public transport, e-bikes and e-scooters, the better for everyone. And then also, let’s not forget about the health benefits. But we need to prioritise safety,” he says.</p> <p>Victorian Injury Surveillance Unit data shows there were more than 11,400 emergency department presentations related to cycling injuries, more than 5,500 for motorbikes, and more than 7,600 related to cars in 2021/22. While e-scooter injury numbers are relatively small in comparison to these other transport modes, it’s difficult to compare statistics directly given the lack of information on the proportion of trips made by e-scooter.</p> <p>Transport accidents are the third highest cause of serious injuries and fourth highest cause of deaths, 2019-20 data from the Australian Institute of Health and Welfare shows. Car occupants and motorcyclists experienced the highest rates of serious injuries and deaths. </p> <p>Dia says while each city is different in terms of its infrastructure and transport policies, a UK study found e-scooters were five times safer than bicycles and nine times safer than motorbikes. </p> <p>Professor Mark Stevenson, an expert in transport and public health at the University of Melbourne, says when e-scooters and e-bikes replace car trips this reduces air pollution in the form of particulate matter from car tyres and combustion.</p> <p>Stevenson says injury data typically doesn’t distinguish between regulated use of e-scooters as part of the trial in Melbourne, and illegal or unregulated use. This is an important distinction because vehicles in the trial have safety measures in place such as speed limitations and helmet requirements.</p> <p>“If we embrace them and also ensure that we can deliver a safe transport infrastructure for them, we could see enormous utility out of these vehicles, one that will deliver in spades,” he says.</p> <p>The year-long trial of 1,500 rent-and-ride e-scooters operates in the inner city councils of Melbourne, Yarra and Port Phillip. To date, Melburnians have taken more than a million trips on e-scooters according to the Royal Automobile Club of Victoria.</p> <p>Private e-scooters remain illegal to use in public spaces, including roads and footpaths in Victoria. It’s estimated 100,000 e-scooters are privately owned in Victoria, according to reports in The Age.</p> <p>A spokesperson for Neuron, one of the companies participating in the Melbourne trial, says its vehicles include safety technology that controls where e-scooters are ridden and parked, and how fast they can travel.</p> <p>“Safety is our top priority, we have a robust rider education program focused on ensuring riders know the rules and how to ride and park responsibly. We run regular safety campaigns and ScootSafe events and deploy ‘Safety Ambassadors’ to city streets to engage one-to-one with riders and the general public,” the spokesperson says.</p> <p>According to the Victorian Injury Surveillance Unit, the most common injuries were fractures (35%), dislocations or sprains (11%) or open wounds (11%) in 2021-22.</p> <p>Most injuries occurred as a result of people falling from e-scooters (81%), 7% collided with a car or van, 1% collided with a bicycle, and 1% with a pedestrian.</p> <p>Queensland recently introduced new rules and penalties for e-scooters in an effort to improve safety, and South Australia looks set to reform e-scooter laws in 2023.</p> <p><strong>This article originally appeared on <a href="https://cosmosmagazine.com/cosmos-briefing/victoria-e-scooter-injuries/" target="_blank" rel="noopener">cosmosmagazine.com</a> and was written by Petra Stock.</strong></p> <p><em>Image: Shutterstock</em></p>

Travel Trouble

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Truckie on trial "gloated" over death of 6-year-old boy

<p>A truck driver who has been charged with causing a horrific crash that killed a 6-year-old boy reportedly "gloated" about the accident over his CB radio after he failed to stop, a court has heard.</p> <p>Allan Michael Dyson, 59, appeared via videolink in Sydney Downing Centre Local Court on Wednesday to apply for bail after being charged with dangerous driving occasioning death, dangerous driving occasioning grievous bodily harm, and three counts of causing bodily harm by misconduct.</p> <p>Police allege Mr Dyson was behind the wheel of a truck on November 6th 2004, when it collided with a station wagon in the New South Wales Southern Highlands. </p> <p>Rian Strathdee was reportedly sitting in the back of the car when the crash forced the vehicle to roll 40 meters down the ridge of the road. </p> <p>Rain died at the scene, and two other family members who were also in the car at the time of the impact were rushed to hospital for their injuries. </p> <p>Police claim Mr Dyson, then 42 years old, did not stop to offer help after the collision, and instead drove away. </p> <p>“Rather than stopping and rendering assistance, the applicant sees it fit to get on the CB radio and gloat,” police prosecutor Kerry-Ann McKinnon told the court. </p> <p>The truck driver allegedly made “callous remarks” about the deadly crash which were heard by two witnesses.</p> <p>The sergeant told the court the police would be relying on a number of lawfully intercepted telephone calls to prove their case.</p> <p>“Not only do we say that he puts himself in the driver’s seat that day (during the tapped calls) but we say he makes admissions to the offences,” she said.</p> <p>During an intercepted phone call, police allege Mr Dyson made damning statements about the police case against him.</p> <p>“Yeah they’ve got their facts pretty much right …. I’d say they’ll lock me up pretty much straight away,” he allegedly said in a phone call to a friend. </p> <p>“Someone obviously stirred them up, yeah someone dobbed me in.”</p> <p>Sergeant McKinnon said there could be “no denying” that Mr Dyson was the driver of the truck that killed six-year-old Rian and injured his family members. </p> <p>“Anyhow, like I said, I did it,” the truck driver allegedly said in a phone call heard by police, the court was told.</p> <p>“I could have stopped really, I could have.”</p> <p>The truck driver will remain behind bars on remand until December 15th when his matter returns to court. </p> <p>He has not entered any pleas to the five charges.</p> <p><em>Image credits: ABC News / Strathdee family</em></p>

Legal

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Brittany Higgins’ comments reported to police after trial thrown out

<p dir="ltr">The comments Brittany Higgins made outside of court after the case was thrown out have been referred to the police by Bruce Lehmann’s lawyers. </p> <p dir="ltr">Mr Lehmann has pleaded not guilty of raping former Liberal staffer Brittany Higgins in Parliament House after a night out drinking in March 2019. </p> <p dir="ltr">On October 27, the case was thrown out of court after it was found that a juror accessed evidence that was not presented in court. </p> <p dir="ltr">An emotional Ms Higgins spoke to the media for three minutes after Chief Justice Lucy McCallum’s decision</p> <p dir="ltr">“I told the truth, no matter how uncomfortable or unflattering to the court,” she said. </p> <p dir="ltr">"I was required to tell the truth under oath for over a week in the witness stand, I was cross-examined at length.”</p> <p dir="ltr">This was enough for Mr Lehmann’s lawyers to report Ms Higgins’ comments to the police stating "the complainant proceeded to give what appears to have been a pre-prepared speech to the media outside the court".</p> <p dir="ltr">"We have brought these comments to the attention of the Court and the Australian Federal Police, and it is not appropriate for Mr Lehrmann or his lawyers to make any comments as to whether the complainant's statements might amount to a contempt or offences against the ACT Criminal Code," a statement from lawyer Steven Whybrow read.</p> <p dir="ltr">Chief Justice Lucy McCallum notified the court as soon as she found out that a juror had accessed evidence that was not presented in court.</p> <p dir="ltr">All 12 jurors were called into the ACT Supreme Court and questioned after an academic paper that reported on how often false rape accusations were made was found.</p> <p dir="ltr">"During routine tidying of the jury room by three sheriff's officers after the conclusion of proceedings yesterday, one of the officers accidentally bumped one of the juror's document holders onto the floor," she said. </p> <p dir="ltr">She said she had no other choice but to dismiss the jurors despite warning them “at least 17 times” to only discuss the points said in court.</p> <p dir="ltr">"You must not try to undertake your own research," she said she told them.</p> <p dir="ltr">"You must rely exclusively on the evidence you hear in this courtroom.</p> <p dir="ltr">"If you are learning something about this trial, and I'm not there, then you should not be doing it."</p> <p dir="ltr">Despite dismissing the jurors, Justice McCallum thanked them and told them that their time was not wasted.</p> <p dir="ltr">"This may come as a frustration to you after the hard work you all put in, and I want to convey my extreme gratitude," she said.</p> <p dir="ltr">The juror who accessed the academic papers will not face repercussions for their misconduct.</p> <p dir="ltr">A retrial will be held on February 20, 2023 with Mr Lehmann released on bail. </p> <p dir="ltr"><em>Images: Nine News</em></p>

Legal

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Stunning developments in rape trial of Bruce Lehrmann

<p dir="ltr">The jury in the rape trial of Bruce Lehrmann has been dismissed with no verdict after a juror accessed material that was not admitted in court.</p> <p dir="ltr">Mr Lehrmann has pleaded not guilty of raping former Liberal staffer Brittany Higgins in Parliament House after a night out drinking in March 2019.</p> <p dir="ltr">The trial ran for 12 days with 29 witnesses taking the stand before the jury was asked to deliberate on the evidence.</p> <p dir="ltr">A few days after the trial ended, the jurors could not reach a verdict but were urged by the judge to go back and come to a conclusion.</p> <p dir="ltr">Chief Justice Lucy McCallum then notified the court on October 27 that a juror had accessed evidence that was not presented in court.</p> <p dir="ltr">All 12 jurors were called into the ACT Supreme Court and questioned after an academic paper that reported on how often false rape accusations were made was found.</p> <p dir="ltr">"During routine tidying of the jury room by three sheriff's officers after the conclusion of proceedings yesterday, one of the officers accidentally bumped one of the juror's document holders onto the floor," she said, ABC reported.</p> <p dir="ltr">She said she had no other choice but to dismiss the jurors despite warning them “at least 17 times” to only discuss the points said in court.</p> <p dir="ltr">"You must not try to undertake your own research," she said she told them.</p> <p dir="ltr">"You must rely exclusively on the evidence you hear in this courtroom.</p> <p dir="ltr">"If you are learning something about this trial, and I'm not there, then you should not be doing it."</p> <p dir="ltr">Despite dismissing the jurors, Justice McCallum thanked them and told them that their time was not wasted.</p> <p dir="ltr">"This may come as a frustration to you after the hard work you all put in, and I want to convey my extreme gratitude," she said.</p> <p dir="ltr">"I don't want you to leave court thinking this has been a waste of time."</p> <p dir="ltr">Mr Lehrmann was granted bail until the new trial which is scheduled for February 20, 2023.</p> <p dir="ltr">Outside the court, an emotional Ms Higgins then delivered a tearful speech in which she said she “chose to speak up” to help others who were in a similar situation.</p> <p dir="ltr">As a result, Mr Lehrmann’s lawyers are now seeking urgent legal advice from police over whether Brittany Higgins' speech outside the ACT Supreme Court could constitute contempt of court.</p> <p>Mr Lehrmann’s defence barrister Steve Whybrow later confirmed In a statement that he had referred the matter to police.</p> <p>“When we left Court this morning, I indicated to the gathered media that given this matter was ongoing and a date of 20 February 2023 had been fixed for any retrial, it would be both inappropriate and irresponsible to make any further comment at this stage,” the statement read.</p> <p>“I understand the complainant and other members of her support team were all seated in Court this morning when the Chief Justice discharged the jury and made strong comments about people making statements or comments that could prejudice a fair trial.</p> <p>“Notwithstanding Her Honour’s admonition, the complainant proceeded to give what appears to have been a pre-prepared speech to the media outside the Court.”</p> <p>“We have brought these comments to the attention of the Court and the Australian Federal Police, and it is not appropriate for Mr Lehrmann or his lawyers to make any comment as to whether the complainant’s statements might amount to a contempt of court offences against the ACT Criminal Code.</p> <p>“I urge all media to show restraint in reporting this matter and in particular in republishing the statements made by the complainant.</p> <p>“Neither Mr Lehrmann nor his lawyers will be making any further comment on this matter at this stage.”</p> <p dir="ltr"><em>Images: ABC</em></p>

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Lisa Wilkinson’s “rules” during rape trial

<p dir="ltr">Lisa Wilkinson has been given a set of “rules” she is required to adhere to while appearing on <em>The Project</em> during the trial for the alleged rape of former Liberal political staffer Brittany Higgins.</p> <p dir="ltr">The former Liberal staffer’s court case began on October 4 in the ACT Supreme Court in which Bruce Lehrmann is accused of allegedly raping Ms Higgins.</p> <p dir="ltr">He has pleaded not guilty to the charges as the case continues.</p> <p dir="ltr">The trial was delayed following <em>The Project</em> host’s explosive Logies speech in which she spoke about the case that she is due to give evidence at.</p> <p dir="ltr">Since the case began, a source has claimed that Wilkinson has been given a set of “rules” she needs to follow as she appears on the Channel 10 news show.</p> <p dir="ltr">One of the rules is that Wilkinson is not allowed to read the news headlines while the trial is going ahead, <a href="https://www.theaustralian.com.au/business/media/the-project-issues-rules-for-lisa-wilkinson-ahead-of-rape-trial-court-appearance/news-story/48a2446175310149853e13d87a2d2d1b" target="_blank" rel="noopener">The Australian</a> reported.</p> <p dir="ltr">Another rule is that the host will not appear on The Project on the days that she is scheduled to give evidence.</p> <p dir="ltr">Her co-hosts Waleed Aly and Carrie Bickmore are also advised not to engage in discussions about the case other than reading headlines.</p> <p dir="ltr">Further to this, Wilkinson will continue to appear on the show on Sunday, Thursday and Friday.</p> <p dir="ltr">Wilkinson has been the topic of conversation during the trial, including her husband Peter Fitzsimmons who offered to represent Ms Higgins.</p> <p dir="ltr"><em>Image: Getty</em></p>

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List of witnesses revealed as Brittany Higgins trial begins

<p dir="ltr">The witnesses due to testify in Brittany Higgins’ trial against her alleged rapist Bruce Lehrmann have been revealed.</p> <p dir="ltr">The former Liberal staffer’s court case began on October 4 in the ACT Supreme Court where a recording of Higgins’ police interview from February 2021 recounting the alleged rape played. </p> <p dir="ltr">Bruce Lehrmann who was also a Liberal staffer at the time of the alleged offence, has pleaded not guilty, and has said he did not have sex with Higgins. </p> <p dir="ltr">A whopping 52 witnesses will appear during the rape trial, including TV star Lisa Wilkinson, coalition senators Linda Reynolds and Michaelia Cash. </p> <p dir="ltr">Other big names include John Kunkel, the former chief of staff to Scott Morrison, and News Corp journalist Samantha Maiden.</p> <p dir="ltr">Lehrmann arrived at the court surrounded by a group of lawyers, while Higgins arrived with her supporters including lawyer Leon Zwier and boyfriend David Sharaz.</p> <p dir="ltr">She was also spotted wearing a badge featuring a feminist slogan. </p> <p dir="ltr">Chief Justice Lucy McCallum noted that the criminal trial is one of “cause celebre” due to its high-profile nature. </p> <p dir="ltr">“It is a fundamental requirement that a person accused of a serious criminal offence be tried by an impartial jury,” she told the court.</p> <p dir="ltr">“I'm asking you to consider your own state of mind (with) the issues that will arise in this case and honestly consider if you can be impartial … and give a true verdict according to the evidence.”</p> <p dir="ltr">The trial is expected to run for between four and six weeks.</p> <p dir="ltr"><em>Images: Nine News</em></p>

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New laws prompted by Chris Dawson murder trial

<p dir="ltr">New South Wales is set to introduce new laws making it "impossible" for convicted murders to be released on parole if they refuse to reveal where the bodies of their victims are located.</p> <p dir="ltr">The proposed "no body, no parole" law comes as Chris Dawson was convicted of his wife's murder last month, which happened in 1982. The issue gained attention as soon as the high-profile case gained heavy media coverage – yet the body of Lynette Dawson was never found.</p> <p dir="ltr">NSW Premier Dominic Perrottet said the government's proposed bill would mean offenders must co-operate with investigators and disclose the location of remains for any chance of release on parole.</p> <p dir="ltr">"We will make it impossible for offenders who willfully and deliberately refuse to disclose information about their victim's remains, to be granted parole," Mr Perrottet said.</p> <p dir="ltr">"Being unable to locate a loved one's body is extremely distressing and traumatic for the families and friends of victims and it denies a victim the dignity of being laid to rest appropriately.</p> <p dir="ltr">"These laws are to stop inmates convicted of murder or homicide offences from getting parole unless they co-operate with police to end the torment of families and return to them the remains of their loved ones."</p> <p dir="ltr">"No body, no parole" laws are already in place in other states and territories including Victoria, Queensland, South Australia, Western Australia and the Northern Territory.</p> <p dir="ltr">Under the proposed laws, the State Parole Authority (SPA) must not grant parole unless it decides the offender has cooperated in identifying the victim's location. Once the law has passed, it would apply to all current and future inmates in NSW.</p> <p dir="ltr"><em>Image: Getty</em></p>

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This EU country is the first to trial digital passports

<p dir="ltr">Finland will be the first country to trial digital passports that would allow people to travel without paper documents.</p> <p dir="ltr">Instead, travellers will be able to use a mobile app that stores digital copies of their important travel documents, as reported by the <em><a href="https://www.nzherald.co.nz/travel/finland-set-to-become-the-first-eu-country-to-trial-digital-passports/MDLD7UORHB4GACBOZ35SZ3NUQQ/" target="_blank" rel="noopener">NZ Herald</a></em>.</p> <p dir="ltr">A successful trial would be a big step towards EU-wide adoption of digital passports, but Europeans shouldn’t be ditching their paper passports just yet.</p> <p dir="ltr">Mikko Väisänen, an inspector of the Finnish Border Guard, said the trial is dependent on the Finnish government finishing the drafting of a funding application which will be submitted to the European Commission at the end of the month.</p> <p dir="ltr">Once the funding is approved, a select group of volunteers will be able to take part in the pilot run, held at Helsinki Airport for flights between Finland and Croatia.</p> <p dir="ltr">The volunteers will still need their paper passports, but will be given a mobile app to download onto their phone so they can share the necessary information with border security.</p> <p dir="ltr">Väisänen said that adopting digital passports wouldn’t just make the lives of travellers easier, especially for those who forget or lose their documents while abroad, but can also make border checks more efficient.</p> <p dir="ltr">Christoph Wolff, the Head of Mobility at the World Economic Forum, agreed, saying that electronic, paperless systems could be key to managing demand in airports.</p> <p dir="ltr">"By 2030, international air arrivals are expected to reach 1.8 billion passengers, up 50 per cent from 2016. Under today's systems, airports cannot keep up with this growth," he said.</p> <p dir="ltr">If the Finnish government’s application is successful, the trial would begin at the end of 2022.</p> <p><span id="docs-internal-guid-71dfee4d-7fff-6ba3-056f-0a3907b16c4b"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

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“May justice be done”: Ben Roberts-Smith’s trial comes to an end

<p dir="ltr">The defamation trial launched by Ben Roberts-Smith against Nine newspapers has come to an end after four years, with Justice Anthony Besanko left with the final task of condemning or clearing the war veteran’s name.</p> <p dir="ltr">Mr Roberts-Smith’s lawyers are hoping that finding in their client’s favour will see his name cleared and result in the largest defamation payout in history, while a finding in favour of his journalist opponents could validate their claims he committed “the most heinous acts of criminality” while serving in the SAS.</p> <p dir="ltr">The lengthy case drew to a close on Wednesday after over 100 days of evidence, more than $25 million in legal fees and two weeks of closing speeches.</p> <p dir="ltr">Arthur Moses SC, Mr Roberts-Smith’s barrister, used his closing statement to push the fact that Nine had the burden of proof to prove their claims the Victoria Cross recipient had murdered unarmed prisoners, </p> <p dir="ltr">“(Nine) published allegations and stories as fact that condemned Mr Roberts-Smith as being guilty of the most heinous acts of criminality that could be made against a member of the Australian Defence Force, and indeed any citizen,” Mr Moses said.</p> <p dir="ltr">“It depends upon recollection of events that occurred during missions more than 10 years ago… Recollections which are contradicted either by their own witnesses, our witnesses and Defence Force documents.”</p> <p dir="ltr">“They have urged upon the court a case which is one of mere suspicion, surmise and guesswork to condemn a man, who served his nation with great distinction, as a war criminal.”</p> <p dir="ltr">Mr Moses called on Justice Besanko to reject Nine’s case “in all forms”.</p> <p dir="ltr">Meanwhile, Nicholas Owens SC, representing Nine, closed his case by returning to the claims and counterclaims, including the question of Mr Roberts-Smith’s motive in killing six detained Afghans when he had transported hundreds of others safely back to Australia bases, which Mr Roberts-Smith said Nine had left unanswered.</p> <p dir="ltr">When he opened his case in June 2021, Mr Owens said that even “the most brutal, vile member of the Taliban imaginable” can’t be killed once detained and “to do so is murder”.</p> <p dir="ltr">On Wednesday, he returned to this point and said Mr Roberts-Smith killed the detainees simply because they were “enemy combatants”.</p> <p dir="ltr">“We say that was a powerful motive that operated in relation to all of these incidents… it was a motive to kill Taliban insurgents regardless of the lawfulness of doing so,” Mr Owens told the court.</p> <p dir="ltr">Justice Besanko thanked lawyers on both sides, as well as the legal team for the Commonwealth government who had been on-hand every single day in court to keep highly classified material out of the public sphere.</p> <p dir="ltr">With the trial conducting itself in a combination of open and closed court, with sensitive information and testimonies being held in closed court, the full scope of evidence Justice Besanko must consider isn’t well-known.</p> <p dir="ltr">It is also unknown just how long it will take Justice Besanko to reach a verdict, given the sheer volume of evidence and documents, but it is expected to take many months.</p> <p><span id="docs-internal-guid-ebdbd3ac-7fff-5171-1cfa-d53402605665"></span></p> <p dir="ltr">Nick McKenzie, one of the journalists Mr Roberts-Smith launched his case against, took to social media following the trial’s conclusion to summarise the claims made against Mr Roberts-Smith and call for justice to be done.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Roberts-Smith trial is now over, save for judgment. 4 years ago RS launched it. Such stress for all involved: SAS eye witnesses who accuse RS of murders/cliffkicking of innocent Afghan father, Afghans who witnessed the same, brave woman who spoke up about DV.<br />May justice be done.</p> <p>— Nick McKenzie (@Ageinvestigates) <a href="https://twitter.com/Ageinvestigates/status/1552124223669149696?ref_src=twsrc%5Etfw">July 27, 2022</a></p></blockquote> <p dir="ltr">“Roberts-Smith trial is now over, save for judgement,” the <em>Age </em>journalist wrote.</p> <p dir="ltr">“4 years ago RS (Roberts-Smith) launched it. Such stress for all involved: SAS eye witnesses who accuse RS of murders/kicking of innocent Afghan father, Afghans who witnessed the same, brave woman who spoke up about (domestic violence).</p> <p dir="ltr">“May justice be done.”</p> <p dir="ltr"><span id="docs-internal-guid-66f1c50f-7fff-6c69-c33f-cb92127519d5"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

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Chris Dawson trial reaches its conclusion

<p dir="ltr">Chris Dawson’s murder trial has finally ended with the judge promising to reach a verdict “relatively quickly”.</p> <p dir="ltr">The former Sydney school teacher has pleaded not guilty to murdering his wife Lynette, who went missing from the family home in Sydney's Northern Beaches in January 1982.</p> <p dir="ltr">Following a seven week long trial at The Supreme Court Justice Ian Harrison said he will reveal his verdict as soon as possible. </p> <p dir="ltr">On the final day of hearing, the crown alleged that the former rugby player had an "unfettered relationship" with the family’s babysitter, known in court as JC. </p> <p dir="ltr">The babysitter was also a student at the same school Dawson taught at and he eventually married her before seeing Lynette as an “impediment” on his relationship with JC.</p> <p dir="ltr">Dawson’s barrister Pauline David told the court that Lynette would have been "understandably, deeply hurt" by her husband’s relationship with JC but she chose to leave her family behind. </p> <p dir="ltr">"We say notwithstanding his relationship, however inappropriate, the defence position is that doesn't make him a murderer," Ms David told the court, <a href="https://www.abc.net.au/news/2022-07-11/chris-dawson-murder-verdict-expected-quickly-judge-says/101227050" target="_blank" rel="noopener">ABC</a> reported.</p> <p dir="ltr">Dawson maintains his innocence and told the court that he dropped his wife off at a bus stop in Mona Vale on January 9, 1982 where they agreed to meet up to pick up the kids at the swimming pools. </p> <p dir="ltr">During a police interview he claims that Lynette called him saying she needed time away to think.</p> <p dir="ltr">He told police that Lynette called him again multiple times over the following weeks with the topic along the same lines. </p> <p dir="ltr">His defence team are relying on the phone calls, Lynette’s bank statement, as well as alleged sightings of his wife five times between 1982 and 1984. </p> <p dir="ltr">Ms David told the court that it is a hypothesis which has not yet been thrown out by the courts. </p> <p dir="ltr">"I hope to be able to provide my judgement relatively quickly," Justice Harrison said at the conclusion of the submissions. </p> <p dir="ltr">"That doesn't mean tomorrow, I can assure you."</p> <p dir="ltr"><em>Image: ABC</em></p>

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