Search

Bombshell allegations in murder case of young school girl

The man accused of murdering nine-year-old Charlise Mutten has claimed her mother was the one to pull the trigger. Justin Stein, 33, is facing trial for allegedly murdering Charlise in January 2022 at Mount Wilson, in the Blue Mountains west of Sydney. 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. 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. The court heard that Stein was in a relationship with Charlise's mother Kallista Mutten, as the pair met while both serving jail sentences. 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. 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. 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. 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. 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. Image credits: ABC / NSW Police

Legal

Brutal cost of Bruce Lehrmann’s failed defamation case

Bruce Lehrmann has been ordered to pay the majority of Network Ten's multi-million dollar legal fees after his failed defamation case. 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. The 28-year-old had sued Network Ten for defamation over a February 2021 report on The Project, in which journalist Lisa Wilkinson interviewed Higgins over the rape allegation. 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. 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. "In the end, it comes down to the order for costs that best does overall justice in the circumstances," Lee told the court. "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." 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". "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. 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. The total amount he will have to pay will be determined at a hearing later in May. Image credits: Getty Images <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';">

Legal

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

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. 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. 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. 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. 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. “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. “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.” Prosecutors allege Jesús Gerardo “killed them, took their tyres, put the tyres on her car and drove back”. When he went back to their house, the court heard he allegedly told Ari Gisel, “I f**ked up three gringos (English-speaking foreigner).” “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. “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.” 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”. “This conversation that he had with his girlfriend is pretty damning,” she said. 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. 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. “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. “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.” Image credits: Instagram / State Commission of the Penitentiary System of Baja California

Legal

Huge reward to help solve cold case of missing mum

Police are offering a $500,000 reward for information to help solve a cold case that suspect was a murder. Tammy Lisa Dyson, also known as Tamela Menzies, was 23 when went missing from the Currumbin area in 1995. 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. 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". Police believe she began mixing with criminals and using drugs while working in strip clubs on the Gold Coast. In early 1995 Dyson arranged for her young sons, Jyles and Rainey, to stay with their grandmother in Victoria temporarily. A few months later she made a distressed call to her sister Olivia, who said she had been assaulted. 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. 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. She also called her sister one last time, with Olivia recalling that Tammy "didn't sound like herself" and she had mentioned underworld figures. Police have received a number of reported sightings of Tammy since 1995 but all proof of life inquiries have been proven negative. 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. Police are now offering the huge reward for new information and immunity from prosecution for any accomplice who comes forward. "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. On Wednesday, her sons, who were only three and one when their mother disappeared, made an emotional appeal for public help to find her. "Growing up without mum and not knowing what happened to her has been very hard," Jyles Lebler said through tears during a media conference. "Whoever has picked her up, I'm not saying they have done something but they must know something bad has happened." "We hope we find out what to mum to give grandma some closure before it's too late," Rainey added. Images: Queensland Police

Legal

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

<div class="theconversation-article-body"><a href="https://theconversation.com/profiles/adam-taylor-283950">Adam Taylor</a>, <a href="https://theconversation.com/institutions/lancaster-university-1176">Lancaster University</a> 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. 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">Burkholderia cepacia</a> in 2023-24, for example. 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. 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 B cepacia. 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>. But it’s not just B cepacia 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. 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>. <figure><iframe src="https://www.youtube.com/embed/pWsx8i1kaxs?wmode=transparent&start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> 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. 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. 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. <h2>Conjunctivitis</h2> 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>. <figure><iframe src="https://www.youtube.com/embed/RZ4danuJwd0?wmode=transparent&start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> 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. <h2>Blepharitis</h2> 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">Staphylococcus 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. <h2>Stye</h2> 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 S aureus form of the Staphylococcus species</a>. <figure><iframe src="https://www.youtube.com/embed/INKrGOdy824?wmode=transparent&start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> 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. <h2>Keratitis</h2> 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. 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>. 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. <h2>Uveitis</h2> <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>. <h2>Exogenous endophthalmitis</h2> 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>. <h2>Dacryocystitis</h2> 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">Streptococcus pneumoniae and Staphylococcus aureus</a> bacteria. 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. <h2>Careful with contacts</h2> Proper eye hygiene reduces the risk of all these conditions – and this is even more important for contact lens wearers. <figure><iframe src="https://www.youtube.com/embed/uENHAntJOIA?wmode=transparent&start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> 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>. Any persistent and painful redness or swelling of eyes should be checked by a registered health professional.<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" /> <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> Image credits: Getty Images 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>. </div>

Body

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

<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> 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. 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. <h2>Criminal trials by proxy</h2> 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. 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). <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> <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&utm_campaign=visualisation/17195035" target="_top"><img src="https://public.flourish.studio/resources/made_with_flourish.svg" alt="Made with Flourish" /></a></div> 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. 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. 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. 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. 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. 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. <h2>An argument over the truth</h2> 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. 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. 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. 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. 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. 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”. <h2>How was the case decided?</h2> 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. 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. 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. 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. <h2>Defamation laws favour the aggrieved</h2> 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. 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. 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. 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. But this case demonstrates that publishers with an appetite for the legal fight can come out on top.<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" /> <a href="https://theconversation.com/profiles/brendan-clift-715691">Brendan Clift</a>, Lecturer of law, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> Image credits: Getty Images 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>.

Legal

Astonishing drug and prostitute claims surface as Lehrmann case reopened

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. 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. 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. 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 The Project, where Brittany Higgins accused Lehrmann of rape within a Parliament House office in 2019. 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 Spotlight program. 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. "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>. 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. 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. Image: Getty

Legal

Major development in Madeleine McCann case

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. The urgency of the search stems from the belief that this individual may possess crucial information regarding the fate of the missing girl. 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">The Sun</a>, Ralph H. is a long-time friend of Brueckner, suspected of being involved in criminal activities alongside him, including home robberies. 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. 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 detective from Germany’s federal investigative agency, the Bundeskriminalamt (BKA). “He’s not at home, he doesn’t answer the phone, he’s apparently disappeared.” 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.” 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. 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. Images: Getty

Legal

New details emerge in Sam Kerr incident

Court documents have revealed that Sam Kerr was taken into custody was taken into custody and placed in a holding cell on the night she <a href="https://www.oversixty.com.au/finance/legal/sam-kerr-s-alleged-racial-comments-revealed-by-uk-paper" target="_blank" rel="noopener">allegedly verbally abused</a> a UK police officer. The Matildas captain has pleaded not guilty to the public disorder charge of using insulting, threatening or abusive words that caused alarm or distress towards a police officer in Twickenham, London, on January 30, 2023. The Sun reported that Kerr allegedly vomited in a taxi, was involved in a dispute about the taxi fare, and allegedly called an attending police officer a “stupid white b*****d”, which her legal team have argued that she actually called him a "stupid white cop". Kerr was <a href="https://www.smh.com.au/world/europe/sam-kerr-s-lawyers-request-police-station-cctv-footage-interview-be-retained-20240314-p5fc9w.html" target="_blank" rel="noopener">reportedly</a> placed in a police custody suite inside a police station and was interviewed during that time. According to court transcripts, there were also numerous body cam clips filmed by police during the alleged incident, which will be used as evidence in court. Kerr's legal team have reportedly requested for video footage of the incident to be made available to them, and last week they asked the Kingston Crown Court for any CCTV footage from outside a Twickenham station or from inside the custody suite to be provided to them. According to News Corp, her legal team is also yet to receive footage taken from two police body cam clips, and the transcript and audio from her interview while she was detained over the incident. The Daily Telegraph reported that during her plea hearing, Kerr was also warned about delaying any decision to change her plea to guilty — should that change of plea occur. “Should there be any change in your position … the sooner you plead guilty to this matter, if that is your intention and your wish, the earlier you do that the better, do you understand?” Judge Judith Elaine Coello said. “You will lose credit as time goes on and should you be convicted after trial; you will lose all credit you might otherwise have obtained. Are you clear on all of that?” Kerr is due to face trial in February 2025, and if found guilty could face up to six months in jail or an unlimited fine. Her lawyers are preparing to apply for the charges to be dismissed next month. Images: Getty

Legal

Former world champion cyclist to face court over Olympian wife's death

Rohan Dennis, the husband of former Olympic cyclist Melissa Hoskins, will face court after allegedly causing her death. Dennis, a former world champion cyclist, was arrested in January and charged with causing death by dangerous driving, driving without due care and endangering life. It is alleged that he recklessly struck his wife with his car in front of their home in Medindie in Adelaide on December 30. Hoskins was rushed to the Royal Adelaide Hospital but died later that night. The pair share two children together, and Dennis is due to appear at the Adelaide Magistrates Court today. If convicted, he faces a maximum penalty of 15 years in prison. The Australian cycling community were devastated when news of Hoskins' death first broke. "Melissa described her team pursuit gold medal at the 2015 world championships as the highlight of her career but for the rest of us, the highlight was just having her around," AusCycling chief executive Marne Fechner said at the time. "Although she retired in 2017, her presence as an alumnus of the sport has been felt and appreciated by many in the cycling and riding community." Hoskins competed in the 2012 Summer Olympics as a member of the Australian track cycling team pursuit, that finished fourth place. She also competed at the 2016 Olympics for the same team, and was in the squad that won the 2015 world title in the event. The Olympian was laid to rest in her hometown, Perth, in January with a public memorial service held in Adelaide during what would've been her 33rd birthday a month later. Dennis, who has been on bail since January, attended both ceremonies. Images: Getty

Legal

"Who cares?": Kyle Sandilands backs Sam Kerr

Kyle Sandilands has weighed in on Matildas captain Sam Kerr's court battle, after it was alleged that she called a police officer in London a <a href="https://www.oversixty.com.au/finance/legal/sam-kerr-s-alleged-racial-comments-revealed-by-uk-paper" target="_blank" rel="noopener">"stupid white b*****d"</a> during a dispute over a taxi fare. Sandilands was quick to defend the Matildas captain during the Kyle And Jackie O show on Tuesday and insisted that calling someone that didn't warrant a criminal conviction. "It's not even a big deal. She call some guy 'white b*****d'. Who cares?" the 52-year-old shock jock said. "White b******s don't care about that. That's for the other races to worry about," he added, before newsreader Brooklyn Ross quickly changed the topic. Kerr, 30, is preparing to face a four-day trial next February, following the incident that occurred after a night out in Twickenham on January 30, 2023. The football star appeared in a London court on Monday after she was accused of using insulting, threatening or abusive words that caused alarm or distress to the officer. Kerr has maintained her innocence, pleading not guilty to the charges brought against her. Her legal team hope to have the case thrown out when they return to court next month. In response to the controversy, the sport's governing body Football Australia (FA) said that while they were aware of the legal proceedings, they didn't know about the charges laid against Kerr. "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," they said in a statement. Images: Kyle and Jackie O show/ Getty

Legal

Experts shed new light on Samantha Murphy case

A panel of experts have shed new light on the case of missing mum Samantha Murphy. The mother-of-three went missing on February 4 after going for her usual morning run in a local park in Ballarat. 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. 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 Under Investigation on Wednesday night. “The idea that Samantha has actually wilfully left the family is just unfathomable and just implausible to me,” Dr Ashkar said. 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. “I think there could be anywhere between 4000 and 5000 gold mines just underneath the town," Shaw told Hayes. 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. “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. 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”. 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. 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. “I would still like to believe the very real possibility that it’s a kidnapping and she’s still alive,” Dr Ashkar said. “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.” Marrett added that the police’s interest in the damaged car was significant. “They didn’t just say a car, they said a damaged car, it’s so specific,” he said. “So was that damage caused with this incident or was that damage because someone saw a damaged car leave?” Image: Nine / Facebook

Legal

"I was shocked": Lisa Wilkinson's text messages shown in court

A series of explosive texts revealed in court have shown how Lisa Wilkinson's controversial Logies speech led to her untimely dismissal from The Project. The texts are contained in an affidavit that Wilkinson and her lawyers have submitted to the Federal Court in relation to a dispute over who will pay her million-dollar legal fees after being sued by Bruce Lehrmann for defamation. In an affidavit to the Federal Court, Wilkinson said she was shocked when she found out she was being let go from The Project, after she discovered her agent Nick Fordham had a meeting with Network Ten CEO Beverley McGarvey. “I was shocked, embarrassed and deeply disappointed by Ms McGarvey’s decision to remove me from The Project,” she said. “At that time, my most recent contract as co-host of The Project had only been signed 11 months before and still had more than two years to run.” Speaking of her agent's meeting, she said, “He told me that Ms McGarvey had informed him that Ten was doing a ‘rebrand’ of The Project with a number of hosting changes. He told me that she had said that those hosting changes included me." “He also told me that she had said that, because there had been too much heat on me in the months since the Logies speech – and, as a result, too much ‘brand damage’ – it was best that I be removed from my hosting role on The Project.” When she said farewell to The Project in 2022, Wilkinson blamed the “targeted toxicity” of sections of the media. “The last six months have not been easy,” Wilkinson told viewers of the panel show when she announced she would be leaving the show. “And the relentless, targeted toxicity by some sections of the media has taken a toll not just on me but on people I love." “I have had a ball,” she said. “But for me right now it’s time for a change. To be clear. I’m not leaving Ten and we’re looking at some very exciting work ideas ahead.” In the affidavit, she says that Ms McGarvey approved Wilkinson’s on-air explanation for her departure and suggested that they “sound very authentic”. “I said to her that this decision to remove me from The Project would result in yet more negative publicity for me, for The Project, and for Ten, particularly if my sudden departure was without explanation,” Wilkinson said. Ms McGarvey told Wilkinson in texts “Perfect delivery, you spoke from the heart.” “It was a beautiful sentiment and you are so generous to your colleagues. Thank you. The media should all be kind, you deserve it.” Image credits: Getty Images

Legal

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

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. Madeleine McCann was three years old when she went missing on a family trip to Portugal in 2007, and has not been seen since. 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. Now, almost seventeen years since her disappearance, a secret witness has come forward about a disturbing comment Brueckner a year after Maddie's abduction. 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. Busching, who is currently in police protection, claims Brueckner told him Madeleine was taken without anyone noticing because she didn't make a sound. "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">60 Minutes</a>. <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> </div> </blockquote> 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. "We have evidence and we come to the conclusion that Madeleine McCann is dead and Christian B murdered her," says Hans Christian Wolters. 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. 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." Image credits: Getty Images / 60 Minutes

Legal

Jumping castle operator in court over Hillcrest tragedy

A jumping castle operator who was charged over the 2021 <a href="https://oversixty.com.au/news/news/children-killed-in-hillcrest-tragedy-identified-amid-overwhelming-support" target="_blank" rel="noopener">Hillcrest Primary School tragedy</a> is expected to face court for the first time. Six children, Peter Dodt, Jye Sheehan, Jalailah Jayne-Maree Jones, Zane Mellor, Addison Stewart and Chace Harrison, were killed when the inflatable castle was lifted into the air on December 2021. The students were enjoying the end-of-year celebrations with their classmates on the oval of the school in Devonport in Tasmania's northwest, when the tragic incident occurred. Rosemary Anne Gamble, the operator who worked for Taz-Zorb - the company who supplied and set up the castle - was charged in November after failing to comply with workplace health and safety requirements. It is alleged that the castle was tethered at four of its eight anchorage points and the pegs recommended by the manufacturer, or a suitable alternative, weren't installed properly. According to court documents, seven students were on the castle when it became dislodged and airborne due to a "significant" weather event, causing them to fall from a height of about 10 metres. A few others were <a href="https://www.oversixty.com.au/news/news/heartbreaking-detail-as-mother-of-jumping-castle-victim-speaks" target="_blank" rel="noopener">reportedly</a> injured, with one nearby student being struck by the blower attached to the castle. It is alleged that Gamble failed to ensure the anchorage system was sufficient to prevent the castle from lifting, and failed to ensure there were pegs at each anchor point as per the manufacturer's instructions. It is also alleged that Gamble failed to provide adequate information, including manufacturer's operating manual to the two workers she was in charge of at the time. She is expected to face the Devonport Magistrates Court for the first time on Friday. Preparations for the coronial <a href="https://www.oversixty.com.au/health/caring/update-on-inquest-into-hillcrest-primary-deaths" target="_blank" rel="noopener">inquest</a> was put on hold because of the criminal charges. Image: Twitter/ ABC News

Legal

It’s 4 years since the first COVID case in Australia. Here’s how our pandemic experiences have changed over time

<a href="https://theconversation.com/profiles/deborah-lupton-9359">Deborah Lupton</a>, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a> It might be hard to believe, but four years have now passed since the <a href="https://www.health.gov.au/topics/covid-19/about">first COVID case</a> was confirmed in Australia on January 25 2020. Five days later, the <a href="https://www.who.int/publications/m/item/covid-19-public-health-emergency-of-international-concern-(pheic)-global-research-and-innovation-forum">World Health Organization</a> (WHO) declared a “public health emergency of international concern”, as the novel coronavirus (later named SARS-CoV-2) began to spread worldwide. On March 11 the WHO would declare COVID a pandemic, while around the same time Australian federal and state governments hastily <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_departments/Parliamentary_Library/pubs/rp/rp2021/Chronologies/COVID-19StateTerritoryGovernmentAnnouncements">introduced measures</a> to “stop the spread” of the virus. These included shutting Australia’s international borders, closing non-essential businesses, schools and universities, and limiting people’s movements outside their homes. I began my project, <a href="https://www.frontiersin.org/articles/10.3389/fpubh.2023.1092322/full">Australians’ Experiences of COVID-19</a>, in May 2020. This research has continued each year to date, allowing me to track how Australians’ attitudes around COVID have changed over the course of the pandemic. <h2>Evolving pandemic experiences</h2> We recruited participants from across Australia, including people living in regional cities and towns. Participants range in age from early adulthood to people in their 80s. The first three stages of the project each involved 40 interviews with separate groups of participants (so 120 people in total). These interviews were done in May to July 2020 (stage 1), September to October 2021 (stage 2), and September 2022 (stage 3). Stage 4 was an online survey with 1,000 respondents, conducted in September 2023. Limitations of this project include the small sample sizes for the first three stages (as is common with qualitative interview-based research). This means the findings from those phases are not generalisable, but they do provide rich insights into the experiences of the interviewees. The quantitative stage 4 survey, however, is representative of the Australian population. The findings show that as the conditions of the pandemic and government management have changed across these years, so have Australians’ experiences. In the <a href="https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-021-10743-7">early months of the pandemic</a>, some people reported becoming confused, distressed and overwhelmed by the plethora of information sources and the fast-changing news environment. On the other hand, seeking out information provided reassurance and comfort in response to their anxiety and uncertainty about this new disease. Australians <a href="https://www.taylorfrancis.com/chapters/edit/10.4324/9781003280644-28/covid-19-crisis-communication-deborah-lupton">continued to rely heavily</a> on news reports and government announcements in the first two years of the pandemic. Regular briefings from premiers and <a href="https://theconversation.com/chief-health-officers-are-in-the-spotlight-like-never-before-heres-what-goes-on-behind-the-scenes-166828?utm_source=twitter&utm_medium=bylinetwitterbutton">chief health officers in particular</a> were highly important for how they learned what was happening, as were updates in the media on case numbers, hospitalisations, deaths and progress towards vaccination targets. <h2>Trust has eroded</h2> Australians appear to have lost a lot of trust in COVID information sources such as news media reports, health agencies and government leaders. Early strong support of federal, state and territory governments’ pandemic management in <a href="https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-021-10743-7">2020</a> and <a href="https://www.tandfonline.com/doi/full/10.1080/14649365.2023.2240290">2021</a> has given way to much lower support more recently. My <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4626720">2023 survey</a> (this is published as a report, not peer-reviewed) found doctors were considered the most trustworthy sources of COVID information, but even they were trusted by only 60% of respondents. After doctors, participants trusted other experts in the field (53%), Australian government health agencies (52%), global health agencies (49%), scientists (45%) and community health organisations (35%). Australian government leaders were towards the lower end of the spectrum (31%). In <a href="https://academic.oup.com/heapro/article/38/1/daac192/7026242?login=false">2021</a>, Australians responded positively to the vaccine targets and “<a href="https://www.premier.vic.gov.au/victorias-roadmap-delivering-national-plan">road maps</a>” set by governments. These clear guidelines, and especially the promise that the initial doses would remove the need for lockdowns and border closures, were strong incentives to get vaccinated in 2021. Unfortunately, the prospect that vaccines would control COVID was shown to be largely unfounded. While COVID vaccines were and continue to be very effective at protecting against severe disease and death, they’re less effective at <a href="https://coronavirus.jhu.edu/vaccines/vaccines-faq">stopping people becoming infected</a>. Once very high numbers of eligible Australians became vaccinated against the delta variant, <a href="https://pubmed.ncbi.nlm.nih.gov/37068078/">omicron reached Australia</a>, resulting in Australia’s first big wave of infection. This led to disillusionment about vaccines’ value for many participants. In the <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4626720">2023 survey</a>, respondents reported a high uptake of the first three COVID shots. But when asked whether they planned to get another vaccine in the next 12 months, almost two-thirds said they did not, or they were unsure. <h2>Enter complacency</h2> Complacency now seems to have set in for many Australians. This can be linked to the progressive withdrawal of strong public health measures such as quarantine, mandatory isolation when infected, and testing and tracing regimens. Meanwhile, the media, government leaders and health agencies have played less of an active public role in conveying COVID information. This has led to uncertainty about the extent to which COVID is still a risk and lack of incentive to take protective actions such as mask wearing. In <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4626720">2023</a>, after mandates had ended, only 9% of respondents said they always wore a mask in indoor public places. Only a narrow majority of respondents even supported compulsory masking for workers in health-care facilities. The <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4626720">2023 survey</a> confirmed many Australians no longer feel at risk from COVID. Some 17% of respondents said COVID was definitely still posing a risk to Australians, while a further 42% saw COVID as somewhat of a risk. This left 28% who did not view COVID as much of a continuing risk, and 13% who thought it was not a risk at all. <h2>COVID is still a risk</h2> Whether or not people feel at continuing risk from COVID, the pandemic is still significantly affecting Australians. The <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4626720">2023 survey</a> found more than two-thirds of respondents (68%) reported having had at least one COVID infection to their knowledge, including 13% who had experienced three or more. Of those who’d had COVID, 40% said they experienced ongoing symptoms, or long COVID. If the pandemic loses visibility in public forums, people have no way of knowing the risk of infection continues, and are therefore unlikely to take steps to protect themselves and others. Updated case, hospitalisation, death and vaccination numbers should be communicated regularly, as <a href="https://theconversation.com/covid-is-surging-in-australia-and-only-1-in-5-older-adults-are-up-to-date-with-their-boosters-220839">used to be the case</a>. To combat confusion, complacency and misinformation, all health advice should be based on the latest robust science. Australians are operating in a vacuum of information from trusted sources. They need much better and more frequent public health campaigns and risk communication from their leaders.<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/220336/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/deborah-lupton-9359">Deborah Lupton</a>, SHARP Professor, Vitalities Lab, Centre for Social Research in Health and Social Policy Centre, and the ARC Centre of Excellence for Automated Decision-Making and Society, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a> Image credits: Getty Images 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/its-4-years-since-the-first-covid-case-in-australia-heres-how-our-pandemic-experiences-have-changed-over-time-220336">original article</a>.

Caring

"Very poor journalism": Lisa Wilkinson called out in defamation case

Lisa Wilkinson has been forced to defend the journalistic decisions of The Project, as she took to the stand as part of Bruce Lehrmann's defamation case against Wilkinson and Channel Ten. During court proceedings on Friday, Wilkinson admitted that during her bombshell report on Brittany Higgins' rape allegations, the program left out key information. The Project allegedly edited out important details about what happened in Parliament House the morning after Brittany Higgins was allegedly raped. <div data-body-element-id="zjCMXjhzxa"> In an uncut version of the episode which aired in February 2021, Wilkinson asked Ms Higgins if any security guards had asked if she was "okay" after the alleged incident. </div> <div data-body-element-id="R0B2D1Ni6K"> Ms Higgins replied, "No, no. I mean, besides one who called into the office in the morning, and said ‘Is everyone okay?’ and that was it." </div> <div data-body-element-id="2D5V5jCZaQ"> In the final cut, the words "...besides the one who called into the office in the morning" were not included. </div> <div data-body-element-id="9FH5ZgE5Ew"> Bruce Lehrmann's barrister Matthew Richardson SC quizzed Wilkinson about the edit, saying, "That's very poor journalism, isn't it?" </div> <div data-body-element-id="q0X6OvsQtG"> Wilkinson replied, "I'm disappointed to see that. It is a detail which escaped my attention." Elsewhere during the court proceedings, Wilkinson bit back at Lehrmann's lawyer for challenging her journalistic abilities. On Thursday, Wilkinson was asked why she didn't ask to see the metadata on a photo of a bruise on Brittany Higgins' thigh, which she claimed was from the alleged rape. Wilkinson told the Federal Court that she was not "tech-savvy" and did not know what metadata was, saying, "I didn't know photos had metadata." <div data-body-element-id="A9GzCf-Iqm"> Lehrmann's lawyer Mr Richardson was quick to ask in response: "You describe yourself as a serious investigative journalist?" </div> <div data-body-element-id="3eDMnH9cY0"> She bit back, stating she only refers to herself as a "journalist". </div> <div data-body-element-id="tMBlnKPjTn"> Mr Richardson said, "You were emphatic yesterday when you said you were not a tabloid journalist.' </div> <div data-body-element-id="9WzAcuceor"> She repeated: "I describe myself as a journalist, Mr Richardson." </div> <div data-body-element-id="bUfGxqx44_"> He said given she had been a journalist for 40 years, "it was most improbable that you did not know what metadata was." </div> <div data-body-element-id="QIHT-BVE1b"> She replied, "I disagree." Image credits: Getty Images </div> </div>

Legal

Twist for cop accused of killing Clare Nowland

Senior Constable Kristian James Samuel White, 33, who was accused of killing 95-year-old Clare Nowland <a href="https://www.oversixty.com.au/health/caring/family-horrified-by-police-statement-on-tasering-of-clare-nowland" target="_blank" rel="noopener">with a taser</a> at an aged care home in Cooma, regional NSW has been deemed a “flight risk”. White was charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault over the alleged “excessive use of force”. It is alleged that Nowland was using a walker and holding a serrated steak knife at the time of the incident, when the 33-year-old said “stop, just … nah bugger it” before allegedly tasering her. The great-grandmother fell backwards and fractured her skull, causing an inoperable brain injury that unfortunately led to her death just days later. Just last week, White's charges were upgraded to include an additional charge of manslaughter on advice from the Director of Public Prosecutions. White appeared in court on Wednesday, for the first time since his charges were upgraded, and received two new bail conditions. The Constable was required to surrender his passport and not leave the country due to the upgraded charges. However, prior to his bail conditions being approved, Magistrate Roger Clisdell criticised both Crown prosecutor Victoria Garrity, and White's defence lawyer Warwick Anderson for negotiating the new terms of bail without his input. “I make the decision,” he said. “I would have thought my last explosion would have caused you to be more sensitive to my position.” This comes after the prosecutors failed to tell the Magistrate that they had agreed to allow White to appear in court via video link in May, without the court's consent. The Crown prosecutor defended her actions by saying that she asked him to surrender his passport to mitigate the risk of flight. “With the more serious charge now being faced, there is a heightened risk that he would leave the jurisdiction and not face court,” she explained. “Those two new conditions are now appropriate.” While the police officer's defence lawyer added that “He has no intention of fleeing the jurisdiction," and agreed to the additional bail conditions “to facilitate the speedy resolution”. White will return to court in February next year. Nowland's family members released a statement via their lawyer after the proceedings on Wednesday. “The family does not wish to comment further on the criminal process at this time given the extremely serious nature of the charge against Mr White, who continues to be a sworn NSW police officer,” the statement read. NSW Police confirmed that White remained suspended from duty with pay. Images: ABC News South East NSW: Floss Adams/ News.com.au

Legal

"Shame on you!" Robert De Niro's courtroom outburst

Robert De Niro has lost his temper in court, as his former assistant accused him of being abusive. The Oscar-winning actor is being sued by Graham Chase Robinson, who worked as his assistant from 2008 until several months into 2019, for millions of dollars after claiming he was abusive when they worked together. Robinson, 41, seeks $US12 million (approximately AUD$18 million) in damages for emotional distress and harm to her reputation, that she claims has left her jobless and unable to recover from the trauma of working for De Niro. The jury is also considering evidence pertaining to a lawsuit De Niro filed against Robinson in which he claimed that she stole things from him, including five million points that could be used for airline flights. De Niro is countersuing his former employee, seeking the return of three years of Robinson's salary. Robinson's attorney Andrew Macurdy interrogated the actor over some of his questionable behaviour, including allegations that he spoke to Robinson while he was urinating, and claims that he called her a "b***h" to her face. De Niro admitted that while he "got angry" at his former assistant, he was "never abusive". Growing frustrated with the line of questioning, he exclaimed, "You got us all here for this?" Eventually, he angrily looked toward Robinson and shouted, "Shame on you, Chase Robinson!" De Niro was also asked by Macurdy if he he sued Robinson before she sued him because he wanted publicity. "It draws attention to me. It's the last thing I wanted to do," De Niro said. Image credits: Getty Images

Legal

Jubilant scenes as High Court hands down judgment against Qantas

In a landmark decision that saw former employees pumping their fists in celebration inside the courtroom, Qantas has issued a formal apology to its workforce after the High Court declared its actions unlawful when it terminated the employment of over 1,700 ground crew members during the COVID-19 pandemic. The court upheld two prior rulings from the Federal Court that deemed the airline's outsourcing of baggage handlers, cleaners and ground staff to be in violation of the law. The judgment delivered by Justices Susan Kiefel, Stephen Gageler, Jacqueline Gleeson, and Jayne Jagot underscores that taking "adverse action against another person for a substantial and operative reason of preventing the exercise of a workplace right by the other person contravenes (part of section 340 of the Fair Work Act) ... regardless of whether that other person has the relevant workplace right at the time the adverse action is taken." In essence, Qantas could not evade the law by taking such actions before the employees possessed the specific workplace rights the airline sought to obstruct. Australian Council of Trade Unions secretary Sally McManus, who was there for the judgment's announcement, posted a celebratory photo on social media, declaring, "The workers win against Qantas in the High Court. We will always have the backs of workers, well done ⁦@TWUAus" <blockquote class="twitter-tweet"> The workers win against Qantas in the High Court. We will always have the backs of workers, well done ⁦<a href="https://twitter.com/TWUAus?ref_src=twsrc%5Etfw">@TWUAus</a>⁩ <a href="https://t.co/wvZr7ouULX">pic.twitter.com/wvZr7ouULX</a> — Sally McManus (@sallymcmanus) <a href="https://twitter.com/sallymcmanus/status/1701749294947291564?ref_src=twsrc%5Etfw">September 13, 2023</a></blockquote> This legal battle began when the Transport Workers' Union brought a case against Qantas in the Federal Court, asserting that the airline had violated the Fair Work Act by outsourcing its ground operations to circumvent enterprise bargaining rights. Qantas, which had laid off workers in 2020, suffered significant financial losses due to the pandemic's severe impact on the aviation sector. In its response to the High Court's decision, Qantas clarified that it made the decision to outsource its remaining ground handling function in August 2020, at a time when borders were closed, lockdowns were widespread, and COVID-19 vaccines were not yet available. The airline stated, "The likelihood of a years-long crisis led Qantas to restructure its business to improve its ability to survive and ultimately recover." Qantas then expressed deep regret for the adverse personal impact this decision had on the affected employees and offered an apology: "As we have said from the beginning, we deeply regret the personal impact the outsourcing decision had on all those affected and we sincerely apologise for that. "A prior decision by the Federal Court has ruled out reinstatement of workers but it will now consider penalties for the breach and compensation for relevant employees, which will factor in redundancy payments already made by Qantas." The airline outsourced the positions of baggage handlers and cleaners at ten airports in response to a drastic decline in business, citing sound commercial reasons as the motivation, as its operations had plummeted by over 90 percent. However, the Transport Workers' Union argued that Qantas had also sought to preempt industrial action once business returned to normal, contending that the dismissals were in violation of the Fair Work Act, which prohibited actions impeding workers' rights. After losing twice in the Federal Court, Qantas escalated the case to the High Court, which was tasked with determining whether the workers possessed the rights claimed by the union at the time of the outsourcing decision. The unanimous decision of the High Court now paves the way for the workers to pursue compensation. Images: Twitter (X)

Legal

Our Partners

Over 60

News

Shop

Catalogues

Newspaper

Contests

Entertainment

Travel

Health

Lifestyle

Finance

Property

Compare

Games

Information

Keep up to date

Search

Bombshell allegations in murder case of young school girl

Brutal cost of Bruce Lehrmann’s failed defamation case

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

Huge reward to help solve cold case of missing mum

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

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

Astonishing drug and prostitute claims surface as Lehrmann case reopened

Major development in Madeleine McCann case

New details emerge in Sam Kerr incident

Former world champion cyclist to face court over Olympian wife's death

"Who cares?": Kyle Sandilands backs Sam Kerr

Experts shed new light on Samantha Murphy case

"I was shocked": Lisa Wilkinson's text messages shown in court

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

Jumping castle operator in court over Hillcrest tragedy

It’s 4 years since the first COVID case in Australia. Here’s how our pandemic experiences have changed over time

"Very poor journalism": Lisa Wilkinson called out in defamation case

Twist for cop accused of killing Clare Nowland

"Shame on you!" Robert De Niro's courtroom outburst

Jubilant scenes as High Court hands down judgment against Qantas

Our Partners

News

Shop

Catalogues

Newspaper

Contests

Entertainment

Travel

Health

Lifestyle

Finance

Property

Compare

Games

Information

Keep up to date

Search

Bombshell allegations in murder case of young school girl

Brutal cost of Bruce Lehrmann’s failed defamation case

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

Huge reward to help solve cold case of missing mum

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

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

Astonishing drug and prostitute claims surface as Lehrmann case reopened

Major development in Madeleine McCann case

New details emerge in Sam Kerr incident

Former world champion cyclist to face court over Olympian wife's death

"Who cares?": Kyle Sandilands backs Sam Kerr

Experts shed new light on Samantha Murphy case

"I was shocked": Lisa Wilkinson's text messages shown in court

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

Jumping castle operator in court over Hillcrest tragedy

It’s 4 years since the first COVID case in Australia. Here’s how our pandemic experiences have changed over time

"Very poor journalism": Lisa Wilkinson called out in defamation case

Twist for cop accused of killing Clare Nowland

"Shame on you!" Robert De Niro's courtroom outburst

Jubilant scenes as High Court hands down judgment against Qantas

Our Partners

Join Over60