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Court views footage of final moments before Clare Nowland was tasered

<p>A registered nurse with nearly 50 years of experience has expressed her deep concern regarding the tasering of 95-year-old Clare Nowland, a resident at Yallambee Lodge nursing home in Cooma, New South Wales.</p> <p>The incident occurred in the early hours of May 17, 2023, and <a href="https://www.oversixty.com.au/news/news/clare-nowland-dies-officer-charged" target="_blank" rel="noopener">resulted in Nowland's death</a>, a great-grandmother suffering from dementia.</p> <p>Senior Constable Kristian James Samuel White, 34, is currently on trial in the NSW Supreme Court facing manslaughter charges related to the incident. He has pleaded not guilty, asserting that he acted lawfully under his duties as a police officer.</p> <p>During her testimony, Nurse Rosaline Baker recounted her alarm when she called triple-0 after Nowland had grabbed two steak knives and a jug of prunes from the kitchen. Following her call for help, White and Acting Sergeant Rachel Pank arrived on the scene after two paramedics. Together with Baker, they located Nowland in a treatment room. When White pulled out his taser, Baker admitted she was unfamiliar with the device and felt "kind of curious". However, her curiosity turned to horror when she heard a loud noise and witnessed Nowland being struck by the stun gun. "I was very, very concerned when she was falling to the ground," Baker stated in court.</p> <p>The trial has revealed troubling details about Nowland's condition and behaviour leading up to that fateful night. Expert testimony indicated that her behaviour had escalated over the three months prior to her death. She exhibited increasingly anti-social behaviour, such as taking food from other residents, attempting to undress in public areas, and refusing assistance from staff. CCTV footage presented during the trial showed Nowland physically lashing out at staff members and even getting stuck in a tree, as well as footage showing the final moments of Nowland's life as she hid from emergency service staff – including Senior Constable White.</p> <p>Nowland had been admitted to the hospital on April 16 and prescribed the anti-psychotic drug Risperdal to manage her aggressive behaviour after incidents involving punching and biting staff. Under questioning by defence barrister Troy Edwards SC, an expert acknowledged that Nowland's behaviour just before she was tasered could have been influenced by a recent reduction in her medication dosage.</p> <p>The trial continues.</p> <p><em>Images: 7 News</em></p>

Caring

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"Unfair": Pauline Hanson's tearful pledge after court ruling

<p>Pauline Hanson has made an emotional pledge after the court <a href="https://oversixty.com.au/finance/legal/judge-rules-against-pauline-hanson" target="_blank" rel="noopener">ruled</a> she made racist remarks towards a fellow senator. </p> <p>Justice Angus Stewart found that the One Nation leader engaged in "seriously offensive" and intimidating behaviour when told Greens senator Mehreen Faruqi to "piss off back to Pakistan" in a tweet, with the judge saying the message constitutes "strong racism". </p> <p>After the ruling, Hanson spoke to <em>Sky News</em> in a teary interview in which she called the Federal Court ruling “unfair and unjust”, lamenting that Australia was “not the country I grew up in”.</p> <div> </div> <p>“I just feel that the country’s changed so much in such a way that people can’t say what they think anymore. The thought police is out there, everyone’s shut down for having an opinion,” she said between sobs.</p> <p>“It’s not the country I grew up in."</p> <p>“People may criticise my comment, but I’ve never changed since the first day of politics nearly 30 years ago."</p> <p>“But I think the decision made I think was unfair, unjust and a bit hard, but I’m not going to give up, I’m going to appeal against it, I’m going to fight this.”</p> <p>Handing down his the decision on Friday, Justice Angus Stewart labelled the post as “an angry ad hominem attack”.</p> <p>He ruled the post was “reasonably likely in all the circumstances” to “offend, insult, humiliate and intimidate the applicant and groups of people, namely people of colour who are migrants to Australia or are Australians of relatively recent migrant heritage and Muslims who are people of colour in Australia”.</p> <p>Justice Stewart found that Senator Hanson’s post was motivated by “the race, colour or national or ethnic origin” of Senator Faruqi, and her response was not made in good faith as a fair comment on a matter of public interest.</p> <p>“Senator Hanson’s tweet was merely an angry ad hominem attack devoid of discernible content (or comment) in response to what Senator Faruqi had said,” Justice Stewart said. </p> <p><em>Image credits: Sky News</em></p>

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"Stern warning": William Tyrrell's foster mother abused outside court

<p>William Tyrrell's foster mother has been targeted in wild scenes outside court as she left the inquest into the child's disappearance, as another woman was seen "hurling abuse at her".</p> <p>When leaving court on Monday afternoon, the woman, who is unable to be named, was abused and heckled by an unknown female, as Counsel Assisting Gerard Craddock SC informed NSW Deputy State Coroner Harriet Grahame.</p> <p>"There is no place in civil society for that at all," he told the inquiry. "It is particularly terrible in these circumstances."</p> <p>He asked the coroner to "remind people in attendance that orderly conduct is required. That sort of conduct could amount to being punishable by contempt of court".</p> <p>Coroner Grahame said, "That is very disappointing. If that person is in this court now they should be warned (the court) can take action."</p> <p>"That sort of behaviour must not occur. I'm just disturbed by that sort of behaviour. I use a stern warning. Please behave."</p> <p>The incident was revealed at the beginning of the second day of the resumed inquest into the disappearance of the three-year-old boy 10 years ago.</p> <p>The inquest is probing the <a href="https://oversixty.com.au/finance/legal/new-corpse-disposal-theory-tested-in-william-tyrrell-inquest" target="_blank" rel="noopener">police theory</a> that William Tyrell's foster mother buried his body in bushland after he fell from a balcony and died on the morning he vanished from Kendall, on the NSW mid north coast, in September 2014.</p> <p><em>Image credits: NSW Police</em></p>

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Teen found not guilty of murdering Brisbane mum

<p>A teenager has been found not guilty of murdering Brisbane mother Emma Lovell, with her heart-broken widow shedding tears at the verdict. </p> <p>The now 18-year-old faced trial on the allegation that he had seen a knife in his co-offender's hand and knew he was armed when the pair broke into the Lovell home on Boxing Day in 2022.</p> <p>The main offender fatally stabbed Emma and hurt her husband Lee in the struggle that followed.</p> <p>With the case largely dependant on crucial split-second CCTV, Justice Michael Copley ruled he could not "be satisfied beyond reasonable doubt that the accused knew the other teen was in possession of the knife".</p> <p>The teenager was found not guilty of Ms Lovell's murder or manslaughter and also acquitted of unlawful wounding, but was found guilty of burglary and assault in company.</p> <p>Outside the court, Lee Lovell became emotional as he told reporters, "I'm not feeling too great at the moment - the verdict was a joke. I don't feel justified for Emma one bit."</p> <p>"You try and do the best you can for her and I don't feel I've been able to do that."</p> <p>Mr Lovell said legislation needed to be changed in order for victims and their families to have justice. </p> <p>"You are a part of killing someone and you get a burglary charge. What does that say for anyone going forward," he said.</p> <p>"We are the ones with a life sentence now."</p> <p><em>Image credits: Facebook</em></p>

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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>

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Baby John Burgess makes triumphant return

<p>John Burgess is getting back behind the mic, following his health scare that almost cost him his life. </p> <p>Burgess, known affectionately as Burgo, has a career spanning almost six decades, getting his first big break on radio. </p> <p>Now the 81-year-old is returning to world of media, coming full circle with his first venture into talkback radio on<em> 6PR Perth's</em> afternoon slot. </p> <p>"I'm excited, there's no question about that," Burgess told <em>A Current Affair</em>.</p> <p>"At this stage of my life to be starting something sort of new in this business is quite unique, I'm not the youngest person around.</p> <p>"I've interviewed a lot of people over the years, but to actually choose a subject and get them to talk about it ... it's going to be challenging."</p> <p>In a post shared on X, the broadcasting legend announced his media return with the caption: "I'm returning to Perth radio Sundays from 12 to 4pm on 6PR,my first venture into talk back radio in the 59 years I've been in this business & I'm absolutely packing it.</p> <p>"I'll cover current topics,play some hits,give away some goodies & have a bit of Burgo fun.</p> <p>"Love you to join me!"</p> <p>He also opened up about his health scare, when he was rushed to Royal Perth Hospital with sepsis.</p> <p>"I was in ICU for five days, they pumped me full of antibiotics, I had tubes and things all over me," Burgess told <em>A Current Affair</em>. </p> <p>"It hasn't all been a bowl of cherries, I can assure you."</p> <p><em>Images: A Current Affair</em></p>

TV

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Police commissioner faces his son's killer in court

<p>The South Australian police commissioner has faced the young man accused of killing his son in a hit and run in an Adelaide court, sharing an emotional statement about his family's grief. </p> <p>Randhawa, 19, was behind the wheel when he struck Charlie Stevens, 18, who was out celebrating schoolies with his friends. </p> <p>Randhawa has pleaded guilty to aggravated driving without due care and leaving an accident scene after causing death, as Charlie died from his irreversible brain injuries following the crash. </p> <p>“Not a single day goes by when we don’t talk about Charlie, when we don’t talk about him together, there is not a day when we don’t shed a tear thinking about our son and how much we miss him,” Commissioner Grant Stevens said. </p> <p>“Charlie would have been 19 on the 28th of April this year, but instead of celebrating it, it took all our efforts just to get through the day. And we know that that grief is with us for the rest of our lives.”</p> <p>Mr Stevens then addressed Randhawa directly as he said, “We acknowledge you have taken responsibility for what you have done and we are sure this has been difficult for you.”</p> <p>“But you get to move on and the people close to you still have you in their lives. We don’t have Charlie and we want you to remember that.”</p> <p>Charlie’s sister Sophie Tregloan also addressed Randhawa, saying, “Do I hate you? Yes, I absolutely do – but what I hate most is what you’ve taken from myself and my family.”</p> <p>“You have taken so much from us in a split second dumb decision. It’s Charlie’s heart I will miss the most. He was kind, inclusive of all, a pillar of strength.”</p> <p>Randhawa then delivered an emotional apology to the Stevens’ family, saying, “You’re always on my mind and so is Charlie and you will be forever.”</p> <p>“There’s so much I’d like to say but mostly I want to say I’m sorry, and I’m sorry Charlie.”</p> <p>Judge Joanne Tracey is still considering an appropriate sentence for Randhawa, who is out on bail.</p> <p><em>Image credits: SA Police / Facebook</em></p>

Family & Pets

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Supreme Court Justice killed just three weeks after retiring

<p>Former South Australian Supreme Court Justice Malcolm Blue has tragically died, just three weeks after retiring. </p> <p>The 70-year-old had been looking forward to spending quality time with his friends and family after retiring, when he was involved in a tractor accident at a vineyard in Willunga South on Saturday morning.</p> <p>South Australian Police were called to the scene after the accident, where police said he died at the scene from his injuries. </p> <p>After his 13-year role as a Supreme Court judge where he earned the respect of politicians and legal professionals, Blue retired in August, as his family said he had been looking forward to spending more time with his family during his retirement.</p> <p>“We are devastated by Malcolm’s loss. He was a much-loved and loving father, partner and brother, and cherished his family,” his family said in a statement <a href="https://www.adelaidenow.com.au/news/south-australia/justice-malcolm-blue-remembered-as-a-great-south-australian-after-death-in-farming-tragedy/news-story/49330193603000f8a0cbf7933b5b7eea?amp" target="_blank" rel="noopener" data-link-type="article-inline">to <em>News Corp</em>.</a></p> <p>“Malcolm was always kind, funny, smart and wonderfully supportive for family, friends and legal colleagues. He was both gentle and brilliant and will be missed terribly."</p> <p>“Having achieved so much during a long and distinguished legal career, Malcolm was looking forward to spending more time with his family on the property."</p> <p>“Malcolm will be deeply missed by his partner Angela, daughters Charlotte, Victoria and Alex, three sisters, along with his extended family, many friends, and colleagues in the legal fraternity.”</p> <p>SA Premier Peter Malinauskas praised Blue’s service to the state at a press conference on Sunday.</p> <p>“Mr Blue was a great South Australian who served his community exceptionally well over a very long period of time,” Malinauskas said.</p> <p>“I’m sure that South Australia will appropriately honour him as someone who’s made a major contribution.”</p> <p>Chief Justice of South Australia Chris Kourakis said Blue’s death was felt across Australia’s judiciary and legal profession, saying, “Justice Blue was a pre-eminent intellect and jurist who selflessly devoted his energy to the work of the court and making justice more accessible to the people of South Australia.”</p> <p><em>Image credits: 7News</em></p>

Caring

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Parents of Aussies killed in Mexico share heartwarming update

<p>The grieving parents of the two Aussie brothers who were killed in Mexico while on a surfing trip have shared a heartwarming update more than four months after their deaths. </p> <p>Jake and Callum Robinson were tragically killed in the province of Baja California in Mexico on April 27th, as their bodies were discovered at the bottom of a 15-metre-deep well during a large scale police operation. </p> <p>Following their deaths, more than $520,000 was raised by the community to help the boy's parents, Martin and Debra, who have revealed the money has helped create a foundation to continue their sons' legacy through philanthropic activities.</p> <p>The heartwarming update was shared by Perth not-for-profit group Indian Ocean Paddlers on the family's behalf on Monday. </p> <p>The group was among thousands of donors, who rallied behind the family to assist with costly expenses, including repatriation and funeral costs.</p> <p>The Robinsons are "forever grateful" for the support received, writing, "We have been overwhelmed by the love we have received in Australia."</p> <p>"To drive this initiative, we have created a foundation as a tribute to Callum and Jake and will be guided by people well versed in caring for others."</p> <p>"Although it’s early days, we hope to have a webpage available soon which will provide information on how your precious donation money will be spent. Your support is more than just a financial gift; it’s testament to the power of community and the belief that together, we can create lasting change."</p> <p>"You have played a crucial role in making our vision a reality, and for that, we will be forever grateful."</p> <p>The Robinsons also opened up on how they're coping four months on from losing their sons, saying, "Not a day goes by when we don’t think about our beautiful sons, the connections they had with people like you and the lives they could have had."</p> <p><em>Image credits: Instagram </em></p>

Family & Pets

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38-year-old message in a bottle washes up on beach

<p>A message in a bottle written almost 40 years ago has been discovered by a four-year-old at a beach in Perth. </p> <p>Meg Prideaux took her son Leo, 4, “looking for treasure” at the beach in their hometown of Lancelin, when he spotted the bottle with a rolled-up note inside.</p> <p>“We brought it home and we waited for my daughter and my husband to come home, but we couldn’t get it open,” she said.</p> <p>“There was a bit of corrosion and a few barnacles had started to grow, so it had been there for a while.”</p> <p>After a bit of trouble, they got the bottle open and unfurled the soggy, but still legible, letter and found it dated from 1985. </p> <p>The message had been written 39 years ago by then-teenagers Joanne Hunter and Louise Pocock, who were 15 when they wrote the note while on holiday. </p> <p>Their note came with a simple request — that anyone who finds the bottle send a return letter to the girls in suburban Perth.</p> <p>With the help of <a href="https://7news.com.au/news/message-in-a-bottle-thrown-into-sea-in-1985-washes-up-on-wa-beach-c-15876207" target="_blank" rel="noopener"><em>7News</em></a>, Meg and Leo Prideaux were able to track down Joanne Hunter, who is now Joanne Evans and aged 54.</p> <p>“I was like, ‘Oh my god. Is that really that?’ I haven’t thought about that in forever,” Evans said.</p> <p>“We wrote it at night and sealed it with wax and then we actually swam it out into the water because, at first, we threw it from the beach and it kept washing back in, so we swam out the next morning."</p> <p>“My family had a beach house directly across the road and Louise came with my family for the school holidays. She was always full of excitement and had such a great imagination, it was her idea to do it.”</p> <p>Pocock died of leukaemia six years ago but her sister, Sarah Martin, said she would have enjoyed “such a kick” knowing the message had been found.</p> <p>“Oh, she’d be so happy, she really would — especially that a little boy found it as well after 39 years just sitting in the sand,” Martin said.</p> <p>“She was a really great, fun, happy-go-lucky sort of person and really did well in her life, very artistic and creative, and she met a wonderful man and married him and had a beautiful little girl.</p> <p>“As time goes on, you feel like they’re slipping further away from you and then this message is such a wonderful thing that just came out of the blue.”</p> <p>The Prideaux family now plan to meet Evans to return the bottle and the message to its original author some time in the near future.</p> <p><em>Image credits: 7News / Prideaux family</em></p>

Family & Pets

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Samantha Murphy's accused murderer faces court

<p>The man accused of murdering Samantha Murphy has faced court to an "unprecedented" amount of evidence.</p> <p>Patrick Orren Stephenson, 22, has been charged with the murder of mother-of-three Murphy, 51, at Mount Clear, after she went missing on February 4th.</p> <p>Stephenson was arrested in March, as the police investigation into the location of Murphy's body continued to no avail. </p> <p>Appearing before the Ballarat Magistrates’ Court via video link from prison, Stephenson was told he will wait behind bars for another three months before his case returns due to the "unprecedented" brief of evidence against him.</p> <p>Prosecutors asked the court to adjourn the committal mention for 12 weeks in order to allow them to go through a brief of evidence which contains "extensive" CCTV footage.</p> <div>"We appreciate that is a significant period of time," prosecutor Daniel White told the court. "The brief is extensive and involves an extensive amount of CCTV footage."</p> <p>Stephenson's barrister Moya O'Brien agreed to the three-month delay as she said the evidence brief had only recently been served on defence and was "described as unprecedented in terms of size".</p> <p>Magistrate Mark Stratmann said three months was "a long time" for Stephenson and the community to wait, although agreed to allow the adjournment.</p> <p>Stephenson was remanded back into custody until the case returns to the Ballarat court on November 14.</p> <p>Stephenson's court appearance comes just days after Samantha Murphy’s loved ones marked six months since she vanished.</p> <p><em>Image credits: Nine / Facebook </em></p> </div>

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"Heartbreaking": Teen dies after collapsing on badminton court

<p>Rising badminton star Zhang Zhijie has died after he collapsed in the middle of a match at the Badminton Asia Junior Championships in Yogyakarta, Indonesia on Monday.</p> <p>In an interview with the BBC,  Indonesia’s badminton association PBSI said that the  17-year-old athlete suffered a sudden cardiac arrest. </p> <p>The Chinese athlete was facing Japan’s Kazuma Kawano when he fell to the floor and appeared to convulse. </p> <p>He was stretchered off the floor and taken to a nearby hospital, where he was pronounced dead after they failed to resuscitate him. </p> <p>Viral footage of the tragic incident has sparked fury on Chinese social media platform Weibo, after it showed that it took first medical responders more than 35 seconds to finally arrive and check his condition. </p> <p>According to a PBSI spokesman, medical teams were only following the rule where they needed to get the referee's permission before entering the court. </p> <p>“That is in accordance with the regulations and standards of procedure that applies to every international badminton tournament,” the spokesman said.</p> <p>The Badminton World Federation said it will investigate if the correct protocols were taken during the tragic incident.</p> <p>“Zhang’s death at the Badminton Asia Junior Championships in Yogyakarta, Indonesia is a tragic occurrence, and we are taking all necessary steps to thoroughly review this matter in consultation with Badminton Asia and Badminton Association of Indonesia,” they told <em>TMZ</em>. </p> <p>It is also reported that the medical responders did not have an AED machine to react to the cardiac arrest. </p> <p>Zhijie's death has been a trending topic on Weibo for days, with many outraged over the medical response. </p> <p>One person wrote: “Which is more important - the rules or someone’s life?” </p> <p>Another added: “Did they miss the ‘golden period’ to rescue him?”</p> <p>The badminton community have since paid tribute to the athlete, and they observed a moment of silence in memory of him at the championship on Tuesday. </p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">One minute of silence as we pay our respects to the late Zhang Zhi Jie.</p> <p>Rest in peace. <a href="https://t.co/DhP4actMDJ">pic.twitter.com/DhP4actMDJ</a></p> <p>— BAM (@BA_Malaysia) <a href="https://twitter.com/BA_Malaysia/status/1807601602460819621?ref_src=twsrc%5Etfw">July 1, 2024</a></p></blockquote> <p>The Badminton Association of Malaysia also held a moment of silence at tournament on Sunday, as seen in a video posted on X.</p> <p>“One minute of silence as we pay our respects to the late Zhang Zhijie. Rest in peace," they wrote. </p> <p>China’s badminton association also said that they were “deeply saddened” by the loss. </p> <p>“Zhang Zhijie loved badminton and was an outstanding athlete of the national youth badminton team,” they said in a statement. </p> <p>His parents have since travelled to Yogyakarta to retrieve his body. </p> <p><em>Images: Twitter/ Wide Awake Media</em></p>

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Fourth person arrested over alleged murders of Perth brothers

<p>A fourth person has been arrested over the alleged murders of Perth brothers Jake and Callum Robinson, who went missing in Mexico earlier this year. </p> <p>The brothers were on a surf trip and were camping in the Baja California region of Mexico, near Ensenada, along with their American friend Jack Rhoad, when they disappeared on April 27. </p> <p>They were found weeks later near their remote campsite and three people were arrested soon after, with one of the suspects carrying a mobile phone belonging to one of the victims.  </p> <p>It is believed that the brothers were  shot dead in a "robbery gone wrong".</p> <p>Now, another man has been arrested in connection to their alleged murders, just one month after the brothers' bodies were found 10 metres down a well. </p> <p>According to 9News, authorities have not yet provided any further details or the identity of the man. </p> <p>The Robinson brothers were <a href="https://www.oversixty.com.au/health/caring/love-harder-perth-brothers-farewelled-at-emotional-memorial-service" target="_blank" rel="noopener">laid to rest</a> earlier this month, with hundreds grieving friends and family watching the memorial service at Perth's Sacred Heart College, where the brothers attended high school. </p> <p>Debra Robinson paid tribute to her sons, along with her husband Martin during the service. </p> <p>“We loved that Jake was curious, kind and happy and never judgmental,” Mrs Robinson said at the time. </p> <p>“Callum always made a conscious decision to wake up and be positive every day. He saw so much fun in life. We miss you beyond description, Callum and Jakey boy, please shine on us.”</p> <p><em>Image: Instagram</em></p>

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"Love harder": Perth brothers farewelled at emotional memorial service

<p>Six weeks after they were <a href="https://www.oversixty.com.au/health/caring/tragic-new-details-emerge-over-aussie-brothers-missing-in-mexico" target="_blank" rel="noopener">shot dead</a> while on a surfing trip to Mexico, Perth brothers Jake and Callum Robinson have been farewelled in a heart-wrenching private memorial on Saturday. </p> <p>The memorial took place in Perth’s Sacred Heart College, where the brothers attended high school, and hundreds gathered at the college to remember the brothers. </p> <p>It was also live-streamed for those who could not fit into the theatre at the college, with Callum's friends also watching on from America, where he spent the last 14 years of his life. </p> <p>In an emotional tribute, their parents, Debra and Martin Robinson,  thanked loved ones abroad and in Australia for their endless support, and talked about how special their sons were. </p> <p>"We're not here to dwell on the where or the how or try to understand the why of their passing but instead to say goodbye to two young men and hopefully start the healing process for everyone," Mr Robinson said. </p> <p>“It’s hard to describe the feeling of when your adult children come and visit you, until it’s gone,” Mrs Robinson added.</p> <p>“They loved life and they followed their dreams.</p> <p>“They were intelligent, respectful men with so much more to offer the world.”</p> <p>The cover of a memorial brochure had the phrase: “LIVE BIGGER, SHINE BRIGHTER, LOVE HARDER”. </p> <p>With shaky voices, the grieving parents described how their two sons exuded “pure love”. </p> <p>"We loved that Jake was curious, kind and happy and never judgemental. Callum always made a conscious decision to wake up and be positive every day. He saw so much fun in life," Mrs Robinson said. </p> <p>"We look around the room today at everyone and it gives us strength, so thank you.</p> <p>"We have cried many tears and we will cry many more … We miss you beyond description, Callum and Jakie boy, please shine on us."</p> <p>Childhood friends Adam Moore and Simon Moore also shared anecdotes about their friendships with the brothers. </p> <p>Adam recalled how the two brothers always excelled "at any sport imaginable" and always had so much energy, and Simon spoke of their surfing adventures through the years. </p> <p>The brothers and their American friend Jack Carter Rhoad were last seen alive on April 27. They were allegedly robbed for their car tyres and murdered while they were camping in the Baja California coastline. </p> <p>Three people have been <a href="https://www.oversixty.com.au/health/caring/arrests-made-over-aussie-surfers-missing-in-mexico" target="_blank" rel="noopener">arrested</a> over their suspected involvement in the robbery. </p> <p><em>Image: 7News</em></p>

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Tiny reason for huge commitment: Grandad to run from Perth to Sydney

<p>John Harb admits he’s never been much of a runner. But that’s about to change, when the 62-year-old grandad and yoga enthusiast runs from Perth to Sydney for his granddaughter Luna.</p> <p>Little Luna came into the world three months early at Sydney's Royal Hospital for Women, in February, and at just 500 grams, she was the same weight as a tub of butter. </p> <p>The experience left John in awe, not only of his baby granddaughter, but of the magic that happens in the neonatal intensive care unit (NICU) at the hospital.</p> <p>“To watch Luna over the past three months, and witness her strength and her fighting spirit has been incredible,” said John. </p> <p>“Seeing my daughter Michelle and her husband Nick, and all the other parents and premature babies in the ward going through such a difficult time but being so well supported by the doctors and nurses made me want to do something to help,” he said.</p> <p>“When I discovered 80 percent of the equipment in the unit, including the equipment that kept Luna alive, was purchased through donations, I wanted to do something big.”</p> <p>Taking inspiration from Nedd Brockman, John has decided to run across the country with the goal of raising one-million-dollars to support the NICU.</p> <p>Currently training by running 15 kilometres a day, John has sourced advice from a range of experts including Brockman himself, who made a special visit to the NICU after hearing of John’s plans.</p> <p>He plans to commence his run at Cottesloe Beach on 1 October and arrive at The Royal Hospital for Women, Randwick in early December.</p> <p>Royal Hospital for Women Foundation General Manager Elise Jennings said John’s commitment will allow the hospital to purchase more lifesaving equipment on their wish list, like a new ultrasound machine for high risk pregnancies. </p> <p>“I have come to know John through the time he spent in the NICU supporting Michelle and Luna and I know how passionate he is about making a difference for those who come after Luna and we are incredibly grateful to John for his commitment. Running from Perth to Sydney is a huge undertaking, especially for a grandfather in his 60s with no previous long distance running experience, but if anyone can do it, he can.”</p> <p> “We are thrilled that John is announcing his run as part of our major annual fundraiser, Heart for Her, in recognition not only of the extraordinary care received by Michelle and Luna, but for all of the babies and families who come through our doors.”</p> <p>“For three decades now, The Royal Hospital for Women Foundation has funded the best medical equipment, innovative research, people and programs but we rely on the generosity of our donors to do this.” </p> <p>Donations can be made <a title="https://www.royalwomen.org.au/fundraisers/johnharb" href="https://www.royalwomen.org.au/fundraisers/johnharb" data-outlook-id="eed61181-8705-430d-a478-3f5f14e8b008">https://www.royalwomen.org.au/fundraisers/johnharb</a></p> <p><em>Image credits: Supplied</em></p>

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Grandmother in critical condition after stabbing

<p>A grandmother is in hospital in a critical condition after she was stabbed multiple times in an alleged DV incident in Perth's east. </p> <p>Police were called to a home on Jessie Road in Gooseberry Hill just after 5pm on Wednesday after neighbours allegedly heard  60-year-old Paulette Mountford's screams. </p> <p><em>Nine News </em>reported that her neighbours found her in the garden and were attempting to apply pressure to her neck and body before paramedics arrived. </p> <p>She was rushed to hospital where she underwent emergency surgery and remains in a serious but stable condition. </p> <p>Christopher John Sullivan, 72, was taken into custody at the property before being charged with one count of attempt to unlawfully kill.</p> <p>Her alleged attacker reportedly barricaded himself inside the home before tactical response officers negotiated for him to leave.</p> <p>Mountford is a church volunteer who has helped support victims of domestic violence. </p> <p>In a statement, her daughters said: "We are devastated and utterly heartbroken that our dear mother has endured such a horrifying ordeal." </p> <p>"All we want is for our mother to overcome her injuries."</p> <p>They also thanked everyone who rushed to her aid and those who are continuing to care for her. </p> <p>“For such a kind-hearted person to suffer so deeply is hard for us to understand," they said.</p> <p>“All that we want at this time is for our mother to overcome her injuries, and we pray and hope that she gets better soon.</p> <p>“She is a strong woman and we know she will be using all her strength to get better.”</p> <p>Sullivan appeared before the Perth Magistrates Court on Wednesday charged with attempted murder. </p> <p>He told the magistrate he intended to plead guilty but no official plea was entered, and the matter was stood down while he was provided legal advice. </p> <p>He did not apply for bail and was remanded in custody. </p> <p><em>Image: Nine</em></p>

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"Repeatedly ignored": Daughter of Perth gunman breaks her silence

<p>The daughter of the Perth man who has been accused of murdering a 59-year-old woman and her 18-year-old daughter has broken her silence. </p> <p>Mark Bombara <a href="https://oversixty.com.au/health/caring/the-most-gorgeous-family-tributes-flow-for-slain-mother-and-daughter" target="_blank" rel="noopener">shot and killed</a> Jennifer Petelczyc and her youngest daughter Gretl at their home in Floreat, Western Australia, on Friday afternoon while searching for his ex-wife before taking his own life.</p> <p>Now, his daughter Ariel has released a powerful statement sharing how she repeatedly warned police of the danger he posed as a licensed firearms holder, admitting that her and her mother had feared for their lives. </p> <p>"We were ignored by five different male officers across three occasions of reporting," Ms Bombara said. "By that point we felt completely helpless and I had to focus on getting mum to safety."</p> <p>"I did everything I could to protect my mother, and when my father couldn't find us he murdered her best friend and her best friend's daughter."</p> <p>Ms Bombara explained that her and her mother fled their family home on March 28th, "in fear of our lives and to remove ourselves from an abusive situation", and over the span of four days, contacted police three times to notify them about her father's gun collection. </p> <p>"I felt there was a real and imminent threat to our lives," she said.</p> <p>"I specifically mentioned that there was a Glock handgun which was unaccounted for," Ms Bombara said.</p> <p>"My understanding is this ultimately would be one of the weapons my father used take the lives of two innocent women."</p> <p>She was adamant that the deaths of Jennifer and Gretl Petelczyc were "an act of domestic violence".</p> <p>"My mother and I made clear that lives were at risk, and we were repeatedly ignored. Repeatedly failed. Those failures have cost the lives of two incredible women."</p> <p>"My father should always be considered accountable for his actions. They were his and his alone, however, there are authorities who should have helped us stop him, and they failed."</p> <p>"I want answers."</p> <p>Following the deaths of Ms Petelczyc and her daughter, WA Police did not classify them as domestic violence-related.</p> <p>A police spokesperson said in a statement, "Police have always accepted that the motivation for these crimes were family and domestic violence (FDV) related, however the crimes committed were murder, and ultimately the contributing factors will be a matter for the coroner to consider." </p> <p><em>Image credits: ABC News / 9News</em></p>

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Charlise Mutten's mother flees court in tears

<p>Charlise Mutten's mother has broken down and fled the courtroom in tears after being accused of murdering her nine-year-old daughter.</p> <p>Kallista Mutten was grilled by her ex-fiancé Justin Stein's lawyer on Tuesday about her excessive methamphetamine use, including while pregnant with his child.</p> <p>The grilling began when Carolyn Davenport SC accused her by saying, "You shot and killed your daughter", to which Ms Mutten replied, "Are you serious?"</p> <p>She then burst into tears, crying out "I didn't even know where she was shot" before Ms Davenport added that Mr Stein "had seen you deliver the second shot".</p> <p>After being excused from the witness box, Ms Mutten ran out of the courtroom in tears, while the jury were temporarily sent out.  </p> <p>The dramatic moment came after Ms Mutten admitted taking methamphetamine even when her daughter came to visit.</p> <p>Ms Mutten was being cross-examined on day 12 of Stein's trial, who has been charged with Charlise's murder in January 2022. </p> <p>The 40-year-old admitted to having psychotic episodes while on using ice and had continued to take the drug despite her Charlise's visit during the summer school holidays in 2022.</p> <p>She denied she and Charlise were not getting along in the days before her death, or that she had been told to leave the Stein's Mount Wilson property, and instead left of her own accord.</p> <p>"I chose to leave because I didn't want to be there any more. Yeah, I was very hormonal, I was pregnant. Yeah, I was using, yeah. My emotions were very strong at the time," she said.</p> <p>Stein, 33, has pleaded not guilty to murdering Charlise, but has admitted to disposing the schoolgirl's body.</p> <p><em>Image credits: Daily Mail / Facebook / Nine News</em></p>

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"Doesn't add up": New theory emerges in Perth brothers' deaths

<p>A private security worker in Mexico has cast doubt on the police narrative on how two brothers from Perth were found dead. </p> <p>According to Mexico police, Callum and Jake Robinson were caught up in a robbery gone wrong while they were on a surfing holiday in Baja California with an American friend. </p> <p>“They approached, with the intention of stealing their vehicle and taking the tyres and other parts to put them on the older-model pick-up they were driving,” Baja California Attorney-General Maria Elena Andrade Ramírez said.</p> <p>“When they (the victims) came up and caught them, surely, they resisted."</p> <p>“And these people, the assailants, took out a gun and first they killed the one who was putting up resistance against the vehicle theft, and then others came along and joined the fight to defend their property and their companion who had been attacked, and they killed them too.”</p> <p>However, those with intimate knowledge of the turbulent area have offered another theory about how the Robinson brothers were killed, suggesting a much more sinister alternative. </p> <p>A source who does private security work in Mexico told the New York Post that the police narrative "doesn't add up", and it is far more likely that the trio were killed by cartel members who were in search of a rival gang. </p> <p>“Basically, the reasoning of them being carjack victims gone wrong makes very little sense,” the source said. </p> <p>The source described the situation as “deeply disturbing”, while also sharing how Baja California is in the midst of a drug war. </p> <p>“These surfers were well travelled and would most likely know better than to try to fend off a truck jacking. My guess is they were mistakenly identified as a rival criminal organisation and murdered."</p> <p>“That being exposed would create an ongoing investigation that no cartel wants to deal with and would create a devastating impact on tourism in the area, which is popular with surfers and visitors from the US," the source explained.</p> <p>Three people have been arrested in connection with the deaths of the three men, although no charges have yet been laid. </p> <p>Travel website SmartTraveller notes Mexico as a dangerous destination, warning tourists of Baja California in particular, as one of multiple areas most affected by drug-related and gang violence.</p> <p>“Mexico has a high risk of violent crime, including murder, armed robbery, sexual assault and kidnapping. Don’t travel at night outside major cities. Drug-related violence is widespread,” Smartraveller warns.</p> <p>“Kidnapping and extortion are serious risks. Don’t draw attention to your money or business affairs. Only use ATMs in public spaces and during the daytime. Stop at all roadblocks, or you risk getting killed.”</p> <p>According to the New York Post, Baja California is one of Mexico’s most violent states because of organised crime gangs, and their relationships with corrupt police officers. </p> <p>Heritage Foundation Latin America expert Andres Martinez-Fernandez said corruption could easily be at play with the Perth brothers and the true nature of their deaths.</p> <p>“The case is highly unusual, as presented by Mexican police, who say the supposed robbery was done by small-time criminals who ended up destroying the vehicle they were allegedly trying to steal,” he told the Post.</p> <p>“Given the deep and widespread corruption in the Mexican police, it hard to dismiss the possibility of a cover-up, potentially to shift blame away from a powerful drug cartel. This would certainly align with the Mexican government’s efforts to downplay the severity of cartel violence in Mexico,” he added.</p> <p>Just days after they went missing, the bodies of Callum and Jake Robinson, along with Jack Carter Rhoad, were found down a well with fatal gunshot wounds to the head.</p> <p><em>Image credits: Instagram / 7News </em></p> <p style="box-sizing: inherit; margin: 0px 0px 24px; padding: 0px; border: 0px; font-stretch: inherit; line-height: inherit; font-family: 'Helvetica Neue', HelveticaNeue, Helvetica, Arial, sans-serif; font-size-adjust: inherit; font-kerning: inherit; font-variant-alternates: inherit; font-variant-ligatures: inherit; font-variant-numeric: inherit; font-variant-east-asian: inherit; font-variant-position: inherit; font-feature-settings: inherit; font-optical-sizing: inherit; font-variation-settings: inherit; font-size: 18px; vertical-align: baseline;"> </p>

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