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Update on Samantha Murphy trial as accused enters plea

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

Legal

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

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

Caring

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Is it possible to have a fair jury trial anymore?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p>The decades-long mystery about what happened to 19-year-old Amber Haigh made it to court in New South Wales earlier this year. Those accused of murdering Haigh were found <a href="https://www.theguardian.com/australia-news/2024/sep/16/amber-haigh-murder-trial-verdict-not-guilty-robert-anne-geeves-ntwnfb">not guilty</a>.</p> <p>Usually we don’t know precisely why someone was found guilty or not. But in this case, the reasons were given.</p> <p>This is because the trial was “<a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/judge_alone_trials.html">judge alone</a>”: a trial without a jury. This means the judge decides on the factual questions as well as the legal ones. And as judges are required to give reasons for their decisions, we learned what was behind the verdict, something usually hidden by the “<a href="http://www.austlii.edu.au/au/journals/SydLRev/2013/32.pdf">black box</a>” of the jury room.</p> <p>Judge alone trials are <a href="https://bocsar.nsw.gov.au/research-evaluations/2024/CJB264-Summary-Effect-of-judge-alone-trials1.html">increasing</a> in New South Wales. Moves are being made in some <a href="https://www5.austlii.edu.au/au/journals/PrecedentAULA/2020/69.html">other Australian jurisdictions</a> to increase access to judge alone trials.</p> <p>While it’s only possible to hold a judge alone trial in certain circumstances, and there are small numbers of such trials relative to other trials, some lawyers and judges think these trials have <a href="https://bocsar.nsw.gov.au/documents/publications/cjb/cjb251-300/CJB264-Report-Effect-of-judge-alone-trials.pdf">advantages</a> over those with a jury.</p> <p>This is because jury trials face a lot of challenges. Some have pondered whether, in this media-saturated environment, there is such a thing as a fair jury trial. So what are these challenges, and where do they leave the time-honoured process?</p> <h2>What happens in a jury trial?</h2> <p>The criminal trial brings together knowledge of the facts that underpin the criminal charge. The task of the jury is to independently assess that knowledge as presented in the trial, and reach a conclusion about guilt to the criminal standard of proof: <a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/onus_and_standard_of_proof.html">beyond reasonable doubt</a>.</p> <p>Crucially, lay people provide legitimacy to this process, as individuals drawn from all walks of life are engaged in the <a href="https://theconversation.com/jury-is-out-why-shifting-to-judge-alone-trials-is-a-flawed-approach-to-criminal-justice-137397">decision-making</a> around the guilt of the accused.</p> <p>The jury is therefore a fundamental part of our <a href="https://theconversation.com/all-about-juries-why-do-we-actually-need-them-and-can-they-get-it-wrong-112703">democracy</a>.</p> <h2>The changing trial</h2> <p>For its legitimacy, the criminal trial traditionally relies on open justice, independent prosecutors and the lay jury (the “black box”), all overseen by the impartial umpire, the judge, and backed up by the appeal system.</p> <p>But these aspects of the criminal trial are being challenged by changes occurring inside and outside the courtroom.</p> <p>These challenges include high levels of <a href="https://theconversation.com/when-punitive-media-intrude-on-the-courts-role-can-justice-be-served-63824">media attention</a> given to criminal justice matters.</p> <p>Another is the questioning about the way <a href="https://theconversation.com/lehrmann-inquiry-whats-a-director-of-public-prosecutions-or-dpp-a-legal-expert-explains-206194">public prosecutors are using their discretion</a> in bringing charges against individuals. This is happening in NSW, ACT and Victoria.</p> <p>There are also concerns about “<a href="https://theconversation.com/junk-science-is-being-used-in-australian-courtrooms-and-wrongful-convictions-are-at-stake-231480">junk science</a>” being relied on Australian courtrooms. This is where unreliable or inaccurate expert evidence is introduced in trials.</p> <p>Some legal bodies are also demanding a <a href="https://lawcouncil.au/publicassets/0e6c7bd7-e1d6-e611-80d2-005056be66b1/120421-Policy-Statement-Commonwealth-Criminal-Cases-Review-Comission.pdf">post-appeal criminal cases review commission</a> to prevent wrongful convictions.</p> <h2>Added complexity</h2> <p>It is not just juries that must come to grips with complex evidence in criminal matters. Judges and lawyers are also required to grasp intricate scientific evidence, understand new areas of expertise, and get across changing practices of validating expert knowledge.</p> <p>The difficulty of these tasks for judges and lawyers was on show in the two special inquiries into Kathleen Folbigg’s convictions for the murder of her children, held in 2019 and 2022–23. Rapid developments in genetic science, alongside other developments, came to <a href="https://theconversation.com/folbigg-pardon-science-is-changing-rapidly-and-the-law-needs-to-change-with-it-207604">cast doubt</a> on the accuracy of Folbigg’s convictions. This was just a few years after the first inquiry concluded there was no reasonable doubt about her guilt.</p> <p>The challenges facing criminal trials are one dimension of much wider social and political dynamics. News and information is produced and consumed differently now. People have <a href="https://theconversation.com/why-so-many-people-have-had-enough-of-experts-and-how-to-win-back-trust-206134">differing degrees</a> of respect for scientific knowledge and expertise. Trust in authority and institutions <a href="https://theconversation.com/5-charts-show-how-trust-in-australias-leaders-and-institutions-has-collapsed-183441">is low</a>.</p> <p>These factors come together in a perfect storm and pose existential questions about what criminal justice should look like now.</p> <h2>What does the future look like?</h2> <p>The future of criminal law and its institutions depends on their <a href="https://ses.library.usyd.edu.au/handle/2123/32995">legitimacy</a>. It’s legitimacy that gives courts the social license and power to proscribe conduct, prosecute crimes and authorise punishment. Juries are a vital piece of this picture.</p> <p>Amid the changing environment, there are things we can do to improve jury trials and in turn, safeguard and enhance their legitimacy.</p> <p>One is providing extremely careful instructions to juries to make sure jurors <a href="https://theconversation.com/we-need-better-jury-directions-to-ensure-justice-is-done-104417">understand their tasks</a>, and do not feel <a href="https://lawfoundation.net.au/wp-content/uploads/2023/12/UNSW_Jury_Study_Hunter_2013.pdf">frustrated</a>.</p> <p>Another is introducing <a href="https://www.researchgate.net/publication/343032083_Regulating_Forensic_Science_and_Medicine_Evidence_at_Trial_It's_Time_for_a_Wall_a_Gate_and_Some_Gatekeeping">higher and better standards</a> for expert evidence. Experts testifying in court need firm guidance, especially on their use of <a href="https://theconversation.com/the-words-that-helped-wrongly-convict-kathleen-folbigg-200635">industry jargon</a>, to decrease chances of wrongful convictions.</p> <p>These sorts of changes might be coupled with changes in criminal laws, like enhancing laws of self-defence so they are <a href="https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/64a58aac48b25f2af05ac74f/1688570542199/CWJ+Arlie+Loughnan+and+Clare+Davidson+Australia.pdf">more accessible to women</a> in domestic violence situations.</p> <p>Together, this would help to future-proof criminal law, ready to meet the challenges of coming years and decades that we are yet to detect.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/239401/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, Professor of Criminal Law, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/is-it-possible-to-have-a-fair-jury-trial-anymore-239401">original article</a>.</em></p> </div>

Legal

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

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/katharine-kemp-402096">Katharine Kemp</a>, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a></em></p> <p>Many businesses are trapping Australian consumers in paid subscriptions by making them hard to cancel, hiding important details and offering “free” trials that auto-renew with hefty charges. We need law reform to tackle this continuing problem.</p> <p><a href="https://cprc.org.au/report/let-me-out">A new report</a> shows 75% of Australian consumers have had negative experiences when trying to cancel a subscription, according to the Consumer Policy Research Centre (CPRC).</p> <p>It shows businesses use “<a href="https://www.wired.com/story/how-to-spot-avoid-dark-patterns/">dark patterns</a>”, which are designs that hinder consumers who try to act in their own best interests. Subscription traps are often called “<a href="https://www.ftc.gov/business-guidance/blog/2022/11/checking-out-ftcs-100-million-settlement-vonage">Hotel California</a>” techniques, referring to The Eagles’ famous lyric: “you can check out any time you want, but you can never leave”.</p> <p>In some of these cases, consumers may have remedies under our existing consumer law, including for misleading conduct. But we need law reform to capture other <a href="https://treasury.gov.au/consultation/c2023-430458">unfair practices</a>.</p> <p>In the meantime, the CPRC’s research also gives examples of businesses with <em>fair</em>, consumer-friendly subscription practices. These also benefit the business.</p> <h2>Examples of unfair subscription traps</h2> <p><a href="https://www.forbes.com/councils/forbesbusinessdevelopmentcouncil/2022/09/12/the-evolution-of-the-subscription-model-and-whats-on-the-horizon/">Subscription business models</a> have become common – many products are now provided in the form of software, an app or access to a website. Some of these would once have been a physical book, newspaper, CD or exercise class.</p> <p>Most people who use online services have experienced the frustration of finding a credit card charge for an unwanted, unused subscription or spending excessive time trying to cancel a subscription.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=3 2262w" alt="Infographic with a few statistics from the report." /></a><figcaption><span class="attribution"><a class="source" href="https://cprc.org.au/wp-content/uploads/2024/08/CPRC_LetMeOut_SubsTraps_Report_FINAL.pdf">CPRC, Let me out – Subscription trap practices in Australia, August 2024</a></span></figcaption></figure> <p>Businesses can make it difficult for consumers to stop paying for unwanted subscriptions. Some do this by allowing consumers to start a subscription with a single click, but creating multiple obstacles if you want to end the subscription.</p> <p>This can include obscuring cancellation options in the app, requiring consumers to phone during business hours or making them navigate through multiple steps and offers before terminating. The report points out many of the last-ditch discounts offered in this process are only short term. One survey respondent said:</p> <blockquote> <p>I wasn’t able to cancel without having to call up and speak to someone. Their business hours meant I had to call up during my work day and it took some time to action.</p> </blockquote> <p>Other businesses badger consumers with frequent emails or messages after they cancel. One respondent said a business made “the cancellation process impossible by making you call and then judging your reason for cancellation”.</p> <h2>What does consumer law say?</h2> <p>Some subscription traps already fall foul of the Australian Consumer Law and warrant investigation by the <a href="https://www.accc.gov.au/media-release/accc-warns-consumers-to-beware-of-subscription-traps">Australian Competition &amp; Consumer Commission</a> (ACCC). Consumers may have remedies where the business has engaged in misleading conduct or imposes an unfair contract term.</p> <p>For example, the ACCC is <a href="https://www.accc.gov.au/media-release/accc-court-action-against-eharmony-for-alleged-misleading-online-dating-membership-statements#:%7E:text=The%20ACCC%20has%20today%20commenced%20proceedings%20in%20the,the%20pricing%2C%20renewal%20and%20duration%20of%20its%20memberships.">suing dating site eHarmony</a> for its allegedly misleading subscription practices.</p> <p>In the United States, the Federal Trade Commission <a href="https://www.ftc.gov/news-events/news/press-releases/2024/06/ftc-takes-action-against-adobe-executives-hiding-fees-preventing-consumers-easily-cancelling">has filed a complaint against software company Adobe</a> for allegedly using dark patterns in its subscription practices.</p> <p>The Federal Trade Commission has alleged that “Adobe pushed consumers toward the ‘annual paid monthly’ subscription without adequately disclosing that cancelling the plan in the first year could cost hundreds of dollars”.</p> <p>Adobe <a href="https://news.adobe.com/news/news-details/2024/Adobes-Recent-Statement-Regarding-Updated-Federal-Trade-Commission-Complaint-/default.aspx">issued a statement</a> arguing the commission’s complaint “mischaracterises” its business. The litigation is ongoing.</p> <h2>We need an unfair practices prohibition</h2> <p>Some subscription traps would fall outside the existing consumer law. This is because they don’t meet the test for misleading conduct or unfair contract terms, but make it practically very difficult to cancel.</p> <p>The <a href="https://www.accc.gov.au/media-release/accc-welcomes-consultation-on-possible-unfair-trading-practices-regulatory-reforms">ACCC has advocated</a> for Australia to follow other countries such as the United Kingdom and the United States to enact an unfair practices prohibition to capture conduct like this.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=3 2262w" alt="" /></a><figcaption><span class="caption">The shift businesses can make today.</span> <span class="attribution"><a class="source" href="https://cprc.org.au/wp-content/uploads/2024/08/CPRC_LetMeOut_SubsTraps_Report_FINAL.pdf">CPRC, Let me out – Subscription trap practices in Australia, August 2024</a></span></figcaption></figure> <h2>Better practices benefit businesses too</h2> <p>The CPRC report also revealed that 90% of Australians would likely purchase from the same organisation if cancelling a subscription process was quick and simple.</p> <p>Businesses focused on a short-sighted cash grab fail to realise that consumers might cancel but later return if treated well.</p> <p>The CPRC highlights businesses that are doing a good job. For instance, the habit change app Atoms (based on James Clear’s book Atomic Habits) has a genuinely free trial. It doesn’t require credit card details, doesn’t auto-renew, and lets consumers know how many trial days remain.</p> <p>The CPRC says the charity World Vision doesn’t auto-renew annual sponsorships, but reminds supporters about when the sponsorship will lapse.</p> <p>Importantly, some businesses – such as Netflix – use their data for good in this context. They notice when users are paying for the service without using it and help them unsubscribe.</p> <p>These practices should be applauded. But we need an unfair practices prohibition for businesses who don’t follow suit and recognise the long-term benefits of treating customers fairly.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/237236/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/katharine-kemp-402096">Katharine Kemp</a>, Associate Professor, Faculty of Law &amp; Justice; Lead, UNSW Public Interest Law &amp; Tech Initiative, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/why-is-it-so-hard-to-cancel-subscriptions-or-end-free-trials-report-shows-how-companies-trap-you-into-paying-237236">original article</a>.</em></p> </div>

Money & Banking

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Woolies trial bold new "scan as you go" trolleys

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

Food & Wine

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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>

Legal

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Former pilot accused of murder shares his version of events

<p>Former Jetstar pilot Greg Lynn has shared his version of events from the day Russell Hill and Carol Clay were allegedly murdered. </p> <p>Mr Lynn, who is on trial for the murders of the elderly campers, claimed Mr Hill, 74, knifed himself in a struggle after he accidentally shot his childhood sweetheart Ms Clay, 73, in the head.</p> <p>Police allege Mr Hill and Ms Clay were murdered while camping in the remote Wonnangatta Valley in Victoria's Alpine region more than four years ago, with Crown prosecutor Daniel Porceddu telling the jury at the opening of the trial exactly how and why Lynn allegedly killed the couple.</p> <p>"The precise circumstances of the killing are unknown, nor is the motivation," he said.  </p> <p>The jury heard it was most likely a dispute over the use Mr Hill's drone, as Mr Porceddu said, "There might have been an argument or confrontation between the men. It is not known how Mr Hill was killed."</p> <p>But in providing a brief defence, Lynn's barrister Dermot Dann KC, claimed Mr Hill and Ms Clay's death was the result of a tragic accident, telling the jury, "We say not a case of murder, this is a case of two accidental, tragic deaths."</p> <p>"Tragic accidental deaths in circumstances that were not of Mr Lynn's making and not of his choosing."</p> <p>Mr Dann told the jury that Mr Hill allegedly stole Lynn's shotgun after he became enraged about Lynn playing loud music on the night he was killed. </p> <p>The barrister then detailed how a fight over the gun ensued, which resulted in Mr Hill accidentally shooting Ms Clay in the head, as Mr Lynn tried to disarm him. </p> <p>Mr Dann said Lynn picked up the gun and fired its remaining ammunition into the air before being set upon by an enraged Mr Hill. </p> <p>"The next thing is Mr Hill's advancing towards him with a knife screaming at him 'she's dead'," Mr Dann said. </p> <p>"A struggle developed over the knife. Mr Lynn trying to defend himself - they're locked in this struggle - and as part of that struggle the two men fall to the ground  and the knife goes through the chest of Mr Hill."</p> <p>Upon his arrest, Mr Dann claimed Lynn co-operated with detectives, telling them where to find the bodies of the campers, and once again telling the jury that Mr Lynn is not guilty of murder or manslaughter.</p> <p class="mol-para-with-font" style="margin: 0px 0px 16px; padding: 0px; min-height: 0px;"><em>Image credits: Supplied / Facebook </em></p>

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Bombshell allegations in murder case of young school girl

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

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Sam Kerr's alleged racial comments revealed by UK paper

<p>The legal controversy surrounding <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">Matildas star Sam Kerr </span><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">following allegations of racially charged remarks directed towards a police officer in London continues to unfold, after a UK newspaper published those alleged remarks. </span></p> <p>According to <a href="https://www.thesun.co.uk/sport/26401266/sam-kerr-football-charge-crime-police-fifa/" target="_blank" rel="noopener">The Sun</a>, Kerr allegedly called a police officer a "stupid white bastard" during a dispute over a taxi fare. The details emerged as Kerr faced charges for using insulting, threatening or abusive words towards the officer, causing alarm or distress. The seriousness of the allegations is underscored by the potential consequences, with Kerr facing a maximum sentence of two years' imprisonment if convicted.</p> <p>The incident is said to have taken place in January 2023 shortly after Kerr's remarkable performance in a Chelsea FA Cup victory, and Kerr has maintained her innocence, pleading not guilty to the charges brought against her.</p> <p>The delayed prosecution in Kerr's case has sparked speculation, with reports suggesting that determining the appropriate charge was a complex process for the Crown Prosecution Service. However, as the trial approaches, the focus shifts towards the legal proceedings and the evidence that will be presented in court.</p> <p>Throughout her career, Kerr has been a prominent figure in the fight against racism in sport. Her past actions, including posing with an Aboriginal flag alongside her Matildas teammates, reflect a commitment to promoting inclusivity and unity. Kerr's accolades both on and off the field have solidified her iconic status, making the allegations against her all the more surprising.</p> <p>In response to the controversy, Matildas coach Tony Gustavsson and Football Australia CEO James Johnson expressed their lack of prior knowledge regarding the incident. </p> <p>Prime Minister Anthony Albanese declined to comment directly on the matter, but said that Kerr's actions during her tenure as the national flag bearer exemplified pride and dignity. </p> <p>“I don’t comment on legal matters before Australian courts, let alone other ones,” Albanese said. “I will say this about my contact with Sam Kerr, she was our flag bearer at the coronation. My contact with her was exemplary. She did Australia proud at that time and I think that my contact with her has been nothing but delightful.”</p> <p><em>Images: Getty</em></p>

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

<p><em><a href="https://theconversation.com/profiles/kirsty-ross-1513078">Kirsty Ross</a>, <a href="https://theconversation.com/institutions/massey-university-806">Massey University</a></em></p> <p>As a clinical psychologist, I often have clients say they are having trouble with thoughts “on a loop” in their head, which they find difficult to manage.</p> <p>While rumination and overthinking are often considered the same thing, they are slightly different (though linked). <a href="https://www.apa.org/monitor/nov05/cycle">Rumination</a> is having thoughts on repeat in our minds. This can lead to overthinking – analysing those thoughts without finding solutions or solving the problem.</p> <p>It’s like a vinyl record playing the same part of the song over and over. With a record, this is usually because of a scratch. Why we overthink is a little more complicated.</p> <h2>We’re on the lookout for threats</h2> <p>Our brains are hardwired to look for threats, to make a plan to address those threats and keep us safe. Those perceived threats may be based on past experiences, or may be the “what ifs” we imagine could happen in the future.</p> <p>Our “what ifs” are usually negative outcomes. These are what we call “<a href="https://ccbhc.org/hot-thoughts-what-are-they-and-how-can-you-handle-them/">hot thoughts</a>” – they bring up a lot of emotion (particularly sadness, worry or anger), which means we can easily get stuck on those thoughts and keep going over them.</p> <p>However, because they are about things that have either already happened or might happen in the future (but are not happening now), we cannot fix the problem, so we keep going over the same thoughts.</p> <h2>Who overthinks?</h2> <p>Most people find themselves in situations at one time or another when they overthink.</p> <p>Some people are <a href="https://www.apa.org/monitor/nov05/cycle">more likely</a> to ruminate. People who have had prior challenges or experienced trauma may have come to expect threats and look for them more than people who have not had adversities.</p> <p>Deep thinkers, people who are prone to anxiety or low mood, and those who are sensitive or feel emotions deeply are also more likely to ruminate and overthink.</p> <p>Also, when we are stressed, our emotions tend to be stronger and last longer, and our thoughts can be less accurate, which means we can get stuck on thoughts more than we would usually.</p> <p>Being run down or physically unwell can also mean our thoughts are <a href="https://healthify.nz/hauora-wellbeing/m/mental-health-and-your-body/">harder to tackle</a> and manage.</p> <h2>Acknowledge your feelings</h2> <p>When thoughts go on repeat, it is helpful to use both emotion-focused and problem-focused <a href="https://link.springer.com/referencework/10.1007/978-1-4419-1005-9">strategies</a>.</p> <p>Being emotion-focused means figuring out how we feel about something and addressing those feelings. For example, we might feel regret, anger or sadness about something that has happened, or worry about something that might happen.</p> <p>Acknowledging those emotions, using self-care techniques and accessing social support to talk about and manage your feelings will be helpful.</p> <p>The second part is being problem-focused. Looking at what you would do differently (if the thoughts are about something from your past) and making a plan for dealing with future possibilities your thoughts are raising.</p> <p>But it is difficult to plan for all eventualities, so this strategy has limited usefulness.</p> <p>What is more helpful is to make a plan for one or two of the more likely possibilities and accept there may be things that happen you haven’t thought of.</p> <h2>Think about why these thoughts are showing up</h2> <p>Our feelings and experiences are information; it is important to ask what this information is telling you and why these thoughts are showing up now.</p> <p>For example, university has just started again. Parents of high school leavers might be lying awake at night (which is when rumination and overthinking is common) worrying about their young person.</p> <p>Knowing how you would respond to some more likely possibilities (such as they will need money, they might be lonely or homesick) might be helpful.</p> <p>But overthinking is also a sign of a new stage in both your lives, and needing to accept less control over your child’s choices and lives, while wanting the best for them. Recognising this means you can also talk about those feelings with others.</p> <h2>Let the thoughts go</h2> <p>A useful way to manage rumination or overthinking is “<a href="https://www.getselfhelp.co.uk/docs/Options.pdf">change, accept, and let go</a>”.</p> <p>Challenge and change aspects of your thoughts where you can. For example, the chance that your young person will run out of money and have no food and starve (overthinking tends to lead to your brain coming up with catastrophic outcomes!) is not likely.</p> <p>You could plan to check in with your child regularly about how they are coping financially and encourage them to access budgeting support from university services.</p> <p>Your thoughts are just ideas. They are not necessarily true or accurate, but when we overthink and have them on repeat, they can start to feel true because they become familiar. Coming up with a more realistic thought can help stop the loop of the unhelpful thought.</p> <p>Accepting your emotions and finding ways to manage those (good self-care, social support, communication with those close to you) will also be helpful. As will accepting that life inevitably involves a lack of complete control over outcomes and possibilities life may throw at us. What we do have control over is our reactions and behaviours.</p> <p>Remember, you have a 100% success rate of getting through challenges up until this point. You might have wanted to do things differently (and can plan to do that) but nevertheless, you coped and got through.</p> <p>So, the last part is letting go of the need to know exactly how things will turn out, and believing in your ability (and sometimes others’) to cope.</p> <h2>What else can you do?</h2> <p>A stressed out and tired brain will be <a href="https://mentalhealth.org.nz/resources/resource/stress-and-how-to-manage-it">more likely</a> to overthink, leading to more stress and creating a cycle that can affect your wellbeing.</p> <p>So it’s important to manage your stress levels by eating and sleeping well, moving your body, doing things you enjoy, seeing people you care about, and doing things that fuel your soul and spirit.</p> <p>Distraction – with pleasurable activities and people who bring you joy – can also get your thoughts off repeat.</p> <p>If you do find overthinking is affecting your life, and your levels of anxiety are rising or your mood is dropping (your sleep, appetite and enjoyment of life and people is being negatively affected), it might be time to talk to someone and get some strategies to manage.</p> <p>When things become too difficult to manage yourself (or with the help of those close to you), a therapist can provide tools that have been proven to be helpful. Some helpful tools to manage worry and your thoughts can also be found <a href="https://www.cci.health.wa.gov.au/Resources/Looking-After-Yourself/Anxiety">here</a>.</p> <p>When you find yourself overthinking, think about why you are having “hot thoughts”, acknowledge your feelings and do some future-focused problem solving. But also accept life can be unpredictable and focus on having faith in your ability to cope. <!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/223973/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/kirsty-ross-1513078"><em>Kirsty Ross</em></a><em>, Associate Professor and Senior Clinical Psychologist, <a href="https://theconversation.com/institutions/massey-university-806">Massey University</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/how-can-i-stop-overthinking-everything-a-clinical-psychologist-offers-solutions-223973">original article</a>.</em></p>

Mind

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Matildas captain Sam Kerr to face criminal trial

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

Legal

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“That’s insulting”: Brittany Higgins grilled over "fabricated" allegations

<p>Brittany Higgins has denied she lied when she accused Bruce Lehrmann of sexually assaulting her in Parliament House. </p> <p>Higgins was called to give evidence on Thursday, as part of Lehrmann's defamation suit against Lisa Wilkinson and Channel Ten, when she was grilled during cross-examination by Lehrmann’s barrister Steven Whybrow SC.</p> <p>“That is a fabrication that you were sexually assaulted,” Whybrow said.</p> <p>“I understand that is your assertion. It’s insulting but I understand it,” Higgins replied. </p> <p>Whybrow’s questioning revolved around how Higgins’ recollection of events changed between statements she gave to the police, in court, to journalists from Ten and a news website, and in the first draft of a book she sent to publisher Penguin Random House.</p> <p>One example was that the location of a box of chocolates eaten after the alleged rape had changed between versions.</p> <p>“I want to suggest to you that is an example of your evidence evolving as you find out new information,” Whybrow said.</p> <p>“No, I don’t accept that,” Higgins answered.</p> <p>She admitted giving incorrect statements to Wilkinson and Ten producer Angus Llewellyn during a five-hour interview conducted in January 2021, before she was filmed for bombshell <em>The Project</em> broadcast that first aired Brittany's story. </p> <p>These claims, which included what security did and what she was wearing after the alleged rape, were based on her beliefs at the time, the court was told.</p> <p>Lehrmann has also already given evidence in which he admitted to a number of lies and false statements he gave to police, Parliament House security, his employer and supervisor, and the media.</p> <p>Lehrmann is suing Lisa Wilkinson and Channel Ten for defamation, specifically citing a February 2021 report on <em>The Project</em> in which Higgins was interviewed and her sexual assault story made national headlines. </p> <p><em>Image credits: Getty Images </em></p>

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

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

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No apologies: Ben Roberts-Smith breaks silence

<p>Former SAS soldier Ben Roberts-Smith has returned to Australia for the first time since losing his defamation case against Nine newspapers.</p> <p>Roberts-Smith touched down in Perth on June 14 and said he was shattered by the outcome of his defamation case against The Age, The Sydney Morning Herald and The Canberra Times.</p> <p>This is the first time he has spoken out publicly since the landmark ruling.</p> <p>"It was a terrible result and obviously the incorrect result. We will look at it and consider whether or not we need to file an appeal," Roberts-Smith said after landing in Perth.</p> <p>"There is not much more I can say about it ... we just have to work through it and I'll take the advice as it comes.”</p> <p>He was spotted checking into business class with his girlfriend in Queenstown, New Zealand prior to touching down in Perth.</p> <p>Roberts-Smith rules out apologising to families of the victims impacted by his actions in Afghanistan.</p> <p>"We haven't done anything wrong, so we won't be making any apologies," he said.</p> <p>As he was collecting his luggage at Perth airport, he was approached by a man who voiced his support for the former soldier.</p> <p>Roberts-Smith's return comes on the same day as reports that an Australian Federal Police investigation into his alleged war crimes had collapsed.</p> <p>The decision by the Commonwealth Director of Public Prosecutions not to prosecute Roberts-Smith based on evidence collected by the AFP has led to a new joint task force being assembled to investigate alleged executions.</p> <p>The task force is comprised of detectives from the specialist war crimes agency, the Office of the Special Investigator and a new team of federal police investigators not related to the abandoned AFP probe.</p> <p>Roberts-Smith did not appear in the Federal Court when a judge found allegations he murdered or was complicit in the killing of four unarmed Afghans while deployed overseas were "substantially true” in a bombshell defamation ruling.</p> <p>The former soldier insists there was never any foul play.</p> <p><em>Image credit: A Current Affair</em></p>

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Father of murdered Aussie soldier voices support for Ben Roberts-Smith

<p> The father of an Australian soldier murdered in Afghanistan has spoken out in defence of former SAS member Ben Roberts-Smith.</p> <p>Hugh Poate’s son, Robert, was playing cards with two other Australians when they were tragically shot by a rogue Afghan soldier named Hekmatullah in 2012.</p> <p>According to Poate, Roberts-Smith was simply following orders in a bid to apprehend Hekmatullah, who had brutally taken the lives of their son.</p> <p>Acting on intelligence, they were taken to the village of Darwan, where Roberts-Smith had allegedly kicked a farmer named Ali Jan off a cliff and ordered his execution.</p> <p>“These citizens in the village could well have been a civilian one day and pulling the trigger the next, that‘s the way the Taliban operated. This perspective should have been included to provide some balance and context,” Poate told the<em> Daily Telegraph</em>.</p> <p>The federal court <a href="https://www.oversixty.com.au/finance/legal/a-win-for-the-press-a-big-loss-for-ben-roberts-smith-what-does-this-judgment-tell-us-about-defamation-law" target="_blank" rel="noopener">dismissed</a> Roberts-Smith’s defamation trial against the <em>Sydney Morning Herald</em>, <em>The Age</em>, and the <em>Canberra Times</em>, with Justice Besanko concluding the various titles had substantially proven the former soldier unlawfully killed four unarmed Afghan prisoners during his service in the SAS between 2009 and 2012.</p> <p>The judgement also acknowledged instances of Roberts-Smith’s alleged bullying of fellow soldiers. However, the court dismissed two other murder allegations and an accusation that he had assaulted his mistress.</p> <p>In his thorough 736-page judgement, the judge determined that Roberts-Smith and four key witnesses called to testify were both dishonest and unreliable in their evidence.</p> <p>Following the release of the completed judgement, Roberts-Smith’s legal team is now closely inspecting the document to identify potential grounds for an appeal.</p> <p>Poate emphasised the fact that Hekmatullah was captured and convicted of war crimes and subsequently released. In comparison, Roberts-Smith <a href="https://www.oversixty.com.au/news/news/australian-war-memorial-urged-to-remove-ben-roberts-smith-s-uniform-from-display" target="_blank" rel="noopener">has not been convicted</a> of any war crimes. Potae perceives the treatment of Roberts-Smith as a case of double standards.</p> <p>Additionally, Poate asserted that the responsibility for any wrongdoing committed by the SAS in Afghanistan lies with others in the Australian Defence Force (ADF). By acknowledging the collective accountability within the organisation, Poate has suggested a wider perspective on the matter.</p> <p><em>Image credit: Getty</em></p>

Legal

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Decision reached over Ed Sheeran's copyright trial

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

Music

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Lisa Wilkinson launches dispute into Logies speech advice

<p>TV presenter Lisa Wilkinson has lodged a new submission to an inquiry into how the rape trial against Bruce Lehrmann was handled, with a focus on the circumstances surrounding her controversial Logies speech. </p> <p>The probe was announced in 2022 by the ACT government and was to be fronted by Walter Sofronoff KC. At the time of the announcement, it was also stressed that the probe would was about not recontesting Brittany Higgins’ rape allegation, but instead about the conduct of the criminal justice agencies. </p> <p>And in April 2023, <em>news.com.au</em> confirmed that Lisa Wilkinson had made a submission, which had not yet been made public, that outlined her experience with Director of Public Prosecutions Shane Drumgold prior to her speech at the Logie Awards - the same speech that ultimately saw the trial be delayed. </p> <p>As the publication noted, Channel 10 and their lawyers have disputed allegations that the DPP “expressly warned” Wilkinson against her address at the awards ceremony. </p> <p>This was reportedly seen in a letter leaked after the trial - one sent to the ACT Supreme Court - that saw Channel 10’s Executive Vice President Beverly McGarvey declare “neither Ms Wilkinson nor the Network Ten Senior Legal Counsel present at the conference with the DPP on June 15 2022 understood that they had been cautioned that Ms Wilkinson giving an acceptance speech at the Logie Awards could result in an application being made to the court to vacate the trial date.</p> <p>“Had they understood that a specific warning had been given, Ms Wilkinson would not have given that speech.”</p> <p>Wilkinson had been accepting an award for ‘Outstanding News Coverage or Public Affairs Report’ for her coverage of Brittany Higgins’ sexual assault allegations, and in the wake of the former <em>The Project </em>host’s words, the trial was delayed from June until October. </p> <p>Lucy McCallum, ACT Chief Justice, moved the dates “with gritted teeth” after Lehrmann’s defence team made a request following the speech and the intense media coverage that followed. </p> <p>“Unfortunately, however, the recent publicity [of the speech] does, in my view, change the landscape,’’ McCallum said. </p> <p>“Because of its immediacy, its intensity and its capacity to obliterate the important distinction between an allegation that remains untested at law.</p> <p>“For those reasons, regrettably and with gritted teeth, I have concluded that the trial date of 27 June towards which the parties have been carefully steering must be vacated.”</p> <p>Wilkinson had reportedly sought advice from DPP Shane Drumgold in 2021 to go over the evidence that she would present at trial, with a note from the meeting stating that Wilkinson had been given an opportunity to ask any questions she might have had. </p> <p>It was then that Wilkinson brought up her Logie nomination, though she reportedly noted that she didn’t believe she was in with a real chance of winning, as the show was being held by a ‘rival’ television network. </p> <p>As <em>news.com.au </em>reported, the DPP stopped Wilkinson from presenting her speech then and there, as he could neither approve nor offer her any advice regarding it, telling Wilkinson that “we are not speech editors.”</p> <p>“Notwithstanding that clear and appropriate warning, upon receiving the award, Ms Wilkinson gave a speech in which she openly referred to and praised the complainant in the present trial,” Justice McCallum said of the situation.</p> <p>“Unsurprisingly, the award, and the content of the speech have been the subject of further commentary.”</p> <p><em>Images: Getty</em></p>

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Big jump in e-scooter injuries following Melbourne trial

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

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