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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>

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

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

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“Witnesses” in William Tyrrell case turned away by police

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

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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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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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Major update in case against accused Russian spies

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

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Major breakthrough solves 44-year-old cold case

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

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Ted Bundy cold case finally solved after 51 years

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

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"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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New development in Samantha Murphy murder case

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

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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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Bombshell allegations in murder case of young school girl

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

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Brutal cost of Bruce Lehrmann’s failed defamation case

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

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

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

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