Search

Disgraced former cop launches legal action against NSW Police

The disgraced former cop who was found guilty of manslaughter over the fatal tasering of a 95-year-old has launched an appeal to get his job back with the NSW Police. Former constable Kristian White faced an eight-day trial in November over the death of Clare Nowland, who White tasered in a nursing home last May. The deliberations lasted four days before the jury found Mr White guilty of unlawfully killing Mrs Nowland either by way of criminal negligence or a dangerous or criminal act. Just days after the guilty verdict, NSW Police Commissioner Karen Webb dismissed White from the police force. “Today I have determined that I do not have confidence in the officer’s suitability to continue as a police officer,” Commissioner Webb said in a statement at the time. “Accordingly, I have removed him from the NSW Police Force and he has been advised via his legal counsel.” On Monday, it was revealed Mr White had launched legal action against Commissioner Webb with the state’s Industrial Relations Commission, with the intention of having his job with the NSW Police reinstated. “NSW Police have been advised a former officer who was attached to Monaro PD, has filed in the Industrial Relations Commission of New South Wales an application for review under s 181E of the Police Act 1990,” NSW police said in a statement on Monday. “Given the matter is before the IRC no further comment can be made.” Mr White’s hearing, with the case name Kristian James Samuel White v Commissioner of Police, is listed for December 19th. Image credits: ABC News South East NSW: Floss Adams/ news.com.au

Legal

"Two strikes and you're out": Crackdown on dodgy taxi drivers

The NSW government is introducing tougher penalties for taxi drivers caught ripping off passengers, as they crackdown on dodgy practices. Taxi drivers caught committing two fare-related offences will be disqualified from driving a taxi, rideshare or any other type of transport from December 6. The offences include not using their meter, overcharging, refusing a passenger travelling a short distance, demanding a fare not displayed on the meter, adding a surcharge and charging a maxi-taxi surcharge for less than five passengers. Transport Minister Jo Haylen emphasised that the "two strikes and you're out" system would be used to crack down on a “minority of rogue drivers” in the industry, ahead of the holiday season. "We're sending a strong message to the minority of rogue drivers that if they continue overcharging, not using the meter or refusing fares they now risk being kicked out of the industry," Haylen said. "From 6 December, drivers convicted twice for fare-related offences will not only be disqualified from the taxi industry but also rideshare companies like Uber and DiDi. "With these better regulations in place, passengers can have a safe and fair ride, while supporting the taxi industry. “This is a really busy time for the taxi and rideshare industries. Christmas parties are starting to kick off, people will be starting to come home through the airport, and then there are people rushing around for those last-minute gifts,” she added. "The majority of our state's 15,000 taxi drivers are doing the right thing, but these new measures will ensure that those who aren't, are out." The laws will also apply to Taxi drivers with existing breaches on record, who will now be at risk of being banned from the industry by the Point to Point Transport Commissioner Anthony Wing. More than 900 fines have been issued to taxi drivers by commissioner inspectors in the last two years. "Let me reinforce, most drivers are consistently doing the right thing, but we want all passengers to know that there will be harsh consequences for drivers who continue to break the rules - they now face being kicked out of the industry," Wing said. "We take all fare-related offences seriously which is why my Inspectors are frequently out conducting plain clothes operations along with highly visible compliance activities." He added that "small time first offenders" would not necessarily be prosecuted but issued a fine instead of a strike. Image: Shutterstock

Legal

NSW Government refunds millions of Covid fines

Millions of dollars in fines dished out for breaches of Covid restrictions in NSW are set to be refunded, while close to 24,000 penalty notices will be officially erased. The announcement of the statewide refund by the NSW Fines Administration Commissioner on Tuesday came after legal advice cast doubt on the legal validity of the penalties handed out during Covid lockdowns. In total, more than $5.5 million will be handed back to those who have made either a full or partial payment towards paying off a Covid fine. Those in line for money, or with outstanding penalties, will be contacted by Revenue NSW within days. “Following representations made to the Commissioner of Police and myself concerning the validity of COVID-19 penalty notices, I have decided to exercise my statutory authority and withdraw these notices,” Fine Administration Commissioner Scott Johnston said. “Revenue NSW will be reaching out to all affected customers to support them through the finalisation of their matters.” At the height of the pandemic, the state government claimed they introduced the public health orders to "protect the community". Some fines have already been withdrawn, as in 2022 the Commissioner withdrew about 36,000 penalty notices tied to Covid-related offences because the information on them “made it difficult” for recipients to understand their offence. The remaining 23,539 penalty notices were believed to have provided a clearer explanation and were not withdrawn, but after further legal advice and consideration, it was considered “appropriate” to withdraw them too. Image credits: Xinhua News Agency/Shutterstock Editorial

Legal

Alan Jones once seemed unassailable. What ended it was a peculiarly Sydney story of media, politics and power

<div class="theconversation-article-body"><a href="https://theconversation.com/profiles/denis-muller-1865">Denis Muller</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> For decades it seemed Alan Jones was unassailable. A finding against him of professional misconduct by the Australian Broadcasting Authority (2000); a <a href="https://www.smh.com.au/entertainment/tv-and-radio/tribunal-upholds-that-jones-incited-hatred-20121002-26x8h.html">finding</a> that he incited hatred, serious contempt and severe ridicule of Lebanese Muslims (2009); propositions of violence against two women prime ministers (<a href="https://www.abc.net.au/news/2011-10-20/alan-jones-says-gillard-remark-best-left-unsaid/3579658">2011</a> and <a href="https://www.abc.net.au/news/2020-05-21/alan-jones-breached-rules-in-jacinda-ardern-comment/12271476">2019</a>); verdicts against him and his employer amounting to millions of dollars in defamation actions (most notably <a href="https://www.abc.net.au/news/2018-09-12/alan-jones-defamed-wagners-court-decision-brisbane-qld/10230384">one for $3.75 million</a> in 2018): none of these ended his career. Quite the reverse. Only weeks after the Australian Broadcasting Authority found in its “cash for comments” inquiry that Jones and others had misled their listeners by presenting paid endorsements as editorial opinion, he was hosting an event for then prime minister John Howard. Howard was to become a fixture on the Jones program throughout the 11 years of his prime ministership. The day after the Australian Communications and Media Authority found Jones was likely to have encouraged violence and vilification of Australians of Lebanese and Middle Eastern background, Howard <a href="https://www.theage.com.au/national/jones-wins-friends-in-high-places-20070412-ge4n4f.html">described him</a> as “an outstanding broadcaster”. “I don’t think he’s a person who encourages prejudice in the Australian community, not for one moment, but he is a person who articulates what a lot of people think.” By 2001, Jones had become a kind of on-air policy-maker for the New South Wales government. In November that year, he dined with the then Labor premier, Bob Carr. They discussed a range of government policies, particularly policing. At that time, Jones was a relentless critic of the NSW police. The following week, <a href="https://www.abc.net.au/news/2012-10-01/newton-alan-jones/4288824">Carr dispatched</a> his police minister-designate, Michael Costa, to Jones’s home to discuss policing policy. In 2011 he said Julia Gillard, then Australia’s prime minister, should be taken out to sea and dumped in a chaff bag. In August 2019 he said Scott Morrison, who was then Australia’s prime minister, should “shove a sock” down the throat of his New Zealand counterpart Jacinda Ardern. He was an outspoken climate-change denier, and these grotesqueries were part of his campaign against political recognition of this reality. <figure><iframe src="https://www.youtube.com/embed/Od6I1YbrBoM?wmode=transparent&start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> Jones’s power, which made him so apparently untouchable, came from his weaponising of the microphone for conservative political ends in ways that resonated with his vast and rusted-on audience of largely working-class older people across Sydney’s sprawling western suburbs. These suburbs contain many marginal state and federal electorates where the fates of governments can be decided. Their populations provide fertile ground for seeding by right-wing radio shock jocks, of whom Jones and his rival John Laws were pre-eminent examples. In Australia, this is a peculiarly Sydney phenomenon. It is not seen to the same degree in any other capital city, even though they too have large areas of socioeconomic disadvantage like western Sydney. Why that should be so is a complex question, but there are aspects of Sydney life that mark it out as different. It is really two cities. One is the largely prosperous and scenically dazzling east and north. The other, much larger, consists of dreary tracts of increasingly crowded housing stretching for many kilometres to the west and southwest. In Sydney argot, the inhabitants of these respective worlds are called “silvertails” and “fibros”, the latter referring to the cladding of the homes that proliferated in western Sydney between and after the two world wars. This two-cities effect makes the gap between the “haves” and the “have-nots” highly visible in a way that has no parallel in other Australian capitals. It engenders deep-seated grievance and cynicism, which the likes of Jones, who lives in a multimillion-dollar apartment on Circular Quay, have relentlessly exploited. Jones coined the term “Struggle Street” to encapsulate the hardships of his listeners’ lives. To these powerless people, Jones and Laws gave a voice, and as their audiences grew, prime ministers and premiers courted and feared them. In the end, Jones’s impregnability was breached by not the power elite turning on one of their own, but by the journalism of a redoubtably tenacious Sydney Morning Herald investigative reporter, Kate McClymont. In December 2023, <a href="https://www.smh.com.au/national/he-d-go-the-grope-alan-jones-accused-of-indecently-assaulting-young-men-20231205-p5epai.html">she claimed</a> Jones had used his position of power, first as a teacher and later as the country’s top-rating radio broadcaster, to allegedly prey on a number of young men. In response to McClymont’s work, the NSW police set up Strike Force Bonnefin, run by the State Crime Command’s Child Abuse Squad, to conduct an investigation into Jones. <figure><iframe src="https://www.youtube.com/embed/0ExkpCtfmA8?wmode=transparent&start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> On November 18 2024, Jones was arrested at his Circular Quay home and charged initially with 24 sexual offences against eight males. The following day, two <a href="https://www.abc.net.au/news/2024-11-19/alan-jones-charged-with-additional-offences-nsw-police/104617680">additional charges</a> were laid involving a ninth male. Through his lawyers, Jones has denied the charges and was bailed to appear in Sydney’s Downing Centre Local Court on December 18. He <a href="https://www.smh.com.au/national/alan-jones-arrested-over-allegations-he-indecently-assaulted-young-men-20241118-p5krdu.html">was ordered</a> to surrender his passport and not to contact or harass the alleged victims. The charges relate to offences alleged to have been committed by Jones between 2001 and 2019, the youngest alleged victim being 17 at the time. Those dates coincide almost exactly with Jones’s most influential years, from 2002 to 2020. McClymont <a href="https://www.smh.com.au/national/a-stunning-development-kate-mcclymont-on-alan-jones-arrest-and-what-s-next-20241118-p5krln.html">has spoken</a> about the reluctance of some of her interviewees to speak, for fear of what Jones might do: "People were too afraid to take on Alan Jones. Once a couple of people came forward, and some people were happy to be publicly named, that gave confidence for other people to come forward.<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/243942/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" />" <a href="https://theconversation.com/profiles/denis-muller-1865">Denis Muller</a>, Senior Research Fellow, Centre for Advancing Journalism, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> Image credits: Getty Images This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/alan-jones-once-seemed-unassailable-what-ended-it-was-a-peculiarly-sydney-story-of-media-politics-and-power-243942">original article</a>. </div>

Legal

Sad end in search for young boy swept out to sea

A body has been recovered in the search for a young boy swept out to sea in front of his family while on a fishing trip at The Entrance, NSW over the weekend. Laith Alaid, 11, was crossing a channel about 5pm on Sunday when he was caught in the outgoing tide. His father managed to save his other three sons aged, three, seven and nine, but he could not reach Laith in time. Bystanders looked after the three children while Laith's father tried to reach him. “(The father) came here by himself and with his four beautiful boys ... and he tried to save them all, he saved three and by the time he turned around (Laith) was gone ... in a split second,” family member Zeid Alhirz said. The family were visiting the Central Coast from Sydney and had been fishing when it is understood they took a shortcut across the channel between an estuary and the ocean. Relatives said they had visited and fished at the popular tourist spot for years and had crossed the channel at least three times before tragedy struck. An extensive multi-agency search was conducted and on Wednesday police were called back to The Entrance after a body was found in the water. “While the body is yet to be formally identified, it is believed to be that of the missing boy,” NSW Police said. Inspector David Piddington said “lots of people try to move across that channel” but he advised against it. A report will be prepared for the coroner. Images: 7News

Caring

Investigation launched into deaths of two police dogs

Detectives are investigating the deaths of two police dogs after they were found dead in a police vehicle in Sydney's south. Police dog Xtra and development dog Soldier had attended a development day with their handler in Lucas Heights. Authorities said the two German shepherds had been kept in air-conditioned pods in the police vehicle purpose-built for them. Their handler made the tragic discovery when they went to check on the dogs about 12.30pm on Thursday. “They were taken to a specialist veterinary clinic but were unable to be revived,” NSW Police said in a statement. An investigation overseen by detectives from the Sutherland Police Area Command and Fleet Services is now underway. Authorities did not reveal any information about how they died or whether there were problems with the vehicle. Commissioner Karen Webb paid tribute to the highly trained German shepherds, who were vital for officers serving the community. “Today is a very sad day for the Dog Unit and the thoughts of the whole police family are with them,” Webb said. “We owe it to PD Xtra and DD Soldier to conduct a thorough investigation.” Assistant Commissioner Stephen Hegarty said the loss would be felt deeply by the police officers. "Our focus is on the welfare of all staff involved with ongoing support services made available to them," he said. Xtra gained accreditation as a general-purpose dog in 2018 while Soldier only began service with the Dog Unit in February this year for training and development. Image: NSW Police Force

Family & Pets

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

A new $1 million reward is being offered for information about each of the murders of three First Nations children around 34 years ago. 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. Evelyn and Clinton's remains were found in nearby bushland, but Colleen's have never been found. The murders were initially investigated separately before being linked by the homicide squad. 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. “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. Detectives are also going to be spending the week in Bowraville to speak to locals who may have information about the children's deaths. A man, who can't be named for legal reasons, was acquitted of Clinton's murder in 1994, and Evelyn's murder in 2006. The case was the subject of two police investigations, multiple trials, a coronial inquest, and a parliamentary inquiry. 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. However, the court refused to grant special leave to the NSW government to appeal against the decision. In 2019, hundreds protested in front of the gates of the Court of Appeal when a retrial was denied. Images: 7pm TV News NSW/ ABC News

Legal

Millions warned over huge change to speed cameras

For years, drivers in New South Wales have relied on the point-to-point speed camera rule, which only captures the speed of heavy vehicles, but that rule is set to change as part of a new trial as the state attempts to lower their death toll. The point-to-point, also known as average speed cameras are set to be turned on for all vehicles in two regional locations during the trial. The first location will be 15-kilometre stretch on the Pacific highway between Kew and Lake Innes in Port Macquarie, and the second location will be on the Hume Highway between Coolac and Gundagai, with 16km between the two cameras. “NSW is the only jurisdiction in the world to use average speed cameras but restrict their use to heavy vehicles only,” Roads Minister John Graham said. “In the context of a rising road toll, now is the time to trial these cameras for light vehicles and understand if we can keep more people safe on the road more of the time.” He added that all other states in Australia, as well as the UK and Norway have found the average speed cameras to be effective. “All other mainland Australian states and countries like the UK, Norway, Italy and the Netherlands have found average speed cameras to be effective and we aim to be as rigorous as possible to be sure they will also reduce road trauma in NSW.” “Rather than test your speed at a particular point in time, like a mobile speed camera, these test the speed you’re driving over 15 or 16 kilometres,” he said. “That means it’s a truer reflection of how quickly people are driving.” He added that the trial is focused on regional NSW as it has suffered a disproportionate amount of road fatalities, with six road deaths and 33 serious injuries between 2018 and 2022. “Although only a third of people live in regional New South Wales, that’s where two thirds of the deaths from road crashes happen," he said. Speeding contributed to 44 per cent of NSW road fatalities last year, three-quarters of which were in the regional parts of the state. The trial will run for six months, and for those caught speeding, they will be given a 60-day warning letter period, before financial and licence penalties kick in. Images: news.com.au

Legal

Bill Shorten quits politics and reveals his next move in heartfelt speech

Bill Shorten has announced his shock departure from politics after an almost two-decade-long career in parliament. The former Labor leader will remain in cabinet until his retirement from politics in February next year, when he will start a new career as vice chancellor of the University of Canberra. In a media conference in the Prime Minister’s courtyard on Thursday, Shorten made the shocking announcement alongside Anthony Albanese, reflecting on his career. “Over 30 years ago, when I joined the Australian Workers Union, I was driven by the belief that everyone, regardless of circumstance, deserves an equal opportunity,” Mr Shorten said. “The opportunity to fulfil their potential. Fair wages, safe workplaces, decent conditions, that is what they are all about. It’s about recognising the merit and worth of every individual. As the same principle that brought me here in 2007.” "Every day in this job, and I'm sure every member of parliament agrees, is a privileged day." He also shared his motivation behind moving into the education sector, highlighting his love of education. “Education is the modern means of taking someone from disadvantage to advantage in a way that no other method can,” Mr Shorten told a media conference in the Prime Minister’s court yard. <div> <div id="sda-INARTICLE"></div> </div> “Universities have a critical role to play. The hopes and dreams of Australians are lifted when they are able to fulfil their own potential and the hopes and dreams of our nation are lifted as well.” Albanese also praised his colleague and his extraordinary career, saying, "Through his years as leader, no-one worked harder than Bill." "No-one brought more energy, enthusiasm, ideas and ambition to advocating the need for a Labor government." Image credits: ABC

News

Grandmother's body found 800km from home

Police have revealed the body of a Queensland grandmother has been found 800km from home in bushland near a main tourist area. Wendy Hansen, 63, was last seen at an ATM in her hometown Monto - about 170km west of Bundaberg, Queensland - on February 29 this year. She was reported missing when she didn't return home, with police finding CCTV footage of her driving 400km south on Queensland's main highway on February 29. Queensland Police continued their public push for information in the months that followed, but on Thursday, NSW police revealed that they found her body half buried in bushland near Jordan Esplanade in Coffs Harbour on June 18. NSW homicide detectives are now looking for her vehicle, a silver 2007 two-door Mitsubishi Pajero with Queensland registration plates 645TCZ. In a statement on Thursday, NSW detectives appealed to the public for help with finding her car. "As investigations continue detectives are appealing to the public for any information, CCTV or dashcam footage that may assist the investigation to contact NSW Police or Crime Stoppers on 1800 333 000," they said. "Detectives are specifically interested in the location of Wendy’s car which has not yet been located and are urging anyone with dashcam vision of the car to contact police immediately." Images: NSW Police

Caring

With more lawsuits potentially looming, should politicians be allowed to sue for defamation?

<div class="theconversation-article-body"><a href="https://theconversation.com/profiles/brendan-clift-715691">Brendan Clift</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> Western Australia Senator Linda Reynolds is already <a href="https://www.theguardian.com/law/article/2024/aug/19/linda-reynolds-brittany-higgins-defamation-trial-fiona-brown-ntwnfb">embroiled</a> in a bruising defamation fight against her former staffer Brittany Higgins. Now, Opposition Leader Peter Dutton is reportedly <a href="https://www.skynews.com.au/australia-news/politics/peter-dutton-to-seek-legal-advice-after-zali-steggall-called-him-racist/video/9ce7c850f30fb1bd324831f2ec2f21b5">considering suing</a> independent MP Zali Steggall after <a href="https://www.smh.com.au/politics/federal/steggall-brands-dutton-a-bully-amid-spectre-of-legal-action-20240819-p5k3ez.html">she told him</a> to “stop being racist”. It has become impossible to miss the fact that our political class – including some who invoke freedom of speech while disparaging others – is remarkably keen on defamation litigation in response to actual or perceived slights. It’s rarely a good look when the powerful sue the less powerful. It is an especially bad look for a democracy when politicians, who enjoy not just power but privileged access to communication platforms, pursue legal avenues likely to bankrupt all but the best-resourced defendants. <h2>The freedom to speak one’s mind</h2> <a href="https://pages.eiu.com/rs/753-RIQ-438/images/Democracy-Index-2023-Final-report.pdf">Flawed democracies</a> such as Singapore are rightly <a href="https://link.springer.com/chapter/10.1007/978-981-99-5467-4_4">condemned</a> for leveraging defamation law and compliant courts against political dissent. While Australia’s situation is less problematic, our defamation laws historically favour reputation over freedom of speech. An oft-cited case in contrast is the United States, where politicians and other public figures can succeed in defamation only if they prove the publisher knew they were communicating a falsehood, or were reckless (careless to a very high degree) as to the truth. Statements of opinion – for instance, that Donald Trump is racist – are practically never in violation of the law. In the words of the <a href="https://supreme.justia.com/cases/federal/us/314/252/">US Supreme Court</a>: <blockquote> it is a prized American privilege to speak one’s mind, although not always with perfect good taste, on all public institutions. </blockquote> The US approach is based on the <a href="https://supreme.justia.com/cases/federal/us/274/357/">classical liberal idea</a> that “the fitting remedy for evil counsels is good ones”: speech should generally be free, and public debate in the marketplace of ideas will sort out right and wrong. <h2>Putting conditions on free speech</h2> The argument for free speech without guardrails may be losing traction in a post-truth world. Many modern audiences, willingly or not, occupy echo chambers and filter bubbles in which biases are reinforced rather than challenged. It is almost as if the High Court of Australia foresaw this in <a href="https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1997/25.html">a 1997 defamation case</a> where it held that Australia’s Constitution did not require total freedom of political communication. Reasonable limits were appropriate because widespread irresponsible political communication could damage the political fabric of the nation. Although the High Court reached its conclusion via <a href="https://www8.austlii.edu.au/cgi-bin/viewdoc/au/journals/SydLawRw/2005/2.html">textual interpretation</a> of the Constitution rather than deeper philosophical musings, the court’s position reflects modern preoccupations with how speech should be regulated in a democracy. But the political appetite for defamation litigation in this country suggests the law has not yet struck the right balance. <h2>The point of defamation law</h2> <a href="https://www.smh.com.au/politics/nsw/business-owner-can-t-sue-over-one-star-google-review-judge-rules-20230124-p5cf05.html">Recent reforms</a> to defamation law have tried to eliminate frivolous lawsuits by introducing a threshold requirement of serious harm to reputation. A better approach may have been to presume that all defamation is trivial. Unlike other civil wrongs, which often result in physical injury or property damage, defamation’s effect on a person’s reputation is intangible. Unfairly tarnished reputations can usually be repaired by a public apology and correction, perhaps aided by nominal compensation for hurt feelings and to deter further defamation. It is therefore a mystery why courts and legislatures have allowed defamation proceedings to become some of the most complex and expensive civil claims around, and why damages are <a href="https://www.bbc.com/news/world-australia-48379980">so large</a>. A high-profile case can easily generate <a href="https://www.theguardian.com/australia-news/2024/apr/24/bruce-lehrmann-defamation-trial-legal-costs-channel-10-brittany-higgins-rape-allegation-ntwnfb">millions of dollars</a> in legal costs on both sides, dwarfing the final award which might itself run to hundreds of thousands of dollars. Taiwan offers a useful contrast. There, although politicians can sue for defamation, proceedings are relatively simple and damages are <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2668444">much smaller</a> – one might say proportionate to the harm done. Under both approaches, the successful litigant, whether it be the publisher or the person whose reputation has suffered, is vindicated. Surely that is the point. Where only the wealthy can afford to assert their rights, and where vindication of reputation takes a back seat to airing grievances, punishing opponents and enriching lawyers, defamation law is in a state of dysfunction. <h2>Should pollies sue?</h2> It’s sometimes said that politicians should not be able to sue for defamation at all because they themselves can say what they like under the protection of <a href="https://www.aph.gov.au/about_parliament/house_of_representatives/powers_practice_and_procedure/00_-_infosheets/infosheet_5_-_parliamentary_privilege#:%7E:text=What%20is%20parliamentary%20privilege%3F,the%20law%20of%20the%20Commonwealth.">parliamentary privilege</a>, immune from defamation and other speech laws. Parliamentarians do enjoy that protection, but its personal benefit is secondary. Parliamentary privilege, like courtroom privilege, exists because the nature of democratic (and judicial) deliberation requires that anything can be said. If a politician steps outside parliament and repeats a defamatory statement first made within its walls, they are vulnerable to being sued. <a href="https://www.abc.net.au/news/2021-03-03/sarah-hanson-young-david-leyonhjelm-defamation-appeal/13210042">David Leyonhjelm</a> learned this the hard way, and <a href="https://www.smh.com.au/politics/federal/steggall-brands-dutton-a-bully-amid-spectre-of-legal-action-20240819-p5k3ez.html">Steggall</a> may, too. It’s reasonable that politicians should also have rights of action in defamation. But those rights must be constrained according to what is appropriate in a democratic society. A way to better align defamation law with democratic expectations may be to return cases to the state courts and reinstate juries to a prominent role. Currently, the <a href="https://www.smh.com.au/national/the-death-of-juries-and-the-rise-of-blockbuster-federal-court-defamation-trials-20240125-p5ezyv.html">overwhelming majority</a> of cases are brought in the Federal Court, where they are decided by a judge sitting alone. If a public figure claims their reputation has been tarnished in the eyes of the community, we should test that factual claim with members of that community under the legal guidance of a judge. That might make for a welcome injection of common sense.<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/237026/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/brendan-clift-715691">Brendan Clift</a>, Lecturer in Law, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> Image credits: Instagram 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/with-more-lawsuits-potentially-looming-should-politicians-be-allowed-to-sue-for-defamation-237026">original article</a>. </div>

Legal

Man fined $7000 for driving offences he did not commit

A New South Wales man has copped $7000 in fines and lost his licence, after he was fraudulently nominated for 14 driving offences by a woman in Victoria. Speaking to 2GB, Ross claimed he was falsely nominated through cars registered to two companies in Victoria, and shared an image of the woman behind the wheel. "I haven't been to Victoria in the last five years and I haven't driven a car in Victoria in the last five years," he told host Ben Fordham. "It's not me." Fordham then questioned whether he had "flowing long hair" as seen on the driver, to which he replied: "I don't, unfortunately. It's short hair." Ross, whose licence has been suspended, has been trying to clear the offences from his name. He has spoken to several government departments in both states including Service NSW and Vic Roads, submitted statutory declaration, police report, request of an extension and a nomination statement, to no avail. "I've tried to highlight that I'm a male and she is a female but it's still ongoing," Ross said. "It's a very convoluted process. "When someone assumes your identity in a fraudulent manner, it's no easy feat kind of getting it back." Fordham, who said the situation was "unbelievable", promised to step in and solve the matter for Ross within 24 hours, saying that they'll discuss this again tomorrow. Image: Nine

Legal

Aussies urged to claim their share of millions of unclaimed cash

Aussies are being urged to claim their share of $577 million which is sitting unclaimed with Revenue NSW, with about $234 million of that designated as belonging to residents who have yet to claim it. During the last financial year, NSW Government returned more than $21.8 million in unclaimed funds to Aussies, setting a record in the process. The unclaimed funds are comprised of payments, refunds, unpresented cheques, dividends and other money that organisations cannot transfer to its rightful owners, sometimes due to something as simple as changed addresses or bank accounts. While $234 million is being held by the government for NSW residents who are known, the further $343 million is designated to those who live outside New South Wales or are currently unknown. For Sydney residents alone, approximately $85.4 million is currently waiting to be claimed by rightful owners. The average amount of unclaimed money owed on the register is $391, and more than $154 million has been claimed back from the government in the past decade. “Despite doing our best to give unclaimed money back to the people it’s owed to, we’re still seeing more money referred to us than people are claiming,” Chief Commissioner of State Revenue Scott Johnston said. “We want to make sure everyone knows about the unclaimed money register, so they can jump online, find out if any money is owed to them and undertake the process to get it back." “That way we can ensure more money is being returned to those it belongs to, rather than sitting with us for extended periods of time after enterprises and organisations pass it on.” You can find more information about the unclaimed funds, and search the register for your share on <a href="https://www.revenue.nsw.gov.au/unclaimed-money" target="_blank" rel="noopener" data-link-type="article-inline">Revenue NSW’s website</a>. Image credits: Shutterstock

Money & Banking

Cops charged after allegedly assaulting 92-year-old

Two police officers have been charged after allegedly assaulting a 92-year-old man in Sydney’s southwest. The officers attended a home at Campbell Street, Picton, after 8:45pm on January 21, following reports of a domestic incident. "The 92-year-old man received injuries which were allegedly the result of an interaction with the officers," a NSW Police statement reads. "He was taken to hospital where he was admitted with a fracture to his right elbow, and significant bruising to his head and arms." Following an internal investigation - which began the day after police attended the home - a male senior constable and a male constable, both from the South West Metropolitan Region, were given court attendance notices yesterday for assault occasioning actual bodily harm. The constable is also facing a further charge of assault. NSW Police Commissioner Karen Webb said that police responded to over 140,000 domestic violence matters every year and they review all the responses the following day. She also said that it was "too hard to say" whether a domestic violence matter took place at the home, and it appeared that a resident at the home had dementia. "It's obviously a complex matter when you have someone elderly, someone who has mental decline through dementia, or through something else, that can actually articulate any concerns to police properly." However, no-one has been charged with domestic violence. One of the officers will appear at Campbelltown Local Court on July 30, and the other is due to appear at the same court on August 6. Both officers will be suspended with pay. Image: Nine

Legal

Racist street name set to change

The name of a street in northern NSW is set to be changed after an Uber driver stumbled across it and alerted locals to its racist background. Byron Shire Council announced that Hottentot Crescent in Mullumbimby, will soon be renamed Moonlight Close, after the council deemed Hottentot - a racist term for Indigenous South Africans - no longer appropriate for use. Jonny Simons, a local man who moved to Australia from South Africa in the 1980s, was the first person to petition for the name change back in November, after the Uber driver tipped him off. He garnered 383 signatures in the petition, but not all residents and community members supported the change. Last year, there were 12 submissions from past and present residents objecting to the council's name change proposal. One resident insisted on keeping the name saying: “My understanding is that our street name was chosen decades ago, after a tree, the Hottentot Bean Tree (Schotia Brachypetala). Never in my time as a resident here, have I heard another person ever relate the street name in regards to a racial slur." “While I appreciate the concerns raised, it is essential to acknowledge that names can change in meaning and connotation over the years. “Altering the street name would greatly impact residents and the council long term with endless administrative changes and potential financial costs.” However, five other submissions were in favour of the change, with one writing: “a racial slur is a racial slur even if a tree is named after it. As much as I loved the sound of the name, it has to go.” A few other names were put forward, including Drunken Parrot Place - named after a nearby tree full of lorikeets getting drunk in spring and summer - but the council ultimately decided on Moonlight Close. In November, following community consultation, the council’s director of infrastructure services Phillip Holloway, recommended the name change “on the basis that there is more lasting value in trying to minimise the type of hurt this particular name could cause some people over the long term", over avoiding costs to the residents in the short term. He added that many of the residents were unaware of the racist connotation of the name "beyond naming the relevant tree", and that "the tree name itself is racially loaded" because it is linked to the slur used towards the Khoisan people "who used the tree for food during South Africa’s colonisation.” Simons, who petitioned for the change, said he doesn't hold anything against the residents who were against the name change as "they didn't know what it meant". "They thought it was the name of a tree, but that tree was named as such because the Khoisan people of South Africa ate the fruit of that tree," he said. Image: Google Maps

Legal

Alleged killer cop files lawsuit against NSW Police

The former police officer accused of murder has now filed a lawsuit against the NSW Police for bullying and harassment. Former NSW Police senior constable Beau Lamarre-Condon is accused of shooting Jesse Baird, 26, and his partner Luke Davies, 29, at Baird’s Paddington house in February and disposing of the bodies on a rural property near Goulburn. While still awaiting trial over the alleged murders, the suit against the police force has been filed, with Sunrise newsreader Edwina Bartholomew sharing the updates. “The defence lawyer for accused killer cop Beau Lamarre-Condon says his client is continuing with a lawsuit against the NSW Police Force for bullying and harassment while he was a constable,” Bartholomew said. Lamarre-Condon's lawyer John Walford confirmed the move to <a href="https://www.dailytelegraph.com.au/subscribe/news/1/?sourceCode=DTWEB_WRE170_a_TCA&dest=https%3A%2F%2Fwww.dailytelegraph.com.au%2Ftruecrimeaustralia%2Fpolice-courts-nsw%2Fchilling-unseen-photos-of-beau-lamarrecondon-cosying-up-with-exlover-he-allegedly-killed%2Fnews-story%2F4fdbac4f0dac6d7ea38b3094e808e3ab&memtype=anonymous&mode=premium&v21=LOW-Segment-1-SCORE" target="_blank" rel="noopener">The Daily Telegraph</a>, saying, “Yes, action against police is continuing … it’s huge.” The former officer has been in protective custody at the Metropolitan Remand and Reception Centre at Silverwater in Sydney's west for the past four months and sources close to the 28-year-old say his mental state is deteriorating. "He's not doing real well at the moment," a source told <a href="https://www.dailymail.co.uk/news/article-13471215/Beau-Lamarre-Condon-Chilling-pictures-accused-killer-Jesse-Baird-Luke-Davies.html" target="_blank" rel="noopener">Daily Mail Australia</a> in April. "Obviously it's set in now - what's happened and the allegations and where he is. I think the rot's set in mentally-wise. He's at a low point at the moment. He's very down. He's hit the lows." Lamarre-Condon is expected to front court again on June 18th. Image credits: 7News / Shutterstock

Legal

Hundreds arrested in domestic violence crackdown

More than 550 people in NSW have been arrested in a state-wide crackdown on domestic and family violence. Operation Amarok VI ran from last Wednesday to Saturday, and in that time police arrested 554 people and made a total of 1070 charges. Of those arrests, 226 were wanted by police for alleged serious domestic violence offences, according to a NSW police spokesman. "Anyone who commits this heinous crime can expect a knock at their door," Police Minister Yasmin Catley said. "Operation Amarok is just one part of the police response. Last year, almost 150,000 calls for assistance were made to the NSWPF for domestic violence-related matters. "This shows the severity of the situation, the huge amount of police time and resources that go into addressing this epidemic and how important it is for prevention, early intervention and crisis support services to work together." Some of most significant arrests include a a 53-year-old man who allegedly threatened a woman with an imitation gun in Kempsey. Officers searched the home and seized the weapon and some cannabis. A 23-year-old woman was also arrested in the state's west after allegedly stabbing a relative around 2:30 am on May 17. The older relative received multiple stab wounds to the abdomen, head, and back and was taken to a local hospital where police were called. She was later flown to the Royal Adelaide Hospital in a critical condition. The 23-year-old was charged with wound person intend cause grievous bodily harm and was refused bail to appear in Dubbo Local Court on May 18. NSW Police Executive Sponsor for Domestic and Family Violence, Deputy Commissioner Peter Thurtell said that the operation allowed police to conduct a targeted blitz of those who have been flagged as the worst domestic violence offenders. “We demonstrated last week that we will target and arrest the offenders no matter where they are located. We saw significant arrest numbers in our regional communities, and we also saw arrests for offences that occurred allegedly while the offender was in jail," he said. "These Amarok VI results send a powerful message to offenders, and the community at large, that we do not tolerate domestic and family violence in any form, and our efforts will continue." Images: NSW Police

Legal

Heartbreaking twist after mum dies on her way to a wedding

A mother has been killed in a horrific car crash while on her way to a wedding in regional NSW, just hours after announcing she was expecting her third child. Shellymaine Ah Foon, 32, her partner Troy, and their two young daughters, aged six and two, were on their way to a wedding in Mudgee, NSW when their SUV crashed at Aarons Pass, about 2pm on Friday. Foon was left with critical injuries and was taken to Mudgee hospital, but soon passed away. Her partner was seriously injured and airlifted to Westmead Hospital to undergo surgery after suffering several fractures to both limbs on his left side. Their two daughters were also taken to the same hospital. A family member, who wished to remain anonymous, confirmed the sad detail to 7News. “We spoke to Shelly on the Thursday night, and she told us she was pregnant,” she said. “She was meant to go for tests when she came back from Mudgee to see how far along she was.” Foon was remembered as a "social butterfly" who could “strike up a conversation with anyone.” “She was very family oriented, was always there for anyone who needed anything, she was very selfless with her time,” the family member said. “Her death has really impacted a whole community of people,” she added. A <a href="https://www.gofundme.com/f/in-loving-memory-of-shellymaine-ah-foon" target="_blank" rel="noopener">GoFundMe</a> page has since been organised to help cover funeral costs, support Troy following his surgery, and help Foon's family, who are largely based overseas. “Troy won’t be able to go to work while he recovers,” the woman said. “He still has to undergo rehab, and he will be on crutches for some time.” Their two daughters have since been discharged from the hospital, and are in the care of family while Troy recovers. The family friend added that Foon's love for her kids was exceptional saying: “she was the light of Troy and her girls’ lives. “Their world has changed forever and the love their Mum gave them will never be replicated ever again.” Police said investigations are still underway into the circumstances leading up to the crash, with the other driver taken to Mudgee Hospital with minor injuries. Images: 7News

Caring

Firefighter praised for sweet interaction with three-year-old

A cooking mishap for one Aussie family ended with a heartwarming moment shared between a firefighter and a young girl meeting her hero for the first time. Firefighters were called to a home at Blue Haven on the NSW Central Coast on Saturday, after a fire broke out on a kitchen stove top and spread to the range hood. They were quick to put out the blaze and just as they were about to leave, three-year-old Mia was too excited to meet her heroes that she couldn't let them leave just yet. "Once we got there and ascertained that there was no fire spread to the roof and other areas... their daughter decided to take me away into the room to see the new books she got," Doyalson Fire and Rescue Station Manager Dirk Ziekenheiner told Yahoo News. "Which I then obviously took the opportunity to read," he added. A picture of the sweet moment was shared on social media, with the firefighter sat on one of Mia's pink chairs and the three-year-old keenly listening to him read the story. Mia also impressed the firefighter with her own safety knowledge, as she shared her understanding of calling Triple-Zero in an emergency, how to escape a fire and the importance staying outside after evacuating. "Obviously her parents did really well and schools pass on the message, and you know that safety messages are key to surviving a house fire, especially these days," Ziekenheiner said. "If you don't know what to do, and you never plan for it, then you're probably behind the eight ball... this girl was amazing, she knew all those key messages which is really important." Aussies praised the firefighter in the comments of the post, with many of them commenting on how "cute" the moment was. Mia's father, James, also added that his daughter was very excited to meet her heroes despite the circumstances. "Mia watches a lot of children's TV shows which feature firefighters so she already knows they're heroes and they rescue people," James said. "Having now seen first-hand the great work they do, we'll continue to spread the word about fire safety and we encourage others to do the same. "Our family never thought we'd come this close to losing our home to fire, so the key is to not be complacent about the risks." Image: Fire and Rescue NSW / Facebook

Caring

Leaker of gruesome shark attack photo revealed

The New South Wales Ambulance Service is facing criticism and backlash after a staff member <a href="https://www.oversixty.com.au/health/caring/leaked-photo-of-sydney-shark-victim-sparks-urgent-probe" target="_blank" rel="noopener">leaked a graphic image</a> of the wounded leg of Sydney shark attack victim Lauren O'Neill. The incident occurred after O'Neill fell victim to a bull shark attack in Sydney Harbour, just metres away from her residence. This breach of privacy has not only added to the distress of O'Neill and her loved ones but has raised serious concerns about the protection of patient confidentiality. The graphic image, taken inside the emergency room as medical professionals worked to stabilise O'Neill, was shared online by a member of the NSW Ambulance staff. This action not only violates the fundamental principle of patient privacy but also calls into question the ethical conduct expected from healthcare professionals in such sensitive situations. NSW Ambulance issued a public apology, acknowledging the breach of privacy and expressing sincere regret for the additional distress caused to O'Neill and her family. The statement also revealed that discussions with O'Neill's family led them to believe that a NSW Ambulance staff member was responsible for the privacy breach. “NSW Ambulance sincerely apologises to Ms O’Neill for the breach of her privacy and the additional distress it has caused her and her loved ones at this most difficult time,” a spokesperson said. “We spoke with Ms O’Neill’s family this afternoon and informed them that we believe a NSW Ambulance staff member was responsible for the breach of her privacy. “NSW Ambulance takes its patient privacy obligations very seriously and is continuing to investigate this breach to determine the full details of the incident.” St Vincent's Hospital, where Ms. O'Neill was taken for urgent medical attention, has launched its own investigation into the matter, along with the involvement of NSW Police. The gravity of the situation is underscored by the fact that O'Neill's right leg was in jeopardy, and the medical teams worked tirelessly to save it. O'Neill, a microbiologist, has expressed her gratitude to the heroic neighbours, to NSW Ambulance paramedics, Kings Cross Police and the surgical teams at St Vincent's Hospital for their swift and caring actions. However, the unfortunate leak of the graphic image has marred what should have been a focus on her recovery and gratitude towards those who aided her in the aftermath of the terrifying attack. As O'Neill transitions from the Intensive Care Unit to a recovery ward, it is crucial for the public to reflect on the importance of patient privacy and the trust placed in healthcare professionals during moments of vulnerability. The breach has sparked outrage among the public, with many demanding accountability and stricter measures to prevent similar incidents in the future. Images: Instagram

Legal

Our Partners

Over 60

News

Shop

Catalogues

Contests

Entertainment

Travel

Health

Lifestyle

Finance

Property

Games

Information

Keep up to date

Search

Disgraced former cop launches legal action against NSW Police

"Two strikes and you're out": Crackdown on dodgy taxi drivers

NSW Government refunds millions of Covid fines

Alan Jones once seemed unassailable. What ended it was a peculiarly Sydney story of media, politics and power

Sad end in search for young boy swept out to sea

Investigation launched into deaths of two police dogs

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

Millions warned over huge change to speed cameras

Bill Shorten quits politics and reveals his next move in heartfelt speech

Grandmother's body found 800km from home

With more lawsuits potentially looming, should politicians be allowed to sue for defamation?

Man fined $7000 for driving offences he did not commit

Aussies urged to claim their share of millions of unclaimed cash

Cops charged after allegedly assaulting 92-year-old

Racist street name set to change

Alleged killer cop files lawsuit against NSW Police

Hundreds arrested in domestic violence crackdown

Heartbreaking twist after mum dies on her way to a wedding

Firefighter praised for sweet interaction with three-year-old

Leaker of gruesome shark attack photo revealed

Our Partners