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Australia

‘I hope you’re happy’: Scorned lover Jenny takes down cheating ex Steve in brutal newspaper advertisement

Revenge is a dish best served cold … or in a newspaper’s ad page, using your cheating ex’s credit card.

Readers of Mackay and Whitsunday Life in Queensland’s east got a shock when they picked up their Friday edition and saw a full-page ad from a scorned lover called Jenny.

“Dear Steve, I hope you’re happy with her,” the open letter read.

“Now the whole town will know what a filthy cheater you are. From Jenny.

“PS I bought this ad using your credit card.”

paper
Camera IconPage four of the Friday edition of the Mackay and Whitsunday Life, featuring Jenny’s letter. Mackay and Whitsunday Life Credit: Supplied

Mackay and Whitsunday Life have been inundated with “dozens” of messages since the shocking letter went to print on page four.

“We do not know who Steve is, but apparently he’s been very very bad,” the newspaper said.

“We won’t be revealing any details about Jenny.”

But unfortunately the final piece of Jenny’s revenge seems to have not been pulled off.

“We have not charged the credit card in question,” Mackay and Whitsunday Life said.

But Jenny’s actions were met with praise from her legion of new-found fans.

“Jenny sounds like someone I want to be friends with,” one person said.

“Not all heroines wear capes. Jenny is my new favorite person,” said another.

“Couldn’t love this more if I tried LOL… Good on you Jenny,” proclaimed another amused commenter.

However some members of the public were not as kind to Steve.

“Never trust Steve,” one said.

“I would have charged the card,” another person brutally said.

“Everyone who knows a Steve and Jenny have suddenly sat up and taken notice,” someone joked.

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Australia

Clive Palmer ordered to pay bulk of defamation costs from Mark McGowan court battle

clive palmer will bear the majority of the costs from his defamation battle with mark mcgowan but West Australian taxpayers remain on the hook for some expenses.
Federal Court Justice Michael Lee on Thursday ordered Palmer to cover the costs of the WA premier‘s cross-claim from December 22 last year, around when the billionaire had rejected his rival’s offer to settle the proceedings.

I have ordered that both parties cover their own expenses incurred prior to that date.

Clive Palmer from the United Australia Party ahead of his address to the National Press Club of Australia in Canberra on Thursday 7 April 2022. fedpol Photo: Alex Ellinghausen
Clive Palmer will bear the majority of the costs from his defamation battle with Mark McGowan. (The Sydney Morning Herald)

McGowan, whose trial barrister Bret Walker SC is reported to charge up to $25,000 per day, on Thursday told parliament he didn’t know the full amount but there would be some cost to taxpayers.

Justice Lee last week found Palmer and McGowan had defamed each other in 2020, when they feuded over Western Australia’s COVID-19 response and a damage claim involving one of Palmer’s mining projects.

He ordered Palmer to pay $20,000 to McGowan, who was in turn directed to pay $5000 to the Queensland businessman.

In a letter sent to Palmer’s lawyers last December, McGowan’s legal team proposed discontinuing the proceedings with both sides bearing their own costs.

Palmer did not respond to the proposal, the court heard.

Justice Lee said the billionaire had been obliged to resolve the proceedings as quickly as possible, having launched them in the first place.

“The notion that Mr Palmer and Mr McGowan are equally responsible for these proceedings having consumed significant private and public resources cannot be reconciled with the objective facts,” the judge said.

WA Premier Mark McGowan addresses the media at a doorstop interview after a visit to Bentley Hospital in Perth, WA, on Monday 16 May 2022. fedpol ausvotes22 Photo: Alex Ellinghausen
WA Premier Mark McGowan. (The Sydney Morning Herald)

“Both men went too far in their political jousting, and both men litigated, but only one was willing to draw back and avoid a long and costly hearing.”

It should have been evident in December that the cost of the litigation was “disproportionate to any benefit it was likely to produce”, Justice Lee added.

Palmers lawyer Barry Dean earlier said the offer had been made late in proceedings and would have deprived his client of the court’s vindication.

“The main point is that ultimately my client did succeed on his claim,” Dean told the court.

Palmer had sought up to $30 billion in damages over a 2012 decision by the former Liberal state government not to assess his proposed Balmoral South iron ore project.

The McGowan government in 2020 rushed through extraordinary legislation to block the claim.

Speaking under parliamentary privilege on Thursday, McGowan claimed Palmer had sought to “force his hand” through the defamation lawsuit.

“His real frustration was my government’s legislation that stopped him taking us for $30 billion,” the premier said.

“I believe his real motivation was to get billions of dollars from taxpayers… by the construct of suing me for defamation.”

The premier added that the $20,000 in damages he had been awarded would be returned to state coffers.

Justice Lee last week found McGowan’s insults against Palmer – including labeling him an “enemy of the state” – were not trivial but ultimately caused very little damage to his reputation.

Palmer’s attacks on McGowan had probably only enhanced the premier’s reputation and popularity within his home state, the judge said.

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Australia

Former Ashley Youth Detention Center detainees lodge class action over alleged abuse

More than 100 former detainees of Tasmania’s Ashley Youth Detention Center have lodged a class action in Tasmania’s Supreme Court, alleging they were whipped, kicked, bullied, encouraged to join gangs, sexually abused and stripped naked.

Warning: This story contains details some readers may find distressing.

The court documents include numerous allegations made by four plaintiffs, with the action launched on behalf of another 101 former detainees.

Out of the 101, the earliest claimant alleges abuse dating back to 1961, while the most recent is from 2019.

“That’s a span of just under 60 years,” lawyer for the plaintiffs Angela Sdrinis said.

“On one level it was surprising and appalling. On another level we know children in care, not just in Tasmania but in Australia and around the world, have been victims of abuse.”

The court documents detail the claims of the four men, dating back to the early 1990s.

They allege the former detainees were physically or sexually assaulted by staff or other detainees at the Ashley Youth Detention Center (AYDC) and their complaints about the incidents were dismissed.

The plaintiffs say that as far as they were aware, complaints were not recorded and no action was taken.

In particular, it is claimed that staff would enter detainees’ cells to commit physical and sexual assaults or deliberately leave doors unlocked, knowing that detainees would enter the rooms, sometimes as gangs, “to commit violent physical and sexual assaults on each other.”

One man, known as JC, alleged that he found the body of another inmate the morning after the inmate was beaten by staff. A coronial inquiry found the assault had taken place two weeks earlier and cleared the staff.

Another plaintiff, known as CA, alleged that after he fought off a sexual attack by a staff member, he was assaulted by other staff members, knocked unconscious, and locked in an isolation cell naked for five days with only a blanket.

He also said that on numerous occasions he was exposed to the sounds of other detainees being sexually assaulted in their cells by staff at night.

The third plaintiff, RI, claimed that after he refused to perform oral sex on a staff member, he was “punched and knocked out by other staff” and had to go to Launceston General Hospital.

All four men allege they now have post-traumatic stress disorder due to their time there, with some experiencing frequent flashbacks, nightmares and suicide attempts.

The buildings of the Ashley Youth Detention Center sit behind a tall fence.
The center is about to be the subject of the Commission of Inquiry into Institutional Responses to Child Sexual Abuse.(ABC News: Luke Bowden)

AYDC ‘didn’t vet staff properly’

The claim also takes aim at staff hiring, training and supervision at the detention center.

It is alleged that not only did some of the staff have sexual or physical allegations against them, but there were also members of outlaw motorcycle gangs such as the Rebels and Outlaws working at the centre.

One plaintiff claimed that on numerous occasions he saw staff members encouraging details to contact gang members when they were released.

It is alleged that AYDC did not vet staff properly and had no — or at least not adequate — systems for de-escalating confrontations with detainees or supervising staff to ensure they were not verbally, physically or sexually abusive.

Instead, it claimed staff used inappropriate force, punished detainees who tried to make complaints against other staff, assaulted them and exposed them to other detainees who were known or alleged to have engaged in physical or sexual violence against previous detainees.

In one example, JC alleged that after he misbehaved, he was removed by four guards who proceeded to abuse him.

“[They] grabbed him by the neck, threw him to the ground, kicked him in the ribs, and dragged him across the yard to his cell, where he was thrown onto a wooden bed and held down with pressure to his neck until he lost consciousness,” the document says.

“When JC regained consciousness three hours later, he was naked and handcuffed. JC was not provided with medical attention.”

‘Don’t forget, children as young as 10 were sent to Ashley’

Plaintiffs also described instances of being shoved, throttled, punched, whipped, stripped naked, almost drowned, abused to the point where they needed to be hospitalized, and denied medical attention after suicide attempts.

The claims also detail degrading strip searches with guards who would harass and laugh at details.

“A common occurrence when children were admitted to Ashley was that they would be strip searched,” Ms Sdrinis said.

A woman with silver hair crosses her arms.
Ms Sdrinis said the evidence that would come out of the public hearing into the detention center would be “confronting”.(ABC News: Maren Preuss)

“They’d have the scabies cream applied to them whether or not they had scabies… we’ve been told it burnt the skin, including in the genital area.

“Don’t forget, children as young as 10 were sent to Ashley.”

But these allegations are not revelations.

The issues with the detention center are well known and just last year the state government announced it would close it down.

It is also about to be the subject of the Commission of Inquiry into Institutional Responses to Child Sexual Abuse, with hearings set to start late next week.

“I believe the evidence that will come out of the public hearing into Ashley will be very confronting as well,” Ms Sdrinis said.

A spokesperson for the state government said they were unable to comment as “legal action has been flagged.”

“The Commission of Inquiry will be examining the AYDC in the upcoming hearings and as we have shown, we will not hesitate to act where required to ensure our children and young people are safe,” they said.

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Australia

Whistleblower lawsuit alleges financial misconduct and dubious expenditures inside Hillsong Church

A whistleblower suing Hillsong in the Federal Court has alleged the megachurch moved millions of dollars in payments through overseas entities to avoid scrutiny by the Australian charities regulator.

ABC Investigations can reveal the Australian Charities and Not-for-Profits Commission (ACNC) launched an investigation into Hillsong in March, which is examining its compliance obligations as a registered charity.

The existence of the ACNC probe was revealed in Federal Court documents lodged by former Hillsong employee Natalie Moses on Wednesday as part of a Fair Work case against the church.

The documents allege dubious financial record-keeping, the misappropriation of church finances, and claim Hillsong leaders used tax-free money for “large cash gifts” to Hillsong founder Brian Houston and his family.

The 25-page statement of claim filed by Ms Moses’s lawyers at Maurice Blackburn includes accusations Hillsong illegally hid its international transfers by making payments through its US-based entities.

Hillsong Church is yet to file a response in the Federal Court and Ms Moses is the sole source of the allegations in her statement of claim.

The church’s lawyers told the ABC it will defend the matter.

“We are further instructed that Hillsong is continuing to work with the inquiries made by the Australian Charities and Not-for-Profit Commission,” they said.

“As the matter is now before the Federal Court of Australia, it is inappropriate to make any further comment.”

Ms Moses, who worked within the church’s financial department, claimed the Australian leadership team suspended her employment after she refused a directive to deceive regulators about its overseas activities.

a woman smiling while learning up against her dog, which is in a vest
Natalie Moses was employed by Hillsong for more than two years.(Supplied)

Her lawyers argue Hillsong contravened the Fair Work Act, claiming it breached its own whistleblower policy by preventing her from raising serious complaints about the church’s financial operations.

“There are very serious allegations that our client makes about Hillsong effectively misleading an investigation [by] the ACNC,” Josh Bornstein, who is representing Ms Moses in her employment law case, said.

“There are concerns that Australian taxpayers are being ripped off by Hillsong.

“On top of that, [the allegations] also raise moral and ethical issues about the conduct of a religious institution and what appears to be a cowboy culture operating within that empire.”

A red shadow i is cast on female worshipers in a dark room during a church service
Hillsong’s global empire includes campuses, ministries, and musicians across six continents.(Facebook: Hillsong)

Court documents allege internal audits conducted by Ms Moses uncovered dubious bookkeeping unlikely to be compliant with legislation and which would bring the church into disrepute if those details were ever made public.

She claims this included leaders making “significant” gifts to church directors and their family and friends, as well as using credit cards to pay for international travel and designer products.

Hillsong was misleading donors, whistleblower alleges

Ms Moses was employed as the church’s fundraising and governance coordinator on March 25, 2020.

Her responsibilities included ensuring the “Hillsong Global Corporate Group” — entities overseeing religious and business activities across Australia, the US and the UK — were compliant under the Australian Charities Not-for-Profit (ACNFP) Act.

She alleged in her statement of claim the church repeatedly breached charity rules, particularly in regard to transferring money to fund overseas projects.

A man with a short dark hair smiling in a professional photograph
Hillsong’s chief financial officer Peter Ridley.(Linkedin: Supplied )

Many Australian Hillsong entities are prohibited from doing this because the money would no longer be subject to local oversight designed to ensure the funds are appropriately spent on charitable services.

Ms Moses claimed she regularly raised concerns with chief financial officer Peter Ridley about how Hillsong should manage its financial operations.

The statement of claim suggested the two were often at loggerheads about the church’s compliance obligations.

During a telephone call in early March 2022, Ms Moses alleges she raised the alarm about Australian Hillsong entities asking for donations to renovate Melbourne’s iconic “Festival Hall”, which was purchased by a Hillsong-related entity in 2020.

She allegedly warned Mr Ridley the church may be committing fraud and misleading its followers by spending money it was falsely claiming it was tax deductible.

Image of Ruel performing at Festival Hall
Hillsong Church was receiving donations to renovate the iconic Festival Hall in Melbourne.(Supplied: Ruel/Michelle Grace Hunder)

She also complained it was unethical and illegal for the church to use tax-deductible donations given to its charity arm, the Hillsong Foundation Trust, in 2022 to cover the church’s $9 million deficit.

The Hillsong Foundation Trust’s stated mission is “to bring care and justice to vulnerable groups in the name of Jesus.”

Ms Moses alleges during the telephone call Mr Ridley “became angry and dismissive and said he just did not understand what Ms Moses’ problem was”.

‘God protects the righteous’

Less than a month after the Festival Hall conversation, the ACNC commenced an investigation into four Australian Hillsong entities to determine if the church was complying with its legal obligations.

At about the same time, Ms Moses was tasked with preparing internal responses to the ACNC investigation.

It was during a March 29, 2022 meeting that Mr Ridley allegedly told key members of the financial department that the charity regulator was putting Hillsong under the microscope.

The statement of claim said the chief financial officer declared in this meeting that God would shield Hillsong during the probe because “God protects the righteous and Hillsong is the righteous.”

Ms Moses said it was after this March 29 meeting that she approached the ACNC anonymously about making a whistleblower inquiry and was advised to obtain independent legal advice.

A man in a black suit and white top standing besides a woman in a denim jacket on stage with bright lights
Brian and Bobbie Houston established Hillsong in 1983 in Sydney’s north-west. (Facebook: Hillsong )

It is alleged that in this meeting Mr Ridley instructed Hillsong’s financial controller to not proceed with a pending cash payment representing five per cent of the megachurch’s income, but instead offset it against money owing.

“The consequence was that there was no record of any cash payment from Hillsong Church to the United States of America,” the statement of claim reads.

Ms Moses also alleged Mr Ridley directed the finance department to reverse a payment owed to a pastor responsible for Hillsong Tokyo as a “transaction error” and instead make the same payment from the US-based Hillsong Global entity.

An ACNC spokesperson said it was “unable to comment or confirm on compliance activity unless it is already in the public domain, or if we take action against a charity”.

“Such action includes issuing warnings and directions, suspending or removing responsible persons, and ultimately, revoking charity registration,” the spokesperson told the ABC.

Ms Moses claimed she ultimately decided against lodging a whistleblower inquiry because she hoped the ACNC’s investigation would force the church to rectify its compliance issues.

However, she continued to keep records and copies of her conversations with Mr Ridley. Her lawyers say she is prepared to produce them in court if necessary.

‘Lying could bite him in the butt’

According to the statement of claim, Ms Moses’s internal audit of the church’s finances uncovered questionable expenditures as well as a need for church leaders to better declare conflicts of interest.

She also alleges artists who were classified as “pastors” were receiving half their salaries tax-free, while also earning millions of dollars in royalties from the sale of music.

A man in a suit with short gray hair and glasses stands outside court
Maurice Blackburn lawyer Josh Bornstein is representing Ms Moses in her employment case against Hillsong Church.(ABC News: Sean Warren)

On May 30, 2022, Mr Ridley allegedly told ACNC investigators that Hillsong did not send money overseas beyond small service purchases and that its US operations were disassociated from its Australian entities.

Ms Moses claimed she told the chief financial officer he had lied to the regulator and warned the ACNC could easily disprove him by obtaining board documents or making the connection that Australian staff were managing its US entities.

“Ridley’s lying could bite him in the butt,” the statement of claim reads.

That same month, it is alleged Mr Ridley asked Ms Moses ahead of a meeting with the ACNC to help come up with an acceptable story to give them that would explain transactions between Hillsong’s global entities, which had previously concerned the regulator.

“Ms Moses said she was not comfortable coming up with lies to tell the ACNC,” her claim reads.

Court documents state the relationship between Ms Moses and Hillsong collapsed about June 10, when she discovered she had lost access to her company emails and share files.

On June 14, she said Hillsong advised her that she was suspended.

The statement of claim said Hillsong expressed concern that Ms Moses had downloaded some 40,000 confidential work documents, something Ms Moses claims was necessary to her daily duties.

Court documents state the next day, on June 15, Hillsong staff were informed Ms Moses was taking personal leave.

Ms Moses alleges she was emailed about 24 hours later by a Hillsong human resources representative who threatened to contact the police if she did not return another laptop issued to her.

The case brought by Ms Moses is expected to be heard in the Federal Court later this year.

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Australia

Australian-born judge held in detention in Kiribati, despite court ordering his release | Kiribati

An Australian-born high court justice continues to be held in immigration detention in Kiribati, despite an order from the country’s court of appeal on Friday morning ordering his release.

David Lambourne, who serves on the high court of Kiribati and is a long-time resident of the country, was detained on Thursday after a failed attempt by the Kiribati government to deport him, contrary to court orders.

The appeals court of Kiribati ordered Lambourne be released pending a further hearing next week, but the judge remained in a motel in the capital, Tarawa, with a police officer stationed outside the entrance. Lambourne’s passport has also been seized.

‘It’s a very sad day for the constitution in Kiribati’: Australian-born judge detained – video

Speaking to the Guardian at the airport in Tarawa on Thursday as officers attempted to detain him, Lambourne called the actions “an unlawful order to remove me in defiance of the order of the court of appeal”.

“It is a very sad day for the constitution in Kiribati,” he said.

Lambourne told ABC TV on Friday he believed the attempt to deport him was politically motivated; Lambourne’s wife, Tessie, is the opposition leader.

The ongoing separation-of-powers saga, which in recent months has seen the government suspend both Lambourne and the chief justice, New Zealand judge William Hastings, exploded on Thursday morning when police attended Lambourne’s home with a deportation order.

An urgent hearing by the appeal court, consisting of three retired New Zealand judges, saw the Kiribati authorities ordered not to proceed with the deportation.

Immigration officials nonetheless attempted to forcibly place Lambourne on a Fiji Airways flight on Thursday afternoon. After a dramatic standoff – which saw the flight captain refuse to allow authorities to board Lambourne, following which the flight was denied permission to take off – the judge was detained and taken to nearby accommodation. The plane eventually departed.

The court reconvened on Friday morning to consider an urgent application for Lambourne’s release. The court ordered his release from him and barred the government from making further attempts to deport him, pending further litigation.

The court condemned efforts to deport Lambourne. “Their efforts were unsuccessful but appear to have been in clear breach of our order which we understand had been shown to them by a court officer,” the judgment said. “Such behavior is unacceptable and risks putting… the persons directly concerned in contempt of court. It must cease.”

Dr Tess Newton Cain, senior research fellow and project lead for the Pacific Hub at Griffith University’s Asia Institute, expressed concern about the latest developments. “The fact that the government was prepared yesterday to deport David Lambourne in contravention of an order from the court of appeal is a huge red flag when it comes to the rule of law in Kiribati,” she said.

In a statement on his Facebook page, the office of the Kiribati president said: “The Government of Kiribati abides by the laws and the constitution of Kiribati and has a higher duty to protect the interest of the people of Kiribati. It is disheartening to see neocolonial weaponizing forces the laws that have been enacted to protect a Kiribati person to pursue their own interest and suppress the will of the people.”

With Lambourne and Hastings suspended, and the commission of two court of appeal judges shortly expiring, Kiribati is on the verge of having no functional judiciary.

A spokesperson for Australia’s Department of Foreign Affairs and Trade told the Guardian it was monitoring the situation and providing consular assistance to Lambourne.

“The broader issues between the government of Kiribati and its judiciary are matters for the government of Kiribati to resolve, consistent with its constitutional and legal processes,” said the spokesperson.

Australia and New Zealand are Kiribati’s primary development partners, although Chinese influence in the country has been growing since Kiribati withdrew its diplomatic recognition of Taiwan in 2019.

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Australia

Sydney Water guilty of polluting Prospect Creek with 280,000 liters of sewage

Sydney Water has been convicted of polluting a Western Sydney creek by discharging hundreds of thousands of liters of untreated sewage into the waterway.

The guilty verdict relates to an incident on January 15, 2019, which saw a major sewage overflow into the Prospect Creek at Carramar.

Prospect Creek is a major tributary of the Georges River and is used for recreational activities like fishing.

The contamination occurred after a sewer main at Carrawood Reserve in Carramar failed and the nearby pumping station had to be shut down so repairs could be undertaken.

Sydney Water knew there was risk sewage would overflow while the pumping station was shut down and arranged for tankers to be present to transfer the sewage to an alternative location.

However, the tankers were not able to keep up with the volume of overflow as site constraints meant only two tankers could operate at one time.

This meant raw sewage flowed through an underground pipe into the creek.

The incident was described as “significant” by a Sydney Water employee who notified NSW Health, NSW Fire and Rescue, WorkCover as well as the Environment Protection Agency (EPA).

It was estimated by a senior scientist from the NSW Department of Environment that between 11:59 pm on January 15 and 1:26 am on January 16 more than 280,000 liters of sewage overflowed from the pumping station.

Overflow from the broken main was estimated to be 318,000 litres.

This meant faecal bacteria in Prospect Creek exceeded the national guidelines for water quality by up to 7,900 times, the judgment said.

The overflow also caused increased levels of ammonia, and sewage odor and changed the color of the waterway.

Large areas of Coleman Park and the playing fields at Carrawood Oval were also affected.

Sydney Water argued a defense of necessity, claiming the overflow was necessary to avoid more dire consequences of failing to repair the main.

“The necessity … arose because shutting down the pumping station was required to prevent … unacceptable risk of harm to human health or life if the main was not able to be repaired as quickly as possible,” the judgment said.

However, Justice Tim Moore rejected this defence, noting there wasn’t sufficient evidence concerning the state of mind of those who decided to shut down the station.

The EPA brought three charges against Sydney Water for the incident, but the government-owned corporation was only found guilty on one count, which related to the decision to shut down the pumping station.

The authority, which pleaded not guilty to all charges, will be sentenced on September 6.

Sydney Water told the ABC it “welcomes” the finding of the court and will continue to work with the EPA to “protect and enhance the environment”.

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Australia

Vet who treated polo ponies that survived Spirit of Tasmania journey gives evidence

Sixteen of the 18 horses that traveled on a Spirit of Tasmania ferry trip in 2018 likely died about eight hours into the voyage, a court has heard, and the two that survived were the last loaded onto their converted refrigeration trailer.

Ferry operator TT-Line is fighting 29 charges of breaching the animal welfare act, including that it failed to ensure the horses were individually stalled and to ensure there was adequate ventilation.

The Burnie Magistrates Court has heard the professional polo ponies were exposed to high temperatures, increasing their respiratory demand, and likely died about eight hours into the voyage across the Bass Strait.

Sophie Doake, a vet based in Victoria, told the court she had not been informed of the fate of the other horses when she was called to help.

She said one of the two surviving horses had a respiratory rate of 40 breaths per minute, far above eight to 16 that would normally be expected.

A red boat docked at a wharf with cars parked in the car park.
The horses likely died about eight hours after boarding the Spirit of Tasmania.(ABC News: Luke Bowden)

She also said that horse had a heart rate “double what it should have been”.

As a result, Dr Doake said the horse would have “without a doubt” been in a level of pain.

It was only after she completed her examination of the horse she was informed of the circumstances of the incident.

She said it was her understanding that the horse was the second last to be loaded on the trailer.

Horse transport truck parked on Spirit Of Tasmania ferry.
The trailer that carried the horses had a gap where the tailgate is located.(Instagram: chelcroz)

The only other surviving horse was in good condition, and Dr Doake understood that horse was the closest to the trailer’s tailgate.

The court had previously heard a gap where the tailgate is situated meant more air was able to get in.

More evidence to eat

Evidence in the long-awaited hearing against the state-owned company began to be heard on Thursday after TT-Line’s defense lawyers launched multiple unsuccessful attempts to adjourn the proceedings.

Two men, one woman holding, wearing masks, walk across a road outside Burnie Supreme and Magistrates sign, rainy day.
TT-Line defense lawyers argue no-one could have foreseen the deaths of the 16 polo ponies.(ABC News: Lachlan Bennett)

The court began hearing evidence from an investigator into the deaths, Biosecurity Tasmania’s Debra Grull, who appeared in court on Friday.

Dr Grull told the court she had transported up to six horses at a time across Bass Strait in a personal capacity.

“It’s about making sure that the horse not only merely survives the transport but undertakes the crossing well,” she said.

Dr Grull said well-ventilated transportation was “crucial” to a horse’s health and welfare.

Defense lawyers argued Dr Grull did not demonstrate any specialized knowledge in horse transportation.

They said comments around ventilation were “opinion” and she did not have adequate qualifications to make them.

Magistrate Leanne Topfer ruled Dr Grull was able to give the evidence.

Aerial view of Barnbougle Polo January 2018 event, north east Tasmania.
The ponies had competed at an event at Barnbougle in north-east Tasmania.(Supplied: Barnbougle Polo)

The hearing was added until next week, when Dr Grull will continue giving evidence.

Former Australian polo captain Andrew Williams, who was driving the trailer, changed his plea to guilty in July to charges arising from the incident.

He is due to be sentenced at a later date.

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Australia

NSW Labor frontbencher Walt Secord issues ‘unreserved apology’ in wake of Broderick report

Senior NSW Labor frontbencher Walt Secord has “unreservedly apologized” for his conduct, after a review into workplace culture at NSW parliament.

Mr Secord has acknowledged that he can be “too blunt and too direct in a fast-paced workplace”, especially with “strict deadlines and highly-stressful situations”.

“If any parliamentary staff members feel that my conduct in the workplace was unprofessional and caused offense or distress and was unacceptable, I unreservedly apologise,” he said in a statement.

Mr Secord’s statement followed an ABC investigation, in which several of Mr Secord’s current and former colleagues named him as having engaged in bullying behaviour.

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Australia

Canberra man accused of money laundering as a result of joint FBI-AFP investigation faces court

A Canberra man arrested in spectacular circumstances last month, after police seized more than $10 million in assets and cash, has appeared for the first time in the ACT Magistrates Court.

Karan Talwar, 35, is facing three charges of dealing with property reasonably suspected of being the proceeds of crime.

Police allege Mr Talwar laundered money and cryptocurrency through complex transactions from the sale of personal identification information, illegal goods and scams.

It is alleged he has accumulated a significant number of assets with the money he has made.

Police have seized eight Canberra houses, four cars, luxury goods including handbags and more than $1 million in cash.

A police officer stands in front of a car as it is towed away
Four high-end cars were seized by police. (Supplied)

Police also targeted 28 bank accounts and about $600,000 in cryptocurrency.

At the time of the arrest, police searched two homes and a storage unit seizing documents and devices as well as cash.

Mr Tulwar was identified as part of an international investigation into money laundering involving the FBI.

He did not enter a plea and will return to court next month.

A man in a suit walks outside the ACT Magistrates court
Mr Talwar (left) is on police bail after he was arrested last month. (ABC NewsEmma Thompson)

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Australia

Australian-born Kiribati judge fights ‘extraordinary’ deportation move

Sydney barrister Perry Herzfeld, SC, acting for Lambourne, told the court the circumstances of the case were “extraordinary” and officials attempted to deport Lambourne on Thursday on a Fiji Airways flight, triggering a standoff between the airline and the government. The airline took the view that it would not board Lambourne without his consent from him in light of the court order on Thursday.

“The government then took the position that if Fiji Airways didn’t board him, the aircraft wouldn’t be permitted to leave at all,” Herzfeld said. The flight eventually departed without Lambourne on board, but he was escorted by police to a hotel where he was detained.

“We now understand that the government has, despite this court’s order, continued to try to arrange Justice Lambourne’s deportation, this time via a Solomon Islands flight scheduled for over the weekend,” Herzfeld said.

The court heard that President Taneti Maamau, acting as immigration minister, made a second deportation order after the court’s orders on Thursday on the grounds that Lambourne had been “declared a threat or risk to security”.

Monoo Mweretaka, Kiribati’s Deputy Solicitor-General, appeared in court on behalf of the Attorney-General and was grilled about why Lambourne was declared a security risk.

Court of Appeal Justice Peter Blanchard, a former New Zealand judge, said: “Might I say that what you are doing to Mr Lambourne has more potential to adversely affect Kiribati’s international wellbeing, judging by what I’m reading in international papers, than anything Mr Lambourne’s done.

“Nothing you’ve said so far comes close to convincing me that the government has got a case here. You may be able to produce one by next Friday.”

Asked why Lambourne could not reside at his home until the hearing next Friday, the Deputy Solicitor-General said: “You have to understand that Mr Lambourne’s wife is the leader of the Opposition, and there are supporters that always come to the house.

“We believe that once we put Mr Lambourne in the house, there would be something… going [to] happen.”

Blanchard replied: “So, the government’s motivation is, in fact, political?”

“No, no, no,” Mweretaka replied.

“Why did you mention the fact that his wife was leader of the Opposition?” Blanchard said.

Mweretaka said that “people always come to the house, so we don’t want any problem”. He alleged Lambourne was also breaching a recent visitor visa condition by working in Kiribati. Herzfeld said the allegations made against his client were “not accepted”.

The Court of Appeal – Blanchard, Rodney Hansen and Paul Heath – ordered on Friday that Lambourne be released on bail on the conditions that he resides at home and not visit the courthouse at Betio before next week’s hearing.

The court said it was “reasonably arguable” that any deportation under existing orders issued by the government would be unlawful, an issue that will be determined finally after next week’s hearing.

The court made clear that its previous order preventing Lambourne’s immediate deportation applied to the most recent deportation order. However, it is not clear whether the government will attempt to deport Lambourne over the weekend in defiance of that order.

The Attorney-General suspended David Lambourne as a judge in May, citing unspecified misconduct grounds.

The High Court presently is not functioning in Kiribati after the government also suspended the nation’s chief justice, distinguished New Zealand judge William Hastings, in late June. Hastings was due to hear a legal challenge by Lambourne to his suspension of him.

The government had previously sought to stop Lambourne re-entering the country from Australia but he returned this month on a visitor visa.

The Court of Appeal noted in its judgment on Friday that the Kiribati President attempted on Thursday to “recall, vacate and nullify” Lambourne’s appointment in 2018 as a High Court judge and to reappoint him for a term that expired on June 30 last year. The court said it doubted whether this was a valid use of specific power in the Constitution.

A Department of Foreign Affairs and Trade spokesperson said the government was “aware that suspended High Court Judge David Lambourne was served with a deportation order on 11 August and asked to leave Kiribati.

“DFAT is in direct contact with Mr Lambourne and officials from the High Commission in Tarawa are providing consular assistance. Due to our privacy obligations we cannot disclose further details.

“Our High Commission in Kiribati is continuing to monitor the situation closely and has sought further information from the government of Kiribati.

“The broader issues between the Government of Kiribati and its judiciary are matters for the government of Kiribati to resolve, consistent with its constitutional and legal processes.”

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