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St Clare’s principal Kerrie McDiarmid to lead St Mary’s Cathedral College

The head of all-girls St Clare’s College has been appointed the new principal of one of Sydney’s oldest all-boys schools as it prepares to become fully co-educational.

Kerrie McDiarmid will take on the role as head of St Mary’s Cathedral College, the historic inner-city boys’ school, which is set to expand into a kindergarten to year 12 co-ed campus after more than a century of single-sex education.

Kerrie McDiarmid is the new head of St Mary's Cathedral School.

Kerrie McDiarmid is the new head of St Mary’s Cathedral School.Credit:Nick Moir

She will be the first woman to head the college – the oldest of 150 Catholic schools in the Sydney Archdiocese – which is the alma mater of Prime Minister Anthony Albanese who campaigned there in the week before the election with Sydney’s Catholic Archbishop Anthony Fisher.

“Having boys and girls together at a school with such a long history is a real opportunity to help prepare them for the world after they graduate,” McDiarmid said.

The proposal to shift the school, which was established in 1824 and run by three different religious orders until 2016, to become co-ed was put to parents in June. If given the green light, it will expand into a kindergarten to year 12 co-ed school with a second city campus nearby and capacity to double enrollments to up to 1400 students.

St Mary’s is part of a wave of Sydney all-boys schools converting to co-ed: Cranbrook, which has admitted only boys for more than a century, will be co-educational from years 7 to 12. Newington, another high-fee private boys school, put a co-ed proposal to parents earlier this year. Barker and The Armidale School became co-ed in the past decade.

Anthony Albanese campaigned at St Mary's College leading up to the election.

Anthony Albanese campaigned at St Mary’s College leading up to the election. Credit:alex ellinghausen

“I don’t see all schools going down the co-ed path, but it makes absolute sense for this school. There is demand for that in the [inner-city] and there has been a definite movement towards co-ed experience. We want to produce well-rounded students who have the skills and perspectives, like respect, co-operation and initiative, that allow them to flourish at school and after they leave,” McDiarmid said.

St Mary’s, which charges $5,189 for year 12, would be the fifth new co-ed school created under Sydney Catholic Schools in the past 10 years. A proposal to overhaul De La Salle Senior College in Cronulla into a year 7 to 12 co-ed school is with parents for consultation, while De La Salle in Ashfield is set to merge with an adjacent girls’ school, Bethlehem College.

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Australia

Kumanjayi Walker inquest no longer starting in Yuendumu at family’s request

The inquest into the death of 19-year-old Kumanjayi Walker, who was shot by a Northern Territory police officer in 2019, will no longer begin in his home community of Yuendumu.

WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains an image of a person who has died, used with the permission of their family.

Kumanjayi Walker died after he was shot by Constable Zachary Rolfe during an attempted arrest in Yuendumu in November 2019.

Constable Rolfe was found not guilty of murder after a five-week Supreme Court trial earlier this year.

Northern Territory Coroner, Libby Armitage, will preside over a three-month inquest into his death, which had earlier been flagged to start in the remote community, about 300 kilometers from Alice Springs.

A person holds a t-shirt with the words 'justice for walker, never again' above their head.
Family and supporters of Kumanjayi Walker requested the inquest no longer begin in Yuendumu. (ABC News: Michael Franchi)

‘Change in circumstances’ in Yuendumu

Legal representatives of Mr Walker’s family and community today told the Coroner it would no longer be “appropriate” for the inquest to start in Yuendumu.

Representatives for the Lane, Walker and Robertson families, who cared for Mr Walker, said a “change in circumstances” in Yuendumu meant their feelings towards the inquest being held in community had changed.

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Australia

Christian Porter defamation documents to remain sealed until 2052

Decades-long secrecy orders have been made over files related to former senior morrison government minister Christian Porter’s now-settled defamation case against the ABC.

The former MP denied the allegations.

Christian Porter discontinued his defamation case against the ABC last month.
Christian Porter discontinued his defamation case against the ABC in May, 2021. (Alex Ellinghausen)

That legal action, settled outside the Federal Court in May 2021, sprouted a protracted battle over a judge’s ruling that disqualified prominent silk Sue Chrysanthou SC from representing Porter.

The final chapter in the legal saga closed on Monday with the former MP agreeing to pay substantial legal costs after failing to overturn the disqualification order.

After ruling on costs, the Full Court of the Federal Court ordered the unredacted versions of certain exhibits to remain secret for at least a decade.

One document tendered in the legal battle was ordered to remain suppressed until 2052.

ABC Managing Director David Anderson has revealed the court battle with Christian Porter cost the broadcaster $780,000.
ABC Managing Director David Anderson revealed the court battle with Christian Porter cost the broadcaster $780,000. (Alex Ellinghausen)

Mr Porter had appealed the disqualification of Chrysanthou and about $500,000 in potential costs after losing a legal battle against the friend of a woman who allegedly raped her in 1988.

That friend, Jo Dyer, consulted with Chrysanthou about a potential defamation claim against News Corp for an article in The Australian in November 2020, providing confidential information that was potentially relevant to Porter’s lawsuit against the ABC, Justice Tom Thawley found in May last year.

On appeal, Porter argued Dyer hadn’t provided confidential information to Chrysanthou and disputed the information could potentially be misused in his defamation lawsuit.

But the Full Court found there was a chance the leading barrister may have received material outside of what Porter could obtain through his case against the ABC, even if Chrysanthou had since forgotten that information.

“It is no answer that Ms Chrysanthou had forgotten things: one cannot exclude the possibility that recollection can be triggered or of subconscious derivative use,” Justice Michael Lee wrote in July.

“Although Ms Chrysanthou was mistaken in the judgment she formed (to represent Mr Porter), no finding was made by the primary judge that her view was not formed in good faith.”

Chrysanthou also lost an appeal against Dyer over her disqualification, with the court on Monday ordering each side pay their own costs.

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Australia

Manase Fainu detained over Wattle Grove church stabbing

She was satisfied Fainu had been convicted of an offense for which he will be sentenced to full-time imprisonment and was not satisfied special or exceptional circumstances existed to refuse the application. It was granted and Fainu was taken into custody.

The judge was concerned by the lapse in time since he had last sought psychiatric treatment and that he had been resistant as recently as the weekend, and said a significant amount of time had passed for Fainu to prepare himself mentally and financially for custody.

Manase Fainu (right), supported by fellow Manly player Josh Aloiai (centre), outside court last month.

Manase Fainu (right), supported by fellow Manly player Josh Aloiai (centre), outside court last month.Credit:Wolter-Peeters

Williams said while Fainu had been “substantially in the glare of the media” it did not amount to a relevant circumstance, but would be appropriate to raise during sentencing.

She asked that he be immediately triaged by Justice Health and referred to a treating psychiatrist.

Williams acknowledged a character reference from Manly coach Des Hasler who said he “genuinely believes that Manase had it all and more” and he had no doubt Fainu was “destined for greatness”.

Defense barrister Margaret Cunneen, SC, said Hasler described a “Superman complex” faced by young men, believing no harm can come to them, as magnified by the pressure of professional sport.

“He also makes the point that, these last three years, his absence in the NRL can never be retrieved,” Cunneen said.

She had submitted that Fainu’s mental health was “extremely precarious”, and if he had presented to hospital over the weekend, “it would’ve been in the newspapers straight away”.

“It’s extraordinary, but a rugby league player in Sydney … found guilty of any offence, is subject to more publicity than any other person in society, perhaps, unless it was a famous actor or some such thing,” Cunneen said.

She argued Fainu would struggle to adjust in custody, having “suffered a most enormous downfall, an unthinkable downfall”, and his father had taken ill with suspected heart problems after the verdict.

Manase Fainu in action during the 2019 NRL season for Manly.

Manase Fainu in action during the 2019 NRL season for Manly.Credit:NRL Photos

Counselor Jan Earl, who runs Elite Athletes Wellbeing Services, said Fainu developed a dependence on prescription drugs after shoulder surgery in 2019 but had been sober since 2020 and did not drink alcohol as it was against his church values. His former psychiatrist died from cancer earlier this year.

Earl told the court Fainu had exceptional wealth and rose through the ranks but if he was incarcerated, “his career is definitely over.”

She said that while subject to the NRL’s no-fault stand-down policy, Fainu had been “shunned like a black cat”, and money was used from the 2023 rugby league contracts of two of his younger brothers to pay for his legal fees.

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Speaking at a press conference on Friday, Hasler said Fainu had remained active and involved with the club and described the verdict as “just a shock”.

Manly chief executive Tony Mestrov said comment was limited given Fainu’s barrister had raised an intention to appeal. Cunneen previously said the verdict was a “perverse” one on the evidence.

“As per we’ve done throughout this whole process, we’re going to support Manase in any way we can, particularly from a wellbeing point of view,” Mestrov said.

Fainu will be sentenced at a later date.

For help in a crisis call 000. If you or anyone you know needs support, you can contact Lifeline 131 114, or Beyond Blue 1300 224 636.

Our Breaking News Alert will notify you of significant breaking news when it happens. Get it here.

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UWA law graduate Luigi Rayapen pleads guilty to sexually assaulting woman on Rottnest Island

A former law student at the University of Western Australia has been told he is facing a possible jail term after pleading guilty to sexually assaulting a woman during post exam celebrations at Rottnest Island.

Luigi Ignace Rayapen, 26, admitted abusing the woman, who was in her 20s, as she tried to sleep in a bed in a bungalow on the holiday island in the early hours of July 1, 2020.

The District Court was told the woman, who cannot be identified, did not know Rayapen, but said he could stay the night at the accommodation she was sharing with others after they had been out drinking.

Three other people were in the room when the abuse happened, including a friend of the woman who was in the same bed.

A close up of Luigi wearing graduation robes
The court heard Rayapen assaulted the woman as she tried to sleep.(Facebook)

State Prosecutor Rebekah Sleeth said the woman woke up to Rayapen rolling her over and groping her but she pretended to remain asleep in the hope he would stop what he was doing.

However, Rayapen did not and so she repeatedly told him to stop and kept pushing his hand away from her body.

She also tried to kick her friend who was sleeping nearby.

The court heard Rayapen also squeezed her breast so hard it left a bruise and he also bit her on the face while trying to kiss her.

A headshot of Luigi who has olive skin and dark hair
Raya pen only backed off when the woman grabbed him around the throat, the court heard.(Facebook)

It was not until the woman grabbed Rayapen around the throat that he eventually backed away.

Ms Sleeth said the woman then woke up her friend and told them what happened.

Rayapen was told to leave but he would not and ended up staying the night at the bungalow.

Guilty pleas entered for two charges

The court heard Rayapen later said to the woman he was “sorry” and that he hoped she could forgive him.

However, when she saw a police car driving past the bungalow, she flagged it down and reported what happened.

Aerial of Rottnest Island
Rottnest Island lies 18km off the coast of Perth. (Supplied: Rottnest Island Authority)

Rayapen was originally facing four charges, but he pleaded guilty to one count of indecent assault causing bodily harm and one count of [digital] sexual penetration without consent.

The remaining two charges were discontinued on what Ms Sleeth said were “public interest” grounds.

Luigi pictured with two other men wearing old-school suits pictured in a ballroom
Luigi Rayapen was a law student at the University of Western Australia. (Facebook)

Rayapen’s barrister, Julie Condon QC, requested the matter be adjourned, telling the court the defense needed more time to prepare its submissions.

Rayapen had ‘mental health issues’

She said they may include a psychiatric report on Rayapen whom she said had “some mental health issues.”

Ms Condon also said her client had recently completed his degree.

Luigi pictured in front of canals while overseas
Rayapen was on the committee of the Blackstone Society at UWA.(Facebook)

Judge Laurie Levy agreed to release Rayapen on bail until the sentencing hearing, but he told him not to take that as an indication of the penalty he may receive.

“I don’t want you to think because you’ve been granted bail you are not going to jail,” Judge Levy said.

Judge Levy said people “commonly” go to jail for these types of offenses.

Rayapen is due back in court next month.

While studying law at UWA, Rayapen was on the committee of the Blackstone Society which describes itself as the peak representative body for students in the law faculty.

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Australia

Thor Morgan shooting death results in murder charge laid against Cambodian man

A man will face court today after he was charged with murder over the death of a 25-year-old man in Toowoomba earlier this year.

Police allege Thor Morgan was driving a car on Ruthven Street in Harlaxton when a firearm was discharged from a stolen dual cab and he was shot in the head about 2.50am on March 15.

Mr Morgan succumbed to his injuries at Brisbane’s Princess Alexandra Hospital two months later on May 16.

Police say divers recovered a firearm from a northern branch of the Condamine River on July 26 which police will allege was the weapon used in the incident.

a police diver holds up a gun found in the river
Police say they found a firearm in the Condamine River in July.(Supplied: Queensland Police Service)

A 24-year-old man has been charged with murder, arson of a motor vehicle, unlawful use of a motor vehicle and unlawful possession of weapons.

Police said they had been searching for the weapon for four months.

A gun sits in a ute tray
Police allege a weapon recovered from the river was used to shoot Mr Morgan.(Supplied: Queensland Police Service)

They allege a number of stolen cars were involved in the incident — a gray station wagon, which had been stolen from a Newtown home in February, and a white SUV stolen from a Mount Lofty address in March.

The cars were later found burnt out — one in Felton and another one in the Oakey area.

Investigations are ongoing.

A police car parked on the left hand side of the road with police tape across the road
Police blocked off a Harlaxton street after the shooting in March.(ABC Southern Queensland: David Chen)

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Woman stabbed multiple times in Hunter region, another woman in custody

A woman has been stabbed several times to the upper body in the New South Wales Hunter region.

Emergency services were called about 10am to Segenhoe Street at Woodberry near Maitland where they found a 39-year-old woman with multiple stab wounds.

She was treated at the scene and later transferred to John Hunter Hospital in a serious condition.

A 37-year-old woman was arrested at the scene and taken to Raymond Terrace police station for questioning.

Police officers went from door to door speaking to neighbours, who recalled hearing an argument before the alleged incident.

Police officers walking past a house on a suburban street
Neighbors recall hearing arguing before the incident.(ABC Newcastle: Giselle Wakatama)

Police say the women are known to each other, but there is no evidence to suggest they were in a domestic relationship.

Chief Inspector Rob Post, from Port Stephens-Hunter police, said officers were yet to establish if there was a motive behind the attack.

“There’s been a number of witnesses identified,” he said.

“We are appealing for anyone who has information to contact police, and anyone who might have any dashcam footage or CCTV footage.

“I believe this is an isolated incident and no one should be concerned.”

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Lametta Fadlallah, Amy Hazouri identified as women shot dead in Sydney’s south-west

Tributes are being paid to a Sydney hairdresser believed to be an innocent party caught up in a targeted shooting in the city’s south-west at the weekend.

Lametta Fadlallah, 48, and Amy Hazouri, 39, were hit by a hail of bullets while sitting in a car outside the former’s home on Hendy Avenue, Panania, on Saturday night.

Also in the car were a 16-year-old girl and a 20-year-old-man, who was driving. They were both uninjured.

The man drove the vehicle to Weston Street, Revesby, where emergency services were called.

Ms Fadlallah was pronounced dead from several gunshot wounds about 8.50pm, and Ms Hazouri succumbed to her injuries at Liverpool Hospital.

More than a dozen shots can be heard ringing out in CCTV footage taken from a nearby property on Hendy Avenue.

The footage also captures a car speeding down the road seconds after the shooting.

A woman smiling with her hair and make up done nicely
Amy Hazouri worked as a hairdresser at a Bankstown salon.(Supplied)
a woman sitting down and smiling
Lametta Fadlallah, 48, died at the scene in Revesby.(Facebook: Lametta Fad)

Ms Hazouri, who police said had no criminal links, worked as a hairdresser at a salon in Bankstown.

A fundraiser has been set up by her sister, Manal Raunegger, to help pay for Ms Hazouri’s body to be sent back to their native Lebanon.

Ms Raunegger said her “beautiful sister” was an “innocent party.”

“Amy was the sole provider for our family in Lebanon that is currently struggling with the economic crisis in Lebanon,” she wrote.

Ms Hazouri’s workplace shared an image paying tribute to her on Sunday.

“We are shattered, our heart is broken,” the post read.

“You left us too soon, may your memory be eternal. God bless your soul. Until we meet again.”

Car headlights shine in the dark street
A car (top of screen) is seen driving down the street seconds after the double shooting.(Supplied)

When contacted by the ABC, boss Jocelyne Chidiac declined to comment but said “we are in so much pain.”

Police believe Ms Hazouri was a “completely innocent party” caught up in an assassination.

Investigators confirmed 48-year-old Ms Fadlallah was known to police and had “past relationships with other known identities” in the underworld.

Ms Fadlallah was previously married to the late Hilal Safi, a former Kings Cross standover man.

Detective Superintendent Danny Doherty said police were investigating whether her criminal associations were behind the targeted hit.

“One theory is she would have been, more than likely, the intended target,” he said.

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NSW Police condemn ‘appalling attack’ on two women in south-west Sydney

Superintendent Doherty said the shooting of two women was a new low in Sydney’s gangland.

“There used to be an unwritten law with the criminal element, especially in organized crime, that you don’t touch family and you don’t touch women,” he said.

“I think that rule of engagement from the law book has been thrown out the window.”

There have now been 15 people killed in gang-related shootings in Sydney since mid-2020.

The latest incident is not believed to be linked to other underworld feuds which have claimed the lives of known gangsters.

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Marley Enjakovic to undergo surgery after having plastic flower lodged in his throat for five years

Skye Enjakovic just knew there was something wrong with her son’s throat.

As a toddler, Marley had begun to choke and vomit when eating food.

“We always assumed that he was eating too fast because it would self [resolve] and there’d be no other issues,” she told ABC Radio Adelaide.

“As time went on, that’s when his wheezing started to happen and he just was in and out of hospital and doctors’ surgeries.”

The Adelaide boy was diagnosed with asthma, and initially Ms Enjakovic believed her son did have the respiratory disease.

But eventually the use of a puffer no longer helped with the wheezing or coughing.

In December 2021, Marley had a coughing fit so severe he was rushed to hospital.

His oxygen levels were low and a chest x-ray showed something was missing with his trachea and oesophagus.

A bronchoscopy revealed Marley had a tracheoesophageal fistula, which is a connection from his oesophagus to his trachea.

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Marley had the flower removed from his throat earlier this year.

“Meaning that food, drink and salvia had basically been entering his trachea (airways) and going on to his lungs,” Ms Enjakovic wrote online.

A week later he was flown to Melbourne for surgery as the connection was sitting close to the main artery to his heart.

Just prior to the surgery, doctors used cameras to take another look down Marley’s airway and that was when they discovered a plastic arts and craft flower lodged in his throat.

Up until this point, inflammation had prevented doctors from finding the foreign object in his throat.

Ms Enjakovic believes the plastic flower could have been there for up to five years, as that was when Marley had begun to show symptoms.

“I just knew there was something wrong with his throat and I couldn’t figure out what it was,” Ms Enjakovic said.

“I never thought it would be a foreign body, but it’s just not normal for a child with asthma to choke and vomit over food and drink and literally cough for hours straight.”

The flower was removed in January, but Marley, now 8, will undergo more surgery in Melbourne on Tuesday to remove the connection between his oesophagus and trachea.

“They will do a cut along his chest, compress his right lung and then peel the oesophagus off the trachea and then cut out that connection that’s caused from the foreign body,” Ms Enjakovic said.

Marley Enjakovic
Marley Enjakovic had ongoing health issues for years.(Supplied: Skye Enjakovic)

“Then [they will] take a little bit of muscle from his chest and put it between the oesophagus and trachea so it doesn’t create another fistula.

“The surgical team in Adelaide did a really good job trying to get his body to heal [the fistula] and it has done an amazing job, but it’s just not healing any further and now we have to go to, unfortunately, having another operation.”

As well as preparing for the upcoming surgery, the family is raising funds for the Women’s and Children’s Hospital Foundation.

“We spent a lot of time at the Women’s and Children’s Hospital and honestly we had the best care by the surgical team there,” Ms Enjakovic said.

“Nothing was left unturned, even his surgeon from Adelaide is coming to his operation in Melbourne, that’s how much they’ve cared for and looked after him.”

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Indigenous Sydney teen ‘tripped’ by police officer officer describes bloody injuries in court

An Indigenous teenager whose arrest resulted in a NSW Police officer being charged with assault has told a Sydney court he fell unconscious after being “tripped” and was spitting blood because his face hit the ground.

Constable Ryan Barlow, 30, was with two junior colleagues in Ward Park in Surry Hills when they stopped three teenagers in June 2020.

Part of the interaction was filmed on a mobile phone, showing one of the teenagers, then 16, speaking to Constable Barlow before saying he would “crack” the officer in the jaw.

The video shows Constable Barlow then used a technique known as a leg sweep, in which he kicked the complainant’s feet out from underneath him while holding his arms from behind, causing him to fall forwards.

Constable Barlow has pleaded not guilty to assault occasioning actual bodily harm.

The teenager told Sydney’s Downing Center Local Court he remembered being “spun around” by the officer before being “tripped” and denied doing anything to resist.

A nurse holds a boy's hand, while he sits down
Doctors attend to the boy at St Vincent’s Hospital.(Facebook: Justice for Buddy, Lewis Kelly Jnr)

He recalled his knee hitting the ground first, followed by his shoulder and the cheek area of ​​his face.

In the video, he can be heard making a high-pitched moaning sound while on the ground.

He told the court he was unconscious after he fell and has no memory of what happened until he was sat up, when he recalled spitting blood.

“I don’t even remember making those noises,” he said.

The teenager said he recalled “going off my head” while sitting.

“I just lost it. Got angry, I guess.”

He said Constable Barlow was holding him at the back part of his neck and he told him to stop “squeezing” it, but the officer didn’t.

“He pulled out capsicum spray and told my friends to go away.”

The teenager said he made the comment about cracking the officer in the jaw out of “frustration”, after hearing one of his friends defend himself.

“What were you frustrated about?” Crown Prosecutor Darren Robinson asked.

“That I can’t, you know, go to my own park [without being] harassed by police.”

Mr Robinson earlier told the court an expert in the use of force is expected to testify that the leg sweep technique is not the methodology taught to NSW Police Force officers, however it is not prohibited.

“The prosecution says the force used by the accused was not reasonably necessary in the circumstances,” he said.

Mr Robinson said Constable Barlow gave a version of the incident during an interview which “contradicted” the video, including that the complainant “tensed” his body and attempted to break free.

The court was told the complainant’s injuries included cuts and abrasions to his leg and chin, soreness and pain to his neck, a chipped tooth and bleeding from an injury to the mouth.

Constable Barlow’s barrister, Brent Haverfield, said there would be “an element of self-defence” in the matter.

The hearing, before Magistrate Rami Attia, has been set down for three days.

Under cross-examination, the teenager accepted he was told he was under arrest shortly before the leg sweep.

He also accepted the video showed that while Constable Barlow was behind him, his right leg moved backwards, but denied this was an attempt to kick the officer.

“I don’t accept I was trying to hurt anyone,” he said.

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