A magistrate in Fremantle has lifted a suppression order, allowing the reporting of a domestic violence charge against a prominent WA doctor accused of assaulting his wife, human rights lawyer Rabia Siddique.
Key points:
Anthony Jenner Bell denies assaulting Rabia Saddique in Mount Pleasant
The court heard he feared publicity could result in him being stood down
The magistrate ruled suppressing the case was not in the interests of justice
St John of God doctor Anthony Jenner Bell has pleaded not guilty to the aggravated assault of Ms Siddique in Mount Pleasant.
An interim suppression order was in place until this morning, when Magistrate Adam Hills-Wright lifted it.
The court heard Dr Bell had sought the suppression order to prevent his identity from being reported.
Magistrate Hills-Wright said Dr Bell had stated in an affidavit that the complaint against him was made in the context of a separation.
Dr Bell also stated that reporters had contacted St John of God asking whether his position was under question.
He said his employer was supporting him, but if the matter got into the media, it could lead to him being stood down and he may not be able to see some patients.
Not in interests of justice: magistrate
Magistrate Hills-Wright said Dr Bell was presumed to be innocent.
He said publicity increased the community’s understanding of how the justice system worked, and for a suppression order to be made, the court had to be satisfied there were exceptional circumstances.
While widespread publicity could cause “significant embarrassment”, the court process applied “equally for all”, he said.
Magistrate Hills-Wright said the court was being asked to weigh the potential wider ramifications for patients and institutions.
He told the court suppression was not in the interests of justice.
Dr Bell is scheduled to appear in Perth Magistrates Court next month for a trial allocation date.
At some point, the virus will reach an evolutionary peak, Holmes said. “But is that now? Or next week? Or in a year? We don’t have the answer.”
Associate Professor Stuart Turville, the lead virologist at the Kirby Institute laboratory that is sequencing Omicron variants, echoed Holmes’ reticence to divine the trajectory of the pandemic.
“We didn’t predict, and could never have predicted Omicron,” Turville said.
But I have outlined two probable scenarios for the next year of the pandemic. The most probable: Omicron subvariants would remain dominant infections and the population’s hybrid immunity – the protection offered by a combination of previous COVID-19 infection and vaccination – would be effective against any small changes to the virus.
The second scenario is a “wildcard event”: the emergence of a new variant that would be more transmissible than Omicron.
loading
Any new variant is probably “brewing away and becoming battle-hardened” in an immunocompromised person experiencing a prolonged infection, offering little warning before spreading through the community, Turville said.
“But the good news is the longer the virus is in the community, the more immunity we gain,” he said. He was optimistic that this would be how the community starts to “corner” the pandemic.
Associate Professor Ian Mackay, a virologist at the University of Queensland, said all signs were pointing to the worst of the pandemic being behind us, “but we won’t know for certain until we can look back in several months’ time and say, ‘Oh, that was the peak.’ ”
“We are addicted to ‘hope-ium’ these days,” Mackay said. “We can’t put money on the hope that new variants will be milder or less severe.”
loading
Professor of infectious diseases at the ANU Medical School Peter Collignon suspects the pandemic has reached its peak in line with the trajectory of the 1918 Spanish flu, which was extremely virulent for the first two to three years before persisting at significantly lower levels for decades.
The proof will be in the coming European and North American winter, and whether they have waves of deaths and hospitalisations, Collignon said.
“I will be proven wrong very quickly if I am wrong. We’ll probably have a pretty good idea by December or January,” he said.
Professor of epidemiology at the Kirby Institute John Kaldor shared that optimism, but said, “We need to maintain our readiness to respond if that prediction is wrong.
“Our COVID planning must be continually adapted, optimized and flexible to respond to whatever comes,” Kaldor said.
loading
“Our early warning system – which relies on global communication networks – worked pretty well with COVID and again with monkeypox, but the world is a tense place now, and it may become more difficult to maintain the level of international co-operation under the circumstances. .
“We don’t know how long the vaccines we have now are going to protect us. We will almost certainly need new vaccines and that process needs to be considered carefully,” he said.
The family of a South Australian man who died while waiting for an ambulance on Monday night says the state’s health system is ‘broken’.
Key points:
Andrew died on Monday evening from cardiac arrest while waiting 42 minutes for an ambulance
His family remembers him as a loving father of two and says the system needs to be fixed
The state government says people should still call triple-0 in an emergency
The 47-year-old father of two, Andrew, died from cardiac arrest on Monday evening in a Plympton car park, where he had pulled over and called an ambulance after experiencing chest pain.
At the request of the family, the ABC has decided not to publish a picture of him or use his last name.
His family remembers Andrew as a “much-loved” partner, friend, family man and colleague.
Nathan Hutchison, the brother of Andrew’s partner, read a statement on his behalf.
“My partner Andrew was my soul mate and loving father to our children, my heart has been torn in two and I feel broken,” the statement said.
Nathan Hutchison says the health system needs to be fixed. (ABCNews )
“He’s going to be deeply missed, but will always be remembered and very much loved.
“We are devastated he’s been taken so soon.”
Mr Hutchison said that the system needed to be fixed.
“It’s just devastating for us,” he said.
“It’s very hard to put it in words, clearly there’s a system that’s broken and needs to be fixed.
The man suffering chest pain called triple-0 after pulling over on Anzac Highway at Plympton. (ABC NewsEvelyn Manfield )
“It’s tearing up my family. Fix the system.
“We do appreciate the work the first responders did when they arrived, and the community members did when they were there.”
Central Adelaide Local Health Network chief executive Lesley Dwyer described the “awful” incident as “an absolutely tragic outcome” and said a full investigation would take place.
TAFE SA chief executive David Coltman said Andrew had been a well-loved member of staff.
“[He] was a highly regarded manager at TAFE SA and we are deeply saddened by his sudden passing,” he said.
“TAFE SA is providing support to [his] colleagues during this difficult time and we extend our heartfelt condolences to [his] Familia.”
Lesley Dwyer says discharging NDIS and aged care patients to free up hospital beds remains a priority.(ABCNews)
Acting Health Minister Tom Koutsantonis said the man’s death was “horrific” and said he would also want his elderly father to call him if he had a medical episode.
“I’ve got an elderly father and I say to him, ‘if something happens, call an ambulance and call me’,” he said.
“But that’s not the solution you’d expect in a first-world country.
“In a first-world country, we expect an ambulance to come on time when it’s [a] life-threatening situation.”
Tom Koutsantonis urges the public to still call triple-0 in an emergency. (ABC News: Shari Hams)
Mr Koutsantonis said there had been a “whole-of-government” approach to address the health crisis, which included hiring more doctors and nurses, opening private beds, and moving aged care and NDIS patients out of hospital and into care.
“You gotta have faith. We still want people calling triple-0,” he said.
“In three months we’ve done a lot but in three months you can’t fix it.
“Right now there’s no-one in South Australia who’s thinking about this in political terms, they are thinking about in terms of ‘if I call an ambulance will it come in time to save my father, my mother, my child?'”
‘extreme pressure’
Ms Dwyer said the health system was “under extreme pressure on Monday afternoon with large numbers of triple-0 calls.”
“The hospitals themselves had come off a weekend where we’d been extremely busy,” she told ABC Radio Adelaide.
Ambulance crews were ramped up at the Royal Adelaide Hospital for three hours on Monday, the union says.(ABC News: Che Chorley)
“And so you had two of the major metropolitan hospitals, being Flinders and the Royal Adelaide, that were really struggling to get people into the emergency department in a timely way to free up ambulances.”
SA Best MLC Frank Pangallo said he was unsure what a government inquiry would achieve “because we all know where it’s going wrong.”
“The system is broken and more people are likely to die unless something happens,” he said.
Mr Pangallo said Andrew’s death was a “tragedy, and most likely was an avoidable one”.
“We’re likely to see instances like this again,” he said.
“Waiting times have blown out to unacceptable levels.”
Frank Pangallo wrote to Health Minister Chris Picton last week about a different patient.(ABC News: Lincoln Rothall)
Mr Pangallo said he wrote to Health Minister Chris Picton last week about a different patient who had waited two hours for an ambulance after suffering a heart attack.
“There was another tragedy that was averted,” he said.
Mr Pangallo said his office had been told by a member of the public yesterday that a taxi had been dispatched when a triple-0 call was made.
“A family member had called for an ambulance and it wasn’t considered a high priority so a taxi was dispatched,” he said.
“I’ve heard of this happening previously as well.”
Plan alternative options, says union
SA Ambulance Employees Association secretary Leah Watkins said yesterday that South Australians should consider planning alternative options in the event of lengthy ambulance delays.
Leah Watkins says South Australians should prepare a plan for what to do in the event of a lengthy ambulance delay.(ABCNews)
“In the vast majority, people are calling triple-0 because they’re in a point of crisis and they have no other option and they should still do that if they do feel the need,” she said.
“But the ambulance service and the health system is completely overwhelmed at the moment and so if they are concerned that there is going to be a delay for them, to get help early.
“If you’re home alone, call a neighbor or a friend just to let them know what’s going on so that there’s perhaps someone that could come over and wait with you or someone that can drive you to hospital yourself.
Lesley Dwyer said while “there was nothing wrong” with Ms Watkins’ advice, “people should not be frightened of ringing” triple-0, and it should be the “first port of call” in an emergency.
“We’d certainly not advocate people hopping in a car or a taxi if they thought they had a life-threatening condition or one that was going to deteriorate on the way,” she said.
to enjoy queensland mum is calling for harsher punishments for juvenile offenders after her daughter was allegedly assaulted at a train station.
The woman, who cannot be named for legal reasons, said her 15-year-old daughter had been standing at the Beenleigh Train Station in Logan, south of Brisbanewhen she was attacked by another teen.
Bystanders stood by and filmed the incident, which started with a comment about English class.
A district Queensland mum is calling for harsher punishments for juvenile offenders after her daughter was allegedly assaulted at a train station. (9News)
The video shows a teenager taunting the young girl, before throwing several punches.
The young girl was taken to Logan Hospital with a concussion, swelling, and cuts.
“It was quite confronting and disgusting and you know to be a parent and think your child can go on public transport and has always gone on public transport,” the teen’s mum said.
“Yeah, it just makes you sick to the guts.
“She had concussion, she had swelling to the face, cuts in her mouth.”
The woman said a statement was given to police who said her daughter’s attacker would “have the book thrown at them.”
The alleged offender was given a warning by the police, with no charges laid.
The woman, who cannot be named for legal reasons, said her 15-year-old daughter had been standing at the Beenleigh Train Station in Logan, south of Brisbane, when she was attacked by another teen. (9News)
The mum believes a girl at her daughter’s school set up the attack.
She said the offender had been an adult, they would have been charged.
“There would be justice served and it turned out that the justice system – it’s just a caution,” she said.
“As a parent, it’s hard to comprehend that someone could do such an act of violence and that’s all they get.”
Queensland Police confirmed with 9News that they investigated the incident.
In a statement, police said they’d taken a “diversion first” approach, which is a requirement under the Youth Justice Act.
“The next person might not be so lucky and that’s what needs to stop: all these one-punches, all this assaulting people. There’s no need for it,” the mum said.
“Physical scars heal but emotional ones don’t and there’s no timeline – like this could be with me forever and it’s definitely impacted me as a parent.”
Hi there. It’s Tuesday, August 9 and you’re reading The Loop, a quick wrap-up of today’s news.
Let’s get you up to speed:
Former US president Donald Trump released a statement saying his Mar-a-Lago estate in Palm Beach, Florida, was being raided by FBI agents on Monday night, local time
The circumstances of the raid are unclear, but Mr Trump’s son, Eric, told Fox News the raid concerned documents sought by the National Archives and Records Administration
Armed police officers were filmed outside of his home, which was swamped with pro-Trump supporters shortly after he released his statement
Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume.
Police gather outside Donald Trump’s Florida home.
Mr Trump says he has been “working and cooperating with the relevant government agencies” and that “this unannounced raid on my home was not necessary or appropriate”
A person familiar with the matter — who spoke to the Associated Press on the condition of anonymity — said agents were looking to see whether Mr Trump had additional presidential records or other classified documents at his estate
This raid marks a dramatic escalation in law-enforcement scrutiny of Mr Trump, who has been laying the groundwork to make another presidential bid
The Justice Department has not commented on the raid.
Donald Trump says FBI agents had broken open a safe inside his estate.(AP: Terry Renna)
We heard about the life and legacy of Dame Olivia Newton-John
Tributes have been steadily flowing all day for the Australian screen and music icon who “passed away peacefully” in southern California, aged 73.
Stockard Channing — who starred opposite Newton-John as Rizzo in Grease — said she would “miss her enormously.”
“Olivia was the essence of summer — her sunniness, her warmth and her grace are what always come to mind when I think of her,” she said.
Grease director Randal Kleiser said Newton-John “exuded nothing but love to everyone she met” in a statement to the Hollywood Reporter.
“I’m heartbroken. She was one of a kind, and so very kind,” he said.
loading
Victorian Premier Daniel Andrews said he would speak to Newton-John’s family about a state funeral.
You can look back at her remarkable life and career here.
Fans have been leaving tributes at the Hollywood Walk of Fame.(Reuters: Mario Anzuoni)
News alerts you might have missed
New South Wales Treasurer Matt Kean has been elected, unopposed, as the state’s Deputy Liberal Leader, after Stuart Ayres resigned last week amid the fallout from former deputy premier John Barilaro’s appointment to a US-based trade role that Mr Barilaro later declined to accept.
New Deputy Liberal Leader Matt Kean (left) has a “passion and zeal for reform”, according to NSW Premier Dominic Perrottet (right).(AAP: Joel Carrett)
Queensland police have charged a man with two counts of murder after the bodies of a mother and son were found in the south Brisbane suburb of Stretton on Monday.
The family of American woman Gabby Petito — who is believed to have been killed by her boyfriend — is suing Utah police for $US50 million ($71 million), saying they failed to recognize she was in danger. Police stopped the 22-year-old “van life” traveler and her ella boyfriend, Brian Laundrie, in August 2021. The body of Laundrie was later found and the FBI said he had claimed responsibility for her death de ella before killing himself.
Gabby Petito, 22, was a nutritionist and social media influencer who said she loved “art, yoga, and veggies.” (Instagram: @gabspetito)
What Australia has been searching for online
N95 masks: The Victorian government will hand out more than 3 million N95 and KN95 face masks at COVID-19 testing sites, public transport and community health services to help reduce transmission of the virus and other respiratory illnesses.
loading
Ozzy Osbourne: The legendary Black Sabbath singer reunited with Tony Iommi in their hometown of Birmingham for a brief set to close out the Commonwealth Games.
loading
Ezra Miller: The 29-year-old actor has been charged with a felony burglary in Vermont after allegedly taking several bottles of alcohol from a home in Stamford. It’s the latest legal woe for Miller, who was arrested twice earlier this year in Hawaii.
one more thing
If you thought you were the only one having issues with Google today, you weren’t alone — the search engine went offline for thousands of users earlier.
According to outage tracking website Downdetector.com, more than 30,000 outages were reported in the US alone around 11:30am AEST, with some social media users also reporting issues loading Gmail and Google Maps.
Google hasn’t commented on the outage, but the site is back up and running as usual.
A young woman with a shocking driving record has been sentenced over a bus crash in brisbanes south-west that left more than a dozen people injured.
Kirsty Batson pleaded guilty to driving without due care causing grievous bodily harm and one count of not meeting the conditions of her license.
The 24-year-old was behind the wheel of a Mazda sedan when she crossed double lines on Mundoolun Road in Mundoolun, Logan, slamming head-on into a minibus in August last year.
A young woman with a shocking driving record has been sentenced over a bus crash in Brisbane’s south-west that left dozens injured. (9News)
The court heard Batson was driving on little sleep. The night before the crash she was at a Surfers Paradise nightclub with friends, seen leaving on CCTV cameras at 1:30am.
She then started her shift with a local horse trainer at 4:30am and when she finished at 9am jumped straight in the car to drive to her mum’s at Cedar Vale, but she didn’t make it.
Twenty-two people were on board the minibus when it was hit, they were returning from a hot air balloon trip in the Scenic Rim.
Seventeen of the passengers were injured, including children, and driver William Green was trapped for over an hour before he was airlifted to hospital with critical injuries.
The court heard how he feared he would die.
Out the front of the Beaudesert Magistrates Court after the sentence he told 9News: “memories of the incident still come back to me, obviously it was quite horrendous.”
“Still seeing all the medical professionals, doctors, and they’re looking after me very very well.”
Twenty-two people were on board the minibus when it was hit, they were returning from a hot air balloon trip in the Scenic Rim. (9News)
Batson also had to be cut from her car and airlifted to hospital. She spent 39 days at the Princess Alexandra Hospital, 12 of those in a coma.
Magistrate Tracy Mossop told Batson she was the author of her own tragedy, handing her an 18-month suspended sentence and disqualifying her from driving for 15 months. She was ordered to pay her victim $4000 in compensation.
Batson told 9News she is suffering and continually getting help.
“I do apologize for those that are injured, I don’t know what happened but obviously based on the evidence I did fatigue and I do apologize for that and I live with that drama every day.”
In court, the 24-year-old’s shocking driving history was also laid bare. In 2016, she was caught speeding more than a dozen times, 11 of those in one five-day period.
China’s ambassador to Australia has warned Beijing is prepared to use “all necessary means” to prevent Taiwan from being independent, saying there can be “no compromise” on the “one China” policy.
Xiao Qian on Wednesday repeatedly blamed the US for the recent escalation in tensions. China’s decision to launch ballistic missiles in live-fire exercises in response to speaker Nancy Pelosi’s visit to Taiwan was “legitimate and justified”, he told the National Press Club in Canberra.
Xiao said after a “good start” with the newly elected Albanese government, “there is an opportunity for a possible reset of relationship” between China and Australia.
He said China was ready to solve trade disputes through the World Trade Organization or “if the new government in this country is ready, to discuss it bilaterally”.
The comments made an olive branch from Australia’s trade minister, Don Farrell, suggesting that a “compromise situation” or “alternative way” might emerge in trade talks between the two countries.
Since Labor’s election in May, the defense minister, Richard Marles, and the foreign minister, Penny Wong, have both met their Chinese counterparts, the beginning of a thaw in relations that soured over nine years of Coalition government.
But in recent days, Wong has expressed deep concern about China’s launch of ballistic missiles into waters around Taiwan’s coastline, prompting a rebuke from China that Australia had “condemned the victim along with the perpetrators”.
On Wednesday, Ambassador Xiao said it was “the US side that should and must take full responsibility for the escalation of tensions in the Taiwan Strait”.
The drills reflected “a determination to show that on the question of Taiwan, there’s no room for compromise”.
“It’s not something, like, economic development or trade relations or issues in some other areas. On the question of Taiwan, it’s an issue relating to sovereignty and territorial integrity.”
Sign up to receive the top stories from Guardian Australia every morning
Xiao rejected the language of a possible “invasion” of Taiwan by noting China’s policy reflected in “UN resolutions [and] bilateral documents between China and Australia” was that Taiwan was not an “independent state” but rather a province of China.
“It’s an issue of reunification, complete reunification, and … of Taiwan coming back to the motherland.” Use of force was the last thing China wanted, as it was “waiting for a peaceful reunification”, he said.
“But we cannot, we can never rule out the option to use other means, so when necessary, when compelled, we are ready to use all necessary means.
“As to what does it mean, ‘all necessary means’? You can use your imagination, but… [the] Chinese people are absolutely determined to protect our sovereignty, territorial integrity, we will never allow Taiwan to be separated from China.”
Asked about China’s ambassador to France suggesting the Taiwanese people could be “re-educated”, Xiao said he was not aware of an “official policy” but his “personal understanding” was “there might be a process for the people in Taiwan to have a correct understanding of China about the motherland”.
QuickGuide
How to get the latest news from Guardian Australia
Show
Photograph: Tim Robberts/Stone RF
Xiao described an incident in which China performed what Australia described as a “dangerous manoeuvre” against a maritime surveillance flight in international airspace in the South China Sea region as “very unfortunate”.
But he said the incident occurred in a “location that is within the territorial space of an island that belongs to China” – which Australia rejects – likening the incident to someone “carrying a gun and trying to peep into your windows to see what you’ re doing”.
Xiao said China wanted a “a friendly cooperative relationship between Australia and China… free from interference from a third party” – suggesting the US had turned Australia against China.
After “political difficulties” there would be “a process for us to reset and gradually improve our relationship”, he said.
Asked about trade disputes and the possible release of Australian citizen Cheng Lei, Xiao noted there had been “top-level communications” between Australia and China but the two countries had “not yet come to the stage to discuss how to solve those specific issues, either political issues or trade issues or some other individual cases”.
“We’re ready to compare notes with the new government and to get engaged in the process.”
Prof Rory Medcalf argued the comments amounted to an “admission” trade disputes and the detention of Australians were “leverage tactics”.
Fascinating implication of Chinese Ambassador’s line in @PressClubAust remarks just now – in right circumstances, Chinese govt will be willing to discuss differences including trade measures and ‘personal cases’ (ie. detained Australians). An admission these are leverage tactics
Xiao claimed the “couple of Australian citizens in China that are under custody according to Chinese rules and laws” have had “their basic rights well protected”.
However, I have granted Australian prisoners did not have consular access due to Covid and trials involving national security, like Cheng Lei’s, were secret.
Xiao claimed there was “no intention for China to set up the so-called military base in Solomon Islands”, despite the two countries signing an agreement that would allow it. He noted the Solomon Islands prime minister, Manasseh Sogavare, had similarly ruled it out.
Earlier, Marles told reporters in Canberra that while the Australian government had changed, “our national interest hasn’t”.
IBAC has interviewed Premier Daniel Andrews in at least two investigations, including one into Labor’s “unethical” culture. It has publicly called for more funding and removing the power of the government of the day to set its funding, both of which the opposition has committed to.
Shing was appointed minister for water, regional development and equality in June. The committee has now had five different Labor MPs as chair since the 2018 election.
The witness welfare inquiry has been controversial at times, including when Shing demanded committee administrators “cut the feed” when Liberal MPs asked Redlich why Andrews was questioned in private hearings rather than in front of a camera.
IBAC believes that the committee’s decision to call for submissions would naturally lead to people involved in ongoing investigations writing to the committee. The agency’s concern was that it would not be able to respond to any allegations because of the ongoing investigations and that once the allegations were leaked to the media it would be powerless to respond to the negative coverage.
loading
The IBAC submission indicates the committee previously claimed it had been abiding by section 7(2) of the Parliamentary Committees Act 2003 which prohibits the committee from prejudicing investigations.
“The claim that the committee sought to, and has complied with, section 7(2) is simply wrong,” IBAC’s submission states.
“The response makes no attempt to explain how the profound procedural unfairness would be addressed arising from the fact that the committee’s reason for announcing an inquiry was to explore matters relating to an ongoing investigation.”
Redlich has requested a private hearing with the committee to address claims that IBAC puts undue pressure on people it is investigating, arguably contributing to poor mental health.
“Despite raising these issues on multiple occasions, the correspondence received to date from [Shing] has been unresponsive and/or has reinforced the concerns highlighted above,” IBAC’s submission reads.
The new chair of the committee, Labor MP Gary Maas, said in a tweet that the “decisions of the committee are made on a collective basis – any suggestion otherwise is simply wrong”.
“This committee is the relevant oversight body of IBAC and has sought to examine the systems and frameworks that exist to manage witnedd welfare,” the tweet said.
“The language in IBAC’s submission only further demonstrates why that is necessary.
“The committee’s work is critically important, because no agency is beyond scrutiny, especially in matters that relate to the welfare of Victorians.”
Liberal MP Brad Rowswell, the committee’s deputy chair, responded to Maas’ statement by saying Maas broke from convention by not consulting the deputy chair before releasing his statement.
“What is extraordinary is the undermining of [IBAC’s] legitimate submission … This kneejerk response is possibly unprecedented and reeks of a political attack,” Rowswell said.
A government spokeswoman said the issue was a matter for the committee.
If you or anyone you know needs support, call Lifeline on 131 114.
The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights. Sign up here.
A Wollongong man says he feels relieved after spending almost three years wondering if he would be put behind bars for practicing his culture on his traditional lands.
Key points:
Two men have been sentenced after pleading guilty to possessing 1,093 shucked abalones they say were for cultural reasons
Djirringanj man Anthony Mark Henry, 21, says a native title defense would have been too costly to pursue
A parliamentary inquiry into cultural fishing is currently underway in NSW
Djirringanj man Anthony Mark Henry, 21, was today fined $8,300 in Bega Local Court, handed a 12-month community corrections order and ordered to complete 50 hours of community service after he pleaded guilty to possessing 1,093 shucked abalone on the NSW South Coast in 2019 .
He was also fined $3,000 after being found with 58 abalone at Black Head Reserve at Gerroa in May the following year.
Outside court, Henry said he felt “relieved” after spending years afraid to go back into the water and the thought of a possible $50,000 fine looming over his head.
Djirringanj elder Aunty Marilyn Campbell says her nephew, Henry, was diving for cultural purposes.(ABC South East NSW: Vanessa Milton)
“This has been going on since I was 18, and I’m nearly 22, so I’ve had three years wondering if I was going to jail,” he said.
Henry was one of four people initially charged with fisheries offenses after being stopped by NSW fisheries officers on April 2, 2019, north of Tathra.
Two of the people with Henry at the time were underage and had their charges thrown out, while the other man, 21-year-old Walbunja man Brent Gordon Wellington-Hansen from Batehaven, was also fined $8,300 and also handed a 12-month community corrections ordered and ordered to complete 50 hours of community service.
Magistrate Doug Dick told the court he believed the abalone would have been split equally between the four divers to later feed family members for a cultural event and estimated the market value of the catch at around $94,000.
He told the court the charges were “very serious”, adding the marine species must be protected.
“I have to be very careful not to trivialize things,” he told the court.
Henry’s lawyer Tony Cullinan said prosecutors had conceded there was no evidence supporting their claim the abalone was intended for sale when they drew charges of trafficking the species.
The four were caught with the catch inside Mimosa Rocks National Park, north of Tathra, in 2019.(ABC South East NSW: Adriane Reardon)
He also said prosecutors had made a last-minute decision not to cross-examine Henry over the cultural significance of the event being fished for on the day.
“This is a high caliber young man on the cusp of his life, and he has a great future ahead of him,” Mr Cullinan told the court.
Under current NSW regulations, an Indigenous Australian can legally possess 10 abalone for cultural purposes each day unless a permit is obtained.
Henry grew up in Moruya and is a registered member of the South Coast native title claim currently before the Federal Court of Australia. As a native title holder, Henry is entitled to take fish and shellfish according to traditional law and custom, without limits.
However, Henry said he did not raise or rely on the “native title defence” during the court proceedings due to the costs involved.
“I took out a bank loan for $10,000 for my lawyer, and I had to plead guilty,” Henry said.
“If I had wanted to plead not guilty, it would have cost 30 to 40 grand to fight it out the whole way.”
He said the onus should not be on traditional custodians to claim native title defense when confronted by fisheries officers.
“Fisheries should ask the question at the time because if we don’t bring it up, then we have to provide it through the courts,” he said.
“I had to show my genealogy to prove who I am.”
Henry said in a submission to the court he should have applied for a permit, but navigating the bureaucracy involved was difficult.
Outside court Henry’s grandmother and Djirringanj elder, Aunty Marilyn Campbell, said cultural fishing permits should be made easy to get and supported Henry’s view that alleged traffickers should be given a chance to claim native title.
“This is a white system trying to change our black system,” she said.
“He wasn’t trafficking. He was diving for cultural purposes.”
Fisheries NSW officers were at the Bega Local Court for the sentencing.(ABC South East: Keira Proust)
A parliamentary inquiry into cultural fishing is currently underway in NSW, looking at why legislation passed in 2009 to protect cultural fishing has not been enacted.
An inquiry hearing was held in Narooma on the South Coast last month, with a second hearing set to take place in Sydney on August 19.
The NSW government has told the inquiry that it does support cultural fishing but that it cannot enact legislation until fishing catch limits are agreed on.
Minister for Agriculture Dugald Saunders told the ABC that there had been an agreement around “looking at a moratorium on prosecutions” while the inquiry was ongoing.
However, he said it would mostly focus on low-level prosecutions.
“In many cases, things are only prosecuted when they are at the severe end of the scale,” Mr Saunders said.
“It’s not for taking a couple of extra fish or a couple of extra abalone. It’s for taking hundreds and hundreds and hundreds of extras, not a couple.”
Walbunja man Keith Nye was also sentenced for fisheries offenses in early August.(ABC News: Nakari Thorpe)
Last week, Walbunja man Keith Nye was sentenced to a 26-month intensive corrective order for two offenses of trafficking indictable quantities of abalone in NSW.
In July, a district court judge dismissed an appeal by Walbunja man John Carriage to overturn his conviction on fishing-related offenses.
Mr Carriage was convicted last year on six fishing offenses after he was found in possession of abalone at South Durras, also on the NSW South Coast, in 2017.
Both men were ordered not to dive for or possess abalone for two years as part of their sentence.
A young family reported missing to police between Queensland and NSW on Monday have been found safe after two days of searching between three states.
Darian Aspinall, 27, her children Winter Bellamy, 2, and Koda Bellamy, 4, along with their grandmother Leah Gooding, 50, were traveling from the Noccundra Hotel in Queensland to a planned destination of Packsaddle in far west NSW on Sunday.
The children’s father Linny Bellamy told of his family’s actions to ensure they’d survive while stuck alone in the outback for two straight days.
He said they relied on roadside puddles for sustenance and used a mirror to attract the attention of a police search aircraft.
“I can’t believe they managed to stay as strong as they did,” Mr Bellamy said.
“They looked after each other and just tried to ration everything out.”
He said other than looking tired, his family seemed themselves.
The family had made plans to travel to Adelaide, where they were originally from, police were told.
Darian Apsinall went missing with her family in the NSW outback before being located by police helicopter on Tuesday. NSW Police Credit: News Corp Australia
But when the four never arrived at their planned location in NSW and were unable to be contacted, Barrier police were alerted and the investigation into their whereabouts began.
The family, who were traveling in a Hyundai Tucson, were found inside their vehicle, off track, about 4.15pm on Tuesday afternoon by helicopter.
The aircraft confirmed it was the missing family, and they were assessed by an on-board paramedic.
They were then flown to Tibooburra for further assessment and care.
“Could not feel more relief,” Mr Bellamy said in a Facebook post sharing the good news.
“My family has been found safe.”
Police officers involved extended their thanks to the community for their support and assistance.
