Category: Australia

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Australia

Victim’s advocate slams lawyer’s ‘kangaroo court’ media attack in Neil Duncan paedophile case

neil duncan pic 1

A paedophile convicted of sexually abusing three girls has had his sentencing delayed so he can undergo surgery for prostate cancer and tests for possible bowel cancer, a court has heard.

It comes as a victim’s advocate slammed a barrister for Neil Duncan calling media coverage of the case a “kangaroo court”.

On June 2 Duncan, 67, was convicted in the Queanbeyan District Court on eight counts of sexually touching three girls under the age of 16 in Bega Valley and Kosciuszko National Park in 2019.

The decision by Queanbeyan District Court Judge Robyn Tupman to grant Duncan bail ahead of his planned sentencing today caught the attention of NSW Attorney-General Mark Speakman who requested the Director of Public Prosecutions review the bail decision.

Duncan was arrested at a Narrabri Pony Club event a week after his conviction but was re-released after an allegation he breached his bail conditions could not be proven.

After work by victims’ advocates and media coverage of the case, changes came into effect on June 27 requiring a judge to refuse bail following conviction and before sentencing for an offense likely to carry full-time imprisonment, unless special or exceptional circumstances could be provided .

A man in a cloth mask walking down the street.
Neil Duncan leaves the NSW Supreme Court while on bail in July.(ABC South East NSW: Adriane Reardon)

Then in July the NSW Supreme Court rejected a detention application by Crown prosecutors, when Duncan’s lawyers revealed he had recently been diagnosed with prostate cancer and would require surgery in September, thereby falling under the definition of “special or exceptional circumstances”.

Today, Judge Tupman accepted an adjournment application by his defense team which will allow Duncan to undergo surgery at Macquarie University Hospital on September 20 for prostate cancer and undergo further tests for possible bowel cancer.

Judge Tupman adjourned sentencing to allow Duncan five weeks to recover from the surgery.

neil duncan court pic
The NSW Supreme Court dismissed the Crown’s detention application in July. (ABC South East NSW: Adriane Reardon)

“Prostate cancer is not a condition where it is beneficial to delay treatment,” Judge Tupman told the court.

Crown prosecutors objected to the application, telling the court the medical procedures could be taken care of while Duncan was being held in custody.

“People wait a considerable amount of time [in prison] for outside intervention,” Judge Tupman told the court.

Media coverage criticized

The judge said media coverage of the case was “unfortunate”, and given the public attention it had received she could be facing “judicial death” if she did not take the time necessary to read all the submitted documents while considering Duncan’s sentence.

“I’ve been in court almost every day since the jury came out in Queanbeyan,” she told the court.

Crown prosecutors told the court continued delays in proceedings would create “anxiety” for Duncan’s victims.

“The victims are keen to have these proceedings finalized so they can move on,” they told the court.

neil duncan downing
Neil Duncan will be sentenced in Sydney’s Downing Center District court in October.(Facebook: Downing Center)

Duncan’s barrister Richard Pontello SC told the court his client would not answer to media coverage of the case, which he labeled a “kangaroo court”.

Victims’ advocate Ken Steele called Mr Pontello’s use of the term “offensive.”

“Someone like Neil Duncan should be reported on,” he said.

“The suggestion he’s in any way given hard treatment due to media coverage is that it’s the right of the public to keep track of these cases and it’s the media’s job to report on it.”

Duncan’s bail was continued and he will be sentenced on October 24.

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Family of Canberra woman Bronte Haskins called on ACT coroner to find several people failed her in the lead up to her suicide

A woman holds a framed picture of her daughter.

The family of Canberra woman Brontë Haskins has asked the ACT coroner to make adverse findings about several people involved in her case before and after her suicide in 2020.

Ms Haskins, 23, died in hospital after several days on life support.

Her death came while she was on bail after a stint in jail for drug driving.

Ms Haskins had suffered both substance abuse and mental illness, something her mother said was not taken seriously enough by authorities.

In the lead-up to her death she had been staying at her mother’s home, while she was on bail.

A coronial inquest into Ms Haskins’s suicide heard her mother called police and mental health services when she became delusional, believing the unit where she was staying was a gas chamber.

Several issues have been raised in the case before the ACT Coroner’s Court, including the family’s claim that a mental-health nurse failed to give the case the priority it required and failed to follow up a call from Ms Haskins’s mother, Janine.

Lawyer Sam Tierney who represented Ms Haskins’s family referred to the staged triage system — where category A is the most serious, and category G requires more information — when criticizing the way the case was handled by mental-health nurse Karina Boyd.

A young woman relaxes in a hammock as she cuddles a large smiling dog.
The inquest heard Brontë Haskins’s case was not triaged correctly.(Supplied)

“Had Ms Boyd not incorrectly triaged Brontë as category G, Brontë would have more likely than not been assessed face to face by a trained mental-health clinician within 72 hours and certainly prior to her death,” Mr Tierney said.

Counsel assisting the coroner Andrew Muller also took aim at the way the case was triaged.

“Brontë should have been assessed as a category C or D, resulting in some urgent follow-up,” Mr Muller said.

“What is material is that, on any view of the available information, Brontë was incorrectly assessed for triage purposes.”

Mr Muller has recommended an overhaul of the triage system.

But in its submissions, the ACT defended Ms Boyd’s decision, saying she had not been able to speak to Ms Haskins and her only contact was with her mother.

“She had been told that the AFP had been called and she assumed that the police would contact her if they thought Brontë needed a risk assessment or mental-health service,” the territory submissions said.

Court hears CCTV footage of minutes before attempt to take life missing

A young woman smiles at the camera while cuddling a big black dog.
Ms Haskins’s family have called for greater transparency in passing on confidential details after the death of a mental health service user to the Coroner’s Court.(Supplied)

Another key issue was the fact police returned a CCTV recorder to Brett French, an associate of Ms Haskins, at whose home she had tried to take her life.

The court heard about 45 minutes of footage which may have shed light on the events leading up to her death was deleted

Court documents showed Mr French had admitted showing some of the CCTV to another man.

Mr Tierney told the court the family wanted an adverse finding against Mr French for his “callous” treatment of Ms Haskins on the day of her death.

Mr Tierney also identified the behavior of police investigating the death as an issue.

“A proper investigation and analysis of the CCTV recorder may have disclosed further and important information to the coroner to assist in the process of considering Brontë’s death,” he said.

He has called for a recommendation that will send a message to the AFP about the handling of coronial exhibits.

The inquiry has also looked into the management of Ms Haskins’s case and whether further detention could have prevented her death.

Mr Muller said there was evidence of better communications about her could have helped.

“Had Brontë been stopped the outcome may, of course, have been different,” Mr Muller said.

“But there was no proper reason she could be stopped.”

Other recommendations being sought by Ms Haskins’s family include greater transparency in passing on to the Coroner’s Court confidential details after the death of a mental health service user, recording of calls to the mental health line, audits of the triage system, and better information to be passed to AFP officers called to incidents.

Coroner James Stewart said he would take some time to hand down his findings.

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Bogie shooting: Tragic new details emerge of mass shooting in Queensland property

Bogie shooting: Tragic new details emerge of mass shooting in Queensland property

A 59-year-old man has been charged with three counts of murder relating to the mass shooting on a rural property near the central Queensland town of Bogie on Thursday.

Police will allege that around 9am, they received a report three people had been fatally shot at a property on Shannonvale Road and another man had suffered a gunshot wound to the abdomen.

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A 35-year-old Bogie man, Graham Tighe, his mother Maree Schwarz, 59, and her husband Merv, 71, all died at the scene.

Graham’s brother, Ross Tighe, survived and was able to flee into remote bushland with a gunshot wound to his stomach before raising the alarm.

7NEWS understands police will alleged that the gunman invited them to meet up at his property amid a dispute over a boundary line.

The 59-year-old man – who was also charged with one count of attempted murder – will appear in Proserpine Magistrates Court on Monday.

The charges come as new tragic details emerge that Graham’s partner Lucy had only recently given birth.

Graham’s uncle, Greg Austen, told 7NEWS the father had only spent a few days with the newborn before the baby was taken to Brisbane to visit Lucy’s mother.

“It’s just devastating shock that things can happen so quickly in the blink of an eye and ruin so many lives so quickly,” he said.

Maree and Mervyn Schwarz. Credit: Supplied

7NEWS understands police will allege the farming family was invited to meet with their neighbor at the edge of his Bogie property, 45 minutes away.

Shortly after, Merv, Maree, Ross and Graham were dead.

Acting Superintendent Tom Armitt said the property where the shooting allegedly took place was “tens of thousands of acres”.

“It’s actually a 45-minute drive between the neighbours,” he said.

“At the crime scene, which is at the front gate of one of the premises, it is a 3km drive between the gate and the house at that location.”

Armitt said because Ross had been so far from the crime scene, and it was unclear whether the alleged gunman was still at large, police were cautious in their approach to the property.

“At that time, not knowing whether the armed offender was present or not, putting their lives in grave danger, especially when the report was that the people had been shot with a rifle,” Armitt said.

“So that was slow and meticulous work and extremely brave of the officers who were involved at that time.”

The surviving man was airlifted to Mackay Base Hospital where he remains in a serious but stable condition. Credit: 7NEWS
Graham’s brother Ross survived and was able to flee into remote bushland with a gunshot wound to his stomach. Credit: 7NEWS

Ross was initially in a critical condition but since undergoing multiple emergency surgeries is now reported as serious but stable.

“He was able to speak to us overnight and provide us details of what occurred at the incident yesterday morning,” Armitt said.

“And detectives will be speaking to him again this morning.”

Community in shock

Merv and Maree are being remembered as a “lovely, hardworking” family as loved ones try to make sense of the tragedy.

“We’re lucky we still have Ross with us,” Austen told 7NEWS.

“To see the trauma that would have unfolded in front of him and then be able to go that far to raise the alarm, it’s a mighty effort.”

Graham leaves behind two young children, with partner Lucy stuck in Brisbane, unable to fly on commercial airlines as she gave birth a few weeks ago.

7NEWS understands after desperate efforts from family and friends, a charity will put Lucy and her children on a charter flight home.

Graham’s partner Lucy had given birth to their second child just weeks before. Credit: 7NEWS

Whitsunday Regional councilor Jan Clifford said the tight-knit community would be devastated.

“To my knowledge, nothing like this has ever happened in the Whitsunday region before,” Clifford said.

“We are all deeply saddened by the tragedy.”

Clifford said the incident was bound to have a big effect on the tiny community of Bogie, which has a population of 207 according to the latest census data.

“It’s a little village. Everyone will know everyone… It’s just awful.”

One woman working in nearby Collinsville said the entire community was in shock.

“The whole town is a bit rattled that something like that could happen here,” she told AAP.

“It’s a small town, everyone knows everyone.”

– with APA

Horrific moment child falls out of car window.

Horrific moment child falls out of car window.

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SA government to use former aged care home to help transition NDIS patients out of hospital

A tram in front of a white hospital building with green and yellow trees

A former aged care home will be used to transition NDIS patients who no longer need acute medical care out of hospital in a bid to free up capacity across South Australia’s overwhelmed health system.

The state’s hospitals continue to face unprecedented pressure, with 341 patients currently hospitalized with COVID-19, including 11 who are in intensive care.

There have also been 984 people hospitalized with the flu this year.

The new 24-bed community care facility will open next week at the former site of Uniting SA’s Regency Green aged care home.

Health Minister Chris Picton said the new facility would provide transitional care to NDIS patients with a psychosocial disability while they received mental health support.

“It’s going to give a much more peaceful and calming environment for them, the appropriate care that’s going to be provided by CLO (Community Living Options) but also making sure we are freeing up those beds,” he said.

A woman wearing a purple blazer and purple lipstick with a serious expression
SA’s Human Services Minister Nat Cook says some NDIS patients have been waiting in hospital for over a year. (abcnews)

There are currently 127 patients in public hospital beds who are eligible for NDIS support services and ready to be discharged.

“These are people who it has been difficult to find elsewhere because they do need appropriate supports,” Mr Picton said.

“These are people who have NDIS clearance, are medically cleared to be discharged from hospital but there simply aren’t places for them to go.”

The facility will cost $1.2 million to open and will initially only take patients from Central Adelaide Local Health Network (CALHN).

It will be run by CLO in partnership with Wellbeing SA, Uniting SA, CALHN and the Office of the Chief Psychiatrist.

Human Services Minister Nat Cook said for some NDIS patients, hospital could worsen conditions and escalate behaviours.

“These people, some of them have remained in hospital not just for weeks and months but for over a year,” she said.

“They have been stuck in other step-down facilities as well without pathways or coordinated journeys for discharge to home.”

A woman with short brown hair wearing a beige scarf and a black top
COVID acute commander Lesley Dwyer says 230 patients have been moved out of hospital and into aged care facilities. (abcnews)

Acute System Response COVID Commander Lesley Dwyer said in the last few weeks, 57 NDIS patients had been discharged into more appropriate accommodation.

“Accommodation that is much more home-like gives people a chance to really experience independence that they probably haven’t had while they have been in the acute system,” she said.

“In addition to that, we have also discharged 230 people into aged care beds.”

The latest data from the SA Ambulance Service shows ambulances spent 3,647 hours ramped outside hospitals during July.

The previous month, SA recorded its worst ramping times on record with 3,838 hours lost waiting for beds to become available.

The state recorded 2,421 new cases of COVID-19 today and eight deaths of patients ranging in age from their 60s to 90s.

There are currently 17,647 active cases in the state.

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Australia

University of New England vice chancellor resigns after schoolgirl assault charge

University of New England vice chancellor resigns after schoolgirl assault charge

“There will be moments in the coming days and weeks to say personal things to individuals. As an end note – I wish to respectfully acknowledge the support of my colleagues both at University of New England and elsewhere.”

The university has been under pressure to stand aside Heywood since it emerged she was charged with common assault and behaving in an offensive manner in or near a public place after an incident at the Armidale Ex Services Memorial Club on March 8.

The teen’s father said the incident occurred after a discussion at the event when the teenager approached another member of the panel to say that she related to that speaker’s experience of racism

“When she said that, the vice chancellor licks her finger with saliva and rubs it on my daughter’s face and says something to the effect of ‘Oh you’re brown, yes you’re right, it’s not coming off’,” the father said.

He rejected a police statement that emphasized there was no physical harm to the alleged victim.

“In this day and age, saliva on someone’s face, is that not an injury?”

NSW Labor’s tertiary education spokesman Tim Crakanthorp and local MP Adam Marshall joined the National Tertiary Education Union (NTEU) on Wednesday in calling for the university council to stand Heywood down pending the conclusion of the court proceedings.

Harris praised Heywood in Friday’s statement, thanking her for “her strong leadership of the university in navigating a period of tremendous change.”

He said Heywood had led important work in refocusing the university and creating new pathways for the institution.

“Professor Heywood considers it a great honor to have been the vice-chancellor and chief executive officer,” Harris said.

He said both Heywood and the university council acknowledged the deep hurt by many on hearing of the charges, thanking the community for its patience as it “worked through these matters”.

“The university council wants to clearly state that it remains deeply committed to fostering a safe, inclusive and respectful environment for its students, staff and community at all times,” Harris said.

The university’s deputy vice chancellor Professor Simon Evans will act in the vice chancellor role while a replacement is found.

NTEU NSW secretary Damien Cahill said Heywood’s resignation was appropriate under the circumstances.

“This affair does leave unanswered some very important questions that relate to governance at [University of New England],” he said.

“How long did the university know about these allegations that led to the VC’s resignation? Why were they silent for so long? There remains significant work to be done by the senior leadership to rebuild the trust of students, staff and broader community in this great public education institution.”

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Homeless man tackled by SA Premier’s security during press conference vows to fight charges

A man walks from a court building holding a guitar and smiling

A homeless man who was tackled to the ground and arrested in front of the South Australian Premier at a press conference in Adelaide says he feels he was unfairly targeted by police.

Aaron John Rudd, 54, was arrested during a scuffle with security at a press conference held by Peter Malinauskas on Hutt Street in Adelaide on June 30.

A plain-clothed police officer asked him to move back because he was getting too close to the Premier.

Rudd was then escorted away by Mr Malinauskas’s security detail and handcuffed face-down on the pavement in scenes that were captured on camera by the gathered media.

Mr Rudd, who arrived at the Adelaide Magistrates Court today with a guitar, is charged with disorderly behavior and resisting police.

After his court hearing, he told the media he meant no harm when he moved closer to the press conference to see what was going on.

“I was just passing by and was curious to watch, see what it was about,” he said.

“I feel very much that I was unfairly targeted.

“I just think it was maybe the ignorance of the police officer, he should be trained better to be more diplomatic about these situations, it’s not the way to handle a situation like that.

“People like that they should be a bit more professional, treat the public with a bit more dignity and respect.”

Aaron Rudd arrested
Mr Rudd was handcuffed face-down on the pavement on June 30. (abcnews)

Mr Rudd said he used to be a full-time carer and has been living on the streets since losing his job and felt passionately about advocating for the rights of disadvantaged people.

“I’m very compassionate and very passionate about street people,” he said.

“These people have a heart and I care for them, I like being around them.”

Mr Rudd said he did not know who Mr Malinauskas was, but felt it was his right to “bear witness” at the press conference.

He said the police officer and security detail were “aggressively intimating” towards him and he tried to defend himself.

“I pushed him, I met him with equal resistance. I was not charged with assault because, as I said to them, this will reflect in footage,” Mr Rudd said.

When asked by reporters if he might write a song about what happened, he said “maybe one day” and that it would be called “freedom for the people, a right to witness.”

The court case was attached to October.

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Australia

Nadesalingam family from Biloela granted permanent visas to stay in Australia

Nadesalingam family from Biloela granted permanent visas to stay in Australia

“They’re finally really and truly home because they get that permanency and freedom and safety – which is what they wanted ever since they set foot in Australia,” she said.

“We feel like this is it now, they’re going to be safe living in Australia. It’s just that sense of peace and relief that only permanency can give people.”

The family’s lawyer said the decision meant they did not have to go through any more litigation and could move on.

“Look, as a lawyer, you don’t always have a happy ending to cases, but it’s nice after working on something for so long to be able to help fulfill their hopes and dreams, and to bring to an end what has been a particularly difficult period for them in immigration detention,” Ford said.

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Opposition home affairs spokeswoman Karen Andrews said granting the family permanent visas would set a “high-profile precedent”.

“It undermines the policy that if you come here illegally you will never settle in Australia. Last time Labor was in government, more than 50,000 people arrived here illegally on more than 820 boats,” she said in a statement.

“Tragically, at least 1200 people died at sea. Together with Labor’s policy to abolish temporary protection visas, this gives people smugglers a product to sell to desperate families and people.”

But Giles said the government would continue to intercept and return any unauthorized boats attempting to reach the country.

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“For anyone who attempts to migrate via an unauthorized boat to Australia – you will be caught, returned or sent to a regional processing country,” he said.

“I do not want people to die in a boat on a journey when there is zero chance of settling in Australia. This has not changed since the last Government. We are not considering changing this policy.”

The Nadesalingam family were taken into immigration detention about four years ago, and moved to Christmas Island in 2019 before being shifted to Perth as they fought to remain in Australia.

Before their detention, the family had lived in the rural Queensland town of Biloela, south-west of Gladstone.

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Father-of-six denied bail in Darwin after fight ends in the death of his brother in Jingili

The suburb sign of Jingili located next to a busy arterial road.

A punch-up between brothers has ended in tragedy, with one dead and the other set to remain in custody for now, after being denied bail.

Peter Kinthari, a 39-year-old father-of-six, has been charged with a manslaughter after the death of his brother in the northern Darwin suburb of Jingili on Wednesday night.

Northern Territory Police have described the death as a “domestic violence incident”.

During a bail application on Friday afternoon, the court heard the brothers, who hailed from the remote community of Wadeye, had “engaged in a fair fight” during a prolonged drinking session.

Lawyer John Blackley, from the North Australian Aboriginal Justice Agency, said the accused’s brother and his wife had “flown in from Wadeye that day”, before they met with their family members and started drinking heavily.

The two brothers began arguing, with witnesses alleging that verbal taunts soon spilled over into physical violence, with an ensuing altercation lasting at least two hours.

Mr Blackley said, at one stage, the fighting was interrupted by an “intermission” where “both the accused and the deceased were hugging each other and were in good spirits”.

The entrance of the Darwin Local Court, on a sunny day. There are palm trees and blue sky in the background.
A witness statement alleges they saw Peter Kinthari “absolutely belt” someone else during the altercation.(ABC News: Che Chorley)

Accused could face retribution in prison, court hears

The then escalated once more, with the court hearing allegations read by the prosecutor from a “sober, independent” eyewitness that the accused king had hit his brother to the face.

“I saw the father fellow [Peter Kinthari] absolutely belt the skinnier guy, knocking him from a standing position to the ground,” the witness statement read.

Crown prosecutor Marty Aust said the witness had watched the victim “completely out of it, sitting on the road by himself” when he was approached by his brother, who was yelling at him aggressively.

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University of New England vice chancellor Brigid Heywood resigns after being charged with assault

A photo of the UNE Vice Chancellor Brigid Heywood, sitting on a desk.

The vice-chancellor and chief executive of an Australian university has resigned but will defend charges against her, according to her former employer.

Brigid Heywood had been with the University of New England, based in Armidale in regional New South Wales, for three years before she was formally charged on Monday.

Police allege Professor Heywood assaulted a 16-year-old girl at a licensed venue in Armidale in March and that the teenager was not physically injured.

In addition to one charge of common assault, Professor Heywood has also been charged with behaving in an offensive manner near a public place or school.

In a statement, University of New England chancellor James Harris said Professor Heywood “strenuously denies there is any truth to the charges and will defend them.”

The National Tertiary Education Union had called for Professor Heywood to stand down while the matter was before the court.

“Professor Heywood and the University Council acknowledges the deep hurt felt by many on hearing of the charges and thanks the community for the patience shown as we worked through these matters,” Mr Harris said in his statement.

“The University Council wants to clearly state that it remains deeply committed to fostering a safe, inclusive and respectful environment for its students, staff and community at all times.”

Professor Heywood is due to face an Armidale court on September 26.

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James Fairhall jailed for 25 years for murder of partner Noeline Dalzell in front of children in Victoria

Warning: This story contains the name and images of a deceased Indigenous person.

Noeline Dalzell’s teenage children screamed and tried to shield her from their father before he reached between them and fatally stabbed her in the neck.

Every day the three children relive the trauma of watching James Leonard Fairhall murder their 49-year-old mother.

“There is an enormous hole left in their lives by the loss of their mother, three young lives forever changed by your despicable violence,” Victorian Supreme Court Justice Jane Dixon said, jailing him on Friday for 25 years.

James Leonard Fairhall has been jailed for 25 years for murder of partner in front of kids (Nine)

The 47-year-old man was jealous and enraged when he pursued Dalzell through her Seaford home, in Melbourne’s southeast, in February 2020.

She had become romantically interested in an old school friend after ending her 20-year on-off relationship with Fairhall, who had been violent towards her in the past.

Fairhall moved back into the family home a few months earlier when he had nowhere else to live.

Two days before the murder, Fairhall had told friends he wanted to kill the man Dalzell was speaking to.

Hours before the stabbing, he called her new love interest and apologized to him.

When his children arrived home from school on February 4, they found their parents arguing. Fairhall yelled at Dalzell and accused her of cheating on him.

Noeline Dalzell’s teenage children screamed and tried to shield her from their father before he reached between them and fatally stabbed her in the neck. (Supplied)

When he put down scissors he had been holding, their youngest child, then 13, hid them.

Fairhall then armed himself with a large kitchen knife.

The eldest daughter, aged 16, and son, 15, pushed their mother into the son’s bedroom to protect her, but Fairhall followed them.

The two children put themselves between their parents, while the younger daughter watched on.

All three screamed at him to stop before Fairhall reached over and stabbed their mother in the neck.

Fairhall’s son tackled him to the ground and he dropped the knife, allowing Dalzell to flee to a neighbour’s home.

The crime scene in Seaford, Melbourne in February 2020. (Nine)

Fairhall continued to pursue her, armed with a second knife, but Dalzell collapsed in the street and died from her neck wounds.

Justice Dixon said Fairhall’s offending was a serious example of intimate partner murder.

“The tragic legacy of your crime is that your three children have effectively lost both parents as a result of your actions,” she said.

Fairhall tried to blame his children in letters he wrote them from prison. They were never handed over, but were used by prosecutors to show his lack of remorse for the crime.

With time served he’ll be eligible for parole in 16 years.

Support is available from the National Sexual Assault, Domestic Family Violence Counseling Service at 1800RESPECT (1800 737 732).