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Australia

Penny Wong walks out on Russian Foreign Minister Sergey Lavrov’s address

Public Service Commissioner Kathrina Lo has attacked the recruitment process that appointed John Barilaro to a US trade post in blistering evidence in which she says the minister and Investment NSW staff hid information from interviewers.

The senior public servant who signed off on a candidate report for Barilaro, which had been tweaked and had some scores upgraded, says she would never have signed the report had she been fully informed by Investment NSW at the time.

“I have recently become aware, including through evidence given at hearings of this inquiry and through media reports, of various matters relating to this recruitment process,” Lo said in her appearance before an upper house inquiry probing Barilaro’s appointment as a senior trade and investment commissioner to the Americas.

“This includes the degree of ministerial involvement, including input into shortlisting and provision of info and informal reference.

“Had I known on June 15 what I know now, I would not have endorsed the report.

“I should never be used as cover.”

The senior public servant was one of four panellists brought in to interview candidates for the coveted US trade position, which went to Barilaro in May. Barilaro withdrew from the role amid criticism in late June.

Lo said she was not aware of many aspects of the interview process, including the actions of government and Investment NSW staff regarding the hire, including the fact Stuart Ayres, then trade minister, met with candidate Kimberley Cole and that Investment NSW staff had sought informal referees for other candidates.

She said she had serious misgivings about the way a third candidate, Mike Fitzpatrick, had been treated throughout the selection process.

The senior public servant also put on the record that a fourth member of the panel, Warwick Smith, had also raised misgivings about the recruitment process and his sense that he would not have endorsed Barilaro’s candidate report had he been fully informed of all the government and Investment NSW’s actions at the time.

“I was not aware that informal references were sought for any candidate, nor was I aware that the minister met with Ms Kimberly Cole,” Lo said.

“The other independent panel member, the Honorable Warwick Smith, who has not been called as a witness before this inquiry, would like me to put on the record that he had known then what he knows now, he also would not have endorsed the report. .

“In particular, he did not know the minister met with Miss Cole, and he’s concerned about the treatment of the third-ranked candidate.”

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Australia

Public Service Commissioner would not have endorsed Barilaro appointment had she known of ministerial interventions

The NSW Public Service Commissioner has told an inquiry she would never have signed off on former deputy premier John Barilaro’s appointment as New York trade commissioner had she known of the level of ministerial involvement.

Kathrina Lo was on the selection panel but said she was unaware that then-minister Stuart Ayres had played a role in deciding which candidates should be shortlisted and that he had provided an informal reference for his former colleague, Mr Barilaro.

Ms Lo said she had only learned of these interventions through evidence given to the inquiry and media reports.

She said she’d also been unaware that Mr Ayres had held a Zoom meeting with the other leading candidate, businesswoman Kimberley Cole.

“Had I known on 15th June what I know now, I would not have endorsed the report,” she said, referring to the final report of the selection panel.

The other independent member of the selection panel was former Liberal MP Warwick Smith.

He has not been called as a witness but Ms Lo said he would like it placed on the record that he would not have endorsed the report had he known the full picture.

The commissioner said no pressure had been placed on her personally to achieve a particular outcome but she expressed her displeasure at the way the process had been conducted.

“As Public Service Commissioner, I should not be viewed as cover for a recruitment process or a way for other panel members or the hiring agency to avoid accountability,” Ms Lo said.

Earlier today, Mr Barilaro’s former chief of staff Siobhan Hamblin told the inquiry that she had been given no reason to believe that he stood to benefit personally from any changes to the way the trade commissioners were appointed.

In the days before Mr Barilaro announced his plans to leave politics, emails show bureaucrats discussing changing the rules for the recruitment of new trade commissioners, then deciding the plum US role would be handled “as an internal matter”.

Ms Hamblin today said Mr Barilaro “never raised with me any personal interest in these roles”.

If he had, she said, she would have had no hesitation in flagging it as a concern.

Siobhan Hamblin wearing a pink jacket
Siobhan Hamblin today gave evidence to the inquiry.(AAP: James Gourley)

Ms Hamblin told the inquiry that in September last year, Mr Barilaro spoke to her about his intention to resign from politics.

She agreed that those conversations took place around the same time as he had asked his staff to prepare an urgent submission to cabinet seeking to change the trade jobs into ministerial appointments.

Ms Hamblin said the discussions were not unusual and were not confined to that period as he had been talking about leaving parliament since he took a month of mental health leave the previous year.

“Sometimes it was quite a flippant and at other times it was more serious,” Ms Hamblin told the hearing.

A close up picture of John Barilaro's face
Former deputy premier John Barilaro resigned from politics last year.(AAP: Joel Carrett)

Labor’s Daniel Mookhey pressed Ms Hamblin on the timing of Mr Barilaro’s request for his staff to prepare an urgent submission to cabinet to turn the New York-based role into a ministerial appointment.

“Was it the case that the reason why Mr Barilaro wanted this cabinet submission produced ASAP and considered urgently was because at that point of time he had already started contemplating a resignation?” Mr Mookhey asked.

“That is a question for him, Mr Mookhey,” Ms Hamblin replied.

Mr Barilaro is due to appear before the inquiry on Monday.

The acting managing director of Investment NSW Kylie Bell gave evidence that the position of New York trade commissioner has been placed on hold pending the conclusion of the hearings.

She told MPs that there were currently four people working in the NSW government’s New York trade office, earning a total of $900,000 in salaries.

In addition, there are two staff based in San Francisco and one other in Washington, who is employed through Austrade.

A woman with blonde hair and glasses smiles while sitting behind a microphone
Chief executive of Investment NSW Amy Brown gave evidence earlier this week for a second time. (AAP: Bianca de Marchi)

Labor has said it would scrap the international trade roles, saying revelations in recent weeks have raised questions about whether they are delivering value for money for taxpayers.

“With our hospitals overstretched and teachers under-resourced, the Government has failed dismally to demonstrate value for money of its senior trade commissioners,” NSW Labor Leader Chris Minns said.

Mr Barilaro’s appointment has been put under the microscope for several weeks and is the subject of two separate inquiries.

He has since withdrawn from the position.

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Australia

SA Police allege six senior Comanchero bikies caught in Adelaide park

Six men police say were senior Comanchero bikies have been arrested in Adelaide’s inner-north, in what police say will have a “distinct impact” on the gang’s activities.

The six men, aged between 20 and 55, were arrested at a park on Alexandra Street in Prospect around 7pm.

Detective Chief Inspector Darren Fielke said police believed all six were senior members of the Comancheros.

“What that’s been able to do is significantly hamper and disrupt their activities going forward,” he said.

Chief Inspector Fielke said the gathering of the men was against criminal association laws.

“South Australian legislation prohibits three or more participants of a declared criminal organization to be present in a public place,” he said.

“The penalty for this offense is a mandatory term of imprisonment to a maximum of three years.”

He said it was unclear what the men were doing in the park, but said members of outlaw motorcycle gangs go to public places “to try and get out of the police eye.”

“But they also go there to plan, strategise and discuss what they’re doing,” he said.

“Directions are given, decisions are made. So they go there to further their criminal behavior and their activities.”

A 55-year-old man from Magill, a 37-year-old man from North Adelaide, a 31-year-old man from Northgate, and a 29-year-old man from Brooklyn Park were charged with criminal association offences.

They were all danced with strict conditions not to associate with each other and will appear in the Adelaide Magistrates Court on October 7.

A sign reading Ern Sconce Rotary Park in front of trees and behind a green fence
The men were arrested in a park in Adelaide’s inner-north.(ABC News: Che Chorley)

A 20-year-old Port Adelaide man was also charged with carrying an offensive weapon and possessing prescription drugs and will appear in court on the same date.

A 38-year-old Prospect man was further charged with breaching an intervention order, arising from an unrelated incident, and was refused bail to appear in the Port Adelaide Magistrates Court today.

Detective Chief Inspector Fielke said the arrests were a “fantastic” result for police.

“We’ve taken out some of the key decision-makers of the Comanchero of South Australia in this particular incident,” he said.

“So you take away decision-makers and leaders of a group, you have a distinct impact on their day-to-day activities and whatever they may or may not be planning.”

Detective Chief Inspector Fielke said police had been targeting the activities of outlaw motorcycle gangs “more stringently” following recent shootings in Adelaide’s north.

“Clearly there’s been tensions between at least two outlaw motorcycle gang groups in the last few weeks,” he said.

“Those investigations are ongoing.”

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Australia

University of New England vice-chancellor Brigid Heywood charged with teen assault

The University of New England vice-chancellor has been charged with the assault of a 16-year-old girl.

Police allege Brigid Heywood assaulted the teenage girl at a club in the NSW town of Armidale on March 8.

The teen was not physically injured during the alleged incident.

Professor Heywood, 65, was issued with a court attendance notice on Monday.

UNE Vice Chancellor and CEO Professor Brigid Heywood.  Picture: Facebook
Camera IconUNE vice-chancellor Brigid Heywood is facing assault charges. Facebook Credit: NCA NewsWire

She is facing charges relating to common assault and offensive behavior near a public place or school.

Professor Heywood has been UNE’s vice-chancellor and chief executive since 2019.

The National Tertiary Education Union (NTEU) said it was shocked to learn of the criminal charges.

“Professor Heywood is one of just 39 vice-chancellors of Australia’s public universities. She holds a position of public trust and national significance,” NTEU NSW secretary Damien Cahill said.

University of New England campus.  Picture: Facebook
Camera IconThe University of New England campus. Facebook Credit: NCA NewsWire

“Professor Heywood is entitled to the presumption of innocence. Nevertheless, the seriousness of the allegations requires an appropriate response.”

The union is calling on Ms Heywood to step aside immediately until an outcome has been decided by the courts.

It says if she doesn’t voluntarily resign, the university should stand her down.

WSU STRIKE
Camera IconThe National Tertiary Education Union is calling for Professor Heywood’s resignation. justin samson Credit: News Corp Australia

“Australians must have confidence that those entrusted with overseeing our public institutions are honest, have integrity and conduct themselves in a proper manner,” Dr Cahill said.

Professor Heywood and The University of New England were contacted for comment.

She will appear at Armidale Local Court on September 26.

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Australia

Climate change vote strands Peter Dutton’s opposition on core issue

Peter Dutton made a captain’s call in declaring the opposition would vote against the legislation. While most of his colleagues from him were so inclined, it was a poor precedent for the new leader to preempt this week’s party room discussion.

In fact, it would have been better for the opposition to refrain from a stand, and just wave through the legislation. The government had a clear mandate for this policy, which was spelled out in detail well before the election. The Coalition’s opposition has exposed the unhappy position of the much-diminished Liberal moderates.

Liberal MP Bridget Archer (back row, centre) crossed the floor to support the legislation.

Liberal MP Bridget Archer (back row, centre) crossed the floor to support the legislation.Credit:alex ellinghausen

Tasmanian Liberal Bridget Archer crossed the floor to vote with Labour. Opposition Senate leader Simon Birmingham said if the 43 per cent target had required legislation, then “I would have wanted to vote for it in a heartbeat. However, it doesn’t require legislation.” This reasoning made no sense.

The opposition has been left looking like a stranded asset on the climate issue, adrift from a pragmatic business community that wants to promote confidence. Anthony Albanese relished quoting what he described as “an alphabet soup” of business groups supporting “a vote for certainty”.

He hit where it hurt when he taunted the opposition about “what the business community are saying about them in private”.

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The government, with a majority in the House of Representatives, did not need any crossbenchers to get its bill through. But, in a gesture, it accepted modest amendments from some of them.

It was a sign of the government’s desire where possible to be inclusive towards the teals (“good manners” as well as “good government”, Climate Change Minister Bowen called it). The teas, incidentally, had met together to discuss their amendments.

The climate vote was the culmination of what was, in legislative terms, a flying start for the government in its first parliamentary fortnight.

Albanese, anxious to reinforce the perception of momentum (that he had first generated on his overseas trips), piled the maximum number of bills into the parliament.

Among them were his aged care reforms, that passed both houses. Also on the agenda, as a private member’s bill but facilitated by the government, was the removal of the ban on the ACT and Northern Territory legislating for voluntary assisted dying. This passed the lower house overwhelmingly, with both sides giving a conscience vote. It is set to go through the Senate in September.

While it’s been a happy fortnight for the government on the legislative front, it was punctuated by a darker moment, when Treasurer Jim Chalmers delivered his sombre economic update to the house last week. Followed by Tuesday’s interest rate rise, the government can’t escape that the months ahead will become increasingly tough as cost of living increases bite deeply.

The Albanese government’s early days have sent some signals about who has influence on it. Its determination to stare down the Greens was firm. On the other hand, we’ve seen his willingness to give concessions to the unions.

Labor’s policy to scrap the construction industry “watchdog”, the Australian Building and Construction Commission, was a well-known policy plank. It was more surprising, however, that Workplace Relations Minister Tony Burke acted so quickly to draw the ABCC’S teeth by regulation, well ahead of legislation being introduced later in the year.

Even more unexpected – and highly questionable – has been the government’s intention to wind back the more detailed disclosure requirements the Morrison government introduced for superannuation funds. This can only be seen as a sop to industry funds, with no good argument that it is in the interests of fund members.

“We're learning from history”: Prime Minister Anthony Albanese at the Garma Festival over the weekend.

“We’re learning from history”: Prime Minister Anthony Albanese at the Garma Festival over the weekend.Credit:Getty

While the victory on the climate bill was the fortnight’s parliamentary showstopper, Albanese’s most ambitious play was made outside parliament, when he attended the Garma festival in Arnhem Land last weekend. There he announced draft wording for his proposed constitutional amendment for an Indigenous “Voice” to parliament.

Albanese has a deep commitment to achieving the Voice, beginning his election night victory speech with a pledge to “the Uluru Statement from the Heart in full”, and talking about it often since. One influence is his chief of staff Tim Gartrell, who a decade ago went to work for the Recognize campaign, under the auspices of Reconciliation Australia. Recognize aimed to raise awareness about constitutional reform, without committing to a specific model.

Later this term, legislation will come before parliament for the referendum. It will easily pass both houses. But unlike the climate legislation, on which the Coalition’s stance ultimately didn’t matter, except to its own credibility, on the referendum bill its position will be crucial. Not to whether the bill gets through – but to the prospects for the referendum doing so.

If the referendum passed without bipartisan support, it would be defying history. This exercise needs a united stand across the political spectrum.

Yet, it is already clear the opposition is divided on the Voice. Finding its way to a common position on the Voice referendum will be even more difficult for the Coalition than forging a new climate policy.

Michelle Grattan is a professorial fellow at the University of Canberra. This article was first published on The Conversation.

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Australia

Tamil asylum seeker family the Nadesalingams granted permanent visas after four-year battle

The Tamil family at the center of a four-year immigration battle have received permanent visas, ending a community-driven campaign against their deportation.

Priya Nadaraja, Nades Murugappan and their daughters Kopika and Tharnicaa have been living in Biloela in regional Queensland since June, after the new Labor government granted them bridging visas.

The family had spent four years in immigration detention after their visas expired in 2018.

The ABC has confirmed the family was visited by the Department of Home Affairs team at their Biloela home today and told they had been granted permanent visas.

Family friend and “Home to Bilo” campaigner Angela Fredericks was with the family when officials visited.

“They let us know the news the minister was deciding to intervene and use his powers to grant all four family members permanent visas,” Ms Fredericks said.

“It was a very tense day as we knew they were coming but had no idea what for.

“So when they said the words ‘permanent’, there were just immediate tears and just such excitement and jubilation.

“To get to say to the girls ‘you get to stay in Australia forever’, there was just a big yay from Kopika.”

Nadesalingam family
The Nadesalingam family were granted permanent Australian visas.(Australian Story: Robert Koenig-Luck)

Immigration Minister Andrew Giles said the decision followed “careful consideration” of the family’s “complex and specific circumstances”.

“This government made a commitment before the election that, if elected, we would allow the family to return to Biloela and resolve the family’s immigration status,” he said.

“Today, the government has delivered on that promise.

“I extend my best wishes to the Nadesalingam family.”

The family was taken into immigration detention in 2018 after the parents’ bridging visas expired.

They were found by the Coalition government not to meet Australia’s refugee requirements and were kept in detention in Melbourne and Christmas Island, and in community detention in Perth.

The end of a ’10-year battle’

Prior to the election, former prime minister Scott Morrison said there was “no protection owed” to the family as claims for protection had been rejected.

Soon after the election, the Labor government intervened in the case, allowing the family to return to Biloela on bridging visas.

It was the first time the youngest daughter Tharnicaa had been granted a visa.

They were welcomed home with a weekend of celebrations in June, including a special ceremony at a multicultural festival, and a birthday celebration in the park for Tharnicaa, her first outside of immigration detention.

Two smiling men stand on either side of a smiling woman and two smiling little girls.
The Nadesalingam family met Prime Minister Anthony Albanese in June after their return to Queensland.(Twitter: @alboMP)

They also met Prime Minister Anthony Albanese on June 15 on the sidelines of a Federal Cabinet meeting in Gladstone.

Ms Fredericks said the immigration uncertainty began when the family came to Australia for the first time, over a decade ago.

“This has been a 10-year battle for Priya and Nades,” she said.

“For the first time, they actually get to plan a future, they actually get to know that the dreams and goals they have for their little family can all come true.

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Australia

Russian billionaire Alexander Abramov suing Foreign Affairs Minister Penny Wong over financial sanctions

A Russian billionaire suing Australia’s Foreign Affairs Minister claims sanctions imposed over the invasion of the Ukraine have caused him severe reputational damage.

Steel mogul Alexander Abramov launched legal action against senator Penny Wong after the former government’s April sanctioning of 67 Russian elites and oligarchs over Moscow’s invasion of Ukraine.

His lawyer Ron Merkel QC told the Federal Court on Friday the sanctions caused severe reputational harm and the legal consequences had led to continuing financial losses.

Mr Abramov, who co-founded Russia’s largest steel producer, Evraz, wants the sanctions removed, arguing they are unique to Australia because no other country has placed similar bans on him.

“Our real point here is the approach the minister has taken is misconceived,” Mr Merkel said.

“Australia’s sanctions have also impacted Mr Abramov’s dealings in New Zealand.”

He said the case was unusual as public announcements by former foreign minister Marise Payne explaining her decision would form part of the suit.

On April 7, Senator Payne announced the government had decided to impose “targeted financial sanctions and travel bans” on 67 individuals “for their role in Russia’s unprovoked, unjust and illegal invasion of Ukraine.”

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Former Foreign Minister Marise Payne announced sanctions on 67 Russian elites in April

Those sanctioned included Russian military, business and government officials.

Senator Wong is represented by barrister Brendan Lim.

The federal government was considering an application to prevent the public release of some information in the court documents, Mr Lim said.

The matter will return before Justice Susan Kenny on August 26.

AAP/ABC

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Australia

Federal Minister Linda Burney says National Center of Indigenous Excellence must stay open

The Minister for Indigenous Australians has told the decision-makers who are closing an Indigenous hub in inner Sydney they have “a week to get their acts together” to keep its doors open.

Linda Burney addressed hundreds of community members at the National Center of Indigenous Excellence (NCIE) in Redfern on Friday after learning it would close within a week.

The social enterprise, which provides community services and programs, is set to be shut down on Monday following failed negotiations between its new and old owners.

“To the people making decisions about this place, you’ve got a week to sort it out,” she said.

“I am convinced we can find a resolution to this, we have to, get your acts together and sort this out, I believe it can be sorted out.”

Ms Burney said she “expressed very clearly and very forthrightly” to the Indigenous Land and Sea Corporation (ISLC) that the site must stay open, that people keep their jobs and tenants are given permanency.

Negotiations broke down between the ILSC and new owners the New South Wales Aboriginal Land Council (NSWALC) who failed to reach agreement over the centre’s financial future.

Up to 50 staff, mostly young Indigenous people, are set to lose their jobs.

a number of young students sitting on the floor holding signs
The social enterprise is due to be shut down on Monday.(ABC News: Nakari Thorpe)

Ms Burney — who attended with the Member for Sydney Tanya Plibersek and Sydney Lord Mayor Clover Moore — said future negotiations about the center needed to “have local people sitting at the table”, saying it wasn’t appropriate discussions only involved the two parties.

“Because this joint is important … and what I’d like to see going forward is to hear directly from you,” she told locals.

“Voices need to be heard and that fact you have so many people here is a very loud voice.”

Co-founder and CEO of non-for-profit Redfern Youth Connect Margaret Haumono, who runs a high-school program at the centre, said Ms Burney’s support was “reassuring” but requested something in writing.

“There is no announcement but at least someone is hearing us … at least the dialogue has opened,” she said.

“For too long we’ve sat here and not been included, this belongs to the community and this is how it’s staying.”

On Wednesday, the ILSC said it was working with NSWALC to ensure the community “will still have access to the facility for community purposes and programs under the ownership of NSWALC.”

three women sitting on chairs at a public meeting
Mayor of Sydney, Clover Moore, left, joined Linda Burney, centre, and the Member for Sydney Tanya Plibersek at the community meeting.(ABC News: Nakari Thorpe)

It acknowledged its announcement to shut down the center was “particularly distressing for staff” and is offering separation payments.

It also confirmed tenancies will continue under the new ownership.

Ms Plibersek told the community: “It can’t be beyond us to get it sorted.”

“This place has to stay here for the community … jobs need to stay, programs need to stay, community access needs to stay,” she said.

The center opened in 2006 and offers sports, fitness, conferences and community classes including tutoring and educational support.

Locals have been gathering at the center each day to protest its closure.

Ms Burney said she would be meeting with the ILSC and NSWALC later today.

a group of people sitting on chairs at a community meeting
Hundreds of community members attended the meeting ahead of the centre’s closure.(ABC News: Nakari Thorpe)

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Australia

Ex-WA police officer Michael Richard Tyler used social media to discuss sexually abusing children

A former West Australian police officer is behind bars after pleading guilty to accessing and possessing child sex abuse material, which he then discussed and forwarded to users in online chat rooms.

WARNING: This story contains content that some readers may find upsetting.

Michael Richard Tyler, 38, was a senior constable stationed in the Mid West city of Geraldton last year, when he used social media apps such as Discord and WhatsApp to discuss sexually abusing children.

The District Court was told a search of his electronic devices discovered thousands of messages that included discussions about drugging and raping children.

During some of those discussions, Tyler also forwarded images and videos of children as young as two months being abused.

In one exchange, Tyler and a woman talked about abusing an eight-year-old girl while they were babysitting her.

In a different conversation with another woman, the discussion centered around about being abusive parents.

Crimes followed ‘tumultuous few years’

Tyler’s lawyer Clint Hampson told the court the offenses took place after his relationship broke down and his former partner took their children overseas.

Dr Hampson said that he had a “profound effect” on Tyler’s mental health and triggered what he called “a tumultuous few years” that included drug addiction.

The court heard Tyler then met a woman on Tinder, who talked about abusing a child.

“He accepts that once he was introduced to this, he’s gone and offended,” Dr Hampson submitted.

It was revealed during the hearing that a female co-offender had been sentenced earlier this year over her “online chats” with Tyler.

She claimed she had been coerced by him into taking part, despite having no interest in child abuse material.

Judge dismisses ‘fantasy’ claims

Tyler’s sentencing was adjourned until November after Judge Charlotte Dawson said a psychological report was needed to determine the extent of his sexual interest in children.

Judge Dawson said in some of the material before her, Tyler had referred to his crimes being “fantasy”, which she highlighted was not the case.

“This isn’t fantasy, these are real children, real victims,” ​​she said.

“To see the word fantasy, that is offensive… it is clearly erroneous.”

Tyler did not seek bail and was remanded in custody.

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Harley Thompson found not criminally responsible for fatal Bomaderry house fire

New South Wales South Coast man Harley Thompson, accused of murdering his neighbor in a house fire, has been found not criminally responsible for the death.

The 27-year-old sat in the Mid North Coast Correction Center in Kempsey watching the verdict via a video link today as it was read in the Nowra Supreme Court.

Wearing prison greens with a shaven head and mullet, he was quiet and still through the proceedings.

Mr Thompson initially lied to police about starting the fire on July 31, 2020, but later acknowledged that he did.

Cameron Johnston, 49, was killed in the fire.

Mr Thompson had repeatedly threatened Mr Johnson at his Bomaderry house on the night of the fire, smashed windows and yelled profanity-laden abuse at the man he did not know.

Phone records show Mr Johnson had called police and his housing provider on the night to report what was happening and that he and his son were “scared with just about every window smashed.”

Mr Thompson then “chucked” petrol through the windows of the house and set fire to the curtains.

Neighbors gave evidence that they heard Mr Johnston’s son scream “Dad, dad, dad” and a short time later heard Mr Thompson yell “Burn ****, burn”.

They said he later laughed while almost sounding excited.

An autopsy found Mr Johnston died from carbon monoxide toxicity and had suffered burns to multiple areas of his body.

Mr Thompson’s lawyers said during a trial over the past couple of weeks that he was not responsible for the crime because he had a mental health impairment.

Prosecutors argued he had feigned his symptoms.

the exterior of a brick court building with an arched entrance
The Supreme Court verdict was delivered in the Nowra Courthouse.(ABC Illawarra: Ainslie Druitt-Smith)

‘Satisfied’ with defense of mental health

In his verdict, Justice Michael Walton said he accepted the evidence provided by two expert psychiatrists as well as clinical assessments.

They diagnosed Mr Thompson with schizophrenia or schizoaffective disorder or depression with psychotic features.

It created severe delusions and auditory hallucinations.

One expert suggested the symptoms had presented when Mr Thompson was admitted to hospital in Victoria in November 2019.

Dr Andrew Ellis gave evidence that Mr Thompson’s symptom of echo des Pensée, which he described as “a very technical psychiatric term of hearing your own thoughts spoken out loud”, was not identified at the time.

Justice Walton told the court having considered all the evidence he was “satisfied that the defense of mental health impairment is established”.

“I have experienced temporary or ongoing disturbances of thought, perception, mood and mostly likely memory,” Justice Walton told the court.

“The disturbances were regarded by the experts as significant for clinical diagnostic purposes and the disturbances significantly impact judgement.”

He said while Mr Thompson also had a substance abuse problem, his impairment was his underlying mental health condition.

“I am satisfied that the accused knew of the nature and the quality of his act but did no reason with a moderate degree of sense and composure about whether the act, as perceived by a reasonable person, was wrong,” Justice Walton said.

“The verdict that will be entered on the indictment is ‘act proven but not criminally responsible’.”

A victim impact statement from Mr Johnston’s son, who was watching the verdict via the video link, was presented but not read aloud in the court.

“I express the condolence of the court and the community to the family and friends of Mr Johnston and in particular Mr Johnston’s father, brother and son,” Justice Walton said.

The Justice ordered Mr Thompson be detained and held under the supervision of the Mental Health Review Tribunal because of his history of escalating mental illness.

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