An Adelaide magistrate has committed a man to stand trial in the District Court for the attempted rape of a 13-year-old schoolgirl after he told the court he “just doesn’t care anymore.”
Key points:
Anthony Stengewis is accused of attempting to rape a girl at a Gilberton bus stop in February
He has been in custody at James Nash House
The magistrate has put him down as pleading guilty
Anthony James Stengewis, 52, has been charged with attempting to engage in sexual intercourse without consent and assault with attempt to commit rape.
Staff at the secure mental health facility James Nash House, where Mr Stengewis has been in custody, told Magistrate John Wells that he did not want to appear in court this morning.
“He just doesn’t care anymore,” the staff told Magistrate Wells.
His lawyers then conceded Mr Stengewis had a case to answer.
Magistrate John Wells said he would take that as a “not guilty” plea before sending his case to the District Court in November.
In February, the court heard Mr Stengewis asked the schoolgirl, who was waiting at a Gilberton bus stop, if she had a boyfriend before allegedly pushing her into a garden bed and attempting to rape her.
“The male didn’t stop and there was no-one else around,” the prosecutor said while opposing bail in February.
“The victim started kicking the male to the stomach and groin area.”
The court heard Mr Stengewis was living in a rooming house in Medindie – two-to-three minutes walk from the alleged crime scene — and after the alleged attempted rape walked off in that direction.
An Adelaide father who tried to gas himself and his young daughter has been jailed for more than 14 years for the attempted murder of the girl.
Shaun Mate and his three-year-old daughter were found unconscious in July 2020 in what a judge described as a vindictive act of domestic violence.
Watch more in the video above
Watch the latest News on Channel 7 or stream for free on 7plus >>
In the days leading up to the crime, he had bought two gas tanks, putting his plan into place after an argument with his then-wife.
Sentencing Mate in the Supreme Court on Friday, Justice Geraldine Davison said the impact of the 45-year-old’s offending was significant and widespread.
“Sadly, in many marriage breakdowns, when feelings are running high and the parties are feeling aggrieved and vindictive, the notion of depriving their partner of one of the greatest joys of their life can seem to be a way of wreaking revenge,” she said .
“There is a significant element of vindictiveness, planning and preparation in your offending.”
Shaun Mate was sentenced to more than 14 years behind bars over the attempted murder of his daughter. Credit: 7NEWS
On the night of the offending, Mate had made a photo montage of the couple, which he played on the television and said to his wife, “this is what you’re going to miss out on”.
Davison said he later became angry and his ex-wife began to feel unsafe and called the police.
Police arrived and the couple agreed he would stay in a room downstairs.
The judge said the girl’s mother woke up during the night to find her daughter missing from her bed and when she tried to open the door to her husband’s room he told her to “go away, we’re having a little sleep now”.
At that point, the mother heard both her daughter groan and the sound of gas and called police again.
While Mate had barricaded himself in, officers eventually gained entry where they found the girl unconscious and suffering from hypoxia.
Mate barricaded himself in the bathroom and tried to gas himself and his daughter to death. Credit: 7NEWS
Davison said while the offending was both planned and premeditated she accepted a psychologist’s finding that he was suffering from a major depressive disorder at the time.
However, she said regarded his crime as at the higher end of the scale.
“The victim was a vulnerable three-year-old child. Your planning indicates that it was premeditated offending,” the judge said.
“It was the most significant abuse of trust placed on a parent.
“Your intention was to take your child’s life as an act of vindictiveness against your wife thus depriving her of that child.
“Your plan failed by the good fortune of your wife waking and acting as swiftly as she did, along with the first responders.”
The judge accepted a psychologist’s finding that he was suffering from a major depressive disorder at the time, but said it was the ‘most significant abuse of trust’. Credit: 7NEWS
Mate’s daughter, now almost five years old, is said to have no memory of the event.
Her mother told 7NEWS that recovering from the ordeal has been “very tough”, but her little girl was “doing as best we can”.
“No one wins out of this, this is not a great scenario for anyone,” she said outside court.
Mate showed no emotion in sentencing, while his father put his head in his hands and cried.
Davison jailed the man for 14 years and three months, reduced from 15 years because of his guilty plea.
-With 7 NEWS
If you need help in a crisis, calllife lineon 13 11 14.
For further information about depression contact beyond blue on 1300224636 or talk to your GP, local health professional or someone you trust.
Jason Horne-Francis’ failure to complete his “proper ice bath and recovery” is what led to his shock axing from the side to face Adelaide, 7NEWS has revealed.
Horne-Francis was left out of the Kangaroos’ line up for what would have been his first homecoming to play in front of family and friends since being snapped up with North’s first number one draft pick.
7NEWS journalist Mitch Cleary said the prized draft pick was omitted for “disobeying his coach” last weekend.
Watch every blockbuster AFL match this weekend Live & Ad-Break Free In-Play on Kayo. New to Kayo? Try 14-Days Free Now >
“The star teenager was called out by interim coach Leigh Adams and senior players on Sunday for failing to complete his proper ice baths and recovery in front of their very eyes,” Cleary reported.
“I have spent this morning with a dozen teammates training in Melbourne (instead of traveling with the squad).”
He’ll now play in the VFL after failing to live up to the club’s “Monday to Friday” expectations.
With Horne-Francis putting off contract extension talks earlier this year, there’s fears the 18-year-old could be preparing to depart the ‘Roos at the end of 2023 – when his initial two-year draft deal expires.
But North Melbourne great Brent Harvey says the club will not be “held to ransom” by Horne-Francis’ uncertain future.
“I think there’s always a risk (when dropping him),” Harvey said on RSN on Friday.
“He’s going to have the spotlight on him because he’s the number one draft pick… (but) he hasn’t gone out and robbed a bank, he hasn’t done anything bad; teammates love him, staff love him, the coaches love him – he hasn’t done anything bad. This is just part of the development of a young boy to get his preparation right and everybody else. Not just Jason.
“The risk is there (that he departs)… we know the risk, everybody knows the right. Not just Jason. It could be draft pick number five, not number one and they’re from Adelaide or Perth – the going home factor is always going to be there. Same as a Perth club that drafts a Melbourne boy – it’s always going to be there.
“But you can’t get held to ransom for these little things. You’ve got to make sure your culture is number one and that’s what our coach is doing right now and I absolutely love it.”
McRae reiterates hope to re-sign De Goey | 00:36
The decision to ax Horne-Francis shocked the AFL community, with Fox Footy’s Nick Riewoldt labeling the move “strange”, while David King questioned the call given the teen would have motivation to perform in front of his support network.
Brownlow Medalist Gerard Healy even told 3AW’s sports day that Horne-Francis’ non-selection for the Crows game was “a bookend to a pretty disappointing season”.
But Harvey opened up on the decision to ax Horne-Francis, who was also left in the VFL for a week after returning from suspension earlier this season.
“There’s some stuff that we call Monday to Friday, it’s preparation stuff – you need to tick the boxes,” he said.
“This is not just about Jason … (Caretaker coach) Leigh Adams has got very good standards, I’ve got to be a little bit careful … but we’ve got players not playing in our team and I’ll name one right now : Kayne Turner.
“He would run through brick walls for every single one of his teammates and every single one of his supporters – he does everything right.
“If he’s not playing, he’s playing in the reserves at the minute, you’d want to be doing everything right to make sure you’re holding up your end of the bargain. We call that Monday to Friday and if you haven’t got your Monday to Friday in order, that’s just not good enough right now.
Koch keeps Hinkley for 2023! | 02:49
“Was it good enough in Round 3, Round 4, Round 5? Maybe.
“But with Leigh Adams in charge, the standards have gone to another level and players have to play their part. Monday to Friday is just as important as performing on game day for us.
“There’s not just one incident where we’ve just said (to Horne-Francis): ‘Nah, you’re not playing because of this’. It’s not that at all, everything comes into calculations, the form side of it, what he’s doing after stoppage. There’s so much that comes into it.”
Harvey, who played 432 games for the Roos and was a premiership winner in 1999, said the club needed to instill the best culture possible in Horne-Francis and the Kangaroos squad moving forward.
“The end of the day, we’ll always come back to what’s best for the football club and what’s best for the culture,” Harvey said.
Cripps free to play, ban overturned! | 00:35
“He’s 18 years old, there are going to be little mistakes along the way.
“Any draftee that comes is not perfect, they are never perfect… he’s come over from interstate, straight into an elite environment.
“Our job is to teach them. Then they’ve got to learn themselves.
“I think he’s done fantastic in his first year away from mum and dad.
“(But) if you compromise on your culture, things go pear shaped real quickly.”
The grieving daughter of a man who died in a horrific crash in South Australia last year has launched a blistering attack on the drunk and speeding driver responsible for his death.
Campbell Henderson, 29, appeared in court on Thursday after pleading guilty to causing the crash on Easter Monday 2021 that killed his friend and 39-year-old passenger Nick Peart.
Watch the video above for more on this story
Watch the latest News on Channel 7 or stream for free on 7plus >>
The crash occurred just meters from the houses of both men, who were neighbors as well as friends.
Peart’s high school sweetheart and wife Elaine Revi-Peart told the court in a victim impact statement that more than a year after losing her partner: “I get chest pains which I can only describe as heartache.”
Henderson was driving almost 40km over the speed limit when he lost control around a bend in Brukunga and crashed into a large tree.
Witnesses reported seeing his distinctive yellow ute doing burnouts earlier that night.
His eldest daughter, 14, also made a scathing statement to the man who was once like an uncle to her: “I hate you, I want to see you leave in cuffs and prison clothes, you have ruined my life.”
“Without my dad, it is hell.”
The fatal crash at Brukunga on Easter Monday claimed Peart’s life after the speeding car lost control and collided with a tree. Credit: 7NEWSWitnesses said they saw the distinctive ute doing burnouts on the same night as the crash. Credit: 7NEWS
Henderson was teary-eyed in court and remorseful as he admitted in court that his driving was “dangerous and irresponsible.”
“If there was any way I could trade places with Nick I would, I’ll never forgive myself.”
He pleaded guilty to causing the fatal crash.
The court heard Henderson had no criminal history and has suffered ongoing mental and physical health problems as a result of the accident he has little memory of.
It heard that the last thing Henderson remembers is being in the car, before waking up in hospital, after which he has experienced PTSD and suicidal tendencies.
His lawyer asked for a home detention report to be ordered, which Judge Joana Fuller said she would consider but did not order on Thursday.
Henderson was granted bail last year and has spent just hours in police custody.
He is South African-born but has been living in Australia since he was 10 years old, and is currently in the country on his mother’s UK passport.
He is set to be sentenced next month.
Nick Peart was the high school sweetheart of his now grieving widow and the sole wage earner for their family. Credit: 7NEWSHenderson (left) is remorseful and said he has suffered physical and mental health issues after the fatal crash. Credit: 7NEWS
Revi-Peart said her neighbor “chose to drive that day”, and that her husband “paid the ultimate price for trusting a friend”.
Peart’s mother said her son’s death was a shocking and senseless tragedy.
The last year has been tough for the family, who aside from losing Peart, have had to find a new house following extensive water damage to their home, while also caring for their daughter Kayley who lives with the health condition Neurofibromatosis type 1.
The family fundraised over $30,000 after the accident to go towards legal costs, and to support the family grieving the loss of their sole wage earner.
Daughter’s blistering attack to her father’s friend after dad’s death.
Daughter’s blistering attack to her father’s friend after dad’s death.
McDonald’s has been slapped with a wage theft claim of at least $250 million in the Federal Court over alleged denial of paid breaks to workers.
Key points:
McDonald’s workers were allegedly denied 10-minute breaks that they were entitled to
SDA is seeking at least $250 million in compensation plus penalties on behalf of the workers
The fast food giant intends to defend the allegations
The Shop, Distributive and Allied Employees’ Association (SDA) is seeking compensation on behalf of more than 250,000 current and former McDonald’s workers across Australia.
If successful, the union said the claim would be one of the largest of its kind in Australia’s history.
The SDA is alleging workers at more than 1,000 current and former McDonald’s sites were denied their uninterrupted 10-minute break when working four hours or more during a shift.
South Australia branch secretary Josh Peak said McDonald’s workers were told if they want their paid break, they cannot get a drink or go to the toilet.
He said in almost two years of investigation the union had heard more than 10,000 accounts from former and current employees, including young Australians, at McDonald’s stores across Australia.
“Workers were systematically, deliberately denied the rights to those breaks,” Mr Peak told ABC Radio Adelaide Breakfast.
“It’s just not good enough that a large employer such as McDonalds would create a scheme that leads to people not being paid correctly or getting base entitlements.”
The statement of claim alleged workers had to seek permission to get a drink or go to the bathroom and could be directed to resume work before their 10-minute break was up.
Mr Peak said workers were misled or not informed about their rest break entitlements and the multi-billion dollar corporation should be penalized for it.
“It is really outrageous behavior to be tricking young people into thinking they are not entitled to go the toilet if they used their paid entitlements,” he said.
“Workers never got their paid 10-minute rest break and when workers did ask for it, they were told ‘we don’t do that here because you can go the toilet whenever you like’, which is completely ludicrous.”
Josh Peak said McDonald’s workers should be entitled to paid breaks.(ABCNews)
The claim named 323 McDonald’s operators who allegedly denied paid rest breaks to workers over the past six years.
McDonald’s Australia issued a statement in which it denied the claims.
“McDonald’s believes its restaurants complied with applicable instruments, provided rest breaks to employees and were consistent with historic working arrangements,” a McDonald’s spokeswoman said.
“Those arrangements have been known to the SDA for many years. The manner of taking breaks has not been challenged or raised by the SDA as a matter of concern throughout successive enterprise bargaining processes for new industrial agreements.
“We are very mindful of our obligations under applicable employment laws, including the former enterprise agreement and the Fast Food Industry Award, and continue to work closely with our restaurants to ensure employees receive all correct workplace entitlements and pay.”
Claim originates from SA
The new claim is in conjunction with the SDA’s 15 existing Federal Court claims against McDonald’s Australia and 14 franchisees — seven of them in South Australia.
In December 2020, 14 McDonald’s employees at the Frewville and Mount Barker restaurants lodged a compensation claim after allegedly being denied their 10-minute rest break.
As a result of that action, the investigation extended nationwide.
Isabella worked at McDonald’s in Adelaide CBD.(Supplied)
Isabelle, who worked at McDonald’s in the Adelaide CBD for almost five years, said she was not given her entitled 10-minute break, but instead was allowed drink breaks freely during shifts.
“The drink break was only for 20 seconds, or as fast as you could drink and then come back to work straightaway,” she said.
“I’d spoken to my bosses about it and they just told us that we didn’t get them, they chose to do something different, and that it was legal, it was all fine.
“There were a lot of managers who would get angry if you needed to go to the bathroom and have a drink break.
“They saw it as you being lazy and not actually doing what you need to do.”
She said she was scared of other managers at her former workplace, even when she was in managerial positions.
“I remembered thinking, what do I need more? Do I need a drink more or do I need to go to the bathroom more — and then you just pick from there,” she said.
“Now that we’re going into an actual, normal workplace, we know that that definitely wasn’t normal to be stressed about going to the bathroom or getting a drink.”
Mr Peak said the same story was being repeated across the country.
He said the claim was also about sending a message to other franchises.
“It’s also about sending a signal right throughout the entire fast food industry that young workers, just because they’re young, doesn’t mean you can lie to them.”
Olivia Newton-John’s six life lessons: Cancer patient reveals what she learned from the Grease star who called her out of the blue to offer support
Mel Dee Dzelde claims to have had a friendship with the late Olivia Newton-John
The cancer patient, 52, received a call from the actress during treatment
A mutual friend told Olivia what Mel was going through then offered to call
Since 2017 Mel claims to have remained in touch through calls and texts
Mel told FEMAIL the important life lessons Olivia taught her over the years
By Carina Stathis For Daily Mail Australia
Published: | Updated:
An Australian woman battling two serious illnesses has shared how Olivia Newton-John called her out of the blue to help her through her lowest times.
Mel Dee Dzelde, 52, from Adelaide, was diagnosed with stage 4 rectal cancer in 2017 then Motor Neurone Disease (MND) in 2021 and claims to have received the call during treatment as she shared a mutual friend with Olivia.
‘She said: “Hi Mel, it’s Olivia here. I’ve heard you’ve been going through a challenging time”,’ Mel told FEMAIL.
‘We spoke for about an hour – she wanted to know what I was going through and shared some of her own struggles with cancer.’
The beloved Grease actress died on Monday aged 73 at her home in southern California after a 30-year fight with cancer.
Mel described Olivia as her ‘earth angel’ who continued to check-up on her from time to time, including on her birthday and at Christmas.
Mel Dee Dzelde, 52, from Adelaide, (pictured) received a phone call from the late Olivia Newton-John while undergoing cancer treatment after being diagnosed in 2017. said: “Hi Mel, it’s Olivia here. I’ve heard you’ve been going through a challenging time”,’ Mel told FEMAIL
Beloved Aussie actress Olivia Newton-John (pictured) who starred in Grease died on Monday aged 73 at her home in southern California after a 30-year fight with cancer
The friendship began when Mel’s mutual friend, Megan, told Olivia what she was going through – and without hesitation the actress offered to call.
At the time Mel was undergoing rounds of chemotherapy and was shocked when she heard who was on the other side of the line.
Mel described Olivia as a ‘very loving and kind person’ who treated everyone equally and the pair continued to stay in touch through texting and phone calls.
‘Olivia was so caring, it was like she was holding my hand through it all. She would always check-in on me which was lovely,’ she said.
The two spoke about meeting in person but Covid prevented this from occurring as Mel was in Australia and Olivia was overseas.
Lessons learned from Olivia:
Don’t focus on sickness and to instead focus on wellness
Always be positive
Make use of natural therapies
Embrace life no matter what’s happening to you
Always be kind and show love to others
laugh and enjoy life
During the last few years, Olivia taught Mel a lot of valuable lessons about how to live a happy life despite experiencing cancer treatments.
‘Olivia always said to not focus on the sickness, but on the wellness. She showed me how to embrace life no matter what’s happening to you,’ she said.
Mel last spoke to Olivia indirectly through Megan last month.
‘She hadn’t answered my last couple of messages and I was worried about her, so she felt her love to me and encouragement to stay positive when she was talking to my friend,’ Mel said.
During the last few years, Olivia taught Mel a lot of valuable lessons about how to live a happy life despite experiencing cancer treatments. ‘Olivia always said to not focus on the sickness, but on the wellness. She showed me how to embrace life no matter what’s happening to you,’ she said
Mel last spoke to Olivia indirectly through Megan last month. ‘She hadn’t answered my last couple of messages and I was worried about her, so she felt her love to me and encouragement to stay positive when she was talking to my friend,’ Mel said (pictured: Mel and her husband)
When Olivia passed away on Monday, Mel said she spent the day in tears as she reminisced on the beautiful person Olivia was.
‘She was such a beautiful human and an important person who helped so many people – it doesn’t matter who she spoke to, she acted the same way to everyone,’ she said.
‘I like to think she’s experiencing all the love the world has for her.’
Olivia Newton John, 73, passes away after 30-year cancer battle
Olivia’s battle with breast cancer first began in 1992 when she was just 44 years old.
She was very open about her diagnosis and treatment, which famously included the use of medical marijuana.
The actress famously beat breast cancer twice but was diagnosed again in 2017.
Despite the cruel toll the disease was taking her life – including crippling her for a period – Olivia kept performing, including touring the US in 2018.
She spent the last few years at home, campaigning for animals’ rights and raising money for her charity online.
She was also a strong campaigner for the use of medical cannabis for treatment in Australia.
The Grease star died at the age of 73 in Southern California on the morning August 8.
Olivia’s death was announced by her husband John Easterling on Monday on her social media pages.
Easterling said his wife died at her Southern California home surrounded by family and friends.
‘Dame Olivia Newton-John (73) passed away peacefully at her Ranch in Southern California this morning, surrounded by family and friends,’ he wrote.
‘We ask that everyone please respect the family’s privacy during this very difficult time.
‘Olivia has been a symbol of triumphs and hope for over 30 years sharing her journey with breast cancer.
‘Her healing inspiration and pioneering experience with plant medicine continues with the Olivia Newton-John Foundation Fund, dedicated to researching plant medicine and cancer,’ he added.
The family asked for donations to be made to her cancer organization, the Olivia Newton-John Foundation Fund, instead of flowers.
Adelaide Crows chairman John Olsen says the club has not sought legal advice despite talk of a class action in the wake of Eddie Betts’ claims about a controversial 2018 training camp.
Key points:
Crows chairman John Olsen said a class action would be addressed if and when it happened
He rejected suggestions there had been a cover-up at the time of the camp
But he conceded elements of what had occurred were “inexcusable”
Mr Olsen described any such move against the club as “hypothetical”, and also defended the way the club had responded in the seven days since the publication of Betts’ memoir The Boy from Boomerang Crescent.
The book details Betts’ anxiety and anger following the preseason camp, and prompted former Crow Josh Jenkins to speak out as well.
Adelaide lawyer Greg Griffin said he had begun investigating a potential class action against the club, on behalf of several players who attended the camp.
“Any action would be brought in the Supreme Court of Victoria, which requires a minimum of seven group members to bring and maintain a class action,” he said.
“The number of persons, or players, is well in excess of the number that we require.”
But Mr Olsen, who earlier this week issued a public apology to Betts and Jenkins, told ABC Radio Adelaide such a development would be addressed if and when it arose.
“It is hypothetical, because until it takes place it’s not fact, and if it takes place, we’ll address the issue at that time,” he said.
Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume.
Adelaide Crows chairman John Olsen speaks to ABC Radio Adelaide’s Stacey Lee and Nikolai Beilharz.
Mr Olsen said he had spoken to all the club’s board members in the past week, but issues for discussion did not include the position of board member Mark Ricciuto who, on his Triple M breakfast show last week, said “the club has moved on from “the camp.
“Mark’s position at the board was not discussed at the meeting over the weekend. That’s not on my agenda at the moment,” Mr Olsen said.
Mr Olsen joined the club in 2020, two years after the now infamous camp.
Denials of a ‘cover-up’
The former SA premier denied the club had sought to conceal the controversy at the time, and said player welfare was the current “priority”.
“I think that’s a stretch to say there was a cover-up. People were dealing with a difficult situation,” he said.
“A number of individuals indicated to me they had a very positive experience at the camp.
“[But receiving] confidential information given by a player, and that being used in front of others at the camp, is inexcusable.
“Those circumstances cannot, and will not, happen again.”
A crowd favorite during his time at Adelaide, Betts returned to Carlton at the end of the 2019 season.(AAP: David Mariuz)
Since the publication of Betts’ book, Mr Olsen has confined himself to individual interviews and statements, rather than holding a media conference — an approach he defended.
“I have made myself available across the board, to radio, print and television,” he said.
“Shortly after Eddie Betts’s book had been released, and his comments related to chapter 17, [chief executive] Tim Silvers was immediately available on that Wednesday and immediately apologised.”
South Australian MP Fraser Ellis has lost a bid to have deception charges against him dismissed.
Key points:
Independent MP Fraser Ellis will stand trial on deception charges
He claims he is immune from prosecution because the allowance claims were under parliamentary privilege
His charges rose from an Independent Commissioner Against Corruption (ICAC) investigation
The Yorke Peninsula MP is due to stand trial later this month.
The Liberal-turned-independent is seeking to contest allegations he made 78 fraudulent claims for an accommodation allowance totaling more than $18,000.
He was one of two MPs charged and several investigated for their use of the allowance by the state’s Independent Commissioner Against Corruption after a series of exclusive ABC News stories.
Mr Ellis had argued the case against him should be dismissed, because the allowance claim forms which are the subject of his alleged deception have been tabled in parliament, making them subject to the “absolute protection of parliamentary privilege”.
This morning, Magistrate Simon Smart dismissed Mr Ellis’s application to stay the charges.
The state’s ICAC Act was significantly amended in November last year, after Mr Ellis was charged.
Amongst the wholesale changes, the protections of parliamentary privilege were strengthened, so that ICAC cannot exercise any powers “in relation to any matter to which parliamentary privilege applies”.
Australia’s highest court has allowed a man found guilty of murdering his wife by pushing her wheelchair into a pond to appeal against his conviction.
Key points:
The High Court has allowed Peter Dansie a chance to overturn his murder conviction
Helen Dansie drowned in an Adelaide pond in 2017
The appeal will be heard in SA Supreme Court
Peter Rex Dansie, 73, was sentenced to life in prison for killing his wife, Helen Dansie, in Adelaide’s southern parklands.
Mrs Dansie drowned in a pond in Veale Gardens in April 2017.
Dansie lost a bid to appeal his conviction in South Australia’s Court of Criminal Appeal two years ago.
Today, two High Court judges dismissed Dansie’s application to appeal, but Justice Kevin Nicholson said he would have quashed the conviction as the evidence did not rule out the possibility that Mrs Dansie might have accidentally drowned.
“It would be dangerous in all the circumstances to allow the verdict of guilty of murder to stand,” Justice Nicholson said.
The High Court then granted Dansie’s application for special leave to appeal the majority decision of South Australia’s appeal court.
Helen Dansie drowned in a pond at Veale Gardens in Adelaide in 2017.(Supplied: SA Police)
The High Court unanimously found South Australia’s Court of Criminal Appeal misapplied the law and has allowed Dansie to appeal against his conviction.
The matter will be remitted to the South Australian Supreme Court for rehearing.
In allowing the appeal, the High Court said the Supreme Court needed “more than mere satisfaction” to prove guilt beyond reasonable doubt.
“The appellant argues that the majority (of the Court of Criminal Appeal) misinterpreted and misapplied the approach required to be taken,” the judgment said.
“The appellant’s argument is well founded.
“The appeal must be allowed.
“What each member of the Court of Criminal Appeal needed to do in order to apply the test … was to ask whether he was independently satisfied as a result of his own assessment of the whole of the evidence added at the trial that the only rational inference available on that evidence was that the appellant deliberately pushed the wheelchair into the pond with intent to drown his wife.”
Police divers searching evidence in the pond at Veale Gardens in 2017.(Supplied: ABC News)
Mrs Dansie’s son Grant said he was “massively disappointed” the appeal had been granted.
“It’s like a never-ending story,” he said.
Dansie previously lost appeal
When Dansie was sentenced to a non-parole period of 25 years two years ago, Justice David Lovell said Mrs Dansie’s murder was the “ultimate act of domestic violence” and described it as an “evil and despicable act”.
“This was a chilling, planned murder of a person whose only mistake was to trust you,” he said.
During the trial, prosecutors alleged Dansie murdered his wife because he regarded her as a cost burden.
Mrs Dansie, a former microbiologist, suffered a stroke in the 1990s that left her with long-term disabilities.
The court at the time heard she was on an indexed pension for life, a large portion of which Mr Dansie was entitled to as her full-time carer.
Justice Lovell established a “dual motive” for the murder—a deterioration in Dansie’s feelings for his wife and an interest in pursuing a sexual relationship with another woman overseas.
Shops would be allowed to open two hours earlier on a Sunday under new laws set to go into state Parliament next month.
Key points:
The SA government is looking to allow shops to trade from 9am on Sundays
The bill would also shops outside the Adelaide CBD to open on Boxing Day
Reforming shop trading has been a Labor election promise
Consultation on the reforms has begun with Premier Peter Malinauskas describing the changes as “sensible”.
Under the proposal, shops will be allowed to trade from 9am on Sunday as opposed to the current laws which only allow them to open at 11am.
The bill would also also allow metropolitan shops outside the Adelaide CBD to operate on Boxing Day.
“It’s about getting the balance right. It’s supported by business, it’s supported by workers,” the Premier said.
The reforms tighten how exemptions are issued to allow trade on public holidays. The former Liberal government used those powers to allow stores to open in the suburbs on public holidays during the last term, including on Easter Monday.
“We don’t think a free-for-all in terms of the exemption regime that the former government sought to exploit is necessarily the right approach,” Mr Malinauskas said.
Currently only shops in Adelaide CBD are allowed to trade on Boxing Day.(ABC News: Nicola Gage)
The opposition is yet to consider the amendments put forward by the government.
“I do note that on recent public holidays, South Australian shoppers who have gone to the shops have been very disappointed to find out that under the new regime those shops have been closed,” said opposition spokesperson John Gardner.
For the bill to pass parliament’s Upper House, Labor needs the support of either the Greens, SA Best or the Liberals.
SDA secretary Josh Peak will ensure the interests of retail workers are heard.(abcnews)
The union representing SA retail workers welcomed the proposal but say shop trading hours should not be at the expense of workers and local businesses to the interests of interstate and overseas supermarket giants.
“For us, this consultation is about protecting retail workers’ right to be treated with respect, to have a fair roster and to have public holidays off,” Shop Distributive and Allied Employees Association secretary Josh Peak said.
“Our shop trading hours are one of the reasons we have one of the most diverse and most competitive supermarket sectors in Australia and this must be safeguarded.”
Drakes Supermarket director John-Paul Drake was supportive of an early start on Sundays.
“We have line-ups at 11am at every store every Sunday,” he said.
“More money goes into the economy, we’d employ more people and they are going to get more hours — so it’s a win-win for everyone.”
He preferred the proposed rules to deregulating shopping hours, which he said would be a “free-for-all” and benefit the “duopoly in this state” the most.
