The man accused of murdering an alleged home intruder near Katherine earlier this year, will likely plead guilty to the lesser charge of manslaughter, a court has heard.
Key points:
Kim Kellett, 38, will likely plead guilty to a charge of manslaughter
Prosecutors have withdrawn the earlier murder charge
Mr Kellett is accused of shooting dead an alleged home intruder in March
Kim Kellett has been in prison sincely alleged shooting a 26-year-old man on his property at the Cutta Cutta Caves National Park in March.
The 38-year-old appeared in the Darwin Local Court on Wednesday via video link from the local correctional centre, dressed in a red prison-issued T-shirt which usually indicates the inmate is held under maximum security conditions.
Senior Crown Prosecutor, Marty Aust, told the court the original murder charge would be withdrawn and replaced with the lesser charge of manslaughter.
“The Crown will be relying on a reckless manslaughter charge,” he said.
“The facts that make out that charge have been reduced to writing and there is agreement between the parties as to the facts in full, for plea in the Supreme Court.”
A set of agreed facts was given to the judge, but not read in open court.
The court heard the man is likely to plead guilty. (ABC News: Hamish Harty)
Mr Kellett’s lawyer, Peter Maley, told the court his client would likely plead guilty when the matter reached the Supreme Court next month.
“It will be ultimately a plea of guilty to an amended count two, for recklessly causing the death,” he said.
Despite indicating a guilty plea, the charge Mr Kellett faces is too serious to be dealt with by the Local Court.
“I am satisfied the evidence is sufficient to put the defendant on his trial in respect of count two [manslaughter],” Judge John Neill said.
“I direct he be tried at the Supreme Court in Darwin.”
Manslaughter carries a maximum penalty of life in prison.
Mr Kellett’s case will be mentioned in the Northern Territory Supreme Court on September 1.
Comanchero boss Mark Buddle is in Australian custody, after being deported by Turkish authorities.
Key points:
The Comanchero boss was arrested at Darwin Airport this morning after being deported to Australia
The AFP will allege he imported more than 160 kilograms of cocaine into Melbourne last year
He will appear in court today where police will apply for him to be extradited to Melbourne
The 37-year-old faced court in Darwin this morning, accused of importing more than 160 kilograms of cocaine into Melbourne in May 2021.
The judge granted a request for him to be extradited to Victoria.
The court heard Mr Buddle did not appear in person due to security concerns from police, and instead appeared via an audio link.
“Normally, of course, someone appearing in court would be either present in court or on the video from the prison, Chief Judge Elizabeth Morris told Mr Buddle.
“But the court’s received information that the police have some security concerns, and that’s why you’re on the telephone from the Palmerston watch house.”
Assistant Commissioner Nigel Ryan said the drugs had a street value of more than $40 million.
Mark Buddle was escorted on a charter flight to Darwin. (Supplied: AFP)
Commonwealth lawyer Naomi Low told the court police wanted until August 10 to extradite Mr Buddle to the Melbourne Magistrates Court, to make arrangements to mitigate security concerns.
“Mark Buddle is to be secured and kept in custody in NT Corrections until no later than the tenth of August, 2022, by which time he is to be transferred into the custody of [the AFP] … to then appear in the Melbourne Magistrates Court on or before the tenth of August 2022,” Chief Justice Morris said.
She told Mr Buddle he would be kept in prison until arrangements were made to transfer him to Melbourne in the custody of police.
Mr Buddle was deported to Turkey from Northern Cyprus last month, and taken into police custody in the capital, Ankara.
He had been living in the self-declared republic after being granted a residence permit in August 2021.
Mark Buddle became president of the Comanchero Outlaw Motorcycle Gang in 2010.(Dean Lewins, file photo: AAP)
Assistant Commissioner Ryan said the AFP had been working to “build a brief of evidence” against Mr Buddle since mid-2021.
“When it comes to this alleged offender, we have been patient and thorough, and we have done what the AFP does best – we have used our capability, intelligence and international networks to ensure we have a warrant and a finalized brief of evidence so the alleged offender can face the justice system,” he said.
“However, let me be clear: this alleged offender has been a target of the AFP-led Transnational Offshore Disruption Taskforce, known as Operation Gain, since 2021.”
Assistant Commissioner Ryan said today was the first time the existence of Operation Ironside South-Britannic had been made public.
“[The taskforce] targets Australia’s biggest organized crime threats offshore, disrupts their criminal activities and ultimately ensures these alleged criminals face prosecution.”
The managers of a Melbourne aged care home where 50 people died in a COVID-19 outbreak will be compelled to give evidence at a coronial inquiry.
Key points:
Kon Kontis and Vicky Kos last year refused to give evidence at a coronial inquest, causing delays in proceedings
The Supreme Court found the coroner acted lawfully in ordering them to appear
Family members of residents who died have welcomed the ruling, saying it will help provide answers
Kon Kontis and Vicky Kos were in charge of the St Basil’s Aged Care Home in Fawkner when the virus swept through the facility in July and August 2020.
They were initially called to give evidence at a coronial inquest last year but refused on the grounds they might incriminate themselves.
State Coroner John Cain then made a ruling compelling them to appear, but Mr Kontis and Ms Kos took the matter to the Supreme Court.
Today Justice Stephen O’Meara ruled against the pair, finding the coroner had acted lawfully.
A COVID outbreak claimed the lives of 50 residents of the St Basil’s aged care facility.(ABC News: Danielle Bonica )
Klery Loutas, who lost her 77-year-old mother Filia Xynidakis in the disaster, has welcomed the decision.
“They [Mr Kontis and Ms Kos] have got vital pieces of the puzzle that they need to share with us so we know exactly what happened, how it happened, so governments and legislators can take action so that it doesn’t happen again,” Ms Loutas said.
Ms Loutas said the delay caused by the Supreme Court action had been difficult for families.
“We’ve all been very anxious, we all want to get through this and survive the stress and the torment and the anguish and the trauma we have faced having gone through this and the process being delayed, it just adds stress to our lives, she said.
“We’ve buried our loved ones, but we haven’t laid them to rest and until we find out exactly what happened to them and why it happened none of us will be at peace, none of us will ever be at ease or start to properly mourn and grieve.”
The inquest last year heard care for residents dropped off dramatically when the virus took hold in mid-July 2020.
After Victoria’s Chief Health Officer ruled that all staff had to be considered close contacts, the federal government struggled to find a replacement workforce.
The inquest heard residents were left malnourished and dehydrated and within six weeks, 50 had died.
The inquest was added while Mr Kontis and Ms Kos’ battle to stay silent continued.
It is unclear when the hearing will resume.
St Basil’s operators facing charges
Today’s Supreme Court decision comes as the operators of the nursing home also appeared in the Melbourne Magistrates’ Court where they are accused of breaching the Occupational Health and Safety Act.
WorkSafe alleges the nursing home operator did not make sure workers wore protective equipment.(ABC News: Joseph Dunstan)
St Basil’s is facing nine charges which include failing to provide and maintain a safe working environment, failing to provide information and supervision, and failing to make sure that people other than staff members were not exposed to health and safety risks.
WorkSafe investigators allege the nursing home operator did not make sure workers wore protective equipment and did not train workers in how to use it.
They also allege St Basil’s failed to tell workers when protective equipment should be used, failed to supervise them using the equipment or verify that they were able to competently don and doff the gear.
If convicted, the nursing home provider is facing ends of just under $1.49 million.
St Basil’s will return to court in December for an administrative hearing.
A man charged with rape and multiple aggravated home burglary offenses has been denied bail by the Kalgoorlie Magistrates Court in Western Australia.
Key points:
Andrew Travis Giles is charged with rape and a series of aggravated home burglaries in Kalgoorlie
The 30-year-old is accused of breaking into three homes and sexually or indecently assaulting a woman at each house
He will next appear in court on September 1 via video link after being denied bail
Andrew Travis Giles is accused of breaking into three homes across Kalgoorlie and South Kalgoorlie in the early hours of Monday morning and sexually assaulting or indecently assaulting a woman at each of the properties.
Police prosecutor Darren Woods said the 30-year-old man from Warburton was arrested within four hours of the last alleged offence.
He told the court Mr Giles was wearing inside out blood-stained jeans when he was arrested, and a latex glove containing blood was also found at the tent where he was located by police.
Mr Woods said there would be further testing, but the blood was believed to be from the victims.
He said the clothing appeared to match what the alleged offender was seen wearing in CCTV footage from one of the victim’s homes.
Victims traumatized
Mr Woods said the alleged victims had been traumatized by what had happened and were giving evidence to help with identification of the offender.
“We anticipate further charges will be laid,” he said.
Mr Giles has already been charged with six offences, including committing an aggravated indecent assault in the course of an aggravated home burglary.
The defense counsel for Mr Giles told the court he was applying for bail on instruction from his client — despite advising against it — because Mr Giles wanted to attend a funeral in Warburton.
Magistrate refuses bail
Mr Woods strongly opposed dance.
“While there will be a long period in custody before it goes before the District Court, any period in custody would be far outweighed by the minimum 15-year sentence for the offence,” he said.
Magistrate Matthew Holgate refused bail.
He said there were no conditions that could be imposed on bail that could determine Mr Giles from further offending or from absconding.
“It is not possible to overstate the seriousness of the alleged offences,” he said.
Dressed in a blue hoodie and gray trackpants, Mr Giles only spoke to confirm his name.
He will next appear in court via video link on September 1.
The federal government is trying to block a superannuation claim from public servants that threatens to cost the Commonwealth as much as $8 billion.
Key points:
A court is considering whether public servants are entitled to billions more in super payments
As many as 10,000 public servants could be affected by the claim
The federal government is attempting to block the payments, if the court deems they are owed
Finance Minister Katy Gallagher this morning briefed Labor MPs on a bill that will be introduced into parliament on Wednesday in an attempt to squash a claim currently being considered in court.
The unusual move was sparked by an ongoing case in the Federal Court brought by three employees at the Department of Foreign Affairs and Trade (DFAT).
Through their lawyers, Brendan Peace, Peter Fennell and Timothy Vistarini have argued that DFAT did not correctly include their rent-free accommodation and some allowances as part of their salary, while they were posted overseas.
The government’s bill would retrospectively refer to a paragraph of existing legislation that includes the value of rent-free housing in the default superannuation salary of Commonwealth employees in certain circumstances, which the men are using to bring the case.
If the DFAT employees were successful, the government said, additional superannuation could be paid into their schemes, and could also posted affect around 10,000 public servants overseas between 1986 and 2022, costing the Commonwealth between $3 billion and $8 billion.
A spokesman added it could lead to “windfall gains” in some cases, potentially worth several millions of dollars, which the government considered “well beyond community standards”.
The implications of the case were flagged in this year’s federal budget and a number of agencies are likely to be caught up in the matter, including the Foreign Affairs Department and the Australian Federal Police.
A media release issued by Senator Gallagher on Tuesday argued the government had decided to act now to ensure “the entitlements of Commonwealth employees remain fair and reasonable and, importantly, that they continue to represent a responsible use of taxpayers’ money.”
It added the case could have unintended ramifications and mean that some Commonwealth employees could end up with unexpected debts for unpaid superannuation contributions.
Lawyers for the three men confirmed the civil case was ongoing but declined to comment to the ABC.
The Federal Opposition is likely to back the legislation and help move it swiftly through parliament.
HUDSON, Wis. (WEAU) – The suspect in a deadly stabbing spree in St. Croix County Saturday is set to appear in court on Monday.
52-year-old Nicolae Miu of Prior Lake, Minn. is being held at the St. Croix County Jail awaiting formal charges for allegedly stabbing five people on the Apple River Saturday, killing one person.
In a release, the St. Croix County Sheriff’s Office said they were told that multiple people had been stabbed on the river while tubing upstream from the Highway 35/Highway 64 bridge in the Town of Somerset at 3:47 pm on Saturday, July 30 Deputies found five people with stab wounds to their abdomen and began providing medical care to the victims. Two of the victims were flown and two others were taken by ambulance to Regions Hospital in St. Paul, Minn. The fifth victim, a 17-year-old boy identified by his family as Isaac Schuman of Stillwater, Minn., was taken to Lakeview Hospital in Stillwater where we were pronounced dead.
Four other victims, a 24-year-old woman from Burnsville, Minn., a 22-year-old man from Elk River, Minn., and a 20-year-old man and 22-year-old man from Luck, Wis. ., suffered serious or critical torso or chest injuries, according to the release.
The family of Isaac Schuman, who was killed in the stabbings, released a statement Sunday, said the 17-year-old soon-to-be high school senior was preparing to apply to several universities to pursue a degree in electrical engineering. Schuman had started a car and boat detailing business in the past year, and his family called him “mature for his age and had a forward-looking mentality that was uncommon for a high school junior.” Family members said he “entered every room with a big smile, infectiously positive aura and lifted everyone around him up,” and that he had a bright future ahead of him.
Miu, the suspect in the stabbings, was found at the exit point for tubers on the river at Village Park in Somerset, Wis. after witnesses told law enforcement about his location of him. Miu was taken into custody without incident.
Miu is scheduled to appear in St. Croix County Circuit Court at 1 pm on Monday. He is being recommended for one charge of 1st-degree intentional homicide with the use of a dangerous weapon, four counts of mayhem and four counts of aggravated battery with the use of a dangerous weapon with the intention to cause great bodily harm. A conviction of 1st-degree intentional homicide in Wisconsin carries a mandatory life sentence in prison.
The investigation continues and anyone who has video of the incident is asked to send it to St. Croix County Sheriff’s Office investigator John Shilts, who can be contacted at 715-381-4319 or by emailing him at [email protected].
1 killed, 4 injured in stabbing attack on the Apple River.(KARE 11 News)
A slapping game gone wrong between a group of boys has landed a Canberra couple in the ACT Magistrates Court.
Key points:
Prosecutors say the man placed one of the boys in a headlock and kicked a second boy in the head
The woman is accused of threatening the boys with violence
The man has been remanded in custody while the woman was granted bail
The court heard the incident began with a game that involved face slapping between the boys, aged 12 and 13, which escalated, causing distress to one of them.
After the boy reported his distress to his mother, 32, and her partner, 31, they accompanied him back to the house where the other boys were, finding them in a bedroom.
Prosecutors told the court the man placed one of the boys in a headlock and, as the pair fell onto a mattress, he kicked a second boy in the head.
Magistrate Glenn Theakston noted there was an allegation he then tried to choke a third boy.
“He placed his hand around the throat of another boy,” Magistrate Theakston told the court, noting the boy was struggling to breathe.
The court heard the boy’s mother made threats, telling the boys “you are screwed.”
She also allegedly told them her partner had “just got out of jail” and “we’ll get you before school”.
“We’ll get people to get you,” she allegedly said.
Prosecutors told the court it was a disproportionate response and a serious example of an assault not befitting parents.
Magistrate Theakston said he would release the woman on bail, given she had not used any force.
“I am hoping she has cooled down,” he said.
But the man has been remanded in custody after the prosecution raised concerns about reoffending.
Magistrate Theakston agreed, and said it was a bizarre assault, which seemed to have been justified by a sense of grievance to do with his partner’s son.
“I’m just not satisfied that bail conditions would [allay] my concerns,” the magistrate said.
The woman has indicated a plea of not guilty and will return to court in October.
Redland Mayor Karen Williams has been sentenced to 80 hours of community service and had her license disqualified for six months after pleading guilty to drink driving.
Key points:
The Mayor was charged with being more than three times over the limit when she crashed her car
She was disqualified from driving for six months and had no conviction recorded
A small group of protesters outside court called for her to stand down
The south-east Queensland Mayor appeared in Cleveland Magistrates Court this morning, charged with being more than three times over the legal blood-alcohol limit when she crashed her car on June 23.
The court heard Ms Williams crossed four lanes of traffic before she left the road, entered a ditch and struck a tree in the single-vehicle incident at the intersection of Queens and Wellington Streets in Cleveland.
Her blood alcohol concentration was 0.177, more than three times the limit.
She was disqualified from driving for six months and had no conviction recorded.
In sentencing, Magistrate Deborah Vasta said there would be “a small number of very hurt people who will never forgive” the Mayor.
A small group of protesters, pushing for the mayor’s resignation, gathered outside court this morning.
A group of protesters outside Karen Williams’s court proceeding at Cleveland Court.(ABC News: Jemima Burt)
Magistrate Vasta said community service would help the Mayor overcome the betrayal felt by members of her community affected by road fatalities.
“This case has gathered a lot of public attention, condemnation and vitriol,” she said.
“It seems to me that there is a group of people who feel very betrayed by your client’s actions and behavior and who may perceive your client to be a two-faced politician who has milked their grief for her own political gain.
“It seems to me that there is a real desire to see your client punished more than the average drink driver and not just because she is older and should be held to a higher standard, because of what some people see as stunning hypocrisy and betrayal. “
Current councilor Adelia Berridge said the feeling within council was “awful.”
The court heard Ms Williams had consumed four glasses of wine prior to getting behind the wheel.
Messages were tendered in court showing dozens of vitriolic texts sent to the Mayor’s phone, which included “very sad you didn’t die in the crash” and “resign now you two faced b***h.”
The Mayor and gallery, including road safety advocate Judy Lindsay, sat through a graphic road safety video.
Speaking outside court, Ms Williams described the incident as a “lapse of judgement” and said she would return to work later this week.
“I know that I will have to work very hard to regain the trust of my community and I’m absolutely committed to doing that. I will never put my family, my friends, my community and my council colleagues in this position again.
“This was a single lapse of judgment in 18 years of service to my community. I know I have hard work to do and I will regain that trust as I return to work later this week.”
One hundred and seventy-two people have died on Queensland’s road this year — the highest toll in 30 years.
‘I don’t respect’
Judy Lindsay is calling on Ms Williams to resign.(By Jemima Burt)
Among the protesters was road safety advocate Judy Lindsay, whose daughter was killed by a drunk driver in 2009.
“I think she needs to stand up and resign now,” she said.
Ms Lindsay was in a Zoom meeting with Ms Williams, and other families who had lost loved ones to drunk drivers, prior to being caught drinking driving.
“[It] just shows to me that she had no respect for me, my story or anybody else in the Zoom meeting that lost family members,” she said
Ms Lindsay said this is a “really bad example of what happens in our community.”
“I feel that for someone who is pushing for road safety in our community, she can’t be in that position anymore.”
Current councilor Adelia Berridge was also outside with the protesters advocating for Ms Williams’s resignation.
“They are asking for the Mayor to resign, which is I believe the right thing to do,” Ms Berridge said.
“How can we aspire to a civic leader who we are seeing drink driving at a very high range?”
Another senior doctor from the Canberra Hospital has lodged a case in the Federal Court, opposing an investigation by the hospital into claims of bullying and misconduct.
Key points:
Court documents lay out details of findings from several inquiries which drew on allegations from staff in the hospital’s cardiology department
Dr Alasady was told in March that he would be suspended, during a formal investigation
He says he has been treated unfairly and has been denied the opportunity to practice his profession
Cardiologist Muayad Alasady has been suspended by the hospital while the investigation takes place.
His statement of claim reveals he wants the Federal Court to revoke his suspension and stop the investigation, on the grounds he has been denied procedural fairness under his enterprise agreement.
The documents lay out details of findings from several inquiries that drew on allegations from staff in the hospital’s cardiology department.
The initial report, commissioned in 2020, listed allegations of inappropriate behavior by some people working in the department, with claims of bullying and outbursts, including swearing, kicking doors and throwing objects, and consultants shouting and screaming at each other.
The report found there was a culture of blame and a lack of respect for co-workers by some doctors.
And the report also noted there was a clash between Dr Alasady and another doctor.
But the court documents point out that managers considered the report and took no action against Dr Alasady.
The fact they didn’t tell him what they had considered was a breach of the enterprise agreement and a denial of procedural fairness, the documents claim.
The documents outline how the same thing happened with later inquiries that detailed similar allegations, to which he wasn’t able to respond.
Dr Alasady was told in March that he would be suspended, during a formal investigation.
In their submissions to the court, his lawyers said he had been treated unfairly.
“The effect of the suspension decision is that the applicant has suffered reputational harm and denied the opportunity to practice his profession,” the submission states.
Last month, intensive care doctor Bronwyn Avard took her case to the Federal Court after she was subjected to an investigation for misconduct, including allegations of bullying, and urged not to come to work.
Dr Avard said she believed she was the target of retaliation for raising safety concerns over several years.
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