Kosciuszko National Park – Michmutters
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Australia

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Media coverage criticized

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

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

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

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

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

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

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

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

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

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

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Categories
Australia

Historic Kosciuszko hut rebuilt, ready to use after Black Summer bushfires

For more than two-and-a-half years the charred remnants of Sawyers Hill hut have served as a reminder of the harsh 2019-2020 bushfires that swept through the NSW Snowy Mountains.

Built as a travellers’ rest house in the 1900s, it was one of the most renowned historic structures in Kosciuszko National Park.

It is back in business and is the first of the 11 historic huts that burnt down during the Black Summer bushfires to be rebuilt.

NSW National Parks and Wildlife Service ranger Megan Bowden said it was the only hut in Kosciuszko that was built as a travellers’ rest hut.

She said it was significant because of its association with important historic transport routes through the mountains.

“From people who used it in the early days right through to people who used to use it until it was burned,” Ms Bowden said.

“They’re quite significant as being living museums, as markers of the past and for present use.”

She said it “really hurt” to see them destroyed by fire.

“Especially Sawyer’s Hut, which was actually burned down in 2003 and we rebuilt it,” she said.

“So, to see it go again was certainly pretty hard.”

A park ranger inspects the ruins of an old hut, where now just a brick chimney stands.
Sawyers Hill hut was destroyed by fire in 2020.(ABC News: Matt Roberts)

Rebuilt by NSW National Parks and Wildlife Service staff and volunteers, the timber was sourced from burnt trees that were felled during a roadside fire risk reduction program.

“We’ve used local millers to cut them to specific dimensions and shapes like splayed boards, which are actually hard to get now,” Ms Bowden said.

“So it’s nice to be able to use the timber that was burnt in the 2020 fires and then to see it being used in the huts today.”

It was estimated that hundreds of thousands of hectares of Kosciuszko National Park burned during the 2019-2020 bushfires.

Ms Bowden said the new huts had been built with “fire resistant strategies” to help protect them during future fires.

“We’ve used things like fire retardant in the timber,” she said.

“And we’ve wrapped the windowsills with iron and actually installed sprinklers as well.”

The huts — constructed by cattlemen, prospectors, and Snowy Mountains Scheme workers in the 1800s and 1900s — help paint a picture of survival in the region during that time.

Kosciuszko Huts Association president Simon Buckpitt said their origins were many and varied.

“Some were [for] stockmen, some were for soil conservation work, some were for hydrology, and some of them were for early survey works,” Mr Buckpitt said.

A hut in the snow with skiiers outside.
The huts have long been used by cross-country skiers and for shelter.(Supplied: Klaus Huenke)

In more recent times, the huts have been used by those seeking refuge from the harsh cold climate.

Two men sought shelter in Seaman’s Hut after becoming disoriented during a hike on Mount Kosciuszko in June.

“When people do get stuck in bad weather these huts have provided really important emergency shelter,” Ms Bowden said.

A landscape of burnt bushland.
Much of Kosciuszko National Park was badly burned during the 2019-2020 bushfires.(ABC South East NSW: Keira Proust)

Timber skills kept alive

Vickery’s Hut in Tumut is next in line for a rebuild and will require traditional timber practices in construction.

Ms Bowden said the project would run training courses throughout the rebuild process to help keep the historic timber skills alive, using broad axes and other traditional methods.

“A lot of these timbers you need the skills to know how to prepare them and install them in these places,” she said.

“We’re actually trying to run some training courses as well through this program.”

Two NSW National Parks and Wildlife Service staff rebuilding a historic hut
NSW National Parks and Wildlife Service staff and volunteers are working on the rebuild project.(ABC South East: Keira Proust)

The entire rebuild project is expected to be finished by 2025, pending weather conditions.

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