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Australia

Family of Queensland man Ian Seibel, who was killed by speeding, unlicensed driver slam ‘ridiculous’ penalties

The family of a man who was killed after being hit by an unlicensed and speeding driver north of Brisbane have slammed the punishment handed to the man responsible as “ridiculous” after learning he will spend less than two years in jail.

Manpreet Singh Brar pleaded guilty in the District Court on Thursday to one count each of dangerous operation of a vehicle causing death and driving without a licence.

During a sentencing hearing in Brisbane, the court heard Ian Seibel, 51, was crossing an intersection in Kallangur in the Moreton Bay region with his wife and their dog in November 2020, when they were hit by the 33-year-old’s car.

The court was played graphic dashcam footage of the crash, which showed Brar speeding through a red light, before colliding with another car, then slamming into the couple.

Mr Seibel sustained extensive head injuries and died in hospital several days later.

Ian smiles in a cap.
Ian Seibel was killed by a speeding, unlicensed driver while walking his dog with his wife in November 2020.(Supplied)

A woman in the second car was also critically injured and spent more than two weeks in hospital and “likely would have died” without surgery, the court heard.

The court heard Brar, who is an Indian national residing in Australia on a partner visa, had been driving unlicensed since 2016 and continued to do so after the crash, breaching his bail conditions.

He also has a lengthy traffic history dating back several years which included multiple counts of speed.

Crown prosecutor Chris Cook told the court tests also determined Brar had a low level of cocaine and high level of cough medicine in his system, but it was not alleged he was adversely affected by the drugs at the time.

“He was fatigued having used those drugs earlier,” he said

“He shouldn’t have been on the road that day.”

‘A kind, loving, gentle giant’

Mr Cook told the court it was clear from victim impact statements submitted to the court by family members that Mr Seibel was a “much loved” husband, father, son and friend.

“Mr Brar has caused his unnecessary and untimely death through his actions that day,” he said.

  Paula Seibel looks distracted.
Widow Paula Seibel described the current justice system as “a toothless tiger.”(AAP: Jono Searle)

In Paula Seibel’s statement, she described her husband as her “best friend” and “better half”.

“I feel like I am less than a whole person now that I don’t have him by my side,” she said.

“I am beyond angry that I have not had the opportunity to spend the rest of my life with this kind, loving, gentle giant.”

Mrs Seibel made an impassioned plea to the judge, urging her to apply the maximum penalty to Brar, calling the current justice system a “toothless tiger.”

“I hope that my voice will not go unacknowledged and that lan will not be victimized once again,” she said.

“Our society is crying out for harsher penalties… Where is the incentive to stop committing crimes when a mere slap on the wrist is the only punishment received?”

Family ‘beaten’ after sentence

Judge Katherine McGinness acknowledged the “enduring heartache” Mr Seibel’s family would suffer but said there were sentencing considerations she had to make under Queensland legislation.

“No sentence I impose can turn back time or alleviate in anyway the profound pain,” she said.

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Australia

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

A Victorian man has been jailed for 25 years over the stabbing murder of his partner in front of their children.

WARNING: Aboriginal and Torres Strait Islander readers are advised that the following article contains the name and images of a person who has died.

Noeline Dalzell died on a Seaford driveway, in Melbourne’s south-east, in 2020.

James Leonard Fairhall, her partner and the children’s father, was today sentenced in the Supreme Court of Victoria to 25 years in prison for her murder.

The 47-year-old was found guilty by a jury in December last year after a trial lasting nearly a fortnight.

He had pleaded guilty to the lesser charge of manslaughter, which prosecutors rejected.

“You stabbed Noeline in front of your three children while they tried to deter you and protect their mother,” the Supreme Court’s Justice Jane Dixon told Fairhall in his sentencing hearing.

He was given a non-parole period of 18.6 years. With 913 days already served, he will be eligible for parole in 16 years.

On February 4, 2020, an argument broke out in the family home between Ms Dalzell and Fairhall after he learned she was seeing another man.

The couple were separated at the time, but Fairhall had been back sleeping on the couch at the Seaford home for two months.

That was despite an intervention order issued in 2018 banning him from being there or even contacting Ms Dalzell.

He had breached that intervention order previously, in what police described as incidents of family violence.

Son pushed father away in bid to protect his mother, judge says

On the day of her death, their children, aged 13, 15 and 16 at the time, arrived home from high school to find their parents arguing.

Their father seemed drunk and angry, they testified.

He became progressively more aggressive, following Ms Dalzell around the house carrying a pair of scissors.

Those scissors were eventually discarded and replaced by a big kitchen knife.

A woman wearing a red long-sleeved top looks over her shoulder at the camera smiling.
Her loved ones say Noeline Dalzell was an angel with a ‘cheeky smile’.(Supplied)

Ms Dalzell took refuge with her children in the bedroom of her only son as her kids screamed at their dad to stop.

“You threatened to kill Noeline and tried to get past your children to get at her,” Justice Dixon said to Fairhall during his sentencing.

“Your son pushed you to try and keep you away.

“Suddenly you reached over the top of your children and stabbed Noeline once to the left side of the neck with the knife you were wielding.”

Neighbor showed ‘considerable courage’ in bid to save Ms Dalzell’s life

In Ms Dalzell’s final moments she attempted to flag down help from neighbours, who tried unsuccessfully to save her life.

Despite initially using a second knife to threaten a neighbor who tried to help, Fairhall did eventually assist with first aid, which Justice Dixon considered in deciding the length of his sentence.

“[The neighbour] was about to call triple-0, when you approached him brandishing the second knife and told him not to call the cops,” Justice Dixon said.

“I have retreated into his house and locked the front door.

“Minutes later, displaying considerable courage, he went back outside to offer help in response to the unfolding commotion.”

But it was too late.

Noeline was 49.

A smiling woman sitting outside wearing a bright orange sweat shirt.
Noeline Dalzell is remembered as a great person and mother.(Supplied)

Fairhall had a criminal history of violence and had floated family violence intervention orders in the past.

Justice Dixon said the attack was not spontaneous.

“You were following Noeline around the house before the incident and pursued her into the bedroom, before reaching past and over your children to stab her,” she said.

She noted to ongoing impact the murder had on those children.

“Three young lives forever changed by your despicable violence,” Justice Dixon told the convicted murderer.

“There is an enormous hole left in their lives by the loss of their mother.”

At her funeral in 2020, Ms Dalzell was remembered as a proud mother and a passionate Essendon supporter.

“She was a great person, she was a great mum to these kids,” her sister-in-law Jenny Dalzell told the ABC in 2020.

“What happened to her was just tragic, it shouldn’t have happened.”

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Categories
Australia

Redland Mayor Karen Williams pleads guilty to drink driving charges

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.

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 people with protest signs.  'Drink driving can kill people'.
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’

A woman holding a brochure outside court.
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?”

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