Michael Williamson jailed for at least five years over HSU fraud


Another greedy union official bites the dust, jailed for 5 years, that’s good, but not enough when one considers what he got up to. Filling his own and his families pockets with as much money as they could grab from the low paid workers this bastard was supposed to represent. Paying family owned companies hundreds of thousands of dollars for non existent or grossly over charging for work in the union.

I posted about his antics here several years ago along with Craig Thompson and the high living they felt was a free for all “Entitlement”

I will piece together my other posts and add them here shortly. Tip of the iceburg people…

Michael Williamson jailed for at least five years over HSU fraud

Updated 5 minutes ago

Former Health Services Union boss Michael Williamson has been sentenced to up to seven-and-a-half years in jail for fraud.

The New South Wales District Court was packed as sentencing Judge David Frearson described Williamson as “brazen and arrogant”.

The judge said Williamson was in a position of power when he defrauded the union of nearly $1 million.

The 60-year-old will be eligible for parole after serving five years in prison.

Williamson had been facing a possible 20 years in jail after pleading guilty to four charges including fraud and recruiting others to hinder a police investigation.

Prosecutors say Williamson, who was already on a salary of about $500,000, was motivated by greed.

The court has been told the former Australian Labor Party president submitted false invoices to the union from a company in his wife’s name.

Williamson’s lawyers say he has apologised and taken full responsibility for his actions, noting he has also suffered depression since his behaviour was exposed.

More to come.

Michael Williamson apologises for fraud as Health Services Union claims back funds

Updated Wed 16 Oct 2013

Disgraced former ALP president Michael Williamson has apologised to members of the Health Services Union (HSU) for his large-scale fraud, as the organisation moves to recoup millions of dollars.

Williamson appeared in Sydney’s Downing Centre District Court yesterday and admitted funnelling almost $1 million of union funds into companies he had an interest in as well as recruiting union members to help cover his tracks.

Williamson admitted claiming $340,000 for a business called Canme Services – which was registered in his wife Julieanne’s name – although no services were ever provided.

He also admitted to defrauding the union out of $600,000 through a consulting company called Access Focus.

The HSU says it has now finalised its civil claim against Williamson in the New South Wales Supreme Court.

He has been ordered to pay the union $5 million for breaches of his duty, overpayments of remuneration and negligence.

But it is unclear how much of the money will be recovered because Williamson has declared himself bankrupt.

Branch secretary Gerard Hayes says the union will still be able to claw back significant funds.

“We are able to withhold $1.1 million out of his superannuation and we are withholding $600,000 of unpaid entitlements,” he said.

“And very importantly as well a public apology will be issued to our members.”

Members of the HSU include some of the lowest-paid health workers such as cleaners and support staff.

In his letter of apology released by the union, Williamson urges members not to quit saying he accepts responsibility for what he did:

“I wish to place on record my sincere apology to all of you.

“You placed your trust in me when I was the general secretary and I abused that trust.

“I apologise unreservedly to all of you for my actions, which were not in keeping with the position I formerly held.

“I have agreed to assist the union in recovery actions against others, and will honour that agreement.

“The court will determine the penalty I am to receive, but it won’t remove the fact I have to live with this matter until the day I die.”

The HSU says the settlement was reached with the help of independent mediator, the former federal attorney-general Robert McClelland.

Mr Hayes says it is a line in the sand for the beleaguered union.

“This puts the last couple of years of turmoil to bed and it gets the union focused on what the union should be focused on,” he said.

Sentencing for Williamson begins in two weeks.

Former HSU boss Michael Williamson admits fraud offences

Updated Tue 15 Oct 2013

Former Australian Labor Party president Michael Williamson has pleaded guilty to funnelling almost $1 million from the Health Services Union (HSU) to businesses he had an interest in.

Williamson, who was arrested when detectives raided his Maroubra home in Sydney’s east last year, now faces jail for the offences.

The police investigation probed allegations of corruption during his time at the HSU aired by the union’s national secretary, Kathy Jackson.

He was accused of dozens of offences, including money laundering, dealing with the proceeds of crime and dishonestly dealing with hundreds of thousands of dollars of union funds.

Williamson appeared in Sydney’s Downing Centre Local Court this morning with his solicitor Vivian Evans.

The prosecutor told Chief Magistrate Graham Henson that several offences had been folded into four formal charges that Williamson would plead guilty to.

Williamson admitted funnelling nearly $340,000 into a business called Canme Services, which was registered in his wife Julieanne’s name.

Dozens of cheques were made out to Canme for services that were never provided to the union.

He also admitted to defrauding the union out of $600,000 through a consulting company called Access Focus.

It is believed Williamson received a massive windfall from the company due to inflated fees billed to the HSU.

The former unionist also pleaded guilty to fabricating invoices to cover his tracks in returns to the union in February last year.

Caught shredding evidence

The final guilty plea came in relation to recruiting of other union members to help destroy evidence and hinder a police investigation.

Last year, Williamson was caught trying to shred documents when he was confronted by the NSW Fraud Squad at the union offices in Sydney’s CBD.

He has pleaded guilty to recruiting Carron Gilleland to help him destroy evidence in the case.

‘Absolutely outrageous nepotism’

SMH investigative reporter Kate McClymont broke the story that led to the charges. She has told the ABC it is a case of “absolutely outrageous nepotism”.

“Especially when you think that the members of the HSU are hospital cleaners, orderlies, among the lowest paid unionists in the country,” she said.

McClymont is not surprised Williamson pleaded guilty, saying there were “certain pressures put on him” to do so.

“For instance, his son Christopher was one of those that was possibly facing criminal charges. So I think that there has been some argy bargy going on over the last couple of months that has led to his guilty plea today,” she said.

Listen to McClymont’s interview with the ABC.

Williamson stayed quiet through the proceedings today, with the prosecutor informing the court of the amended charge sheet.

He emerged from court speaking on a mobile phone and ignored the hive of media that had assembled.

Williamson resigned from the HSU late last year, less than two weeks after a leaked report into the union’s internal workings alleged he engaged in nepotism by funnelling union funds to himself and his family.

The report, by Ian Temby QC and Dennis Robertson, detailed allegations of multi-million-dollar instances of nepotism, maladministration and cronyism.

It said Williamson had a salary of almost $400,000 and alleged five members of his family were among the union’s best paid employees.

The magistrate committed Williamson to sentencing on October 28 in the District Court.

Police have previously said they expect to make more arrests in the case.

Closure for union members

The Australian Council of Trades Union (ACTU) says it hopes Williamson faces the full force of the law.

ACTU president Ged Kearney says he deserves whatever punishment he receives.

“Defrauding union members of their money is something that the union movement cannot abide and will not stand for,” she said.

“These offences are very serious and we’re very pleased that they will be dealt with properly by the criminal law.”

The New South Wales secretary of the HSU, Gerard Hayes, says today’s guilty pleas by Williamson will help bring closure for the union’s members.

“There are 30,000 victims in this matter,” he said.

“They needed closure and this certainly brings closure for them.”

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Daniel Morcombe murder trial jury -guilty all charges


GUILTY ALL CHARGES-WHAT A RELIEF AND WHAT A BASTARD-CAN NOW BE REVEALED HE IS WAS A SERIAL SEX OFFENDER

Brett Peter Cowan found GUILTY murdering schoolboy Daniel Morcombe in 2003

Brett Peter Cowan found GUILTY murdering schoolboy Daniel Morcombe in 2003

At a 2011 coronial inquest into Daniel’s disappearance, Cowan admitted he had been abusing children since he was a child of nine or 10 years old himself.

By the time he was 18, he had preyed on up to 30 children.

Many of them were targeted at a local swimming pool in fleeting encounters in order to avoid detection.

His first conviction for child sexual offences was for an attack on a seven-year-old boy in Queensland in 1987.

While performing community service at a playground, he took the boy into the public toilets and molested him.

After two years on the run, he was arrested and sentenced in 1989 to two years in jail for indecent dealing.

Four years later, while living at a caravan park in Darwin, Cowan attacked again.

A six-year-old boy was looking for his sister, but when he approached Cowan, Cowan took him into bushland and molested him so violently the victim suffered a punctured lung from choking.

Cowan left the boy to die in an old car, before the child staggered into a service station naked, dazed and bleeding.

Cowan initially denied any involvement, at one stage telling detectives: “I hope you catch the bastard.”

He confessed only after police told him they had found DNA evidence.

In late September 1993, Cowan pleaded guilty to gross indecency, grievous bodily harm and deprivation of liberty, and was sentenced to seven years in jail.

When he was released on parole in 1998, Cowan moved to the Sunshine Coast to live with relatives and became involved in the Christian Outreach Church, through which he met his former wife.

The pair married in 1999, and by December 2003 they were living in Beerwah with their baby son, but Cowan had cut ties with the church and the marriage was strained.

On December 7, 2003, Cowan spotted his next victim on the side of the Nambour Connection Road waiting for a bus.

He was a fresh faced boy called Daniel and he was wearing a red shirt.

Cowan once looked into the eyes of Daniel’s parents, Bruce and Denise, and said: “I had nothing to do with Daniel’s disappearance, nothing at all.”

He told the brazen lie while giving evidence at a coronial inquest into the teenager’s disappearance in March 2011.

The guilty verdicts bring to an end the biggest police investigation in Queensland’s history and Australia’s biggest missing person’s case.

The jury in the murder trial of the man accused of killing Queensland teenager Daniel Morcombe has retired to consider its verdicts.

Daniel Morcombe Discussion Page here

Daniel Morcombe in the T shirt he was wearing when went missing.

Daniel Morcombe in the T shirt he was wearing when went missing.

Daniel was abducted and murdered on the Sunshine Coast in 2003 and his remains were found in nearby bushland in 2011. previous posts and daily coverage of trial here

Brett Peter Cowan, also known as Shaddo N-Unyah Hunter, has pleaded not guilty to murder, indecent treatment of a child, and interfering with a corpse.

Brett Peter Cowan is accused of murdering schoolboy Daniel Morcombe in 2003.

Brett Peter Cowan is accused of murdering schoolboy Daniel Morcombe in 2003.

Update 13/03/14

JURORS deciding the fate of Queensland schoolboy Daniel Morcombe’s accused killer are deliberating for a second day.

The six men and six women on the Supreme Court jury retired at lunchtime on Wednesday to consider their verdict in the trial of Brett Peter Cowan.

They left the Brisbane courtroom after Justice Roslyn Atkinson told them they may consider a manslaughter verdict.

They deliberated for three and a quarter hours on Wednesday before the court was adjourned for the day.

Justice Roslyn Atkinson began proceedings this morning delving into the undercover police operation.

She told jurors they cannot use against Cowan his right to remain silent when he was arrested.

Justice Atkinson told the jury it had been a long trial with a lot of evidence.

She said jurors could check any facts of the case while considering their verdicts.

Justice Atkinson has provided jurors with a question trail to help them reach verdicts.

Earlier this week, prosecution and defence lawyers gave their final submissions.

In the past four weeks, more than 100 witnesses have given evidence at the trial.

The court heard police found the schoolboy’s remains at an old macadamia farm at Beerwah in 2011.

Seventeen bone fragments were found after one of the largest searches undertaken by police and State Emergency Service volunteers.

Defence lawyer Angus Edwards said there was no proof Cowan killed Daniel and the alleged confessions recorded by undercover police were made up.

Mr Edwards said it was more likely convicted child rapist Douglas Jackway killed the schoolboy.

“For a fellow like him to be driving down that stretch of road past Daniel Morcombe would have been like a snake going past a wounded mouse,” Mr Edwards said.

“He stalked, abducted and killed Daniel Morcombe, and if you accept that, all the other evidence in this trial will fall into place.”

He said Jackway’s sexual assault of a boy in 1995 had striking similarities to Daniel’s case.

He owned a blue car, and a blue car was seen by witnesses circling and stalking the teenager as he waited for a bus, Mr Edwards said.

The car “wasn’t always in the same position. It was stalking Daniel Morcombe”, he said.

The inevitable conclusion, Mr Edwards said, was that Jackway was involved in Daniel’s abduction.

He said although there was no direct evidence of the convicted paedophile’s involvement, the jury should draw inferences.

But prosecutors said that scenario was a red herring and Cowan’s confessions were truthful because of their detailed nature and gravity.

Crown prosecutor Michael Byrne said Cowan alone led police to Daniel’s remains and his confessions were not forced.

Mr Byrne said despite Jackway’s horrendous crimes, he was a “cheap target” and there was no evidence he was on the Sunshine Coast that day.

Justice Atkinson told the jury yesterday to put out of their minds anything they have seen, heard or read about the trial outside of the courtroom.

“The evidence is what you’ve heard in this court and not recollections of what you might have read in the newspaper or seen on television or heard on the radio at some time during the past or even during the trial,” she said.

“You should dismiss all feelings of sympathy or prejudice against the defendant or anyone else.

“Nor should you allow public opinion to sway you, you must approach your duty dispassionately.”

A Look back at the key developments in the murder case of Queensland schoolboy Daniel Morcombe.

December 7, 2003:

Daniel Morcombe, 13, vanishes while waiting for a bus under the Kiel Mountain Road overpass on Nambour Connection Road at Woombye on Queensland’s Sunshine Coast. He was on his way to go Christmas shopping when he disappeared.

December 7, 2004:

About 1,000 people attend a memorial service to mark the first anniversary of Daniel Morcombe’s disappearance. A special plaque is also unveiled at the site.

October 4, 2004:

A $250,000 reward is posted by the Queensland Government for information leading to an arrest or conviction.

February, 2005:

Parents Bruce and Denise Morcombe launch the Daniel Morcombe Foundation to continue their message on child safety.

December 1, 2008:

A record $1 million private reward is offered for new information about the disappearance.

April, 2010:

The State Coroner receives an extensive investigation report, containing thousands of pages, from police regarding the suspected death.

October 13, 2010:

A coronial inquest led by State Coroner Michael Barnes begins. The inquest is held in Maroochydore and Brisbane. It adjourns on April 6, 2011.

August 13, 2011:

Brett Peter Cowan, 41, is arrested and charged. Police and State Emergency Service volunteers search bushland in the Sunshine Coast hinterland as part of the investigation. Over the next two months, a pair of shoes and human bones are discovered. DNA results confirm they belong to Daniel Morcombe.

November 26, 2012:

Cowan’s committal hearing begins in the Brisbane Magistrates Court.

December 7, 2012:

A funeral is held for Daniel Morcombe at St Catherine of Siena Church at Sippy Downs on the Sunshine Coast, nine years to the day since he disappeared. He was laid to rest at Woombye Cemetery.

February 7, 2013:

Cowan ordered to stand trial in the Supreme Court of Queensland. He is charged with murder, indecent treatment of a child and interfering with a corpse.

February 10, 2014:

Cowan’s trial begins. It is expected to take six weeks. A pool of about 100 potential witnesses may be called to give evidence.

Brett Cowan, portrait of a monster

March 13, 2014 – 2:31PM

The little boy was looking for his sister. He was six and dressed only in a pair of underpants as he wandered alone through the BP Palms Caravan Park on the Stuart Highway on the outskirts of Darwin.

The little boy lived in the caravan park with his family. Brett Peter Cowan lived in a neighbouring van.

Around dusk on a Thursday night in September 1993, Brett Cowan, then aged 24, approached the boy and asked him if he wanted to go for a walk to see an old car wreck abandoned in the bush not so far away.

The pair left the trailer park, climbed through a hole in a wire fence and walked along a scrubby bush track. When the little boy asked Cowan how far it was to the wreck, the young man swung him up on to his shoulders for the final 200 metres.

Cowan then lay the boy on the upturned rust bucket, pulled the boy’s underpants down and dropped his own shorts.

About an hour later, the boy, naked and filthy now, stumbled through the dark back into the BP Palms service area. Northern Territory Supreme Court documents reveal he was dazed and distressed.

In intensive care at Royal Darwin Hospital the extent of his injuries became apparent. A collapsed and punctured left lung, haemorrhaged eyes, a bloodied nose, abrasions across his face, a deep cut in his scrotum area.

A doctor said the boy’s “combination of injuries was consistent with his having sustained a complex series of injuries involving an asphyxial element, blunt force injury, sharp force injury and anal penetration”. The boy’s wounds were heavily contaminated with carbon-containing material, “consistent with contact with a heavily ashed bushfire area”.

After initially denying any involvement, Brett Peter Cowan made a full confession. He told police that he needed help.

But just how much help did he get? It’s a question that many will be asking about the 44-year-old, who on Thursday was found guilty in Brisbane’s Supreme Court of murdering 13-year-old Daniel Morcombe on the Sunshine Coast on December 7, 2003.

In Queensland’s highest-profile criminal case ever, Cowan, the father of three young boys, now awaits Justice Roslyn Atkinson’s sentencing decision.

It might be little consolation to Daniel’s heartbroken and weary parents, Bruce and Denise Morcombe, that Cowan denies molesting their son. “I never got to molest him or anything like that; he panicked and I panicked and grabbed him around the throat and just before I knew it, he was dead,” Cowan confessed to an undercover police officer in Perth in August 2011.

“I was starting to pull his pants down … and he said, ‘oh no’, and he started to struggle..” Cowan told the officer. In a later conversation, he said, “… if I didn’t panic I could’ve been there for an hour doing stuff.”

Whatever jail term Justice Atkinson settles on, it will be Cowan’s third for crimes against boys. He was sentenced to two years’ jail in 1989 after indecently dealing with a seven-year-old boy. Cowan was 18 when he took the boy into a public toilet in Brisbane and molested him.

In June 1994, he was sentenced to seven years’ jail for his crimes against the little boy in Darwin. But by 1998, only four years later, Cowan was out of jail and living in the Sunshine Coast community of Bli Bli with his aunt and uncle who were pastors at the Suncoast Christian Church (formerly the Christian Outreach Centre).

It was to be a new start for the convicted paedophile and small-time drug dealer, a 190cm-tall man with a goatee, two silver earrings, a tattoo of a clown on his shoulder and two upper-arm tattoos –  one of a skull holding a smoking gun with skeletal fingers, the other of a skull in a top hat.

At one point Cowan was going to church three times a weekend. He met a girl through church and, in September 1999, after a church wedding ceremony, they celebrated at a reception at the Big Pineapple, a remnant of gaudy 1970s tourism on the Nambour Connection Road.

The couple started their life together in Beerwah, an old sugarcane town spliced by Steve Irwin Way and with a view of the jagged Glasshouse Mountains. Cowan smoked pot and did a bit of this, a bit of that — odd jobs, tow-truck driving, industrial spray-painting — until someone hooked him up with local businessman Trevor Davis. “I thought quite a lot of Brett,” says Mr Davis, who owns a sandblasting business.

By all accounts, Cowan had a disciplined upbringing. “He was an army brat,” says Mr Davis of his former employee, who was born in Bunbury, Western Australia, in September 1969. He and his three brothers spent much of their childhood in Brisbane’s Everton Park. Cowan’s father, Peter, retired from the Army having achieved the rank of major.

Mr Davis says Brett Cowan was intelligent and hard-working, “an open and friendly chap” who got on with customers and “never forgot anything I taught him”.

Mr Davis was so impressed by his employee that he bought a second sandblasting business with the intention that Cowan could run it independently. “I figured that I could front him into it,” says Mr Davis.

Tracey Lee Moncrieff gave birth to the couple’s first child, a little boy, in mid 2003, about six months before Bruce and Denise Morcombe’s little boy vanished from a bus stop under an overpass at Woombye on the Nambour Connection Road.

Police quickly identified Cowan as a person of interest in their investigation. Cowan was interviewed and, just before Christmas, his white Pajero was carted off to Nambour police station where it was scoured it for evidence. Nothing was found.

Cowan denied having anything to do with the case. He would later officially change his name in a vain attempt to avoid further scrutiny. His new name was “Shaddo N-unyah Hunter” — “Shaddo” because it was his dog’s name and his dog followed him around like a shadow. When undercover police asked what “N-unyah” was all about, he replied “Nunyah business”.

In 2004, Moncrieff gave birth to his second son but the marriage was soon over. At some point Cowan’s spiritual observance had come to an end too.  “Something was preached over the pulpit that I didn’t agree with and (I) went and spoke with the pastor about it and he wouldn’t change his mind so…” he would later tell police.

“He just didn’t appear at a job site one day and that was the last I saw of him,” says Trevor Davis. “He just did a bunk.”

The Darwin judge who sentenced Cowan after his sex attack on the six-year-old boy described Cowan as a “pathological liar and a person who is prepared to steal even from his own parents”. He had lived a “parasitic existence, relying on social security and his parents”, the judge said, listing offences including stealing, break and enter and unlawful use of motor vehicles.

After he left Moncrieff, Cowan seems to have resumed that behaviour, drifting through a drug-hazed underclass, from what he described as “Nam-boring”, to Moranbah in north Queensland and then, by the time of the Nerang interview in 2005, to Uki in the Tweed Valley.

In 2008 he was living with 18-year-old Leticha Anne Harvey in Durack, Ipswich. By December 2009 she’d given birth to their son and they were living in a caravan park on Bribie Island in Moreton Bay off Brisbane. Cowan would later tell undercover police that he’d lost access to his two oldest children and that his brother and his wife had custody of his youngest son.

By March 2011 when Cowan was called to give evidence at the inquest into Daniel Morcombe’s disappearance, he was living in yet another caravan park — this time in Perth with another woman, also called “Tracey”, a woman he described as “a friend with benefits”, and his pet “birdie”, a “twenty-eight” or Australian ring-neck parrot.

At the inquest in the Brisbane Coroners Court, Cowan was Dubbed “P7”, “Person of Interest 7”. He had been bullied at school, Cowan told the court, and came to struggle with his bisexuality.

He admitted to smoking “cones” of marijuana in his hotel room each morning he was required to give evidence.

He admitted something else as he tried to convince the inquest he wasn’t involved in Daniel’s disappearance. “I wasn’t interested in teenage boys. I was interested in six, seven and eight-year-old boys.”

On April 1, excused from the inquest, Cowan caught a flight back to Perth. On the plane, he sat next to a bloke who introduced himself as Joe Emery. They got chatting and swapped numbers. “Joe Emery” was the false name of an undercover police officer. One of the most extraordinary undercover police investigations in Australia’s history had begun.

Brett Cowan-VIDEO and TRANSCRIPT OF THE CONFESSION VIDEO


All previous  posts, including round up of  every day of trial press here

TRANSCRIPT and VIDEO OF THE CONFESSION VIDEO

press read more to read transcript

Continue reading

Simon Gittany gets 26 years’ jail (min 18) for murdering Lisa Harnum


The previous post can be found here
Gets 26 years, min of 18 years before parole. Inadequate in my view. new girlfriend Rachelle Louise was not in court, ching ching,
If you have a spare 30 minutes watch the first part of the $150,000 interview and story right here folks, a real eye opener
17/02/14 update new interview with the 2 detectives who saw his violent side nearly 20 years ago, when Gittany bit part of one detectives ear OFF while being arrested…yeah the guy Rachelle said would make a fantastic dad.Until the little kid piddled his pants or something….

16/02/14 UPDATED WITH 2ND PART AFTER THE FIRST BELOW

GUILTY SIGN

Hopefully she will collect a big fat cheque today from TV today, pocket it, and never utter his name again, gotcha Gittany

Official Sentence summary  from today can be found below, full transcript to follow once released folks. (click for bigger view)

Gittany Sentence Summary 11-02-14

Simon Gittany sentenced to at least 18 years for fiancée Lisa Harnum’s murder

Murderer Simon Gittany’s violent past revealed

Simon Gittany has been sentenced to 26 years’ jail, with a non-parole period of 18 years, for the murder of his fiancée Lisa Harnum.

Simon Gittany and Lisa Harnum. Sentenced to 26 years for tossing her off a highrise balcony

Simon Gittany and Lisa Harnum. Sentenced to 26 years for tossing her off a highrise balcony

Gittany threw Ms Harnum to her death from the balcony of their 15th floor apartment in inner Sydney on a Saturday morning in July 2011.

NSW Supreme Court Justice Lucy McCallum, who presided over Gittany’s judge-only trial last year, today also handed down his punishment.

Justice McCallum said that jailing Gittany for life would be excessive, but his family in the court’s public gallery still erupted when she delivered the sentence.

“In the name of Jesus, that will never happen,” one family member yelled.

The judge ordered the family members to be removed from the court.

Earlier Justice McCallum had described the cruelty of the crime.

“Ms Harnum must have been in a state of complete terror in the moments before her death,” she said.

Justice McCallum described Gittany as “arrogant” and said he had punished Ms Harnum during their relationship for “small acts of defiance” such as wearing her hair down.

The court heard about Gittany’s previous potential for violence, including an incident in which he bit off part of a policeman’s ear in 1994.

“It has a troubling resonance with the present offence,” Justice McCallum said.

The judge told the court that she had excluded evidence from a surprise prosecution witness last week – a former colleague of Ms Harnum who said Gittany had previously threatened to kill Ms Harnum and make it look like suicide.

The businessman’s current girlfriend, Rachelle Louise, who has fiercely defended Gittany and has been by his side for much of his trial, was not in court for the sentencing.

Gittany himself was led up from the cells beneath the courtroom, but showed no emotion as he listened to the judge’s comments.

AMY DALE
The Daily Telegraph
February 07, 2014

BALCONY killer Simon Gittany could spend 20 years in jail for the “cold and calculating” murder of his fiancee – a killing he almost successfully portrayed as suicide, his sentencing was told yesterday.

Justice Lucy McCallum also indicated the decision of Gittany’s family to “embark on a campaign” that doggedly protests his innocence over the killing of Lisa Harnum could be viewed as “an impediment to rehabilitation”.

Senior Crown Prosecutor Mark Tedeschi QC told the court it could be “very much guided” by the standard non-parole period for murder in NSW, which is 20 years.

In his closing sentencing submissions, Mr Tedeschi said Gittany had used “the height and gravity” of the 15th storey balcony as a weapon in throwing Ms Harnum to her death seconds after she had been “screaming for her life”.

Rachelle Louise arrives for the second day of sentencing submissions in boyfriend Simon Gittany’s case.

Rachelle Louise has been a very vocal supporter of Simon Gittany.

Rachelle Louise seemed to be in a good mood when she arrived at court today.

“Were it not for the observations of (witness) Joshua Rathmell and were it not for the pinhole camera which captured the offender dragging the deceased back inside … it was a cold and calculating way of killing her in a manner which would have enabled him to pass it off as suicide,” Mr Tedeschi said.

Justice McCallum said Gittany had “a defiant denial of guilt” and, along with his family and girlfriend Rachelle Louise, appeared determined to “maintain the rage until (in his mind) justice is done”.

Prosecutors say Gittany has shown no contrition or remorse, which makes it hard to assess his rehabilitation prospects, but his barrister has asked the court to hand down a sentence “significantly lower” than the 20-year minimum.

Barrister Philip Strickland SC said Gittany’s criminal record, which includes a conviction for biting part of a policeman’s ear off in 1994, shouldn’t be given much weight upon sentence.

The court heard the relationship he has with Ms Louise has “no features at all of an abusive relationship”.

More than 40 character references were tendered to the court on Gittany’s behalf, with Justice McCallum saying some appear “to be asking for mercy on the basis I might be wrong (in the guilty verdict).”

Mr Strickland said references spoke of a gentle Gittany with dreams of being a priest.

Mr Tedeschi said the references suggest “the offender is two completely different people. One person to his family and a completely different person presenting in the relationship (with Lisa Harnum).

Schapelle Corby released on Parole-$$$$$$$$$$$


9 years and she is out 11am 10/02/14

1.29pm: THE RACE FOR THE CORBY EXCLUSIVE

CHANNEL Seven is believed to have won the race to snare the first interview with Schapelle Corby, with veteran Mike Willessee in Bali to celebrate the former jailbird’s flight to freedom.

The convicted drug smuggler’s mother Rosleigh allowed Seven cameras exclusive access to film her reaction as she watched from Brisbane.

The vision is thought to be a part of a multi-faceted media deal worth in excess of $3 million, including the first interview to air on Seven’s Sunday Night program, with other stories to roll out across the Seven Media Group’s publishing assets including New Idea magazine.

The illustration below show the time Corby spent in jail. When the details of her massive media deal is exposed I will show how crime does pay per year, month etc.

ok an update on the deal of 3 million, to put it into perspective

If the 3 million dollars bandied around for the exclusive Channel 7 deal is about right, my maths say she got 750 dollars for every gram of weed x 4000 grams (caught with 4KG odd?!) she trafficked. I would not know what weed sells for these days, but she has made huge profit even if it took 9 years.

Or $355,000 for each year in jail. That is for a convicted criminal, not compo for wrongful arrest or jail…staggering isn’t it

Let me know of my sums are wrong or what weed sells for on the street in grams or whatever. When I was young it was a foil or bag, not so much the weight.

Corby jail time

Corby jail time

 

This will be a circus, but it is up for discussion folks


Schapelle Corby‘s parole application has been approved by Indonesia‘s justice minister.

Amir Syamsuddin held a press conference in Jakarta where he spoke about the prisoner applications he has been reviewing, including Corby’s.

The former Gold Coast beauty student was jailed in Bali in 2005 after authorities found 4.1 kilograms of marijuana in her bodyboard bag at Denpasar airport the year before.

Update 9pm 07/02/14

Key points from today

  • Corby has been granted parole
  • She could be released from jail as early as Monday afternoon (local time)
  • Prison authorities have to receive original documentation from Indonesia’s justice minister before the Australian can be freed
  • Under Indonesia’s criminal procedure code, the period of parole lasts for the remainder of a person’s prison term, plus an additional year, under which they remain under the supervision of authorities

Details of Corby’s parole conditions have also been released.

During her parole time, she will have to report to her parole officer regularly. Parole will be revoked if:

1. She commits a crime
2. She is accused of committing a crime
3. Causes discomfort to society
4. Fails to report to her parole officer three times in a row
5. Fails to report a change of address
6. Fails to follow or obey programs organised by her parole officer

The statement goes on to say that Corby is not the only foreign prisoner who was granted parole by the justice ministry.

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Our Schapelle: a smuggler for all seasons

By Lauren Rosewarne

Posted Thu 6 Feb 2014

The Schapelle Corby story resonates not just because she’s white with big and bewildered blue eyes, but because she represents an Australian caricature that’s loved and loathed in equal measure, writes Lauren Rosewarne.

In marketing it’s referred to as “cut through”: collating just the right elements to set your advertisement apart from the throng. A commercial that gets noticed, spoken about, remembered even in the most saturated of marketplaces.

In news media, few people would be as crude as to use a term like cut through. The very same thing, of course, transpires. In a sea of worthy, of interesting, of important current affairs items, some manage to strike resonance with the masses and others fall to the wayside.

The Schapelle Corby tale is one such example.

Long before Channel Nine got their mitts on it, the story had all the makings of a telemovie. A fresh-faced, doe-eyed beauty student protagonist with a first name that would long hold its own. There was Mercedes – the sister, the shrieker – taking that well-worn route of consciousness-raising by posing for Ralph. There were the drug allegations against her dad, the potentially shonky baggage handler. For those with a penchant for props, there was the infamous boogie board bag.

The Schapelle story was built for the small screen.

And the small screen – and, in fact, the news media more broadly – latched onto it. And held on. Tightly. For nearly 10 very long years.

On one hand I’m not sure that the extensive media coverage of a story like this or, in fact like Lindy Chamberlain or Madeleine McCann, serve as the best indicator of how much the public care. In many cases, we simply consume the media we are given. We know about Kerobokan, for example, about Azaria’s matinee jacket and enough about Praia da Luz to fill a guidebook simply because we’re educated, because we’re paying attention to the news and because the crime beat always gets disproportionate coverage.

That said, audiences aren’t passive dupes. We don’t merely swallow every tale offered up, and we couldn’t possibly know as many lurid details as most of us do without us paying attention. We’ve been partaking of this soap opera because it, apparently, strikes a chord.

So why? Why, when so little sympathy is conjured for the other Australian drug smugglers populating Indonesia jail cells, have we maintained such an interest in Schapelle? Why Schapelle and not Renae Lawrence? Why Schapelle and not Scott Rush?

She’s white, she’s pretty-ish, she’s female. All vital for the visual medium of TV. Equally, I daresay Bangkok Hilton still holds a place in the Australian imaginary. (Thailand, Indonesia, same thing, same thing).

My suspicion, however, is that it’s really all about Schapelle. That it’s Schapelle not just because she’s white, not just because she’s got those big and bewildered blue eyes, but because she’s an Australian caricature. A caricature that’s loved and loathed in equal measure.

Lots of Australia go to Bali for holidays, for hair braiding, for cheap Singha. These are the folks whose voices slice through Ngurah Rai like the proverbial hot knife through butter. These are the Australians who, apparently, are widely loathed abroad for sounding just like Steve Irwin, for donning vast quantities of Southern Cross apparel, for their tendency to Oi-Oi-Oi in packs.

We know this image. And for some, rather than it being a source of cringing or embarrassment, it’s simply one of familiarity; I had a boogie board bag the last time I went to Kuta, it could have been me! For many, Schapelle is recognised simply, and sadly, as just a tragically unlucky white girl, treated harshly by those Muslims with their incomprehensible legal system and the sketchy lawmakers.

Schapelle, however, caters to a whole other market too. Let us not forget that that Garuda flight full of Aussies are enduringly the butt of jokes and vitriol. Here’s Schapelle with her Bold and the Beautiful name and her bogan fish-and-chip shop family. Perhaps calling it schadenfreude is a step too far, but her consideration as a sympathetic figure is far from universal. To many, in fact, Schapelle’s just the ocker, the Aussie chav. She’s the fool – perhaps a sweetly naïve one – who got caught doing a really stupid thing in a country renowned for a zero tolerance drug police. She’s the idiot who let her less-than-savvy family make the whole thing worse by letting them front the press.

Schapelle’s release is imminent. The telemovie airs next week. There’s a couple more years before she’s allowed back on our shores, and thus inevitably many news bulletins to come documenting her parole under Mercedes’ wing. Probably not as gruelling as being locked up in Kerobokan, but let’s not pretend this hasn’t been a long road for us too.

Dr Lauren Rosewarne is a senior lecturer in the School of Social and Political Sciences at the University of Melbourne. View her full profile here.

Schapelle Corby should be sent home to Australia as soon as possible, says Bill Shorten

Latika Bourke

Opposition Leader Bill Shorten says Schapelle Corby should be sent home to Australia “as soon as possible”.

The former Gold Coast beauty student was jailed in Bali in 2005 after authorities found 4.1 kilograms of marijuana in her boogie board bag at Denpasar airport the year before.

Corby will know tomorrow if she will be released from the Indonesian jail where she has spent the last nine years.

Asked whether Corby should be allowed to profit from her story if she is granted parole, as is being speculated, Mr Shorten defended the Australian.

“I think that Schapelle Corby – I would like to see her come back to Australia,” he said.

However, he says he is not fully across the details of her case.

“I don’t know all the ins and outs of what she has done and hasn’t done, but what I do know is that she has spent a long time in an Indonesian jail,” he said.

“Again, without taking sides about the merits of her case, I would like to see that woman back in Australia as soon as possible and that’s what matters to me.”

When pressed again about whether or not Corby should make money from her story, Mr Shorten defended her against the speculation.

“Before we start getting into a debate about whether or not she should profit about her story, she’s been locked up in an Indonesian jail for a very long time,” he said.

“If people think that’s somehow some clever strategy for her to get a windfall gain now, I don’t think anyone else would be about repeating that.

“So I’m not about to start kicking her, I think the issue is, whatever has happened in the merits of her case, I’d like to see her come home.”

Prime Minister Tony Abbott yesterday responded to reports of Corby’s parole decision, saying it was “ultimately a matter for the Indonesian justice system”.

“Generally speaking, the less said about consular cases the better, so let’s see what the system produces,” he said.

Schapelle Corby Pictures

Schapelle Corby Pictures

Schapelle Corby: Drug claims, media circus and the family saga that gripped a nation

Updated 19 minutes ago

In October 2004, aspiring Gold Coast beautician Schapelle Corby was arrested in Bali after the discovery of marijuana in her bodyboard bag.

She proclaimed her innocence, saying the drugs weren’t hers.

Seven months later, in May 2005, the 27-year-old was convicted of trying to smuggle marijuana into Indonesia. She was jailed for 20 years.

Perhaps not since Lindy Chamberlain has a legal saga gripped Australia like Schapelle Corby’s arrest and conviction.

It began on October 8 2004, when an overseas holiday adventure turned disastrously bad.

Schapelle Corby flew into Bali with friends and family.

But Bali Customs officials found more than four kilograms of marijuana in her bodyboard bag.

Corby claimed to be innocent, saying the drugs were planted.

“I didn’t put it there. I didn’t know what it contained,” she later testified in court.

Emotive trial became a media circus as family stole the show

In Indonesia it was just another drugs case, but a young Queenslander in desperate need in a foreign land captivated Australia’s media and public.

At one stage as she was led into court surrounded by police and media she pleaded: “Help me! Help me Australia!”.

Was she the unwitting victim of a drug-trafficking ring, perhaps involving crooked Australian Customs officers?

Corby told the media: “I shouldn’t be here. So I’m just trying to be strong and I’m just lucky that I’ve got really good family and friends to help me get through.”

Australian talkback radio went into meltdown.

Then-prime minister John Howard said: “We will do everything that we are properly and reasonably asked to do to see that any relevant evidence is presented.”

But seven months after the drugs were discovered, and after a highly charged defence, a court found her guilty.

Her mother Rosleigh Rose screamed in court: “Schapelle you will come home! Our government will bring you home!”

Outside, her sister Mercedes Corby could barely restrain herself, screaming: “I don’t even know why we had a bloody trial! They didn’t take any of our witnesses into account!”.

Cousin dished dirt on father’s alleged drug dealing

In the years since then, appeals and legal manoeuvring failed to free Corby, but her sentence has been progressively reduced, partly because of her increasingly erratic behaviour, self-confessed depression, and a stint in hospital.

Her father Michael Corby senior died of cancer, but allegations have emerged that he had been involved in trading marijuana for decades.

In 2008 Andrew Trembath, one of Michael Corby’s cousins, spoke to Lateline.

“Honestly, I don’t think Schapelle would have known any different, you know, because she would have been around drugs all her life, ” Mr Trembath said.

“Michael used to be in and out of trouble with dope and, you know, over the years I can remember some hell of a big blues with his parents.”

Mr Trembath said Corby senior was not just a small-time dealer, but was involved in moving large amounts of marijuana throughout northern Queensland.

“I was in the Kooyong Hotel [in Mackay] having a few beers and Michael walked in,” he said.

“He approached me and we went and sat down and he said to me basically straight out, he said, ‘Do you want to earn 80 grand?’.

“I said, ’80 grand? What have I got to do, go and kill somebody for it?’. And he said, ‘No, no.’ He said, ‘Get you to take a boat up to see the bay and pick up a lot of marijuana and bring it back down to Mackay – and you’ll get 80 grand for it.’.

“Well at the time I thought, well, 80 grand, I could do with it, but if I got caught, 10 years in jail at eight grand a year when you got three little kids just didn’t sum up. So I refused.”

Nearly nine years have passed since Schapelle Corby was convicted. A successful defamation action, a book, and media deals have possibly made her family hundreds of thousands of dollars, if not millions.

But the woman at the centre of the legal and media maelstrom, has remained in a Balinese prison – until now.

 

GERARD BADEN-CLAY Hearing 3rd Feb 2014-UPDATED


04/02/14 UPDATE FOR DAY 2

ALLISON Baden-Clay went to see a family counsellor about her husband’s three-year affair with a staff member, a court has been told today.

Gerard Baden-Clay, charged with the Murder of his wife Allison Baden-Clay

Gerard Baden-Clay, charged with the Murder of his wife Allison Baden-Clay

The Brookfield mum also detailed her history of depression to the counsellor, the court was told at a pre-trial hearing.

The routine hearing is to resolve legal issues ahead of the Gerard Baden-Clay’s upcoming murder trial in the Brisbane Supreme Court.

Allison told the counsellor her husband Gerard’s attitude to the depression was that he was “over it” and that it had contributed to the affair, the court was told.

The court heard the counsellor later had a separate session with Gerard where he said he wanted to leave the affair in the past but reluctantly agreed to 15-minute discussions with his wife every second night.

Baden-Clay reported his wife missing on April 20, 2012. He has been charged with her murder and is due to face trial in June.

Relationships Australia counsellor Carmel Ritchie told the court the first session with Allison was at Spring Hill on March 27, 2012, and lasted about an hour.

Allison described herself as a mother of three who worked with her husband’s real estate agency four days a week, Ms Ritchie told the court.

She told the counsellor that after taking malaria medication on her honeymoon she had a “very severe reaction” and suffered chronic depression and “psychotic episodes”.

She had seen a psychologist during her second pregnancy and had been on and off medication ever since.

Allison said her husband had an affair for three years and at least partly blamed her depression, Ms Richie said.

Asked to describe her problems in a few words she told the counsellor: “Inadequate. Not good enough. Believe I let it happen. Gerard’s way is the right way. Gerard had an affair for the last three years. Parenting, Gerard criticises me. Fear that one day he will leave me”.

Allison told the counsellor she wanted to “work on me” and sort out issues with parenting, the court was told.

Allison found out about Gerard’s affair on September 14, 2011, Ms Ritchie said.

The affair started on August 27, 2008, four days after Gerard and Allison’s own anniversary, the counsellor said.

Ms Ritchie said Allison told her: “I confronted him. He is now honest and takes responsibility. He blames me for some of it, the depression.”

Allison said that two years ago on their anniversary she surprised Gerard by asking: “What’s wrong with us?”

She told the counsellor Gerard replied: “I’ve had enough. I want to leave.”

Allison said she put it down to a midlife crisis.

Allison said Gerard’s personality was “ambitious and leader like” and he had high expectations of her and the children, Ms Richie told the court.

She told the counsellor her father felt as though “he was controlling her”, the court was told.

In her case notes, the counsellor wrote her opinion that Allison was a “conflict avoider who has said yes too many times in the relationship”.

To Gerard, Allison was not the girl he married, while Gerard had changed to a “look after myself” attitude, the court was told.

Ms Ritchie said she told Allison at the end of the session she could bring Gerard to the next session if she wanted.

Allison said she did not believe Gerard would want to come.

However at the next appointment on April 16, 2012, both Allison and Gerard were in the waiting room.

Ms Ritchie told the court she took Gerard into her room on his own at first. She said she had planned to spend half the hour-long session with him and then see them both together, but the session with Gerard went for most of the hour.

“I was surprised to see Gerard there as well. That was because Allison thought he would not come,” Ms Ritchie told the court.

The session, at Kenmore, was four days before Baden-Clay reported his wife missing.

Ms Ritchie said she took a standard 60-second snapshot with Gerard, but he didn’t say much about himself personally, talking instead about his work and achievements.

The court heard that after further questions Gerard told the counsellor: “Allison does not trust me. She questions me. She says yes when she means no.”

He told the counsellor of Allison’s disappointment with her life and that he used to blame his wife for disappointments in his own life, the court was told.

He said he attended the session because Allison wanted him to.

He wanted to “build a future” with his wife and to leave the affair behind him and thought discussing the affair with Allison was a regression, Ms Ritchie told the court.

“He wants to get on with life. Wipe it clean,” the counsellor said she wrote in her notes from the session.

“He needs to accept seven or eight months is very early days yet and to ‘steel’ himself for the long haul.”

Ms Ritchie told the court she advised Baden-Clay he could not ignore his wife’s feelings about the affair.

“I spoke about the fact he did have to sit and listen to Allison’s feelings about the affair.

“I told him that he can’t put this in the past because for Allison that past is very much in the present.”

Gerard did not want to take the advice.

“Isn’t that regression? Isn’t that living in the past?” he asked.

They went back and forth until “eventually he agreed”.

Ms Ritchie said she told Gerard to listen to Allison for 10 to 15 minutes every second night. She said she “always” limited such talks because they were “highly emotional”.

Gerard’s role was to “simply listen … absolutely not be defensive” and at the end to express remorse if that was how he felt.

Ms Ritchie told the court she went outside to get Allison from the waiting room and apologised for taking so long with her husband.

“Her face broke into a smile and she said ‘I’m over the moon you have spent this time with him’.”

Ms Ritchie said when she was back in the room with both Baden-Clay and his wife she went over the plan for the 10 to 15-minute talks, which were to continue until the next session in a week or two.

“I saw her say to Gerard ‘I am over the moon that you have spent this time’. But it was a defensive, hurt way that she was saying it.”

Asked in court about Allison’s mood, she said: “I think she was very pleased to introduce me to Gerard. She was smiling.”

Ms Ritchie added that Gerard discussed his roles in the school P&C and the local chamber of commerce.

“For Gerard, his image in the community is very important…He believes he is a valuable member of society,” the counsellor said she wrote in her notes.

The next session was never booked, with Baden-Clay reporting his wife missing on the Friday of that week.

Barrister Michael Byrne QC, for Baden-Clay, put to the witness that Allison’s depression and early panic attacks went back to taking the malaria medication during her honeymoon and to her pregnancy with the couple’s first child, who was born in 2001.

Mr Byrne said between Allison’s discovery of the affair and the first session with the counsellor Baden-Clay had “reached the point where he was honest and was taking responsibility”.

“His attitude to the affair is to wipe it clean and get on with life. What she’s saying to you there was put the past behind them put the affair out of life and move on as a couple,” Mr Byrne said.

Ms Ritchie agreed Allison wanted to move on as a couple.

03/02/14 Not much to report from today’s hearing, day 1 of 2

ACCUSED wife murderer Gerard Baden-Clay returned to court in Brisbane on Monday for legal argument ahead of his upcoming trial.

Scratches on the accused, Gerard Baden-Clay.

Scratches on the accused, Gerard Baden-Clay.

The routine hearing to determine which evidence can be put before a jury is scheduled to run for two days in the Brisbane Supreme Court.

Dressed in a dark suit and wearing a tie, the 43-year-old former real estate agent watched proceedings from the dock.

The court heard from the pathologist who carried out Allison Baden-Clay’s post-mortem examination.

Legal argument centred on the admissibility of parts of his evidence, and that of medical experts who assessed scratches and other marks found on Baden-Clay following his wife’s disappearance.

The couple’s former family counsellor is expected to give evidence in court for the first time when the hearing resumes on Tuesday.

Mrs Baden-Clay, 43, was reported missing by her husband on April 20, 2012.

Her body was found 10 days later on the banks of a creek in Brisbane’s west.

The last court related update is as follows from back in December 2013.

The many GBC posts can be found here or here http://aussiecriminals.com.au/tag/gerard-baden-clay/

A family counsellor can be called to give evidence at the murder trial of Brisbane man Gerard Baden-Clay, a judge has ruled.

The Relationships Australia counsellor had argued her conversations with Baden-Clay, 43, and his slain wife Allison, were confidential.

However, Supreme Court judge James Douglas on Thursday ruled counsellor Carmel Ritchie will be required to give evidence at a pre-trial hearing next year.

The ruling means the crown can call Ms Ritchie as a witness during the trial, which has been set down for June next year.

The counsellor spoke with Mrs Baden-Clay on March 27, 2012, and with Baden-Clay and his wife separately on April 16, 2012.

Baden-Clay sat in the dock during Thursday’s brief hearing.

Mrs Baden-Clay was reported missing on April 20 last year, and her body was found on the banks of a creek in Brisbane’s west 10 days later.

Baden-Clay was arrested in June 2012 and charged with murder.

He maintains he is innocent.

In an earlier court hearing, Relationships Australia’s barrister George Kalimnios had argued the Family Law Act prohibited Ms Ritchie giving evidence, and could claim privilege on the grounds of public interest.

But in his written judgement on Thursday, Justice Douglas said both arguments were misconceived, and there were no grounds to claim privilege.

“Even if such a privilege existed separate from the Act, the balance is decisively in favour of permitting access to the evidence for the purposes of Mr Baden-Clay’s trial on the charge of murder.”

Matters before the Court 3rd Feb 2014

reserved

Comanchero Jock Ross visits memorial 28 years after Milperra Massacre


The Milperra Massacre between the Bandidos and Comacheros took place back in 1984. The Comanchero founder JOCK ROSS AND HIS wife  VANESSA “NESS” ROSS visited the COMANCHERO MEMORIAL UP THE COAST AT Palmdale Memorial Park and Crematorium in 2012.

In fact this fathers day will mark 30 years to the day that 6 BIKIE CLUB MEMBERS WERE KILLED, 4 FROM THE COMANCHEROS, 2 FROM THE BANDIDOS AS WELL AS ONE MEMBER OF THE PUBLIC, TEENAGER LEANNE WALTERS, another 26 wounded (click here for my original comprehensive post)

This pic recently fell into my hands and as I get so many requests about any recent images of Jock this is the best you are ever going to get! He is never seen in public.

(To protect some younger family members I have altered them out of the picture. Click the image for a larger view. )

JOCK ROSS AND HIS MISSUS VANESSA “NESS” ROSS Visit the COMANCHERO MEMORIAL UP THE COAST AT Palmdale Memorial Park and Crematorium. To protect some younger family members I have altered them out of the picture

JOCK ROSS AND HIS MISSUS VANESSA “NESS” ROSS Visit the COMANCHERO MEMORIAL UP THE COAST AT Palmdale Memorial Park and Crematorium. To protect some younger family members I have altered them out of the picture

The massacre had its beginnings after a group of Comancheros broke away and formed the first Bandidos Motorcycle Club chapter in Australia. This resulted in intense rivalry between the two chapters.

An advertised “British motorcycle swap meet” was placed in a few local press releases, at the Viking Tavern, with a scheduled start at 10 a.m. on Sunday, September 2, 1984.

On Sunday September 2, 1984 around 1 pm, a heavily armed group of Comancheros entered the carpark of the Viking Tavern during the motorcycle part swap meet with 30 similarly armed Bandidos arriving soon after with a back-up van carrying weapons following close behind. Both sides proceeded to line up at opposite ends of the car park. William George “Jock” Ross, who had founded the Comancheros in 1968, signalled by waving a machete in the air and the two clubs charged at each other.

Police responded after receiving reports that “a man” had gone berserk with a rifle at the Viking Tavern in Milperra and “a few shots” had been fired. The first of more than 200 police began arriving but the fighting continued for another 10 minutes before they were able to stop it. Four Comancheros died from shotgun wounds, two Bandidos died after being shot with a Rossi .357 magnum rifle and a 14-year-old bystander, Leanne Walters, also died after being hit in the face by a stray .357 bullet. A further 28 people were wounded with 20 requiring hospitalisation.

Mark Pennington, one of the first policemen on the scene, was later awarded $380,000 compensation for psychological damage.

6 BIKIE CLUB MEMBERS WERE KILLED THAT DAY…4 FROM THE COMANCHEROS, 2 FROM THE BANDIDOS AND ONE MEMBER OF THE PUBLIC, TEENAGER LEANNE WALTERS

COMANCHEROS

  • Andy:  Andrew Thomas
  • Blowave: John Bodt
  • Bones: Scott Dive
  • Chewy: Rick Lorenz
  • Dog: Tony McCoy “Dog” was shot with two blasts to his upper right chest and face. He was hit with such force it was estimated he was dead before he hit the ground.
  • Foghorn; Foggy: Robert Lane “Foggy” was shot in the centre of the chest with a .357 magnum “Rossi” rifle. He remained where he fell and died almost instantly.
  • Glen: Glen Eaves
  • JJ: Robert Heeney
  • Jock: William Ross
  • Kraut: Kevork Tomasian
  • Leroy: Phillip Jeschke “Leroy” Was the Comanchero’s “Sergeant At Arms” and was a “hit” target. He was shot with the .357 magnum “Rossi” rifle and died instantly. Entry and exit wound indicate “Leroy” was crouching over and was shot in the back.
  • Littlejohn: John Hennessey
  • Morts: James Morton
  • Pee Wee: Garry Annakin
  • Snow: Ian White
  • Sparrow, Sparra: Ivan Romcek “Sparrow” was shot with one round of a shotgun and was shot at such close range that the cartridge wadding can be clearly seen embedded in his right ear. He died instantly with a baseball bat under his body
  • Sunshine: Raymond Kucler
  • Terry: Terrence Parker
  • Tonka: Michael O’keefe

BANDIDIOS

  • Bear: Stephen Roberts
  • Bernie: Bernard Podgorski
  • Big Tony: Tony Cain
  • Bull: Phillip Campbell
  • Caesar: Colin Campbell
  • Charlie: Charlie Sciberras
  • Chopper: Mario Cianter “Chopper” was shot with two blasts of a shotgun to his chest and died instantly.
  • Davo: William Littlewood
  • Dukes: Greg McEiwaine
  • Gloves: Mark McElwaine
  • Hookie: Steve Owens
  • Junior. Mark Shorthall
  • Kid Rotten: Lance Purdie
  • Knuckles: Phillip McEiwaine
  • Lance: Lance Wellington
  • Lard: Tony Melville
  • Lout: Rick Harris
  • Lovie: lewis Cooper
  • Opey: Stephen Cowan
  • Peter: Peter Melvine
  • Pig: Grant Everest
  • Ray: Ray Denholm
  • Roach: James Posar
  • Roo: Rua Rophia
  • Shadow: Gregory Campbell “Shadow” was shot in the throat by a shotgun and died instantly. Ironically, because of the number of charges this man’s own brother was charged with the murder.
  • Snake: Geoff Campbell
  • Snodgrass, Snoddy: Anthony Mark Spencer
  • Sparksy: Gerard Parkes
  • Steve: Steve Hails
  • Tiny: Graeme Wilkinson
  • Tom: Tom Denholm
  • Val: Vlado Grahovac
  • Whack: John Campbell
  • Zorba: George Kouratoras

Kathleen Folbigg-triple child killer, writing to allan jones


I had this wicked witch listed under a thread on High profile Convictions or somewhere a long time ago but when I read an article where she was writing to Media heavyweight Alan Jones like a giggling immature school girl I though it all needs to be dragged back to reality.

She murdered her infant children. Could of got away with it too. Have a read and let me know what you think. To get the current gist, here is the article I am talking about, followed by what this person has done ( I refuse to call her a mother)

IT IS A MUST READ AND A REMINDER WE MUST ALL BE VIGILANT

MATTHEW BENNS

January 20, 2014

 CONVICTED child killer Kathleen Folbigg has written heartfelt letters from inside jail to her new “friend”, broadcaster Alan Jones.

‘Different and separate from some of the worst criminals I have lived with’. Folbigg wrote this of herself to Alan Jones.

‘Different and separate from some of the worst criminals I have lived with’. Folbigg wrote this of herself to Alan Jones.

“Something I’ve always prided myself on over the years is always being different and separate from some of the worst criminals I have lived with,” she tells him in letters from her Silverwater Jail cell.

Jones believes the case against Folbigg is flawed and has backed a University of Newcastle Legal Centre bid for a judicial inquiry into her case this year.

“She writes a letter and I reply. We try to keep these peoples’ spirits up. It is an awful thing tobe locked away if you are innocent,” the 2GB broadcaster said.

He released the letters to The Daily Telegraph to highlight the “injustice” of the case against her. “Everyone needs someone to love them, don’t they?” he said.

“Surely we have an obligation to see that justice has been properly administered,” added Jones, who believes scientific evidence against Folbigg has been discredited.

But in a fresh twist, Jones called The Telegraph yesterday to say that, despite having visited Folbigg in jail and vigorously campaigning for a review of her case, he himself was not sure she was innocent.

Folbigg was sentenced in 2003 to 40 years, reduced to 30 on appeal, for the murder of three of her young children and the manslaughter of one between 1989 and 1999. She has served 10 years.

In the letters, Folbigg tells Jones how she has taken up painting and is looking forward to living in a granny flat in her best friend’s house in the country. She also talks about fellow inmates in the notorious high-protection child-killer wing of the jail. They include Kristi Abrahams, who killed her daughter Kiesha, 6, and Keli Lane, whose baby Tegan has never been found.

“I so don’t like being associated even in general with (the) likes of them. They are guilty and seriously not very nice women with many issues,” she says.

Folbigg clings to memories of her life before jail. “I have hung on to my 35 years of life (even as traumatic as it was) to any of the years that I would ever spend in here.

“Hung on to, a typical basically normal lifestyle. And even suffering so much death, disappointment and grief, it was a normal work, exercise, partner, home life. No drugs, no alcohol, no vices or excesses. So that makes me quite different to everyone in here. LOL,” she writes.

And then in a moment of reflections she adds: “Guess ‘normal’ is extremely suggestive isn’t it? Oh well, I hope you understand my jabbering on, on some level. Ha! LOL.”

She talks about hoping a judicial inquiry will have a “snowball” effect. “Of course my rational/logical side of me says ‘no guarantees’ and doubts about the success of it all are ever present. Especially as another week, another month, another year roll by. But that (is) to be human isn’t it? Full of hopes, dreams, doubts, determination. LOL. I have certainly come to discover that people care Alan.

“And it’s been quite refreshing. People say they care but actions don’t show it. The group of people I now include in my life, that’s including you too Mr, have undoubtedly shown me their hearts/minds and colour of their souls. LOL. Can’t ever ask for better than that in your life,” she writes.

Folbigg is relying on the team from the University of Newcastle Legal Centre gaining a judicial inquiry. Researchers also have argued she is the last serial child killer to remain in jail after the work of British serial child killer expert Sir Roy Meadow was discredited.

Appeal a disgusting ridiculous joke-Folbigg’s sister Lea Bown.

Appeal a disgusting ridiculous joke-Folbigg’s sister Lea Bown.

But Folbigg’s sister Lea Bown said the appeal was “a disgusting ridiculous joke. She has been found guilty by 12 jurors and there is no way those children died by anything other than her hand”.

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Her Father’s Daughter – The Kathleen Folbigg Story

Against All Odds

When Kathleen Megan Marlbourough left school in 1982, she was 15. Like many kids her age with a limited education, she worked at several low-paying jobs before marrying at age 20. Her husband, Craig Folbigg, was a steel worker. He was 25. They settled in Mayfield, a suburb of Newcastle, Australia’s sixth-largest city an hour’s drive north of Sydney.

Within a year, Kathleen was pregnant. She gave birth to their first child a son, Caleb, in February 1989. At the time of his birth Caleb was described as full term and healthy.

Five days later Kathleen took him home. One morning while feeding him, Kathleen noticed that Caleb was having difficulty breathing and took him back to the hospital where doctors diagnosed him as having a lazy larynx.

At 8 p.m. on February 19, 1989, Kathleen put Caleb in his crib to sleep. At 2:50 a.m. the next morning, Craig Folbigg was awoken by his wife’s screams. Running to the sunroom where the baby slept, Craig saw Kathleen standing over the crib screaming, my baby, something is wrong with my baby.

Caleb Folbigg was dead at just 20 days old.

The official cause of death was listed as Sudden Infant Death Syndrome (SIDS) or cot death.

Seven months later, Kathleen was pregnant again. She gave birth to another son, Patrick, in June 1990.

On October 18, 1990, Kathleen put Patrick to bed. Craig looked in on him at 10 p.m., and he appeared to be sleeping peacefully. At 3:30 a.m. the next morning he was again awoken by Kathleen’s screams.

According to the police statement, He rushed into Patrick’s room and saw his wife standing over Patrick who was lying in his cot. Mr. Folbigg picked up the baby and noted faint, laboured breathing. He commenced resuscitation until the ambulance arrived. Patrick regained consciousness, but was (later) found to now have epilepsy and be blind.

Patrick survived, but not for long.

On the morning of February 13, 1991, Kathleen called Craig at work, and, according to the police statement, said: It’s happened again. Craig left work and arrived home just as the ambulances came. Patrick was taken to hospital, but was dead on arrival.

An autopsy was conducted and the cause of death was an acute asphyxiating event resulting from an epileptic fit.

Following Patricks death, the Folbiggs moved to Thornton, a town northwest of Newcastle.

A year later, Kathleen was pregnant again. In October 1992, a daughter Sarah was born.

All seemed well until 11 months later when Sarah caught a cold and was having trouble sleeping.

By 1:30 a.m. the next morning Sarah was dead.

This time, according to the police report, Craig was awoken by Kathleens screams and saw her standing in the doorway of their bedroom. Sarah was lying in bed, motionless.

Her death was officially attributed to SIDS.

After Sarah’s death they relocated to Singleton in Hunter Valley, a popular wine producing area north of Newcastle.

The couple spent two years there before Kathleen became pregnant for the fourth time. Their second daughter, Laura, was born in August 1997.

Laura was apparently healthy when Kathleen brought her home three days later. Unlike her siblings, Laura’s breathing and sleep patterns were monitored closely for several weeks after her birth, just to be sure.

All was well until 19 months later when Laura caught a cold.

Kathleen gave her medication but at 12:05 p.m. on March 1, 1999, she called an ambulance after Laura allegedly stopped breathing. According to the official report, two ambulance officers arrived to find Kathleen performing CPR on her daughter on the breakfast bar. They examined Laura and found that she was not breathing and had no pulse.

As before, an autopsy was conducted but, unlike the others, the coroner considered Laura too old to have succumbed to SIDS, recorded her cause of death as undetermined, and ordered a police investigation.

Damning Evidence

When Detective Sergeant Bernard Ryan was assigned to investigate Laura Folbigg s death, he could have looked at the case as just one more tragic cot death. But, following the coroners finding, he decided to consider all the possibilities.

Detective Ryan began his investigation routinely by interviewing Kathleen and Craig Folbigg. When he learned that Laura was the fourth child to have died in a similar fashion, however, his suspicions grew.

Then the case took an unexpected turn. Kathleen, who had left her husband after Laura’s death, had moved out without taking many of her possessions. While Craig was cleaning up, he made an unpleasant discovery.

In a bedside drawer he found her diaries, whose contents, he later told the court, made him want to vomit. He took them to the police.

He told police that he had the odd suspicion,” but after finding the diaries his suspicions became horribly real.

Detective Ryan learned that Kathleen had been keeping diaries most of her life, but had thrown most of them away. The ones Craig found obviously had been overlooked.

Her entries indicated a woman torn by mixed emotions. On one hand, she wanted children to prove she could do it, just like other women could, and described the feeling of having a child growing inside her and being impatient for the birth: We’re all waiting, little one, when will you come?

On the other hand, she wrote about the frustrations of being a mother, including her inability to breast feed despite numerous, fruitless attempts with each child.

She also wrote about the resentment she felt after each birth when the attention shifted away from her to the new baby, describing it as a feeling of abandonment just like she had experienced as a child, where she was in a family but never felt like part of it.

She wrote about her wild mood swings and how she watched fish swim in a tank to try and calm herself: I don’t know, how do I conquer this? Help is what I want.

Her writings also disclosed her innermost fears. She worried that Craig would leave her. She felt threatened when he teased her about her weight, and wrote about how she couldn’t deal with his perpetual flirtations. At one point, when he rejected her advances because of her pregnancy, she wrote, Craig’s roving eye will always be of concern to me.

Must lose extra weight or he will be even less in love with me than he is now. I know that physical appearance means everything to him, she wrote.

When she was pregnant with Laura, she wrote: On a good note, Craig said last night he accepts that I’m not going to be skinny again. That’s wonderful, but I know deep in my heart he wants his skinny wife back.

Time after time she wrote about her weight and Craig’s preoccupation with it. Got to start changing my life and becoming a hot-looking energetic mother for my daughter and a sexy wife for my husband.

An entry on November. 13, 1996, indicated the isolation she felt, even from her own family. Why is family so important to me? She wrote. I now have the start of my very own, but it doesn’t seem good enough. I know Craig doesn’t understand. He has the knowledge and stability and love from siblings and parents, even if he chooses to ignore them. Me I have no one but him. It seems to affect me so. Why should it matter? It shouldn’t.

Once, she was home alone when a storm struck. She wrote how she was torn between wanting Craig home to comfort her and then not wanting him there because of how bad he makes her feel: I actually relish in the fact he has a weight problem now. All the years of him tormenting me have come back to get him.

Another entry searched for identity: Thirty years. The first five I don’t really remember, the rest, I choose not to remember. The last 10-11 have been filled with trauma, tragedy, happiness and mixed emotions of all designs. If it wasn’t for my baby coming soon, I’d sit and wonder again what I was put on this earth for. What contribution have I made to anyone’s life?

Other entries seem more sinister. She wrote how stress made her do terrible things and spoke of flashes of rage, resentment and hatred toward her children.

The diaries also indicate that she had no control over her depression and feelings of resentment. She wrote about wanting to wake her husband and ask for help.

One entry marked 9:45, Wednesday, June 11, 1997 reads: My brain has too much happening, unstored and unrecalled memories just waiting. Heaven help the day they surface and I recall. That will be the day to lock me up and throw away the key. Something I’m sure will happen one day.

Some entries spoke specifically about her treatment of her children: I feel like the worst mother on this earth. Scared that she [Laura] will leave me now. Like Sarah did. I knew I was short-tempered and cruel sometimes to her and she left. With a bit of help.

She’s a fairly good-natured baby – thank goodness, it has saved her from the fate of her siblings. I’m sure she’s met everyone and they’ve told her, don’t be a bad or sickly kid, mum may, you know, crack. They’ve warned her – good.

Other entries showed some remorse: My guilt of how responsible I feel for them all, haunts me, my fear of it happening again, haunts me.

When I think I’m going to lose control like last time I’ll just hand baby over to someone else … This time I’m prepared and know what signals to watch out for in myself. Changes in mood etc.

Faced with this damning, though circumstantial evidence, Sergeant Ryan began to build a case against Kathleen Folbigg. From the time he started the long process of interviews and depositions to compile a chain of evidence, Ryan was often warned by doctors that he faced an uphill battle proving his case in court.

But as he dug into Kathleen’s past, Ryan also uncovered a terrible secret.

My Father’s Daughter

On a December evening in 1969, Thomas John Britton confronted Kathleen Mary Donavan outside her home in the Sydney suburb of Annandale and stabbed her 24 times.

They had been living in a de facto relationship, and had an 18-month-old daughter.

At the trial six months later, a woman who witnessed the murder gave evidence against Britton. She testified that after brutally murdering Donavan, Britton had knelt down and kissed her saying: I’m sorry, darling. I had to do it. Allegedly he then turned to the witness and said, I had to kill her because she’d kill my child.

Britton was convicted of murder and sent to prison. The child was sent to a church orphanage. Twelve years later, Britton was released and deported to the United Kingdom.

The little girl stayed in the orphanage until she was three. At that time Kathleen Megan Marlbourough was adopted by a foster family who lived in the Newcastle suburb of Kotara.

Kathleen was an adult before she met her half-sisters and learned the truth about her parents.

On October 14, 1996, with three of her children already dead, Kathleen made a disturbing diary entry that indicated how the tumultuous events of her childhood had affected her: Obviously I am my father’s daughter. It was to be her undoing.

The Trial

Detective Ryan took two years to assemble a case that prosecutors could try with a good chance of a conviction.

On April 19, 2001, Kathleen Megan Folbigg was arrested at her home, taken into custody, and charged with murdering her four children.

During her bail hearing at Maitland Local Court, Police prosecutor Daniel Maher told the court that the prosecution would show evidence from Folbigg’s own diaries, technical evidence from pathology experts, and testimony from her estranged husband to prove that Folbigg had killed her children.

While each child’s individual death had not raised much concern, Maher told the court, their collective deaths could only be attributed to suffocation.

He said the circumstances surrounding the deaths were not consistent with sudden infant death syndrome or cot death. This included the fact that each child was found face up, they were still warm when found and in two cases there were signs of life.

He also cited medical evidence from the United States, given by forensic pathologist Dr. Janice Ophoven that showed the chances of cot death being responsible were a trillion to one.

What that means is this is the only case that has occurred in the world. It’s just not likely.

He also told the court that Folbigg did not appear to grieve after each childs death.

Extensive tests had ruled out the possibility that the children suffered fatal genetic or viral disorders, he told the court.

While admitting that the diary entries were circumstantial, Maher argued that they contributed to her partial admission of guilt.

Brian Doyle, Folbiggs defence council, told the court the deaths were a coincidence adding, Every one of the children was in fact ill in their lifetime before their death.

He told the court that the medical experts the prosecution would call as expert witnesses had come to their conclusions after being supplied with Mrs. Folbigg’s diaries and other statements. So what we have got at the end, wholly and solely, is coincidences, he said.

After hearing submissions, Magistrate Richard Wakely refused bail and ordered Folbigg be held in custody to await trial.

During the two-month trial at Darlinghurst Supreme court in Sydney, the prosecution led by Crown Prosecutor Mark Tedeschi, Q.C., presented strong evidence that portrayed Folbigg as a woman preoccupied with her own life and looks, more interested in going to the gym and nightclubs than looking after her own children.

Focusing on the same evidence presented at the bail hearing, Tedeschi made the assertion that Folbigg had a low stress threshold and killed her four children by smothering each of them over a 10-year period because she could no longer deal with the day-to-day responsibility of being a mother.

Tedeschi also criticized Professor Hilton, the pathologist who had conducted Sarah’s post mortem examination. He had been wrong to attribute Sarah’s death to SIDS when he was aware of the family history, the prosecutor said.

He told the court that because of Hiltons finding a full police investigation or coronial inquiry was never called.

The court also heard that the chances of Laura dying of SIDS were extremely low because during her life she was exhaustively investigated, monitored and had lived beyond the SIDS danger period.

To support this theory, the prosecution called Dr.Christopher Seeton, the doctor in charge of the sleep investigation unit at Sydney’s Westmead Children’s Hospital. Seeton told the court that Laura’s risk of dying from SIDS compared with other children was infinitely perhaps less than average, which is 1 in 1,000.

The crown also asserted that Folbigg avoided investigation because none of the children had shown signs of abuse so the matter was never reported to the Department of Child Services for attention.

The defence, led by lawyer Peter Zahra, refuted the claim and based their argument on the fact that the children had all been sick prior to their deaths.

To strengthen this argument, Zahra called Professor Roger Byard, a forensic pathologist who told the court that it was possible the children died from suffocation and medical problems relating to each of the four children could explain their deaths in isolation.

Considered an expert on cot deaths, Byard added: But the fact that there are all the other deaths in the family makes me less certain … I say undetermined because of the circumstances.

Asked in cross-examination whether it was possible the children had died from deliberate suffocation, Byard answered: It was a possibility, but declined to draw a stronger conclusion as he had not examined the death sites and the deceased children himself.

When questioned regarding the deaths of Patrick from epilepsy and Sarah from the heart disease, myocarditis, Professor Byard, said there was nothing in the pathology to show Patrick died of epilepsy, and added that only one child per year in Australia ever died of myocarditis.

Tedeschi shifted his attention to the incriminating diary entries claiming that they showed Kathleen Folbigg as deeply resentful of the intrusion her children had on her own life, in particular on her sleep, her ability to go to the gym, and her ability to socialize including going out dancing.

He drew attention to the fact that Folbigg was worried about her weight, telling the court: She was constantly preoccupied to an exaggerated degree on her weight gain due, in part, to the fact she couldn’t get to the gym because of her children,” he said.

He called witnesses to attest to the fact that Folbigg showed no obvious reaction to the deaths of her four children.

A hospital nurse described her as detached, and Deborah Grace, Folbiggs neighbour gave evidence that Folbigg was straight-faced after Laura’s death. There were no tears in her eyes. There was nothing, she told the court.

Folbiggs foster sister was also called and told the court that Folbiggs demeanour changed suddenly at Laura’s funeral from crying to being a totally different person. She was happy, laughing, enjoying a party.

During the presentation of evidence Folbigg remained calm, almost cool but during the fourth week of the trial she broke down as a video recording of her 1999 interview with police was played for the court. Crying uncontrollably, Folbigg attempted to leave the courtroom but was restrained by court staff and conveyed to a nearby hospital where she was sedated. The trial was delayed for several days while she recovered. When it resumed, Craig Folbigg was called to give evidence against his former wife.

In his testimony, he related the details of each baby’s death and described the terrifying growl that Kathleen would produce when she got frustrated with the children. He also told the court how Kathleen had pinned Laura to her high chair and attempted to force-feed her before dumping her on the floor with the words, “Go to your fucking father.” Several hours later, Laura was dead.

Two months after the trial began and the evidence presented, the lawyers for both sides completed their closing statements and the judge directed the jury to retire to consider their verdict. They returned in less than eight hours and told a hushed courtroom that they had reached a verdict. They found Kathleen Megan Folbigg guilty of murdering her four children.

As the verdicts were read, Folbigg broke down and cried and at one point turned toward her sister in the public gallery before slumping forward with her head in her hands.

She was taken to Mulawa Women’s Detention centre where she was placed in protective isolation, as women in prison take a very dim view of women who kill children, especially their own.

The following August she was returned to court to hear Justice Graham Barr officially sentence her to 40 years in prison with a non-parole period of 30 years.

Interviewed outside the court, Craig Folbigg dissolved into tears telling reporters, My humble thanks go to 12 people whom I have never formally met, who today share the honour of having helped set four beautiful souls free. Free to rest in peace finally.

Following the sentencing, Kathleen Folbiggs lawyers also made a brief statement indicating that they would begin working on an appeal at the first opportunity.

Betrayal

Several weeks after the trial, Folbigg wrote a scathing letter to the Sydney Morning Herald expressing her anger at the decision. It took four years to come up with a totally circumstantial non-factual, hearsay case, she wrote.

I now face being the most ‘hated’ woman around at the moment and death threats are a real consideration.

On the subject of her diaries she wrote: It’s a sad day when a mother can be put away for merely being a normal mother, who wrote down her emotions, anxieties and frustrations in bloody books.

She also defended herself against claims her demeanour was aloof and unemotional.

I didn’t have the choice to be any other way, she wrote. I would not have been useful in my own defence. The day may come where it is time to release it all, but till my battle is done in clearing my name and reputation, that day is not yet.

She also lashed out at her former husband saying he had betrayed her.

I have already suffered greatly at the hands of Craig and his capability to deliver with his tongue and his quite amazing ability to turn simple into exaggerated and extravagant tales.

Looking for Answers

Following the trial, Melbourne University Associate Professor Anne Buist, an expert in post-birth psychiatric disorders, told reporters that genetic predisposition, along with the loss of her mother at a young age, could have led Kathleen Folbigg to murder her children. We know her father killed her mother, so we know there is potentially a genetic issue there, she said.

Professor Buist also discussed the issue of neglect or emotional abuse of young children. A lot of studies have shown this can affect your development very significantly, she said. Both your brain development, your actual structural biological development if it starts early enough, as well as development at the level of not having a good parenting model, self-esteem.

Leading Sydney forensic psychiatrist Rod Milton, who gave evidence at Ivan Milats Backpacker Murder trial also agrees that the genetic implications of the case could not be rejected. We can’t discount what the father said If I let her (mother) live she would have killed the kid’.

I mean, it might be true, and that raises the genetic issue . . . that maybe there’s some sort of genetic tendency. We’re in the land of not knowing, but to exclude it would be folly. The obvious genetic implications can’t be rejected.

I think she must have lacked empathy for them, otherwise I don’t see how she could have killed them,” he said.

When asked if he thought Folbigg was mad or bad, he answered, she certainly wasn’t mad. Whether she was bad is in the judgment of others and not for me to say.

When asked if it would be possible to rehabilitate her, he said, the idea of her being released while still of child-bearing age is one that doesn’t inspire much confidence.

According to the U.S. National Centre for Health Statistics, infant homicides are classified as deaths purposefully inflicted by other persons on children less than one year old.

Studies from the same source also indicate that homicide is the leading cause of injury deaths among infants under one year of age in the United States and is the 15th leading cause of infant mortality from all causes.

In Australia, the Australian Institute of Criminology reports similar statistics: More infants under the age of one year are murdered each year in Australia than die in either motor traffic accidents, accidental poisonings, falls or drowning. Between 1989 and 1993 an average of 27 children aged under 15 were murdered each year in Australia. Almost two thirds of these children were aged five or less. Around half of all children killed by assault were under one year of age.

In a controversial article in Australia’s New Weekly magazine, Judy Wright, a criminologist at the Australia Institute of Public Safety in Melbourne, revealed the findings of her own investigation which she says shows that women are getting away with murder.

Her 1990 study revealed difficulties in prosecuting mothers that kill their children because a mother’s role is revered in society. Her study also indicates that when women are brought to trial for killing their children they mostly rely on mental disorders as their defence, she said. It’s all due to beliefs that no sane woman could be capable of wanting to kill her own child.

We look for explanations to say those mothers who kill must be sick not bad, just mad. Though we rather not think about it, women are capable of killing for the same reasons as men anger, revenge and power, she said.

To reach her findings, Wright examined hundreds of autopsy reports, coroner’s findings, Victorian Police homicide statistics and Supreme Court files as she investigated the deaths of seventy-four children between 1978 and 1990. She discovered that more than half had been murdered by their mothers, and in 11 cases women killed more than one child. Children had been drowned, set alight, stabbed, and suffocated and one baby had even been thrown out of a window by its mother who was furious at her partner for paying attention to their dog.

There were other deaths where mother’s sketchy explanations sounded suspicious, and 16 where the cause was undetermined. Many weren’t charged with murder, though there were clearly elements of rational planning in the offences. Those who were charged received lenient sentences after arguing they were traumatized, and others were given probation. Most were considered unwell and were treated accordingly.

As a result of her research, Wright also believes that many homicides have been falsely attributed to SIDS.

It’s a tragic excuse because it really devalues the pain of parents who genuinely lose children to SIDS she says.

Allan Cala, the forensic pathologist who voiced his suspicions after conducting an autopsy on Laura Folbigg agrees saying that homicide, accidental death and illness should be fully explored before reaching a diagnosis of SIDS.

He also believes that many pathologists give SIDS as the cause on death certificates to spare parents the trauma of a coronial inquest.

This may have also been the case for Kathleen Folbigg had it not been for her habit of writing down her innermost thoughts as without the damning evidence they contained she may never have been convicted or even brought to trial.

Even more disturbing is that at the time her case went to trial she was considering getting married a second time. She may have even considered having more children.

yesterdays paper

yesterdays paper

Here is an interesting addition, posted today on a sympathetic friend and blogger of Kathleen, called Alana House, who has a blog which can be found here. She is described as follows

Alana House is a blogger, mum and chook enthusiast (the live kind, not the fried kind, though she rather likes that too). Long, long ago she was a feature writer at Cosmopolitan magazine, where Mia Freedman sent her on crazy assignments to be a Dyke On A Bike at Mardi Gras and a judge at Miss Nude Australia. She went on to become editor of Woman’s Day magazine for five years. During her lunch breaks, she created and edited a series of children’s cookbooks: The ABC of Kids’ Cooking, The Nursery Rhyme Cookbook, Easy Kids’ Party Food, Easy As 1,2,3 and Fun Food. Follow her on Twitter (erratically) at twitter.com/AlanaHouse Visit Alana’s blog at housegoeshome.com

When Kathy met Alan (Jones) … In jail

By Alana House

January 20, 2014

unverified person TBA, Kathleen Folbigg and Alana House

unverified person TBA, Kathleen Folbigg and Alana House

After a decade of bone-crushing isolation and fear inside her cell at Silverwater Jail, there have finally been tantalizing glimmers of hope for my former school friend Kathleen Folbigg … and those who feel she didn’t receive a fair trial when she was convicted of murdering three of her children and the manslaughter of a fourth.

Among them is the decision by The University of Newcastle Legal Centre to work on a submission seeking a judicial inquiry into her case.

Another was the surprise appearance in the prison visitors’ room one afternoon of radio host Alan Jones that was revealed in yesterday’s Sunday Telegraph.

Kathy told me during my last visit to the jail that knew something was afoot when a buzz of excitement swept through the prison guards and an unusually large number of them suddenly decided they were needed in the visitors’ area.

She sat on her usual pink metal stool, bolted to the floor. To her surprise, Alan walked into the room and sat opposite her on one of the visitors’ blue metal stools, also bolted down.

The mutual friends who had arranged the meeting procured snacks of Mars Bar Pods and Kettle Chips from the junk food machines in the hallway and placed them in plastic bowls on the little bolted-down metal table in front of them, like some Tim Burton-style nightmare version of a fairy toadstool picnic.

Kathy wore a white canvas jumpsuit, secured with an electrical cable tie at the neck, and a pair of ugly, green Dunlop sneakers. Alan wore his signature sports jacket and a broad smile.

They chatted for over an hour and she was charmed by his open attitude towards her plight.

For the 10 years prior her only visitors have been a handful of friends and a dedicated group of Salvation Army members who offer support.

Kathy had become resigned to being branded a cold-blooded child killer who deserved to be locked away for 26 years.

Having Alan visit – and offer his very public support on the cover of yesterday’s Sunday Telegraph – is a sign that the tide of public opinion may finally be turning.

Alan told journalist Matthew Benns (who previously wrote a book called “When The Bough Breaks” that actively condemned Kathy as a murderer) that after reading academic lawyer Emma Cunliffe’s book “Murder, Medicine and Motherhood” about the court case: “I am persuaded that the expert evidence is not convincing at all.”

Alan’s public support is a powerful thing. Liberal powerbroker Michael Kroger, for example, told ABC’s Lateline after the 1998 federal election that he knew who to thank for the Howard government’s narrow victory: his friend Alan Jones.

Alan has a loyal and trusting radio following. He speaks out and people listen, they believe.

Alan notes to Benns: “Having met the woman I find her a very courageous woman and an outstanding person who faces this injustice with great dignity.”

There are many, many issues that I vehemently disagree with Alan Jones upon. There are many, many things that he’s said in the past that I find distasteful. His views on Julia Gillard and her father dying of shame being a disturbing case in point.

(UPDATE: And his decision this morning to release private letters from Kathy to The Daily Telegraph distressed me – Kathy will be mortified and disappointed. How can he not realise how much more difficult he has made her life behind bars?)

But his words about Kathy yesterday were spot on.

I can never imagine having her courage. Prison is a terrible place full of terrifying people and, as Alan notes: “Society collectively should be concerned if a woman’s lying in jail, convicted for (killing) four children, if she didn’t do it.”

When Kathy finally steps outside those prison walls – whether in one year or 15 – she will have nothing. No home, no money, no family. She has lost them all. The Salvos promise someone will be there to meet her when she is freed. But then what? How does she successfully re assimilate into society after being incarcerated for so long, when she’s hated by so many?

I’ve written blogs about Kathy and the vitriol they inspire is fascinating:

“She murdered her little babies after she snapped when they wouldn’t stop crying. She’s a cold, evil and manipulative woman who deserves to rot in jail.”

“She was cruel and evil. I shudder to think of what those poor little babies went through.”

“This woman killed her kids. There are no ifs or buts. She’s a cold-blooded killer. End of story.”

But it’s not the end of the story for me. My world isn’t so black and white. The possibility an innocent woman has been jailed haunts me.

I think I would go mad, locked away for so long, the world believing I murdered my own children. But Kathy is strong, she always has been. She believes her difficult past has helped her survive prison, without it she might have gone mad.

And now she needs to remain strong and not let her hopes get too wild. Because while a wave of public support, a visit from Alan Jones and a campaign by The University of Newcastle Legal Centre are thrilling developments there’s still a long and fraught battle ahead before a judicial inquiry is even countenanced, let alone successful.

But I look forward to visiting her in a few short weeks, hugging her tight and hoping her barrister gets that miracle chance to prove whether justice was indeed done. Time will tell alana, something those kids never got…

Below is a PDF of all court judgements in one document.

R v Folbigg ALL judgements

Baden-Clay due to face trial in June for the murder of his wife, Allison


 Allison

Courier Mail

 A SUPREME Court judge has described a counsellor’s attempts to avoid testifying at the murder trial of Gerard Baden-Clay as “bizarre”.

Justice James Douglas was commenting on submissions from the counsellor’s barrister that her sessions with Baden-Clay and his wife, Allison, were confidential.

“I regard the proceedings of the criminal courts of Australia as very significant proceedings,” Justice Douglas told a pre-trial hearing.

“I would have thought it would require very strong words to prevent evidence being called.

“To construe an act like this, to say evidence isn’t admissible when somebody’s on trial for murder, is quite frankly, in my mind, bizarre.

“A person on trial for the most serious crime really should be able to call evidence or have evidence called that is relevant.

“To construe the act this way, to try to say it’s actually in the public interest not to, I find very odd.”

Baden-Clay, who is due to face trial in June for the murder of his wife, sat silently in the dock for yesterday’s hearing. Clean-shaven and dressed in a dark suit, he was flanked by security guards and did not have his usual family support.

He reported his wife missing from their Brookfield home last April and her body was discovered under a bridge 10 days later.

Justice Douglas has been asked to rule on whether evidence from Relationships Australia counsellor Carmel Ritchie was admissible in the trial.

Barrister George Kalimnios, for Relationships Australia, argued the counsellor could legally keep her sessions with the Baden-Clays confidential.

But the prosecution and defence yesterday both told the court they wanted the evidence to be included and argued it was admissible.

Prosecutor Glen Cash, for the Director of Public Prosecutions, told the court police executed a search warrant on Relationships Australia Queensland on May 11 last year.

Baden-Clay had a session with Ms Ritchie on April 16 last year, just four days before he reported his wife missing from the Brookfield home. His wife had a separate session with Ms Ritchie immediately after his, and had a previous session on March 27.

Mr Cash told the court any public interest in confidentiality was overwhelmed by the need for access to the full evidence for the murder trial.

Concerns about discouraging openness in counselling sessions had to be put behind the interests of allowing the trial, he said.

Concerns about effects on future counselling sessions could be “overstated” as counsellors could only be called to give evidence in a very small number of cases, he said.

Michael Byrne QC, for Baden-Clay, said a murder trial had far greater public interest than confidentially for counselling sessions.

Justice Douglas said he would make his decision known at a future date.

Outside court, Baden-Clay’s solicitor Peter Shields said: “There won’t be any comment at all until the end of the trial.”

Source:  http://www.couriermail.com.au/news/gerard-badenclay-appears-in-court-for-pretrial-hearing-to-decide-whether-counsellor-should-testify/story-e6freon6-1226730693253

UPDATE (Thanks to JJE).

Developments on the BC case in court this morning.  Mr Business-As-Usual was in court today, represented by the very capable Mr Shields.  The counsellor has been ordered to appear as a witness.  Although not mentioned in the relevant CM or BT articles, it has been said previously that BC’s legal team were not opposing the counsellor giving evidence…  I wonder if that is the case now… (keep in mind his legal team has changed).  A glance at the ruling and reporting indicates this is still the case. And previously the counsellor – through her barrister – has argued that the sessions were ‘confidential’…  Thankfully this judge has sensibly ruled otherwise

Reveal all, I say…  Reveal all and let everyone see for themselves…

http://www.brisbanetimes.com.au/queensland/badenclay-counsellor-can-give-evidence-20131219-2zmld.html