Is it the end for sites like Aussiecriminals


I have to ask that question after being harassed by the legal folks at the Courier Mail demanding I take down all the articles and photographs that I use here, at this point about GBC trial. (I had already removed the pics over last 4 days)

Articles and photographs are owned by them and I am stealing basically so we can dissect and discuss this case and others. They say I can post links only to their site?????

I am sure there are millions of pages from newspapers published in another format or whatever on people’s blogs for non commercial reasons.

But they have come after me. Interesting that…

Here is the email I received this afternoon, I have 1 day to reply. What do we do? I am devastated at the moment but wanted to share it with you guys.

Dear Rob,

Thank you for your email explaining your situation.  I am sorry to hear about your injury.  However, it is good that you have found something that you are clearly passionate about, and a community of people with similar interests.

As I am sure you will appreciate, the Courier Mail team is equally passionate about what we do.  We have dedicated court reporters who cover criminal trials day in, day out under enormous pressure to write stories accurately and quickly.  We also have photographers who travel extensively, editors working into the night and lawyers like myself who ensure our coverage is not defamatory or in contempt of court.  So you can imagine our team’s disappointment when our hard work is taken by other people and copied.

Your website is infringing our copyright in our articles and photographs.  Just because we publish our work on the internet does not mean everyone can take it and use it as their own.  Attributing the material as being sourced from the Courier Mail does not provide an excuse – it only proves that you have taken the material illegally.    As your website is about people who break the law, I am sure you can see the irony.

We ask that you take down the Courier Mail articles and photographs from your website.  You can, of course, replace them with links to our website at couriermail.com.au.

Please let me know whether you agree by tomorrow.  I have copied this email to your website host, WordPress/Automattic (for the attention of David W.), to keep them informed.

Kind regards,

*********** | Legal Counsel  | News Corp Australia

Level 3, 2 Holt Street, Surry Hills NSW 2010
Direct  *************  Mobile ********  Email [email protected]

—–Original Message—–
From: Robbo [mailto:[email protected]]
Sent: Tuesday, 17 June 2014 1:23 AM
To: ********************
Subject: Re DMCA notice

Hi *************

I am writing to you for 2 reasons.One is for understanding the other is what can we do as a community of crime lovers do so this does not happen again.

I started  this website called aussiecriminals.com.au about 4 years ago because as a community we never got to have a say about crimes happening in our community.

I am a one man show unpaid normal guy. After falling off a roof at work and recovering I found something to o.Talk about crime.That is all we do.We are non commercial all we do is talk about cases.

How else can we discuss cases when the newspapers/media are the only ones we get info from. I only share stuff on the net and try to give credit to the sources like yourselves.

Your actions would devastate hundreds if not thousands of folks in our community who were touched by the baden clay case.

I sincerely ask in the first instance you remove the threat to our site and then we can discuss what to do about it.

This site has been my only outlet since injuring my back.

Sincerely

Rob

Public Trustee takes Hajnal Black to court for $2m-UPDATES


Who the hell is this woman, some model? A councillor? Or an attention seeking money hungry wannabe politician taking advantage of an old man and his money? Who knows, but I want to find out…check this out

04/05/12 UPDATES A PLENTY…HOW THIS WOMEN EVEN GETS A LOOK IN FOR ANY PUBLIC OFFICE POSITION IS BEYOND ME!

Hajnal Black arrives at the Brisbane Courts

Hajnal Black loses Greenbank property

Thu Apr 19 2012

Controversial Logan City Councillor Hajnal Black has lost claim to a Greenbank property she says was gifted to her by an elderly friend.

Supreme Court Justice David Boddice ruled in Brisbane on Thursday that Black, 34, was not entitled to the property.

The judgement comes after Ms Black announced on Wednesday night that she would not be contesting the April 28 local government election.

In his judgement, Justice Boddice says the man, a 67-year-old former barrister with dementia, did intend to give Ms Black a joint interest in the Greenbank property.

However, he did not take all the necessary steps to do so and Ms Black was unable to get further instructions from him to complete the transfer, Justice Boddice said.

“The vesting of legal title was therefore not within the control of (Ms Black),” he said.

The matter was one of several high-profile court cases concerning Ms Black’s dealings with the man.

She was fined $3500 and ordered to pay $5000 for costs of court after she was found guilty of failing to declare pecuniary interests to the Logan City Council.

Criminal convictions related to $1.37 million of the man’s money she had transferred into her own bank account instead of putting it in a trust.

The convictions would have made Ms Black ineligible for holding public office if they were upheld after an appeal.

Black day for Logan City councillor Hajnal Black’s court appeal

by: Mark Oberhardt

From: The Courier-Mail

April 13, 2012

Hajnal Black speaks to the media outside Beenleigh Magistrates Court.

BLACK Friday hit home for troubled Logan councillor Hajnal Black when the Court of Appeal found her own incompetence had cost her a chance at winning an appeal in a dispute about her handling of a dementia patient’s money.

In what veteran court journalists described as the most unusual performance in decades, Ms Black was before the Court of Appeal wanting orders and stay proceedings which had everyone confused, not the least, at times, the judges.

The Court of Appeal’s President Margaret McMurdo repeatedly became frustrated with the self-represented Ms Black, who was appearing under her maiden name of Ban.

At various stages Justice McMurdo said such things as: “This is ridiculous”; “You are getting off the track, yet again”; and “I am trying to get some sense out of you.”

Justice Debbie Mullins said Ms Black seemed to have been spending all her time preparing the “wrong things”.

Try to focus, appeal judges tell Hajnal

Hajnal pays a heavy toll

Hajnal case adjourned to next month

Legal lifeline for Hajnal Black

‘It was raining’, Hajnal says of no-show
Later, Justice Mullins asked Ms Black if she had tried to get proper legal advice?

“No, I withdraw that question. You should get proper legal advice,” a equally frustrated Justice Mullins said.

Ms Black has three separate cases which basically evolve out of the Public Trustee taking her to court to get a ruling she mishandled $1.37 million in trust for an elderly man with dementia.

Not only were there Supreme Court and Court of Appeal actions Ms Black was fined $5000 in the Beenleigh Magistrates Court, after being arrested on a warrant, for not declaring pecuniary interest while she was working in public office.

Last year, the Public Trustee sought a summary judgment that Ms Black had mishandled the money of the dementia patient in regard to the sale of properties at Park Ridge and Greenbank, in Brisbane’s south.

The Public Trustee got a summary judgment involving the Park Ridge property but the judge sent the Greenbank issue to trial which was heard last month.

Judgment is pending in the Greenbank case but in the meantime Ms Black appealed the Park Ridge decision to the Court of Appeal.

She was to file her appeal documents by February 1 but was given several extensions which she failed to meet.

On February 17, when she was before the Court of Appeal Justice John Muir who gave her another 10 days to file the documents.

Then on March 8, the Public Trustee brought an action to have the Park Ridge property appeal struck out because Ms Black had still not filed the documents.

Three judges in the Court of Appeal on March 8 gave her until March 16 to file the documents but if she didn’t the appeal would be automatically dismissed.

Ms Black again did not file the documents and the appeal was automatically dismissed.

She was back in the Court of Appeal today wanting to get orders involving the Park Ridge judgment, and wanting to dispute Justice Muir’s order of February 17.

Ms Black also wanted further orders involving the Park Ridge property judgment, declaring Justice Muir should not have sat on the March 8 hearing and various other orders against Beenleigh Magistrate Trevor Morgan.

She argued because she had so many court cases going at the one time and being self-represented she did not get enough time to prepare.

The Court of Appeal dismissed all three sets of claims by Ms Black.

Justice Margaret McMurdo said it appeared harsh that Ms Black had not got a chance to argue the appeal against the Park Ridge decision in the Supreme Court.

“It was most unfortunate that through her (Black’s) incompetence she has been unable to argue the case on its merits. She should seek proper legal advise on the best course to take,” Justice McMurdo said.

She said there was no basis for Ms Black’s other claims.

Justice McMurdo said she was not convinced Ms Black was deliberately bleeding the man’s estate through court costs but had been mismanaging her time.

Hajnal Black fined $5000 after being found guilty of four charges relating to pecuniary interests

by: Brooke Baskin

From: The Courier-Mail

March 27, 2012

LOGAN City councillor Hajnal Black has been found guilty of not declaring a pecuniary interest while she was working in public office.

She was found guilty for failing to declare a joint bank account with a man she held power of attorney over to the CEO of Logan City Council.

She is appealing a Supreme Court ruling she mismanaged $1.37 million of the man’s funds.

Ms Black was found guilty of four of five charges:

They are: failing to declare a joint bank account with the man; failing to declare his relationship to her; failing to declare her business Dahlia International; failing to declare interest from an unsecured personal loan and for failing to declare a property at Mt Warren Park between August 12 2009 and October 28, 2011.

A charge of  failing to disclose a personal loan was dismissed.

Hajnal on hold, but hubby is running

Ms Black was ordered to pay $5000 and had a conviction recorded.

It’s understood she won’t be able to stand for council again for at least four years.

She has accused Counsel for Local Govt and Planning of deliberately stalling so she can’t nominate for council elections.

The Queensland Electoral Commission said if Hajnal Black had not yet re-nominated, there was not a thing she could do to try to run for council again regardless of today’s guilty verdict.

The deadline for nominations closed at midday today and Ms Black was still in Beenleigh Magistrates Court.

Hajnal Black is first person in public office in Queensland prosecuted under register of interest legislation.

Cr Black recently spent a week on the run from police after a warrant was issued for her arrest by Beenleigh Magistrate Trevor Morgan.

She was arrested by police at a riverside property at Bellbowrie, west of Brisbane, around 2pm on Friday afternoon and was released on bail after appearing in custody at Brisbane Magistrates Court.

This morning she appeared well-dressed and flanked by her parents and brother for support.

Her husband, Sean Black, also a councillor at Logan City, was absent from court.

Ms Black again called for Mr Morgan to stand down from hearing the matter.

She said she had applied for the decision to be stayed until her separate appeal of the Supreme Court decision was heard.

“I spent a horrifying afternoon being hunted down like some sort of mad woman on the loose,” Ms Black said.

She disputed the magistrate’s version of the events and called for the matter to be stayed so she could see a transcript.

But Mr Morgan refused both applications.

“You have your rights of appeal and I trust you will exercise them,” he told her.

Her mother Irene is also expected to stand along with husband Sean Black, who announced his re-nomination on Sunday.

Ms Black arrived at Beenleigh Court again this morning and said she would challenge Magistrate Trevor Morgan on a few points.

“This is turning into something bigger than the OJ Simpson trial,” Ms Black told reporters when she arrived.

In contrast to previous appearances, Cr Black arrived at Beenleigh Magistrates Court this morning on time.

Even Legally Blonde had a better story than this…

Marissa Calligeros

March 27, 2012

Logan councillor Hajnal Black’s bid to retain her ward in next month’s election is in doubt, after she was found guilty and convicted of failing to declare her financial interests while in public office.

In a ruling that may see Cr Black expelled from council and prohibited from running for local government for the next four years, Magistrate Trevor Morgan found her guilty of four of five charges laid against her.

After seven days on the run from police last week, Cr Black was today found guilty of failing to declare a joint savings account held with the man; failing to declare his relationship to her; failing to declare her own business Dahlia International Pty Ltd; and failing to declare a property at Mt Warren Park. A charge of failing to declare interest from an unsecured personal loan was dismissed due to a lack of evidence.

The hearing in the Beenleigh Magistrates Court saw Mr Morgan interrupted by repeated outbursts from Cr Black, a former barrister, who represented herself in court and accused the magistrate of bias, urging him to dismiss the case.

The case is the first of its kind since new public disclosure laws, designed to prevent government corruption, were introduced in 2010.

“It wouldn’t get past my six-year-old step-son,” Cr Black said.

Cr Black said Mr Morgan would be made a “laughing stock” once she made her appeal in the High Court.

“It is a mockery to our legal system that the Crown has spent thousands of dollars of taxpayers’ money [on this]. It’s a joke,” she said.

Cr Black removed her shoes and leaned back in her chair as she continued to berate the magistrate.

“Even Legally Blonde had a better storyline than this. I should be working on my High Court appeal instead of going through amateur hour again.

“When I go to the High Court, yes I’ll be claiming my $300 million worth of damages.

“This has been a travelling circus for the past few weeks.”

Cr Black was fined $3500 in total, and told to pay $5000 in costs.

In sentencing Cr Black, Mr Morgan said her “belligerent and arrogant” behaviour and disregard for the court had prompted him to impose a greater penalty than he otherwise would have.

“Your conduct in these proceedings has exposed you to a higher penalty,” he said.

“You made extensive, largely unintelligent submissions … which occupied an inordinate about of court time.

“You seem to me to have displayed little insight or deliberate blindness to the situation you are in.  One could describe your approach … as wilful blindness.”

Mr Morgan, who placed his head in his hands several times during the hearing, said Cr Black had shown no remorse for her actions or the accusations of conspiracy she levelled at himself and Crown prosecutor Ben McMillan, but rather displayed “self-righteous indignation”.

“You arrogantly treated this [court process] as a mere annoyance,” he said.

Since December, Cr Black has been trying to appeal a decision made by the Supreme Court, which found she misused the funds of a 66-year-old man with dementia, for whom she previously had power of attorney.

Following that ruling, the Department of Local Government pressed today’s charges against Cr Black.

Outside court, she said she still intended to contest the next council election on April 28 having lodged her nomination yesterday.

She said she believed she would still be able to contest her Logan ward because the implications of her conviction would not come into effect until the appeal process was exhausted.

When asked why Logan residents should vote for her, Cr Black replied, “I’ll be the only councillor who will take their rights to the High Court.

“It’s not just about me and my family… This will set a precedent and I want to make sure that no one has to go through what me and my family have gone through.”

Arriving at the Beenleigh Magistrates Court this morning, Cr Black likened her ongoing legal battle to the O.J. Simpson trial.

“I don’t really know what today’s about so we’re going to go in and it’s going to be a bit like a lucky dip,” she said outside court on her arrival today.

“You know, we’ll see what the judge feels like today.

“It’s kind of like turning into [something] bigger than the O.J. Simpson trial down at Beenleigh.

“You know, like, this is really dragging on.

“It’s a bit of a joke, like I look at the charges and I look at the evidence and I’m just, like … this is a bad mock trial, that’s how bad it is.”

Cr Black was supported by her brother and parents in court today.

She described her brother as her “drill sergeant”, who ensured she arrived at court on time today.

Last week, Cr Black turned up six hours late for a court hearing, and then stormed out of another, leading to a warrant being issued for her arrest.

She then remained in hiding at a friend’s house in Bellbowrie, in Brisbane’s west, where she was arrested seven days later.

Her husband, fellow councillor Sean Black was not at court this morning.

Hajnal Black granted bail

Marissa Calligeros and Dan Nancarrow

March 23, 2012
Besieged Logan councillor Hajnal Black has been granted bail in a Brisbane court after she was arrested earlier today.

Mrs Black appeared in Brisbane Magistrate’s Court this afternoon, where she applied for bail, which was granted on the condition that she reside in her New Beith address and report to the Jimboomba police station every weekday from Monday.

The police prosecutor Ben McMillan had asked for Ms Black to put forward a sum of money as surety but after she indicated she did not have enough money the Magistrate did not impose the condition.

Ms Black, wearing snakeskin pants and looking tired, told the court she had exhausted all her funds on court matters.

Police said the 34-year-old, who had been in hiding for six days, was arrested without incident at a Bellbowrie address today.

It is believed police received a tip-off from a member of the public, as to the councillor’s whereabouts.

Police had been searching for the councillor since a warrant for her arrest was issued last Friday, when she walked out of a courtroom midway through a hearing over her alleged failure to declare financial interests she shared with a man decades her senior while in public office.

Police visited the New Beith home Mrs Black shares with her husband, fellow Logan councillor Sean Black, several times this week, but failed to find her.

Since December, Mrs Black has been trying to appeal a decision made by the Supreme Court, which found she misused the funds of a 66-year-old man with dementia, for whom she previously had power of attorney.

She said she had been following the man’s wishes when she transferred $1.37 million from the sale of his property into her own account, arguing that she had been friends with him for decades and that he was like a father to her.

Following the Supreme Court decision, the Department of Local Government pressed five criminal charges against Mrs Black for failing to declare pecuniary interests before Logan City Council.

Speaking outside the Brisbane Watchouse after being granted bail this evening, Mrs Black said she had not handed herself into police because she had been working on her appeal at a friend’s home in Bellbowrie.

She said she would also appeal the decision for a warrant be put out for her arrest.

The warrant – the second issued in as many days last week – was issued after she stormed out of court midway through a hearing into the matter on Friday, in which the magistrate was to decide whether she had breached local government disclosure laws.

“There are a number of issues there which I will be appealing,” she said.

“The Magistrate is not above the law and putting aside all the excitement and all the sensationalism, which comes with reporting this, there are some real issues here and that’s what I have been trying to bring to your attention.”

Mrs Black also claimed she had evidence of political interference by Labor in lodging her appeal against the warrant placed on her.

“What I’m going through, if someone would have told me, I would have thought this would be like a B-grade horror movie. That’s what it is like, but it’s actually reality,” she said.

Mrs Black said she would be taking her Supreme Court matter to the High Court.

“Someone once said to me ‘if you want justice in this state you’ve got to go to the Court of Appeal or you have to go to the High Court’ and I will take it to the High Court because I can tell you that I have an unblemished record, I have always done the right thing with the accordance of the law, so the fact that this has happened right before an election should be saying something,” she said.

“And I would just urge you to put aside all the sensationalism and really start seeing what is really going on behind all this.”

Mrs Black is due to appear in Beenleigh Magistrates court on Tuesday and in the Supreme Court to hear her earlier matter.

Despite her days in hiding, Mrs Black said she would attend both.

She is charged with failing to declare a joint savings account held with the man; failing to declare his relationship to her; failing to declare her own business Dahlia International Pty Ltd; failing to declare interest from an unsecured personal loan; and failing to declare a property at Mt Warren Park.

Mrs Black is well connected in conservative political circles, winning LNP preselection for the federal seat of Wright in 2010 before it was revoked because she failed to disclose the investigation into her behaviour as power of attorney.

Federal Senator Barnaby Joyce was MC at the Blacks’ wedding in 2010, which was also attended by mining magnate and LNP donor Clive Palmer, opposition state MP Fiona Simpson and Senator Ron Boswell.

Councillor Hajnal Black defends $2 million ‘cash transfer’ from sale of sick friend’s house

by: Alison Sandy

From: The Courier-Mail

January 07, 2011

A QUEENSLAND councillor, who is famous for going to Russia to have surgery to lengthen her legs, denies she misappropriated money belonging to an old sick friend because it was his “much held desire” that she be well provided for, documents lodged in the Supreme Court state.

Hajnal Black (nee Ban) and her husband Sean are being sued by the Queensland Public Trustee, who alleges that after she was appointed power-of-attorney for the 66-year-old man, she proceeded to arrange the sale of his property for $2.25 million.

The court documents state Mrs Black and the elderly man also established a joint bank account at the time, where the money was eventually placed.

It’s alleged she then transferred most of it into her own account.

In the defence filed by Mrs Black, she said the decisions were made with the consent of the man, who now has dementia and cannot be named.

“(It) was entirely consistent with the wishes of (the man) that she be well provided for because providing well for her as a daughter-figure was his highest aim and much held desire because of his strong affection for her and his gratitude for her unconditional love and unyielding support,” the court documents said.

Partners in politics now for life

Two councillors in $2million hot water

The Blacks, who both represent Logan City Council south of Brisbane, lodged a joint defence, which also stated the man did not want his own children to share in “his bounty”.

“(The man’s) care and protection was ensured by the first defendant (Mrs Black) having control of the money and not allowing the money to be placed under the control of a person who would not have the knowledge of (the man’s) wants and needs as the first defendant would, and exposing his bounty to possible claim by persons, such as his children, who he specifically and vehemently did not wish to be benefited from that bounty,” the defence states.

In his claim to the court, Queensland Public Trustee Peter Carne said it was a “breach of trust” and she (Mrs Black) “knew or willfully (sic) shut her eyes to the fact that she had no entitlement” to his money.

Mr Carne said the man was of “impaired capacity”, rendering him unable to fully comprehend the nature and effect of the transactions.

The court documents state Mrs Black had already arranged for more than $900,000 to be transferred to the Public Trustee who took over the role of financial power-of-attorney for the man from her last July.

Two councillors in $2million hot water

by: Alison Sandy

From: The Courier-Mail

December 08, 2010

NEWLY-WED councillor Hajnal Black is being sued by the Public Trustee of Queensland in the Supreme Court over her handling of an elderly man’s finances.

The matter, which has already been before the Queensland Civil and Administrative Tribunal, involves more than $2 million from the sale of the man’s property being lodged in a joint account of his and Ms Black’s (formerly Ban), who at that time held his financial power of attorney.

The Public Trustee claimed in QCAT documents that at least $770,000 was used for the Logan councillor’s personal benefit or could not be accounted for and $100,000 was put into her now husband’s account.

Ms Black, who was disendorsed by the LNP in the seat of Wright in this year’s federal election, has argued in an affidavit she was entitled to spend the $2.25 million in the joint account, and the $100,000 she gave to Cr Black was for the “offset of his business account and the purposes of our wedding which took place on 30 May, 2010″.

She has continuously maintained that the 65-year-old man was like a father to her and their finances had always been entwined.

Logan Mayor Pam Parker was unwilling to comment on the court proceedings, but said Cr Sean Black’s role in the council would be affected.

“Because of his association with this matter, I will be requiring him to stand down from the budget steering committee whilst these legal issues are pending,” she said.

Queensland Speaker John Mickel said that in light of this latest legal development, the Blacks’ positions within the council should be reviewed pending the outcome of this litigation.

“These are serious matters that can’t be brushed lightly aside,” he said.

Neither Sean nor Hajnal Black would comment last night, but friend David Goodridge said it was an attempt to bring them down.

“They’re (the Blacks) unable to defend themselves due to the nature of the process. It’s despicable,” he said.

LNP state president Bruce McIver wouldn’t say whether this would affect Ms Black’s chances of being endorsed in the state election.

The Public Trustee was last night unavailable for comment.

QUEENSLAND’S ethical watchdog has accused Hajnal Ban of taking almost $2 million from a joint bank account she shared with a sick and elderly pensioner while acting as his financial power of attorney, including $100,000 she allegedly gave to her now husband, Sean Black, court documents claim. (I notice here husband, in the pic on the left was a dweeby new fellow councillor back a few years ago and is now her husband. Has he got his hands on the money too? What’s going on there?

LEGAL action: Councillors Sean and Hajnal Black

Concerns over how some of the money was spent are contained in a letter from lawyers representing the Public Trustee of Queensland lodged with the Queensland Civil and Administrative Tribunal, which is investigating allegations of financial mismanagement.

However, in documents also lodged with the tribunal, Logan City Cr Ban has argued in an affidavit she was entitled to spend the $2.25 million in the account, and the $100,000 she gave to Cr Black was for the “offset of his business account and the purposes of our wedding which took place on 30 May, 2010″.

She also explained in court documents that a withdrawal she made after she was suspended as financial power of attorney by the Office of the Adult Guardian in April was an oversight.

“At that time, I did not realise that transfer might be seen as subject to the direction of the tribunal as to require me to notify the Public Trustee.”

In documents lodged with the tribunal, Public Trustee lawyer Mark Crofton claimed the 32-year-old Logan City councillor had “not complied with the orders of the Queensland Civil and Administrative Tribunal”.

“From a cursory review of your client’s affidavit, it would seem that this affidavit deals with withdrawals amounting to $1,975,030,” he said in the letter to Cr Ban’s lawyer.

QCAT documents reveal the expenditure included $605,030 for her charge’s nursing home bond and $500,000 was invested, but Mr Crofton claimed $435,000 was spent for her own benefit and another $335,000 was unaccounted for.

“That which is not said is who was the recipient of those funds,” he said.

In the tribunal documents, Mr Crofton also questioned various payments of “reimbursement”, requesting details on:

• $40,000 to $50,000 for a fence

• $105,000 for a unit at Mt Warren Park

• $18,752 for an insurance payout

• $1733.33 for a “pilot accountant”

• $170,000 for anticipated legal fees; and

• Various payments to a mystery recipient only known as “Bob”.

On Tuesday, Cr Ban’s lawyers said their client had “at all times acted in her own right and not pursuant to her Power of Attorney” on behalf of the man.