Hey Dad! star Robert Hughes child sex abuse trial- FOUND guilty 10/11 charges


3PM 07/04/14

UPDATE HUGHES FOUND GUILTY ON 10 OF 11 CHARGES

Sleep well in jail "Hey Dad" Robert Huges

Sleep well in jail “Hey Dad” Robert Hughes


Former Hey Dad! star Robert Hughes has been found guilty of nine of 11 charges of sexually assaulting young girls in the 1980s.

A jury delivered its verdict after a trial lasting almost six weeks at Sydney’s Downing Centre District Court.

Hughes had pleaded not guilty to the 11 charges that he either sexually or indecently assaulted five girls between 1985 and 1990.

The victims were aged between seven and 15 at the time.

Robert Hughes trial: Former Hey Dad! star guilty of one of final two indecency charges

Updated 6 minutes ago 08/04/14

Former Hey Dad! star Robert Hughes has been found guilty of one of his remaining two indecency charges.

Hughes was found guilty on nine other charges of sexual and indecent assault of young girls dating back to the 1980s.

The jury returned to consider the remaining two charges Tuesday morning.

Hughes has now been found guilty on one charge, dating back to 1990, but the jury was unable to reach a verdict on the other.

The 65-year-old sat quietly in the dock as the verdict was read out.

The trial lasted almost six weeks.

Earlier today, the judge dismissed an application from Hughes’s lawyer to dismiss the jury before it gave verdicts on the final two charges, due to the reporting of yesterday’s guilty verdicts.

“It is my respected submission that media reporting of the accused has been so extensive and pervasive that it is an impossibility to suggest jurors haven’t been exposed to it,” Greg Walsh told the court.

Crown Prosecutor Gina O’Rourke told the court the media reports were based on information the jury had already heard in court.

“This case has received significant media attention and it was inevitable that the nine counts were going to be reported,” she said.

“The media simply reported what the verdicts were and the outburst (by Hughes).

“The reports referred to evidence that the court and jury heard during the trial.”

In delivering his decision on the application, District Court Judge Peter Zahra noted the jury had been diligent and had listened to his instructions about avoiding media reporting of the case.

“The material that I have seen so far is regrettably what had been reported during the trial and I say regrettable because it has been inflammatory…I don’t propose to discharge the jury,” he said.

On Monday Hughes was found guilty of two counts of sexual assault and seven counts of indecent assault.

The victims were aged between seven and 15 years old at the time.

District Court Judge Peter Zahra had asked the 12-person jury to deliver at least a majority decision of 11 on the remaining two counts of indecency.

Hughes had pleaded not guilty to all 11 charges of sexually or indecently assaulting five girls between 1985 and 1990.

As the verdicts were read out yesterday Hughes stood up in the dock and yelled: “I am innocent.”

Mr Walsh says it is anticipated the actor will appeal.

He told reporters outside the court that Hughes was a broken man and that he believed it was not a fair trial.

Hughes will be sentenced in May.

Hey Dad! star Robert Hughes exposed himself to young female co-star on set in the 1980s, court hears

February 24, 2014 3:33PM

FORMER Hey Dad! STAR Robert Hughes exposed himself to a young cast member on set at the same time other young girls complained about being woken in the night by his sexual advances, a jury has heard today.

Hughes, 64, has pleaded not guilty to a string of child sex offences, said to have occurred mainly in the mid-1980s.

Update 26/02/14

The boyfriend of an alleged victim of Robert Hughes said he would insist on taking her to bed and touch her

February 26, 2014

AN ALLEGED child victim of Hey Dad! Star Robert Hughes says he molested her at night and then gave her teddy back and told her she was a “good girl”.

Hughes in a publicity still for the popular Channel Seven show.

Hughes in a publicity still for the popular Channel Seven show.

The woman said she would often go to sleepovers at his Artarmon house, in Sydney’s north when the two families were neighbours.

He would walk into the bedroom at night while she slept on a mattress on the floor, she said.

“I remember Robert coming in and telling me to roll over then he would put my hand with his hand,” the victim told the jury on Wednesday.

He helped her masturbated him and rub his sperm on her genitals, she said.

The women who is now 35 said she started sleeping on her stomach and putting her hand underneath her after the incidents started to occur regularly.

On one occasion after it had happened again, Hughes allegedly gave the girl back her teddy bear and told her “good girl, go back to sleep”, she said.

The woman said the same incident happened a number of times but she did not remember exactly because of her young age.

She said she would start making excuses not to go to sleepovers.

After the girl told her parents at the age of seven or eight, they took her to a psychologist, sold their house and moved away from Hughes.

Hughes, 64, has pleaded not guilty in the District Court to 11 child sex offences involving five alleged victims.

The boyfriend of another complainant also gave evidence at his trial on Wednesday.

The man, who dated the girl from when she was 16, said she had first told him about the famous actor at a conversation in her kitchen at Christmas, 1986.

The girl’s parents were friends of the Hughes family and they would often come over to their house when she was a child, he said.

“She asked if I knew the actor from Hey Dad! Robert Hughes,” he said.

“She said late in the evenings when it was bedtime Robert would be fairly insistent to take the children by himself to bed.

“He would then put his hands under the sheets and under their private parts.

“After a short period of time he would leave the room and go downstairs where (the adults) where socialising.

“It had been brought up again on occasion when Robert’s face was on the TV or a reminder of it.”

But Hughes’s barrister Greg Walsh said the former boyfriend had said she told about the Hey Day! actor in 1986 but the show didn’t go to air until 1987.

The trial before Judge Peter Zahra continues.

A District Court jury has today heard five now adult women came forward after media reports alleging Hughes indecently assaulted a young girl who was also working on the popular TV program.

Crown prosecutor Gina O’Rourke has said in her opening address to the jury that Hughes told one of the girls “here’s your teddy, go back to sleep” after rubbing himself against her while she was at his Sydney home for a sleepover.

It is alleged another young girl was indecently touched while he was administering ear drops for an infection she had from getting them pierced.

Four of the complainants knew the actor, who was extradited from London to Sydney in December 2012 to face the charges, through their family or young friends.

The first woman who will give evidence in the trial expected to last up to six weeks previously enjoyed the company of the actor, who was a friend of her parents, but she “eventually came to dread his visits”, Ms O’Rourke said.

She will allege that around the time she was 14 Hughes went into her bedroom after a family dinner party, placed his hand under her doona and through her underwear.

The jury heard that at another party he returned to her room but his time she resisted as he “crouched” beside the bed and placed his fingers inside her underwear.

“The accused became quite rough, pushing back against her resistance,” Ms O’Rourke said.

The woman, now aged in her 40s, is expected to tell the jury she told her mother confronted Hughes about the assaults after she confided that she didn’t want to go on a proposed holiday the two families were taking together.

“You will hear [from the complainant’s mother] that the accused appeared not to care and did not respond to or deny the allegations,” Ms O’Rourke said.

She made a formal statement to police in 2010 after she saw a television program interviewing the woman who alleged Hughes exposed himself to her on the set of Hey Dad! by removing his pants.

Two other women are expected to give evidence that Hughes snuck into the bedroom where they were sleeping at his family home.

The jury heard one described being told to “turn around” while he rubbed against her before giving her a teddy bear and saying “here’s your teddy, go back to sleep.”

On another occasion in the same bedroom Hughes allegedly told her “she was a good girl” after she attempted, but failed, to stop his advances.

The court heard two of the girls made statements to police in the 1980s but Hughes denied the allegations.

Ms O’Rourke said the fourth complainant, a former family friend of the actor, will tell the jury she received “16 long stemmed red roses” with a card saying “Happy Birthday love RH” for her 16th birthday after Hughes told her he wanted to have sex with her but she had informed him she was only 15 and below the age of consent.

On an occasion in 1989 when he drove the then 16 year old home, the court heard Hughes asked her “when they were going to do it” and she said she didn’t want to.

“Well that’s your loss, you won’t find out how good I am,” she alleges Hughes told her.

The trial continues before Judge Peter Zahra.

Hey Dad! star Robert Hughes exposed himself to young female co-star on set in the 1980s

The Daily Telegraph
February 24, 2014 2:01PM

Court Hears

  • Five now-adult women set to give evidence against him
  • One claims he rubbed his erect penis against her face
  • Daughter of Hughes’ friends was ‘assaulted after party’
  • He ‘sent roses for 16th birthday to girl he wanted sex with’
  • 64-year-old was extradited to face charges. He denies them all

FORMER Hey Dad! STAR Robert Hughes exposed his penis to a young cast member on set at the same time other young girls complained about being woken in the night by his sexual advances, a jury has heard today.

Hughes, 64, has pleaded not guilty to a string of child sex offences, said to have occurred mainly in the mid-1980s.

A District Court jury has today heard five now adult women came forward after media reports alleging Hughes indecently assaulted a young girl who was also working on the popular TV program.

Crown prosecutor Gina O’Rourke has said in her opening address to the jury that Hughes told one of the girls “here’s your teddy, go back to sleep” after “masturbating” against her while she was at his Sydney home for a sleepover.

It is alleged another young girl had her face rubbed against Hughes’s nether regions while he was administering ear drops for an infection she had from getting them pierced.

Four of the complainants knew the actor, who was extradited from London to Sydney in December 2012 to face the charges, through their family or young friends.

The first woman who will give evidence in the trial expected to last up to six weeks previously enjoyed the company of the actor, who was a friend of her parents, but she “eventually came to dread his visits”, Ms O’Rourke said.

She will allege that around the time she was 14 Hughes went into her bedroom after a family dinner party, placed his hand under her doona and though her underwear before rubbing her vagina.

The jury heard that at another party he returned to her room but his time she resisted as he “crouched” beside the bed and placed his fingers inside her underwear.

“The accused became quite rough, pushing back against her resistance,” Ms O’Rourke said.

The woman, now aged in her 40s, is expected to tell the jury she told her mother confronted Hughes about the assaults after she confided that she didn’t want to go on a proposed holiday the two families were taking together.

“You will hear [from the complainant’s mother] that the accused appeared not to care and did not respond to or deny the allegations,” Ms O’Rourke said.

She made a formal statement to police in 2010 after she saw a television program interviewing the woman who alleged Hughes exposed himself to her on the set of Hey Dad! by removing his pants and “making his penis sway.”

Two other women are expected to give evidence that Hughes snuck into the bedroom where they were sleeping at his family home.

The jury heard one described being told to “turn around” while he put his penis against her and, afterwards, gave her a teddy bear and said “here’s your teddy, go back to sleep.”

On another occasion in the same bedroom Hughes allegedly told her “ she was a good girl” after she attempted, but failed, to stop his advances.

The court heard two of the girls made statements to police in the 1980s but Hughes denied the allegations.

Ms O’Rourke said the fourth complainant, a former family friend of the actor, will tell the jury she received “16 long stemmed red roses” with a card saying “Happy Birthday love RH” for her 16th birthday after Hughes told her he wanted to have sex with her but she had informed him she was only 15 and below the age of consent.

On an occasion in 1989 when he drove the then 16 year old home, the court heard Hughes asked her “when they were going to do it” and she said she didn’t want to.

“Well that’s your loss, you won’t find out how good I am,” she alleges Hughes told her.

The trial continues before Judge Peter Zahra.

 

 

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Crime syndicate smashed by NSW police in $15m drug haul


Another one bites the dust, I love this news, it means less poison drugs containing who knows what is off our streets and not in our kids bodies. The one crap thing is we have very weak sentencing here for drug offenses, this strike force is ongoing with more arrests, get ready for the tap on the shoulder or guns in your faces boys!

One of the three men arrested at Gundagai yesterday

One of the three men arrested at Gundagai yesterday

Police say they have arrested 12 people over a $15-million drug haul seized in southern New South Wales.

Detectives began investigating what they have described as a major drug supply syndicate in 2012, forming Strike Force Oceanic.

They say the group has been producing and selling massive quantities of cannabis and the drug ice throughout the state’s south.

Police say the nine kilograms of ice seized would be worth around $9 million on the street.

Police say the nine kilograms of ice seized would be worth around $9 million on the street.

<

p>Officers pounced yesterday, arresting three men and allegedly seizing nine kilograms of ice, with an estimated street value of $9 million, in a raid at Gundagai.

Luigi Gino Fato, 62, and 40-year-old Hank Peter Pickett appeared briefly on serious drug charges in Wagga Wagga Local Court this morning.

No bail application was made and both men will remain in custody until they appear in Batemans Bay Local Court later this month.

The third man, a 63-year-old from Malua Bay, is yet to appear in court.

Detectives say the men are key players in the syndicate.

Police also raided another 11 properties yesterday in Sydney, Canberra and near Griffith, Cowra and Batemans Bay.

At a rural property at Crowther south of Cowra about 2,750 cannabis plants, with an estimated value of $5.5 million, were allegedly discovered.

Wagga Wagga Local Court heard this morning that Young Police Station is having difficulty storing such a large quantity of the drug.

Officers also seized seven guns, 60 kilograms of gunpowder, 90,000 rounds of ammunition and a number of vehicles, machines and documents during the raids.

A 36-year-old man was arrested at Sans Souci in Sydney’s south and charged with enhanced indoor cultivation that exposes a child over a hydroponic cannabis set-up allegedly found in the home.

He was then released on bail to face Kogarah Local Court next month.

In the nearby suburb of Miranda another man, also 36, was arrested and charged with enhanced indoor cultivation and drug possession.

He is free on bail and is due to face Sutherland Local Court next month.

A 40-year-old man was arrested in the ACT suburb of Palmerston and charged with drug supply offences.

He faced Queanbeyan Local Court yesterday.

A 46-year-old arrested at a Batemans Bay home was charged with drug supply.

He is being held in custody to face Narooma Local Court today.

Five other people had already charged over the syndicate before yesterday’s raids.

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).

Former Katungul health service CEO Damien Matcham fined over embezzlement


Former Katungul CEO cops $1.2m penalty

Feb. 5, 2014,

IN A ground-breaking decision, the Federal Court in Sydney on Wednesday ordered Damien Matcham, the former CEO of the Katungul Aboriginal Corporation Community and Medical Services, to pay over $1.2million in fines and compensation.

Former Katungul CEO Damien Matcham

Former Katungul CEO Damien Matcham

Mr Matcham was also banned from being involved in the management of any Aboriginal and Torres Strait Islander corporation for 15 years.

The proceedings in the Federal Court were brought by the Registrar of Indigenous Corporations, Anthony Beven.

Justice Jacobson ordered Mr Matcham:

• pay compensation of $705,905.07 to Katungul;

• pay a pecuniary penalty of $500,000 to the Commonwealth;

• be disqualified from managing an Aboriginal and Torres Strait Islander corporation for a period of 15 years; and

• pay the Registrar’s legal costs in the matter.

In an earlier judgment, on September 11, 2013, Justice Jacobson found Mr Matcham had not exercised due care and diligence, had not acted in good faith in the best interests of Katungul, and had improperly used his position as the CEO of Katungul.

In handing down his decision on Wednesday, Justice Jacobson said, “The seriousness of Mr Matcham’s behaviour, the abuse of trust which it involved and the absence of any real contrition or appreciation of his wrongdoing, all point toward a lengthy period of disqualification.”

“Katungul’s funds were deliberately misused by Mr Matcham to confer benefits on himself to the detriment of Katungul’s charitable objectives,” Justice Jacobson said.

Mr Matcham was found to have paid unauthorised bonus and time in lieu payments to himself of more than $515,000 from 2008 to 2011.

He also received unauthorised payments for excess superannuation, recreation leave and other non-salary payments.

Mr Matcham incurred personal expenses on Katungul’s credit card and signed a mortgage over a Katungul property to secure a $200,000 bank overdraft for the corporation.

Katungul is a not-for-profit corporation that provides essential primary and secondary health services to Aboriginal people in the Far South Coast.

“This is a significant decision and the scale of the orders is unprecedented in the Aboriginal and Torres Strait Islander corporate sector,” Mr Beven said.

“This should send a very clear message that there are serious consequences for corporation officers that fail to meet the standards expected of them.”

Former Katungul health service CEO Damien Matcham fined over embezzlement

ABC news

5th Feb 2014

The former chief executive of an Aboriginal healthcare service has been ordered to pay $1.2 million for embezzling from the organisation.

Damien Matcham awarded himself unauthorised bonuses while working at the Katungul Aboriginal Community Corporation, which provides health care to Indigenous people in New South Wales.

At one point he claimed pay for working more than 24 hours a day.

The Federal Court ordered Matcham pay $705,905 in compensation to the organisation, pay the Commonwealth $500,000, and also pay legal costs.

Matcham has also been disqualified from managing Aboriginal and Torres Strait Islander corporations for 15 years.

“It is plain that Mr Matcham abused his position of trust by obtaining payments of large amounts to which he was not entitled and which were obtained for his personal use,” the written judgment said.

“His breaches of trust were committed over a period of four years in circumstances which demonstrate that he should have been aware that he was not entitled to the payments.”

The Registrar of Indigenous Corporations, Anthony Bevan, says it is the worst case of individual embezzlement from an Aboriginal corporation he has seen.

“Katungul was in a situation where it had $2,400 to its name and it had gone from multi-million-dollar organisation to having $2,400 to its name, and it was on the verge of insolvency,” he said.

“In our submissions to the court that was largely due to the actions of Mr Matcham.”

Katungul future resolved

By Vesna Andric

Sept. 18, 2013

FORMER chief executive officer of the Katungul Aboriginal Health Service, Damien Matcham, has admitted misappropriating more than $700,000 from the service between June 2007 and February 2012.

On Wednesday, September 11 at the Sydney Federal Court Justice Jacobson made 25 declarations of contraventions against Mr Matcham, which included unauthorised payments for bonuses, time in lieu, superannuation, recreation leave and life insurance, in excess of $700,000.

Justice Jacobson declared that Mr Matcham had not acted in good faith and in the best interests of the corporation and had improperly used his position as CEO to gain a personal advantage and cause detriment to Katungul.

Mr Matcham admitted his guilt last week after initially defending his position.

The penalties for Mr Matcham’s actions will be considered during court proceedings in November.

The Registrar of Indigenous Corporations, Mr Anthony Beven, is seeking orders to see Mr Matcham fined and forced to pay compensation to Katungul, as well as being banned from managing companies and Aboriginal or Torres Strait Islander corporations.

“He agreed to a statement of facts in which he admitted that his conduct breached the CATSI Act,” Mr Beven said.

“He should repay all of the money back to Katungul with interest. Even if he repays one dollar, that’s one dollar that will go back to those who need it for medical treatment,” Mr Beven said.

Maximum fines for each contravention are $200,000, with 25 declarations made Mr Matcham stands to face a considerable fine.

Whether the funds will be recouped is yet to be seen.

“He’s defended the proceedings all the way up until last week, so it has been a very expensive process for him and for us,” Mr Beven said.

Mr Matcham did not respond to requests for comment from the Narooma News.

Mr Beven said the court action sent a clear message. “There are serious consequences if CEOs misuse their position,” he said.

Staff that discovered the financial losses, including former and current directors of Katungul, were praised and thanked for their work in restoring Katungul’s integrity.

“When they became aware that money that was to be used to improve the health of their community was being diverted to one person they notified my office. They also provided invaluable support during the Federal Court proceedings,” Mr Beven said.

“This is a good outcome and it is pleasing to see that truth and justice have prevailed for Katungul and its members and clients,” he said.

Katungul is a multimillion dollar not-for-profit corporation that provides essential primary and secondary health services to Aboriginal and Torres Strait Islander people living on the far south coast of NSW from Batemans Bay to the Victorian border.

Since the losses were exposed Katungul has restored its services and is now in a strong financial position. It has expanded its range and types of health services.

Now operating with new CEO Jon Rogers, who was appointed in August 2012, Katungul is restoring trust and rebuilding itself as a holistic service providing numerous support services.

“It’s about trust and the real story here is about the healing that’s happening,” Mr Rogers said.

Among some of the changes is a significant increase in services.

“We have doubled the number of GP clinics,” Mr Rogers said.

Time line of events

September 2011 – Katungul CEO Damien Matcham takes leave.

September 2011 – Government agencies instigate audit after receiving complaints from employees, elders and board members.

October 2011 – The Registrar of Indigenous Corporations, Mr Anthony Beven starts examination of the corporation.

December 2011 – Katungul placed under special administration following discovery of misappropriation of funds.

January 2012 – Mr Beven starts Federal Court proceedings against Mr Matcham obtaining orders freezing bank accounts and property.

February 2012 – Mr Matcham’s contract as CEO of Katungul is terminated.

August 2012 – New CEO Jon Rogers appointed

October 2012 – Community control is returned to Katungul.

September 2013 – Mr Matcham faces Sydney Federal Court and admits misappropriation of funds totalling $700,000

Katungul CEO faces civil proceedings

The Registrar of Indigenous Corporations, Mr Anthony Beven, today announced that he has commenced further proceedings in the Federal Court in Sydney against Mr Damien Matcham, the former CEO of Katungul Aboriginal Corporation Community and Medical Services (Katungul). The proceedings relate to alleged contraventions of civil penalty provisions in the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

Katungul is based in Narooma, NSW and operates medical centres in Narooma and Bega for Aboriginal and Torres Strait Islander people on the far south coast.

The proceedings against Mr Matcham follow an investigation by the Registrar into several ‘bonus’ and other payments made to Mr Matcham totalling more than $500 000. Mr Matcham also signed a mortgage on behalf of the corporation to secure a $200 000 bank overdraft.

The Registrar has asked the Federal Court for a number of orders against Mr Matcham.

The Registrar is seeking declarations from the court that Mr Matcham had contravened his duties as an officer of Katungul. The Registrar is also seeking a pecuniary penalty of up to $200 000, compensation orders and an order disqualifying Mr Matcham from managing Aboriginal and Torres Strait Islander corporations.

‘Katungul is a not-for-profit community-controlled health service. The moneys that Mr Matcham received should have been used to provide health services to the Aboriginal people on the far south coast,’ Mr Beven said. ‘The priority for officers of corporations must always be the interests of their members and clients. I will take action, such as the current proceedings, where this does not occur.’

The proceedings have been listed for directions on Friday, 3 August 2012. Freezing orders against the property of Mr Matcham have been extended to that date.

Background

The corporation was placed under special administration on 12 December 2011 after an examination revealed poor corporate governance and weak financial management.

For more information please see the Registrar’s media releases of 25 January 2012 (ORIC MR1112-19), 3 February 2012 (ORIC MR1112-21) and 8 June 2012 (ORICMR1112-39).

Media contact
Christa de Jager
(02) 6146 4737
29 June 2012
Ref: ORIC MR1112-44

Katungal may be forced to close

By JOSH GIDNEY

April 6, 2011, 4:15 a.m.

FACING CLOSURE: Drug and alcohol worker Graham White, mental health nurse Jim Pearson, medical receptionist Jeanie Parsons, senior Aboriginal health worker Aunty Norma Parsons and registered nurse Nicole Peiti fear the days of the Katungal clinic at Moruya are numbered.

Katungal Aboriginal Corporation and Community and Medical Services will hold a community meeting at Moruya Showground tomorrow in a desperate bid to prevent its closure.

Katungal CEO Damien Matcham is blaming a broken promise made by the Department of Health and Ageing Office of Aboriginal and Torres Strait Islander Health for the economic woes which may see them close the Moruya clinic and transfer staff to their Narooma clinic.

“Katungal was promised recurrent funding for staffing and operational costs for the Moruya clinic, but it is now 2011 and it hasn’t been provided,” he said.

“We only ever ended up receiving one-off funding for lease costs for 12 months and four computers. Someone is getting rich with the money provided by the department, but it is not us.

“All the talk about closing the gap is just spin and talk,” he said of the Federal Government’s program aimed at reducing the gap between the life expectancies of indigenous and non-indigenous Australians.

There are Katungal Clinics in Moruya, Narooma and Bega, and Mr Matcham says he has had to take funding from the Narooma clinic to keep the Moruya clinic going.

He is now turning to the community for help.

“We are asking the community for their support to keep the Moruya clinic open,” Mr Matcham said.

“If we don’t get support and the required funding, we will have no choice but to close the clinic.”

The community meeting and barbecue will be held at Moruya Showground from 12.30pm to 2.30pm tomorrow.

 

Simon Gittany sentence hearing over murder of Lisa Harnum Day 1,2


This is live and ongoing reporting from the court folks, I will be out this afternoon, so feel free to add new news in comments for now and I will update tonight…I hope he gets LIFE
Day 2 is under way, and the NEW girlfriend made a much quieter grand entrance today!

He was found guilty last year of murdering his fiancee, Lisa Cecilia Harnum on July 30, 2011.

Gittany, 40, who pleaded not guilty, was found to have thrown the 30-year-old off their 15th-floor balcony in Sydney in a fit of “apoplectic” rage after she made plans to leave him and return to her native Canada.

In a shock move, the Crown introduced a new witness to give evidence against Gittany at the sentence hearing, regarding the abusive relationship between Ms Harnum and Gittany.

The Crown will use the new evidence to argue Gittany had “frequently threatened Lisa Harnum with death if she ever left him”.

Lisa Harnum who died after falling from the 15th floor of an apartment in Sydney, Australia. Picture: International Austral

Lisa Harnum who died after falling from the 15th floor of an apartment in Sydney, Australia. Picture: International Austral Source: Supplied

The witness, who has not been named and met Ms Harnum at beauty college, only came forward after the prosecution closed its case last year.

“I thought there was an ample amount of people who knew what happened, so I thought there was enough evidence without me,” the new witness said.

She said her own relationship was abusive and Ms Harnum had asked her how and why she had left.

Ms Harnum told her friend that if she left Gittany “he’d kill me” and he had said he would find her if she fled.

As the witness spoke of the almost daily death threats against Ms Harnum in court, she broke down.

She said Ms Harnum feared he would poison her food, and that if Gittany killed her “he would make it look like suicide”.

To help her friend out of the situation, she offered her money as she expressed fears he was also tracking her finances.

As the new evidence was revealed at the hearing, Gittany turned to his lawyer and mouthed “seriously” and shook his head. He then gestured they needed to speak.

Gittany’s barrister, Philip Strickland SC, dismissed the new claims as “fabricated” and “made up”.

Simon Gittany and Lisa Harnum. Picture: Channel 7

Simon Gittany and Lisa Harnum. Picture: Channel 7 Source: Supplied

Ms Harnum’s mother, Joan, used her victim statement to call for the end to domestic violence and express the unimaginable grief a family feels at losing their loved one.

Lisa Harnum sleeping. Picture:

Lisa Harnum sleeping. Picture: “Respectance” Source: No Source

The statement was read out by her daughter’s counsellor, Michelle Richmond, who played an integral part in trying to help Ms Harnum escape Gittany’s abuse.

The Harnums remained in Toronto, Canada for family reasons.

The statement read: “When a parent dies, you lose your past. When a child dies, you lose your future.

“A child who loses a parent is an orphan. But there’s no word for a parent who loses a child.”

She outlined the control of Gittany over her daughter’s life and the violent end Ms Harnum ultimately faced.

“No one has the right to control a person’s life so intensely.

“She was taken too early and in such a violent way. It’s a wound that will never heal.”

Joan Harnum leaves court after Simon Gittany's was found guilty of murdering girlfriend Lisa Harnum.

Joan Harnum leaves court after Simon Gittany’s was found guilty of murdering girlfriend Lisa Harnum. Source: News Limited

Gittany looked to his feet and played with the buttons on his shirt as the powerful statement continued.

“All Gittany had to do that day was step aside and let her come home to her family.”

“It was a senseless and thoughtless act of violence,” the statement said.

“Lisa Cecilia’s death has caused a cry around the world to stop violence against women and children.

Simon Gittany and Lisa Harnum. Picture: Channel 7

Simon Gittany and Lisa Harnum. Picture: Channel 7 Source: Supplied

“Stop the unimaginable pain and profound loss caused by domestic violence. Let my daughter’s cries be heard.”

Sunday Promo: Inside Simon Gittany’s secret life 1:00

http://content5.video.news.com.au/NDM_-_news.com.au/11/465/2434913652_promo215816506.jpeg

In a Sunday Night exclusive, we take you inside Simon Gittany’s secret life and hear his new lover’s explosive claims.

THE WOMAN WHO LOVES A MURDERER

In a bizarre act, Gittany’s current girlfriend, Rachelle Louise, and supporters earlier arrived outside court holding signs advocating his innocence.

Rachelle Louise protests her partner's ...

Rachelle Louise protests her partner’s innocence. Source: News Limited

Without uttering a word, Ms Louise pointed to signs carrying the name of notorious acquitted murderers, including Gordon Wood and Lindy Chamberlain.

Another sign read: “How do you render Some 1 unconscious in less than 65 sec without any sign of trauma to the body”.

Rachelle Louise & supporters arrives at Darlinghurst court to hear sentencing submission against partner Sim...

Rachelle Louise and supporters arrive at court to hear sentencing submission against her partner Simon Gittany who was found guilty of murdering Lisa Harnam. Source: News Limited

THE GITTANY TRIAL

Gittany’s trial heard he was controlling of Ms Harnum, installing CCTV in his apartment and using a computer program to monitor her text messages, emails and internet usage.

CCTV captures Lisa Harnum’s final moments 0:52

CCTV footage shows Lisa Harnum and Simon Gittany together minutes before her death.

But while Gittany admitted some of his behaviour towards Ms Harnum was controlling, he has always denied that he flew into a rage on the morning of her death.

Supplied CCTV footage showing murder suspect Paul Gittany on the night he is accused of killing his girlfriend.

Supplied CCTV footage showing murder suspect Simon Gittany on the night he is accused of killing his girlfriend. Source: Supplied

He told the court that after an argument that morning – in which he was captured on camera dragging a screaming Ms Harnum back into their apartment – he went to make her a cup of tea while she sat on the lounge.

Supplied CCTV footage showing murder suspect Paul Gittany on the night he is accused of killing his girlfriend.

Supplied CCTV footage showing murder suspect Simon Gittany on the night he is accused of killing his girlfriend. Source: Supplied

Gittany said Ms Harnum then ran to the balcony and “disappeared” over the railing as he desperately tried to reach her.

But in a damning judgment handed down over nearly five hours in November last year, Justice Lucy McCallum found Gittany lied with “telling ease” and distorted the truth to denigrate the woman he murdered.

 

NSW man charged with child sex offences including bestiality-Gets BAIL!!!!


A man is arrested by Coffs Harbour police and charged with 21 sexual offences.

How does someone like this get bail people, honestly, how about interfering with witnesses, destroying evidence, intimidating potential witnesses? All we can hope for is that he in fact DOES DO those things whilst under extensive surveillance and further dig his hole. Which will hopefully be filled by something that has a bit more to say about it than a cow or innocent kid…

By Sean Rubinsztein-Dunlop

A New South Wales man has been charged with child sex offences, including acts involving bestiality, at Coffs Harbour on the state’s mid north coast. Be careful up there, the fact he got bail sickens me…Sure protect his name, how about everyone else? He has form, the cops want others to come forward. Take note the “Parade Photo” I posted above is NSW  Police supplied….Mongrel dog

Police allege the 53-year-old committed a number of offences against a boy while working at a dairy near Coffs Harbour between 2003 and 2005.

In court, detectives will allege that the man befriended a teenage boy then aged 13 who also worked at the dairy, and, over the course of two years, indecently and sexually assaulted him on a number of occasions.

It is alleged the man also committed sexual acts on cows and encouraged the boy to take part.

The man from Toormina, south of Coffs Harbour, was arrested today and charged with sexual assault, aggravated indecent assault, committing an act of indecency towards a person under 16 years of age in circumstances of aggravation, inciting an act of indecency, and bestiality.

Detective Sergeant Matt Zimmer says the man has been granted bail to face court next month charged with more than 20 sex offences. How does someone like this get bail people, honestly, how about interfering with witnesses, destroying evidence, intimidating potential witnesses? All we can hope for is that he in fact DOES DO those things whilst under extensive surveillance and further dig his hole. Which will hopefully be filled by something that has a bit more to say about it than a cow or innocent kid…

“It will be alleged that these offences occurred between a period between 2003 and 2005 and at that time the accused was in a position of authority over the child during the course of their employment,” he said.

“A search warrant was also conducted at the man’s residence in Toormina. Police seized a computer and a number of computer related items which will be subjected to a forensic investigation and further investigations.”

The man has been granted bail until he faces court on February 10.

The Acting Commander of the Child Abuse Squad, Detective Acting Superintendent Peter Yeomans, encouraged anyone who has ever been a victim of sexual or indecent assaults to make a report to police, no matter how long ago the incident occurred.

“If you have ever been abused, no matter what the circumstance and no matter how long ago it occurred, please contact police,” he said.

“If an adult entrusted with your care took advantage of you, they deserve to be arrested, charged and put before the courts.”

Brothers for Life gang come crashing down


Death of the Brothers 4 Life gang: it destroyed itself in an explosion of ego and violence

YONI BASHAN

The Daily Telegraph

January 10, 2014

THE downfall of the Brothers 4 Life gang began at Bankstown Hospital in February last year.

Lying on a bed was a 24-year-old B4L gang member with a bullet in his right knee and another in his left thigh.

The lifestyle of drug running and gang association had clearly caught up with him – he’d had enough.

Faced with the option of keeping quiet or turning around his life, he made a decision to turn informant.

QAUMI; THE RISE AND FALL OF A BRUTAL GANGSTER

MAN SHOT AS LUXURY CRUISER SPRAYED WITH BULLETS

HARBOUR CRUISE ENDED IN A BLAZE OF BULLETS

B4L MEMBER CHARGED WITH GUN POSSESSION

BROTHERS 4 LIFE GANG ‘SMASHED’ POLICE SAY

Tactical response police arrest Farhad Qaumi on the Central Coast yesterday.

Tactical response police arrest Farhad Qaumi on the Central Coast yesterday.

Until then, police had no one inside the gang – finally they had made the all-important breakthrough.

Today he is a key Crown witness, known by the pseudonym of Victim A. Before Victim A, police intelligence on B4L was minimal.

As if taunting police, some B4L members registered cars with the numberplate “MEOC” and had the same word – an acronym for the Middle Eastern Organised Crime Squad – tattooed on their necks.

But, like pulling on a thread, everything began to unravel after Victim A.

Within months, senior figures were being locked up and charges were being laid over unsolved shootings.

Gangland Boss arrested 0:30

Farhad Qaumi is led away after a dramatic police operation that led to his arrest yesterday.

Farhad Qaumi is led away after a dramatic police operation that led to his arrest yesterday.

Brothers 4 Life leader Farhad Qaumi was handed from tactical response officers to detectives.

Brothers 4 Life leader Farhad Qaumi was handed from tactical response officers to detectives.

Everything appeared to simmer down until last July when gangland figure Farhad Qaumi, arrested on Wednesday, stepped on to the scene – allegedly assuming control of the Blacktown region and setting up a chapter stacked with Afghan members.

Tension soon followed, mainly over drug turf, prompting a series of tit-for-tat shootings, attempted assassinations and at least one murder. The conflict reached its peak on October 31 with the murder of Mahmoud Hamzy at Revesby Heights. Hamzy was gunned down by at least two gunmen outside Mohammed Hamzy’s home.

Bassam Hamzy was jailed for 21 years for murder.

Bassam Hamzy was jailed for 21 years for murder.

Eight days later, NSW Police began making its first major arrests of gang members, taking out its Bankstown chapter from the top down. Its leader Mohammed Hamzy was first to be locked up, charged by the Homicide Squad with the murder of fellow B4L member Yehye Amood at Greenacre in 2012.

Another senior Bankstown chapter member, Omar Ajaj, was also arrested and charged over a separate shooting of fellow gang member Alex Ali, which occurred only a few days prior to the Amood murder.

Although police predicted a partial end to the gang after the initial arrests, gangland violence continued.

One case still being investigated is the murder of businessman Joe Antoun, 50, at his Strathfield home on December 16. Antoun’s business partner, Vasko Boskovski, 35, died in similar circumstances on July 30.

Another case under investigation is the attempted assassination of Qaumi himself as he sat aboard a luxury yacht on New Year’s Day.

BALLISTIC TESTS TIE GUNS TO CRIMES

BALLISTIC tests on firearms seized by police during investigations into the arrest of three Brothers for Life members have linked the guns to a number of crimes, police said yesterday.

Three handguns and two shotguns were allegedly found during investigations which led to the arrests of BFL leader Farhad Qaumi, 31, his brother Mumtaz, 29, and Masieh Amiri, 27, on Wednesday in Sydney and on the Central Coast.

“Testing has been carried out and linked the weapons to shootings,” Detective Superintendent Debbie Wallace, head of the Middle Eastern Crime Squad, said.

Strike force Sitella is investigating the group for links to seven shootings and a serious assault in the last half of 2013. The NSW Homicide Squad is also investigating the street gang’s involvement in three recent Sydney murders but no additional charges have been laid against any of the accused.

The elder Qaumi has been the target of police investigation since the setting up of the strike force.

He was shot by a gunman while on the luxury yacht Oscar II at Rose Bay Wharf on New Year’s Day, where up to 20 bullets were fired at the vessel.

He was placed under 24-hour surveillance soon after the shooting, leading to his and the others arrests on Wednesday.

Brothers 4 Life leader Farhad Qaumi

Brothers 4 Life leader Farhad Qaumi

Farhad Qaumi, his brother Mumtaz, and Masieh Amiri, were refused bail yesterday on a variety of charges, including gun possession and drug distribution.

Bondi shooting victim in Brothers 4 Life 2:18

Farhad Qaumi: the rise and bloody fall of a brutal gangster

Yoni Bashan

The Daily Telegraph

January 09, 2014

ON the streets he is known as “The Afghan”. At the age of 31 Farhad Qaumi has carved out a reputation as a player in Sydney’s gangland.

But yesterday he was under arrest after a dramatic swoop by police involving heavily armed officers outside a Central Coast hotel.

Officers are hailing the arrest­ as one of the most significant coups in the fight against Brothers 4 Life.

His induction to the B4L gang early last year prompted a wave of internal fighting, public shootings and the murder­ of at least one man, Mahmoud Hamzy, in October.

Only last week Qaumi, a high-value target for the NSW Police Middle Eastern Organised Crime Squad, was at the centre of headlines after he was the victim of a shooting while on a luxury yacht on New Year’s Day.

BROTHERS 4 LIFE GANG ‘SMASHED’ SAY POLICE

BROTHERS FOR LIFE DROWNING IN A SEA OF BLOOD

THE B4L CRIME GANG: THEIR UNDOING EXPOSED

BROTHERS 4 LIFE GANG: A TIMELINE

BONDI SHOOTING VICTIM IN B4L GANG

One account of the night, confirmed by multiple sources, is that he was sitting with his back to a window on the boat when the gunshots rang out. But at that moment he knelt down to pick something up from the floor, causing a bullet to miss the bulk of his body and hit his shoulder.

We  can also reveal the celebrations were in honour of a young and high-profile criminal identity who is expected to be sent to jail in the coming weeks over a drug bust.

Another man on the boat, Fawad Bari, 23, was arrested two days later during a vehicle­ stop on the M4. Police allegedly discovered a .38 revolver­. Bari is accused of being aligned to Qaumi’s B4L faction. He denies this.

After months of investigations into Qaumi, police said they have now taken out the head of the Afghan-dominated Blacktown chapter and seven other of its members.

This includes Qaumi‘s two brothers, Jamil and Mumtaz, who are both behind bars. Jamil was charged on November 7 over a shooting involving rival gang members outside Bankstown‘s Chokolatta cafe while Mumtaz was arrested yesterday at a home in Wyong.

Mumtaz was also among those on board the luxury yacht on the night of the shooting

Qaumi’s induction to the gang occurred earlier this year and, according to police, came directly from its founder – Supermax prison inmate Bassam Hamzy.

The move would prove fatal for the gang. His appointment­ prompted immediate factional infighting between the group’s Bankstown and Blacktown chapters. The result has been almost a dozen shootings across Sydney, including the Hamzy murder.

Hamzy was gunned down outside the home of his cousin and Sydney gang leader Mohammed Hamzy, 28, at Revesby Heights.

Mohammed Hamzy has since been charged with the murder of B4L gang member Yehye Amood who was killed by gunfire while in a car at Greenacre in 2012.

The source of conflict between the Bankstown and Blacktown factions allegedly stems from a falling out over drug territory in the Blacktown area.

ANTHONY PERISH aka Badness


 ANTHONY JOHN MICHAEL PERISH lived according to his own rules. He was both charismatic and utterly ruthless. He had bikies terrified, women entranced, family beholden.

Yet, while crims, crooks and ex-cons spoke Perish’s name with fear, no-one in the legitimate world knew he even existed. He was so clever that despite his five star lifestyle and criminal reputation, he slipped completely under the radar. He left no trace. He had no identity. He was invisible. A ghost.

Anthony Perish only made one mistake in his criminal career – and it was just his bad luck a remarkable cop called GARY JUBELIN was watching…

 

How a murderous empire was brought down

For 20 years Sydney had its own Underbelly. We just didn’t realise it, until now. For the first time Michael Duffy reveals the full story of the Perish crime bosses, their violent associates and the biggest murder inquiry in NSW history.

ANTHONY and Andrew Perish terrify people, literally. In the September trial that convicted them of the murder of drug manufacturer and police informant Terry Falconer, the media could not name eight of the people on the witness list, some of them hardened criminals themselves. This was not enough for the main Crown witness, who when he got into the box refused to give any useful evidence.

Despite this, and despite the outcome of the trial, we will never be able to reveal his name. The continuing influence of the Perish brothers is considered just too great.

The jury in the murder trial was not told that Anthony, 42, and Andrew, 40, had sought to intimidate another of the protected witnesses at the committal hearing last year. The brothers were finally convicted of that last week, so their story can now be told for the first time.

Death of a witness

Another incident the jury was not told about was the 2001 disappearance of barman Ian Draper, who had been unfortunate enough to be a witness when Andrew Perish killed a man in a hotel. In fact, the jury had no idea the Perishes were two of the state’s most violent and effective criminals, who had avoided prison almost completely in criminal careers lasting two decades.

Set up in 2001 after pieces of 52-year-old Terry Falconer were found in the Hastings River on the NSW north coast, Strike Force Tuno (which would evolve into Tuno 2) became the biggest murder investigation in the state’s history.

While pursuing Anthony and Andrew, and their associates, the police discovered connections with more than a dozen other killings.

Usually every murder in NSW has its own strike force. But because of all the links between these killings, Tuno pursued all of them.

The network

In many countries, most major crime is conducted by tightly organised groups, such as the Mafia or drug cartels. Australia has always been different, with serious criminal activity often done by fluctuating alliances around a small number of strong individuals.

Even the exceptions to this – such as the Moran crime family and bikie clubs – are less rigid and permanent than many foreign crime groups. This looser form of organisation makes it difficult for outsiders to understand a great deal of criminal activity. By pursuing the Perishes and those they dealt with so remorselessly over the past decade, Strike Force Tuno built up an unprecedented picture of a modern Sydney criminal network.

It says much about the advantage to criminals of this fluid organisation that the Perishes and their associates, despite their organisation, success and ruthlessness, are almost unknown to the public. Unlike their Melbourne counterparts, they just got on with their jobs as underworld bosses and spurned the spotlight for 20 years.

The brothers

Anthony and Andrew Perish and their four siblings grew up in semi-rural Leppington in south-western Sydney, the grandchildren of Croatian immigrants.

Their father, Albert, ran the family’s egg business.

In 1993, their elderly grandparents were shot dead in their home, a crime that remains unsolved. By then Anthony was on the run after a warrant was issued for his arrest the year before for supplying amphetamines, which he’d been cooking in a shed on the family property. He was 23 at the time and spent the next 14 years hiding out at various places, including Turramurra, Queensland, a property at Girvan (between Bulahdelah and Scone in the Hunter Valley) and South Australia, where he had connections with the Gypsy Jokers and the major amphetamine manufacturer and disgraced solicitor Justin Birk Hill.

Andrew joined the Rebels Outlaw Motorcycle Club and in 1994 was convicted of conspiracy to manufacture amphetamines. In those less punitive times, he received a fine of $2500.

The next year, Kai Dempsey was killed in a brawl at the Railway Hotel in Liverpool and Andrew was charged with murder. At the committal, the Crown claimed witnesses had been harassed and encouraged not to give evidence.

At the trial in 1998, Andrew was found not guilty and witness Draper subsequently disappeared. His car was found outside the Rebels’ clubhouse in Leppington.

Black ops

An important figure in the Perish network was Sean Waygood, 41. Waygood was in the army reserve and worked as a security guard at hotels and nightspots. Interviewed by The Sydney Morning Herald in 1996, he said the job required him to be ”emotionally detached and have a lot of self-discipline”. Sadly though, he reflected, ”Australians have still got a hang-up about authority. You come face to face with that every Saturday night.”

A young man named Keith Payne befriended Waygood in 1998 when both were on the door at the Bourbon and Beefsteak in Kings Cross. Waygood started his own security company but it soon went broke and he told Payne he was unhappy the skills he’d learnt in the army were going to waste, and he was considering branching out into ”black ops”. Before long, the pair was committing armed robberies, often of premises Waygood had once been paid to protect.

The gang expanded to include Michael Christiansen and Jeremy Postlewaight, and soon Waygood was also working for Anthony Perish, assisting him with his large-scale drug manufacturing and distribution business.

This involved a range of activities, including intimidation, murder, and money collection.

In 2001, Anthony had Waygood wound a man named Gary Mack, who he said owed Andrew money. The attack occurred outside the Peakhurst Inn. Waygood was supposed to shoot Mack in the buttocks, but the shot went high and hit him in the back.

Death of an informant

In 2001, Andrew Perish established an apparently thriving business, South Western Produce, in Camden, with a turnover of several million dollars a year. In the same year, he helped set up the murder of Falconer, which was carried out by Anthony and his driver Matthew Lawton, now 45. One motive seems to have been Andrew’s belief (having been told this by Falconer’s wife, Liz) that Falconer was informing to the police about the drug-dealing activities of the Rebels.

Falconer was in prison but on work-day release. Anthony hired three men to abduct him, for a fee of $15,000. On November 16, 2001, a lookout phoned Anthony to say Falconer was at work. The three kidnappers, posing as police officers, abducted Falconer and locked him in a metal toolbox, which was delivered to Anthony at Turramurra.

There, according to evidence later given in court, the box was opened and Falconer was still alive. The box was shut and taken to Girvan, by which time Falconer was dead. Anthony, Lawton and another man put on protective suits and laid a big sheet of plastic on the ground. After Falconer’s teeth were removed, his body was hoisted up inside a shed with a block and tackle, and cut up. The pieces were wrapped in black plastic, weighed down with stones and thrown into the Hastings River, where they were found a month later near Wauchope.

According to Strike Force Tuno’s chief, Detective Inspector Gary Jubelin, ”It was like a who’s who of NSW’s hardest criminals as to who had a motive and means to murder Falconer. We had a list of about 70 people of interest early in the investigation.” But no one was saying much. ”The brutality of the crime sent out a message to other criminal informants about the consequences of assisting the authorities.”

The incompetent hitman

The violence continued. In 2002 Waygood, helped by Christiansen, now 42, tried to kill a leading member of the Bandidos Outlaw Motorcycle Club in a pub in Haymarket. This was because the bikies had been contracted to kill Waygood after a problem at a nightclub where he’d worked. They’d tracked him to Anthony Perish’s Turramurra house, where he was hiding. Waygood claimed Anthony told him that because he had ”caused the safe house to be compromised, [I] had to kill Felix Lyle and Dallas Fitzgerald of the Bandidos”. Christiansen was on the door of the bar and pointed out the target to Waygood, who fired eight shots. But it was the wrong man.

Fortunately the victim, who was hit by three bullets, survived.

After the botched job, Waygood walked to a stolen van and removed the outer clothes he’d worn, threw them in the vehicle and set fire to it.

Police obtained DNA material from some unburnt clothing. Queensland police have matched this to DNA they found on clothing from a burning vehicle not far from where Gold Coast businessman Michael Davies was shot dead that same year. No one has yet been charged with that more successful assassination effort.

In the same year, Anthony Perish paid Waygood $25,000 to do an armed break-in at BOC Gases at Wetherill Park to steal valuable chemicals for use in drug production. Waygood hired Payne, Christiansen, Postlewaight and Jay Sauer for the job. Waygood continued to work for Anthony over the next few years. In 2006, police finally arrested Anthony in a house at Hoxton Park surrounded by a three-metre wall and an electric fence, with a bedroom lined with steel plates. Somewhat ironically after all his time on the run, the 1992 charge was then withdrawn at court.

In 2007, Andrew was convicted of stalking for the purpose of intimidation and in 2008 of manufacturing a commercial quantity of amphetamines and possessing an unauthorised pistol. He was sentenced to four years in jail. Police had found his meth lab in a shipping container inside a big shed on a rural property.

The secret lab

Strike Force Tuno had begun to suspect the Perishes of Falconer’s murder in mid-2002. An informant told them he’d been hired to dispose of Falconer’s body at sea, although the disposal had not gone ahead.

This was helpful, but much more evidence was needed to build a strong case.

Tuno detectives kept an eye on Anthony Perish over the years and learnt of the important relationship with Waygood. Eventually they broke the code the men used on the phone and were able to keep them under almost constant surveillance.

In 2008, police discovered Waygood owned a property in remote bushland near Mudgee.

Anthony Perish and a convicted drug manufacturer poured a slab there for what was obviously going to be a big building.

Police surveillance discovered that a large hidden basement had been built beneath the slab, presumably to be used as a clandestine drug laboratory. Also that year, Waygood damaged a golf buggy parked in the driveway of a man who owed Anthony money. ”Mr Waygood,” noted the judge who sentenced him, ”said Mr Perish’s instructions were to torch the house if the man was not there but because there were people at home, he did not burn the house, just the golf buggy”.

In October 2008, police followed Waygood when he drove to the Gold Coast and made the rounds of nightclubs and hotels thought to be linked to Anthony Perish. Police managed to stay on his tail but it was difficult. ”The level of counter-surveillance techniques used by Waygood was extreme – over 48 hours it stretched us to the limit,” Detective Jubelin says.

Waygood met Perish in Brisbane and handed him a package.

Gradually, police were building up a picture of a large operation based on drug manufacturing and the laundering of profits through legitimate businesses, protected by violence where necessary.

An unsatisfied customer

Waygood’s long-time girlfriend knew nothing of his work as a major criminal and believed he was working as a private investigator. They married in late 2008 – Anthony Perish was a guest.

In December he agreed to provide armed protection for a drug dealer named Tuan Tran in a meeting with an unhappy customer. Paul Elliott, a violent Melbourne underworld figure, had been sold a large quantity of low-grade methamphetamine and was in Sydney to get his money back.

But Waygood had to drop out and the job was done by Christiansen, who is now in jail for killing Elliott and dumping him at sea in a metal toolbox. In the latter task he was assisted by Marcelo Urriola and Postlewaight. It was not until January 2009 that police had enough information to arrest Anthony Perish and Waygood. ”We couldn’t afford for them to get bail,” Detective Jubelin says. ”If they had, there would have been ramifications for the witnesses.” Police in body armour moved in on the two men at the Lavender Blue Cafe at McMahon’s Point.

Booby traps

After the arrests, police visited the property at Girvan where Anthony Perish had hidden, drugs had been made and Terry Falconer had been dismembered. The perimeter was protected by machine guns and buried explosives. The approaches were covered by cameras linked to a control centre inside the house.

Anthony and Andrew Perish and Lawton were convicted in September this year of Falconer’s murder. They are still to be sentenced. Last week the Perishes were convicted in the District Court of holding up signs reading ”Dog” and ”Fink” when one of the main Crown witnesses came into court at their committal hearing.

Tuno has been one of the most successful investigations in Australia’s history. Fourteen people have now been charged with more than 100 offences, with convictions achieved for every charge. The effort by the police involved, including sacrifices for themselves and their families, has been considerable.

And it continues: six other murders and two suspicious deaths are still being investigated.

Detective Inspector Jubelin says: ”We’re still obtaining evidence but we believe we know who carried out those murders and why. Those involved should be very concerned about being brought to justice.”

It has been suggested that serious criminal activity in Australia ought to be called disorganised crime because of its use of networks rather than hierarchies. Whatever you call it, as Strike Force Tuno has shown, it usually revolves around a small number of particularly violent and influential criminals. The conviction of the Perish brothers has destroyed one network that, in Detective Jubelin’s words, ”had total disregard for society’s rules and human life”.

 A successful criminal pursuit

BADNESS who’s who

FIRST, let’s deal with that easy-to-mock title. Yes, it’s uninspiring. And it was duly savaged online when the promos began airing last month. But here’s the thing: Badness is anything but.

Although there have been some patchy outings (mostly involving Matthew Newton), Underbelly is a durable brand of Australian scripted drama.

Last year’s instalment, Underbelly: Razor, an at-times cartoonish period piece examining Sydney’s razor gangs, was treated shabbily by critics. I would argue unfairly so. Its ambitions were a little modest, and bad accents aside it remained entertaining through its 13-episode run.

As Bikie Wars proved earlier this year, even if you have a cracking true-crime story at your disposal, the Underbelly template is not simply replicated.

Badness, then, returns the franchise to where it works best: a contemporary setting. It depicts events between 2001 and 2012.

Being a true-crime story, in essence there are no real spoilers, so the opening scene confirms that the chief source of Badness, Anthony ”Rooster” Perish, will, by series end, be caught by his nemesis, Detective Sergeant Gary Jubelin.

It also establishes the two protagonists as the series’ anchors. We learn early on that Perish – who at one time was one of Australia’s most wanted criminals – is a nasty piece of work.

The Perish role is taken by Jonathan LaPaglia, who before his career-defining turn as Hector in The Slap was perhaps best described as Anthony LaPaglia’s lesser-known younger brother.

LaPaglia plays it with searing intent. Perish is defined by the brutal murder of his beloved grandparents, and his anger at that crime and his need to exact revenge form a ruthless and impervious resolve.

LaPaglia, sporting an extraordinary mullet, sells the role well. This is one unpleasant individual.

Perish had previously led a life of crime mostly under the radar of authorities. In episode one, he murders drug maker and police informant Terry Falconer based on what appear to be flimsy grounds.

Falconer’s dismembered body was found wrapped in plastic bags in a river north of Sydney in 2001. In real life, Perish and his brother Andrew were convicted last year.

Still, the Perish character is in effect a dramatisation.

”The producers really don’t know a lot about this guy; there’s no information, there’s no video footage or audio, we had no access to family or friends, or his legal counsel,” LaPaglia told Fairfax’s Michael Idato this week. ”Certain events we know from the court transcripts, but who he really is, we’re really guessing.”

On the other side, Jubelin, played by Matt Nable, who was burdened with an unfortunate Scottish accent in Bikie Wars, is more convincing here. It’s a nuanced performance that shows this policeman’s resolve to get his man.

By the end of episode two, Nable begins to foment what should be a fierce rivalry with LaPaglia. And almost stealing the show is former McLeod’s Daughters star Aaron Jeffery, who is menacing as the erratic, paranoid police informant who leads Jubelin’s team towards Perish.

It’s a strong yarn. And it looks terrific. LaPaglia’s scenes are often backlit with vivid lime-green and dark-orange hues, helping to propagate the story’s ominous overtones.

And the show does not flinch in its depiction of violence and gore. Underbelly enthusiasts will also be relieved to hear the bawdy topless scenes endure. Along with the delightful line ”Show us ya tits!”, one scene begins as a bikie gang is shooting a porn film in a garage.

Though it boasts two Underbelly staples – the franchise theme song It’s a Jungle Out There and the knowing narration of Caroline Craig – there are some variations to the traditional blueprint.

The show’s run is mercifully brief – just eight episodes, as opposed to the customary 13. And significant time is allotted to telling the law enforcement’s side of this story. It took a decade for Jubelin to bring Perish to justice and we foresee the personal and professional price he must pay to make that happen.

As with most true-crime series, it demonstrates that often in the pursuit of one criminal, a hidden web of vice, violence and death is waiting to be exposed.

Underbelly: Badness is hardly flawless, but it possesses a vitality that exploits its richest element: a compelling true-crime story.

Brothers locked up over lethal revenge on a killer

MARGARET SCHEIKOWSKI

The Daily Telegraph

April 14, 2012

TWO brothers were yesterday jailed for plotting the murder of a convicted drug dealer they believed had slain their grandparents.

Sentenced-Andrew Perish, Matthew Lawton and Anthony Perish

The dismembered body of their target, who was abducted in 2001 while on work release from prison, was found in plastic packages on the banks of a northern NSW river.

In the Supreme Court yesterday, Justice Derek Price jailed Anthony Perish, 42, for at least 18 years for the murder of Terry Falconer and for conspiring to kill him.

His brother Andrew Perish, 41, was jailed for at least nine years for the conspiracy. Anthony Perish’s subordinate, Matthew Lawton, 45, was jailed for at least 15 years for the murder and the conspiracy.

Justice Price accepted the brothers’ main motivation was that they believed Mr Falconer had murdered their elderly grandparents, who were shot dead at their Sydney property in 1993.

“They had become frustrated at the lack of progress in the police investigation,” the judge said.

But, the judge said, a civil society could not condone their conduct.

“In our society, crime must be investigated by the police and dealt with by the courts,” Justice Price said.

He found Anthony Perish had been the mastermind of a meticulously planned operation – involving the recruitment of other men who pretended to be police officers and abducted Mr Falconer.

Dust mixes with memories in horror chamber

April 15, 2012

The shed where Terry Falconer’s body was dismembered, which was later used as one of Australia’s biggest meth labs.

 

 

 

 

 

 

 

 

 

This humble shed was one of Australia’s biggest illegal drug labs and the place where Terry Falconer was dismembered. In the lead-up to the sentencing on Friday of Falconer’s killers, Michael Duffy visited the property with a dark past.

‘Perish looked out of his tree. He was agitated, his pupils were quite dilated. I thought he was under the influence of something. I think he said words to the effect of, ‘All right, let’s get into it.’”

Detective Inspector Gary Jubelin is describing what police were told happened on the night of November 16, 2001, when Terry Falconer was cut up on a remote property near Girvan, on the mid-north coast, his body to be dumped in the Hastings River in seven parcels the next morning.

The source for the account is a man we can only call Witness E. He gave evidence against Anthony Perish, who on Friday was sentenced to at least 18 years in prison for masterminding the killing. Also sentenced last week were Perish’s driver, Matthew Lawton, to a minimum 15 years for murder, and his brother Andrew Perish, to at least nine years for conspiracy to murder.

After Witness E was arrested in January 2009, he told police about Girvan, where he had worked on security for Perish’s drug operation. On March 19, wearing handcuffs, he revisited the property to describe what had happened there. He explained how Lawton and he had driven up from Sydney with Falconer in a toolbox in their ute. After Anthony Perish arrived a few hours later, the men donned protective suits and laid out sheets of black plastic in the shed.

Perish, who believed Falconer had killed his grandparents eight years earlier, went to work with a handsaw.

When I visited the place recently it had obviously been abandoned for years. It is approached by a hilly 600-metre track that is now impassable to vehicles and still protected by inner and outer two-metre-high mesh fences.

The house’s front door was open, its floors covered in kangaroo droppings. A large grey came hopping out as I approached the building, which still contains the action films the men used to watch after a hard day’s work cooking drugs.

It was a big business.

Witness E told detectives that 200 kilograms of methamphetamine and ecstasy were produced there in less than a year.

The shed looks harmless enough in the autumn sunshine, offering no hint of the horrors that had occurred there. It is full of old tools, cans of paint. The place was bought by a Perish associate using a false name years ago. Like other property left behind when its owner is jailed – Bruce Burrell’s four-wheel-drive sitting for weeks in Darlinghurst Road, Gordon Wood’s bicycle in the robing room at the Supreme Court – the law doesn’t quite know what to do with it. It covers 49.8 hectares of hilly country, is valued at $315,000 and, according to the Great Lakes Council, $6843.31 is owing in back rates and interest.

Jubelin headed Strike Force Tuno, which brought Falconer’s killers to justice. He recalls Witness E showing police where he had erected security devices such as trip flares, remote-controlled explosives, cameras and various weapons. A machinegun had been set up in an old chook shed pointing at the gate in the internal fence and could be operated from the house by a wire.

Witness E is now serving a long prison sentence. If he gets out – he has cancer – his problems with the law won’t be over. The Sun-Herald can reveal that the Queensland Homicide Squad has issued a warrant for his arrest for the execution of a Gold Coast businessman, Michael Cleaver Davies, in 2002.

Witness E worked as an enforcer for Perish at the time, but police are not saying if Perish commissioned the murder.

Over Underbelly: prime-time crime porn glamorises dirty deeds

Crime boss Anthony “Rooster” Perish.

Pieces of Terry Falconer were found wrapped in plastic in the Hastings River, near Wauchope, on the NSW north coast in late 2001.

The drug kingpin now serving time for his slaying, Anthony Perish, was not arrested until January 2009, when police in body armour swooped on a café in Sydney’s posh McMahon’s Point.

How Strike Force Tuno, led by then Detective Sergeant Gary Jubelin, laboriously pieced together the grisly puzzle of Falconer’s death and dismemberment provides the storyline for Underbelly: Badness.

Starring Jonathan LaPaglia (from The Slap) as Perish and Matt Nable (from Bikie Wars) as Jubelin, the fifth instalment in the Nine Network’s flagship drama franchise premieres tonight at 8.30 on WIN.

But, as stylishly shot and slickly edited as these shows undoubtedly are, I think it’s time to declare we’re over Underbelly.

Screening in eight parts, Badness comes with a carefully worded disclaimer about certain individuals and events being ”obscured” by order of the court. Certainly there are legal risks in Nine and producers Screentime dramatising crimes this recent – the last conviction relating to the investigation was handed down only this year.

The bigger risk is in dressing up the dirty deeds of a criminal that few have even heard of into flashy pulp fiction complete with rock ‘n roll soundtrack and gratuitous bare breasts – the Underbelly trademark.

And all to sell toilet paper and pizzas.

Make no mistake: while the original series about Melbourne’s gangland murders delved deep into the clash of egos behind a deadly chapter in Australia’s recent criminal history, Badness plays like crime porn for porn’s sake – all posturing with no intellectual purpose beyond glamorising a low-rent crim, lionising the cop who caught him and salivating over the gore.

LaPaglia makes Perish all rock-star swagger and smouldering menace. Expect sexy, fast-edit montages and thumping music as he hoons about in his muscle car. Just don’t hold your breath for Sopranos-like insights into the criminal mind.

Instead, we get a blood-spattered Perish swigging a beer in slow-mo while taking to the strung-up Falconer, a career crim and police informant, with a hammer and handsaw.

The violence is mostly implied but the impact is strong, reducing a heinous act all too shockingly true to little more than a few minutes of sleazy video-clip gratification.

Ripped from the headlines it may well be, but the new Underbelly continues the franchise’s sad slide into comic book irrelevance. Perhaps it’s time Nine gave it a rest.

Killers of dismembered drug dealer jailed

April 13, 2012

Louise Hall

Anthony Perish the “mastermind” of the abduction, murder and dismemberment of convicted drug dealer Terry Falconer has been jailed for at least 18 years.

His brother, Andrew Perish, was also sentenced today, to at least nine years, for his role in the death of Falconer in November 2001.

Falconer’s body was found cut up and wrapped in plastic bags in the Hastings River soon after.

Last year, Anthony Perish, 42, and Matthew Lawton, 45, were found guilty in the NSW Supreme Court of his murder.

Andrew Perish, 41, was found guilty of conspiracy to murder.

Today, Justice Derek Price jailed Lawton for at least 15 years.

Justice Price found the Perish brothers were motivated by the murder of their grandparents, who were gunned down at their property in Leppington in 1993.

The brothers believed Falconer was responsible for the double murder.

Falconer was abducted from an Ingleburn smash repairers, where he was on work release from prison, by three associates of the men, who cannot be named for legal reasons.

He was assaulted and his mouth was covered with chloroform before he was put into a galvanised steel box.

He was driven to Anthony Perish’s property in Turramurra, where the box was transferred to the back of a utility.

From there, Falconer was driven to Girvan, where his body was cut up and placed in seven plastic bags and dumped in the Hastings River.

Whether Falconer was alive when he arrived at the Turramurra property was at issue during the trial.

Today, Justice Price said that, on the evidence, Falconer was already dead.

However, this did not detract from the fact that Anthony Perish and Lawton intended to murder and dismember Falconer.

Anthony Perish will serve a maximum of 24 years, Andrew Perish a maximum of 12 years and Lawton a maximum of 20 years.

Guilty verdict in Sydney’s body in the box case

September 13, 2011

Two men have been found guilty of murdering Terry Falconer, whose body was cut into pieces and dumped in a NSW river.

Anthony Perish, 41, and Matthew Lawton, 42, were found guilty by a NSW Supreme Court jury today of murdering Falconer – a former inmate at Sydney’s Silverwater jail – in November 2001.

Andrew Perish, 40, Anthony’s younger brother, was found guilty of conspiracy to murder. The jury was still deliberating on the conspiracy to murder charge for Lawton.

The court heard Falconer was working in a smash repairers in Ingleburn as part of his day release from prison when a blue Commodore pulled up.

There were three men inside posing as undercover police officers, Crown prosecutor Paul Leask told the court.

The three men, who were not the men on trial, handcuffed and drugged Falconer and put him inside the car. He was driven somewhere else and placed in a large metal box.

The court was told one of the men then drove Falconer to a North Turramurra house where Anthony Perish and Lawton were waiting.

They checked the box to see if they had the right man before placing it in a ute. The ute was driven to the small town of Girvan on the mid north coast of NSW. When the box was opened again, Falconer was dead, the court heard.

Perish and Lawton then dismembered Falconer’s body, removing and smashing his teeth.

The body parts were wrapped in plastic and thrown into the Hastings River.

The court heard the Perish brothers believed Falconer was responsible for the shooting death of their grandparents in Leppington in 1993.

Key murder witness accused of killing

August 21, 2011

Michael Duffy

WITNESS E is not well. The former commando is in jail. He has cancer. Most of his liver was removed last year and he is due to start chemotherapy this week. And he says he has lost much of his memory since telling police that two other men killed and dismembered Terry Falconer.

But now Witness E – a main Crown witness in the Falconer murder trial in Sydney – has been accused by defence counsel of having conducted the brutal killing himself in 2001.

While he has pleaded guilty to kidnapping Falconer from his Ingleburn workplace and handing him over to Anthony Perish, 41-year-old Witness E insists he is not the killer. Mr Perish and Matthew Lawton are charged with that murder, and, along with Anthony’s brother Andrew, with conspiracy to murder.

When Witness E appeared at their trial in the Supreme Court last week, wearing an orange jumpsuit and under heavy guard, he answered, “I do not know” and, “I cannot recall” to dozens of questions that he had no trouble answering at the committal hearing last year.

Witness E, as he must be called, says the memory loss derives from a string of misfortunes including: his cancer diagnosis, his 22 hours a day in solitary confinement for the past year, much of it in the Goulburn Supermax, and, possibly, because he has been poisoned in jail, although no evidence of this was produced.

He agreed with Winston Terracini SC, counsel for Andrew Perish, that no medical expert has diagnosed memory loss.

A university graduate, Witness E was a violent criminal for many years. His offences include two shootings, two conspiracies to murder, and seven armed robberies.

After some hours of memory lapses, the Crown prosecutor Paul Leask asked Justice Derek Price if a video of Witness E’s interview with police after his arrest in 2009 might be played. The judge agreed, telling the jury this was because the witness’s evidence had turned out to be unfavourable to the Crown case.

In the video, Witness E described how Anthony Perish had promised him $15,000 plus a cut in a debt in return for kidnapping Falconer and driving him to Turramurra in a steel tool box. He said Anthony Perish explained he wanted to question Falconer about the murder of his grandparents in 1993.

At Turramurra, Witness E told police, the box was opened and Falconer tried to get out. But he and Anthony Perish pushed Falconer back in. Mr Lawton had also been at the house, he said.

Witness E said Anthony Perish, armed with a pistol, forced him to accompany the box to Girvan, west of Buladelah, ignoring his concerns for Falconer’s wellbeing. When the box was opened in a shed, Falconer was dead. Anthony Perish, he said, removed Falconer’s teeth then hoisted him, with Lawton’s help, by his handcuffed wrists using a block and tackle and dismembered the body.

Carolyn Davenport, SC, for Anthony Perish, suggested Falconer was dead by the time he reached Turramurra and Witness E had begged Anthony Perish to help him get rid of the body. Witness E denied this.

Stephen Hanley, SC, for Lawton, noted that, according to two associates, Witness E had said he killed Falconer. Witness E said he could not recall those conversations. He denied trying to transfer the blame to others, giving evidence in return for a 15 per cent discount on his jail sentence.

Mr Hanley mentioned Witness E’s acting ability, demonstrated by his wife having no idea about his life of violent crime for many years. “There were two different Witness Es, weren’t there?” he asked. Actually, said Witness E, there was “one person with two different behaviour sets”.

The trial continues.

‘They are going to get me knocked’

July 24, 2011

Michael Duffy

“NEDDY was going to knock me,” Terry Falconer told police in August, 2001.

The then prisoner believed his wife, Elizabeth-Anne, and daughter wanted him dead after his wife suggested he apply for a transfer to Long Bay, where the notorious killer Neddy Smith was housed.

“I think they’re going to get me knocked,” he said. “It’s a well-known fact.”

Detective Inspector Bryne Ruse, who interviewed Falconer, did not believe this. “I formed the opinion Terry was a bit paranoid,” he told the Supreme Court, because “he was due to get out of jail and there were risks ahead of him”.

But as the old line goes, just because you’re paranoid doesn’t mean no one wants to get you. Three months later Falconer was dead, dismembered and dumped in the Hastings River in seven parcels. The man who drove the boat that recovered six of them told the court one had been partly open, and he recalled seeing a tattoo of a pair of red female lips.

Anthony Perish and Matthew Lawton have been charged with the murder and, along with Perish’s brother, Andrew, with conspiracy to murder. Anthony Perish pleaded guilty to manslaughter, although the Crown prosecutor Paul Leask refused to accept this.

The Crown says the Perishes wanted to kill Falconer in revenge for their grandparents’ murder in 1993, and had arranged for him to be abducted from the place where he was on work-release from Silverwater jail on November 16, 2001.

While Elizabeth-Anne did not kill her husband, she didn’t like him much. She told the court he claimed she had given him up to the police, and he was going to kill her. So she had shown a number of people a document indicating that Terry himself was about to give evidence to the NSW Crime Commission. She thought her actions “might cause him a little bit of trouble, I thought he might get a little smack in the ear or be told by someone to pull up”.

The jury has heard contradictory evidence from witnesses who cannot be named about the point where Falconer died on his last journey. Witness C was a friend of Witness E, who allegedly led the abduction. He says Witness E told him he killed Falconer by accident while trying to administer chloroform in the car.

Witness C told the court Witness E was in a “jovial mood” when describing the abduction but later had admitted to having been apprehensive about Anthony Perish’s reaction when he found out Falconer was dead. But Anthony had told Witness E it did not matter, as Falconer would have ended up that way anyway.

Witness H told the court he had driven the car during the abduction, for which he was paid $7000, and says it had gone as planned. Falconer was knocked out by the chloroform and taken to wasteland where he was put into a metal box in the back of a van, this witness said.

“He was definitely alive [in the box],” Witness H told the court, “because he was snoring.” Witness E drove off in the van, and a few days later told Witness H that Falconer had died: “He had to go, he was going to rat us all out.” After a few drinks, Witness E claimed he had cut off Falconer’s head. This shocked Witness H, who told the court, “He could see I was upset, and dropped the topic.”

Witness B said Anthony Perish, a friend, had later admitted the killing had been done by himself and others. Carolyn Davenport, SC, for Anthony Perish, pointed out to Witness B that he had not mentioned this admission in a statement he made to police afterwards. He replied that he had forgotten about it.

Witness A told the court the Perish brothers paid him $8,000 to repair his boat so it could be used to drop body parts off at sea. “Who is it?” he said he asked, to which Anthony replied, “Don’t worry, it’s not you.” Witness A, still to be cross-examined, was not entirely convinced, and the plan did not proceed.

The trial resumes in Sydney on Monday.

Meeting with rumours of murder on agenda

July 14, 2011

Nick Perry

A man accused of plotting to murder a criminal believed he had killed his grandparents, the victim’s wife has told a jury.

Anthony (91) and Francis Perish (93) in undated copy photo presented in evidence at Coroner’s Court, Westmead during Inquest into their deaths after couple were murdered when shot dead at Leppington in 1993

Elizabeth-Anne Falconer told the NSW Supreme Court on Thursday that Andrew Perish claimed her estranged husband was behind the shooting murders of his grandparents in southwest Sydney in 1993.

Perish, 40, has denied conspiring to murder convicted drug manufacturer Terry Falconer, whose dismembered remains were found wrapped in blue plastic in Wauchope in November 2001.

Perish’s older brother Anthony John Michael Perish, 40, and Matthew Robert Lawton, 42, have pleaded not guilty to murdering Mr Falconer and to the conspiracy charge.

Ms Falconer said she met Andrew Perish in early 2001 outside a Sydney hotel and was aware of rumours that he believed her husband had killed Perish’s grandparents.

“I asked him why he thought Terry had killed his grandparents,” she said.

“He said I knew Terry had killed his grandparents.

“But he didn’t come up with anything as to why.”

She said she showed Andrew Perish a police document given to her by Terry Falconer while he was in jail.

In the Crown opening, prosecutor Paul Leask alleged the document indicated Terry Falconer’s preparedness to become a police informant.

Ms Falconer said she also told Andrew Perish that his grandparents had been shot in the back by a gunman who moved their corpses before drinking their liquor and eating their food.

Under cross examination by Andrew Perish’s barrister, Winston Terracini, SC, Ms Falconer said she learned this information from her husband.

“Did you ever ask your husband Terry how on earth he knew that?” Mr Terracini asked.

“No I didn’t,” she said.

She could not remember if she told Andrew Perish that those details had in fact come from her husband.

Mr Terracini said Ms Falconer never once mentioned a meeting with Mr Perish despite being “specifically asked” by police.

He suggested the meeting never took place, which Ms Falconer denied.

She said she was “intimated and scared” by Andrew Perish but needed to clear up rumours her husband was “putting around”, namely about her being behind the 1993 murders.

“That’s what Terry said, that I had killed them,” Ms Falconer said.

She thought her actions might lead to him getting a “slap on the ear” but said nobody “deserves what Terry got”.

The trial, before Justice Derek Price, is continuing.

Murder trial hears Terry Falconer died in a metal box

July 11, 2011

A court has heard a convicted Sydney drug dealer was locked in a metal box before being chopped into pieces and thrown into a river nearly a decade ago.

Terry Falconer’s dismembered body was found in November 2001 in plastic bags in the Hastings River at Wauchope, on the mid-north coast of New South Wales.

Anthony John Michael Perish has been charged with murder, while his brother Andrew Perish is facing a conspiracy to murder charge.

Matthew Robert Lawton has also been charged with Mr Falconer’s murder.

At their trial in the New South Wales Supreme Court at Darlinghurst today, prosecutors said the Perish brothers wanted Mr Falconer killed because they believed he was involved in the death of their grandparents.

The brothers’ grandparents were shot dead in the early 1990s in their home at Leppington, in south-western Sydney.

The crown said Mr Falconer was abducted in 2001 at a smash repair workshop at Ingleburn, in Sydney’s south-west, while on work release from prison.

The court heard the 52-year-old was then drugged and locked in a metal box before being taken to a property in northern NSW.

It is alleged Mr Falconer died on the way and was then cut into pieces in a shed on the property and thrown into the river.

The trial continues.

Bad by Michael Duffy

Bad

The Inside Story of Australia’s Biggest Murder Investigation

By Michael Duffy

A revealing, insiders look into the Tuno taskforce and the investigation into the brutal murder of drug manufacturer and police informant Terry Falconer – read the full story of the Perish crime bosses, their violent associates and the biggest murder inquiry in Australian history.

 

 

Description

Strike Force Tuno and this investigation is soon to be the subject of the fifth Underbelly television series, Underbelly: Badness

When Terry Falconer‘s dismembered body turned up in the Hastings River in 2001, detective Gary Jubelin was given the investigation to lead. Falconer had been a violent criminal, a police informer, and possibly a murderer. The suspect list quickly grew to 70 of the state’s most hardened criminals, all of whom had wanted him dead.

After a year Jubelin had a name. Anthony Perish believed Falconer had carried out a contract killing on his grandparents back in 1993. Perish was almost unknown to police, but as Jubelin and his team dug deeper, they discovered he was one of Australia’s most successful drug manufacturers, with strong links to the Rebels bikie gang and a reputation for violence and professionalism. Only the personal nature of his revenge murder of Falconer had brought him out of the shadows.

It took the dozens of detectives involved with Strike Force Tuno a decade to bring Anthony Perish and his brother Andrew to justice. It is an amazing story of what police call serious ‘badness’, involving many murders, professional killers, protected witnesses, electronic surveillance, underground drug labs, secret hearings conducted by the New South Wales Crime Commission, and over 180,000 recorded phone conversations.

Author Michael Duffy was given almost unprecedented access to police force files to write the story of what has been described as one of Australia’s most difficult murder investigations and its biggest. The result is a chilling and forensic account of an Australian criminal empire that dwarfs all others and a meticulous and enthralling chronicle of an extraordinary police investigation.

Michael Duffy has been writing about Sydney for many years as a journalist. Michael writes about trials and crime for the Sun Herald and Sydney Morning Herald and co-presents ‘Counterpoint’, ABC Radio National’s challenge to orthodox ideas. He also writes crime fiction.

COURT SENTENCING TRANSCRIPT

Supreme Court New South Wales

Medium Neutral Citation

R v Perish; Perish & Lawton [2012] NSWSC 355

Hearing Dates

27 July 2011 – 29 July 20111 August 2011 – 31 August 2011 1 September 2011 – 14 September 2011 11 November 2011 16 March 2012

Decision Date

13/04/2012

CRIMINAL LAW – Murder – Conspiracy to murder

Parties

Andrew Michael Perish

Anthony John Perish

Matthew Lawton

Representation

Ms V Garrity (Director of Public Prosecutions)

Mr W O’Brien – William O’Brien & Ross Hudson Solicitors (Anthony Perish)

Mr B Archbold Archbold Legal Services (Andrew Perish)

Mr E Matouk – Matouk Joyner Lawyers (Matthew Lawton)

Mr P Leask (Crown)

Mr S Hanley SC (Matthew Lawton)

Ms C Davenport SC (Anthony Perish)

Mr W Terracini SC (Andrew Perish)

File Number(s)

2009/145260

2009/148002

2009/150111

Judgment

1HIS HONOUR: Anthony John Perish and Matthew Robert Lawton have been found guilty by a jury of the murder of Terrence Falconer on or about 16 November 2001. They were also found guilty by the jury of conspiring with Andrew Michael Perish between 1 January 2001 and 17 November 2001 to murder Mr Falconer.

2Andrew Michael Perish was found guilty by the jury of conspiring with Anthony John Perish and Matthew Robert Lawton between 1 January 2001 and 17 November 2001 to murder Mr Falconer.

3The maximum penalty for the crime of murder is imprisonment for life. The maximum penalty for the crime of conspiracy to murder is imprisonment for 25 years.

4The offences were committed in 2001. I am required to sentence the offenders in accordance with the sentencing practice as at the date of the commission of the offences and not as presently prevails: R v MJR [2002] NSWCCA 129; (2002) 54 NSWLR 368. Part 4 Division 1A – standard non-parole periods of the Crimes (Sentencing Procedure) Act 1999 which came into force on 1 February 2003 does not apply to the present sentences. Sections 3A and 21A of the Crimes (Sentencing Procedure) Act, however, do apply.

5It is my duty to determine the facts relevant to sentencing each offender. My view of the facts must be consistent with the verdict of the jury and the findings of fact I make against an offender must be arrived at beyond reasonable doubt: R v Isaacs (1997) 41 NSWLR 374. Matters of mitigation may be proved on the balance of probabilities: R v Pilley (1991) 56 A Crim R 202.

6At trial and the proceedings on sentence, Mr Leask appeared for the Crown, Ms Davenport SC appeared for Anthony Perish, Mr Hanley SC appeared for Matthew Lawton and Mr Terracini SC appeared for Andrew Perish.

7The jury was satisfied beyond reasonable doubt that each of the offenders had agreed to kill Terrence Falconer.

8The genesis of the conspiracy was the unsolved murders on 14 June 1993 of Anthony and Frances Perish, the grandparents of the offenders Anthony Perish and Andrew Perish. The police investigation under the name of Strike Force Seabrook had been unable to identify who had murdered them.

9Anthony Perish and Andrew Perish became motivated to kill Mr Falconer as they believed he had been involved in the murders.

10Another motive for Andrew Perish to kill Mr Falconer was that he was shown by Elizabeth Falconer (the deceased’s wife) at a Penrith Hotel around March/April 2001, a document which identified Mr Falconer as being prepared to assist police as an informer in respect of the activities of the Rebels motorcycle club in Dubbo. Andrew Perish had been a member of the Rebels motorcycle club.

11In 1998, [B], … received a phone call during which he was told that Terrence Falconer killed the Perish grandparents. The following day, [B] and his wife met Anthony Perish and discussed with him what they had been told.

12Around March 2001, Anthony Perish met [B] at a Double Bay restaurant and asked whether he could obtain from his brother-in-law, a serving NSW police officer, some police uniforms. [B] did not ask the offender why he wanted them nor did the offender tell him. [B] told the offender about a month later his brother-in-law would not do it, but [B] had not in fact asked him.

13On 9 July 2001, Andrew Perish met Detective Inspector Ruse, a member of Strike Force Seabrook and told him that “Terry Falconer or Faulkner” had admitted to the murders of Anthony and Frances Perish, to two employees of a motor vehicle wrecker’s business in Sydney. Andrew Perish said that it was the owner of the business, who gave him the information, but the owner was in gaol and would not speak to police. The police had received information from other sources which suggested that Terrence Falconer was involved in the murders. Detective Inspector Ruse formally interviewed the deceased who denied the allegations.

14The Crown case against Andrew Perish was based essentially on the evidence of [A]. He was also an important witness in the Crown cases against Anthony Perish and Matthew Lawton. The jury was satisfied beyond reasonable doubt that [A] gave honest and reliable evidence. [A] lived on a property at … .

15In early October 2001, Denise Lawton arrived at the … property telling [A] that she had a message from ‘Rooster’, a name by which he knew Anthony Perish. She handed him $1,000 in cash and told him to buy some decent clothes to go to dinner in. She said, “Andrew will come and see you in a couple of days.” Andrew Perish was “Andrew”.

16On 11 October 2001, Andrew Perish went to the … property before lunch, saying to [A] that he would be back at 7pm that night, and they would go and have dinner with “our mate”. “Our mate” was Anthony Perish.

17Andrew Perish drove [A] that night to Newtown where they had dinner with Anthony Perish at a local restaurant. During the dinner, Anthony Perish said to [A], whose nickname was ‘Nosey’: “So Nosey, what can you do for the company?” To which he asked, “What would the company have me do for them?” Anthony Perish asked him if he had a boat to which he replied, “It’s fucked at the moment”.

18[A] said that he had a 4.9 metre Markham Whaler with a twin Evinrude horsepower engine on it, which was in mechanical disrepair. There was further discussion about the boat during which Anthony Perish asked [A]: “If I give you a couple of grand tomorrow, you put it in and get it fixed”. Andrew Perish was present during the whole conversation. Anthony Perish asked Andrew if he could give [A] the couple of grand on the way home.

19During the dinner, Anthony Perish said to [A]:

“I want you to put the boat in and come up the Karuah River to Bulahdelah. There’s a wharf up there, come up to the wharf and I will be waiting for you just like a fisherman with a couple of esky’s because the cunt might be in a few pieces.”

Anthony Perish was referring to Terrence Falconer. The offenders planned to kill him, dismember his body and to dispose of the body parts by using [A] and his boat.

20There had been discussion during the dinner at Newtown that a mobile phone would be dropped off to [A] by the person who drove the truck down to Adelaide when [A] had moved to that city. This was the offender Matthew Lawton.

21Whilst Andrew Perish was driving [A] back to the … property, they stopped at his home in Eagle Vale. Andrew Perish picked up $2,000 from inside his house and gave it to [A].

22The next morning, [A] took the boat to Marine Scene at Campbelltown and, after further phone calls, obtained a quotation as to the cost of the boat repairs. He spoke to Andrew Perish informing him that during the initial work on the boat, another problem had been found. The power head on the left- hand motor needed replacing at a cost of $4,000 alone. [A] asked Andrew Perish what he wanted to do and was told to “get it done”.

23Andrew Perish subsequently gave [A] $1,500 in cash at the … property and $3,000 in cash at Daniel Perish’s place at Rossmore. The money was to be applied to the cost of repairing the boat.

24Matthew Lawton delivered a ‘Motorola Talkabout’ mobile phone (the McDowell phone) to [A] at the … property. He told [A] to keep the phone on and charged and not to contact anyone else other than Anthony and Andrew Perish. The phone was in the name of John McDowell and was activated by [A] on 29 October 2001.

25On 31 October 2001, [A] had travelled to Salamander Bay to undertake a reconnaissance of the regional waterways. He had purchased from the Newcastle Water Ways Office four maps of the surrounding waters.

26Anthony Perish visited [A] at the … property at least three times after the dinner. On each occasion, Matthew Lawton drove him to the property. During the second last visit, Anthony Perish handed [A] a document that [A] described as being a police document with Terry Falconer’s name on it. He said that the document stated that Terry Falconer was prepared to give evidence against the Rebels motorcycle club in Dubbo as to their drug dealings. Although Anthony Perish had never been a member of the Rebels motorcycle club, his brother Andrew was a former member. I am satisfied beyond reasonable doubt that Anthony Perish believed that Mr Falconer was a police informer, which provided added justification for his plan to kill the deceased.

27[A] and Anthony Perish discussed the Karuah River and where the boat was going to be put in. Bulahdelah was eliminated because of the four or five knot speed restriction throughout the river.

28During the last visit on 9 November 2001, one week before Mr Falconer was murdered, there was a discussion between [A] and Anthony Perish about the boat being ready. Anthony Perish said to [A]: “Get onto it, hurry up, because this cunt goes this Friday regardless.” He also said:

“You’ll come up, you’ll pick up a couple of eskys, you’ll go out and take them out to the continental shelf. You will empty out the contents over a big hole using a depth sounder. On the way back wash those eskys out halfway back and throw them over the side. When you get back, wash the boat out with ammonia.”

29Anthony Perish went on to say:

“If you wash it out with ammonia they can tell there’s been blood in the boat but they can’t tell whose it is, it fucks the DNA”

30The offender told [A] that he was not coming with him and that was what [A] was being paid for. [A] understood that the plan had changed as Anthony Perish no longer intended accompanying him on the voyage to dispose of Mr Falconer’s body parts.

31[A] decided not to participate in the dumping of the body parts as he had come to fear for his own safety. All incoming calls to his mobile phones were diverted after 12 November 2001, and attempts by Andrew Perish to ring him on 14 and 15 November 2001 were unsuccessful. [A] took no further part in the plan to kill Terrence Falconer.

32Anthony Perish had initially engaged [E] to investigate the murder of his grandparents but subsequently planned for Terrence Falconer to be abducted by [E] and taken to the premises where he was living at Kirkpatrick Street, Turramurra.

33Mr Falconer had been serving a term of imprisonment for drug offences. He was nearing the end of his sentence and had been classified as a minimum security prisoner which made him eligible for work release. An electronic monitoring bracelet had been fitted to his ankle on 28 March 2001 and he had been sponsored for work at Wreck-A-Mended Smash Repairs at Ingleburn. He commenced work on 17 May 2001 and his usual hours of work were 8am to 4.30pm. Mr Falconer was required to be back at Silverwater prison by 7pm.

34About three months before the murder, Anthony Perish approached [E] with his plan to abduct Mr Falconer, whilst he was on work release. [E] was told by Anthony Perish to obtain a van, a lockbox and to look like police so that Mr Falconer could be taken from his work. Anthony Perish told him to handcuff Mr Falconer as he would put up a fight and put an anaesthetic, like chloroform over his mouth.

35[E] recruited [H] and Craig Bottin (Bottin) to assist in the abduction. [H] met [E] in the middle of 2001, during which [E] said to him, “Look, there’s a job that has come up. There’s a guy who needs to get information, a guy who has done terrible things. He’s a scumbag and he needs myself and Craig to help him out with this because this is a guy who is able to take care of himself”. During a second meeting between [E] and [H], [E] told [H] that they were to dress up as police officers and to pretend to arrest Mr Falconer for questioning. [E] said that he would use chloroform to subdue Mr Falconer after he had been taken. [H]‘s role was to be the driver of the vehicle and Bottin would assist [E] in the arrest. [H] and [E] reconnoitred the smash repair business in preparation for the abduction.

36Matthew Lawton obtained steel wheel rims and painted them silver at Anthony Perish’s premises at Turramurra, so that the rims on [E]‘s VT Commodore would resemble the rims on a police vehicle. [E] had been staying with Anthony Perish and intended using his Commodore in the abduction. He delivered the vehicle to [H].

37On the afternoon of the abduction, [E], [H] and Bottin met at a grassy embankment close to Wreck-A-Mended Smash Repairs. [E] had parked a white van at the rendezvous, where they changed their clothes and the Commodore’s appearance was altered to look like an unmarked police vehicle. The hubcaps were removed, the licence plate changed and an aerial was placed on the back window.

38Around 3pm, [H] drove [E] and Bottin in the Commodore to Wreck-A-Mended Smash Repairs. [H] was wearing a blue police shirt with shoulder patches and blue pants. He remained in the vehicle. [E] and Bottin were wearing business suits to look like detectives and were armed with ‘Glock pistols’.

39Mr Falconer had arrived for work at about 8am. [E] and Bottin went into the premises, presented police identification badges to employees and were taken to Mr Falconer. [E] conducted a body search on Mr Falconer, who he then handcuffed with handcuffs that Anthony Perish had given him. Mr Falconer was placed in the rear seat of the Commodore between [E] and Bottin.

40At trial, [H] gave evidence to the effect that when they reached the grassy embankment, he heard a scuffle in the backseat. He turned around and saw [E] placing a rag with chloroform on it, upon Mr Falconer’s mouth. [H] said that Mr Falconer was putting up a bit of a struggle, but [E] continued to apply the rag to his face and Mr Falconer was rendered unconscious. In the electronically recorded interview (ERISP) that [E ] entered into with police on 22 January 2009, [E] recounted that, after putting his handkerchief in the chemical that was in a “big orange juice bottle”, he placed the handkerchief over Mr Falconer’s face, but Mr Falconer was struggling and trying to hit him with his handcuffed hands. Bottin helped him to subdue the deceased, who continued to struggle, but after about another thirty seconds became dopey. During his evidence before the jury, [E] remembered that when he held the rag over Mr Falconer’s mouth, that he struggled violently and it took a while to subdue him. [E] agreed that he told the Magistrate at the committal hearing, that Bottin physically came over and that he, [E], put pressure down on the deceased’s hand and chest. He said that he was protecting himself from being hit in the head with handcuffs. [E] did not recall having to punch Mr Falconer, nor did he see Bottin punch the deceased to the right side of the face.

41During the trial, [E] told the jury that he carried Mr Falconer from the Commodore to the white van with either the assistance of Bottin or [H]. The monitoring bracelet had been removed from Mr Falconer’s ankle and discarded. In the van was a box that he had purchased from a hardware store for the purpose of putting Mr Falconer in it. In his ERISP, [E] said that the box was made of “galvanised tin, or tin plate maybe, like one you buy at Bunnings but more heavy duty.” It was close to six feet in length, but there were no additional holes drilled into it. Professor Yeomans examined various metal items that police had located at 158 Brooks Road, Girvan in March 2009. He concluded that the items were consistent with the base, the side and the lid of a metal box. Professor Yeomans estimated that the box would have been 500mm wide, 500mm high, but somewhat in excess of 760mm long. The box was made of an older style of sheet metal. I am satisfied that this was the box which was in the white van.

42The jury was told by [E] that when Mr Falconer was placed in the box, he was not on his face. Mr Falconer was neither talking nor were his eyes open. [E] drove the van to Turramurra but did not recall by what route he drove there. He remembered that when the box was opened in Anthony Perish’s garage at Turramurra, Mr Falconer looked “pretty crook”, but he thought that Mr Falconer was alive. In cross-examination by Mr Hanley, he said that Mr Falconer was not just lying there, he gasped, his torso went up, and he looked in a pretty bad way.

43In his ERISP, [E] told police that Mr Falconer was coughing more and more and had been in the box “for quite a period of time”. When the box was opened, Mr Falconer started to get up and [E] put his foot at Mr Falconer’s torso as he thought “he was going to try and up and at us”. [E] said that Anthony Perish grabbed Mr Falconer’s head, slammed it down, pulled up his shirt and he saw a Gypsy Joker tattoo. [E] recounted that Anthony Perish closed the box, which Perish and Matthew Lawton put into the tailgate of a utility. Anthony Perish directed [E] to go with Matthew Lawton in the utility to Girvan, whilst Anthony Perish got rid of the white van. [E] described a slow journey to Girvan and the box not being opened until Anthony Perish arrived some time later. [E] said that when the box was opened at Girvan, Mr Falconer was dead.

44During the trial, competing issues arose as to the cause and the time of the death of the deceased being whether:

(a)as a result of being assaulted, chloroformed, placed in the metal box and being driven in the white van from the grassy embankment to Turramurra, the deceased died during the journey and was not alive when the box was opened in Anthony Perish’s garage at Turramurra; or

(b)the deceased was alive at Turramurra but dead when the box was opened at 158 Brooks Road, Girvan.

45The Crown case at trial was that irrespective of when and how the deceased died, Anthony Perish and Matthew Lawton were guilty of his murder. It is unnecessary to repeat here, the directions provided to the jury. During the proceedings on sentence Ms Davenport and Mr Hanley submitted that the time and the manner of the deceased’s death impacted upon the determination of the moral culpability of the offenders and the objective seriousness of their actions, whereas Mr Crown contended that it had no impact whatsoever. As I do not agree with the Crown’s argument, it is necessary to consider this issue in some detail.

46Ms Davenport and Mr Hanley submitted that the court would not be satisfied beyond reasonable doubt that Mr Falconer was alive when he arrived at Turramurra. They referred to [E] admissions to [H] and [C] and to the evidence of Professor Lyons as supporting the reasonable possibility that the death could have occurred before the arrival at Turramurra. Mr Crown invited the court to accept [E]‘s account in the ERISP and directed attention to independent support for his evidence.

47In his closing address to the jury, Mr Crown referred to 15 matters of evidence that were said to independently support [E]‘s testimony in the trial. Of particular significance to the present question, is the evidence of Professor Lyons of the Gypsy Joker tattoo seen on the deceased’s remains during the autopsy and the evidence of bruising to the deceased’s face.

48Dr Lee, who conducted two autopsies on the deceased’s dismembered remains, found an ill-defined area of bruising extending from the lateral right cheek past the outer aspect of the eye, involving the right lateral forehead and extending into the hairline. There was also an ill-defined area of apparent bruising situated over the right side of the jaw midway between the point and the angle. Dr Lee was unable to determine the cause of death.

49The onus is on the Crown to prove beyond reasonable doubt that Mr Falconer was alive, when he arrived at Turramurra.

50In his evidence at trial, [H] said that Mr Falconer was unconscious when he was carried from the car to the box in the van. Whilst unconscious, he was placed lying on his back in the box. Mr Falconer appeared to be breathing, because he was snoring and his chest was rising up and down. [H] told the jury that his main concern was that once the box lid was closed, Mr Falconer might not be able to breathe. There was, he said, no obvious part of the box where air could get in and he could not see any air holes drilled in it. When he expressed his concern to [E], [E] told him that the deceased was not going to be in the box for long, it was going to be a short journey and the deceased would be returned back to Wreck-A-Mended Smash Repairs before the day was out.

51Detective Sergeant Browne gave evidence that the police had timed how long it took to drive from the smash repairs at Ingleburn to Kirkpatrick Street, Turramurra, not exceeding the speed limit and replicating the route that existed on 16 November 2001, before the M5 freeway extension was built. The journey took police between two hours and fifteen minutes and two hours and forty minutes.

52Professor Lyons gave evidence that chloroform was no longer used as a modern anaesthetic because it was dangerous to the heart and liver. He explained that someone who is unconscious and lying on his back, has an unprotected airway, so that there is a tendency for the structures of the mouth to fall backwards. One clinical sign of a restriction of the airway was snoring. In a limited amount of oxygen, the process of respiration would raise the level of carbon dioxide. Professor Lyons said that oxygen would be consumed, carbon dioxide produced, the level of which could adversely affect the brain and the heart to the point that ultimately breathing could stop. Professor Lyons considered it was a possibility where someone was in a very restricted area, snoring on his back having been subjected to some form of anaesthesia that death could occur within two hours.

53[H] gave evidence that a couple of days after the abduction, he and [E] had lunch at a restaurant in Double Bay. [E] said words to the effect of, “Look, I don’t know if you have heard or read anything, but Falconer had to go. He was going to rat us out.” [H] said that [E] brought up the topic again about an hour and a half later. [E] said Falconer was not giving him the answers he wanted, that Falconer was being “a smart arse” and he chopped Falconer’s head off. [H] described [E] as being very happy with how things had gone and with how professional they had been on the job.

54[C], who had been [E] business partner, told the jury that [E] asked him if he had seen an article about a person being abducted from a panel beater’s shop by police. During the conversation, [E] said that he, [H] and “Skits” (Bottin) had done it, that [H] was wearing the police uniform and the plates had been stolen from a police car. [E] went on to say:

“We went into the panel beater’s shop and…, we told them we were cops, we showed them a badge. We grabbed Falconer and put him into the car. There was a struggle in the back seat. I hit him too hard and he died. I really fucked up, I was only supposed to take him to somebody else to be tortured. I fucked up.”

55It is plain that [E] ‘s account to [H] that he had chopped Mr Falconer’s head off was an exaggeration. His disclosure to [C] that there had been a scuffle in the backseat is consistent however, with [H]‘s recollection of a struggle after they arrived at the grassy embankment. Although [H] did not see [E] strike the deceased, the struggle was not inconsequential. [H] was instructed by [E] to have both the interior and exterior of the Commodore cleaned. In cross-examination by Mr Hanley, [H] agreed that there was a direction from [E] specifically aimed at cleaning up some scuff marks that were on the back of the front seats which he understood had been caused in the struggle. I consider it to be a reasonable possibility that [E] did hit the deceased hard, whilst he was attempting to subdue him and trying to avoid being struck by Mr Falconer’s handcuffed hands. Such a finding raises the reasonable possibility that the deceased’s facial bruising may have occurred otherwise than by Anthony Perish grabbing his head and slamming it down. [E] participated in the dismemberment of the deceased’s body at Girvan and it is a reasonable possibility that he saw the Gypsy Joker tattoo after Mr Falconer’s death.

56When the evidence of the struggle, the use of a chloroform like substance, Mr Falconer’s snoring, the size of the box, the lack of ventilation and the length of the journey to Turramurra is considered in combination, there is a reasonable possibility, in my view, that Mr Falconer died before he arrived at Turramurra.

57In reaching this conclusion, I have not disregarded [B]‘s evidence of a conversation that he had with Anthony Perish at North Sydney in June 2006. Anthony Perish told [B] that he and [E] killed Mr Falconer at “Redman’s [E] mum’s place up the coast”. The reliability of this account is diminished as it was common ground in the trial that the property at Girvan was never owned by [E]‘s mother and that she did not have an association with it. Furthermore, there was no evidence whatsoever of any proprietary interest that [E] or any member of his family had in that property.

58I do not propose to comment on the answers given by [E] in his ERISP, much of which was supported by the independent evidence upon which the Crown relied, other than to state that I am not satisfied that his account of events at Turramurra, was honest and reliable.

59The Crown has not established beyond reasonable doubt that the deceased was alive at Turramurra. Accordingly, Anthony Perish and Matthew Lawton are to be sentenced on the basis of the deceased being dead at the time of his arrival at Kirkpatrick Street.

60I am satisfied beyond reasonable doubt that the deceased’s body in the box, was taken from Turramurra to Girvan in the utility driven by Matthew Lawton, who was accompanied by [E]. After disposing of the white van, Anthony Perish joined them at Girvan and they dissected the body. The body parts were placed into plastic bags that were wound with wire and duct tape and dropped into the Hastings River. I do not accept that [E] had been forced by the threat of the use of a gun to travel to Girvan and to assist in the dismemberment of the body. It is evident that [E] maintained a close relationship with Anthony Perish, which included an invitation to his wedding in 2008. They were arrested together at McMahons Point on 19 January 2009.

61On 26 November 2001, six of the bags were found in the Hastings River, a seventh bag being located on 13 September 2002.

62By its verdicts on the charge of conspiracy to murder, the jury determined that all three offenders entered into an agreement to kill Mr Falconer and each of them participated in that agreement. Anthony Perish was the mastermind behind the plan to abduct Mr Falconer, to kill him, to dismember his body and to dispose of his remains. He recruited [A] and [E] and instructed them on the role that each would play in the conspiracy. Andrew Perish and Matthew Lawton acted upon his directions.

63Andrew Perish was present at the Newtown dinner and knew that the plan was to kill Mr Falconer, dissect his body and [A] was to be used to dispose of the remains. He assisted his brother in recruiting [A], paid for the repairs to his boat and authorised him to proceed with further repair work to the vessel, which Andrew Perish paid for. Andrew Perish, with his brother Anthony, were the only persons that [A] was to contact on the McDowell phone. He endeavoured unsuccessfully to ring [A] on 14 and 15 November 2001. There is no evidence that Andrew Perish played any part in the procurement of [E] or that he knew that [E] was to abduct the deceased. His role was confined to [A]. The Crown has not established beyond reasonable doubt that Andrew Perish played any part in the agreement to kill Mr Falconer after 15 November 2001. His culpability for the conspiracy to murder is less than that of Anthony Perish.

64Matthew Lawton was not present at the Newtown dinner but delivered the McDowell phone to [A] with instructions as to its use and drove Anthony Perish to the meetings with [A] at the … property. Whilst he was present at these meetings, the evidence does not establish that he took part in the discussions between [A] and Anthony Perish. I am satisfied beyond reasonable doubt that Matthew Lawton became aware that Anthony Perish had procured [E] to abduct Mr Falconer. He was neither engaged in the planning of the offence nor the recruiting of [A] and [E].

65At trial, the Crown did not seek to prove a motive for Matthew Lawton’s participation in the offending. Mr Hanley submitted that in assisting the commission of the offences, Matthew Lawton was inferentially recruited by Anthony Perish. It is plain from the evidence that the offender was under the influence of and subordinate to Anthony Perish, with whom he had a long association. His culpability for the conspiracy to murder is less than that of the other two offenders.

66An agreement to kill another person is a most serious crime. Each of the offenders took steps directed at its successful completion.

67At a later stage in these sentencing remarks, I will detail the backgrounds of each of the offenders. I accept that Anthony Perish and Andrew Perish agreed to kill Mr Falconer for the principal reason that they believed he was involved in the murder of their grandparents and they had become frustrated with the lack of progress in the police investigation. Each of these offenders had a close relationship with their grandparents and were motivated by their desire to right the wrong that Mr Falconer was perceived to have committed. Although that might explain the agreement to kill him and the murder, it does not mitigate the objective seriousness of these offences. A civilised society cannot condone the offenders’ conduct. It is well established that resort to criminal conduct as a response to a crime believed to have been committed by the victim is to be severely discouraged. In our society, crime must be investigated by police and dealt with by the courts: Barlow v R [2008] NSWCCA 96; R v Mitchell [2007] NSWCCA 296. The existence of such a motive remains relevant, however, to questions of personal deterrence and protection of the community.

68By its verdicts on the charge of murder, the jury determined that Anthony Perish procured [E] to abduct Mr Falconer and bring him to Turramurra, that he did so with the intention to kill Mr Falconer some time thereafter and that his actions made a substantial contribution to Mr Falconer’s death. The jury rejected as a reasonable possibility that it was the offender’s intention to question Mr Falconer and not to kill him.

69The jury determined that Matthew Lawton was a member of the conspiracy to murder the deceased and was a party to the joint criminal enterprise to abduct him. The jury were satisfied that Matthew Lawton had an intention to kill Mr Falconer and his actions made a substantial contribution to the death.

70The Crown does not submit that this case falls within the worst category of murder and therefore attracts the imposition of a life sentence. There is no suggestion of future dangerousness.

71Ms Davenport and Mr Hanley submitted that the conspiracy to murder and the murder should be considered as one offence in the cases of Anthony Perish and Matthew Lawton. Ms Davenport contended that, had it not been for the fact that Andrew Perish was charged with conspiracy, the Crown would not have charged the other offenders with that offence. Mr Hanley argued that the “temporal, factual and historical connected-ness” between the two offences, reflected one course of criminal conduct. Both counsel suggested that if their submissions were accepted, the planning involved could be treated as a factor of aggravation in the murder.

72It seems to me to attempt to draw a line between the two offences for the purposes of sentencing Anthony Perish and Matthew Lawton, creates an artificiality and defies common sense. I accept that the actions of these offenders in reality reflect one course of criminal conduct.

73Anthony Perish meticulously planned the murder. He recruited [A] and [E]. He contrived that Mr Falconer was to be abducted on work release by [E] posing as a police officer, then handcuffed, sedated and placed in a box to be delivered to Turramurra. He supplied to [E] a police shirt, handcuffs and the chloroform like anaesthetic. When [E] arrived at Turramurra, Anthony Perish was present and he expected that Mr Falconer would be alive. He intended to kill Mr Falconer, but not all matters went as planned, as Mr Falconer had died on the journey.

74Anthony Perish had also planned for the deceased’s body to be dissected at Girvan and disposed of by [A]. He carefully considered the various waterways and had concluded that the body parts were to be taken by [A] out to the continental shelf and emptied over the side of [A]‘s boat. He instructed [A] to wash the boat with ammonia to make it difficult for DNA to be detected. When the scheme was interrupted by the desertion of [A], Anthony Perish decided that the body parts would be placed into the Hastings River.

75Although Matthew Lawton did not plan the abduction, he obtained steel wheel rims and painted them silver so that the rims on [E]‘s VT Commodore would resemble the rims on a police vehicle. I am satisfied beyond reasonable doubt that he was present at Turramurra when [E] arrived as he intended to kill Mr Falconer and to participate in the dismemberment of his body.

76It is a factor of aggravation that the murder was carefully planned.

77Mr Hanley submitted that the dismemberment and disposal of the deceased’s body were done with a view to avoiding detection and should not be given significant weight. The treatment of the deceased’s body can be taken into account in assessing the seriousness of the offence: Knight v The Queen (2006) 164 A Crim R 126. Mr Crown, however, did not dispute Mr Hanley’s contention that the treatment of the body did not elevate the seriousness of the offence, but said that it was relevant on sentence to demonstrate the state of mind of Anthony Perish and Matthew Lawton as one of callousness. I accept the Crown’s submission.

78There is no evidence that suggests the deceased’s body was dismembered for a purpose other than to hide the crime. The callousness with which the murder was planned and carried out is disclosed by the manner in which the offenders and [E] went about dissecting the body at Girvan.

79I conclude that the objective gravity of this offence is of a high order. Both offenders callously endeavoured to ensure that the careful plan to kill Mr Falconer would be successful. It matters little that he died unexpectedly in [E]‘s white van. I accept that Matthew Lawton’s role was subordinate to Anthony Perish and his culpability for the murder is less than his co-offender. Nevertheless, the objective seriousness of his offending remains high.

80Anthony Perish was born on 4 September 1969 and at the time of the murder was 32 years old. He is now 42 years old. He was arrested on 19 March 2009 and has been in custody since that time. His criminal history, prior to his arrest, reveals minor offences, the last of which was committed on 10 October 1990.

81On 15 December 2011, he was convicted of attempting on 9 June 2010 to wilfully dissuade [A] from giving truthful evidence against him in committal proceedings and sentenced to imprisonment for two months to date from 10 August 2010. I am mindful that offences committed after the murder, may not be taken into account for the purposes of imposing a heavier sentence, but may be considered for the purpose of deciding whether the offender is deserving of leniency: R v Hutchins (1958) 75 WN (NSW) 75; R v Bowey (unrep, 22/7/91, NSWCCA).

82The offender’s record of previous convictions has not involved violence and does not disentitle him from considerations of leniency. I give to this consideration, modest weight in mitigation, owing to the gravity of the present offences.

83Anthony Perish did not give evidence at trial, or during the proceedings on sentence. His subjective circumstances are principally drawn from the history given to Michelle Player, a clinical psychologist. He is the fourth child of seven children born to his parents. One of his sisters was killed in a car accident in 1983. He has two sisters and three brothers. The offender was raised by his parents on an egg and poultry farm at Leppington. He had a close, supportive and nurturing relationship with his mother, but a strained relationship with his father, who held high expectations of the offender as his eldest son. The offender developed a stutter in infancy and never saw a speech pathologist to address his speech impediment. He did not enjoy his schooling years, had no interest in study and was a below average student. The offender left school in mid-Year 8 just shy of his 15th birthday. He completed a four-year apprenticeship in panel beating and spray painting, graduating when he was 20 years old. About this time, he moved to Queensland where he lived until aged 35 years. After buying and selling cars for profit, he progressed to operating his own excavator and bobcat business.

84The offender has a son, now 20 years old from a short relationship when the offender was in his early twenties. He was unaware that his ex-girlfriend had given birth to his son until about eight years later. The offender has been involved in his son’s life since that time and remains in contact with him. Prior to his arrest in 2009, the offender was co-habiting with his partner, with whom he had commenced a relationship when he was about 26 years old. The relationship ended in 2010, but the offender maintains a sound relationship with his partner’s son.

85Anthony Perish was close to his paternal grandparents, Anthony and Frances Perish, when he was growing up in Leppington. They lived about a 15 minute walk away from the offender’s parent’s home on the other side of the family property. The offender told Ms Player that his grandparents were nurturing and affectionate towards him and that he had a particularly close relationship with his grandfather. He had lived with his grandparents for a total of six months in his mid-adolescence.

86When his grandparents were murdered, the offender was 23 years old and living in Queensland. Ms Player reports that the offender was unable to join his family in Sydney to receive support and grieve with them. He told Ms Player that his grandparents’ murders “shattered the family’s innocence” and made him aware of “how bad the world can be.” He said that he had felt frustration for many years about the lack of progress in the police investigation into his grandparents’ murders and stated that he did not think that he had grieved properly, that it had burnt him out.

87Ms Player expressed the opinion that the offender “reveals a frozen grief response in relation to the death of his sister and murder of his grandparents, which he has attempted to suppress.” The psychologist opines that Anthony Perish’s offending behaviour “seems to have stemmed from his struggle to resolve the deaths of his grandparents, with whom he was particularly close, and pre-occupation with determining who was responsible for their deaths.” Ms Player reports that the offender “appears regretful for the death of the victim and willing to participate in interventions to address his recidivism risk.”

88Ms Player assessed Anthony Perish’s risk of violence with the HCR-20 clinical risk assessment guide and found that the offender presents an overall low risk of violent recidivism. She recommended that the offender access individual psychological therapy whilst in gaol. The offender has completed various courses whilst in custody and the transcripts of his academic record were tendered. The Corrective Services case note reports disclose that he has been of good behaviour and is now the unit delegate. I take all these matters into account.

89It is clear that Ms Player’s report of the expression of remorse by the offender does not amount to acceptance of responsibility for his actions. At the commencement of the trial, he pleaded guilty to manslaughter on the basis that he agreed with [E] that Mr Falconer should be abducted and that he contemplated the possibility, at least, that in the course of the abduction, serious injury might be caused to Mr Falconer and that was an unlawful and dangerous act. Ms Player reports that the offender denies that he intended to cause harm to Mr Falconer, which is consistent with his pleas of not guilty to conspiracy to murder and to murder. Accordingly, he must be sentenced on the basis that he demonstrates no contrition or remorse for his offending. His sentence is not to be increased for that, but no allowance in mitigation can be made for remorse or contrition. As he refuses to accept responsibility for the murder, his prospects of rehabilitation remain guarded. I am unable to make a positive finding on the balance of probabilities that he is unlikely to re-offend or has good prospects of rehabilitation. Nevertheless, in the circumstances of the present case, I conclude that the offender’s motive to avenge his grandparents’ murders lessens the need for personal deterrence and protection of the community: R v Swan [2006] NSWCCA 47. The offender’s lack of a prior criminal history of violence and good behaviour in custody re-enforces this conclusion.

90I accept Ms Davenport’s submission that concessions made on Anthony Perish’s behalf shortened the length of the trial and facilitated the course of justice. I take that into account in moderation of the offender’s sentence.

91Ms Davenport did not submit that special circumstances exist that justifies a variation in the statutory ratio between the non-parole period and the term of the sentence.

92Matthew Lawton did not give evidence at trial, or during the proceedings on sentence. His subjective circumstances are principally drawn from the history given to Tim Watson-Munro, a forensic psychologist. Matthew Lawton was born on 3 December 1966 and was 34 years old at the time of the offences. He is now 45 years old. He was born in Sydney and has a brother and sister, with whom he has no real contact. His parents are alive, but divorced when he was 21 years old. He had no contact with his father for about 20 years after the divorce. The offender describes a positive relationship with his mother, who is highly supportive of him.

93The offender left school, having attained the School Certificate. Thereafter, he was employed in various unskilled jobs and worked as a truck driver for 20 years prior to his arrest. Until about five years ago, the offender was an alcoholic. He told the psychologist that his father was a heavy drinker and described a difficult childhood and adolescence. The offender has been in several de facto relationships. He has two sons aged 18 and 14 years. He has been with his current partner for 8 years, who is supportive of him.

94Mr Watson-Munro expressed the opinion in his report dated 15 March 2012 that the offender has suffered a range of symptoms referable to an “Anxiety Disorder” according to DSM-IVTR criteria. Mr Watson-Munro opined that the offender’s primary problems relate to his incarceration and his appreciation of the gravity of the verdicts. He has ongoing anxiety and diminished self-esteem. The offenders overall mood state had deteriorated arising from the fact that he is in protective custody. Mr Watson-Munro stated that the offender is having no treatment and is currently suffering from suicidal ideation to the point where a psychiatrist consulted him on one occasion but no medication was prescribed, which Mr Watson-Munro considered, was indicated. In addition, he suffers from Sleep Apnoea which Mr Watson-Munro reported, should be addressed as a matter of urgency. The psychologist believed that the offender would respond best to Cognitive Behaviour Therapy to teach him effective skills to deal with his anxiety, depression and diminished self-esteem.

95It was not submitted by Mr Hanley that the offender’s health is a factor tending to mitigate punishment and enlivens the principles in R v Smith (1987) 44 SASR 587. There is no evidence to suggest that the concerns raised by Mr Watson-Munro as to the offender’s health cannot be adequately managed by the prison medical staff and that imprisonment will be a greater burden for him by his reason of his mental or physical condition.

96In a letter dated 6 November 2011, Graham Lawton, the offender’s father recounts his son’s assistance to an elderly neighbour, which he states is but one example of the offender’s compassion towards others. Wendy Lawton, the offender’s mother, refers in her letter to her son’s love and support and describes, in particular, his care and attention for his brother James, who suffers from a tumour. Leone Davidson, the offender’s aunt, also brings to the court’s attention, the offender’s compassion, love and importance in the lives of his family and close relations. Sharon Miller, in a letter dated 9 March 2012 states that the offender is a placid, loving, devoted father and a respectful considerate partner. I take all these matters into account.

97Mathew Lawton does not have a significant criminal record, which is a mitigating factor that I take into account. He has no convictions since 1995 and the offences are relatively minor. I give to this consideration, modest weight in mitigation, owing to the gravity of the present offences. It does also lessen the need for personal deterrence and protection of the community. Matthew Lawton has neither expressed nor shown contrition for his offending and no allowance can be made for those factors in mitigation. As he has not accepted responsibility for his actions, his prospects of rehabilitation remain guarded. Notwithstanding his strong family support and lack of prior offending, I am unable to make a positive finding on the balance of probabilities that he is unlikely to re-offend or has good prospects of rehabilitation.

98Mr Hanley submitted that some reduction in sentence might be allowed as Matthew Lawton has been serving his sentence in protective custody. It appears that the offender has, on his own volition, been held in a protective area in 10 wing Special Management Area Placement (SMAP) since 6 February 2012, as a result of allegations that he is a police informer. The details of his incarceration as a SMAP inmate are set out in the letter dated 14 March 2012 from Corrective Services NSW. The offender’s conditions of protective custody do not appear to be onerous. The main restriction, it seems, is that the offender is only permitted to mix with other inmates of the same protection status. I am not persuaded on the balance of probabilities that the offender will serve his sentence in conditions that are more difficult or onerous than other prisoners in the general prison population. Furthermore, I am unable to predict for how long that the offender will serve his sentence as a SMAP prisoner. I do not propose to reduce the offender’s sentence in the light of the current custodial arrangements.

99Mr Hanley did not submit that special circumstances exist that justifies a variation in the statutory ratio between the non-parole period and the term of the sentence.

100Andrew Perish was born on 19 January 1971. He was 30 years old at the time of his offending and is now 41 years old. His criminal history as an adult prior to the commission of the present offence, discloses that other than driving offences, he had been convicted on 13 September 1994 of conspiracy to manufacture a commercial quantity of a prohibited drug and placed on a 5 year good behaviour bond. There are no matters on his record either before or after the commission of the present offence that involve actual violence. He was, however, convicted in the Campbelltown Local Court on 28 June 2007 for an offence of stalking, with intention to cause fear and was placed on a s 9 bond to be of good behaviour for 2 years. On 24 March 2009, he was sentenced in the District Court at Campbelltown for manufacturing a commercial quantity of drug and possession of an unauthorised pistol in 2007. There were matters on a Form 1 that were taken into account. He was sentenced to an aggregate sentence of 5 years expiring on 4 April 2012 with a non-parole period of three years four months. The earliest date that the offender was eligible for release to parole was 4 August 2010.

101On 15 December 2011, he was convicted of attempting on 9 June 2010 to wilfully dissuade [A] from giving truthful evidence against him in committal proceedings. He was sentenced to imprisonment for two months to date from 10 August 2010. The offences committed by the offender, after the date of the commission of the conspiracy are not to be taken into account for the purposes of imposing a heavier sentence, but may be considered for the purpose of deciding whether he is deserving of leniency.

102The offender’s criminal history does not entitle him to leniency but it is not such that it is a matter of aggravation.

103Andrew Perish did not give evidence during the trial or upon sentence. In a report dated 9 March 2012, W John Taylor, a forensic psychologist details the offender’s family history. He is the fifth eldest child in the Perish family and like his brother Anthony, was raised on the family poultry farm at Leppington. The offender was close to his mother and very close to his grandfather. He left school at the age of 17 years after completing the Higher School Certificate examinations. He then completed a plumbing trade course at TAFE and obtained a certificate for the safe handling of chemicals. The offender was employed as an apprentice plumber with the Department of Public Works for about four years. After working as a plumbing sub-contractor for a couple of years, he commenced his own business contracting to farmers, working with a bobcat, slashing grass and other services. At the same time, he ran a beef feed lot and delivered his meat to butchers’ shops for some seven or eight years. He then had a rural supply shop in Camden supplying produce and other goods to farmers until he went to prison in April 2007.

104Mr Taylor recounts that the offender experienced a great deal of grief and trauma following his grandparents’ murder. He had idolised his grandfather. His consumption of alcohol increased and he became intoxicated about twice a week and began inhaling speed and using ecstasy and cocaine. He said that he was “self-medicating”.

105Whilst in prison, the offender has undertaken counselling and has completed the “Enough is Enough” program. Mr Taylor reports that the results of the psychometric tests that he administered, do not indicate that the offender has a personality disorder and that most of his attitudes appear to be pro-social. Mr Taylor is of the opinion that the offender has a low moderate risk of recidivism and has good prospects for rehabilitation. I take all these matters into account.

106Consistent with his plea of not guilty, the offender has neither expressed nor shown contrition for the offence and no allowance can be made for those factors in mitigation. He, also, has not accepted responsibility for his actions, and his prospects of rehabilitation remain guarded. Notwithstanding the views expressed by Mr Taylor, I am unable to make a positive finding on the balance of probabilities that he is unlikely to re-offend or has good prospects of rehabilitation. Nevertheless, as in the case of Anthony Perish, I conclude that the offender’s motive to avenge his grandparents’ murders, lessens the need for personal deterrence and protection of the community.

107Mr Terracini did not submit that special circumstances exist that justifies a variation in the statutory ratio between the non-parole period and the term of the sentence.

108James Falconer the deceased’s son read a victim impact statement to the court. The contents of the statement cannot be used by me to increase the offenders’ sentences: R v Previtera (1997) 97 A Crim R 76. I acknowledge the grief and distress of the deceased’s family and express on the community’s behalf its sympathy and compassion for them.

109The parity principle is of importance when sentencing each of the offenders. I have compared their separate culpability and subjective circumstances.

110In structuring the sentences to be imposed on Anthony Perish and Matthew Lawton, I have fixed an appropriate sentence for each offence and then considered questions of cumulation or concurrence as well as totality. As these offenders actions in reality reflect one course of criminal conduct, I conclude that the sentence to be imposed for murder can comprehend and reflect the criminality of the conspiracy to murder. I do not accept the Crown’s submission that there should be some partial accumulation of the sentences.

111I am required to sentence the offenders in accordance with sentencing practice in 2001 and not as presently prevailing. Although the statutory maximum for the offences has not altered, it is evident from the tendered Judicial Commission sentencing statistics, that sentences have increased since the advent of standard non-parole periods in 2003. Standard non-parole periods have no application to the present sentences. I take into account the sentencing statistics, but each case depends on its own facts and circumstances. I believe the sentences I am about to impose are consistent with the sentencing range current at the time of the offending.

112The agreed date for the commencement of Anthony Perish’s sentence is 19 March 2009. As the offences were committed before 1 February 2003, the repealed section s 44 of the Crimes (Sentencing Procedure) Act applies. I do not consider that “special circumstances” exist which justify the non-parole period being less than three-quarters of the term of imprisonment.

113Anthony John Perish for the murder of Terrence Falconer, you are convicted. I sentence you to a term of imprisonment of 24 years which is to commence on 19 March 2009 and is to expire on 18 March 2033. I fix a non-parole period of 18 years which is to commence on 19 March 2009 and is to expire on 18 March 2027.

114Anthony John Perish for the conspiracy to murder Terrence Falconer, you are convicted. I sentence you to a term of imprisonment of 14 years which is to commence on 19 March 2009 and is to expire on 18 March 2023 I fix a non-parole period of 10 years 6 months which is to commence on 19 March 2009 and is to expire on 18 September 2019.

115The earliest date that you will be eligible to be released on parole is

18 March 2027.

116The agreed date for the commencement of Matthew Lawton’s sentence is 27 January 2009. I do not consider that “special circumstances” exist which justify the non-parole period being less than three-quarters of the term of imprisonment.

117Matthew Lawton for the murder of Terrence Falconer, you are convicted. I sentence you to a term of imprisonment of 20 years, which is to commence on 27 January 2009 and is to expire on 26 January 2029. I fix a non-parole period of 15 years which is to commence on 27 January 2009 and is to expire on 26 January 2024.

118Matthew Lawton for the conspiracy to murder Terrence Falconer, you are convicted. I sentence you to a term of imprisonment of 10 years which is to commence on 27 January 2009 and is to expire on 26 January 2019. I fix a non-parole period of 7 years 6 months which is to commence on 27 January 2009 and is to expire on 26 July 2016.

119The earliest date that you will be eligible to be released on parole is

26 January 2024.

120The agreed date for the commencement of Andrew Perish’s sentence is 4 October 2010. I note that he had been serving sentences imposed in the District Court, the full term of which expired on 4 April 2012. No submission was made either by the Crown or Mr Terracini as to whether the present sentence should be imposed partially concurrently or consecutively upon the District Court sentences. It seems from the agreed date that both parties consider accumulation upon the first date Andrew Perish was eligible for release on parole after the service of the sentence imposed by Hock DCJ, to be appropriate. I do not disagree. In considering the principle of the totality of the criminality, such accumulation, in my view, adequately reflects the criminality of the offence of conspiracy to murder and the aggregate sentence is just and appropriate: Mill v The Queen (1988) 166 CLR 59, Johnson v The Queen (2004) 78 ALJ 616. I do not consider that “special circumstances” exist which justify the non-parole period being less than three-quarters of the term of imprisonment.

121Andrew Michael Perish for the conspiracy to murder Terrance Falconer, you are convicted. I sentence you to a term of imprisonment of 12 years which is to commence on 4 October 2010 and is to expire on 3 October 2022 I fix a non-parole period of 9 years which is to commence on 4 October 2010 and is to expire on 3 October 2019.

122The earliest date that you will be eligible to be released on parole is

3 October 2019.

 

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The Milperra Massacre


MILPERRA MASSACRE, FATHERS DAY AT THE VIKING TAVERN SEPTEMBER 2 1984

UPDATE JAN 22 2014 These  pics recently fell into my hands and as I get so many requests about any recent images of Jock this is the best you are every going to get!

William 'Jock' Ross - Founder and Supreme Commander of the Comancheros Motorcycle Club (circa 1965 to 1984) click to enlarge

William ‘Jock’ Ross – Founder and Supreme Commander of the Comancheros Motorcycle Club (circa 1965 to 1984) click to enlarge

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. Click the image for a larger view

jock-ross memorial visit

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

WAY DOWN THE BOTTOM AFTER THE PHOTO OF LEANNE  WALTERS, THE 14YR OLD GIRL WHO WAS ALSO KILLED THAT DAY, ARE GRAPHIC IMAGES OF THE COMANCHEROS AND BANDIDOS BIKIES KILLED THAT DAY…

CONSIDER YOURSELF WARNED…

IF SOME OF THESE WANNA BE “NIKE BIKIES” SAW THESE PHOTOS MAYBE THEY WOULD THINK TWICE ABOUT INKING UP AND CARRYING WEAPONS THINKING THEY ARE MOVIE STARS

UPDATE 18/06/12

I have been swamped with searches and queries on current day pics of the main players since the TV show has been aired. Not surprisingly the ones who are still alive, are living their lives in a much different way to how the did 30 years ago. The main ones I get and for Jock Ross and Snoddy Spencer. If anybody has links to other pics let me know via the comments or an email and I will post them. Same goes for any video footage on youtube or elsewhere…

Some new ones I came across via and reader.cheers

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Here is one I have been sent in the last few days,of Snoddy, who killed himself in jail following the massacre. 

Snoddy Spencer back in the day

The aftermath was devastating for all

The Milperra Massacre was a firearm battle between rival motorcycle gang members on September 2 (Father’s Day) 1984, in Milperra, a south-western suburb of Sydney. Seven people were killed: six motorcycle gang members and a fourteen year old female bystander.

The massacre

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

Aftermath

As a result of the massacre, the New South Wales Firearms and Dangerous Weapons Act 1973 was subsequently amended. The court case following the “Milperra Massacre” was at the time one of the largest in Australian history. In total forty-three people were charged with seven counts of murder. Christopher Murphy, Solicitor, acted for the Banditos’ members charged as a result of the incident. Greg James QC, as he then was, represented all but one of the Banditos’ members during their trial, that being Colin Campbell. Greg James QC was Juniored by a number of Junior including John Korn, Andrew Martin, and Philip Young. Mr. Campbell was represented by Mr Greg Woods QC, as he then was.

During the longest joint criminal trial in NSW history, armed members of the Tactical Operations Unit were stationed in the courtroom and witnesses required armed guards from the Witness Security Unit to escort them home. More than two years later, on June 12, 1987, the jury delivered 63 murder convictions, 147 manslaughter convictions and 31 of affray. The judge in the case named the instigator of the violence as William “Jock” Ross, the “supreme commander” of the Comancheros, saying “Ross was primarily responsible for the decision that members of his club go to Milperra in force and armed”. Ross received a life sentence for his role in the violence.

Eight other members of the Comancheros gang received life sentences and 16 Bandidos received sentences of seven years for manslaughter. Interestingly, as the Bandidos arrested were charged in regards to all the deaths, this resulted in one being found guilty of the manslaughter of his own brother. Commonwealth Games gold medallist boxer Philip McElwaine was the only motorcycle club member to be acquitted at trial of the manslaughter and murder charges that were brought against him.

2007

In a repeat of the circumstances that led to the Milperra massacre, in early 2007 more than 60 members of the Parramatta and Granville chapters of the Nomads, previously affiliated with the Comancheros, defected to the Bandidos. The defection resulted in a new eruption of violence between the Comancheros and Bandidos involving fire-bombings and drive-by shootings. New South Wales Police set up Operation Ranmore to stop the violence escalating, which has resulted in 340 people arrested on 883 charges as of January 2008.

Movie plans

In 2002, Australian film maker Martin Brown produced a documentary titled 1% One Percenters Search For A Screenplay in an effort to raise interest for a big budget movie of the massacre. The documentary, first aired on 2 February 2003, follows Brown as he looks for screenwriters, funds and a director for his movie. It includes interviews with the police investigating officer, ex superintendent Ron Stephenson, Comanchero president “Jock” Ross, Bandido vice president “Bullets” and several other Milperra survivors.

Book

“Brothers in Arms” is a book by Lindsay Simpson and Sandra Harvey.

Television mini-series

A television mini-series Bikie Wars: Brothers in Arms based on the book will screen on Network Ten in 2012. The screenplay was written by Greg Haddrick, Roger Simpson and Jo Martino. It is directed by Peter Andrikidis. It stars Callan Mulvey, Matthew Nable, Susie Porter, Maeve Dermody, Anthony Hayes, Todd Lasance, Luke Ford, Jeremy Lindsay Taylor, Damian Walshe-Howling, Nathaniel Dean and Luke Hemsworth.

A GALLERY OF IMAGES FROM THAT DAY…I HAVE OTHER VERY GRAPHIC PHOTOS OF THE DECEASED TAKE BY POLICE AT THE VERY BOTTOM OF THIS POST…

PLEASE DO NOT LOOK IF YOU ARE OFFENDED BY DEAD BODIES AND BLOOD

Massacre At Milperra

Monday 3rd September 1984

Seven people are dead and 20 injured after a motorcycle enthusiasts’ picnic went horribly wrong in Sydney’s south-west yesterday. The recreation day, organised by the British Motorcycle Riders Club at the Viking Tavern in Milperra, broke out into a wild brawl just before 2.00pm. More than 30 men were arrested and police have already questioned over 500 witnesses in what is being described as ‘the Milperra massacre’. Although no charges have been laid, many are expected in the immediate future.

The Tavern’s car-park exploded into violence when two bikie gangs, the Comancheros and the Bandidos, arrived there at around 2.00pm The previously peaceful meeting turned into chaos as two shots rang out.

The crowd, including families with young children,scattered. ‘People took off in all directions. As I ran I was worried I was going to get a bullet in the back.’ said one of the British Motorcycle Association members.

The event had been organised to coincide with Father’s Day and was widely advertised. It was a regular motorcyclists’ function–a swap meet– where enthusiasts gather to exchange motorcycle parts and socialise. The organisers had planned a barbecue and hired a band to provide entertainment. The day had a family atmosphere.

Trapped witnesses say the shoot-out lasted 15 minutes

An estimated 30 shots were fired in the first 10 minutes and people hid wherever they could to avoid the crossfire.

Witnesses say the shootout lasted 15 minutes and the gangs trapped 40 bystanders inside one of the tavern bars as they fought it out.

One of the dead was a 14-year-old girl–all others slain were men. Fourteen ambulances attended the scene and armed security guards have been placed on hospital wards.

Mr Wes Graham, 23, who was on the hotel porch when the bloodbath began, saw one man shot in the head. ‘I saw another guy shoot someone in the guts, and he just keeled over and then the girl was shot. She wasn’t even doing anything.’ he said.

The police response was quick and decisive. One hundred officers were at the scene, including members of the crack Tactical response Group and the Special Weapons and Operations Team. The police could not stop the killings which had happened so quickly but were there to diffuse violent outbreaks during the afternoon as people were detained for questioning.

Members of the bikie fraternity believe that yesterday’s massacre was planned. The two gangs, the Comancheros and the Bandidos, split up 18 months ago and had been feuding ever since. ‘Reports so far suggest that these blokes had decided beforehand to sort themselves out at Milperra,’ said Mr Ross Goodman, President of the NSW Motorcycle Riders’ Association.

Brothers in Arms

Brothers in Arms

By Sandra Harvey

Format: Paperback, 288 pages

Other Information: 16PP b&w PHOTOS

Published In: Australia, 01 April 1989

Father’s Day 1984: seven people die in a blaze of gunfire on a sunny afternoon in a hotel car park.Among the dead, a fifteen year old girl caught in the crossfire when two heavily-armed bikie gangs, the Comancheros and the Bandidos, clash. Brothers in Arms tells the extraordinary story of this murderous outbreak, from its vicious beginnings in the closed world of Sydney’s motorcycle gangs to its inevitable end in death and imprisonment.

 

Wrecking Crew

Wrecking Crew

Caesar Campbell, Donna

Macmillan Publishers Aus., 01/09/2011 – 288 pages

Wrecking Crew’ takes you into the heart of the Bandidos, and the outlaw biker world, through the eyes, fists and boots of Caesar Campbell, founding member of the Bandidos in Australia and the club’s first sergeant at arms and legendary enforcer. Jailed for seven years after the bloody ambush at Milperra that saw two of his brothers killed, Caesar led and protected the other imprisoned members of his club inside some of Australia’s toughest jails. But when he was finally released Caesar found that the world of the outlaw motorcycle gangs was changing, and that his particular values of courage, brutal force and utter loyalty to your club were making him more enemies than friends. And with Caesar Campbell you’d rather be a friend than an enemy…

THE critics are already calling Brothers in Arms “Underbelly on wheels” but the real Milperra massacre was more like hell on wheels.

By the time Glen McNamara and other detectives screamed into the Viking Tavern carpark on that Father’s Day 28 years ago, bullets were still flying and bodies piling up.

McNamara and his colleagues were dressed in jeans and T-shirts and armed with service revolvers — hardly the safest combination for perhaps the biggest gunfight on Australian soil since the Kelly Gang’s last stand or even the Eureka Stockade.

“Bikes were overturned and cars were parked everywhere and bikies were down, injured,” recalls McNamara.

Gunsmoke hung in air that reeked of cordite and blood.

McNamara and his mates crouched between cars and advanced across the carpark motorcycle swap-meet that had turned into a battleground.

He immediately tripped over a warm, bleeding body.

Comancheros enforcer Mario Cianter had just been cut down with a shotgun blast.

“His chest was blown away and still smoking, like a burnt sausage cut open,” says McNamara.

Five other bikies were dead — and 28 injured, 20 badly.

But the worst thing about Milperra was that a 14-year-old girl, Leanne Walters, was shot dead while selling raffle tickets. She was hit in the face with a .357 round from a handgun.

Milperra produced the longest-running and one of the biggest criminal trials in our history: 42 Bandidos and Comancheros went down on 63 murder and 147 manslaughter charges.

Only one, former Commonwealth Games gold medal boxer Phil “Knuckles” McElwaine, was able to beat the homicide rap.

Television drama being what it is, unlike the book it’s based on, the depiction of this outrage on Channel 10 over the next few weeks will bear only a passing acquaintance with reality.

That’s taking nothing away from the makers, just a fact of show business life.

The truth is, of course, that like the main players in Melbourne’s underworld wars, underneath the gang “patches” the “outlaws” on their iron horses were no more than drug dealers and their hired muscle fighting over a hugely profitable trade. Still are.

The drug trade is global and so is the bloodshed it breeds.

The recent outbreak of shootings among outlaw biker gangs here mimics “wars” in North America, Scandinavia and Germany.

In each case, it’s about “new” gangs taking on old ones, mostly over drug money.

Meanwhile, in Melbourne, police are still looking for the guns used to shoot Bandido heavy Toby Mitchell last November. Another episode in a never-ending and bloody story.

Father pleads ‘Don’t turn my little girl into bikie moll’

April 01, 2012

THE father of the 14-year-old girl shot dead in the Milperra bikie massacre is terrified his daughter will be portrayed as a “bikie moll” in a new television series about the tragedy.

Rex Walters at his home in Ingleburn. His daughter Leanne was shot and killed during the bikie Milperra massacre.

Rex Walters, 68, says he feels Channel Ten should have consulted him before making the adaptation of the book Brothers In Arms, which documents the deadly shoot-out between bikie gangs The Bandidos and The Comancheros, on Father’s Day 1984.

His daughter Leanne was caught in the crossfire and was the only non-bikie among the seven killed.

Speaking to The Sunday Telegraph about his concerns, Mr Walters said: “I really wish they had spoken to me. There have been bad things written about her in the past which aren’t true. What sort of clothes will they have her in? I still have the outfit she wore when she died – it was a lovely jumper, a belt and jeans – they weren’t the clothes of a bikie. I just want my daughter to be remembered properly.”

In the book, Leanne is described as a girl from a broken home, who got involved with the bikies because she didn’t have a family support network.

Mr Walters, from Ingleburn, admits Leanne was living away from her parents but said: “We had a good relationship — the last conversation I had with her was that she was coming to see me on Father’s Day.”

He also said stories about why she was at the Viking Tavern were untrue.

“She was there with a friend of mine. She loved his bike and wanted to go to the bike swap meet. It wasn’t because she was involved with a bikie.”

A Ten spokesman said the series focuses on the relationships between the key members of the motorcycle clubs.

BELOW AFTER THE PHOTO OF LEANNE  WALTERS WHO WAS ALSO KILLED THAT DAY ARE GRAPHIC IMAGES OF THE COMANCHEROS AND BANDIDOS BIKIES KILLED THAT DAY…CONSIDER YOURSELF WARNED…

IF SOME OF THESE WANNA BE NIKE BIKIES SAW THESE PHOTOS MAYBE THEY WOULD THINK TWICE ABOUT INKING UP AND CARRYING WEAPONS…

Leanne Walters was shot and killed during the bikie Milperra massacre.

Comanchero shot dead where he stood and died instantly

Comanchero “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

Comanchero “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.

Comanchero “Foggy” was shot in the centre of the chest with a .357 magnum “Rossi” rifle. He remained where he fell and died almost instantly.

Comanchero “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.

Bandido “Chopper” was shot with two blasts of a shotgun to his chest and died instantly.

Bandido “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.

Caesar Campbell – OLD bikies never die. They don’t mellow, either.

Paul Kent

The Daily Telegraph

August 28, 2010

OLD bikies never die. They don’t mellow, either.

Caesar Campbell, the biggest and baddest of all, took three shots at the Milperra Massacre.

Between the second and third shots – a shotgun followed by a .38 – he reached over to tear the throat out of Comanchero Ivan “Sparra” Romcek, who died right there. He was 38 then. Caesar, not Sparra.

He is 64 now, sitting in the lounge-room of his home in the Snowy Mountains region, with pictures of his brothers on the wall as clean-cut young men. Then there is the other photograph, the brothers photoshopped together with their bushy bikie beards.

Here are the two sides of the man called Caesar.

Moments earlier, his son walked into the lounge room and grabbed his father by the hand and leaned over to kiss him on the forehead.

“Hey Dad,” he said.

“Son,” said Caesar.

Amid all the Bandidos paraphernalia decorating the room, sitting on the coffee table is a single sheet of paper – a hospital report from January this year. It details the two scars across Caesar’s forearm, the scar across the shoulder that bisects a tattoo and the pale scar that runs across his cheek.

“I told the cops I had a run in with sheet metal,” Caesar said, explaining the scars.

Four pieces of sheet metal, to be exact.

“I was walking a bit behind the woman,” he said, indicating his wife Donna, “and one of them decided he was going to put his hand on her shoulder. So I stepped on the four bits of sheet metal and one of them had a jagged edge and happened to get me.

“But,” he said, “the jagged edge had a piece of metal go up here,” and he pokes the soft skin under his jaw, “and it come out here.”

He points to where the steel came out through the tongue.

The obvious hazards of scrap metal are not all the dangers ex-bikies face.

Caesar has been shot more times since he left jail than he was at Milperra, when along with his brothers Shadow, Bull, Wack, Snake and Chop he took on the Comanchero in the most famous bikie brawl in Australia.

In the new book Enforcer, which Donna wrote with the help of her friend Liz – out on Monday and described by Donna as “97 per cent fact and 3 per cent fiction” – Caesar details how the war started, not because the Comanchero had split over issues of power, as was pushed in court, but because the Campbell brothers had caught Comanchero president Jock Ross having an affair with a club member.

Ross soon split the club so he didn’t have to answer charges, and the city chapter eventually patched over to become Bandidos.

Guerrilla attacks escalated until the two gangs ran into each other at the Viking Tavern on Father’s Day 1984, when seven eventually died.

Caesar was the second man shot after his brother Snake, two blasts of a shotgun putting him down next to Sparra before a Comanchero named Robert “JJ” Heeney – or maybe it was his Ol’ Lady, Caesar always thought she had more balls – shot him with the .38 that lodged under the skin in his forehead.

He can’t remember a lot of what happened next. The .22s, he said, sting, while shotgun blasts are more like being thumped with a baseball bat.

The last time he was shot was several years back when he was watering his lawn and a car rolled past, with the windows coming down. He dropped the hose and opened his arms when – crack, crack – two .22s hit him in the guts.

“Is that the best youse can f … ing do?” he yelled at the fleeing car.

It never stops for old bikies. Just two weeks ago he was having a drink at his local when it started again.

“A bunch of Lebs sitting in two cars,” he said, “and the ‘big, bad bikie’ thing came out. They got out of the cars. They were about 23, 24, and there was seven of them. I decked three and the other four didn’t want nothing to do with it.”

At a rough count Caesar, an underground fighter and the Bandidos’ sergeant-at-arms, has had about 800 fights.

That works out to be about a fight every three weeks since he had his first at 14, when his father put him in a boxing tent.

In all that time nobody has ever dropped him to as much as a knee. He used to worry about losing. In his 40s he was sure it was near and in his 50s he was certain. But it still hasn’t happened and he is content now, at 64, that if it does happen it will be because of his age and not because the other bloke is better.

“Unless, of course, it’s another bloke in his 60s.”

The fascinating part is that it keeps happening. Might it be because, nowadays, he looks more like an old bloke trying to look like a bikie, rather than the 24-carat real deal?

“They look and they see a 60-year-old bloke and they think he’s not going to be much trouble,” Caesar said. “And normally a 60-year-old bloke, to a 20 and 30-year-old, isn’t going to be any trouble.

“But I’ve been hit with baseball bats, bricks, shot, stabbed, hit with a car …

“I can take a thump and it doesn’t affect me so much.”

Years back he was in a pub toilet when a rival bikie told him some blokes in the carpark were loading his bike onto the back of their ute.

“Put the bike back down,” he said when he found them. Soon after, two were unconscious and the third was groaning. Caesar then took

a boning knife he kept on his belt and sliced the little finger off each of them, then wrapped them in a handkerchief. When he got home he tossed the small package to Donna.

“Not more fingers,” she said. He already had another 20 or so kept in a jar.

Not that he is always looking for a fight. Some years back he was in a pub when a bloke started in on him.

“You’re built like a brick shithouse,” he kept saying. “How big are you?”

It got to the point where Caesar stood up and walked to the pub next door. Shortly after the bloke was there, too.

“How big are you?” He got up again and began to walk out through the toilets, when the bloke grabbed him on his colours. “I thought, ‘F … why’d you have to do that?”

Milperra – the spark that started the bikie violence

By Paul Kent

The Daily Telegraph

April 11, 2009

IT begins with an open window. Everything today, the escalation in violence, the historical hate between the Bandidos and Comanchero, begins with that window.

As secrets go, Colin “Caesar” Campbell has been hanging on to the secret of that window for 26 years.

Like his brothers Bull (Phillip), Snake (Geoff), Wack (John), Chop (Mario) and Shadow (Gregory), Caesar was once a Comanchero.

They were the Wrecking Crew and together with the McElwaine brothers – Knuckles (Phil), Gloves (Mark) and Dukes (Greg) – the unofficial muscle of the gang.

“They could walk into a room of a hundred men and clear the room,” said Bear Campbell, an adopted brother. They broke away in 1983 because of the window.

Not even the Comanchero that remained, the ones that stayed loyal to then-president William “Jock” Ross when the gang split in 1983, knew about the window.

They still don’t.

“You’re just the ninth person to know this,” Bear said yesterday. “And four are dead.”

Bear is Caesar’s adopted brother, and we are talking about Caesar’s secret. Caesar is 62, the last surviving original Bandidos office-bearer, and despite a recent stay in hospital he can still clear a room if he must.

From retirement Caesar watches the latest escalation of bikie violence, filthy at the attacks on homes where children sleep, adamant this was never what it was about.

Those naive to their war might point to Milperra, but Caesar insists back then they had honour. Indeed, Milperra was all about honour.

Police still believe the war began over turf, or drugs, or a combination of both. They alleged it in court in 1984, some seven weeks after the violence in the carpark of Milperra’s Viking Tavern, when six bikies were shot dead, as well as 14-year-old Leanne Walters.

Now, for the first time, Caesar Campbell has let go of the secret that cost him two brothers – Shadow and Chop – at Milperra, and which would see Wack die three years later from illness caused by the massacre.

“One of the Campbell brothers and another member went to another member’s house and saw Jock Ross’ vehicle out the front,” he said.

“They went to the front door and looked through the window and saw Jock and the other member’s wife in a compromising position in the lounge room.

“They knocked on the door, they answered the door, and both members looked at Jock and turned around and came straight to me and told me about it.

“It was then that it was decided that Jock would be brought up on charges of committing one of the greatest offences that you can make in a motorcycle club – apart from selling heroin and making a police statement – by making love to a member’s wife.”

Ross had broken one of the 10 club rules he drew up himself, namely Club Rule 4: “Any member found guilty of screwing another member’s Ol’ Lady, or taking advantage of a rift between them for future conning up, will be thrown out.”

The Campbells and McElwaines, their bond born in battle, were filthy.

Caesar won’t reveal the member’s identity now out of respect to his children but as sergeant-at-arms he ordered Ross to the next club meeting to face charges.

He failed to show.

He failed to show at the next meeting, too, but walked into the third, announced he was splitting the Comanchero into two separate chapters, and walked out.

The Wrecking Crew went to the city, opening their clubhouse at 150 Louisa Rd, Birchgrove. Ross’s clubhouse remained at 65 Harris St, Harris Park, in western Sydney.

Relations remained strained but workable until the club’s annual run. It broke down amid fights and threats, and the city chapter returned and voted to break away.

Police believe the breakaway occurred shortly after Christmas 1983, when Anthony “Snotty” Spencer and Charlie Scibberas flew to America to seek permission to form an Australian Bandidos chapter.

What actually happened was “Snotty” and Charlie had gone to America two years earlier to buy Harley-Davidson parts, met Charles “Ha Ha Chuck” Gillies, president of the Bandidos’ Albuquerque chapter, and now Snotty and Shadow called Ha Ha Chuck. “Within a week it was granted,” Caesar said.

A set of colours were made and taken to Caesar for approval.

More colours were ordered, but for 10 days Caesar was the only man in colours. For 10 days he was president, vice-president, sergeant-at-arms, treasurer and secretary.

Bashing and clubhouse attacks took place until August 1984, when Snotty and Jock officially declared war in a phone call.

Caesar declared homes and places of work off limits. Everywhere else was fair game.

It was unlike today’s bikie war, where homes are now a target of choice, and small attacks continued until Father’s Day 1984.

Among the dead and bloodied at Milperra, Caesar was shot six times.

He was thrown into a car and dropped off at Bankstown Hospital. Some weeks later Caesar gripped the back of his chair while his Ol’ Lady Donna pulled four remaning shotgun pellets from his back with tweezers and a buck knife and no anaesthetic.

Much of what the gangs believed they stood for then is now lost.

Caesar does not see the honour he once stood for, and still stands for.

Some time before Milperra the American Bandidos visited Australia and noticed the Australian patch, the fat Mexican brandishing a pistol, was wrong. The American Bandido has a white beard. The Australian version was black. They ordered the patches back so they could be burned and replaced with the correct patch.

No, said Caesar.

On his jacket was the blood of his dead brothers. He wasn’t giving it up. The Americans insisted, saying the club stood above all else.

Caesar knew in that patch was the blood of everything he stood for, so he looked at the Americans and said, “If you want it, come and get it”.

Caesar, the original Bandido, is the only man in Australia to still have that patch.

Entire Sharma family found dead in home-Murdered by their father who hanged himself


Very sad situation in 2 states today, in the first what seems to be a murder suicide of a family of 2 children and 2 adults in Glen Waverley in Victoria as well as another murder suicide in NSW at Fishing Point. Updates a bit later on. Condolences to the families and friends of those left behind. It is a terrible way to end ones life, taking out other family members is never the solution and can never ever be accepted under any circumstances

UPDATE 09/05/12

HUNDREDS of mourners have gathered for the funeral of the tragic family of four who died in Glen Waverley last week.

Family and friends began farewelling Nilesh and Priti Sharma and their children Divesh, 5, and Divya, 3, in a joint funeral at the Springvale Botanical Cemetery at 1.15pm.

Family and friends began farewelling Nilesh and Priti Sharma and their children Divesh, 5, and Divya, 3, in a joint funeral at the Springvale Botanical Cemetery at 1.15pm.

The service was being conducted in Hindi before a private cremation.

The ashes are expected to be scattered in India or Fiji.

Four coffins were carried into a church in front of mourners still grappling with their sorrow.

Some people from the tight-knit community were paying their respects from outside the chapel that was at capacity.

Family friend Barbara Nagaiya said the grandparents were “devastated” about losing their grandchildren.

“They are very shocked. But now it’s done and gone, you can’t be angry. You still love your children and grandchildren,” she said.

Michael Sharman used his close friends’ funeral to plead for others to change their ways.

“If you have any problems try and sort them out. Talk to people – there is always a solution to everything,” he said.

“It’s shock and sadness. These things shouldn’t happen.”

Hindu Council Victoria president Pandit Abhay Awasthi said the deaths devastated the community.

“It shattered us,” he said. “It’s a sad day for the Indian community of Victoria.”

The family was found dead in their Glen Waverley home last Tuesday in an apparent murder-suicide.

Police were believed to be investigating whether Mr Sharma had turned on his family because he feared his marriage was breaking up.

The Herald Sun believes investigators are exploring indications the relationship between Nilesh and Priti was under stress in the period before last week’s tragedy.

Divesh and Divya were found in the beds where they are believed to have been murdered.

A relative who went to the Marcia Court house to check on the family saw one of the dead children through a window and alerted police.

The children and Mrs Sharma are believed to have been suffocated.

Mr Sharma was found hanged.

Sources who knew the family said they did not know Mr Sharma was under pressure or that he could be capable of killing his family.

They were not aware of him discussing any domestic issues which might caused the tragedy.

But they are now viewing a car smash involving the family in a different light.

All four were lucky to survive when a Honda driven by Mr Sharma ran off a road and hit a tree before bursting into flames in the Dandenong Ranges late last year.

Mr Sharma said he blacked out before the collision at Sassafras.

But many who had no reason to doubt four months ago are now wondering whether that was a first attempt at a tragic murder-suicide.

“Everybody thought it was an accident. It appeared on the surface to be an accident (but) there is a big suspicion hanging over that now,” said a source, who knew the Sharmas.

The Sharmas moved to Melbourne about 15 years ago.

Preetika Sharma, Nilesh, daughter Divya and son Diveish (obscured) pictured last week

update-It has been confirmed that the mother Preetika, the son,Diveish, and daughter Divya we found dead in their bedrooms andNilesh was found hanged in another area of the house…

Two adults, two children found dead in Glen Waverley house after welfare check

Uncle Abhay Singh said his daughter phoned him today to tell him the news that Nilesh Sharma, 36, his wife Preetika, 32, five-year-old son Diveish, and three-year-old daughter Divya were dead.

“I was devastated. I fell into pieces. It’s very sad,” he said.

He said the family attended his son’s birthday party last week and they seemed happy.

Mr Singh said the couple did not have marriage problems and he believed they died from a leaking gas tank.

“It’s a mystery,” he said.

“The kids were very amicable, well mannered, polite and well presented.

“We are all devastated. Very shaken – a whole family is destroyed.”

Mr Singh said Nilesh was an accountant and Preetika was also a professional.  He said the family survived a car crash in the Dandenong Ranges late last year.

A Victoria Police spokeswoman said officers were called to a house in Marcia Court, Glen Waverley at 10.50am to make a welfare check.

They found the bodies inside. The property has been cordoned off.

“The homicide squad has been notified and are attending with the Monash Criminal Investigation Unit,” the spokeswoman said.

“The circumstances of the death are under investigation and are yet to be established.”

Neighbours have been left shocked.

“I saw a girl about mid 30s or 40s and a young girl there. They seemed ok so I wasn’t suspicious or anything,” neighbour Josh said.

Diveish Sharma, 5, and his sister Divya, 3, were found dead in the Glen Waverley home

“I only ever saw one child, a girl aged about 10.”

Another neighbour, George, said he saw a family of three often go into the house, with a child aged as young as four.

“I used to see him playing with his daughter,” he said.

“I feel terrible. I’ve been here 30 years and this has never happened.”

Police have cordoned off a home in Marcia Ct, Glen Waverley when four people were found dead. Picture: Derrick den Hollander

Another Marcia Court resident said he had no idea what had happened.

He said it was the first time he had seen police in the street.

“We are a very peaceful court. It’s a very small court,’’ he said.

“I have been here 22 years nothing (has) happened.’’

Horror in suburbia: four dead in house

May 1, 2012

Police outside the house in Marcia Court, Glen Waverley.

Police have confirmed that two adults and two children were the dead bodies found in the house at Glen Waverley.

The uncle of the two children, a boy and girl, aged 8 and 4, said the family were “absolutely shattered” on hearing the news.

“It’s a real mystery, we just do not know what has happened,” the uncle said.

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Abhay Singh said he visited the family regularly and they never seemed to have any problems.

“They were a really lovely family, very reserved. He was an accountant, she was also well qualified. It is shattering. I don’t know how anyone can recover from that.”

Mr Singh said he attended a birthday party with the family quite recently and all seemed well.

He said the father and mother of the children, aged in their 30s, had come to Australia from Fiji about 15 years ago and had lived in the Marcia Court home for about three years.

Homicide detective senior sergeant Dave Snare said police arrived at the scene about 11am today after receiving a call from someone concerned about the welfare of the family.

He said at this stage police were not looking for any suspects.

A Victoria Police spokeswoman said police arrived to find four bodies inside the home. She could not give any information about the bodies, including their ages or whether they were members of the same family.

There is a strong police presence at the tree-lined court which has well-tended gardens and brick veneer homes.

“The homicide squad has been notified and are attending with the Monash criminal investigation unit,” the spokeswoman said.

“The circumstances of the death are under investigation and are yet to be established.”

The tiny court has now been sealed off. A silver sedan is parked in the driveway of the home where the bodies were discovered. There was also a red hatch outside.

A neighbour whose home backs on to the property where the bodies were found said a woman lived at the brick single-storey home and that she had a young daughter.

The neighbour said it was a quiet street and locals were shaken to hear about the deaths.

A police chaplain visited the home this morning.

Chaplain Jim Pilmer said that the dead were Hindus and he was trying to organise appropriate support for relatives.

“I will visit the next of kin and provide support to them,” the chaplain said.

Michael Sawaya, whose father is a long-time resident in the court, said a Fijian-Indian family had lived there for about three or four years.He believed they were a husband, wife and two children.

“Everybody knew the kids, they were real cute.”

The homicide squad’s detective senior sergeant Dave Snare is expected to reveal details of the deaths at a 3pm media conference.

Neighbours said the family living at the property kept to themselves and never appeared to be in any trouble.

http://media.theage.com.au/news/national-news/four-dead-in-suburban-home-3261507.html