Caleb Jakobsson charged over fatal Carrum Downs mini-motorbike crash to remain on bail despite breaches


(I’m having a few issues publishing images so hang 5, they will show up soon.)

This is not within community standards surely? Who cares if he misses his girl blah blah? He killed and expectant mother because he did not give a fuck! Why should we about him. Back to jail son and think about your crimes.

8 breaches whilst on parole and the magistrate says nothing wrong here…continue!

He ran over an innocent mum walking to the shops using a crossing…


Andrea Lehane pictured with her husband James

Andrea Lehane pictured with her husband James

Updated 3pm 16/05/2016

Caleb Jakobsson court sketch

A teenager charged over the death of a Melbourne mother in a mini-motorcycle crash will remain on bail despite committing eight breaches, with a magistrate citing evidence that he is a “changed individual”.

Caleb Jakobsson is accused of running over Andrea Lehane outside a Carrum Downs shopping centre in September last year.

The Melbourne Magistrates Court was told the 19-year-old had breached the conditions of his bail at least eight times since being released from protective custody in prison in October.

The breaches included failing to adhere to a curfew and another incident which was suppressed by the court.

Magistrate Charlie Rozencwajg said he expected someone on bail while facing the serious charge of culpable driving causing death “would toe the line to perfection”.

“It is not so with you,” he said.

Magistrate Rozencwajg said Jakobsson had acted in a way that was disrespectful to Ms Lehane’s loved ones, but that bail was about risk.

Jakobsson breached bail because ‘he’s in love’

The 19-year-old has been staying with a relative in country Victoria.

A hearing last week was told Jakobsson had broken his curfew imposed by court after falling in love with a single mother.

The relative Jakobsson is living with gave evidence after reporting him to police over eight breaches, telling the court he had been out with his girlfriend and new friends.

“He’s in love, I know it’s not an excuse. Often I knew he was local and wouldn’t pose a threat,” she said.

“I thank God I went to the police because he’s had a real change of heart.”

The woman had to re-pledge she would immediately report any further breaches of bail.

Magistrate Rozencwajg said the family member had told the court “since the last hearing, [Jakobsson] has been a changed individual”.

He granted Jakobsson bail with more stringent conditions until his next court hearing in June.

From other news sites:

Herald Sun: Monkey bike death accused Caleb Jakobsson to stay on bail

Teen charged over fatal Carrum Downs mini-motorbike crash granted bail


By Karen Percy

Updated 20 Oct 2015, 4:45pm

A court sketch of Caleb Jakobsson, who has been granted bail. (Supplied)

Caleb Jakobsson court sketch

A teenager facing charges over the death of a mother of two who was fatally injured in a mini-motorbike crash in a Melbourne shopping centre has been granted bailed.

It is alleged Caleb Jakobsson was driving a mini-motorbike in the car park of the Carrum Downs complex when he struck Andrea Lehane.

Justice Phillip Priest imposed 14 conditions in granting bail.

He will be subject to a 10:00pm to 9:00am curfew, he has to report to police three times a week, and he cannot leave the state or the country.

He has also been banned from contacting the other teenagers charged in this case, including by social media, as well as being ordered to live with his relative, who cannot be identified because of a suppression order.

“It was a very close run thing that you got bail,” Justice Priest told the teenager.

The 18-year-old is due back in court in January.

Photo: Andrea Lehane pictured with her husband James. (Supplied: Andrea Lehane fund-raising page)


Mini-motorbike hit-and-run: Bail refused for teen charged over death of woman at Carrum Downs shopping centre

Updated 30 Sep 2015, 5:15pm
Related Story: Teen charged over mini-motorbike hit-and-run ‘unlikely’ to get bail: magistrate
An 18-year-old man charged over a mini-motorbike hit-and-run that killed a mother of two at Carrum Downs, in Melbourne’s south-east, has been refused bail in court.

Caleb Jakobsson, 18, faced the Melbourne Magistrates Court for a second day in a row, charged with culpable driving over the death of Andrea Lehane, 34, who was hit by a mini-motorcycle at a pedestrian crossing at a Carrum Downs shopping centre last Wednesday.

She died in hospital on Friday after suffering what her husband described as “unsurvivable” injuries.

Jakobsson was charged with culpable driving, failing to stop and render assistance, unlicensed driving and driving an unregistered vehicle.

A relative, who cannot be named for legal reasons, told the court that if Jakobsson were to be released on bail, he could live with her on a property in rural Victoria.

She told the court there would be plenty of opportunity for Jakobsson to be involved in volunteering, and he would have lots of support.

“We all want to help Caleb,” she said.

Photo: Andrea Lehane pictured with her husband James. (Supplied)

“We’re a tight family, everybody will get involved.”

But the prosecution argued Jakobsson posed an unacceptable risk of reoffending.

Magistrate Frank Holzer agreed, adding Jakobsson could face a lengthy prison sentence if found guilty of culpable driving.

Jakobsson will return to court next year.

Yesterday in court, police described the “chaotic” scenes at the pedestrian crossing in the aftermath of the crash, which was caught on CCTV.

Detective Senior Constable Leigh Miller said he thought Jakobsson was driving at 30 kilometres per hour in a 10kph zone.


 

 

Teen charged with hitting and killing mother-of-two with his mini-bike is granted bail AGAIN despite breaching his curfew eight times and being ‘insolent and disrespectful’ to her family

  • Caleb Jakobssen, 19, faced court in relation to a hit-and-run accident 
  • He was charged with a string of offences relating to a woman’s death
  • Andrea Lehane, 34, a mother of two, died after being hit by his motorcycle
  • Jakobssen has avoided being returned to custody after breaching bail
  • When granted bail in 2015  he was given a curfew between 10pm and 9am 

By Aneeta Bhole For Daily Mail Australia and Aap

Published: 16:29 EST, 16 May 2016 | Updated: 16:35 EST, 16 May 2016

A teenager charged with killing a mother-of-two with his mini-motorbike has been granted bail despite repeatedly breaching a court-imposed curfew and ‘acting disrespectfully’ toward his victim’s family.

Melbourne Magistrate Charlie Rozencwajg once again granted Caleb Jakobsson, 19, bail at a hearing on Monday after prosecutors asked for it be revoked because of the curfew breaches.

The ruling came even though the magistrate said Jakobsson had ‘an attitude that can only be described as insolent’.

‘Not only have you breached your bail conditions but you do so in a way that is disrespectful to the family and loved ones of the deceased,’ Rozencwajg told the teenager.

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Caleb Jakobsson (pictured), 19, accused of striking a mother-of-two with his mini-motorbike as she crossed a pedestrian crossing will avoid going back to custody despite breaching bail conditions

Jakobsson was first granted bail last year after being charged with culpable driving causing the death of nurse Andrea Lehane, 34, in September.

The teen is accused of striking Ms Lehane with his mini ‘monkey’ motorbike as she walked across a pedestrian crossing at a shopping centre in Carrum Downs – It’s alleged the teen then sped away.

The mother-of-two died on September 25 when her family turned off her life support after being told she wouldn’t survive her brain injuries.

When Jakobsson was granted bail, his conditions included a curfew between 10pm and 9am.

Prosecutors applied in April to have his bail revoked after it was revealed the teen had breached his curfew multiple times – and that the relative he is staying with had not immediately reported it to police.

Mr Jakobsson fronted the Melbourne Magistrates Court last month after the relative he was staying with, who cannot be identified, reported him to police for breaching his curfew.

At the April hearing, Magistrate Charlie Rozencwajg added more conditions to Jakobsson’s (pictured) bail, including he attend court for regular reviews

Magistrate Charlie Rozencwajg told Jakobsson that he would not not revoke the teens bail this time at a bail review hearing, but mentioned that Jakobsson had a an attitude that can only be described as ‘insolent’

At the April hearing, Magistrate Charlie Rozencwajg added more conditions to Jakobsson’s bail, including he attend court for regular reviews.

The teen’s relative said she had failed to report Jakobsson’s breaches, despite giving an undertaking to the Supreme Court that she would, because she was trying to show mercy.

She said: ‘I didn’t think he was a threat. In every one of those instances he was somewhere local.’

Jakobsson is scheduled to attend a review in June before facing a committal hearing in July.

Andrea Lehane(left), 34, died on September 25 2015 leaving behind a son and daughter (right)

The 19-year-old (pictured) was granted bail last year with conditions that included a curfew between 10pm and 9am.  Prosecutors asked for Jakobssons bail to be revoked because he breached curfew eight times

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Mustapha Dib walks out of jail-free on appeal


Grinning from ear to ear, the killer given 30 years for shooting dead a police informant’s pregnant wife walks free on appeal… but will he still be smiling when he finds out his girlfriend’s moved on with another man?

  • Man jailed for 30 years for killing wife of another man has been released
  • Mustapha Dib was smiling when he was released on Monday
  • He was found guilty of murdering a woman and wounding her partner
  • The 33-year-old successfully appealed against the sentence
  • His former partner Bethany Wikeepa professed her love when he was jailed
  • However, she has since married another man and welcomed a baby boy 

A man sentenced to at least 30 years in jail for murdering a woman and released after his conviction was quashed on appeal smiled broadly as he walked out of prison on Monday. 

Mustapha Dib successfully fought against the sentence handed to him in July 2012 when he was found guilty of murdering the 20-year-old woman and wounding her partner with intent to murder in a shooting at Punchbowl in Sydney’s south-west in November 2000.

However, his cheer may not last long when he realises that his former girlfriend Bethany Wikeepa – who professed her love for him when he was convicted and jailed – married another man soon after and has since welcomed a baby boy with her husband.

Mustapha Dib (pictured), who was sentenced to at least 30 years for murdering a 20-year-old woman, was smiling when he was released from jail on Monday

Mustapha Dib (pictured), who was sentenced to at least 30 years for murdering a 20-year-old woman, was smiling when he was released from jail on Monday

Mustapha Dib (pictured left) successfully appealed his sentence, handed to him in July 2012 after he was found guilty of murdering a 20-year-old woman, and wounding her partner in a shooting in Sydney in 2000

Mustapha Dib (pictured left) successfully appealed his sentence, handed to him in July 2012 after he was found guilty of murdering a 20-year-old woman, and wounding her partner in a shooting in Sydney in 2000

Dib (pictured in blue) smiling as he walked toward the prison gates on Monday and saw a group of friends and family waiting for him just outside the thick black bars 

Dib (pictured in blue) smiling as he walked toward the prison gates on Monday and saw a group of friends and family waiting for him just outside the thick black bars

Dib (in blue) immediately hugged a male friend as he walked out from behind the prison gates

Dib (in blue) immediately hugged a male friend as he walked out from behind the prison gates

His grin broadened as he wrapped his arms around his friends and family

His grin broadened as he wrapped his arms around his friends and family

He was greeted at the prison gates by friends and family, with Dib immediately hugged by a male friend. His grin broadened as he wrapped his arms around the man.

Dib continued to embrace more friends and family members as he made his way to the prison parking lot, holding a plastic bag filled with items in one hand.

He then jumped into the back of a friend’s bright orange car and drove away.

Dib (pictured center) waited as the black bars were opened and he could see friends and family waiting just outside

Dib (pictured centre) waited as the black bars were opened and he could see friends and family waiting just outside

'The applicant is to be released from jail forthwith,' Justice Clifton Hoeben told the Court of Criminal Appeal after the announcement of the unanimous decision

‘The applicant is to be released from jail forthwith,’ Justice Clifton Hoeben told the Court of Criminal Appeal after the announcement of the unanimous decision

Dib continued to embrace more friends and family members as he made his way to the parking lot

Dib continued to embrace more friends and family members as he made his way to the parking lot

Dib’s release came after an appeal panel ruled that there was room to doubt the identity of the person who shot the man and woman in Punchbowl.

‘My analysis of the evidence has led me to conclude that it was not open for the jury to be satisfied beyond reasonable doubt that the applicant was the person who shot [AB] and the deceased,’ Chief Judge at Common Law, Justice Clifton Hoeben, said in court.

HOW DIB WAS RELEASED EARLY FROM PRISON

Mustapha Dib was sentenced to at least 30 years in prison in 2012 for murdering a 20-year-old woman.

The 20-year-old woman and her male partner were shot while sitting in their car on a Sydney street in 2000.

The deceased woman’s partner told police he was shot by Dib and identified him by his nickname ‘Fairy’.

He recanted his story once he had recovered and fled to Syria

The man was later tracked down and extradited back to Australia and testified during Dib’s 2012 trial where he repeatedly told the jury that the gunman was wearing a balaclava.

Acting Justice Graham Barr said he was satisfied Dib had sought to silence the male victim, believing he was a police informer and potential witness against him in the fatal stabbing of Sydney schoolboy Edward Lee in 1998.

On Monday, a three-judge panel ruled unanimously that evidence given by the man during the trial, identifying Dib as the shooter, was unreliable.

The fast speed of the events during the 2000 shooting and the lack of light would have made it difficult for the witness to identify Dib as the shooter, the judges concluded.

Because of the panel’s findings, Dib’s sentence was ‘quashed’ and he was ordered to be immediately released from custody.

‘The evidence has left me with a reasonable doubt on that issue and that is a doubt which the jury should also have had.’

‘The applicant is to be released from jail forthwith,’ Justice Clifton Hoeben told the Court of Criminal Appeal after the announcement of the unanimous decision.

Dib (pictured) walked out of the prison while holding a plastic bag filled with items in one hand

Dib (pictured) walked out of the prison while holding a plastic bag filled with items in one hand

Family and friends looked overjoyed as Dib was released early from prison

Family and friends looked overjoyed as Dib was released early from prison

Dib (pictured) made his way through waves of reporters and into the parking lot 

Dib (pictured) made his way through waves of reporters and into the parking lot

He then got into the back seat of a friend's bright orange ute (pictured) 

He then got into the back seat of a friend’s bright orange ute (pictured)

Dib, who was previously known only as ‘Z’ as he was 17 at the time of the shooting, was accused of firing four shots into the car of the man and woman outside their home.

The pair’s two-year-old child was also in the vehicle at the time, but was not injured.

The woman was hit once in the stomach and again through her upper back, killing her. Her partner, known as AB, was shot in the neck.

In sentencing in 2012, Acting Justice Graham Barr said he was satisfied Dib had sought to silence the male victim, believing he was a police informer in the fatal stabbing of Sydney schoolboy Edward Lee in 1998

In sentencing in 2012, Acting Justice Graham Barr said he was satisfied Dib had sought to silence the male victim, believing he was a police informer in the fatal stabbing of Sydney schoolboy Edward Lee in 1998

Previously known only as 'Z' as he was 17 at the time of the incident - it was alleged Dib had fired four shots into the couple's car after waiting outside their home 

Previously known only as ‘Z’ as he was 17 at the time of the incident – it was alleged Dib had fired four shots into the couple’s car after waiting outside their home

While recovering in hospital, the deceased woman’s partner had initially told police he was shot by the then 29-year-old, identifying him by his nickname ‘Fairy’.

But he later retracted this identification and fled to Syria.

The man was tracked down and extradited back to Australia and testified during Dib’s trial, when he repeatedly told the jury that the gunman was wearing a balaclava.

Bethany Wikeepa, who was Dib's former girlfriend and professed her love for him when he was convicted and jailed in July 2012, married another man soon after and has since welcomed a baby boy

Bethany Wikeepa, who was Dib’s former girlfriend and professed her love for him when he was convicted and jailed in July 2012, married another man soon after and has since welcomed a baby boy

Bethany Wikeepa got engaged to another man - Jason Wikeepa - several months after Dib was jailed

Bethany Wikeepa got engaged to another man – Jason Wikeepa – several months after Dib was jailed

Dib pleaded guilty to 14-year-old Edward Lee's manslaughter and was sentenced to a minimum of five years

Dib pleaded guilty to 14-year-old Edward Lee’s manslaughter and was sentenced to a minimum of five years

At Dib’s 2012 sentencing, Acting Justice Graham Barr said he was satisfied Dib had sought to silence the male victim, believing he was a police informer and potential witness against him in the fatal stabbing of Sydney schoolboy Edward Lee in 1998.

Dib pleaded guilty to the 14-year-old’s manslaughter and was sentenced to a minimum of five years.

Several months after Dib was jailed for the woman’s murder, his now 30-year-old former partner became engaged to New Zealand man Jason Wikeepa.

The couple married in late 2013 and welcomed their son in April this year.

Mrs Wikeepa, a devout Mormon, has two young daughters from before she started dating Dib.

'The evidence has left me with a reasonable doubt on that issue and that is a doubt which the jury should also have had,' Chief Judge at Common Law, Justice Clifton Hoeben, said in court on Momday.

‘The evidence has left me with a reasonable doubt on that issue and that is a doubt which the jury should also have had,’ Chief Judge at Common Law, Justice Clifton Hoeben, said in court on Monday.

Mrs Wikeepa, a devout Mormon, has two young daughters from before she started dating Dib

Mrs Wikeepa, a devout Mormon, has two young daughters from before she started dating Dib

Jason and Bethany Wikeepa married in late 2013 - more than a year after Dib was convicted and jailed

Jason and Bethany Wikeepa married in late 2013 – more than a year after Dib was convicted and jailed


 

Gerard Baden-Clay Appeal 7th August 2015-UPDATED 31ST AUGUST 2016


Mountains of stuff on here about the tragic death of Allison by her husband Gerard Baden Clay. To catch up here is a link to posts tagged with Allison below

https://aussiecriminals.com.au/?s=alison+baden+clay&submit=Search

ALSO feel free to use the menu up top to get the full picture.

UPDATE 31/08/2016

Gerard Baden-Clay murder conviction reinstated by High Court

Updated 6 minutes ag

Gerard Baden-Clay’s conviction for murdering his wife, Allison, in 2012 will stand, the High Court has ruled.

A Queensland jury convicted Baden-Clay of murder in 2014, but the state’s Court of Appeal last December downgraded it to manslaughter after his lawyers argued it was possible he could have unintentionally killed his wife during an argument.

Allison’s body was found on a creek bank in Brisbane’s west 10 days after she was reported missing on April 20, 2012.

Allison’s long-time friend and spokeswoman for the family, Kerry-Anne Walker, said the “decision comes with both relief and elation”.

“The law has acknowledged what we, who were closest to her, knew from that very morning Allison went missing — that is — that she was murdered,” she said outside the court.

“Gerard Baden-Clay murdered his amazing wife, Allison.”

She said the evidence in the original trial had displayed Gerard’s intent as well as his character.

“Today’s decision brings an end to Gerard’s attempts to smear Allison’s name,” she said.

“If some were in doubt as to his true nature, his behaviour after Allison disappeared and during the trial must have removed that doubt.”

Ms Walker said Allison loved being a wife and a mother, and had worked incredibly hard to do both to the best of her ability.

“Her legacy will be her beautiful three girls who, surrounded now by their memories of Allison and the love and support of Allison’s devoted family, are thriving in their busy lives,” she said.

“All who know them are confident they will go on to achieve great things.

“I am in awe every day of how well Allison’s parents Geoff and Priscilla and her sister Vanessa deal with their day-to-day busy lives.

“The girls are certainly a tribute to them.”

Judgment cites ‘unintentional’ killing hypothesis

In its judgment, the High Court said the Court of Appeal had “erred in concluding that the jury’s verdict of guilty of murder was unreasonable on the basis that the prosecution had failed to exclude the hypothesis that Gerard Baden-Clay unintentionally killed his wife”.

“By grant of special leave, the Crown appealed to the High Court,” the judgment said.

“It was common ground on the appeal that the respondent killed his wife.

“The High Court held that the hypothesis on which the Court of Appeal acted was not available on the evidence.

“In particular, the Court [of Appeal] accepted the respondent’s submission, made for the first time on appeal, that the prosecution had not excluded the hypothesis that there was a physical confrontation between the appellant and his wife in which he delivered a blow which killed her [for example, by the effects of a fall hitting her head against a hard surface] without intending to cause grievous bodily harm.”

Ms Walker also praised the authorities who helped with the case.

“I would like to thank and acknowledge again the Department of Public Prosecutions, the Queensland Police Service and all those that helped with the case,” she said.

“Your tireless work and passion for the truth will never be forgotten and you should be also very pleased with today’s decision.”

 

UPDATE 26/07/16

Gerard Baden-Clay, pictured with wife Allison, is fighting to have his murder charge downgraded to manslaughter.

GERARD Baden-Clay’s “cold-blooded” and “calculated” disposal of his wife Allison’s body, combined with his ongoing lies to police, point to a man more than capable of murder, a court has heard.

The Queensland Director of Public Prosecutions is fighting for the reinstatement of the former Brisbane real estate agent’s murder conviction in the High Court of Australia, after it was controversially downgraded to manslaughter on appeal last year.

The Court of Appeal ruled there was insufficient evidence to support the verdict of murder a Queensland Supreme Court jury reached in 2014, instead substituting manslaughter.

But on Tuesday, Walter Sofronoff, QC, for the Crown, argued that Baden-Clay’s cold-blooded disposal of his wife Allison’s body and the lies he told police and continued to tell throughout his trial made him a man capable of murder.

Mr Sofronoff said Baden-Clay also used one of his three young daughters in an attempt to conceal his guilt, telling her the scratches Allison left on his face as she fought for her life were shaving cuts, which he asked her to apply band aids to.

This image of scratches and cuts on Gerard Baden-Clay’s face was shown in court.Source:Supplied

 

“It’s not just the conduct itself but the character of conduct that might give rise to an inference of intention, Mr Sofronoff argued.

“His preparedness to use his children, one could conclude about him he is someone who is capable of murder.”

Mr Sofronoff argued the Court of Appeal erred when it considered a number of circumstantial factors that could point to an intention to kill Allison in isolation, rather than collectively.

He said pressure was growing on Mr Baden-Clay the night his wife died.

He had, without his wife’s knowledge, recommenced an affair with mistress Toni McHugh, who he had promised to leave his wife for by July 1, 2011, in the days leading up to Allison’s death on April 19, 2012.

He was hundreds of thousands of dollars in debt and had been refused loans by friends and acquaintances in the lead-up to Allison’s death, which had put him in danger of losing his real estate business.

There was also the looming prospect that the day after he killed his wife, she and his mistress were due to cross paths at a Real Estate Institute of Queensland lunch.

He said the Baden-Clays were undergoing marriage counselling and just a week before he killed Allison, he told Ms McHugh he loved her and that he had every intention of standing by his promise to leave Allison by July 1.

“It was clear the defendant had found living with his wife intolerable and unendurable,” Mr Sofronoff said.

“In the case of this woman he made a promise to end his marriage he described as unconditional.

“We have cited in our outline a number of cases that evidence of motive, including evidence that a man’s longing to be with another woman other than his wife could be evidence of intent to murder.”

Interactive crime scene photographs, shown in court during the murder trial, go inside the western Brisbane home, including the main bedroom where Allison was last seen alive.Source:Supplied

The photos were taken by Queensland police officers at the Brookfield Road house four days after Allison was reported missing.Source:Supplied

 

But it was Baden-Clay’s conduct after his wife’s death that most pointed to the killing not being unintentional, Mr Sofronoff said.

Under the cover of darkness, he dumped the body of the mother of his three children in a creek, 14km from the family home.

Forensics experts were unable to determine a cause of death and it is still unknown whether Allison was dead or fatally injured when her body was disposed of.

Baden-Clay hid the continuation of the affair with Ms McHugh from police.

He told them scratches on his face were from a razor, as he had told his daughter, in a bid to give greater credence to the tale.

In fact, medical experts were unanimous in their agreement that there were two sets of marks on his face, one from a razor being dragged across, rather than down, and one most likely inflicted by fingernails.

And when it came to his trial, he continued to maintain he had no idea how his wife died.

“Did you kill your wife?” he was asked.

“No, I did not,” he replied.

“A reasonable jury could conclude (this behaviour) was inconsistent with the notion of a man who unintentionally killed his wife,” Mr Sofronoff said.

For Baden-Clay, whose presence was not required in court on Tuesday, Michael Byrne, QC, argued, as he successfully did on the Court of Appeal that there was insufficient evidence to point to intent to kill.

Unlike in the Court of Appeal, however, at least two of the judges seemed unconvinced.

“There is no evidence available that the accused intended to kill or do grievous bodily harm,” Mr Byrne said.

“All the evidence goes to show is there was an argument, then maybe a fight and she responded physically and she was dead.”

He dismissed the argument his client’s conduct after Allison’s disappearance pointed to him being guilty of intentionally killing her, saying thought there were “aspects of callousness” it did not prove murder.

“It’s important to note there was simply no evidence of violence between them and that came from their three children,” he said.

Justice Patrick Keane, one of the five judges who will decide Baden-Clay’s ultimate fate, appeared unconvinced by the change of tactic from complete denial of involvement in Allison’s death at trial, to admitting there was sufficient evidence to convict on manslaughter at appeal.

“He has had the opportunity to give the evidence, he has given the evidence, it is inconsistent with any notion at all that there was an unintended killing by him,” he said.

“Once he swears the circumstances of events were such the possibility of an unintended killing occurred … the evidence is inconsistent.”

Gerard Baden-Clay’s murder conviction for the death of his wife Allison has been set aside on appeal and a conviction of manslaughter substituted.Source:News Corp Australia

An overwhelming body of evidence points to the fact it was he who took her life — the scratches she left on his face, the foliage from their garden found in her hair and the drops of her blood discovered in the family car he used to drive her 14km to a creek bed, where he dumped her body.

When Allison Baden-Clay was reported missing by her husband on April 20, 2012, suspicion fell almost immediately upon him.

It intensified 10 days later when her body was found by a kayaker on the banks of the Kholo Creek.

It took a further six weeks for detectives investigating the mother-of-three’s death to charge him with her murder, a charge he has denied since.

Baden-Clay continues to deny he had any involvement in his wife’s death. But after a Supreme Court jury found him guilty of murder after a six-week trial in 2014, his defence team mounted a controversial change of tactic in the Court of Appeal, arguing there was sufficient evidence to make a finding of manslaughter but not of murder.

In a sensational ruling in late 2015, the Court of Appeal, led by Queensland’s Chief Justice, Catherine Holmes, agreed with the defence, setting aside the murder conviction and substituting manslaughter.

It prompted a massive public outcry, culminating in a public rally attended by thousands demanding “Justice for Allison”.

In a highly unusual move, the Queensland Director of Public Prosecutions appealed the downgraded conviction in the High Court of Australia.

A five-member judicial bench will hear his argument for reinstatement of the murder conviction and the counter-arguments of Baden-Clay’s defence team.

The High Court has reserved its decision for a date to be set.

Allison’s parents Priscila and Geoff Dickie.Source:News Corp Australia


update 10/07/16

Gerard Baden-Clay: DPP files final documents in murder conviction downgrade appeal

Updated Fri at 6:48pm

The Queensland Director of Public Prosecutions (DPP) has submitted its final documents in the appeal case of convicted wife-killer Gerard Baden-Clay.

Last year, the Queensland Court of Appeal downgraded Baden-Clay’s murder conviction to manslaughter, saying the jury could not have proved beyond reasonable doubt the former real estate agent intended to kill his wife, Allison.

The DPP later lodged an appeal in the High Court against the manslaughter ruling, which it agreed to hear.

Baden-Clay’s lawyers argued there was no direct evidence to suggest their client caused Mrs Baden-Clay’s death or that he did so with intent.

But in reply, the DPP’s documents on Friday said Baden-Clay’s lawyers did not offer any explanation for Allison’s death throughout the murder trial itself and that their argument was that he did not kill her.

They said it was not permissible to now bring up “other possible explanations” for how she might have died.

The full bench of the High Court will now hear the appeal in Brisbane later this month.

 


update 12/05/016

Gerard Baden-Clay: Murder conviction downgrade appeal approved by High Court

Updated 35 minutes ago

The High Court has agreed to hear Queensland prosecutors appeal against the downgrading of Gerard Baden-Clay’s murder conviction for killing his wife Allison.

The court decided today, in Canberra, to hear the appeal, at a date yet to be fixed.

The Director of Public Prosecutions argue Queensland’s Court of Appeal got it wrong when they downgraded the conviction to manslaughter last December, saying there was a strong motive for murder.

The former real estate agent had yearned to be with his mistress, and he stood to gain a life insurance payout, the director said.

Allison’s badly decomposed body was found in Kholo Creek in May 2012, over a week after she disappeared from the family home.

Baden-Clay was jailed for life in 2014 but that was quashed in December.

Allison’s cousin Jodie Dann watched the High Court decision from the public gallery, but would not comment afterwards.

Attorney-General Yvette D’Ath broke news to sitting MPs shortly after the decision was announced, but also would not comment further as the matter was before the courts.

There was huge support for the Director of Prosecutions to appeal, more than 73,000 people signed a petition and thousands rallied in Brisbane’s King George Square when Baden-Clay’s conviction was downgraded in December.

His lawyers argued there was not enough evidence to prove he intentionally killed Allison, who may have fallen and hit her head during an argument.

They then suggested a hypothesis that he covered up the death, by dumping it in a local creek, out of panic.

‘Let justice do its course’

Queensland Law Society president Bill Potts said Queenslanders could be confident the High Court made the right decision.

“This decision represents the best interpretation of the law, unaffected by bias or the relentless press of the 24/7 media cycle,” he said.

“It is important now to allow the final chapter of the legal process to play out according to the practices and procedures of the courts, and without hyperbolic media commentary.

“We need to remember that whatever people think of the result, this is the final act of a tragedy in which three daughters have lost a mother, two parents have lost a daughter, siblings a sister and we should not, as a community, allow this to turn into a sideshow.”

 

From the moment Gerard Baden-Clay killed his wife Allison on April 19, 2012 – accidentally, Queensland’s highest court has now ruled – his focus was on just one thing: self-preservation.
His wife had vanished after going for a walk, he told the television cameras in the days after her disappearance, as he tearfully pleaded for her return.

In truth, he knew exactly where she was.

Under the Kholo Creek bridge, 13 kilometres from their home in Brisbane’s affluent west, where, under the cover of darkness on April 19, he drove her lifeless body and dumped it on the creek bed.

The presence of Allison Baden-Clay’s blood in the family Holden Captiva provided almost irrefutable proof that is what he did, while the scratches she left on his face as she fought him that night told investigators it was he who had killed her.

The foliage from their garden found in her hair told them he had done it at their Brookfield home.

The growing forensic evidence in the case overwhelmingly pointed to his guilt.

But Baden-Clay’s focus never wavered. It was self-preservation above all else.

Rather than confess he accidentally killed Allison after kayakers discovered her body on the creek bank, 10 days after she disappeared, he stood beside their three daughters at her funeral and played the grieving husband.

He protested his innocence when, six weeks later, detectives charged him with her murder and continued his protestations through his subsequent committal hearing and trial.

When Baden-Clay stood before a jury at his murder trial in 2014, he swore, under oath, he did not kill his wife.

Despite the physical evidence pointing to his guilt, the cocky prestige real estate agent who prided himself on his lineage to Scouts founder Lord Robert Baden-Powell had no doubt at the end of it all, he would be a free man.

So, it was a violently shaking Baden-Clay who sat in the Supreme Court dock after his trial jury returned their guilty verdict in 2014 and listened as Justice John Byrne sentenced him to life in jail.

His plan had failed. With a non-parole period of 15 years set, he was facing at least the next 13 years behind bars.

It was a time to try a change of tactic.

Just more than a year later, in the Queensland Court of Appeal, his lawyers publicly conceded for the first time that perhaps their client did kill his wife. Accidentally.

Defence counsel Michael Copley, QC, argued there was sufficient evidence available to conclude Allison died unlawfully but not to thrust it into the category of murder, which indicates some degree of intent.

“There was sufficient evidence available … that he had caused the death and done so unlawfully,” Mr Copley said.

“What evidence was there that elevated the case from unlawful killing to intentional killing?”

Queensland’s Acting Director of Public Prosecutions Michael Byrne, QC argued the extreme lengths Baden-Clay took to cover up his crime and the continual denials he was involved in his wife’s death elevated it out of the realm of manslaughter and into that of murder.

In the end, however, appeal judges Chief Justice Catherine Holmes, Justice Hugh Fraser and Justice Robert Gotterson had no choice but to agree with the defence argument.

While there was sufficient evidence to point to the now 44-year-old killing his wife of 15 years, the evidence did not prove beyond reasonable doubt that he had intended to do so.

They found the murder conviction was an “unreasonable verdict”.


 

update 01/02/16

DPP appeals Baden-Clay downgrade

Published: 01 February 2016

baden

Queensland DPP lodges submission appealing Gerard Baden-Clay’s downgraded conviction

The Queensland Director of Public Prosecutions (DPP) will today file a submission appealing the downgrade of Gerard Baden-Clay’s conviction from murder to manslaughter.

Baden-Clay was initially sentenced to life in prison for murdering his wife Alison in 2012, but the charge was since downgraded.

Today, the DPP will provide an outline of arguments as to why the High Court should reinstate Baden-Clay’s original murder conviction.

The Courier Mail also released an article today which reveals the opinion of a retired Supreme Court judge, who claims Queensland Court of Appeal “got it wrong”.

“The simple fact is the Court of Appeal got it wrong,” the former Supreme Court judge told the Courier Mail.

The judge’s identity has been concealed to avoid controversy.

More to come.


 

 update 30/12/15

QUEENSLAND’S Director of Public Prosecutions will appeal Gerard Baden-Clay’s manslaughter verdict.

Baden-Clay, who was last year sentenced to life in prison for murdering his wife Allison, had his murder conviction downgraded to manslaughter in a shock appeal ruling earlier this month, sparking community anger.

DPP Michael Byrne QC will make an application to the High Court seeking special leave to appeal the Court of Appeal decision.

The Courier-Mail exclusively revealed yesterday that Mr Byrne had privately told the Queensland Government he will appeal to the High Court to reinstate Baden-Clay’s murder conviction.

“I have been advised that the DPP intends to file the application when the High Court registry opens on Monday 4 January,” Queensland Attorney-General Yvette D’Ath said in a statement on Wednesday. (scroll down for her full statement)

This will give the DPP 28 days to lodge an outline of argument with the High Court.

The defence will then be given 21 days to outline its argument before the High Court schedules a date to hear the applications.

Mr Byrne had advised Allison’s family of the decision to appeal on Wednesday morning after finalising his decision on Tuesday, Ms D’Ath said.

In its shock ruling, the Court of Appeal argued the jury that convicted Baden-Clay of murder last year couldn’t have known beyond reasonable doubt that he intended to kill Allison.

The decision outraged the community, with more than 100,000 people signing an online petition requesting the Queensland Attorney-General to file an appeal.

Thousands of people have also gathered in Brisbane’s CBD over the past fortnight to protest against the manslaughter verdict

BADEN-CLAY: Case for murder revealed

 

FULL STATEMENT

Queensland Attorney-General Yvette D’Ath said today: “I have been advised that the Director of Public Prosecutions has advised the Dickie family this morning that he will be making an application to the High Court seeking special leave to appeal the recent Court of Appeal decision that saw Gerard Baden-Clay’s murder conviction downgraded to manslaughter. This has been the result of the DPP finalising his decision yesterday.

Thousands have attended a rally to protest the downgrading of Gerard Baden-Clay’s murder conviction.

“I have been advised that the DPP intends to file the application when the High Court registry opens on Monday 4 January 2016. The process then provides the DPP with 28 days to lodge an outline of argument with the High Court. The defence will then have a further 21 days to do the same.

“Subject to these processes being finalised, the High Court will then schedule a date to hear the applications.

“Given this legal process is underway, I will not be making any further comment in relation to this matter.

Gerard Baden-Clay and the high bar for prosecution

Updated about 3 hours ago

How is Gerard Baden-Clay able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death? Arlie Loughnan explains the appeal court’s decision.

The Queensland Court of Appeal has upheld Gerard Baden-Clay’s appeal against conviction for the murder of his wife, Allison Baden-Clay. The court overturned the jury’s verdict that Baden-Clay was guilty of murder, and substituted a conviction of manslaughter for Allison’s death.

From the time of Allison Baden-Clay’s disappearance from her home, and the discovery of her body in April 2012, this case has attracted significant media attention. The crime and the trial coincided with increasing public awareness about family violence in general, and the deaths of women at the hands of their male partners in particular.

All the elements of the Baden-Clay case – the death of a much-loved woman with young children, and a middle-class family struck by infidelity, marriage problems, depression and debt – propelled the case to the front page in newspapers around the country.

Gerard Baden-Clay was tried for murder in 2014. As it was not possible to determine what caused Mrs Baden-Clay’s death, the trial hinged on circumstances surrounding her disappearance and death – the evidence of her blood in her car, the scratches on Gerard Baden-Clay’s face, and his account of his actions at around the time of the crime. A jury convicted Baden-Clay of Allison Baden-Clay’s murder. He was sentenced to life in prison and required to serve a minimum of 15 years’ jail time.

Baden-Clay appealed the decision. Arguing that the jury’s verdict was unreasonable, and questioning the trial judge’s summing up of the evidence, Baden-Clay sought to have his conviction overturned. Baden-Clay claimed that the jury could not have been satisfied to the criminal standard of proof – beyond reasonable doubt – that he had the necessary intent for murder.

In Queensland, murder requires a lethal act, and an intent to kill or commit grievous bodily harm. The issue on appeal was whether the evidence introduced at trial could support the jury’s conclusion that Allison Baden-Clay’s death was murder, not manslaughter – an unlawful killing that falls short of murder.

Allowing Baden-Clay’s appeal, the Queensland Court of Appeal concluded that the prosecution case had not ruled out the possibility that Gerard Baden-Clay killed his wife without intending serious harm, and that he disposed of her body at Kholo Creek, and lied about the causes of the marks on his face to cover up his actions. This meant that the jury’s conclusion that the killing was murder could not be sustained.

Although the finding that Baden-Clay was responsible for his wife’s death has not been questioned, his successful appeal has raised questions about our criminal justice system. It seems hard to understand how Baden-Clay is able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death, and knowing nothing about how her body ended up at the creek.

It’s important to recall that, under our laws, the accused does not have to prove his innocence – it’s up to the prosecution to prove guilt. The presumption of innocence is a cardinal feature of our criminal justice system. It means that the accused person can test the case against him, and that his ‘defence’ can be that the prosecution have not made out the charge against him. This sets a high bar for the prosecution, but it is a protection against wrongful convictions.

Our criminal court system has to strike a balance between two fundamental goals. On the one side is the principle of finality – whereby a trial court’s adjudication of a matter concludes the legal issues for the accused and the victims. On the other side, the court system must also provide for review of any errors made by courts in trial or sentence.

This is where appeal courts come in – reviewing decisions where there may have been a mistake that affected the outcome, and safeguarding the high esteem in which our justice system is held.

The action of an appeal court overturning a jury decision is not that common, and does not cast doubt on the integrity and the value of jury decisions in criminal trials in general. Juries are central to the operation of criminal trials and the involvement of lay people in criminal justice is regarded as a positive feature of our system. Juries participating in criminal trials, and courts of appeal reviewing decision-making, are each key aspects of the legitimacy of our criminal laws and processes.

Arlie Loughnan is Associate Professor in Law at University of Sydney.

 

Major update 8th December 2015.

The day the Justice System proved it is BROKEN. please share your thoughts in the comments section!

 What justice? There’s none for Allison

NOW we know when a woman’s murder is not a murder.

It’s when a man who swore throughout his five-week trial that he had nothing to do with it and gets convicted of murder changes makes an appeal to argue his wife’s death was ‘unintentional’. And wins.

It seems incredible that while Gerard Baden-Clay insisted he had no hand in his wife’s 2012 death during a trial involving hundreds of witness statements, he can say on appeal that he did cause it — by accident — and be believed.

You can’t have it both ways — be completely uninvolved but also have killed someone — but now you can, apparently. What a joke.

Where is the justice in this decision for the dead mother of three young girls? Where are the consequences for a man who may now be free in five years.

The shock felt by those close to the late Mrs Baden-Clay as they learned her husband would get away with manslaughter is echoing across social media as Australians react angrily.

Many are justifiably struggling to believe that Queensland appeal judges found there was not reasonable evidence Baden-Clay intended to kill his wife because it wasn’t proven he meant to do it.

One Twitter user summed up the sentiments of many when he wrote: “That’s one small step for low-life, one giant leap backwards in the fight against domestic violence #endviolenceagainstwomen”.


How disgusting that just a few years is all a woman’s life is worth if the injuries on her body are not bad enough to implicate intent to kill or there’s not enough blood in the house to imply a struggle, or no recorded history of domestic violence.

Newsflash Queensland justice system: Many woman never report abuse, and can you blame them when they see outcomes such as this.

As Australia grapples with an epidemic of violence against women that has claimed an average two women’s lives a week this year, this verdict is an insult to every woman killed by a partner or ex.

It’s a mockery of the pain of relatives of dead women and a message to women living in fear of death at the hands of their partner that the justice system has holes the size of Uluru.

As Australian of the Year, Rosie Batty and former Victorian police chief Ken Lay have kept family violence high in the public consciousness in 2015, prompting grumbles about too much talk of it dominating media.

But with findings like this potentially opening the cell doors after an obscenely short stretch for someone who killed their partner can there ever be enough?

Gerard Baden-Clay may soon be free to resume normal life with the children he caused to be motherless. Allison is still dead.

The fight for real justice for victims of violence against women in Australia must now go up a gear. This finding shames the lot of us.

Gerard Baden-Clay: Murder conviction downgraded to manslaughter over death of wife Allison

Updated 22 minutes ago

Former Brisbane real estate agent Gerard Baden-Clay’s murder conviction for killing his wife Allison has been downgraded to manslaughter.

Court of Appeal Justice Hugh Fraser set aside the murder finding today.

During Baden-Clay’s appeal four months ago, his lawyers argued he panicked and unintentionally killed the mother-of-three during an argument at their home in Brookfield, in Brisbane’s west.

In delivering their findings, the Court of Appeal judges found that while Baden-Clay lied about the cause of the marks on his face and tried to hide his wife’s body, there was a reasonable hypothesis he was innocent of murder.

They found the jury could not be satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved.

Baden-Clay, 45, reported his wife missing in April 2012 and her body was found 10 days later beside a creek.

He was convicted last year and jailed for life, with a non-parole period of 15 years.

Baden-Clay’s lawyer Peter Shields said there was immense public interest in the case, and urged the public to read the findings before they criticise the decision.

“They were very considered reasons of a very experienced court,” he said.

“I do think the public understand that it is open justice.

“They can make their own view, based on the facts.”

Allison’s family said they were disappointed by the decision and remained supportive of the original findings of the court.

“[The family] await the legal process to play out in the hope that justice for Allison will be served,” a statement released by the Dickie family said.

“As always, the efforts of the family remain centred around the wellbeing of Allison’s daughters, who now face a further period of uncertainty.”

 FULL JUDGEMENT CAN BE READ BY CLICKING LINK BELOW

http://archive.sclqld.org.au/qjudgment/2015/QCA15-265.pdf


Appeal begins for Gerard Baden-Clay

Lawyers for Gerard Baden-Clay will argue his conviction was ‘unreasonable’

 

LAWYERS for Gerard Baden-Clay will today argue that his conviction for the murder of his wife Allison Baden-Clay should be quashed on the grounds it was ‘unreasonable’.

12.25pm: The appeal hearing has finished and the three judges have reserved their decision. They will give a written judgement, expected within three months.

12.23pm: Mr Copley, for Baden-Clay, said Allison’s blood in her car could have been from “some innocent incident” on another day.

12.21pm: Justice Catherine Holmes put to Mr Byrne the scenario that there had been an argument between Baden-Clay and his wife and that she had fallen, hit her head and died and that he had panicked.

“What’s wrong with that as a reasonable hypothesis,” Justice Holmes said.

Mr Byrne said the trial judge left murder open to the jury because there was such a long period of denials by Baden-Clay including his lengthy court testimony. Mr Byrne has concluded his arguments and defence barrister Michael Copley is addressing the court again.

12.05pm: Michael Byrne QC, the Acting Director of Public Prosecutions said the evidence suggested it was likely Allison was put in the third row of seating of her Holden Captiva and transported to Kholo Creek Bridge after a fatal attack.

“It’s a short series of dots to connect the proposition he drove her there but it is still not one that needed to be proven beyond reasonable doubt.”

He added that if the jury inferred the blood in her car was from after the fatal attack, it indicated there had been an injury to hide that may have been undetectable due to decomposition.

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court wi

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court with defence lawyer Penny White. Source: News Corp Australia

11.55am: Mr Byrne said the lack of conclusive opinion from experts on the finer scratches did not affect the jury’s ability to reach their verdict.

Moving on to the other defence arguments, Mr Byrne went through some of the key evidence against Baden-Clay.

He said the former real estate agent must have known of the possibility his wife and mistress would meet at a conference they were both to attend on the day he reported her missing.

“There are scratches to his face that were not there on the 19th (the day before she was reported missing).

“There is the leaf litter which is in our submission significant.”

The fact there were six different types of leaf all of which could be found in or adjacent to the couple’s property was a telling feature, he said.

When all the factors were put together, it was not necessary for the Crown to show Baden-Clay moved his wife’s body to the bridge for a murder verdict to be open.

11.44am: Gerard’s defence barrister has concluded his arguments and Michael Byrne QC, the Acting Director of Public Prosecutions, has begun addressing the court about the Crown case.

Mr Byrne, addressing the defence grounds for the appeal, said there had been evidence the broader marks on Baden-Clay’s face were older than the finer injuries.

It was open for the jury to accept the broader marks were from fingernails and the finer marks from a razor at a later time, and to infer Baden-Clay had attempted to disguise the scratch marks.

11.32am: Allison Baden-Clay’s death could have been from an unintentional killing arising out of an argument, making a murder conviction unreasonable, her husband Gerard’s defence barrister has told the court.

The argument could have been related to his affair with former staffer Toni McHugh and may have escalated to violence, resulting in the scratches on Baden-Clay’s face.

He was then left with a “dead wife”, and the situation of people knowing about the affair and his promises to Ms McHugh that he would leave his wife by July 1.

“And he’s panicked,” Mr Copley said.

“A jury could not rationally conclude he murdered his wife based on the fact he told a lie about how the injuries were inflicted.

“The possibility is open that everything he did in the days after the killing was attributable to panic.”

11.22am: Continuing his argument that the verdict was unreasonable, defence barrister Michael Copley said the couple’s daughters had not heard any screaming or fighting on the night and no blood was found in the house.

“There were scratches to his face but the contention is and was those scratches don’t reveal anything at all about the intention that he had when he was engaged in some sort of (altercation) with his wife.”

The scratches revealed only that Allison was “close enough” to inflict them and that there was some sort of altercation.

The “fact the doctor can’t determine the cause of death” was strongly in favour of a conclusion the death was other than intentional.

Prosecutors had argued the scratches were inflicted by Allison in self-defence “fighting for her life”.

But there were other possible explanations including that they were inflicted in anger or in the course of a struggle, Mr Copley said.

There was nothing to show if Alison had scratched her husband at the start or an argument or during the middle, with all possibilities open.

11.13am: The defence says the prosecution had asserted there was an accumulation of pressures on Baden-Clay, including from his long-running affair with his former staffer Toni McHugh.

But the evidence did not support that Baden-Clay was going to leave his wife, Mr Copley said.

“He told his wife in 2010 he no longer loved her. But…he didn’t act on the absence of love.

“He stayed in the marriage.”

The affair with Ms McHugh was discovered in 2011 and Baden-Clay still stayed at the home.

“The notion he was moving towards a departure from his wife is not sustainable.”

Prosecutors had also cited the business pressures on Baden-Clay and the fact he had borrowed money from friends and not paid them back.

“Sure there were financial pressures but my contention … is that hadn’t increased dramatically. That hadn’t changed substantially.”

11am: Baden-Clay’s defence barrister has told the court the murder conviction was unreasonable.

“What evidence was there that elevated the case from an unlawful killing to one of an unintentional killing?” Mr Copley said.

He said a premeditated killing had not been alleged, with prosecutors stating “there was uncharacteristic conduct engaged in by my client”.

There was no evidence of prior violence in the relationship and no evidence either party were abusers of illicit drugs or alcohol, he said.

10.50am: The next element of the appeal was that the jury should have been directed they needed to be satisfied beyond reasonable doubt Baden-Clay put his wife’s body at the creek where she was found, before they could rely on that conduct as capable of proving he killed his wife.

Justice Holmes asked Mr Copley: “How do you get there?”

“Why couldn’t you come to the conclusion he was the killer without needing to know how it was the body arrived at the creek?” Justice Holmes said.

“Why couldn’t he have called someone … to aid him to take the body away?”

Gerard Baden-Clay’s father Nigel arrives at court.

Gerard Baden-Clay’s father Nigel arrives at court. Source: News Corp Australia

10.45am: Before moving on to the other grounds of the appeal, Mr Copley concluded that experts had not agreed definitively that the smaller marks on Baden-Clay’s face were caused at a different time and by a different implement.

The jury had been invited to infer guilt from evidence which had not been established, he said.

“The evil of that is for all we know the leading of that circumstance could have … tipped the balance in favour of a verdict of guilt in the minds of some or all of the members of the jury. We just don’t know.”

10.30am: In terms of the timing of when the facial injuries occurred, an expert gave evidence at the trial that he could not separate the various injuries from photos, Mr Copley said,

“If the experts couldn’t say whether those injuries … had been inflicted at a different time … how could the jury have been capable of resolving (the matter)?”

The prosecution had to show the injuries on Baden-Clay’s face were inflicted at different times and by a different implement, otherwise there wasn’t a disguising element, he said.

Justice Catherine Holmes suggested both sides agreed at trial that the smaller red marks on Baden-Clay’s face were razor marks, as Gerard had said he cut himself shaving.

10:20am: Defence barrister Michael Copley QC opened the appeal by discussing injuries on Baden-Clay’s face.

He said prosecutors left it to the jury to conclude he tried to disguise scratches on his face by making further smaller injuries with a razor, and that this was evidence he had murdered his wife.

He says the evidence didn’t establish that the smaller marks on Baden-Clay’s face were made at a different time than larger scratches.

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers P

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers Peter Shields and Penny White. Source: News Corp Australia

Earlier: At least 150 people have gathered in the public gallery of the Banco court, a half an hour before Gerard Baden-Clay’s appeal.

Geoff and Priscilla Dickie, Allison Baden-Clay’s parents, are in the front row with s large family contingent wearing yellow ribbons.


 Gerard Baden-Clay: Court of Appeal reserves decision over murder conviction

7th August 2015

Allison Baden-Clay and Gerard Baden-Clay

The Court of Appeal in Brisbane has reserved its decision on a challenge against Gerard Baden-Clay’s murder conviction.

Lawyers appealing against Baden-Clay’s life sentence, with a 15-year non-parole period, for the murder of his wife Allison Baden-Clay in 2012 today said it was possible he unintentionally killed her.

The appeal decision will be handed down at a later date.

Ms Baden-Clay’s parents, Geoff and Priscilla Dickie, were among the 200 people present in court as legal counsel for the former real estate agent appeal on four grounds, namely that:

  • The verdict of murder was unreasonable;
  • A miscarriage of justice occurred because the jury was not directed on evidence relating to the presence of Allison’s blood in the car;
  • The trial judge erred in law in not directing the jury over evidence relating to the placement of Allison’s body at Kholo Creek;
  • The trial judge also erred in leaving to the jury that Baden-Clay attempted to disguise marks on his face by making razor cuts.

Barrister Michael Copley QC, who alongside high-profile solicitor Peter Shields, was representing Baden-Clay, argued the fourth appeal ground first.

There’re no injuries on the body consistent with an intentional killing.

Michael Copley QC, representing Gerard Baden-Clay

Police had noticed scratches on the right-hand side of Baden-Clay’s face when they visited the family’s rented Brookfield home in response to his triple-0 call in April 2012.

Baden-Clay insisted he had cut himself shaving, but experts told the court during the six-week trial, they were more “typical of fingernail scratches” not “a razor blade injury”.

Mr Copley questioned the crown’s claim that scratches on Baden-Clay’s face were signs of Allison fighting for her life.

He said the scratches revealed that Allison had been close enough to scratch her husband and that their relationship was not in good shape.

But he said the marks did not reveal why she scratched him.

Mr Copley said there were no injuries on Allison’s body consistent with an intentional killing, which he said favoured an unintentional killing.

“A jury could not rationally conclude that he murdered his wife based upon the fact he told a lie about how the injuries were inflicted,” he said.

“There’re no injuries on the body consistent with an intentional killing.”

Earlier in the appeal hearing, Mr Copley argued that experts could not say whether two sets of marks on Baden-Clay’s face occurred at different times or were made by different implements, yet the jury was asked to do so.

“The jury was invited to infer a path of guilt to murder on the basis of conduct the evidence did not establish the appellant engaged in,” Mr Copley said.

Prosecutor Michael Byrne, who was acting for the Crown, said an expert did testify at trial that marks to Baden-Clay’s face were done at different times and open to the jury to consider.

He said medical witnesses were entitled to use their common sense and experience, and jurors were entitled to decide for themselves.

Mr Byrne said a lack of conclusive evidence from the experts was not prohibitive for the jury to act on.

‘No evidence that there had ever been violence between the parties’

In arguing the first point of the appeal, that the verdict of murder was unreasonable, Mr Copley said: “There was no evidence in this case that there had ever been violence between the parties.”

Mr Copley said part of the Crown’s argument at trial was that pressure from Baden-Clay’s mistress contributed to Allison’s death.

He said evidence in regard to Baden-Clay’s intentions concerning his wife and mistress were at best equivocal.

He said the notion that Baden-Clay was moving towards a departure from his wife was not sustainable from evidence at trial.

Mr Copley then moved on to financial pressures.

“Sure there were financial pressures … but they hadn’t increased substantially, they hadn’t changed dramatically,” he said.

Allison Baden-Clay was last seen on April 19, 2012.

Her husband reported her missing the next day, sparking a major police and SES search.

Ten days later her body was found on the banks of the Kholo Creek at Anstead.

Suspicion centred on Baden-Clay but it was not until nearly seven weeks later he was arrested and charged.

He has always maintained his innocence.

Baden-Clay was not at today’s hearing.

He remains at Wolston Correctional Centre where he has been since last year’s sentencing.

More on this story:

  • Baden-Clay launches appeal against murder conviction
  • Allison Baden-Clay’s family detail their pain and devastation
  • Allison Baden-Clay murder: family members detail pain and devastation in statements to court

    Timeline: Baden-Clay murder trial

    By Josh Bavas and staff

    Tue 15 Jul 2014, 2:53pm

    Former Brisbane real estate agent Gerard Baden-Clay has been found guilty of murdering his wife Allison in April 2012.

    Her body was found on a creek bank 10 days after her husband reported her missing from their home in nearby Brookfield.

    Baden-Clay was charged with murdering his wife and interfering with a corpse, pleading not guilty to both charges.

    And so began a month-long trial involving hundreds of witness statements and garnering massive public interest.

    Take a look back at how Allison Baden-Clay’s disappearance and the resulting murder trial unfolded.

    April 20, 2012

    Gerard Baden-Clay calls police about 7:30am to report his wife missing.

    Police seek public help to find 43-year-old Allison Baden-Clay, reported missing since the previous night.

    Authorities say she was last seen at her house on Brookfield Road wearing grey tracksuit pants and a dark top.

    April 22, 2012

    Inspector Mark Laing confirms Gerard Baden-Clay crashed his car into a bus terminal outside Indooroopilly Shopping Centre.

    April 23, 2012

    A major incident room is set up at Indooroopilly police station for investigation into Allison Baden-Clay’s disappearance.

    Her parents make a public appeal for help to find their daughter.

    Allison’s mother Priscilla Dickie makes an emotional plea to the media.

    “Please, please help us to find our dear Allison,” she said.

    Police ask local residents to search their properties for even the smallest piece of information.

    Superintendent Mark Ainsworth says Allison Baden-Clay’s disappearance is being treated as a missing person case; not a criminal investigation.

    He says Gerard Baden-Clay is not a person of interest.

    Allison Baden-Clay’s father Geoff Dickie praises efforts of police and SES in trying to locate his daughter over the previous weekend.

    “We are overwhelmed by the support in trying to locate Allison,” he said.

    “Please help us because there are three beautiful little girls – of Allison’s – wanting to see their mother as soon as possible.”

    April 24, 2012

    Gerard Baden-Clay speaks to the media outside his house.

    “I’m trying to look after my children at the moment, we’ve got three young girls. We really trust that the police are doing everything they can to find my wife,” he said.

    April 26, 2012

    A prayer vigil is held for Allison.

    Reverend Beverley Bell from the Anglican Parish of Kenmore says it is a difficult time for the community.

    “Just not knowing what’s happened and there’s that sense of helplessness; what can we do?” he said.

    Detectives seize bags of material from the Baden-Clay house and Gerard Baden-Clay’s office.

    April 27, 2012

    Brisbane police step up efforts to find Allison Baden-Clay by setting up a mannequin outside her family home at Brookfield.

    The mannequin is wearing clothing similar to what the 43-year-old was in when she was last seen by her husband.

    Emergency crews widen their search area.

    April 28, 2012

    Allison Baden-Clay has been missing for more than a week.

    Police say they still have few leads despite the major investigation.

    Gerard Baden-Clay releases a brief statement to media thanking the public for their support, saying his priority is the welfare of his wife and their three daughters.

    April 30, 2012

    A canoeist discovers a woman’s body on a creek bank under Kholo Bridge Crossing at Anstead in Brisbane’s west, 11 days after Allison Baden-Clay disappeared.

    Police remove the body and confirm they are now treating Allison Baden-Clay’s disappearance as a homicide investigation.

    Investigators wait for formal identification.

    Superintendent Mark Ainsworth says police are taking seriously the possibility that the body belongs to Allison Baden-Clay and her family is notified.

    “They’re devastated. You can’t explain it any other way,” he said.

    Police appeal for information from anyone who may have seen anything in the area the night she disappeared, including either of the family’s cars.

    May 1, 2012

    Police confirm the body found is that of Allison Baden-Clay.

    Superintendent Mark Ainsworth says her death is officially being treated as a murder investigation.

    “At this stage we are looking at an unlawful homicide investigation – we have been looking at that for some time now; we believe it has reached that level some time ago,” he said.

    Gerard Baden-Clay says he is devastated by the loss of his wife.

    In a statement released by his lawyer, Baden-Clay says his primary concern now is the care of his three daughters.

    He says he just wants to provide his children with some stability and normality given the tragic news and despite “the unrelenting media barrage”.

    A few kilometres away at Kenmore, Baden-Clay’s parents emerge from their home and lower their Australian flag to half mast.

    Neighbours do the same before they all hug each other in grief.

    Meanwhile, a SIM card is discovered in bushland near the search area.

    May 2, 2012

    Police say they are confident they will find the killer of Allison Baden-Clay.

    Investigators say a mobile phone SIM card found at the scene has no link to the case.

    Police say a post-mortem examination on the body will determine the next phase of the investigation.

    Gerard Baden-Clay asks the media for privacy and to let police do their investigations.

    May 10, 2012

    Police are stationed at a roundabout near the Baden-Clays’ Brookfield home.

    Police set up a roadblock on Brookfield Road and speak to drivers, hoping to glean information which may help with their investigation.

    Detectives want to hear from anyone driving in the area the night before Allison Baden-Clay was reported missing.

    May 11, 2012

    A funeral service is held at St Paul’s Anglican Church at Ipswich, west of Brisbane.

    Hundreds of mourners come to pay their respects, including Allison’s immediate family and husband Gerard Baden-Clay.

    Her sister Vanessa Fowler says there are still many questions left unanswered about the circumstances surrounding the 43-year-old’s death.

    “We, your family, pledge to you that we will have these questions answered. We will bring you justice because you deserve nothing less,” she said.

    “Allison, your loss has been felt throughout the entire country by people who do not know you.”

    Mourners are asked to donate to an appeal to support the Baden-Clays’ three young daughters.

    The cause of her death remains unknown.

    May 18, 2012

    Police again say they are confident they will make an arrest over her murder, four weeks after she was reported missing by her husband.

    Police say the killing was not random and the killer was known to Allison but they are yet to make an arrest.

    It is believed police are still awaiting autopsy and toxicology results to confirm her cause of death.

    May 25, 2012

    Police say they are continuing to examine a wide range of evidence.

    May 29, 2012

    Detectives investigating receive the toxicology results but will not release them publicly.

    June 13, 2012

    Gerard Baden-Clay talks to police at the Indooroopilly police station for several hours.

    His lawyers say he is expected to be charged with her murder later tonight. They say he is devastated and will vigorously defend the charge.

    Baden-Clay tells police Allison disappeared after going for a late night walk from their home.

    He is remanded in custody, formally interviewed and charged with murder and interfering with a corpse.

    June 14, 2012

    Gerard Baden-Clay appears in Brisbane Magistrates Court charged with murder, about two months after first reporting his wife missing.

    Prosecution grants a forensic order to allow police to obtain a DNA sample from him.

    His lawyers say the charges will be vigorously defended, and lodge a bail application in the Supreme Court.

    Residents around Brookfield tell the media of their shock.

    June 21, 2012

    Gerard Baden-Clay’s bail application begins in the Supreme Court.

    June 22, 2012

    Gerard Baden-Clay loses his bail application in the Supreme Court with Justice David Boddice saying the accused posed a significant flight risk.

    Prosecutor Danny Boyle earlier argued that Baden-Clay had a financial motive for killing his wife and also cited entries in Allison’s journal suggest the couple may have discussed an affair he had been having with a co-worker.

    Mr Baden-Clay’s barrister, Peter Davis SC, says the Crown’s case is circumstantial and weak.

    June 24, 2012

    A fundraiser is held for Baden-Clay’s three daughters.

    Mike Kaye from the Brookfield Uniting Cricket Club says the fundraiser is important to the family.

    “It’s an opportunity for Allison’s parents Geoff and Priscilla and brothers and sisters to thank the community for their support and also for all those who were out there searching,” he said.

    July 9, 2012

    The case returns to Brisbane Magistrates Court for a hearing.

    Magistrate Chris Callaghan says he is “flabbergasted” upon hearing it will take five months for police to fully examine the financial affairs of Gerard Baden-Clay.

    The court hears there will be 330 statements tendered to the defence but the prosecution says it will not have a forensic accountant’s report until November.

    The prosecution has been ordered to provide most of the brief of evidence to Baden-Clay’s lawyers within six weeks.

    September 3, 2012

    The matter returns to court where Baden-Clay’s lawyers express frustration that prosecutors still have not provided them with all of the witness statements.

    Prosecutor Danny Boyle tells the court 446 witness statements have already been provided to defence team but five statements, described as crucial, remain outstanding.

    The prosecution is ordered to provide outstanding documents by the end of the week.

    September 5, 2012

    A Supreme Court Judge, Justice Glenn Martin, gives Allison’s father Geoffrey James Dickie temporary control of her estate, including her life insurance policy.

    If Baden-Clay is acquitted of his wife’s murder he will resume his role as executor of her will.

    If he is convicted, Allison’s parents will be able to go back to court for a permanent order granting them control of their daughter’s estate.

    December 14, 2012

    Gerard Baden-Clay’s defence lawyer lodges a bail application in Supreme Court for the second time.

    His lawyer argues the Crown case has been weakened by the results of a post-mortem examination.

    They say it shows Allison Baden-Clay had traces of an anti-depressant drug in her blood – leaving open the possibility that she took her own life.

    But Justice Peter Applegarth dismisses the application, ruling there was no material change of circumstances and the strength of Crown case was unaffected by the results.

    February 6, 2013

    The Federal Court orders nearly $800,000 from two life insurance policies for Allison Baden-Clay will be held in trust by the court.

    Justice John Dowsett agrees the court should hold the money until after Gerard Baden-Clay faces trial.

    March 11-20, 2013

    Gerard Baden-Clay’s committal hearing begins.

    The Crown alleges Baden-Clay killed his wife because he wanted her insurance payouts to clear his debts and to be with his mistress.

    The court hears his wife had suffered from depression and had used medication to cope and that her marriage was troubled.

    Witnesses tell the court about hearing a woman yell the night Allison disappeared.

    A forensic expert says he believes injuries to Gerard Baden-Clay, which were photographed by police after he reported his wife missing, were caused by fingernail scratches.

    Allison’s friend Kerry Anne Walker is the first of more than 40 witnesses to testify.

    Queensland MP Dr Bruce Flegg tells the court he heard a woman scream on the night before Allison was reported missing.

    Speaking outside the court, Dr Flegg explains his decision not to report it to police that night, saying: “There was nothing to suggest it would be a criminal or police related matter.”

    Dr Flegg says he has known Gerard Baden-Clay “for a long time”.

    A senior Queensland Health forensic expert says some of Baden-Clay’s facial injuries may have been scratch marks but says it is possible some were caused by shaving.

    Two former real estate partners testify Baden-Clay was in debt and was warned to leave his wife or mistress or he would lose their business association.

    Queensland Police Service forensic accountant Kelly Beckett tells court Gerard Baden-Clay’s net financial position was about $70,000 and he owed more than $300,000 to family and friends.

    Baden-Clay’s former mistress Toni McHugh tells the court he told her to lay low in the days after his wife’s disappearance and that he could not afford a divorce.

    His lawyer says he is determined to clear his name.

    Outside court, Baden-Clay’s sister Olivia Walton defends her brother after speaking to the media for the first time.

    “Gerard is an innocent man and I’m here because I continue to support him,” she said.

    Outside court, Baden-Clay’s lawyer Darren Mahony says he believes the cross-examination of 40 witnesses went in his client’s favour.

    “We’re of the view that the evidence against Mr Baden-Clay has been significantly weakened by cross-examination during the court process,” he said.

    December 19, 2013

    Supreme Court Justice James Douglas argues marriage counsellor Ms Carmel Ritchie from Relationships Australia should give evidence at a pre-trial hearing about anything said during counselling sessions.

    Ms Ritchie tries to prevent evidence from the sessions being used in court, arguing it is protected by confidentiality provisions of the Family Law Act.

    February 3-4, 2014

    Gerard Baden-Clay’s re-trial hearing begins in Supreme Court.

    The court hears from pathologist Dr Nathan Milne who conducted the autopsy on Allison Baden-Clay.

    Counsellor Carmel Ritchie also gives evidence, saying Allison told her she had taken an anti-malarial tablet during her honeymoon that had caused psychotic episodes, depression and panic attacks.

    Ms Ritchie tells the court Allison spoke of: her husband’s affair with an employee; how she had confronted him when she found out; and he was now honest and taking responsibility.

    Ms Ritchie also speaks of a separate counselling session with Gerard Baden-Clay where they discussed the affair.

    June 2, 2014

    The pre-trial hearing continues.

    The court hears potential jurors will be polled prior to their selection and will be asked:

  1. If they or their immediate family lived in Anstead, Bellbowrie, Brookfield or Chapel Hill in April 2012;
  2. If they have ever contributed funds relating to the disappearance or death of Allison Baden-Clay;
  3. Whether they have ever expressed a view as to the guilt or innocence of Gerard Baden-Clay.
  • June 9, 2014

    A jury of seven men and five women, plus three reserves, is selected.

    June 10, 2014

    The murder trial begins.

    Gerard Baden-Clay officially pleads not guilty in the Supreme Court to murdering his wife more than two years ago.

    Justice John Byrne tells jury members to ignore all media coverage of the case during the next four weeks.

    July 9, 2014

    After a month-long trial, the prosecution and the defence finish wrapping up their final arguments.

    Justice John Byrne begins summing up the case for the jurors.

    July 15, 2014

    Baden-Clay is found guilty of murder.

Flowers for Allison, may justice has been served

Flowers for Allison, may justice has been served

Ex Rugby league star Craig Field guilty of manslaughter of Kelvin Kane


Big fall from grace for this ex league star, he was doing what most thugs do, but didn’t get away with it this time.

Craig Field guilty of manslaughter of Kelvin Kane outside Kingscliff Hotel in 2012

Tue 9 Dec 2014, 3:34pm

Former rugby league player Craig Field outside Lismore Court.

Photo: Craig Field has been found guilty of the manslaughter of Kelvin Kane. (ABC North Coast: Margaret Burin)

Former rugby league star Craig Field has been found not guilty of murder but guilty of the manslaughter of a man outside a hotel in northern New South Wales in 2012.

Field, 41, admitted to punching 50-year-old Kelvin Kane outside the Kingscliff Hotel but his defence team argued he did not deliver the blow which caused a fatal brain haemorrhage.

The former Rabbitohs, Manly and West Tigers half-back pleaded not guilty to murdering Mr Kane.

Field told the court during his trial that he threw the punch because he feared he was about to be hit.

The defence and prosecution agreed the fatal blow connected with the left side of Mr Kane’s jaw, but there had been conflicting evidence about where the punch thrown by Field landed.

Field told the court his punch grazed Mr Kane’s right temple.

The court also heard another man, Shaun Fathers, could have thrown up to six blows towards the deceased.

But Mr Fathers told police during the investigation none of his punches connected with Mr Kane’s body.

The prosecution told the court medical evidence supported the proposition of a single punch being landed.

Field was refused bail and his sentence date will be set on Monday.


Craig Field trial: Third man’s punches crucial in murder case against former rugby league star, defence argues

Thu 4 Dec 2014, 3:16pm

The role of a third man involved in a scuffle outside a hotel on the New South Wales far north coast is emerging as a crucial factor in the murder trial of a former football star, defence lawyers say.

Craig Field, 41, has admitted to punching 50-year-old Kelvin Kane outside the Kingscliff Hotel in 2012 but his defence team has argued he did not deliver the blow which caused a fatal brain haemorrhage.

The former Rabbitohs, Manly and West Tigers halfback has pleaded not guilty to murdering Mr Kane.

Field told the court he threw the punch because he feared he was about to be hit.

The defence and prosecution agreed the fatal blow connected with the left side of Mr Kane’s jaw but there had been conflicting evidence about where the punch thrown by Field landed.

Field has told the court his punch grazed Mr Kane’s right temple.

But today the jury heard a third man, Shaun Fathers, could have thrown up to six blows towards the deceased.

Earlier in the trial the prosecution quoted a police interview with Mr Fathers in which he admitted to throwing punches but denied any of them connected.

The prosecution told the court medical evidence supported the proposition of a single punch being landed.

No clear picture of incident, defence says

Defence barrister Tony Bellanto told the court there was divergence in the evidence about how Mr Kane fell, whether it was forward, sideways or crumbling.

He said the case was clouded in uncertainty and there was no clear picture of what happened.

Mr Bellanto likened the differing witness statements to magnets which had the effect of repelling each other.

For the second time in as many days he gestured towards his client while addressing the jury.

“This man is not a murderer,” Mr Bellanto said.

“He’s not a person who should be found guilty on manslaughter on this evidence because he didn’t do anything which involved criminal liability.”

Both sides have told the jury medical evidence backed their version of events and have agreed Field at times acted as a peacemaker as tempers frayed during a drinking session that began in the afternoon and lasted into the night.


Murder case against former NRL star Craig Field a ‘terrible irony’ – barrister

Wed 3 Dec 2014, 4:39pm

The defence barrister representing a former rugby league star has told the Supreme Court there is a terrible irony in the murder case against his client.

Craig Field is accused of murdering 50 year-old Kelvin Kane during a scuffle outside the Kingscliff Hotel in 2012.

The prosecution has told the court all the medical evidence points towards the blunt force of a single punch causing a fatal brain haemorrhage.

A witness has told the court he heard a massive, bone-shattering punch connect then saw a man fall to the ground like a rag doll.

There has been conflicting evidence about where Field’s punch landed, and the defence has argued that a second man also punched Mr Kane during the scuffle.

Field has pleaded not guilty, and told the court he threw the punch because he feared he was about to be hit.

Both sides agree the former Rabbitohs, Manly and Wests Tigers halfback was at times acting as a peacemaker as tempers frayed during a drinking session that began in the afternoon and lasted into the night.

Defence barrister Tony Bellanto told the court it was a terrible irony that of the two people who showed the least amount of aggression in the whole episode, one was sitting in the dock and the other was deceased.

He described the evidence against his client as a ‘Clayton’s case’.

At one stage he pointed towards Field and told the jury ‘this man is not a murderer, and he’s not a person who could be convicted of manslaughter on this evidence.’

He will continue his closing argument tomorrow.


Former NRL star Craig Field tells jury he threw a single punch to Kelvin Kane, because he was scared of being hit

Tue 2 Dec 2014, 5:43pm

Former rugby league star Craig Field has told the jury in his murder trial he threw a punch outside a hotel in northern New South Wales because he was scared of being hit himself.

The former Rabbitohs, Manly and Wests Tigers halfback today took the witness stand for the first time.

He is standing trial for the murder of 50-year-old farmer Kelvin Kane.

The jury has heard the men were involved in a scuffle in the carpark of the Kingscliff Hotel in July 2012.

Field today said he was not looking to hurt anyone, but threw a single punch because he saw Mr Kane’s hand cocked and was afraid he was about to be hit.

“I shit myself,” he said.

“I found myself in a predicament I wasn’t comfortable in and didn’t want to be in.

“It happened too quickly for anyone to say anything.

“My thought was that I had to protect myself.

“He (Mr Kane) didn’t fall directly onto his back.

“His knees buckled and he just fell down.”

Field has pleaded not guilty.

The prosecution has alleged the blunt force of that blow was enough to cause a fatal brain haemorrhage.

But the defence has told the court Mr Kane was punched by another man, Shaun Fathers, just seconds earlier.

It called an expert in forensic medicine, Professor John Hilton, who said he had seen similar cases where victims kept functioning for almost a minute before collapsing.

The jury will hear closing arguments from both sides tomorrow and is expected to retire to consider its verdict on Thursday.


Former NRL star Craig Field charged with murder

July 16, 2012
Charges against the former rugby league star are upgraded to murder after the alleged assault of a 50-year-old man in Kingscliff

Former NRL player Craig Field has been charged with murder after a man he allegedly assaulted on the NSW north coast died in hospital, police say.

Kelvin Kane, 50, was found unconscious outside the Kingscliff Beach Hotel on Marine Parade, Kingscliff, by police and paramedics about 9.15pm yesterday. Police allege that he had been punched on the head before falling to the ground.

Mr Kane was given cardiopulmonary resuscitation and taken to Tweed Heads Hospital, where he remained in a critical condition this morning, a hospital spokesman said. He was placed on life support but died this afternoon, Tweed Heads Local Court was told.

Accused ... former Souths player Craig Field.Accused … former Souths player Craig Field. Photo: Steve Christo

Shaun Fathers, 41, and Field, 39, were arrested at a Kingscliff home and taken to Tweed Heads police station, where they were charged with assault occasioning grievous bodily harm this morning before Mr Kane’s death, police said.

The charges for both men were upgraded to murder this afternoon. Aboriginal Legal Service solicitor Tom Ivey did not apply for bail for Field in court, AAP reported.

Both men will remain in custody until they appear before Lismore Magistrates Court on August 21 through a video link.

Kelvin Kane ... died after allegedly being punched by Craig Field.Kelvin Kane … died after allegedly being punched by Craig Field. Photo: Sarah Coulton, Queensland Country Life

A hotel staff member said this morning there was a fight but would not comment any further.

Roy Bartholomew, who sold cattle for Mr Kane last week, said he was a “man’s man” who “loved company and loved life”.

“He’s very open and relaxed and happy-go-lucky,” Mr Bartholomew said, adding that Mr Kane bred Charolais cattle and Charolais and Brahman cross cattle in Queensland, where he owned some property.

Mr Kane’s relative said this afternoon that his family were too upset to speak publicly.

Police appealed for anyone with information to phone Crime Stoppers on 1800 333 000.

Field, 39, started his league career with Souths in 1990 and was promoted to captain in 1994 before leaving them in 1996. He spent two seasons at Manly before joining Balmain Tigers, which became Wests Tigers in 2000. He was dropped from the club by 2002.

He had a playing and coaching stint with Pia in France in 2002 and 2003 before returning to Australia. Field had most recently been the head coach of the Cudgen Hornets A Grade side in the Gold Coast/Tweed Rugby League competition.


 

 

 

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.

Leon Borthwick gets 5 years for manslaughter, victims sister locked out of sentencing


Mark Zimmer, left, and Leon Borthwick

A GRIEVING sister claims she was barred from entering court to see her brother’s killer sentenced to jail today.

Kornelia Zimmer said she was “manhandled” and “treated like a piece of trash” by Supreme Court security staff this morning when she was stopped from entering the ground-floor level of the court.

Her brother Mark Zimmer’s killer, Leon Borthwick, 20, was sentenced to seven and a half years in jail with a non-parole period of five years. Borthwick was jealous of Mr Zimmer, who had struck up a relationship with his ex-girlfriend, and ran down and killed the 18-year-old on November 16, 2008.

He was convicted of manslaughter by a jury in July.

In sentencing Borthwick, Justice Williams said the man could have prevented the tragedy.

“You saw these young men on the road yet despite the screaming protests of your passengers you took no evasive action to avoid those on the road,” she said.

Justice Katharine Williams was forced to pause twice during her sentence because of Kornelia’s yelling outside court.

Outside court, a tearful Kornelia said she was devastated by the way the court had treated her and her family.

“The whole trial process has been nothing but victimisation and further trauma but he court system, we just need judges that are not prejudicial towards criminals,’’ she said.

Due to a Supreme Court mix-up, Kornelia was also incorrectly told the sentence was at 10.30am – half an hour later than the 10am start.

Today’s sentence was further interrupted by victims of crime advocate Noel McNamara, who walked into court demanding answers.

“Who’s responsible for this?” he asked. “This is a disgrace. A victim’s family should be allowed in the body of the court.”

Supreme Court staff today segregated the Zimmer and Borthwick families, citing security reasons. The Zimmer family and supporters were ordered to take upstairs seating, while Borthwick’s family were seated on the ground floor of the court.

“The seating arrangements were made today with the intention they were the best arrangement for the security and everyone’s comfort and safety,’’ Justice Williams said after reading her sentence.

This was rejected by Mark Zimmer’s parents, Christian and Ruth.

“We spent seven weeks during the trial, we were always allowed in the court, we caused no problems, we behaved ourselves and for some reason during sentencing we were not allowed in the court and Konnie would not accept that because it’s a victim’s right to be in the court even during sentencing,” Mr Zimmer said.

The Zimmer family has vowed to take up the matter with new Attorney-General Robert Clark.

“We need to look at the victims’ charter and look at giving victims some rights in the court preceding, they are treated like second-class citizens,’’ he said.

“It’s not fair. We don’t want to be here, we prefer to much be at home with our son but if we have to be here, treat us like decent human beings.”

This is not the first time the Zimmer family have been frustrated by the legal process.

In September last year, they were stunned when Justice Williams agreed with a defence lawyer’s suggestion to delete parts of their victim impact statement. Justice Williams crossed out sections of their statements, prompting Kornelia to throw her statement up in the air and storm out of court.

Their anguish deepened with Borthwick’s sentence was adjourned three times between July and December, causing a delay of nearly six months.

Borthwick’s trial heard the killing was the culmination of a hate campaign in which he threatened to kill Mr Zimmer and held a knife to his genitals.

Borthwick had driven his van onto the wrong side of the road to hit Mr Zimmer, after he had already made a series of threats warning him to stay away from Borthwick’s ex-girlfriend.

He had earlier claimed the death was an accident.

During the emotional court case, Mr Zimmer’s father Christian had told the court, he lives with the memory of his dying son in his arms and the taste of blood in his mouth after desperately trying to resuscitate him.

And he told the court in an earlier pre-sentence hearing that he had begged God not to take his son.

“I tried so hard to save my child’s life, but so much blood was coming from his mouth and nose that it was difficult for me to get air into his lungs,” Mr Zimmer said in a victim impact statement.

“I swallowed so much of his blood that to this day I can still taste Mark’s blood in my mouth.”

The case also hit controversy after Justice Williams previously cut out parts of the victim impact statements.

Mark’s mother Ruth has also spoken of the fact her son’s room has been left untouched since his death in November 2008.

“The day Leon Borthwick killed my son was also the day the family we used to be died with Mark,” she has previously said.

Toddler killer Gursewak Dhillon 'genuinely sorry', court told


A MAN took the hand of Victoria’s top homicide cop and wept while he confessed to causing the death of a three-year-old boy before pleading to meet with the toddler‘s family, a court has heard.

 

Gurshan Singh was remembered as a smiling, mischievous child

Gursewak Dhillon, 25, today pleaded guilty to the manslaughter of Gurshan Singh Channa, whose body was found dumped in long grass on a roadside on March 4 this year.

The Supreme Court today heard Dhillon, a taxi driver, had continually denied any involvement in Gurshan’s death, but later broke down and told the truth.

In an unusual step, Detective Sen-Sgt Ron Iddles gave evidence on behalf of the Indian national. He told the court in his 22 years of investigating homicides, Dhillon was the only accused person to ask to meet with the victim’s family.

“I think that action in itself showed genuine remorse,’’ Det Sen-Sgt Iddles said.

“I think he is genuinely sorry for what happened.”

Details of the extraordinary police interview with were revealed in court today by Dhillon’s barrister Chris Winneke.

“There were long pauses, then he (Dhillon) shifts his chair, moves over to Iddles, holds his hand, looks him in the eyes ands starts to tell him what happened,’’ Mr Winneke said.

“He essentially broke down”.

The court heard Dhillon accidentally hit little Gurshan while opening a security door at the front of the Lalor house he shared with the toddler’s parents Harjit Singh and Harpreet Kaur Channa.

Mr Winneke described what happened next as the result of “fear, panic, naivety and stupidity”.

The court was told Dhillon put the little boy in the boot of his car and drove around for more than two hours before dumping him on the roadside at Oaklands Junction, in Melbourne’s north.

“I was afraid and I wanted to keep myself safe,’’ he later told police.

“I just drive and drive and drive for more than two hours.”

Autopsy reports found the toddler did not die as a result of the injuries he sustained in the accident with the door. The court heard Gurshan may have died of heatstroke when temperatures in the boot reached more than 40 degrees.

Dhillon has pleaded guilty to manslaughter by criminal negligence. He was remanded in custody until February 2 when he will be sentenced by Justice Lex Lasry.

Toddler killer Gursewak Dhillon ‘genuinely sorry’, court told


A MAN took the hand of Victoria’s top homicide cop and wept while he confessed to causing the death of a three-year-old boy before pleading to meet with the toddler‘s family, a court has heard.

 

Gurshan Singh was remembered as a smiling, mischievous child

Gursewak Dhillon, 25, today pleaded guilty to the manslaughter of Gurshan Singh Channa, whose body was found dumped in long grass on a roadside on March 4 this year.

The Supreme Court today heard Dhillon, a taxi driver, had continually denied any involvement in Gurshan’s death, but later broke down and told the truth.

In an unusual step, Detective Sen-Sgt Ron Iddles gave evidence on behalf of the Indian national. He told the court in his 22 years of investigating homicides, Dhillon was the only accused person to ask to meet with the victim’s family.

“I think that action in itself showed genuine remorse,’’ Det Sen-Sgt Iddles said.

“I think he is genuinely sorry for what happened.”

Details of the extraordinary police interview with were revealed in court today by Dhillon’s barrister Chris Winneke.

“There were long pauses, then he (Dhillon) shifts his chair, moves over to Iddles, holds his hand, looks him in the eyes ands starts to tell him what happened,’’ Mr Winneke said.

“He essentially broke down”.

The court heard Dhillon accidentally hit little Gurshan while opening a security door at the front of the Lalor house he shared with the toddler’s parents Harjit Singh and Harpreet Kaur Channa.

Mr Winneke described what happened next as the result of “fear, panic, naivety and stupidity”.

The court was told Dhillon put the little boy in the boot of his car and drove around for more than two hours before dumping him on the roadside at Oaklands Junction, in Melbourne’s north.

“I was afraid and I wanted to keep myself safe,’’ he later told police.

“I just drive and drive and drive for more than two hours.”

Autopsy reports found the toddler did not die as a result of the injuries he sustained in the accident with the door. The court heard Gurshan may have died of heatstroke when temperatures in the boot reached more than 40 degrees.

Dhillon has pleaded guilty to manslaughter by criminal negligence. He was remanded in custody until February 2 when he will be sentenced by Justice Lex Lasry.

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