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Court views footage of final moments before Clare Nowland was tasered

<p>A registered nurse with nearly 50 years of experience has expressed her deep concern regarding the tasering of 95-year-old Clare Nowland, a resident at Yallambee Lodge nursing home in Cooma, New South Wales.</p> <p>The incident occurred in the early hours of May 17, 2023, and <a href="https://www.oversixty.com.au/news/news/clare-nowland-dies-officer-charged" target="_blank" rel="noopener">resulted in Nowland's death</a>, a great-grandmother suffering from dementia.</p> <p>Senior Constable Kristian James Samuel White, 34, is currently on trial in the NSW Supreme Court facing manslaughter charges related to the incident. He has pleaded not guilty, asserting that he acted lawfully under his duties as a police officer.</p> <p>During her testimony, Nurse Rosaline Baker recounted her alarm when she called triple-0 after Nowland had grabbed two steak knives and a jug of prunes from the kitchen. Following her call for help, White and Acting Sergeant Rachel Pank arrived on the scene after two paramedics. Together with Baker, they located Nowland in a treatment room. When White pulled out his taser, Baker admitted she was unfamiliar with the device and felt "kind of curious". However, her curiosity turned to horror when she heard a loud noise and witnessed Nowland being struck by the stun gun. "I was very, very concerned when she was falling to the ground," Baker stated in court.</p> <p>The trial has revealed troubling details about Nowland's condition and behaviour leading up to that fateful night. Expert testimony indicated that her behaviour had escalated over the three months prior to her death. She exhibited increasingly anti-social behaviour, such as taking food from other residents, attempting to undress in public areas, and refusing assistance from staff. CCTV footage presented during the trial showed Nowland physically lashing out at staff members and even getting stuck in a tree, as well as footage showing the final moments of Nowland's life as she hid from emergency service staff – including Senior Constable White.</p> <p>Nowland had been admitted to the hospital on April 16 and prescribed the anti-psychotic drug Risperdal to manage her aggressive behaviour after incidents involving punching and biting staff. Under questioning by defence barrister Troy Edwards SC, an expert acknowledged that Nowland's behaviour just before she was tasered could have been influenced by a recent reduction in her medication dosage.</p> <p>The trial continues.</p> <p><em>Images: 7 News</em></p>

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"Unfair": Pauline Hanson's tearful pledge after court ruling

<p>Pauline Hanson has made an emotional pledge after the court <a href="https://oversixty.com.au/finance/legal/judge-rules-against-pauline-hanson" target="_blank" rel="noopener">ruled</a> she made racist remarks towards a fellow senator. </p> <p>Justice Angus Stewart found that the One Nation leader engaged in "seriously offensive" and intimidating behaviour when told Greens senator Mehreen Faruqi to "piss off back to Pakistan" in a tweet, with the judge saying the message constitutes "strong racism". </p> <p>After the ruling, Hanson spoke to <em>Sky News</em> in a teary interview in which she called the Federal Court ruling “unfair and unjust”, lamenting that Australia was “not the country I grew up in”.</p> <div> </div> <p>“I just feel that the country’s changed so much in such a way that people can’t say what they think anymore. The thought police is out there, everyone’s shut down for having an opinion,” she said between sobs.</p> <p>“It’s not the country I grew up in."</p> <p>“People may criticise my comment, but I’ve never changed since the first day of politics nearly 30 years ago."</p> <p>“But I think the decision made I think was unfair, unjust and a bit hard, but I’m not going to give up, I’m going to appeal against it, I’m going to fight this.”</p> <p>Handing down his the decision on Friday, Justice Angus Stewart labelled the post as “an angry ad hominem attack”.</p> <p>He ruled the post was “reasonably likely in all the circumstances” to “offend, insult, humiliate and intimidate the applicant and groups of people, namely people of colour who are migrants to Australia or are Australians of relatively recent migrant heritage and Muslims who are people of colour in Australia”.</p> <p>Justice Stewart found that Senator Hanson’s post was motivated by “the race, colour or national or ethnic origin” of Senator Faruqi, and her response was not made in good faith as a fair comment on a matter of public interest.</p> <p>“Senator Hanson’s tweet was merely an angry ad hominem attack devoid of discernible content (or comment) in response to what Senator Faruqi had said,” Justice Stewart said. </p> <p><em>Image credits: Sky News</em></p>

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"Stern warning": William Tyrrell's foster mother abused outside court

<p>William Tyrrell's foster mother has been targeted in wild scenes outside court as she left the inquest into the child's disappearance, as another woman was seen "hurling abuse at her".</p> <p>When leaving court on Monday afternoon, the woman, who is unable to be named, was abused and heckled by an unknown female, as Counsel Assisting Gerard Craddock SC informed NSW Deputy State Coroner Harriet Grahame.</p> <p>"There is no place in civil society for that at all," he told the inquiry. "It is particularly terrible in these circumstances."</p> <p>He asked the coroner to "remind people in attendance that orderly conduct is required. That sort of conduct could amount to being punishable by contempt of court".</p> <p>Coroner Grahame said, "That is very disappointing. If that person is in this court now they should be warned (the court) can take action."</p> <p>"That sort of behaviour must not occur. I'm just disturbed by that sort of behaviour. I use a stern warning. Please behave."</p> <p>The incident was revealed at the beginning of the second day of the resumed inquest into the disappearance of the three-year-old boy 10 years ago.</p> <p>The inquest is probing the <a href="https://oversixty.com.au/finance/legal/new-corpse-disposal-theory-tested-in-william-tyrrell-inquest" target="_blank" rel="noopener">police theory</a> that William Tyrell's foster mother buried his body in bushland after he fell from a balcony and died on the morning he vanished from Kendall, on the NSW mid north coast, in September 2014.</p> <p><em>Image credits: NSW Police</em></p>

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Teen found not guilty of murdering Brisbane mum

<p>A teenager has been found not guilty of murdering Brisbane mother Emma Lovell, with her heart-broken widow shedding tears at the verdict. </p> <p>The now 18-year-old faced trial on the allegation that he had seen a knife in his co-offender's hand and knew he was armed when the pair broke into the Lovell home on Boxing Day in 2022.</p> <p>The main offender fatally stabbed Emma and hurt her husband Lee in the struggle that followed.</p> <p>With the case largely dependant on crucial split-second CCTV, Justice Michael Copley ruled he could not "be satisfied beyond reasonable doubt that the accused knew the other teen was in possession of the knife".</p> <p>The teenager was found not guilty of Ms Lovell's murder or manslaughter and also acquitted of unlawful wounding, but was found guilty of burglary and assault in company.</p> <p>Outside the court, Lee Lovell became emotional as he told reporters, "I'm not feeling too great at the moment - the verdict was a joke. I don't feel justified for Emma one bit."</p> <p>"You try and do the best you can for her and I don't feel I've been able to do that."</p> <p>Mr Lovell said legislation needed to be changed in order for victims and their families to have justice. </p> <p>"You are a part of killing someone and you get a burglary charge. What does that say for anyone going forward," he said.</p> <p>"We are the ones with a life sentence now."</p> <p><em>Image credits: Facebook</em></p>

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Is it possible to have a fair jury trial anymore?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p>The decades-long mystery about what happened to 19-year-old Amber Haigh made it to court in New South Wales earlier this year. Those accused of murdering Haigh were found <a href="https://www.theguardian.com/australia-news/2024/sep/16/amber-haigh-murder-trial-verdict-not-guilty-robert-anne-geeves-ntwnfb">not guilty</a>.</p> <p>Usually we don’t know precisely why someone was found guilty or not. But in this case, the reasons were given.</p> <p>This is because the trial was “<a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/judge_alone_trials.html">judge alone</a>”: a trial without a jury. This means the judge decides on the factual questions as well as the legal ones. And as judges are required to give reasons for their decisions, we learned what was behind the verdict, something usually hidden by the “<a href="http://www.austlii.edu.au/au/journals/SydLRev/2013/32.pdf">black box</a>” of the jury room.</p> <p>Judge alone trials are <a href="https://bocsar.nsw.gov.au/research-evaluations/2024/CJB264-Summary-Effect-of-judge-alone-trials1.html">increasing</a> in New South Wales. Moves are being made in some <a href="https://www5.austlii.edu.au/au/journals/PrecedentAULA/2020/69.html">other Australian jurisdictions</a> to increase access to judge alone trials.</p> <p>While it’s only possible to hold a judge alone trial in certain circumstances, and there are small numbers of such trials relative to other trials, some lawyers and judges think these trials have <a href="https://bocsar.nsw.gov.au/documents/publications/cjb/cjb251-300/CJB264-Report-Effect-of-judge-alone-trials.pdf">advantages</a> over those with a jury.</p> <p>This is because jury trials face a lot of challenges. Some have pondered whether, in this media-saturated environment, there is such a thing as a fair jury trial. So what are these challenges, and where do they leave the time-honoured process?</p> <h2>What happens in a jury trial?</h2> <p>The criminal trial brings together knowledge of the facts that underpin the criminal charge. The task of the jury is to independently assess that knowledge as presented in the trial, and reach a conclusion about guilt to the criminal standard of proof: <a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/onus_and_standard_of_proof.html">beyond reasonable doubt</a>.</p> <p>Crucially, lay people provide legitimacy to this process, as individuals drawn from all walks of life are engaged in the <a href="https://theconversation.com/jury-is-out-why-shifting-to-judge-alone-trials-is-a-flawed-approach-to-criminal-justice-137397">decision-making</a> around the guilt of the accused.</p> <p>The jury is therefore a fundamental part of our <a href="https://theconversation.com/all-about-juries-why-do-we-actually-need-them-and-can-they-get-it-wrong-112703">democracy</a>.</p> <h2>The changing trial</h2> <p>For its legitimacy, the criminal trial traditionally relies on open justice, independent prosecutors and the lay jury (the “black box”), all overseen by the impartial umpire, the judge, and backed up by the appeal system.</p> <p>But these aspects of the criminal trial are being challenged by changes occurring inside and outside the courtroom.</p> <p>These challenges include high levels of <a href="https://theconversation.com/when-punitive-media-intrude-on-the-courts-role-can-justice-be-served-63824">media attention</a> given to criminal justice matters.</p> <p>Another is the questioning about the way <a href="https://theconversation.com/lehrmann-inquiry-whats-a-director-of-public-prosecutions-or-dpp-a-legal-expert-explains-206194">public prosecutors are using their discretion</a> in bringing charges against individuals. This is happening in NSW, ACT and Victoria.</p> <p>There are also concerns about “<a href="https://theconversation.com/junk-science-is-being-used-in-australian-courtrooms-and-wrongful-convictions-are-at-stake-231480">junk science</a>” being relied on Australian courtrooms. This is where unreliable or inaccurate expert evidence is introduced in trials.</p> <p>Some legal bodies are also demanding a <a href="https://lawcouncil.au/publicassets/0e6c7bd7-e1d6-e611-80d2-005056be66b1/120421-Policy-Statement-Commonwealth-Criminal-Cases-Review-Comission.pdf">post-appeal criminal cases review commission</a> to prevent wrongful convictions.</p> <h2>Added complexity</h2> <p>It is not just juries that must come to grips with complex evidence in criminal matters. Judges and lawyers are also required to grasp intricate scientific evidence, understand new areas of expertise, and get across changing practices of validating expert knowledge.</p> <p>The difficulty of these tasks for judges and lawyers was on show in the two special inquiries into Kathleen Folbigg’s convictions for the murder of her children, held in 2019 and 2022–23. Rapid developments in genetic science, alongside other developments, came to <a href="https://theconversation.com/folbigg-pardon-science-is-changing-rapidly-and-the-law-needs-to-change-with-it-207604">cast doubt</a> on the accuracy of Folbigg’s convictions. This was just a few years after the first inquiry concluded there was no reasonable doubt about her guilt.</p> <p>The challenges facing criminal trials are one dimension of much wider social and political dynamics. News and information is produced and consumed differently now. People have <a href="https://theconversation.com/why-so-many-people-have-had-enough-of-experts-and-how-to-win-back-trust-206134">differing degrees</a> of respect for scientific knowledge and expertise. Trust in authority and institutions <a href="https://theconversation.com/5-charts-show-how-trust-in-australias-leaders-and-institutions-has-collapsed-183441">is low</a>.</p> <p>These factors come together in a perfect storm and pose existential questions about what criminal justice should look like now.</p> <h2>What does the future look like?</h2> <p>The future of criminal law and its institutions depends on their <a href="https://ses.library.usyd.edu.au/handle/2123/32995">legitimacy</a>. It’s legitimacy that gives courts the social license and power to proscribe conduct, prosecute crimes and authorise punishment. Juries are a vital piece of this picture.</p> <p>Amid the changing environment, there are things we can do to improve jury trials and in turn, safeguard and enhance their legitimacy.</p> <p>One is providing extremely careful instructions to juries to make sure jurors <a href="https://theconversation.com/we-need-better-jury-directions-to-ensure-justice-is-done-104417">understand their tasks</a>, and do not feel <a href="https://lawfoundation.net.au/wp-content/uploads/2023/12/UNSW_Jury_Study_Hunter_2013.pdf">frustrated</a>.</p> <p>Another is introducing <a href="https://www.researchgate.net/publication/343032083_Regulating_Forensic_Science_and_Medicine_Evidence_at_Trial_It's_Time_for_a_Wall_a_Gate_and_Some_Gatekeeping">higher and better standards</a> for expert evidence. Experts testifying in court need firm guidance, especially on their use of <a href="https://theconversation.com/the-words-that-helped-wrongly-convict-kathleen-folbigg-200635">industry jargon</a>, to decrease chances of wrongful convictions.</p> <p>These sorts of changes might be coupled with changes in criminal laws, like enhancing laws of self-defence so they are <a href="https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/64a58aac48b25f2af05ac74f/1688570542199/CWJ+Arlie+Loughnan+and+Clare+Davidson+Australia.pdf">more accessible to women</a> in domestic violence situations.</p> <p>Together, this would help to future-proof criminal law, ready to meet the challenges of coming years and decades that we are yet to detect.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/239401/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, Professor of Criminal Law, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/is-it-possible-to-have-a-fair-jury-trial-anymore-239401">original article</a>.</em></p> </div>

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Police commissioner faces his son's killer in court

<p>The South Australian police commissioner has faced the young man accused of killing his son in a hit and run in an Adelaide court, sharing an emotional statement about his family's grief. </p> <p>Randhawa, 19, was behind the wheel when he struck Charlie Stevens, 18, who was out celebrating schoolies with his friends. </p> <p>Randhawa has pleaded guilty to aggravated driving without due care and leaving an accident scene after causing death, as Charlie died from his irreversible brain injuries following the crash. </p> <p>“Not a single day goes by when we don’t talk about Charlie, when we don’t talk about him together, there is not a day when we don’t shed a tear thinking about our son and how much we miss him,” Commissioner Grant Stevens said. </p> <p>“Charlie would have been 19 on the 28th of April this year, but instead of celebrating it, it took all our efforts just to get through the day. And we know that that grief is with us for the rest of our lives.”</p> <p>Mr Stevens then addressed Randhawa directly as he said, “We acknowledge you have taken responsibility for what you have done and we are sure this has been difficult for you.”</p> <p>“But you get to move on and the people close to you still have you in their lives. We don’t have Charlie and we want you to remember that.”</p> <p>Charlie’s sister Sophie Tregloan also addressed Randhawa, saying, “Do I hate you? Yes, I absolutely do – but what I hate most is what you’ve taken from myself and my family.”</p> <p>“You have taken so much from us in a split second dumb decision. It’s Charlie’s heart I will miss the most. He was kind, inclusive of all, a pillar of strength.”</p> <p>Randhawa then delivered an emotional apology to the Stevens’ family, saying, “You’re always on my mind and so is Charlie and you will be forever.”</p> <p>“There’s so much I’d like to say but mostly I want to say I’m sorry, and I’m sorry Charlie.”</p> <p>Judge Joanne Tracey is still considering an appropriate sentence for Randhawa, who is out on bail.</p> <p><em>Image credits: SA Police / Facebook</em></p>

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Supreme Court Justice killed just three weeks after retiring

<p>Former South Australian Supreme Court Justice Malcolm Blue has tragically died, just three weeks after retiring. </p> <p>The 70-year-old had been looking forward to spending quality time with his friends and family after retiring, when he was involved in a tractor accident at a vineyard in Willunga South on Saturday morning.</p> <p>South Australian Police were called to the scene after the accident, where police said he died at the scene from his injuries. </p> <p>After his 13-year role as a Supreme Court judge where he earned the respect of politicians and legal professionals, Blue retired in August, as his family said he had been looking forward to spending more time with his family during his retirement.</p> <p>“We are devastated by Malcolm’s loss. He was a much-loved and loving father, partner and brother, and cherished his family,” his family said in a statement <a href="https://www.adelaidenow.com.au/news/south-australia/justice-malcolm-blue-remembered-as-a-great-south-australian-after-death-in-farming-tragedy/news-story/49330193603000f8a0cbf7933b5b7eea?amp" target="_blank" rel="noopener" data-link-type="article-inline">to <em>News Corp</em>.</a></p> <p>“Malcolm was always kind, funny, smart and wonderfully supportive for family, friends and legal colleagues. He was both gentle and brilliant and will be missed terribly."</p> <p>“Having achieved so much during a long and distinguished legal career, Malcolm was looking forward to spending more time with his family on the property."</p> <p>“Malcolm will be deeply missed by his partner Angela, daughters Charlotte, Victoria and Alex, three sisters, along with his extended family, many friends, and colleagues in the legal fraternity.”</p> <p>SA Premier Peter Malinauskas praised Blue’s service to the state at a press conference on Sunday.</p> <p>“Mr Blue was a great South Australian who served his community exceptionally well over a very long period of time,” Malinauskas said.</p> <p>“I’m sure that South Australia will appropriately honour him as someone who’s made a major contribution.”</p> <p>Chief Justice of South Australia Chris Kourakis said Blue’s death was felt across Australia’s judiciary and legal profession, saying, “Justice Blue was a pre-eminent intellect and jurist who selflessly devoted his energy to the work of the court and making justice more accessible to the people of South Australia.”</p> <p><em>Image credits: 7News</em></p>

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Samantha Murphy's accused murderer faces court

<p>The man accused of murdering Samantha Murphy has faced court to an "unprecedented" amount of evidence.</p> <p>Patrick Orren Stephenson, 22, has been charged with the murder of mother-of-three Murphy, 51, at Mount Clear, after she went missing on February 4th.</p> <p>Stephenson was arrested in March, as the police investigation into the location of Murphy's body continued to no avail. </p> <p>Appearing before the Ballarat Magistrates’ Court via video link from prison, Stephenson was told he will wait behind bars for another three months before his case returns due to the "unprecedented" brief of evidence against him.</p> <p>Prosecutors asked the court to adjourn the committal mention for 12 weeks in order to allow them to go through a brief of evidence which contains "extensive" CCTV footage.</p> <div>"We appreciate that is a significant period of time," prosecutor Daniel White told the court. "The brief is extensive and involves an extensive amount of CCTV footage."</p> <p>Stephenson's barrister Moya O'Brien agreed to the three-month delay as she said the evidence brief had only recently been served on defence and was "described as unprecedented in terms of size".</p> <p>Magistrate Mark Stratmann said three months was "a long time" for Stephenson and the community to wait, although agreed to allow the adjournment.</p> <p>Stephenson was remanded back into custody until the case returns to the Ballarat court on November 14.</p> <p>Stephenson's court appearance comes just days after Samantha Murphy’s loved ones marked six months since she vanished.</p> <p><em>Image credits: Nine / Facebook </em></p> </div>

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"Heartbreaking": Teen dies after collapsing on badminton court

<p>Rising badminton star Zhang Zhijie has died after he collapsed in the middle of a match at the Badminton Asia Junior Championships in Yogyakarta, Indonesia on Monday.</p> <p>In an interview with the BBC,  Indonesia’s badminton association PBSI said that the  17-year-old athlete suffered a sudden cardiac arrest. </p> <p>The Chinese athlete was facing Japan’s Kazuma Kawano when he fell to the floor and appeared to convulse. </p> <p>He was stretchered off the floor and taken to a nearby hospital, where he was pronounced dead after they failed to resuscitate him. </p> <p>Viral footage of the tragic incident has sparked fury on Chinese social media platform Weibo, after it showed that it took first medical responders more than 35 seconds to finally arrive and check his condition. </p> <p>According to a PBSI spokesman, medical teams were only following the rule where they needed to get the referee's permission before entering the court. </p> <p>“That is in accordance with the regulations and standards of procedure that applies to every international badminton tournament,” the spokesman said.</p> <p>The Badminton World Federation said it will investigate if the correct protocols were taken during the tragic incident.</p> <p>“Zhang’s death at the Badminton Asia Junior Championships in Yogyakarta, Indonesia is a tragic occurrence, and we are taking all necessary steps to thoroughly review this matter in consultation with Badminton Asia and Badminton Association of Indonesia,” they told <em>TMZ</em>. </p> <p>It is also reported that the medical responders did not have an AED machine to react to the cardiac arrest. </p> <p>Zhijie's death has been a trending topic on Weibo for days, with many outraged over the medical response. </p> <p>One person wrote: “Which is more important - the rules or someone’s life?” </p> <p>Another added: “Did they miss the ‘golden period’ to rescue him?”</p> <p>The badminton community have since paid tribute to the athlete, and they observed a moment of silence in memory of him at the championship on Tuesday. </p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">One minute of silence as we pay our respects to the late Zhang Zhi Jie.</p> <p>Rest in peace. <a href="https://t.co/DhP4actMDJ">pic.twitter.com/DhP4actMDJ</a></p> <p>— BAM (@BA_Malaysia) <a href="https://twitter.com/BA_Malaysia/status/1807601602460819621?ref_src=twsrc%5Etfw">July 1, 2024</a></p></blockquote> <p>The Badminton Association of Malaysia also held a moment of silence at tournament on Sunday, as seen in a video posted on X.</p> <p>“One minute of silence as we pay our respects to the late Zhang Zhijie. Rest in peace," they wrote. </p> <p>China’s badminton association also said that they were “deeply saddened” by the loss. </p> <p>“Zhang Zhijie loved badminton and was an outstanding athlete of the national youth badminton team,” they said in a statement. </p> <p>His parents have since travelled to Yogyakarta to retrieve his body. </p> <p><em>Images: Twitter/ Wide Awake Media</em></p>

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Charlise Mutten's mother flees court in tears

<p>Charlise Mutten's mother has broken down and fled the courtroom in tears after being accused of murdering her nine-year-old daughter.</p> <p>Kallista Mutten was grilled by her ex-fiancé Justin Stein's lawyer on Tuesday about her excessive methamphetamine use, including while pregnant with his child.</p> <p>The grilling began when Carolyn Davenport SC accused her by saying, "You shot and killed your daughter", to which Ms Mutten replied, "Are you serious?"</p> <p>She then burst into tears, crying out "I didn't even know where she was shot" before Ms Davenport added that Mr Stein "had seen you deliver the second shot".</p> <p>After being excused from the witness box, Ms Mutten ran out of the courtroom in tears, while the jury were temporarily sent out.  </p> <p>The dramatic moment came after Ms Mutten admitted taking methamphetamine even when her daughter came to visit.</p> <p>Ms Mutten was being cross-examined on day 12 of Stein's trial, who has been charged with Charlise's murder in January 2022. </p> <p>The 40-year-old admitted to having psychotic episodes while on using ice and had continued to take the drug despite her Charlise's visit during the summer school holidays in 2022.</p> <p>She denied she and Charlise were not getting along in the days before her death, or that she had been told to leave the Stein's Mount Wilson property, and instead left of her own accord.</p> <p>"I chose to leave because I didn't want to be there any more. Yeah, I was very hormonal, I was pregnant. Yeah, I was using, yeah. My emotions were very strong at the time," she said.</p> <p>Stein, 33, has pleaded not guilty to murdering Charlise, but has admitted to disposing the schoolgirl's body.</p> <p><em>Image credits: Daily Mail / Facebook / Nine News</em></p>

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New details emerge in Sam Kerr incident

<p>Court documents have revealed that Sam Kerr was taken into custody was taken into custody and placed in a holding cell on the night she <a href="https://www.oversixty.com.au/finance/legal/sam-kerr-s-alleged-racial-comments-revealed-by-uk-paper" target="_blank" rel="noopener">allegedly verbally abused</a> a UK police officer. </p> <p>The Matildas captain has pleaded not guilty to the public disorder charge of using insulting, threatening or abusive words that caused alarm or distress towards a police officer in Twickenham, London, on January 30, 2023.</p> <p><em>The Sun </em>reported that Kerr allegedly vomited in a taxi, was involved in a dispute about the taxi fare, and allegedly called an attending police officer a “stupid white b*****d”, which her legal team have argued that she actually called him a "stupid white cop".</p> <p>Kerr was <a href="https://www.smh.com.au/world/europe/sam-kerr-s-lawyers-request-police-station-cctv-footage-interview-be-retained-20240314-p5fc9w.html" target="_blank" rel="noopener">reportedly</a> placed in a police custody suite inside a police station and was interviewed during that time.</p> <p>According to court transcripts, there were also numerous body cam clips filmed by police during the alleged incident, which will be used as evidence in court. </p> <p>Kerr's legal team have reportedly requested for video footage of the incident to be made available to them, and  last week they asked the Kingston Crown Court for any CCTV footage from outside a Twickenham station or from inside the custody suite to be provided to them.</p> <p>According to News Corp, her legal team is also yet to receive footage taken from two police body cam clips, and the transcript and audio from her interview while she was detained over the incident. </p> <p><em>The Daily Telegraph </em>reported that during her plea hearing, Kerr was also warned about delaying any decision to change her plea to guilty — should that change of plea occur.</p> <p>“Should there be any change in your position … the sooner you plead guilty to this matter, if that is your intention and your wish, the earlier you do that the better, do you understand?” Judge Judith Elaine Coello  said.</p> <p>“You will lose credit as time goes on and should you be convicted after trial; you will lose all credit you might otherwise have obtained. Are you clear on all of that?”</p> <p>Kerr is due to face trial in February 2025, and if found guilty could face up to six months in jail or an unlimited fine. </p> <p>Her lawyers are preparing to apply for the charges to be dismissed next month. </p> <p><em>Images: Getty</em></p> <p> </p>

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Former world champion cyclist to face court over Olympian wife's death

<p>Rohan Dennis, the husband of former Olympic cyclist Melissa Hoskins, will face court after allegedly causing her death. </p> <p>Dennis, a former world champion cyclist, was arrested in January and charged with  causing death by dangerous driving, driving without due care and endangering life.</p> <p>It is alleged that he recklessly struck his wife with his car in front of their home in Medindie in Adelaide on December 30.</p> <p>Hoskins was rushed to the Royal Adelaide Hospital but died later that night. </p> <p>The pair share two children together, and Dennis is due to appear at the Adelaide Magistrates Court today.</p> <p>If convicted, he faces a maximum penalty of 15 years in prison. </p> <p>The Australian cycling community were devastated when news of Hoskins' death first broke. </p> <p>"Melissa described her team pursuit gold medal at the 2015 world championships as the highlight of her career but for the rest of us, the highlight was just having her around," AusCycling chief executive Marne Fechner said at the time.</p> <p>"Although she retired in 2017, her presence as an alumnus of the sport has been felt and appreciated by many in the cycling and riding community."</p> <p>Hoskins competed in the 2012 Summer Olympics as a member of the Australian track cycling team pursuit, that finished fourth place. </p> <p>She also competed at the 2016 Olympics for the same team, and was in the squad that won the 2015 world title in the event. </p> <p>The Olympian was laid to rest in her hometown, Perth, in January with a public memorial service held in Adelaide during what would've been her 33rd birthday a month later.</p> <p>Dennis, who has been on bail since January, attended both ceremonies. </p> <p><em>Images: Getty</em></p>

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"Who cares?": Kyle Sandilands backs Sam Kerr

<p>Kyle Sandilands has weighed in on Matildas captain Sam Kerr's court battle, after it was alleged that she called a police officer in London a <a href="https://www.oversixty.com.au/finance/legal/sam-kerr-s-alleged-racial-comments-revealed-by-uk-paper" target="_blank" rel="noopener">"stupid white b*****d"</a> during a dispute over a taxi fare.</p> <p>Sandilands was quick to defend the Matildas captain during the <em>Kyle And Jackie O show </em>on Tuesday and insisted that calling someone that didn't warrant a criminal conviction. </p> <p>"It's not even a big deal. She call some guy 'white b*****d'. Who cares?" the 52-year-old shock jock said.</p> <p>"White b******s don't care about that. That's for the other races to worry about," he added, before newsreader Brooklyn Ross quickly changed the topic. </p> <p>Kerr, 30, is preparing to face a four-day trial next February, following the incident that occurred after a night out in Twickenham on January 30, 2023.  </p> <p>The football star appeared in a London court on Monday after she was accused of using insulting, threatening or abusive words that caused alarm or distress to the officer.</p> <p>Kerr has maintained her innocence, pleading not guilty to the charges brought against her.</p> <p>Her legal team hope to have the case thrown out when they return to court next month.</p> <p>In response to the controversy, the sport's governing body Football Australia (FA) said that while they were aware of the legal proceedings, they didn't know about the charges laid against Kerr. </p> <p>"As this is an ongoing legal matter, we are unable to provide further comment at this time. Our focus remains on supporting all our players, both on and off the field. We will continue to monitor the situation and provide support as appropriate," they said in a statement. </p> <p><em>Images: Kyle and Jackie O show/ Getty</em></p>

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"I was shocked": Lisa Wilkinson's text messages shown in court

<p>A series of explosive texts revealed in court have shown how Lisa Wilkinson's controversial Logies speech led to her untimely dismissal from <em>The Project</em>. </p> <p>The texts are contained in an affidavit that Wilkinson and her lawyers have submitted to the Federal Court in relation to a dispute over who will pay her million-dollar legal fees after being sued by Bruce Lehrmann for defamation. </p> <p>In an affidavit to the Federal Court, Wilkinson said she was shocked when she found out she was being let go from <em>The Project</em>, after she discovered her agent Nick Fordham had a meeting with Network Ten CEO Beverley McGarvey.</p> <p>“I was shocked, embarrassed and deeply disappointed by Ms McGarvey’s decision to remove me from <em>The Project,</em>” she said.</p> <p>“At that time, my most recent contract as co-host of The Project had only been signed 11 months before and still had more than two years to run.”</p> <p>Speaking of her agent's meeting, she said, “He told me that Ms McGarvey had informed him that Ten was doing a ‘rebrand’ of <em>The Project</em> with a number of hosting changes. He told me that she had said that those hosting changes included me."</p> <p>“He also told me that she had said that, because there had been too much heat on me in the months since the Logies speech – and, as a result, too much ‘brand damage’ – it was best that I be removed from my hosting role on <em>The Project</em>.”</p> <p>When she said farewell to <em>The Project</em> in 2022, Wilkinson blamed the “targeted toxicity” of sections of the media.</p> <p>“The last six months have not been easy,” Wilkinson told viewers of the panel show when she announced she would be leaving the show. </p> <p>“And the relentless, targeted toxicity by some sections of the media has taken a toll not just on me but on people I love."</p> <p>“I have had a ball,” she said. “But for me right now it’s time for a change. To be clear. I’m not leaving Ten and we’re looking at some very exciting work ideas ahead.”</p> <p>In the affidavit, she says that Ms McGarvey approved Wilkinson’s on-air explanation for her departure and suggested that they “sound very authentic”.</p> <p>“I said to her that this decision to remove me from <em>The Project</em> would result in yet more negative publicity for me, for <em>The Project</em>, and for Ten, particularly if my sudden departure was without explanation,” Wilkinson said.</p> <p>Ms McGarvey told Wilkinson in texts “Perfect delivery, you spoke from the heart.” </p> <p>“It was a beautiful sentiment and you are so generous to your colleagues. Thank you. The media should all be kind, you deserve it.”</p> <p><em>Image credits: Getty Images </em></p>

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Jumping castle operator in court over Hillcrest tragedy

<p>A jumping castle operator who was charged over the 2021 <a href="https://oversixty.com.au/news/news/children-killed-in-hillcrest-tragedy-identified-amid-overwhelming-support" target="_blank" rel="noopener">Hillcrest Primary School tragedy</a> is expected to face court for the first time.</p> <p>Six children, Peter Dodt, Jye Sheehan, Jalailah Jayne-Maree Jones, Zane Mellor, Addison Stewart and Chace Harrison, were killed when the inflatable castle was lifted into the air on December 2021. </p> <p>The students were enjoying the end-of-year celebrations with their classmates on the oval of the school in Devonport in Tasmania's northwest, when the tragic incident occurred. </p> <p>Rosemary Anne Gamble, the operator who worked for Taz-Zorb - the company who supplied and set up the castle - was charged in November after failing to comply with workplace health and safety requirements. </p> <p>It is alleged that the castle was tethered at four of its eight anchorage points and the pegs  recommended by the manufacturer, or a suitable alternative, weren't installed properly. </p> <p>According to court documents, seven students were on the castle when it became dislodged and airborne due to a "significant" weather event, causing them to fall from a height of about 10 metres.</p> <p>A few others were <a href="https://www.oversixty.com.au/news/news/heartbreaking-detail-as-mother-of-jumping-castle-victim-speaks" target="_blank" rel="noopener">reportedly</a> injured, with one nearby student being struck by the blower attached to the castle. </p> <p>It is alleged that Gamble failed to ensure the anchorage system was sufficient to prevent the castle from lifting, and failed to ensure there were pegs at each anchor point as per the manufacturer's instructions. </p> <p>It is also alleged that Gamble failed to provide adequate information, including manufacturer's operating manual to the two workers she was in charge of at the time. </p> <p>She is expected to face the Devonport Magistrates Court for the first time on Friday. </p> <p>Preparations for the coronial <a href="https://www.oversixty.com.au/health/caring/update-on-inquest-into-hillcrest-primary-deaths" target="_blank" rel="noopener">inquest</a> was put on hold because of the criminal charges. </p> <p><em>Image: Twitter/ ABC News</em></p>

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Twist for cop accused of killing Clare Nowland

<p>Senior Constable Kristian James Samuel White, 33, who was accused of killing 95-year-old Clare Nowland <a href="https://www.oversixty.com.au/health/caring/family-horrified-by-police-statement-on-tasering-of-clare-nowland" target="_blank" rel="noopener">with a taser</a> at an aged care home in Cooma, regional NSW has been deemed a “flight risk”. </p> <p>White was charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault over the alleged “excessive use of force”.</p> <p>It is alleged that Nowland was using a walker and holding a serrated steak knife at the time of the incident, when the 33-year-old said “stop, just … nah bugger it” before allegedly tasering her. </p> <p>The great-grandmother fell backwards and fractured her skull, causing an inoperable brain injury that unfortunately led to her death just days later. </p> <p>Just last week, White's charges were upgraded to include an additional charge of manslaughter on advice from the Director of Public Prosecutions.</p> <p>White appeared in court on Wednesday, for the first time since his charges were upgraded, and received two new bail conditions. </p> <p>The Constable was required to surrender his passport and not leave the country due to the upgraded charges. </p> <p>However, prior to his bail conditions being approved, Magistrate Roger Clisdell criticised both Crown prosecutor Victoria Garrity, and White's defence lawyer Warwick Anderson for negotiating the new terms of bail without his input. </p> <p>“I make the decision,” he said.</p> <p>“I would have thought my last explosion would have caused you to be more sensitive to my position.”</p> <p>This comes after the prosecutors failed to tell the Magistrate that they had agreed to allow White to appear in court via video link in May, without the court's consent.</p> <p>The Crown prosecutor defended her actions by saying that she asked him to surrender his passport to mitigate the risk of flight. </p> <p>“With the more serious charge now being faced, there is a heightened risk that he would leave the jurisdiction and not face court,”  she explained. </p> <p>“Those two new conditions are now appropriate.”</p> <p>While the police officer's defence lawyer added that “He has no intention of fleeing the jurisdiction," and agreed to the additional bail conditions “to facilitate the speedy resolution”. </p> <p>White will return to court in February next year. </p> <p>Nowland's family members released a statement via their lawyer after the proceedings on Wednesday. </p> <p>“The family does not wish to comment further on the criminal process at this time given the extremely serious nature of the charge against Mr White, who continues to be a sworn NSW police officer,” the statement read. </p> <p>NSW Police confirmed that White remained suspended from duty with pay.</p> <p><em>Images: ABC News South East NSW: Floss Adams/ News.com.au</em></p>

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"Shame on you!" Robert De Niro's courtroom outburst

<p>Robert De Niro has lost his temper in court, as his former assistant accused him of being abusive. </p> <p>The Oscar-winning actor is being sued by Graham Chase Robinson, who worked as his assistant from 2008 until several months into 2019, for millions of dollars after claiming he was abusive when they worked together. </p> <p>Robinson, 41, seeks $US12 million (approximately AUD$18 million) in damages for emotional distress and harm to her reputation, that she claims has left her jobless and unable to recover from the trauma of working for De Niro.</p> <p>The jury is also considering evidence pertaining to a lawsuit De Niro filed against Robinson in which he claimed that she stole things from him, including five million points that could be used for airline flights.</p> <p>De Niro is countersuing his former employee, seeking the return of three years of Robinson's salary.</p> <p>Robinson's attorney Andrew Macurdy interrogated the actor over some of his questionable behaviour, including allegations that he spoke to Robinson while he was urinating, and claims that he called her a "b***h" to her face.</p> <p>De Niro admitted that while he "got angry" at his former assistant, he was "never abusive".</p> <p>Growing frustrated with the line of questioning, he exclaimed, "You got us all here for this?" </p> <p>Eventually, he angrily looked toward Robinson and shouted, "Shame on you, Chase Robinson!"</p> <p>De Niro was also asked by Macurdy if he he sued Robinson before she sued him because he wanted publicity.</p> <p>"It draws attention to me. It's the last thing I wanted to do," De Niro said.</p> <p><em>Image credits: Getty Images</em></p>

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Queen Camilla meets . . . Princess Margaret?!

<p>In a collision of regal proportions, the world witnessed an unforgettable convergence of the fictitious and the real, as the one and only Helena Bonham Carter, famous for her portrayal of the indomitable Princess Margaret in seasons three and four of <em>The Crown</em>, found herself in the splendid company of none other than the Queen Consort herself, Camilla, at Clarence House.</p> <p>The rendezvous occurred at a glitzy reception held to celebrate 30 years of the Forward Arts Foundation. The Foundation, on a mission to spread the love of poetry throughout the United Kingdom and Ireland, decided to throw this soiree just as London was gearing up for another artistic extravaganza: Frieze Week. Clearly, this was a battle for the city's cultural heart, and poetry had the honour of setting the stage.</p> <p>The highlight of the evening, however, was the majestic meeting of the minds between Bonham Carter and the Queen Consort. As they locked eyes, it was hard to tell who was more starstruck. The actress executed a curtsey so profound it nearly reached the Earth's core before engaging the Queen in delightful conversation.</p> <p>In a refreshing break from her usual attire, which would make even the most extravagant peacock jealous, Bonham Carter sported a dress adorned with bright florals and black feathers, accented by pink ribbons in her hair. Camilla, on the other hand, stole the sartorial spotlight in an arresting peacock feather print shirt dress that must've made any nearby birds quite envious.</p> <p>But Bonham Carter wasn't content with merely being a guest; she also graced the audience with her talents by reciting a poem. Her choice was William Stafford's "Yes," a poem that would have moved Shakespeare himself to stand up, clap and stomp his booted feet.</p> <p>William Sieghart, the founder of the Forward Arts Foundation, expressed his immense pride in the work of the foundation and thanked the Queen for her involvement, calling it "proof of the pudding" that they were indeed making progress.</p> <p>Among the distinguished guests at this intimate soirée were previous winners of the Forward Prizes for Poetry, including the Poet Laureate Simon Armitage, the actress Karen Bryson, and Bonham Carter’s former <em>The Crown</em> co-star, Natascha McElhone. </p> <p>Speaking of royalty, Netflix's juggernaut series, <em>The Crown</em>, has once again captured our attention. The recent announcement of the November and December release dates for the final season has ignited a whirlwind of excitement and speculation. The promotional artwork for this last hurrah features a moody and atmospheric image of the Queen, played by the talented Imelda Staunton, and a reimagining of the iconic photograph of Princess Diana poised on the diving board of a yacht in Portofino, just a week before her untimely departure from this world.</p> <p>While fans eagerly anticipate the upcoming season, it hasn't been without its controversies. Critics have <a href="https://www.oversixty.com.au/entertainment/tv/major-twist-in-store-for-final-season-of-the-crown" target="_blank" rel="noopener">raised their eyebrows at reports</a> suggesting that the show will include depictions of Princess Diana's "ghost". </p> <p>Bonham Carter herself, who graciously passed her fictitious tiara to Leslie Manville for the final seasons, has spoken out about the show's duty to distinguish between fact and artistic license. During a chat on the show's official podcast back in 2020, she insisted that <em>The Crown</em> carries a "moral responsibility" to remind viewers that this is a work of fiction inspired by facts, not an educational documentary. It's a reminder to us all that even the fanciest of crowns can come with a little disclaimer.</p> <p>So, as the final season of <em>The Crown</em> approaches, we can only wonder what other regal surprises are in store for us. In the meantime, let's raise a glass to the poetic evening at Clarence House, where fact met fiction, and where, for a brief moment, we were all kings and queens of our own whimsical kingdom.</p> <p><em>Images: Getty</em></p>

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"Health always comes first": Tina Arena's shock announcement

<p>Tina Arena has shocked her fans after making the "difficult decision" to cancel her upcoming Australian tour. </p> <p>The Aussie songstress announced the news on social media, saying the remainder of her shows on the Australian leg of the Love Saves World tour would be postponed due to illness. </p> <p>This is the first time in her long career that the 55-year-old musician has had to cancel a show.</p> <p>Sharing the announcement on Thursday night, Arena shared a black-and-white photo of her band behind the scenes along with the bad news for her fans.</p> <p>“Hi everyone, for the very first time, I have to postpone the rest of my Australian shows,” she wrote.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/CySpmXGB9ds/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CySpmXGB9ds/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Tina Arena (@tinaarena)</a></p> </div> </blockquote> <p>“Believe me when I say, it was a hard decision. But remember, health always comes first. Therefore, to ensure it won’t happen again... here we are.” </p> <p>She told concertgoers to “hold onto your tickets”, stressing there would be more information to come.</p> <p>“I wish you all the very best, and my sincere apologies for any inconvenience,” she ended the post, signing off with “T”.</p> <p>The remainder of her Australian shows are expected to be postponed until 2024. </p> <p>Tina Arena completed two shows of her tour, one in Perth and one in Sydney, with shows in Queensland, South Australia and Victoria being cancelled. </p> <p><em>Sunrise</em> entertainment editor Peter Ford says the decision is significant because Arena “doesn’t miss shows, she’s old school - if you have a gig booked you do it”.</p> <p>“On her Instagram post, she actually said that this is the first time ever (that she has cancelled). Now, how long has Tina been around... 40 years?”</p> <p>“Fingers crossed she is getting good care and the attention that she needs,” Ford said.</p> <p><em>Image credits: Getty Images</em></p>

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Jubilant scenes as High Court hands down judgment against Qantas

<p>In a landmark decision that saw former employees pumping their fists in celebration inside the courtroom, Qantas has issued a formal apology to its workforce after the High Court declared its actions unlawful when it terminated the employment of over 1,700 ground crew members during the COVID-19 pandemic.</p> <p>The court upheld two prior rulings from the Federal Court that deemed the airline's outsourcing of baggage handlers, cleaners and ground staff to be in violation of the law.</p> <p>The judgment delivered by Justices Susan Kiefel, Stephen Gageler, Jacqueline Gleeson, and Jayne Jagot underscores that taking "adverse action against another person for a substantial and operative reason of preventing the exercise of a workplace right by the other person contravenes (part of section 340 of the Fair Work Act) ... regardless of whether that other person has the relevant workplace right at the time the adverse action is taken."</p> <p>In essence, Qantas could not evade the law by taking such actions before the employees possessed the specific workplace rights the airline sought to obstruct.</p> <p>Australian Council of Trade Unions secretary Sally McManus, who was there for the judgment's announcement, posted a celebratory photo on social media, declaring, "The workers win against Qantas in the High Court. We will always have the backs of workers, well done ⁦@TWUAus"</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">The workers win against Qantas in the High Court. We will always have the backs of workers, well done ⁦<a href="https://twitter.com/TWUAus?ref_src=twsrc%5Etfw">@TWUAus</a>⁩ <a href="https://t.co/wvZr7ouULX">pic.twitter.com/wvZr7ouULX</a></p> <p>— Sally McManus (@sallymcmanus) <a href="https://twitter.com/sallymcmanus/status/1701749294947291564?ref_src=twsrc%5Etfw">September 13, 2023</a></p></blockquote> <p> </p> <p>This legal battle began when the Transport Workers' Union brought a case against Qantas in the Federal Court, asserting that the airline had violated the Fair Work Act by outsourcing its ground operations to circumvent enterprise bargaining rights. Qantas, which had laid off workers in 2020, suffered significant financial losses due to the pandemic's severe impact on the aviation sector.</p> <p>In its response to the High Court's decision, Qantas clarified that it made the decision to outsource its remaining ground handling function in August 2020, at a time when borders were closed, lockdowns were widespread, and COVID-19 vaccines were not yet available.</p> <p>The airline stated, "The likelihood of a years-long crisis led Qantas to restructure its business to improve its ability to survive and ultimately recover."</p> <p>Qantas then expressed deep regret for the adverse personal impact this decision had on the affected employees and offered an apology:</p> <p>"As we have said from the beginning, we deeply regret the personal impact the outsourcing decision had on all those affected and we sincerely apologise for that.</p> <p>"A prior decision by the Federal Court has ruled out reinstatement of workers but it will now consider penalties for the breach and compensation for relevant employees, which will factor in redundancy payments already made by Qantas."</p> <p>The airline outsourced the positions of baggage handlers and cleaners at ten airports in response to a drastic decline in business, citing sound commercial reasons as the motivation, as its operations had plummeted by over 90 percent.</p> <p>However, the Transport Workers' Union argued that Qantas had also sought to preempt industrial action once business returned to normal, contending that the dismissals were in violation of the Fair Work Act, which prohibited actions impeding workers' rights.</p> <p>After losing twice in the Federal Court, Qantas escalated the case to the High Court, which was tasked with determining whether the workers possessed the rights claimed by the union at the time of the outsourcing decision. The unanimous decision of the High Court now paves the way for the workers to pursue compensation.</p> <p>Images: Twitter (X)</p>

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