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"Felt like a criminal": Mother and disabled son "kicked out" of Pink concert

<p>A distraught mother has taken to social media to recall the moment her and her seven-year-old son, who has Down syndrome, were asked to leave a concert venue. </p> <p>Vanessa Vasey, 48, spent over $1,000 to take her son Jesse to see Pink in London during her UK stadium tour, but when the pair arrived at the venue, things took a turn. </p> <p>Jesse struggled to stay still in his seat and was soon surrounded by "six security guards" who ordered the disabled boy to sit down, otherwise they would have to leave.</p> <p>She said she tried to explain her son’s condition to the guards but they ended up being “escorted from the premises” just as Pink took to the stage.</p> <p>On Facebook, Vasey wrote in detail about what happened, saying her son had been “robbed” of a special experience.</p> <p>“Music is his life and Pink is one of his absolute favourites,” she wrote.</p> <p>“We successfully saw her perform at BST Hyde Park last year and were thrilled to learn of her return again this year.”</p> <p>Vasey said she purchased more expensive “hospitality tickets” allowing people to move between bars and food outlets during the night “so that Jesse wouldn’t be pressured into remaining in one seat all night, as he gets overwhelmed in busy environments and finds it hard to sit still.”</p> <p>“We spent some time in the bar leading up to the main act, and Jesse was having a wonderful time, until about 45 minutes before Pink was due to come on, they suddenly shut all the blinds, obstructing us from seeing anything,” she wrote.</p> <p>“I tried to consult with the hospitality managers over this, and explained Jesse’s needs, but they wouldn’t budge on it. So not wanting Jesse to stare at a blind all night, we attempted to go into the seating zone."</p> <p>“We couldn’t get him to sit in his seat, but he was happy dancing and singing at the front railings, and even interacting with some of the other guests."</p> <p>“Doing no harm to anyone, or obstructing anyone’s view. This seemed OK for about half an hour or so. Then ... just as Pink dropped from the sky in her opening number, we had six security guards come into the zone and ask us to leave or sit in our seats.”</p> <p>Vasey said the security guards were “abrupt, intimidating and unpleasant”, as they "tried to force us to take Jesse to a sensory room which was soundproof, and watch Pink on a screen.” </p> <div> </div> <p>“Something we could do at home, robbing us of the whole experience, as if my son was some sort of inconvenience, and better off shut in a room out of sight.”</p> <p>When Vasey complained to venue staff, she claims that more security guards appeared and they had no choice but to leave. </p> <p>“We were escorted out of the building like criminals and saw no more of the Pink show. Jesse was utterly devastated, and they showed absolutely zero care or understanding."</p> <p>“Shame on you Tottenham Stadium,” she concluded. “My poor boy deserved so much better than this!”</p> <p>After UK media picked up Vasey's story, Tottenham Stadium released a statement explaining their actions. </p> <p>“Following further investigation, we can confirm that Ms Vasey was offered assistance by our Safeguarding and Welfare teams throughout the night to provide Jesse with a comfortable viewing experience, including access to our dedicated Sensory Room,” the statement read.</p> <p>“The offers of assistance were declined by Ms Vasey and the party chose to leave the event.”</p> <p>Vasey was soon set upon by online trolls who condemned her choice to take Jesse to the concert in the first place, to which she issues a lengthy statement about inclusivity and not singling people out for their disabilities. </p> <p>“Why do we take them [to events]? Because, as parents, we have the same dreams and aspirations for our children as any other parent,” she wrote.</p> <p>“We have the same desires to see our children’s faces light up, as any other parent would. Our children are exposed to the same world as other children, and they enjoy the same things."</p> <p>“They have the same likes and desires. The only thing that’s different is their needs, their abilities and their way of accessing their dreams."</p> <p>“Why should these things deny them of fulfilling these dreams and passions? This is meant to be a world of inclusion. So let’s start including!"</p> <p>“That means adapting, understanding, supporting and most importantly; changing the way we deliver these privileges so that they are privileges for all of us, and not just some of us.”</p> <p><em>Image credits: Facebook/Richard Isaac/Shutterstock Editorial </em></p> <div class="hide-print ad-no-notice css-qyun7f-StyledAdUnitWrapper ezkyf1c0" style="box-sizing: border-box; caret-color: #292a33; color: #292a33; font-family: HeyWow, Montserrat, 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 15px;"> </div>

Caring

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New claim from Mexican criminal cartel over murdered Aussie brothers

<p>A member of the Sinaloa Cartel has claimed that they were the ones who handed the robbers accused of <a href="https://www.oversixty.com.au/finance/legal/i-killed-them-major-twist-in-slain-aussie-brothers-case" target="_blank" rel="noopener">murdering two Aussie brothers</a> and their American friend over to police. </p> <p>The city of Ensenada, near where the murders occurred, is under the control of a faction of the Sinaloa Cartel, and now they have debunked <a href="https://www.oversixty.com.au/travel/travel-trouble/doesn-t-add-up-new-theory-emerges-in-perth-brothers-deaths" target="_blank" rel="noopener">previous theories </a>that believed the cartel were involved somehow. </p> <p>“They were low-level robbers acting alone,” a member of the group, who chose to remain anonymous, told <em>The Daily Beast</em>. </p> <p>“But we handed them over. We learned that the cops were looking for the gringos and also began looking for those who were responsible. We called the authorities to let them know where to find them.”</p> <p>The cartel member added that the group was afraid of "unwanted attention" from Mexican authorities. </p> <p>Callum Robinson, 33, Jake Robinson, 30, and their friend Jack Carter Rhoad, 30, were all killed in what police have characterised as a bungled robbery while they were camping in the Baja California region during a surfing trip. </p> <p>The trio were reported missing on April 27 after they failed to check-in at their next accommodation. Their bodies were discovered in a well over the weekend with <a href="https://www.oversixty.com.au/health/caring/tragic-new-details-emerge-over-aussie-brothers-missing-in-mexico" target="_blank" rel="noopener">gunshots </a>to the head, around seven kilometres from where they were killed. </p> <p>Three people have been arrested, with the alleged ringleader charged with “forced disappearance”. He has not yet entered a plea and charges are expected to be upgraded to murder in the coming days. </p> <p><em>Image: Instagram/ 7NEWS</em></p>

Legal

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Matildas captain Sam Kerr to face criminal trial

<p>Matildas superstar Sam Kerr has found herself at the centre of legal proceedings in London, as she pled not guilty to charges stemming from an alleged incident involving a police officer earlier this year.</p> <p>Kerr, aged 30, appeared before Kingston Crown Court via videolink to contest accusations of using insulting, threatening or abusive language towards a police officer in Twickenham on January 30.</p> <p>During the hearing, Kerr confirmed her identity and entered a "not guilty" plea to the charge, which was later confirmed by the Metropolitan Police. The specifics of the charge were outlined in a police charge sheet, citing Kerr for a racially aggravated offence under Section 4A of the Public Order Act 1986. The incident allegedly occurred during police intervention related to a complaint involving a taxi fare.</p> <p>The trial, slated to commence in February 2025, is expected to span four days, during which two police officers will provide evidence. Meanwhile, Football Australia (FA) has issued a statement acknowledging the legal proceedings involving Kerr, asserting their commitment to support all players both on and off the field. However, due to the ongoing legal nature of the situation, further comments were withheld.</p> <p>“Football Australia is aware of the legal proceedings involving Sam Kerr in the United Kingdom,” the statement read. “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.”</p> <p>The announcement comes after Kerr's unfortunate sidelining from both club and international duties. Suffering an anterior cruciate ligament (ACL) injury during Chelsea's warm-weather training camp in Morocco, Kerr faces a prolonged period of rehabilitation, ruling her out of action for the foreseeable future. Her absence from the Matildas' lineup is particularly sorely felt, with preparations for the Paris Olympics underway.</p> <p>Despite the setback, Football Australia has not officially ruled Kerr out of contention for the Olympics. However, the typical recovery timeline for ACL injuries suggests a lengthy rehabilitation process, casting doubts on Kerr's participation in the upcoming tournament scheduled to begin on July 26.</p> <p><em>Images: Getty Images</em></p>

Legal

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Council accused of "endorsing criminals" after statue vandalised

<p>The Yarra City Council has been accused of pandering to those who <a href="https://oversixty.com.au/finance/legal/captain-cook-memorial-vandalised-ahead-of-january-26th" target="_blank" rel="noopener">vandalised</a> a statue of Captain Cook in the days before Australia Day. </p> <p>In the early hours of the morning on January 25th, a statue of the British colonist was sawn off at the ankles, while "The colony will fall" was spray-painted on the stone column. </p> <p>Now, the Victorian city council will vote on whether to remove the statue for good, with one councillor claiming that replacing it would be a "waste of money".</p> <p>However, a spokesperson for local residents said "giving in" to vandals would only encourage such destructive behaviour.</p> <p>"If you're going to let vandals and criminals win, then you might as well give up altogether," Adam Promnitz, founder of the Yarra Residents Collective, told Melbourne radio station <em>3AW</em>.</p> <p>While Mr Promnitz admitted there were changing conversations around Australia Day in the inner Melbourne are,a he said this was the wrong way to have a discussion about removing the 110-year-old statue.</p> <p>"This isn't the right way to do things," he said.</p> <p>"You don't just get your own way by being destructive and anti-social and causing criminal damage."</p> <p>"How can it be a good outcome for any body when it is basically a green light for vandals and criminals everywhere that we'll let you get away with what you want and you'll get what you want if you behave like this?"</p> <p>Councillor Stephen Jolly said the majority of the council didn't share this view, telling the <em>Herald Sun</em> that replacing the statue would come at a cost that would better spent elsewhere in the community. </p> <p>"Even people who love Captain Cook, who love Australia Day, will see that repairing a statue that costs thousands to fix isn't the most important thing to spend money on," Cr Jolly said.</p> <p>"Residents want better bin services, more childcare services, cheaper swimming pools."</p> <p>"All of these things are a better way of spending the money [than] on a statue that we know is absolutely certain is going to get ripped down again."</p> <p><em>Image credits: 9News</em></p>

Legal

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Even after his death, Rolf Harris’ artwork will stand as reminders of his criminal acts

<p><em><a href="https://theconversation.com/profiles/gregory-dale-1441894">Gregory Dale</a>, <a href="https://theconversation.com/institutions/the-university-of-queensland-805">The University of Queensland</a></em></p> <p>Australian entertainer and artist Rolf Harris has died at the age of 93.</p> <p>After a prominent career as an artist, particularly in the UK, in 2014 <a href="https://theconversation.com/rolf-harris-guilty-but-what-has-operation-yewtree-really-taught-us-about-sexual-abuse-28282">Harris was convicted</a> of 12 counts of indecent assault.</p> <p>For his victims, his death might help to close a painful chapter of their lives.</p> <p>However, what will become of the prodigious output of the disgraced artist?</p> <h2>Jack of all trades, master of none</h2> <p>Harris developed an interest in art from a young age. At the age of 15, one of his portraits was <a href="https://www.artgallery.nsw.gov.au/prizes/archibald/1946/">selected for showing</a> in the 1946 Archibald Prize. Three years later, he won the Claude Hotchin prize.</p> <p>These would be among the few accolades he would collect in the art world. In truth, he was never really recognised by his peers.</p> <p>The Art Gallery of Western Australia in Perth, from where he hailed, never added any of his artworks to its collection.</p> <p>Harris rose to prominence primarily as a children’s entertainer and then later as an all-round television presenter. There is a generation of Australians and Britons who grew up transfixed to their TV sets as Harris transformed blank canvases into paintings and cartoons in the space of just 30 minutes.</p> <p>His creativity also extended to music. He played the didgeridoo and his own musical creation, “<a href="https://en.wikipedia.org/wiki/Wobble_board">the wobble board</a>”. He topped the British charts in 1969 with the single Two Little Boys. However, he is probably more famous for the song Tie Me Kangaroo Down, Sport.</p> <p>Perhaps the ultimate recognition came in 2005, when he was invited to <a href="https://en.wikipedia.org/wiki/Her_Majesty_Queen_Elizabeth_II_%E2%80%93_An_80th_Birthday_Portrait">paint Queen Elizabeth II</a>. His audience with the queen was filmed for a BBC documentary starring Harris. His portrait of her majesty briefly adorned the walls of Buckingham Palace, before being displayed in prominent British and Australian galleries.</p> <h2>Criminal conviction and the quick retreat from his art</h2> <p>In 2014, Harris was found guilty of 12 counts of indecent assault against three complainants, aged 15, 16 and 19 years at the times of the crimes. These incidents occurred between 1978 and 1986.</p> <p>Before sentencing Harris to five years and nine months imprisonment, the sentencing judge <a href="https://www.smh.com.au/world/the-full-statement-from-the-judge-who-sentenced-rolf-harris-to-jail-20140704-3bee0.html">commented</a>:</p> <blockquote> <p>You took advantage of the trust placed in you, because of your celebrity status, to commit the offences […] Your reputation now lies in ruins.</p> </blockquote> <p>What followed was a public retreat from his artwork.</p> <p>It is worth asking why this was the public response, when the subject matter of his artwork was innocuous and unremarkable. Among his visual artworks were portraits and landscapes. None of them depicted anything particularly offensive or controversial.</p> <p>Nevertheless, many of those who owned his works felt the need to dissociate themselves with Harris. His portrait of the queen <a href="https://www.bbc.com/news/uk-28105318">seemed to vanish</a> into thin air. In the wake of his convictions, no one claimed to know of its whereabouts.</p> <p>Harris had also painted a number of permanent murals in Australia. Many these were <a href="https://www.theage.com.au/national/victoria/rolf-harris-mural-in-caulfield-to-be-painted-over-20140706-zsy3n.html">removed</a> or <a href="https://www.abc.net.au/news/2018-03-06/rolf-harris-mural-on-theatre-survives-vote-for-destruction/9518358">permanently obscured</a>.</p> <h2>The roles of guilt and disgust</h2> <p>Guilt seems to play a <a href="https://espace.library.uq.edu.au/view/UQ:d3f7264">prominent role</a> in explaining why owners remove such artworks from display.</p> <p>Art is inherently subjective and so it necessarily forces the beholder to inquire into the artist’s meanings. When an artist is subsequently convicted of a crime, it is perhaps natural to wonder whether their art bore signs that there was something untoward about them.</p> <p>Some artists even promote this way of thinking. In fact, Harris authored a book entitled <a href="https://www.goodreads.com/book/show/2883465-looking-at-pictures-with-rolf-harris">Looking at Pictures with Rolf Harris: A Children’s Introduction to Famous Paintings</a>.</p> <p>In it, he wrote:</p> <blockquote> <p>You can find out a lot about the way an artist sees things when you look at his paintings. In fact, he is telling us a lot about himself, whether he wants to or not.</p> </blockquote> <p>When facing the artwork of a convicted criminal, our subjective feelings of guilt persist because we have, in some tiny way, shared a role in their rise and stay as an artist. This makes it difficult to overcome the feeling that the artwork contains clues to the artist’s criminality. We can also feel guilty deriving pleasure from a piece of art whose maker caused others great pain.</p> <p>Disgust also plays a central role in our retreat from the criminal’s artwork.</p> <p>Disgust is a powerful emotion that demands we withdraw from an object whose mere presence threatens to infect or invade our bodily integrity.</p> <p>Related to disgust is a anthropological theory known as the “<a href="https://www.latimes.com/science/sciencenow/la-xpm-2014-feb-24-la-sci-sn-price-of-fame-celebrity-contact-boosts-value-of-objects-20140222-story.html">magical law of contagion</a>”. An offensive person leaves behind an offensive trace that continues to threaten us. It is not based on reason but instinct.</p> <p>In essence, the criminal has left their “negative” traces on their artwork.</p> <p>This explains why Harris’ paintings, although of innocuous images, suddenly became eyesores and their market value dropped. Owners of such artwork might also feel compelled to show their disgust openly, to publicly extricate themselves from the artist.</p> <p>No one wants to be seen to condone the behaviour of a sexual offender.</p> <p>Even after his death, Harris’ artwork will continue to stand as reminders of his criminal acts.</p> <p><em>If this article has raised issues for you, or if you’re concerned about someone you know, call <a href="https://www.1800respect.org.au">1800RESPECT</a> on 1800 737 732. In an emergency call 000.<!-- 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/206282/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 --></em></p> <p><em><a href="https://theconversation.com/profiles/gregory-dale-1441894">Gregory Dale</a>, Lecturer, TC Beirne School of Law, <a href="https://theconversation.com/institutions/the-university-of-queensland-805">The University of Queensland</a></em></p> <p><em>Image credits: Getty Images</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/even-after-his-death-rolf-harris-artwork-will-stand-as-reminders-of-his-criminal-acts-206282">original article</a>.</em></p>

Art

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Rebel Wilson’s criminal save

<p> While Rebel Wilson has found her forever love with designer Ramona Agruma, it took overcoming a few bumps in the dating road to get there.</p> <p>Speaking on the <em>U Up?</em> podcast, the <em>Pitch Perfect </em>star revealed one of the more notable dating near-disasters she experienced, and how it was her castmates who saved her. </p> <p>“I did go out with one guy I nicknamed ‘The Criminal’,” she told hosts Jordana Abraham and Jared Freid.</p> <p>“I think he was like a legit criminal. Basically, the <em>Pitch Perfect</em> girls saved me from that one.”</p> <p>She went on to explain that her co-stars had managed to find out “some s**t on the internet” about the guy, and warned her to steer clear of the man. She had, apparently, met him on the set of another production. </p> <p>Suspicion arose for them when the man agreed to come to New York to spend the weekend with Rebel, but refused to share the details of his flight with her. Upon pressing him for an explanation, the man confessed that he was not allowed to fly across state lines as he was “under investigation”. </p> <p>And while the relationship had been a “casual thing, so I [Rebel] didn’t get too deep into that situation”, she added that she felt the need to let him down “easy” as she didn’t want to put herself at risk with an alleged criminal. </p> <p>It wasn’t the only story that Rebel chose to share during her appearance, with the 43-year-old also opening up about how she’d actually been “dumped” by a woman before crossing paths with fiancée Ramona Agruma - with whom she shares daughter Royce Lillian. </p> <p>“I met a woman and had, like, feelings for her, which totally came as a blindside,” Rebel admitted. “It wasn’t what I was expecting.”</p> <p>“I said the words, ‘I don’t want to offend you, but are you interested in women?’</p> <p>“I’ve never had a conversation like that [before] because I was dating dudes and never had to talk about sexuality.</p> <p>“She was like, ‘I have feelings for you as well’.”</p> <p>She noted that it was difficult for her to put her feelings into words, but that time they had together was “very important” to her, and that she wouldn’t be naming her partner out of respect.</p> <p>Things obviously “didn’t end up going anywhere”, but the relationship helped her open up to her sexuality, and she met Ramona soon after. </p> <p>And the rest, as they say, is romantic history. </p> <p><em>Images: Getty </em></p>

Relationships

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"Gross criminal neglect": Brisbane mum receives sentence for death of daughters in hot car

<p>Queenslander Kerri-Anne Conley has been sentenced to nine years in prison for the deaths of her two young daughters. </p> <p>The 30-year-old woman from Logan pleaded guilty to two counts of manslaughter - of two-and-a-half-year-old Darcey-Helen and 18-month-old Chloe-Ann - in Brisbane Supreme Court this week, and today received her sentence from Supreme Court Justice Peter Applegarth. </p> <p>Initially, she had been charged with the murder of her daughter under a law that expanded the definition of the offence, including reckless indifference to human life. However, this Tuesday Kerri-Ann gave a guilty plea to the downgraded manslaughter charges, as well as to the possession of dangerous drugs and utensils. </p> <p>In November 2019, Kerri-Ann had taken her daughters Darcey-Helen and Chloe-Ann to her friend’s house, and then made the “deliberate decision” to leave the toddlers in their car seats upon returning home, before going inside to sleep. Both girls died of hyperthermia at their Waterford West home.</p> <p>"Your first, grossly negligent conduct was in deciding to leave your children in that vulnerable place, uncared for, unheard, and unobserved in the dark," Justice Peter Applegarth declared when handing down Kerri-Ann’s sentence. </p> <p>"Not checking on the children and securing their safety at 6am was another aspect of your ongoing, gross criminal neglect of your duty of care as their mother,” he went on to say. </p> <p>"One can only hope that these little girls slowly succumbed to the growing heat of the day much earlier that morning and faded into a deep sleep from which they never returned.</p> <p>"The alternative of them being awake, distressed, and trapped in their seats is too much to bear thinking about for too long."</p> <p>Kerri-Ann allegedly went to sleep at 6am, after spending time on her phone, and came to find the girls nine hours later. It is estimated that temperatures within the car reached up to 61 degrees Celsius through the day, and the children were lifeless as she pulled them from the vehicle. </p> <p>When paramedics arrived, the girls were hot to the touch, covered in blisters, and had skin peeling from them. They were tragically declared dead at the scene. </p> <p>The court also heard that before Kerri-Ann even contacted emergency services, she attempted to dispose of drug paraphernalia. </p> <p>Justice Applegarth was firm in the belief that "no child should have a parent who uses methamphetamine". Kerri-Ann later admitted to the police that she had taken ice the day before. </p> <p>Of Kerri-Ann’s “egregious breach of trust” against her defenceless children, Crown Prosecutor Sarah Dennis stated that “they were left asleep and presumably restrained in their car seats without the ability or means to free themselves or to seek assistance or to protect themselves from the searing temperatures.”</p> <p>“They were entirely dependent on the defendant, their mother, for their basic needs, one being to keep them protected from harm,” she added. “Rather than doing that, the actions of the defendant exposed them to harm.”</p> <p>Sarah Dennis went on to tell the court that the girls’ deaths could easily have been avoided, and that it wasn’t forgetfulness that had been the cause, but instead Kerri-Ann’s carelessness. </p> <p>“Her behaviour,” she said, “represented an apathy to her own children that was callous.”</p> <p>Justice Applegarth noted that Kerri-Ann had been the victim of an abusive childhood, and acknowledged her diagnosis in custody of a depressive disorder and guilt induced psychosocial stress. </p> <p>"I accept you are remorseful and not a day goes by that you don't think about the death of your daughters and the effect this had on others," he said.</p> <p>Ultimately, Justice Applegarth said that Kerri-Ann’s meth use had led to her daughters’ deaths, and that her previous drug convictions had done nothing to inform her parenting. It was reportedly not the first time she had left her children alone in the car. </p> <p>Kerri-Ann has already served over three years on remand - the majority of which was in custody - with Justice Applegarth having declared this as time served, and will be eligible for parole late November 2024. </p> <p><em>Images: 9News</em></p>

News

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Victorian man’s anti-Dan Andrews plates deemed “offensive” by government

<p dir="ltr">A Victorian man could lose his personalised number plates referencing Premier Daniel Andrews after the state government’s transport body said they had deemed them to be “offensive” and “inappropriate”.</p> <p dir="ltr">In September, Peter Dunlevie received plates that read, “DANOUT”, from VicRoads and attached them to his 2003 Commodore ahead of the state election on November 23.</p> <p dir="ltr">“Well, I want Andrews gone,” he told <em>7NEWS</em>.</p> <p dir="ltr">“I’m just sick of him.”</p> <p><span id="docs-internal-guid-907adc51-7fff-b3f2-85a0-ade8c73e54ba"></span></p> <p dir="ltr">The plates are accompanied by other anti-Andrews messages, including stickers reading, “Save Victoria” and “SACK ANDREWS”.</p> <p dir="ltr"><img src="https://oversixtydev.blob.core.windows.net/media/2022/11/danout1.jpg" alt="" width="880" height="495" /></p> <p dir="ltr"><em>Peter Dunlevie attached plates reading ‘DANOUT’ to his white Commodore. Image: 7NEWS</em></p> <p dir="ltr">However, VicRoads has since written to the Gippsland man and told him to return the plates, writing that the plates are “negative”, “offensive” and “inappropriate”.</p> <p dir="ltr">“A review of our records has identified that the combination ‘DANOUT’ has specific negative references, and may be considered offensive by the broader community,” the letter read.</p> <p dir="ltr">Dunlevie has questioned VicRoads’ assessment of the plates, telling the news outlet that it’s just “a bit of fun”.</p> <p dir="ltr">“What’s offensive about them?” he said.</p> <p dir="ltr">“This is just an old bloke having a bit of fun.”</p> <p dir="ltr">While VicRoads has the authority to cancel personalised plates, Dunlevie said he felt like the transport authority was “trying to gag me”.</p> <p dir="ltr">Following the letter from VicRoads, the state’s Department of Transport has begun a review into the decision to remove the plates from Dunlevie.</p> <p dir="ltr"><span id="docs-internal-guid-2976ccdd-7fff-1b07-2086-9bc20f7378ca"></span></p> <p dir="ltr"><em>Image: 7NEWS</em></p>

Travel Trouble

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Andrew Gaze slams Gina Rinehart for not condemning her father's offensive comments

<p>Basketball legend Andrew Gaze has slammed millionaire mining magnate Gina Rinehart for failing to condemn her father's past comments about Indigenous Australians. </p> <p>The fallout of a $15 million Netball Australia partnership with Rinehart’s Hancock Prospecting stems from comments made by Gina's father, Lang Hancock, in the 1980s.</p> <p>Hancock Prospecting backed out on the lucrative partnership on Saturday, leaving the sporting organisation on the brink of financial ruin.</p> <p>Indigenous player Donnell Wallam was said to be uncomfortable wearing a uniform with the company’s logo after Hancock made the offensive comments in the 1984 documentary <em>Couldn’t be Fairer</em>, eight years before his death.</p> <p>“Those that have been assimilated into earning good living and earning wages among the civilised areas and have been accepted into society and can handle society, I’d leave them well alone,” he said at the time.</p> <p>“The ones that are no good to themselves … I would dope the water up so that they were sterile and would breed themselves out in the future, and that would solve the problem.”</p> <p>Now, Andrew Gaze has come out swinging against Rinehart, calling for her to distance herself from the damaging comments. </p> <p>“She (Gina Rinehart) could have apologised for her father’s comments, distanced herself from them and told us that she doesn’t believe those things. Instead, she pulled her money out,” he said.</p> <p>“I am not blaming Gina Rinehart for her father’s comments, but what I don’t understand is why she won’t very publicly disassociate herself from them,” Gaze said on SEN The Run Home.</p> <p>“(She should say), ‘I love my dad, but (that was wrong)’."</p> <p>“If my dad had said that, or if my uncle, or anyone associated with me, or if my friend said it, (I would say), ‘I love this person, I’m still going to love him, but I’m going to educate him, I’m going to say, no, that is not the right way to deal with that issue, it is actually vile what you’ve said’.”</p> <p>“If you can’t reconsider that, then I’m going to question our friendship, if you’re going to maintain that view, then you’re not a friend of mine."</p> <p>While a string of right-wing politicians have called out the netball team for being ungrateful, everyday Aussies have wondered why Rinehart is staying silent. </p> <p>“If I can be held accountable for the actions of every South Sudanese person in Australia, then Gina Rinehart can acknowledge the actions of the man she inherited her fortune from,” wrote Melbourne-based South Sudanese artist, Atong Atem.</p> <p>“It would amount to ABSOLUTELY nothing without action. Literally folks are asking her to do good PR via empty gesture but it’s only fair.”</p> <p><em>Image credits: Getty Images</em></p>

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New laws prompted by Chris Dawson murder trial

<p dir="ltr">New South Wales is set to introduce new laws making it "impossible" for convicted murders to be released on parole if they refuse to reveal where the bodies of their victims are located.</p> <p dir="ltr">The proposed "no body, no parole" law comes as Chris Dawson was convicted of his wife's murder last month, which happened in 1982. The issue gained attention as soon as the high-profile case gained heavy media coverage – yet the body of Lynette Dawson was never found.</p> <p dir="ltr">NSW Premier Dominic Perrottet said the government's proposed bill would mean offenders must co-operate with investigators and disclose the location of remains for any chance of release on parole.</p> <p dir="ltr">"We will make it impossible for offenders who willfully and deliberately refuse to disclose information about their victim's remains, to be granted parole," Mr Perrottet said.</p> <p dir="ltr">"Being unable to locate a loved one's body is extremely distressing and traumatic for the families and friends of victims and it denies a victim the dignity of being laid to rest appropriately.</p> <p dir="ltr">"These laws are to stop inmates convicted of murder or homicide offences from getting parole unless they co-operate with police to end the torment of families and return to them the remains of their loved ones."</p> <p dir="ltr">"No body, no parole" laws are already in place in other states and territories including Victoria, Queensland, South Australia, Western Australia and the Northern Territory.</p> <p dir="ltr">Under the proposed laws, the State Parole Authority (SPA) must not grant parole unless it decides the offender has cooperated in identifying the victim's location. Once the law has passed, it would apply to all current and future inmates in NSW.</p> <p dir="ltr"><em>Image: Getty</em></p>

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FBI findings cast doubt on Alec Baldwin's claim

<p>A recently-released FBI report has determined that Alec Baldwin could face criminal charges over the shooting of Halyna Hutchins on the set of <em>Rust</em>. </p> <p>According to <em>ABC News</em>, the gun used on the New Mexico movie set could not have been fired without the trigger being pulled.</p> <p>It means that Baldwin, who has repeatedly insisted that he did not pull the trigger, could still face criminal charges for the devastating incident which killed cinematographer Halyna Hutchins and wounded director Joel Souza.</p> <p>The FBI forensic report had been examining the case in great depth to see if any charges could be brought against individuals involved in the incident.</p> <p>It conducted an accidental discharge test and determined the gun used in the fatal shooting of Hutchins “could not be made to fire without a pull of the trigger,” the report stated.</p> <p>The test showed that when the 45 Colt caliber F.lli Pietta single-action revolver’s hammer was in the quarter and half-cock positions, the gun would not fire without the trigger being pulled.</p> <p>When the hammer was in the fully cocked position, the gun “could not be made to fire without a pull of the trigger while the working internal components were intact and functional,” according to the outlet.</p> <p>Despite these claims, Baldwin stated in an interview in December that he, who was in possession of the gun at the time of the shooting, did not fire the weapon. </p> <p>“The trigger wasn’t pulled,” Baldwin said. “I didn’t pull the trigger.”</p> <p><em>Image credits: Getty Images</em></p>

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DJ slammed for playing offensive song to disabled prom queen

<p>A DJ has faced major backlash online after playing Ed Sheeran’s hit single “thinking out loud” as a handicapped prom queen took to the dance floor in her wheelchair.</p> <p>The opening line of the song being “when your legs don’t work like they used to before” was played for Sarah – who was in her wheelchair set to dance with the prom king. Things certainly turned awkward as those in the crowd gasped.</p> <p>Sarah Mendenhall, 23, suffers from a rare neurological condition called Acute Flaccid Myelitis (AFM), which causes muscle weakness and sometimes paralysis, was crowned as prom queen at her school dance when the unfortunate incident took place.</p> <p>A video posted to TikTok by classmate Celeste Orozco showed the two standing in the center of the dance floor while someone placed crowns on their heads; but when the song came on, many people at the event became uncomfortable.</p> <p>Numerous onlookers in the crowd showed their discomfort by letting out gasps and yelling at the DJ, whose identity remains unknown.</p> <p>'This would haunt me the rest of my life if I were the DJ,' Celeste captioned the clip, which has been viewed more than 17 million times.</p> <blockquote class="tiktok-embed" style="max-width: 605px; min-width: 325px;" cite="https://www.tiktok.com/@celesteiliana__/video/7114819205861608747" data-video-id="7114819205861608747"> <section><a title="@celesteiliana__" href="https://www.tiktok.com/@celesteiliana__" target="_blank" rel="noopener">@celesteiliana__</a> a prom queen crowning moment to remember <a title="fyp" href="https://www.tiktok.com/tag/fyp" target="_blank" rel="noopener">#fyp</a> <a title="foryoupage" href="https://www.tiktok.com/tag/foryoupage" target="_blank" rel="noopener">#foryoupage</a> <a title="highschool" href="https://www.tiktok.com/tag/highschool" target="_blank" rel="noopener">#highschool</a> <a title="promqueen" href="https://www.tiktok.com/tag/promqueen" target="_blank" rel="noopener">#promqueen</a> <a title="♬ original sound - Celeste Orozco" href="https://www.tiktok.com/music/original-sound-7114819186958715694" target="_blank" rel="noopener">♬ original sound - Celeste Orozco</a></section> </blockquote> <p>However, Sarah wants everyone to know that she wasn't offended by the song choice.</p> <p>'Hey everyone so this is me,' she wrote in the comment section of the viral clip. 'I found it really funny and ironic.'</p> <p>She added that she 'didn’t know what was playing until way after' because she was so focused on trying to 'dance.'</p> <p>Celeste added, 'We had a great prom night and a good laugh about it the next day.'</p> <p>It appeared that Sarah, who was diagnosed with the autoimmune disease in October 2016, had an amazing night despite the mishap, posting a clip of herself spinning around in the wheelchair on the dance floor to her own TikTok account, writing, 'Just making a core memory. Thats all.'</p> <p><em>Images: Tiktok</em></p>

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Not a ‘relationship’: why the legal language of child abuse needs to change

<p>The ACT government has <a href="https://www.cmtedd.act.gov.au/open_government/inform/act_government_media_releases/rattenbury/2022/act-government-strengthening-family-violence-laws" target="_blank" rel="noopener">announced</a> plans to <a href="https://www.legislation.act.gov.au/b/db_65584" target="_blank" rel="noopener">change the name</a> of the criminal offence of engaging in a “sexual relationship with child or young person under special care” to “persistent sexual abuse of child or young person under special care”.</p> <p>ACT Attorney-General Shane Rattenbury <a href="https://www.abc.net.au/news/2022-02-10/act-bill-change-legal-definition-child-sexual-assault-grace-tame/100817058" target="_blank" rel="noopener">explained</a> this change was inspired by public advocacy by victim-survivors, including 2021 Australian of the Year Grace Tame. The change was made because, for many, the term “relationship” implies the victim was a willing participant in their abuse, adding to the often <a href="https://theconversation.com/review-louise-milligans-witness-is-a-devastating-critique-of-the-criminal-trial-process-148334" target="_blank" rel="noopener">gruelling experience</a> of complainants in sexual assault trials.</p> <p>In 2019, Tasmania made similar reforms in response to <a href="https://www.justice.tas.gov.au/__data/assets/pdf_file/0004/561163/Submission-Knowmore-Renaming-sexual-offences.PDF" target="_blank" rel="noopener">sustained</a> <a href="https://www.justice.tas.gov.au/__data/assets/pdf_file/0003/561162/Submission-EROC-Renaming-sexual-offences.PDF" target="_blank" rel="noopener">advocacy</a>. In that case, the government changed the name of the crime of “maintaining an unlawful relationship with a child” to “<a href="http://classic.austlii.edu.au/au/legis/tas/consol_act/cc192494/s125a.html" target="_blank" rel="noopener">persistent sexual abuse of a child</a>”. Critics had <a href="https://www.abc.net.au/news/2019-08-15/call-for-sexual-assault-laws-overhaul-in-tasmania/11414982" target="_blank" rel="noopener">said</a> the original wording “normalised” sexual offending against children and suggested the child was a voluntary participant.</p> <p>These reforms are the latest chapter in law-making efforts, going back to the 1990s, which aim to craft criminal laws that capture this kind of offending.</p> <p>In recent years the Child Abuse Royal Commission reviewed the relevant laws. The commission found the laws in most states and territories were not working as designed. This has renewed attention to the issue and created an opportunity for reform across the country.</p> <h2>Why the language of the law matters</h2> <p>According to journalist and survivor-advocate Nina Funnell, the “sanitised” language of a relationship <a href="https://www.news.com.au/national/the-australian-states-where-raping-children-is-called-maintaining-a-relationship/news-story/d488b5764056c95224fa369f1eda46f2" target="_blank" rel="noopener">exacerbates</a> the trauma of survivors, painting them as active participants in a mutual romance.</p> <p>These criticisms are backed by research <a href="http://classic.austlii.edu.au/au/journals/AdelLawRw/2021/1.html" target="_blank" rel="noopener">showing</a> that, in some cases, courts have interpreted the crime of an “unlawful sexual relationship” by comparing it to “<a href="https://www.queenslandjudgments.com.au/caselaw/qca/2014/48" target="_blank" rel="noopener">ordinary</a>” sexual relationships between mutually consenting adults.</p> <p>This has made it <a href="https://www.queenslandjudgments.com.au/caselaw/qca/2018/213" target="_blank" rel="noopener">necessary to prove</a> there has been consistent, ongoing sexual contact. Cases where abuse is sporadic or <a href="https://www.queenslandjudgments.com.au/caselaw/qca/2009/181" target="_blank" rel="noopener">opportunistic</a> might not be enough.</p> <p>This is at odds with social science evidence that sexual abuse is often opportunistic. In fact, labelling abuse as a “relationship” mirrors the <a href="https://journals.lww.com/forensicnursing/Fulltext/2008/09000/Cognitive_distortions_in_child_sex_offenders__An.3.aspx" target="_blank" rel="noopener">distorted thinking</a> of many perpetrators.</p> <h2>What about the other states and territories?</h2> <p>The term “relationship” is <a href="https://eprints.qut.edu.au/232485/" target="_blank" rel="noopener">now used</a> in the laws of all states and territories except for Victoria and Western Australia.</p> <p>Although reforms in Tasmania and the ACT change the name of the offence, the words “relationship” or “sexual relationship” still appear in the legislation.</p> <p>In fact, in the past few years, both South Australia and New South Wales have changed their laws from “persistent sexual exploitation” or “persistent sexual abuse” to “maintaining an unlawful sexual relationship”.</p> <p>This reflects the <a href="https://www.childabuseroyalcommission.gov.au/criminal-justice" target="_blank" rel="noopener">recommendations</a> of the Child Abuse Royal Commission that all Australian states and territories adopt this language in their criminal laws. This was despite the commission’s <a href="https://www.childabuseroyalcommission.gov.au/sites/default/files/file-list/final_report_-_criminal_justice_report_-_parts_iii_to_vi.pdf" target="_blank" rel="noopener">acknowledgement</a> this language did not match the “exploitation” of repeated sexual offending against a child.</p> <p>So why did the commission recommend this language?</p> <p>Simply, because it works.</p> <p>Child sexual abuse is one of the most under-punished crimes in Australia.</p> <p>The purpose of the royal commission’s recommendations was to ensure these offences were <a href="https://www.childabuseroyalcommission.gov.au/sites/default/files/file-list/factsheet_-_criminal_justice_report_-_outline_of_recommendations_0.pdf" target="_blank" rel="noopener">made more effective</a> by reflecting the way victims remember repeated child sexual abuse.</p> <p>Our legal system normally requires crimes to be charged individually, with specific details like the time and location of an offence. This gives the accused the best possible chance to mount a defence.</p> <p>However, it is very normal for a survivor of persistent sexual abuse to remember the abuse as a whole and not as individual acts.</p> <p>This creates what two justices of the South Australian Supreme Court have <a href="https://www.adelaidenow.com.au/news/south-australia/supreme-court-warns-of-law-that-makes-it-harder-to-convict-paedophiles-for-longterm-sex-abuse/news-story/68545fdf9e1c4938d4d97c951a10b6b3" target="_blank" rel="noopener">called</a> a “<a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SASCFC/2015/170.html?context=1;query=paradox" target="_blank" rel="noopener">perverse paradox</a>”: that “the more extensive the sexual exploitation of a child, the more difficult it can be proving the offence”.</p> <p>As a result, all Australian states and territories have laws that allow repeated sexual offending against a child to be charged as a single offence. However, in most jurisdictions, juries must still be able to identify and unanimously agree on a minimum number of separate occasions of abuse. This undermines the effectiveness of the laws by requiring complainants to recall details of specific events.</p> <p>At the time of the royal commission, the Queensland law was unique in allowing a jury to convict if they agreed an unlawful sexual relationship existed, even if they did not unanimously agree on specific acts of sexual offending. This overcame the “perverse paradox”.</p> <p>For that reason, the royal commission drafted model legislation using the Queensland wording, labelling the crime “maintaining an unlawful sexual relationship with a child”, and requiring a jury to unanimously agree there was a relationship but not on individual acts of abuse.</p> <h2>Future reforms</h2> <p>Many states and territories have now partly implemented the royal commission’s recommendations, but more work needs to be done. Four states and territories still require evidence of individual acts of sexual offending. This includes the only two states, Victoria and Western Australia, that do not describe the crime as a “relationship” anywhere in their legislation.</p> <p><a href="https://www.thegracetamefoundation.org.au/the-harmony-campaign" target="_blank" rel="noopener">Calls</a> for national reform of these offences using language that accurately names the crime are timely and well justified. Future reforms should tell the truth about this crime: it is persistent sexual abuse of a child, not a relationship. Reform should also create laws that give survivors a chance to secure justice through the courts.</p> <p><em><strong><span id="docs-internal-guid-4fb107f5-7fff-3f11-895e-f8821297a78c">This article originally appeared on <a href="https://theconversation.com/not-a-relationship-why-the-legal-language-of-child-abuse-needs-to-change-184453" target="_blank" rel="noopener">The Conversation</a>.</span></strong></em></p> <p><em>Image: Shutterstock</em></p>

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Woman kicked off flight for “offensive” pants

<p dir="ltr">A DJ who was kicked off a flight for her “inappropriate” and “offensive” pants has claimed she was “humiliated” in front of everyone. </p> <p dir="ltr">South Korean DJ Hwang So-hee, also known as DJ Soda, was on a flight from JFK to LAX with American Airlines on April 25 when she was kicked off. </p> <p dir="ltr">She was left fuming over her treatment and took to Twitter to document the ordeal to her 127,000 followers.</p> <p dir="ltr">“I GOT KICKED OFF FROM  @AmericanAir flight and they harassed me to take off my sponsored @RIPNDIP 'F**K YOU' sweatpants in front of people to board again,” she began. </p> <p dir="ltr">“Yesterday coming back from JFK to LAX with American Airlines, I was harassed and humiliated. I was forced out of the plane and was harassed to take off my pants in front of the flight crews at the gate.</p> <p dir="ltr">“I have never had an issue with wearing this pair of pants before in my many months of touring in North America and they did not have any problem with me wearing it at the time of check-in nor when I sat down at my seat.”</p> <p dir="ltr">DJ Soda claims she was approached by a staff member who told her to pack up her things and that she would not be boarding the flight.</p> <p dir="ltr">They then made comments about her pants calling them “inappropriate” and “offensive” and that she would have the next flight.</p> <p dir="ltr">She explained that she could not afford to miss the flight due to a very important meeting.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">I GOT KICKED OFF FROM <a href="https://twitter.com/AmericanAir?ref_src=twsrc%5Etfw">@AmericanAir</a> flight and they harassed me to take off my sponsored <a href="https://twitter.com/RIPNDIP?ref_src=twsrc%5Etfw">@RIPNDIP</a> 'F**K YOU' sweatpants in front of people to board again. <a href="https://t.co/YU0TrhZjry">pic.twitter.com/YU0TrhZjry</a></p> <p>— djsoda (@dj_soda_) <a href="https://twitter.com/dj_soda_/status/1518850282490187776?ref_src=twsrc%5Etfw">April 26, 2022</a></p></blockquote> <p dir="ltr">“I pleaded to stay on the flight but was ignored by the staff and the flight attendants. I even offered to get changed but the request was denied. What happened next was horrendous,” DJ Soda continued. </p> <p dir="ltr">“With my broken fingers, I hardly ended up taking off my pants in front of the whole crew and standing half-naked while they still refused to board me on the flight. They even sarcastically commented that I could have taken off my pants earlier.</p> <p dir="ltr">“When they finally let me enter, I put my pants inside out and finally sat down after an hour of delay causing inconvenience to the members of the flights on board.</p> <p dir="ltr">“I was mortified and trembling in fear for the next 6 hours on my flight back to LA. In my 8 years of touring, I have never experienced or been treated unfairly, especially in a country that is known for its freedom of speech and individuality.</p> <p dir="ltr">“From now on, I will be boycotting @AmericanAir and hope this NEVER happens to anyone ever again.”</p> <p dir="ltr">DJ Soda was called out by fans who said she was in the wrong, especially since it’s common knowledge to dress appropriately on flights.</p> <p dir="ltr">“Maybe other airlines didn't previously notice; but it is common knowledge that most major airlines have dress policies that prohibit profanity and vulgarity on their flights. They have every right to protect their customers' values. Sorry. No sympathy here.” someone wrote.</p> <p dir="ltr">“That's what you get for dressing inappropriately on an airliner, you're on their plane, their rules. You can fly with Delta, United, Southwest or even pulling TWA back from the grave and they would still kick you out,” another commented.</p> <p dir="ltr">“As well you SHOULD!  It's rude, offensive, and children can READ TOO!! But some of us adults don't want to see or hear it either! America might be the land of the free, but it doesn't mean we don't have some rules. Abide by them or leave!” another wrote.</p> <p dir="ltr"><em>Images: Twitter</em></p>

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Ben Roberts-Smith's former "fixer" delivers extraordinary testimony

<p>Amid a series of extraordinary claims, Ben Roberts-Smith’s former private investigator has told a court he triggered a police investigation into an “unhinged” SAS soldier, along with many other indiscretions.</p> <p>They includes watching woman as she allegedly faked an abortion and dressing as a bartender to spy on network Seven employees, all on behalf of Mr Roberts-Smith.</p> <p>When the relationship came to an end, the private investigator told the court he called Mr Roberts-Smith a “weak dog” for compromising him in an alleged plot to threaten former SAS soldiers.</p> <p>Private eye and former policeman, John McLeod has denied leaking information to the media. This was after the court heard he was closely communicating with Mr Roberts-Smith’s detractors who are accused of feeding private information to journalists.</p> <p>Mr Roberts-Smith is now suing Nine and its journalists over a series of articles claiming he committed war crimes in Afghanistan, bullied his squadmates and abused his “mistress”.</p> <p>Mr Roberts-Smith has denied all the allegations. Insisting he only killed enemy combatants within the rules of war, did not cheat on his wife and he abhors domestic violence.</p> <p>High profile private investigator John McLeod, a former fixer for Mr Roberts-Smith, was called to give evidence in the defamation trial on Wednesday.</p> <p>Mr McLeod told the court he met Mr Roberts-Smith and his wife, Emma Roberts, while working security for a five-star hotel in Brisbane.</p> <p>Mr McLeod became a fixer for Mr Roberts-Smith, running errands and organising mundane elements of their lives like concert tickets and repairs to their new home in Queensland.</p> <p>In recent years, Mr McLeod had turned against Mr Roberts-Smith and was in recent contact with the SAS veteran’s ex wife, as well as being accused of leaking to Nine.</p> <p>By the start of 2018, Mr Roberts-Smith has told the court, his marriage was on the rocks and he was dating a woman known as Person 17.</p> <p>Nine claims Mr Roberts-Smith was still with his wife at the time and punched Person 17 after they had gone to a ritzy VIP party in Canberra.</p> <p>The court has heard Person 17 had travelled to Brisbane for an abortion after telling Mr Roberts-Smith she was carrying his child. Mr McLeod told the court Mr Roberts-Smith sent him to surveille the woman as she went to Greenslopes clinic for the termination.</p> <p>Person 17 did not show up at the airport or the clinic but Mr McLeod said he eventually found her at the nearby Greenslopes hospital which he said does not perform abortions.</p> <p>Mr McLeod told the court he filmed Person 17, who looked like “a normal woman”, coming out of the hospital and sent the video to Mr Roberts-Smith.</p> <p>Mr Roberts-Smith in his evidence last year, told the court Person 17 met him in a hotel room minutes later and confessed she did not have an abortion. She had the abortion earlier, she allegedly told Mr Roberts-Smith, and he ended the volatile relationship.</p> <p>“(It) gave me great concern that I was being manipulated so I’d stay in the relationship.”</p> <p>Mr Roberts-Smith’s legal team have claimed his ex-wife and her best friend, Danielle Scott, leaked private information to Nine ahead of a damaging 60 Minutes program.</p> <p>In court on Wednesday, they began probing Mr McLeod’s relationship with Ms Scott in recent months.</p> <p>“Letting you know I’m thinking of you, we’ll have a drink in Bali over this,” Ms Scott said on March 31.</p> <p>A few days later, following the program, Ms Scott again checked in on Mr McLeod who responded, “They will come for me!!”.</p> <p>“Do you think it was enough to wake Kerry?” Mr McLeod added.</p> <p>Mr McLeod told the court it was likely he was speaking about Kerry Stokes, head of Seven and Mr Roberts-Smith’s financial backer, friend and supporter.</p> <p>Mr Roberts-Smith’s lawyers are claiming he worked with Ms Scott to jeopardise the SAS veteran’s relationship with Mr Stokes.</p> <p>The 60 Minutes episode included secret yet legal recordings of a conversation with Mr Roberts-Smith and others. Mr McLeod is believed to be present at the meeting, the court has heard.</p> <p>Mr McLeod told the court he “despises the media” and denied he was a source.</p> <p><em>Image: Nine News</em></p>

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Andrew “Twiggy” Forrest launches criminal case against Facebook

<p dir="ltr">Billionaire mining magnate Andrew “Twiggy” Forrest has <a href="https://www.bbc.com/news/world-australia-60238985" target="_blank" rel="noopener">launched</a> a criminal case against Facebook over allegations the company failed to prevent scams from using his image, in what he says will be the first criminal case the social media site has faced globally.</p><p dir="ltr">He claims that Facebook breached Australian anti-money laundering laws in relation to the spread of cryptocurrency scams.</p><p dir="ltr">Meta, the company that owns Facebook, has not commented on Dr Forrest’s case but said it was “committed to keeping those people [scammers] off our platform”.</p><p><span id="docs-internal-guid-bfa67ebe-7fff-4f49-77f6-c0b40062082a"></span></p><p dir="ltr">The scams that use Dr Forrest’s image - and those of other celebrities - promote bogus investments that promise rich returns.</p><p dir="ltr"><img src="https://oversixtydev.blob.core.windows.net/media/2022/02/d334da2d4f26441a3bb885ecbd284461-e1643840552644.jpeg" alt="" width="468" height="624" /></p><p dir="ltr"><em>An example of the scams circulating on Facebook using Andrew Forrest's image. Image: <a href="https://www.crikey.com.au/2022/02/03/andrew-forrest-sues-facebook-over-scam-ads-in-world-first-action/" target="_blank" rel="noopener">Crikey</a></em></p><p dir="ltr">Although the platform bans these kinds of ads, many still appear.</p><p dir="ltr">Dr Forrest, the former CEO of Fortescue Metals who has a PhD in Marine Science, has alleged that Facebook had been “criminally reckless” in not doing more to stop the ads which first began appearing in early 2019.</p><p dir="ltr">He said he had also written an open letter in November 2019 addressed to Facebook CEO Mark Zuckerberg, urging him to take action.</p><p dir="ltr">“I’m concerned about innocent Australians being scammed through clickbait advertising on social media,” Forrest said in a statement on Thursday.</p><p dir="ltr">“I’m acting here for Australians, but this is happening all over the world.”</p><p dir="ltr">Under Australian law, the consent of the attorney-general is needed in order to privately prosecute foreign corporations for alleged offences under the Commonwealth Criminal Code.</p><p dir="ltr">“The Attorney-General has given her consent to the private prosecution against Facebook in relation to alleged offences under subsection 400.7(2) of the Criminal Code,” Stephen Lewis, the principal of Mark O’Brien Legal which will be representing Mr Forrest, told <em><a href="https://www.afr.com/technology/andrew-forrest-sues-facebook-over-scam-ads-20220203-p59tlw" target="_blank" rel="noopener">AFR</a></em>.</p><p dir="ltr">Dr Forrest has also filed a civil lawsuit in California, where Facebook’s headquarters are located.</p><p dir="ltr">According to <em><a href="https://www.theaustralian.com.au/business/andrew-twiggy-forrest-takes-on-facebook-in-court-lobbing-worldfirst-criminal-charges-at-the-tech-giant/news-story/bf74fe229f470253ffa8d94abbbb5688" target="_blank" rel="noopener">The Australian</a></em>, he is alleging in that suit that Facebook “knowingly profits from this cycle of illegal ads.</p><p dir="ltr">Citing court documents, the newspaper reported that one victim had lost $940,000 ($1 million NZD) because of a fake endorsement featuring Dr Forrest.</p><p dir="ltr">In a statement to media, the social media company said scam ads violated its policies and that it takes a “multifaceted approach” to stopping them.</p><p dir="ltr">“We work not just to detect and reject the ads themselves but also block advertisers from our services and, in some cases, take court action to enforce our policies,” a Meta representative said.</p><p dir="ltr">Dr Forrest’s case in Australia will be heard in the Magistrates Court of Western Australia from March 28.</p><p dir="ltr">If he is successful, the social media platform could face a maximum penalty of $126,000 ($135,000 NZD) on each of three charges.</p><p dir="ltr"><span id="docs-internal-guid-089583bc-7fff-7c35-d766-b26af1b226a2"></span></p><p dir="ltr"><em>Image: Getty Images</em></p>

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10 of the dumbest criminal moments of all time

<p><em>Image: Getty</em></p> <p>1. Caught-Caught</p> <p><span>Police in Ossining, New York were called to a mini-mart, where they found Blake Leak, 23, trying to break in. They chased Leak through the streets until both cops took a tumble. Seizing the opportunity, Leak sought refuge on the grounds of a large building. The building was the Sing Sing Maximum Security Prison, where he was promptly nabbed by a guard.</span></p> <p><span>2. The case of the liquor store lothario </span></p> <p><span>Scottish shoplifter Aron Morrison was picked up after pinching a bottle of vodka from a bottle shop. It didn’t take Sherlock Holmes to find Morrison, though. His name and phone number were left with the sales assistant – after asking her out on a date.</span></p> <p><span>3. The lowest high there is</span></p> <p><span>For a trio of drug thieves, it was their lucky day. They broke into a home in Silver Springs, Florida, and discovered three jars of cocaine. They took it home and snorted the contents. That’s when they discovered that the jars were in fact urns and that they were snorting the cremains of the victim’s husband and two dogs.</span></p> <p><span>4. The case of the not-so devoted dad</span></p> <p><span>Bring Your Child to Work Day is a long-honoured tradition that allows children to see what goes on in the business world while also getting the chance to watch their parents ply their trade. One crook brought his young son along with him on a job, which happened to be robbing a pet shop. He was caught soon after, minus something important. His son.</span></p> <p><span>5. Watch where you're going</span></p> <p><span>As two men waited in line at the coffee shop to pay their bill, a third cut in front of them. He threw a drink at the cashier and demanded all the money from the cash register. Temporarily surprised, the men quickly recovered and handcuffed the crook. Apparently, in his rush the criminal didn’t notice they were police officers – in full uniform.</span></p> <p><span>6. P.S - Nobody move</span></p> <p><span>It’s the worst possible time to faint – in the middle of robbing a bank. But that’s what happened to this thief. The teller called emergency services and asked for medics. But you have to applaud the man’s stick-to-it-iveness. While the ambulance was en route, the suspect handed a note to the teller demanding all her cash.</span></p> <p><span>7. IOU</span></p> <p>Graham Price of South Wales ripped off the bank where he worked, but he wasn’t completely duplicitous. He left a note in the safe: ‘Borrowed, seven million pounds’– signed ‘Graham Price.’</p> <div id="page7" class="slide-show"> <div id="test" class="slide listicle-slide"> <div class="slide-description"> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">8. No one likes a tattler </div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"><span>A Good Samaritan noticed an elderly man being robbed, so he jumped in and punched the thief. The thief was so upset, he called the police to complain.</span></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"><span>9. Can you read me now?</span><span></span></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"> <div id="page9" class="slide-show"> <div id="test" class="slide listicle-slide"> <div class="slide-description"> <p>When police in Vancouver, Canada, asked to search Jason Pauchay’s apartment for drugs, he was not a suspect – in fact, they were looking for someone else. That all changed when they got a look at how his name was listed on his mobile phone: ‘Jason Pauchay Drug Dealer.’</p> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">10. The back to jail special </div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"> </div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"><span>Two men decided a back-to-school event at an office supply store would be the perfect time to do some shoplifting. After all, sales assistants would be busy helping an influx of shoppers. The sale happened to coincide with the annual ‘Shop with a Cop’ day when about 60 police officers show up to help children pick out school supplies.</span></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"><span></span></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"><em>This article originally appeared on <a href="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">Readers Digest</a>. </em></div> </div> </div> </div> <div class="advertisement"></div> </div> </div> </div> </div>

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What does 'beyond reasonable doubt' mean in criminal law?

<p>When you are charged with an offence by the police, they are required to be able to prove that charge “beyond reasonable doubt”.</p> <p>Under the common law tradition, it is not the responsibility of the accused person to prove his or her innocence; in other words, “the onus of proof” is never rests with the defence.</p> <p>Rather, the prosecution is required to prove all elements (or ingredients) of the alleged offence to a standard of proof known as beyond any reasonable doubt.</p> <p>The defendant, on the other hand, is presumed to be innocent until and unless the prosecution is able to discharge its onus of proving guilt beyond reasonable doubt in a court of law.</p> <p>So, what does all this mean?</p> <p><strong>What is a standard of proof?</strong></p> <p>The standard of proof is the degree to which a decision-maker is convinced that an offence has occurred; a decision-maker including a magistrate in the Local Court, or a jury or judge-alone (in <a href="https://www.sydneycriminallawyers.com.au/blog/when-can-a-defendant-be-granted-a-judge-alone-trial-in-nsw/">judge-alone trials</a> or cases) in a higher court such as the District or Supreme Court.</p> <p>In civil law matters, which include cases where individuals or companies commence proceedings against others for damages, compensation and the like, the standard of proof is “on the balance of probabilities”.</p> <p>This means the decision-maker must be convinced it is more likely than not that the person making the claim – such as the applicant or plaintiff –  has established its case.</p> <p>Expressed in another way, it means the case has been established by more than 50%.</p> <p>This civil law standard of proof is embodied in section 140 of the Evidence Act 1995 (NSW).</p> <p>Criminal cases are where the state prosecutes an individual or company for a criminal offence, such as an assault, drug offence, theft or the like.</p> <p>In these cases, the standard of proof is beyond reasonable doubt.</p> <p>This standard is higher than the civil law standard of proof as it is an attempt to both rectify the unequal power imbalance between the state and an individual as well to reflect the seriousness of the consequent loss of liberty if found guilty (as opposed to mere monetary cost in civil cases).</p> <p>But the courts have made clear that phrase ‘beyond reasonable doubt’ is to be understood only by its ordinary meaning, not by any codified test, whether based on separate criteria or not.</p> <p>The Honourable Justice Newman in the Court of Criminal Appeal case R v GWB [2000] NSWCCA 410 said at [44] that:</p> <p><em>“judges should not depart from the time honoured formula that the words ‘beyond reasonable doubt’ are words in the ordinary English usage and mean exactly what they say”.</em></p> <p>Although the prosecution must always prove each element of their case beyond reasonable doubt, the defendant might make a positive case in their defence – that what is alleged happened differently or had a legal justification, for instance that an act of violence was in self-defence.</p> <p>If the defence raise a case they must prove, it is to the lower standard of on the balance of probabilities.</p> <p>These criminal law standard of proof is embodied in section 141 of the <em>Evidence Act 1995</em> (NSW).</p> <p><strong>Where does the standard of proof come from?</strong></p> <p>Our legal system is based on the presumption of innocence.</p> <p>Again, this means that a person accused of a crime is presumed to be innocent of that crime until and unless that person is found guilty in a court of law.</p> <p>This presumption has become an essential part of our system of justice to ensure fairness.</p> <p>Roman law had the maxim <em>ei incumbit probatio qui dicit, non qui negat </em>or “proof lies on him who says, not on him who denies”.</p> <p>The concept also can be found in the traditions of Jewish and Islamic religious laws. This concept was brought into the English common law in the early Renaissance through influence from the Catholic Church and its canon law, which is based on the ancient Roman system.</p> <p>In 1791, the concept was pithily phrased by the barrister Sir William Garrow as “presumed innocent until proven guilty”. This statement ties together the two key legal concepts of the presumption of innocence and the burden of proof; accordingly it has since become known as the ‘golden thread’.</p> <p>William Blackstone writing on English laws a generation before Garrow stated the philosophy that underpins both the presumption of innocence and the burden of proof being beyond reasonable doubt: “It is better that ten guilty persons escape than that one innocent suffer.”</p> <p>The United Nations has also enshrined the importance of the presumption of innocence and burden of proof in international law under Article 14 of the International Covenant on Civil and Political Rights.</p> <p><strong>Who decides if a charge has been proven beyond reasonable doubt?</strong></p> <p>In criminal law cases, most matters are resolved in the Local Court, which is termed “summary prosecution” in legal lingo.</p> <p>The Local Court is presided over by a Magistrate, who is a local court judicial decision maker. This is an independent legal professional who oversees local court matters at all stages, from beginning to end. In cases being decided by the local court at hearing, the Magistrate is the decision-maker for both questions of fact and questions of law.</p> <p>More serious cases are dealt with “on indictment”, which escalates the matter to the District Court and entitles the defendant to a trial by jury.</p> <p>A jury trial means that the jury are the decision-makers for questions of fact, while questions of law are decided by a District Court Judge.</p> <p>However, in certain cases a defendant can forego their right to a jury in favour of a judge-alone trial, where the judge is decision-maker for both questions of fact and questions of law, like a Local Court Magistrate.</p> <p>The most serious cases the indictment is dealt with in the Supreme Court, in a trial by jury overseen by a Justice of the Supreme Court. Similarly, in certain circumstances a defendant can forego a jury in favour a judge-only trial presided over by a Supreme Court Justice.</p> <p>So, this decision as to whether a charge has been proven beyond reasonable doubt is a matter for a magistrate, a judge, or jury members to decide depending on the case.</p> <p><strong>Can an innocent person be found guilty?</strong></p> <p>Deciding whether an alleged offence is proven beyond reasonable doubt is a subjective decision, about which reasonable minds may differ.</p> <p>Both the defence and the prosecution can be unhappy about a decision made and there is recourse to appeal that decision to a higher court.</p> <p>This means the hearing or trial will be reviewed and the judge will assess whether there was or was not reasonable doubt.</p> <p>The most recent high-profile case on reasonable doubt was the decision of the full bench of the High Court of Australia in the case of <em>Pell v The Queen </em>[2020] HCA 12.</p> <p>The key issue in the case was that, to quote the judgment summary, although:</p> <p><em>“the jury had assessed the complainant’s evidence as thoroughly credible and reliable, the evidence of the opportunity witnesses nonetheless required the jury, acting rationally, to have entertained a reasonable doubt as to the applicant’s guilt in relation to the offences.”</em></p> <p>But it is indicative of how difficult this question can be to answer that it first went through the Chief Judge and a jury in the County Court of Victoria, and then before three justices on appeal to the Court of Appeal of the Supreme Court of Victoria.</p> <p>This article originally appeared on <a href="https://www.sydneycriminallawyers.com.au/blog/what-does-beyond-reasonable-doubt-mean-in-the-criminal-law/">Sydney Criminal Lawyers</a> and is written by Patrick O'Sullivan. </p>

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