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"Rot in hell": Family of murdered paramedic speak out over ruling

<p>The man charged with murdering New South Wales paramedic Steven Tougher has been found not criminally responsible due to a mental health impairment, with Tougher's family "appalled" by the decision. </p> <p>In April 2023, Tougher, 29, was stabbed in a McDonald’s carpark by Jordan Fineanganofo, 23, in a frenzied attack at 5am in the Sydney suburb of Campbelltown. </p> <p>The father-to-be had been eating with a colleague when he was approached by Fineanganofo, who stabbed him 55 times and leaving 24 incised wounds. </p> <p>“I am going to f**king kill you,” Fineanganofo said to Mr Tougher, according to the agreed facts and court documents. </p> <p>Mr Tougher was rushed to hospital after the attack, but suffered a cardiac arrest and died at the hospital shortly after he arrived. </p> <p>Both the defence and the Crown prosecutor agreed the court could find Fineanganofo was not responsible because of his mental health issues, with Justice David Davies stating on Friday that he cannot be held criminal responsible. </p> <p>“I am satisfied beyond a reasonable doubt that the accused committed the psychical acts,” he said.</p> <p>“(I) find the accused was suffering from a mental impairment at the time he committed the acts”. </p> <p>Justice Davies found Fineanganofo had been suffering from a mental health impairment at the time of the attack and did not know the wrongness of his actions because of his illness.</p> <p>The court was told Fineanganofo experienced auditory hallucinations, increasing paranoia, and suicidal ideation before the deadly attack, as the 23-year-old told psychiatrists that he heard voices telling him to harm himself and others in the weeks leading up to the offences, and believed he was surrounded by malignant demons.</p> <p>As Justice Davies handed down his decision, Tougher's friends and family broke down in court. </p> <p>“You chose not to take your medication, you’re the demon,” one person shouted at Fineanganofo as he was taken into custody, while another person yelled, “Rot in hell, you dog.”</p> <p>Outside court, Mr Tougher’s father Jeff said the family were “appalled” with the outcome.</p> <p>“It is neither what we wanted nor what we expected,” he said. “Stephen has been lost in this deeply flawed and broken process.”</p> <p>The heartbroken father said the family “strongly oppose” the court's decision to agree to a finding of not criminally responsible, and they were “deeply offended” they were not consulted before the decision was made.</p> <p>Mr Tougher’s father said the family would be pushing for an inquest into the “deplorable” circumstances surrounding his son’s death. </p> <p>“We are damaged today, but we’re not broken. The system is broken, and as a family, we will be fighting for change,” he said. “My son will not be forgotten, nor will his death be dismissed.”</p> <p><em>Image credits: Facebook</em></p>

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Kate Ritchie involved in multi-vehicle car crash

<p>Kate Ritchie has been involved in a multi-vehicle car crash in Sydney's Eastern Suburbs. </p> <p>The radio host was reportedly behind the wheel of her BMW when the incident unfolded in Randwick, with eye-witnesses claiming Ritchie's care collided with a parked Mitsubishi Pajero, forcefully pushing it off the road and into a parked Kia.</p> <p>The owner of the Kia, who wished to remain anonymous, identified Ritchie as the driver of the BMW and confirmed that Ritchie shared her details with him following the collision.</p> <p>After the exchange, Kate, 46, expressed her need to leave promptly to pick up her nine-year-old daughter, Mae.</p> <p>He added that Kate said her personal assistant would follow up on the matter, and that Ritchie did not appear under the influence of alcohol, although no roadside sobriety test was administered by police. </p> <p>All three vehicles involved suffered substantial damage and were later towed away from the suburban street.</p> <p>Daily Mail Australia reached out to NSW Police who provided the following statement.</p> <p>"About 5.10pm on Wednesday (6 November 2024) emergency services were called to Dudley Street, Randwick, following reports of a crash," the statement read.</p> <p>"Officers attached to Eastern Beaches Police Area Command commenced inquiries into the circumstances surrounding the incident. Inquiries revealed a BMW SUV crashed into a parked car."</p> <p> </p> <p>"The 46-year-old female driver of the SUV and the owner of the parked car exchanged details. No injuries were reported. No police action was required."</p> <p><em>Image credits: Instagram - ABC</em></p>

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What does Donald Trump’s win mean for his brand of populist authoritarianism?

<h1 class="theconversation-article-title">What does Donald Trump’s win mean for his brand of populist authoritarianism?</h1> <div class="theconversation-article-body"><a href="https://theconversation.com/profiles/daniel-drache-1409730">Daniel Drache</a>, <em><a href="https://theconversation.com/institutions/york-university-canada-1610">York University, Canada</a></em> and <a href="https://theconversation.com/profiles/marc-d-froese-1411858">Marc D. Froese</a>, <em><a href="https://theconversation.com/institutions/burman-university-5814">Burman University</a></em></p> <p><a href="https://www.opensecrets.org/news/2024/10/total-2024-election-spending-projected-to-exceed-previous-record/">In the most expensive election in American history</a>, Republicans flipped the Senate, likely tightened their grip on the House of Representatives and <a href="https://www.washingtonpost.com/politics/2024/11/06/donald-trump-wins-presidential-election/">returned Donald Trump to the White House</a>.</p> <p>The so-called <a href="https://www.politico.com/news/2022/11/09/abortion-votes-2022-election-results-00065983">“red wave” predicted for the 2022 mid-term elections</a> rolled in two years later, and the MAGA movement is now the dominant force in American politics.</p> <p>Trump has an unprecedented mandate to reshape American life and politics, and is the first Republican to win the <a href="https://thehill.com/homenews/nexstar_media_wire/4976301-when-was-the-last-time-the-republican-party-won-the-popular-vote/">popular vote</a> since 2004. He intends to be an activist and transformative president. Now Americans and the rest of the world must brace for the global fallout in Ukraine, Russia, China, Israel and Iran.</p> <p>According to the <a href="https://www.bbc.com/news/topics/cj3ergr8209t">latest tabulations</a>, more than 71 million of Trump’s followers stayed loyal to the MAGA movement despite <a href="https://theconversation.com/trump-found-guilty-5-key-aspects-of-the-trial-explained-by-a-law-professor-231236">his criminal convictions and indictments</a>, <a href="https://www.motherjones.com/politics/2024/09/trump-hate-speech-migrants-campaign-rallies-incitement/">hate speech</a> and <a href="https://www.washingtonpost.com/politics/how-fact-checker-tracked-trump-claims/2021/01/23/ad04b69a-5c1d-11eb-a976-bad6431e03e2_story.html">fire hose of lies</a>.</p> <p>Trump won the presidency with the help of blue-collar, middle-class voters in the vital centre of the political spectrum, and in open defiance of the political establishment and most political power brokers.</p> <h2>Weak centre</h2> <p>What does Trump’s comeback mean for his unique brand of nationalist authoritarianism?</p> <p>Trump’s victory shows just how weak and lacklustre the centre has become in comparison to surging extremism. The silent majority that once rallied to support Ronald Reagan’s popular agenda, for example, is now a seemingly amoral majority indifferent to Trump’s felonies and his apocalyptic vision for the country.</p> <p>It’s now clear that the <a href="https://www.nytimes.com/2024/10/23/opinion/election-polls-results-trump-harris.html">undecided centre</a> is smaller than ever. Voters on the left were dismayed about Kamala Harris’s support for Benjamin Netanyahu’s government in Israel. Some planned not to vote or <a href="https://www.forbes.com/sites/stephenpastis/2024/11/04/will-third-party-candidates-be-2024-spoilers-heres-the-latest-data-as-trump-harris-race-nearly-tied/">to vote for third-party</a> candidates.</p> <p>What’s more, Republicans have been courting working class and racialized voters for years, and their messaging is paying off. Chipping away small numbers of <a href="https://www.pewresearch.org/short-reads/2024/01/10/key-facts-about-black-eligible-voters-in-2024/">Black</a> and <a href="https://www.pewresearch.org/short-reads/2024/07/19/how-latino-voters-view-the-2024-presidential-election/">Latino</a> voters is adding up to <a href="https://thehill.com/homenews/campaign/4975849-trump-harris-2024-presidential-run/?ipid=promo-link-block1">real gains</a>.</p> <h2>‘Make extremism great again’</h2> <p>The Republican machine has grasped an essential truth: parties must redefine their centre of gravity with the shifting of the <a href="https://www.mackinac.org/OvertonWindow">Overton window</a> of political acceptability, which holds that the centre is not fixed forever; it is simply a gauge of the new extremes.</p> <p>After a decade of the upheaval Trump has fuelled, mainstreaming extremism has become a proven formula for winning elections. The most basic question emphasized by the Trump-Harris showdown was: Can <a href="https://www.thenation.com/article/politics/myth-cheney-democrats-harris-walz-campaign/">cautious centrism</a> defeat <a href="https://www.iiss.org/online-analysis/survival-online/2021/01/trump-politics-of-paranoia/">paranoid populism</a>?</p> <p>In America in 2024, it could not.</p> <p>After 1945, the centre referred to the vast number of voters who rejected <a href="https://www.latimes.com/opinion/story/2024-09-13/on-freedom-timothy-snyder-erasing-history-jason-stanley-book-review">communism and fascism</a> while embracing the welfare state and full-employment capitalism.</p> <figure class="align-left zoomable"></figure> <p>This middle “<a href="https://www.theguardian.com/politics/2003/feb/10/labour.uk1">or third way</a>” — sought by politicians from Tony Blair to Barack Obama — won repeated elections. But today, the centre has been eclipsed by loyalty to a charismatic leader.</p> <p>When the extremes cease to be red lines, reasonable parties can only intermittently eke out a win. That means extremist movements grow ever stronger. What will happen in four years is anyone’s guess. But even after Trump is gone, he will live on atop the conservative pantheon, having risen to even greater esteem among his supporters than Reagan or <a href="https://www.politico.com/magazine/story/2014/10/barry-goldwater-lasting-legacy-112210/">Barry Goldwater</a>, the Republican senator who became a conservative standard-bearer for a generation.</p> <h2>Negative voting</h2> <p>The American election turned on negative voting. The only real question was whose fear would carry the day?</p> <p>Democrats feared the loss of <a href="https://www.brookings.edu/articles/freedom-harriss-message-to-america/">reproductive freedoms</a> for women. Republicans feared immigration conspiracy theories such as “<a href="https://www.npr.org/2022/05/17/1099223012/how-the-replacement-theory-went-mainstream-on-the-political-right">the great replacement</a>” theory.</p> <p>Republicans made border security a successful culture war issue, and it will unquestionably loom even larger in future elections. Gallup has shown that 55 per cent of Americans now want immigration levels <a href="https://news.gallup.com/poll/647123/sharply-americans-curb-immigration.aspx">drastically reduced</a>, a significant rise from 41 per cent just last year.</p> <p>The United States is not alone. What began as anger over Syrian refugees in Germany has metastasized into an enormous <a href="https://www.fosterglobal.com/blog/its-not-just-the-u-s-europes-growing-anti-immigration-backlash/">anti-immigrant backlash across Europe</a>. Anti-immigration sentiment is on the rise <a href="https://immigration.ca/canada-rated-best-country-in-world-for-welcoming-immigrants/">in Canada too despite it being one of the most welcoming nations in terms of immigration</a>.</p> <h2>The rise of anti-immigration sentiment</h2> <p>Future Republican contenders will almost certainly be avowed opponents of immigration given Trump’s stunning comeback. He leveraged the issue at a time when immigrants and border security have become powerful symbols of the enormous changes brought about by globalization.</p> <p>Zygmunt Bauman, the late eminent Polish sociologist, has described the technological advancement that defines global capitalism as “<a href="https://www.theoryculturesociety.org/blog/review-ali-rattansi-bauman-and-contemporary-sociology">liquid modernity</a>.”</p> <p>He argues that constant change <a href="https://openknowledge.worldbank.org/handle/10986/40672">rewards the wealthy and the hyper-mobile</a>. The blue-collar middle class is not worse off in absolute terms, but they’re <a href="https://reviewcanada.ca/magazine/2023/01/the-shill-of-the-people/">falling behind</a> as the billionaire class surges ahead and governments fail to protect the traditional institutions of the welfare state.</p> <p>For Trump voters, the “<a href="https://www.nbcnews.com/meet-the-press/video/trump-doubles-down-on-enemy-within-rhetoric-in-final-campaign-push-222300229921">enemy within</a>” was the most potent narrative for the MAGA coalition. Xenophobia was on <a href="https://www.nytimes.com/2024/10/28/opinion/trump-rally-msg-racism.html">full display</a> during the closing days of the campaign when a comedian at Trump’s Madison Square Garden rally referred to Puerto Rico as an “<a href="https://www.bbc.com/news/articles/cy9jj2g75q4o">island of garbage</a>.”</p> <p>The full force of liquid modernity continues to degrade the institutions of advanced societies and to reward rule-breakers. It’s not hyperbole to suggest this election could transform both America and the post-war <a href="https://www.foreignaffairs.com/united-states/how-trump-will-change-world">liberal international order</a>.</p> <h2>A dark MAGA future</h2> <p>One primary takeaway from this election is that an even darker, more apocalyptic form of the MAGA movement has taken hold. At a recent rally, Elon Musk, the world’s richest man, <a href="https://www.vanityfair.com/news/story/elon-musk-donald-trump-dark-maga-twitter">joined Trump on stage in a black MAGA cap, declaring</a>: “I’m not just MAGA, I’m dark MAGA.”</p> <p>In Trump’s warped view, an electoral loss would have been proof of cheating, but a win is a triumph of the will. In America today, conspiracy theories seemingly attract votes.</p> <p>It’s hard to underestimate the impact of Trump’s toxicity on American civic life. With his new mandate, Trump has a green light to implement most, if not all, of his most extreme policies, from tariffs to cementing an absolutist approach to presidential power.</p> <p>Trump has already promised to prosecute “<a href="https://www.cnn.com/2024/09/08/politics/trump-threatens-prosecution-2024-election-officials/index.html">to the fullest extent of the law</a>” his political enemies. He has threatened to use American troops to round up 15 million undocumented immigrants. It is his stated intent to exercise enormous presidential privilege by pardoning the “patriots” who stormed the capital in January 2021 “<a href="https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-jan-6-pardons-day-one-2024-election-rcna170194">on Day One</a>.”</p> <p>It is far from certain that the American constitutional order will survive intact.<!-- 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/242867/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><a href="https://theconversation.com/profiles/daniel-drache-1409730"><em>Daniel Drache</em></a><em>, Professor Emeritus, Department of Politics, <a href="https://theconversation.com/institutions/york-university-canada-1610">York University, Canada</a> and <a href="https://theconversation.com/profiles/marc-d-froese-1411858">Marc D. Froese</a>, Professor of Political Science and Founding Director, International Studies Program, <a href="https://theconversation.com/institutions/burman-university-5814">Burman University</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/what-does-donald-trumps-win-mean-for-his-brand-of-populist-authoritarianism-242867">original article</a>.</em></p> </div>

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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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"This is revolting": Senator calls for investigation over Kyle and Jackie O comments

<p>A senator has called for an investigation over the constant "vulgar" comments made by Kyle and Jackie O on their morning radio show, claiming the show is "misogynistic" and "racist". </p> <p>Greens Senator Sarah Hanson-Young has questioned the Australian Communications and Media Authority (ACMA) during a senate hearing, asking why an investigation hasn't been launched into their on-air conduct. </p> <p>She said jokes about “being gay” and “divisive and violent language about women and sex” had been aired on the popular program, which is broadcast on the KIIS FM network on weekdays between 6am and 10am. </p> <p>Handing around printed copies of just some of their remarks, Senator Hanson-Young asked the ACMA whether these comments were appropriate for air during the early morning slot.</p> <p>During the hearing, Senator Hanson-Young asked ACMA Chair Nerida O’Loughlin whether she would be able to read them out, to which Ms O'Loughlin replied she would “prefer not to”, noting she “wouldn’t think they were appropriate for parliamentary language”.</p> <p>“These comments, this content, just a snapshot since September. Jokes about people being gay, jokes about one of the producers’ Asian housemates, jokes about dating men who are not quote ‘white’,” Senator Hanson-Young said.</p> <p>“Jokes about the sexual and racial profiles of other journalists from other stations, divisive and violent language about women and sex, and goes into vulgar detail about sex acts. Comments on air that refer to fellow hosts as being annoying ‘b****’, jokes about overweight women and mental health."</p> <p>Senator Hanson-Young said the content was “not just vulgar” but “disgusting”.</p> <p> </p> <p>“It’s belittling, belittling of women, it’s misogynistic, it’s racist, it’s sexist – it’s off,” she said.</p> <p>Senator Hanson-Young went not on to reference 59 complaints about the show made between July and October, but Ms O'Loughlin but noted under the co-regulatory framework that complaints needed to be “dealt with by the broadcaster first and come to us for investigation after that”.</p> <p>Senator Hanson-Young pointed out the ACMA doesn’t have to wait for “specific complaints” to undertake motion investigations, asking why the ACMA hasn’t launched an investigation, claiming the comments breach decency standards.</p> <p> </p> <p>“Why haven’t you? This is revolting, sexist, racist, misogynistic, divisive stuff on free to air radio from 6am in the morning … to 10am in the morning, and you haven’t investigated it?” Ms Hanson-Young said.</p> <p> Ms O’Loughlin said, “We have not turned our mind to undertaking such a review, but I’m happy to take your concerns on notice and discuss that with the authority. We will take those (comments) seriously, and we’ll have an internal conversation.”</p> <p><em>Image credits: Facebook</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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"Disgraceful": Government red tape causes funeral to be cancelled

<p>A local council has cancelled a funeral just 24 hours before it was set to take place due to government red tape. </p> <p>Ever since Shellharbour local Judy passed away, her brother Ron had been working hard to give her a decent send off. </p> <p>However, less than one day before her planned funeral, the Shellharbour Council cancelled the service over an unpaid burial fee. </p> <p>Ron had been liaising with two government agencies to get payment to council for the burial, which <a href="https://9now.nine.com.au/a-current-affair/sydney-council-cancels-funeral-after-government-fails-to-pay-burial-fee-on-time/60cfa883-6a45-4ff7-badd-1a2e4c52b6aa" target="_blank" rel="noopener"><em>A Current Affair</em></a> said was a matter of one government organisation waiting for a simple sign off from another government agency.</p> <p>Confirmation of the payment came through just one day after the funeral should have gone ahead.</p> <p>Ron was left heartbroken over the cancellation and said the council was "very disrespectful" in their dealings, and said he is owed an apology. </p> <p>"Disgraceful in fact. Low-life mongrels to do that to any family in this sort of situation," Ron told <em>ACA</em>.</p> <p>He says the most devastating part was calling family one by one, including Judy's intellectually disabled son, to deliver the news, as he recalled, "He was in tears. I had to get his support worker over just to calm him down."</p> <p>Shellharbour City Council told <em>A Current Affair</em> via email it was "unable to grant interment rights which are legally required before a burial because the fee hadn't been paid".</p> <p>They went on to say in a statement, "Shellharbour City Council acknowledges the complexity of the burial process and apologises for the hurt the family has experienced."</p> <p><em>Image credits: A Current Affair </em></p>

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Disgraced Olympian sentenced over failed drug plot

<p>An Olympic silver medallist and his younger brother, who tried to smuggle hundreds of kilograms of cocaine worth about $200 million into Australia, have been sentenced a second time. </p> <p>Nathan Baggaley, 48, a former champion kayaker and his brother Dru Baggaley, 42, faced Brisbane supreme court on Monday after pleading guilty to attempting to import a commercial quantity of drugs.</p> <p>Dru and another man were intercepted by the navy in July 2017, after he was found using a seven-metre inflatable boat to pick up 650 kilograms of cocaine from a ship near Australia's east coast. </p> <p>The inflatable boat, which was launched from Brunswick Heads on the NSW north coast, had been bought by Nathan and was registered in his name. </p> <p><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">The brothers were previously found guilty of </span>attempting to import cocaine by a Brisbane Supreme Court jury in April 2021. </p> <p>Nathan was sentenced to 25 years' imprisonment and his brother 28 years, but they later won appeals against their convictions and were ordered to face the retrial that was supposed to start on October 28, but instead pleaded guilty to the same charge.</p> <p>On Monday, Justice Declan Kelly sentenced Nathan to 13 years in jail and his brother 15 years. </p> <p>With time already served, they are now eligible for parole. </p> <p>During their sentencing hearing, Justice Kelly said there was insufficient evidence to prove Dru knew he was importing cocaine, after the court was told he thought he was collecting tobacco. </p> <p>“Dru was reckless that there was a substantial quantity of a border-controlled drug but there is insufficient evidence that he knew the precise quantity,” Justice Kelly said.</p> <p>He said that Nathan didn't initially know that it was an attempt to import a border-controlled drug until July 30 2018. </p> <p>"From that point in time he was aware of the attempt to import a substantial quantity of a border-controlled drug but was reckless as to the identity of that drug," Justice Kelly said.</p> <p>“It cannot be shown that Nathan knew the drug was cocaine or the precise amount of the drug.”</p> <p>Kelly accepted a defence barrister's submission the facts were profoundly different” compared to their 2021 sentencing, but said that regardless, the importation size was a "“very relevant factor” in his sentencing.</p> <p><em>Image: Erik S Lesser/EPA/ Shutterstock Editorial</em></p>

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New “corpse disposal” theory tested in William Tyrrell inquest

<p>A police theory that William Tyrrell's foster mother unlawfully disposed of the child's body after he died of an accident is set to be put before the court in an inquest into Tyrrell's disappearance. </p> <p>On Monday, counsel assisting Gerard Craddock SC reopened the inquest for a fifth round of evidence, saying the focus would be on the viability of the theory that William's body was purposefully disposed of. </p> <p>Police have alleged that after the then three-year-old died on the Kendall property on the mid-north NSW coast in September 2014, the foster mum might have loaded his body into her mother’s Mazda before driving down the road to dispose of his remains.</p> <p>Deputy NSW coroner Harriet Grahame heard in court that it was only then that she may have called triple zero to report the child missing. </p> <p>“Police assert that she must have quickly resolved that if the accidental death were to be discovered, she might lose (her other foster child),” Craddock said.</p> <p>Tyrrell's foster mother has long denied having any involvement with William's disappearance. </p> <p>Later in the inquest, evidence is set to be given from a truck driver who drove past where the foster mother allegedly disposed of the body at the time.</p> <p>The inquest into William’s disappearance began in March 2019 but was adjourned in October 2020.</p> <p>No one has been charged and a $1 million reward for information stands.</p> <p><em>Image credits: NSW Police</em></p>

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"I’m coming home from a party, and I don’t want to end up getting arrested": do driving apps help people break road rules?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/verity-truelove-1237331">Verity Truelove</a>, <a href="https://theconversation.com/institutions/university-of-the-sunshine-coast-1068">University of the Sunshine Coast</a>; <a href="https://theconversation.com/profiles/michelle-nicolls-1299069">Michelle Nicolls</a>, <a href="https://theconversation.com/institutions/university-of-the-sunshine-coast-1068">University of the Sunshine Coast</a>, and <a href="https://theconversation.com/profiles/oscar-oviedo-trespalacios-1417150">Oscar Oviedo-Trespalacios</a>, <a href="https://theconversation.com/institutions/delft-university-of-technology-1040">Delft University of Technology</a></em></p> <p>Apps such as Google Maps, Apple Maps and Waze can tell drivers when they are approaching speed cameras or random breath testing stations. Countries such as Germany, France and Switzerland have banned apps from displaying these enforcement locations.</p> <p>But what effect are these apps having in Australia – are they helping drivers break road rules?</p> <p>Our new <a href="https://www.sciencedirect.com/science/article/pii/S0925753524002972">paper</a>, published in the journal Safety Science, examined this question.</p> <p>We found this technology can, in some cases, contribute to people thinking they are invincible on the roads. However, we also found they can sometimes help people drive more safely.</p> <h2>Being made aware of enforcement can help road safety</h2> <p>We conducted focus groups and interviews with a total of 58 drivers from Queensland, to understand how the use of this technology influences perceptions of being caught for breaking road rules.</p> <p>One driver told us: "If I know it’s coming up, I’ll put my phone down. If I was, say, texting or checking something, but then like once a good few 100 metres away, I sort of pick it up again, depending though."</p> <p>Another said: "It sort of depends where I am driving, I guess. Like, if I am driving on a country road and there is a speed camera there I would probably slow down for the speed camera and then sort of speed up again once I am sort of past that; it sort of depends on the circumstances."</p> <p>We also found that, for some people, being made aware of enforcement locations can help drivers better regulate their speed. This helped them comply with road rules more consistently.</p> <p>Waze also shows the speed limit in the area, which further assisted some drivers to stick to the speed limit. One driver told us: "I’m a bit careful if I just look at the speedo and just double check that I’m on the right amount of speed."</p> <p>Another said: "It just gives you a warning like, ‘OK, you need to check your speed.’ Just to double-check you’re going on the right speed perhaps or when it’s a camera coming up."</p> <h2>Concerning behaviours</h2> <p>Concerningly, we also found some drivers who use these apps are looking at and touching their screens more than they otherwise would. This can distract drivers and increase their <a href="https://www.sciencedirect.com/science/article/pii/S0925753524001097">risk of crashing</a>.</p> <p>One driver told us they post traffic updates on the app they use while driving, “which I know is wrong.”</p> <p>Another said: "Just hit the button on the phone. Just two steps after I go past the camera."</p> <p>Another driver told us: "It’s so helpful […] Especially if it’s, say, late night and I’m coming home from a party, and I don’t want to end up getting arrested."</p> <p>One driver said: "I probably feel slightly more invincible, which is probably not a good thing."</p> <p>When asked why these apps are used, one driver said: "I guess the drug and the drink-driving."</p> <h2>Apps can help and hinder road safety</h2> <p>We know breaking road rules significantly contributes to <a href="https://www.who.int/teams/social-determinants-of-health/safety-and-mobility/global-status-report-on-road-safety-2023">crashes and road fatalities</a>, with deaths on Australian roads continuing to <a href="https://www.bitre.gov.au/publications/ongoing/road_deaths_australia_monthly_bulletins">increase</a> over time.</p> <p>On the one hand, when drivers are aware of enforcement measures like cameras and police, they are more likely to stop breaking the rules in those areas. That’s particularly true for behaviours such as speeding and using a phone while driving, we found.</p> <p>Using apps that flag where cameras and police are located also means drivers would be more exposed to enforcement activities than they otherwise would be on a normal drive.</p> <p>On the other hand, our results suggest some drivers are using these applications to break road rules more often in places where they think they won’t be caught.</p> <p>These apps are also not always completely accurate.</p> <p>For instance, even though Waze can display some police operation locations such as roadside breath testing, it can’t capture <em>all</em> on-road police activities. Further, camera locations are not always up to date or accurate.</p> <h2>Weighing benefits against risks</h2> <p>While these apps do have some benefits, it’s important to weigh these against the risks.</p> <p>It’s also important to recognise traffic enforcement isn’t just there to make you comply with road rules at a specific point; it is meant to remind you of the constant risk of being caught and to encourage consistent rule compliance.</p> <p>The goal is to ensure that drivers are following the traffic rules across the entire network, not just in isolated spots.</p> <p>With road fatalities at some of the <a href="https://www.bitre.gov.au/publications/ongoing/road_deaths_australia_monthly_bulletins">highest rates we’ve seen in recent years</a>, we need everyone to work together to stop more preventable deaths and injuries.<!-- 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/237664/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/verity-truelove-1237331">Verity Truelove</a>, Senior Research Fellow in Road Safety Research, <a href="https://theconversation.com/institutions/university-of-the-sunshine-coast-1068">University of the Sunshine Coast</a>; <a href="https://theconversation.com/profiles/michelle-nicolls-1299069">Michelle Nicolls</a>, PhD Candidate, <a href="https://theconversation.com/institutions/university-of-the-sunshine-coast-1068">University of the Sunshine Coast</a>, and <a href="https://theconversation.com/profiles/oscar-oviedo-trespalacios-1417150">Oscar Oviedo-Trespalacios</a>, A/Professor Responsible Risk Management, <a href="https://theconversation.com/institutions/delft-university-of-technology-1040">Delft University of Technology</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/im-coming-home-from-a-party-and-i-dont-want-to-end-up-getting-arrested-do-driving-apps-help-people-break-road-rules-237664">original article</a>.</em></p> </div>

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Pet owner fined $806 over simple mistake

<p>A poodle owner has been fined $806 over a 10-metre walk to the beach. </p> <p>John, who lives a few minutes away from Budd's Beach in Queensland, took his van down to the water's edge and walked roughly 10 metres across the shoreline with his dog Emma by his side. </p> <p>Little did he know that this common act would cost him $806 under new regulations that came into effect on July 31, where pet owners can get fined for not having a pet on a leash or not maintaining proper control of the leash while in public. </p> <p>"I thought that it was very unfair ...I was only traveling from my van to the water," John told <em>A Current Affair</em>. </p> <p>"I wasn't wandering along the footpath or in public areas or anywhere.</p> <p>"I was just passing, travelling from the car to the water... I really didn't think that I was doing anything wrong."</p> <p>John was fined for “failure to exercise effective control of a non regulated dog in a public place”. </p> <p>There are signs further up Budd's Beach that state dogs must be on a leash at all times, and John said he does use a lead when he takes his pup out for a walk. </p> <p>The massive fines are a part of the Queensland government's crackdown on dog attacks, with fines of up to $112,910 for more serious dog attack offences as well as up to three years imprisonment.</p> <p>“Changes were made to the AMCDA due to a rise in complaints about aggressive dogs and dog attacks, and the large number of dog-attack victims admitted to hospital each year in Queensland,” the Queensland government said in a statement online.</p> <p>Another Queensland resident has also been fined under the same laws for having her dog's lead under her foot during a coffee break. </p> <p>“It’s wrong, we are trying to survive and it is another stress I didn’t need,” the resident said. </p> <p>“She was on a lead and collar and she was behaving properly."</p> <p><em>Images: Nine</em></p>

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Why do organisations still struggle to protect our data? We asked 50 professionals on the privacy front line

<div class="theconversation-article-body"> <p><em><a href="https://theconversation.com/profiles/jane-andrew-10314">Jane Andrew</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a>; <a href="https://theconversation.com/profiles/dr-penelope-bowyer-pont-1550191">Dr Penelope Bowyer-Pont</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a>, and <a href="https://theconversation.com/profiles/max-baker-25553">Max Baker</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p>More of our personal data is now collected and stored online than ever before in history. The rise of data breaches should unsettle us all.</p> <p>At an individual level, data breaches can compromise our privacy, cause harm to our finances and mental health, and even enable identity theft.</p> <p>For organisations, the repercussions can be equally severe, often resulting in major financial losses and brand damage.</p> <p>Despite the increasing importance of protecting our personal information, doing so remains fraught with challenges.</p> <p>As part of a <a href="http://www.doi.org/10.25910/psq3-q365">comprehensive study</a> of data breach notification practices, we interviewed 50 senior personnel working in information security and privacy. Here’s what they told us about the multifaceted challenges they face.</p> <h2>What does the law actually say?</h2> <p>Data breaches occur whenever personal information is accessed or disclosed without authorisation, or even lost altogether. <a href="https://www.abc.net.au/news/2024-06-20/optus-hack/104002682">Optus</a>, <a href="https://www.abc.net.au/news/2022-11-09/medibank-data-release-dark-web-hackers/101632088">Medibank</a> and <a href="https://www.afr.com/technology/canva-criticised-after-data-breach-exposed-139m-user-details-20190526-p51r8i">Canva</a> have all experienced high-profile incidents in recent years.</p> <p>Under Australia’s <a href="https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/pa1988108/">privacy laws</a>, organisations aren’t allowed to sweep major cyber attacks under the rug.</p> <p>They have to notify both the regulator – the Office of the Australian Information Commissioner (OAIC) – and any affected individuals of breaches that are likely to result in “<a href="https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/pa1988108/#:%7E:text=Whether%20access%20or%20disclosure%20would%20be%20likely%2C%20or%20would%20not%20be%20likely%2C%20to%20result%20in%20serious%20harm%2D%2Drelevant%20matters%20%C2%A0">serious harm</a>”.</p> <p>But according to the organisational leaders we interviewed, this poses a tricky question. How do you define serious harm?</p> <p>Interpretations of what “serious harm” actually means – and how likely it is to occur – vary significantly. This inconsistency can make it impossible to predict the specific impact of a data breach on an individual.</p> <p>Victims of domestic violence, for example, may be at increased risk when personal information is exposed, creating harms that are difficult to foresee or mitigate.</p> <h2>Enforcing the rules</h2> <p>Interviewees also had concerns about how well the regulator could provide guidance and enforce data protection measures.</p> <p>Many expressed a belief the OAIC is underfunded and lacks the authority to impose and enforce fines properly. The consensus was that the challenge of protecting our data has now outgrown the power and resources of the regulator.</p> <p>As one chief information security officer at a publicly listed company put it:</p> <blockquote> <p>What’s the point of having speeding signs and cameras if you don’t give anyone a ticket?</p> </blockquote> <p>A lack of enforcement can undermine the incentive for organisations to invest in robust data protection.</p> <h2>Only the tip of the iceberg</h2> <p>Data breaches are also underreported, particularly in the corporate sector.</p> <p>One senior cybersecurity consultant from a major multinational company told us there is a strong incentive for companies to minimise or cover up breaches, to avoid embarrassment.</p> <p>This culture means many breaches that should be reported simply aren’t. One senior public servant estimated only about 10% of reportable breaches end up actually being disclosed.</p> <p>Without this basic transparency, the regulator and affected individuals can’t take necessary steps to protect themselves.</p> <h2>Third-party breaches</h2> <p>Sometimes, when we give our personal information to one organisation, it can end up in the hands of another one we might not expect. This is because key tasks – especially managing databases – are often outsourced to third parties.</p> <p>Outsourcing tasks might be a more efficient option for an organisation, but it can make protecting personal data even more complicated.</p> <p>Interviewees told us breaches were more likely when engaging third-party providers, because it limited the control they had over security measures.</p> <p>Between July and December 2023 in Australia, there was an increase of <a href="https://www.oaic.gov.au/privacy/notifiable-data-breaches/notifiable-data-breaches-publications/notifiable-data-breaches-report-july-to-december-2023">more than 300%</a> in third-party data breaches compared to the six months prior.</p> <p>There have been some highly publicised examples.</p> <p>In May this year, many Clubs NSW customers had their personal information potentially <a href="https://www.rimpa.com.au/resource/more-than-a-million-australian-data-records-potentially-exposed-in-nsw-club-and-pub-data-breach.html#:%7E:text=Outabox%2C%20the%20IT%20services%20provider,and%20has%20notified%20law%20enforcement">breached</a> through an attack on third-party software provider Outabox.</p> <p>Bunnings suffered a <a href="https://australiancybersecuritymagazine.com.au/bunnings-customer-data-compromised/">similar breach</a> in late 2021, via an attack on scheduling software provider FlexBooker.</p> <h2>Getting the basics right</h2> <p>Some organisations are still struggling with the basics. Our research found many data breaches occur because outdated or “legacy” data systems are still in use.</p> <p>These systems are old or inactive databases, often containing huge amounts of personal information about all the individuals who’ve previously interacted with them.</p> <p>Organisations tend to hold onto personal data longer than is legally required. This can come down to confusion about data-retention requirements, but also the high cost and complexity of safely decommissioning old systems.</p> <p>One chief privacy officer of a large financial services institution told us:</p> <blockquote> <p>In an organisation like ours where we have over 2,000 legacy systems […] the systems don’t speak to each other. They don’t come with big red delete buttons.</p> </blockquote> <p>Other interviewees flagged that risky data testing practices are widespread.</p> <p>Software developers and tech teams often use “production data” – real customer data – to test new products. This is often quicker and cheaper than creating test datasets.</p> <p>However, this practice exposes real customer information to insecure testing environments, making it more vulnerable. A senior cybersecurity specialist told us:</p> <blockquote> <p>I’ve seen it so much in every industry […] It’s literally live, real information going into systems that are not live and real and have low security.</p> </blockquote> <h2>What needs to be done?</h2> <p>Drawing insights from professionals at the coalface, our study highlights just how complex data protection has become in Australia, and how quickly the landscape is evolving.</p> <p>Addressing these issues will require a multi-pronged approach, including clearer legislative guidelines, better enforcement, greater transparency and robust security practices for the use of third-party providers.</p> <p>As the digital world continues to evolve, so too must our strategies for protecting ourselves and our data.<!-- 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/236681/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/jane-andrew-10314">Jane Andrew</a>, Professor, Head of the Discipline of Accounting, Governance and Regulation, University of Sydney Business School, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a>; <a href="https://theconversation.com/profiles/dr-penelope-bowyer-pont-1550191">Dr Penelope Bowyer-Pont</a>, Researcher, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a>, and <a href="https://theconversation.com/profiles/max-baker-25553">Max Baker</a>, Associate professor, <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/why-do-organisations-still-struggle-to-protect-our-data-we-asked-50-professionals-on-the-privacy-front-line-236681">original article</a>.</em></p> </div>

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Jill Farnham opens up on John's health battle

<p>John Farnham's wife Jill has opened up about her husband's devastating cancer battle, and how his health journey took a toll on their entire family. </p> <p>Jill, who has been notoriously private throughout her marriage to the Aussie music legend, has penned two chapters in Farnham's memoir <em>The Voice Inside</em>, sharing how John's cancer diagnosis changed everything, and shared her opinions on his future singing. </p> <p>“I don’t know if John will sing again,” she wrote. “It just depends. Because of the radiation, that whole side of his face is rock hard. The flesh, the muscle, the tendons, none of it is supple."</p> <p>“The surgeons need to work out how to loosen it all, so we have to be patient. He’s disappointed, naturally, because he may not be up on a stage again and he loved that.”</p> <p>Jill also revealed it was her who pushed Farnham to see a doctor before his diagnosis with cancer in August 2022, explaining, “He had a big white mass on the inside of his cheek and you could physically see it.”</p> <p>“For several months I was saying to him, ‘Let’s go see about that thing in your mouth,’ and he’d say, ‘No, it’s alright, it’s alright, it’s alright.’ He kept putting it off and putting it off. I pleaded with him to go see a doctor and finally he did.”</p> <p>Jill explained how her husband's attitude as "a classic Cancerian” impacted the time it took to get a diagnosis, and how she has had to be strong for her whole family through the scary health ordeal. </p> <p>“Over the years I’ve had to be strong,” Jill wrote. “I’ve had to be a wife, a mother, a psychiatrist, a doctor, I’ve had to be all those things in one. I’ve had to be strong and bossy to keep the family together, to keep moving forward, and I have done that because I love John and I love my family."</p> <p>“John is a classic Cancerian, he likes to walk sideways and go around everything, rather than face any issues head-on,” Jill continued. “To this day he acts like that when he’s faced with a tough decision or situation. He always beats around the bush rather than deal with it and then, of course, that just makes a situation worse for him.”</p> <p>Later in the chapter detailing Farnham’s health, Jill set the record straight on some media reports relating to the surgery to remove the cancerous tumour.</p> <p>“And, just for the record, they didn’t take his jaw,” she wrote. “I know lots of people think that’s what happened, but in the end they removed the cancer from his cheek and they also scraped his jaw to make sure it hadn’t gotten into his bones."</p> <p>“Thankfully the cancer wasn’t in his bones, which was great news, and so he’s still got his bottom jaw, even though the radiation has messed that up a little bit."</p> <p>“In hospital they were feeding him through a tube in his stomach, which was pretty grim. I started taking in my home cooking. Things I knew John would like. He would eat a couple of mouthfuls and that would be it, he wouldn’t be able to manage any more. For a while there, it felt like one thing on top of another for John."</p> <p>“It was a traumatic time for all of us, but we got through it. Now he’s back to eating, which is a good sign, but he can’t open his mouth very far, so it’s hard.”</p> <p><em>Image credits: Nine </em></p>

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Judge rules against Pauline Hanson

<p>A judge has ruled that Pauline Hanson's <a href="https://oversixty.com.au/finance/legal/pattern-of-bigotry-pauline-hanson-being-sued-by-senator-over-tweet" target="_blank" rel="noopener">comment</a> to a Muslin senator constitutes "strong racism". </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".</p> <p>Hanson made the comments on X, formally Twitter, in September 2022, with Justice Stewart finding that the outburst breached the Racial Discrimination Act.</p> <p>The post was racist, nativist and anti-Muslim, the judge said, explaining, "It is a strong form of racism."</p> <p>Hanson's post was in response to one from Faruqi on the day Queen Elizabeth died, as the Greens deputy leader wrote she could not mourn the passing of the leader of a "racist empire built on stolen lives, land and wealth of colonised peoples".</p> <p>Hanson's claim that she did not know her Greens rival was a Muslim when she sent the tweet was rejected by the court.</p> <p>The One Nation leader also argued that she merely engaged in political discourse by pointing out hypocrisy from the Greens deputy in criticising the monarchy while benefiting from moving to and living in Australia, which was quickly shot down by the judge.</p> <p>"Her tweet was an angry personal attack on Senator Faruqi," Justice Stewart said.</p> <p>Hanson has been ordered to delete the tweet within seven days and to pay the Greens deputy leader's legal costs of running the lawsuit.</p> <p><em>Image credits: Getty Images / Instagram </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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Aussie mum jailed after faking her own death for major insurance payout

<p>A Perth woman who faked her own death to secure a $700,000 insurance payout has been sentenced to three years behind bars. </p> <p>Karen Salkilld, 43, an F45 gym franchise owner, claimed she died in a car accident in Broome in December 2023. </p> <p>The mother-of-two, also provided a falsified death certificate, a coroner report and funeral documents, when she made the claim in January.</p> <p>A month later, she received more than $718,000 from Insuranceline, which she accessed by posing as her former partner who was the beneficiary of the sum and opening a bank account in her name. </p> <p>The "relatively sophisticated" scheme was initially successful, until police became suspicious and froze her account after she moved large amounts of the money around, according to<em> Nine News</em>. </p> <p>Salkilld had to visit Palmyra Police Station in person to certify her fake documents, but after three visits, officers realised something was up and arrested her in March. </p> <p>There is no evidence that her former partner knew of the crime. </p> <p>The fitness instructor admitted that she got the idea from a movie after she fell into debt, although she didn't specify which one. </p> <p>"Your offending could not be described as opportunistic," Judge Vicki Stewart told Perth District Court said in sentencing the fitness instructor. </p> <p>"It was calculated and required both effort and persistence."</p> <p>"You were living beyond your means and over-committed yourself," Stewart added. </p> <p>Salkilld pleaded guilty to gaining benefit by fraud and knowingly using a false record to defraud, and was sentenced to three years in prison on Monday. </p> <p>She was ordered to pay a $101,771 compensation to the insurance company. A restitution order for funds in the bank account was also issued - one for $549,195 and another for $67,995 - with the latter being held in the bank's fraud recoveries account. </p> <p>Speaking to <em>Nine News</em> outside court after the sentencing, Salkilld's estranged sister Ann said "it doesn't surprise me that she is capable of doing things like that."</p> <p>She will be eligible for parole in February 2026.</p> <p><em>Image: Nine News </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. 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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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Aussie mum stunned by $1,700 jury duty fine

<p>A Sydney mum is searching for answers after being hit by a $1,715 fine for missing jury duty that she knew nothing about. </p> <p>The mum shared that she had just returned from an overseas  holiday to find the "hefty" fine, which said she needed pay the overdue penalty by October 9 for failing to attend jury duty for a court case in May, but she claims she had never been summoned. </p> <p>“I didn’t get this by the due date of October 9. However, I have also never seen the jury notice for May 28 nor any other notices since. So I’m in total and absolute shock,” she posted on social media. </p> <p>She asked other local mums for advice on getting the fine "ditched", explaining that she hasn't changed her address in decades and checks her mail every day. </p> <p>“The only mail I’ve received on the matter at all is this fine enforcement notice on return from overseas. It’s very strange. How can I prove I never received the original notice?”</p> <p>It turns out that the Aussie mum is not the only one who has encountered this, as several other Sydneysiders have been slapped with fines for missing jury duty. </p> <p>One woman claimed she had no idea she had a $1,000 fine for missing jury duty until she went onto Service NSW to pay a separate bill. </p> <p>“I had never received or seen a notice regarding jury duty or the associated fine,” she said. </p> <p>Others urged her to contact Service NSW and explain the error. </p> <p>“This happened to me a couple of months ago. You just call them and explain what happened. They are very understanding,” one woman said.</p> <p>“This happened to me in the past. I wasn’t travelling and have been in the same address, just simply didn’t receive the notice to serve jury duty. So I just wrote to them to explain my reason of not attending. They waived my fine,” another noted. </p> <p>According to the state’s Department of Communities and Justice you can have the fine reviewed if you: </p> <ul> <li>did attend jury service, or</li> <li>did not receive previous notices from the NSW Sheriff’s Office</li> <li>had a legitimate reason for not attending jury service</li> </ul> <p><em>Images: Facebook/ </em><em>B-E / Shutterstock.com</em></p>

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Fury over black market for disabled parking permits

<p>An investigation has uncovered a rise in the black market for disabled and mobility permits on online classified sites.</p> <p>According to motoring news outlet <a href="https://www.drive.com.au/caradvice/outrage-after-disabled-parking-permits-spotted-for-sale-online/" target="_blank" rel="noopener"><em>Drive</em></a>, some users around Australia are using Facebook and other social media outlets to sell their unused mobility parking permits to give other drivers unauthorised access to disabled parking spots.</p> <p>The publication unearthed one permit for sale in Sydney was priced at $500 and valid until 2028.</p> <p>The permit was equipped with the holder, photo ID, and a description stating the buyer will get free unmetered parking and that the permit is valid Australia-wide.</p> <p>A spokesperson for Transport NSW told <em>Drive</em> this practice is illegal and carries large fines for both the purchaser and seller, adding that the permit holder is subject to cancellation for misuse.</p> <p>“The sale of mobility parking permits online is illegal, and Transport for NSW urges anyone who is aware of this happening to report it to NSW Police," the spokesperson said. “These permits are reserved only for people with permanent or temporary mobility challenges as assessed by a medical professional."</p> <p>“The regulatory penalty for misuse of a permit is currently a penalty notice of $818 or a maximum court-imposed penalty of $2200 under the Road Transport (General) Regulation 2021. This includes ‘permitting another person to have possession of it’.”</p> <p>A spokesperson for the Department of Social Services Australia went on to stress the importance of not buying a mobility parking permit if you are not legally entitled to one.</p> <p>“Australia’s Disability Strategy recognises that people with disability should be supported to live more accessible and connected lives within their communities, including being able to fully participate in social, recreational, and cultural events," the spokesperson said.</p> <p>“The inappropriate use of accessible parking spaces can negatively impact people with disability.”</p> <p><em>Image credits: Drive / Facebook</em></p>

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Woman's late husband "sues from beyond the grave"

<p>A woman has claimed her late husband is "harassing her from beyond the grave" after she was forced to fight legal action he took out against her before his untimely death. </p> <p>Lucinda regularly posts about her life on TikTok, and has recently told her followers about the shocking way her ex-husband is haunting her after his passing. </p> <p>In a viral video, the American woman revealed that her spouse had tragically died from a heart attack, and prior to his death, he had been taking her to court for $4,200.</p> <p>Following his death, she found out she still had to go to court to fight it. </p> <p>Lucinda captioned the clip, "When does it end?!", as she began the clip by saying, "I swear you can't make this s**t up."</p> <p>She explained, "My husband who was harassing me for 20 months with a bunch of legal s**t. All I was trying to do was get divorced. Instead, he had a heart attack and died. So now I’m a widow."</p> <p>Lucinda revealed that her spouse had filed a claim against her for vet bills, saying, "He filed a small claims suit against me claiming $4,200 worth of vet bills for our 15-year-old cat."</p> <p>"Even though he has died, the court states that I still need to show up for mandatory mediation. So this f***er is still harassing me and suing me from the grave. It’s f***ing crazy."</p> <p>Her followers flooded the comments section and expressed their shock over the situation, with one person joking, "Well, if it's mandatory for one it's mandatory for both. Show up. Case dismissed."</p> <p><em>Image credits: Shutterstock / TikTok</em></p>

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