index australian court
[Link] SAS soldier denies colluding with Ben Roberts-Smith on evidence, defamation trial hears
Read: 6/5/2022 www.theguardian.com
A serving SAS soldier has denied in court that emails between him and Ben Roberts-Smith – including marked-up pictures of a compound in Afghanistan – demonstrated they had colluded on their evidence about a mission, during which the newspaper defendants allege two civilians were murdered.
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[Link] Ben Roberts-Smith to call ex-SAS member alleged to have committed war crime as his first reply witness in defamation trial
Read: 18/4/2022 www.theguardian.com
A former Australian SAS soldier alleged by three newspapers to have ordered the execution of an unarmed elderly man in Afghanistan will be the first witness-in-reply called by Ben Roberts-Smith in his war crimes defamation trial.
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[Link] Teen climate activist subjected to sexist and racist abuse amid federal court climate case
Read: 13/4/2022 www.theguardian.com
Teenage climate crisis campaigner Anjali Sharma has revealed the torrent of sexist and racist abuse she has received while fronting a legal case against the Morrison government’s approval of a New South Wales coal project.
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[Link] Witness in Ben Roberts-Smith defamation trial denies he is a ‘liar and a fantasist’
Read: 2/4/2022 www.theguardian.com
A former SAS soldier who testified that Ben Roberts-Smith ordered him to stage a mock execution of a comrade during a training drill has defended himself in court against accusations he was a liar and fantasist who was trying to justify his own failures as a soldier.
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[Link] 'Rumours expanded tenfold': Defamation trial hears a surprising comparison of elite SAS unit
Read: 13/3/2022 www.abc.net.au
But what they share, according to evidence heard in a Sydney court this week, is a propensity for rumours. The surprising analogy was drawn by a Special Air Service Regiment (SAS) witness at the defamation trial of war veteran Ben Roberts-Smith against three newspapers.
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[Link] Witness tells court he killed a Taliban fighter credited to Ben Roberts-Smith in Victoria Cross award
Read: 3/3/2022 www.theguardian.com
A soldier who fought alongside Ben Roberts-Smith at the battle of Tizak where Roberts-Smith won his Victoria Cross has told the federal court he killed one of the Taliban machine gunners credited to Roberts-Smith on his official VC citation.
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[Link] Former political staffer accused of three counts of rape committed to stand trial in the ACT Supreme Court
Read: 1/3/2022 www.abc.net.au
Alexander Matters, who is aged in his 20s, was sacked from the office of federal Labor MP David Smith after he was arrested on two charges of rape last year. Police began investigating in August when a woman went to police with a complaint about an incident that allegedly occurred in April.
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[Link] Witness in Ben Roberts-Smith trial objects to questions about alleged murder of Afghan civilian
Read: 1/3/2022 www.theguardian.com
A former SAS soldier has sought to avoid answering questions over allegations he murdered an unarmed Afghan civilian during a raid by Australian troops in 2009, telling the federal court “I object on grounds of self-incrimination”.
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[Link] Man wrongly identified as Cleo Smith accused reaches settlement with Seven Network
Read: 16/2/2022 www.theguardian.com
The man wrongly identified as Cleo Smith’s alleged kidnapper by the Seven Network has had a victory in the Western Australia supreme court, after suing the network for defamation.
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[Link] Roberts-Smith pressured me to lie about his affair, estranged wife tells court
Read: 14/2/2022 www.smh.com.au
The estranged wife of war veteran Ben Roberts-Smith has told the Federal Court she discovered her husband was having an affair when his girlfriend turned up at the couple’s Sunshine Coast home with a black eye and told her she had been pregnant with his child.
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[Link] Facebook appeal over Cambridge Analytica data rejected by Australian court as ‘divorced from reality’
Read: 8/2/2022 www.theguardian.com
Facebook has lost a major battle with the Australian regulator over the Cambridge Analytica scandal, after a court dismissed the social media giant’s claim that it neither conducts business nor collects personal information in the country.
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[Link] Ex-soldier charged with wife's murder granted home detention bail
Read: 31/1/2022 www.abc.net.au
WARNING: This story contains content that some people may find distressing. Antony Ogar, 58, is accused of murdering 37-year-old Cherry Gerente Ogar at their Port Hughes home last July.
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[Link] Union takes McDonald's to court, seeks $100 million in back pay
Read: 30/1/2022 www.abc.net.au
Jonathon Washington was 15 when he started working at McDonald's, and like most young workers, said he was not fully aware of his workplace rights. He said McDonald's inconsistently applied break rules in the three years he worked for the company and at times denied him 10 minute breaks.
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[Link] Hillsong founder Brian Houston steps down as leader of church
Read: 30/1/2022 www.theguardian.com
Hillsong founder Brian Houston has announced he is stepping down as leader of the church as he defends criminal charges that allege he covered up his father’s child sexual abuse.
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[Link] Defence allowed to vet evidence presented to inquiry into bushfire accidentally sparked by its own helicopter
Read: 30/11/2021 www.abc.net.au
The Department of Defence will be allowed to vet evidence presented to a coronial inquiry into the ACT's Orroral Valley bushfire, ahead of formal court hearings in July next year.
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[Link] Westpac admits to charging 11,000 dead customers, ASIC sues for 'widespread' breaches
Read: 29/11/2021 www.abc.net.au
The Australian Securities and Investments Commission (ASIC) has launched six court cases against Westpac for alleged, widespread compliance failures that affected thousands of deceased consumers.
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[Link] Should politicians like Peter Dutton suck up Twitter’s hot-gives and -takes or pursue vindication?
Read: 28/11/2021 www.theguardian.com
You’ve got to wonder how Peter Dutton, one of the most wealthy and overstretched members of federal parliament, fathoms up the wherewithal to sue for defamation an unemployed, crowdfunded refugee advocate who called him something nasty on Twitter. Busy? You bet you are.
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[Link] Police officer who reported off-duty colleague for taking a gun to a school guilty of public mischief
Read: 28/11/2021 www.theguardian.com
A Sydney highway patrol officer has been found guilty of public mischief after anonymously reporting an off-duty colleague was at a primary school with a gun.
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[Link] NSW laws criminalising secret recordings of animal cruelty ‘too great a burden on speech’, high court hears
Read: 26/11/2021 www.theguardian.com
Laws criminalising the use of secretly recorded vision of animal cruelty and abuse are posing “too great a burden on speech”, animal rights activists have told the high court.
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[Link] Court blocks bid to release secret Ben Roberts-Smith report
Read: 23/11/2021 www.abc.net.au
Mr Roberts-Smith is suing The Age, Federal Capital Press and Fairfax Media, which reported serious allegations against him, including multiple unlawful killings in Afghanistan, which he denies.
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[Link] 'Implausible' that father tripped and fell on daughter while sweeping floor
Read: 23/11/2021 www.abc.net.au
An Adelaide man has been found guilty of recklessly causing harm to his newborn baby by violently shaking her. WARNING: This story contains graphic content that readers may find distressing.
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[Link] Darwin shooter left without lawyers after sacking expert legal team
Read: 18/11/2021 www.abc.net.au
Confessed killer Benjamin Hoffmann could be left to represent himself when he is sentenced over the killing of four men in 2019, after his high-profile legal team withdrew their services.
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[Link] Doctors say Flight Centre should ‘pull its head in’ after legal threat to WA borders
Read: 8/11/2021 www.theguardian.com
Medical professionals have lashed out at Flight Centre’s threat to launch legal action against the Western Australian government’s ongoing border restrictions, calling on the company to “pull its head in”.
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[Link] Farmers 'cautiously joyous' after Queensland food bowl is deemed no place for 'big, dirty coal mine'
Read: 7/11/2021 www.abc.net.au
Resources Minister Scott Stewart has delivered a preliminary review that says coal exploration north of Bundaberg is not in the public interest. It comes after the company Fox Resources applied for a mineral development licence (MDL) between Moore Park Beach and Avondale.
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[Link] Ex-Labor staffer accused of child sex offences claims to have 'no interest in children'
Read: 4/11/2021 www.abc.net.au
Benjamin John Waters pleaded guilty to accessing and transmitting child abuse material using a carriage service in January 2021, as well as two counts of possessing child exploitation material in March 2021, including images and videos of children under the age of 14.
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[Link] Adelaide emergency doctor withdraws legal challenge against mandatory vaccinations
Read: 4/11/2021 www.abc.net.au
An Adelaide emergency doctor who sought to challenge the state's vaccine mandate for healthcare workers has withdrawn his legal challenge in the Adelaide Magistrates Court.
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[Link] 'Sovereign citizen' posts video after failing to appear in court on firearms offences
Read: 2/11/2021 www.abc.net.au
Solange Goodes, 42, was arrested at her farm in Sandy Creek earlier this year, after police allege she threatened them when they came to the property to check if registered guns were properly secured.
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[Link] Federal police confiscate largest ever haul of ill-gotten cryptocurrency
Read: 31/10/2021 www.smh.com.au
The federal government has netted its largest ever haul of ill-gotten cryptocurrency and will redistribute the $1.2 million to law enforcement and community safety programs.
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[Link] Truck driver accused of spitting on and assaulting police at border checkpoint refused bail
Read: 21/10/2021 www.abc.net.au
Brendan J Moore, 57, faced the Adelaide Magistrates Court charged with assaulting a police officer and another worker, and resisting police.
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[Link] Ben Roberts-Smith’s backers at Seven commissioned secret report into war crime allegations, court hears
Read: 19/10/2021 www.theguardian.com
Ben Roberts-Smith’s TV station backers commissioned a secret report into war crimes allegations made against him by newspapers, the federal court has heard.
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[Link] Australia seeks to overturn landmark ruling preventing deportation of Aboriginal people
Read: 14/10/2021 www.theguardian.com
The federal government is seeking to overturn a landmark high court decision that deemed Aboriginal Australians cannot be aliens and cannot be deported.
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[Link] Woman charged under new Queensland laws for allegedly failing to report child sex abuse
Read: 13/10/2021 www.abc.net.au
The Redbank Plains woman, who cannot be named for legal reasons, fronted Ipswich Magistrates Court this week over the charge – three months after the laws took effect.
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[Link] First person sentenced in SA after Operation Ironside arrests to spend two years behind bars
Read: 13/10/2021 www.abc.net.au
The first person in South Australia to be sentenced as part of Operation Ironside will spend at least two years in prison for transporting millions of dollars' worth of methamphetamine earlier this year.
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[Link] Canberra woman who was shot in neck 'will never forgive' man responsible
Read: 13/10/2021 www.abc.net.au
Michael Paul Forrest, 29, shot the woman at 8am in November 2019 as she sat in her car on Dominion Circuit in Forrest, in Canberra's inner south. The injured woman managed to escape, driving into Manuka Oval where security called an ambulance.
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[Link] ‘Cult’ Leader’s Widow Accused of Grooming Girls for Him to Abuse
Read: 13/10/2021 www.vice.com
The leader of what police have described as a “cult” has been accused of grooming young girls to be sexually abused by her husband. Jan Hamilton and her late husband Ken Dyers co-founded Australian personal development group Kenja Communications in 1982.
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[Link] ‘Not above the law’: warning for Australia’s Department of Social Services over threat to ignore tribunal
Read: 7/10/2021 www.theguardian.com
The Department of Social Services has been warned it is “not above the law” after a tribunal heard government officials threatened to ignore an order to reinstate a man’s jobseeker payments.
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[Link] 'Tell them I'm delusional': Accused gunman's instructions prior to alleged murders
Read: 6/10/2021 www.abc.net.au
Mihalis Makrylos said Mr Hoffmann came to his house in Darwin's northern suburbs, woke him up him around 2:00am and asked him to go with him to Royal Darwin Hospital (RDH).
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[Link] ‘They’re going to meet their Waterloo’: grandma wins remarkable legal battle against developer
Read: 23/9/2021 www.theguardian.com
When Tracey Anne Higgins squared off against a wealthy retirement village operator trying to use squatter’s rights to claim ownership of her family’s land, she knew one thing for certain. She wasn’t wrong.
[Link] Police bungle cost ‘14 years of potential progress’ in Maria James’ murder, Melbourne inquest hears
Read: 23/9/2021 www.theguardian.com
Police errors regarding the storage and examination of evidence hampered the investigation into the unsolved murder of Maria James in Melbourne, with one bungle costing “14 years of potential progress”, an inquest has been told.
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[Link] Retirement village owner uses squatters’ rights in court bid to claim Sydney property
Read: 22/9/2021 www.theguardian.com
The operator of a private retirement village attempted to stop a woman taking possession of her deceased grandparents’ land on the fringes of Sydney, claiming it as their own using squatters’ rights.
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[Link] Peter Dutton to be sole witness in defamation case against refugee activist
Read: 22/9/2021 www.theguardian.com
The defence minister Peter Dutton intends to take the stand in his defamation trial against a refugee activist that begins next month.
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[Link] SA teacher cries as she apologises for grooming high school student for sex
Read: 20/9/2021 www.abc.net.au
Renee Underwood, 34, fronted the District Court today charged with making a child amenable to sexual activity after earlier pleading guilty to the crime. The victim was an aspiring male medical student who was groomed between July and August last year.
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[Link] Services Australia defends use of Excel in rectifying robo-debt errors
Read: 2/9/2021 www.zdnet.com
The remarks were made on Friday during a hearing held by the Community Affairs References Committee as part of its ongoing probe of Centrelink's compliance program.
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[Link] Stuck in limbo: investors blame Asic for $200m loss, but no one will hear their claim
Read: 23/8/2021 www.theguardian.com
i Investors seeking $200m in compensation from the corporate regulator over the collapse of a retirement village group say they are trapped in a catch-22 situation because no one in government will consider their claim.
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[Link] Woman stands trial accused of deceiving company of millions of dollars to benefit customer — but prosecutors 'can't say' why
Read: 22/8/2021 www.abc.net.au
An Adelaide Court has heard prosecutors don't know why a former Adelaide Brighton Cement manager allegedly deceived her company of millions of dollars to benefit one of its biggest customers.
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[Link] Supreme court rejects Victorian anti-lockdown protester’s legal challenge
Read: 17/8/2021 www.theguardian.com
A legal challenge to Covid-19 stay-at-home orders brought by a woman who protested against Victoria’s second wave lockdown has been dismissed.
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[Link] Police arrest dozens of anti-lockdown protesters in Melbourne's CBD
Read: 13/8/2021 www.abc.net.au
Victorian police arrested dozens of anti-lockdown protesters in Melbourne's CBD last night. Officers appeared to outnumber a handful of protesters who came into the city's centre to protest hours after Premier Daniel Andrews announced a seven-day extension to the city's lockdown.
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[Link] Crown royal commission hears chief financial officer knew of money laundering 'red flag' but can't remember response
Read: 13/8/2021 www.abc.net.au
The man in charge of the finances of Crown's two Australian casinos was warned of multiple suspicious transactions which could indicate money laundering — but can not remember taking any action.
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[Link] Leader of micro-nation found guilty of lighting fires
Read: 13/8/2021 www.abc.net.au
During the trial, jurors heard that at the time of the fires Matthewson was living on a bush block owned by Zachary John Mead, with a financial agreement between the pair for him to buy it.
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[Link] ABC journalist agrees to pay MP $79,000 in defamation settlement over tweets
Read: 11/8/2021 www.abc.net.au
ABC journalist Louise Milligan has agreed to pay federal Liberal MP Andrew Laming $79,000 in a defamation case over a series of tweets she sent. Dr Laming launched the case in May, alleging Milligan defamed him in four tweets sent on March 28, 2021.
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[Link] Businessman made the 'most stupid decision of his life' when he tried to import nearly 300kg of cocaine in excavator
Read: 9/8/2021 www.abc.net.au
Adam Hunter, 35, pleaded guilty to the crime in the NSW District Court, after police pounced on him and his business partner as they cut open the machine with an angle grinder and began removing packages.
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[Link] Woman awarded $130k damages in sexual harassment case against boss at laundromat
Read: 9/8/2021 www.abc.net.au
A woman who was found to have been sexually harassed while working at a Brisbane laundromat has been awarded $130,000 in damages — a sum her lawyers believe could be a record-breaking amount in Queensland.
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[Link] A woman who refused to check in at a Canberra store claims to be a 'sovereign state'
Read: 8/8/2021 www.abc.net.au
Elvira Shagabuddinova, who told the court her last name was actually Useinova, is facing three charges, including trespass and failing to comply with a health direction without a reasonable excuse.
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[Link] Police officer shot dead armed robber after being told not to intervene, Victorian coroner’s court told
Read: 7/8/2021 www.theguardian.com
An undercover police officer who shot dead an armed robber during the hold-up of a bottle shop had been told to let the crime occur rather than intervene, a Victorian court has heard.
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[Link] World Kung Fu Governing Body Uses Copyright Law to Hunt Down YouTube Critics
Read: 7/8/2021 torrentfreak.com
The world governing body for kung fu is using copyright law to identify a user who allegedly made defamatory remarks about the organization on YouTube.
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[Link] Fake Uber driver admits sexually assaulting two ‘vulnerable’ women he lured into his car in Melbourne
Read: 6/8/2021 www.theguardian.com
A Melbourne man has admitted raping one “remarkably vulnerable” woman and sexually assaulting another after pretending to be a ride-share driver.
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[Link] Australia Post pays former CEO Christine Holgate $1m in settlement after Cartier watch saga
Read: 6/8/2021 www.theguardian.com
Australia Post will pay its former chief executive Christine Holgate $1m to settle claims relating to her departure from the organisation during the Cartier watch controversy.
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[Link] Melbourne barrister takes umbrage after someone says ‘fuckwit’ during online court case
Read: 6/8/2021 www.theguardian.com
A barrister has taken umbrage after an unidentified person uttered the word “fuckwit” during an online hearing in Victoria’s supreme court, with the judge later stating the speaker probably thought the comment wasn’t audible and “people are entitled to have their thoughts”.
[Link] How an Islamic concept distorted by the alt-right is part of Ben-Roberts Smith’s defamation case
Read: 5/8/2021 www.crikey.com.au
A barrister acting for Ben Roberts-Smith has alluded to an obscure Islamic juridical concept — popularised by anti-Muslim alt-right figures — to discredit an Afghan witness describing alleged war crimes committed by Australian troops.
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[Link] After 'very, very long fight', NT Stolen Generations survivors to be compensated
Read: 5/8/2021 www.abc.net.au
The head of the Northern Territory's Stolen Generations Aboriginal Corporation has welcomed the Commonwealth's new $378 million redress scheme for people forcibly removed from their families as children.
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[Link] Far-right extremist jailed for disrupting Melbourne church service with homophobic rant
Read: 31/7/2021 www.theguardian.com
The far-right extremist Neil Erikson has been sentenced to 10 weeks in jail after he marched into a queer-friendly Melbourne church and hurled homophobic abuse, with a magistrate labelling his behaviour “wilfully ignorant” and “shameful”.
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[Link] Christian Porter and barrister Sue Chrysanthou may have to pay $500,000 in legal fees to Jo Dyer
Read: 21/7/2021 www.theguardian.com
Christian Porter and his high-profile barrister could be forced to pay more than $500,000 in legal fees to a friend of the woman who accused the former attorney general of raping her three decades ago, a court has heard. Porter strenuously denies the allegation.
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[Link] Man jailed for assaulting teenage girls on Mardi Gras night blames victims
Read: 6/7/2021 www.abc.net.au
Jesse Mackenzie was today sentenced to 20 months in prison after he was filmed dragging one of the girls, aged 15, by her hair and throwing her over a ledge during the brawl in Pyrmont. The 29-year-old was one of three men charged over the fight and pleaded guilty to affray.
[Link] Brendan Nelson tells court he was cautioned by ‘senior government figure’ over his support for Ben Roberts-Smith
Read: 28/6/2021 www.theguardian.com
The former defence minister and head of the Australian War Memorial Dr Brendan Nelson has described Ben Roberts-Smith as the “most respected, admired and revered Australian soldier in more than half a century” before allegations he committed war crimes “devastated” his public standing.
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[Link] Twenty-one of Australia's most elite soldiers to testify against Ben Roberts-Smith
Read: 14/6/2021 www.abc.net.au
Twenty-one current and former soldiers from Australia's most elite military regiment will make unprecedented court appearances in the defence case of the newspapers being sued by veteran Ben Roberts-Smith.
[Link] Darwin man charged with possessing child abuse material allegedly in contact with up to 10 children
Read: 19/5/2021 www.abc.net.au
Detectives from the Joint Anti-Child Exploitation Team (JACET), consisting of members from NT Police and the Australian Federal Police, executed a search warrant on Friday afternoon in the Darwin suburb of Fannie Bay and seized the man's mobile phone.
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[Link] Ben Roberts-Smith threatens to sue ex wife if she speaks to media’s lawyers
Read: 19/5/2021 www.smh.com.au
Ben Roberts-Smith told his former wife he would sue her and seek to overturn a property settlement if she disclosed to lawyers acting against him in a defamation case any information she had agreed to keep confidential, the Federal Court has heard.