Tag Archives: oceania

Man accused of killing two Victorian campers back in court

There could be more searches of a remote Victorian alpine region campsite where campers Russell Hill and Carol Clay were allegedly murdered.

Their accused killer Greg Lynn faced Sale Magistrates Court on Tuesday ahead of a contested committal hearing scheduled for January.

The 55-year-old airline pilot's barrister Dermot Dann told a brief hearing that he had received a "highlights package" of covert surveillance on Lynn's car and home, but had not receive full recordings or transcripts.

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Prosecutor Olivia Sparrow said there were listening device and phone intercept transcripts still to be handed over to the defence.

"Also there may be a further search to be completed at Wonnangatta and Mount Hotham," she said.

Lynn appeared by videolink for the hearing, wearing a green cheque shirt, blue tie and black blazer.

He was charged in November with murdering Hill and Clay at a remote campsite in March 2020.

Their bodies were discovered in remote bushland outside Dargo in November last year, several days after Lynn was charged.

He requested and was granted permission to appear by videolink for the committal hearing, expected to run for four days from January 16.

Firearms expert Paul Griffiths is among those due to give evidence at the hearing, though he won't be available until later in the month.

Missing Carol Clay and Russell Hill.

The court heard firearms expert Paul Griffiths won't be available then, but his evidence could be given a week or so later.

The magistrate said given the content of Griffiths' statement and Lynn's explanation for issues raised, he was a "pretty critical" witness.

He said Griffiths would have to be called in person at a later date.

Lynn has not applied for bail and remains in custody.

Morrison 'fundamentally undermined' responsible government

Scott Morrison was within his legal boundaries by appointing himself to various portfolios, but keeping these secret "fundamentally undermined" the principles of a responsible government.

This was the key finding of a report released today by Solicitor-General Stephen Donaghue, into whether the then-prime minister had the power to make these changes.

Despite the scathing assessment of Morrison's actions, the former prime minister is maintaining he did nothing wrong and was acting in the interest of the country during the COVID-19 crisis.

EXPLAINED: The Morrison secret portfolio story

Scott Morrison apologised 'for any offence' when he appointed himself into five ministerial portfolios in secret.

"Given the serious crises facing Australia, I considered it prudent to put these authorities in place should they be necessary as a safeguard," Morrison said in a statement.

"The authorities granted were respected in the fact they were not exercised, as the circumstances for which they were provided did not materialise.

"In short, the authorities were not misused," he added.

Morrison did not directly address the assessment he undermined responsible government but said he had been reflecting on his actions.

"I appreciate the concerns that have been raised in relation to these matters and regret any offence caused. To my colleagues, I have expressed this directly."

Morrison has thus far refused to resign from his seat as the member for Cook.

Prime Minister, Anthony Albanese.

Key findings

The report, released by the Department of Prime Minister and Cabinet, concluded changes needed to be made to ensure it does not take place again.

"Neither the people nor the Parliament can hold a Minister accountable for the exercise (or, just as importantly, for the non-exercise) of particular statutory powers if they are not aware that the Minister has those powers," the report read.

"Nor can they hold the correct Ministers accountable for any other actions, or inactions, of departments."

Morrison "could not be held accountable" for his actions by being sworn in secretly.

Prime Minister Anthony Albanese said the report is a "very clear critique" of the Morrison government. But he conceded there were limits to the legal advice.

"The solicitor-general obviously was not in a position to go through all of the history of this because evidence obviously wasn't taken," he said.

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"This was just an opinion based upon the known details which are out there very publicly."

Albanese said the release of the solicitor-general's report should be considered a "one-off".

Normally legal advice from the solicitor-general is kept private.

Albanese is now considering any future legislative changes to make sure ministers are no longer sworn in secretly.

"There is a need to ensure there is absolute confidence in our political system," he said.

"We have a Westminster system of parliamentary democracy that relies upon conventions, it relies upon accountability and checks and balances in the system.

"Those checks and balances have been thrown out by the former government."

All ministerial appointments will be published from now on, Albanese said.

There will also be an independent inquiry into the matter.

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Governor-General had no discretion

The opinion also ruled that Governor-General David Hurley was not in a position to refuse to appoint the prime minister.

"The Governor-General has no discretion to refuse to accept the Prime Minister's advice in relation to such an appointment," he advised.

"Nor is there any constitutional or legislative requirement for notification of such an appointment as a condition of its validity, or for the Minister to subscribe another oath or affirmation following such an appointment."

But Donaghue said the secrecy with which Morrison went about this was "inconsistent with the conventions and practices that form an essential part of the system of responsible government".

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KEY DEVELOPMENTS

  • Scott Morrison appointments lawful, the Solicitor-General ruled, but actions "fundamentally undermined" the democratic system.
  • The Solicitor-General has called for changes to stop this happening again.
  • Anthony Albanese has announced a further inquiry into Morrison's actions.
  • The governor-general has been instructed to announce all ministerial appointments from now on.

Friend of Melbourne boxer jailed for murder said he made fatal push

A friend of a Melbourne boxer who spent 13 years in prison for murder has admitted it was him who grabbed and pushed Albert Snowball before he fell to his death through a window.

LM, who cannot be named, told the Court of Appeal on Tuesday he did not know where Khalid Baker was when he got into a fight with Snowball at a party more than 16 years ago.

"I don't have a memory of Khalid Baker being on the landing when I had the altercation with Mr Snowball," LM said.

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Khalid Baker spent 12 years in jail for a murder he said he did not commit.

Snowball died in hospital after falling 5.4 metres through a window after a brawl at a Brunswick warehouse party in November 2005.

A jury found Baker guilty of Snowball's murder in 2008 and he was sentenced to 17 years in prison. Baker was released in 2018 after serving his 12-year non-parole period.

The trial relied on the evidence of eyewitnesses at the party, as there was no CCTV footage or forensic evidence.

Baker is appealing his murder conviction, arguing there is fresh and compelling evidence from LM, who was acquitted at a trial, proved that he was not near the brawl.

LM, who was long-term friends with Baker, appeared as a witness in his appeal on Tuesday.

He said he was 17 when he went to the party with a group of friends, including Baker, who was designated driver that evening.

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The converted warehouse where Albert Snowball was critically injured after being pushed through a window at a rave party.

LM said he was dancing with friends, including Baker, when a fight broke out at the back of the warehouse.

He said he ran over to try to break up the fight as his other friend was involved. He pushed his friend out of the room and tried to get him to walk down the stairs to leave.

"I was just yelling at him 'what are you doing? I've told you to calm down'," he said.

"I grabbed him by the shoulders and tried to push him down the stairs. Once we'd gone down a few steps, Snowball came out and just started exchanging words over my shoulders."

READ MORE: Radioactive rock found at school in Sydney's eastern suburbs

Positioned between the two men, LM said he was punched to the face by Snowball.

He said he grabbed Snowball by the chest, with both of his hands, and pushed him.

"After I pushed him he took a couple of steps, I only saw that in my peripheral as I was turning. I turned and went down the stairs straight away," he said.

LM said he did not hear the glass window breaking and the next thing he remembered was walking outside and seeing Snowball lying on the pavement.

The appeal is continuing.

Rick Thorburn found unresponsive

Child killer Rick Thorburn has been found unresponsive in his Brisbane prison cell.

Thorburn is serving a life sentence, which carries a non-parole period of 20 years, for murdering his 12-year-old foster daughter Tiahleigh Palmer and dumping her body on the banks of the Pimpama River on the Gold Coast in 2015.

Queensland Corrective Services has confirmed the 62-year-old was found unresponsive in his cell at Wolston Correctional Centre at 8.30am after appearing "well" earlier in the morning.

READ MORE: Morrison 'fundamentally undermined' responsible government

Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14.

He was in a single cell at the time.

Officers stabilised him until paramedics arrived and he was taken to hospital, where he remains this afternoon.

Thorburn was previously found unconscious in his cell in September 2020.

The court found he murdered Tiahleigh at the family's Chambers Flats home, south of Brisbane, on October 29, 2015 after his son Trent Thorburn confessed to having had sex with her and fearing she was pregnant.

Rick Thorburn killed his foster daughter Tiahleigh Palmer, 12,in an attempt to conceal the fact his biological son Trent had sexually assaulted her.

The family then lied to police for almost a year, claiming the father had taken her to school and they never saw her again.

An inquest found he likely strangled her to death.

Trent Thorburn pleaded guilty to three charges including incest and perjury, and served 16 months of a four year sentence.

Tiahleigh's foster mother Julene and foster brother Josh were also jailed for their role in the cover-up.

190605 Tialeigh Palmer Trent Thorburn Tinder account crime news Queensland Australia NH CROP

Radioactive rock found at school in Sydney's eastern suburbs

A radioactive rock has been discovered among other rocks and minerals in a science storeroom at a school in Sydney's eastern suburbs.

During a NSW Government estimates hearing it was revealed a science teacher at Randwick Girls High School in the city's east found a metal box in the prep room with a "suspected hazardous material" last week.

"The advice I have is that this material was found in rock and mineral samples," Education Minister Sarah Mitchell said.

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Radioactive rock found at Randwick Girls High School in Sydney.

"It was in a metal box in a cupboard in a science room."

Education department deputy secretary Murat Dizdar said the teacher, who was prepping for a science lesson, found two rocks in the box.

Dizdar added it was reported late on Tuesday afternoon and the next morning the Australian Nuclear Science and Technology Organisation (ANSTO) was called to clean the site and collect the material.

Radioactive rock found at Randwick Girls High School in Sydney.

The prep room and surrounding labs were closed until ANSTO gave the all-clear.

Dizdar reassured the hearing that the material was found to be a very low level of radioactivity.

"Experts indicated to me in the report that you would have to hold the material in the box in your hands for about 250 hours consecutively to reach the allowable radiation dose limit set by the Australian regulator," he said.

EXPLAINED: The Morrison secret portfolio scandal

Deputy secretary Murat Dizdar (left) during an estimates hearing.

Dizdar said the department is working with the school to figure out how the substance came to be there.

Mitchell said there should be no cause for concern or alarm for parents or students of the school.

"We need to be very clear there is no misinformation that comes through this committee process, ANSTO have confirmed no harm was posed to staff or students," she said.

"It has been handed appropriately."

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NSW Education Minister Sarah Mitchell during an estimates hearing.

The hearing also heard this is the second incident where radioactive substances have been found in schools.

Chief executive of school infrastructure Anthony Manning said the previous incident was when "naturally occurring radioactive sand" was found during the renovation of a school on the NSW north coast.