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Girl lost hearing after horse falls on her at show
A four-year-old girl sustained injuries including permanent hearing loss when a horse fell on her at a country show jumping event, according to a New South Wales lawsuit.
Scarlett Anne Robinson, through her "next friend" Anthony James Robinson, is suing Riverina Equestrian Association and Equestrian Australia Ltd.
They were the organisers of the NSW Country Show Jumping Championships on November 4, 2017.
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She is also suing Charles Sturt University, occupier of the premises where the event was held, and Chloe Mannell, the horse's rider.
In the NSW Supreme Court on Tuesday, Justice Michael Walton granted an application by Scarlett's lawyers for her civil lawsuit to be transferred from the District Court to the Supreme Court.
"My overall impression is that there is a risk that the amount to be awarded, if the plaintiff is successful, may exceed the jurisdictional limit of the District Court," the judge said.
That limit is $750,000.
Her barrister has estimated the quantum of damages as between about $825,000 and $1.02 million, figures disputed by the defendants.
The little girl had gone to the championships with her mother and another child.
"During the event, the horse came within a short distance to the plaintiff," the judge said.
"It is alleged that the (rider) did not maintain control of the horse.
"The horse fell and landed on the plaintiff."
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An issue between the parties relates to the duty and/or scope of the duty owed between the four defendants and Scarlett, as well as damages.
The judge said the evidence revealed that her injuries included a fractured skull, permanent hearing loss or severe deafness in the left ear, facial nerve palsy/paralysis, contusion to the lungs and moderate traumatic brain injury.
He referred to numerous medical reports including one from a clinical psychologist who said she suffered a moderate traumatic brain injury from which she has made a good cognitive recovery.
But he referred to behavioural and emotional changes which are affecting classroom engagement, relationships with siblings and social development.
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The defendants submitted that the medical evidence did not support an assessment of damages above $500,000.
They noted that no physical limitations had been reported by the girl's parents, except in relation to balancing activities, or her aptitude for household chores and recreational activities.
But the judge said the overall evidence lent support at this stage of proceedings to an assessment made by the girl's barrister.
This "creates the impression that there is a risk that the value of damages may exceed the jurisdictional limit of the District Court if the plaintiff succeeds in her claim".
Witness in Ben Roberts-Smith trial threatened with 'bullet in his head'
One of the most impressive witnesses to be called out of dozens in the defamation trial launched by Ben Roberts-Smith was threatened with a "bullet in his head" by the war veteran, a judge has been told.
Barrister Nicholas Owens SC said in his closing address for the media outlets being sued that Australia's most decorated soldier savagely bullied the still serving SAS soldier dubbed Person One.
In 2016, Roberts-Smith allegedly hit him in the back of the head multiple times, spat in front of him and regularly slammed doors in his face.
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But most seriously was the threat to his life, Owens said.
"(He said) words to the effect: 'If your performance doesn't improve in the next patrol you're going to get a bullet in the back of the head'," Person One said in evidence.
"It made me fearful for my own personal safety. It made me lose more confidence. It made my performance worse."
Owens said on Thursday that Person One "interpreted those words as meaning that Roberts-Smith was going to shoot him in the back of the head".
The barrister submitted that Person One "was one of the most impressive witnessed to be called … on either side," due to him openly admitting his failings during his first four weeks of deployment in Afghanistan in 2006.
The incident dredged up from 15 years ago was a source of "enormous embarrassment" to the soldier given his illustrious and distinguished career that followed, including "uniformly glowing appraisals," since he left Roberts-Smith's patrol.
Person One testified that he failed to bring machine gun oil on one mission, which led to "stoppages" of his weapon not firing, and in extreme circumstances admitted this could have led to deaths of his comrades.
Owens also pointed to the credibility of Roberts-Smith's alleged mistress who says the Victoria Cross recipient punched her in a hotel room after she was drunk at a Canberra function and "embarrassed him" in March 2018.
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Roberts-Smith's lawyers submit the woman is a liar and a fantasist and repeatedly point out that she is married, independently wealthy and has a prestigious job.
"The fundamental point seems to be that because she is capable of intelligent thought, because she was wealthy, educated and able to make decisions for herself, her conduct in the aftermath of the incident is so inconsistent with an assault having occurred that Your Honour would find it did not occur," Owens said.
"The implicit suggestion seems to be that wealthy educated people would act in a particular way, if they were a victim of assault.
"We respectfully submit that line of argument goes absolutely nowhere."
Roberts-Smith is suing The Age and The Sydney Morning Herald – owned by Nine, the publisher of this website – and The Canberra Times over 2018 reports claiming he committed war crimes in Afghanistan including murder, and acts of bullying and domestic violence.
The 43-year-old denies all claims of wrongdoing, while the mastheads are defending them as true.
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Earlier, Arthur Moses SC, on behalf of Roberts-Smith, submitted the media waged a sustained attack on the war hero based on rumour, hearsay and contradictory accounts from jealous and obsessed former colleagues.
Moses said it shattered his reputation and even if vindicated in what was often described as the trial of the century, it would take years for it to fully recover.
The trial continues.
CCTV released as police met with 'wall of silence' over fatal stabbing
Police have been met by a "wall of silence" while investigating who is responsible for the fatal stabbing of a 16-year-old boy in western Sydney.
The boy was at a gathering with other young people at a home on Australis Drive, Ropes Crossing, when he was stabbed around 3am on Saturday June 4.
Police performed CPR on the boy before paramedics arrived, but he died at the scene.
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Detective Chief Inspector Paul Tickner said police have faced a "wall of silence" regarding the incident and this has sparked releasing CCTV of three youth who could "assist with inquiries".
The first male is described as being of Aboriginal or Torres Strait Islander or Pacific Islander or Maori appearance, between 16 and 17 years old, about 185cm tall and of thin build.
The second male is described as being of Caucasian appearance, between 16 and 17 years old, about 185cm tall and of obese build.
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The third male is described as being of Aboriginal or Torres Strait Islander or Pacific Islander or Maori appearance, between 16 and 17 years old, and of solid build.
The CCTV shows the three boys after the stabbing took place.
"The CCTV is captured a short distance away of some males in their late teens walking away from the direction of where the offence occurred," Tickner said.
Tickner added the three youths depicted in the CCTV have "gone into hiding".
"Sooner or later once we're in a position we'll try and find them," he said.
The day of the stabbing, Tickner said the stabbing was not believed to be gang-related, and may have been about a girl.
"Young boys probably with hormones running through their system and somebody thought they had to defend the right of their girlfriend at the scene and that has led to a young boy being killed," Tickner said.
"They shouldn't be carrying knives in the first place."
Operation Cobalt: Thousands in cash, stolen motorbike seized during Auckland police searches
More than $22,000 in cash and a stolen motorbike have been seized while an Auckland man has been arrested in the latest round of Operation Cobalt police searches. Operation Cobalt is a dedicated police effort across Auckland and…
Gale force southerly slams Wellington, commuters face long queues
A gale force southerly has slammed Wellington- grounding flights, flooding streets, and even ripping part of a wing mirror off a car.Evening commuters are facing long queues at the city’s central train station, with many services…
Operation Maddale: Farshad Esfehani-Bahadori to serve consecutive terms for fatal crash, meth supply
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Bryce Edwards: Public submissions on political donation reform released
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Albanese astonished by Morrison's 'don't trust government' sermon
Prime Minister Anthony Albanese has described his predecessor Scott Morrison's instruction to a Perth church not to trust government as "astonishing".
Morrison was speaking to the Victory Life Centre when he urged congregants to put their faith in God rather than government.
"We trust in Him," Morrison told the church.
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"We don't trust in governments. We don't trust in the United Nations, thank goodness."
He added there was value in the role of government.
"We don't trust in all these things, fine as they may be and as important as the role that they play," Morrison said.
"Believe me, I've worked in it and they are important."
Albanese expressed his astonishment at the address in an interview this morning.
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"I just thought, wow, this guy was the prime minister," he told the ABC.
"It provides some explanation perhaps as to why clearly he didn't lead a government that was worthy of the Australian people."
Albanese was especially irritated at his predecessor taking a jab at the United Nations.
"I've spent two months trying to repair our international relations," Albanese said.
"And that sort of nonsense throwaway conspiracy line about the United Nations isn't worthy of someone who led Australia."
Morrison remains the member for Cook in Parliament but has not sought a frontbench position in the opposition.
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Victory Life Centre is a Pentecostal church founded in 1995 by former tennis player Margaret Court.
Morrison spoke for 50 minutes during the Sunday service.
Trawler tanker fire; TAIC orders Talley's to review its maintenance procedures
Agri-business giant Talleys is reviewing its maintenance procedures after a fuel tank fitting came loose, spraying diesel all over a fishing trawler’s hot engine and catching fire.Languishing in the water off the West Coast, the…