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Man on life sentence for murder of young footballer has conviction thrown out

A man who rated himself "10 out of 10" honest at trial and claimed his fatal stabbing of a young footballer was provoked has successfully challenged his murder conviction.

Birdsall Fa'apepele died after being stabbed 42 times at a caravan park at Paget, in central Queensland, in the early hours of December 14, 2021.

Steven Dean Michael Walker-Ely pleaded guilty to his manslaughter but denied the charge of murder at the start of his trial in 2024.

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Ruth O'Gorman said her client should never have been asked to make an assessment of his honesty. (Darren England/AAP PHOTOS)

A Supreme Court jury found Walker-Ely guilty of murder after a four-day trial and he was jailed for life.

But in a judgment handed down yesterday, the Queensland Court of Appeal accepted Walker-Ely's argument there had been a miscarriage of justice while he was giving testimony in his own defence.

He told the jury he had been living at the caravan park and he stabbed the 25-year-old Mackay Magpies player after being provoked by an attempted sexual assault.

The prosecutor improperly asked Walker-Ely during cross-examination at trial to make a self-assessment of his own general honesty, defence barrister Ruth O'Gorman told the appeal court.

The jury should not have heard the question and answer because it was not limited to the events surrounding Fa'apepele's death, O'Gorman argued during the appeal hearing.

"What about as a general matter? Do you regard yourself as a perfectly honest man, 10 out of 10?" the prosecutor asked Walker-Ely during the trial.

"Yes, I do," the accused murderer replied.

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Walker-Ely's trial defence counsel objected at the time, describing the question as inadmissible and "not something I've ever seen".

The prosecutor argued the questions were necessary to establish if Walker-Ely was a bad witness when he claimed Fa'apepele had tried to rape him and then threatened to kill him.

Appeal judge Thomas Bradley found the prosecutor's questions were improper as Walker-Ely had not previously claimed to the jury he was of good character.

The other two appeal judges agreed with Justice Bradley.

The appeal court ordered Walker-Ely's murder conviction be set aside and that he face a new trial.

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Catholic boys school teacher charged with sexually abusing student

A female teacher has been sacked by an elite Catholic boys school after being charged with sexually abusing a student in what has been described as a distressing betrayal of trust.

Ella Clements, 24, is accused of engaging in an inappropriate relationship with a schoolboy at St Augustine's College in Brookvale, in northern Sydney

She has been charged with three counts of aggravated sexual intercourse with a child.

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St Augustine's College in Brookvale, in northern Sydney.

Clements also faces one count of intentionally sexually touching a child. 

St Augustine's principal Jonathan Byrne said the college notified police after becoming aware of the allegations and immediately stood Clements down from her role.

Her employment has since been terminated.

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"We continue to work with police and relevant authorities and, in the meantime, our focus is on ensuring the privacy and well-being of the student and family," Byrne said in a letter to parents. 

"The judicial process must be allowed to run its natural course.

"However I believe that the former teacher has betrayed the trust placed in them by the college and families."

He acknowledged the investigation would cause anxiety and be an "incredibly distressing time" for some but cautioned against harmful speculation about those involved. 

"If you have not been contacted, your son is not currently part of the active investigation," Byrne told parents.

"Please respect that in this instance we are legally limited in what we can share, and have a primary consideration to protect the safety and wellbeing of the student."

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Clements remains behind bars despite being granted bail yesterday by Manly Local Court.

A magistrate granted her release under strict conditions including that she abstain from social media use.

But the police prosecutor made a rare application to stay the bail decision so a detention application can be heard in the NSW Supreme Court. 

The move means Clements will remain behind bars on remand until the application is heard or until 4pm on Thursday, whichever is first. 

She has not yet entered pleas to the charges.

An interim apprehended domestic violence order is in place to protect the student. 

Support is available from 1800 RESPECT (1800 737 732), National Sexual Abuson 1800 55 1800 (for people aged five to 25).

‘Ignorant’: JK Rowling pens scathing rebuke of Harry Potter star

Harry Potter author JK Rowling has penned a long and scathing message to Emma Watson after the actress attempted to publicly make peace, describing her as "ignorant" and "cushioned by wealth and fame".

In a 700-word post on X, Rowling responded to conciliatory remarks Watson recently made on a podcast after being asked about the author's controversial views on the trans community.

Watson, 35, told the Jay Shetty Podcast last week that she still "treasures" Rowling despite not agreeing with her opinions on trans rights.

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Emma Watson

"I really don't believe that by having had that experience, and holding the love and support and views that I have, means that I can't and don't treasure Jo and the person that I had personal experiences with," Watson told host Shetty.

Rowling, 60, fired off a lengthy post responding to Watson's comments and addressing her long-standing rift with some of the former child stars of Harry Potter.

"Emma and Dan [Radcliffe] in particular have both made it clear over the last few years that they think our former professional association gives them a particular right – nay, obligation – to critique me and my views in public," Rowling wrote.

"Years after they finished acting in Potter, they continue to assume the role of de facto spokespeople for the world I created."

Rowling said Watson "poured petrol on the flames" in 2022 when the actress said she was "here for all of the witches" during a speech at the BAFTAs.

The fantasy author recalled Watson writing her note of apology after her BAFTA speech sparked backlash against Rowling online.

"Emma asked someone to pass on a handwritten note from her to me, which contained the single sentence 'I'm so sorry for what you're going through' (she has my phone number)," Rowling added.

"This was back when the death, rape and torture threats against me were at their peak, at a time when my personal security measures had had to be tightened considerably and I was constantly worried for my family's safety."

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JK Rowling, J. K. Rowling

Rowling then took aim at Watson.

She described her as "ignorant" and said the Beauty and the Beast star has never experienced life outside of the celebrity bubble.

"Like other people who've never experienced adult life uncushioned by wealth and fame, Emma has so little experience of real life she's ignorant of how ignorant she is," Rowling continued.

"She'll never need a homeless shelter. She's never going to be placed on a mixed sex public hospital ward. I'd be astounded if she's been in a high street changing room since childhood.

"Her 'public bathroom' is single occupancy and comes with a security man standing guard outside the door. Has she had to strip off in a newly mixed-sex changing room at a council-run swimming pool? Is she ever likely to need a state-run rape crisis centre that refuses to guarantee an all-female service?

"To find herself sharing a prison cell with a male rapist who's identified into the women's prison?"

Rowling went on to claim Watson could not advocate for trans rights and "cosy up" to the trans community and simultaneously make amends with the woman who wrote the books that "made her famous".

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JK Rowling and Emma Watson at the Lumos fundraising event at The Warner Bros. Harry Potter Tour on November 9, 2013 in London, England.

"Emma is rightly free to disagree with me and indeed to discuss her feelings about me in public," she concluded.

"But I have the same right, and I've finally decided to exercise it."

Watson has not responded to Rowling's X post.

Rowling has faced allegations of transphobia over her divisive views on gender.

Her previous remarks, which have included referring to a transgender woman as a "penised individual" and her stance against the phrase "people who menstruate", have resulted in fans boycotting Rowling's books and Harry Potter stars distancing themselves from her views.

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