Mother reliving son’s horrific work death

A coronial inquest has started into the workplace death of a teenage apprentice in Adelaide.

Daniel Madeley, 18, was operating a horizontal borer at Diemould Tooling in 2004 when his dustcoat caught in a spindle and he was sucked into the machine.

He suffered horrific injuries and died the next day.

The company pleaded guilty in the Industrial Court, which meant no witnesses were called.

Mr Madeley’s mother Andrea says the coronial inquest allows those witnesses to be heard and she has been given permission to cross-examine them herself.

“Effectively through the criminal justice system you are nothing but a spectator,” she said.

“This is very different and there’s a lot of evidence to come but it is important I feel it is an opportunity that at least you can have some answers yourself rather than relying on someone else hoping they’ll get the questions asked.”

Ms Madeley hopes the coroner’s proceedings will make workplaces safer for others.

“What I’m hoping is that we’re going to see recommendations from the coroner’s court that will ultimately save lives,” she said.

The opening day of the hearing was told Daniel Madeley had been trained on the machine that killed him by another apprentice, Mark Remfrey.

Mr Remfrey told the court he was the one who pushed the emergency stop button when Mr Madeley got caught and who stayed with him until help arrived.

He believes his co-worker’s sleeve got caught as he was applying coolant to the drill bit.

Man pleads not guilty to teen bashing

A Kalgoorlie man accused of kidnapping and bashing a teenage boy has gone on trial at Perth’s District Court.

Michael McKay Starr is one of three men charged with bashing the 17-year-old before tying him up and driving him to bushland outside Kalgoorlie in April last year.

It is alleged the men beat him with several weapons before leaving him lying on the ground, where he was not found until the next morning.

Starr has pleaded not guilty to causing grievous bodily harm, assault occasioning bodily harm, deprivation of liberty and endangering another’s life.

The two other accused men have pleaded guilty to charges arising from their involvement in the incident.

The victim is expected to give evidence today.

Federal Court hears arguments over NAPLAN dispute

The Federal Court has heard the Australian Education Union (AEU) is not acting in the broad educational interest by threatening to boycott national literacy and numeracy tests.

More than 1.1 million year three, five, seven and nine students are scheduled to sit the NAPLAN test next week.

The AEU argues the test results data will be used to unfairly rank schools.

It is pressing ahead with plans for a test boycott despite a Fair Work Australia ruling yesterday finding that the proposed industrial action is unlawful.

Lawyers for the Government’s Fair Work ombudsman have told a Federal Court hearing in Melbourne that the union is acting only in the interests of teachers, rather than in broad educational interests.

The court has heard massive logistical preparations have been made to deliver the test and the matter is urgent.

The union’s lawyers told the court the data would be false and inaccurate and would lead to teachers being badgered by parents.

The hearing continues.

Any Federal Court ruling on Naplan test boycotts will only affect Victoria, the Northern Territory and the ACT, where teachers come under the federal award system.

Man fronts Ipswich court charged with murder

A 36-year-old man has appeared in court charged with the murder of Amanda Quirk from Ipswich west of Brisbane.

Christopher James Swan from Lawnton north of Brisbane has been remanded in custody to appear in the Ipswich Magistrates Court again next month.

Ms Quirk who was 32 was reported missing on Tuesday.

Police say a woman’s body found in northern New South Wales yesterday is yet to be formally identified.

A 32-year-old woman from Ipswich has been charged with being an accessory after the fact.

Cricket selector denies sex charge

Tasmanian cricket selector Glenn Hughes has pleaded not guilty to charges of sexually assaulting a woman in Perth.

Mr Hughes is facing two charges of assaulting the woman, at a hotel the beachside suburb of Scarborough in October last year.

He appeared in the Perth Magistrates Court today via a video link from Hobart.

Mr Hughes bail was renewed and he is due to appear in the District Court in Perth in June.

He has been stood down by Cricket Tasmania.

Woman arrested for ‘sleeping’ while driving

A woman has been arrested after police found her asleep at the wheel of her car at an intersection in Alice Springs this morning.

Police found the 30-year-old woman asleep in her sedan at the intersection of Tietkins Avenue and the Stuart Highway just before 7am.

Police said the car’s engine was running and the lights were on.

The woman was arrested and was found to have a blood alcohol level of 0.226 per cent.

She was charged with high-range drink-driving and unlicensed driving.

She has been bailed to appear in the Alice Springs Magistrates Court on May 13.

Peruvian loses appeal against drug trafficking conviction

A Peruvian man jailed in Queensland over a conspiracy to import almost 90 kilograms of high-grade cocaine has lost an appeal against his conviction and 24-year jail term.

A Supreme Court jury in Brisbane last year convicted Jorge Velarde Silva of conspiring to bring 89 kilograms of cocaine into Australia from Mexico on board the yacht Sparkles Plenty.

The conspiracy, which involved two other men, ran into trouble when the yacht almost sank in Moreton Bay.

Velarde argued his trial judge made mistakes and his sentence was manifestly excessive.

But the Court of Appeal has ruled there were no grounds to overturn the conviction and the sentence emphasised the need for deterrence.

Crash truckie to serve 6 months

A 24-year-old man has been sentenced to three years prison for killing a woman in a horrific traffic accident in Darwin’s rural area.

In June last year, Geoffrey Ross Hamilton was the driver of a three-carriage roadtrain.

He ran a red light at an intersection in Coolalinga and ploughed into a car, instantly killing 20-year-old dental nurse Karlee McCullough.

A short time later, Dale Stanton, who was directing traffic around the crash site was fatally hit by another car.

In sentencing, Justice Trevor Olsson said a lapse in concentration and faulty judgement had led to the crash.

Hamilton was sentenced to three years jail, suspended after he serves six months

He has also had his driver’s licence disqualified for a year.

Heyward son lodges murder appeal papers

Matthew Heyward has lodged an appeal against his murder conviction after the trial into the killing of his mother Glenys in 2007.

Heyward, 22, and farm worker Jeremy Minter were found guilty of murder for allegedly helping Heyward’s father, Neil, track down and kill his Glenys Heyward, in a fight over property.

The appeal application has been lodged with the Court of Criminal Appeal and is not likely to be listed for a hearing until next month.

Man pleads not guilty to glassing

A 22-year-old man has pleaded not guilty to a charge of unlawful wounding with intent to cause grievous bodily harm.

Shane Sullivan is accused of glassing another man during Australia Day celebrations on a Busselton beach.

It is alleged he stabbed a 21-year-old man in the side and face with a broken bottle during an altercation.

Sullivan is due to face court again in June.

Four to stand trial over Moran murder

Four people charged over the murder of Desmond Moran last year have been committed to stand trial in the Victorian Supreme Court.

Des Moran’s sister-in-law Judy Moran, Suzanne Kane, 46, Kane’s de facto partner and the alleged gunmen Geoffrey Armour, 44, and Michael Farrugia, 45, have all contested the charges against them.

Mr Moran was shot dead at a cafe in Ascot Vale, in Melbourne’s north, in June last year.

Deputy Chief Magistrate Jelena Popovic also ordered Armour to stand trial on a second charge of attempted murder, relating to the attempted murder of Mr Moran in March last year.

Judy Moran’s lawyer told the court his client did not have a case to answer on the murder charge.

He argued that Moran would not have benefited financially from Mr Moran’s death as she was not listed in his will.

Kane’s lawyer also submitted his client should be exonerated on both the charges of murder and accessory after the fact because there was not enough evidence.

But Prosecutor Claire Quin said there was enough evidence for the case to go to trial.

Judy Moran and Farrugia have indicated they will make fresh bail applications.

Rampage accused put on 20yr supervision order

The County Court has placed a man accused of a crime spree in central Victoria on a 20-year supervision order.

Police arrested New South Wales man Steven Westlake, 39, in Castlemaine in November 2008.

In the hours leading up to the arrest, police say Westlake used his car to drive over a man and break his legs. He was also accused of assaulting a Country Fire Authority member and stealing his utility.

Westlake pleaded not guilty to six charges because of his mental condition at the time of the offences.

He faced the County Court in Melbourne yesterday and was placed on a non-custodial supervision order.

The order’s conditions will be be reviewed regularly.

Community court’s second chance

The Attorney General Christian Porter says he is determined to give WA’s only formal community court another chance despite poor results so far.

The Kalgoorlie-Boulder Community Court was launched in 2006 in a bid to reduce recidivism among Aboriginal offenders.

But, the Attorney General says an independent review of the pilot program has found offenders dealt with by the court were more likely to reoffend than those dealt with by the Kalgoorlie Magistrate’s Court.

Despite the poor results, Mr Porter has extended the pilot for another two years.

“Rather than being terribly optimistic, what I do believe is that it does deserve more time with slightly better management to see whether the results can be achieved.”

The program, which provides more culturally appropriate ways of dealing with Aboriginal offenders, costs $430,000 a year.

Teachers sue paper over Facebook photos

Two teachers are taking legal action against a southern Queensland newspaper for publishing photographs of them taken from the social networking site Facebook.

The Warwick Daily News published an article last month with photos showing the teachers posing in schoolgirl uniforms.

Solicitor Rebecca Jancauskas says the story vilified the teachers.

“The global publication of this story has caused our clients incredible distress and has damaged their personal and professional reputations immeasurably,” she said.

“They’re now a laughing stock in their local community, their students and their peers view them very differently and their professional lives hang in the balance while Education Queensland decide the outcome of their investigation.”

Ms Jancauskas says the case will have wider ramifications for social media sites.

“I think it raises interesting issues that need to be determined, whether it be by a court or by a government, which is do user generated sites such as Facebook have the legal status of a modern day diary or personal correspondence?” she said.

Bouncer jailed over fast-food restaurant attack

A Victorian County Court judge has jailed a bouncer for at least 12 months for an attack on two teenagers inside a fast-food restaurant last July.

Nathan Karazisis, 24, had been out all night when he and his friends, Mark Bogtstra, 22 and Kon Kontoklotsis, 33, went to Hungry Jack’s in Prahran at about 6:30am.

In the restaurant, the three men bashed James Mitchell. His friend 19-year-old Luke Adams was choked unconcious by Karazisis.

In sentencing Karazisis and Bogtstra, Judge Ross Howie said there was no justification whatsoever for their actions.

The two men pleaded guilty to charges including afray and intentionally causing injury.

Karazisis was sentened to two years and four months with an unparolled period of one year.

Bogtstra must serve a 9 month intensive corrections order.

Kontoklotsis will be sentenced at a later date.

Payout for protesters locked in shipping container

The South Australian Government has been ordered to pay $724,000 to 10 people involved in a protest at the Beverley uranium mine a decade ago.

The Supreme Court has found the nine uranium protesters and a cameraman were assaulted and all but one falsely imprisoned in a shipping container.

The Government fought the case on behalf of the police officers who arrested the group in the outback.

Eight protesters, the TV cameraman and a girl, 11, sued the Government for assault and false imprisonment over their treatment by police during the protest in May 2000.

Supreme Court Justice Timothy Anderson found police used unnecessary force against all 10, using batons and capsicum spray and locking the nine adults in the container.

He awarded $724,000 but noted it was less than the plaintiffs had sought.

‘Degrading’

Justice Anderson said using the oppressive, degrading and dirty shipping container was a breach of human rights.

He also condemned SA Treasurer Kevin Foley and Police Minister Michael Wright for making antagonistic and provocative comments about the case and the Government for its failure to settle the matter, despite a report by the Police Complaints Authority confirming the use of unnecessary force.

Mr Foley was quoted as calling the group a “bunch of feral protesters”.

The court heard the Government rejected an offer to settle for $600,000 in the weeks before the trial.

Cameraman Jamie Holland says he was held in the container without food, water or a toilet for three hours.

“Inhumane. It shouldn’t happen in Australia. It shouldn’t happen anywhere,” he said.

One of the protesters Lucinda White says Mr Foley was wrong to have made a judgment based on appearance and she is calling for an apology.

“There are real issues here and uranium mining is a really big issue in South Australia,” she said.

“Regardless of how people look they have a right to protest and a right to be safe, not bashed, beaten and falsely imprisoned by the police,” she said.

Man fined over lawnmower quarantine breach

An Albany man has been fined more than $1,000 for refusing to have a lawnmower cleaned at the Eucla quarantine checkpoint.

The Department of Agriculture and Food says quarantine officers asked to clean the mower after the man brought it past the South Australian/WA border.

He refused and removed the machine from where it was impounded.

The department has described the man’s actions as reckless, saying the mower could have been carrying pests and diseases.

The man recently appeared in the Esperance Magistrates Court where he was fined $1,200.

Fresh Nuttall trial not until next year

Former Queensland Government minister Gordon Nuttall will not face trial on further corruption charges until next year.

Nuttall was charged last August with five counts of receiving corrupt payments and perjury after a Crime and Misconduct Commission (CMC) investigation.

The matter was mentioned briefly in the District Court in Brisbane this morning where legal representatives said they would not be ready to go to trial until the new year.

Nuttall is serving a seven-year jail sentence after being convicted last year on more than 30 counts of receiving secret commissions.

Next year’s trial is expected to take two weeks.

Patel’s prosecution costs $2.75m so far: Government

The Queensland Government has revealed it has spent more than $2.75 million on the prosecution of former Bundaberg-based surgeon Jayant Patel.

Patel, 59, has pleaded not guilty to unlawfully killing three patients and to causing grievous bodily harm to a fourth man during his time as director of surgery at the Bundaberg hospital in southern Queensland.

In response to a Question on Notice from the Member for Bundaberg, Jack Dempsey, the Government says it has budgeted just over $3 million for the trial, with $2.75 million already spent.

Meanwhile, the Supreme Court trial in Brisbane today has heard Patel assured a patient of good outcomes from a complex surgical procedure, but the patient died two days after the operation.

James Phillips, 46, was in renal failure in 2003 when Patel removed part of his oesophagus to treat a throat cancer.

Mr Phillips died two days later.

Bundaberg hospital renal nurse Carolyn Waters gave evidence about a conversation between Mr Phillips and Patel prior to the surgery.

She told the court Patel assured Mr Phillips that he had previously had good outcomes from the procedure and Bundaberg hospital could provide the necessary care afterwards.

But she says he did not tell Mr Phillips he might die.

Another nurse has told the court that Patel described a detailed note in a patient’s file before surgery as necessary because of the chance of a lawsuit.

Nurse Mandy McDonald told the trial when she commented about a detailed note Patel wrote about Mr Phillips before surgery, he replied it was necessary because ‘you never knew when you might get sued’.