7/5/2019 0 Comments 'Low level of maturity': Bikie hopeful who shot at rival's home over Facebook post is jailedUpdated July 05, 2019 20:30:50
A prospective Canberra bikie gang member who shot up the house of a rival has been jailed for more than four years in jail by the ACT Supreme Court. Key points:Cameron Sharp fired two shots into the home and set fire to two cars in 2017The court heard he was provoked by a Facebook post by a rival bikieHe will be eligible for parole in March 2022 Cameron Sharp, 22, of Canberra fired two shots into the home of the Sergeant at Arms of the Nomads club in 2017, and set two cars alight. The court heard Sharp was a nominee for the Comancheros motorcycle gang, and had hoped the shooting would see him patched into the club. It was also revealed in court that Sharp told other people about the attack he was planning before he went to the house. As well as shooting into the house, he used petrol to set two cars on fire. The intended victim was at home with his girlfriend and father. His girlfriend told the court she continued to suffer anxiety and hyper vigilance. "I am always asking why he did this to me," she said. "I relive the incident on a constant basis." Three days earlier, the victim a leader of the Nomads outlaw motorcycle gang had updated his Facebook status with a post that targeted Sharp. It read: "The next time someone talks shit about me to you I wouldn't even bother telling me because I honestly don't care lol. "I have a better life/car/family/friends/bike and more money in a week than they see in a year. "If they had any balls they'd come say it to my face lol so the next time a 18 year old no name commo lover from northside with an ugly baby wants to open his mouth tell him to come say it to me instead of saying it to you. xxx" Sharp created alibi, tried to cover his tracks The court heard Sharp had gone to great lengths to plan the shooting, even asking his girlfriend to post a picture of them together on SnapChat, with the comment "when your boyfriend tans your back at 10:30", in order to provide an alibi. Prosecutor Mark Fernandez told the court Sharp also tried to hide his tracks by using the message app Wikr, which deletes messages as they are read. "There has been an issue with drive-by shootings in the [ACT]," Mr Fernandez said. "This was a bit more. "This was standing in front of a property and firing at the house and then setting fire to the cars. A normal domestic night turned into a significant point of distress." Sharp's lawyer, James Sabharwal, told the court he was only 20 at the time of the offences. "It displays a low level of maturity," he said. "He was trying to gain acceptance by the motorcycle club." Mr Sabharwal said the actions had been serious and thoughtless but said Sharp has now disassociated himself from the club and has accepted responsibility for the crimes. Chief Justice Helen Murrell acknowledged the victim impact statements. "The incident would have been terrifying," she said. She said two of the victims had been innocently caught up in gang-related retribution. Sharp is already in jail for other offences, including his part in a violent home invasion in which a dog's ear was shot off. Several months after the home invasion the dog killed its owner, 46-year-old Tania Klemke, as she tried to protect a late-night visitor whom the dog had attacked. The attack on the dog during the burglary was just one of several incidents listed in a coroner's report on Ms Klemke's death, which also noted how Ms Klemke had been trying to protect a visitor at the time, telling the man to lock himself in the laundry for safety. Sharp's total sentence is now six years and eight months. He will not be eligible for parole until March 2022. Topics:law-crime-and-justice,crime,courts-and-trials,prisons-and-punishment,australia,act,canberra-2600 First posted July 05, 2019 19:39:43 http://www.abc.net.au/news/2019-07-05/bikie-who-shot-up-rivals-house-over-facebook-argument-sentenced/11284096
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Updated July 01, 2019 16:28:59
A man accused of raping a fellow cadet at the Royal Military College in Canberra will not face a second trial, after the ACT Director of Public Prosecutions (DPP) decided pursuing the charge was not in the public interest. Key points:The ACT DPP announces a Duntroon graduate accused of rape will not face a second trialSamisoni Baikeitoga's first trial resulted in a hung juryMr Baikeitoga says he and the woman had consensual sex The jury in the first trial of Samisoni Baikeitoga, 24, was deadlocked on the issue of whether he had sexually assaulted a colleague in her room at Duntroon while she was drunk in April last year. At the conclusion of the trial the jury foreperson told the ACT Supreme Court the only thing the jury could agree on was that they would never reach a verdict. After the jury was discharged, the DPP Shane Drumgold determined the case should not be heard by a second jury. A spokeswoman said he had consulted both with DPP policy, and the woman who had accused Mr Baikeitoga before making the decision. "After a review and consultation with the complainant, he was of the view that another jury would not be in a better position to reach a unanimous verdict, and that a retrial was not in the interests of justice," she said. Prosecutors had alleged the complainant had awoke to find Mr Baikeitoga having sex with her, and that he refused to stop despite being asked twice. The trial had been told that after investigators linked him to the woman by DNA test he was interviewed by police, but he did not tell them about his encounter with the woman for fear of falling afoul of Duntroon's anti-fraternisation rules. The court also heard that after being interviewed by police he made the internet search "how to beat a rape charge?" Mr Baikeitoga, a Fijian national, had protested his innocence throughout the trial, acknowledging he had sex with the complainant, but insisting it was consensual. He had taken the stand during the trial, to give evidence that the woman had initiated their encounter, and that she had never asked him to stop. 'Very relieved'; Samisoni Baikeitoga to return to Fiji this week Mr Baikeitoga plans to fly home to Fiji within days, and resume his position as a lieutenant within the Fijian military. His lawyer, Jacob Robertson, said the trial process had taken a toll on his client. "[He is] very relieved, not only due to the stress and the anxiety of the trial being over, but the fact that he can go back and visit his family see his family," he said. "He hasn't seen them for over 18 months, as bail conditions have restricted him from doing that. "So he's very relieved to be going home and returning to the military." He said Mr Baikeitoga's position within the Fijian military had been held open for him throughout the criminal proceedings. "It's been stayed effectively, put on hold whilst this trial was going forward," he said. "The Fijian military stood behind him despite the fact he hasn't been able to do anything for the last 18 months. "However he returns to Fiji, effective immediately, as a lieutenant in the Republic of Fiji military." Topics:sexual-offences,law-crime-and-justice,canberra-2600,act,australia First posted July 01, 2019 11:20:59 http://www.abc.net.au/news/2019-07-01/duntroon-rape-accused-samisoni-baikeitoga-canberra-retrial/11266824 Updated June 29, 2019 15:58:02
Photo: The Brumbies suffered a shattering 39-7 defeat in their Super Rugby semi-final in Buenos Aires. (Flickr: Jaguares Argentina) Related Story: Forget Folau, here's the super rugby story you should be following Map: Canberra 2600 The Brumbies' Super Rugby finals dream has been dashed in a brutal fashion, suffering a massive defeat to the Argentinian Jaguares. Key points:Brumbies lose 39-7 to Jaguares in ArgentinaThey were the last Australian side in the Super Rugby finalsJaguares proceed to Super Rugby grand final next weekend The Jaguares piled on 20 points in the opening 20 minutes of the semi-final in front of 30,000 fans in Buenos Aires, and were never seriously threatened from there. The Argentinian side which some commentators have criticised for carrying the strength of an international Test side in a provincial competition wound up wiping out the last Australian Super Rugby hope 39 points to 7. The Jaguares will now take on either the Canterbury Crusaders or Wellington Hurricanes in the final, with those two sides to meet late on Saturday. It is a shattering loss for a Brumbies side that was carrying plenty of momentum going into the match, and an endpoint to a rare piece of good news for a code battling for clean air over the ongoing Israel Folau-sacking saga. The side had won seven consecutive games heading into this morning's final, their longest single-season winning streak. And they were carrying the hopes of a swag of senior figures looking to farewell the club on the best possible note. Brumbies captain Christian Lealiifano is now bound for Japan, lock Rory Arnold will head to France and winger Henry Speight is joining the Queensland Reds. Star flanker David Pocock played his last match for the club months ago, forced into an early farewell due to a calf injury and hopes to return for the Wallabies in the Rugby Championship next month. Lealiifano said it was a tough outcome to swallow. "I'm really disappointed in that one," he told broadcaster ESPN. "They were very good tonight, they put us under a lot of pressure. "We just couldn't get back on top, the game was to-ing and fro-ing, we got in it late in that first half, but the Jaguares were very good tonight." Early errors take a heavy toll The warning signs were clear from the opening minutes, when an uncharacteristic backline mix-up saw Jaguares halfback Tomas Cubelli a former Brumby pounce on a loose ball and score in the fourth minute. The scoring kept up at a point-a-minute throughout the first quarter, as the Jaguares dominated possession and field position. Most critically, they rattled the Brumbies' line-out one of the side's key attacking weapons. In the first 24 minutes of the match, the Brumbies lost more of their own line-outs than they won. But despite the poor start, the Australian side marched into the sheds at half-time feeling confident - with a Folau Faingaa try on the siren leaving them within two converted tries, at 20 points to 7. The momentum did not hold up long however, as the Jaguares' backline turned another Brumbies error into points in the 49th minute picking up a dropped ball to race 60 metres and score. The Jaguares had done their homework, shutting down the Brumbies set-pieces and forcing errors with aggressive defence, fully earning a place in the Super Rugby final next weekend. Brumbies coach Dan McKellar conceded his side was soundly defeated. "We were constantly turning over possession, failed to build any pressure and have any field position," he said. "But you have to take your hats off to the opposition, they were outstanding tonight and deserved the win." Topics:sport,rugby-union,super-rugby,canberra-2600,argentina First posted June 29, 2019 14:53:58 http://www.abc.net.au/news/2019-06-29/brumbies-bow-out-of-super-rugby-finals/11264450 7/2/2019 0 Comments Husband who helped terminally ill wife 'have a quick and painless' death clearedUpdated July 02, 2019 16:47:42
A Canberra man who helped his partner die says he is "relieved" and "grateful" that assisted suicide charges against him were dropped, after prosecutors decided it was not in the public interest to prosecute him for an act of "love and compassion". Key points:Neil O'Riordan says his partner of 35 years, Penelope Blume, was his wifeProsecutors say the consequences of pursuing the assisted suicide charges would be "unduly harsh"DPP says there is enough evidence to potentially convict him, but it is not in the public interest Neil O'Riordan's partner of 35 years, Penelope Blume, was suffering from the advanced stages of motor neurone disease when she died in his arms at their home on March 15. The couple had shared a last meal and sat together hugging and talking until the early hours of the morning. In the process of taking her own life, Ms Blume used an item modified by Mr O'Riordan, 63, that ensured she was unconscious before she died. He was subsequently charged with one count of aiding suicide. Photo: Mr O'Riordan and Ms Blume had been together for 35 years. (Facebook: Penelope Blume) Mr O'Riordan said he was not surprised when he was charged, but that from the day police entered his house, on the day of Ms Blume's death, the police had "displayed nothing but compassion". "Although I'm a nurse by trade, I've worked around the legal system a lot and I knew that action would need to be taken," he said. "I was aware the actions that Penelope and I were engaged in might have not given other people many options." He said it was still a risk worth taking in his and Ms Blume's circumstances. 'I will live with the decision I made' Though they were not legally married, Mr O'Riordan described Ms Blume as his wife, a Buddhist, and said she had a calming influence on his life. Both nurses by trade, the pair bonded over their love of food and travel. "We were determined that we wanted to live some of our life the way we wanted to live it and that involved for us spending a large amount of time travelling and living overseas," he said. "She wanted to see, in her mind, the things that mattered: Borobudur, Angkor Wat, the Egyptian pyramids. "We got to do a lot of things and I'm grateful that we had time together and an opportunity to live our lives to the fullest." Photo: Mr O'Riordan modified an item that ensured Ms Blume was unconscious before she died. (Facebook: Penelope Blume) He said they had both discussed, throughout their relationship, having the right to choose at the end of their lives. "Neither of us wanted to be living in nursing homes, neither of us wanted to be dependant on others for everyday activities," he said. "I suspect for Penelope, who'd always enjoyed pretty good health, having a body that didn't work anymore was catastrophic. "And a lot of her thinking, and through her Buddhist practice, was about getting herself ready [for death]." Through tears, Mr O'Riordan described how he felt about the circumstances of his partner's death, which he said was the "bravest thing [he'd] ever seen". "I will live with the decision that I made," he said. "I told her I would never be ready and that when she was in the right place she needed to tell me." He said they both considered going to Switzerland or interstate to Victoria, where laws around assisted dying differed. "But my wife wanted to die at home and at a time of her choosing," he said. Photo: Ms O'Riordan said his Ms Blume's death was the "bravest thing" he'd ever seen. (Facebook: Penelope Blume) Mr O'Riordan said assisted dying laws were "inevitable" and "strongly" urged legislators to listen to the community. "I think that voluntary assisted dying is a topic that's here to stay," he said. "But I'm not a legislator and I think it's up to our communities to express an opinion and our parliaments to make a decision." When asked how he would like his wife to be remembered he joked; "perhaps taller than she was". "As I said before, I will be eternally grateful that our paths crossed and I'm a better person as a result despite recent events," he said. Consequences would be 'unduly harsh and oppressive' In giving his reasons for the decision, ACT Director of Public Prosecutions Shane Drumgold said he did not intend the move to be a green light for assisted suicide in Canberra. Mr O'Riordan had discouraged his wife from ending her life, successfully convinced her to delay on at least one occasion, and was honest and cooperative with police. If you or someone you know needs help, call: Mr Drumgold found Mr O'Riordan had been motivated by "love and compassion" when he helped the terminally-ill Ms Blume have a "quick and painless" death. Mr Drumgold said, if not for Mr O'Riordan's help, Ms Blume may have suffered a prolonged and distressing death. "Although the evidence establishes that the defendant rendered aid to the deceased, the assistance offered was minimal, motivated wholly by love and compassion, and designed to ensure that the deceased's death was quick and painless," he said. "Had the defendant not made minor modifications to an item used in the suicide, death would have still resulted, however, it may have been prolonged, resulting in a highly distressing process for the deceased." Decision 'doesn't clear way' for legalising assisted suicide Today Mr Drumgold informed the ACT Magistrates Court he had decided not to proceed with the case, tendering a statement of reasons to the court, which set out the decision not to prosecute. "The purpose of publishing these reasons is to affirm transparency and accountability in the decision-making process," Mr Drumgold told the court. In his reasons, Mr Drumgold explained that the decision to prosecute a case was a two-stage process. The first question, was whether the evidence offered a reasonable chance of securing a conviction. Mr Drumgold concluded there were reasonable prospects of a conviction as Mr O'Riordan had knowledge of the impending suicide and had intentionally modified an item used to bring about his wife's death. The second question was one of public interest. Mr Drumgold found it would not be in the public interest to prosecute Mr O'Riordan as the consequences would be "unduly harsh and oppressive in the circumstances". "Although the defendant was present for the deceased's death, he stated that this was because he loved the deceased and did not want her to endure the trauma of death alone," he said. "This in turn caused the defendant significant trauma that he displayed during a subsequent lengthy police interview and beyond." But Mr Drumgold said it was not his intention to set a precedent for how assisted suicides were dealt with in the ACT, noting it was not a government policy position. "It must be made clear that the exercise of my discretion in this matter is in no way intended to provide guidance on how to aid a suicide and avoid prosecution," he said. "The decision is based on the very unique facts of this case and the application of the ACT Prosecution Policy." Topics:euthanasia,community-and-society,courts-and-trials,law-crime-and-justice,canberra-2600,act,australia First posted July 02, 2019 10:27:09 http://www.abc.net.au/news/2019-07-02/assisted-suicide-charges-dropped-in-canberra-court/11270040 |
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