Australian criminals and their Crimes. Con artists, scum bags, murderers, corrupt cops, pollies, rapists and paedophiles will find themselves in this blog. It was expanded to also cover those that ought to be charged for their idiotic disgusting behaviour. Usually high-profile people who think they are above the law
Go figure this one. A pathetic sentence that gives no adverse heat on the size of the crime. Let’s all steal from people that trust us, that legal system does nothing anyway. Check this one out and tell me your thoughts folks!… Cheers Robbo
Property manager Mark Kolodynski stole rental bonds for his TAB account
A Sydney real estate agent who embezzled hundreds of thousands of dollars from renters’ bonds and trust accounts to make bets on sports has been jailed for 18 months.
The door closed on Tuesday for 29-year-old Panania property manager Mark Kolodynski to appeal against an 18-month jail sentence for stealing $370,000 from trust accounts of two real estate agents.
Details released by the state government show the former property manager systemically and unlawfully withdrew money for his own purposes from trust accounts held by real estate agents Northern Strata Management Services and Bevans Wollongong for customers.
A NSW Fair Trading investigation followed a trail of money that ultimately led to Kolodynski’s personal gambling account at the TAB.
“If you choose to do the wrong thing, Fair Trading will come after you, and you will be prosecuted,” said the NSW Better Regulation Minister Matt Kean. “This result reflects the hard work of Fair Trading’s investigators.”
Kolodynski created fictitious expenses to justify his withdrawal of money from strata accounts. He also funnelled money held in rental bonds and deposits while working as a property manager.
Kolodynski was ordered to repay $100,000 each to the agencies from which he embezzled funds.
The real estate companies were forced to repay the trust accounts at their own expense.
Kolodynski pleaded guilty to stealing property as a clerk or servant and Magistrate Tim Keady sentenced him to a minimum non-parole period of 12 months on March 30.
His real estate qualifications had expired but he will be banned from holding any real estate credentials for 10 years. Friggin life might be better, how would a new young couple have any idea they are trusting their life savings into this thief’s hands??? Seriously…Robbo
Former Property Manager Mark Kolodynski has been jailed for 18-months for stealing $370,000 from trust accounts of two real estate agents. An investigation by NSW Department of Fair Trading found the trail of money led to his personal TAB account. “If you choose to do the wrong thing, Fair Trading will come after you, and you will be prosecuted,” said the NSW Better Regulation Minister Matt Kean. “This results reflects the hard work of Fair Trading’s investigators.”
Man secretly filmed more than 200 people in Sydney public toilets, court told
A man secretly filmed more than 200 people, including a girl and boy, in Sydney public toilets for his own “sexual gratification,” a court has been told.
Benjamin Moorhouse allegedly placed secret cameras under the sink of toilets at Parramatta and North Sydney train stations, and at a disabled toilet at Westfield Parramatta shopping centre, in February and March.
Man secretly filmed in public toilets
Benjamin Moorhouse allegedly placed secret cameras under the sink of Sydney toilets and filmed more than 200 people.
The 40-year-old, who was arrested on March 22, appeared at Parramatta Local Court on Wednesday, where his lawyer indicated he would plead guilty to all charges.
Moorhouse is charged with five counts of filming a person in a private act for the purpose of “sexual arousal or sexual gratification”.
Two of those charges are aggravated because the alleged victims, a boy and a girl, were under 16.
Moorhouse is also charged with three counts of installing a device to film people without consent.
It is further alleged Moorhouse “engaged in a private act” without the consent of the victims.
The 40-year-old, who was dressed in a suit when he appeared before a magistrate on Wednesday, later ran from the court complex wearing a hooded jumper, jeans and sunglasses.
One of the devices police allege was used for the filming Photo: NSW Police
Police say they found Moorhouse with a camera similar to those uncovered at the stations when they arrested him outside his Parramatta home a month ago.
Almost 100 people were filmed at a Parramatta train station toilet between February 13 and 14, while another 23 were filmed on the morning of February 10 in a toilet at North Sydney station, according to court documents.
The cameras were found by train staff.
About 100 people were also allegedly filmed in a Westfield Parramatta disabled toilet between March 17 and 20.
Moorhouse’s bail was continued until his next court appearance on May 31.
The man accused of killing six people and injuring dozens of pedestrians during a driving rampage through Melbourne’s CBD has told a court he is “the saviour”.
For the first time since he allegedly drove his car through the Bourke Street mall in January, Dimitrious Gargasoulas appeared in the Melbourne Magistrates’ Court via video-link on unrelated charges.
The 26-year-old’s lawyer had previously told the court that he had been too ill to attend.
Dressed in a black jumper and white t-shirt, Gargasoulas smiled during the brief hearing and interjected on several occasions.
He said, “Your Honour, I wanted to tell you something”, and later spoke about the Bible and the Koran, yelling, “Aboriginal law is identical to Muslim law”.
His lawyer spoke over the top of him, warning him that members of the media were in court.
Gargasoulas then said: “All the law is illegal.”
Later, he said: “Your Honour, did you know the Muslim faith is the correct faith according to the whole world? And I am not guilty.”
Before his video-link was switched off, he called out: “I am the saviour.”
Gargasoulas faces charges for theft and other offences allegedly committed in early January and late last year, including driving on the wrong side of the road to evade police in St Kilda.
The matter has been adjourned until May.
Gargasoulas is also due to reappear in court in December, for a separate hearing in relation to six charges of murder, 28 of attempted murder and conduct endangering life following the Bourke Street tragedy in January.
2017 Melbourne car attack
Police arrest the alleged perpetrator at 555 Bourke St
On 20 January 2017, around 1:30 pm AEDT, a car was driven into pedestrians in the CBD of Melbourne, Australia. Six people were killed and at least thirty others wounded, three of whom sustained critical injuries.[2][3] Police have alleged that the victims were intentionally hit, and have charged the driver of the vehicle, Dimitrious Gargasoulas, with six counts of murder.[4]
Background
The red Holden Commodore car used in the attack was stolen from a man who lives in the same block of flats as Gargasoulas. Upon being interviewed, the car owner alleged that on the night of 18 January 2017, Gargasoulas entered his flat with a bible, sat down, started burning it and threw it into his face. After this, he said that he flicked it on the floor and was then punched by Gargasoulas.[5]
It is alleged that Gargasoulas stabbed his brother in a flat in Windsor in the early hours of 20 January 2017, leaving the brother in critical condition.[5] He then took his pregnant girlfriend hostage; she was later released on the Bolte Bridge.[6]
Attack
There are videos of the man driving and behaving erratically at the intersection of Flinders Street, St Kilda Road and Swanston Street, outside the entrance of Flinders Street railway station. Two men, year 12 student Tevita Mahina and his cousin Isaac Tupou attempted to stop him, hitting the windscreen with a baseball bat. The driver continued north-bound up Swanston St western-side footpath at speed towards the Bourke Street Mall, turned left onto Bourke Street southern-side footpath and struck more than 20 pedestrians. The car was brought to a halt and the driver was shot in the arm by a police critical incident response team and arrested in front of 555 Bourke Street.[7] A child and two adults died at the scene,[8] while another man died in hospital before the end of the day, and a three-month-old baby boy the evening after the attack.[9] A sixth person died on 30 January.[10]
Victims
Floral tributes to victims of the attack at a memorial at the Western end of the Bourke Street Mall.
Among the victims was a 10-year-old girl, who died on 20 January,[11] as well as a three-month-old baby boy who died on 21 January. The others were a 25-year-old man, a 22-year-old woman, a 33-year-old man, and a 33-year-old woman.[12][13][10]
A memorial for the victims was held in Federation Square on 23 January,[14] and floral tributes were left by members of the public at nine locations along the Bourke Street Mall.[15] On 30 January it was announced that a permanent memorial garden would be established, and that donations approaching AU$1,000,000 had been made to the Bourke Street Fund for the families of the victims.[16] On 31 January, the inorganic tributes were removed from the mall for storage by the Melbourne City Council, and the floral tributes taken for composting for the Victims of Crime memorial near State Parliament.[17]
In the days before the attack, Gargasoulas began to post messages on Facebook about “religion, God, Satan, heaven and hell”, which writers for The Age described as “rambling and often nonsensical”.[5] According to the Daily Express and Greece based TornosNews.gr, the perpetrator is a Greek–Tongan Australian.
Gargasoulas’ father told Seven News “he’s not the Jimmy I used to know” and he would “scratch his son off his books”, while his mother told News.com.au she is ashamed to be his mum, and she wanted her son to “die in hell”.[21]
Police reported that the perpetrator was “not on our books as having any connection with terrorism … He has been coming to our attention more recently, over recent days, in relation to assaults, family violence related assaults”.[19] The perpetrator had allegedly stabbed his younger brother for being gay.[22]
According to an eyewitness, Gargasoulas repeatedly shouted “Allahu Akbar”, often linked to Islamic terrorism. Police later asked Melbourne Herald Sun reporter Andrea Hanblin to remove her video interview of the eyewitness who made these claims.[23][24]
Timeline of events
14 January 2017
Police charge Gargasoulas at Prahran police station with speeding on the wrong side of the road and ignoring a police direction to stop. Police oppose bail, but Gargasoulas is granted bail for a 20 January court date.[25]
18 January 2017
Gargasoulas attacks Gavin Wilson, his mother’s ex-partner, by thrusting a burning Bible in his face and stealing his car.[26]
19 January 2017
9:26 pm: Gargasoulas ‘checks in’ at Dogs Bar, St Kilda, on Facebook, posting: “Thinking. About what to do with them lol.”[27]
10:00 pm: Gargasoulas is refused entry to Dogs Bar as he is suspected to be under the influence.
20 January 2017
12:30 am: Gargasoulas returns to Dogs Bar, in a maroon-coloured car believed to be the same car he stole from Wilson, later to be used in the attack. Patrons report that he smashes glasses and plates.[27]
2:15 am: Police are called to an address in Raleigh Street, Windsor, after reports are lodged of two men fighting. Both victim and Gargasoulas are gone by the time police arrive.
8.04 am: Gargasoulas is spotted driving in the background of a Today “live cross” which is reporting on the Windsor stabbing. The man rolls down the car window and waves his hat at the news camera.[28]
11:30 am: Police follow the car along tram tracks in Clarendon Street in South Melbourne and unsuccessfully attempt to arrest Gargasoulas at a South Wharf intersection.
11:45 am: Police spot the car weaving through traffic on Williamstown Road in Yarraville, west of Melbourne. Police pull back due to safety concerns as the car is being driven “erratically and dangerously.” The police air wing tracks the car as it moves toward the city.[29]
1:35 pm: The car then allegedly struck a number of pedestrians in the vicinity of Bourke Street Mall, before proceeding further along Bourke Street, past intersection with Queen Street.
1:37 pm: Reports of multiple shots fired, Gargasoulas is pulled from the car on William Street.
2:30 pm: Ambulance Victoria state that they are treating 20 people in Bourke Street, many of them sustaining serious injuries.
2:30 pm: Victoria Police release a statement confirming that the situation has been “contained”, one person has been arrested and another dead.
3:20 pm: Police confirm at a press conference that three people have died and the incident was not terrorism-related.
9:00 pm: Police confirm that a fourth person had died in hospital.
21 January 2017
10:53 pm: Police confirm that a fifth person (a three-month-old child) had died in hospital. [31]
23 January 2017
Gargasoulas is excused from court by the magistrate, claiming that he is feeling unwell. He is charged with five counts of murder.[32]
30 January 2017
Police confirm a 33 year old woman has died in hospital due to her injuries. This raises the death toll to 6.
Responses
The Royal Children’s Hospital treated many children injured in the attack
Police urged the public to share their testimonies and collaborated with over 300 witnesses.[33] Graham Ashton, Victoria Police Chief Commissioner, was quick to dismiss claims the attack was an act of terror, but supposed it instead a consequence of an alleged stabbing which had developed into a crime spree. Victoria Police maintain religion was not a significant motivation.[34] In an interview the day after the attack, Andrew Crisp, Deputy Police Commissioner, stated that police were hoping to interview and charge the suspect later in the day. He said that the fact that the suspect had been out on bail would be looked into by police. He congratulated everyone who dealt with the situation, stating “We saw the best of people yesterday. The support they gave to people on the street, it was amazing.”[35]
Victorian PremierDaniel Andrews stated that “this was a terrible crime – a senseless, evil act” and promised that “justice will be done”.[37] Then the Victorian Government established a fund to provide financial assistance for the families of the deceased, and made an initial donation of $100,000.[38]
Istanbul, Turkey nightclub attack: more than a dozen foreigners among the dead, say officials
Istanbul: Police in Istanbul launched a manhunt on Sunday for a gunman who killed at least 39 people, many of them foreigners, at a nightclub packed with New Year’s revellers, in an attack officials described as a terrorist act.
The gunman shot his way into the Reina nightclub at around 1.15am local time, just over an hour into the new year, killing a police officer and a civilian as he entered before opening fire at random inside
Dozens killed in Turkey nightclub attack
RAW: Scenes outside a nightclub in Istanbul, Turkey, where at least 35 people have been killed and dozens more wounded after an attacker opened fire on revelers.
Some witnesses spoke of multiple attackers, but officials have not confirmed this.
Turkish Interior Minister Suleyman Soylu said 15 or 16 of those killed were foreigners but that only 21 of the bodies had so far been identified. He said 69 people were in hospital, four of them in a critical condition.
“A manhunt for the terrorist is underway. Police have launched operations. We hope the attacker will be captured soon,” he told reporters.
Turkey has imposed a media blackout after the attack, although the restriction doesn’t extend to officials, BBC reported.
Australian embassy officials are working with Turkish authorities to determine if any Australians are victims of the nightclub attack.
The attack again shook Turkey as it tries to recover from a failed July coup and a series of deadly bombings in cities including Istanbul and the capital Ankara, some blamed on Islamic State and others claimed by Kurdish militants
The nightclub, one of Istanbul’s most iconic that is popular with locals and foreigners alike, overlooks the Bosphorus Strait separating Europe and Asia in the city’s cosmopolitan Ortakoy district.
Around 500 to 600 people were thought to have been inside when the gunman opened fire, broadcaster CNN Turk said. Some jumped into the waters of the Bosphorus to save themselves and were rescued by police
Istanbul Governor Vasip Sahin said the attacker had used a “long-range weapon” to “brutally and savagely” fire on people, apparently referring to some sort of assault rifle.
“One person first kills the police officer outside, and then a civilian,” the governor said. “Inside he rained bullets brutally, mercilessly over innocent people who were there just to celebrate the new year and have fun.”
People talk to medics in an ambulance near the scene of an attack in Istanbul. Photo: APThe Hurriyet newspaper cited witnesses as saying there were multiple attackers and that they shouted in Arabic.
Eyewitness Sinem Uyanik told the Associated Press she saw several bodies inside the Istanbul nightclub.
Her husband Lutfu Uyanik was wounded in the attack.
“Before I could understand what was happening, my husband fell on top me,” she said outside Istanbul’s Sisli Hospital. “I had to lift several bodies from on top of me before I could get out.”
Her husband was not in serious condition despite his wounds.
There was no immediate claim of responsibility for the shooting. The mass killing at the nightclub was at least the fourth major attack in Turkey in less than a month, raising questions about the ability of the government, a NATO member and critical regional ally of the United States, to counter an array of threats stemming from the war across Turkey’s border in Syria, as well as an escalating conflict with Kurdish militants inside Turkey.
An image, reportedly of one of the gunmen involved in the attack at the Istanbul nightclub.Turkish President Recep Tayyip Erdogan said his country would fight to the end against all forms of attack by terror groups and their backers.
“As a nation, we will fight to the end against not just the armed attacks of terror groups and the forces behind them, but also against their economic, political and social attacks,” Erdogan said in a written statement.
“They are trying to create chaos, demoralise our people, and destabilise our country with abominable attacks which target civilians … We will retain our cool-headedness as a nation, standing more closely together, and we will never give ground to such dirty games,” he said.
On the European side of the country’s capital, about 12km from Istanbul, the suburb of Ortakoy is an international travel destination known for its food stalls and vibrant night life. The area is a mix of stone, brick and wooden buildings along pedestrian lanes.
Mehmet Kocarslan, the club’s owner, told the Hurriyet.com.tr news site that there had been increased security at the club for the past 10 days after US intelligence officials shared information about the planned attack. He said the attackers used Kalashnikov rifles.
Television footage showed dozens of ambulances rushing to the scene, and people fleeing, some walking with difficulty arm in arm.
Footage from the scene showed at least six ambulances with flashing lights and civilians being escorted out. NTV said police had cordoned off the area and an operation to capture the assailant was ongoing.
An AP photographer says police cordoned off the area about three kilometres away from the nightclub and reported multiple ambulances passing by.
President Barack Obama expressed condolences on Saturday over the attack and directed his team to offer US help to Turkish authorities, the White House said.
“This afternoon the President was briefed by his national security team on the attack in Istanbul,” White House spokesman Eric Schultz said in a statement.
“The President expressed condolences for the innocent lives lost, directed his team to offer appropriate assistance to the Turkish authorities, as necessary, and keep him updated as warranted.”
Britain’s Foreign Secretary, Boris Johnson, responded on Twitter, saying his thoughts were with Turkey after this “cowardly act of terrorism”.
“We stand shoulder to shoulder with our Turkish friends,” he added.
Security measures had been heightened in major Turkish cities, with police barring traffic leading up to key squares in Istanbul and the capital Ankara. In Istanbul, 17,000 police officers were put on duty, some camouflaged as Santa Claus and others as street vendors, state news agency Anadolu reported.
Ankara and Istanbul have been targeted by several attacks in 2016 carried out by the Islamic State group or Kurdish rebels, killing more than 180 people.
Turkey is still recovering from a failed coup attempt that began July 15 in which at least 265 people were killed.
Although the coup effort sputtered in a matter of hours, Mr Erdogan responded with a sweeping, months-long crackdown targeting alleged dissidents across Turkish society.
In addition to arresting thousands of military personnel suspected of involvement in the coup, hundreds of thousands of civil servants, educational staff and journalists were purged.
The coup and the assassination of the Russian Ambassador Andrey G. Karlov in Ankara on December 19 raised concerns that the country’s security establishment had grown ineffective.
The turmoil also raised doubts about how well Turkey would be able to participate in international counter-terrorism efforts, especially with regard to the Islamic State.
39 dead in New Year ‘terror attack’ on Istanbul nightclub
Sun 1 Jan 2017, 9:15pm
A gunman shot his way into an Istanbul nightclub packed with New Year’s revellers early on Sunday, killing at least 39 people and wounding almost 70 others in what the provincial Governor described as a terrorist attack.
Key points:
Istanbul city governor condemned the “terrorist attack” on the popular Reina nightclub
Around 500-600 people were thought to be in the club when the attack happened
The attacker was believed to have entered the premises dressed as Santa Claus, local media reported
The assailant shot a police officer and a civilian as he entered the Reina nightclub before opening fire at random inside.
“A terrorist with a long-range weapon… brutally and savagely carried out this incident by firing bullets on innocent people who were there solely to celebrate the New Year and have fun,” Governor Vasip Sahin told reporters at the scene.
Turkish Interior Minister Suleyman Soylu said the attacker was still at large and 69 people were being treated in hospitals following the shooting.
Mr Soylu said of the victims identified so far, 16 were foreign nationals. He did not provide any information on their countries.
In a statement, President Tayyip Erdogan said that Turkey would fight to the end against all forms of attack by terror groups and their backers.
“As a nation, we will fight to the end against not just the armed attacks of terror groups and the forces behind them, but also against their economic, political and social attacks,” he said.
“They are trying to create chaos, demoralise our people, and destabilise our country with abominable attacks which target civilians … we will retain our cool-headedness as a nation, standing more closely together, and we will never give ground to such dirty games,” he said.
‘I had to lift several bodies from on top of me’
Around 500-600 people were thought to have been in the club when the attack happened at around 1:15am local time, broadcaster CNN Turk said.
The club lies on the shore of the Bosphorus Strait in the Ortakoy district, and some jumped into the water to save themselves and were being rescued by police.
Police with riot gear and machine guns backed up by armoured vehicles blocked the area close to the Reina nightclub.
Witness Sinem Uyanik, whose husband Lutfu Uyanik was wounded in the attack, told AP she saw several bodies inside the nightclub.
“Before I could understand what was happening, my husband fell on top me,” she said outside Istanbul’s Sisli Hospital.
“I had to lift several bodies from on top of me before I could get out.”
The attacker was believed to have entered the nightclub dressed as Santa Claus, private NTV television reported earlier.
Broadcaster CNN Turk initially said the attacker was thought still to be inside the building and that police special forces were preparing to raid it. NTV said the attacker’s whereabouts were unclear.
Dozens of ambulances and police vehicles were dispatched to the club in Ortakoy, a cosmopolitan neighbourhood nestled under one of three bridges crossing the Bosphorus, and home to clubs, restaurants and art galleries.
DFAT determining if any Australians involved
The Department of Foreign Affairs said the Australian embassy in Ankara was liaising with local authorities to determine if any Australians were caught up in the attack.
Reina is one of Istanbul’s best-known nightclubs, popular with locals and tourists alike.
Security measures had been heightened in major Turkish cities, with police barring traffic leading up to key squares in Istanbul and the capital Ankara. In Istanbul, 17,000 police officers were put on duty, some camouflaged as Santa Claus and others as street vendors, Anadolu reported.
Ankara and Istanbul have been targeted by several attacks in 2016 carried out by the Islamic State (IS) group or Kurdish rebels, killing more than 180 people.
Turkey, part of the US-led coalition against IS, faces multiple security threats including spill-over from the war in neighbouring Syria.
It has seen repeated attacks and bombings blamed on IS as well as Kurdish militants in recent months.
US President Barack Obama “expressed condolences for the innocent lives lost”, and said assistance would be offered to Turkish authorities.
Turkish Justice Minister Bekir Bozdag vowed that his country would press ahead with its fight against violent groups.
“Turkey will continue its determined and effective combat to root out terror,” Mr Bozdag said on Twitter.
Despicable, we have seen this overseas and thanked GOD it could never happen here. I think by the immediate actions of the Federal Government in calling and Royal Commission says a lot. Disgusting, if this is how my child might be treated if he committed crimes in NT, bloody hell, help us all! NO human deserves to be treated as a DOG or worse. NO matter what…(Robbo)
I am compiling all the videos so they can be seen together, folks. Appalling, never in my dreams did I think we treat anybody like this. ALL these kids are underage.No matter what they did or why they are there we as a society are not violent. I personally am not surprised the individuals shown reacted they way they did. It is a matter of survival! At least a dozen clips on the way stay tuned (Robbo)
NT Government counter-sues boys who were tear-gassed at Don Dale
The Northern Territory Government is counter-suing two boys who were tear-gassed by prison guards at the Don Dale Youth Detention Centre.
The boys, whose names have been suppressed by the Northern Territory Supreme Court, lodged papers in June this year seeking damages for alleged mistreatment at the hands of staff at the facility.
But the NT Government’s response, filed on July 4, is seeking damages for an escape attempt in which the two boys stole a car, before using it to ram a roller-door and re-enter the prison.
The Government claims the two boys escaped from Don Dale on May 31, 2015, causing $89,000 in damage.
It also claims the boys caused $74,025.60 damage when they rammed a roller door at the prison using a stolen car on June 1, 2015.
The NT Government is seeking damages with interest and legal costs.
The writs filed by the boys seek general, aggravated and exemplary damages to “deter and punish” the NT Government.
One of the prisoners suing is Dylan Voller, who was the prisoner strapped to a restraint chair for hours with a spit hood placed over his head.
Another is Jake Roper, who was the boy who got out of his cell in the behavioural management unit of the old Don Dale centre, which instigated the tear-gassing of all prisoners in the area.
NT Chief Minister Adam Giles has sacked his Corrections Minister John Elferink in the wake of the damning ABC Four Corners report into the mistreatment of teenage prisoners, while alleging there has been a “culture of cover-up” within the Corrections system.
Key points:
John Elferink remains as Mental Health Minister, Attorney-General
Adam Giles alleges cover-up of video evidence
Staff seen in Four Corners report still in Corrections system
At a press conference today, NT Chief Minister Adam Giles announced he had taken over the portfolios of Corrections and Justice from Mr Elferink.
“Can I start by saying that anybody who saw that footage on television last night on Four Corners would undoubtedly describe it as horrific footage. I sat and watched the footage and recognised horror through my eyes,” Mr Giles said.
He said the footage aired in the Four Corners report had been withheld from him, Mr Elferink and “many officials in government” — with him only seeing it for the first time “on television last night”.
“I think over time there has most certainly been a culture of cover-up within the Corrections system,” he said.
“I think there’s been a culture of cover-up going on for many a long year. The footage we saw last night [went] back to 2010 — and I predict this has gone on for a very long time.”
He said his government had been “working very hard to try and fix many of those issues”.
“What we’re changing is a culture of an organisation within the youth detention system and I think we’ve come a long way in that time. That’s not to discredit any of that terrible footage we saw on Four Corners last night. It was terrible footage but we’re seeking to improve the system,” Mr Giles said.
When asked if he personally was comfortable with children being strapped into restraint chairs, Mr Giles refused to answer definitively.
“We’re going to have a look at that as part of the royal commission. We will have a review into that. I can’t talk about individual cases,” he said.
“There are kids who are trying to deliberately cause cranial issues by bashing their head against the wall.
“Prison officers need the ability to be able to de-escalate issues when children are not in … a calm environment within themselves and at all times those kids’ wellbeing is being put at the best possible place.
“Having said that, there is certainly footage last night, particularly the footage dating back to 2010, 2012 and 2014 where I don’t think the standards have been upheld.”
Mr Giles said the Northern Territory community was “sick of youth crime … they have had a gutful”.
“They’ve had a gutful of cars getting smashed up, houses getting broken into, people being assaulted. There’s no doubt. And the majority of the community is saying let’s lock these kids up,” he said.
Some staff from footage still with corrections
The Acting Commissioner of Corrections Mark Payne, who took over in 2015, admitted some staff seen in the Four Corners report were still working with NT Corrections.
“A number of the staff, particularly those who have become the subject of previous investigations, a number of those staff members are no longer with us in the organisation. They’ve either been terminated in their employment or have chosen to resign,” Mr Payne said.
“A number of staff members who may have been implicated to sustain charges, criminal or internal, remain with us.
“There were only two staff members identified in footage last night that still remain within the youth justice sphere.”
Asked if he held any concerns for the welfare of youth detainees, Mr Payne said he did not.
“I have no concern and, in fact, I should remind the public that we have the Children’s Commissioner and their staff come in to our facilities once a week,” he said.
“We have representatives and our elders visiting program coming into the facility.
“We invite people in tours of the facility so as I stated previously, when I came into the organisation I found certainly a different place and its certainly a different place today in 2016 to what was identified in the footage last night.”
Elferink office target of attack
Asked where the Mr Elferink was, Mr Giles answered: “I don’t know.”
“I imagine he’s are probably in his office. I’ve advised John that I am assuming the Corrections responsibility immediately and that occurred five minutes before I walked into this office,” he said.
Mr Giles said Mr Elferink would retain his other portfolios, including Health, Children and Families and Mental Health.
This morning, Mr Elferink’s Darwin electoral office was the target of a vandal graffiti attack with police attending the scene.
Mr Elferink is yet to speak publicly since the Four Corners report, in which he is featured offering ABC journalist Caro Meldrum-Hanna a lift on his motorcycle to the Don Dale area where the so-called “riot” took place in 2014.
The ABC revealed the riot never happened and was concocted by prison authorities as an excuse for the use of tear-gassing of six boys.
Vision of the tear-gassing of six boys being held in isolation at the Don Dale Youth Detention Centre in Darwin in August 2014 has been obtained by Four Corners, exposing one of the darkest incidents in the history of juvenile justice in Australia.
The vision is part of an investigation featuring a chilling catalogue of footage revealing a pattern of abuse, deprivation and punishment of vulnerable children inside Northern Territory youth detention centres.
The tear-gassing incident was described as a “riot” at the time, with media reporting multiple boys had escaped their cells in the isolation wing of the prison, known as the Behavioural Management Unit (BMU), and threatened staff with weapons.
But CCTV vision and handy-cam recordings made by staff, obtained exclusively by Four Corners, show only one boy escaped his cell after it was left unlocked by a guard.
Former corrections commissioner Ken Middlebrook last year defended the officer’s actions in the wake of a damning report by the Northern Territory Children’s Commissioner.
“I am not in the business of overuse of force. There were two sprays from an aerosol in the area. Now it wasn’t overuse of gas,” Mr Middlebrook told the ABC at the time.
But CCTV vision from the incident shows 10 bursts of tear gas being sprayed into the enclosed area over the space of one-and-a-half-minutes.
All six boys were exposed to the tear gas, five while still locked in their cells.
Not all the children were misbehaving — two boys can be seen on CCTV calmly playing cards before being exposed to the fumes. Another can be seen repeatedly smashing the wall of his cell with a broken light fitting.
The 14-year-old boy who escaped his cell can be heard repeatedly asking how long he had been in isolation and requesting to talk to staff.
Instead of negotiating with the boy, prison staff can be heard laughing and mocking him, calling the boy “an idiot” and a “little f****r”.
Four Corners has managed to track down several of the boys who were tear gassed. They describe being highly distressed, afraid for their lives, and say that two years on they are now suffering from disturbing flashbacks and nightmares from the ordeal.
The CCTV vision also shows the children’s reactions as they are affected by the gas, running to the back of their cells, hiding behind sheets and mattresses, gasping for air, crying, and bending over toilets.
One boy is left in his cell and exposed to tear gas for eight minutes. He is seen lying face down on the floor with his hands behind his back, before being handcuffed by two prison officers wearing gas masks and dragged out of his cell.
‘Ticking time bomb’ of potentially unlawful solitary confinement
The use of tear gas at the Don Dale Youth Detention Centre in 2014 came after months of tension, repeated escapes and incidents at the centre, which was staffed with under-trained Youth Justice Officers, in what has been described as a “ticking time bomb” by former staff.
Three weeks before the tear-gassing incident, five boys had escaped from Don Dale.
When they were recaptured, they were placed in the isolation wing of the prison for between 15 and 17 days, in what were described by both children and staff as appalling and inhumane conditions.
They were kept locked in their cells for almost 24 hours a day with no running water, little natural light, and were denied access to school and educational material.
The boys being kept in isolation were accidentally discovered by a group of lawyers, including solicitor Jared Sharp, when they were taken on a tour of the facility in August 2014.
“We all sort of looked at each other in shock that there was kids in these cells, because there was signs of life in there but we didn’t know who was in there or what was happening, or how long they’d been there,” Mr Sharp told Four Corners.
“To what extreme is that, is to my view is torture. To my view that is treating kids in a way that is just entirely unacceptable,” he said.
Human Rights Lawyer Ruth Barson said the isolation of the children was a clear violation of the United Nations Convention against Torture.
“The UN’s expert on torture has said there are no circumstances that justify young people being held in solitary confinement, let alone prolonged solitary confinement,” Ms Barson told Four Corners.
“I think the NT and in particular Don Dale has a long way to go to ensure their practices are compliant with Australia’s obligation on the convention against torture and against the right of the child.”
Government says improvements made
In the days after the tear gassing, NT Corrections Minister John Elferink praised the actions of his staff and the prison security dog used on the night of the incident.
“I congratulate again, and place my support behind, the staff who made this decision. The staff worked hard, Fluffy the Alsatian worked hard and, as far as we are concerned, it was a problem that was solved quickly,” Mr Elferink told Parliament.
In the wake of the incident, the Don Dale centre was closed and the children were moved to the run-down, old Berrimah adult prison.
The NT Government commissioned an independent report into the incident by former Long Bay prison boss Michael Vita, which was released in January 2015.
Mr Elferink told Four Corners the Government had learned from the mistakes of the past.
“It was a system that needed improvement. It was a system that had fundamental problems, which is why I’ve worked so hard to improve it and it has been improved,” he said.
“That was a circumstance that clearly demonstrated to me that something had to be done, which is what the Vita Report was all about.
“Those circumstances have now been changed… we hope that they won’t be repeated.”
NT Children’s Commissioner Colleen Gwynne confirmed to Four Corners there are still ongoing issues with youth detention in the Northern Territory, with many of her 2015 report recommendations still not implemented.
“The response has not been as urgent as we would have liked. The issues raised in that report are extremely serious and I would like to see a more full response,” she said.
“[We need] some urgency and some dedicated resources thrown at this.”
Woman, child die falling from internal balcony from Docklands apartment
July 14, 2016 4:04pm
Police tape marks the scene where a woman and child died after a balcony fall in Melbourne’s CBD. Picture: Yuri Kouzmin
Wes Hosking, Anthony Dowsley
A WOMAN and a four-month-old baby have died after an apparent fall from an apartment balcony in Melbourne’s CBD.
The pair were found just after 10.30am in an apartment building at the corner of Bourke and Spencer Streets.
Family are at the scene with one yelling “oh no” when told of the news.
It is understood the woman, 31, plunged from a balcony high in the City Point building.
Police are with distraught family. The deaths are not being treated as suspicious.
The bodies of a woman and child were found just after 10.30am.
The exact circumstances of where the child was are unknown at this point.
It is believed the woman may have been residing above 20th floor.
Paramedics entered the building to attend to someone who may have become distressed about 1.30pm.
Later, a family could be seen talking with police and social workers in the foyer of the building just before 2pm.
A priest earlier entered the building to console family, and the coroner is on the scene.
A senior police officer has told media they will not be making any comment about the circumstances surrounding the tragedy, but police confirmed the ages of the pair in a statement.
“A 31-year-old woman and a 4-month-old child were located deceased at an apartment building in Docklands this morning,” a statement read.
The Melbourne CBD location where a mother and child have died in a horror fall.Source:Herald Sun
The pair are believed to have fallen from an internal apartment balcony.
A resident, Alex Champ, said he was unaware of the incident. He said families, children and travellers stayed in the high rise.
“You get all people and young ones (living here), he said. “There is an internal area where there is a drop.
“It’s just crazy to think it’s just a few floors above me.”
A small section of the east bound Bourke street lane has been reopened by police near where it meets Spencer St.
Police are working to identify the mother and child.
Police have been speaking to staff at the Chocolate Frog Cafe, which is in an older building which fronts the tall apartment complex behind it.
Earlier Victoria Police spokesman Alistair Parsons said: “Police are currently at an apartment building on the corner of Bourke and Spencer Streets in Docklands where a woman and a child were located.”
“The yet to be identified woman and child died at the scene,’’ he said.
“At this early stage it is believed they may have fallen from an internal balcony.”
The exact circumstances surrounding the incident were yet to be determined.
Police have cordoned off the area and are speaking to witnesses.
Paramedics were called to the area but could not assist the pair.
If you or anyone you know is struggling, please contact Lifeline on 13 11 14
The pair died near the corner Spencer and Bourke Streets.
Woman and baby boy in 20th-floor death plunge: ‘Gut-wrenching scream’ as woman, 31, jumps from balcony of her luxury Melbourne apartment holding 4-month-old ‘believed to be her son’
Woman and baby plunged to their deaths from a balcony in Melbourne
The four-month-old boy is believed to have been her son
The father ‘collapsed in shock’ when he arrived at the Docklands building
Emergency services were unable to revive the woman, 31, and baby
The pair’s identities are yet to be determined as investigations continue
Published: 12:13 EST, 14 July 2016 | Updated: 18:02 EST, 14 July 2016
Witnesses heard a ‘gut-wrenching’ scream as a woman, 31, and a four-month-old baby boy died in an apparent murder-suicide when they plunged to their deaths from a balcony in central Melbourne.
The woman was carrying the baby, believed to be her son, when she took her own life at the City Point apartment building on the corner of Bourke and Spencer Streets in Docklands.
Police confirmed they were not looking for anyone else in relation to the deaths and a report would be prepared for the coroner
Witnesses heard ‘gut-wrenching’ screams after a woman, 31, and a four-month-old baby died when they plunged to their deaths from a balcony in central Melbourne. Police speak to a witness
Police confirmed they were not looking for anyone else in relation to the deaths and a report would be prepared for the coroner. The woman lived in the 20th floor apartment
They say the pair fell from a balcony inside the 35-storey building about 10.30am on Thursday and died at the scene.
Police have also said a damaged balcony was not the cause of the woman and baby’s fall.
Their bodies were discovered in a courtyard of the building, where apartments have sold for more than $400,000.
The 31-year-old woman lived on the 20th floor with the baby boy’s father who is said to be devastated, according to Herald Sun.
He collapsed in shock when he arrived at the scene and was taken to hospital, 7 News reported.
Police are looking to establish if she had leapt to her death from a sixth-floor balcony, according to the ABC.
She is believed to have been holding the baby at the time.
Witness Christine Harms told The Age she heard someone yell out, ‘Oh no, oh no’, after the incident.
‘A lady went into the alleyway and then there was some screaming,’ Ms Harms said.
‘It was gut-wrenching to hear.’
The woman was carrying the baby when she took her own at the City Point apartment building on the corner of Bourke and Spencer Streets in Docklands. Pictured are police at the scene
Police say the pair plummeted from a balcony inside the 35-storey building about 10.30am on Thursday and died at the scene
Relatives and friends visited the apartment block early on Thursday afternoon.
A man who knew the woman said they were left shocked by the incident, adding: ‘We don’t know what happened.’
A Victoria Police spokesperson said initial investigations led them to believe the pair fell from an ‘internal balcony’.
‘The exact circumstances surrounding the incident are yet to be determined,’ she said.
Police were unable to confirm the relationship between the woman and baby.
Paramedics were also called to the scene but they were unable to revive the pair, a Victoria Ambulance spokeswoman told Daily Mail Australia.
More than a dozen uniformed and plain-clothed police and eight police cars closed off the scene – at one of Melbourne’s busiest intersections – with some taking bagged items out of the building.
Investigators started to leave shortly after 3pm and the footpath at the front of the building was reopened as police tape was removed.
Traffic detours were in place until about 1.30pm.
For confidential help, call Lifeline at 13 11 14 orBeyond Blue on 1300 224 636.
Pictured is an apartment inside the City Point building on Bourke Street
She reportedly lived on the 20th floor but police are looking into if she leapt to her death from a sixth-floor balcony. Above is an image of another apartment at City Point
The foyer inside the City Point building, where apartments have sold for more than $400,000
The family of the woman, who lived on the 20th floor, are said to be devastated by the tragedy. Pictured is the City Point apartment building
This is what the bloody church does, try to hide away filthy disgusting sexual offenders for years. BUT the time is up for the pathetic excuse, up until now known as Father F…Real name former priest John Joseph Farrell
‘Clear evidence’ of Catholic Church cover-up over Father ‘F’: former DPP director
The former director of the NSW Department of Public Prosecutions (DPP) says there is “clear evidence” the Catholic Church covered up the crimes of a paedophile priest.
Pressure is mounting on the DPP to investigate the Catholic Church over its role in the cover-up of Farrell’s crimes, with the possibility of further criminal prosecution of senior Catholic Church leaders.
Since 1990, it has been against the law to conceal serious offences under 316 of the Crimes Act.
“I think this is very clear evidence of continuing cover-up,” former DPP director Nicholas Cowdery said.
“I don’t see how you can get away from that.”
Farrell has offered to give evidence against senior Catholic leaders who have repeatedly denied covering up his child sex crimes.
In documents obtained by 7.30, Farrell insists he admitted to Reverend Monsignor Usher and Father Brian Lucas he sexually abused five boys between 1982 and 1984.
They have denied witnessing Farrell’s admission to child sex crimes.
Farrell’s legal representative wrote to the Special Commission into Child Sex Abuse allegations in the Catholic Diocese of Maitland-Newcastle in October 2013, saying Farrell offered to give evidence “contrary to the accounts given by Fathers Usher and Lucas”.
“Importantly, such evidence supports the proposition of a ‘cover-up’ and may provide evidence of offences such as misprision of a felony and the failing to disclose information concerning a serious offence,” the letter reads.
The confession
On September 3, 1992, Farrell was called to a meeting with senior Catholic church leaders in the in the presbytery of St Mary’s Cathedral in Sydney.
Present were Father Wayne Peters (now deceased), Reverend Monsignor Usher and Father Lucas, now the national director of The Catholic Mission.
They have said Farrell admitted to “nothing specific” and that Farrell spoke about his “sexual fantasies”, according to the Whitlam Report into the affair, commissioned by the Parramatta and Armidale Diocese in 2012.
“Farrell said nothing on that occasion where he mentioned any names or any matters of child sexual abuse,” Reverend Monsignor Usher told 7.30.
A secret internal letter about the meeting sent in 1992, signed by Reverend Peters and addressed to the Bishop of Armidale, includes details of graphic sexual abuse inflicted upon five boys.
“Some of the boys involved may bring criminal charges against the Rev Farrell with subsequent grave harm to the priesthood and the church.”
Reverend Monsignor Usher disputes the letter’s version of events.
“He [Farrell] talked a lot about homosexuality or gayness but whatever Wayne Peters wrote did not come out of that meeting,” Reverend Monsignor Usher said.
“He may have had access to other information.”
‘Facts constitute serious indictable offences’
Mr Cowdery said it was in the public interest that clergyman that may have known about crimes, yet failed to report them to police, are referred to the DPP on the basis of Farrell’s testimony and the 1992 letter.
“In that letter, there is a very clear description of facts that would constitute serious indictable offences,” he said.
“That is, criminal offences that carry a penalty of five years’ imprisonment or more.”
Associate Professor David Hamer, a specialist in the law of evidence at the University of Sydney, said it is at the discretion of the DPP whether or not to prosecute.
“I’d imagine that someone senior in the NSW DPP would take a very close look at any charges that were laid in this case,” Associate Professor Hamer said.
Father Lucas has always maintained Farrell did not make any admission that required going to the police, and did not agree to an interview with 7.30.
NSW Police Strikeforce Glenroe, the DPP, the Sydney Archdiocese and the Bishop of Armidale have all been contacted for comment.
Victim of sexual abuse by Catholic priest felt ‘completely abandoned’ by church
Victims of a former Catholic priest who sexually abused children in northern New South Wales in the 1980s have described the devastating impact of his crimes in statements read out in court.
John Joseph Farrell, 62, is awaiting sentencing for 62 offences involving 12 victims.
One victim said in his statement, which was read by his mother, the abuse was compounded by the fact that when he reported what happened to him, he was not believed.
“I felt completely abandoned by the institution I had put so much faith in,” his statement said.
The victim said he had enjoyed a happy childhood until the age of 11.
“When I met Farrell, all of that changed,” he said in his statement.
He said the Catholic Church merely protected Farrell.
The man also said it was no coincidence he started drinking after meeting Farrell.
He said he developed chronic alcoholism, never engaged in study or long-term employment and has had 20 different homes in the past 25 years.
Victim ‘never had a proper relationship’ after abuse
Another victim said that having to re-live the offences against him was traumatic.
“I have never been able to have a proper relationship because of what happened to me,” his statement said.
My experience with John Farrell was always present in my thoughts and never was I prepared to reveal that I was a victim.
Child sexual abuse victim
Another victim who was raped by Farrell was overcome with emotion as he was preparing to read out his victim impact statement in the witness box.
His partner stepped up to read the statement on his behalf.
In it, he said the abuse continues to cause him problems with intimacy.
“I feel unclean until I’ve showered [after sexual activity],” he said. “John Farrell has shown neither remorse nor regret for what he has done to me and others.”
Most of Farrell’s victims were altar boys in the Moree area, but three of the victims were girls.
A woman who was sexually abused by Farrell said in her statement that was submitted but not read to the court: “I naively assumed that God must have been okay with it.”
“My experience with John Farrell was always present in my thoughts and never was I prepared to reveal that I was a victim,” she said.
Convicted paedophile priest John Joseph Farrell given sentence of 29 years for 62 sex crimes
May 2, 2016 2:24pm
A former priest will got to jail following his conviction on 62 counts of abuse.
A PAEDOPHILE priest, who raped one of his victims on the church’s altar, has been sentenced to almost three decade behind bars.
At Sydney’s District Court on Monday Judge Peter Zahra said former Catholic priest John Joseph Farrell “disregarded and took advantage” of his victims who he groomed over long periods of time.
Last month, Farrell was found guilty of 62 offences involving rapes and indecent assaults against three girls and nine boys over nearly a decade in the northern NSW towns of Moree and Tamworth.
As well as the 62 historical sexual crimes against children, a further 17 offences were taken into account when he was handed down a sentence of 29 years, with a non-parole period of 18 years.
He will not leave prison until 2033 at the earliest.
The disgraced ex-priest sat in the dock with his eyes closed as Judge Zahra told the courtroom how Farrell had assaulted his victims between 1979 and 1988.
Farrell was aware of, and exploited, the powerful position he held as a priest, the judge said.
Although some of Farrell’s crimes might have appeared to be spontaneous, they were in fact a result of the offender’s long-term grooming of the boys and girls which included gaining the trust of their parents, Judge Zahra continued.
At Farrell’s trial last month, the jury heard one of the victims, who was just 10 when the abuse began, was so trusting of the then-priest she convinced herself the assaults were “OK with God”.
The disabled victim, who can’t be identified, said in a statement tendered the court that the traumatising sexual abuse had continued throughout her teenage years.
“I naively assumed that God must have been OK with it,” she said.
Another of Farrell’s female victims would often try to escape when he visited her family home.
She would run to a friend’s house which led to her family becoming angry with her for being anti-social, she said in her victim impact statement.
“I kept the abuse quiet from my family as I was afraid of their reaction,” she said.
She told the court she had been robbed of her dream of having a husband and child.
“I have had plenty of boyfriends over the years but have always found sexual relations with them to be unpleasant,” she said.
“Although I made my body participate in the actions, my mind would remain detached.”
Before abusing the girls, Farrell had preyed on nine altar boys at Moree in the early 1980s.
He had raped one victim on the church’s altar and targeted others in a local swimming pool and during car trips to nearby parishes.
Many of those sitting in the public gallery of the courtroom wept as the sentence was handed down, while others clapped as the judge imposed a non-parole period of 18 years.
Victims stood and clapped as one of the most notorious paedophile priests in NSW was sentenced to 29 years’ jail after committing 62 acts of child sex abuse in regional NSW.
Former Catholic priest John Joseph Farrell, 62, sexually abused nine young altar boys and three girls between 1979 and 1988 in Moree, Armidale and Tamworth.
Victim Mark Boughton with his wife Belinda after former Catholic priest John Joseph Farrell was sentenced to 29 years in jail. Photo: Nick Moir
Farrell, also known as “Father F”, committed 27 acts of sexual assault, 48 acts of indecent assault and four acts of indecency.
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The “predatory” former priest was sentenced to a maximum of 29 years but a minimum of 18 years at Sydney’s Downing Centre District Court on Monday.
He closed his eyes and showed no emotion during the three hour sentencing.
Victim Mark Boughton outside court. Photo: Nick Moir
One of the people who clapped and cried was victim Mark Boughton and his wife, Belinda.
Outside court he said he hoped the outcome would allow himself and other victims to “have a life”.
“I’m very happy with the outcome; maybe it might show everyone else that they can stand up do the right thing and get these so called people off the street,” Mr Boughton said.
“Hopefully, everyone can get on, move on, have a life,” he said.
“Justice is served – he got what he wanted or what he needed, preying on kids. It’s not on – hopefully the world knows that now.”
During the sentencing hearing, Judge Peter Zahra spoke of how Farrell groomed many of his victims and exploited his position as a priest.
“The offender admitted he had a great deal of influence over the altar boys and he abused that position,” Judge Zahra said.
Judge Zahra said the offender, “disregarded and took advantage of the vulnerability of the child victims”.
“In relation to the altar boy victims, the offender knew there would be continuing opportunity because of the relationships he had developed with the victims and their parents.
“The offender created situations where he was confident he would not be detected even where his sexual abuse was, at times brazen in the extreme.”
During the trial, Crown prosecutor Bryan Rowe outlined a series of incidents in which Farrell groped, molested, raped or forced oral sex on the altar boys.
One altar boy who was indecently assaulted in a Moree swimming pool and later raped in the presbytery said, “It was the worst memory of [my] life.”
The victim went to report the sexual abuse to police in 2012 after viewing a Four Corners program.
He said he felt “embarrassed” and “ashamed” and said he hadn’t come forward earlier because “back in 1982 no one would have believed my words against a priest”.
Another victim had told the court that he was forced to perform oral sex on Farrell in a cellar when he was aged 10 or 11.
He said he told one of the brothers that he had been “hurt”.
Someone told him “they would sort it out” so the victim felt safe when he went back to church the following day.
But Farrell pulled his pants down at the altar and raped him.
“It felt like hours,” the victim said.
He said Farrell had threatened to kill him and his family if he told anyone about what had happened.
The former priest also molested three young girls. On one occasion he fondled the vagina of a little girl while she was at the dinner table with her family.
“The offender continued this conduct throughout the course of the meal during which he was engaging in conversation with other members of the family at the table,” Judge Zahra said.
Another victim, who was aged between nine and 11, was in Farrell’s bedroom at the presbytery when he was sexually assaulted with a toothbrush.
“I just want you to tell me if this hurts” or “how does this feel”, Farrell said at the time.
The victim cried and screamed out in pain.
Farrell was not suspended from public ministry until 1992.
His jail term will expire in 2044 but he will be eligible for parole in June 2033.
A former West Australian police minister defrauded about 80 investors of $3.4 million, which was meant to be spent on shares in the failed fuel technology company Firepower, the WA Supreme Court has found.
Gordon Leslie Hill, 65, a former Firepower director and minister in the Burke, Dowding and Lawrence State Labor governments, was ordered by Justice Andrew Beech earlier this month to repay the group of investors.
The civil action against Hill, 65, is the group’s first small victory in their long-running bid to recoup the money they paid for shares which they never received.
They are among many investors who lost money in the company, which claimed to have developed a magic petrol pill that improved fuel economy and reduced emissions from motor vehicles.
Firepower collapsed in 2007, taking $100 million in investors’ money.
The group of investors made deposits ranging from $2,000 to $200,000 between December 2004 and June 2005 into a trust used by Hill, who was then working as a solicitor, to buy shares in a Firepower company registered in the Cayman Islands.
But they never received their shares because Hill transferred their funds into companies that benefited himself as well as Firepower boss Tim Johnston, who had requested the money.
This included payments to companies called Green Triton, incorporated in the British Virgin Islands, and Operations Firepower, which was registered in WA.
Hill ‘recklessly indifferent to obligations’: judge
Justice Beech said an email from Hill to Mr Johnston showed that he “was acutely conscious” he was not supposed to use the money in the trust, and “deliberately turned a blind eye to the obligations that he knew he had as a trustee”.
“It is a real problem for me sending funds from the Trust account in this way … Legally the money is not meant to be used until the shares are issued,” the March 2005 email said.
Hill denied he acted fraudulently, with his lawyer arguing he intended for investors to receive shares in a different Firepower company, registered in the British Virgin Islands.
But Justice Beech disagreed, saying “at best Hill was recklessly indifferent to his obligations”.
“He consciously put those obligations to one side when complying with Mr Johnston’s instructions and making the Trust Payments, thereby benefiting some or all of Green Triton, Operations Firepower, Mr Johnston and himself,” Justice Beech said.
The legal bid by the investors’ group first started two years after the company collapsed, but was interrupted by other legal battles as well as Hill going into bankruptcy between 2010 and 2013.
Investors seek to recoup money
The group’s lawyer, Stephen Penrose, said the next step would involve a means inquiry to determine how Hill would pay the investors.
If he cannot pay, they will look to recoup money from the Legal Contribution Trust, a fund established to compensate clients of solicitors who misappropriate trust funds.
Mr Penrose said the investors – as well as another group owed $1 million by Mr Hill but who were not part of the Supreme Court action – needed Hill to be found to have acted fraudulently to apply to the fund.
But he was not confident they would receive the full amount of money they were owed, including interest.
While some of the investors were wealthy, many were just average people.
“They are just normal people, mums and dads. That’s the shame – they were normal people who put in money,” he said.
The corporate regulator has announced there will be no further penalties against executives from the collapsed fuel additives business Firepower.
It is six years since Firepower collapsed, leaving investors who had poured $100 million into the company with nothing to show for it.
The business had spent liberally on sporting sponsorships and celebrity connections to promote its fuel additives, which were subsequently discredited.
The Australian Securities and Investments Commission (ASIC) was successful three years ago in banning Firepower chairman Tim Johnston from managing another company for 20 years, while another executive was banned for six years.
The regulator says it has now finalised its investigation into possible criminal charges.
ASIC says the Commonwealth Director of Public Prosecutions has reviewed its brief of evidence and decided there is not a reasonable prospect of securing a conviction against Mr Johnston or anyone else linked to the company.
Firepower’s liquidator believes the former head of the fuel technology company, Tim Johnston, could have stashed millions of dollars offshore.
The liquidator Bryan Hughes has also confirmed that an investigation into the collapsed company is closed because investigators can no longer afford to bankroll it.
He says creditors are unwilling to put more money into it.
Firepower collapsed in 2008 with debts of at least $100 million owed to more than 1200 investors.
Mr Johnston was declared bankrupt last year.
Mr Hughes says trying to find out exactly where the money is, is not worth the cost of continuing.
“I believe there is some money offshore, we can prove it in a commercial sense,” he said.
“It’s very difficult to prove it to the requirements required by law to substantiate it but the trouble is we can track it so far.”
Worrell is the forensic accountancy firm that was doing the investigating but Mr Hughes says they cannot continue doing so any longer.
“They have no further funds,” he Mr said.
“They’ve approached all creditors, including myself, as to whether we have any funds to contribute to their investigations into his [Mr Johnston’s] bankruptcy and his personal estate.
“We don’t and obviously other creditors are disinclined to contribute funds.”
Mr Hughes says this effectively ends the chances of private investors recouping money from Mr Johnston.
“It’s in third parties, it’s in offshore jurisdictions, it’s in other companies,” he said.
“And, until somebody can find exactly where it all is and how that sheets home to Mr Johnston, it wouldn’t be worth the cost of doing it.”
Mr Hughes says the difficulty of investigating the collapsed company highlights flaws in Australia’s business framework
The Federal Court in Perth has banned the founder of the discredited fuel pill technology company Firepower from managing companies for 20 years.
The Australian Securities and Investments Commission (ASIC) brought action against former Firepower chairman Tim Johnston after the company collapsed in 2008, leaving investors more than $100 million out of pocket.
Justice John Gilmour said Mr Johnston should be excluded for a very long period of time from having access to or control over shareholders’ investments.
He said it was the kind of conduct which diminishes investor and public confidence in the commercial markets.
Mr Johnston’s investment manager Quentin Ward has been banned from managing a company for six years.
Mr Johnston did not turn up in court today to hear the decision