GUILTY Australia - Andrew, 45, Rose, 44, & Chantelle Rowe, 16, slain, Kapunda, 8 Nov 2010 #4

[kileyizzle]

http://www.abc.net.au/news/stories/2010/11/16/3068171.htm?section=justin

Police revealed on Monday they had obtained a DNA profile of an unknown man from the crime scene.

They were also looking for the owner of a white Toyota Landcruiser tray top seen outside the home.

 

[asha1972]

<modsnip>
i saw the news report video of the police taking down the tributes and i knew that the killer was still around and knew then that they knew who it was. how damn screwed up is the accused for laying a tribute, hanging around, grieving etc etc etc...OMG!

 

[midsommer]

From the Aussie Criminals blog I found this link to info about suppression orders
http://www.austlii.edu.au/au/legis/sa/consol_act/ea192980/s69a.html

EVIDENCE ACT 1929 - SECT 69A
69A&#8212;Suppression orders


(1) Where a court is satisfied that a suppression order should be made&#8212;


(a) to prevent prejudice to the proper administration of justice; or


(b) to prevent undue hardship&#8212;


(i) to an alleged victim of crime; or


(ii) to a witness or potential witness in civil or criminal proceedings who is not a party to those proceedings; or


(iii) to a child,

You can read more if you are interested.

I think we can dismiss the reasons in part (b) as there is no alleged victim alive, there is no witness who was not a party to the crime, and there is no child involved.

Therefore, the ongoing reason for a suppresion order must be (a) "to prevent prejudice to the proper administration of justice".

Then I found this site http://www.judcom.nsw.gov.au/publications/benchbks/civil/non-publication_and_suppression_orders.html about suppression orders.

Here is a bit of it

"In most cases, non-publication orders are not granted to avoid the possibility that pre-trial publicity may prejudice an immanent trial. The risk that the publicity may cause the trial to be unfair would have to be &#8220;wholly exceptional&#8221; to satisfy the test of necessity. Even in cases which have attracted intense media attention non-publication orders have been refused. "

then further down

"Mere belief that an order is necessary is not sufficient, there must be some material before the court upon which it can reasonably reach the conclusion that it is necessary to make an order prohibiting publication. "

So I am still at a loss to know what material could be before the court that makes it reasonable to impose a suppression order.

If we assume (as some here do) that the police have compelling forensic evidence that proves the person they arrested was the killer, the suppression order makes no sennse at all, given the strict guidelines.

The police have stated there was only one killer, so the suppression order is not to protect a third party.

The only reason I can see for the suppression order is actually to protect the person they have arrested because the do not have sufficient evidence to be absolutely certain they have arrested the right person.

 

[midsommer]

i saw the news report video of the police taking down the tributes and i knew that the killer was still around and knew then that they knew who it was. how damn screwed up is the accused for laying a tribute, hanging around, grieving etc etc etc...OMG!

Yeah, sounds like the sort of thing an innocent person might do, doesn't it?

 

[ta001]

Thanks for the link guys...v interesting read! Have bookmarked this page.

 

[asha1972]

Yeah, sounds like the sort of thing an innocent person might do, doesn't it?

Yeah I suppose. But also, a lot of killers revisit crimes scenes, grieve, etc etc to feel needed / wanted / important / thrilled / re-live the event.

do you think he's innocent?

 

[sbr]

Yeah you can't get to it by scrolling through the articles anymore.

 

[asha1972]

who has abused him? he has been arrested for the murder of 3 people.

innocent until proven guilty i agree, but until then, can't we discuss it?

 

[sbr]

If someone is trying to pull it down but haven't quite done it properly, probably best not to point out their mistake in this thread

 

[sbr]

One thing I was disappointing to read was the threats that the accused mother is getting. Two wrongs don't make a right let alone the fact that she is not the one being accused of murder.

 

[Mrs G Norris]

So nothing?? I just got off a plane so have missed the last 5 hours or so, did we find anything out at all?

 

[rl85]

I too, have been waiting all day to hear any news from the courts, but nothing yet. Looks like some newspapers will be running storries tomorrow? Musn't be that interesting if they're leaving it until tomorrow.

Am going through Aussiecriminals site now and sifting through some stuff I haven't already seen....looks like some interesting info so far!

 

[midsommer]

I am not going to defend myself or my interest in this case other than to say this.

I do not know whether the peson arrested is innocent or guilty.
I simply want to discuss the possibilities with intelligent people.


The facts are these:

We have abslutely no idea what evidence has been collected by police.
We have no idea whether DNA matches have been made, with blood or anything else
We have no idea whether any comments posted in facebook, on aussie crims or anywhere else are factual
We have no idea what this 18yo is like as a person
We have no idea what the nature of the relationship between him and the rowes was


What we DO know is:
The case is subject to a suppression order, but we do not know why.
Suppression orders have strict guidelines (see one of my earlier posts)
The accussed has submitted an alibi

 

[singers]

I am not going to defend myself or my interest in this case other than to say this.

I do not know whether the peson arrested is innocent or guilty.
I simply want to discuss the possibilities with intelligent people.


The facts are these:

We have abslutely no idea what evidence has been collected by police.
We have no idea whether DNA matches have been made, with blood or anything else
We have no idea whether any comments posted in facebook, on aussie crims or anywhere else are factual
We have no idea what this 18yo is like as a person
We have no idea what the nature of the relationship between him and the rowes was


What we DO know is:
The case is subject to a suppression order, but we do not know why.
Suppression orders have strict guidelines (see one of my earlier posts)
The accussed has submitted an alibi

so what doesn't make sense to you?

 

[midsommer]

so what doesn't make sense to you?

1, the suppression order (what is its purpose and why was it granted and presumabaly extended)
2, how the crime was committed (it's only my opinion but I think it would be difficult)
3, why the crime was committed (what was his motive)
4, the demeanour of the accussed in the days following the crime
5, what his alibi is

I could go on....

 

[fran]

We need to follow the rules. There are some special rules for this case, ie the alleged suspects name and likeness. This includes linking to any other site that has the name of the accused or picture as well.

I'm going to go back and delete any:

Requests for another poster to PM

Links to sites that include photos or the name of the accused

No quoting from other sites without a link

No quoting from other posts from other sites, you may paraphrase, but no quote, then you must provide a link. If the site is one that cannot be linked here because it contains info about the accused, you may not paraphrase because you cannot provide a link.

IF you see one of your posts has been deleted, it's because it was against the above mentioned rules. I'll try to just edit if possible so it doesn't completly throw off the flow of the thread.

If you have any questions, just pm a mod, but don't discuss this further in the thread. I, or someone else will respond to you when possible. It is a holiday weekend so we all won't be available all of the time.

Thank you for your cooperation and Happy Thanksgiving to all!

fran

 

[Salem]

Dear Posters - we have many newbies involved in this case and consequently there have been many rule violations. This case also has special rules because of the laws in Australia.

WS is a victim friendly forum, as such we do our best to respect the laws of other countries so that we do not give any suspect an opportunity to evade the law by claiming violation of privacy laws.

All posters are responsible for knowing and being familiar with our TOS, threadequittes and any rules posted in an opening post.

Please take the time, while this case is locked, to become familiar with these rules and policies.

Thread 4 will be back after it has been reviewed. This is the American Holiday of Thanksgiving and most of WS's mods are busy with preparation, travel, friends and family, so it could be a day or two before the thread is back up.

Thank you,

Salem

TOS: The Rules - Websleuths Crime Sleuthing Community Please Read

We have some special rules for this particular case based on the laws in Australia. If the article names the accused and the suppression order has not been lifted, then you may not post the link. However, if the accused is not named OR if the suppression order has been lifted (you need to link to this information) then you can post the link.

Questions about moderating and/or rules should be sent to any moderator via pm and not posted in the main threads as it disrupts the flow of discussion.

ALSO - we have lots of new posters here. Please make yourselves familiar with our Terms of Services, Rules and threadequitte here: The Rules - Websleuths Crime Sleuthing Community

Let any of the mods know if you need assistance with the rules or if you have other questions, by sending them a pm.

Salem

We ask that you refrain from using the alleged suspects name and please do not post any of his pictures.

It has come to our attention that the judge has suppressed parts of the evidence, including the alleged suspect's name. Although we are not in Australia and not obligated to their jursidiction, we are a crime forum and our mission is to help bring justice to victims. Therefore, we feel we should go by the judge's orders.

ALSO - do not link to social networking sites AT ALL
-do not link to ANY site where the alleged suspect's name might be used.
- No Screen caps.
More: Please supply links to any media reports you are posting. Remember, we can only post 10% of the article and MUST link.
Pictures from other sites ( except for the alleged suspect) may be copied here, but you MUST supply a link to the original source of the picture.

 

[Salem]

Okay All - I have just gone through this thread (giving up precious time). I am really disappointed to see all the links to a site which names the suspect.

Please think about this: 3 people were viciously murdered. The Courts have issued a suppression order. Violation of this suppression order will help to provide a DEFENSE for the PERP. All of us need to act responsibly to ensure that JUSTICE is served for this precious family. Before posting please consider what is more important here - your need to know details or that Lady Justice visits the perp?

WS's position is that it is much more important for Lady Justice to visit the perp. Any posts that may hinder her arrival will be removed and posters will be recommended for timeouts.

If the thread has to be closed again for review - it is likely that it will stay closed through the American Thanksgiving Holiday and shopping frenzy that follows.

Do not "invite" others to pm or email you! Just do the pm'ing yourself. If you don't know what "inviting" is - READ THE TOS!

If you have any questions - PM a mod!

Salem

ETA: I am leaving the thread locked for a couple of hours. Please thank this post so that I know you have read it. When enough posters have looked at the post and thanked it, I will reopen the thread.

 

[ta001]

I'm just wondering if both the prosecution and the defence agree to the suppression order is there any reason for it to be addressed in court? Would the supression order just be extended instead?

This might explain why there is no news....

 

[KG1]

I'm just wondering if both the prosecution and the defence agree to the suppression order is there any reason for it to be addressed in court? Would the supression order just be extended instead?

This might explain why there is no news....

I'm beginning to think that due to the suppression orders imposed last week (and presumably continued yesterday), that ANY news or comment by the media is suppressed - in other words those order suppress anything to do with the case from being reported by the media.