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

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how can a supression be in place when the FEDERAL police alongside the FEDERAL government gave interstate media the "ok" the identify the accused on footage shown in SA? contradictory.

the suppression was to ensure his address, number, relatives details, social network pages not be available for the media or public to stop potential retaliation against his family and friends.

and thats from a very reputable, trusted source

Supression for that reason is not allowed in SA.

"undue hardship to a criminal defendant or civil litigant can no longer form the basis of an order since the 1989 amendments..."

REF: http://www.lawlink.nsw.gov.au/lrc.nsf/pages/dp43chp10
 
sometimes life is stranger than fiction - but in the force you can ask for help but they don't want to as they may be taken of the case for a desk
 
we have seen the video of the accused placing flowers at the shrine (this has been verified that it was flowers by many friends on fb straight after the arrest), i find it very strange that on the video he is the only one there, then straight after the police collect all the tributes at the shrine because they only had dna and needed the missing piece (Finger prints and what better way to get them was the tributes and cards that people had touched and even left cards with their names on them - some smart people are very dumb - and they collected all the tributes so as not to arouse suspicion by the accused - SAPOL are very smart indeed - and remember at the same time that this investion is going on - there was another murder at waterloo corner - and SAPOL got both the perps by matching DNA to the national database

Why not just ask people (or this person) for their fingerprints?
Simpler option I reckon.

I think at the time of collecting the tributes they were still grasping at straws and examining everything.
 
sometimes life is stranger than fiction - but in the force you can ask for help but they don't want to as they may be taken of the case for a desk

Yes have to agree there, this is why I don't have faith and can't just except without seeing facts about this case. Its not at all that I think the police are bad or anything, but our system omg our system fails the people trying to do this job. You can only take that so long before you just don't care anymore!

I think I remember you saying you're a local?
 
Why not just ask people (or this person) for their fingerprints?
Simpler option I reckon.

I think at the time of collecting the tributes they were still grasping at straws and examining everything.

Possibly didn't want to spook the perp ??
 
I think at the time of collecting the tributes they were still grasping at straws and examining everything.

Lol that makes no sense though, they would have found DNA in the house on the first or second day, then they would have been looking for a suspect that matched the DNA after that. I thought that was SOP
 
if we are going to quote law then please quote SA law not nsw or other states

If you read it you will see that bit specifically does relate to SA law.

It is from http://www.lawlink.nsw.gov.au/lrc.nsf/pages/dp43chp10

Here is the entire text:

10.65 In terms of the prejudice which may be caused by publication to the administration of justice, the South Australian power to issue suppression orders is rather different from the other general provisions discussed above. A risk of prejudice, no matter how substantial, will not be sufficient grounds for making a suppression order in its own right. The “court”, broadly defined to include a Justice conducting preliminary proceedings, a coroner and any person acting judicially,111 can only make an order if satisfied that the prejudice that would occur by publication should be accorded greater weight than the public interest in the publication of court proceedings and the “consequential right” of the news media to publish it.112

10.66 This obligation to balance the public interest in open justice with prejudice to the administration of justice, including fair trial, was one of the amendments introduced in 1989 which were intended to make it more difficult to obtain a suppression order.113 Other amending provisions removed the right of parties to proceedings, including criminal defendants, to apply for suppression orders on grounds of “hardship”. The wording of the other ground for orders was also tightened so that courts were no longer empowered to suppress names and evidence where it appeared desirable “in the interests of justice” but could only do so where it would be “to prevent prejudice to the proper administration of justice.” In drafting these amendments, the Government (according to the Attorney General) had “erred on the side of freedom of speech and publication”.114 The 1989 amendments were designed to bring an end to the period in which the openness of judicial proceedings in South Australia had been greatly eroded by an uncommon concern for the interests and rights of the accused.115 Prior to these amendments Adelaide had been labelled the “suppression capital of Australia” because of the reputation of South Australian courts for issuing suppression orders in numbers far and above those issued by the courts of other states and territories.116 Criticism had been directed at the number of orders being made, and also at alleged anomalies in when and how such orders were applied. Criticism had also been directed at the use of suppression orders when a defendant pleaded guilty, such that restrictions to publication were being imposed on the basis of risk of prejudice to reputation not just prejudice of fair trial.117

10.67 Despite the narrower power given to South Australian courts since 1989 to issue non-publication orders to prevent prejudice to the administration of justice, the introduction of the ground of “undue hardship” has ensured that South Australian courts still have the broadest general power to issue non-publication orders in Australia. South Australian courts can make orders not only to prevent prejudice to the administration of justice, but also “to prevent undue hardship”. Whilst undue hardship to a criminal defendant or civil litigant can no longer form the basis of an order since the 1989 amendments, such a basis may still be considered for an alleged victim of a crime, a witness, or potential witness in civil or criminal proceedings, or for a child.118 It must be noted however, that even though the South Australian legislature has provided that suppression orders can be made on the basis of individual hardship rather than in the interests of justice as a whole, the court is still obliged to balance this hardship with the principle of open justice. The court must give substantial weight to the public interest in publication and the consequential right of the news media to publish and may only make an order where the undue hardship which would result should be afforded greater weight than those considerations.119
 
Lol that makes no sense though, they would have found DNA in the house on the first or second day, then they would have been looking for a suspect that matched the DNA after that. I thought that was SOP

That assumes that the forensic info they got from the tributes in some way contributed to the arrest. We have no information to say that it did.

I think gathering up the tributes was just routine proceedure.
 
agree with you to the extent that if he is guilty, then this seems to be the only reasonable motive. But as you are no doubt aware, I am doubting whether the police have arrested the right person.
Ok the million dollar question is, who <modsnip: else> was then? <modsnip> any ideas? Are you aware of <modsnip> other possible suspects that may have been out to get CR and/or her parents? i would love to hear some other theories on who could have done this or who else would have a motive for this if you have any.

http://news.brisbanetimes.com.au/br...rged-with-kapunda-murders-20101116-17vgc.html

Police had narrowed their search to the friends of Chantelle in recent days.
The police were pretty sure it was a friend of CR's
 
I reckon they were examining the tributes to see if they could get some more evidence to build a stronger case and get as many bits of evidence they could.
 
I am currently visiting NSW and there are no suppression orders in place! There are newspaper articles naming the accused, witness accounts, interviews with the people of the town, details of the crime, evidence etc all in these papers and on TVOver the past 2 weeks.

Can you give any details of what you are seeing over there?
 
Ok the million dollar question is, who <modsnip: else> was then? <modsnip> any ideas? Are you aware of <modsnip> other possible suspects that may have been out to get CR and/or her parents? i would love to hear some other theories on who could have done this or who else would have a motive for this if you have any.

http://news.brisbanetimes.com.au/br...rged-with-kapunda-murders-20101116-17vgc.html

The police were pretty sure it was a friend of CR's


this really tells me that they did know by the 14th who the killer was and all they needed at that stage was finger prints to compliment the dna evidence they already had and again we must say game set and match
 
With all the discussion on the DNA over the past several days I decided to go back to the drawings board and only read the reported stories in the MSM –
what the heck I had two days off.

So I went day by day, read at least 5 different full reports and watched all the video footage I could find for that day & wrote down what pertinent facts were released each day and only what was released.

(please bear with me if it seems I am repeating what everyone else is saying)

On 13/11 – DSGM states expecting results from the forensics testings this weekend, quote as saying huge amount of biological material for this scene & hope for a DNA breakthrough soon (I have obtained explanation of the Types of DNA testing and the time frame for how long it would take for results and the general answer is, between 5 – 10 days depending on the type of testing being conducted this would explain why it took so long from 8th – 15/11) I can send you the complete explanation if you pm me & you will see its from a very credible source.

On 15/11 - DSGM stated we have now obtained a DNA profile of an unknown male from the crime scene, but on two different videos the reporters from different news agencies go on to quote him that there is no match on the national database – he does not say no match at all – only on the database! Most MSM only seem to quote no match. This is the first time in any of the MSM I found that they admit they now have DNA to match to. Not long after they also report that some items were removed from the tribute outside the house for closer inspection.

Could it be that matching of DNA from ppl tested the crime scene and tributes had not been fully completed yet & being the professional he is DSGM was keeping very tight lipped and very precise about what he left out?. :waitasec:

Next post re: the vehicle outside the house put in context.

but let me know if you think I'm spaming & I won't waste space......
 
<modsnip>
No. I don't have any idea what forensic testing they did on the tributes.
But I think it is pretty routine to collect them, especially to read what people had written.
I didn't say they were doing anything "hysterically", just that at that point I do not think they had anyone clearly in their sights.
If they had, it would have been far easier to ask hm for fingerprints etc than to wait until after he left a tribute at the shrine, don't you think?
 
With all the discussion on the DNA over the past several days I decided to go back to the drawings board and only read the reported stories in the MSM –
what the heck I had two days off.

So I went day by day, read at least 5 different full reports and watched all the video footage I could find for that day & wrote down what pertinent facts were released each day and only what was released.

(please bear with me if it seems I am repeating what everyone else is saying)

On 13/11 – DSGM states expecting results from the forensics testings this weekend, quote as saying huge amount of biological material for this scene & hope for a DNA breakthrough soon (I have obtained explanation of the Types of DNA testing and the time frame for how long it would take for results and the general answer is, between 5 – 10 days depending on the type of testing being conducted this would explain why it took so long from 8th – 15/11) I can send you the complete explanation if you pm me & you will see its from a very credible source.

On 15/11 - DSGM stated we have now obtained a DNA profile of an unknown male from the crime scene, but on two different videos the reporters from different news agencies go on to quote him that there is no match on the national database – he does not say no match at all – only on the database! Most MSM only seem to quote no match. This is the first time in any of the MSM I found that they admit they now have DNA to match to. Not long after they also report that some items were removed from the tribute outside the house for closer inspection.

Could it be that matching of DNA from ppl tested the crime scene and tributes had not been fully completed yet & being the professional he is DSGM was keeping very tight lipped and very precise about what he left out?. :waitasec:

Next post re: the vehicle outside the house put in context.

but let me know if you think I'm spaming & I won't waste space......

Go ahead, were all here trying to make sense of everything. Hope you can help!
 
With all the discussion on the DNA over the past several days I decided to go back to the drawings board and only read the reported stories in the MSM –
what the heck I had two days off.

So I went day by day, read at least 5 different full reports and watched all the video footage I could find for that day & wrote down what pertinent facts were released each day and only what was released.

(please bear with me if it seems I am repeating what everyone else is saying)

On 13/11 – DSGM states expecting results from the forensics testings this weekend, quote as saying huge amount of biological material for this scene & hope for a DNA breakthrough soon (I have obtained explanation of the Types of DNA testing and the time frame for how long it would take for results and the general answer is, between 5 – 10 days depending on the type of testing being conducted this would explain why it took so long from 8th – 15/11) I can send you the complete explanation if you pm me & you will see its from a very credible source.

On 15/11 - DSGM stated we have now obtained a DNA profile of an unknown male from the crime scene, but on two different videos the reporters from different news agencies go on to quote him that there is no match on the national database – he does not say no match at all – only on the database! Most MSM only seem to quote no match. This is the first time in any of the MSM I found that they admit they now have DNA to match to. Not long after they also report that some items were removed from the tribute outside the house for closer inspection.

Could it be that matching of DNA from ppl tested the crime scene and tributes had not been fully completed yet & being the professional he is DSGM was keeping very tight lipped and very precise about what he left out?. :waitasec:

Next post re: the vehicle outside the house put in context.

but let me know if you think I'm spaming & I won't waste space......

Good reasoning Anjay - Yes, please go on.
 
No. I don't have any idea what forensic testing they did on the tributes.
But I think it is pretty routine to collect them, especially to read what people had written.
I didn't say they were doing anything "hysterically", just that at that point I do not think they had anyone clearly in their sights.
If they had, it would have been far easier to ask hm for fingerprints etc than to wait until after he left a tribute at the shrine, don't you think?

Hmmm, I don't think you can match DNA to a fingerprint, it's an odd idea but could have happened.

Given he was a friend and had been in the house before fingerprints wouldn't mean anything. If they had unknown DNA from blood collected from around the house and towels etc they would need the persons DNA to match it to.

Also seems in past cases they don't like to let the suspect know they are a suspect if they don't have to.
 
would it be safe to assume that he was a suspect within a day of the murders? the first thing police will do other than search the scene and surroundings for evidence is to go through the victims belongings..her phone would have been molested by msgs by him you would assume.

also, can someone tell me why he is appearing via video link on feb 2 for the case.
 
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