Australia Australia - Claremont SK, 1996-97, Perth, WA - #13

[The Hobo]

Those saying that he knew the police were close.. Surely he would leave the country when he could... Why hang around?

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[Spooks-R-Us]

Pipidinny Pics

Pipidinny Pics taken by me....
[emoji317]

 

[ktq83]

Those saying that he knew the police were close.. Surely he would leave the country when he could... Why hang around?

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and go where? You can't just go and live in another country without a working visa. He didn't have a degree so it's unlikely any country would allow him a visa

 

[DaleCooper]

7 months! Surely the police need to have enough evidence to be able to hold him for 7 months?

Innocent until proven guilty, but 7 months is a long time to wait in jail if he's actually innocent!

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7 months is nothing - most murder cases take multiple years to get to trial.

I don't know what the court calendar's like in WA, but I've had clients who were on remand for 4 years. Yes, it sucks. But most of them end up getting convicted, and that time counts towards their sentence.

We hold innocent asylum seekers in immigration detention for years. Terribly unjust, and would be cheaper to house them in the community while they wait for their refugee claims to be processed.

 

[DaleCooper]

The Cab Rank rule applies in Australian Courts.
Cab-rank rule. In English law (and other countries which adopt the rule), the cab-rank rule is the obligation of a barrister to accept any work in a field in which they profess themselves competent to practice, at a court at which they normally appear, and at their usual rates.

The cab rank rule is a myth - applies in principle, but not in practice...

If a barrister doesn't want to take a brief, they simply say that they're not available on the dates when the matter is listed in court. Or, if it's a privately-funded matter (not Legal Aid), they will quote a higher than usual rate for the work. This will deter some clients.

Even worse, sometimes a barrister will take a brief, but then a better brief comes along (a higher paying one). In this situation they will 'regrettably' inform you (the solicitor) that they have a conflicting commitment and can no longer do it. Usually in this situation they will try to 'flick' the brief to a junior barrister.

 

[petedavo.au]

and go where? You can't just go and live in another country without a working visa. He didn't have a degree so it's unlikely any country would allow him a visa

Let alone one that doesn't have an extradition treaty...

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[The Hobo]

7 months is nothing - most murder cases take multiple years to get to trial.

I don't know what the court calendar's like in WA, but I've had clients who were on remand for 4 years. Yes, it sucks. But most of them end up getting convicted, and that time counts towards their sentence.

We hold innocent asylum seekers in immigration detention for years. Terribly unjust, and would be cheaper to house them in the community while they wait for their refugee claims to be processed.

So what happens if they are found innocent? Do they get some sort of compensation? Do the police need to table some proof to justify holding him that long?

Bad enough his name is all over the news and his life is ruined, this just makes it worse if it turns out he's innocent

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[janwa]

Let alone one that doesn't have an extradition treaty...

I thought there was some mention of a parent being a migrant. If you have a parent or grandparent from the UK you can enter unrestricted.

 

[meticulously]

Another picture in this news site.
Note the red evidence flags.
http://www.news.com.au/national/cri...m/news-story/c6e380ec5474bb7900b8e16d7912ffcc

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It looks to be the "carpark" and the route into the bush marked by the red flags in the original picture, made easier to see it using negative filter photography app .
I marked this track with red . jmo




.

 

[petedavo.au]

It looks to be the "carpark" and the route into the bush marked by the red flags in the original picture, made easier to see it using negative filter photography app .
I marked this track with red . jmo
View attachment 114724
View attachment 114722
View attachment 114723

.

Could be, but since there's no Police vehicles, IMO, it would more likely be evidence flags to mark evidence of the perp/victim route into the Crime Scene at a guess. If there was a better picture, you could probably pick out anything near the flags to confirm or disprove either way.

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[PCS]

It was the Shenton Park Post newspaper editor who came up with the printing ink/clothes line print shop clue. Not the Police. I got that straight from the horses mouth. They said the ink/clothes line clue was a Media beat up, not theirs.

I'm hoping the police get clues as to where BRE has surfed on Google Earth. I wonder if he buried anything at Tomato lake. It's only around the block from where he lived.

 

[PCS]

That is why nothing is mentioned of it now that BRE has been charged.

 

[petedavo.au]

I thought there was some mention of a parent being a migrant. If you have a parent or grandparent from the UK you can enter unrestricted.

Going to the UK wouldn't do a fugitive from Australia any good though. https://www.gov.uk/guidance/extradition-processes-and-review

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[PCS]

I wonder if his step daughter can access his FB account. I did message him in January.

 

[janwa]

Going to the UK wouldn't do a fugitive from Australia any good though. https://www.gov.uk/guidance/extradition-processes-and-review

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He would have had to have gone before the warrant was issued or an All Ports warning would have been in place, he would have needed a network to support him.

I don't think he would have even contemplated doing a runner even if he had known the police were closing in. As I posted before he was having dinner with friends within days of the arrest.

 

[petedavo.au]

He would have had to have gone before the warrant was issued or an All Ports warning would have been in place, he would have needed a network to support him.

I don't think he would have even contemplated doing a runner even if he had known the police were closing in. As I posted before he was having dinner with friends within days of the arrest.

Although people on the lam, like Elmer Crawford have successfully avoided capture for decades, without any known support.

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[DaleCooper]

So what happens if they are found innocent? Do they get some sort of compensation? Do the police need to table some proof to justify holding him that long?

Bad enough his name is all over the news and his life is ruined, this just makes it worse if it turns out he's innocent

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No, no compensation.

As for proof: first, the police can't charge someone without evidence. Second, the strength of the Crown case is relevant to bail - even on serious charges where there is a presumption against bail, if the Crown case is weak, this improves the prospect of bail. Third, regardless of whether the accused gets bail, the matter has to go to a committal hearing - a trial before the trial to test the evidence. If a person is committed to stand trial following this hearing, you can be assured that there is substantial evidence against them.

I'd be pretty confident the police have their guy here. They have forensic evidence for a start.

 

[Spinnaker]

It was the Shenton Park Post newspaper editor who came up with the printing ink/clothes line print shop clue. Not the Police. I got that straight from the horses mouth. They said the ink/clothes line clue was a Media beat up, not theirs.

I'm hoping the police get clues as to where BRE has surfed on Google Earth. I wonder if he buried anything at Tomato lake. It's only around the block from where he lived.

Dr P mentioned Champion Lakes near Gosnells and a Lake called Wright Lake - is this near Tomato Lake?

 

[DaleCooper]

With all respect, and considering I said I wasn't commenting further, I feel that I cant let this one go through to the keeper. The 'cab rank rule' is an integral principle of practice. I attach an excerpt of the WA Rules in regard to this.View attachment 114725

This matter was also covered in some detail in The Royal Commission into Institutional Responses to Child Sexual Abuse Case Study 42. I can provide the Transcript Reference if required

Mate, read through my post again, alongside the Barristers Rules. The Rules make it clear that barristers can refuse a brief if they're not available or the client can't pay their rate. The Rules don't stipulate that they have to charge a reasonable rate, and can't inflate their rate if they don't want to take a matter on.

Unless you have first-hand experience that contradicts what I've said, why argue? I'm an ex-lawyer with who's spent years briefing barristers.

If you're really interested in the topic, google "cab rank rule a myth". Plenty of reading there.

Cheers
Dale

 

[anna.w]

I wonder if his step daughter can access his FB account. I did message him in January.

He must have cleared enough room in his inbox to receive messages, then