Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #10

[BreakingNews]

Link for what???

You made a comment about the parents paying for the accused legal team. Where has that appeared in the media?

 

[Trooper]

I read this yesterday and wondered if it was written in sarcasm or indeed a warning! could you please elaborate?

Whatson ( a play on the name of Sherlock Holmes's sidekick plus your homey boy greeting) <- ---- could be an indicator of a highly developed sarcasm skill, combined with rapier wit. I'd go the first option.

 

[BreakingNews]

I was talking about jails (remand centres) for those waiting for trials.

Not prisons - these are for convicted criminals.

Do all those on remand get top notch lawyers by State?

Just asking because OP stated that the accused has a right to a fancy ( very expensive) lawyer of HIS choice.

What is the difference between this accused and others charged of murder?

They usually get Public Defenders.
Not fancy but reliable and educated ones.

But deemed as "inadequate" here.

In my country a Public Defender is chosen among those "in line," waiting their turn.

The accused cannot choose.
But gets the lawyer whose turn is at this time.

It is FAIR.
No privileges.

But, of course, if the accused wishes to choose - he/she pays.
Who can forbid the rich?

It makes sense, no?

That is why IMO,
PS (his family) hired this particular lawyer and pays for his defence.

JMO

I still don't understand why or what makes you think his family hired his defence. I haven't read anything about this.

 

[HoneyBunOne]

I still don't understand why or what makes you think his family hired his defence. I haven't read anything about this.

Articles such as the following use the word "hired" in reference to his barrister. Some people are assuming that means money will exchange hands, but if so, there's the question of who is paying the fees. It's assumed a 22 year old tradie will not have the means to pay such a large legal bill, unless he's quietly sitting on a small fortune or large nest egg. If it's a case of hire for payment, and no savings to speak of, the question remains - who is footing the bill? Perhaps the parents, perhaps Legal Aid, perhaps someone different altogether?

Major update on Sam Murphy's accused murderer

The man accused of murdering missing mum Samantha Murphy has hired a top criminal defence lawyer.

www.dailymail.co.uk

 

[SouthAussie]

Articles such as the following use the word "hired" in reference to his barrister.

Pretty sure the media wouldn't know if his lawyer was 'hired'. It is a matter of confidentiality.

We still don't know if Greg Lynn's lawyer was "hired" by himself or Legal Aid. All we know is that Dermot Dann (his lawyer) said at one point there was some kind of delay in retaining him - presumably that might have been waiting for a Legal Aid decision.

imo

 

[HoneyBunOne]

This link to the stats of where/how etc bodies of homicide are found is very interesting:

Body Disposal in Homicide

Body disposal sites are the most objective crime scene locations available because they represent the last known whereabouts of the victim.

www.crime-scene-investigator.net

I think now she's either not too far off a road in a reserve and not well concealed.
This is all just my theory and may be totally incorrect. All is IMO.

Snipped by me.

The article you posted is very interesting. Based on the findings, and applied to this case, (assuming PS and SM weren't known to each other) it could be suggested that:

Samantha is in a natural area, such as a forest, but not in water. A place that is known to her accused murderer, and/or that he's familiar with.
She was moved from the place she died.
If the act was pre-planned, she's more likely to be on the property of the accused. If not, she's more likely to be in the neighbourhood of her accused killer.
She may or may not have been well concealed.
The most likely individual to find her is a member of the public.

That's kind of been my thought process all along, although I've never felt she's on the property of the accused. It will be interesting if/when she is found if the stats apply in this case.

Either way, it's time for her to be found, laid to rest, and her family and friends can truly accept she's gone and begin the process of healing.

 

[JLZ]

Articles such as the following use the word "hired" in reference to his barrister. Some people are assuming that means money will exchange hands, but if so, there's the question of who is paying the fees. It's assumed a 22 year old tradie will not have the means to pay such a large legal bill, unless he's quietly sitting on a small fortune or large nest egg. If it's a case of hire for payment, and no savings to speak of, the question remains - who is footing the bill? Perhaps the parents, perhaps Legal Aid, perhaps someone different altogether?

Major update on Sam Murphy's accused murderer

The man accused of murdering missing mum Samantha Murphy has hired a top criminal defence lawyer.

www.dailymail.co.uk

Furthermore, Paul Galbally does not appear to be a member of the Victorian Bar. He is a member of a firm of legal practitioners, or what were formerly known as "barristers and solicitors". As such he is entitled to appear in the Supreme Court. A member of the Victorian Bar is required to be a barrister only and is subject to certain rules of practice. An accused or family of an accused could not directly employ a barrister, but they could walk up to a legal practitioner who is an accredited criminal law specialist such as Paul Galbally. If the practitioner accepts the Legal Aid fee, the firm would then make an application to Legal Aid for PG to represent the accused. I am not sure whether it is also possible for the practitioner to come to an arrangement with the client where the fee payable is the Legal Aid fee plus something payable by the client/client's family.

Paul Galbally - Criminal Law Specialist | Galbally & O’Bryan Lawyers, Melbourne

An Accredited Criminal Law Specialist, Paul has run some of the country’s largest and most complex criminal cases. Paul is recognised throughout the legal profession for his judgment, sound strategic advice and discretion.

www.galballyobryan.com.au

What is a barrister? | Victorian Bar

A barrister is an independent lawyer with specialist skills in dispute resolution, litigation strategy and advice, and in advocacy before the court.

www.vicbar.com.au

Legal Profession Uniform Law Application Act 2014

www.legislation.vic.gov.au

 

[Trooper]

'I am not sure whether it is also possible for the practitioner to come to an arrangement with the client where the fee payable is the Legal Aid fee plus something payable by the client/client's family.'

No. Either one is without the required funds,, or one can pay. There is no provision for divvying up the fees..

 

[JLZ]

'I am not sure whether it is also possible for the practitioner to come to an arrangement with the client where the fee payable is the Legal Aid fee plus something payable by the client/client's family.'

No. Either one is without the required funds,, or one can pay. There is no provision for divvying up the fees..

Like bulk-billing used to be.

 

[Trooper]

No time to be downhearted... Bradley Murdoch sits in Darwin Correctional centre, he won't be able to apply for parole until he is about 74, the body of Peter Falconio has never been found..

Paul Wilkinson is still banged up in Goulburn Supermax , maybe Silverwater, I forget which, he wont get parole for another 25 years, no body of Kylie , his girlfriend has ever been found.

Keli Lane is still in prison, her parole date due and past, the body of her daughter has never been found...

 

[ProfCluezo]

Thanks to all websleuthers who have engaged in comments, questions and clarification around the legal processes applying to Mr Galbally’s “engagement” (I am using a deliberately neutral word given none of us know the exact circumstances under which Mr Galbally came to be involved). I, for one, had no understanding of these processes and without knowing it’s easy to make erroneous assumptions... I am grateful for the efforts of so many websleuthers to flesh this out so we can all have the opportunity to better understand. A wonderful example of teamstorming. Thank you all.

 

[Trooper]

Furthermore, Paul Galbally does not appear to be a member of the Victorian Bar. He is a member of a firm of legal practitioners, or what were formerly known as "barristers and solicitors". As such he is entitled to appear in the Supreme Court.

Paul Galbally - Criminal Law Specialist | Galbally & O’Bryan Lawyers, Melbourne

An Accredited Criminal Law Specialist, Paul has run some of the country’s largest and most complex criminal cases. Paul is recognised throughout the legal profession for his judgment, sound strategic advice and discretion.

www.galballyobryan.com.au

What is a barrister? | Victorian Bar

A barrister is an independent lawyer with specialist skills in dispute resolution, litigation strategy and advice, and in advocacy before the court.

www.vicbar.com.au

Legal Profession Uniform Law Application Act 2014

www.legislation.vic.gov.au

edited by me for emphasis.

It is at this time an evolutionary process, now with social media , etc electronic media, but up until around the 80s 90
s ( the law moves very slowly ) a Barrister could not advertise his expertise. A Plaque on the door, and 'word of mouth' was the accepted conduct. It is progressing in a stately manner to a more relaxed, less rigid posture.

It is only this century, and not early , either, that the language on all Bar Association directives was in the male gender. It would not surprise me that Galbally Chambers clings to Old Mr Frank's ambience.


Under the former rules a Barrister was prohibited from informing the public that he was, in fact, a Barrister. It was not thought gentlemanly to do so. Lots of Barristers still cling to these formats.

Both direct and indirect means of solicitation were banned as well as any conduct that led to the reasonable inference that its purpose was advertising. A Barrister could not even put on his letterhead that he was a Barrister.
These days , résumés are typically published on chambers’ websites or at least stated to be ‘made available on request’. The once forbidden is now permitted

 

[JLZ]

Just on the subject of whether there are incompetent criminal lawyers. OK, the law is a very broad topic and criminal law is only a small-ish portion of what's taught in law school. Most of what you learn as to effective practice is on the job. Second, criminal law is not where the money is. The consequence of this is that a lot of lawyers go in for more lucrative aspects, and then when times are bad and the well-paying work is less abundant, think they'll condescend to a little criminal law work just as a fill-in. And because they're inexperienced and underestimate the complexities of the business, they're not very good. So I've heard.

 

[Dotta]

Articles such as the following use the word "hired" in reference to his barrister. Some people are assuming that means money will exchange hands, but if so, there's the question of who is paying the fees. It's assumed a 22 year old tradie will not have the means to pay such a large legal bill, unless he's quietly sitting on a small fortune or large nest egg. If it's a case of hire for payment, and no savings to speak of, the question remains - who is footing the bill? Perhaps the parents, perhaps Legal Aid, perhaps someone different altogether?

Major update on Sam Murphy's accused murderer

The man accused of murdering missing mum Samantha Murphy has hired a top criminal defence lawyer.

www.dailymail.co.uk

Thanks

In my country we have Continental Legal System
so I guess what I read on this thread is novelty to me.

And generally, legal matters seem complicated - whatever the system haha

Never mind

Whatever Legal System
I only hope Justice for Samantha WILL be served.

At least on this we ALL can agree.

 

[SouthAussie]

No time to be downhearted... Bradley Murdoch sits in Darwin Correctional centre, he won't be able to apply for parole until he is about 74, the body of Peter Falconio has never been found..

Paul Wilkinson is still banged up in Goulburn Supermax , maybe Silverwater, I forget which, he wont get parole for another 25 years, no body of Kylie , his girlfriend has ever been found.

Keli Lane is still in prison, her parole date due and past, the body of her daughter has never been found...

And John Chardon died (of natural causes) in prison, while serving his murder sentence. His wife, Novy, has never been found.

 

[SouthAussie]

Thanks to all websleuthers who have engaged in comments, questions and clarification around the legal processes applying to Mr Galbally’s “engagement” (I am using a deliberately neutral word given none of us know the exact circumstances under which Mr Galbally came to be involved). I, for one, had no understanding of these processes and without knowing it’s easy to make erroneous assumptions... I am grateful for the efforts of so many websleuthers to flesh this out so we can all have the opportunity to better understand. A wonderful example of teamstorming. Thank you all.

Some of us have been here for a very long time, followed many crimes and trials. We have learned a lot over the years, and are happy to share.

 

[Scooby-Doo]

Snipped by me.

The article you posted is very interesting. Based on the findings, and applied to this case, (assuming PS and SM weren't known to each other) it could be suggested that:

Samantha is in a natural area, such as a forest, but not in water. A place that is known to her accused murderer, and/or that he's familiar with.
She was moved from the place she died.
If the act was pre-planned, she's more likely to be on the property of the accused. If not, she's more likely to be in the neighbourhood of her accused killer.
She may or may not have been well concealed.
The most likely individual to find her is a member of the public.

That's kind of been my thought process all along, although I've never felt she's on the property of the accused. It will be interesting if/when she is found if the stats apply in this case.

Either way, it's time for her to be found, laid to rest, and her family and friends can truly accept she's gone and begin the process of healing.

My thoughts are the police have video, photos of the accused murderer and Samantha, dead on the day she disappeared, another reason they were so certain of her murder and charging the accused fairly quickly. But we will have to wait and see if a lot more comes out in the court case

 

[BoysTown]

My thoughts are the police have video, photos of the accused murderer and Samantha, dead on the day she disappeared, another reason they were so certain of her murder and charging the accused. But we will have to wait and see if a lot more comes out in the court case

I agree with you. Being a 22 year old, I would guess he shared something highly incriminating with someone.

 

[BreakingNews]

If the accused pleads guilty on 8 August, he will be sentenced and we may never know any more than we do now.

If the accused pleads not guilty then 8 August will just be the beginning. The actual trial probably won't be for a year or so.

 

[Dotta]

If the accused pleads guilty on 8 August, he will be sentenced and we may never know any more than we do now.

I don't think so.

Justification for the sentence provided by Judge while sentencing explains the factual basis of the sentence,
including:

- the assessment of evidence,
- the legal basis of the sentence
- circumstances taken into account when imposing the penalty.

All these are made public.

JMO