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

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Rocket333 said:
O M G. Who would fork that out given the current outlook? What a mammoth parental quandary (or not) if they’re funding it
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I could be wrong about the cost. It was just a guestimate. But if he pleads not guilty and it goes to trial, you could see it being drawn out for weeks.

Question: If the accused is found to be NOT GUILTY, do they still foot the lawyers fees or the bill is passed onto law enforcement?
 
ProfCluezo said:
IMO… The law and justice are two separate concepts… and not necessarily positively correlated…. :rolleyes::oops:

Sadly… :confused:
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IMO
The TRUTH will always win.
Sooner or later.
Evidence and facts don't lie.

And it really does NOT matter if one pays with one's home for a top notch lawyer
or
reasonable fees for not so top notch one.

Either someone IS guilty or NOT guilty.
There is nothing relative about this simple truth.

JMO
 
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Dotta said:
IMO
The TRUTH will always win.
Sooner or later.
Evidence and facts don't lie.

And it really does NOT matter if one pays with one's home for a top notch lawyer
or
reasonable fees for not so top notch one.

JMO
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I truly hope you’re right Dotta. :)

I used to think as you do…

But now I’m not so sure…

Life has a tendency to wear down one’s idealism I find…

:rolleyes::oops:

Hopefully JUSTICE will prevail
 
Trooper said:
I suppose, now that he actually is equipped with a barrister, he might apply for bail.

He could not do that before he had a Barrister, because his matter is a Supreme Court matter, and this requires a Barrister to apply to the Supreme Court for bail, ( after getting permission to apply) . HIs local solicitor would not be able to do that. A solicitor is not recognised by the Supreme court to do this,

Very , very , very, very few people charged with murder get bail, and Stephenson has no criteria that fits the possibilities as far as I can see... he is not the sole carer of elderly parents, or the sole providor for small children, or a crucial component of some necessary org... but , Galbally might just float the thing to see if it sinks or stands.

If he did get bail, where would he go? no one is at home at Mum and Dad's, the girlfriends housesitting job has ended...
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If I recall correctly, Patton said at the outset that they would be refusing bail. .. and imo PS possibly feels more comfortable in his current little bubble in the world of remand.

Re his now announced legal representation - how much do you think he’ll divulge to Galbally, even if he is guilty of the murder, as has been alleged ?

From what I’ve heard, it’s pretty rare for people to confess guilt to their legal reps.
Of course the Legal representation must still be carried out even if the Barrister etc is aware of their clients guilt, but they must be very careful not to deceive the court.

I guess we’re seeing defence examples with both Lynn - who says the deaths were accidental - and then he panicked & made a mistake in covering it up ) and Stein who says someone else committed the murder & he unwittingly found himself with a body in the barrel, again he panicked, and made a mistake in covering it up. IMO, those are the stories they’re relayed to their legal team, otherwise their defence would be guilty of deceiving the court.

Just my thoughts
 
Warshawski said:
If I recall correctly, Patton said at the outset that they would be refusing bail. .. and imo PS possibly feels more comfortable in his current little bubble in the world of remand.

Re his now announced legal representation - how much do you think he’ll divulge to Galbally, even if he is guilty of the murder, as has been alleged ?

From what I’ve heard, it’s pretty rare for people to confess guilt to their legal reps.
Of course the Legal representation must still be carried out even if the Barrister etc is aware of their clients guilt, but they must be very careful not to deceive the court.

I guess we’re seeing defence examples with both Lynn - who says the deaths were accidental - and then he panicked & made a mistake in covering it up ) and Stein who says someone else committed the murder & he unwittingly found himself with a body in the barrel, again he panicked, and made a mistake in covering it up. IMO, those are the stories they’re relayed to their legal team, otherwise their defence would be guilty of deceiving the court.

Just my thoughts
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These are fascinating insights and observations Warshawski…

So an alleged crim almost needs a “coach” (and/or a good fiction ghostwriter) to prepare them BEFORE they see their Barrister….? :oops:

This could be a (possible) reason for why PS has only just advised that he has a barrister…?

Perhaps PS has been deep in thought (or counsel) with parties who do not have a duty to not mislead the court…. in preparation for speaking to his barrister ? :rolleyes::eek:

It would be interesting to know who PS has been conversing with…. ;)

And whether barristers in these circumstances operate within a “don’t ask don’t tell” framework…? :oops:

JMO
 
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Scooby-Doo said:
I have a feeling they're in protective custody in another state
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They might just be staying away from Ballarat out of respect for the Murphy family, perhaps to avoid stirring up any unnecessary press or drama before legal proceedings or so the Murphy’s can grieve without having to run into members of the accused’s family at the shops etc.

I’d imagine I’d also need time to process and manage some grief and guilt of my own if I was faced with a child I’d raised being convincingly accused of inflicting such suffering on anyone. I cannot even fathom the sorrow and shame they’d be feeling for something that quite clearly was none of their choice. I really feel for them, almost as much as I feel for the Murphy family. Just a horrible situation for them all and if found guilty, I hope the accused truly has to pay for not only what he is charged with doing to Samantha, but for what he’s put her, and his own family through. Allegedly, IMO etc etc
 
Shadow@light said:
When I moved to Ballarat/ well outside of Ballarat nearly 20 years ago ,we did look at Canadian Forrest and the Suburb, beautiful place however it was too far had only one bus every one hour,I think talking to locals during the Gold Rush there were many Canadian Miners and Families lived and worked . There is a town called Miners Rest, their emblem is a Resting Welsh Miner at the campfire. Soldliers Hill was were the Soldliers were based during Gold Rush.
Wendouree was named after the word of the Indigenious Australians to White Settlers, thought for years to be saying welcome, really means "go Away" or more rudder saying.
Sadly I think Samantha Murphy could be anywhere Ballarat or Outside the Ballarat Zones, there are many State Forrests/ various Wetlands along the rural highways around Ballarat. Even Creeks. There are a lot of old roads, access roads on Farm lands you raised in Ballarat ,you know where they are.
Around the time of her disappearance, we were in a Heatwave and High Bushfire Alert at the time and Bushfires did happen after she vanished. Placed in a high risk fire zone would get rid of her body. There is also a massive Pykes Creek Reservoir out side Ballarat on both sides of the road easy access. Remote hills part of Farming
( IMO, I hate even saying these places where Sam could be. No one deserved to have their lives snuffed. No One deserves to be dump like rubbish.)
I hope Sam Murphy can be found but she can be anywhere.
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God, I hope not Pykes Creek, it's a favourite of mine.
Are you suggesting he allegedly pulled up in the emergency lane of the freeway and dumped her over the edge? That would be a very risky move, there's traffic all hours of the day and night. Or pulled into the park and dumped her somewhere along the water's edge? I believe it's quite shallow on the edges. Short of taking her out in a boat, during opening hours, I don't think she's in Pykes Creek. There are a lot of waterways and bush scrub locations in the Ballarat area alone, let alone further afield. I feel she's in one of those.
 
Rocket333 said:
Implies Galbally was hired by Stephenson and not assigned? I’m hoping so.

“It comes as solicitor Paul Galbally from Melbourne-based law firm Galbally O’Bryan has recently been hired by Patrick Orren Stephenson.”

Major update on Sam Murphy’s phone
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Depending on whether or not it’s written by someone with an understanding of the AU justice system it may be an error/oversight. I see that it’s AU Yahoo but not sure if that means it’s an actual AU version of the site with local reporters.

In the US at least we don’t have the system of barristers/solicitors, and we don’t have the “pool” of barristers that Trooper mentioned. (That’s probably not the right way to describe it, I’m just learning about it myself now thanks to Trooper.) In the US defense lawyers work either as public defenders or have a private practice, so if a defendant has a high profile attorney they are always hired, whereas a PD would be assigned.
 
Dotta said:
IMO
The TRUTH will always win.
Sooner or later.
Evidence and facts don't lie.

And it really does NOT matter if one pays with one's home for a top notch lawyer
or
reasonable fees for not so top notch one.

Either someone IS guilty or NOT guilty.
There is nothing relative about this simple truth.

JMO
Click to expand...
I could not disagree more!

Guilty people walk free (sometimes rightly) and innocent people go to jail all the time. The legal system in most countries is absolutely pay to play. People who can’t afford to mount a vigorous defense are at a huge disadvantage legally and often times it’s easier, cheaper, and a shorter process to plead down to something even if you didn’t do it.

Plus, evidence and facts are fungible and open to interpretation. Almost everything is in controversy in a court of law short of direct video evidence (and sometimes even then).

Unless you’re talking about karmically, in which case, I hope you’re right!
 
pavlovsdaughter said:
I could not disagree more!

Guilty people walk free (sometimes rightly) and innocent people go to jail all the time. The legal system in most countries is absolutely pay to play. People who can’t afford to mount a vigorous defense are at a huge disadvantage legally and often times it’s easier, cheaper, and a shorter process to plead down to something even if you didn’t do it.

Plus, evidence and facts are fungible and open to interpretation. Almost everything is in controversy in a court of law short of direct video evidence (and sometimes even then).

Unless you’re talking about karmically, in which case, I hope you’re right!
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Hmmm....
You paint a grim picture.
What you describe is not Justice at all.

Let's just say
we agree to disagree.

No offence!

PS
I don't believe in Karma.

JMO
 
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