Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #11

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desperate search continues for a mother-of-three who vanished without a trace after heading off on a 20km run during a heatwave.

Samantha Murphy, 51, was last seen leaving her home on Eureka Street in Ballarat East, about 100km northwest of Melbourne, at 7am on Sunday.

It's understood she was planning to run through the Canadian State Forest and was captured on CCTV wearing a brown singlet and black half-length leggings.

The mother-of-three has now been missing for almost 36 hours

Her 'upset and concerned' family hold grave concerns and described her disappearance as out of character.
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IMPORTANT

Effective with the arrest in this case, sub judice is in effect and will be until a trial has concluded. For anyone not familiar with the judicial principle of sub judice, please review the following.

WS is based in the USA but we do try to manage the various discussions to comply with laws of other countries.

As this trial is in Australia, the case is under sub judice so please avoid anything that violates the following principles:

Basically anything that may prejudice the accused’s right to a fair trial
Any suggestion, opinion, or direct accusation that the accused is either guilty OR innocent
(i.e. the accused cannot be called "the killer"; use "the accused", "the alleged killer", or "the defendant")
A defendant’s previous history of any offences is off limits
Scandalizing the court (disparaging judges, lawyers, any officer of the Court) is off limits
Broadcasting anything about proceedings which happen in the jury's absence is off limits
Any non compliance with an Order of the court is off limits

Note in the event of an Appeal subsequent to verdict:
Appeals are usually heard by senior judges who are not likely to be influenced by the media, therefore responsible comment is usually considered acceptable once a trial has concluded, regardless of if there is going to be an appeal.

Posts that are determined to constitute a violation of sub judice will be removed. To avoid this, please review the following from the Victoria Law Reform Commission and post accordingly:
10. Sub judice contempt: restricting the publication of prejudicial information
 

Please continue here.
 
Post in thread 'Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #10' 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

Whilst this does sound wonderful, it also brings me cult vibes. Cults can generally start out with good intent, but can attract lost souls, and the leader becomes either power or money hungry and it all goes downhill.

Maybe society has just too far gone, and it's ingrained in some of us to be evil and power hungry? Or is that just the cynical side of me coming out?
 
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This is an example of what is wrong with out judicial system:


It is paywalled, but says that Victorians between 12-17 (12!!!!) breach bail every 3 hours, equating to 2770 times last year.

This paywalled article also shows how much society and the legal system needs to change:


It states that one of the state’s worst child offenders – a 14-year-old boy living in state care – is accused of carrying out six armed robberies in as many hours after being bailed and having close to 400 charges dropped because of his age.

How do we expect our young people to learn, and fear repercussions when there are essentially none? Where are the disincentives?

 
This is an example of what is wrong with out judicial system:


It is paywalled, but says that Victorians between 12-17 (12!!!!) breach bail every 3 hours, equating to 2770 times last year.

This paywalled article also shows how much society and the legal system needs to change:


It states that one of the state’s worst child offenders – a 14-year-old boy living in state care – is accused of carrying out six armed robberies in as many hours after being bailed and having close to 400 charges dropped because of his age.

How do we expect our young people to learn, and fear repercussions when there are essentially none? Where are the disincentives?

Yep, I know of 2 Dr's who were recently robbed at knife point in their home by teenagers who were caught & are out on bail ( I wouldn't be surprised if they were already on bail !)

The legal system needs to change, juveniles are running riot knowing there is little consequences IMO
 
Yep, I know of 2 Dr's who were recently robbed at knife point in their home by teenagers who were caught & are out on bail ( I wouldn't be surprised if they were already on bail !)

The legal system needs to change, juveniles are running riot knowing there is little consequences IMO
And to think these are our future adults, the next generation. :(
 
Post in thread 'Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #10' 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

Whilst this does sound wonderful, it also brings me cult vibes. Cults can generally start out with good intent, but can attract lost souls, and the leader becomes either power or money hungry and it all goes downhill.

Maybe society has just too far gone, and it's ingrained in some of us to be evil and power hungry? Or is that just the cynical side of me coming out?
Fair point. I most certainly see your concerns re the potential danger of cults developing in this kind of context (even though this is actually diametrically opposite to the ideals encompassed in my vision). I acknowledge I am an idealist, and the unfortunate reality is it’s very easy for anyone with corrupt or untoward intentions to sour anything. I tend to agree that as cynical as it may sound, some people, systems and processes are very far gone, and will take a lot of work to reshape and reinvent…. :rolleyes: :oops: :(

JMO
 
Where exactly was this search?

The police don’t have to publicly disclose if anything was found during searches.
Were they open about the phone being found because the media forced their hand and/or because they knew it could unsettle PS enough to finally make a move?

Does all of the time, resources and energy spent on searching get factored into sentencing deliberations?
 
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The Specimen Hill Mine

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Does the police have any data showing that PS's car travelled specific distances and visited certain locations? It seems plausible that he could have gone much farther than the suspected areas, where it’s believed he might have hidden Samantha's body (allegedly, of course).

Given this possibility, can the police consider searching other locations, such as Hepburn National Park? This area could be worth exploring not only because of the mines that provide easier access but also because the further the body is from the crime scene, the less likely it is to be the focus of immediate police investigations. JMO
 
Where exactly was this search?

The police don’t have to publicly disclose if anything was found during searches.
Were they open about the phone being found because the media forced their hand and/or because they knew it could unsettle PS enough to finally make a move?

Does all of the time, resources and energy spent on searching get factored into sentencing deliberations?
We don't know If he put the phone there, If police can't link him to the dam or phone, it means that someone else is involved, we also don't know if he's actually talking to police. Police certainly won't be letting the media know anything, unless they want to for a reason and for safety, especially If they are watching anyone else. We don't know for sure If the court date will go ahead, it could get delayed
 
The Specimen Hill Mine

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View attachment 509708 View attachment 509710

Does the police have any data showing that PS's car travelled specific distances and visited certain locations? It seems plausible that he could have gone much farther than the suspected areas, where it’s believed he might have hidden Samantha's body (allegedly, of course).

Given this possibility, can the police consider searching other locations, such as Hepburn National Park? This area could be worth exploring not only because of the mines that provide easier access but also because the further the body is from the crime scene, the less likely it is to be the focus of immediate police investigations. JMO
The possibilities feel endless, however from my understanding the searches we’ve known about have stayed quite local. May the phone data be proving very, very helpful.
 
We don't know If he put the phone there, If police can't link him to the dam or phone, it means that someone else is involved, we also don't know if he's actually talking to police. Police certainly won't be letting the media know anything, unless they want to for a reason and for safety, especially If they are watching anyone else. We don't know for sure If the court date will go ahead, it could get delayed
What would cause the court date to be delayed?
 
We don't know If he put the phone there, If police can't link him to the dam or phone, it means that someone else is involved, we also don't know if he's actually talking to police. Police certainly won't be letting the media know anything, unless they want to for a reason and for safety, especially If they are watching anyone else. We don't know for sure If the court date will go ahead, it could get delayed
We know almost nothing about this case. Police have not leaked a single piece of evidence that the accused is guilty. This remarkable compared to the US where something would have leaked by now.
 
But it is only preliminary/pre-trial Court sitting, no?
With G or NG plea.
And possibly deciding on the date of proper trial.

Well, that is my understanding.

JMO

Yes, it is only a Committal Mention. I don't think it can be delayed (or not by very much) as there is a time limit in which it must be held.

After the Committal Mention comes a Committal Hearing, or a Sec 198 hearing instead, then the trial. A trial is a long way off, more that a year at least. imo

Sometimes there are even more Mentions before a trial, depending on what matters need to be settled between the parties prior to a trial.

  • A committal mention must be held within 6 months after the commencement of the criminal proceeding for the offence (section 126(1)(b) of the CPA). An exception applies if the matter relates to a sexual office, in which case a committal mention must be held within 3 months after the commencement of criminal proceedings (section 126(1)(a) of the CPA).
 
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