GUILTY Australia - Jill Meagher, 29, Melbourne, 22 Sep 2012 #5

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  • #921
Hi and welcome gia2 :)

I've said this several times long ago on this thread and will repeat it again. Apart from parole board who have much to answer for, IMO, if local police had taken notice of the NZ nurse's reports, Jill may still be alive. Too late after the event praising them for such a great job in arresting AB.

Edited by me...

http://www.stuff.co.nz/world/australia/7748090/Suspect-said-he-d-kill-me-says-nurse
This is serious stuff Legally Brunette. Well said.:goodpost:
 
  • #922
This was discussed in one of the earlier Jill Meagher threads. It's possible that Bayley could be convicted of murder, regardless of intent. He has admitted to rape, which carries a sentence greater than 10 years, and he caused her death in the course or furtherance of that crime (we assume). I will be very interested to hear what his defense is. If there are any lawyers around, please clarify if I have misunderstood.

Victorian Crimes Act 1958

3A. Unintentional killing in the course or furtherance of a crime of violence

(1) A person who unintentionally causes the death of another person by an act
of violence done in the course or furtherance of a crime the necessary
elements of which include violence for which a person upon first conviction
may, under or by virtue of any enactment, be sentenced to level 1 imprisonment
(life) or to imprisonment for a term of 10 years or more shall be liable to be
convicted of murder as though he had killed that person intentionally.

http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s3a.html

This is correct, I posted the same info ages ago. It says that the accused needn't have the intent (mens rea) for murder to be convicted of the offence in the above circumstances. Thanks for posting again :)
 
  • #923
I completely agree with everything you said in both those posts Bausslols - couldn't have said it better! It is breaking my heart thinking of Tom and the amount of pain and emotional turmoil he's in. He's been so strong and so dignified, I think it would be appalling if an autopsy report, highly disturbing details, and/or footage of the actual kidnapping/attack (that's just insane - you wouldn't do that to a victim's family) were released to the public.

I agree everyone should be protesting on the steps of parliament. It's disgraceful how apathetic people in this country are. Look how long ago Anita Cobby's murder was and our justice system still hasn't been reformed! If ANY case was going to affect change due to the public outcry it would have had to have been that one.

I DO think there needs to be a Royal Commission into WHY a violent serial rapist convicted of 16 rapes was free to walk around the streets with absolutely no surveilance or tracking, or WHY he was even let out in the first place! Bilal Skaf was originally handed down a 55 year sentence for the gang rape of that girl in Sydney. That is the ONLY judge who I've ever seen give an adequate sentence for rape. Unfortunately some other judge overruled that decision on appeal and he got a huge reduction in his sentence.

I think the parole board, Judge Anthony Duckett, the previous judges ruling on his rape sentences, and possibly Vic Pol have A LOT of questions to answer because someone should be giving the Meagher family and Tom a massive payout. It's just UNFATHOMABLE to me that he was walking around a free man! I was livid when I found out, especially when I read Judge Duckett's sentencing remarks and sentence. Disgraceful. There
needs to be a complete overhaul of the judicial system and the parole system. We only recently got the law of provocation removed for christ's sake! The most ridiculous law that has ever existed! (Clearly made by a patriarchal society to excuse the killing of a woman). How insanely archaic is that law?!! Yet James Ramage got away with murdering his wife Julie because of it. He SAID "She provoked me". How on earth can you PROVOKE someone to murder you?!!! She got sick of his violence and abuse and she stood up for herself and hurt his ego in the process. Apparently hurting a man's ego is enough to provoke them to murder you and that's ok. It's excusable. WTF?! I am sick to death of people who can't control their tempers using it as an excuse to get off scott-free on criminal charges, and serious ones at that!

It's time this country stopped treating women and children as second-class citizens, and nowhere is this more apparent than in the judicial system. :banghead::
Well said Sisterwolf.:goodpost:
Great to see posters speaking to the objectification of women, structured into the policies and practice within our society. These need to be challenged or our women and girls will continue to suffer these violent crimes - crimes against the well being of our society.
As one brilliant legal mind and poster said on another forum:
"Violence against, and the objectification of, women is a deep social problem that is only vaguely recognised and addressed despite ridiculous claims that women are somehow mostly 'equal'...Any man who thinks that Australia is a society which has turned the corner and which provides equal opportunities and expectations for women should experience life from a woman's perspective for a while..."[unquote].
I have included this quote as it speaks directly to the structured inequities within our society, in this case, exercised through Parole Board decisions which release such dangerous criminals into our street to repeat violent rape & murder on our women and girls. All of us, women and men need to speak up and challenge our society's inequities, its policies and its practice to address this matter. This will not happen by sitting back and letting someone else do it. We need to voice our opinions to those in authority IMO.
 
  • #924
This is only my second post, so forgive me if this misses the mark on whatever level/s. I've been reading the conversation on this forum for many weeks now; it's felt like a way of bearing silent witness to the outrage of Jill's life being taken from her. In my world there seem few avenues for this sort of attention; I encounter curiosity, grief and avoidance in about equal measure whenever I have raised this socially, so have ceased to do so for several months now... This forum has for me been a very helpful way to encounter others concerned about Jill herself and what happened to her, but also importantly what this event has to say more broadly socially and critically how a society might meaningfully respond to prevent these particular circumstances happening again.

While we will likely never eliminate evil in the world, there does seem to be a strong case for addressing sentencing laws that allow people with lengthy histories of related crime free to continue such practices.

My query relates to how to approach this - I don't have a politician in my pocket to lobby and I live in an electorate where I doubt this would get much traction in any case... I'm a member of GetUp, but it hasn't shown interest in this case or in law and order more generally. That's probably a product of cynicism around politicians using law and order as a populist bandwagon without really addressing the inherent issues, particularly insofar as they relate to women but likely more generally...

I think consciousness raising is vital, and that is clearly taking place here and elsewhere, but I wondered about others thoughts on strategies from there? The comments over the last two posts have been especially pertinent for me in that respect. Jill is not the first nor will she be the last woman treated as though her life had no value - how to respond? The street march was wonderful and empowering, but is that it? I agree in some respects that Parliament House would have been a better destination - guess I'd best get writing to my local member after all...
 
  • #925
Good post, Macca. A couple of points, if I may?

The problem with organizations such as GetUp is that they are inherently political, with GetUp being pretty far left of centre. So trying to get stuff achieved via that route almost instantly alienates at least half of the population just by virtue of the fact that it is perceived as a left-wing organization, whether or not that is actually the case. Same with the Greens. Or ANY political organization - so much of the population is so fed up of anything political, I doubt it would get any traction.

However, those in power and who make the decisions and the laws are .... Politicians!

The thing that controls politicians' behaviour is publicity. It is their lifeblood, the air that they breathe. And votes.

So my suggestion would be to put pressure onto politicians (as well as judges who don't appear to live in the real world, and parole boards which are so anonymous) through the use of media, rather than through political outfits like GetUp. GetUp do a lot of good work and have a lot of good ideas - but don't seem to get much done, if anything.

Cultivating a good media campaign, using professional PR consultants if necessary (which I'm not) to put pressure onto the legislators, the judiciary, the parole boards, etc MAY just have more effect.

How often, after a successful appeal by the prosecution for an inadequate sentence, for example, do we see the original sentencing judge actually reprimanded? We don't. Yet I think they should be. They should be on a warning from the Chief Justice to get real, and if they don't then they should be under threat of losing their position, due to not representing the will of the people. Many of them seem to be so wrapped up in interpretation of the words in law books and precedents that they forget they are actually there to represent the will of the people, and of the peoples' representatives, the parliament.

I have had judges as patients over the years, and apart from one, who was VERY real world and down to earth, they almost seem to live on a different planet where the interpretation of words means everything.

It was pressure from the media that resulted in the Fitzgerald Enquiry in Queensland all those years ago. Also the live cattle trade, the prisoner X saga, the NSW Labor party corruption scandals via Obeid and co, and the list goes on. Without media pressure and the threat of losing votes, politicians by their very nature won't rock any boats or the status quo.

If only a really aggressive media campaign, using 4 Corners, print media, online media, etc could be harnessed and coordinated, then MAYBE something might get done. But it would have to remain apolitical, IMHO. And it would need to be persistent and ongoing - most short term campaigns are storms in a teacup - they fizzle out and people just move on.

Starting with a Royal Commission into the whole system of parole - whether there should even be such a thing, for example - would be a good place to start, followed closely by realistic sentencing, eg taking away a lot of the options from the judges, with more predetermined and prescribed sentencing.

The fundamental problem in Jill's case is actually twofold - that AB could have been able to "game" the system in the first place in order to get out on parole, but also that parole was even an option - he should not have even been able to be eligible given his history.
 
  • #926
I agree with Dr Watson and others. We should try use online social media to our advantage and lobby for some change.

Would anyone be interested in starting a targeted online petition?

I know it sounds like a bucket of more nothing, and it might very well turn out to be just that, but if done correctly, it could actually gain some awareness.

I remember not too long ago some Australian gay marriage lobby group advertised a campaign to "Write to your Local MP". I can't find the link now unfortunately but I remember it being very effective and it garnered a couple hundred thousand responses.

Basically it was a well designed page which allowed the user to firstly select their federal division (and hence their MP), and after they filled in their details (name, postcode etc), the user would be able to submit a pre-written letter (a very good one might I add) regarding gay marriage which would then be sent directly to the MP's ministerial email.

It would have taken a person a solid 10 seconds flat to finish the whole thing start to finish. Maybe 20 if they had to find out what federal division they were in.

If we did the same thing, with a well written letter outlining the problems, and what we want done about it. I'm sure it *might* be a good campaign.

I'm thinking though, instead of the letter just being sent to the Federal MP, it also gets sent to the person's Federal Senator, State MP, etc, and a maybe some media organisations as well. So one single person filling out one form which takes about 10 seconds will reach around 5 emails or more in one go. (Whether or not this is considered spam, I wouldn't have a clue). But if someone sues us, free exposure right?

There are 150 MPs. If each MP received a mere 100 emails each about this, we can hope they would start to at least talk about it and maybe just one MP with a spine and kick up a stink about it on the floor. Who knows someone in Parliament might even take up our cause and use their contacts in the media to start some trouble.

150 MPs multiplied by a crappy 100 emails means = 15,000 signatures on this petition but I'm sure we can do at least 500,000. This is an issue that affects everyone. We send enough of these to the major media networks, maybe they too will run a story and cause people to demand change.

I think getting the petition/page/letter online would be fairly easy/cheap. We just need someone that can write well and a smart IT person who can rig the form to send to specified emails. Finding out the emails of each MP and Senator at a state and federal level would be somewhat time consuming but all that information is readily available on the internet.

The sort of hard part is getting awareness for this page, but that shouldn't be too hard either, even on a $0 budget.

Check out that RIP Jill Meagher facebook page. https://www.facebook.com/ripjillmeagher?fref=ts this page has almost 300,000 followers! It would take a 5 minutes to contact the admin of this page to get them to post our link (100% certain they'd agree). and then almost immediately we'd be exposed to some 300,000 people. And that's just 1 single page.

I just had a look and coincidentally enough the latest is of a facebook campgain titled "I want Tougher Sentences Introduced For Violent Crimes In Australia". Even that page has some 5000 likes but sadly it has almost no content and won't reach anyone.

And herein lies another point, the letter can't just be another abstract bit of reactionary outrage, it needs to be clear about what the problem is, highlight some examples and give MP's a clear course of what we want to see happen. It can't just be "lets hang all rapists!!!". The make or break part will be the contents of the letter.

The facts are unfortunately on our side. I personally did not know that it was possible for a person to be guilty of rape 16 times, and STILL be allowed back on the streets. It's mind boggling. Most Australians won't know this either, we need to let them know.

In the age of the internet, it is impossible to predict what will catch on and what won't, (remember Kony, SlutWalk?) but there's really only one way to find out.
 
  • #927
Definitely no harm in trying! Lots of sources for signatures. Jill Meagher's facebook page and Sarah Cafferkey to name a few...I think there could be a lot of support if this was done properly!
 
  • #928
Just thought I'd pop this in here for those who may not have read it.

Our rules re...


Organized Efforts- Email Campaigns-Boycotts-Petitions:

Obviously members are free to take up any and all causes that are important to them in an effort to bring about change. But using Websleuths as a platform to promote organized efforts such as email campaigns, boycotts, letter writing,etc. are strictly forbidden without the consent of the forum owners.

Further info is available on the following link...


Rules Etiquette & Information - Websleuths Crime Sleuthing Community
 
  • #929
Just thought I'd pop this in here for those who may not have read it.

Our rules re...


Organized Efforts- Email Campaigns-Boycotts-Petitions:

Obviously members are free to take up any and all causes that are important to them in an effort to bring about change. But using Websleuths as a platform to promote organized efforts such as email campaigns, boycotts, letter writing,etc. are strictly forbidden without the consent of the forum owners.

Further info is available on the following link...


Rules Etiquette & Information - Websleuths Crime Sleuthing Community

fair enough not to use websleuths...plenty of options on facebook though...suggest we take it off-line from here.
 
  • #930
Hi everyone,
I'm a newbie (this is my first post!) but wanted to thank you for providing such insight into this case. I've been lurking for a long time and have had so many 'what it's' as well. This case has affected me beyond belief, I've trailed through all the CCTV footage and just wish there was a camera that could have saved her in some way. (I suppose they caught the perpertrator because of it)

Part of me wants to know the full details, yet alot of me doesn't. I read the Anita Cobby book many years ago and couldn't sleep for weeks after it particularly the graphic detail of it all. I'm torn as to what detail should be released however after reading this forum, I was curious as to what AB had allegedly done to previous victims that was released in a magazine iykwim?

I knew little Darcey Freeman (Westgate Bridge tragedy in 2009) and both her parents. And I remember at the time being really frustrating with the detail that was released to the media more so because of the impact it had on Darceys family and that there are things that should be private.

What I don't agree with is AB allegedly having a say in what will be released and what won't be? Not sure if that info was correct?

Anyway looking forward in reading more, you've all certainly helped me clarify my thoughts :)
 
  • #931
Hi everyone,
I'm a newbie (this is my first post!) but wanted to thank you for providing such insight into this case. I've been lurking for a long time and have had so many 'what it's' as well. This case has affected me beyond belief, I've trailed through all the CCTV footage and just wish there was a camera that could have saved her in some way. (I suppose they caught the perpertrator because of it)

Part of me wants to know the full details, yet alot of me doesn't. I read the Anita Cobby book many years ago and couldn't sleep for weeks after it particularly the graphic detail of it all. I'm torn as to what detail should be released however after reading this forum, I was curious as to what AB had allegedly done to previous victims that was released in a magazine iykwim?

I knew little Darcey Freeman (Westgate Bridge tragedy in 2009) and both her parents. And I remember at the time being really frustrating with the detail that was released to the media more so because of the impact it had on Darceys family and that there are things that should be private.

What I don't agree with is AB allegedly having a say in what will be released and what won't be? Not sure if that info was correct?

Anyway looking forward in reading more, you've all certainly helped me clarify my thoughts :)

Hi Dons:seeya:

If you are in Melbourne Vic.... we did not get to see the mag article that was in a very famous monthly mag ( which used to be weekly back in the day!)
This was due to a suppression order at the time that was granted by a judge.

I am a bit sketchy as to what happened at the committal hearing and the part that AB was deciding what was made public, you think his legal team would say nothing is aloud.

On a more personal note for you, I was greatly effected by poor little Darcy and her tragic terrifying story... my daughter is just a year younger, such horror she and her brothers went through, her story like Jill's will stay with me always.... and even though a few years have past it is still very raw, and I shed tears and get angry, It will NEVER make sense. I do wish Darcy's mum and brothers well.... gosh life would be unbearable without that little girl in their lives.
 
  • #932
If you are not in Vic you could probably find the magazine at the library. I can't remember which issue it was, though. Sorry I can't bring myself to type what I read. I only remember very little (and wish I didn't remember!)
 
  • #933
Thanks snoobysnack I am from Melbourne. :blushing:

I think all of Melb were affected by poor Darcey and it took 18mths of counselling to remove images from my head (I wasn't a witness) but knowing the family well it was horrendous. I also learnt how important things you say and don't say on social media that can affect a trial. But justice took its course which we were so relieved it did....(I still wish it was life with non parole)

Getting back to Jill's case I can't imagine what would have occurred. I don't know Brunswick area well so cant comment on why she went the way she did. I just couldn't believe that a complete stranger could do this...vile man. :(
 
  • #934
The cover had Hugh Jackman, I think it was the Nov 2012 issue
 
  • #935
If you are not in Vic you could probably find the magazine at the library. I can't remember which issue it was, though. Sorry I can't bring myself to type what I read. I only remember very little (and wish I didn't remember!)

Nov 2012
 
  • #936
I'm new here, but just wanted to say that from my experience of growing up in an Irish household, "git outta there" is a common phrase in the idiom. It seemed completely feasible to me that Jill Meagher might say this when I first heard it reported - it can have multiple meanings, and a vigorous command to cease activity and to go away are two of them. It may indeed be that she didn't say this, but it's far from unlikely given her heritage. MOO.


Agree, it's an Irish thing. Said it to one of my dogs tonight :)
 
  • #937
Good post, Macca. A couple of points, if I may?

The problem with organizations such as GetUp is that they are inherently political, with GetUp being pretty far left of centre. So trying to get stuff achieved via that route almost instantly alienates at least half of the population just by virtue of the fact that it is perceived as a left-wing organization, whether or not that is actually the case. Same with the Greens. Or ANY political organization - so much of the population is so fed up of anything political, I doubt it would get any traction.

However, those in power and who make the decisions and the laws are .... Politicians!

The thing that controls politicians' behaviour is publicity. It is their lifeblood, the air that they breathe. And votes.

So my suggestion would be to put pressure onto politicians (as well as judges who don't appear to live in the real world, and parole boards which are so anonymous) through the use of media, rather than through political outfits like GetUp. GetUp do a lot of good work and have a lot of good ideas - but don't seem to get much done, if anything.

Cultivating a good media campaign, using professional PR consultants if necessary (which I'm not) to put pressure onto the legislators, the judiciary, the parole boards, etc MAY just have more effect.

How often, after a successful appeal by the prosecution for an inadequate sentence, for example, do we see the original sentencing judge actually reprimanded? We don't. Yet I think they should be. They should be on a warning from the Chief Justice to get real, and if they don't then they should be under threat of losing their position, due to not representing the will of the people. Many of them seem to be so wrapped up in interpretation of the words in law books and precedents that they forget they are actually there to represent the will of the people, and of the peoples' representatives, the parliament.

I have had judges as patients over the years, and apart from one, who was VERY real world and down to earth, they almost seem to live on a different planet where the interpretation of words means everything.

It was pressure from the media that resulted in the Fitzgerald Enquiry in Queensland all those years ago. Also the live cattle trade, the prisoner X saga, the NSW Labor party corruption scandals via Obeid and co, and the list goes on. Without media pressure and the threat of losing votes, politicians by their very nature won't rock any boats or the status quo.

If only a really aggressive media campaign, using 4 Corners, print media, online media, etc could be harnessed and coordinated, then MAYBE something might get done. But it would have to remain apolitical, IMHO. And it would need to be persistent and ongoing - most short term campaigns are storms in a teacup - they fizzle out and people just move on.

Starting with a Royal Commission into the whole system of parole - whether there should even be such a thing, for example - would be a good place to start, followed closely by realistic sentencing, eg taking away a lot of the options from the judges, with more predetermined and prescribed sentencing.

The fundamental problem in Jill's case is actually twofold - that AB could have been able to "game" the system in the first place in order to get out on parole, but also that parole was even an option - he should not have even been able to be eligible given his history.

Bolded by me. Less than 2 months after Jill was taken from this world, another Victorian lass lost her life in a violent and degrading fashion. SH, the man charged with Sarah C's murder, has much in common with AB, not just their age. Both have more form than Black Caviar. SH's history is worse than AB. He should not have been walking the streets.

You can do a search for statistics showing how many on parole re-offend. If you haven't, it will shock you, particularly some of the offences.

Apart from these comments, I completely endorse everything said by the good doctor. :twocents:
 
  • #938
  • #939
  • #940
The only story in that issue was a Jill related one. No mention of AB and his past.

Did they have two stories in the original?

You must have read a copy printed for Victoria. It was edited.
 
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