Australia Australia - Marion Barter, 51, missing after trip to UK, June 1997 #8

[Belleandsebastian]

It's hard to say what they actually have on him.
I don't think you can put someone in jail for simply being a fraud.

They can deport him for all the times he lied on Aus immigration applications and for being convicted overseas.
But they can only charge him for his Australian crimes.

The penalty for a fake driver's license is often just a $1000 fine or so.
The penalty for fake passports can be a couple of years to ten years max of jail time.
He took money from GGB but hard to prove, as she gave it to him willingly.
With JO, they'll need to prove he stole title deeds and jewellery, but there's a possibility for 'kidnapped with intent to financially benefit from'.
Similar with Marion, unless they find her remains and can prove he's connected with them.

I think there a much better legal experts here who can give much more accurate and better insight.
Would love to hear what the realistic charges could be

At his age if they could put him away for 10 years that would be a win.

 

[TootsieFootsie]

I imagine there's a few people who might like to see a photo of him in a police car.

 

[SLouTh]

Is it possible that when RB keeps saying saying so adamantly that he didn't commit fraud in Australia that he flew abroad on each of those passports with new names and committed fraud each time overseas????

Hence the reason he kept needing to change his name???? When he returned to Australia??

He did actually admit to fraud in Europe this morning on the stand......

If he has committed a crime like that, it would pay for him to admit it in a Coroners Court as then he would have to be offered a Section 61 - Privilege in respect of self-incrimination

IMO

 

[Samroo]

It's hard to say what they actually have on him.
I don't think you can put someone in jail for simply being a fraud.

They can deport him for all the times he lied on Aus immigration applications and for being convicted overseas.
But they can only charge him for his Australian crimes.

The penalty for a fake driver's license is often just a $1000 fine or so.
The penalty for fake passports can be a couple of years to ten years max of jail time.
He took money from GGB but hard to prove, as she gave it to him willingly.
With JO, they'll need to prove he stole title deeds and jewellery, but there's a possibility for 'kidnapped with intent to financially benefit from'.
Similar with Marion, unless they find her remains and can prove he's connected with them.

I think there a much better legal experts here who can give much more accurate and better insight.
Would love to hear what the realistic charges could be

For any kind of serious sentence, usually up to 10 years, it would need to be proved that some kind of gain was made by him from the fraud or misrepresentation or that it caused another to suffer some kind of loss. So while this seems possible, it depends on the strength of the evidence directly linking his misrepresentations to the losses incurred by any of his alleged victims. Fingers crossed for a lot more evidence!

 

[Passingthru]

So in summing up a part of todays evidence....

RB says he works 6 days a week at the factory and on the Sunday he does the shopping for the factory.....

Then RB says he works at the factory during the week and goes home every weekend to the UK to see his family .... and does the shopping in France for the week ahead for the family on the way home.....

And he either drives using the ferry to / from France or flies via Gatwick...... to get to work at the factory...

Yesterday DDH says RB worked at the factory for periods like 10 days straight and then comes home for 5 days to the UK.......

Have I got that correct????

Wasn’t there also something about the extremely long hours he was putting in, but then he also talked about how sometimes Monique would open the factory for him because he just couldn’t possibly make it in time?

 

[Derleedl]

Did anyone actually see the police in the court room or just going by what Her Honour said re Byron Bay sitting tomorrow?

 

[SLouTh]

Wasn’t there also something about the extremely long hours he was putting in, but then he also talked about how sometimes Monique would open the factory for him because he just couldn’t possibly make it in time?

I don't believe that was Monique, but another female employee that lived close to the factory.... imo

 

[Derleedl]

Can RB be arrested / charged before the Coroner has come to her final conclusion? Not part way through?

If the Coroner comes to the conclusion that a known person has committed a serious offence in connection with the death, fire or explosion, the coronial proceedings must be suspended and the matter referred to the Director of Public Prosecutions who will then decide, independently of the Coroner, whether charges should be laid.

 

[caitlincurious]

Hi everyone, still catching up but:

Re Jane Austen's house and the other one mentioned today - perhaps Marion/Florabella and/or RB under one of his aliases signed visitor books at these locations? They were (and continue to be) very popular, and would often be archived. Maybe that is why such specific places are being named.

 

[Derleedl]

Can RB be arrested / charged before the Coroner has come to her final conclusion? Not part way through?

If the Coroner comes to the conclusion that a known person has committed a serious offence in connection with the death, fire or explosion, the coronial proceedings must be suspended and the matter referred to the Director of Public Prosecutions who will then decide, independently of the Coroner, whether charges should be laid.

Argh, I didn't read it properly - "coronial proceedings must be suspended" - indicating that yes, he can be referred to the DPP midway through CC!

 

[SLouTh]

Its hard to believe looking at him today, that he was such a suave "Romeo" in his day......
Why did he stop at 3 extramarital affairs???? Remembering there are also 3 additional prior wives???? Usually leopards don't change their spots.... IMO

Wonder if any more women will come forward???

 

[mishy66]

Hmmm he said he had a drivers licence in the name FR from Luxembourg and used that to get one in the name of FR in qld!

He has a few

 

[Nnbee]

I remember when the podcast started a few years ago. Each week the new episode would come out and I would think “ wow this is crazy”
Never in my imagination did I think years later we’d been watching a live stream of a suspect on the stand in court.
Just wow.

 

[SLouTh]

Argh, I didn't read it properly - "coronial proceedings must be suspended" - indicating that yes, he can be referred to the DPP midway through CC!

Yes this is correct!
And in such a case, the Coroner clamps it closed very quickly ......

 

[TootsieFootsie]

Do other states do live streams of Coroners Inquests. ?

Thinking about the upcoming Paddy Moriarty Inquest.

Did live streaming to the public start here because of Covid.

 

[Estelle]

Is it legally tactical to get him on something so they can put him in custody if the think they think he is a flight risk, still continue the inquest and go to trial if they find enough other evidence to add to the first charges?

 

[Ponderer101]

bet RB hasn't felt this energized in years!

Btw, mad cow disease first detected in UK in late 1980's so no need to eat French beef in 1982

 

[Estelle]

Could RB have decided to defend himself from now on?

 

[SLouTh]

Is it legally tactical to get him on something so they can put him in custody if the think they think he is a flight risk, still continue the inquest and go to trial if they find enough other evidence to add to the first charges?

I don't believe this is possible with an Inquest ..... (From my understanding of how inquests work....)

But they could confiscate his passport ????..... but who knows how many he actually may have???
IMO

 

[Deleted member 249471]

So I think there are a range of charges they can get him on, that stem from proving RB "purposefully deceived authorities and people with the intent to financially benefit from it". Hence why RB is adamant "there is no reason for changing him names".

In an ideal world, they could form a case that there was "intent to deceive and financially benefit from" EACH time he changed his name or used an alias, which as we know RB had at least 30 aliases.