Found Alive Australia - Terence Darrell Kelly, charged w/ abduction, 4 y.o. victim found alive, WA ,16 Oct 2021

[SouthAussie]

A lot (all?) of young children's testimony in criminal matters these days is played to the court on pre-recorded video.
They don't subject the young children to the courtroom.
The cross examination of the child's testimony is done prior to trial also, and that video is played to the court.

This is Qld's ruling ... but I think most/all states might be the same.

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The examination-in-chief of a child witness is conducted by police officers, usually at the police station. The conversation is recorded as a video so that the child can be seen, and the evidence heard clearly. This is called a Section 93A statement. This recorded statement is then played in court as the evidence in chief, rather than the prosecution eliciting that evidence on the day of trial.

The evidence-in-chief of a child witness is much more relaxed, so as to limit the trauma suffered by the child. The Section 93A statement recording will likely include discussions that are not relevant to the criminal proceedings but are to get the child comfortable talking to the interviewer. This is not the same for adult witnesses, and such questioning would otherwise be objected to for lack of relevance.

Cross-examination is also done prior to the trial and is usually conducted by closed-circuit television. This child is hidden away from the courtroom in a separate room. The Judge, prosecution, defence lawyers and the accused sit in the courtroom, with the child appearing on the court’s television. The camera is set up so that the child witness cannot see the accused.

During any of the video recordings, the child witness can take as many breaks as he or she requires. This is again to minimise any discomfort felt by the child.

Child Witnesses in Criminal Matters (Qld) - Go To Court

 

[Cagney&Lacey]

I’m not buying that this room with all the dolls is actually TK’s. Yes the Daily Mail claims it is but the photos and video were simply copied from his FB page. That room with its numerous display stands, what appears to be vinyl flooring and crown moulding does not gel with TK’s house.

IMO The photos and videos were taken by TK at another collector’s place. Possibly when he visited to make a purchase or view the collection. I’ll be surprised if someone doesn’t pipe up on one of the Bratz groups he’s following to say “Oi that’s my joint!”

So yes he’s clearly into his dolls but may not have owned all these. This may not be the room CS was held in. All just MOO

https://www.dailymail.co.uk/news/article-10164271/ Accused-Terry-Kellys-alleged-Bratz-doll-obsession.html?

 

[Cymro2]

So based upon your replies, it is very possible we will never find out what happened to the little girl while she was being held in that house, which I find a bit disappointing but also understandable as the victim is a child.

I'm very much hoping he didn't harm her, but I'm also trying to think realistically, and I personally am not buying the idea that he kidnapped her in order just to be nice to her and treat her like a little princess. I hope I'm wrong, of course.

 

[Kiranerys]

Thank you for posting. In the US, we're used to high profile cases being televised and I was wondering if it would be the same in this matter.

Here in the UK we don't get televised trials. I remember being really suprised at seeing snippets on the news here of O.J Simpsons trial when I was a teenager. Also, after joining websleuths and seeing arrest warrants and affidavit's because we don't get any of that here. No details of crime scenes, sometimes not even the name of the accused. Never the name of a minor even if they are tried as an adult although these are sometimes released after conviction. No prior history for the public or the jury until after the conclusion of a trial. Imagine being on a jury and acquitting someone of child SA and then finding out afterwards they have a string of convictions as long as your arm for exactly that!

 

[AussieEm1984]

Do you think that we'll ever find out whether or not he harmed CS while he kept her hostage? I'm guessing it might never be disclosed (not that we have a right to know anyway).

That’s a good question I don’t have a firm answer for unfortunately. We should have some visibility over what he is charged with (already reported in the media too) plus the status of proceedings and the outcome online through what is published by the relevant court. I’m assuming it will be the Supreme Court of Western Australia. Judgment (sentencing) in these types of matters is not normally published by the courts or if it is, they do so in circumstances where the victim cannot be identified. Unfortunately with this matter the victim is well known so I highly doubt a court will be publishing much. What the media gets its hands on however is another thing.

 

[KittensAugustus]

I would like to know how all of those fake profiles were able to remain on FB. Last year I created a profile for work with my first name and the name of my company as my surname. I used my work email address and real photo and joined my work FB page. Within a week it was taken down as a fake profile.

 

[margarita25]

Accused kidnapper Terence Kelly pictured with children’s dolls

Wow...

 

[Estelle]

I would like to know how all of those fake profiles were able to remain on FB. Last year I created a profile for work with my first name and the name of my company as my surname. I used my work email address and real photo and joined my work FB page. Within a week it was taken down as a fake profile.

It's a mystery, isn't it? I am also shocked that he must have had 30-50?? different email addresses attached to each fake profile plus had to remember all the passwords.

 

[mooseandcoffee]

So based upon your replies, it is very possible we will never find out what happened to the little girl while she was being held in that house, which I find a bit disappointing but also understandable as the victim is a child.

I'm very much hoping he didn't harm her, but I'm also trying to think realistically, and I personally am not buying the idea that he kidnapped her in order just to be nice to her and treat her like a little princess. I hope I'm wrong, of course.

I hope we do not find out that information. Can you imagine being her parents and having that information out about your child?

Many good thoughts for her healing moving forward!

 

[Estelle]

Where could her parents take CS to live away from the stares, whispers, and innuendo?

<modsnip>

My suggestions: A big city like Sydney where they can get lost or an island off the beaten track such as Norfolk Island.

 

[Trooper]

Wow...

Looks like a doll morgue , to me.. ..

 

[SouthAussie]

The Weekend Australian has an extensive article out today.

It may be paywalled for some (Australian gives one free article a month to non-subscribers, though).

Paraphrasing a few things ....

The "run-down" area in which TK lives is known as The Bronx, in Carnarvon.

Four prison riot officers came up from Perth to collect TK, when they flew him out of Carnarvon yesterday.
This squad does not usually transport inmates, but TK was considered high risk due to harming himself twice since being detained.
The Australian was told that his behaviour on Thursday night was so concerning that they were worried about the safety of transporting him to Perth.

He took his dying dog to the vet, and this could have been while he held CS captive.

He is now in a maximum-security prison cell.

(Lots of talk about FB pages and dolls, as well)

accused’s dangerous descent into make-believe

 

[Cymro2]

I hope we do not find out that information. Can you imagine being her parents and having that information out about your child?

Many good thoughts for her healing moving forward!

I understand that and I do agree with you. Its just difficult not to be feeling curious about this rather unique and perplexing case. I'd like to know what his motives were, and I'd like to know if CS remained unharmed. However, at the same time, I realize that it is probably in the best interests of the family that certain information is never disclosed to the public, and ultimately, that matters more than our curiosity.

 

[Estelle]

Looks like a doll morgue , to me.. ..

Looks like a doll room in a toy shop to me.

 

[peanutJelly]

If she was into dolls and princesses, with living in the same town he may have seen her in the toyshop admiring/buying them too. That could be where/how he first noticed her?

 

[BreakingNews]

The judge, don't know who, who ever comes up on the roster, is the person who decides if the little girl testifies. He will speak with her privately, without mum or dad, and make the decision as to whether she is capable, and discerning enough to be questioned. The defendants barrister also will be under tremendous constraints if she is in the witness box, nothing more alienating to his client than him scaring the kid all over again.

To my knowledge, it isn't a matter of the parents not allowing the child to appear. If she is issued a subpoena ( a writ ordering one to court ) that's how it plays. It comes down to the judge, when all is thrashed out.

If she is to appear , it is taken into consideration that the Defendants Barrister is also allowed to question .. and this is where the sticking point may arise, or.. as I suspect in this case, no sticking point at all.

Children as young as 3 or 4 have appeared in court, .. it is a part of the Family Court proceedings, for example, and has happened in criminal trials in AU.. not that it happens every day, but it does happen. Happens all around the world, in one form or the other.. There is provision for it. There is protocol for it, and procedures that oversee the child's welfare at every stage of the matter.

That part will most likely be held in camera..

This bloke is already shouting at people, so it's possible he might be put behind the glass window throughout his trial. Always a possibility.

It will definately be in camera.or sometimes it is agreed by all parties to use her statement. No one wants a child to be subjected to that. Often in these cases they are told that if they plead guilty they get lighter sentence because didn't put child and family the through the trial ordeal. That is his best option.

 

[Trooper]

If she was into dolls and princesses, with living in the same town he may have seen her in the toyshop admiring/buying them too. That could be where/how he first noticed her?

Could be.. Don't know if Bratz were a thing in the family.

The only connection I noticed, and it's so slim, so ephemeral, so wispy, .. he identified as a Catholic,, on his facebook nonsense. And the little girl went to Catholic kindy, or primary bubs..

But he claimed a lot of hoo-haa on those facebook thingy's , that he 'worked hard' ( he was unemployed).. that he had 5 children ( he had none ) that his wife was nearly about to give birth ( no such of a thing at all ) that he was easy going ( he is already shouting at the press ) that he only wanted to work ( non work ) to give stuff to his ( non existent ) babies, and so on and on.

So.. as I say, wispy, ephemeral, beam me up scotty territory.

 

[peanutJelly]

Could be.. Don't know if Bratz were a thing in the family.

The only connection I noticed, and it's so slim, so ephemeral, so wispy, .. he identified as a Catholic,, on his facebook nonsense. And the little girl went to Catholic kindy, or primary bubs..

But he claimed a lot of hoo-haa on those facebook thingy's , that he 'worked hard' ( he was unemployed).. that he had 5 children ( he had none ) that his wife was nearly about to give birth ( no such of a thing at all ) that he was easy going ( he is already shouting at the press ) that he only wanted to work ( non work ) to give stuff to his ( non existent ) babies, and so on and on.

So.. as I say, wispy, ephemeral, beam me up scotty territory.

If the photo is from his house, there are dolls other than bratz including Disney princesses. The media seemed to have really picked up on the Bratz (probably as others have said because they are a more sexualised doll) but if that’s his collection he was in to other brands too

 

[they'll get you]

Aboriginal man wrongly named as CS abductor plans to sue Seven Network

Nyamal man Terry Flowers was at the hospital with his baby when he was told he had been identified by 7 News as a child abductor. He had a panic attack and was so distressed he needed medical treatment.
The man wrongly identified as the abductor of Carnarvon toddler CS by 7 News says he was deeply distressed by the monumental mistake.

Terry Flowers also known by his mother’s name, Kelly, had his photo plastered all over social media yesterday in connection with the case of four-year-old


Aboriginal man wrongly named as abductor plans to sue Seven Network

 

[Trooper]

It will definately be in camera.or sometimes it is agreed by all parties to use her statement. No one wants a child to be subjected to that. Often in these cases they are told that if they plead guilty they get lighter sentence because didn't put child and family the through the trial ordeal. That is his best option.

He , so far, doesn't seem the kind of bloke to take advice..... It would not surprise me, if he wanted centre stage to put his 'rationale' right up into the prosecutor's face.

On the other hand, I thing he will suffer, quite sharply, without his 'family' . Those dolls, the '5 babies'...the 'cousins' ' aunts'. etc. all the 'people' who inhabited his psyche, he was them, he became them , the dolls, the little dogs, have been in a manner of speaking wrenched away suddenly, so he may not have the resilience to overcome that . ...
It could go either way. .. Can he be lifted up medically, into some sort of normal interaction with police and barristers and eventually prosecutors and judges??. I don't know. I suspect not.