GUILTY Australia - Terence Darrell Kelly, charged w/ abduction of 4 y.o., WA, 16 Oct 2021 #2

[Marg944]

Found last week's photo of TK's car parked there....

November 10, 2021 — 8.51am

WA Police still working on theory CS’s accused abductor acted alone

 

[Marg944]

CS case: lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos
Senior lawyers have questioned whether the alleged abductor of CS can have a fair trial by jury after after blanket media coverage that included the accused, Terence Kelly, being shown barefoot and shackled while being transported to prison.
Legal experts say the images showing the shackles were “entirely prejudicial” and human rights advocates say the use of leg shackles as a routine part of transporting an accused person, particularly an Aboriginal man, should be challenged.
Kelly, a 36-year-old from Carnarvon in Western Australia, was photographed two days after his arrest in leg irons and handcuffs, with no shoes on, being ferried to a plane by police for a flight to Perth.
The WA Department of Justice said the use of shackles was a “routine” practice to ensure “the safe and secure movement of prisoners”.

But even without the publication of pictures of him, the extent of the media coverage on the case has made Kelly effectively “untriable”, said Perth barrister Tom Percy QC.
The amount of hatred and enmity generated toward him already in the public domain would make trial by jury almost an impossibility,” he said.

lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos

 

[Ozgal]

Photo in this news article, dated Nov 13 shows that TK's car is not there. Which is very odd, I would have thought that would have made news if it was removed?

Family/friends may have moved it some where safe, so it didn't get destroyed or stolen.

Also in the article it's mentioned that it wasn't the car TK was driving when arrested. I wonder why more hasn't been released about the car TK was using, considering LE are still wanting people to come forward with information in regards to TK.

A Mazda SUV in Mr Kelly’s driveway was also examined and tagged with “evidence” stickers.

The vehicle is not understood to be the car police allege Me Kelly was in when he was arrested 11 days ago.

 

[Estelle]

CS case: lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos
Senior lawyers have questioned whether the alleged abductor of CS can have a fair trial by jury after after blanket media coverage that included the accused, Terence Kelly, being shown barefoot and shackled while being transported to prison.
Legal experts say the images showing the shackles were “entirely prejudicial” and human rights advocates say the use of leg shackles as a routine part of transporting an accused person, particularly an Aboriginal man, should be challenged.
Kelly, a 36-year-old from Carnarvon in Western Australia, was photographed two days after his arrest in leg irons and handcuffs, with no shoes on, being ferried to a plane by police for a flight to Perth.
The WA Department of Justice said the use of shackles was a “routine” practice to ensure “the safe and secure movement of prisoners”.

But even without the publication of pictures of him, the extent of the media coverage on the case has made Kelly effectively “untriable”, said Perth barrister Tom Percy QC.
The amount of hatred and enmity generated toward him already in the public domain would make trial by jury almost an impossibility,” he said.

lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos

Fair enough. So will it be a Judge-only trial?

 

[JLZ]

Fair enough. So it will likely be a Judge only trial then.

The objection to routine shackling is fair enough but I'd be surprised if the publicity is sufficiently prejudicial to make him untriable by jury. The case is high profile because of the nature of what's happened. Is the court to concede that any crime bad enough to generate hatred and enmity can only be tried by judge alone?

 

[Estelle]

Family/friends may have moved it some where safe, so it didn't get destroyed or stolen.

Also in the article it's mentioned that it wasn't the car TK was driving when arrested. I wonder why more hasn't been released about the car TK was using, considering LE are still wanting people to come forward with information in regards to TK.

A Mazda SUV in Mr Kelly’s driveway was also examined and tagged with “evidence” stickers.

The vehicle is not understood to be the car police allege Me Kelly was in when he was arrested 11 days ago.

IMO could the car AK was driving when he was arrested have been the same car used when CS was abducted? Was the the silver Commodore sedan the car used in both situations?
However, AK's car is a blue Mazda 5 SUV four-wheel drive. Is that correct? If that is correct, then either AK owns both cars or he borrowed one on the night of the abduction and the owner was not aware or there could have been two people in the car on the night of the abduction (TK and the owner of the silver/grey car).

Is this your current thinking?

 

[Estelle]

The objection to routine shackling is fair enough but I'd be surprised if the publicity is sufficiently prejudicial to make him untriable by jury. The case is high profile because of the nature of what's happened. Is the court to concede that any crime bad enough to generate hatred and enmity can only be tried by judge alone?

The Australian judiciary is well known for its lack of diversity. Because of this, is there a potential for judge-only trials to lead to biased decisions against certain minorities? In cases involving Indigenous people in Australia, it would be worth considering having Indigenous lay assessors similarly accompany judges who sit alone on trials.

 

[BreakingNews]

CS case: lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos
Senior lawyers have questioned whether the alleged abductor of CS can have a fair trial by jury after after blanket media coverage that included the accused, Terence Kelly, being shown barefoot and shackled while being transported to prison.
Legal experts say the images showing the shackles were “entirely prejudicial” and human rights advocates say the use of leg shackles as a routine part of transporting an accused person, particularly an Aboriginal man, should be challenged.
Kelly, a 36-year-old from Carnarvon in Western Australia, was photographed two days after his arrest in leg irons and handcuffs, with no shoes on, being ferried to a plane by police for a flight to Perth.
The WA Department of Justice said the use of shackles was a “routine” practice to ensure “the safe and secure movement of prisoners”.

But even without the publication of pictures of him, the extent of the media coverage on the case has made Kelly effectively “untriable”, said Perth barrister Tom Percy QC.
The amount of hatred and enmity generated toward him already in the public domain would make trial by jury almost an impossibility,” he said.

lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos

Re shackles. In Queensland I have witnessed 10 people shackled in drug/stolen property raid being watched over by uniform police while detectives searched for more offenders and drugs. Only 1 was transported in shackles. <modsnip>

 

[Marg944]

TRIAL BY JUDGE ALONE: IS IT POSSIBLE AND IF SO, IS IT PREFERABLE?
In recent years, there have been numerous high profile criminal defendants across Australia that have been the subject of intense media coverage, including Gerard Bayden-Clay, Adrian Bayley, Robert Hughes and Cardinal George Pell.In Western Australia, there was a veritable media frenzy during the trials of Lloyd Rayney, Francis Wark and now, the alleged ‘Claremont serial killer’ Bradley John Edwards.

Invariably, the accused in these cases is discredited, encumbered by ignominy and highly unlikely to attract any sympathy – until and unless, of course, they are found not guilty, in the style of Lindy Chamberlain.

In an age of search engines and social media, the likelihood of prospective jurors being exposed to prejudicial publicity in the lead-up to a trial has never been greater.1 The spectre of an “unfair” trial is therefore a very real fear for a person who intends to plead not guilty in a high profile case.

Trial by judge alone, however, is not available in all jurisdictions. For example, it is not offered in Victoria – and will therefore not an option for Cardinal George Pell – and it is not available if an accused has been tried with a Commonwealth offence (such as drug importation, or anti-terrorism laws).

In Western Australia, it is only available in limited circumstances and an applicant must convince the Court that it is in the interests of justice to have a trial by judge alone.

Interestingly, either the Accused or the DPP can make the application, but the Court will only allow the application if the Accused consents to the application made by the DPP.

The Court will also only allow a trial by judge alone before the identity of the trial judge is known (so an Accused doesn’t go ‘judge shopping’) and if Court accepts that:

• The length, or complexity, of the trial would be unreasonably burdensome; or
• There would likely to be some form of intimidation or threat to the jurors.

Further, a Court will not allow a trial by judge alone if the Court believes that the trial involves a matter that needs the application of an objective community standard, such as the consideration of what constitutes negligence, dangerousness or indecency.

Notably, however, recent research suggests that there is little clear empirical evidence to suggest judges are significantly more capable than jurors of putting prejudicial information to one side in decision-making

Accordingly, the decision to make an application for trial by judge alone should be made after careful consideration with the accused’s lawyers and will very much depend on the facts of each individual case.

Trial By Judge Alone: is it possible and if so, is it preferable? – Chelmsford Legal

 

[Mrs G Norris]

The Australian judiciary is well known for its lack of diversity. Because of this, is there a potential for judge-only trials to lead to biased decisions against certain minorities? In cases involving Indigenous people in Australia, it would be worth considering having Indigenous lay assessors similarly accompany judges who sit alone on trials.

Whether it's a jury or judge the facts are the facts, and they should follow the letter of the law. In regards to judge only trial I imagine they would be even more likely to err on the side of the defendant because if there is an appeal it is embarrassing for the judge. So if I was his lawyer, I'd be trying to negotiate a plea of guilty, and if he wasn't interested and wanted to go to trial then I would then be trying for a judge only trial as I think that would bring about the best outcome for him. When it comes to sentencing this will be a matter for the judge let's hope they are not too lenient based on the nature of the crime and a need to protect the community and act as a deterrent and nothing else.

I don't agree with indigenous lay assessors accompanying a judge at trial, because the only role for them being there would be to influence the court, and the only thing influencing him should be the law itself.

 

[Marg944]

An example of when a trial by jury can change things:-

Court of Appeal cuts AB's sentence by three years

July 13, 2016 — 1.30pmfirst published at 10.31am
The man who murdered JM has had a subsequent rape conviction quashed and his jail term cut by three years after the Court of Appeal found a trial judge erred in allowing a jury to hear crucial identification evidence.

Judge Erred in Allowing Jury to Hear Identification Evidence

 

[PinkPower]

Whether it's a jury or judge the facts are the facts, and they should follow the letter of the law. In regards to judge only trial I imagine they would be even more likely to err on the side of the defendant because if there is an appeal it is embarrassing for the judge. So if I was his lawyer, I'd be trying to negotiate a plea of guilty, and if he wasn't interested and wanted to go to trial then I would then be trying for a judge only trial as I think that would bring about the best outcome for him. When it comes to sentencing this will be a matter for the judge let's hope they are not too lenient based on the nature of the crime and a need to protect the community and act as a deterrent and nothing else.

I don't agree with indigenous lay assessors accompanying a judge at trial, because the only role for them being there would be to influence the court, and the only thing influencing him should be the law itself.

I agree with this. Also, imo, judges are very aware of issues pertaining to minority groups, and are sympathetic and fair in sentencing where there is hardship.

 

[Marg944]

Was thinking about Channel 7 wrongly identifying Mr Kelly.............

Historic Media Fines

In 2017, Yahoo!7 was fined $300,000 for contempt after it published social media material about a victim and the accused. The publication forced the jury in a murder trial to be discharged.

Two ABC journalists were convicted of identifying a rape victim in radio broadcasts in 2007. They and their employer were later ordered to pay her $234,190 in damages in a civil suit for the invasion of her privacy among other injuries.

Media Fines

 

[Mary210179]

Yes, but at the same time if the intention was trafficking all of these charges would apply if nothing nefarious was found other than the charges you mentioned here. I still cannot get over how calm this child was when rescued. I was thinking that charges of a nefarious nature would be levelled but LE hasn't said anything. It could be to protect the child's future that they haven't said anything. If this is part of some trafficking ring the public should know IMO. I appreciate that the child is being protected by not mentioning other charges if nefarious. There must be a way for the public to know if there is maybe a connection to a trafficking ring for safety sake.

I believe that since CS wasn’t actually officially trafficked it will be a much longer process for investigators to piece together enough evidence for a separate charge to be added, if in fact this was his intent at all.
Little ones photograph was run through a program designed to match images on the dark web with victims according to one news source I read, so they definitely put some effort into the theory.
Time will tell.

The accused clearly knew his way around a computer rather well if reports that he was running multiple accounts under different names in order to build a fake persona of a family man and good father are true.
It should be noted that this tactic is commonly used by predators to convince would be victims of their identity as ‘safe’ to meet with outside the Internet.

I still think it’s a good possibility he had something more nefarious planned for CS.

 

[Marg944]

November 14, 2021 - 8:00AM

Team of officers patrolling Carnarvon streets and alleged abductor Terence Darrell Kelly's home fearing attacks
Western Australia Police revealed a "dedicated" team of officers are patrolling the surrounding streets of the alleged kidnapper of CS's home, fearing attacks to his property.
A team of officers have been tasked with closely monitoring and protecting the home of CS's alleged abductor fearing looters and reprisal attacks.
Police patrols 24 hours a day, seven days a week are being conducted across the town. Carnarvon Acting Officer in charge Senior Sergeant Lindsay Collett said a "dedicated" team was solely focused on protecting Kelly's home.

A team of officers have been tasked with closely monitoring and protecting the home of CS's alleged abductor fearing looters and reprisal attacks

 

[Ozgal]

IMO could the car AK was driving when he was arrested have been the same car used when CS was abducted? Was the the silver Commodore sedan the car used in both situations?
However, AK's car is a blue Mazda 5 SUV four-wheel drive. Is that correct? If that is correct, then either AK owns both cars or he borrowed one on the night of the abduction and the owner was not aware or there could have been two people in the car on the night of the abduction (TK and the owner of the silver/grey car).

Is this your current thinking?

Yeah the car situation just doesn't sit right with me. You have his blue Mazda sitting under carport with no numberplates and the amount of cobwebs on the back window IMO hasn't been driven for a while. Yes he could've easily drove that car without number plates, but he had to drive on a highway which is normally at a speed of 100km/ph, so the cobwebs would've been disturbed by the travelling wind and they appear to not have been disturbed IMO.

But then we had the neighbour Henry Dodd and others who said TK drove the blue Mazda and TK was driving up and down checking on his house and they said TK use to park his car the same way like It was under the carport.

The taxi dashcam footage is a sedan of some sort, make and colour can't really be pinpointed as the footage is way to poor.

So yeah what car was TK driving before, at the time and after the abduction. Why has media not reported more of this car? Was it a borrowed car and he acted alone? Or was the person who owned the car with him on the night TK took CS?

On the last day Det. Blaine was in Carnarvon and heading back to Perth, he said to the media once again that if anyone had seen or had interactions with TK in those 18 days CS was missing to contact Police. Police have constantly asked for dashcam or security camera footage. So why haven't LE specifically asked for footage of the supposed car that TK may have or was driving before, during and after the abduction?

 

[Estelle]

Have I got this right? The duplex neighbour owns a silver Commodore. This car may or may not have been involved on the night of the abduction as well as the night of the arrest.

IIRC this neighbour spoke well about TK - about his being a good neighbour, seeing him in the backyard at night, TK looks after his place when he is away, he hadn't heard anything from TK's place since the abduction, he was away the week before TK's arrest and had other people staying there then. All in all a positive report. Is this guy married?

I have searched for a link to the meia report but could not find it. Can anyone give me the link please?

 

[Ozgal]

Have I got this right? The duplex neighbour owns a silver Commodore. This car may or may not have been involved on the night of the abduction as well as the night of the arrest.

IIRC this neighbour spoke well about TK - about his being a good neighbour, seeing him in the backyard at night, TK looks after his place when he is away, he hadn't heard anything from TK's place since the abduction, he was away the week before TK's arrest and had other people staying there then. All in all a positive report. Is this guy married?

I have searched for a link to the meia report but could not find it. Can anyone give me the link please?

A silver car was photographed in the driveway of the other duplex tenant, but it could've been anybody's car.

No exact car model/make/colour has been publicly identified about the car TK was in when arrested from what I've read or seen. There is only the taxi dashcam footage which is very unclear.

I think the talk about a silver Commodore possibly being involved is just pure speculation IMO.

Here is a news video of the tenant talking

Log into Facebook

 

[BreakingNews]

TRIAL BY JUDGE ALONE: IS IT POSSIBLE AND IF SO, IS IT PREFERABLE?
In recent years, there have been numerous high profile criminal defendants across Australia that have been the subject of intense media coverage, including Gerard Bayden-Clay, Adrian Bayley, Robert Hughes and Cardinal George Pell.In Western Australia, there was a veritable media frenzy during the trials of Lloyd Rayney, Francis Wark and now, the alleged ‘Claremont serial killer’ Bradley John Edwards.

Invariably, the accused in these cases is discredited, encumbered by ignominy and highly unlikely to attract any sympathy – until and unless, of course, they are found not guilty, in the style of Lindy Chamberlain.

In an age of search engines and social media, the likelihood of prospective jurors being exposed to prejudicial publicity in the lead-up to a trial has never been greater.1 The spectre of an “unfair” trial is therefore a very real fear for a person who intends to plead not guilty in a high profile case.

Trial by judge alone, however, is not available in all jurisdictions. For example, it is not offered in Victoria – and will therefore not an option for Cardinal George Pell – and it is not available if an accused has been tried with a Commonwealth offence (such as drug importation, or anti-terrorism laws).

In Western Australia, it is only available in limited circumstances and an applicant must convince the Court that it is in the interests of justice to have a trial by judge alone.

Interestingly, either the Accused or the DPP can make the application, but the Court will only allow the application if the Accused consents to the application made by the DPP.

The Court will also only allow a trial by judge alone before the identity of the trial judge is known (so an Accused doesn’t go ‘judge shopping’) and if Court accepts that:

• The length, or complexity, of the trial would be unreasonably burdensome; or
• There would likely to be some form of intimidation or threat to the jurors.

Further, a Court will not allow a trial by judge alone if the Court believes that the trial involves a matter that needs the application of an objective community standard, such as the consideration of what constitutes negligence, dangerousness or indecency.

Notably, however, recent research suggests that there is little clear empirical evidence to suggest judges are significantly more capable than jurors of putting prejudicial information to one side in decision-making

Accordingly, the decision to make an application for trial by judge alone should be made after careful consideration with the accused’s lawyers and will very much depend on the facts of each individual case.

Trial By Judge Alone: is it possible and if so, is it preferable? – Chelmsford Legal

Or he could plead guilty and would have no trial.

 

[5W's]

CS case: lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos
Senior lawyers have questioned whether the alleged abductor of CS can have a fair trial by jury after after blanket media coverage that included the accused, Terence Kelly, being shown barefoot and shackled while being transported to prison.
Legal experts say the images showing the shackles were “entirely prejudicial” and human rights advocates say the use of leg shackles as a routine part of transporting an accused person, particularly an Aboriginal man, should be challenged.
Kelly, a 36-year-old from Carnarvon in Western Australia, was photographed two days after his arrest in leg irons and handcuffs, with no shoes on, being ferried to a plane by police for a flight to Perth.
The WA Department of Justice said the use of shackles was a “routine” practice to ensure “the safe and secure movement of prisoners”.

But even without the publication of pictures of him, the extent of the media coverage on the case has made Kelly effectively “untriable”, said Perth barrister Tom Percy QC.
The amount of hatred and enmity generated toward him already in the public domain would make trial by jury almost an impossibility,” he said.

lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos

I just hope all the media coverage doesn't effect justice for CS. A fair trial for an accused is essential in any case.