Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #38

[sosocurious]

I don't know. Probably. I think Rodney said Spedding was struggling because his business had dried up .. or words to that effect.
Plus the removal of Margaret's grandchildren would have stopped any carers support payments from the govt.

Rodney also said BS was due at 48 Benaroon to fix the washer that morning, as I recall.
Will all these people be called?

 

[purpleandgreen]

There are laws for poorer members of society if they require an attorney in any legal matter obviously, that's why there are public defenders. Why would you object to that?

Because the poor honest working class can’t afford lawyers but don’t qualify, as per my previous post stated clearly . I don’t begrudge it, I just think it needs to be fair. IMO. I could go on, but that’s another issue for another day and not here on William’s thread yet, unless it becomes relevant during the legal processes that might be involved in the future.

 

[purpleandgreen]

Yes, if it is the lawsuit you are speaking of, I believe the lawsuit lawyer would likely be a no win, no pay lawyer.
I think we looked at this before, and Legal Aid does not cover lawsuits.

If that is the case, Spedding and his lawyer will be pushing the media for as much money as possible ... nothing less. imo

That’s what I was wondering- bigger payout for BS, bigger payout for lawyer. I’m sure the media would have excellent representation though, IMO.

 

[sleepinoz]

I'd be very surprised if he got legal aid

Coronial Inquest Unit - Legal Aid NSW

Who we help
Usually, legal aid is provided to a family member or next of kin to the deceased person. In exceptional circumstances, aid might be granted to someone other than a family member.

Yes, if it is the lawsuit you are speaking of, I believe the lawsuit lawyer would likely be a no win, no pay lawyer.
I think we looked at this before, and Legal Aid does not cover lawsuits.

If that is the case, Spedding and his lawyer will be pushing the media for money ... nothing less. imo

I think what we looked at before was that Legal Aid isn't supplied for Defamation Lawsuits, and with what Drsleuth has quoted, it doesn't look like he would be eligible unless he can prove exceptional circumstances.

 

[purpleandgreen]

I think what we looked at before was that Legal Aid isn't supplied for Defamation Lawsuits, and with what Drsleuth has quoted, it doesn't look like he would be eligible unless he can prove exceptional circumstances.

Thanks sleep. I wonder where the $ are coming from then?

 

[Bohemian]

I think what we looked at before was that Legal Aid isn't supplied for Defamation Lawsuits, and with what Drsleuth has quoted, it doesn't look like he would be eligible unless he can prove exceptional circumstances.

I had a look at the Legal Aid website and it doesn’t seem as if defamation torts are covered by their policies at all:

6.3. List of civil matters for which legal aid is available - Legal Aid NSW

 

[Karinna]

Because the poor honest working class can’t afford lawyers but don’t qualify, as per my previous post stated clearly . I don’t begrudge it, I just think it needs to be fair. IMO. I could go on, but that’s another issue for another day and not here on William’s thread yet, unless it becomes relevant during the legal processes that might be involved in the future.

Thankyou for explaining. I thought working class were pretty well paid in Australia around $20 per hour and upwards? My friend's son does factory work and gets $23 an hour doing fibreglassing, so not bad money really. But as you say that topic doesn't really belong here.

 

[Karinna]

I had a look at the Legal Aid website and it doesn’t seem as if defamation torts are covered by their policies at all:

6.3. List of civil matters for which legal aid is available - Legal Aid NSW

Delete.

 

[SouthAussie]

Rodney also said BS was due at 48 Benaroon to fix the washer that morning, as I recall.
Will all these people be called?

I guess it depends on what evidence is in the police files.
If there is ping evidence, eye witness testimony, or CCTV evidence showing that Spedding was not where Colin said Spedding was (because Spedding can be proved to be elsewhere), then I think the more witnesses saying that he told people he was meant to be at 48 Benaroon Drive could be applicable.

 

[SouthAussie]

Thanks sleep. I wonder where the $ are coming from then?

My guess would be ... probably no win, no pay for the defamation suits. Probably Legal Aid for the inquest and the child sex trials.
(Legal Aid for the inquest because it could be deemed an exceptional circumstance that he is a prime POI and could go to a criminal trial if the Coroner recommends that.)

 

[Sillybilly]

This post lands at random.

Websleuths does not tolerate rude and personalizing comments. Some posts have been removed and further posts of such nature WILL result in a minimum 7 day thread reply ban. Please make sure your post is respectful before you hit that submit button or you will be on the outside looking in.

 

[purpleandgreen]

Thankyou for explaining. I thought working class were pretty well paid in Australia around $20 per hour and upwards? My friend's son does factory work and gets $23 an hour doing fibreglassing, so not bad money really. But as you say that topic doesn't really belong here.

Oh are you in America with papertrail? I didn’t realise, sorry, otherwise I’d have specified that I was speaking about Australia. My apologies- systems are different all over the world. I just assumed (obviously wrongly) that you are based in Australia
That explains so many misunderstandings.

The tragedy is, the working class in Australia can’t afford legal representation. You either have to be on what we call the dole (money for not working) or very rich. Us middle class just have to grin and bear it, so to speak. And subsidise those on the dole (pensioners sure. Do deserve this service, though). Yes another topic for another day, but certainly relevant to Spedding.

 

[Bohemian]

My guess would be ... probably no win, no pay for the defamation suits. Probably Legal Aid for the inquest and the child sex trials.
(Legal Aid for the inquest because it could be deemed an exceptional circumstance that he is a prime POI and could go to a criminal trial if the Coroner recommends that.)

I’m not sure about the inquest. It would only be granted if a
public interest test could be satisfied. I’m not sure BS’ appearance at William’s interest is in the public interest per se but in his own.

Anyway, here’s the Legal Aid policy for Coronial Inquests if you can nut it out:

6.12. Coronial Inquests into Deaths - Legal Aid NSW

 

[SouthAussie]

I’m not sure about the inquest. It would only be granted if a
public interest test could be satisfied. I’m not sure BS’ appearance at William’s interest is in the public interest per se but in his own.

Anyway, here’s the Legal Aid policy for Coronial Inquests if you can nut it out:

6.12. Coronial Inquests into Deaths - Legal Aid NSW

Perhaps the public interest would be advanced if Spedding was recommended to the DPP for criminal charges (if the evidence points to that)? And therefore he would warrant Legal Aid supplied representation? (Just a guess.)

We have this culture here that says that everyone deserves representation if a criminal charge could be a result. Even the police have to ask you if you want a lawyer when questioning about a criminal matter.

 

[Bohemian]

Perhaps the public interest would be advanced if Spedding was recommended to the DPP for criminal charges? And therefore he would warrant Legal Aid supplied representation? (Just a guess.)

We have this culture here that says that everyone deserves representation if a criminal charge could be a result. Even the police have to ask you if you want a lawyer when questioning about a criminal matter.

Yeah, maybe but I don’t know much about law or legal aid, never having been questioned or arrested in relation to a criminal matter.

The only thing I can find is this:

4. Criminal Law Matters – when legal aid is available - Legal Aid NSW

I presume that this means once someone is referred to the DPP/charged in relation to a criminal offence as a result of an inquest they then become eligible for legal aid (subject to means and other tests).

 

[purpleandgreen]

Thanks, bo & SA. Hope I never have to find out.

 

[SouthAussie]

Yeah, maybe but I don’t know much about law or legal aid, never having been questioned or arrested in relation to a criminal matter.

The only thing I can find is this:

4. Criminal Law Matters – when legal aid is available - Legal Aid NSW

I presume that this means once someone is charged in relation to a criminal offence as a result of an inquest they then become eligible for legal aid (subject to means and other tests).

Yes, but I think we have to look at what exceptional circumstances could be, as per drsleuths post.

"Usually, legal aid is provided to a family member or next of kin to the deceased person. In exceptional circumstances, aid might be granted to someone other than a family member."

From memory, when Gittany got bail for Lisa's murder, we discovered that exceptional circumstances are on a case by case basis. No real legal framework to follow for them.

 

[purpleandgreen]

Question out of ignorance.

If you delete a nasty post before reporting others, can the mods still see the deleted posts? Would be nice if they could in the interests of fairness. Eg. Bait someone, report their reply but only after you delete your own baiting post.

Very shrewd operation, but surely not in the ethos of the WS we love so much.

Btw, it really is a question out of ignorance, and I sincerely hope, mistaken.

 

[Bohemian]

Yes, but I think we have to look at what exceptional circumstances could be, as per drsleuths post.

"Usually, legal aid is provided to a family member or next of kin to the deceased person. In exceptional circumstances, aid might be granted to someone other than a family member."

From memory, when Gittany got bail for Lisa's murder, we discovered that exceptional circumstances are on a case by case basis. No real legal framework to follow for them.

Yes, I saw Doc’s post. It’s a curly one, isn’t it? Still not sure if BS’ appearance at the inquest is in the public interest versus his own as he was summoned to appear by the Coroner.

btw Didn’t we have a Verified Lawyer posting on Aussie threads at one stage? They sure would come in handy now.

 

[SouthAussie]

Yes, I saw Doc’s post. It’s a curly one, isn’t it? Still not sure if BS’ appearance at the inquest is in the public interest versus his own as he was summoned to appear by the Coroner.

btw Didn’t we have a Verified Lawyer posting on Aussie threads at one stage? They sure would come in handy now.

Exceptional circumstances could be that he is a high profile POI/suspect, and therefore representation at the inquest could be 'warranted'

for him.
Margaret won't 'warrant' free legal representation if she is subpeonaed, I wouldn't think.

I definitely think it would be in the public interest to identify him as a known person for a recommendation that he be charged, if he did this to William. An inquest is about preventing bad/negligent events from happening again.