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

[SouthAussie]

I thought perhaps some people were not splitting hairs but confused by seemingly contradictory research results.

That is very generous of you, JLZ.

I personally think some pedantry may be occuring. We are so very aware of the Coroner's duties, and how - if the manner and cause of death is deemed a murder - the Coroner will recommend that the DPP charge a specific person(s), if that person is known/recognisable to the Coroner.

 

[papertrail]

The Coroner's role

Clearly states the role of the coroner. Cause and manner of death. Nothing about what they can't say

The Law states exactly what a Coroner can and can't do.

In William's inquest it may well be that certain people's names may be suppressed and evidence given in a 'cleared court'. I wouldnt be surprised to find the outcome will be 'open finding'.

 

[papertrail]

I think you will find that Coroners have a job to do, and that is to determine what has occurred. They can use whatever means the think necessary

As long as the means is lawful.

 

[papertrail]

While what you are saying is technically true, the speculation is very narrow. As narrow as being easily able to pin it down to one perpetrator who is named throughout the proceedings. Counsel assisting the Coroner can make it very clear who they think is responsible for a murder.

For example, when reading the Lyn Dawson inquest report (Friday 28 February 2003), it is blatantly clear who the known person is. He (Chris Dawson) is named and discussed numerous times.

https://theaustralianatnewscorpau.files.wordpress.com/2018/08/2003inquestday5-compressed.pdf

And that is why I feel that it is splitting hairs. The exact same thing may happen in William's inquest. One person may be named and referred to over and over and over by the counsel assisting the Coroner, then the Coroner could make a finding that William is deceased and a recommendation is being put forth to the DPP for the charging of a known person with the crime. It won't take a genius to work out who the known person is.

And the Coroner may make an open finding. There would have to be pretty solid evidence that William is deceased for a Coroner to come to that conclusion.

All hell would break loose if a finding was William was deceased and then he was discovered alive.

We all want William to be found safe and well.

 

[Karinna]

And the Coroner may make an open finding. There would have to be pretty solid evidence that William is deceased for a Coroner to come to that conclusion.

All hell would break loose if a finding was William was deceased and then he was discovered alive.

We all want William to be found safe and well.

Agree, at the moment far as i know he is still a missing child and not a murdered child.

 

[Karinna]

The Law states exactly what a Coroner can and can't do.

In William's inquest it may well be that certain people's names may be suppressed and evidence given in a 'cleared court'. I wouldnt be surprised to find the outcome will be 'open finding'.

BBM,yeah it seems pretty clear from reading about the Coroner's role what that is exactly.
It's not a Trial.

 

[SouthAussie]

Somehow, I don't think an open finding will be occuring.

A Supreme Court ruling has already been made on a presumption and probability that states otherwise. One would think that Justice Brereton had specific reasons - as yet unknown to us - to (sadly ) conclude such a probability.

The significance of the potential jeopardy to Julian’s welfare is diminished by (1) the tragic probability that Julian is no longer alive ........
Case Law - Department of Family and Community Services v Smith [2017] NSWSC 6

However, there will not be any ruling until much later, if at all. I think this first sitting of the inquest is to divulge more info to assist in police investigations.

 

[they'll get you]

I saw the answer in Jubes tie.
Everyone who’s smart knew that.

Learn to read your cat's tail messages

 

[SouthAussie]

I saw the answer in Jubes tie.
Everyone who’s smart knew that.

Learn to read your cat's tail messages

Maybe he will wear that tie to the inquest. Make the Coroner's job a heck of a lot easier.

 

[Bohemian]

Maybe he will wear that tie to the inquest. Make the Coroner's job a heck of a lot easier.

He wore a plain black one to the Directions Hearing. Media blackout

 

[they'll get you]

The tie message was ‘MM’

Yay.

 

[Karinna]

This info. from another CI in NSW in 2015 into a missing person.
(quote)
The role of the coroner and scope of the inquest
5.
The role of the coroner in a case such as this i
s to make findings firstly as to whether the
nominated person is actually dead and only if that
can be established, to make further
findings as to the date and place of death and to t
he manner and cause of death.
2
6.
The decision about whether a person is dead is c
onsidered a “threshold question” in a
missing person case.
3
Given the seriousness of the finding, it is well e
stablished that the
court should apply the Briginshaw standard
4
. The proof of death must be clear, cogent and
exact. At common law, there is a presumption in fav
our of the continuance of life
5
however, it
is not a rigid presumption and the circumstances of
any given case must be carefully
examined before a finding of death can be made

 

[they'll get you]

"We've been hearing a lot of reports lately. For example in Coffs Harbour in Northern NSW and around the Blue Mountains area where dingoes came around a school yard," he said.

Dingoes edge closer to civilisation spurring warning for parents to protect children

 

[they'll get you]

http://www.lindychamberlain.com/files/1995_Inquest_into_the_death_of_Azaria_Chamberlain.pdf

 

[purpleandgreen]

"We've been hearing a lot of reports lately. For example in Coffs Harbour in Northern NSW and around the Blue Mountains area where dingoes came around a school yard," he said.

Dingoes edge closer to civilisation spurring warning for parents to protect children

I have family in the Coffs Harbour area, tgy, and they say there have been more and more dingoes. Don’t know if they were around when William disappeared though.

My gut tells me it was more a 2 legged dingo, though. IMO. A speedy one, at that. But dingoes are very fast when they’re preying.

 

[Bohemian]

I have family in the Coffs Harbour area, tgy, and they say there have been more and more dingoes. Don’t know if they were around when William disappeared though.

My gut tells me it was more a 2 legged dingo, though. IMO. A speedy one, at that. But dingoes are very fast when they’re preying.

The Mid North Coast region has a Wild Dog Management Plan as part of their Pest Management Strategy, similar to that formulated to control airborne pests, for example.

The last plan I can easily find a link to was for the period 2008-2011:

http://www.environment.nsw.gov.au/resources/pestsweeds/RegionalPestStrategyMNCR.pdf

My guess is they’d also have a current one.

I don’t know if I’d liken the predator who may have taken William to a dingo. A dingo rates much more highly in my estimation.

 

[papertrail]

Somehow, I don't think an open finding will be occuring.

A Supreme Court ruling has already been made on a presumption and probability that states otherwise. One would think that Justice Brereton had specific reasons - as yet unknown to us - to (sadly ) conclude such a probability.

The significance of the potential jeopardy to Julian’s welfare is diminished by (1) the tragic probability that Julian is no longer alive ........
Case Law - Department of Family and Community Services v Smith [2017] NSWSC 6

However, there will not be any ruling until much later, if at all. I think this first sitting of the inquest is to divulge more info to assist in police investigations.

The police appear to have an opposing view.

 

[purpleandgreen]

The police appear to have an opposing view.

Link please? TIA.

 

[SouthAussie]

The police appear to have an opposing view.

I'm sorry, without a link to explain what you mean, I am unable to determine exactly which part of my post you think the police appear to have an opposing view.

Police have stated that there will likely be an open finding?
Police have stated that they dispute Justice Brereton's conclusion, and there is no tragic probability that William is deceased?
Police have stated that this first sitting of the inquest is not to assist police investigations?
.. or perhaps you mean that police appear to have stated an opposing view to everything contained in my post?

 

[Karinna]

The police appear to have an opposing view.

Yes in as much as the media stating WT could still be alive.