Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #43

[JLZ]

Speddings lawyer was all for the open court , do they have a choice ?

It was the Police Commissioner who asked for it to be closed. I don't think anyone has a choice; it was for the coroner to weigh the reasons for and against.

 

[madoodi]

In a closed court situation would William's parents (foster and bio) at least be able to hear the testimony?

 

[SouthAussie]

In a closed court situation would William's parents (foster and bio) at least be able to hear the testimony?

I guess it depends on a decision about that from the coroner. I would imagine that the coroner can allow whoever she chooses into the courtroom.
But I would guess that the parents probably won't be allowed. They likely are not privy to everything that goes on with the investigation. imo

And it is said that the testimony will be before just the coroner, lawyers, and court staff.

 

[SouthAussie]

I've just had an awful thought. Five is the number of POIs at last count. Could all the questioning of POIs be in closed session?

I don't think so. An article that I read said that the 5 witnesses are also the people who have asked for pseudonyms.

A handful of the 54 people on a draft witnesses list have been assigned pseudonyms and granted permission to give evidence before just the coroner, lawyers and court staff.
Parts of the William Tyrrell inquest to be held behind closed doors

 

[madoodi]

I guess it depends on a decision about that from the coroner. I would imagine that the coroner can allow whoever she chooses into the courtroom.
But I would guess that the parents probably won't be allowed. They likely are not privy to everything that goes on with the investigation. imo

Thanks SA

I had all faith GJ was able to solve this case. I wish he would have been able to listen to all proceedings.

 

[JLZ]

I don't think so. An article that I read said that the 5 witnesses are also the people who have asked for pseudonyms.

A handful of the 54 people on a draft witnesses list have been assigned pseudonyms and granted permission to give evidence before just the coroner, lawyers and court staff.
Parts of the William Tyrrell inquest to be held behind closed doors

If the lawyers are present, at least the 'interested persons' will be advised what happened.

 

[SouthAussie]

If the lawyers are present, at least the 'interested persons' will be advised what happened.

Due to yesterday when all the lawyers were not allowed in, I am wondering exactly whose lawyers will be allowed.
I don't think some witnesses lawyers can be trusted to not tell their clients what has happened, or work out different strategies for when their clients testify.

 

[JLZ]

Due to yesterday when all the lawyers were not allowed in, I am wondering exactly whose lawyers will be allowed.
I don't think some witnesses lawyers can be trusted to not tell their clients what has happened, or work out different strategies for when their clients testify.

I think it's their job to inform their clients. But you are right; I was thinking that the exclusion Mr O'Brien was complaining about was discussion of reasons for the closed court, but there were witnesses examined in closed session on Monday. I would say the five or so are being taken one at a time, and some of the lawyers and the media are OK about secrecy for some of them but feel it's being taken too far.

 

[sleepinoz]

If some legal teams were excluded as reported, would they have received full brief's from the Court?

 

[SouthAussie]

If some legal teams were excluded as reported, would they have received full brief's from the Court?

It seems that the coroner can withhold certain evidence within the brief.


.... the rules of procedural fairness are not necessarily breached by a withholding of information for a limited period to prevent a witness tailoring his or her evidence, provided that the witness is given a fair chance afterwards to deal with any material adverse to his or her interests.

It is common practice in cases of alleged fraud for critical evidence to be withheld until after the cross-examination of certain parties or witnesses for this reason. The ultimate test is “whether the interests of justice are better served by doing so”

It is suggested that a coroner is entitled to withhold material from a witness if there is a bona fide fear or suspicion that it will enable that person to tailor evidence or is otherwise in the interests of justice.

In the primary decision in Musumeci v Attorney General of NSW [2002] NSWSC 425, Hidden J endorsed the coroner’s decision on the basis that the integrity of an ongoing police investigation would be compromised. The Court of Appeal accepted that this was a proper basis for withholding information ....
Coronial matters

 

[mussopossum]

The coroner says that the closing of the court is in the 'interest of justice'.

Does that sound as if revealing this 'handful of witnesses' and their testimony has the potential to hinder the police investigation? Or perhaps it has the potential to make another witness claim self-incrimination and not testify?


Parts of the William Tyrrell inquest will be held in secret after a NSW coroner ruled it was in the interest of justice for some witnesses to give evidence behind closed doors.
Public scrutiny of the court and its processes was an important factor in delivering justice, the coroner said, but publication had the potential to frustrate its operation.
Parts of the William Tyrrell inquest to be held behind closed doors

My thoughts for reason closed court:

The open court for witnesses has been open as they are only confirming / verifying information in regards to the search or verifying neighbors where abouts or certain POI where abouts.

The closed court I am wondering is this because those attending if they are actually witnesses to a crime or they have credible information that has in fact led the investigation to particular POI or further clarification that is going to potentially lead to a conviction of a POI (s)

I would assume that if the latter is the case, just like crime stoppers is anonymous that these individuals are being protected whilst testifying.

It could be a POI son, daughter, husband, wife, best friend, employer or even someone who overheard something in Jail and my thoughts and feel is that they are being protected. Wasn't it the police Commissioner who issued this order?

Could also be someone who is involved testifying, not involved in actually taking William but someone involved in the sense that they have known for many years who did or have sat on information for years that could lead to a conviction, just not enough evidence to convict)

 

[bearbear]

does anyone elses websleuths page keep showing its loading, circle going around and around, so cant use refresh button?

 

[madoodi]

I was also wondering: can new evidence come to light in this instance or is the purpose of the inquest to go over/confirm their current evidence?

 

[kiwi50]

does anyone elses websleuths page keep showing its loading, circle going around and around, so cant use refresh button?

Mine seems ok

 

[mussopossum]

does anyone elses websleuths page keep showing its loading, circle going around and around, so cant use refresh button?

I have to hit post reply up to 6 times sometimes as the circle goes round and round then nothing

 

[Thebottomline]

I was also wondering: can new evidence come to light in this instance or is the purpose of the inquest to go over/confirm their current evidence?

I would definitely say new evidence can come up as witnesses are compelled to tell the truth or commit perjury.

 

[Thebottomline]

All quiet on the twitter front still

 

[bearbear]

I have to hit post reply up to 6 times sometimes as the circle goes round and round then nothing

ok so not just me! also have to hit the like button several times, then when i come back later theyre all unliked! first world problems haha!

 

[Thebottomline]

·
Aug 14

The inquest is now hearing testimony in open court from local man Tim Palmer. He lived in Kendall for about 15 years “on and off”.
@10NewsFirst
@10Daily

 

[SouthAussie]

I have to hit post reply up to 6 times sometimes as the circle goes round and round then nothing

I think the website does a backup at this time of our day ... middle of the night for the US.