Australia Australia - William Tyrrell Disappeared While Playing in Yard, Kendall (NSW), Sept 2014 #76

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  • #941
She wanted to go down the mental illness route but was denied.

Trying the Mental Health Act defence route seems to be de rigueur these days among lawyers in this country.
 
  • #942
thanks JLZ!
I knew there was suspicious timing and deleted texts.

Hopefully recovered ??
And the actual time of William's "supposed" last photo. Was it 7:30 or 9:30?
 
  • #943
New Free Article

On Friday, the foster mother’s barrister John Stratton SC attempted to have a majority of the charges against his client thrown out.

He argued five of the six allegations of intimidation - which constitute the two intimidation charges - did not meet the criteria of the offences.


RSBM


He also applied to have the allegations set out more clearly, before the magistrate hands down her decision.

(In this article that Lemony posted earlier)
 
  • #944
He also applied to have the allegations set out more clearly, before the magistrate hands down her decision.

(In this article that Lemony posted earlier)
Yes I saw that …. I did wonder if they wanted a clarification, just in case they wanted to appeal the end result, if the results don’t go in the way of the defence… but JMO …

It’s actually difficult to find a really comprehensive article on today’s proceedings …… so far anyway …. We have hardly heard a word of what Stratton has said ….
IMO
 
  • #945
And the actual time of William's "supposed" last photo. Was it 7:30 or 9:30?
Kiora
that is a loaded question here! lol :eek:

Personally hold no value to any numbers presented around it.
Its just way easy for it to be inaccurate.
 
  • #946
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  • #947
oh my goodness.

FM refuse to wash her clothes and then berate and insult her for being smelly.

I just can't with this . :mad:
OMG! I just found another more specific report….. and it was her underwear!!!!

Another covert recording captured the woman describing the "putrid" state of the child's underwear.

"It may not amount to good parenting ... one thing it certainly isn't is a threat of injury or violence," Mr Stratton said.

Prosecutor John Marsh said the foster mother should have known her actions would still cause the child to fear her.

"She's refusing to buy new underwear for a child in care and telling (them) that (they) smell like a homeless person," he said.

 
  • #948
Also in the same article

Magistrate Susan McIntyre rejected Mr Stratton's argument, saying the covert recordings - while somewhat unusual in their availability for the case - were credible and objective evidence.

"Ultimately the evidence in a situation like this speaks for itself," she said.

Ms McIntyre said she could not consider them merely throw-away comments or things the foster mother said without meaning for them to have an impact.


"It simply flies in the face of the words that were used that I would construe them in that way," she said.

The magistrate ordered written submissions from the parties before returning to court in December with plans to deliver a judgment in February.

 
  • #949
OMG! I just found another more specific report….. and it was her underwear!!!!

Another covert recording captured the woman describing the "putrid" state of the child's underwear.

"It may not amount to good parenting ... one thing it certainly isn't is a threat of injury or violence," Mr Stratton said.

Prosecutor John Marsh said the foster mother should have known her actions would still cause the child to fear her.

"She's refusing to buy new underwear for a child in care and telling (them) that (they) smell like a homeless person," he said.

The underwear has always been a theme in this household, it seems. 2 parents, who are not willing to have to do with dirty underwear: little W's diaper (MFC in the morning) and now L's underwear. They disguised it as an educational measure, both of the parents. I don't think, it's normal. MOO
 
  • #950
This article from the Sydney Morning Herald is somewhat different to what was portrayed by the ABC …..


Earlier on Friday, the court heard the foster parents had provided emergency and short-term care for numerous children over the years, including seven children between 2017 and 2021.

Adam McMahon, a foster care support worker with the Department of Communities and Justice, agreed that the husband and wife were considered reliable and trustworthy carers who were often called upon to help out when the department was in a jam.

McMahon said he went to the foster parents’ house in 2012 for a home visit and discovered the mother was using an “exclusionary time out” for a two-year-old child in her care, which involved placing them outside. He said this method was not endorsed by the department"



 
  • #951
This article from the Sydney Morning Herald is somewhat different to what was portrayed by the ABC …..


Earlier on Friday, the court heard the foster parents had provided emergency and short-term care for numerous children over the years, including seven children between 2017 and 2021.

Adam McMahon, a foster care support worker with the Department of Communities and Justice, agreed that the husband and wife were considered reliable and trustworthy carers who were often called upon to help out when the department was in a jam.

McMahon said he went to the foster parents’ house in 2012 for a home visit and discovered the mother was using an “exclusionary time out” for a two-year-old child in her care, which involved placing them outside. He said this method was not endorsed by the department"




Magistrate Susan McIntyre declined to dismiss the charges, finding the foster mother had a prima facie case to answer. She said the foster mother told the child in one recording: “If I see or hear you throw something around again, that won’t be the only thing that gets thrown.”

“I can really only take the word ‘throw’ to mean a physicality,” McIntyre said.

The magistrate said the words in the recording where the foster mother said she would “outlast” the child “ultimately speak for themselves”.


Clearly, this magistrate takes the charges seriously. IMO the FM will not avoid a conviction this time.
 
  • #952
RSBM

The magistrate ordered written submissions from the parties before returning to court in December with plans to deliver a judgment in February.


In seeing this, I am thinking that maybe Mr Stratton applied to have the allegations set out more clearly in prep for his written submission.

From what I can see on the internet, the written submissions involve (essentially) citing precedent and your prosecutorial or defence argument.

imo
 
  • #953
This article from the Sydney Morning Herald is somewhat different to what was portrayed by the ABC …..


Earlier on Friday, the court heard the foster parents had provided emergency and short-term care for numerous children over the years, including seven children between 2017 and 2021.

Adam McMahon, a foster care support worker with the Department of Communities and Justice, agreed that the husband and wife were considered reliable and trustworthy carers who were often called upon to help out when the department was in a jam.

McMahon said he went to the foster parents’ house in 2012 for a home visit and discovered the mother was using an “exclusionary time out” for a two-year-old child in her care, which involved placing them outside. He said this method was not endorsed by the department"



We don't like what she's doing but we will keep handing her children.
mmmm k
 
  • #954
Magistrate Susan McIntyre declined to dismiss the charges, finding the foster mother had a prima facie case to answer. She said the foster mother told the child in one recording: “If I see or hear you throw something around again, that won’t be the only thing that gets thrown.”

“I can really only take the word ‘throw’ to mean a physicality,” McIntyre said.

The magistrate said the words in the recording where the foster mother said she would “outlast” the child “ultimately speak for themselves”.


Clearly, this magistrate takes the charges seriously. IMO the FM will not avoid a conviction this time.

Yes, she will be convicted. She has already pled guilty to two charges. Now it will be the severity of the conviction, due to the pending intimidation verdicts.

imo
 
  • #955
from fgms walkthrough video....

She said William drew pictures with crayons, 'got fed up', and while he was doing so was photographed by his foster mother, 'that photo of him in the Spider-Man suit, that was taken here'.

'Then (the foster mother) had him throwing the dice, and he was THROWING the dice and she had to teach him that you don’t, just let it roll out of your hand.
'But he still wanted to throw it. He got sick of that as well.'

It was after that, she said, came the last actions of the little boy observed by anyone other than his abductor, the 'daddy tiger' game.

'He was sort of taking over everything and we said "roar, I'm a tiger" and he just disappeared around the corner of the house.
'And he was full of life, full of energy, bouncing out of his skull with happiness and just joy of living. And that’s the last I saw of him.'
The photo became the story.

Wearing his Spiderman outfit because she let him. Good mother. Insisting on the singlet. Really good mom. Instructing on the proper rolling of dice. Good, calm mother. Everything under control.

But we now suspect tensions were high. Wm was.... rambunctious. Which she likely couldn't handle. Possible argument between the two fosters. Did the foster father have to go into town for internet access or was that a convenient ploy to diffuse or dodge tension? Leaving the foster mother alone with two children, one of whom didn't... prefer her.

i don't believe the photo captures Wm in a roar at all. I don't think it was a keepsake photo of time at (foster) Grandma's. "I always take pictures, always make scrapbooks." Lie.

If anything, I think she was trying to intimidate Wm. Taking a photo of Wm being "naughty" (as she'd label it) to show "daddy" so (foster) daddy would see how Wm doesn't mind her.

I do think there was a roar that morning.

Wm may have been running after his foster parent.... but I think it's also possible -- perhaps likely -- he was running away from the other one. And slipped, tripped, maybe even inadvertently pushed over the edge.... because one adult was in a perpetual state of push and edge.

The story of the roar IMO was for the sake of the foster grandmother and the other child, in an attempt to force and forge a narrative. "Remember how we all heard him roar... just minutes ago...."

IMO she took a drive no one knew about, most notably the foster grandmother, daughter and father. With ease IMO she nuanced false recall in the youngest and oldest there --

Wm didn't want to climb the tree, too high.

Leakage?

Did Wm take the corner too tight, run onto the verandah, reach the end now at full height, and climb on the rail -- and someone felt compelled to instruct him haughgily kn the dangers of heights, holding him up over the rail? Did he react? A bite? To which she reacted aggressively, even if not entirely intentional.

I think she only got lucky with her photography that captured Wm with his mouth open. She put the roar in there where it wasn't.

JMO
 
  • #956
McMahon said he went to the foster parents’ house in 2012 for a home visit and discovered the mother was using an “exclusionary time out” for a two-year-old child in her care, which involved placing them outside. He said this method was not endorsed by the department"
Could this be what really happened to William???? “Time out“ on the high verandah???

I’m sorry, but this is not acceptable for a 2 year old! I try and be neutral in my comments, but I find this type of behaviour quite shocking!

All IMO
 
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  • #957
Would that exclusionary outside time out for a two year old in 2012 have been LT?
 
  • #958
Other evidence included a phone call in which the woman referenced a need to "break" the child.

"Needing to 'break' any child, particularly one in out-of-home care ... absolutely establishes a situation where she knew her actions were likely to cause fear but nonetheless continued," Sergeant Marsh said.

I think the judge has got FM sized up well.
Thankfully.

So many cruel moments to consider.
And that's just what the police happened upon by chance survelliance....


What on earth has this little girl endured???

When nobody was watching.....:(:(:(:(
 
  • #959
  • #960
Patterns.... when the little girl was removed, I believe the foster mother's "it's not your fault" was a thinly veiled, "it is your fault."

jmo
 
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