Justice for " Irma " !

Somewhere in Australia a murderer is sweating it out and waiting for the police to come knocking on his door.  If he watched a recent episode of "Sixty Minutes " he will be aware that they are connecting the dots to solve the brutal killing of a woman named "Irma "in Canberra way back in 1999.

Irma and her husband were moderately wealthy but they distrusted banks and preferred to have their assets in cash and gold jewellery - kept at home.  In 1999 two thieves broke into their home, tied them up and viciously bashed them as they tried to locate the loot.  They gagged Irma and blood from this beating pooled - and she literally drowned in her own blood.

Two years prior there had been another similar break-in and Irma had confronted one of the burglars.  During the struggle she had managed to tear the balaclava from his head and she saw his face.  More importantly, the police recovered hair and DNA from the balaclava, but in those days the science of DNA was not advanced.

Now it seems that an unconnected event has delivered the key to this murder.   Five young men broke into an abandoned golf club house in Canberra and police recovered DNA which was subjected to the now ever increasing technology of DNA analysis.   The computer makes routine comparisons between all new samples and the huge police data bank of past crimes - and in this instance it delivered a match.

It seems that science has evolved the ability to match family ancestry in the DNA chain -  and the data from the golf club break-in drew a match with the hair and tissue taken from that balaclava worn by the bandit who bashed Irma, two years before the murder.   This young man is the murderer's son !

Now all the police have to do is find the golf club intruder, and they have gone on Sixty Minutes to advance their search - because there is a half a million dollars reward still posted for information that solves Irma's murder.    That is a tempting windfall for the right information, and it is highly likely that many other young people know who made that senseless break-in which occurred after a nearby social event.

The police are well aware that the two events attempting to rob Irma and her husband are connected, and they are playing the waiting game.   For the murderer, there is the sure knowledge that if any member of his family - his Mum and Dad, siblings, uncles or aunts - and specially his children - come to the notice of the police and have their DNA recorded - the spotlight shines on him and the police will come calling !

It is also a sobering reminder to this nation's crime fraternity.  A carelessly discarded cigarette butt or perhaps a sip from a soft drink can at a previous crime scene for a criminal who has never come to police attention must now hope that no member of his family ever strays to the other side of the law. It brings a totally new dimension to law enforcement.

A decade from now, DNA science will have crossed even more advanced frontiers !

Almost Unbelievable !

It seems that miracles do happen !   In a packed stadium over twelve thousand kilometres from home an Australian Soccer club with just three years of history since it's formation won the Asian Champions League Title - a world event !

Western Sydney Wanderers has delivered surprises since the first day it's players walked onto a playing pitch.   Soccer is not the prominent football game played in this country and the big crowds are drawn to Rugby League and Australian Rules, but right from day one the Wanderers drew record crowds to their games - and they started winning right from scratch !

Twice they were contenders at grand finals - and twice they narrowly missed out, but they steadily fought their way up the challenge for the Asian League - and against all predictions - beat Saudi Arabia's Al Hilal in their Sydney contest - before a record crowd of cheering fans.   Now the final outcome would depend on the result of the return match - in Saudi Arabia before a partisan crowd of Arab supporters in the capital, Riyadh.

Once again this match seemed a very uneven contest.  The King Fahd International stadium was packed to the rafters with excited Saudi men.   The Australian cheer squad comprised just fourteen people - and one of them was a twenty year old girl.   It had required special permission to allow a woman to watch what in the Middle East is regarded as a "male only "sport.

The game was a classic contest that kept the crowd on it's feet.  Chances came - and went.  Umpiring decisions were sometimes questionable.  Australian goalkeeper Ante Covic performed at his miraculous best - and turned away several dangerous shots at goal.  Some fans shone lasers in his eyes to distract him, and at one stage emotions spilt over and a Saudi spat at an Australian player - but when the final whistle blew the scores were a nil all draw - and Australia had won on aggregate due to the Australian game result.

Soccer is a world game and it commands huge sums of money.  Each country has many clubs, but a chosen few manage to reach the pinnacle of fame that makes them a household name whenever world fans think of Soccer.   Arsenal.  Manchester United.  Juventus.  Real Madrid. Barcelona.   Elite players are traded like commodities between these clubs for figures that rival the GDP of many small countries.   It seems that our Wanderers are on the cusp of drawing world attention - and Soccer Australia now has a real chance of challenging League and Australian Rules for the football crown in this country.

The sticking point seems to be the questionable ethics of FIFA, the governing body of world Soccer.  It operates behind a veil of secrecy and many of it's recent decisions have been mired in controversy. There have been suggestions of bribery to select the destinations for world events and the need for rule changes to clean up controversial umpiring decisions have been either  delayed - or ignored.  It is obvious that all is not well within the games ruling body.

Provided FIFA can be prevented from tarnishing the world game, there seeems no reason that the Wanderers can not continue to grow and becoming the outstanding club of this country - and eventually rise to world prominence - with a value that runs into billions.

This win in Riyah has certainly been a great leap forward for the game in Australia !

Deathbed Confessions !

The police are under enormous pressure to put someone before a court when a lurid murder case grabs public attention.  Such was the situation when the media focussed on the Terry Falconer murder.

Falconer was on day release from prison when men posing as police turned up at his workplace and rearrested him.  It seemed to be a case of fellow criminals taking their revenge when his dismembered body was later recovered from the Hastings river.  This led to a high intensity police investigation - and eventually two suspects were charged and convicted of the murder, and sent to prison.

This murder had passed into history when one of the main witnesses at the trial made a deathbed confession in hospital, claiming that he lied in court and that he was the person responsible for Terry Falconer's murder.  It was the reasons given for this action that is causing great disquiet in both the public and legal circles.   It throws uncertainty of the methods used by the police in extracting evidence that leads to a conviction.

Witness "E  " as this person was known claims that he provided police with the verbal evidence they required to gain a conviction in exchange for a fifty percent reduction in the sentence he received for his own crime.   He further claims that police threatened him with revealing the location of his family to known enemies if he refused to cooperate.

Obviously, this confession must become grounds for an appeal, but as Witness "E " is now deceased, the deathbed confession can only be taken on it's merits.  It is entirely believable that a dying man might want to clear his conscience, but it is also possible that it is either a flight of fancy - or a malicious attempt to smear police.

It all seems to come down to the legality of  "plea bargaining ".    It is a powerful tool in the police armoury if they have the right to influence the length of a prison sentence. Many criminals claim that they are "stitched up " by the prosecution and subterfuge used to gain conviction - for crimes that they agree they were guilty.  It must be a huge temptation when police know they have the guilty party but lack the evidence for a conviction, and can gain a successful conclusion by persuading a third party to become the "missing link ".

Then there is the enormity of power in police hands.  A threat to tip off enemies about the location of threatened loved ones is no idle boast, as is the ability to dismiss prosecution of a range of charges in exchange for a guilty plea to a single charge that suits the police brief.  There is an expectation in the minds of the public that police powers will be used judiciously and fairly - and even an admission that sometimes the worst criminals deserve a taste of their own medicine - but dispensing justice can easily slip out of control unless the rules that apply are rigidly enforced.

This deathbed confession will inevitably reopen the Terry Falconer murder case.  Those convicted certainly have the right to launch an appeal and it is entirely likely that they may be aquitted.  If so, it points the finger at the police methods used to put evidence before the original jury and opens a can of worms about the entire spectrum of police prosecuting procedure.   Not only the option of plea bargaining to secure a confession, but the use of coercion and reward to impel others to go into the witness box and give evidence.

It is long been held that it is more important that the innocent remain free than the guilty be punished in our system of justice.  To achieve that, the prosecution must remain squeaky clean !

Defining a " Crime " !

The curious case of Margaret Cunneen, one of this country's foremost crown prosecutors is being investigated by ICAC - and the vast majority of people must be wondering - why ?   ICAC was formed with the intent of rooting out corruption at the highest level and it has seen the downfall of two state premiers and a swathe of lesser politicians.   People do not appear before ICAC to answer charges of burglary - or running a red light !

It seems that what has whetted ICAC's attention is a claim that Ms Cunneen suggested to the girlfriend of her son that she "fake chest pains "to avoid being breath tested at the scene of a traffic accident.   As a result, her son's girlfriend was taken to hospital by ambulance where mandatory blood tests were carried out - and which revealed no law breaches.

To most people, this seems to be a curious interpretation of the dividing line between normal family behaviour and the exalted code that exists between litigants in our courts.  At best, it seems an unsubstantiated claim - possibly of malicious intent - and why ICAC would concern itself with such an investigation beggars the imagination.

Margaret Cunneen is a gifted lawyer with a long string of successful prosecutions.   She would not be a person of favour in the underworld and being subjected to investigation will certainly cause her distress - and cost a lot of defence money.   That could be the intent of this claim.

The very definition of the word "lawyer " is co-joined with that of "defence ".  When we are in trouble we consult a lawyer who instructs us in what to say - and what not to say.  A lawyer takes the side of his or her client and suggests strategies to mitigate the crime - or at least reduce it's severity. In many cases this involves denial of facts and putting forward an account of events that may stray far from the truth.   Such is our system of law in this country.

If Ms Cunneen did so advise her son's girlfriend, she was not doing so as a legal counsel.   She was acting in a family environment and it could have been good advise to avoid the disparities sometimes claimed of the police blood alcohol machines.  As a trained lawyer, she would be well aware that a person taken to a hospital emergency department after a road accident is automatically given blood analysis - with the much more reliable laboratory test deciding the result.

So it seems we are descending into the murky world of professional accountability.  What is normal - and legal - for members of the public becomes a crime when it offends the higher standards imposed by a professional body.   Was Margaret Cunneen expected to adhere to the strict protocol expected of a crown prosecutor when she was speaking to a friend and associate of a family member ?   And of course the really big question is - could that be regarded as a "crime " ?

Many people associate this case with the jailing of former Federal Court Justice Marcus Einfield.
There is simply no comparison.   Einfield decided to dodge a $77 speeding fine by signing a statutory declaration that he was not the driver of the car - and he nominated an associate who it was later proved was long deceased.  He persisted with this defence and the sentence of three years in prison was punishment for wilfully and knowingly lying under oath.

It remains to be seen why ICAC has chosen to become involved in this matter !

A Declared War !

Telcos and the media have joined the Civil Liberties people in opposing the third tranche of "Terror Laws "enacted by the government.   These require the nations Telcos to retain traffic records of phone numbers called and email connections made and store them for a period of two years.  It also imposes restrictions on reporting that some journalists claim is an assault on our cherished "Freedom of the Press ".

It doesn't seem to occur to many of these people that we are now engaged in a declared war !  A mixed tribe of radicalized people have spun off from Sunni Islam and taken the field against the western nations under a variety of names.  Al Qaeda.  Islamic State.  There are dozens of sub branches, but they all have a similar aim.  To impose a world caliphate which imposes their preferred form of Islam - with Sharia law - on all and everyone.  No other religion will be tolerated and the option will be to convert - or die.

In Syria and Iraq this movement has morphed into a regular army equipped with modern weapons that is fast conquering great swathes of territory.   Try telling the citizens of conquered lands that this is simply an " insurgency " and not a war !   When this army sweeps into a village it is common  for the captured men to be summarily shot and the women and children annexed as sexual pawns by the "freedom fighters "- or sold off into slavery.

Literally millions have fled over neighbouring borders and the world now has a refugee problem that is straining our ability to cope.  In Africa, this same movement is challenging governments and building a formidable presence.  This is a world wide jihad and it's very success is creating support wherever there is a Sunni element who claim to be oppressed - and it's leaders have adopted a call for it's adherents to strike the "infidels "amongst which they are living.

That is a call for civil war in Australia.  We have about half a million Muslim people living in this country and most are good citizens who obey our laws and are content with the Australian way of life, but amongst them are a formidable group who swear allegiance to the black flag of militant Islam and are open and vocal in their call to destroy the Australian state.

Unless we take strong action and bring this movement under control we face the prospect of armed rebellion in our streets and the sort of civil war that is now common in many other countries.  Car bombings bringing death and destruction in public areas.   Suicide bombers making a visit to a cafe or a coffee shop a daily hazard.  To the Jihadi - losing his or her life as a "Martyr " brings the promise of Paradise. !

We need the tools to let our security people do their job, and the means to track communications made when investigating a suspected terrorist can deliver big dividends - and the claim that this is an attack on our civil liberties is stretching credibility.  It simply delivers the information of who called who - or who exchanged emails, not whatever took place during those contacts.  At the same time, indiscriminate media reporting can tip off terrorists that they are under surveillance.   This is similar to the measures in place during the second world war.

Our home based terrorists are using the freedoms we enjoy to prosper their civil war.  They openly conduct prayer halls and book shops that preach the message of jihad and they have mastered the dark arts of radically converting the young to their cause.  Their leaders overseas have called for them to commence random attacks and beheadings of citizens on Australian streets.  This civil war is fast heading into an operational stage.

Perhaps it will take an actual bomb outrage and dead bodies on an Australian street to convince the Australian public that we are now engaged in a war to impose the will of others on our country !

Help - Where needed !

It is probably impossible to accurately determine the number of children who are being brought up and cared for by their grandparents - because they have been abandoned by their parents or drugs, alcoholism or mental illness have destroyed a caring family relationship.  In many cases the grandparents quietly take control without a fanfare - and often this imposes a crippling cost on retirement incomes.

Sadly, such misfortune is now common in the society in which we live, and yet the financial rules that bestow entitlements for the benefit of children continue to award this money to the actual parents.  A government enquiry may result in a major rules change to channel the money to the carers actually having the children in their care.

It is certainly unfair for those who step into a family breach and deliver regular meals, a clean, warm bed and a hospitable family atmosphere to the child victims of family neglect to be forced below the poverty line to meet the costs involved.  If money legislated to assist with the upbringing of children is being misdirected to those not providing this function, a law change is needed to correct that anomaly.

In many instances grandparents step in because they see actual danger threatening their grandchildren.  The social welfare people are grossly overworked and the facilities to take children into care are stretched thinly.  Many cases slip through the cracks, and when tragedy strikes the result is lurid headlines in the media.   There is also a huge difference in the loving care provided by Nanna and Pop - in comparison with the "institutional " atmosphere of child refuges.

The problem is that a change in the "parenting  pattern" often goes unnoticed.   Behavioural problems within a family are sometimes thought to be temporary and often the grandchildren move into their grandparents home with the intention of a short break restoring order.   The children continue to attend their usual school - and family "problems " are treated with a degree of discretion.  They are not discussed openly.

The fact that this is a growing problem needs a rethink of the rules that apply.  Certainly the redirection of child entitlements should head the list, but the actions of grandparents rescuing their grandchildren from the need for institutional care is actually saving the government a mint of money. It would take much less dollars to add a little compensation for the costs of caring in the family home as opposed to the huge cost of maintaining government care facilities, and easing that burden would be an important tool in the hands of the welfare people in improving child safety.

The grandparent network  is a huge asset in a troubled world.  It is probably the next best thing to Mum and Dad when it comes to child care.  A little judicious spending to ease the cost burden would be the best decision a government could make !

Tightening the Screws !

The car manufacturing industry is proposing to withhold both technical information and the vital software that allows independent motor mechanics to "talk "to the onboard computers in cars and follow the makers servicing tolerances. The aim seems to be to restrict car servicing to the workshops operated by their licensed dealers and force the use of only the "genuine spare parts " provided by the car manufacturers.  Now they are going after the huge smash repair industry.

Six in every seven smash repair shops are independents.  As each new model reaches the market they need vital servicing information to understand the changes that have been made from the past model and they are reliant on the brand dealer network for "reinitialisation " codes to complete the repair. It seems that this new policy is intended to force the industry to only use the highly priced branded parts carrying the car manufacturers logo - in exchange for the information that allows them to repair that brand of car.

It seems to be a new profit strategy with car manufacturers trying to back away from just the initial profit when a new car is sold to a customer.  Now they are trying to lock in the profit flow by dictating the repair and servicing of their product - for the entire life of the vehicle.  They are seeking to restrict the numbers who can repair and service their brand of vehicle - and ensure that the vast array of generic parts are blocked and only their own branded products have a monopoly in the car service industry.

The sticking point for car owners - is increased cost.  If the numbers offering car services are reduced that usually means that prices rise because of decreased competition.  The car insurance industry will certainly be very interested in the outcome because it will affect the premiums they must charge, and any big price hike will inevitably means more uninsured vehicles on this nation's roads.

Then there is the safety factor.  The car manufacturers claim that their spare parts are manufactured to exactly the same tolerance as those used when the car came down the assembly line.  In many cases, an independent supplier sells an identical component to several car manufacturers - and yet when these appear in the parts shop under individual logos - the prices vary widely.  It all depends on the markup each manufacturer decides to apply.

The Australian generic industry is a big employer of labour and it produces items of high standards.  Usually negotiations in a repair shop include this generic question, and the job is priced accordingly. It seems that the intent is to remove that option under the guise of maintaining safety standards - and to preserve the manufacturers profits over whatever period of years the car remains in service.

Obviously, if this proposal comes into force it will not immediately reduce the number of mechanics servicing cars, nor the number of smash repair shops doing repairs.  It will simply block them from the new models coming onto the market, and restrict their work to existing models.  As the years progress, their share of the market will steadily decline.

This certainly raises the question of what ownership rights are conferred to an owner when it applies to the purchase of a new vehicle.  It seems that manufacturers are now claiming a residual right to  control those who work on that vehicle by way of licensing agreements and determine the nature of replacement parts that may be needed to maintain vehicle serviceability.   This seems to break new ground, and diverge sharply from the terms that apply to all other areas of consumer goods.

The legality of imposing after sale control is a journey into ambiguity !