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NOTICE OF APPEAL From: The
Supreme Court of Western Australia
67 of 2007 Primary Court: SUPREME COURT OF WESTERN AUSTRALIA At PERTH
WESTERN AUSTRALIA SUPREME COURT OF WESTERN AUSTRALIA
NO.: CACR COURT OF APPEAL From67
OF 2007
In the Supreme Court of Western Australia AFFIDAVIT
Parties to the Appeal
ALI RACHID AMMOUN
State of
__________________________________________________________
Leave to Appeal and Extension of Time to Appeal
___________________________________________________________
Indictment No. 67 OF 2007
Date of decision: 13 FEBRUARY 2008
Judicial officer: HON. JUDGE BLAXELL Decision details
Convictions recorded COUNT 1 , GUILTY OF BURGLARY
COUNT 1b, NOT GUILTY OF AGGRAVATED BURGLARY
COUNT 2, GUILTY OF DEPRIVATION OF LIBERTY
COUNT 3, GUILTY AS CHARGED OF AGGRAVATED
ASSAULT OCCASIONING BODILY
HARM
COUNT 4, GUILTY THREAT TO KILL
COUNT 5, GUILTY OF DEPRIVATION OF LIBERTY
COUNT 6, GUILTY AS CHARGED OF ATTEMPTED MURDER
Sentence imposed: 14 years
Other orders made: ORDERS: 1. PRE-SENTENCE REPORT
AND
2. PSYCHOLOGICAL REPORT
Notice of Appeal
The appellant applies to the Court of Appeal for leave to appeal against
the above conviction
Draft Grounds of Appeals
THE VERDICT IS UNSAFE AND UNSATISFACTORY ON THE GROUNDS THAT:
1. The learned trial Judge misdirected the jury in relation to evidence when he
said the following in his Summing Up;
(a) page 503, para 2 "Those exhibits speak for themselves."
(b) the number of injuries which were directed to the head and facial area and
the amount of force used. It is put to you in this regard that the breaking of
the knife blade would indicate considerable force and presumably that would
have occurred at the time of the last knife injury. (assuming that the knife even
had a handle to begin with)
(c) The Judges Summing Up was long and deliberately confusing and misleading to
the Jury, leading to misrepresentation of real evidence.
2. The verdict cannot be supported because the DPP and the prosecutor Dave
Dempster did not provide the original witness statement by Tanya Ammoun dated
22 January 2007 with the Entire Brief for the defence council, Judge and the jury
to use as partial evidence.
3. The defence council's misdemeanour in a secret agreement with the DPP and
prosecutor Dave Dempster, without the prior knowledge of the accused (myself)
in withholding crucial evidence in establishing the unreliability and psyche of
the two main witnesses/victims. As new evidence.
4. The Judges urgency in wanting the trial to be short and quick, in doing so,
putting pressure on me and not to use the Interpreter fully in order to
completely understand the trial against me. Which I did not understand the
evidence that was used against me.
5. The Prosecutors use of evidence against me was grossly fabricated and
manipulated, which led to an unfair conviction.
6. The erred in law in not ruling for the defence counsel Collin Lovitt QC's
demands that the jury be dismissed and a new trial ordered for the judge not
controlling the prosecution witnesses and allowing them to make a complete fool
of the defence counsel Collin Lovitt QC.
7. The Defence counsel Collin Lovitt QC created a complete miscarriage and
travesty of justice by indicating to the jury that the accused was guilty of
most of the charges and that he was only going to vigorously defend the accused
on the attempted murder of Tanya Joy Ammoun charge after his client the accused
had just pleaded not guilty to all charges and because the accused did not have
the use of a translator he would not of understood that this is what his
Defence counsel Collin Lovitt QC had done.
8. The Defence counsel Collin Lovitt QC created a complete miscarriage and
travesty of justice by not challenging the prosecution on each and every charge
to the fullest extent and actually showed in his behaviour that he has done
some sort of secret deal with the prosecutor David Dempster and the Director of
Public Prosecutions Robert Cox QC to ignore his clients instructions ( the
accused, Ali Rachid Ammoun) to vigorously fight all charges to support the not
guilty pleas of the accused on all charges by:
(a) including in his opening speech to the jury that his client was guilty of
most of the charges, except the attempted murder of Tanya Joy Ammoun
(b) not cross examining the prosecution witnesses to the full extend on obvious
falsities, misleading statements, unreliable statements, conflicting statements,
meaningless statements
(for example see the INL Report on the obvious falsities on the evidence of
Pamela June Kelpic attached to these grounds of appeal marked "ARA
1").
(c) not demanding that all witness statements made by all prosecution witnesses
are to be part of the Prosecution's Brief of evidence
(d) by statements made to Julie Chambers AS ENDURING POWER OF ATTORNEY
TO MR ALI RACHID AMMOUN by the accused legal team that they were only going to
make the trail appear to Ali that he had a fair trial, with indications in
these words that he was not going to have a fair trial, and that the verdict was
all set up between the Prosecution, the Defence Legal Team, the Judge and the
Jury. These comments made by the accused's legal team to Julie Chamber's did
not sink in until the end of the trial where she and the accused ( Ali Rachid
Ammoun) realised that they had paid around $150,000 in legal fees to their
legal team since being arrested of these charges, and their own legal team had
done private and secret deals with David Dempster and the prosecutor the
Director of Public Prosecutions Robert Cox QC, to make sure vital and material
evidence that would prove the accused's innocence of all charges, was withheld
from the trial and that the cross examination of prosecution witnesses was
restricted to questions that made very little difference to proving the
accused's innocence of these charges, and not cross examining the prosecutions
witnesses on obvious and vital points about the many differing statements and
evidence, and conflicting evidence, evidence that does not make any logical
sense ( for example see the INL Report on the obvious falsities on the evidence
of Pamela June Kelpic attached to these grounds of appeal marked "ARA
1")
(e) by giving absolutely wrongful legal advice to the accused and to Julie
Chambers AS ENDURING POWER OF ATTORNEY TO MR ALI RACHID AMMOUN, that the
accused should not give sworn evidence and/or an unsworn statement to the jury
at the trial, and then going on to say that as the defence team were not going
to let the accused give sworn evidence and/or an unsworn statement to the jury
at the trial, the defence team were according to law not allowed to call any
other witnesses and/or evidence for the accused, and will thus the accused will
have to rely his whole defence, on just convincing the jury that the
prosecution witnesses and the prosecution had presented false and misleading
evidence. However at the same time having done a secret deal with the Western
Australian Police Service, David Dempster the prosecutor and the Director of
Public Prosecutions Robert Cox QC, as agents for the State of Western
Australia, to not to cross examine the prosecution witnesses to the full
extent, and not to cross examine the prosecution witnesses on obvious and
vital points about the many differing statements and evidence, and conflicting
evidence, evidence that does not make any logical sense ( for example see the
INL Report on the obvious falsities on the evidence of Pamela June Kelpic attached
to these grounds of appeal marked "ARA 1"), which if had been done
effectively, would have meant that the jury would realise the prosecution witnesses had provided
fabricated and misleading evidence with the help, support and encouragement of
the Western Australian Police Service, David Dempster the prosecutor and the
Director of Public Prosecutions Robert Cox QC, as agents for the State of
Western Australia. They would more than likely be arrested after the trial, for
perjury and along with the prosecutor David Dempster and police officer Liesa
Reynolds. Police officer Liesa Reynolds as a result of her successful
conviction of the accused-Ali Rachid Ammoun-, has now been promoted to the
position as a senior detective of the Organised Crime Squad which is a very
senior and sort after position with the Western Australia Police Service, when
before the conviction of the accused-Ali Rachid Ammoun Liesa Reynolds was just
working a detective for the Cockburn Police Station- its strongly appears that
the help of Liesa Reynolds in the successful conviction of the accused-Ali
Rachid Ammoun- was rewarded by a much sort after position with the Organised
Crime Squad. In any appeal hearing the appeals court should order the examination
of prosecutor David Dempster, Liesa Reynolds, Robert Cox QC, Laurie Levy and
Collin Levitt QC, Tanya Joy Ammoun, Pamela June Kelpic, Michelle Farmer and
other to be named in the full appeal when it is lodged.
9. There was a complete miscarriage and travesty of justice against the
accused ( Ali Rachid Ammoun) by the court allowing the prosecution to run the
charges that related to Tanya Joy Ammoun and Pamela June Kelpic all in the same
trial. This was created a miscarriage and travesty of justice against the accused
that could not be cured by any direction the judge could make to the jury and
in fact the judge erred in law by not at least trying to make an effort to
instruct the jury that the evidence against the accused in relation to the Tanya
Joy Ammoun charges and the Pamela June Kelpic charges should be considered
completely separate.
10. Because of the complete miscarriage and travesty of justice against the
accused ( Ali Rachid Ammoun) by the court allowing the prosecution to run the
charges that related to Tanya Joy Ammoun and Pamela June Kelpic all in the same
trial, the obvious false evidence, the many differing statements and evidence,
and conflicting evidence, evidence that does not make any logical sense ( for
example see the INL Report on the obvious falsities on the evidence of Pamela
June Kelpic attached to these grounds of appeal marked "ARA 1") of
Pamela June Kelpic and Tanya Ammoun, it created a contaminated jury trying to
look at each set of charges independently of the other set of charges. For
example, the obvious false evidence of Pamela June Kelpic in relation to her
charges, contaminated the jury in an incurable way in considering the charges
that related to Tanya Joy Ammoun. The only way the accused ( Ali Rachid Ammoun)
could have a fair trial, is for the charges that relate to Tanya Joy Ammoun
(the "TJA set of charges") and Pamela June Kelpic ( the "PJK charges")
be tried in two separate trials so that the prosecution and the defence
evidence that relates to each set separate set of charges can be presented to
the jury separately so that there is no chance that the two sets of evidence does
not influence the jury in any wrongful and unjust way and wrongfully prejudice
a fair trial of the other set of charges.
11. There was a miscarriage and travesty of justice by the prosecution
providing some of the forensic evidence only a day before the trial was due to
start, and the judge erred in law not granting at
least a two month adjournment to the trail, for the defence team to fully
consider this new and complex evidence and giving time for the defence to have
other independent forensic experts to examine such
evidence and produce an opposing view to such evidence. In this regard the
judge erred in law in granting the accused and his defence team only a one day
adjournment to consider such complex and detailed expert forensic evidence,
rather than at least two months to consider
such complex evidence.
12. The judge erred in law in allowing the prosecutor David Dempster to get way
with committing a clear criminal contempt of court by breaching his duties he
has made to the Full Court when being admitted as a barrister in the Supreme Court
of Western Australia, by presenting false and misleading statements about the
evidence that was going to be produced by the prosecution, when no such
evidence existed. In fact what the prosecutor was able to get away with at the trial
was to present a deliberate false and misleading story of what the prosecution evidence
was going to be, when he knew full well such evidence was not going to be presented
by the prosecution in an deliberate attempt to brain wash and confuse the jury into
thinking that this evidence actually existed. This is similar to someone trying
to present a summary of a film or play at the beginning, when the audience attention
is fresh and very attentive, when during the play or film, which is as complex
as the trial of the accused with all the complex evidence, and so many
different charges against the accused relating to two different accused over
the proposed time for the trial being about seven to 10 days, the attention of
the audience ( Jury) is less attentive with members of the audience (jury
even capable of falling asleep and then having to rely on the summary given by
the prosecutor at the beginning and/or the end of the trial
13. There has been a complete miscarriage and travesty of justice because the
trial judge the Honourable Justice Blaxell showed a clear bias throughout the
trail for the prosecution against the fair rights of the accused ( Ali Rachid
Ammoun) and has further shown such bias during the proposed sentencing hearing on
the 24th April, 2008 and the status conference on the 22nd May, 2008 by:
1. Not insisting the accused had an interpreter for these hearings sworn in and
available for the accused (Ali Rachid Ammoun);
2. Not telling the truth about submissions that were filed by the accused (Ali
Rachid Ammoun) that was his say in relation to his proposed sentencing hearing
on the 24th April, 2008, by making the false statement at the hearing on the 24th
April, 2008 that Julie Chambers AS ENDURING POWER OF ATTORNEY TO MR ALI RACHID
AMMOUN, wanted to withdraw these submissions from the court file. When in
fact the truth was that Julie Chambers AS ENDURING POWER OF ATTORNEY TO MR ALI RACHID
AMMOUN, on behalf of the accused (Ali Rachid Ammoun) tried to
file these submissions with the associate of The Honourable Justice Peter
Blaxell, David Watson, early in the morning before the hearing, and it was David Watson that told her that,
the he was not going to
allow the judge to see these submissions and was not going to allow her to file
them on the court file. Leaving the accused in a position that he had no
submissions filed in defence of his proposed sentencing hearing due to be heard
on the 24th April, 2008. What happened next was that David stated to Julie
Chambers that he was going to he was gong to put the submissions in an envelope
marked the personal attention Laurie Levy who was the ex solicitor and
barrister for the accused who David Watson was well aware had been sacked by
the accused on the 23rd April, 2008. Then, Julie Chambers stated
that if David Watson and the trial and sentencing judge The Honourable Justice
Peter Blaxell where not going too allow thee submissions to be filed on the 67
of 2007 file, then these submissions should be handed back to Julie Chambers
and/or the accused and not Laurie Levy, who was no longer representing the accused.
In the end because Julie Chambers made such an issue of this point, she forced
David Watson to say he would then leave it up to the judge to decide at the
sentencing hearing who should have these submissions back, after refusing to
allow the accused and/or Julie Chambers to file them on the court file for the
judge to use them in consideration in any sentencing of the accused.
3. Not making orders at the status conference on the 22nd May, 2008 that forced
the court staff, the prosecution, the transcript clerk, the registrar,
the police, the previous defence team and others to supply copies of all the
full prosecution brief and all attachments, material evidence including all material
evidence and prosecution statements that were deliberately not included in the
prosecution brief, necessary transcripts, correspondence, reports
(including the any psychologist, psychiatrist and pre-sentence report
concerning and/or compiled on the accused) to the accused and Julie Chambers AS
ENDURING POWER OF ATTORNEY TO MR ALI RACHID AMMOUN, so they could prepare
submissions in a proper and fair basis and provide a copy of such information
and documents to the INL News Group's Investigative and Legal Team so that they
could prepare formal and professional submissions in support of a non custodial
sentence being granted to the accused at his final sentencing date and so that
this information could be used to gain approval from the management of the INL
News Group, to make the final decision to provide the funding to pay for a professional,
experience and expert Legal Team and Investigative to come to Western Australia
from the Eastern States of Australia and from overseas to defend the accused at
his final sentencing hearing and to help finalise the lodging and hearing of an
extension of time to lodge an appeal and an appeal against the conviction of
these six
charges the accused has been found guilty of on the 13th February, 2008.
14. 1. D & A and medical reports on PJ Kelpic do no support PJK's
claims that she repeatedly had the front of her face and head repeatedly based
hard on the tile laundry floor, over and over as she states on page 214 of the
trial . In PJK's first statement made 22-1-07 in paragraph 10 she says a person
smashed her face on the floor over 10 times.
(a) Forensic
The court has to look closely at the forensic matrix, for example these points
A. Exhibits of four ropes
B. Analyses D & A so called weapons
C. No photographic and evidence of Kitchen and Lounge room
as Ali says that He, Tanya Joy Ammoun and Pamela June Kelpic all sat in lounge
room discussing the children for quite sometime.
D. Blood on hallway toilet floor where Tanya Ammoun was meant to be locked in
actually belongs to PJK
E. Swipe marks on in master bedroom under light switch belongs to TJA not
PJK
F. No blood on phone, no evidence and D and A produced by the prosecution
G. No blood on the broken glass on laundry floor which should have been
there if there was meant to be so much damage done to PJ Kelpic by smashing her
face time after time over 10 time on the floor
H. Green plastic garden which was in the back yard had Tanya Joy Ammoun's
blood on it. Why was this blood on this chair and what was she doing sitting in
that chair in the back yard, was this when the
Ali Rachid Ammoun was unconscious and PJK and TJA were planning their falsified
story and tied each other up with the rope before they both went out onto the
street to different locations and at different times a minute or so apart, to
make it all look more realistic.
J. There was over 800 photographs taken by the police and the forensic people
but only 100 produced in court, all the photographs have to now be produced for
examination along with all forensic evidence that was collected. The forensic
people will have to be brought onto the Supreme Court to be examined under oath
and made to make a complete list soft all know photographs and forensic
evidence in existence and bring it all to the court and any evidence they do
not have, they have to tell the court under oath where they believe such evidence
is and who may have it.
K. There appears to be material forensic evidence that Lisa Reynolds has in her
possession that has not been produced to the court, Liesa Reynolds will have to
be brought into court and examined under oath to tell the court what evidence
she has in her possession and be made to bring all such evidence into the
Supreme Court.
L. Looking at the indexes and the way the forensic matrix and heading and lists
have been done, they are very confusing and clearly provide false impressions
as to what item are considered to be Pamela June Kelpic's D N A, Tanya Joy Ammoun
and/or Ali Rachid Ammoun
Notice to the Respondent:
The Director of Public Prosecutions for Western Australia Office of the
Director of Public Prosecutions
Level 1, "International House" 26 St Georges Terrace
PERTH WA 6000 Telephone: (08) 9425 3999 Free call for country callers: 1800 264
144
Facsimile: (08) 9425 3600 E-mail: dpp@justice.wa.gov.au http://www.dpp.wa.gov.au/
Last date for appealing: Last date: [date]
Is an extension of time needed? YES
Legal representation
is the appellant legally represented in this appeal? YES / NO
is the appellant applying for legal aid? YES / NO
Appellant's details for service
Name:
Street
C/- HAKEA PRISON
NICHOLSON RD CANNING VALE WESTERN AUSTRALIA
Ground 15.
Letter from Robert Jamison, INL News Group
www.inlnews.com http://inlnews.com/CorruptPolice_Queensland.html
Email: admin@inlnews.info.
Fax: 001 888 720 9901
16th July, 2008
CC: Urgent Attention:Penelope CrossGeoffrey Robinsong.robertson@doughtystreet.co.uk
and to
Geoffrey Robertson's PA, Tabitha Akers-Douglas:
t.akers-douglas@doughtystreet.co.uk
Postal address: Doughty Street Chambers
tel: 020 7404 1313fax: 020
7404 2283/4 DX: 223 Chancery Lane
out-of-hours contacts criminal clerk: 07944 508 790 civil clerk : 07944 509 504
Urgent Attention:
Re: The Director of the Western Australian Prosecutions, Robert Cocks QC and
David Dempster-DPP Prosecutor for and on behalf of
The State of Western Australia
v
Ali Rachid Ammoun
In the Supreme Court of Western Australia Criminal number: 67 of 2007
Due to be heard on the 25th July, 2000 for sentencing
The Hon. Chief Justice Wayne Stewart Martin
Executive Assistant, Chief Justice's Chambers - tel (08) 9421 5423
Associate - tel (08) 9421 5395
E-mail - Associate.Chief.Justice@justice.wa.gov.au
The Chief Justice of the Supreme Court of Western Australia
Stirling Gardens, Barrack St, Perth WA 6000
Tel: (08) 9421 5333; (08) 9421 5395; (08) 9421 5479 Fax: (08) 9221 4436
The Honourable Justice Michael John Murray QC
Associate - tel (08) 9421 5400 E-mail - Associate.Justice.Murray@justice.wa.gov.au
Justice of the Supreme Court of Western Australia
Previously the most senior prosecutor for the Crown Law Department
on behalf of the State of Western Australia
Stirling Gardens, Barrack St, Perth WA 6000
Tel: (08) 9421 5333; (08) 9421 5395 Fax: (08) 9221 4436
The Honourable Peter Blaxell Justice of the Supreme Court of Western Australia
Stirling Gardens, Barrack St, Perth WA 6000
Tel: (08) 9421 5333; (08) 9421 5401 (08) 9421 5395 Fax: (08) 9221
4436
Associate: David Watson Email: david.watson@justic.wa.gov.au
Robert Cocks QCThe Director
of Public Prosecutions for Western AustraliaTel: 1800 264 144; ![]()
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0061 8 9425 3999
Direct Tel: (08)
9425 3611 Fax: (08) 9425 3600; Direct Fax: (08) 9425 3610
dpp@justice.ws.gov.au
David Dempster, the most senior prosecutor for Robert Cocks QC
The Director of Public Prosecutions for Western Australia who is in charge of
the prosecution of Ali Rachid Ammoun
in Criminal Supreme
Court of Western Australia number 67 of 2007Tel: 1800 264 144; ![]()
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0061 8 9425 3999
Direct Tel: (08)
9425 3611 Fax: (08) 9425 3600; Direct Fax: (08) 9425 3610
dpp@justice.ws.gov.au
Hon Allan J Carpenter MLA
The Premier of Western Australia 24th Floor, Governor Stirling Tower 197 St
George's Tce; Perth WA 6000 Tel: (08) 9222 9888 Fax: (08) 9322 1213 wa-government@dpc.wa.gov.au
Hon Jim A McGinty BA BJuris (Hons) LLB JP MLA The Attorney General for Western
Australia
London House, 4th Flr 216 St Georges Tce, Perth WA 6000 Tel: (08) 9422 3000
Fax: (08) 9422 3001
Tel: (08) 9264 1888; 13 6757 jim-mcginty@dpc.wa.gov.auwww.justice.wa.gov.au
Post - GPO Box F317, Perth WA 6001 Outside WA, 8am to 5pm WST: (08) 9264
1600
Urgent after hours business: 13 6757 Fax : (08) 9422 3001 jim-mcginty@dpc.wa.gov.au
Solicitor General for Western Australia Solicitor General
Lvl14/ 141 St Georges Tce Perth WA 6000 Tel: (08) 9264 1806 The Department of
the Crown Solicitor-Attorney General, Jim McGinty
Tel: (08) 9264 1888; 13 6757 www.justice.wa.gov.au
Post - GPO Box F317, Perth WA 6001 Outside WA, 8am to 5pm WST: (08) 9264
1600
Urgent after hours business: 13 6757Fax : (08) 9422 3001 jim-mcginty@dpc.wa.gov.au
Hon J C Kobelke BSc DipEd JP MLA The Minister for Police for Western Australia
20th Floor, Governor Stirling Tower 197 St George's Tce, Perth WA 6000
john-kobelke@dpc.wa.gov.au
Tel: (08) 9222 9211; Fax; (08) 9321 6003
KARL J O'CALLAGHAN APM, COMMISSIONER OF POLICE for Western Australia
Western Australia Police Moto To enhance the quality of life and wellbeing of
all people in Western
Australia by contributing to making our State a safe and secure place.
2
Western Australia Police Headquarters 2 Adelaide Terrace,
Tel: ![]()
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61 8 9222 1111
(only for
administration enquiries, during business hours)
International callers:![]()
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61 8 9351 0699
Interstate callers:
08 9351 0699
Submission No. 17 - From The Office of the Police Commissioner
WA01002 02 FV 001
Dr Sev Ozdowski OAM Human Rights Commissioner
Human Rights and Equal Opportunity Commission Level 8, Piccadilly Tower
133 Castlereagh Street SYDNEY NSW 2000
Dear Dr Ozdowski
"Police officers, by the nature of their role as law enforcers,
exercise considerable power over the community and have access to
sensitive/privileged information, therefore it is vital that the
community perceives the Police Service to be a trustworthy
organisation. To this end, police officers and police staff must be
seen to have a higher level of integrity and honesty than that of the
general public."
KARL J O'CALLAGHAN APM COMMISSIONER OF POLICE
February 2005
Commonwealth Ombudsman GPO Box 442 Canberra ACT,2601
Complaints, 44 St Georges Tce Perth Tel: 1300 362 072;SMS Number : ![]()
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0413 266 662![]()
www.ombudsman.gov.au ombudsman@ombudsman.gov.au
Dr Sev Ozdowski OAM Human Rights Commissioner
Human Rights and Equal Opportunity Commission Level 8, Piccadilly Tower
133 Castlereagh Street SYDNEY NSW 2000
Corruption & Crime Commission of WA
186 St George's
www.ccc.wa.gov.au
186 St George's, Tce, Perth WA 6000
(08) 9215 4888; 1800 809 000
Fax: (08) 9215 4884
info@ccc.wa.gov.au
The Honourable Kevin Rudd, MP,
Prime Minister of Australia
Parliament House
CANBERRA ACT 2600
CC: Ali Amoun, Hakea Prison
NICHOLSON RD CANNING VALE WESTERN AUSTRALIA
Tel: ![]()
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0061 (0) 8 9366 6244
; ![]()
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0061 (0) 8 9366 6333![]()
Fax: 0061 (0) 8 9366 6464
CC:
Urgent Attention:
Penelope Cross
Geoffrey Robinson
g.robertson@doughtystreet.co.uk
and to
Geoffrey Robertson's PA, Tabitha Akers-Douglas:
t.akers-douglas@doughtystreet.co.uk
Doughty Street Chambers
Postal address:
Doughty Street Chambers
53-54 Doughty Street
London WC1N 2LS
tel: 020 7404 1313
fax: 020 7404 2283/4
DX: 223 Chancery Lane
out-of-hours contacts
criminal clerk: 07944 508 790
civil clerk : 07944 509 504
This letter set out a lot of the wrongs done to Ali Rachid Ammoun and the
reason why the WA-DPP on behalf of the State of Western Australia should
immediately apply to the Supreme Court of Western Australian and/or the WA
Court of Criminal Appeal to have Ali Rachid Ammoun's convictions immediately
quashed, bail granted and new trials ordered where all the charges are heard at
separate trials. The information and submissions in this letter clearly shows
there has been a Miscarriage and/or Travesty of Justice committed and/or a
conspiracy to pervert the course of justice against Ali Rachid Ammoun and the
writing is on the wall. If Supreme Court of Western Australia, and/or the Court
of Criminal Appeal, and/or the Robert Cocks QC, the Western Australian Director
of Public Prosecutions and/or the State of Western Australia, do not find a
legal way of immediately releasing Ali
Rachid Ammoun from custody and quashing his current convictions, this whole
affair will become an international incident form which the Western Australian
Government, the Robert Cocks QC, the Western Australian Director of Public
Prosecutions and the Supreme Court of Western Australia will never live down in
the public area world wide.
It would be appreciated that you all read this letter and attachment and its
contents very closely and decide what is the right and
honourable thing to do. Ali Rachid Ammoun's case is an urgent and deserving one
of their time.
They have requested that the INL News Group's Legal and Investigative
Team immediately provide to them a copy of the following documents,
reports, evidence, correspondence etc:
1. A copy of the full prosecution brief prepared by the WA-DPP
2. A copy of the missing witness statement signed by Tanya Joy Ammoun
on the 22nd January, 2007
3. A full copy of the trial transcript for Ali Rachid Ammoun which was
heard on the 5th till the 13th February, 2008 including the summing up
of the Trial Judge, the summing up of the Defence Counsel Collin
Lovitt and the summing up of the prosecution counsel David Dempster.
4. A copy of the psychological report ordered by The Honourable
Justice Peter Donald Blaxell on Ali Rachid Ammoun that is on the court
file;
5. A copy of the pre-sentence report ordered by The Honourable
Justice Peter Donald Blaxell on Ali Rachid Ammoun that is on the court
file;
6. A copy of all victim impact statements;
7. A copy of all submissions filed prior and/or after the 24th April,
2008 by either the Defence and/or prosecution that relate to either
the conviction and/or the sentencing of Ali Rachid Ammoun.
We look forward to hearing form the Supreme Court and the DPP on an urgent
basis as to an agreement by these two organisations that these above documents
will be provided immediately.
It is also noted that a video and/or Internet link up will be needed for the
International Barrister to speak on behalf of Ali Rachid
Ammoun at his final sentencing hearing on which is set down for hearing on the
25th July, 2008 in the Supreme Court of Western
Australia to be heard by the Honourable Justice Blaxell.
We look forward to hearing from you on an urgent basis, either by email and/or
fax, which ever is the communication method you prefer.
Best regards
Robert Jamison, INL News Group
the situation is fairly urgent because of his final sentencing hearing for Ali
Rachid Ammoun coming up on the 25th July, 2008. Mr Ammoun and his enduring power
of Attorney and new wife Julie
Chambers have been desperately trying to obtain a copy of the pre-sentence and Psychologist
report completed on Ali Rachid Ammoun after his conviction on the 13th February,
2008 which was ordered by the Trial Judge the Honourable Justice Blaxell.
The court and the prosecution have been doing everything to block them from
obtaining a copy and/or seeing these two reports along with other documents
such as the full prosecution brief , a copy of the whole of the trial transcripts
including the judges summing up, the summing up by the prosecutor David
Dempster ( on behalf of the Director of Public Prosecutions and the State of
Western Australia) and the defence council Collin Lovitt QC, a copy of a
missing prosecution witness statement by Tanya Joy Ammoun made the 22nd
January, 2007 who is the main complainant and main prosecution witness . The
witness statement was wrongly and deliberately withheld from the prosecution
brief and had to exist as Ali Rachid Ammoun could not have been charged on 22nd
January, 2007 for Attempted Murder and the other two charges that relate to
complaints made to the police by Ali Rachid Ammoun's ex-wife Tanya Joy Ammoun,
without the existence of such statement. The fact that the court, police and
the prosecution have hidden and still trying to hide this statement by Tanya Joy
Ammoun from the defence and the jury, gives strong reason to believe that such
statement is detrimental to the police and the prosecution and that is why they
have hidden and still hiding this statement. This statement is clearly material
evidence and it is our understanding that the legal system in
regardless of his ( others) belief as the innocence and/or guilt of the
accused. A strong letter was written by Ali Rachid Ammoun from Hakea Prison
to the Honourable Chief Justice Martin of the Supreme Court of Western Australia
complaining that the Supreme Court Registrar and other staff and the trial
judge the Honourable Justice Peter Blaxell continually refused to allow him a
copy and/or access in any way to the pre-sentence report and psychologist
report completed on him which his previous lawyer stated to Julie Chambers only
after he was sacked, that it was very unfairly damaging to Ali Rachid Ammoun
and unfair to him and contained a lot of untruths about Ali Ammoun including
things that Ali Ammoun was meant to have said to the Psychologist, which in fact
Ali Rachid Ammoun did not even say to the psychologist. The game plan by the
court, the police, the State Government of Western Australia and prosecution
(DPP), and the defence counsel, who all seemed to be clearly working together against
the accused, was to make sure that Ali Rachid Ammoun was to be ordered by the
trial judge, the Honourable Justice Peter Donald Blaxell, to be sent to a
Western Australian Mental Institution on the original sentencing date of the 24th
April, 2008 where he would be declared criminally insane by government psychiatrists
and never to be released. This way Ali Rahid Ammoun would lose all his personal
rights as a person, a government trustee and lawyer would be appointed to look
after his affairs, he would have never had a chance to see the psychologist and
pre-sentence report and thus would never have been able to expose the wrongful
statement and deliberate untruths in these reports about him. If it was not for
the INL News Group warning Ali Rachid Ammoun and his enduring power of attorney
and new wife Julie Chambers, that this was the game plan by the court, the
police and the prosecution as agents for the State of Western Australia and
his own defence counsel that were going to go along with it all, the day before
his planned sentencing hearing on the 24th April, 2008 and the INL News Group preparing
submissions exposing this to be filed in the court, which
the judge refused to allowed to be filed after reading the submissions, they
would have completed their game plan. It was because of the trial judge, the
Honourable Justice Peter Donald Blaxell read
the INL submissions that Ali Rachid Ammoun attempted to file the morning on the
24th April, 2008 prior to the proposed sentencing date, and the fact that Ali
Rachid Ammoun sacked his lawyers and legal counsel the night before the proposed
hearing, that the trial judge cancelled the scheduled sentencing hearing and adjourned
the case to a status conference on the 22nd May, 2008. At that hearing the
trial judge refused to discuss any of the applications filed by Ali Rachid Ammoun
which obtained requests for orders to be made to obtain all the documents,
reports, evidence and transcripts he required to fairly present his submissions
for the sentencing and to be able to prepare his grounds of appeal against his
wrongful convictions. Ali Rachid Ammoun was also told on the 22nd May, 2008
that under Western Australia law the trial judge had to sentence him by the 12th
February, 2008 being within six months of his formal convictions and as the
trial judge ( the Honourable Peter Donald Blaxell) was leaving for an overseas
holiday at the need of July, 2008, he was going to set down Ali Rachid Ammoun's
final sentencing day on the 25th July, 2008. Ali Rachid Ammoun's case was then
adjourned to another status conference on the 19th June, 2008 without have been
able to obtain orders to obtain a copy of these necessary documents, evidence, reports
and transcripts or be able to fairly prepare his legal sentencing submissions
and appeal grounds So in frustration, Ali Rachid Ammoun wrote to the Chief Justice
of the Supreme Court, the Honourable Wayne Martin QC and requested he
investigate the matter. It was as a result of this letter, which was responded
to by the Chief Justice personally to Ali Rachid Ammoun at Hakea Prison,
assuring that all issues would be ventilated at the next status conference due
to be held on the 19th June, 2008, that the Honourable Justice Peter Blaxell granted
orders for the pre-sentence report and the psychologist report completed on Ali
Ammoun to be shown to Ali Ammoun in Hakea Prison but he is not allowed to have
a copy and or show it to anyone else according to the order of the court. At
this stage however the missing witness statement and the full prosecution brief
and all material evidence has not been ordered by the trial judge and a lot of other
orders requested by Ali Rachid Ammoun as per the applications filed with the
court have not been openly discussed in the court and have just been ignored. Ali
Ammoun has now had chance to read these reports under supervision of the prison
officer and was shocked to read that the reports are was full of lies by the
pre-sentence officer and the psychologist and was overall very misleading,
wrongful and unreasonably damming on Ali Rachid Ammoun, who is very upset as to
what has been wrongly stated in these reports. Ali Ammoun states that the Psychologist
only spent about 20 minutes with him and the INL News Group are told by other qualified
psychologists and psychiatrists in Western Australia that to professionally
prepare such a report the psychologist has to spend over one hour with the
person they are doing the report on, and to only spend about 20 minutes is a clear
breach of their duties and would make the report not usable and as such should
be struck out altogether from being referred to by the court. The whole
situation as to the way Ali Rachid Ammoun has been treated by the court, the
police and the prosecution (DPP) as agents for the State of Western Australia,
as well as his own Australian lawyers and defence counsel, who have clearly
been working against Ali Rachid Ammoun after being paid about $150,000, is a
clear breach of Ali Rachid Ammoun's human rights as a citizen of Australia and
in fact as a citizen of the world. Such behaviour is completely unacceptable.
We are wondering in your capacity as a qualified International lawyer, if you
could request that a copy of these two reports be provided to you by the
Supreme Court of Western Australia as part of yourb investigation into the case
of Ali Rachid Ammoun. We do not think that the Supreme Court could refuse your
request. We really feel that it is very important that you obtain a copy of
these two reports as part of the report you are preparing on the Ali Rachid
Ammoun Case 76 of 2007,
and you will be able to obtain Ali Rachid Ammoun's formal response to what was
written in these two reports which will also become part of the overall report
you are preparing on the Ali Rachid Ammoun case.
The INL News Group feels with the reaction Ali Rachid Ammoun has had after
seeing these reports, that it is becoming more and more clear, the aim of the
Western Australian Police, the Director of Public Prosecutions, the two
prosecution complainants Tanya Joy Ammoun and her mother Pamela June Kelpic and
the State of Western Australia, with the help of his own defence team, was to
have Ali Rachid Ammoun at his original proposed sentencing date on the 24th
April, 2008, sent by order of the court to a Western Australian Mental
Institution, where government psychiatrists working under instructions and guidance
of the State of Western Australia, the WA Police and the Western Australian
Director of Public Prosecutions, Robert Cocks QC , would declare Ali Rachid
Ammoun as criminally insane and make sure he would never be released from the
Mental Institution and may end up in time
dying of an accidental drug overdose and or wrongful drug injection. To be
honest this would not be the first time this has happened in
rights and is so isolated from the rest of the world, that corrupt people in
the legal and political system can get away with anything. Sending Ali Rachid
Ammoun to a mental institution at Ali Rachid Ammoun's sentencing date, based on
the biased pre-sentence report and the Psychologist report which has been
written based on false statement, misleading statements without spending the
proper to time
prepare such reports and do the proper research on Ali Rachid Ammoun, would be
a very convenient move for the Supreme Court of Western Australia, the Trial
Judge the Honourable Peter Blaxell, the Western Australian Police, the Western
Australian Director of Public Prosecutions Robert Cox QC and the prosecutor
David Dempster, the main prosecution witnesses and complainants Tanya Joy
Ammoun and Pamela June Kelpic, the Western Australian media who have clearly
taken the prosecution’s side against Ali Rachid Ammoun in media reports about
the case and the State of Western Australia, to cover up the wrongs that have been
done to Ali Rachid Ammoun. It appears that the Supreme Court of Western
Australia, the Trial Judge the Honourable Peter Blaxell, the Western Australian
Police, the
Western Australian Director of Public Prosecutions Robert Cox QC and
the prosecutor David Dempster, the main prosecution witnesses and complainants
Tanya Joy Ammoun and Pamela June Kelpic, and the Western Australian media, are
all still keen to carry on with their original plan for Ali Rachid Ammoun on
his final sentencing date of the 25th June, 2008, that is for the
court to grant orders that Ali Rachid Ammoun be wrongly detained in a Western
Australian Mental Intuition for an indefinite period and declared wrongly criminally
insane, where one evening it may be reordered on the official records that he
died accidentally of an overdose of a cocktail of psychotic drugs and or a unexpected
reaction to such drugs. The INL News Group feel that the main issues that have
to resolved, is stopping the judge from sending Ali Rachid Ammoun to a mental institution
on his sentencing day due to be heard on the 25th July, 2008 and show arguable
grounds for an appeal to the Court of Criminal Appeal to have the current
convictions quashed and a new trial ordered on the grounds that there has been
a number of miscarriages and/or travesties of justices at the original trial of
Ali Rachid Ammoun heard on the 5th till 13th February, 2008 in the Supreme
Court of
Western Australia being court number 67 of 2007. Many thanks again for all your
assistance in this urgent matter.
Yours kindly, The INL News
Group's Legal and Investigative Team
INL News Group www.inlnews.com
http://inlnews.com/CorruptPolice_Queensland.htmlEmail:
admin@inlnews.info
Fax: 001 888 720 9901
From: Robert Jamison 24th June, 2008 INL News Limited
admin@inlews.info Tel:
+44 (0) 7500384272![]()
Fax: 001 888 720 9901
To:Geoffrey Robinson
g.robertson@doughtystreet.co.uk
Geoffrey Robertson's PA, Tabitha Akers-Douglas:
t.akers-douglas@doughtystreet.co.uk
Doughty Street Chambers
Postal address: Doughty Street Chambers53-54 Doughty Street
London WC1N 2LS
tel: 020 7404 1313 fax: 020 7404 2283/4
DX: 223 Chancery Lane
out-of-hours contacts criminal clerk:
07944 508 790 civil clerk : 07944 509 504
Re: Initial advice on appeal against conviction of Ali Rachid Ammoun in
the Western Australian Supreme Court of Western Australia on 13th
February, 2008 in case number 67 of 2007
Dear Geoffrey
I confirm that our media group has first approached the Doughty
Chambers at 53-54 Doughty Street, London, WC1N 2LS to ask for your
assistance to help our media group look into the case against Ali Rachid Ammoun
who has been found guilty of
SUPREME COURT OF
Judicial officer: HON. JUDGE BLAXELL Decision details
Convictions recorded
COUNT 1 , GUILTY OF BURGLARY
COUNT 1b, NOT GUILTY OF AGGRAVATED BURGLARY
COUNT 2, GUILTY OF DEPRIVATION OF LIBERTY
COUNT 3, GUILTY AS CHARGED OF AGGRAVATED
ASSAULT OCCASIONING BODILY HARM
COUNT 4, GUILTY THREAT TO KILL
COUNT 5, GUILTY OF DEPRIVATION OF LIBERTY
COUNT 6, GUILTY AS CHARGED OF ATTEMPTED
MURDER
Sentence imposed: Not Yet Sentenced
Other orders made: ORDERS: 1. PRE-SENTENCE REPORT
AND
2. PSYCHOLOGICAL REPORT
we appreciate very much that you or one of your assistants may be able to take
time to have a brief
look at this urgent matter. I have attached a scanned copy of part one and part
two ( will be in the following email) of the affidavit of Ali Rachid
Ammoun sworn the 13th June, 2008, with submissions attached prepared by
our investigative team to try and make some since of this case. It will
be a lot easier to read through this affidavit and the attached submissions to
get some initial understanding of the case than to read through through the
whole 600 page transcripts of the trial.
What we are initially looking at is for a lawyer/barrister to read through this
affidavit and submissions and give some sort of broad legal opinion and/or
advice as to whether you feel that these seems to have been a potential
miscarriage of justice against Ali Rachid Ammoun from a point of view of his
human rights and other legal grounds to have anew trial ordered by the Court of
Criminal Appeal, as to the way the, police, the ambulance team, the court, the
prosecutor, and/or his own defence team treated the accused prior to and during
this trial and since his trial, from the day the police and the ambulance team arrived
at the scene of at 11.25pm on Sunday, 21st January, 2007 at 4 Steinbeck Place,
Spearwood, Perth Western Australia, to this current date and continuing.
The human rights issues we believe involve among the following:
1. The judge ignored the accused basic rights at the trial by not making sure
the accused had the interpreter to explain all the
proceedings to the accused as the trial proceeded in such a long trial being
very complex factually and legally.
2. This trial judge was The Honourable Peter Blaxell was clearly more concerned
about fitting the trial time into a set period that was
allocated by the court for the trial rather that taking as long as needed for
justice to not only be done, but seen to be done. The Trial
judge made a big issue of concern as to how long the trial was going to take
because of the limited time set aside by the court for the trial and overall
seemed very keen for the translator that was sworn in, did not hold up the
proceedings by explaining everything to the accused as the trial went to make
sure he understood what as going on and why. The accused is Lebanese and only
speaks broken English and does not read English that well and for him to have a
fair trial he would have needed the interpreter to explain things all the way
through the trial to make sure he understood everything.
3. The trial judge ignored heated and frustrated requested by the
barrister for the accused Collin Lovitt QC, to dismissed the jury and start the
trial again because his the defence barrister's opinion, the trial judge had
allowed the prosecutions witness make a complete fool of him in such a way that
the defence barrister felt that the jury would be wrongly effected that could
not be cured by any possible direction to the jury by the judge.
4. There seemed to be an atmosphere and general attitude taken by the trial
judge, the police and the DPP that the accused was guilty anyway and lets just
have show trial to make it look like he had a fair trial, get it out of the way
as quick as possible, and let us not delay the hearing by getting the
interpreter to explain things to the accused, let the prosecution witnesses get
way with any unacceptable behaviour.
5. There are even strong grounds for believing that the accused own defence
team that he paid $150,000 to seriously defend him on all charges which he pleased
not guilty for, actually worked behind the scenes with the prosecution to help
their own client to be found
guilty.
6. There seems a clear end game plan here by everyone concerned in this case being
the police, the officer of the Director of Public
Prosecution, the court itself and the accused own defence team, that in all
their mind Ali Rachid Ammoun were all determined to have Ali Rachid Ammoun
found t guilty of these serious crimes and all they needed to do was a show
trial to make him
look like he had his money's worth, then in the end have a Psychologist and
pre-sentence report after a 30 MINUTE INTERVIEW
WITH THE accused in prison The psychologist wrongly states in his report was
one and a half hour and says things s that are simply not true in his report),
that recommended that the accused be to sent to the local Graylands Mental
Institution where they would make sure he was declared criminally insane and
never to be released on the grounds of the statement by the accused's mother in
law, Pamela June Kelpic and the accused ex-wife, Tanya Joy Ammoun in their
impact statements and other statements and evidence provided by them under oath
at the trial, that if the accused was every released back into society as a
free mans, he would kill the mother in law, her children, their children, his
ex wife and her (and his) children etc. Naturally, if these allegations are to
believed, which are strenuously denied by the accused, then there is every
chance that he could be locked up as criminally insane and never to be released
and may be one day given an accidental over dose in the mental institution
which seems to happen in Australian Mental Institutions, and when it does
happen no one seems to care much and very little investigation happens into the
death of a patient that dies this way in an Australian mental
institution. It would have been very convenient for the prosecution, the
police, the courts the prosecution witnesses (who the accused says have
manufactured the story against him, which seems to ring true when one closely analyse
the prosecution evidence. It would also have been very convenient for the
accused legal team as well to cover up all the wrongs done to the accused from
the date he was arrested at 11.35pm on the 21st January, 2007, continuing to
and past the trial,
to have the accused transferred to a mental institution, declared
criminally insane by some friendly government psychiatrists and never
to be released.
If that had happened that winning an appeal would have little point as he would
have already be declared criminally insane and would never be believed again
and instead of being able to win a full appeal against conviction and be then
be released from prison completely free.
7. The accused Ali Rachid Ammoun was originally due to be sentenced on the 24th
April, 2008, with his legal lawyer/counsel representing him at the sentencing
hearing, who originally instructed the Barrister Collin Lovitt QC to represent
the accused at the trial.
However the INL News Investigation team provided submissions for Ali Rachid
Ammoun to file in the Supreme Court setting out some of the serious questions
to be looked at regarding the convictions were obtained including wrongs done
to him by his own legal team, the police, the court and the DPP. The accused
having been told about the basic points of these initial submissions prepared
by the INL News Group sacked his legal team the night before the sentencing
hearing on the 23rd April, 2008, the legal team withdraw from the case, the
trial judge lied on transcript by saying that Julie Chambers has wanted to
withdraw these submissions, which the accused and his enduring power of
attorney and new wife, Julie Chambers, tried to file with the judge's associate
that morning on the 24th April, 2008 early in the morning before the court
hearing was due to start
It was clear that the police, Court, the DPP and the accused own legal
team did not want these submissions to be filed as they were damaging to the
court, the trial judge, the police, the prosecution and the accused's defence
team.
The report and submissions prepared by the INL News Group which the accused
tried to file in support of obtaining a non custodial sentence which included a
lot of his personal character references etc indicates points showing conflicting
evidence, evidence that obviously did not make sense and should not have made
any sense to the professionals involved in the case, such as the judge, the DPP
and the accused's legal team also the jury as lay people ( the evidence was all
show to them and not hidden),was obviously not welcome by any of these people
on the court file. The trial judge in the end cancelled the sentencing hearing
and adjourned the whole matter to a status conference to be heard on the
22nd May, 2008 and then another status conference on the 19th June, 2008 and
now has reset the sentencing date as at the 25th July, 2008.
Since the abandonment of the original sentencing hearing on the 24th April,
2008, the accused and his enduring power of attorney Julie Chambers has been
trying to get a copy of the accused pre-sentence report and psychological
report that his ex lawyers had seen, plus the summing up of the prosecutor and
the defence council, a full copy of the prosecution brief, as well as
missing witness statements that were missing from the prosecution brief ,
withheld from the defence and the jury by the prosecution and the court. Every
one in the court system and the prosecution was refusing to
provide copies of these to the accused in prison who is has since the 23rd
April, 2008 has been
representing himself from Hakea Prison.
In desperation the accused wrote to the Chief Justice Martin of the
Supreme Court of Western Australia after his application he filed to request the
court to order all these documents for him in prison so he could prepare his
case, was completely ignored by the trial judge Blaxell at the status
conference on the 22nd May, 2008.
So in the end the Chief Justice Martin QC, wrote to the accused in prison
personally (a copy of this letter is attached to the affidavit
of Ali Rachid Ammoun sworn 13-6-08), and stated that all issued will be aired
at the next status conference on the 19th June, 2008.
At that status conference the judge finally ordered that some of these
documents, reports and transcripts, etc are to be delivered to the accused in
prison, and ordered he is not allowed to have an actual copy or show anyone
else the psychologist and pre-sentence report.
We are concerned that the accused is going to be wrongly sent to a mental
institution on the 25th July, 2008 by the trial judge pursuant to the likely recommendations
in the pre-sentence and psychologists report, instead of being sentenced for so
many years in jail, from where he can finish of an appeal against conviction
with out being declared insane, and may never be released.
This is the most serious concern at present.
The next concern is for the accused to be able to file a full appeal against
conviction which can only happen now with leave of the court and an extension
of time in which to file and serve the appeal. The time has passed where the
accused gets an automatic right to appeal, (only 21 days after the conviction
date). So to assured of obtaining leave to appeal and an extension of time to
appeal one has to provide to the court in his affidavit for an extension of
time in which to appeal, a legal opinion from a qualified barrister/lawyer,
that there are good grounds in which to claim there has been a miscarriage
and/or travesty of justice and/or that the trial verdict is unsafe, and/or some
other ground of appeal, for the jury verdict to be set aside and a new trial
ordered.
We look forward to hearing from you regarding this matter.
Many thanks for taking the time to take an initial look at this matter.
best regards Robert Jamison INL News Group
Ground 16
Further points why there was a serious miscarriage and/or travesty of
justice in the trial of Ali Rachid Ammoun
heard on the 5th till 13th February, 2008 in the Supreme Court of
Western Australia number 67 of 2007, that relate to the initial
addresses to the jury made by both the Prosecutor for the DPP David
Dempster and the accused own defence counsel Colin Lovitt QC
1. A serious miscarriage and/or travesty of justice committed against
Ali Rachid Ammoun by the DPP prosecutor, David Dempster
in addressing the jury deliberately misrepresented the facts as such:
(a) Page 41 of the trial transcripts: Prosecutor for the DPP David Dempster
states that Pamela June Kelpic (PJK) went in and out of consciousness, but in
actual fact Prosecutor
for the DPP David Dempster deliberately withheld form the jury, the fact that
PJK stated to the ambulance driver Henry Michael Sienkiewicz, aged 57 being
ambulance service number 52, attached to the Cockburn service area for many years
as the long term partner of qualified ambulance nurse Michelle Farmer, that she
(PJK) did not lose consciousness during the events that happened at 4 Stienbech
Place, Spearwood on the evening of the 21st January, 2007.
Prosecutor for the DPP David Dempster knew full well that PJK's evidence in
this regard was completely contradictory with the ambulance driver's evidence.
(b) Page 42 of the trial transcripts
Prosecutor for the DPP David Dempster states:
When she (PJK) was first bound her arms were bound with rope of some kind and
behind her back. Dempster then leads evidence during the trial from his witness
PJK that she was first bound with tape, not rope. It appear that he has deliberately
done this to help convince and brainwash the jury to match up with the fact
that he knew the neighbours would give evidence that they cut rope from her (PJK)
hands and wrists, not rope. Also Dempster cannot explain that his witness's
story did not add up
in the regard that he or her could not explain how suddenly her (PJK) hands
were originally were meant to be bound in the laundry area by tape behind her
back an then suddenly her (PJK) hands were now bound in front of her body.
and/or not bound at all and does not explain tot he jury whether her (PJK)
hands were then bound by tape or rope in front of her. There is a complete lack
of creditability here in the prosecution's case and a complete gap in the
evidence as to how her (PJK) hands were
untied form the tape from behind her back, and then suddenly retied in front of
her and/or not tied at all as suggested as a possibility by PJK in her sworn
evidence. This is all quite confusing and in all is a completely unbelievable
and conflictingstory that simple doe snot make any sense which Prosecutor for
the DPP David Dempster tried desperately to convince the jury that it is a logical
and believable story, when in his own mind he must have known it was all a
complete set of fabrications, and misleading statement by Pamela June Kelpic
and Tanya Joy Ammoun, that in many instances did not
make any logical sense and often conflicted with the evidence of independent
prosecution witnesses. Again Prosecutor for the DPP David Dempster indicates
that PJK lost consciousness in her bed in her
upstairs bed room when after allegedly regaining consciousness suddenly
allegedly found the hammer with the red handle next to her in
her bed.
(c) On page 43 Prosecutor for the DPP David Dempster tries to falsely imply to
the jury that the red on three hammer was blood by cleverly talking about the blood
on the bed clothing- This was deliberate attempt to mislead the jury as to the
true facts- This a very serious breach of duties as a prosecutor and could be considered
as a serious criminal contempt of court which if he was found guilty of by the
full court is punishable by a prison term and loss of his license to practice
law on a permanent basis.
(d) On page 44 Prosecutor for the DPP David Dempster goes on to say that Tanya
heard her mother snoring and again PJK's evidence in this regard was completely
contradictory with the
ambulance driver's evidence, which Prosecutor David Dempster well knew he was
going to keep from the jury.
(e) On page 45 Prosecutor for the DPP David Dempster says, “her mother.....
tried to escape...her hands were still bound but she manages to get her feet
lose, she ran..
(f) On page 48 Prosecutor for the DPP David Dempster
deliberately tries to mislead the jury into thinking that the accused wounded
himself, when he knew there was no evidence that shows this to be true that was
and/or could be provided at the trial. In fact all the evidence produced by the
prosecution shows fairly conclusively that the accused Ali Rachid Ammoun was
stabbed by his ex wife, Tanya Joy Ammoun, rather than as Prosecutor for the DPP
David Dempster says to the jury, as part of his overall fabricated story he and
the prosecution witnesses seemed to want to convince the jury of, by throwing
the theatrical line of:
" It appears that the accused has wounded himself"
(g) On page 49 Prosecutor for the DPP David Dempster states: " ....he was
found in the rear of the yard where he was in a semi conscious state...." Yet
Prosecutor for the DPP David Dempster knew full well his own witness Michelle
Farmer gives evidence that the accused was unconscious, not semiconscious. When
you read the 38 pages of submissions on the falsities of the Pamela June Kelpic
Evidence already filed with the court one will fully understand why this point
is so
important.
2. A serious miscarriage and/or travesty
of justice committed against Ali Rachid Ammoun by his defence counsel Colin
Lovett QC Ali Rachid Ammoun's defence
barrister Collin Lovett QC wrongly, and without instructions from the accused (
Ali Rachid Ammoun), knowing full well that the accused ( Ali Rachid Ammoun) may
well not have understood the true effect of what he said to the jury in his
opening address because of his lack of full understanding the English Language,
effectively told the jury the accused ( Ali Rachid Ammoun) was guilty of the
six charges such as:
(a) that the accused ( Ali Rachid Ammoun) unlawfully broke into the premises
at 4 Steinbeck Place, Spearwood being his mother-in-law's home, which in fact
he has been to thousands of times as a family home he thought he was welcome
anytime in the 14 years he was married to her daughter Tanya Joy Ammoun;
(b) wrongfully detaining and tying up the complainant Pamela June
Kelpic at 4 Steinbeck Place, Spearwood
(c) wrongfully detaining and tying up the complainant Tanya Joy Ammoun in
circumstances where the accused ( Ali Rachid Ammoun) has just pleased guilty to
all charges, then a short time later his own defence counsel Collin Lovett QC
tells the jury that in his onion his client is fairly well guilty of three of
the six charges which were the less serious charges, however by doing this his
own defence counsel
(i) convinces the jury he is guilty of three of the six charges before the
prosecution has had to provide any evidence whatsoever-this seems to be
punishment tot he accused because he refuses to be pushed into pleading guilty
to these three charges before the trial by his tow
main defence counsels Laurie Levy and Collin Lovett QC
(ii) making the accused appear more guilty and untrustworthy by one minute
pleading not guilty to all charges, when his own defence counsel tells the jury
in fact he considers him fairly well guilty of 3 of the six charges;
(iii) he helped the jury to believe that the accused had some criminal intent
for being on the premises, and made it a lot easier for the prosecution to be
able to convince the jury the accused was guilty of all charges including the
three more serious charges and the three less serious charges.
All this was done without the accused having the interpreter explain exactly
what was said and what was meant by what was said by his own defence counsel in
his opening address to the jury. What was said made a complete fool of his own
client by telling the jury that in his opinion his client was guilty of the
three minor charges out of the six charges, when his client had just pleaded
not guilty to all of the six charges. This behaviour by the accused defence
counsel is absolutely unbelievable and on this point alone there has been a serious
miscarriage and/or travesty of justice at the trail against the accused ( Ali
Rachid Ammoun), who had just paid $150,000 to his defence team to defence
vigorously defend him on all of the six charges, not to plead guilty for any of
them. If the accused wanted to plead guilty of three of the charges he could
have done that without paying his legal team $150,000 to do that for him.
The above submissions show a strong argument why one can easily believe that
there was some secret agreement and collusion between the David Dempster the
prosecutor as agent for Robert Cocks QC, the director of the Western Australian
Public Prosecutions and the accused own defence team to help make sure that at
the end of the trial of the accused the jury would find the accused guilty of
all charges, as favour for the DPP, the Western Australian Police Service, the
Western Australian Government and the main stream media, who all had too much to
lose in public embarrassment if the accused was acquitted of these charges at
his trial after making such a public spectacle in the media about the accused
being some very dangerous mad man who went to his mother-in-laws home in
Spearwood at about 8pm on the evening of the 21st January, 2007 armed with a
knife and a hammer to violently
attach and murder his ex-wife and mother-in-law. This is what was reported by
Luke Elliot a staff reporter for the Western Australian Newspaper, in the West
Australian Newspaper on the 21st January, 2007 after attending a police special
briefing headed by Police Officer
Liesa Reynolds of the Cockburn Detectives, who has now been promoted to the
major organised crime squad after her successful conviction of Ali Rachid
Ammoun on all six charges on the 13th February, 2008 including attempted murder
of his ex-wife Tanya Joy Ammoun. It seems clear that the successful conviction
of Ali Rachid Ammoun on all six charges on the 13th February, 2008 including
attempted murder of his ex-wife Tanya Joy Ammoun has been a very helpful for
the careers of everyone involved in the trial and prosecution of Ali Rachid
Ammoun, except for Al Rachid Ammoun who seems to be likely to be given an
indefinite sentence and be sent to a mental institution to be wrongly declared
criminally insane for crimes he did not commit by corrupt and dishonest Western
Australian Government Psychiatrists so all these powerful people can bury what
they have done to him, when the evidence strongly suggests that the accused
story, that in fact, it was his ex-wife Tanya Joy Ammoun and his mother-in-law
Pamela JuneKelpic that tried to murder him, with is ex-wife Tanya Joy Ammoun
attacking him with a knife ( that has the accused DNA on the tip of) at
the front of him from which he received a serious stab wound in his hand, while
his mother-in-law Pamela June Kelpic attacked him from behind with the Red
Handled Hammer that was found in the garden with only his mother-in-laws
D and A on it, in the form of her finger prints.
Robert Jamison INL News legal and Investigative Team
Ground 17
Kelpic Falsities-Final Submissions
Supreme Court of Western Australia
67 of 2007 The State of Western Australia V Ali Rachid Ammoun
_____________________________________________________________________
Submissions in support of Application filed 21st May 2008 in support of
documents requested to be provided to Ali Rachid Ammoun and his enduring power
of Attorney Julie Chambers, a stay on all charges that Ali Rachid Ammoun has
been found guilty of on the 13th February 2008, for bail to be granted to Ali
Rachid Ammoun and for the Honourable Justice Blaxell to grant a Certificate 10
to Ali Rachid Ammoun being a declaration by the Judge that he feels Ali Rachid
Ammoun has good solid grounds for appeal against his convictions
-Obvious falsities, misleading statements and claims, half truths and changes
in statements made by complainant and main prosecution witness Pamela June
Kelpic and Tanya Joy Ammoun
_____________________________________________________________________
Filed By: Ali Rachid Ammoun Of Hakea Prison Date of filing: 13 June 2008
David Dempster, one of the top experienced prosecutors working for Robert Cox
QC the Director of Public prosecutions for Western Australia, has gone out of
his way to help the prosecutions witnesses and others to conspire to pervert
the course of justice by withholding material evidence and trying to make these
obvious fabrications and conflicting evidence given by the prosecutions
witnesses such as Pamela June Kelpic and Tanya Joy Ammoun, sound creditable,
which it is not the job of David Dempster as prosecutor to obtain a
guilty verdict at all costs to advance his career and/or for other wrongful
reasons, but to present the truth and search for the truth in the
investigations leading up to the trial and during the trial process as well.
David Dempster during the trial tried to trick the court into using the wrong forensic
report and was in the end forced into having the proper report which he had in
his brief case all the time.
This is part of David Dempster's introduction speech to the jury which helps
show he was he was from the very beginning of the trial, trying to convince the
jury that the obviously fabricated and conflicting statements of Pamela June Kelpic
were real and believable, when reading the below differing and unbelievable
statements given by Pamela June Kelpic it is clear that none of it makes any sense
and are full of deliberate and calculated fabrications.
1) Page 46 of the Trial Transcripts:
David Dempster:
"Going back now to Pamela Kelpic, after she was aware of the screaming
with her daughter and the accused out on the front stairs, she made her break
for it. Her feet were still bound but she managed to get along the
hallway - there is a hallway there, you can see from the plan, on the upper
level - to make her way to the internal stairs and hop her way literally
down those. She recalls that when she was at the foot of those internal
stairs, she was aware - she had been aware of the accused man coming in the
front. After he had run up the stairs obviously he came in the front door on
the upper level and she became aware when she was at the front of those
internal stairs that he was at the top of the internal stairs. She then made
her way around a side gate - and you will see at the very top of that plan
quite a large marking of a pool of blood. The side gates are on a line with the
front of the house there. Somehow, she doesn't understand quite how, she
managed to get through those gates, but she appears to have collapsed there.
There's a very large pool of blood. She recalls moving by means of her buttocks
along the ground to try and move. At some stage she was moving her body
along the ground as best she could on her backside, and there are some blood
markings there which you will see consistent with that.
For her part, some other helpers became
aware and came along and she was in fact assisted across the road to number 3
and someone cut the rope from her hands at that point. She was assisted to the
ambulance when the ambulance came."
Comment: As you read through this analytical review of the Pamela June Kelpic
(PJK) evidence and you will see quite clearly that she states in her first
statement she says that her hands and feet were tied with tape and escaped from
her home in that condition. Then in later statements and on the witness stand
under oath she states she managed to get her hands free and still had her feet
tied with tape. Yet the four witnesses, Daniel Con Blogna, Paul Petrino, and
Ruben Filipe Martins who all say in their statements that; PJK had her feet
free and her hands tied with rope and that they help her across the road to
The question is what actually happened during 11.09.22 pm and 11.30 pm, some 20
minutes which the accused Ali Rachid Ammoun was unconscious. If we are to
believe Pamela June Kelpic (PJK) that she left her upstairs bedroom having removed
the tape ties from her hands and wrists, then to match the independent evidence
that rope was cut off her hands and left on the verge of no 3 Steinbeck Place,
Spearwood, then with the accused unconscious, and no one else in the house,
then it must have been Pamela June Kelpic and/or Tanya Joy Ammoun (TJA) that
that put the rope on themselves and tied them selves up before leaving the home
and going onto the street. PJK knew exactly what her daughters moves were
because she tells Ruben Filipe Martins (the first person that finds her) page 2
of 6 para 16 that, her daughter is down the road and that she has been cut up.
PJK also gave evidence that she did not see the accused again after she managed
to remove the tape from her wrists and hands;
a) Mr Ammoun remembers being hit on the head by PJK whilst he was wrestling
with Tanya on the stairs outside and that is when he remembers loosing
consciences the first time, which would have been, given the evidence in brief
approximately around 10 – 10.30pm, supported by Affidavit lodged 13 June 2008.
This information along with a list of other evidence that was given to the
defence council by the accused to be used in his trial, but unfortunately, was
not presented in the cross examination by his council for obvious reason of
conspiracy and private agreements made between defence councillor's and the
prosecution.
b) if the story is correct with PJK saying that she heard the accused on top of
the internal stairs where she at the time was at the bottom of the same stairs.
It seems quite bizarre that the accused could not run down the stairs to stop
her from running away with her feet tied, trying to hop her way out the
house? I think not!
So, PJK and/or TJA must have tied themselves/or each other up as part of their
pre-rehearsed and fabricated story about the accused bashing them and tying
them up. It seems clear from all the evidence that Tanya Ammoun did not have
any rope around her hands when she was stabbing the accused with the knife
giving him a serious wound in his hand and fought with the accused after that,
and thus the red rope around her hands and wrists that was cut off by the
mother of Goran June Marijan at 10 Barret Street where Tanya Joy Ammoun was
found by the neighbours must have also been placed on TJA's hand and wrists by
PJK and/or TJA herself to fabricate her claim that she was bashed and tied up
by the accused. One needs to look closely at the DNA evidence of the rope that
was cut off the hands and wrists of PJK and TJA to see who's DNA was on this
rope. If the accused DNA was not soaking on this rope then, that will clearly
tell the story that is becoming more and more obvious. That is, while the
accused lay unconscious, (possibly the second time of unconsciousness)
after being the only one to ring the emergency 000 numbered to get help for
everyone as there clearly had been some sort of physical fight between
the two women ,TJA and PJK and the accused Ali Ammoun that may have well been
started by Tanya Joy Ammoun attacking the accused Ali Rachid Ammoun with the
knife that only had Ali Ammoun's DNA as major part of it, and the mother in law
PJK attacking the accused with the red handle hammer that was her hammer, with
no evidence provided by the prosecution that the accused Ali Rachid Ammoun brought
with him any hammer and/or any knife. By the time you have finished reading
this analysis of the evidence and statements provided by Pamela June Kelpic,
you will be convinced that the stories by Pamela June Kelpic and Tanya Joy
Ammoun were a complete fabrication to cover up the fact that they started the
attack on a man that was so doped up with marijuana that could not have had an
aggressive bone in his body. It is a well know medical fact that some one that
has been smoking marijuana as heavily as the accused had been smoking it for
(who did not even smoke normal cigarettes) over a solid six months prior day
and night, just to numb his pain that Tanya has been inflicting on him since
the 21st March 2006, when;
1) Tanya J Ammoun kidnapped the 7 of Ali's children on the 21 March 2006 and
ran away from the family home without the children's fathers' knowledge, she
had no conscious when she dumped her stepson Rachid Ammoun 14 years old, in a
park and tells him he is not wanted.
2) Lying to a magistrate of the courts and getting a restraining order and
attempting to get an assault order with the assistance of the Forrestfield
police without his knowledge, deserting her step son Rachid, at a park in the
middle of the night telling him that someone will come and get him to take him
to his father because she did not want him anymore, but in actual fact she was
taking the opportunity of getting rid of Rachid (aged 14) whilst his father was
away on business in Sydney, but was more than desperate to keep her step daughter
Joumana, whom she has been using since the age of 4 years old to serve after
her and to look after all seven kids she had with the accused (pending paternal
DNA testing to be done on all seven children to verify that they are all Ali
Ammoun's' children), and to housekeep whilst Tanya writes her novel about her
"Adventures with Ali Ammoun and their 13 year marriage".
Smoking that day and continued at the home of PJK, would be more likely to fall
asleep than be aggressive in any way. Marijuana is well known to take all
possible aggressions out of a person, rather than make them more aggressive.
There are statements by the accused and his wife Julie Chambers on the court
file, that state clearly that the accused Ali Rachid Ammoun started taking
marijuana to make him calm from frustration he had about not being able to see
his children after being introduced to marijuana by one of his customers in his
Tobacco business where he sells many of the instruments that are used to smoke
marijuana along with cigarettes and other products
On the other hand there is every reason to believe that the overall erratic and
rather strange behavioural history of Pamela June Kelpic (The Control Freak)
who is always in charge. She refers to herself in her victim impact statement
06/06/07 as being known as "unsinkable Molly Brown"? Tanya Joy Ammoun
(The Guilt Tripper) indicates from all given evidence to date that they
themselves are likely to have had a history of some psychotic illness or
disorders in the family, when you study her hand sketched drawings called
"dairy of disappointments" dated 11/02/2006 which she volunteered to
the police as her evidence of the night in question 21/01/2006, as per
attached. Both may well be on some psychotic drugs or treatment from the
way they present themselves and the powerful drive and ambition behind their
stories given to the police, prosecutor and jury at trial. It is no secret that
the late husband of Pamela June Kelpic had mental and psychiatric problems, who
suffered with "social phobia" that could not and would not mix in
with society, lived an isolated life till the day he died (just like Tanya his
daughter). It is also clear that Pamela June Kelpic suffers some mental
psychotic problem with the stories she tells that simply do not add up to other
people with more reliable impartial evidence and to not make sense and match up
to her own evidence.
Taking all this into account and looking at the full history and background of
PJK and TJA all leads to a clear impression that during the years when Tanya
was 10 to 23 years of age, before she ran away from her (insular) home to live
in the most seedy criminal drug dealing and using city, where prostitution and
drugs is seen as a normal way of life, which is in Australia, Kings Cross, Sydney
and lived with a drug dealing/using girl "Ayse" and worked as a
"up and coming" belly dancer, that Tanya Joy Ammoun obviously was
threatened as an in-patient and/or out-patient of one of the public and/or
private mental institution in Western Australia.
For the court and the prosecution to do a proper and thorough job of looking
into all aspects of this matter, the court will have to make orders that all
the medical records ( mental and physical) of Pamela Joy Kelpic and her late
husband and their daughter Tanya Joy Kelpic and Pamela Joy Kelpic's two sons,
Anton and Luke Kelpic, who we believe will also have genetic psychotic
disorders, will have to be produced to the court , along with the
re-examination under oath of Pamela June Kelpic and Tanya June Kelpic of what
really happen that night of the 21st January 2006, and all their witness
statements including their victim impacts statement which were actually written
06/06/2006, some eight months prior to the accused being found guilty at the
his trial on the 13th February 2008 in the Supreme Court of Western Australia.
Please note that medical doctor's opinion about the physical state of a person
who is found unconscious, with their eyes open. and even when moved, yet still
does not show any sign of being even partly conscious some body movement on
their own accord and/or some even basic and untellable murmurings is likely to
say that such a person is actually unconscious from some bang on the head, not
from just been asleep from the effects of marijuana. It is common knowledge
that people to not fall asleep with their eyes open. To be unconscious/not
awake and not responsive in any way, you are in reality unconscious from
something like a hit over the head and/or some other adverse physical damages
and/or problem you have recently experienced having been done to you. There is
no way you would be just asleep from the effects of smoking too much marijuana.
Statement of PAMELA JUNE
KEPIC Made 22nd January 2007
Para 7. I Arrived home 5 pm (22nd Jan 07). I parked outside the garage door. I
unlocked the garage, opened the door and put the car in the garage.
Para 23: I said, “No, you will kill her"
Para 33: I had managed to get my arms to the front of my body
I was hopping as my hands were still tied and so were my legs.
Comment: David Demster has a quite different story to tell the jury in his
opening address at the beginning of the trial when he purports to summarise the
facts for the jury. David Dempster's story can be found on page 46 of the
transcripts and a copy contained within this report.
Comment: The neighbours only cut rope off her hands, and not her feet. In the
statement it is clear she is talking about tape/building ties of some kind as
being used to tie her up, the neighbours on the street only talk about seeing
rope tied on her hands at the front her body and only cutting rope from her
hands, not tape/building ties and there was no mention by the neighbours of any
thing tying her feet up, either rope and/or tape/building ties.
Statement made 31st January,
2007 by Pamela June Kelpic
Para 23: On Sunday 21 January 2007 I went to Point Walter with Tanya and six of
the children..
Para 26: I arrived home at about 5.00 pm
Comment: She claims her feet were tied up very tightly and never talks about
her feet ever being loosened. So if her feet were so tightly tied, then it
would make it much more difficult to hop out from the upstairs of a two story
house, down the stairs, out the back, down the pathway to the outside gate,
along her driveway, across the road to the neighbour's house at Number 3
Steinbeck Place, Spearwood. David Dempster, the prosecutor for the DPP and the
Police tried to cover up this serious flaw in this evidence in his opening
speech to the jury, by saying that Pamela June Kelpic was helped by neighbours
across the road. PJ Kelpic does not say that in her statement, and there is no evidence
from the neighbours saying that either. This so called fact was deliberately
made up by David Dempster, as part off his role in a serious conspiracy to
pervert the course of justice and manufacturing of false and misleading
evidence, deliberately withholding material evidence and other wrongful things,
that meant Ali Rachid Ammoun did not receive a fair trial, which involved not
only him, the DPP, the Western Australian Police Service and the prosecution
witnesses, but also involved the help of Ali Rachid Ammoun's own legal team
consisting of Brennan and Co Solicitors, Laurie Levy, Solicitor and Barrister
and Collin Lovitt QC, the jury and the Honourable Justice David Blaxell and his
associate David Watson, who all contributed to make sure Ali Rachid Ammoun was
announced guilty of all these six serious charges, with the end game plan, to
send Ali Rachid Ammoun to a mental institution to be wrongly and unjustly
declared as criminally insane by corrupt Western Australian psychiatrists, so
all these illegal activities and wrongs committed by David Dempster, the DPP,
the Western Australian Police Service, the prosecution witnesses, The
Honourable Justice Blaxell and his associate David Watson, the Supreme Court of
Western Australia, Ali Rachid Ammoun's own legal team consisting of Brennan and
Co Solicitors, Laurie Levy, Solicitor and Barrister and Colin Lovitt QC, the
jury.
It is completely unbelievable that all these powerful people thought they could
get away with these serious criminal offences against a citizen of
This way the truth could be buried for ever, and all these powerful people
would have got away with these serious crimes against Ali Rachid Ammoun. The
DPP, the W. A Police and even the Supreme Court of Western Australia, are
denying Ali Rachid Ammoun and his enduring power of attorney Julie Chambers
natural rights to obtain a copy of the physiologists report and
pre-sentence reports completed on Ali Rachid Ammoun by order of The Honourable
Blaxell J and a copy of the full prosecution brief and evidence, missing
witness statement and a full copy of the transcripts of the trial including a
full copy of the summing up of the prosecution, the defence counsel and the
trial judge. The reason the Supreme Court of Western
Para 72: Tanya came over and Ali left me tied up on the bed
I can't remember what colour it was.
and off my wrists..
I hopped down the stairs and made by way to the laundry.
Para 95: I went out the laundry door and turned to my left and went around the
side of the house.
Para 96: I was hopping as my feet were still tied
Para 97: I managed to get out the side gate and halfway down the driveway.
Para 98: I fell down on to my backside. I tried to wriggle my way along the ground
but did it get very far.
Para 99: I was yelling for help and yelling things like murder and rape.
I could not just see the front of the car past my shrubbery.
Para 101: I was still yelling for help as loud as I could
I don't remember much of what happened next.
Para105: Someone helped my get the tape off my ankles.
I think it was packing tape as well....
Statement of Pamela June Kelpic made 6th March 2007
Para. 45: I arrived home at about 5.00 pm and parked outside the garage door
Para 57: He was on my back and tied my hands behind my back with what
felt like tape that you use for packing and pull tight.
I think its called cable ties. It was quite smooth and tied very tight.
I yelled that he had made them too tight.
It was tight against me skin and felt a bit rough. I found it hard to
breathe.
This statement does not make any sense when she already is meant to have a bag
on her head, which would stop her from looking anyway
Para 122: My hands were still tied behind my back and I couldn't take it.
Ali put the tablet in my mouth and then the glass to my lips.
I don't remember if they were still tied together at that stage and
just in front of me, or they were actually untied and free.
I don't know why but it took all of my efforts just to focus.
I was desperate to get those things off my hands.
I didn't look at what I was doing.
I think it was PACKING TAPE as well.
At the trial she says her hands were free and here feet were tied
The witnesses out on the street all said Pamela Kelpic's hands were tied with
rope, which they say they cut off with a knife, and there was no mention
of anyone having to untie her feet.
Statement made by PAMELA JUNE KEPIC under sworn oath at the trial of
Ali Ammoun on 8th February 2008
Page 212: Trial Ali Ammoun Date 08/02/08
David DEMSTER: Going to that date, which was Sunday, 21 January of last year,
did you have a family outing with Tanya and the children during the day?
PJ Kelpic: Yes.. We went in the afternoon to Point Walter for a swim and a
picnic.
P213: David Dempster: Can you recall about what sort of time that day you
arrived home?
PJ Kelpic: I tend to take a lot
of notice of time. I looked at my watch just as I arrived in front of my
garage door and it was about one or two minutes to 5'clock, 5pm
....I think I half turned to shut the door ( laundry door) and suddenly I
found myself grabbed and thrown face down on the laundry floor..
Page 214
David Dempster: Where you grabbed from a particular direction?'''
PJ Kelpic: From behind. So
from behind would mean in the laundry itself, towards the passageway.
David Dempster: But you didn't know who it was at that point?..
KJ Kelpic: At that stage I didn't. I
just though there's a home invasion and I'm in real trouble.
David Dempster: Where was your attacked in relation to you?....
KJ Kelpic: Well, actually, he ended up sitting on my back.. I know
he was sitting there then he tied me.
David Dempster: Can you say what you were tied with?...
KJ Kelpic:...Well, I didn't see it but it felt like tape of some sort.
You know the sort of tape that builders or people transporting furniture
use. I can't think of its proper name but it felt very tight.
David Dempster: Where was that put, where were you tied?
KJ Kelpic: Well, I was
tied with my arms behind my back on both wrists..
David Dempster: Just for the transcript, you are showing your hands
behind your back?
KJ Kelpic: Yes.
David Dempster: So your hands were tied together behind your back.. Is
That....?
KJ Kelpic: Yes.. They were tied
first.
David Dempster: Were your feet free at that stage?...
KJ Kelpic: While he was
tying my hands they were and then my feet were tied next.
David Dempster: How were your feet tied? In what way do you
know?...
KJ Kelpic: They were tied at
the ankles or above the ankles really tight..
I almost felt like my feet were slightly cross over because I remember saying,
" That's too tight," and I didn't get a response to that.
David Dempster: You were on the ground. Were you able to see
properly at that stage?....
KJ Kelpic: No, and the person
kept saying, " Don't look don't look."
Well, I couldn't look anyway because my face was on the floor and it was wet,
I think probably with blood, and no, I closed my eyes, I didn't look.
.....I had a hood, a hood put over my face after this.
Page 217:
David Dempster: Can you describe the hood, or your awareness of.......?
KJ Kelpic: It was very
dark so I assume it was black. It felt like hessian and - yeah. I'm
claustrophobic so it didn't feel good.
David Dempster: Do you recall any other conversation with this man, with
Ali, around that time?...
KJ Kelpic:....
Blaxell J: Just before
you proceed, you led the name Ali.
David Dempster: Yes.
Blaxell J: Is
that by consent or what? She hasn't given any evidence identifying this person
yet.
David Dempster: I thought there had been.
Blaxell J:
No.
David Dempster: All right.
Page: 218
David Dempster: So at this stage am I correct in thinking that you have
the hood over your head, you have your hands and ankles bound?
KJ Kelpic: Yes.
David Dempster: And you're laying face-down on the laundry floor.
Is that the position?
KJ Kelpic: That's right.
Page 220:
David Dempster: Can you recall from there just tell us what you do have a
clear memory of?
KJ Kelpic: ..I have a very clear memory of backhander on the right side of my
face, very strong and very hard, where I felt like my head was going to come
off, I remember being punched on the abdomen, the chest and the stomach and the
back.
This is the first time this is alleged.........
Comment: It seems rather odd that Pamela Kelpic now out of the blue, for the
first time, alleges she had a back hander and was punched on the abdomen, the
chest and the stomach and the back All this is happening while the alleged
imaginary man was sitting on her back. One would have thought that this would
be a very difficult task for this imaginary man created by Pamela Kelpic, to be
sitting on her back with her front hard against the laundry floor, at the same
time he was punching her on the abdomen, the chest and the stomach.
David Dempster: In front of you or....? my hands were still behind
my back for sometime.....................
KJ Kelpic: My hands were
still behind my back for sometime.....................
Page 221:
David Dempster: You described your hands being tied?
KJ Kelpic: Yes.
David Dempster: Did that position remain?...
KJ Kelpic:
............................................. and I suspect
my hands had either been released or tied in front of me because I was able do
the toilet things with my hands - sorry, with my hands in front.
David Dempster: So your hands were then tied in front of you?..
KJ Kelpic: I think they
were tied in front at that point. I used the toilet....
Page 223:
David Dempster: Can you recall from there anything, any memory in
relation to your binding, either on your ankles or your wrists?'..
KJ Kelpic: I knew
that we were going to be in pretty bad trouble and I know a lot of time had
passed so I though,”I've got to get - - I've got to get undone. I've got
to get my hands undone," and my hands were in front of me.. On my right
hand I had a magnetic bracelet I use for arthritis and quite - it was blue with
blue stones and magnets underneath the bracelet so I could work it off with the
bracelet to see if it would help me lever it off my hand, and it looked like it
was going to work.. It started to slide together down my hand a bit.
David Dempster: Was Ali around at that point?
KJ Kelpic: When I was doing that, he wasn't, but he suddenly came into the room
and stopped what I was doing and put - kept my hands down low in front of me
and hoped he couldn't see what was going on
David Dempster: Did you do something around that point?..
KJ Kelpic: Yes, I'd got
my hands untied by then and I still had my feet tied and I got out off.. off
the bed and I was reasonably fully conscious at this time and I think the noise
outside helped, and I have a balcony sliding door and wire screen door and I
went to that, I opened the screen door and got onto the balcony, but there's a
lot of plants around that balcony so you can't actually see the stairs from it,
I have bougainvillea and a pencil pine and other things; so I was trying to
see, but I couldn't, plus my sight wasn't particularly good then and I couldn't
see what was going on, but there was thumps and bumps and screaming and - I
started screaming too. I screamed out for help. I hoped somebody would
come.
David Dempster: From there what did you do?
KJ Kelpic: Well, I realised
that this was the chance to get out if I could because obviously he was out
there too, and I doubted whether Tanya was in any position to get hep the way
it was going... So I _ I got back into the bedroom and I hopped to the bedroom
door, went out there, down the passageway to the stairs and I - I know I held
onto the balustrade of the stairs. I don't know really know how I got down them
that easily but I - I
Page 225:
must've hopped down while I was holding on to the balustrade.
David Dempster: Did you become aware of anyone else in the course of
hopping down the stairs?
KJ Kelpic: When I was
part way down the stairs I heard the front door, probably the screen door, open
and close.
David Dempster:
KJ Kelpic Any way,
I got to the back door and I opened it....
David Dempster: So you were able to get through that door and..?
KJ Kelpic: I got
through that door.
David Dempster: From there can you recall where you went?..
KJ Kelpic: Yes.. I
hopped along the - behind the storeroom which is at the end of the
garage, past the storeroom window to the north end of the house. Somehow I
hopped down to the gate; we have quite high gates at the side, a double gate..
I opened the gate I don't know how because it's really difficult to open so it
may have already been just closed but unlocked; I'm not sure, but I got through
the gate. I got about halfway down the driveway and - and then I couldn't do
any more, I just dropped down on my backside and - and I was still pretty
terrified and I tried to, with my bottom, wriggle - I couldn't stand up by that
time, there was no way I could stand up, and I tried to wriggle on my bottom to
the end of the driveway to get into the street and even that ---
Page 226:
David Dempster: That's moving along by your buttocks, is it?
KJ Kelpic: Yes.
It's good exercise but ----
David Dempster: All Right?
KJ Kelpic:
But I didn't get very far with it I don't think, I was just totally exhausted
by the. And
David Dempster: All right. You said you couldn't move on. You
have described where you were on your buttocks. Did you become aware of your surroundings
or anything else?
KJ Kelpic: Yes. I
did. I have bushes on - on the north side, the north side of where that
blue car is at the end of the driveway, where the front wall is. I have some
very large bushes there so I couldn't see terribly well into the street but I
could see half or the front of a car parked across the road in front of
our across the road Neighbour's place. It was parked more or less the wrong way
around because it was parked facing
David Dempster: All right.. can you describe what happened from
there?
KJ Kelpic: Yes, I
saw two shapes on the footpath side of the car were facing towards my house and
I called out to them. I called out to the, " Can you help me? Can you come
and untie my feet? And a young man's voice called back, "Wait, wait till
the police come, the police are coming.” And that was all that was said.
David Dempster: You have a clear recollection of your movements from there or
not?
KJ Kelpic: Not very. I
remember some things.. I remember being - eventually, someone did come and cut
my feet untied and I was told - I was picked - I think I was help up, helped to
stand up, and somebody said, and I don't who,”Can you walk to the end of the
street, towards Barrett Street," and I said I could, and I don't know
if it was one or two people around and I think there was a siren and it was
very confusing.. I couldn't see everything clearly, but I know I was walked
down to a place at the end of
Comment:
1. It seems a little strange that with all the worry PJ Kelpic had about the
possibility of this so called dangerous man running after her and Tanya, trying
to kill them both, that there was little and/or no mention of him to the
neighbours when she finally found some body to help. You would have thought she
would be yelling that her son in law Ali was after her and her daughter Tanya
and trying to kill them both, please get the police and everybody must be
careful about this dangerous man on the lose.
2. It seems little strange that with all the worry PJ Kelpic had about the
possibility of her daughter having being killed and/or in the process of being
killed by her son in law Ali, that she did not yell out at the top of her
voice,
"where is Tanya, is she alive and OK, please someone find Tanya, my
daughter, my her son in law Ali is trying to kill her and/or has just killed
her, someone help please, someone help and find Tanya my daughter."
3. The evidence of the neighbours of the street that found Pamela June Kelpic
was that her hands were tied and her feet untied and there was no mention
by them, of untying rope, not tape, from the hands of Pamela June Kelpic, but
no mention anywhere of anyone untying Pamela June Kelpic's feet.
(a) Evidence of Daniel Con Blogna of
Page 296:
David Dempster: And who was she?.
Blogna: She was Pam
from next door.
David Dempster: You mentioned she was tied up?
Blogna:
Yes. Her arms were tied up in front of her body, yeah.
David Dempster: Sorry?--
Blogna:
They were tied up in front of herself.
David Dempster: Is that at her writs or hands?..
Blogna:
Yeah, like cross tied.
David Dempster: You are showing your wrists crossed?...
Blogna:
Yeah.
David Dempster: And did something happen in relation to that?
Blogna:
We then used - a neighbour of ours used the knife to undue the ropes
PAGE 297
David Dempster: Was that the knife that you had brought..?...
Blogna:
Yes
David Dempster: And the neighbour used it to cut the...?
Blogna:
Cut the ropes off her, yes.
David Dempster: Where was she when that happened, exactly in the street?
Blogna:
She was on my property, on our verge of our house.
David Dempster: That's the verge of number 3?....
Blogna:
Yes.
David Dempster: When the rope was cut, did it just lie on the ground, do
you know?
Blogna: It was just dropped on the ground and from what I
know it just stayed there.
4. Looking at the four versions of Pamela June Kelpic's statements of the
version of events on Sunday 21st January 2007,
(a) one made on the morning of the 22nd January 20-07, only hours after the
events on Sunday 21st January 2007,
(b) one made on the 31st January 2007
(c) One made 6th March 2007
(d) on made 8th February, 2008 under sworn oath at the trial of Ali Rachid
Ammoun
If Ali wanted to throw her and tried to choke her, would be more of Ali's blood
All D A pending under fingernails and fingers, Held By Reynolds
2. In PJK's sworn evidence at the trial on page 314 she says that she recalls a
person saying,
"Fucking bitch, fucking bitch, fucking bitch"
over and over as he's slamming my face on the floor.
In PJK's first statement made 22-01-07 paragraph 11 she says'
" I can't remember what he was yelling, but it was something like it was
all my fault"
In paragraph 14 she says,
" The man kept yelling and made reference to Tanya and the kids."
In paragraph 32 of PJK's statement made 31-1-07 PJK says,
" I can't remember what he was yelling but it was something like
"It was all my fault"
In paragraph 34 PJK says
" I did not open other points to note regarding the evidence of
Pamela Joy Kelpic
1. D & A and medical reports on PJ Kelpic do no support PJK's claims that
she repeatedly
had the front of her face and head repeatedly based hard on the tile laundry
floor, over and over as she states on page 214 of the trial .
In PJK's first statement made 22-1-07 in paragraph 10 she says a person smashed
her face on the floor over 10 times.
(a) Forensic
The court has to look closely at the forensic matrix, for example these
points
1. Exhibits of four ropes
2. Analyses D & A so called weapons
3. No photographic and evidence of Kitchen and Lounge room as Ali says
that He, Tanya Joy Ammoun and Pamela June Kelpic all sat in lounge room
discussing the children for quite sometime.
4. Blood on hallway toilet floor where Tanya Ammoun was meant to be locked in
actually belongs to PJK
5. Swipe marks on in master bedroom under light switch belongs to TJA not PJK
6. No blood on phone, no evidence and D and A produced by the prosecution
7. No blood on the broken glass on laundry floor which should have
been there if there was meant to be so much damage done to PJ Kelpic by
smashing her face time after time over 10 time on the floor
8. Green plastic garden which was in the back yard had Tanya Joy
Ammoun's blood on it. Why was this blood on this chair and what was she doing
sitting in that chair in the back yard, was this when the Ali Rachid Ammoun was
unconscious and PJK and TJA were planning their falsified story and tied each
other up with the rope before they both went out onto the street to different
locations and at different times a minute or so apart, to make it all look more
realistic.
9. PJK blood swap not reported pending report held by Reynolds, hasn't she
produced it
10. There was over 800 photographs taken by the police and the forensic people
but only 100 produced in court, all the photographs have to now be produced for
examination along with all forensic evidence that was collected. The forensic
people will have to be brought onto the Supreme Court to be examined under oath
and made to make a complete list of all know photographs and forensic evidence
in existence and bring it all to the court and any evidence they do not
have, they have to tell the court under oath where they believe such evidence
is and who may have it.
11. There appears to be material forensic evidence that Lisa Reynolds has in
her possession that has not been produced to the court, Liesa Reynolds will
have to be brought into court and examined under oath to tell the court what
evidence she has in her possession and be made to bring all such evidence into
the Supreme Court.
12. Looking at the indexes and the way the forensic matrix and heading and
lists have been done, they are very confusing and clearly provide false
impressions as to what item are considered to be Pamela June Kelpic's D and A,
Tanya Joy Ammoun and/or Ali Rachid Ammoun
2. In PJK's sworn evidence at the trial on page 314 she says that she recalls a
person saying,
"Fucking butch, fucking bitch, fucking bitch"
over and over as he's slamming my face on the floor.
In PJK's first statement made 22-01-07 paragraph 11 she says'
" I can't remember what he was yelling, but it was something like it was
all my fault"
In paragraph 14 she says,
" The man kept yelling and made reference to Tanya and the kids."
In paragraph 32 of PJK's statement made 31-1-07 PJK says,
" I can't remember what he was yelling but it was something like
"It was all my fault"
In paragraph 34 PJK says
" I did not open my eyes, because he yelled at me not to"
However in PJK's first statement made 22-01-07 PJK does not mention this and
goes straight into saying in paragraph 13
" he put a black Hessian bag over my head and I could not see a
thing"
PJK the goes into a lot of detail about what the man was meant to have said
before he was meant to have put the black Hessian bag over her head, that she
did not go into in her first statement made 22-01-08 which was made just hours
after the event.
This is some of the extra detail she now adds in to her second statement made
31-01-07
Paragraph 36
" He said, " You've got $250,000 in the house and I want it"
Paragraph 37
" I said I don't have it. It is in the bank"
Paragraph 38
" The man smashed my face unto the tiles again"
Paragraph 39
" He said, Tanya said you have $250,000 here"
Paragraph 40
" When he mentioned Tanya I realised it was Ali Ammoun attacking me
Paragraph 41
"I said, I have got $30 in my hand bag, another $50 upstairs, that is all
the cash I have on me."
Paragraph 42
" Ali smashed my face into the tiles again"
Paragraph 43
" I said, If you want more cash we could go to the bank and get it"
Paragraph 44
"Ali was swearing and hit my face into the tiles again
Paragraph 45
" I said, I have a diamond upstairs with about $10,000. I could find it if
you want it"
Comment:
There was no more mention again about wanting money or anything of value after
this, and no more mention of this when PJK says she was upstairs with Ali,
where the $10,000 diamond was meant to be. If this man was there to rob the
home and PJK as she suggests in her statements, there would have been more
discussions when they went upstairs about this subject, as this is also where
she cold have had more money hidden and where the $10,000 diamond was meat to
be.
It was then after all this extra alleged conversation that PJK alleged the man
placed the black Hessian bag over her head.
All this was not in PJK's first statement made 22-01-07, but added into the
statement made 31-01-07.
PJK in her statement made 31-01-07 goes onto add a lot more alleged detailed
conversation after the man was meant to have placed the black hessian bag on
her head.
Paragraph 52
"Ali said, Is anyone like Anton and Luke going to come to the house or
ring up"
Paragraph 53
I said, "nobody is coming"
Then in PJK's statement made 06-03-07, PJK goes into more detail about what the
man has meant to have said to her and what he was meant to have said to the
man.
Comment: Each time PJk makes a further statement she seems to add to the story
which is a bit like a script writer of a thriller movie, a book or a play, as
she thinks of more things to add into the story, that makes it sound more
exciting, thrilling interesting and gripping, she adds thing into the script.
PJK has been a school teacher all her life, and was very good with words and
writing stories.
It was well known and no secret that her daughter, Tanya Ammoun, who was also a
qualified school teacher, who ran away from home at the age of 26, and went to
live in Kings Cross, the drug and prostitution capital of Sydney, New South
Wales with a drug pusher and drug addict and became a trainee belly dancer in
Kings Cross, and also sold services to people at $4,000 a time to tell them
what sex their baby would be, if they had their baby in a certain month of the
year, was writing a book about her life with a Lebanese Muslim man Ali Rachid
Ammoun and had just about finished it and was ready to launch to the world as a
best seller when this event happened.
Looking at all thing logically, it seems fairly clear that PJK and her
daughter Tanya Ammoun were planning to add this evening as a finishing chapter
to her daughter Tanya's book- the dramatic arrest of Ali Rachid Ammoun and the
eventual dramatic trial of Ali Rachid Ammoun, as great publicity for the
launching of her book. At the proposed sentencing hearing on the 24th April,
2008, PJK's daughter Tanya Ammoun had organised a big rally outside the Supreme
Court building where the sentencing was going to happen, of a group of woman
that call themselves victims of domestic violence.
PJK's statement made 6-7-07 seems to have changed again as far as a different
conversation between her and the man and states in
Paragraph 56
I can't remember exactly everything he was yelling, partly because I was screaming,
but I do remember him saying,
" You fucking bitch, you fucking bitch "
He kept repeating it as he was slamming my head
PJK then in Paragraph 59 goes straight into
" He put a black Hessian bag over my head and I could not see a thing. It
was tight against me skin and felt a little bit rough. I found it hard to
breathe.
Paragraph 61
I also remember him saying things like,
" it was all my fault"
Comment: It is very interesting to note that after she says the man has already
placed the black Hessian bag over her head in Paragraph 59, she goes on to say
in a later Paragraph 63, I did not open my eyes because he yelled for me not to
look
This statement does not seem to make any sense, what so ever, after KJP has
already said in Paragraph 53, that she had a black Hessian bag over her head.
If that was the case there was obviously no chance of PJK being able to see
with a black Hessian bag over her head. This statement is another example of an
obvious fabrication and does not make any sense, and in fact is very bad movie
script writing, and strongly supports the argument that Pamela Joy Kelpic is a
pathological liar and this is all a completely fabricated story that she had
made up as she goes that started off as basic story in her statement and the
keeps adding things into each statement to make it more exciting and more
damaging against Ali Rachid Ammoun.
One needs to also read paragraphs 65 to 113 in PJK's statement made the
06-03-07
Attached are pages 8, 9, 10 and 11 of this statement
Paragraph 64
He said, “You have got $250,000 in the house and I want it."
Paragraph 66
I said, “I don't have it. It is in the bank."
Paragraph 67
The man smashed my face into the tiles again
Paragraph 68
He said, " Tanya said you have $250,000 here."
Paragraph 69
When he mentioned Tanya I realised it was Ali Rachid Ammoun attacking me.
Paragraph 70
I said, "I have got $30 in my hand bag and another $50 upstairs. That is
all the cash I have on me."
Paragraph 71
Ali smashed my face in to the tiles again.
Paragraph 72
I knew Ali to be into money type and thought that was probably all he was
after. So I set about trying to give him what I had to get rid of him
Paragraph 73
I said, " If you want more cash we could go to the bank and get it."
Paragraph 74: Ali was swearing and hit my face into the tiled floor again
Paragraph 75: I said, " I have a diamond upstairs worth about $10,000. I could
find it if you want it."
Paragraph 76: Ali did not say anything to me.
Paragraph 77: He remained seated on my back all this time
Paragraph 78: Ali kept yelling and swearing and made reference to Tanya and the
kids. He said he was going to get Me, Tanya and the boys
Paragraph 79: At first I thought he meant my grandchildren, but then by
the way he was talking I realised he meant my sons, Anton and Luke.
Paragraph 80: I realised then I was in serious trouble.
Paragraph 81: Ali was still yelling and screaming at me to be quite, I was in
serious trouble.
Paragraph 82: Ali said, "Is anyone like Anton or Luke going to come to the
house or ring up."
Paragraph 83: I said, “Nobody is coming."
Paragraph 84: I think I must have gone in and out of consciousness while I was
in the laundry because things didn't really flow from one thing onto another.
Paragraph 85:
At one point Ali was opening and shutting and shutting doors. I heard him
open and shut the laundry/hallway door a couple times. It was as if he was
making out that some one else was in the house.
Paragraph 86: I heard him into my downstairs office and talk to someone.
Paragraph 87: Each time he did this it was really fast, so there couldn't have
been some one else there.
Paragraph 88: I heard him mention a man's name. I don't remember exactly what
name but it sounded Slavic.
Paragraph 89: Ali asked me at least twice if I wanted to know who was behind
this. He said something like, "Do you want to know who got me to do
this?"
Paragraph 90: I said that I didn't want to know because I thought that if I did
he would thump my head again. By then I was speaking quietly because I didn't
want him to thump my head again.
Paragraph 91: During all of this I thought that something was different about
Ali. I knew him to be violent arrogant man, but I never thought that he was
capable of what he was doing know. I was shocked.
Paragraph 92: The tone of his voice was different and the swearing and the
hatred from his voice, made me question whether it was actually Ali or not.
Paragraph 93: I said, "Have you taken something?"
Paragraph 94: He said, "I've been smoking grass".
Paragraph 95: By that I assumed he meant marijuana.
Paragraph 96: He also asked me about phones and in particular, mobile phones.
Paragraph 97: I told him I had one on the armchair in the lounge upstairs.
Paragraph 98: I don't know when or how but I know he went and checked the
mobile at some point during the night.
Paragraph 99: I remember at one point Ali told me I would have to ring Tanya
and get her to come over.
Paragraph 100: I said to him, "no, you will just kill her."
Paragraph 101: He said, “No I'm not going to kill her."
Paragraph 102: I said, " You're going to kill me too."
Paragraph 103: He said that he wasn't: Paragraph 104: He told me that he was
going to take me upstairs and with one hand grabbed the back of my
t-shirt at the neck and the other grabbed my shorts around my bottom.
Paragraph 105: He hesitated at my bottom and was so very scared that he was
going to do something to humiliate me sexually way before killing me."
Paragraph 106: So I said to Ali, "I'm 65 years old."
Paragraph 107: He just said, "Oh." It was in a thoughtful manner as
if to say, "You're that old?"
Paragraph 108: Then he took his hand away.
Paragraph 109:Ali dragged me by the head and arms out of the laundry towards
the stairs. He grabbed me from the back and lifted me
Paragraph 110: I don't remember how, but near on the stairs Ali changed his
grip on me.
Paragraph 11: As I was being taken up the stairs, Ali held me by the scruff of
my t-shirt at the back and a handful of the seat of my shorts in the middle
Paragraph 112: Ali took me to my bedroom and put me on my bed.
Paragraph 113: I don't remember anything being said for quite a while after
that. In fact I suspect that I was out of it at that stage, because I don't
remember anything and there is quite a lot of time that I just can't remember
what happened.
There is no doubt that Pamela June Kelpic's statements of the version of events
on Sunday 21st January 2007 are not truth full in circumstances that:
(i) She keeps changing her story about her hands and/or feet being tied
and/or untied;
(ii) Her story does not make logical sense when she says she was able to
untie her hands in the upstairs bedroom, and then plan an escape from the
house, however as a very intelligent woman she does not think to take a second
to untie her feet as well, and them make a run for it as fast as she can out of
the house. No one in their right mind would take all the effort and
determination to untie their hands, and then not use their free-hands to untie
their feet, which with free hands would have taken only a very short time to
escape (no more than about one minute) and be very easy to do. As against
risking trying to leave the house hopping and/or crawling with one's feet tied
which could have taken over half an hour and she may be far too slow with a
dangerous man running after her. This part of her story does not make any
logical sense at all and after telling this obvious falsity, no one could believe
anything else KPJK said.
(iii) In PJK's first statement she says her hands and feet were tied when she
escaped from the house
(iv) In PJK's other statements and on sworn oath at the trial she says her feet
were tied and her hands were tied.
(v) The neighbour Daniel Con Blogna of 3 Steinbeck Place, Spearwood stated
quite clearly without hesitation that he and the other neighbours untied rope
off her hands and there was no mention whatsoever of untying anything from her
feet and/or ankles.
(vi) She only gave evidence about being tied up with some sort of smooth type
packing tape very tightly on both her hands and her feet, yet in the end the
neighbours said that it was rope that they cut from her hands, not any sort of
tape.
Statement 22nd January, 2008
Para 41. I managed to get out the side gate and went directly across the road
to the house opposite.
Comment: In this statement by PJ Kelpic it did not seem to take much effort as
described in this statement, to get across the road with her feet tied
extremely tightly and her hands also tied extremely tightly with tape ( as
stated in this first PJ Kelpic statement made 22-1-07)
Para 42. I was still yelling for help as loud as I could. I got as far as the
driveway and the neighbours came out to help me.
PJ Kelpic stated on 22-01-08 that she went across the road, to a neighbours
driveway, yet in other statements PJ Kelpic indicates she only got as far as
her own driveway, which makes more logical sense, if she has her feet tied up
and is now meant to be on the ground wriggling her way along the ground
Pamela June Kelpic states in para 191 of her statement dated 6th March 2007
" I tried to wriggle my way along the ground by moving my backside form
left to right, gaining only few centimetres with every step. I did not get very
far and could not get back up onto my feet by myself"
In summary, there seems no doubt that Pamela Joy Kelpic is a compulsive and
deliberate liar who, as she states herself, in her victim impact statement,
written about 8 months before Ali Rachid Ammoun was even convicted, is a very
intelligent woman and has no problem or shame about getting up on a witness
stand under oath and telling all these obvious fabrications. The strange thing
about the fabrications and constant changing of her version of events is that
the lies she has told are so obvious to any observer reading all her different
versions of the alleged facts. You would think she would know she was going to
be caught out on these lies, because they are so obviously changing all the
time in material ways, do not make logical sense and are completely conflicting
with the independent witnesses being the neighbours. The most obvious falsity
being her statements that she was tied up with tape on her hands, and goes into
great length and detail to say how she managed to work the tape of her hands
and wrists by using her wrist bangles, with the tape still tied tightly around
her ankles, yet when she finally gets onto the street to seek help from the
neighbours, the neighbours say they had to cut rope off her hands, not tape
(when she swears she had nothing on her hands, only her feet tied) and the
there was nothing to cut off her ankles ( when she swears she still had the
tape tightly tied around her ankles still and that the neighbours help cut the
tape from her ankles). A blind person could see that Pamela June Kelpic had not
told the truth on the witness stand on the 8th February, 2008 about the events
of the evening of the 21st January, 2008 at
she would have wanted to get out of there as soon as possible to get
help, to try and save her daughter, and being an intelligent woman she says she
is, and obviously is, and a person who in very good and looking at details, and
takes a lot of notice of time, she would have quickly worked out that the best
and quickest way to try and get some help to save her daughter, was to remove
the tape tightly taped around her ankles, having being able to get her hands
frees, and make a mad dash for it out of the house and onto the street.
The other rather strange and unbelievable thing is that, as she states she had
her hands free, why didn't she make a quick phone call to 000 emergency
services to report what was happening, before she started the long and arduous
task of hopping, jumping and crawling out of a two story house from the
upstairs to the street with her hands free and her feet tied.
The statement of Henry Michael Sienkiewicz, aged 57, being ambulance
service number 52, attached to the Cockburn service area for many years as the
long term working partner of Michelle Farmer, the qualifies Ambulance Nurse
states:
At 11.19 pm he had a call to attend 4 Steinbeck Place, Spearwood, with the
worst patient being at 10 Barret Street, Spearwood and that he attended Pamela
June Kelpic at 3 Steinbeck Place, Spearwood, being opposite 4 Steinbeck Place,
Spearwood, and she told him that she did not ever lose consciousness during the
events that happened of whole evening of the 21st January, 2007. This statement
and evidence was conveniently kept away from the jury by the prosecution and
the police, by not calling Henry Michael Sienkiewicz as a witness at the
trial. If the prosecution had called Michael Sienkiewicz as a witness at the
trial, this would have completely exposed the false evidence of Pamela June Kelpic
that she on a number of occasions during her written statements and at the
trial that in the laundry and the bedroom that she went in and out of
consciousness to cover up where it was difficult to help together her and Tanya
Joy Ammoun's fabricated stories, as to how events unfolding the evening of the
21st January, 2007 at 4 Steinbeck Place, Spearwood.
Exert from Affidavit Ali Rachid Ammoun sworn 12th June, 2008
being paragraphs 15, 16,17and 18
15. Now I have had some initial help from the INL News Investigative Team and
my Enduring power of Attorney Julie Chambers to try and analyse what papers
they have been given from my legal team, I now am starting to understand what
happened and it all happened, in to end, up with a trial where all my
natural normal rights and all the normal rules of natural justice were not
given to me, even after paying about $150,000 for what I thought was one of the legal
teams I could obtain.
16. What seems to have actually happened, is that this guilty verdicts against
me, really were decided by the police, the forensic people, the neighbours and
the medical and ambulance nurse and staff and the prosecution team, at 11.25pm
on Sunday 21st January, 2008 when the two complainants, Pamela June Ammoun and
Tanya Joy Ammoun had their fabricated stories, that they put together in the 15
minutes they had when I was unconscious from 11.09.26 till about 11.23pm, when
the complainants Pamela June Ammoun and Tanya Joy Ammoun, both left the
property at 4 Steinbeck Place, Spearwood.
The evidence seems clear.
The last thing I did before I became completely unconscious in the back yard of
4 Steinbeck Place, Spearwood, on the evening on the 21st January, 2007, was to
make some phone call to 000, the emergency number, which everyone knows to
ring, out of reflex and/or habit rather than being done as a fully conscious
action.
I do not actually remember making that call that the phone records show I made
at 11.09.26 PM on my mobile phone, and thus can not comment on what the
transcripts say of the phone call prepared by the prosecution, as to what they
want to interpret as to what I was meant to have said, and what was actually
meant by what I said on that tape. There seems no doubt based on the evidence
produced by the police and the prosecution and their witnesses that, this phone
call that appears to have been made by me, was made in a delirious state,
almost unconscious state and the words would have had to come out wrong, which
would have been made worse with my accent and lack of really good English, and
mental and physical state at the time of making such call. So what ever the
prosecution want to allege that I was meant to have said, which I cannot
comment on fully, as I do not remember actually making the call, it is clear
that if I made that call, which it seems to appear that I did, it shows I was
the only one to even want to call the 000 emergency number, and actually made
that call, to get help,
a call that obviously the two complaints Pamela June Ammoun and Tanya Joy
Ammoun could and should have made, if they were the genuine victims that night,
and had honest intent and were desperate to bring the drama to the attention of
the authorities to save themselves and have me stopped form what they were
falsely alleging that I have done based on the false allegations that I was the
one to start all this that night. I know that what ever happened that night on
the 21st January, 2007, when I came to my mother in laws home, that evening to
talk peacefully, humbly and sensibly about possible future access to see my
other eight children, living with Tanya Joy Ammoun, a home that I considered as
a family home that I was welcome to come and go anytime without having to ask
permission to come into the home, ( I still considered myself family and my
divorce did not change) that for the last 14 years after being married to her
daughter all this time, I did not come around with any criminal intent of any
sort, and I do remember sitting in the lounge room talking peacefully and
sensibly with my ex-wife Tanya Joy Ammoun, and my mother in law Pamela June
Kelpic about me being able to see my children and I thought we had come to an
amicable agreement about it all. The all of a sudden at some point my ex-wife
Tanya Joy Ammoun attacked me with a knife, from which I received a serious
wound, which gashed heavily with blood, and I was hit over the head by my
mother in law Pamela Joy Ammoun with a heavy metal object like a hammer. The
evidence seems to support this and in the end it appears I made a phone call to
the 000 emergency numbers for help for all of us, told the emergency people
that there had been a serious fight of some sort, and that everyone was hurt
and needed urgent medical attention. I seems clear on the evidence that this
call was made at 11.09.26 pm and that was the last thing I did that night
before I became completely unconscious with the phone still in my hand from the
call, until I was found by the police and the ambulance nurse Michelle Farmer
at 11.25- 11.30 unconscious, with my eyes open and not responsive in any way to
Michelle Farmer professional test to obtain some verbal and/or physical
response from me. Even the pain test failed in obtaining a response form me of
any sort .This proves beyond reasonable doubt that I was truly unconscious, not
just asleep from drowsiness form the effects of smoking too much marijuana.
It now seems clear to me from the evidence produced by the police and the
prosecution, that it was from 11.09.26 pm till about 11.20-11.25 pm, that
the two complainants, my ex-wife Tanya Joy Ammoun and my mother in law Pamela Kelpic,
had the motive and opportunity to tie themselves up with rope, and leave the
home in different directions and at different times, while I was unconscious in
the back yard, and to make up a quick fabricated story between themselves which
included, what I sincerely believe, based on the evidence available, that my
ex-wife Tanya Ammoun, actually did self mutilation on herself by making small,
non life threatening cuts all over her body to make it all look worse that it
was and to make up that I have done this so she and my mother in law to falsely
and wrongly convince the police that I had attempted to murder her. A lot of
reasons have been mentioned to me as to why they would have done this, but
there is one particular major reason comes to mind. That is, if the truth be
known, I had come to my mother in laws home on the 21st January, 2007 with
peaceful and non criminal intent, to talk sensibly and reasonably with my
mother in law, whom I thought I had a good relationship with, about what
sensible future arrangements could be made for me to be able to spend time with
my children, whom I love very much, each and everyone of them. Then after going
there, it was my mother in law that decided to ring my ex-wife, to come over to
discuss the children, and it was only after the three of us had sat in the
lounge room, discussing it all for sometime, and I thought we all had come to
an amicable agreement, that out of the blue, I was attached by Tanya Joy Ammoun
with a knife and my mother in law with a heavy metal object like a hammer. So
in reality it appears that my mother in law and my ex-wife felt they needed to
fabricate what actually happened that night to protect themselves from being
charged themselves for attempting to murder me, which appears is what they
tried to do and nearly succeeded, if I had not had the automatic reflexes to
ring the 000 emergency number before I became fully unconscious. It now seems
clear, that this emergency call saved my life.




STEPHANIE PEATLING | The 1000 "best and brightest brains" have been selected for the Prime Minister's summit on Australia's future.

In interviews with the Herald, 20 of Australia's top CEOs reveal that they do not expect the global credit crunch to improve this year.
Photos Elle Macpherson is Revlon's new global brand ambassador.
Photos The fascination with fascinators is falling off, as hats make a trackside comeback.
Easy, light and tasty, this meal is the perfect weekend lunch. Serve with a crisp pinot grigio.
Simon Cowell's huge salary for American Idol has sparked anger on the set of the talent show.
WBC heavyweight champion Vitali Klitschko wraps his three-year-old son's soiled nappies around his fists. » Why?
Horror movie series 'Saw' is to be made into 'the scariest ride in the world' at Thorpe Park, say its creators. » More
Australian police have found the remains of a man in the stomach of a giant crocodile, close to where a 62-year-old Briton went missing. » More
Two housekeepers who worked at the Beckhams' mansion have been arrested for selling their stolen items. » More
Toyota has announced the price of its eagerly awaited iQ city car, due on UK streets in January. » How much?
Researchers have developed a robot which can tackle the chores, dance and show emotion. » What else can it do?
Music mogul Simon Cowell's GBP19 million salary for his work on hit American Idol has sparked controversy on the set of the talent show - because he's earning far more than his fellow judges.
The show's former executive producer Nigel Lythgoe has finally come forward to confirm Cowell's earnings after he was profiled in financial magazine Forbes.
And though Lythgoe insists the star is worth the multi-million dollar fee, he admits there has been jealousy between Cowell and his counterparts, judges Paula Abdul and Randy Jackson.
He says, "There is always jealousy in every job. Why is he getting more than the other two judges? Because it is believed that he brings more to the table. He has actually handled his negotiations quite brilliantly. He's only ever negotiated by the year. And now he is getting something like GBP11,892 per minute."
|
See the Top 100 most watched music videos on Yahoo! Music |
With a voice that can shatter windows and a taste for the dark, Diamanda Galas is not for the weak.
An amateur premiere of the Peter Allen musical brings Broadway to the suburbs.
Photos: Sights and sounds of the Byron Bay Blues and Roots festival.
It's time to make a statement - on your bottom.
Kevin Rudd was to formally tell George Bush yesterday that Australia would withdraw troops from Iraq.
LES KENNEDY | Pymble chef gives conflicting evidence about his knowledge and training to death inquiry.
Indonesia's Supreme Court rejects Schapelle Corby's final appeal against drug trafficking sentence.
Principal sacked for defrauding $2m in government funding says he is not alone in rorting scheme.
ARJUN RAMACHANDRAN | Torture and assault charges filed by US authorities against two men.
Audio: Malcolm Fraser speaks out against a Beijing boycott.
Lusty rulers and tights abound in these British sagas.
With a voice that can shatter windows and a taste for the dark, Diamanda Galas is not for the weak.
An amateur premiere of the Peter Allen musical brings Broadway to the suburbs.
Photos: Sights and sounds of the Byron Bay Blues and Roots festival.
It's time to make a statement - on your bottom.
Lusty rulers and tights abound in these British sagas.
With a voice that can shatter windows and a taste for the dark, Diamanda Galas is not for the weak.
An amateur premiere of the Peter Allen musical brings Broadway to the suburbs.
Photos: Sights and sounds of the Byron Bay Blues and Roots festival.
It's time to make a statement - on your bottom.
With a voice that can shatter windows and a taste for the dark, Diamanda Galas is not for the weak.
An amateur premiere of the Peter Allen musical brings Broadway to the suburbs.
Photos: Sights and sounds of the Byron Bay Blues and Roots festival.
It's time to make a statement - on your bottom.
Kevin Rudd was to formally tell George Bush yesterday that Australia would withdraw troops from Iraq.
LES KENNEDY | Pymble chef gives conflicting evidence about his knowledge and training to death inquiry.
Indonesia's Supreme Court rejects Schapelle Corby's final appeal against drug trafficking sentence.
Principal sacked for defrauding $2m in government funding says he is not alone in rorting scheme.
ARJUN RAMACHANDRAN | Torture and assault charges filed by US authorities against two men.
Loeb pounces on Hirvonen Rally misery
Cahill out for season with broken foot
British women claim cycling team ...
Welcome to Perth, the capital of Western Australia. It’s four hours closer than Sydney and the perfect place to start your Australian holiday.
Nowhere else in the world can you experience and interact with such unique natural attractions.
Dive with the world's largest fish - the whale shark, snorkel with manta rays, swim with wild dolphins, walk amongst the tree tops of ancient trees, sleep under a canopy of stars in the desert, or explore the beehive-like formations of the Bungle Bungles with the help of an Aboriginal guide.
Sun, adventure, an awesome natural environment and friendly people - it's what you'll find on a holiday to Western Australia whatever time of year you visit.




The rugged ranges and coastline of the eastern North West region is one of the world's last true wilderness areas, with some parts still truly isolated even today
View More
11 Days
Meet some intriguing marine animals by exploring Western Australia's underwater Eden. Get up close and personal with whale sharks, manta rays and turtles or watch them at play.
View More
DOES Earth Hour really work? It depends how you define "work", say organisers, who are honest about the event's symbolic role in the face of a degree of public apathy and scepticism.
FELLOW electricians Justin McInerney and Tony Bautista have never met, and probably never will, but the pair are playing their part in Earth Hour tonight.
A PRIVATE school principal sacked for defrauding $2 million in government funding in a failed bid to save his school from closure says he is not alone in rorting the controversial Commonwealth funding scheme.
KEVIN RUDD was to formally tell George Bush yesterday that Australia would withdraw its combat troops from Iraq and compensate by increasing financial and humanitarian help and by training Iraqi security forces outside the country.
THE defence chief, Angus Houston, has ventured into the sensitive topic of Pakistani-Western relations, calling for diplomatic pressure to convince Pakistan to crack down on insurgents flowing into Afghanistan.
DANIEL Gilmore knows the precise moment his life changed. He was six years old and raining blows upon his brother with a tube made of cardboard.
EVERY working day, more than 200 health professionals, mostly doctors, attend an "educational event" garnished with food and drink supplied by a pharmaceutical company.
THE Indigenous Affairs Minister, Jenny Macklin, believes violent Aboriginal men - many in the grip of alcoholism - have been largely ignored by the the emergency intervention, which has correctly focused on the victims of abuse.
A CHEF who prepared a cream asparagus sauce implicated in the death of an 81-year-old man has given conflicting evidence about his knowledge and training in the safe preparation and handling of food.
THE long-time speaker of the House in the US Congress, Thomas "Tip" O'Neill, said famously, "All politics is local." Apparently he knew a thing or two about Sutherland Shire.
PUBLIC hospitals are on the brink of collapse, with a new study revealing almost two-thirds of doctors and nurses have seriously considered quitting in the past year because they are exhausted and disaffected, a leading workplace researcher has said.
THE 1000 "best and brightest brains" have been selected for the Prime Minister's summit on Australia's future, a list that is supposed to represent everyone from "electricians through to university professors".
A LOOPHOLE in election laws that has allowed would-be politicians such as Pauline Hanson to make large taxpayer-funded profits from standing for Parliament will be closed.
History stands against Kevin Rudd's ambitious plans for constitutional change, writes George Williams.
CHRISTINA RICH walked into court with a large smile and it did not leave her face throughout the long-awaited settlement of her sexual harassment claim against the accounting firm PricewaterhouseCoopers.
LESS than two months after leaving Channel Nine, Ray Martin has been contracted by the Catholic Church - apparently on the recommendation of SBS, for whom he has never worked.
The discovery of HMAS Sydney has spurred calls to search for another Australian ship destroyed by enemy fire. Tony Stephens, whose father, Britt, was among the hundreds killed on the hospital ship Centaur, reports.
THE State Government will not abandon its Betfair inquiry even if the global online gambling agency begins operating in NSW.
THE State Government is considering using wireless laptops rather than expensive cable-connected desktop computers to avoid some of the extra costs they have been lumped with because of the education promises Labor made before the federal election.
THE notion that a fellow soldier walked into Private Jacob Kovco's room in Baghdad and shot him was not sustainable and "may be no more than the last grasp of a loving mother who cannot bring herself to accept that her son was less than perfect", counsel told Glebe Coroner's Court yesterday.
IT BEGAN with two firefighters demonstrating against George Bush's visit to Sydney during the Asia-Pacific Economic Co-operation summit.
THE NSW Police Force is losing experienced officers not because they dislike their jobs but because they are disgruntled with the organisation and their conditions, a study of recruits has found.
IT MAY be of little consolation to Cliff Richard and Molly Ringwald, but nearly 30 years after Olivia Newton-John's spandex and sweatband turn in Xanadu, roller skating is back in fashion.
Putting Aboriginal languages on the curriculum in Walgett has improved race relations. Joel Gibson reports.
SYDNEY'S historic parole court will move on Monday from Hospital Road - where it has sat, in rooms 26 and 17, for more than 40 years - to the new justice precinct at Parramatta, joining the Attorney-General's Department and new law courts.
Does the treatment of detainees in Guantanamo Bay make you really, really angry? Do you hate the Liberal Party? Well it's time to make a statement - on your arse.
Does the treatment of detainees in Guantanamo Bay make you really, really angry? Do you hate the Liberal Party? Well it's time to make a statement - on your arse.
When Vivienne Westwood recently took the catwalk at London Fashion week for the first time in nine years, she sent her lead model down the catwalk wearing Agent Provocateur's Guantanamo-orange "Fair Trial My Arse" knickers.
Westwood's son, Mark Corre, runs the saucy lingerie chain. He, together with the human rights lawyer Clive Stafford Smith, designed the undies after guards at Guantanamo Bay accused Reprieve (which represents dozens of detainees held in Guantanamo without charge or trial) of smuggling underwear to detainees.
Says Corre: "I don't really mind who buys them, or if we sell any at all. As a company we've often taken an interest in the political theatre.
"Whoever said you can't mix business with politics is obviously an idiot, as the two are inextricably linked," he said.
In Australia, Polichicks operates in Fitzroy, selling a range of left-wing clothing. They survived the long, long Howard years by creating leopardskin-print underpants, hoodies and caps that bear the slogans: "Vote Liberal? My Arse!", "Let's Give the Liberals a Whipping" (featuring a saucy Jessica Rabbit-style vamp with a whip) and a "Sorry" truckin' cap. The temporary tatts that read "Kevin" and "Julia" are for ALP tragics only.
Then there's the ultimate in immersion politics. The cosmetics chain Lush - which sells all manner of sickly sweet smelling creams, body butters and shampoos - has released a Guantanamo Bay bath bomb. It is orange to represent the prison camp's jump-suit uniforms.
You hop in the tub with your bomb (sold as the Guantanamo Garden) and it fizzes and dissolves in the water to reveal a waterproof photo of a prisoner. Euuww. That's slightly gross.
Tory MPs have derided the bath bomb as insensitive. "There must be better ways of educating younger generations on international terrorism, rather than Lush making a tacky bath bomb," said Tobias Ellwood, whose brother died in the 2002 Bali bombings.
As for the Guantanamo undies, the British Prime Minister, Gordon Brown, was delivered a pair by Clive Stafford Smith - it is not known whether they have become his "lucky undies" or they lie unused in his smalls draw.
Therein lies the rub with protest intimate apparel. Unless you're an exhibitionist, you are not really putting your arse on the line for your beliefs.
We've moved from the mass protests of the early days of the Iraq war, where millions took the streets around the globe with banners and loudspeakers, to having a solipsistic wallow in the bath with a bright orange Guantanamo bath bomb.
Oh well. At least we'll emerge clean and fragrant from the protest.
A model in protest panties at Westwood's show.
SYDNEY'S historic parole court will move on Monday from Hospital Road - where it has sat, in rooms 26 and 17, for more than 40 years - to the new justice precinct at Parramatta, joining the Attorney-General's Department and new law courts.
One of the authority's last orders of business before the move was to discuss parole for NSW's longest-serving prisoner, the triple murderer Eric Turner, in a private hearing on Friday. He has spent 57 years in jail.
Turner was sentenced to death - which was later commuted to life - in 1948 for strangling his 15-year-old girlfriend and killing her father with an axe. When he was released in 1970 he killed two more people.
The chairman of the Parole Authority, Ian Pike, said parole courts were emotional places - for the prisoners, who hoped for their freedom, and for victims and families of victims, who often dreaded their release.
"It revives all the emotion of the time when the offence was originally committed."
Jordan Baker Look who's talking now ... students at St Joseph's take part in an indigenous language class. They are among 5000 across the state who are learning some of the oldest languages on earth. Ned Yeomans, the 11-year-old school captain at St Joseph's Catholic School in Walgett, has a couple of rare talents for a blond-haired boy from the bush. He is something of a super-fish, having represented NSW and placed fourth in the under-11 years breaststroke at the Australian swimming championships. He also speaks Yuwaalaraay, the indigenous language of Walgett's Aborigines. Asked to demonstrate his skills, he grins, looks skyward for a moment, and offers the following: "Dhigayaa buluuy nhama muyaanga. That means 'the black bird is in the big tree'. Dhigayaa means bird, buluuy means black, nhama means the and muyaanga means in the big tree". Ned's mate Geoffrey Walford, 10, a member of the large indigenous family that produced the rugby league player Ricky, reckons their language skills might come in handy one day. "When you get a job, and they ask you how many languages you can speak, you can say two!" he says. Ned and Geoffrey are two of the 170 children at St Joseph's and an estimated 5000 across the state who are learning some of the oldest languages on earth, because they attend a mostly indigenous school. They say it's fun. But teachers, parents and linguists say it is improving self-esteem, literacy and school attendance, rescuing indigenous languages from near oblivion and bringing communities such as the 8000-member Walgett shire, 700 kilometres north-west of Sydney, closer together. "It's the white kids and the black kids," says Sharon Cooke, an Aboriginal education consultant for the Catholic diocese of Armidale. "They all learn together and sing together, it's really quite beautiful, it's quite emotional when you see it ... and not just for the Aboriginal kids. You'll see the pride on the faces of non-Aboriginal kids as well, that they're learning this language." Cooke, who oversees 25 Catholic schools, says the positive effect of the language program is palpable at St Joseph's, where just over half of the students are indigenous and Yuwaalaraay is now the school's compulsory language other than English under Board of Studies guidelines. Tanya Morgan, a teaching assistant and mother of four former students, said her daughter Courtney had been "a shy little Aboriginal girl who blossomed when she started learning the language". Her son, Nathan, went from the backblocks of Walgett to the presitgious St Joseph's College in Hunters Hill on a scholarship and is now studying education at the University of Sydney. "I think it was the confidence they got from learning the language and having that pride," Morgan said. "Three of my girls are now studying Japanese at Mary MacKillop College." However, not all St Joseph's parents were supportive of the classes at first, including the indigenous ones. In 2005, 92 per cent of indigenous parents and 55 per cent of non-indigenous parents were in favour, said a report by Dr Paddy Cavanagh at the Australian Catholic University. Those who were opposed wanted a choice of languages, or preferred the teaching of European languages that could be continued in high school or Asian languages for business purposes. But most had now come around, says Meredith Logan, a non-indigenous teacher and mother of a kindergarten student, Claudia, 5. "There's always some hesitation when new things first are introduced but I think everybody knows it's part and parcel of our school and it's ingrained as a positive thing now and any teething problems along the way have all been ironed out. "It's just teaching [the non-indigenous children] generally to be tolerant of other people and other people who are different. People can be different but essentially everybody's the same." For those who have lived in Walgett since the first half of last century, it has changed the town. "I can speak for a lot of our elders who feel the same as I do, and I look at it this way, it's reconciliation. It brings two cultures together instead of pulling away from one another, which we used to do, says Aunty Fay Green, a local elder. "They're together now, they are. You can see that in the school, they stand by one another." The story of how Ned, Geoffrey and their peers came to speak Yuwaalaraay is one of flukes and near-fanatical devotion. There almost wasn't a language left for them to learn. Gathered on reserves and missions and apprenticed to farms and factories, most of the Kamilaroi and Yuwaalaraay people indigenous to the land where the Namoi River meets the Barwon River stopped speaking their native tongues early last century. "A generation ago language was spoken out there on the mission ... but we children weren't allowed to speak it. Even if you knew it, you wouldn't speak it because you would be frightened of being taken away," Green recalls. Even among Aborigines, speaking their language sometimes drew admonishment - an attitude that had become entrenched in the present generation when the language teaching began. "The kids were very shy when it started," Green says. "They lacked self-esteem and they used to say 'shame' about things like that, so I had to tell them to be proud." But a handful of dissidents had kept the languages alive last century - using them while "out on the track" or at home with family and friends. Passing anthropologists had recorded two octagenarian elders, Arthur Dodd and Fred Reece, speaking on tape. By 1994, when a Christian Brother named John Giacon arrived in Walgett, an elder called Uncle Ted Fields, speaker of several indigenous languages, was teaching occasional lessons at local schools. Together they began to put the remnants of oral knowledge down on paper, and over a decade built a 350-page dictionary of Kamilaroi and Yuwaalaraay words. They also developed extensive teaching resources, using the tapes, the memories of elders and an elementary grammar compiled by a visiting PhD student 30 years ago. Today, Giacon teaches masters students in Aboriginal languages at the University of Sydney. "Lingo" teachers John Brown and Karen Dumas spend 100-plus hours a year in the classrooms at St Joseph's and nearby state schools, using everything from a guitar to "lingo bingo" boards to impart the language of their ancestors to Walgett's children, black and white. Since the language program began, notwithstanding the drought, indigenous enrolments at St Joseph's have grown from 30 to almost 100 students. If it's a minor miracle that indigenous languages are being taught in Walgett, it's a major one that they are also being taught in 45 other schools in NSW. Australia has the dubious honour of being the world's capital for endangered languages, according to the Enduring Voices Project, a language preservation initiative backed by National Geographic magazine. David Harrison, the project's co-director, has said we risk losing "an immense storehouse of knowledge", particularly about our country and the species that live in it. It is children who often decide a language's fate, he said, when they choose to abandon an ancestral tongue for another more widely used language. Although there are indigenous languages being taught in more or less structured ways throughout Australia, NSW remains the only state with an indigenous languages policy, enabling easier co-operation between government agencies. St Joseph's has, by many accounts, the best language program in NSW, but it was the serendipitous outcome of prior research, an inspirational educator, a trusting indigenous community and a Catholic Schools Office dedicated to the notion - an alchemy that is not easy to replicate elsewhere. First, there is the fact that languages in some areas are all but extinct (see breakout story). Then there are the sometimes delicate relations between indigenous parents and schools. "The first priority is that the local Aboriginal community wants their language available in a school context. Some feel their language was stolen and want to keep it to themselves," says Professor Gordon Stanley, the president of the NSW Board of Studies. Third, a program requires community members who are willing and able to teach, as well as funds to develop resources to teach with. Even at St Joseph's the submission-based nature of federal government funding means the future of the program is never guaranteed. Next, the community must be able to work with a linguist to revive their language, some of whom are accused of not having indigenous people's interests at heart. And once a program is up and running, the departure of a teacher can scuttle it. At St Joseph's, for example, where Dumas is now a qualified teacher, her aspirations to work full-time mean that the principal, Anthony Spiller, must now hunt for a funding needle in the haystack to train a replacement. "There is no systematic approach to training language teachers," Giacon says. "And sometimes protocols that say the community is going to decide who teaches the language can hold it back." Despite those hurdles, 41 state schools in NSW were teaching Aboriginal languages to some degree by 2006, according to a Board of Studies survey - although few offer it as their mandatory, 100-hour language other than English. Only five of the schools teaching indigenous languages were Catholic or independent. "It has been a long journey," Stanley says, but language programs in schools such as Broulee Public School on the South Coast have now become an attraction for some parents. Others at Bourke High School, Bowraville Public School and Chifley College in Mount Druitt have won plaudits. The development of a Board of Studies kindergarten to year 10 syllabus in 2003 has also led to increased interest from communities and schools, which has sparked interest in mainstream Aboriginal language courses in the broader community, says a Board of Studies inspector, Kevin Lowe. It has led TAFE and the University of Sydney to offer new courses in Aboriginal languages - all of which benefits Aboriginal communities. A language centre at Nambucca Heads, also assisted by a Christian Brother linguist, is reviving the Gumbaynggir language in that part of the world for both schools and elders who want to learn the language that was denied them as children. In Newcastle, the Arwarbukarl Cultural Resource Association is building technology that allows indigenous communities to rebuild language and has trained 20 communities around Australia in how to use it, with sponsorship from Microsoft. The former indigenous affairs minister Mal Brough recently criticised indigenous language teaching when English was not the child's first language. However, those criticisms are less relevant when Aboriginal languages are taught as a language other than English under the Board of Studies curriculum, in the same way as foreign languages might be. But the benefits of language revival are not as easily measured as health or employment outcomes. On the day that the Australian Parliament apologised to indigenous Australians for their past mistreatment, Brough told a Quadrant magazine event that he did not need academics in Sydney and Melbourne telling him languages were dying out. "We are seeing people wiped out," he said. "Let's get that right and maybe the culture will live on." For Giacon, a self-described "wog" who remembers coming to Australia in the 1950s and being told by his Italian mates to speak English and "be an Aussie", the St Joseph's experiment shows the two are inseparable. "My father went to year six and my mother went to year seven. But I've got three or four degrees and my sister's a pharmacist. In Walgett, I would say to myself, these kids are at the same level I was at in the '60s and '70s. And yet they're not getting uni degrees," he says. "The more it's OK to be a blackfella, the better your health is going to be ... I think the head space and the gut space of indigenous people is crucial to whether they are going to get jobs and look after themselves." Linguistic fragments In 1788, there were 70 Aboriginal languages in NSW; only a handful are still in use: Australian Test cricketer Michael Clarke and model Lara Bingle have sealed their union with a whopping five carats. More Today's National Coverage
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Talking in tongues

Photo: Lisa Wiltse
* Yuwaalaraay - 2500 words remaining;
* Kamilaroi (Gamilaraay) - fewer than 1000 words. They have a 70 per cent vocabulary overlap.
* Yitha Yitha (NSW/Victorian border) - fewer than 150 words.
North Coast languages, such as Gumbaynggir, and the far west survived better than South Coast and north-western tongues.Bling time for Bingle as Clarke proposes
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Bladerunners … a new generation warms to the thrill of roller skating at the Future Music Festival in Randwick recently. IT MAY be of little consolation to Cliff Richard and Molly Ringwald, but nearly 30 years after Olivia Newton-John's spandex and sweatband turn in Xanadu, roller skating is back in fashion. More than 1000 young people lined up for the recent Future Music Festival for an old-school roller disco. It was one of the sold-out electronic music festival's free attractions. Bill Vertucci, who has owned Manly Blades for 16 years, supplied the festival's roller disco with 200 pairs of skates, including 40 pairs of white, traditional high-top leather skates. "The response was unbelievable," he said. "Everything retro gets cool again. [When people want] to put a smile on their face, they go back to what they did when they were kids." It was hard not to "love the look", he mused. Rising demand for all types of skating has enabled Mr Vertucci to open a second shop recently, in Centennial Park, and he has renamed the combined business Skater HQ. Bob Kersten owns what is said to be Sydney's only roller-skating rink, Penrith Skatel, in Emu Plains. He ran rinks at Mount Druitt, Windsor and Penrith, which all closed as demand dropped over the past few years. The Emu Plains business was doing well, he said. "We see a lot of new faces each week," Mr Kersten said of the few hundred people who come through the doors weekly. On Saturday nights there is a roller disco with a family vibe. Gawaine Davis of Skate NSW, who coaches at the rink, said skaters from the 1970s and '80s were taking up skating again and bringing along their children. Grandparents often come along too because, as Mr Kersten put it, "everyone can join in". Less demand for skates in recent years has made it difficult for suppliers to obtain stock. Mr Vertucci said he often had to import skates from places like the US, where the market is bigger. THE NSW Police Force is losing experienced officers not because they dislike their jobs but because they are disgruntled with the organisation and their conditions, a study of recruits has found. Like police services around the world, NSW is struggling to retain recruits. Officers are leaving at a rate of more than 700 a year, and at last count almost half of the state's frontline police had less than five years' experience. Janet Chan from the University of NSW's School of Social Science and Policy followed a class of recruits over 10 years. By the final survey in 2005, 20 per cent of the 150-strong group had left, 93 per cent had been promoted and just under half did general duties. She found officers' satisfaction with their job declined significantly within the first two years, but was restored after nine or 10 years. However, it was these longer-serving officers who were seriously considering leaving. They were satisfied with their job choice but dissatisfied with the police organisation and conditions such as pay and the promotions system. General duties police were significantly less satisfied than others. "General duties were seen as futile and unrewarding because officers felt like they were 'chocolate soldiers' or 'security guards' doing routine work rather than using their skills and abilities," Professor Chan wrote in her paper, which will be published this year in the international journal Policing: A Journal of Policy and Practice. "Satisfaction with the police organisation could vary with the degree of care and support officers received in their day to day police work, recognition for good work and availability of career and education development opportunities." One senior constable said of his attitude to policing: "As much as I hate it, I still love it, and I still find the work addictive and I can't see myself doing anything else outside the police … because it is in the blood." In the 2006-07 financial year, 780 police left the force in NSW, compared with 727 officers the year before, the annual report shows. Most were declared medically unfit, but more than 260 resigned. Only 24 retired and 17 were dismissed. Of the 57 officers who left last October, 16 were sergeants and above, and 29 senior constables. Professor Chan said police organisations should take seriously the need to support officers in their work and career development, and improve conditions in order to keep experienced police. "Given the high level of satisfaction with policing as a chosen career, most officers are capable of making valuable contributions to the organisation if they are appropriately supported and appreciated," she said. The police force has changed its promotions system since 2005. A program is also under way to lure back skilled officers who have left the force. Missing in action … the banner belonging to the Fire Brigade Employees Union at the demonstration in Hyde Park during the APEC summit last year. IT BEGAN with two firefighters demonstrating against George Bush's visit to Sydney during the Asia-Pacific Economic Co-operation summit. Now a feud over the confiscation by riot police of a fire brigade union banner during the protest march has escalated, with a complaint to the Police Integrity Commission, a referral to the NSW Ombudsman and the last-minute intervention of the Police Minister, David Campbell, with a promise to return the missing article. On September 8 last year the two firefighters, Jeremy Fewtrell and Luke Unsworth, were taking part in the peaceful demonstration in Hyde Park, outside the officially declared APEC zone, carrying the banner while their colleagues carried five union flags. According to a statement prepared for the integrity commission by Mr Fewtrell, and obtained by the Herald, three riot squad officers snatched the banner and flags. "Luke Unsworth and I were walking quietly away from the area at the time of this encounter and were doing nothing to provoke this attack or draw attention to ourselves," he wrote. "As we were walking, three police officers set upon us from our rear and surrounded us. Without any introduction or explanation they aggressively demanded the [Fire Brigade Employees Union] banner and flags from me. "I asked them why this was necessary and the three of them then violently reefed [the banner and flags] from my hands. I was told that if I asked any further questions, they would arrest me. One of the police officers … then took the banners away from the immediate area." None of the officers was wearing name tags. The officers told Mr Fewtrell he could collect the banner and flags later that day from the Sydney Police Centre, but they were not available. The secretary of the NSW Fire Brigade Employees Union, Simon Flynn, speculated that police may have taken the banner as a souvenir. "This is exceptionally bad for the relationship between police and firefighters, who have historically worked well together in the interests of the public." Mr Flynn says the head of police internal affairs told him the police "had no case to answer" but had acknowledged the officers had taken the banner and recommended reimbursing the union. Mr Fewtrell, who was based in several inner-city fire stations at the time of the incident and is now based in Dubbo, said he and his colleagues had been wearing T-shirts that clearly identified them to police as fellow emergency service workers. "The police seemed pumped up on the day and were clearly spoiling for a fight," he said. "They were disappointed that it did not happen. This incident has made me more wary of dealing with the police." Mr Campbell, in a letter sent to Mr Fewtrell, praised police for their handling of the APEC demonstrations, but did not answer the question about the whereabouts of the missing banner and flags. But late yesterday, after inquiries from the Herald, Mr Campbell said the banner and flags had been found and would be returned next week. "It is unacceptable. There is no doubt the flag should have been located and returned earlier." Malcolm Brown THE notion that a fellow soldier walked into Private Jacob Kovco's room in Baghdad and shot him was not sustainable and "may be no more than the last grasp of a loving mother who cannot bring herself to accept that her son was less than perfect", counsel told Glebe Coroner's Court yesterday. John Agius, SC, counsel assisting the State Coroner, Mary Jerram, in her inquiry into Private Kovco's death, told the jury in his final address that it should not allow sympathy for the family or the enormity of the event to influence its deliberations. He said the now Lance Corporal Stephen Carr had been nominated as a possible culprit because his DNA was on the grip and slide of the Browning self-loading pistol that killed Private Kovco, but there was no evidence that he was even in the room at the time, and the theory that he fired the shot should be dismissed. Mr Agius said there were a number of possible findings: that Private Kovco shot himself accidentally through mishandling the weapon; that he committed suicide; that he recklessly put the gun to his head thinking it was probably loaded but indifferent as to the consequences; and that he put the gun to his head not realising it was loaded. After going through all the scenarios, he said that the most likely one was that Private Kovco had been joking around in his room, mimicking music, acting out a dream he had had a month earlier about shooting himself in the head and had "momentarily" forgotten that there was a round in the chamber. Private Kovco had sometimes demonstrated a cavalier attitude towards weapons and earlier in the day, finishing guard duty at the embassy's entry control point, where his pistol needed to be in a high state of readiness, he had taken a short cut and not fully unloaded the weapon, merely eased the hammer back and left a round in the chamber. The pistol was still loaded when he was in his room on the afternoon of April 21, 2006, but by then the hammer had been pulled back and the safety catch was off. He had been listening to a song by the Cranberries, called Dreams, which might have reminded him of his own dream. He was with roommates, the then privates Rob Shore and Ray Johnson, and was acting in a way consistent with his high spirits and exhibitionist approach to life. "He expected to make a show for his mates and pulled the trigger back, expecting to hear a click," Mr Agius said. The inquest, which began on February 11, followed a Military Court of Inquiry that found in December 2006 that Private Kovco had shot himself while "skylarking". Mr Agius said the nature of the pistol meant it was unlikely to accidentally discharge. The "bump theory" - that Private Kovco had hit his bed with his arm and accidentally discharged the weapon - could be discounted. He said a finding of suicide was a serious matter and the jury would have to be "comfortably satisfied" with its verdict. The hearing resumes on Monday. THE State Government is considering using wireless laptops rather than expensive cable-connected desktop computers to avoid some of the extra costs they have been lumped with because of the education promises Labor made before the federal election. Labor made an election vow to deliver a computer for every school child, but only committed to providing the hardware. The states have strongly objected to the huge extra costs, running into hundreds of millions of dollars, for the cabling, security, software licensing and maintenance of the centrepiece of Kevin Rudd's "education revolution". Left to foot the bill for the associated costs, the states have made it clear the Government should take care of its own election commitments. "They now understand that this is going to cost us a lot of money," said a spokesman for the NSW Minister for Education, John Della Bosca. A communique issued after the premiers' conference on Wednesday acknowledged that the Federal Government should be responsible for its election commitments involving extra costs for states and territories. At the same meeting, the Federal Government agreed to provide incentive payments to deliver education programs in disadvantaged schools. A working group from the premiers' conference is expected to negotiate with the states on which areas the payments will cover and how they will be distributed. The Minister for Education, Julia Gillard, said yesterday that she wanted to deliver reforms in a nationally co-ordinated way. "Working with struggling schools, which are often in low socio-economic status school communities, will be a key priority. This will involve extra resources, which we want to make sure are well-targeted, integrated and focused on delivering improved outcomes." The Federal Opposition said many schools would get a computer but no internet connection. "The Rudd Government has refused to commit to funding the ongoing costs like broadband access, rewiring and adding power outlets, higher electricity bills, air-conditioning, security, insurance, maintenance of the network and hardware," said Brett Mason, the shadow parliamentary secretary for education. "These are not insignificant costs; the cost of rewiring a school to accommodate new computers will be over $100,000 for the average school." The president of the NSW Secondary Principals Council, Jim McAlpine, has written to principals advising them to hold-off on responses to the Government's online survey about what they need to achieve the promised digital revolution. "The [council] is currently in consultation with the Department of Education and Training to establish the best possible approach to achieving the digital revolution in our schools," he wrote. While most of you will have received letters from the Commonwealth asking you to start completing online submissions, there are dangers in jumping in too early." THE State Government will not abandon its Betfair inquiry even if the global online gambling agency begins operating in NSW. The Minister for Gaming and Racing, Graham West, yesterday confirmed he wanted the head of the inquiry, Alan Cameron, to continue looking into all aspects of betting in NSW, including bookmakers' conditions, TAB fixed odds betting and advertising laws. Betfair may soon advertise and operate in NSW following a High Court ruling on Thursday against West Australian legislation that had banned Betfair from operating in that state. The High Court found Western Australia's ban on Betfair, which is half-owned by the businessman James Packer, was unfair because it imposed protectionist burdens on interstate trade and so contravened section 92 of the constitution. Mr Cameron, the former chairman of the Australian Securities and Investments Commission, was appointed to head an inquiry into Betfair and other wagering matters in December and is expected to report in July. By that time, Betfair could be operating in NSW. A spokesman for Mr West said the Government would not comment further on Betfair until it had received advice from the Crown solicitor about the implications of the High Court decision. He said Mr West would continue to meet the racing industry, which strongly opposes the introduction of Betfair. Betfair proposed to pay Racing NSW 27 cents out of every $100 bet, whereas bookmakers pay $1 and the TAB pays $5. A spokesman for Betfair said the High Court ruling did not relate to advertising in Western Australia and so the agency could not predict the impact of the decision on its NSW business. Family's grief ... Ted Leask holds a photo of his father, Malcolm, and the three brothers he lost on the Centaur. Left to right: Harold, Alexander, Malcolm's wife Orba, Malcolm and Henry. PERHAPS the most bitter irony of World War II for Australians was how the ship that rescued survivors of the German raider Kormoran was later torpedoed and sunk by a Japanese submarine, with the loss of 268 lives. The story of how the rescuer of an enemy became the enemy's victim reached the Prime Minister, Kevin Rudd, this week. The story emerged with the Geosounder's discovery of HMAS Sydney and the Kormoran off the West Australian coast. Descendants of the men who died in the Centaur, the hospital ship sunk in defiance of the conventions of war, have urged Mr Rudd to support a similar search for it. The Kormoran's destruction of the Sydney on November 19, 1941, taking the lives of all 645 crew, was the Australian Navy's worst tragedy. The sinking of the Centaur, off the Queensland coast on May 14, 1943, was Australia's greatest wartime disaster in the Pacific. Seventy-eight Germans died, too, in the Kormoran's clash with the Sydney. But the Centaur, then a merchant vessel, picked up 61 survivors and transported 160 to Fremantle. Only 63 men - and a nursing sister, Ellen Savage - survived the sinking of the Centaur. Of those, only three, all merchant seamen crew members, are known to be alive today. And of those three, only Martin Pash is in relatively good health. Welcoming the push for a search, Mr Pash said at his home in Melbourne: "It's time the arguments over the Centaur's exact location can be settled and protected." Ted Leask, of Canberra, lost three uncles when the Centaur went down. Alex, Harold and Henry Leask were all members of the 2/12th Field Ambulance, as was his father, Malcolm. Malcolm would have been on the hospital ship, too, except that he had taken compassionate leave to care for his wife, Orba, and authorities thought that three brothers on one ship in wartime was enough. Mr Leask said he supported any move for a search, although some of his eight brothers and sisters believe the Centaur should be left alone, somewhere east of Moreton and Stradbroke islands. The Centaur, painted white with a green band around the hull and illuminated with freshly painted red crosses, was bound for Port Moresby to pick up sick and wounded troops. She now lies in at least 1800 metres of water. In 1990 the Australian government declared the ship a historic wreck and a war grave. The official Australian War Memorial history records the sinking: "There was no time to launch the lifeboats. Of those who managed to get off the burning ship, some were killed in the water by flying metal, some pulled down by the suction and others burnt by the flaming oil … Sharks swam round the rafts…" Not a devout Catholic ... Ray Martin. LESS than two months after leaving Channel Nine, Ray Martin has been contracted by the Catholic Church - apparently on the recommendation of SBS, for whom he has never worked. Martin will be paid to fill 13 hours of live television for World Youth Day, but said yesterday he was not a devout Catholic. "I was raised a Catholic. I was educated a Catholic. I'm the imperfect Catholic, if you like," he said. "I'm probably ecumenical, but you know what the Jesuits say - you get a boy at the age of seven and you've got him forever." After failing to reach a deal with the ABC, youth day organisers have engaged IMG Media to produce their event coverage - part of a deal with the Vatican that stipulates footage of the Pope's visit be supplied free to Catholic broadcasters and their audience of about half a billion people. Martin, whose involvement was announced by Cardinal George Pell yesterday, said it would be the largest audience he had broadcast to and it would be a struggle to generate the content. "[Cardinal Pell] said, very wisely, that while he didn't expect that the telecast would be compelling to non-Catholic viewers he would like it to be interesting. That's our brief - let's make it interesting - and I think that's tough," he said. "It is fill. The Olympics - everything else I've covered, whether it be the opening of parliament or whether it be Logies … - there is a procedure." Cardinal Pell cited Martin's philanthropic work as a deciding factor in hiring him. Martin's coverage, to be broadcast locally on SBS and Sky, will include anchor work for the opening mass, the papal welcome and several other events from July 15. Over … Christina Rich leaves the Federal Court yesterday after getting a settlement, rumoured to be in the millions. CHRISTINA RICH walked into court with a large smile and it did not leave her face throughout the long-awaited settlement of her sexual harassment claim against the accounting firm PricewaterhouseCoopers. Rich, a former tax partner who worked at the accounting company for nine years, had been seeking $11 million from the company for damage to her reputation, loss of clients, lost earnings and counselling after a series of alleged sexual harassment incidents from 1999 to 2004. The parties reached a settlement after almost three years, following mediation last week. The terms of the settlement were secret and all parties were bound by confidentiality agreements. However, an industry insider who is highly experienced in sexual harassment cases said the payout would have been worth several million dollars - one of the largest in a discrimination case in Australian history. Ms Rich, who was at one time the company's highest paid female employee, had alleged it had a "boys' club" culture of sexual harassment and victimisation. She accused some partners of making unwanted sexual advances and saying she won work because of her breasts. Ms Rich also claimed that one partner, Stuart Edwards, had refused her permission to attend numerous conferences, had kissed her as a greeting despite her protestations, and that he said another partner's performance would be affected by her being pregnant. However, in a statement yesterday, Ms Rich accepted that Mr Edwards denied the allegations against him, including his denial that he placed notes under her door at a conference. She also accepted that Mr Edwards believed that the kisses on the cheek had been platonic. "Ms Rich's intention in pursuing her complaints was never to cause stress or concern to any individual, including Mr Stuart Edwards, and she regrets if any such individual has suffered such stress," the statement said. "Equally PWC regrets that this has been a stressful time for Ms Rich." Outside the Federal Court in Sydney yesterday a jubilant Ms Rich told reporters she was happy with the result. "I would like to thank my family, my friends, my many supporters and my legal team," she said. The case had been a "long process", she said, and she was glad it was over. Ms Rich was reportedly paid more than $900,000 a year for advising companies on their international tax arrangements. She had been a partner at PricewaterhouseCoopers for seven years. The industry expert, who did not wish to be named, said the fact that Ms Rich was such a high earner and had been out of work for several years after her employment at the accounting company would have given her the right to "a good monetary claim". "It is very difficult to determine what the exact settlement might be because it is an unprecedented case," he said. "[But] it would not be at all surprising if it was a sum in the multimillions. It would have to be close to being one of the largest settlements of a discrimination case in Australia." The expert said that unless Ms Rich's case had completely fallen apart she was going to do well out of the settlement. "If she got up, she was going to get up big time." with AAP The Labor Party often portrays itself as the champion of constitutional reform. Over the past century it has initiated debate on the republic, asked for extra Commonwealth powers in areas such as industrial relations and price fixing and sought to bring about better protection for human rights. Like Curtin, Chifley, Whitlam, Hawke and Keating before him, Kevin Rudd has come to office with ambitious plans to reform the constitution. His election commitments include referendums on fixed four-year terms for the federal Parliament, an Australian republic, recognising local government and restoring co-operation in federal-state relations. Further ballots may be held on taking over state hospitals and recognising indigenous peoples in a new preamble to the constitution. Despite its history and future plans, Labor's record of actually bringing about change to the constitution is almost non-existent. It is 62 years since a referendum put to the people by a Labor government was passed. That last success was in 1946, when the Chifley government gained support for amending the constitution to allow the Commonwealth to pay maternity, unemployment and other benefits. Even that victory did not follow on from any successes. It remains the first and only time since Federation in 1901 that Labor succeeded at a referendum. The constitution sets out the only way it can be changed. Section 128 states that an amendment must first be passed by the federal Parliament. It then needs to be supported at a referendum by an overall majority of the people and by a majority of people in a majority of states. This process has been invoked 44 times, with only eight of the proposals succeeding at the ballot box. Five other proposals gained a national majority of electors but failed because they did not gain the second majority of at least four out of six states. None of the eight changes was a major revision. The result is that the constitution remains in almost exactly the same form as when it was enacted in 1901. By contrast, more than 56 per cent of the member states of the United Nations made major changes to their constitutions between 1989 and 1999 alone. Remarkably, of the states making such changes, more than 70 per cent adopted a completely new constitution. It is not surprising then that Australia was described as far back as 1967 by the constitutional lawyer Geoffrey Sawer as "constitutionally speaking … the frozen continent". Of the 44 attempts to change Australia's constitution, 25 were put by a Labor government. Several of these were variations on the same proposal put to the people more than once. For example, Labor unsuccessfully put the idea of simultaneous elections for both houses of the federal Parliament to referendum in 1974, 1977 and 1984. It sought extra power to regulate industrial relations in 1911, 1913 and 1946, with conservative governments also seeking, with no greater success, more power in the area in 1919 and 1926. The Australian people have never voted "yes" to a proposal after rejecting it on a previous occasion. This is a problem that must be overcome if Australia is ever to become a republic. Since its single success in 1946, Labor has made 13 attempts at constitutional reform. Its most recent attempt was in 1988, when the Hawke government put four proposals to the people. These sought to introduce four-year maximum terms for federal Parliament, guarantee "one vote, one value" and the right to vote, provide for constitutional recognition of local government and extend existing human rights such as freedom of religion to the states. The outcome was dismal. Each proposal was defeated nationally and in every state. The highest national "yes" vote was 37 per cent for the "one vote, one value" proposal, while the fourth proposal on rights received a 30 per cent "yes" vote, the lowest "yes" vote ever recorded. The 1988 referendums failed after being rushed to the ballot box to coincide with the bicentenary of European settlement. The lacklustre "yes" case also faced determined and effective opposition from the Coalition, and Peter Reith in particular, on the question of religious freedom. This made defeat inevitable, demonstrating once again how bipartisan support is essential for constitutional change. Spoiling campaigns have proved especially effective because most Australians know very little about their constitution and system of government. A 1987 survey for the Constitutional Commission found that almost half the population did not even realise Australia has a written constitution. A 1994 report on citizenship by the Civics Expert Group found that only one in five had some understanding of what the constitution contained. Many Australians falsely believe the nation has a bill or charter of rights. A 2006 poll of 1001 voters by Roy Morgan Research for Amnesty International Australia showed 61 per cent believed Australia had such a law. One reason for this is that the constitution does not match how government works in Australia. It does not mention many of the most basic features, such as the office of prime minister or the cabinet. The text instead suggests that ultimate political power is held by the king or queen's representative, the governor-general, who is named as commander-in-chief of the armed forces and given an unfettered power to appoint and dismiss ministers. The problem is that Australia's constitution makes sense only when it is read against the assumptions and conventions Australia inherited from the Westminster system of government in Britain. A lack of community understanding and fierce partisan battles over arcane questions of constitutional law often produce an "if it ain't broke, don't fix it" response to referendum proposals. Labor has repeatedly proved unable to overcome this barrier. At the 1999 republic referendum, the "no" case combined this argument for the status quo with two other slogans, "Vote No to the Politicians' Republic" and "Don't Know - Vote No", with devastating effect. Australia's non-Labor parties have had greater success at referendums, with seven "yes" votes out of 19 attempts. The last successful vote was put by the Fraser government in 1977, when the constitution was amended to provide for Senate vacancies to be filled by a person of the same party, allow people in the territories to vote in referendums and set a retirement age of 70 years for High Court judges. The 31 years since 1977 is the longest period Australia has gone without any change to the constitution (the next longest period was 21 years between 1946 and 1967). The next attempt to break the drought may be a referendum on fixed four-year terms. The Rudd Government has earmarked $27 million for this over 2010-11. All of the states and territories have four-year electoral terms except Queensland and the Australian Capital Territory, which, like the federal government, go to the polls about every three years. While the Opposition Leader, Brendan Nelson, says he is "disposed towards" four-year terms, the Coalition has yet to make any commitment, and is likely to disagree with any notion that the term should be fixed. There is also the possibility that minor parties will campaign against the idea because of how it will affect the Senate. Senators serve two electoral cycles, or six years, with half the Senate being elected at each poll. They will either need to have their terms increased to eight years to maintain this approach, or reduced to four years, with all senators elected at each national election. The former would be a hard sell given that it would mean politicians serving close to a decade without re-election, while the latter would be opposed by people who do not want the entire Senate chosen at each federal poll. Another early option for the Rudd Government would be to hold a referendum on federalism to fix a problem identified by the High Court in 1999. It is a technical flaw in the constitution that prevents co-operation between federal and state governments, such as cases being heard interchangeably by federal and state courts and areas of law having a single national regulator. It stands in the way of consistent, harmonised laws and policies across Australia in areas such as family law, business regulation and new fields such as genetic technology. Fixing this would not give governments more power, but would allow them to work together more effectively using existing powers. The proposal has had bipartisan support at all levels of government, as well as the backing of business and other lobby groups, for some years. While the Howard government supported the idea, it never got around to doing anything about it, and in the meantime co-operation faltered and costly "work arounds" evolved. While this change may be more "dry" than fixed four-year terms, it may have a greater chance of building the support needed for success at the ballot box. The challenge for Rudd is to overcome the legal and political hurdles that have frustrated all but one of the reforms of his Labor predecessors. In particular, unless he can achieve bipartisan support for his goals, history demonstrates that his chances of success are extremely low. It would take something truly extraordinary for the Rudd Government to win a referendum on constitutional change in the face of determined political opposition. George Williams is the Anthony Mason Professor of Law at the University of NSW. A LOOPHOLE in election laws that has allowed would-be politicians such as Pauline Hanson to make large taxpayer-funded profits from standing for Parliament will be closed. The Special Minister for State, John Faulkner, announced legislation yesterday to tighten electoral laws by forcing political parties to declare donations more often and to disclose a wider range of donations. The legislation will also prevent candidates for Parliament from claiming public election funding over and above the amount they actually spend on their campaigns. Senator Faulkner said this long-standing loophole had been undermining the integrity of the electoral system. "This is something that we have known about now for two [federal] elections," he said. "It is a serious loophole where a candidate for public office can be paid public funds [which are] intended to be reimbursement for campaign expenditure when actually that campaign expenditure has not occurred." Under the existing system, political parties or candidates are entitled to public election funding if they receive at least 4 per cent of first preference votes. The amount of funding is calculated according to how many votes they receive. But candidates do not have to demonstrate they actually spent that much in campaigning for office. While the major political parties spend much more than the amounts they receive in public funding, prominent independent candidates or minor parties can end up being paid more than they spent. Ms Hanson unsuccessfully stood for the Senate at the last two federal elections and received $213,095 in public funding for the 2007 poll and $199,887 in 2004. While she has refused to say whether this outstripped what she spent, it is widely believed in political circles that it would have left her with hefty surpluses. The late Peter Andren, who was an independent MP for Calare and a campaigner for electoral law reform, made a point of donating the surplus amounts of public funding he received to charity. Senator Faulkner said under the new legislation, which would be introduced in the next sitting of Parliament in May, candidates spending less than their public funding entitlement would only be reimbursed for the amount actually spent. They would have to retain evidence to verify their spending and would be subject to audits by the Australian Electoral Commission. - Pauline Hanson, above, received $213,095 for her unsuccessful run for a Senate seat in 2007. - She picked up $199,887 for her unsuccessful campaign in 2004. Hugh Jackman … on the list. THE 1000 "best and brightest brains" have been selected for the Prime Minister's summit on Australia's future, a list that is supposed to represent everyone from "electricians through to university professors". Kevin Rudd will chair the event, to be held in Canberra later next month, with the vice-chancellor of Melbourne University, Glyn Davis. Professor Davis said yesterday the two-day event was "not a consensus summit; it's not about agreeing at the end. On the contrary it's about having a really good set of discussions, debates [and] disagreements." Nearly 8000 people applied for the 1000 spots and Professor Davis said he had a "tinge of sadness" at having to say no to most people. Although many of the chosen candidates are well known, Professor Davis said there were also many people "who you might want to characterise as ordinary Australians". He was quick to point out that 51 per cent of attendees were women, in line with the breakdown in population, after the Federal Government was criticised for initially appointing only one woman to the 10-person steering committee. The 1000 people chosen have been divided into 10 groups representing different policy areas including the economy, sustainability and climate change, rural communities, health, indigenous Australia, security and the arts. Among the well-known people chosen are: the businessman James Packer; the head of the ACTU, Sharan Burrow; Sydney's Lord Mayor, Clover Moore; the actor Hugh Jackman; the Opposition frontbencher George Brandis; the burns specialist Fiona Wood, and the former governor-general Sir William Deane. Jon Altman, the director of the Centre for Aboriginal Economic Policy Research at the Australian National University, who will participate in the indigenous group, said he wanted to make sure indigenous issues were not discussed in isolation. Frank Quinlan, the executive director of Catholic Social Services, said he hoped the summit would "set goals for a fairer Australia that treats people with respect and dignity". Yesterday the acting Prime Minister, Julia Gillard, confirmed a separate event would be held with 50 Jewish leaders five days before the summit, which clashes with Passover.
Photo: Fiona MorrisFiremen read riot act over heavy-handed police
Andrew West
Photo: Glen Mccurtayne
The discovery of HMAS Sydney has spurred calls to search for another Australian ship destroyed by enemy fire. Tony Stephens, whose father, Britt, was among the hundreds killed on the hospital ship Centaur, reports.
Richer, happier: partner wins harassment payout
Photo: Peter Morris
Illustration: Harry AfentoglouHIGH PRICE OF FAILURE
Rudd's brainy bunch named