Driver of car involved in 2019 fatal crash faces Goulburn court | Goulburn Post


news, local-news, court, crime, Binda, crash, Naughton, Goulburn, Beattie

The driver of a car involved in a fatal crash in the Southern Tablelands is one step closer to trial after a court appearance yesterday. READ ALSO: Natasha Elizabeth Naughton, 29, of Ainsley Ave, Braddon appeared before Goulburn Local Court on May 12. She faced charges of dangerous driving occasioning death – drive manner dangerous, dangerous driving occasioning grievous bodily harm, cause bodily harm by misconduct in charge of a motor vehicle, negligent driving occasioning death, negligent driving occasioning grievous bodily harm and cut in front of vehicle after overtaking. The charges relate to a two-vehicle crash on Binda Road, Binda on December 7, 2019. The collision involved a Toyota Landcruiser towing a trailer when a collision occurred with a Hyundai Accent. A passenger in the Toyota, a 62-year-old woman died when the 4WD rolled, the driver, a 63-year-old man, allegedly suffered multiple injuries. Magistrate Geraldine Beattie denied the defence’s application for seven witnesses to be called in for examination before the case went to trial. Defence lawyer Mr Lewis argued he wanted to establish if “it was reasonably possible [the victim] allowed the vehicle or trailer to move out of the lane while [Naughton] was overtaking”. He said his client had said she was forced to moved over onto the dirt shoulder of the road while overtaking, which caused the vehicle to roll and impact the 4WD. Department of Public Prosecutions prosecutor Ms Harris presented to the court the victim had told police his vehicle had stayed in his lane the entire time. “This is not a situation where the Crown case is unclear at all,” she said. “What [Mr Lewis] is asking for is a trial dress rehearsal. “The issues raised needs to be put before a jury.” Naughton will reappear at Goulburn Local Court on June 16. Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content:

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Florida AG slams Biden for holding first Supreme Court commission meeting virtually


Florida Attorney General Ashley Moody ripped the Biden administration on Thursday after officials announced that the first meeting of the president’s Supreme Court commission would take place in a virtual format.

Moody targeted Biden in response to a notice from General Services Administration, which described the commission’s meeting as a “public virtual meeting” to be held May 19. The Florida attorney general called on the president to allow public access to the commission’s proceedings.

“.@JoeBiden, America is not fooled,” Moody wrote on Twitter. “You cannot legitimize a gross partisan attack on our nation’s highest court by assembling a group on ZOOM! Our country deserves more than a basement broadcast.”

Dubbed the Presidential Commission on the Supreme Court of the United States, the group consists of 36 bipartisan law experts. The commission will examine “the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”

FLORIDA ATTORNEY GENERAL DEMANDS BIDEN MAKE SUPREME COURT COMMISSION MEETINGS PUBLIC

Moody and other Republicans criticized Biden’s decision to form the commission. Critics pointed to the move as a sign that Biden supports a push among Democratic lawmakers to add additional justices to the Supreme Court.

In April, Moody called the commission “alarming.” She warned of potential legal action if the meetings were not made public.

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“We must be allowed to observe and challenge any and all undemocratic, un-American policy recommendations that threaten our democracy,” Moody said in a video message at the time. “If the president ignores this request and chooses to keep any of these proceedings secret, I’ll utilize the full power entrusted to me by the voters of Florida to preserve the integrity of America’s judicial system.”

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South Dakota Court Says Government Doesn’t Need To Pay For Home Cops Destroyed To Find A Fugitive Who Wasn’t There


from the I-guess-this-is-on-you,-innocent-homeowner dept

Destroying houses appears to be a cop hobby. Somehow searching for suspects involves punching larger-than-man-size holes in walls, shattering every pane of glass that separates cops from perps, and forcibly removing every door that would otherwise open as designed if officers attempted to use the handles.

Maybe some of this is justified if an armed and dangerous suspect is barricaded inside. But law enforcement agencies have made citizens suspected of nothing homeless while attempting to extricate shoplifting suspects, homeless people, and a man armed with nothing more than an ice cream bar. One woman’s house was rendered unlivable after it was the centerpiece in a 10-hour standoff between local cops and the only resident located in the house: the family dog. And a house that contained no one was destroyed after its empty interior thwarted cops’ efforts to apprehend a nonexistent suspect for more than 19 hours.

Trying to get anyone other than innocent homeowners to pay for this damage is almost impossible. Almost every court has considered this the cost of doing government business — something taxpayers are always asked to cover. If officers have a law enforcement reason to raze houses, the cost must be borne by those unhoused.

Another case involving the destruction of a house to capture a suspect who wasn’t even on the premises has made its way into the court system. And it has (mostly) dead-ended there, thanks to a recent decision by the South Dakota Supreme Court.

In this case, the Hamlin County Sheriff’s Department was searching for Gary Hamen, who had an outstanding arrest warrant for felony burglary and violation of a protective order. Gary — who had threatened to shoot himself and anyone else he came in contact with — called his father, Gareth, asking for a vehicle to drive to “Canada or Mexico.” At that point, he was in a nearby trailer home owned by Gareth, located about 600 feet away from Gareth’s trailer.

Officers listened in on this phone call and deputies saw Gary exit the trailer and then walk back inside. The Sheriff’s Department requested the assistance of the Watertown PD and secured a drone to fly over the trailer in an attempt to spot Gary or see any exit routes he might take.

A SWAT team assembled and set up a perimeter around the trailer. But this effort appears to have been mostly pointless. From the decision [PDF]:

While the SWAT team attempted to contact Gary, officers received a report that a local resident had observed Gary running towards Castlewood. The resident reported that Gary came out of a tree line near a river and sewage pond, but he had run back into the trees. Sergeant Ellis and the SWAT team tried to locate Gary in this area and encountered another witness who also believed he had seen Gary. An officer inside the armored vehicle called Gary’s cellphone. Gary answered the phone call and claimed he was almost to Minnesota. He sounded out of breath, like he was running.

Law enforcement also spoke to Gary’s brother-in-law, who confirmed he had seen Gary the previous night. During this conversation, officers received more information suggesting Gary was no longer in the trailer currently surrounded by a SWAT team.

Not too far away, even more radio traffic suggested entering the trailer wasn’t going to result in the discovery of the fugitive.

Meanwhile, Troy Jurrens, who ran a business from his home nearby, was listening to the transmissions among law enforcement on a police scanner as they attempted to locate Gary. He stated: “someone announced on the radio that they were ‘going back to the trailer,’” to which another voice responded, “he’s not in the trailer.” Troy claimed, “The first voice answered back saying they were going back anyway.”

Deputies told Gareth they were going to try to enter the trailer. They did not mention they were planning to destroy the trailer to do this. They also did not ask for consent to enter the trailer, which was the property of Gareth Hamen. Cop-on-house violence ensued.

Not long after, the Sheriff authorized SWAT and the SRT to breach doors and windows on the Hamens’ mobile home. According to Wishard’s affidavit, the “tactical procedure [to secure the mobile home] is to create communication portholes in attempts to call out any subject or subjects that may be hiding inside.” If unsuccessful, gas munitions are used to flush out anyone inside. To create the communication portholes for the Hamens’ trailer, an armored vehicle pulled away the front stairs and deck, which were not attached to the mobile home or secured in the ground, and pushed in the front door with a ram. The second armored vehicle opened three portholes on the opposite side of the mobile home by breaking through windows and a sliding patio door, causing significant damage to the walls and the septic system.

And then:

Shortly after this procedure and before officers entered the mobile home, Gary was seen walking in the river near the Hamens’ residence. Law enforcement apprehended him at approximately 6:00 p.m.

Gareth Hamen sued, seeking compensation for his destroyed property. But there’s nothing in the law that says the government needs to pay for property it destroys — at least not in this fashion. While state law does allow property owners to seek compensation under the state constitution (in order to “ensure that individuals are not unfairly burdened by disproportionately bearing the costs of projects intended to benefit the public generally”), that clause doesn’t apply to cops destroying a house to find someone who wasn’t even in it. And it’s that way because this court has always said that’s the way it is.

[O]ur prior decisions have consistently applied the public use language in article VI, § 13 to both the takings and damages clauses, while rejecting a right to compensation under article VI, § 13 when the action involved the state’s police power.

That eliminates one of the allegations. But there’s still qualified immunity to consider. Unfortunately, the state Supreme Court says only one of those two allegations will survive.

There were two egregious Constitutional violations: the warrantless entry and the excessive destruction of personal property. Guess which one gets to go forward.

We conclude that, at a minimum, the Sheriff’s warrantless entry into the mobile home required an objectively reasonable belief that Gary was living in and present in the home at the time of entry.

[…]

Given that law enforcement’s last contact with Gary suggested he was no longer in the home, coupled with the fact that law enforcement had surrounded the mobile home for several hours without incident or any materialized threat from Gary, we cannot determine as a matter of law that exigent circumstances existed at the time the Sheriff decided to enter the mobile home.

Since there’s plenty of information on the record that suggests at least some officers involved had reason to believe Gary wasn’t in the home, there could not possibly be exigent circumstances to enter the home without a warrant to locate someone arrested a couple of hours later outside of the home. This goes back to the lower court for more development of the record.

Unfortunately, the court somehow doesn’t consider the damage caused during the search to be worthy of further examination. The officers are granted qualified immunity for the excessive force, even though the court says the entry itself may have been unconstitutional. Walking through a front door without a warrant is no good. Forcibly removing the door (along with windows, walls, part of the septic system, etc.) is just fine because no “reasonable officer” would have been aware that destroying a house to facilitate an illegal search was unconstitutional.

Regardless of whether the Sheriff used excessive force, the Hamens cannot prevail because they cannot show that the Sheriff’s use of force, even if it was excessive, violated a “clearly established” right.

The dissent says this makes no sense. If the entry was unlawful, everything that connected to that entry is similarly unlawful.

Regarding the § 1983 excessive force claim, as a starting premise, if the court determines on remand that the Sheriff’s entry into the mobile home was unlawful, then the nature and extent of force used is immaterial. In such case, the Sheriff is liable to the Hamens’ for the damage caused by the entry.

Furthermore, even if the entry is ultimately proven lawful, the damage caused was excessive, given the facts of the case.

Viewing the underlying facts in a light most favorable to the Hamens, it is questionable whether the use of “communication portals” of the sort made here were required given the small size of the trailer, particularly when considering that, up to the point of their decision to enter the trailer, law enforcement had been using a loudspeaker to attempt to communicate with Gary. Viewed in this light, the resulting damage to the trailer was intolerable in its intensity and unnecessary to execute the burglary warrant at issue.

That’s how it stands in South Dakota: law enforcement can destroy a house to engage in an illegal search without having to worry about paying for the damage. A single claim survives this trip through the court system, which likely isn’t going to produce a decision or settlement large enough to replace the home. And even if it does, it will come years after the damage was done.

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Filed Under: gary mhamen, hamlin county, houses, police, south dakota, swat team, wrong suspect

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West Coast Eagles AFL star Willie Rioli pleads guilty to drug possession in Darwin court


West Coast Eagles star Willie Rioli has been given a 12-month good behaviour bond after pleading guilty to possessing cannabis in the Darwin Local Court on Wednesday.

Rioli, 25, was charged with one count of possession of a schedule two drug, after a sniffer dog at the Fly Tiwi terminal at Darwin Airport detected 25 grams of cannabis in his pants in April.

Rioli has been based in the Northern Territory since he was suspended from the AFL for tampering with a urine sample in 2019.

A visibly emotional Rioli was supported in court by family members, but the West Coast Eagles said they did not send a support person from Perth to be with him.

The club is yet to determine when, or if, Rioli will return to the game when his suspension is lifted in August.

Willie Rioli walking past reporters and into the Darwin Local Court.
Willie Rioli appeared at the Darwin Local Court on Wednesday.(

ABC News: Michael Franchi

)

Defence lawyer Mark Thomas said Rioli wanted to issue a “heartfelt apology to the West Coast Eagles for this offence”. 

“He knows he has let them down,” Mr Thomas said. 

“Shame, loss, humiliation, grief … that’s how Mr Rioli feels in consequence of this matter, to which he’s pleaded guilty.”

Mr Thomas told the court there was “no suggestion” the forward had an addiction to cannabis.

Arguing for Rioli to avoid a conviction, Mr Thomas told the court the “arsenal of media” sitting in the courtroom had led to “national humiliation” for the player.

Judge Michael Carey did not record a conviction for Rioli.

“If ever there was a lesson in this … it’s surrounding you there, because you know what will happen if it happens again,” said Judge Carey.

“You are a role model in the community, that’s unfortunate because this is not a good example you’ve passed on.”

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Business leaders in Michigan, Ohio, Wisconsin urge court to keep Line 5 operating


WASHINGTON, D.C. —
Political “brinksmanship” in Michigan risks allowing Enbridge Inc. to abandon plans for a $500-million tunnel that would protect an ecologically sensitive Great Lakes waterway from the controversial Line 5 pipeline, business leaders warned Wednesday.

The Canadian and U.S. chambers of commerce joined forces with their counterparts in Ohio, Michigan and Wisconsin by filing a joint brief in court to argue against Gov. Gretchen Whitmer’s bid to shut down the cross-border pipeline.

Wednesday marked Whitmer’s original deadline for Enbridge to shut down Line 5, which she maintains poses an unacceptable environmental risk along the bottom of the Straits of Mackinac, which connect Lake Huron with Lake Michigan.

“The tunnel solution essentially eliminates the risk of an oil spill at the Straits of Mackinac,” the chambers argue in their filing, known in legal parlance as an amicus brief.

The existing tunnel agreement with Michigan gives Enbridge the right to cancel the project entirely if the pipeline is forced to cease operations, even temporarily, they argue.

“Under the termination clause of two agreements … if defendants comply with the state of Michigan order and involuntarily shut down the pipeline, then defendants can choose to terminate their obligations to construct such a tunnel.”

The brief anticipates a scenario in which Enbridge is forced to temporarily shut down the line, cancels the tunnel project and then later receives a ruling that allows the line to start back up.

“The chambers urge the parties not to create avoidable short-term crises or put at risk the long-term solution (the tunnel) that they agree is superior to the status quo.”

The so-called “chambers brief” followed a similar filing Tuesday by the federal Liberal government, a rare international foray into U.S. legal proceedings, that urged the court to keep the pipeline running and the two sides to reach a settlement.

Wednesday’s deadline was expected to pass without incident; talks with a court-appointed mediator are scheduled to continue past May 18 and Enbridge has said it has no plans to accede to Michigan’s order.

That didn’t discourage those opposed to Whitmer’s efforts to speak their minds.

“This brinksmanship is political theatre,” said Christopher Guith, senior vice-president, policy, at the U.S. Chamber of Commerce’s Global Energy Institute.

“Unfortunately, millions of Americans and Canadians are likely to pay the price for it.”

Richard Studley, the head of the Michigan Chamber of Commerce, didn’t mince words, either.

“Every Michigan governor I have worked with, until today, has treated our Canadian friends and neighbours with courtesy and respect,” Studley told a news conference.

Enbridge, he said, has gone to great lengths to assuage the state’s concerns, including with the tunnel, promises of around-the-clock monitoring, an emergency buoy system and keeping response teams on standby — “only to be demonized for political purposes.”

“It’s really very troubling to the entire business community, to see a governor and attorney general abuse their power like this,” Studley said. “The question it raises in the general business community is, ‘Who’s next?”‘

In their brief, the chambers spell out in detail a cascade of likely “severe, nationwide and international” consequences if the line is shut down — everything from fuel price spikes and supply shortages to an increase in traffic fatalities and greenhouse gas emissions as a result of more tanker trucks on the roads.

Oil transported by rail is nearly five times as likely to spill than oil carried by pipeline, and the risk of a spill involving a tanker truck is 10 times as high, said Aaron Henry, the Canadian chamber’s senior director of natural resources and sustainable growth.

There’s also a risk of interstate energy emergencies, the brief notes — a phenomenon already on display in several East Coast states as a result of the ongoing shutdown of the Colonial pipeline, a key energy artery that was targeted by a foreign cyberattack.

“I think the most important lesson to be learned from the shutdown of the Colonial pipeline is that actions have consequences,” Studley said.

“Regardless of the motivation, shutting down a second regional, multi-state and international pipeline is virtually certain to have the same economic impact, which is negative: higher prices, lost jobs and a disruption of the daily lives of both individuals and employees and employers.”

This report by The Canadian Press was first published May 12, 2021.



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Australian Katie Perry battling singer in court



Katy Perry‘s name is usually emblazoned at stadiums all over the world but today it was being said by lawyers in federal court.

The pop star and a lesser-known Sydney fashion designer of the same name are going to war.

From a small space in the Sydney suburb of Paddington, Australian designer Katie Perry is running a business, a label and a lawsuit, pitting her showroom against America’s showstopper.

Katie Perry vs Katy Perry

“What’s the point of having an Australian trademark if overseas companies can come in and just breach it?” she claimed.

The trademark is for Katie Perry loungewear, born as a market stall 14 years ago, before the other Katy Perry started making hits.

And crucially, started making clothes.

A decade ago lawyers from the superstar sent a cease and desist to the designer.

READ MORE: Aldi looking to trial smaller format ‘corner store’ shops

That was dropped but today the battle of Katie versus Katy was back in the federal court.

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Jarryd Hayne supporter fined for spitting outside Newcastle court



A supporter of convicted rapist Jarryd Hayne has been fined for offensive conduct after allegedly spitting on the footpath outside a Newcastle court after the footballer was sentenced for sexual assault.
There were chaotic scenes outside court last week after the former NRL star was sentenced to a minimum three years and eight months’ imprisonment for sexually assaulting a woman at her home on Grand Final night in 2018.
After the 33-year-old was taken away in handcuffs, his supporters gathered, with one accused of spitting as Hayne’s victim left with police.
OPINION: The repulsive behaviour of Jarryd Hayne’s supporters distracts from the courage of his victim
Jarryd Hayne was shielded by umbrellas when he arrived at Newcastle District Court today.
A supporter of Jarryd Hayne has been issued with an infringement notice for offensive conduct after spitting outside the Newcastle District Court. (Sam Mooy/Getty Images)
READ MORE: Jarryd Hayne jailed for 2018 sexual assault
“A man is alleged to have spat on the footpath outside a courthouse on Hunter Street, Newcastle, on Friday 7 May 2021,” police said, in a statement.
Court sheriffs attempted to de-escalate the situation, but the same group later became involved in a scuffle with media as Hayne’s pregnant wife was ushered to a car.
On Tuesday evening, police said the man had attended Waratah police station on Tuesday and been fined for offensive conduct.
Hayne last week lodged an appeal against both the two guilty convictions and his sentence.

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West Coast Eagles star Willie Rioli to face court for alleged drug possession


West Coast have not ruled out sacking premiership forward Willie Rioli after he was charged with allegedly possessing a small amount of cannabis in the Northern Territory.

Rioli will face a Darwin court on Wednesday and has hired his own lawyers, with the club saying it felt let down and “disappointed” by the fact Rioli delayed telling the Eagles of the charges.

Willie Rioli will face court on Wednesday.Credit:Getty Images

He has been charged with “possessing a schedule 2 dangerous drug in a quantity less than trafficable (under 50 grams) in a public place”.

West Coast only found out about the charges in the last 24 hours, with the alleged incident occurring on April 23.

The maximum penalty, if found guilty of that offence, is a fine. Rioli’s court appearance on Wednesday will be a “mention hearing”. If he were to plead guilty the matter could be settled at the time of appearance.

Rioli was stopped and searched at Darwin airport on April 23. He was set to fly to the Tiwi Islands.

The 25-year-old was set to resume training with the Eagles from June 20, and be available for AFL selection again from August 20, after serving a backdated two-year ban for tampering a urine sample for a drug test in 2019.

“There’s a risk of that [his career being over], it’s a balancing act between the feeling of extreme disappointment and anger, versus a sadness,” West Coast football manager Craig Vozzo told reporters on Tuesday, adding that he did not know how Rioli would plead in the matter.

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Allan Chamberlain felt ‘guilty’ over NCA bombing for holding weapons that belonged to accused, court told


A former gunsmith has told the Supreme Court that he felt “guilty by association” of the 1994 National Crime Authority bombing because he was in possession of guns and detonators belonging to the alleged murderer.

Domenic Perre allegedly killed Detective Sergeant Geoffrey Bowen and severely injured lawyer Peter Wallis by sending a parcel bomb to the Adelaide headquarters of the National Crime Authority (NCA) in March 1994.

The 64-year-old has pleaded not guilty to murder and attempted murder and is facing a six-month Supreme Court trial.

Prosecutors allege Mr Perre handed up to 20 firearms to then-gunsmith Allan “Gadget” Chamberlain in late 1993.

It is also alleged that Mr Chamberlain also had bomb-making books and two detonators — which he put in a wardrobe at his family farm —  in his possession in the days before the blast.

Chamberlain ‘in panic’ days after blast

Mr Chamberlain told the court that he first heard about the bomb on the radio while working at Central Firearms in Prospect.

“I was deeply concerned and troubled, I would say my mind was racing,” he told prosecutor Sandi McDonald SC.

He said he went to a friend’s house for dinner a few days later and he was in “near panic”.

Self-taught former gunsmith Allan Chamberlain has given evidence to the Supreme Court.(

ABC News: Meagan Dillon

)

“It was continuously on the news and Leon was absorbed in watching that and I wanted to get away from it and clear my head,” he said.

Mr Chamberlain told the court that he went outside to have a cigarette and spoke to another friend, disclosing that Mr Perre had given him items before the bombing.

He said he told his friend he was concerned about the impact it would have on him.

He said he arranged a meeting with Mr Perre to discuss whether the firearms and other items should be moved elsewhere.

The court was then played a voice message that Mr Perre left on Mr Chamberlain’s answering machine on March 8, 1994 — six days after the bombing.

The recording stated: “It’s me, I want to know how you are? Get back to me as soon as possible OK.”

Mr Chamberlain said he called Mr Perre back but could not remember what was discussed.

Court hearing falls on 27th anniversary of bombing

Today marked the 27th anniversary of the blast.

Outside court, Peter Wallis’ daughter Genevieve Wallis said the anniversary of the 1994 bombing was a “day of significance”.

A group of men and women stand outside a court building. A woman with blonde hair looks tearful as she speaks to reporters.
Genevieve Wallis’s father was severely injured in the blast and died of natural causes in November 2018.(

ABC News: Meagan Dillon

)

The trial will continue tomorrow and defence lawyers will start to cross-examine Mr Chamberlain.

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Man charged over ramming refuses to front court


A Winchelsea man charged over allegedly ramming two police cars at a North Geelong service station on Sunday night has refused to appear in court.

“Police pulled their vehicles to the front and rear of the Holden sedan and asked the driver to stop so they could speak with him,” a Victoria Police spokesperson said.

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