Court reacts hard to concrete dumper


A POLLUTER has been fined $50,000 in the Melbourne Magistrates’ Court for illegally dumping tonnes of concrete along roadsides, many on the Mornington Peninsula.

Kashyap Shingari, who pleaded guilty, was also placed on a two year corrections order to perform 300 hours of community service, Tuesday 23 February. He was also ordered to pay costs Mornington Peninsula Shire’s $9295 cost and Casey Council’s $1610 to remove the concrete, as well as Environment Protection Authority Victoria’s legal costs.

Magistrate Richard Pithouse described the offending as “extraordinary” and commented, “If there was a power under the Act … I would jail you for an extended period of time. The message has to get out to the community that you do not dump rubbish.”

The mayor Cr Despi O’Connor said the successful prosecution which involved government agencies and the public “is an indication of the broader community’s zero tolerance for the dumping of rubbish”.

“Let this be a warning to any would-be dumpers – you will get caught and prosecuted.”

Environment Protection Authority Victoria, which brought the action against Shingari, was able to secure a warrant for his arrest through Victoria police. A condition of his bail was that he not attend any “points of international departure” and that his passport be surrendered.

EPA boss Lee Miezis said the case underlined the importance of community involvement in detecting and prosecuting illegal dumping. “We have zero tolerance for this kind of behaviour and we are glad to be able to see this through to a successful prosecution. It is a great example of law enforcement agencies, local councils and the media working together to get a great outcome.”

First published in the Mornington News – 2 March 2021

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Supreme Court to rule on Mardi Gras march


NSW Police will take the organisers of a Mardi Gras protest march to the Supreme Court in a bid to stop this weekend’s gathering.

The march is due to take place on Saturday afternoon ahead of the official Gay and Lesbian Mardi Gras, which has been moved to the Sydney Cricket Ground due to COVID-19.

A NSW Police spokeswoman confirmed the protest had been deemed unauthorised as it proposed to draw well over the number of people allowed to attend political gatherings under current COVID-19 rules.

“As such the commissioner has applied to NSW Supreme Court to prohibit the assembly,” she said.

The current limit on political gatherings is 500. More than 1000 people have already RSVPed to attend the march, with another 3000 interested.

Activist group Pride In Protest is among those organising the community march which plans to take the route of the original 1978 march down Oxford Street to Hyde Park.

They say the move is typical of the police force, which has made a tradition out of suppressing and oppressing the voices of the queer community since the first Mardi Gras in 1978.

Pride In Protest spokesman Toby Walmsley on Tuesday told AAP the march would go ahead anyway with COVID safety measures.

It’s estimated that about 10,000 people will attend the ticketed Mardi Gras parade at the SCG.

Mr Walmsely said the march down Oxford Street had been organised because the SCG event didn’t represent what Mardi Gras should be about.

“The SCG event is a paid event and we believe the essence of Mardi Gras is political and about fighting for our rights today,” he said on Tuesday.

“We don’t believe the SCG event is in the true spirit of Mardi Gras.”



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IN COURT: 10 people facing court today



EACH day several people appear in Coffs Harbour courts on a range of different charges.

Here is a list of everyone who is appearing in court today, March 4.

AARON BRENT GIBSON

CARL LEIGH

DEAN JOSHUA HERPS

EARLE PHILIP TEIRNEY

HARRISON GUY RICHARD SNOW

JACK COWLING

JACK DYLAN COWLING

KARINA JEAN ALFERINK

WILLIAM JAMES MEYRICK

ZACHARIAH JAMES MIDGLEY

Information sourced from the publicly accessible documents.

These individuals listed are presumed innocent until proven guilty.



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“Ball is in DMK’s court,” says Tamil Nadu Congress chief K S Alagiri on seat sharing


CUDDALORE (TN): Tamil Nadu Congress Committee president K S Alagiri on Wednesday said the ‘ball is the DMK’s court’ on seat-sharing for the April 6 assembly elections.

The second round of parleys between the two allies was on the verge of conclusion. Progress in such matters could be taken forward only step by step and not at one go, he told reporters, responding to a question on the talks with the DMK.

To a question on the number of seats his party has sought from the DMK, he said such things were being speculated and it was not important.

“The ball is in their (DMK’s) court,” he said adding, “hence, it is the DMK which has to decide (seat-sharing).”

The number of seats to be fought by the Congress has to be determined, he said.

Replying to a question, he denied the Congress had made a ‘climb-down’ on the number of seats it sought from the DMK.

Some issues needed to be resolved only through dialogue and there was no room for bargain among allies, he said.

The DMK, eyeing to capture power after being in opposition for ten years, has allotted three seats to the Indian Union Muslim League and two to Manithaneya Makkal Katchi.

In the 2016 assembly polls, Congress was allotted 41 seats and it had won seven of them.

On party leader Rahul Gandhi not speaking about the DMK alliance during his recent campaign in Tamil Nadu, he said the assembly election was all about propaganda against the governments at the state and Centre, led by allies the AIADMK and the BJP respectively.

During his tour, Gandhi made a mention about DMK chief M K Stalin’s leadership in Tamil Nadu and similarly, the Dravidian party president too remarked on the former Congress president, Alagiri said.

The practice during campaigns was not to focus on allies throughout, he said.



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International Criminal Court to probe possible war crimes in Occupied Palestinian Territories


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“My office will take the same principled, non-partisan, approach that it has adopted in all situations over which its jurisdiction is seized.”

Bensouda, who will be replaced by British prosecutor Karim Khan on June 16, said in December 2019 that “war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip”.

The UN recognises the Occupied Palestinian Territories as the West Bank, including East Jerusalem, and the Gaza Strip – disputed territory claimed by Israel.

She named both the Israeli Defence Forces and armed Palestinian groups such as Hamas as possible perpetrators.

The next step will be to determine whether Israeli or Palestinian authorities have investigations themselves and to assess those efforts.

‘Long-awaited step’

Israel’s government on Wednesday called the court “morally and legally bankrupt”.

“The decision to open an investigation against Israel is an exception to the mandate of the tribunal, and a waste of the international community’s resources by a biased institution that has lost all legitimacy,” Foreign Minister Gabi Ashkenazi said.

There was no immediate comment from Israeli Prime Minister Benjamin Netanyahu. When the court ruled on jurisdiction, he said: “When the ICC investigates Israel for fake war crimes, this is pure anti-semitism.”

The Palestinian Authority welcomed the prosecutor’s investigation.

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It is “a long-awaited step that serves Palestine’s tireless pursuit of justice and accountability, which are indispensable pillars of the peace the Palestinian people seek and deserve”, the Palestinian Authority’s foreign ministry said in a statement.

The Islamist militant group Hamas defended its own actions in the conflict.

“We welcome the ICC decision to investigate Israeli occupation war crimes against our people. It is a step forward on the path of achieving justice,” Hazem Qassem, a Hamas spokesman in Gaza, said.

Balkees Jarrah, associate international justice director at Human Rights Watch, said ICC member countries needed to stand by to fiercely protect the court’s work from political pressure.

The ICC is a court of last resort established to prosecute war crimes, crimes against humanity and genocide when a country is unable or unwilling to do so.

The prosecutor’s office was targeted by sanctions under former US President Donald Trump in response to its investigation in Afghanistan, which is examining the role of US forces.

Reuters

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Enter Candyman 2.0: girls, cars and court



A flashy Gold Coast businessman will face trial for dangerous driving.

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Trump slams ‘gutless’ Court; Kavanaugh breaks with conservatives; ‘Socially liberal’?


Analysis by WorldTribune Staff, March 1, 2021 Former President Donald Trump on Sunday blasted the Supreme Court for refusing to hear cases regarding the disputed 2020 presidential election. “We have a very sick and corrupt electoral process,” Trump said on Sunday at CPAC 2021. “This election was rigged and the Supreme Court … didn’t want […]

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Man found with ‘frightening array’ of weapons at Victoria Park faces court | The Courier


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A man allegedly found with a ‘frightening array of unlawful weapons’ on Sunday night, including a gun, six knives, a machete and a homemade taser, will remain in custody. Laurie Kirby, 37, was refused bail at the Ballarat Magistrates’ Court on Monday. Magistrate Ron Saines said the weapons found in Kirby’s car were frequently associated with ‘the highest level of violence and crime in our community’. Police informant Senior Constable Jason Hyde from the Public Order Response Team said he intercepted Kirby driving on Cedar Drive in Victoria Park on Sunday about 6.30pm. He said he saw a folding knife in the driver’s side door and found a wire garrote, a set of knuckle dusters and a steel knife in a sheath in his pockets. Senior Constable Hyde said he searched Kirby’s car and found a homemade taser, two folding knives, a machete, a hatchet and a steel rod. The court heard Senior Constable Hyde found a firearm with a magazine and three rounds inside in a black bag on the passenger seat, with more rounds for the gun loose in the bag. He said the firearm had been altered, with a shortened barrel and trigger guard removed. Senior Constable Hyde said he also found a homemade silencer that possibly had been used on a firearm, a scope, gloves, a balaclava and more knives in the bag. Kirby was arrested and transported to the Ballarat West Police Station where he admitted to owning the items in the car but said he had no idea where the black bag had come from. Senior Constable Hyde said he saw a photo on Kirby’s phone of the firearm found in the car positioned next to another firearm. The court heard police searched Kirby’s Golden Point house and found another firearm, nine cannabis plants and a homemade speargun. Kirby was charged with 10 offences, including possessing a firearm as a prohibited person and cultivating a narcotic plant. Senior Constable Hyde said there was a ‘severe risk to public safety’. “I don’t know if he was carrying the firearms to protect what he was growing,” he said. “There is also information in the police system he had been observed in Victoria Park putting a scope in what appeared to be a firearm.” Defence lawyer Chris Nicholson said Kirby had a long history of drug and alcohol abuse and had been self medicating with cannabis. Kirby’s father and step mother gave evidence to the court their son could live with them at their home south of Ballarat if granted bail. They said Kirby suffered health issues that also affected his emotions. Kirby’s father said any firearms at his property were stored in safes and his son would not be able to access. The father said he would be able to supervise his son as he was retired and spent most of his time at home and would call police if he broke bail conditions. “I am shocked to find out what he had in his car. I’m happy to have him. He’s my son. I love him,” the father said. Mr Nicholson said the court could impose strict conditions including a curfew and not to attend Victoria Park to reduce the level of risk. Mr Saines said he viewed the prosecution case as strong and it was likely a significant term of imprisonment would be imposed. He said he was not satisfied compelling reasons for bail were made out. Kirby will remain in custody and return to court in June. If you are seeing this message you are a loyal digital subscriber to The Courier, as we made this story available only to subscribers. Thank you very much for your support and allowing us to continue telling Ballarat’s story. We appreciate your support of journalism in our great city.

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Brisbane man who set fire to sleeping friend suffered from psychosis, court hears


Matt James Nolan, 30, poured petrol on Sigourney Coles before setting her alight, while she slept in her bed in Bracken Ridge in July, 2017.

The 28-year-old woman was taken to hospital with significant burns to her arms, chest and neck and was placed into an induced coma.

Ms Coles never provided a complaint to police and previously told the court she did not want Nolan to serve any jail time.

Nolan was originally charged with attempted murder but pleaded guilty to the lesser charge of grievous bodily harm in the Brisbane District Court.

During a sentencing hearing, the court heard Nolan had been diagnosed with chronic paranoid schizophrenia and was suffering from auditory hallucinations.

The court was told he had been using the drug “ice” to try to reduce his psychotic symptoms beause he did not believe his medication was working and he had been repeatedly denied emergency mental health treatment in the days leading up to the attack.

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Storm’s war with Broncos and ex-CEO lands in court


Fears that Brisbane is set to pinch NRL supercoach Craig Bellamy are central to the Melbourne Storm’s legal stoush with former CEO Dave Donaghy, court documents have revealed.

The bitter battle on Monday landed in the Victorian Supreme Court where the Storm have applied for an injunction preventing Mr Donaghy from taking up his role with their NRL rivals.

The feud over Mr Donaghy could be resolved within the next few weeks as the Storm seek to enforce a six-month non-compete clause which would prevent him from taking the reins at Red Hill until August 1.

The Broncos announced in February the former journalist would take over from outgoing boss Paul White, who left the club last week after ten years in charge.

According to an affidavit filed by Storm lawyer Leon Zwier on behalf of the club, Mr Donaghy had agreed to a clause in his contract which halted him from working for a competitor for six months after the termination of his employment.

Mr Donaghy has maintained he would not divulge confidential information obtained during his stint as CEO from July 2015 to January 31 this year.

“If a rival wants to beat Storm, it can do it on its merits,” Mr Donaghy said in his affidavit.

“It is not going to get my assistance by passing on information that is rightly Storm’s.”

But the Storm says Mr Donaghy had access to player and coach contracts, salary cap structures and details of sponsor and government agreements, which could be used by the Broncos to steal players, staff and clients and give them an unfair competitive advantage.

“Donaghy knows the details of Craig Bellamy’s employment with Melbourne Storm,” Mr Zwier said.

“Mr Bellamy is a leading coach in the NRL. His contract expires next year and will be up for renegotiation.

“The Broncos are trying to recruit Mr Bellamy as a coach or consultant. Donaghy has a pre-existing relationship with Bellamy and is aware of the terms that Melbourne Storm is prepared to offer Mr Bellamy.”

The Broncos have on three previous occasions failed to convince Bellamy to return to Brisbane, where he began his career as an assistant coach, and were reportedly ready to offer him a position in their football department above new coach Kevin Walters.

Mr Donaghy also had valuable salary cap information about two Storm players whose contracts are currently being renegotiated and which marquee players from rival clubs they were targeting for 2022, Mr Zwier said.

The Storm also argue he had access to the club’s HR drive, including a top secret folder that set out confidential salary cap and list management information.

Included on the drive was the club’s salary cap calculations and road map for the next four years, as well as modelling “on salary cap strategies until 2024 (which frames player targets)”.

As well as earning a $457,000 wage for the 2020 season, the Storm also in 2017 paid, by way of a loan, the stamp duty on the purchase of Mr Donaghy’s $1.4 million home in the affluent beachside suburb Beaumaris.

“Melbourne Storm provided the funding to Donaghy on the basis that he acknowledged and agreed to be bound by every aspect of his employment contract, including the restraints,” Mr Zwier said.

In May 2018, the Storm agreed to forgive parts of the loan if Mr Donaghy agreed to remain with the Storm.

But Mr Donaghy argues the agreement “was in recognition for service as the lowest paid club CEO in the NRL”.

Mr Donaghy has claimed the Storm have not paid him tens of thousands in his entitlements.

He said amongst the outstanding money was a $50,000 bonus, a termination payment, payment of his long service leave entitlements and a $31,500 reimbursement after his salary was docked during the COVID outbreak in 2020.

Mr Donaghy represented himself before the Supreme Court on Monday where it was heard all Storm staff had their wages initially docked by 50 per cent between April and May 2020 due to the pandemic.

All payments were eventually reinstated except for his, the court heard.

Mr Donaghy maintains he was approached by the Broncos but in court documents, Mr Zwier said Storm chairman Matthew Tripp has been told by his Broncos counterpart Karl Morris it was Mr Donaghy who sounded out the club.

“I respect and appreciate Karl’s position in trying to protect the integrity of the Broncos to avoid litigation, but the simple fact is, one of you are not telling me the truth,” Mr Tripp said in an email to Mr Donaghy.

If it is found the Storm have not met their obligations, the non-compete clause could be considered void, which would open the door for Donaghy to begin with the Broncos immediately.

Barrister Jeffery Gleeson QC, who represented the Storm during the hearing, said Mr Donaghy had not met the criteria to be paid his bonus.

Justice Michael McDonald cast doubt on whether the clause, which had sidelined Mr Donaghy, was fair and legally enforceable.

The judge pointed out that after Mr Donaghy informed the Storm he was in discussions with the Broncos last year, the club’s chief financial officer Ashley Tucker was on October 29 installed as an acting CEO.

Between then and when Mr Donaghy left the club, he reported to Mr Tucker.

Justice McDonald said this meant he was effectively “demoted” despite having a “concrete” contract with the club.

Justice McDonald questioned whether his six-month non-compete period therefore should have begun on November 1, meaning he would be available to start work with the Broncos on April 1.

“If I’m restrained until the 1st of August 2021, the Broncos may very well go elsewhere,” Mr Donaghy told the court.

The matter will be subject to a hearing on March 17 with Mr Donaghy agreeing not to begin with the Broncos until the matter is finalised.

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