Latest news with #courtCase
ABC News
12 hours ago
- Politics
- ABC News
Nationals MP Anne Webster drops request for protection orders against One Nation supporter
National Party MP Anne Webster and her husband Philip Webster have dropped a request for personal safety intervention orders against a One Nation supporter after an altercation at a Mildura car show. The Mildura Magistrate's Court put interim orders in place in April barring One Nation supporter Dean Lampard from contacting or approaching the Websters until Mr Lampard could obtain a lawyer. On Friday, the Victorian Solicitor General's Office dropped the application, saying it was unlikely to be approved. Magistrate Patrick Southey told the court Mr Lampard had made "nonsense" allegations against the Websters of corruption and paedophilia. "[They] were offensive, defamatory, crackpot, conspiracy theory allegations that hold no basis whatsoever," Magistrate Patrick Southey told the court. "If there was any shred of truth, [Anne Webster] wouldn't be a Member of Parliament and [Philip Webster] wouldn't be a doctor." Mr Lampard's lawyer Jamie Griffin said there was no evidence to suggest Mr Lampard's allegations against the Websters were "crackpot" or "conspiracy theory'. The court heard Mr Lampard made the accusations against the Websters when he went to Anne Webster's Mildura office on March 1. The court heard on that occasion, she did not like what was said by Mr Lampard and asked him to leave. Six weeks later, on Good Friday, Dr Webster's husband approached Mr Lampard at a car show with two of her staff and a security guard. Mr Griffin previously told the court there was "a conversation and pushing and shoving", with Mr Webster shoving Mr Lampard. He said there were no allegations of assault or threats by his client at the car show, and that he left of his own accord. "How can it be said that Mr Webster has any fear at all when he approaches my client, assaults my client, and my client leaves?" he asked the court. The court heard Mr Griffin contested the legitimacy of the interim orders that he described as baseless and without proof of criminal conduct. Mr Griffin told the court he found it questionable that a senior detective at Mildura Police Station brought the application to court in the first place. "It's exceptional that a matter like this, first of all, is prosecuted by a senior detective where there is no crime alleged here," Mr Griffin told the court. "The base of the claim is that there is a chance Mr Lampard may, in the future, make some other comment or approach Ms Webster." The media was denied a copy of the affidavit supporting the allegations made by the Websters against Mr Lampard because "it was protected information". Magistrate Southey told the court he believed the application for the interim orders had been made in good faith, despite them being withdrawn. "Is that largely because it's unlikely you can prove there is an ongoing likelihood of misbehaviour, is that the reason?" Magistrate Patrick Southey asked the lawyer for the Websters. Solicitor for the government, Nadia Deltondo, replied, "There are a number of reasons that unfortunately I can't answer." An application to have the Websters pay Mr Lampard's court costs was refused. Dr Webster retained the seat of Mallee in the May election with a slight swing toward her, in what is considered a safe seat. She was elevated three weeks ago to shadow minister for regional development, local government and territories and shadow minister for regional communications. The Websters were not in court for Friday's hearing.
BBC News
a day ago
- BBC News
Pregnant teenager jailed for role in Rotherham asylum hotel riot
A pregnant woman who threw missiles at police officers and set items alight during rioting outside a hotel housing asylum seekers has been Garner-Abbey, 19, was sentenced at Sheffield Crown Court to 18 months in prison earlier, just a week after finding out she was court heard she attended the unrest at the Holiday Inn Express, in Manvers, Rotherham, on 4 August alongside ex-partner Philip Wood, 22, who was jailed for two of Sheffield, Judge Jeremy Richardson said while he had reduced Garner-Abbey's sentence "as much as I reasonably can" she had been "right at the centre" of the disorder. He said: "I am conscious [pregnant women] have particular difficulties whilst in custody. That factor has caused me to reflect with great care on your case."The court heard Garner-Abbey and Wood were among hundreds of rioters who hurled missiles at officers trying to protect those inside the one stage Garner-Abbey was filmed stoking a fire with a blue stick, setting it ablaze and then passing the stick to another person, prosecutor Joseph Bell Wood was seen leaving the scene and returning with plant pots from residents' gardens, which he passed to others to break and throw at was also seen approaching a fire in the middle of Manvers Way, while topless and wearing a face covering, to set a phone charger on fire which he then swung above his head. Marc Luxford, on behalf of Wood, said his client had a mental age of 12 or 13 and an IQ score of 51, putting him in the range considered to be a moderate learning said suggestions Wood had groomed or coerced Garner-Abbey were misplaced saying he was "simply not able" to have due to his mental Richardson said while there was some evidence of Wood having a "controlling and malign" influence on Garner-Abbey CCTV showed her "acting of [her] own free will in a prominent way".Garner-Abbey and Wood were also issued with a criminal behaviour order for a period of 10 years. Listen to highlights from South Yorkshire on BBC Sounds, catch up with the latest episode of Look North
BreakingNews.ie
a day ago
- Politics
- BreakingNews.ie
Man (42) spared trial for threatening to slit throat of TD Paul Murphy's wife
A man who threatened Paul Murphy TD with slitting his wife's throat has been spared trial and jail after apologising and citing a psychotic episode. Dublin District Court had sought fitness-to-plead psychiatric reports on the accused, and on Thursday, 42-year-old Joseph Cloherty's non-jury hearing was expected to go ahead. Advertisement Mr Cloherty, of no fixed address, had earlier indicated that he would contest the charge, requiring Murphy to come to court and testify. However, Judge John Hughes heard that the prosecution was not proceeding and applying to withdraw the case. Judge Hughes noted that this followed a letter being sent by Cloherty to the Dublin South-West TD, apologising to both him and his wife, councillor Jessica Spear, and explaining the incident happened when he was going through a psychotic episode. The apology was acceptable to the TD, who was not required to give evidence and left the court as Judge Hughes struck out the proceedings. Advertisement Defence solicitor Emer O'Sullivan also furnished a medical report on her client, who pleaded guilty to unrelated public order offences, resulting in a one-month suspended sentence. Cloherty had nine prior convictions, mainly public order and motoring offences. The threatening encounter with the politician occurred after the politician canvassed about abortion laws in Tallaght on May 23rd, 2023. Cloherty faced a charge under section 5 of the Non-Fatal Offences Against the Person Act. Advertisement Mr Cloherty was accused of having, without a lawful excuse, made a threat to Paul Murphy, intending him to believe it would be carried out that he would kill or cause serious harm to Jessica Spear. Earlier, the court heard that Mr Cloherty had been hospitalised involuntarily. A preliminary hearing in January was told that he denied the charge that he threatened the politician to his face that his wife would be seriously harmed. Ms Spear is a People Before Profit councillor for Tallaght Central. Advertisement The Director of Public Prosecutions directed summary disposal of the case at the District Court level. Outlining the evidence, Garda Elaine Markham had said that the TD had set up a stall at Belgard Square. He was giving out leaflets about a pro-abortion bill when the accused allegedly "walked up to Paul Murphy and threatened to slit his wife's throat". Gardaí took statements from her and the TD. Advertisement "That's a lie," Mr Cloherty had told the court after it heard a summary of the evidence. Mr Cloherty had said, "They were talking about killing babies." On conviction, the threat could have led to a fine and a 12-month sentence. On Thursday, Garda Sergeant Nigel Petrie gave evidence on the two remaining unconnected offences, the use of threatening, abusive, insulting behaviour in public and resisting arrest on January 9th. Sergeant Petrie said he spoke to Cloherty near the Royal Canal Bank in Dublin and was about to arrest him over a warrant. Cloherty angrily shouted, "You have now entered the arena; you don't know what you've just done". Ireland Limerick feud escalates: House demolished after bo... Read More He resisted gardaí handcuffing or putting him into a patrol car, but the sergeant volunteered that it ranked at two or three out of ten in terms of seriousness. He stressed that Cloherty subsequently sought him out to apologise, adding that he is now a very different man from the agitated person he met on the date of the arrest. Ms O'Sullivan, pleading for leniency, said Cloherty was in homeless accommodation but goes to his mother's house every day. She and Cloherty's brother-in-law came to court, and the solicitor emphasised that he had family support and was now on antipsychotic medication. Noting his apology, medical report and mitigation plea, Judge Hughes suspended the one-month term on condition he does not re-offend for two years, stays off cocaine and cannabis, and continues to attend appointments with a mental health professional and follow their directions.
Daily Mail
2 days ago
- Daily Mail
Asylum seeker who raped girl, 15, was not aware of 'cultural' differences, claims his lawyer
An Afghani asylum seeker who entered the UK illegally on a small boat kicked off in court after he was caged for raping a 15-year-old schoolgirl. Sadeq Nikzad, 29, who claimed he'd not been educated on 'cultural differences' repeatedly shouted 'liar' at judge John Morris, KC, after he was handed a 12-year extended sentence at Livingston High Court. The judge hurriedly left the bench as the accused, screaming and gesticulating wildly, was handcuffed by security guards before being led to the cells. Nikzad will serve nine years in custody followed by three years on licence, go on the sex offenders register and at the end of his sentence, be deported. The court heard that Nikzad entered the UK illegally two years ago, before subjecting the vunerable teenager to the terrifying oportunistic sex attack in Falkirk town centre in October 2023. He was convicted of rape at the High Court in Edinburgh earlier this year after a jury heard how he approached the girl and asked for her phone number and if she had a boyfriend. He then made sexual remarks towards the underage youngster before leading her to the rear of The Courtyard pub where he attacked and raped her. The girl said that she froze during the assault while a woman who came across the victim shortly after said she had been 'in a daze'. The witness said: 'She looked stunned. I knew something had gone wrong. She came to me for comfort. She said she kept telling the guy she was only 15.' Nikzad's defence counsel Janice Green told an earlier hearing that her client had not been educated about the significant cultural differences between the UK and Afghanistan. Ms Green also said that the schoolgirl's evidence about language difficulties between them and the fact she had not told the accused 'No' meant the offence was 'not a typical stranger rape'. She added: 'There are no issues raised by him in relation to fear of persecution and the ultimate result is that he'll be deported at the conclusion of his sentence.' Passing sentence, judge Morris told the accused through an interpreter: 'You've been convicted of an extremely serious sexual offence against a child, and I know your counsel has now explained to you that in those circumstances only a substantial custodial sentence is appropriate.' As he informed Nikzad that his name would also be placed on the sex offenders register, he lost his temper and started waving his arms in the air and shouting at his interpreter and the judge. After sentencing, Katrina Parkes, Procurator Fiscal for High Court Sexual Offences, said: 'This was an appalling, opportunistic attack on a young girl who should have been safe going about her daily business.' She added: 'I hope this prosecution sends a clear message to men who commit serious acts of sexual violence against women and children.' Detective Inspector Forbes Wilson, from the Forth Valley Public Protection Unit, said: 'Nikzad's heinous actions had a profound effect on his young victim and I would like to commend her strength throughout this ordeal.'
ABC News
2 days ago
- Sport
- ABC News
Mesepa Salesa, wife of Raiders star Josh Papalii, convicted of assault over rugby league brawl
The wife of Canberra Raiders star Josh Papalii has been convicted of assault and handed a good behaviour order in the ACT Magistrates Court. Mesepa Selesa was charged with two counts of common assault after a rugby league match in Canberra last July. In CCTV footage previously shown in court, Salesa can be seen taking to the field and becoming involved in an altercation with a 17-year-old player, who she pushed, punched and then dragged by the hair. The pair were separated by other spectators before a different female lunged at Salesa, who responded by grabbing her, pulling her jersey over her head, striking her and pulling her towards the ground. They were then separated by onlookers. Salesa's defence barrister Anthony Williamson asked the court last week to dismiss the charges on account of his client's mental impairment at the time, which he said had been caused by the recent autism diagnosis of her son. In court today, Magistrate Alexandra Burt said she accepted Salesa was suffering from some degree of mental impairment but did not believe dismissing the charges was appropriate given their seriousness. "In my view, it is at about the mid-point," Magistrate Burt said. The court was read victim impact statements from the older victim as well as her mother. The victim described the "serious and ongoing impact" of the incident, including an inability to carry out normal day-to-day activities for weeks afterwards. She said she had been a passionate rugby league player but that changed following last year's attack. "Since then, I have felt I was unable to return to the sport … due to the trauma and humiliation," the victim said in a statement. The victim's mother wrote about the after-effects for her grandson, who had witnessed the assault. "My five-year-old grandson was … heartbroken," the statement read. "My grandson didn't understand why his mum was beaten up." During sentencing Magistrate Burt acknowledged Salesa had entered early pleas of guilty, as well as her traumatic childhood, which involved being exposed to abuse and violence. "I accept she has taken responsibility, and I should give her the benefit of an early plea," she said. "I accept she is genuinely and deeply remorseful." Magistrate Burt also made it clear to the court that she would not treat Salesa "any differently because of the apparent profile of her husband". Papalii supported his wife in court and, as they left in their vehicle, made a rude hand gesture at reporters. The court also heard that Canberra Raiders coach Ricky Stuart had written Salesa a character reference attesting to her "unwavering support" of her husband and children. Mr Williamson had argued a severe sentence could mean Salesa was subjected to extra-curial punishment given the governing body for grassroots rugby league in Canberra had already banned her from attending matches for a decade. The ban means she will not be able to watch her son, who is now 10, play the sport until he is 17 years old. "I accept you feel the impact of that ban keenly and you worry about the future and your children feeling discouraged and disappointed," Magistrate Burt said. "I accept that this is a heavy burden to you." Magistrate Burt characterised the governing body's ban as appropriate and "a natural consequence" of Salesa's conduct but said she accepted some degree of extra-curial punishment. She added that there remained a need to denounce Selesa's actions. "Young people must be safe from violence at all times." After ruling a term of imprisonment was not warranted, Magistrate Burt imposed a good behaviour order of 15 months with six months of supervision by Corrective Services. The term of supervision was deferred until November on account of Salesa being 38 weeks pregnant with her fourth child. Magistrate Burt then spoke directly to Salesa.
