https://www.youtube.com/watch?v=Ko8iTHCNEx4

11:27am Sep 6, 2019  

The family of a woman who died after falling and hitting her head in a Victorian police cell want the world to watch distressing footage of her being "denied her basic humanity and dignity".

CCTV captures Tanya Day falling five times in the Castlemaine cell within a two-and-a-half-hour period after she was arrested for being drunk on a train on December 5, 2017.

Coroner Caitlin English approved the family's call for the CCTV video's release this morning.

"The privacy of Ms Day, regarding trauma and stress, is not an issue here because unusually Ms Day's family are advocating strongly for the release of the footage," she told the court.

"In fact, they are advocating for the very opposite of the protection of privacy, and reject invisibility."

The family of the Yorta Yorta grandmother say the footage is her "voice" at a coronial inquest into her death, though it has been "unbearably painful" for them to watch.

"This CCTV footage shows the last few hours that our mum was conscious. It shows her being denied her basic humanity and dignity," the Day family said in a statement.

"Imagine having to watch your mum die in this way, with nobody held responsible.

"We want the world to see this footage because it is what our mum would have wanted."

They said their mother deserved to be treated with dignity and care rather than "left to die on the floor of a police cell".

The inquest has previously heard police did not enter the cell between 3.56pm and and 8.03pm, when they noticed a bruise on her forehead and called an ambulance.

Ms Day, 55, died 17 days after her arrest from a brain haemorrhage caused by a fall in the cell at 4.51pm.

https://mypolice.qld.gov.au/news/2019/09/06/update-charges-police-officer-suspended-brisbane-region/

A 32-year-old male Senior Constable from the Brisbane Region has been suspended from the Queensland Police Service after being charged with offences relating to improper sexual conduct toward a child under the age of sixteen.

The officer had previously been stood down by the police service when the allegations became known and the officer was placed under investigation.

The officer is due to appear in the Brisbane Magistrates Court on September 23 on five charges under section 218 of the Criminal Code – child grooming and use internet to procure.

In keeping with our commitment to high standards of behaviour, transparency and accountability, we have undertaken to inform the public when an officer faces serious allegations of misconduct.  This does not mean that the allegations against the officer have been substantiated.

https://www.abc.net.au/news/2019-08-30/william-tyrell-person-of-interest-bill-spedding-sues-nsw-police/11466080

Updated 

A composite image of an elderly man and a young boy

A washing machine repairman has accused NSW Police of "reputational damage" and is seeking up to $1 million in compensation after his name was linked to the disappearance of toddler William Tyrrell.

Key points:

  • Bill Spedding denies involvement in William's disappearance and denies allegations he is a paedophile
  • Police charged Mr Spedding with historical sex offences but all were dropped or dismissed due to no evidence
  • His legal team allege the charges were laid as part of a smear campaign and to pressure him

 

Represented by defence lawyer Peter O'Brien, Bill Spedding, 65, is filing a suit in the NSW Supreme Court for misfeasance in public office, abuse of process and malicious prosecution.

The Bonnyhills resident became a "person of interest" not long after three-year-old William went missing from his foster grandmother's home at Kendall on the state's mid-north coast almost five years ago.

Over the past few weeks, a coronial inquest heard how there was a "low threshold" for someone to become a "person of interest" in the high-profile case, but that it did not make someone a suspect.

Three days before William vanished, Mr Spedding visited the Benaroon Drive property to offer the foster grandmother a quote on a broken washing machine.

That work trip changed his life forever.

The name "Bill Spedding" was thrown into the media spotlight when a Spider-Man toy was found in his van early during the investigation into the disappearance of William, who was wearing a Spider-Man suit at the time.

The ABC has learned all three of Mr Spedding's grandchildren told police it was purchased from a secondhand shop.

Tip-off led to investigation

The ABC has been told police received a tip-off from a mystery person that Mr Spedding was a paedophile.

Police investigated the allegations and charged him with historical child sex offences, but all of them were dropped or dismissed because there was no evidence.

Mr Spedding has always denied these allegations and his legal team allege the charges were laid as part of a smear campaign to put pressure on him.

Evidence heard at the coronial inquest revealed Mr Spedding was nowhere near Kendall when William disappeared on September 12, 2014.

On the same morning, his wife Margaret said she had breakfast with her husband about 9:45am in Laurieton, about 20 minutes' drive from Kendall.

The couple said they then attended a school assembly across the road at 10:30am because a child in their care was receiving an award.

Former journalist and Laurieton resident Gordon Wiegold backed up their evidence, telling the inquest that he saw Mr Spedding at that assembly.

No-one has ever been arrested or charged over the disappearance of William and a $1 million reward remains in place for information that could solve the mystery.

Topics: law-crime-and-justicecourts-and-trialsmissing-personkendall-2439

First posted 

https://www.abc.net.au/news/2019-08-30/danny-lim-wins-court-case-over-sandwich-board-sign-arrest/11465036

https://www.abc.net.au/radionational/programs/lawreport/sandwich-boards-and-skywriting:-whats-legal-and-whats-not/11469622

Updated 

Sydney sandwich board activist Danny Lim has won a legal battle over a double entendre after a magistrate blasted his arrest for offensive behaviour as "heavy-handed and unwarranted".

Key points:

  • Mr Lim was arrested at Barangaroo during school holidays after a complaint by a city worker
  • Police body cameras recorded officers saying Mr Lim was "full of shit"
  • Magistrate Jacqueline Milledge said the sign was "provocative and cheeky, but not offensive"

 

The 75-year-old gave evidence at Downing Centre Local Court with his dog, Smarty, sitting in his lap and said he "just wanted to make people smile".

Mr Lim was arrested at Barangaroo in January over a sign that read "Smile cvn't! Why cvn't?"

He contested his $500 fine, prompting the court to tackle the question of whether the "c word" is considered offensive in an everyday setting.

Magistrate Jacqueline Milledge criticised the police response and said Mr Lim's sign should not have been considered offensive.

"It's provocative and cheeky, but it's not offensive," she said.

Magistrate Milledge said the view of a "hypothetical reasonable person" must be considered, and that person should not be thin skinned or easily offended.

"It's about someone who is robust … who can ride out some of the crudities of what life has to offer," she said.

Mr Lim told the court he had the highest respect for police and did not make any money from his signs.

"Australia gave me a chance and I wanted to give something back. I have a chance to go out, a chance to listen and a chance to learn a lot," he said.

A man wearing a sign next to a picture of a jumper with the words FCUK.

 

Mr Lim's lawyer Bryan Wrench argued the play on words wasn't intended to be offensive and compared it to the advertising of UK fashion chain French Connection UK, which abbreviates its name to "FCUK".

The prosecution said Mr Lim wore the sign during the school holidays and Barangaroo was very busy at the time.

As Mr Lim left the witness box, he sat Smarty in the lap of police prosecutor Senior Sergeant Rick Mansley, who then asked a colleague to take a photo of him with the chihuahua-pomeranian cross.

Officers' language 'awful'

Mr Lim's arrest was triggered by a complaint from one woman on her way to work, the court previously heard.

Police body camera footage recorded officers referring to onlookers as "f***ing pathetic" and "social justice idiots", and accusing Mr Lim of being "full of shit".

Witnesses called the arrest "ridiculous" and "disgusting".

Magistrate Milledge said the officers' language was out of place.

"It's awful. It's just awful. That attitude has no place in the modern constabulary," she said.

Outside court, Mr Wrench described the outcome as "a win for the little guy and the little dog".

"We're very thankful for the people that didn't stand by and let something awful happen," he said, before hinting that the matter may be taken further in the future.

Mr Lim has previously had a similar fine overturned in the District Court after he used a sign that referred to former prime minister Tony Abbott with a similar alteration of the offensive term.

In 2017, a District Court judge found the earlier sign was in poor taste but not offensive, and that the "impugned word" in question was more prevalent in everyday language than it has previously been, particularly in Australia.

Topics: courts-and-trialspoliceactivism-and-lobbyingsydney-2000

First posted