Another charged over Kara's death

Kara Doyle, 24, was shot in Avondale Heights last month. Source: Supplied

A FOURTH person has been charged after a woman was shot and killed in Melbourne's northwest last month.

Kara Doyle, 24, was shot at a Military Rd property in Avondale Heights on April 17, before being taken by two men to a nearby service station

She was taken by ambulance to the Royal Melbourne Hospital and later died in hospital.

Detectives executed a warrant at an Avondale Heights residence yesterday.

A 43-year-old man from that address was arrested and charged with being an accessory after the fact to murder.

He was bailed to appear at Melbourne Magistrates Court this morning for a filing hearing.

Jessica.evans@news.com.au

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Truck driver not guilty over cyclist's death

Luke Michael Stevens walks from court on Monday after the not guilty verdict. Source: The Courier-Mail

Gifted musician Richard Pollett died after being struck by a cement truck's rear tyres as the driver attempted to overtake him on Moggill Rd in September 2011. Source: The Courier-Mail

A CEMENT truck driver accused of driving dangerously and causing the death of cyclist and gifted musician Richard Pollett has been found not guilty.

The jury retired on Friday morning to consider its verdict after three days of evidence and submissions in the District Court trial in Brisbane, where driver Luke Michael Stevens, 29, pleaded not guilty to dangerous operation of a motor vehicle causing death.

It found Stevens not guilty of dangerous driving causing death on Monday at 10.49am.

Stevens had tears in his eyes as he stepped from the prisoner's dock.

Pollet, 25, was killed after being struck by the cement truck's rear tyres as the driver attempted to overtake him on Moggill Rd at Kenmore at 1.30pm on September 27, 2011.

His devastated parents Patricia and Philip Pollett said outside court they hoped their son's death would remind motorists of their duty of care to one another on the state's roads.

"We all have a duty of care to one another on the roads and we should remember that when all of us are using the roads," Philip Pollett said.

"There is an increasing number of cyclists joining the roads for health reasons and for environmental reasons and we need to exercise that duty of care, especially the drivers of heavy vehicles and especially professional drivers who should know to give cyclists sufficient room."

Judge Michael Rackemann thanked the jury for their efforts during the hearing but told the court he had been left with an "empty feeling".

"It is such an empty feeling in this case because we'd all like to do something to relieve the hurt," he said.

"I can only hope that everyone involved and their families can somehow come to peace in their hearts."

Pollett was a talented violinist and at the time of his death was in Brisbane to play as a soloist with the Queensland Symphony Orchestra.

His peers established the Richard Pollett Memorial Award with the Australian Youth Orchestra to honour his memory and to provide support and encouragement to young violinists after his death.

During the trial, the jury was told Stevens had been driving inbound when he attempted to overtake Mr Pollett in the far left-hand lane of Moggill Rd.

Crown prosecutor Michael Lehane said scratches, gouge marks and "body scuff marks" were found by officers from the Boondall Forensic Crash Unit as far back as 25m from the place where Mr Pollett's body came to rest.

The court heard the force of the impact shattered Mr Pollett's bike helmet. It was told his body had to be disentangled from his mangled bike.

He said Mr Pollett was "vulnerable" as a cyclist and any contact with a vehicle would have obviously "significantly imperilled his life".

Mr Lehane told the jury a heavy vehicle could be more difficult and take longer to manoeuvre.

"The accused should have had an appreciation for how vulnerable Mr Pollett was and insight into how unsettling his vehicle could be," he said.

Mr Lehane argued the road conditions, the vulnerability of Mr Pollett and the restricted capabilities of the heavy vehicle he was driving, should have led Stevens to "put his foot on the brake" as he approached the cyclist.

Barrister Steve Zillman, for Stevens, told the jury his client was going about his lawful business and driving in a responsible way on the day of the accident.

He said Stevens was not driving erratically or speeding and was effectively "boxed in" by other cars as he approached Mr Pollett on his bike.

Mr Zillman said Stevens was under "the honest and reasonable belief" there was enough room on the road to safely overtake him.

He cited the evidence of eye-witness Maxwell Roy Clothier, which contended that Mr Pollett may have come into contact with the cement truck near to the intersection with Blacon St - a straight section of road before the left-hand bend - and therefore "had the option" of turning down it if he felt unsafe.

Mr Zillman said there was no evidence the truck caused Mr Pollett to come off his bike and he could have fallen off as a result of "any number of reasons".

"It's not good enough to say it's a coincidence," he said.

The jury heard Moggill Rd was narrow, winding and the width of the left-hand lane expanded and reduced between 3.1m and 3.6m near to the accident scene, without signage notifying motorists of the change.

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Jury out in cyclist death case

THE jury in the trial of a cement truck driver accused of causing the death of cyclist Richard Pollett has retired to consider its verdict.

The jury heard three days of evidence and submissions in the District Court trial in Brisbane, where driver Luke Michael Stevens, 29, has pleaded not guilty to dangerous operation of a motor vehicle causing death.

Pollet, 25, was killed after being struck by the cement truck's rear tyres as the driver attempted to overtake him on Moggill Rd at Kenmore at 1.30pm on September 27, 2011.

The jury was told Stevens was driving inbound when he attempted to overtake Mr Pollett in the far left-hand lane of Moggill Rd.

Crown prosecutor Michael Lehane said scratches, gouge marks and "body scuff marks" were found by officers from the Forensic Crash Unit as far back as 25m from the place where Mr Pollett's body came to rest.

The court heard the force of the impact shattered Mr Pollett's bike helmet. It was told his body had to be disentangled from his mangled bike.

He said Mr Pollett was "vulnerable" as a cyclist and any contact with a vehicle would have obviously "significantly imperilled his life".

Mr Lehane told the jury a heavy vehicle could be more difficult and take longer to manoeuvre.

"The accused should have had an appreciation for how vulnerable Mr Pollett was and insight into how unsettling his vehicle could be," he said.

Mr Lehane argued the road conditions, the vulnerability of Mr Pollett and the restricted capabilities of the heavy vehicle he was driving, should have lead Stevens to "put his foot on the brake" as he approached the cyclist.

Barrister Steve Zillman, for Stevens, told the jury his client was going about his lawful business and driving in a responsible way on the day of the accident.

He said Stevens was not driving erratically or speeding and was effectively "boxed in" by other cars as he approached Mr Pollett on his bike.

Mr Zillman said Stevens was under "the honest and reasonable belief" there was enough room on the road to safely overtake him.

He cited the evidence of eye-witness Maxwell Roy Clothier, which contended that Mr Pollett may have come into contact with the cement truck near to the intersection with Blacon St - a straight section of road before the left-hand bend - and therefore "had the option" of turning down it if he felt unsafe.

Mr Zillman said there was no evidence the truck caused Mr Pollett to come off his bike and he could have fallen off as a result of "any number of reasons".

"It's not good enough to say it's a coincidence," he said.

The jury heard Moggill Rd was narrow, winding and the width of the left-hand lane expanded and reduced between 3.1m and 3.6m near to the accident scene, without signage notifying motorists of the change.

In his summing up of the case, Judge Michael Rackemann told the jury it needed to consider two primary issues, including whether the operation of the cement truck was dangerous and whether it was a "substantial and significant" cause of Mr Pollett's death.

He said the jury needed to exclude the possibility Mr Pollett fell from his bike for reasons that didn't involve the truck as a cause.

"The Crown asks you to infer that it was something about the truck being, they would say, too close to the cyclist that has in some way - which they can't pin-point - significantly and substantially resulted in this cyclist falling under the truck," Judge Rackemann said.

He said the Crown contended it would otherwise be a "coincidence" if the cyclist fell at a time when a truck was passing.

"The defence says: 'how can you possibly be satisfied by that?'," Judge Rackemann said.

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New footy drug fear after NRL death

Stephen Dank denies any wrongdoing and insists the substances he provided were above board. Source: The Daily Telegraph

A PERFORMANCE-enhancing drug given to a rugby league player before his death from cancer may have been given to at least one AFL player.

Sports bodies are investigating whether the peptide CJC-1295 was given to the player, whom the Herald Sun has chosen not to name.

He is the mystery athlete originally identified alongside Essendon players as possibly having used banned drugs.

The peptide CJC-1295 is prohibited for use by athletes. It has not been approved for human use by the Therapeutic Goods Administration.

The player is from a club that has had an association with sports scientist Stephen Dank.

NRL player Jon Mannah died in January this year.

Mr Dank is central to investigations by the AFL and the Australian Sports Anti-Doping Authority into whether players and coaches have been administered with substances that are dangerous or prohibited by the World Anti-Doping Agency.

Mr Dank denies any wrongdoing and insists the substances he provided were above board.

CJC-1295 is promoted on bodybuilding websites as a substance that helps reduce fat and repair injured tissue.

The AFL player believed to have been given the substance has suffered a recent on-field injury.

Parramatta’s Tim Mannah makes a statement about reports his brother, Jon's, fatal cancer was accelerated by peptides.

The player's representatives did not return calls and his club declined to comment.

CJC-1295 is prohibited for use by athletes, according to WADA. It is featuring heavily in investigations into sports doping in the NRL.

Cronulla has received advice that the peptide may have accelerated the Hodgkin's lymphoma death of Cronulla Sharks prop Jon Mannah.

CJC-1295 was one of the two main peptides identified by the Australian Crime Commission's Project Aperio as being widely used.

The project was an 18-month investigation into links between organised crime, performance-enhancing drugs and sport.

The hormone GHRP-6 was the other substance said to be in wide use.

A synthetic peptide that stimulates the body's natural growth hormone production, CJC-1295 was developed to treat burns and growth disorders, and can be injected or applied as a cream.

The TGA has confirmed to the Herald Sun that it is not approved for human use.

Only six permits exist for the peptide's importation, according to the Australian Crime Commission. 

carly.crawford@news.com.au

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Drug lifestyle led to death of teen girl

INQUEST: Leanne Thompson. Source: Supplied

AN inquest into the hanging-related death of a girl, 15, has been told her high risk lifestyle with a drug abuser led to her death and there was no evidence to support a claim she was murdered.

Julie Sharp, Counsel assisting the coroner, said "troubled teenager'' Leanne Thompson kept returning to boyfriend Alex O'Sachy, 28, who "preyed on'' her, treated her appallingly and fuelled her drug addiction.

In submissions at the end of the inquest, Ms Sharp told Brisbane Coroners Court Leanne was determined to live her life the way she wanted, and police and Child Safety officers were powerless to stop her.

"It was that high risk lifestyle that led to Leanne's tragic and untimely death,'' Ms Sharp said.

The coronial inquest has concluded and Coroner John Lock will deliver his inquest findings on May 3.

Leanne Thompson died in hospital of hypoxic brain injury due to hanging at 10.26pm on September 7, 2006.

Linda Hart, who lived next to the house where Leanne was found hanging, told police in 2010 that just after 12.15pm that day she saw Alex O'Sachy and his brother Daniel assaulting and hanging the teenager.

But Ms Sharp said because of evidence time frames, Ms Hart could not have seen the events that led to Leanne's death and forensic pathologists could not find evidence of injuries she said were inflicted on the girl.

"In my submission it is absolutely clear Leanne Thompson did not die in the way or at the time described by Ms Hart, " Ms Sharp said.

Ms Sharp said there were still some troubling issues about Leanne's death.

She said the origin of the complex noose used in her hanging remained a mystery and her neck injuries showed it was not a "classic hanging" case.

Ms Sharp said there also was the issue of why police who went to the Upper Mt Gravatt house to search for Leanne did not find her, when she must have been in the store room where she later was found hanging, or close by.

She said there was only 15 minutes between the arrival of those police, who spent five minutes at the house before going off to search for Leanne, and the arrival of paramedics after Leanne was found hanging.

"Although some mystery remains regarding Alex O'Sachy's contact with Leanne during that final period, there is no evidence that the inquiry has heard that he was involved to any greater extent than previously ascertained,'' Ms Sharp said.

Alex O'Sachy had stood trial for assisting Leanne's suicide by encouraging it, by telling her to go and kill herself, but a jury was unable to reach a verdict.

The charge was dropped after police began a homicide investigation following Linda Hart's 2010 statement.

Earlier today, Alex O'Sachy was sentenced to an extra six months in jail for contempt of court after he refused the coroner's order to answer questions at the inquest.

O'Sachy will have the six months added on to the current five-year jail term he is serving for drug trafficking.

Coroner John Lock said he would now be eligible for parole on February 6.

O'Sachy refused answer questions at the inquest on Tuesday, even after warnings that he could be charged.

Mr Lock said as O'Sachy was most likely to have been the last person to see Leanne alive his evidence could have been important and perhaps crucial to the inquest findings.

Mr Lock said he had directed O'Sachy to give evidence at the inquest, even if it tended to incriminate him, as it was in the public interest.

"This is a particularly serious example of contempt," Mr Lock said.

He said O'Sachy lied to police after Leanne's death on September 7, 2006, by saying he was not in a sexual relationship with her.

He later had served six months imprisonment for unlawful carnal knowledge of Leanne.

Ms Sharp earlier told Brisbane Coroners Court that on O'Sachy's account he was also the first person to see her hanging under a house, after police did a "cursory search" in that area on the day she died.

When he first appeared in court on Tuesday, O'Sachy told Brisbane Coroners Court: "I've given my statement. Nothing else to say. It's a tragic thing that happened."

After refusing to answer several questions from Ms Sharp he was warned by the coroner he could be held in contempt of court.

After consulting with his lawyer Craig Chowdhury, O'Sachy, who had been brought from prison, said: "I had nothing to do with the death of Leanne Thompson. That's all I've got to say."

Alex O'Sachy has never given evidence about the death of Leanne and has only ever made one statement to police, the day after her death.

He stood trial for assisting her suicide, but a jury was unable to reach a verdict and the charge was dropped.

He served a six month sentence for unlawful carnal knowledge of Leanne Thompson, the court heard.

Leanne Melissa Thompson, the daughter of Sergeant Damian Rockett, died on September 7, 2006, from hypoxia brain injury due to hanging, the court has been told by a pathologist.
 

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Push to revive abandoned 'Death Railway'

Tourists walk on a railway bridge over the river Kwai build during World War II in Kanchanaburi province. Picture: AFP Source: AFP

Myanmar hopes to boost tourism to the 'Death Railway'. Picture: Mark Fischer /Flickr

AN elegant cemetery in strife-torn southeast Myanmar has long stood as a lonely testament to the fate of thousands of prisoners of war who died building Japan's "Death Railway".

As the fast-changing nation now opens to the world, a reformist regime is considering rebuilding a stretch of the notorious World War II track to attract tourists and help develop border areas, where memories of the line have been eclipsed by conflict and poverty under decades of junta rule.

Local gardeners pluck weeds and tend flowers between neat lines of graves at the Thanbyuzayat War Cemetery in Mon state for some 3000 Allied troops who died building the line between Myanmar and neighbouring Thailand.

"After seeing this cemetery people do not want to see war. There should not be war in the whole world," gardener Myat Soe told AFP.

"Because the soldiers died the way they did the world remembers them with sorrow. Dying fighting is honourable, but dying like this is very sad."

Many epitaphs at the site, funded by the Britain-based Commonwealth War Graves Commission, are a heart wrenching testament of how bewilderingly distant the country then called Burma was for the families of those killed.

"We were not there to clasp your hand, you passed away without a last good-bye," reads the epitaph for 26-year-old Lance Serjeant Harry Dawes, of the Loyal Regiment, who died in September 1943.

Exhaustion, starvation, disease and torture were the chief causes of fatalities among those impelled by the invading Japanese to gouge a rail route through dense jungle and solid rock between October 1942 and December 1943.

About 13,000 prisoners of war - many captured in Singapore, the Malay Peninsula and what was then the Dutch East Indies - died during construction, along with up to 100,000 civilians, mostly forced labour from the region.

A labourer does maintenance work at the war cemetery in Thanbyuzayat, in Myanmar's eastern Mon state. Picture: AFP Source: AFP

Built with pickaxes and shovels

Robert Goodwin, an Australian veteran who worked on the infamous "Hellfire Pass" cutting on the Thai side of the border, said the men's relentless toil involved hacking through rock almost completely by hand.

"Every day that we worked, if anyone seemed to be slowing up they'd be belted with not just hands or pickaxes but with wire whips, with anything they could lay their hands on. The Japanese were cruel by anybody's standards."

On the Thai side, hordes of foreign visitors flock to see the track and bridge made famous by the film The Bridge Over the River Kwai, and to ride on a stretch of the line still in operation.

The town of Kanchanaburi, a popular destination about three hours drive from the capital Bangkok, generated tourism revenue of over 2.4 billion baht ($84 million) last year, according to Thai officials.

That fact is not lost on Myanmar authorities keen to encourage development in the southeast of their country - a region emerging from isolation after years of civil war.

Ceasefire deals were reached last year between local ethnic Karen and Mon rebels under a new quasi-civilian government which took power two years ago after decades of harsh military rule ended.

Surveys have now begun to trace the route from Thanbyuzayat to Three Pagodas Pass at the Thai border, according to an official from Myanmar Railways, who asked not to be named.

"This is primarily for tourism. If we can connect the railway track on the Thai side, it will help tourism develop," he said.

Phyoe Wai Yar Zar, of the Myanmar Tourism Board, said there is "huge potential" to develop tourism around the "Death Railway" in Myanmar.

But he said efforts should not only be "focused on the past" and should also showcase the heritage of the local ethnic minority population.

"I believe we shouldn't invent the wheel again. What has been done in another part of the region shouldn't be done again in Myanmar," he said.

Neglected and forgotten

There are, however, doubts about the feasibility of restoring the railway.

Rebuilding the track would make "little economic sense" because a hydropower dam on the Thai side blocks the original route, according to Rod Beattie, a historian who runs Kanchanaburi's Thailand-Burma Railway Centre.

The 420 kilometre line linking the Thai and Myanmar railway systems was aimed at resupplying the Japanese army as it fought British colonial forces and their allies.

It fell into disuse after the war ended in 1945 and much of the track was reclaimed by the jungle.

Cchildren play at the railway station in Thanbyuzayat, Myanmar. Picture: AFP Source: AFP

Myanmar was soon embroiled with its own internal strife as independence in 1948 heralded civil wars in ethnic areas.

In Thanbyuzayat there is little sign of remembrance beyond the gates of the cemetery.

An old locomotive and a last scrap of track on the outskirts of town acts as a memorial, but the rails have been swallowed by weeds and a huddle of statues depicting emaciated prisoners has been vandalised, smashed almost beyond recognition.

The railway has become a legend for local children, a group of whom eagerly led a visiting AFP journalist through the shady corridors of a rubber plantation to proudly display an anonymous mound of earth they were convinced marked the old route.

Gardener Myat Soe is encouraging local youths to understand the history behind the cemetery and said a planned museum would also help raise awareness.

"As long as the world exists, this cemetery will be a symbol of a tragic time," he said.

He recalled a 90-year-old Australian veteran who made the difficult journey to the cemetery two years ago to visit the grave of a friend.

"As soon as he arrived, he put down his bag beside the grave, saluted and burst into tears. It was the saddest thing I had seen in the nine years I have worked here. I cried beside him."

Tourists walk by the River Kwai along the 'Death Railway' line. Picture: Owens Warren Source: Supplied

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Push to revive abandoned 'Death Railway'

Tourists walk on a railway bridge over the river Kwai build during World War II in Kanchanaburi province. Picture: AFP Source: AFP

Myanmar hopes to boost tourism to the 'Death Railway'. Picture: Mark Fischer /Flickr

AN elegant cemetery in strife-torn southeast Myanmar has long stood as a lonely testament to the fate of thousands of prisoners of war who died building Japan's "Death Railway".

As the fast-changing nation now opens to the world, a reformist regime is considering rebuilding a stretch of the notorious World War II track to attract tourists and help develop border areas, where memories of the line have been eclipsed by conflict and poverty under decades of junta rule.

Local gardeners pluck weeds and tend flowers between neat lines of graves at the Thanbyuzayat War Cemetery in Mon state for some 3000 Allied troops who died building the line between Myanmar and neighbouring Thailand.

"After seeing this cemetery people do not want to see war. There should not be war in the whole world," gardener Myat Soe told AFP.

"Because the soldiers died the way they did the world remembers them with sorrow. Dying fighting is honourable, but dying like this is very sad."

Many epitaphs at the site, funded by the Britain-based Commonwealth War Graves Commission, are a heart wrenching testament of how bewilderingly distant the country then called Burma was for the families of those killed.

"We were not there to clasp your hand, you passed away without a last good-bye," reads the epitaph for 26-year-old Lance Serjeant Harry Dawes, of the Loyal Regiment, who died in September 1943.

Exhaustion, starvation, disease and torture were the chief causes of fatalities among those impelled by the invading Japanese to gouge a rail route through dense jungle and solid rock between October 1942 and December 1943.

About 13,000 prisoners of war - many captured in Singapore, the Malay Peninsula and what was then the Dutch East Indies - died during construction, along with up to 100,000 civilians, mostly forced labour from the region.

A labourer does maintenance work at the war cemetery in Thanbyuzayat, in Myanmar's eastern Mon state. Picture: AFP Source: AFP

Built with pickaxes and shovels

Robert Goodwin, an Australian veteran who worked on the infamous "Hellfire Pass" cutting on the Thai side of the border, said the men's relentless toil involved hacking through rock almost completely by hand.

"Every day that we worked, if anyone seemed to be slowing up they'd be belted with not just hands or pickaxes but with wire whips, with anything they could lay their hands on. The Japanese were cruel by anybody's standards."

On the Thai side, hordes of foreign visitors flock to see the track and bridge made famous by the film The Bridge Over the River Kwai, and to ride on a stretch of the line still in operation.

The town of Kanchanaburi, a popular destination about three hours drive from the capital Bangkok, generated tourism revenue of over 2.4 billion baht ($84 million) last year, according to Thai officials.

That fact is not lost on Myanmar authorities keen to encourage development in the southeast of their country - a region emerging from isolation after years of civil war.

Ceasefire deals were reached last year between local ethnic Karen and Mon rebels under a new quasi-civilian government which took power two years ago after decades of harsh military rule ended.

Surveys have now begun to trace the route from Thanbyuzayat to Three Pagodas Pass at the Thai border, according to an official from Myanmar Railways, who asked not to be named.

"This is primarily for tourism. If we can connect the railway track on the Thai side, it will help tourism develop," he said.

Phyoe Wai Yar Zar, of the Myanmar Tourism Board, said there is "huge potential" to develop tourism around the "Death Railway" in Myanmar.

But he said efforts should not only be "focused on the past" and should also showcase the heritage of the local ethnic minority population.

"I believe we shouldn't invent the wheel again. What has been done in another part of the region shouldn't be done again in Myanmar," he said.

Neglected and forgotten

There are, however, doubts about the feasibility of restoring the railway.

Rebuilding the track would make "little economic sense" because a hydropower dam on the Thai side blocks the original route, according to Rod Beattie, a historian who runs Kanchanaburi's Thailand-Burma Railway Centre.

The 420 kilometre line linking the Thai and Myanmar railway systems was aimed at resupplying the Japanese army as it fought British colonial forces and their allies.

It fell into disuse after the war ended in 1945 and much of the track was reclaimed by the jungle.

Cchildren play at the railway station in Thanbyuzayat, Myanmar. Picture: AFP Source: AFP

Myanmar was soon embroiled with its own internal strife as independence in 1948 heralded civil wars in ethnic areas.

In Thanbyuzayat there is little sign of remembrance beyond the gates of the cemetery.

An old locomotive and a last scrap of track on the outskirts of town acts as a memorial, but the rails have been swallowed by weeds and a huddle of statues depicting emaciated prisoners has been vandalised, smashed almost beyond recognition.

The railway has become a legend for local children, a group of whom eagerly led a visiting AFP journalist through the shady corridors of a rubber plantation to proudly display an anonymous mound of earth they were convinced marked the old route.

Gardener Myat Soe is encouraging local youths to understand the history behind the cemetery and said a planned museum would also help raise awareness.

"As long as the world exists, this cemetery will be a symbol of a tragic time," he said.

He recalled a 90-year-old Australian veteran who made the difficult journey to the cemetery two years ago to visit the grave of a friend.

"As soon as he arrived, he put down his bag beside the grave, saluted and burst into tears. It was the saddest thing I had seen in the nine years I have worked here. I cried beside him."

Tourists walk by the River Kwai along the 'Death Railway' line. Picture: Owens Warren Source: Supplied

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Son charged over couple's death

Wangaratta couple Bill and Pauline Thomas were a quiet and loving couple well-regarded in the local community. Picture: Supplied Source: Supplied

THE son of a couple found dead in their home has been charged with murder.

Ian David Thomas, 35, of Western Australia, faced an out-of-sessions court hearing charged with the murders of Bill and Pauline Thomas.

Plain-clothes detectives arrested Mr Thomas in Meredith, between Ballarat and Geelong, on Tuesday.

The bodies of the devoted couple were found in their home outside Wangaratta on Monday night.

Ian Thomas has been arrested over the deaths of his parents.

A barefoot Mr Thomas, in a blue jumpsuit, asked for bail, saying: "I am absolutely no threat to anyone's livelihood whatsoever."

He appeared calm, but had an injury to his face that he said occurred when a police officer "stomped" on him as he was arrested.

The hearing was told investigations into the cause of the couple's deaths, some time between Sunday afternoon and Monday morning, were continuing.

Detectives have arrested a 35-year-old man after the discovery of two bodies at a home in country Victoria.

Mr Thomas was remanded to face Melbourne Magistrates' Court on Friday.

Family of the couple, who'd been married for 40 years, said they were in disbelief at the tragic deaths.

Mr Thomas's brother, Alan, said: "We're all just totally shellshocked. We're absolutely gobsmacked."

Police outside a house in Wangaratta where two bodies were found. Picture: Rob Leeson

The dead couple's other children, who live in Queensland and Western Australia, planned to gather at Alan Thomas's Undera home.

"Nobody knows what to do. We're all dumbfounded," Mr Thomas said.

He said the last time he saw his brother was at his mother's funeral in January, when the family gathered.

Police outside a house in Wangaratta where two bodies were found. Picture: Rob Leeson

"They were a very quiet couple, kept to themselves, and when they weren't working they were inseparable.

"They would help anybody," he said.

Meredith resident Courtney Young said news of the arrest had been a shock.

"Everyone's been talking about it and we have seen the police around town," she said. "It's such a quiet kind of place normally - not something you expect to hear about."

wayne.flower@news.com.au

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Toddler's death a 'case study' for carers

THE tragic death of a North Queensland toddler while in the care of a 74-year-old foster mum should be used as a "case study" in the training of carers to prevent similar deaths, according to the coroner.

Cairns Coroner Kevin Priestly this week ruled two-year-old Luke Anthony Borusiewicz died from a severe head injury he received after striking his head while jumping on a bed as his elderly foster mother slept nearby in January 2009.

Mr Priestly, in his 18-page decision, said the toddler received the injury when he fell and banged his head against the bed frame and floor next to his sick and fatigued carer and another young foster child.

The inquest was told when the woman, identifiable only as Joy, awoke she believed Luke was asleep, but when she could not wake him a short time later, she called for an ambulance.

Luke died as a result of his injuries in the Cairns Base Hospital six days later.

In 2008, Luke was the subject of a Child Protection Order and placed in Joy's care.

Mr Priestly found there was no evidence the suggest that Joy or child protection or support agencies, including Child Safety Services, had failed to discharge their "responsibilities in managing the care and protection of Luke".

However, Mr Priestly did recommend Luke's case be used as a training guide to alert prospective carers and agency staff about the "insidious dangers'' of fatigue when caring for children.

The inquest was told Joy was feeling unwell and very fatigued on the day of Luke's fall.

"Joy had an ‘upset stomach’ that was limiting how much she could eat and drink ... (and) she had four fostered children in her care including Luke,'' he said.

"At about 11.15am, Luke had settled in his bedroom in the company of the 9-year-old foster child (and) Joy laid down on her bed for a rest. She fell asleep and slept.''

"(Luke's) fall occurred while Joy was sleep.''

Mr Priestly on Tuesday found Joy's fatigue, along with the limited consumption of food and water, reduced her ability to assess her "level of tiredness".

"The circumstances surrounding Luke’s death should be used as a case study in the training of foster carers in self awareness and the insidious nature of fatigue,'' she said.

"(It could also be used) training of Placement Support Works and Child Safety Service officers in the need for vigilance in monitoring foster care arrangements."

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Photo reveals flaws in city death wall

New photos have surfaced showing cracks in the brick wall which collapsed in Melbourne killing three people.

PHOTOGRAPHS of the deadly wall that collapsed riddled with cracks have been declared a 'shocking revelation', with calls for Worksafe to explain the inspection oversight.

Photographs obtained by the Herald Sun and taken just four months ago are now expected to form a crucial part of investigations into last week's tragedy.

Engineering experts have said the "significant" cracking would have made the wall unable to resist Thursday's strong winds.

The photographs taken on December 12 last year are the only images in the public domain that shows the condition of the wall before its collapse.

Opposition WorkCover spokesman Robin Scott said the photographs were a shocking revelation. 

"These are a shocking revelation about the tragic loss of three vibrant young lives," he said this morning.

"The evidence from the engineers states they what they believe was the cause of the accident."

Mr Scott said WorkSafe needed to explain what it did when it inspected the site in 2011.

Cracks are clearly visible in the wall. Picture: Jes Richardson

"What we need to know is why these problems were not picked up earlier and WorkSafe should give a clear explanation to the public," he said. 

"The public deserve to know."

Montmorency community to farewell Alexander and Bridget Jones

The tragedy claimed the lives of three pedestrians on Swanston St - Melbourne siblings Bridget and Alexander Jones and French woman Dr Marie-Faith Fiawoo.

Grocon knocked down the remaining sections of the wall under instruction from authorities in the hours after the incident.

WorkSafe also confirmed it had visited the Grocon building site in 2011 to monitor work practices, but could not say whether the wall was inspected.

Dr Con Adam, senior research fellow in the school of civil engineering at Monash University, said the cracks caused the wall's collapse.

Wall collapse victims Bridget and Alexander Jones and French woman Dr Marie-Faith Fiawoo.

"That picture tells us a lot about the wall. The wall as a whole was under sheer failure, this renders the wall unable to resist wind loads," he said.

"The wall, if it was designed properly should flex with the wind and go back without collapsing.

"If there is a crack in the bottom of the wall it just couldn't resist the wind load. That crack at the base of the wall was the weakest point."

Jes Richardson, 25, a self-described "urban explorer", was taking pictures of graffiti on December 12 last year when she captured the image of the graffitied Grocon wall.

She said a bluestone wall at the other end of the site near Bouverie St was propped up with metal beams.
"If that fell, it would fall on to the footpath," she said.

The Herald Sun understands investigations have now turned to the brickwork and foundations of the wall, after a wooden hoarding acting like a sail was initially blamed for the collapse.

Ms Richardson said she hoped the photographs would help the investigation into the fatal collapse.

Photographs of the wall taken four months ago reveal cracks in the lower bricks and show that the hoarding is higher than the wall. Picture: Jes Richardson

The Bureau of Meteorology confirmed that westerly winds of 102km/h were recorded at the St Kilda beacon, the nearest accurate weather station, at 2.59pm last Thursday, moments before the wall fell.

Richard Eckhaus, chairman of the Structural College of Engineers Australia, said the crack at the base of the vertical part of the brickwork, known as a pier, was a serious problem.

"There is a significant crack in the engaged pier; there's also a minor crack below," he said. "That tells you the wall is not in a good condition."

He said the wooden hoarding should have been checked by an engineer before it was approved.

A makeshift attempt had also been made to shore up a wooden section of the advertising board.

Vegetation had also grown through parts of the wall and the concrete foundation had been chipped.

WorkSafe's acting general manager of health and safety, Shane Gillard, said the authority attended the site on October 12, 2011.

The scene of the Swanston St wall collapse. Picture: Tim Carrafa

But he could not say if the wall was inspected.

"The request related to concerns over the safety of workers who were using A-frame ladders to erect the hoarding on the site and the lack of a pedestrian management system while the work was being carried out," he said.

"An inspector visited the site and confirmed that the employer had in place appropriate health and safety measures to protect its employees and the public while the work was being carried out."

stephen.drill@news.com.au

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Man denies part in Kyhesha-Lee's death

POLICE: A man police are questioning over the death of Brisbane toddler Kyhesha-Lee Joughin has undergone forensic testing in a northern NSW hospital. Picture: Adam Head Source: The Courier-Mail

A MAN police are questioning over the death of Brisbane toddler Kyhesha-Lee Joughin will spend at least the next nine months behind bars in NSW after being jailed for disqualified driving.

But the man, 44, could be brought back to Queensland if detectives charge him with more serious offences related to Kyhesha-Lee's death at Petrie over the Easter weekend.

Grafton Local Court in northern NSW was told the man left Queensland because he "wanted to distance himself" from what had happened.

"He wanted to get away from there, he doesn't trust any (police) investigation," his lawyer Greg Coombes told the court.

The man was picked up outside Grafton during an Easter traffic blitz and charged with two counts of disqualified driving as well as driving while unregistered and uninsured.

Queensland detectives travelled to Grafton to interview him over Kyhesha-Lee's death and on Tuesday obtained a court order for him to undergo forensics testing.

TRAGEDY: Toddler Kyhesha-Lee Joughin was found dead at her Petrie home.

Handcuffed, barefoot and wearing a white forensics jumpsuit, he underwent the testing at Grafton Base Hospital on Tuesday morning before facing court where he pleaded guilty to all the traffic charges.

Mr Coombes told the court the man wanted to get away from Queensland and was driving to Grafton to catch a train to visit his sick sister in Newcastle when he was picked up.

"There was an incident in Queensland that he wanted to play no role in," the lawyer said.

Magistrate David Heilpern noted that the man had previously been jailed for disqualified driving.

"Whatever happened in Queensland, there's no reason for you to be driving," Mr Heilpern told the man.

"There are other ways of getting from point A to point B that are completely lawful - buses, trains, hitch-hiking or whatever."

Mr Heilpern jailed the man for 12 months but ordered he be eligible for parole on December 30.

Outside court, Mr Coombes said his client denied any involvement in Kyhesha-Lee's death.

"He's in custody in relation to totally unrelated matters (and) we certainly haven't seen any evidence strong enough to suggest that charges (relating to Kyhesha-Lee's death) could or should be laid," he said.

"At the moment we're just dealing with the driving offences - that's what he was sentenced for.

"Everyone can do all the investigating and interviewing they like but at the moment, we're shadow boxing and there's no fight to be had."

Mr Coombes said he had advised his client not to speak further with Queensland detectives  "unless some more allegations and evidence come forward".

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Airline sorry for James Dean's death

A photo of pet cat James Dean, who was killed after being run over by a vehicle when he escaped his pet carrier cage ahead of a Jet Airways flight in New Delhi. Picture: Supplied Source: Supplied

INDIA'S Jet Airways has voiced "sincere regret" and offered a lengthy public apology to the owner of a pet cat that was run over before boarding a flight from New Delhi to Singapore.

The airline posted a contrite statement of more than 1000 words on Facebook, explaining the circumstances around the "sad and tragic demise" of the cat called James Dean and promising a review of the airline's handling of animals.

The cat and its owner were to take a flight on Saturday, but James Dean leapt onto the tarmac and was run over by a vehicle before being loaded on to the plane.

The airline "minutely scrutinised and retraced the entire sequence of events" to ascertain the cause of the incident, according to the statement posted on Wednesday.

After going though closed-circuit camera footage, the airline "inferred that the pet forced itself out of the container by pushing the wire mesh and thereby creating a gap for it to come free".

"By the time our teams arrived at the accident site, the pet had passed away," said the airline, which added that it is trying to contact the owner personally to express its sorrow.

The distraught owner, who cancelled her flight, wanted to be taken to the accident site but security restrictions meant she had to make do with CCTV footage of the entire incident, the statement said.

"We wish to assure all our guests and animal lovers, that we have always benchmarked processes with international best practices and follow global handling procedures," said the airline.

"The demise of James Dean is indeed sad and tragic."
 

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Airline sorry for James Dean's death

A photo of pet cat James Dean, who was killed after being run over by a vehicle when he escaped his pet carrier cage ahead of a Jet Airways flight in New Delhi. Picture: Supplied Source: Supplied

INDIA'S Jet Airways has voiced "sincere regret" and offered a lengthy public apology to the owner of a pet cat that was run over before boarding a flight from New Delhi to Singapore.

The airline posted a contrite statement of more than 1000 words on Facebook, explaining the circumstances around the "sad and tragic demise" of the cat called James Dean and promising a review of the airline's handling of animals.

The cat and its owner were to take a flight on Saturday, but James Dean leapt onto the tarmac and was run over by a vehicle before being loaded on to the plane.

The airline "minutely scrutinised and retraced the entire sequence of events" to ascertain the cause of the incident, according to the statement posted on Wednesday.

After going though closed-circuit camera footage, the airline "inferred that the pet forced itself out of the container by pushing the wire mesh and thereby creating a gap for it to come free".

"By the time our teams arrived at the accident site, the pet had passed away," said the airline, which added that it is trying to contact the owner personally to express its sorrow.

The distraught owner, who cancelled her flight, wanted to be taken to the accident site but security restrictions meant she had to make do with CCTV footage of the entire incident, the statement said.

"We wish to assure all our guests and animal lovers, that we have always benchmarked processes with international best practices and follow global handling procedures," said the airline.

"The demise of James Dean is indeed sad and tragic."
 

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Slap on the wrist for teen's death dealer

Willy Tempelmeier was given a one-year intensive correction order after pleading guilty to providing a dangerous drug to a minor, who later died. Source: Supplied

A MAN who supplied a morphine-filled syringe to a minor - who later died from an overdose - has been handed a one year jail term to be served within the community.

The Brisbane Supreme Court was told Willy Eric Tempelmeier had originally been charged with unlawfully killing the teenager, but that charge was discontinued after a judge ruled he had no case to answer on Friday.

The court was told Tempelmeier provided the minor - aged 17-years and one month - with morphine after the teenager repeatedly hounded him to supply him with the drug - even offering him $50 for one 100mg tablet.

Prosecutor Glen Cash said Tempelmeier eventually relented and provided the teen with one of two syringes filled with a liquid - referred to as a "Grey Nurse" - containing a crushed morphine tablet.

One witness, the Crown said, heard the teen ask Tempelmeier "is this mine" before taking a drug filled syringe.

The witness said Tempelmeier replied: "Yeah, go hard."

Mr Cash said the teen injected himself with the drugs after 5.30pm on May 28, 2010, at Acacia Ridge, on Brisbane's southside, and was found dead from "morphine toxicity" the following day.

Tempelmeier, 40, was sentenced to a one year intensive correction order - a jail term served within the community - after pleading guilty on Monday to one court of providing a dangerous drug to a minor.

The court was told Tempelmeier had a lengthy criminal history, mainly for substance abuse, and suffered a serious back injury when he drove his car into a house whilst extremely drunk in 2009.

Mr Cash said Tempelmeier had been released from prison and was on parole when he supplied the teen with the morphine injection.

He said a post-mortem showed the teen, although having died from a morphine overdose, had consumed other drugs such as marijuana, toxic glue, alcohol and benzodiaepines.

Barrister Don MacKenzie, for Tempelmeier, said his client had been legally prescribed the morphine to help manage severe back pain.

Mr MacKenzie said his client had been subjected to threats and verbal abuse by the teenager's family.

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US groundhog faces death penalty

Groundhog Punxsutawney Phil climbs on the top hat of his handler. Source: AFP

AMERICA'S most famous groundhog might want to go back into hibernation.

Punxsutawney Phil is facing a "criminal indictment" for falsely predicting an early spring. Tradition has it that winter will end quickly if the rodent sees his shadow after emerging from his western Pennsylvania lair on February 2, an annual ceremony that dates back to the 19th century and was immortalised in the Bill Murray movie Groundhog Day.

Phil saw his shadow this year, but his prediction was dead wrong.

Spring arrived on Wednesday, and temperatures are still hovering around 20 degrees Fahrenheit (-1C) in much of the northeast.

Shivering Americans are vilifying Punxsutawney Phil on social media and one prosecutor in Ohio is even filing charges.

"Punxsutawney Phil did purposely, and with prior calculation and design, cause the people to believe that spring would come early," Mike Gmoser, the prosecutor in southwestern Ohio's Butler County, wrote in an official-looking indictment.

Gmoser wrote that Punxsutawney Phil is charged with misrepresentation of spring, which constitutes a felony "against the peace and dignity of the state of Ohio".

The penalty Phil faces?

Death, Gmoser said, tongue firmly in cheek.

That's "very harsh", given the nature of the allegations, said Bill Deeley, president of the Punxsutawney club that organises Groundhog Day.

Deeley said the backlash has raised fears for Punxsutawney Phil's safety and special security precautions are in place around his home, Gobbler's Knob.

"Right next to where Phil stays is the police station," he said.

"They've been notified and they said they will keep watching their monitors."

The chubby-cheeked animal also has his defenders. "Phree Phil!" declared one supporter on his Facebook page. "We're with you, Phil," wrote another.

As for spring, there's no relief in sight from the wintry conditions. A storm moving into the region on Sunday could bring up to 20cm of snow, said Don Hughes, a meteorologist with the National Weather Service in Wilmington, Ohio.

The frigid temperatures and snow might be particularly hard to swallow after last spring, when the US saw the warmest March in recorded history.

Hughes said this spring isn't nearly the coldest on record but that the area is about five degrees below normal.

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US groundhog faces death penalty

Groundhog Punxsutawney Phil climbs on the top hat of his handler. Source: AFP

AMERICA'S most famous groundhog might want to go back into hibernation.

Punxsutawney Phil is facing a "criminal indictment" for falsely predicting an early spring. Tradition has it that winter will end quickly if the rodent sees his shadow after emerging from his western Pennsylvania lair on February 2, an annual ceremony that dates back to the 19th century and was immortalised in the Bill Murray movie Groundhog Day.

Phil saw his shadow this year, but his prediction was dead wrong.

Spring arrived on Wednesday, and temperatures are still hovering around 20 degrees Fahrenheit (-1C) in much of the northeast.

Shivering Americans are vilifying Punxsutawney Phil on social media and one prosecutor in Ohio is even filing charges.

"Punxsutawney Phil did purposely, and with prior calculation and design, cause the people to believe that spring would come early," Mike Gmoser, the prosecutor in southwestern Ohio's Butler County, wrote in an official-looking indictment.

Gmoser wrote that Punxsutawney Phil is charged with misrepresentation of spring, which constitutes a felony "against the peace and dignity of the state of Ohio".

The penalty Phil faces?

Death, Gmoser said, tongue firmly in cheek.

That's "very harsh", given the nature of the allegations, said Bill Deeley, president of the Punxsutawney club that organises Groundhog Day.

Deeley said the backlash has raised fears for Punxsutawney Phil's safety and special security precautions are in place around his home, Gobbler's Knob.

"Right next to where Phil stays is the police station," he said.

"They've been notified and they said they will keep watching their monitors."

The chubby-cheeked animal also has his defenders. "Phree Phil!" declared one supporter on his Facebook page. "We're with you, Phil," wrote another.

As for spring, there's no relief in sight from the wintry conditions. A storm moving into the region on Sunday could bring up to 20cm of snow, said Don Hughes, a meteorologist with the National Weather Service in Wilmington, Ohio.

The frigid temperatures and snow might be particularly hard to swallow after last spring, when the US saw the warmest March in recorded history.

Hughes said this spring isn't nearly the coldest on record but that the area is about five degrees below normal.

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Ex-soldier cleared over mate's death

Former Australian Army soldier Anthony Brandt outside the County Court. Picture: Jake Nowakowski Source: Herald Sun

A FORMER Australian solider has been found not guilty of killing a mate while skylarking in an 11-tonne armoured vehicle during a training exercise.

Anthony Brandt, 28, was on trial in the County Court in Melbourne, charged with dangerous driving causing death over the incident that killed Pte David Jon Smith.

Pte Smith died after the armoured personnel carrier he was in with Mr Brandt rolled during a training exercise at Puckapunyal military camp in June 2009.

Pte Smith had previously served in both Iraq and Afghanistan.

During the trial the jury was told the vehicle was being driven by Mr Brandt, who was taking orders from Pte Smith, who was commanding from the turret.

The pair were engaged in a training exercise with another vehicle at the time.

Prosecutor Christopher Dane, QC, told the court the vehicle rolled after Mr Brandt had performed a manoeuvre not in line with the training exercise.

"(Mr Brandt) executed the act too fast. He caused the vehicle to roll over and caused the death of a man,'' Mr Dane said.

But John Dickinson, SC, had argued that as the driver, Mr Brandt was obliged to take orders from the vehicle commander, who was responsible for navigating the vehicle.

Mr Dickinson said the officers had performed the manoeuvre in line with expectations they continually work to improve their vehicle handling expertise.

The jury took less than a day to reach a verdict.

It was the second trial for Mr Brandt after a jury in an earlier trial was discharged.

shannon.deery@news.com.au

 

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Young man stabbed to death in street

Melbourne police say a young man, who was found stabbed and died at the scene, was 21-year-old Werribee man.

Forensic police investigate after a body was found in Fitzroy. Picture: Jake Nowakowski Source: Herald Sun

Police establish a crime scene after a body was found in Johnston St, Fitzroy. Picture: Jake Nowakowski Source: Herald Sun

Police establish a crime scene after a body was found in Johnston St, Fitzroy. Picture: Jake Nowakowski Source: Herald Sun

Forensic police investigate after a body was found in Fitzroy. Picture: Jake Nowakowski

POLICE are still hunting a brazen killer who stabbed a 21-year-old man to death yesterday morning.

The Werribee man was stabbed "multiple times" in the inner Melbourne suburb of Fitzroy about 5am.

Det-Sgt Allan Birch said CCTV footage from local businesses would be used to help find the attacker.

"It appears the deceased male has suffered a number of stabbing injuries," Mr Birch said.

"The difficulty faced by us at this stage is we don't know what happened.

"We don't know who was involved and we don't know exactly how the injuries were inflicted. Because of that our investigation is extremely wide."

Det-Sgt Birch said the victim was wearing "general street clothes" of shoes, jeans and a shirt.

He said a council worker stumbled across the young victim in a "distressed" state, approached him then saw him collapse at 5am.

"Unfortunately when the ambulance arrived very shortly after the young man could not be revived."

Det-Sgt Birch said no weapons had been found but added there were "potential weapons in laneways all around" Fitzroy.

Anyone with information is urged to contact Crime Stoppers on 1800 333 000.

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