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UK Supreme Court makes major ruling on definition of "woman"

<p>In a landmark ruling that has stirred celebration and concern in equal measure, the UK Supreme Court has unanimously ruled that the legal definition of "woman" refers exclusively to someone born biologically female.</p> <p>The decision effectively excludes transgender women from being counted as women under the Equality Act, marking a decisive turn in a years-long legal battle over gender identity and women's rights in Scotland.</p> <p>The case, brought by the feminist campaign group For Women Scotland (FWS), challenged guidance issued by the Scottish government that included transgender women with gender recognition certificates in official gender quotas. The ruling has been hailed as a victory by women's rights advocates who argued that expanding the definition undermined protections for biologically female people.</p> <p>“Everyone knows what sex is and you can't change it,” said Susan Smith, co-director of FWS, celebrating the court’s decision outside the courthouse. “It’s basic common sense. People have tried to deny science and reality. Hopefully, this now brings us back to reality.”</p> <p>The Supreme Court’s five justices ruled unanimously that the Equality Act permits single-sex spaces – such as women-only changing rooms, shelters, and medical services – to exclude transgender women, even those who hold gender recognition certificates.</p> <p>In his written opinion, Justice Patrick Hodge said that the ruling does not strip transgender people of their broader protections under UK law but rather clarifies the scope of “sex” in certain legal contexts. “Interpreting ‘sex’ as certificated sex would cut across the definitions of ‘man’ and ‘woman’… and create heterogeneous groupings,” he wrote.</p> <p>The dispute originated from a 2018 Scottish law requiring that at least 50% of board members of public bodies be women. The inclusion of trans women in this target was central to the legal challenge, with FWS arguing that such a move effectively redefined the concept of womanhood without parliamentary authority.</p> <p>Aidan O’Neill, legal counsel for FWS, told the court that “sex” should be interpreted in the “ordinary, everyday” sense, based on biology from birth. “It is an expression of one’s bodily reality,” he said. “An immutable biological state.”</p> <p>The ruling has sparked celebration among gender-critical activists. Outside court, campaigners from several women’s groups opened champagne and chanted, “Women’s rights are human rights.”</p> <p>Maya Forstater, founder of the advocacy group Sex Matters, said: “The court has given us the right answer: the protected characteristic of sex refers to reality, not paperwork.”</p> <p>Author JK Rowling, a vocal supporter of FWS, praised the campaigners as “extraordinary” and “tenacious.” In a post on X, she said, “In winning, they've protected the rights of women and girls across the UK.”</p> <p>However, the judgment has drawn sharp criticism from trans rights organisations and human rights advocates. The campaign group Scottish Trans said it was “shocked and disappointed,” warning that the ruling risks eroding legal protections for trans people.</p> <p>Green Party Member of the Scottish Parliament Maggie Chapman called the decision “deeply concerning” and a “huge blow to some of the most marginalised people in our society.”</p> <p>“Trans people have been cynically targeted and demonised by politicians and large parts of the media for far too long,” Chapman said. “This has contributed to attacks on longstanding rights and attempts to erase their existence altogether.”</p> <p>Amnesty International also condemned the ruling, arguing that it clashes with broader human rights standards. “A blanket policy of barring trans women from single-sex services is not a proportionate means to achieve a legitimate aim,” the organisation stated.</p> <p>The UK government welcomed the Supreme Court's clarification, stating, “Single-sex spaces are protected in law and will always be protected by this government.”</p> <p>Scotland’s semi-autonomous government, which initially defended the inclusion of trans women in public board quotas, said it accepted the court's decision. “We will now engage on the implications of the ruling,” said First Minister John Swinney. “Protecting the rights of all will underpin our actions.”</p> <p>The ruling is expected to have wide-reaching implications for public policy, equalities law, and gender identity debates across the UK – a country increasingly at the centre of a global reckoning on the boundaries of sex, gender and rights.</p> <p><em>Images: For Women Scotland</em></p>

Legal

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Acquapole lands in Sydney - Because fitness should never be dry! 

<p>Sydney Gymnastic and Aquatic Centre (SGAC) at West HQ is redefining workouts with the launch of Acquapole, an exciting aquatic fitness experience making its splashy debut in Sydney this February.  </p> <p>Forget the monotony of the gym or swimming laps – Acquapole combines the resistance of water with the strength-building benefits of pole fitness for a workout that’s effective, accessible and a whole lot of fun. </p> <p>Brad Vella, Aquatics Manager at SGAC, said Acquapole, which was designed in Italy, has proven to be a big hit in Europe given its ability to build strength, improve flexibility, and enhance coordination while being gentle on joints. </p> <p>“It’s a workout like no other, combining the strength-building benefits of pole fitness with the natural resistance of water for a full-body experience that’s as enjoyable as it is effective,” Brad Vella said. </p> <p>“It’s perfect for anyone looking to try something new, from seasoned fitness lovers to those just starting their wellness journey. </p> <p>“Acquapole brings a fresh and exciting approach to fitness for both enthusiasts and beginners. This is exactly what SGAC is all about—making fitness accessible and enjoyable for everyone.” </p> <p>The introduction of Acquapole is part of West HQ’s larger mission to bring cutting-edge fitness experiences to Greater Sydney. Acquapole is one of four innovative aquatic fitness programs now available at SGAC, alongside Acquapole Boxing, Acquapole Elastics, and SAF AQUA Drums Vibes, each offering a unique and engaging way to work out in the water. </p> <p>West HQ CEO, Richard Errington, said SGAC was committed to redefining fitness to ensure its programs continue to be to be relevant, enjoyable and dynamic.   </p> <p>“That’s why both SGAC and our One55 fitness centre continually evolve programs to make working out more rewarding by bringing fresh experiences to our members and the local community in Western Sydney,” Mr Errington said.   </p> <p>“SGAC’s Acquapole is a perfect example of how we evolve fitness  as it combines fun and innovation in a new work out experience.” </p> <p>By combining world-class fitness options with exceptional dining and entertainment, West HQ is continuously enhancing what it means to be an all-encompassing lifestyle destination in Western Sydney. </p> <p> Why Everyone’s Talking About Acquapole: </p> <ul> <li>It’s Fun: Say goodbye to dull workouts and hello to a 45 minute splash of excitement. </li> <li>It’s Low-Impact: Perfect for those looking to stay active without stressing their joints. </li> <li>It’s Inclusive: Whether you’re a fitness pro, a beginner, or somewhere in between, Acquapole welcomes you.</li> </ul> <p><em>Image credits: Supplied </em></p>

Body

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"Absolutely cooked": Old Sydney home sold for over $4.1 million

<p>A one-storey red brick home in Lane Cove, Sydney has sold for a whopping $4,165,000 at an auction on Saturday. </p> <p>The home, which boasts two bathrooms, a backyard, four bedrooms and a “traditional kitchen” has sold for more than $600,000 over reserve, despite being built between the 1920s-1950s and needing renovation. </p> <p>The home was snapped up by a British family after a fierce bidding war with six other registered buyers. </p> <p>“The people who purchased it were the opening bid. (The bidders) were actively bidding into the high threes, and two of them pushed it above the four mark,” said Sam Lloyd from McGrath Estate Agents.</p> <p>“As far as we know, they will definitely do some work to it to make it their family home.”</p> <p>Lloyd added that there was was “plenty of interest” in the 695 sqm property, with its prime location near the suburb's retail and restaurant precinct. </p> <p>The selling agent said that both himself and the owner were “surprised” by the high price of the property – which had a reserve of $3.5 million.</p> <p>“It was definitely above our expectations” he said.</p> <p>According to Domain, the median house price for a four bedroom home in Lane Cove is $3.505 million. </p> <p>Many expressed their outrage over the "crazy" price online, with freelancer chief executive Matt Barrie saying: “Sydney house prices rapidly approaching $5m. Absolutely cooked."</p> <p>“$4 million for the house, plus another $2-3 million to demolish and rebuild. The reality of living in Australia where even the top one per cent income earners face significant costs for home ownership,” another added. </p> <p>“Our economy is out of control, what a ridiculous price for an average house,” a third wrote.</p> <p>“That’s some crazy pricing! I hear Adelaide is lovely this time of year …” a fourth commented. </p> <p><em>Image: Domain</em></p>

Money & Banking

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"This ruined my life": Mum still seeking justice after horror e-bike crash

<p>Sarah was crossing on George Street in Sydney's CBD on February 2023 when she was brutally struck by a Lime e-bike rider. At the time of the accident, she was three months pregnant. </p> <p>Speaking to <em>Yahoo News</em>, Sarah explained she had been crossing the street when she heard someone yell "look out!" but before she could react, she was knocked down by the speeding vehicle. </p> <p>She claims that the bike user was illegally riding with a companion on the handle bars at the time, and fled the scene when she cried out "my baby!" </p> <p>Fortunately, Sarah's unborn daughter was unharmed during the incident, but she was left with lifelong injuries. </p> <p>"My foot was crushed, I had dislocations and many broken bones, and I needed 21 screws, two plates and two pins," Sarah said. </p> <p> "As a result of the injury, the skin on my foot began to die with fracture blisters, so I needed skin grafts as well.</p> <p>"I required six surgeries on my foot in total. One on my elbow, which was broken. One big plate and seven screws. Six weeks of non-weight bearing on my arm, and much longer on my foot. Around 12 weeks plus altogether."</p> <p>It took the mum six months after the accident to be able to walk again - three weeks before she gave birth. </p> <p>"The pain was unbelievable," she recalled. </p> <p>"The trauma was unbelievable. It was all just horrible, horrendous. It really was." </p> <p>Her family tried to seek compensation from Lime, but they deflected any blame saying that they would only take responsibility if the accident was caused by a faulty Lime bike, but not reckless riding. </p> <p>Since Lime e-bikes are rented by individuals, liability typically falls on the rider, not the company, they argued.</p> <p>The family's solicitor had also obtained CCTV footage of the incident, and had tried to get police to follow up but have been hit with multiple roadblocks since. </p> <p>"The police had their name, addresses, mobile and photos. [But] they only called one time, and went to the house one time. That's it. A high commissioner rang me to apologise, but then they still did nothing."</p> <p>Now, Sarah and her family are calling for the total ban of e-bikes in Australia. </p> <p>"They should be banned," Sarah said. "The government and Lime have just let loose motorised vehicles that can hurt riders and pedestrians, and have not covered anyone but themselves.</p> <p>"There is no policing how fast they are going. This ruined my body, my life and my first pregnancy. And nobody has been held accountable."</p> <p>While Sarah's baby was unharmed in the accident, nine months after her birth, the baby girl "was found to have tetralogy of Fallot" — a rare but serious heart defect that affects how blood flows through the heart.</p> <p>"She needed open heart surgery and will need it every 10 years. My injuries made everything a lot harder. But hopefully I can change things," Sarah said.</p> <p>"I'm certainly scarred for life."</p> <p><em>Image: Yahoo News</em></p>

Legal

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Sam Kerr's partner takes the stand in harassment trial

<p>Sam Kerr's fiancé has given evidence in support of her partner during a <a href="https://oversixty.com.au/finance/legal/sam-kerr-s-defence-in-harassment-trial-revealed" target="_blank" rel="noopener">harassment trial</a> in London, as the "deeply offensive" insult Kerr threw at a taxi driver was revealed. </p> <p>The Matildas striker has been accused of calling UK police officer Stephen Lovell “stupid and white” as he attempted to defuse a dispute over a taxi fare in southwest London on January 30th 2023.</p> <p>The all-time leading Australian international scorer has pleaded not guilty to the racially aggravated harassment of a police officer.</p> <p>It has been alleged that the incident began when Kerr and Mewis had been out drinking when they were picked up by a taxi who refused to take them home, instead driving them to Twickenham Police Station after one of them was sick. </p> <p>The taxi driver alleged that the women refused to pay a clean up cost and smashed the vehicle's rear window, as Kerr previously stated that the couple thought they were being kidnapped. </p> <p>Speaking from the witness stand on Thursday, Mewis, who is expecting a baby with Kerr, broke down in tears as she recalled, “It was like nothing I’ve experienced. I’ve never driven a car that fast before. I immediately felt fear for my life.</p> <p>“I felt out of control and like someone else had control over me and that was obviously very scary... I didn’t know if it was a kidnapping or if we were going to crash."</p> <p>“All of the horrible things you think about in your head; I didn’t know if that was going to happen.”</p> <p>During cross-examination, prosecutors asked Mewis if she knew the taxi driver had claimed he was taking the pair to Twickenham Police Station after phoning emergency services about them.</p> <p>She responded “no” and added: “I don’t know why you would drive that recklessly if you were taking us to a police station ... why was he driving crazy? I don’t understand that part.”</p> <p>During the fourth day of the trial, Kerr was asked by prosecutor William Emlyn Jones if she was “someone who uses a lot of bad language or swears a lot?”</p> <p>Kerr said “no” but was then asked if she remembered referring to the taxi driver as a “dodgy c***”.</p> <p>“That’s a deeply abusive term, isn’t it?” the prosecutor said, to which Kerr responded, “ Yes, you could say so.”</p> <p>Kerr previously said the pair were “trapped” in the back of the taxi and that they had tried to open the doors and windows multiple times but they remained locked.</p> <p>She also claimed “Everything was going through my mind about being in a car with a stranger I deemed to be dangerous. There was no reasoning with him. It was his way or nothing.”</p> <p>Kerr's defence counsel then asked Mewis about how they were treated when they arrived at the police station, as she recalled “PC Lovell was immediately dismissive. He wasn’t believing what we were saying."</p> <p>“We were saying we had been taken against our will, we couldn’t get out and (the driver) was driving like crazy ... he was dismissive in a way in which he didn’t want it to be true."</p> <div> </div> <p>“In my opinion, (the police) were trying to change the story and make it into something it wasn’t."</p> <p>“It felt a little bit like gaslighting ... the story (they) repeated back was different or they were manipulating it back onto us.”</p> <p>The West Ham midfielder also said Kerr was “speaking her truth” when she called a police officer “stupid and white”, to which she clarified, “I think that in her moment she was speaking her truth in how she was feeling. Subconsciously she felt that she was being treated differently. I’ve seen Sam be treated differently.”</p> <p>Asked if she noticed a difference between the way police treated her and Kerr, Mewis said: “Yes. PC Lovell was more snide and shorter with Sam. He didn’t believe what she was saying and (was) dismissive with her.”</p> <p><em>Image credits: SplashNews.com/ANDY RAIN/EPA-EFE/Shutterstock Editorial</em></p>

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Man who worked on Harbour Bridge climbs iconic landmark

<p>An elderly man who worked on the Sydney Harbour Bridge 60 years ago has returned to Australia to climb the iconic landmark. </p> <p>Irishman Patrick Lonergan, 82, was part of a team of men who painted the Harbour Bridge in the 1960s as part of its yearly maintenance. </p> <p>Lonergan then returned to his native Ireland after his work in Sydney and has dreamed of returning ever since. </p> <p>Now in his 80s, the Sydney Bridge Climb official Instagram page has shared that Patrick has ticked off his bucket list dream of climbing the Harbour Bridge. </p> <p>"We’re honoured to have played a small role in helping him relive those special memories and capture a new photo on the Bridge," the account wrote. </p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/DE4XDIMvCgm/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/DE4XDIMvCgm/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by BridgeClimb Sydney (@bridgeclimb)</a></p> </div> </blockquote> <p>The Instagram page then shared a photo of Patrick from when he was in his 20s standing atop the bridge when he was enlisted to paint, and also a photo snapped after he completed his climb. </p> <p>The post racked up thousands of likes, with dozens of comments praising Patrick's efforts for completing the climb. </p> <p>One person wrote, "Blimey!!! No OH&S precautions back in those days! Welcome back to Oz, Paddy," while another added, "What a fantastic story. Well done Patrick!"</p> <p><em>Image credits: Instagram - Bridge Climb</em></p>

International Travel

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Tennis fans praise Jelena Dokic's on-court interviews

<p>Jelena Dokic has received praise from tennis fans for her on-court interview with Aryna  Sabalenka on Thursday night at the Australian Open. </p> <p>Sabalenka beat her friend Paula Badosa 6-4 6-2, and will face Madison Keys in the final on Saturday.</p> <p>Dokic was chosen to conduct the on-court interview with Sabalenka.</p> <p>While previous on-court interviews had been criticised for being too <a href="https://www.oversixty.com.au/entertainment/tv/another-ao-competitor-calls-out-disrespectful-commentators" target="_blank" rel="noopener">personal</a>, Dokic's interview focused on the matches and performances of the athletes, even sharing a funny moment with Sabalenka which won widespread praise from tennis fans and journalists alike.</p> <p>"Not sure I'm raising anything that most don't know but Jelena Dokic is an excellent media performer," Journalist Daniel Garb wrote on X.</p> <p>"Very good analyst, asks the right questions and all with a lovely demeanour."</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Aryna Sabalenka after beating Paula Badosa to reach Australian Open Final:</p> <p>“I hope she’s still my friend… I promise Paula we will go shopping and I’ll pay for whatever you want” 😂😂😂</p> <p><a href="https://t.co/UKtzOlG53j">pic.twitter.com/UKtzOlG53j</a></p> <p>— The Tennis Letter (@TheTennisLetter) <a href="https://twitter.com/TheTennisLetter/status/1882372566083662249?ref_src=twsrc%5Etfw">January 23, 2025</a></p></blockquote> <p>"Jelena Dokic is definitely the best choice for these on court interviews," wrote one tennis fan. </p> <p>"There has been much talk about commentators and interviewers at the Aus Open. Rightly so. Some have been woeful. However, there hasn’t been enough talk about Jelena Dokic. She’s an excellent media talent and a brilliant tennis analyst. Far superior to many with far greater experience," commented another.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Jelena Dokic is definitely the best choice for these on court interviews</p> <p>— SyLpatyczna SyLwia (@sylpatica) <a href="https://twitter.com/sylpatica/status/1882373064496988280?ref_src=twsrc%5Etfw">January 23, 2025</a></p></blockquote> <p>"I think we just need Jim Courier and Jelena Dokic as the post-match interviewer from now on," added a third.  </p> <p><em>Image: X</em></p>

TV

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Ray Martin cashes in after selling luxury Sydney home

<p>Ray Martin has made a whopping $7.1 million after selling the family home he has owned on Sydney's north shore for thirty-five years.</p> <p>The veteran journalist sold the five-bedroom, three-bathroom mansion in the suburb of Waverton for a reported $8 million, after Martin and his wife Dianne bought the luxurious 1930s-era house in 1990 for $900,000.</p> <p>The beautiful home, known as Finisterre, sold for between $8 million and $8.5 million after being listed on January 1st, according to reports from <em><a href="https://www.realestate.com.au/news/ray-martins-8m-home-sale-bonanza/" target="_blank" rel="nofollow noreferrer noopener">The Daily Telegraph</a></em>.</p> <p>Located just 5km from the Sydney CBD, the gorgeous two-storey home features classic period stylings and luxurious interiors.</p> <p>The stunning home boasts impressive features such as grand scale living areas, a beautiful patio for entertaining and a glass-framed mosaic-tiled pool, while a chef's kitchen features the latest appliances and a breakfast island.</p> <p>Other highlights include a 'formal' living room, a separate family room, a home office and an open-plan dining area that opens out to the backyard and patio.</p> <p>The upper level offers a large open terrace which features views of Sydney Harbour and the city skyline.</p> <p>Other luxury features on the estate also include a wine cellar, a second-floor study and landscaped gardens.</p> <p><em>Image credits: SBS / McGrath Real Estate</em> </p>

Money & Banking

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"Baseless": Alan Jones unleashes outside court

<p>Alan Jones has broken his silence outside court as he prepares to fight historical abuse allegations after being slapped with 34 charges. </p> <p>The former 2GB radio host appeared before Judge Michael Allen at Sydney’s Downing Centre Local Court on Wednesday, as his high-profile solicitor, Bryan Wrench, entered pleas of not guilty to 34 charges relating to 10 alleged victims on Jones' behalf. </p> <p>As Jones left the courthouse, he delivered a statement to the media, saying the allegations against him are “either baseless or distort the truth”. </p> <p>“Firstly, let me say this: I am certainly not guilty and I will be presenting my account to a jury, as you heard this morning,” he said.</p> <p>“I will not be engaging in a running commentary in the media, but I want you to understand this: these allegations are either baseless or distort the truth.”</p> <p>He claimed prior to his arrest he was given “no opportunity by police” to answer to the allegations. </p> <p>“I have never indecently assaulted these people,” he said.</p> <p>“The law assumes I am not guilty, and I am not guilty. I am emphatic that I’ll be defending every charge before a jury in due course.”</p> <p>Inside the courtroom, Mr Wrench told the court that his client welcomed the prospect of the matters being determined by a jury.</p> <p>“He seeks to have these matters determined by the public... Mr Jones looks forward to clearing his name in this matter,” he said. </p> <p>Mr Jones is facing 26 <a href="https://www.oversixty.com.au/finance/legal/alan-jones-hit-with-24-charges-of-indecent-assault" target="_blank" rel="noopener">charges</a>, including committing an aggravated indecent act and sexually touching a person without consent, in relation to nine complainants. It is alleged the incidents occurred between 2001 and 2019. </p> <p>On Wednesday he was hit with eight fresh charges of assault with an act of indecency, bringing the total number of charges to 34.</p> <p><em>Image credits: DEAN LEWINS/EPA-EFE/Shutterstock Editorial</em></p>

Legal

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Alan Jones once seemed unassailable. What ended it was a peculiarly Sydney story of media, politics and power

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/denis-muller-1865">Denis Muller</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p>For decades it seemed Alan Jones was unassailable.</p> <p>A finding against him of professional misconduct by the Australian Broadcasting Authority (2000); a <a href="https://www.smh.com.au/entertainment/tv-and-radio/tribunal-upholds-that-jones-incited-hatred-20121002-26x8h.html">finding</a> that he incited hatred, serious contempt and severe ridicule of Lebanese Muslims (2009); propositions of violence against two women prime ministers (<a href="https://www.abc.net.au/news/2011-10-20/alan-jones-says-gillard-remark-best-left-unsaid/3579658">2011</a> and <a href="https://www.abc.net.au/news/2020-05-21/alan-jones-breached-rules-in-jacinda-ardern-comment/12271476">2019</a>); verdicts against him and his employer amounting to millions of dollars in defamation actions (most notably <a href="https://www.abc.net.au/news/2018-09-12/alan-jones-defamed-wagners-court-decision-brisbane-qld/10230384">one for $3.75 million</a> in 2018): none of these ended his career.</p> <p>Quite the reverse. Only weeks after the Australian Broadcasting Authority found in its “cash for comments” inquiry that Jones and others had misled their listeners by presenting paid endorsements as editorial opinion, he was hosting an event for then prime minister John Howard.</p> <p>Howard was to become a fixture on the Jones program throughout the 11 years of his prime ministership.</p> <p>The day after the Australian Communications and Media Authority found Jones was likely to have encouraged violence and vilification of Australians of Lebanese and Middle Eastern background, Howard <a href="https://www.theage.com.au/national/jones-wins-friends-in-high-places-20070412-ge4n4f.html">described him</a> as “an outstanding broadcaster”. “I don’t think he’s a person who encourages prejudice in the Australian community, not for one moment, but he is a person who articulates what a lot of people think.”</p> <p>By 2001, Jones had become a kind of on-air policy-maker for the New South Wales government. In November that year, he dined with the then Labor premier, Bob Carr. They discussed a range of government policies, particularly policing. At that time, Jones was a relentless critic of the NSW police.</p> <p>The following week, <a href="https://www.abc.net.au/news/2012-10-01/newton-alan-jones/4288824">Carr dispatched</a> his police minister-designate, Michael Costa, to Jones’s home to discuss policing policy.</p> <p>In 2011 he said Julia Gillard, then Australia’s prime minister, should be taken out to sea and dumped in a chaff bag. In August 2019 he said Scott Morrison, who was then Australia’s prime minister, should “shove a sock” down the throat of his New Zealand counterpart Jacinda Ardern.</p> <p>He was an outspoken climate-change denier, and these grotesqueries were part of his campaign against political recognition of this reality.</p> <figure><iframe src="https://www.youtube.com/embed/Od6I1YbrBoM?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>Jones’s power, which made him so apparently untouchable, came from his weaponising of the microphone for conservative political ends in ways that resonated with his vast and rusted-on audience of largely working-class older people across Sydney’s sprawling western suburbs.</p> <p>These suburbs contain many marginal state and federal electorates where the fates of governments can be decided. Their populations provide fertile ground for seeding by right-wing radio shock jocks, of whom Jones and his rival John Laws were pre-eminent examples.</p> <p>In Australia, this is a peculiarly Sydney phenomenon. It is not seen to the same degree in any other capital city, even though they too have large areas of socioeconomic disadvantage like western Sydney.</p> <p>Why that should be so is a complex question, but there are aspects of Sydney life that mark it out as different. It is really two cities. One is the largely prosperous and scenically dazzling east and north. The other, much larger, consists of dreary tracts of increasingly crowded housing stretching for many kilometres to the west and southwest.</p> <p>In Sydney argot, the inhabitants of these respective worlds are called “silvertails” and “fibros”, the latter referring to the cladding of the homes that proliferated in western Sydney between and after the two world wars.</p> <p>This two-cities effect makes the gap between the “haves” and the “have-nots” highly visible in a way that has no parallel in other Australian capitals. It engenders deep-seated grievance and cynicism, which the likes of Jones, who lives in a multimillion-dollar apartment on Circular Quay, have relentlessly exploited.</p> <p>Jones coined the term “Struggle Street” to encapsulate the hardships of his listeners’ lives.</p> <p>To these powerless people, Jones and Laws gave a voice, and as their audiences grew, prime ministers and premiers courted and feared them.</p> <p>In the end, Jones’s impregnability was breached by not the power elite turning on one of their own, but by the journalism of a redoubtably tenacious Sydney Morning Herald investigative reporter, Kate McClymont.</p> <p>In December 2023, <a href="https://www.smh.com.au/national/he-d-go-the-grope-alan-jones-accused-of-indecently-assaulting-young-men-20231205-p5epai.html">she claimed</a> Jones had used his position of power, first as a teacher and later as the country’s top-rating radio broadcaster, to allegedly prey on a number of young men.</p> <p>In response to McClymont’s work, the NSW police set up Strike Force Bonnefin, run by the State Crime Command’s Child Abuse Squad, to conduct an investigation into Jones.</p> <figure><iframe src="https://www.youtube.com/embed/0ExkpCtfmA8?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>On November 18 2024, Jones was arrested at his Circular Quay home and charged initially with 24 sexual offences against eight males. The following day, two <a href="https://www.abc.net.au/news/2024-11-19/alan-jones-charged-with-additional-offences-nsw-police/104617680">additional charges</a> were laid involving a ninth male.</p> <p>Through his lawyers, Jones has denied the charges and was bailed to appear in Sydney’s Downing Centre Local Court on December 18. He <a href="https://www.smh.com.au/national/alan-jones-arrested-over-allegations-he-indecently-assaulted-young-men-20241118-p5krdu.html">was ordered</a> to surrender his passport and not to contact or harass the alleged victims.</p> <p>The charges relate to offences alleged to have been committed by Jones between 2001 and 2019, the youngest alleged victim being 17 at the time.</p> <p>Those dates coincide almost exactly with Jones’s most influential years, from 2002 to 2020.</p> <p>McClymont <a href="https://www.smh.com.au/national/a-stunning-development-kate-mcclymont-on-alan-jones-arrest-and-what-s-next-20241118-p5krln.html">has spoken</a> about the reluctance of some of her interviewees to speak, for fear of what Jones might do: "People were too afraid to take on Alan Jones. Once a couple of people came forward, and some people were happy to be publicly named, that gave confidence for other people to come forward.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/243942/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" />"</p> <p><a href="https://theconversation.com/profiles/denis-muller-1865"><em>Denis Muller</em></a><em>, Senior Research Fellow, Centre for Advancing Journalism, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p><em>Image credits: Getty Images</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/alan-jones-once-seemed-unassailable-what-ended-it-was-a-peculiarly-sydney-story-of-media-politics-and-power-243942">original article</a>.</em></p> </div>

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How hip pain led Sydney karate master to life-changing weight loss journey

<div> <p>Sydney-based karate instructor and personal trainer Glenn Stephenson knows the toll that joint pain and extra weight can take on physical activity. Despite decades of experience as a martial arts coach, Glenn found himself increasingly limited by severe hip pain and unwanted weight gain.</p> </div> <div> <p>In 2021, at 95 kilograms, the 64-year-old’s arthritis and reduced mobility affected not only his work but also his confidence. “I couldn’t move around like I wanted to, and as a master instructor, it felt wrong to be teaching students while carrying so much extra weight,” he admits.</p> </div> <div> <p>Glenn’s pain and discomfort prompted him to make a drastic change. Instead of resorting to extreme dieting, he adopted a more sustainable approach to weight loss to reduce joint and liver inflammation, and regain his mobility. He shed 20 kilograms and now walks four kilometres daily. “I can move better, my mental health has improved, and I feel more capable of guiding my students,” he says.</p> </div> <div> <p>Today, Glenn encourages others struggling with weight to take a balanced approach to fitness and health. “I look the part now, which gives me confidence as a master instructor to show my students that staying active is achievable at any age.”</p> </div> <div> <p>Dietitian Kirby Sorenson, from health platform <a title="https://www.getmosh.com.au/?utm_term=mosh&amp;utm_campaign=Cross_Search_Brand_Mosh&amp;utm_source=paid-search&amp;utm_medium=adwords&amp;utm_content=100740202037&amp;hsa_acc=5792635568&amp;hsa_cam=1701000406&amp;hsa_grp=100740202037&amp;hsa_ad=697110582898&amp;hsa_src=g&amp;hsa_tgt=kwd-295213997936&amp;hsa_kw=mosh&amp;hsa_mt=p&amp;hsa_net=adwords&amp;hsa_ver=3&amp;gclid=CjwKCAiAxKy5BhBbEiwAYiW--5qfGzQVQBG-CmA6baVMEeP5Zmk_oB_GOstA1n2vabFrLzbeDrEEnxoCM4YQAvD_BwE" href="https://www.getmosh.com.au/?utm_term=mosh&amp;utm_campaign=Cross_Search_Brand_Mosh&amp;utm_source=paid-search&amp;utm_medium=adwords&amp;utm_content=100740202037&amp;hsa_acc=5792635568&amp;hsa_cam=1701000406&amp;hsa_grp=100740202037&amp;hsa_ad=697110582898&amp;hsa_src=g&amp;hsa_tgt=kwd-295213997936&amp;hsa_kw=mosh&amp;hsa_mt=p&amp;hsa_net=adwords&amp;hsa_ver=3&amp;gclid=CjwKCAiAxKy5BhBbEiwAYiW--5qfGzQVQBG-CmA6baVMEeP5Zmk_oB_GOstA1n2vabFrLzbeDrEEnxoCM4YQAvD_BwE" data-outlook-id="bc4b923a-a4a3-4af0-80db-e837cd64b4c7">Mosh</a>, is encouraging Australians to ditch the Body Mass Index (BMI) in favour of more modern diagnostics to determine the risk of disease linked to higher body fat, declaring it’s unfairly categorising people as being overweight.</p> </div> <div> <p>Ms Sorenson says knowing your Body Roundness Index (BRI) as well as your Basal Metabolic Rate (BMR) can more accurately predict the risk of diseases like high blood pressure, type 2 diabetes and heart disease because it works out body fat levels based on height and waist circumference, rather than the BMI method which relies on height and weight.</p> </div> <div> <p>“BMI has long been criticised for inaccurately categorising people as overweight or obese because it doesn’t differentiate between those who carry a lot of muscle and individuals with fat in the wrong places,” Ms Sorenson says.</p> </div> <div> <p>“The problem is that it only looks at overall weight, while the BRI focuses on fat held around the abdomen which is the riskiest fat in terms of overall health.</p> </div> <div> <p>Once the BRI is determined, Ms Sorenson says it can help to know your Basal Metabolic Rate, which is largely determined by your total lean mass to help determine a healthy path to maintaining a healthy weight range.</p> </div> <div> <p>“The basal metabolic rate or BMR gives you an idea of how many calories your body burns doing the bare minimum; breathing, blood circulation, brain and nerve function. It can vary greatly from person to person, which explains why individual weight loss journeys can be so different,” Ms Sorenson said.</p> </div> <div> <p>For more information visit Moshy’s online <a title="https://www.getmoshy.com.au/weight-loss/basal-metabolic-rate-calculator?srsltid=AfmBOoobS-PiI_4sJn2ykpEG6vzq6qkvQXammfLv4Rm-mS5nwll6EN0m" href="https://www.getmoshy.com.au/weight-loss/basal-metabolic-rate-calculator?srsltid=AfmBOoobS-PiI_4sJn2ykpEG6vzq6qkvQXammfLv4Rm-mS5nwll6EN0m" data-outlook-id="800f9af2-0a34-4ac4-801b-d16714c7ec2e">BMR calculator</a>.</p> <p><em>Image credits: Supplied</em></p> </div>

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Court views footage of final moments before Clare Nowland was tasered

<p>A registered nurse with nearly 50 years of experience has expressed her deep concern regarding the tasering of 95-year-old Clare Nowland, a resident at Yallambee Lodge nursing home in Cooma, New South Wales.</p> <p>The incident occurred in the early hours of May 17, 2023, and <a href="https://www.oversixty.com.au/news/news/clare-nowland-dies-officer-charged" target="_blank" rel="noopener">resulted in Nowland's death</a>, a great-grandmother suffering from dementia.</p> <p>Senior Constable Kristian James Samuel White, 34, is currently on trial in the NSW Supreme Court facing manslaughter charges related to the incident. He has pleaded not guilty, asserting that he acted lawfully under his duties as a police officer.</p> <p>During her testimony, Nurse Rosaline Baker recounted her alarm when she called triple-0 after Nowland had grabbed two steak knives and a jug of prunes from the kitchen. Following her call for help, White and Acting Sergeant Rachel Pank arrived on the scene after two paramedics. Together with Baker, they located Nowland in a treatment room. When White pulled out his taser, Baker admitted she was unfamiliar with the device and felt "kind of curious". However, her curiosity turned to horror when she heard a loud noise and witnessed Nowland being struck by the stun gun. "I was very, very concerned when she was falling to the ground," Baker stated in court.</p> <p>The trial has revealed troubling details about Nowland's condition and behaviour leading up to that fateful night. Expert testimony indicated that her behaviour had escalated over the three months prior to her death. She exhibited increasingly anti-social behaviour, such as taking food from other residents, attempting to undress in public areas, and refusing assistance from staff. CCTV footage presented during the trial showed Nowland physically lashing out at staff members and even getting stuck in a tree, as well as footage showing the final moments of Nowland's life as she hid from emergency service staff – including Senior Constable White.</p> <p>Nowland had been admitted to the hospital on April 16 and prescribed the anti-psychotic drug Risperdal to manage her aggressive behaviour after incidents involving punching and biting staff. Under questioning by defence barrister Troy Edwards SC, an expert acknowledged that Nowland's behaviour just before she was tasered could have been influenced by a recent reduction in her medication dosage.</p> <p>The trial continues.</p> <p><em>Images: 7 News</em></p>

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"Unfair": Pauline Hanson's tearful pledge after court ruling

<p>Pauline Hanson has made an emotional pledge after the court <a href="https://oversixty.com.au/finance/legal/judge-rules-against-pauline-hanson" target="_blank" rel="noopener">ruled</a> she made racist remarks towards a fellow senator. </p> <p>Justice Angus Stewart found that the One Nation leader engaged in "seriously offensive" and intimidating behaviour when told Greens senator Mehreen Faruqi to "piss off back to Pakistan" in a tweet, with the judge saying the message constitutes "strong racism". </p> <p>After the ruling, Hanson spoke to <em>Sky News</em> in a teary interview in which she called the Federal Court ruling “unfair and unjust”, lamenting that Australia was “not the country I grew up in”.</p> <div> </div> <p>“I just feel that the country’s changed so much in such a way that people can’t say what they think anymore. The thought police is out there, everyone’s shut down for having an opinion,” she said between sobs.</p> <p>“It’s not the country I grew up in."</p> <p>“People may criticise my comment, but I’ve never changed since the first day of politics nearly 30 years ago."</p> <p>“But I think the decision made I think was unfair, unjust and a bit hard, but I’m not going to give up, I’m going to appeal against it, I’m going to fight this.”</p> <p>Handing down his the decision on Friday, Justice Angus Stewart labelled the post as “an angry ad hominem attack”.</p> <p>He ruled the post was “reasonably likely in all the circumstances” to “offend, insult, humiliate and intimidate the applicant and groups of people, namely people of colour who are migrants to Australia or are Australians of relatively recent migrant heritage and Muslims who are people of colour in Australia”.</p> <p>Justice Stewart found that Senator Hanson’s post was motivated by “the race, colour or national or ethnic origin” of Senator Faruqi, and her response was not made in good faith as a fair comment on a matter of public interest.</p> <p>“Senator Hanson’s tweet was merely an angry ad hominem attack devoid of discernible content (or comment) in response to what Senator Faruqi had said,” Justice Stewart said. </p> <p><em>Image credits: Sky News</em></p>

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"Stern warning": William Tyrrell's foster mother abused outside court

<p>William Tyrrell's foster mother has been targeted in wild scenes outside court as she left the inquest into the child's disappearance, as another woman was seen "hurling abuse at her".</p> <p>When leaving court on Monday afternoon, the woman, who is unable to be named, was abused and heckled by an unknown female, as Counsel Assisting Gerard Craddock SC informed NSW Deputy State Coroner Harriet Grahame.</p> <p>"There is no place in civil society for that at all," he told the inquiry. "It is particularly terrible in these circumstances."</p> <p>He asked the coroner to "remind people in attendance that orderly conduct is required. That sort of conduct could amount to being punishable by contempt of court".</p> <p>Coroner Grahame said, "That is very disappointing. If that person is in this court now they should be warned (the court) can take action."</p> <p>"That sort of behaviour must not occur. I'm just disturbed by that sort of behaviour. I use a stern warning. Please behave."</p> <p>The incident was revealed at the beginning of the second day of the resumed inquest into the disappearance of the three-year-old boy 10 years ago.</p> <p>The inquest is probing the <a href="https://oversixty.com.au/finance/legal/new-corpse-disposal-theory-tested-in-william-tyrrell-inquest" target="_blank" rel="noopener">police theory</a> that William Tyrell's foster mother buried his body in bushland after he fell from a balcony and died on the morning he vanished from Kendall, on the NSW mid north coast, in September 2014.</p> <p><em>Image credits: NSW Police</em></p>

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Teen found not guilty of murdering Brisbane mum

<p>A teenager has been found not guilty of murdering Brisbane mother Emma Lovell, with her heart-broken widow shedding tears at the verdict. </p> <p>The now 18-year-old faced trial on the allegation that he had seen a knife in his co-offender's hand and knew he was armed when the pair broke into the Lovell home on Boxing Day in 2022.</p> <p>The main offender fatally stabbed Emma and hurt her husband Lee in the struggle that followed.</p> <p>With the case largely dependant on crucial split-second CCTV, Justice Michael Copley ruled he could not "be satisfied beyond reasonable doubt that the accused knew the other teen was in possession of the knife".</p> <p>The teenager was found not guilty of Ms Lovell's murder or manslaughter and also acquitted of unlawful wounding, but was found guilty of burglary and assault in company.</p> <p>Outside the court, Lee Lovell became emotional as he told reporters, "I'm not feeling too great at the moment - the verdict was a joke. I don't feel justified for Emma one bit."</p> <p>"You try and do the best you can for her and I don't feel I've been able to do that."</p> <p>Mr Lovell said legislation needed to be changed in order for victims and their families to have justice. </p> <p>"You are a part of killing someone and you get a burglary charge. What does that say for anyone going forward," he said.</p> <p>"We are the ones with a life sentence now."</p> <p><em>Image credits: Facebook</em></p>

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Is it possible to have a fair jury trial anymore?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p>The decades-long mystery about what happened to 19-year-old Amber Haigh made it to court in New South Wales earlier this year. Those accused of murdering Haigh were found <a href="https://www.theguardian.com/australia-news/2024/sep/16/amber-haigh-murder-trial-verdict-not-guilty-robert-anne-geeves-ntwnfb">not guilty</a>.</p> <p>Usually we don’t know precisely why someone was found guilty or not. But in this case, the reasons were given.</p> <p>This is because the trial was “<a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/judge_alone_trials.html">judge alone</a>”: a trial without a jury. This means the judge decides on the factual questions as well as the legal ones. And as judges are required to give reasons for their decisions, we learned what was behind the verdict, something usually hidden by the “<a href="http://www.austlii.edu.au/au/journals/SydLRev/2013/32.pdf">black box</a>” of the jury room.</p> <p>Judge alone trials are <a href="https://bocsar.nsw.gov.au/research-evaluations/2024/CJB264-Summary-Effect-of-judge-alone-trials1.html">increasing</a> in New South Wales. Moves are being made in some <a href="https://www5.austlii.edu.au/au/journals/PrecedentAULA/2020/69.html">other Australian jurisdictions</a> to increase access to judge alone trials.</p> <p>While it’s only possible to hold a judge alone trial in certain circumstances, and there are small numbers of such trials relative to other trials, some lawyers and judges think these trials have <a href="https://bocsar.nsw.gov.au/documents/publications/cjb/cjb251-300/CJB264-Report-Effect-of-judge-alone-trials.pdf">advantages</a> over those with a jury.</p> <p>This is because jury trials face a lot of challenges. Some have pondered whether, in this media-saturated environment, there is such a thing as a fair jury trial. So what are these challenges, and where do they leave the time-honoured process?</p> <h2>What happens in a jury trial?</h2> <p>The criminal trial brings together knowledge of the facts that underpin the criminal charge. The task of the jury is to independently assess that knowledge as presented in the trial, and reach a conclusion about guilt to the criminal standard of proof: <a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/onus_and_standard_of_proof.html">beyond reasonable doubt</a>.</p> <p>Crucially, lay people provide legitimacy to this process, as individuals drawn from all walks of life are engaged in the <a href="https://theconversation.com/jury-is-out-why-shifting-to-judge-alone-trials-is-a-flawed-approach-to-criminal-justice-137397">decision-making</a> around the guilt of the accused.</p> <p>The jury is therefore a fundamental part of our <a href="https://theconversation.com/all-about-juries-why-do-we-actually-need-them-and-can-they-get-it-wrong-112703">democracy</a>.</p> <h2>The changing trial</h2> <p>For its legitimacy, the criminal trial traditionally relies on open justice, independent prosecutors and the lay jury (the “black box”), all overseen by the impartial umpire, the judge, and backed up by the appeal system.</p> <p>But these aspects of the criminal trial are being challenged by changes occurring inside and outside the courtroom.</p> <p>These challenges include high levels of <a href="https://theconversation.com/when-punitive-media-intrude-on-the-courts-role-can-justice-be-served-63824">media attention</a> given to criminal justice matters.</p> <p>Another is the questioning about the way <a href="https://theconversation.com/lehrmann-inquiry-whats-a-director-of-public-prosecutions-or-dpp-a-legal-expert-explains-206194">public prosecutors are using their discretion</a> in bringing charges against individuals. This is happening in NSW, ACT and Victoria.</p> <p>There are also concerns about “<a href="https://theconversation.com/junk-science-is-being-used-in-australian-courtrooms-and-wrongful-convictions-are-at-stake-231480">junk science</a>” being relied on Australian courtrooms. This is where unreliable or inaccurate expert evidence is introduced in trials.</p> <p>Some legal bodies are also demanding a <a href="https://lawcouncil.au/publicassets/0e6c7bd7-e1d6-e611-80d2-005056be66b1/120421-Policy-Statement-Commonwealth-Criminal-Cases-Review-Comission.pdf">post-appeal criminal cases review commission</a> to prevent wrongful convictions.</p> <h2>Added complexity</h2> <p>It is not just juries that must come to grips with complex evidence in criminal matters. Judges and lawyers are also required to grasp intricate scientific evidence, understand new areas of expertise, and get across changing practices of validating expert knowledge.</p> <p>The difficulty of these tasks for judges and lawyers was on show in the two special inquiries into Kathleen Folbigg’s convictions for the murder of her children, held in 2019 and 2022–23. Rapid developments in genetic science, alongside other developments, came to <a href="https://theconversation.com/folbigg-pardon-science-is-changing-rapidly-and-the-law-needs-to-change-with-it-207604">cast doubt</a> on the accuracy of Folbigg’s convictions. This was just a few years after the first inquiry concluded there was no reasonable doubt about her guilt.</p> <p>The challenges facing criminal trials are one dimension of much wider social and political dynamics. News and information is produced and consumed differently now. People have <a href="https://theconversation.com/why-so-many-people-have-had-enough-of-experts-and-how-to-win-back-trust-206134">differing degrees</a> of respect for scientific knowledge and expertise. Trust in authority and institutions <a href="https://theconversation.com/5-charts-show-how-trust-in-australias-leaders-and-institutions-has-collapsed-183441">is low</a>.</p> <p>These factors come together in a perfect storm and pose existential questions about what criminal justice should look like now.</p> <h2>What does the future look like?</h2> <p>The future of criminal law and its institutions depends on their <a href="https://ses.library.usyd.edu.au/handle/2123/32995">legitimacy</a>. It’s legitimacy that gives courts the social license and power to proscribe conduct, prosecute crimes and authorise punishment. Juries are a vital piece of this picture.</p> <p>Amid the changing environment, there are things we can do to improve jury trials and in turn, safeguard and enhance their legitimacy.</p> <p>One is providing extremely careful instructions to juries to make sure jurors <a href="https://theconversation.com/we-need-better-jury-directions-to-ensure-justice-is-done-104417">understand their tasks</a>, and do not feel <a href="https://lawfoundation.net.au/wp-content/uploads/2023/12/UNSW_Jury_Study_Hunter_2013.pdf">frustrated</a>.</p> <p>Another is introducing <a href="https://www.researchgate.net/publication/343032083_Regulating_Forensic_Science_and_Medicine_Evidence_at_Trial_It's_Time_for_a_Wall_a_Gate_and_Some_Gatekeeping">higher and better standards</a> for expert evidence. Experts testifying in court need firm guidance, especially on their use of <a href="https://theconversation.com/the-words-that-helped-wrongly-convict-kathleen-folbigg-200635">industry jargon</a>, to decrease chances of wrongful convictions.</p> <p>These sorts of changes might be coupled with changes in criminal laws, like enhancing laws of self-defence so they are <a href="https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/64a58aac48b25f2af05ac74f/1688570542199/CWJ+Arlie+Loughnan+and+Clare+Davidson+Australia.pdf">more accessible to women</a> in domestic violence situations.</p> <p>Together, this would help to future-proof criminal law, ready to meet the challenges of coming years and decades that we are yet to detect.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/239401/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, Professor of Criminal Law, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/is-it-possible-to-have-a-fair-jury-trial-anymore-239401">original article</a>.</em></p> </div>

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Father breaks silence after wife and two children die in tragic drowning

<p>Hoai Nguyen, 32, and her two children, Mitchell, 7, and Hazel, 5, were enjoying a day out at Shearer Park in south-west Sydney, and were walking down to a small pier on the waterfront before they were spotted <a href="https://www.oversixty.com.au/health/caring/unimaginable-sorrow-mother-and-two-children-drown-during-family-outing" target="_blank" rel="noopener">struggling in the Georges River</a> about 10.15am on Saturday. </p> <p>Hoai was pulled to shore shortly afterwards, but despite desperate attempts by rescuers and bystanders she could not be revived. </p> <p>The bodies of the two children were recovered a few hours later, metres from a jetty. </p> <p>The children's father, Dinh Nguyen, had been at work during the incident and only found out about the tragedy when police showed up at his house. </p> <p>He has since broken his silence, and told <em>The Sydney Morning Herald</em> that his wife was navigating a mental illness prior to her death. </p> <p>“She has bipolar disorder, and she has some ups and some downs,” he told the publication. </p> <p>“She takes medicine. Sometimes it works, sometimes it doesn’t.”</p> <p>He also recalled one of the last conversations the couple had, the night prior to the tragedy. </p> <p>“She told me the last night she didn’t sleep so she wanted to stay at home,” he said.</p> <p>According to <em>The Daily Telegraph</em>, detectives are now probing whether the incident was premeditated as they continue their investigations into the tragedy. </p> <p>The southwest Sydney community has since rallied around the family's loved ones, with bouquets of flowers and tributes seen at the riverbank as part of a growing memorial. </p> <p>A close friend of the family, Sarah Vu, has also organised a <a href="https://www.gofundme.com/f/hoai-mitchell-and-hazel-nguyen" target="_blank" rel="noopener">GoFundMe</a> page for the family which has since raised over $60,600 of their $40,000 goal. </p> <p>“I sincerely thank the entire community for their contributions,” she wrote in a social media tribute on Monday.</p> <p>“The family have decided to bring Hoai and the kids back to Vietnam.</p> <p>“The fund has currently exceeded my expectations, but I will keep the link open for anyone who still wants to donate.”</p> <p>"All we can do now is pray for you and the little ones to depart peacefully,” she added with a video of two young kids holding hands and skipping down a street together. </p> <p><em><strong>Need to talk to someone? Don't go it alone.</strong></em></p> <p><em>Lifeline: <strong>13 11 14</strong>, <a href="https://www.lifeline.org.au/" target="_blank" rel="noopener">lifeline.org.au </a></em></p> <p><em>SANE Support line and Forums: <strong>1800 187 263,</strong> <a href="https://saneforums.org/" target="_blank" rel="noopener">saneforums.org</a></em></p> <p><em>Headspace: <strong>1800 650 890,</strong> <a href="https://headspace.org.au/" target="_blank" rel="noopener">headspace.org.au</a></em></p> <p><em>Beyond Blue: <strong>1300 224 635</strong>, <a href="beyondblue.org.au" target="_blank" rel="noopener">beyondblue.org.au </a></em></p> <p><em>Images: Facebook/ GoFundMe</em></p>

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