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Officer charged with fatal tasering causes chaos in court

<p>A magistrate has expressed his "absolute disgust" after the NSW police officer charged with the fatal tasering of a 95-year-old failed to show up in person for court. </p> <p>Kristian White, 33, appeared via audiovisual link in Cooma Local Court on Wednesday after being charged with discharging his weapon at Clare Nowland, a dementia patient at an aged care facility in Cooma, who fell backwards from the tasering and sustained fatal injuries.</p> <p>As the virtual court began, Magistrate Roger Clisdell blasted the crown prosecutor’s decision to allow the suspended police officer to appear via a video link. </p> <p>“Who runs this court, Ms Stuart? You or me?” he asked crown prosecutor Sally Stuart in a raised voice.</p> <p>He said he felt “absolute disgust” that the decision had blindsided him, which meant that “dumbo here sitting on the bench just has to suck it up.”</p> <p>The magistrate went on to note that the court had employed several extra security personnel “at great expense” in anticipation of the highly publicised appearance, given the media storm surrounding Ms Nowland's death. </p> <p>There was no reason given as to why Mr White didn't show up for court in person, given he is currently living in the community under no restrictions. </p> <p>In a confusing move, Ms Stuart asked the court to impose a condition which would compel him to appear in court in future.</p> <p>Mr Clisdell blasted the hypocritical application, asking, “You excused him today, so why should I put him at your beck and call, not mine?”</p> <p>Ms Stuart eventually conceded that police should have imposed bail conditions on Mr White when he was charged with the serious offences. </p> <p>“It is probably something that should have been considered at the time but that decision was made by police,” she said.</p> <p>Mr White’s lawyer Warwick Anderson opposed the request for his client to be placed on bail, telling the court it had no “meaningful efficacy”.</p> <p>Despite the magistrate's previous outrage, he agreed and branded the crown application an attempt to placate anyone who might be “upset” about the officer’s lack of restrictions. </p> <p>He declined to impose bail on the 33-year-old and said he would be excused from attending court on the next occasion.</p> <p>Mr White maintained a blank face as he listened to the Magistrate’s tirade from an undisclosed location. </p> <p>The matter will return to court in September and it will be managed by the DPP.</p> <p><em>Image credits: Nine News / Facebook</em></p> <div class="media image" style="caret-color: #000000; color: #000000; font-style: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: auto; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: auto; word-spacing: 0px; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px; text-decoration: none; box-sizing: inherit; display: flex; flex-direction: column; align-items: center; width: 705.202209px; margin-bottom: 24px; max-width: 100%;"> </div>

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Neighbours star's AVO nightmare after magistrate’s “wrong” call

<p>Former <em>Neighbours</em> star Madeleine West has won an appeal to overturn an AVO taken out against her on behalf of the father of her ex-husband, celebrity chef Shannon Bennett.</p> <p>West, 42, was described by a magistrate as “evasive, almost aggressive and frightening” when giving evidence about an altercation involving her ex-husband’s father Benny Clifton Bennet at his son’s Byron Bay home on May 4 2022.</p> <p>The AVO was granted after the Local Court hearing.</p> <p>However, West appealed the decision in the NSW District Court after being granted a temporary stay on the two-year order, which bans her from Bennett’s Byron Bay property while her father-in-law comes to visit her children.</p> <p>Although the Local Court found West had “barged” onto her ex-husband’s property, Judge Jonathan Priestly ruled the magistrate had made a “wrong” decision based on “erroneous finding”.</p> <p>Judge Priestly found Bennett’s father was acting out of loyalty for his son during the incident.</p> <p>West’s lawyers amid the appeal argued that the magistrates “erred in finding the fears of the older Mr Bennett were reasonably based”.</p> <p>They claimed the conduct, taking the surrounding circumstances into consideration “did not amount to harassment”.</p> <p>The judge said the grandfather’s “fear of harassment” was an outcome of being “distressingly” caught in the middle of a dispute between his son and West.</p> <p>He admitted to the court that he had spoken to her amicably one day before the alleged “barging”.</p> <p>Bennett’s father described West as “uncontrollable” and “irrational”, but Judge Priestly said these claims were not supported by CCTV footage.</p> <p>“I accept that the magistrate was wrong to find that the appellant (West) barged into the property,” he ruled.</p> <p>“A number of errors of the magistrate have been identified. By basing her decision on those erroneous findings her Honour’s decision is wrong.”</p> <p>Judge Priestley found Bennett's father had been “unwittingly involved” by his son and the chances of reoccurring disputes were “negligible”.</p> <p>“There is no need for the order,” the judge said.</p> <p>The AVO was dismissed and Judge Priestly called on lawyers to prepare arguments on costs to be heard in July.</p> <p>West was on <em>Neighbours</em> for six years over two periods of time, from 2000 to 2003 and 2017 to 2020.</p> <p>She appeared in hundreds of episodes as characters Dee Bliss and then Andrew Somers.</p> <p>West was hit by a bus while filming for the soap and suffered head injuries which resulted in her having to relearn motor skills.</p> <p><em>Image credit: Instagram</em></p>

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Magistrate slams Victorian anti-masker Mandy Crerar

<p>A Victorian magistrate has made his feelings about anti-masker Mandy Crerar who claimed that law's don't apply to her, explaining that the coronavirus doesn't care if she is a "sovereign citizen".</p> <p>Mandy Crerar allegedly coughed and yelled at staff in a cafe after they refused to serve her for not wearing a mask on August 11th.</p> <p>The 58-year-old is also accused of resisting police officers who were called to the cafe. She has been charged with affray and failure to comply with the chief health officer's directions. </p> <p>“We’re in the grips of a pandemic which is killing people every day. It’s real,” Frankston magistrate Tim Gattuso told the woman.</p> <p>“It doesn’t distinguish between those who claim to be sovereign citizens and those who don’t.”</p> <p>Prosecutors were worried about Crerar who wore a face shield and a blue gown as they believed she was only doing so to do bail.</p> <p>“She has refused to wear a mask up until today,” prosecutor Glenn Horman said.</p> <p>He said she was only wearing her shield to “endeavour” to get out of custody and also told the court the anti-masker refused to undergo a coronavirus test.</p> <p>The hearing was postponed after Crerar asked to speak to her lawyer Christopher Terry.</p> <p>“Yes I wish to object,” she told the court. It related to her concerns about proposed bail conditions.</p> <p>The court was told during the hearing that the owner of the cafe offered Crerar a mask, but she refused to wear it.</p> <p>The anti-masker started to “scream at the top of her voice that she was a sovereign citizen” and started to cough on the victim who was afraid for her safety, a police summary reads.</p> <p>But when police arrived, Ms Crerar refused to give them her name and address and when asked why she wasn’t wearing a mask started to scream “rape, rape” at the officers.</p> <p>Police allege she was “hysterical and irrational”.</p> <p>Prison officers confirmed that she has refused to wear a mask, but her lawyer denied this claim at an earlier hearing, saying Crerar would comply with directions if released on bail.</p> <p>She has since been released on bail under strict conditions, including wearing a mask or shield when leaving her home, sticking to a curfew, paying a $5,000 security deposit and undergoing an inpatient assessment.</p> <p>She will not be released until early on Friday.</p> <p><em>Photo credits: </em><a rel="noopener" href="https://www.news.com.au/national/victoria/courts-law/magistrate-smacks-down-victorian-antimasker-mandy-crerar/news-story/68b9590042cbd302fffad44772ab8761" target="_blank" class="_e75a791d-denali-editor-page-rtflink"><em>news.com.au</em></a></p>

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