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Matildas greats defend Sam Kerr

<p>Former Matildas co-captain Kate Gill and national women's team great Joey Peters have both lept to Sam Kerr's defence, amid the soccer star's <a href="https://o60.me/rtlyu9" target="_blank" rel="noopener">trial</a> for the charge of racially aggravated harassment of a police officer.</p> <p>While Kerr has admitted she felt "embarrassed" after watching footage from the incident that occured on January 30 2023, she denied that she was “drunk and kicking off” in the back of the taxi</p> <p>Football Australia will wait until the trial's complete to make a call on whether Kerr will be stripped from her role as the Matildas captain. </p> <p>However, Gill and Peters have both defended Kerr, saying that she should "definitely" retain the armband. </p> <p>"She’s the first person to acknowledge if she’s done something wrong and made a mistake," Gill said, as she hailed Kerr for being an "exceptional human being". </p> <p>Gill led the Matildas between 2013 and 2014, making 86 appearances for Australia, returning 41 international goals. </p> <p>"She’s got morals about her, so it’s hard to question her from that kind of area."</p> <p>“It’s hard for us to all sit in judgment when we don’t have access to the full facts and understand what happened and how Sam was made to feel in that moment,” she said.</p> <p>“There should be no reason why she shouldn’t captain her country.</p> <p>“She wears her heart on her sleeve, she loves playing for her country, she loves captaining her country, and she’s given her some very inspirational and fantastic sporting moments.</p> <p>“We shouldn’t forget that.”</p> <p>Former Matildas star Joey Peters, who won 110 caps for Australia between 1996 and 2009 also backed Kerr. </p> <p>"I just have full admiration for Sam Kerr and what she’s done throughout our game," she said. </p> <p>"What we’re hearing about the case, I don’t think it takes away anything from the quality person that she is." </p> <p>"She has disrupted the world of football, and we can’t expect her to be quiet and sit back and be a ‘nicey-nicey girl’ because she’s not that at all on the pitch. She’s lethal, so for her to stick up for herself off the field, for me personally, I 100 per cent back her." </p> <p>Kerr captained Australia to fourth place at the Olympic Games in 2020. She has made 128 appearances for Australia since 2009 and has returned 69 goals. </p> <p>“I can’t imagine the pressure that she’s under with her public profile. She’s in this pressure cooker and delivered so much for our game and continues to do that, and we should hold her in the highest regard whatever happens, because we all make mistakes as humans," Peters added. </p> <p>“In Sam Kerr’s case, she’s an absolute champion of our game and should be treated as that in her home country for sure.</p> <p>“It’s not that I don’t care what she’s (allegedly) done, but in this particular instance, we’ve got to protect her and cheer her on.”</p> <p><em>Image: Kim Price/CSM/ Shutterstock Editorial</em></p> <p> </p>

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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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Sam Kerr's defence in harassment trial revealed

<p>Sam Kerr has appeared in a London court for the first day of her racial harassment trial. </p> <p>The Matildas striker has been accused of calling a police officer “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>In court on Monday it was claimed that Kerr and her partner, fellow footballer Kristie Mewis, believed they were being kidnapped when the taxi they were travelling in diverted off route during a dispute over the fare.</p> <p>Prosecutor Bill Emlyn Jones told jurors that the women had been on a night out and were travelling home in the taxi when Kerr was allegedly sick. </p> <p>The pair and the taxi driver then engaged in an argument over a cleaning fee of the vehicle, which caused the driver to divert the trip to Twickenham Police Station. </p> <p>When the pair realised they were no longer heading to Kerr's house, Mewis kicked out the rear window fearing she was being kidnapped.</p> <p>“The cabbie ended up phoning the police to complain about their behaviour, reporting that they were trying to smash a window,” Emlyn Jones said.</p> <p>In footage from a police body-worn camera, the pair were visibly shaken on arrival at the station and Kerr said they were “both very afraid” and they “were begging to get out of there.”</p> <p>Prosecutors said Kerr then allegedly became verbally abusive towards police officer Stephen Lovell, and insulted him “by reference to his ethnicity” when he recalled the driver’s version of events.</p> <p>“You guys are stupid and white. You guys are f****** stupid and white,” Kerr said. “I’m looking you in the eyes, you guys are f****** stupid. I’m f****** over this shit.”</p> <p>Emlyn Jones said there was no dispute over what was said, instead, jurors must decide what she meant and how it made Lovell feel.</p> <p>Kerr’s lawyer Grace Forbes said, “When you look past the headline, and you look at the evidence, Samantha Kerr did not feel hostile towards the officer because he is white”.</p> <p>“The words were a comment – however poorly expressed – about positions of power, about privilege and about how those things might colour perception.”</p> <p>The officer told the court he felt Kerr’s behaviour was “quite abusive”.</p> <p><em>Image credits: ANDY RAIN/EPA-EFE/Shutterstock Editorial </em></p>

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Update on Samantha Murphy trial as accused enters plea

<p>The man accused of murdering Ballarat mother Samantha Murphy has plead not guilty, electing to fast-track his case to the Supreme Court.  </p> <p>Patrick Orren Stephenson, 22, faced the Ballarat Magistrates Court on Thursday via video link, while Ms Murphy’s husband, Mick Murphy, watched the hearing from the body of the courtroom.</p> <p>Mr Stephenson, the son of former AFL player Orren Stephenson, was charged with Samantha's murder in March, just weeks after the 51-year-old went missing after leaving home for an morning run on February 4th. </p> <p>Crown prosecutor Raymond Gibson KC told the court that Mr Stephenson had elected to fast-track his case to the Supreme Court for trial.</p> <p>This skips a committal hearing in the Magistrates Court jurisdiction in which a magistrate hears the evidence and decides if they’re satisfied it could support a conviction, and will allow Mr Stephenson to face trial at an earlier date.</p> <p>“Not guilty, Your Honour,” the accused man said when asked how he would like to plea.</p> <p>Mr Stephenson was committed to stand trial by magistrate Mark Stratmann and will appear in the Supreme Court later in November.</p> <p>“Because the matter is now in the purview of the Supreme Court of Victoria, that court will be dealing with all matters in relation to this proceeding,” Mr Stratmann said.</p> <p>Following Mr Stephenson’s arrest in March, Victoria Police Chief Commissioner Shane Patton remained tight-lipped about how the accused man was identified, but said the arrest came after a “painstaking and methodical investigation”.</p> <p>“I’m not going to identify what has specifically led us to this man other than to say it has come about from painstaking detective work with great assistance from the public,” he said at the time.</p> <p>Samantha Murphy's disappearance and alleged murder shocked the community and quickly became one of the most high-profile missing persons investigations in the state, and despite the efforts of police and volunteers, her body has never been found. </p> <p><em>Image credits: Nine / Facebook</em></p>

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Woman cured of Type 1 diabetes in life-changing clinical trial

<p>Marlaina Goedel was diagnosed with Type 1 diabetes when she was just five-years-old, and not only was the disease controlling her, but it almost cost her life. </p> <p>"I've crashed my car into a brick building before having a diabetic attack while driving," Goedel recalled. </p> <p>Her condition was so extreme that she felt robbed of a normal childhood, telling the <em>Daily Mail </em>that she was in and out of hospital with  life-threatening diabetic ketoacidosis, which causes toxic chemicals to build up in the blood due to a lack of insulin.</p> <p>Now 30-years-old, the Illinois woman no longer needs daily insulin shots and can finally enjoy sugar again thanks to a pioneering stem cell therapy that has cured her of type 1 diabetes. </p> <p>Goedel was one of three Americans who have been cured of their type 1 diabetes thanks to the clinical trial involving an islet cell transplant. </p> <p>It is a one-off infusion that involved transplanting islet cells into her liver to help her body produce insulin on its own. </p> <p>After four weeks, she no longer needed to take insulin. </p> <p>"[My doctor] said, ‘Mark it on your calendar. Today is the day. Stop all insulin,'" Goedel said of the life-changing moment. </p> <p>"I just went quiet and finally said, ‘I’m here. I’m in shock. I’m going to need you to repeat that.’"</p> <p>The trial was being run at the University of Chicago Medicine Transplant Institute. </p> <p>While Islet cell transplants isn't a new procedure, the current anti-rejection medication used can be toxic to the transplanted cells, potentially making it less effective over time. </p> <p>The clinical trial that ran at the university tested out a new antibody called tegoprubart, which was given to Goedel and the two other patients. </p> <p>Tegoprubart is made from lab-made antibodies that trick the immune system into thinking the body made the cells on its own, preventing them from being rejected. </p> <p>The patients were then given islet cells from a deceased donor's pancreas, which were then infused into the patient's small blood vessels in their liver. Those cells then lodged into the blood vessels and started producing insulin. </p> <p>For Goedel the only side effect of the procedure was "feeling like I got punched in the ribs,"  with the procedure lasting just an hour. </p> <p>"The cure is out there," Goedel told the <em>Daily Mail. </em></p> <p>With her new lease on life, Goedel plans to go back to school and go horse riding without worrying about suffering an attack and causing an accident. </p> <p>"It took a while to get used to saying, 'I am cured. I am diabetes free.' It's been very freeing," she said.</p> <p>"No one should have to live with this disease. I know that now more than ever."</p> <p><em>Images: Good Morning America/ UChicago Medicine</em></p> <p> </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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Why is it so hard to cancel subscriptions or end ‘free’ trials? Report shows how companies trap you into paying

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/katharine-kemp-402096">Katharine Kemp</a>, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a></em></p> <p>Many businesses are trapping Australian consumers in paid subscriptions by making them hard to cancel, hiding important details and offering “free” trials that auto-renew with hefty charges. We need law reform to tackle this continuing problem.</p> <p><a href="https://cprc.org.au/report/let-me-out">A new report</a> shows 75% of Australian consumers have had negative experiences when trying to cancel a subscription, according to the Consumer Policy Research Centre (CPRC).</p> <p>It shows businesses use “<a href="https://www.wired.com/story/how-to-spot-avoid-dark-patterns/">dark patterns</a>”, which are designs that hinder consumers who try to act in their own best interests. Subscription traps are often called “<a href="https://www.ftc.gov/business-guidance/blog/2022/11/checking-out-ftcs-100-million-settlement-vonage">Hotel California</a>” techniques, referring to The Eagles’ famous lyric: “you can check out any time you want, but you can never leave”.</p> <p>In some of these cases, consumers may have remedies under our existing consumer law, including for misleading conduct. But we need law reform to capture other <a href="https://treasury.gov.au/consultation/c2023-430458">unfair practices</a>.</p> <p>In the meantime, the CPRC’s research also gives examples of businesses with <em>fair</em>, consumer-friendly subscription practices. These also benefit the business.</p> <h2>Examples of unfair subscription traps</h2> <p><a href="https://www.forbes.com/councils/forbesbusinessdevelopmentcouncil/2022/09/12/the-evolution-of-the-subscription-model-and-whats-on-the-horizon/">Subscription business models</a> have become common – many products are now provided in the form of software, an app or access to a website. Some of these would once have been a physical book, newspaper, CD or exercise class.</p> <p>Most people who use online services have experienced the frustration of finding a credit card charge for an unwanted, unused subscription or spending excessive time trying to cancel a subscription.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=3 2262w" alt="Infographic with a few statistics from the report." /></a><figcaption><span class="attribution"><a class="source" href="https://cprc.org.au/wp-content/uploads/2024/08/CPRC_LetMeOut_SubsTraps_Report_FINAL.pdf">CPRC, Let me out – Subscription trap practices in Australia, August 2024</a></span></figcaption></figure> <p>Businesses can make it difficult for consumers to stop paying for unwanted subscriptions. Some do this by allowing consumers to start a subscription with a single click, but creating multiple obstacles if you want to end the subscription.</p> <p>This can include obscuring cancellation options in the app, requiring consumers to phone during business hours or making them navigate through multiple steps and offers before terminating. The report points out many of the last-ditch discounts offered in this process are only short term. One survey respondent said:</p> <blockquote> <p>I wasn’t able to cancel without having to call up and speak to someone. Their business hours meant I had to call up during my work day and it took some time to action.</p> </blockquote> <p>Other businesses badger consumers with frequent emails or messages after they cancel. One respondent said a business made “the cancellation process impossible by making you call and then judging your reason for cancellation”.</p> <h2>What does consumer law say?</h2> <p>Some subscription traps already fall foul of the Australian Consumer Law and warrant investigation by the <a href="https://www.accc.gov.au/media-release/accc-warns-consumers-to-beware-of-subscription-traps">Australian Competition &amp; Consumer Commission</a> (ACCC). Consumers may have remedies where the business has engaged in misleading conduct or imposes an unfair contract term.</p> <p>For example, the ACCC is <a href="https://www.accc.gov.au/media-release/accc-court-action-against-eharmony-for-alleged-misleading-online-dating-membership-statements#:%7E:text=The%20ACCC%20has%20today%20commenced%20proceedings%20in%20the,the%20pricing%2C%20renewal%20and%20duration%20of%20its%20memberships.">suing dating site eHarmony</a> for its allegedly misleading subscription practices.</p> <p>In the United States, the Federal Trade Commission <a href="https://www.ftc.gov/news-events/news/press-releases/2024/06/ftc-takes-action-against-adobe-executives-hiding-fees-preventing-consumers-easily-cancelling">has filed a complaint against software company Adobe</a> for allegedly using dark patterns in its subscription practices.</p> <p>The Federal Trade Commission has alleged that “Adobe pushed consumers toward the ‘annual paid monthly’ subscription without adequately disclosing that cancelling the plan in the first year could cost hundreds of dollars”.</p> <p>Adobe <a href="https://news.adobe.com/news/news-details/2024/Adobes-Recent-Statement-Regarding-Updated-Federal-Trade-Commission-Complaint-/default.aspx">issued a statement</a> arguing the commission’s complaint “mischaracterises” its business. The litigation is ongoing.</p> <h2>We need an unfair practices prohibition</h2> <p>Some subscription traps would fall outside the existing consumer law. This is because they don’t meet the test for misleading conduct or unfair contract terms, but make it practically very difficult to cancel.</p> <p>The <a href="https://www.accc.gov.au/media-release/accc-welcomes-consultation-on-possible-unfair-trading-practices-regulatory-reforms">ACCC has advocated</a> for Australia to follow other countries such as the United Kingdom and the United States to enact an unfair practices prohibition to capture conduct like this.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=3 2262w" alt="" /></a><figcaption><span class="caption">The shift businesses can make today.</span> <span class="attribution"><a class="source" href="https://cprc.org.au/wp-content/uploads/2024/08/CPRC_LetMeOut_SubsTraps_Report_FINAL.pdf">CPRC, Let me out – Subscription trap practices in Australia, August 2024</a></span></figcaption></figure> <h2>Better practices benefit businesses too</h2> <p>The CPRC report also revealed that 90% of Australians would likely purchase from the same organisation if cancelling a subscription process was quick and simple.</p> <p>Businesses focused on a short-sighted cash grab fail to realise that consumers might cancel but later return if treated well.</p> <p>The CPRC highlights businesses that are doing a good job. For instance, the habit change app Atoms (based on James Clear’s book Atomic Habits) has a genuinely free trial. It doesn’t require credit card details, doesn’t auto-renew, and lets consumers know how many trial days remain.</p> <p>The CPRC says the charity World Vision doesn’t auto-renew annual sponsorships, but reminds supporters about when the sponsorship will lapse.</p> <p>Importantly, some businesses – such as Netflix – use their data for good in this context. They notice when users are paying for the service without using it and help them unsubscribe.</p> <p>These practices should be applauded. But we need an unfair practices prohibition for businesses who don’t follow suit and recognise the long-term benefits of treating customers fairly.<!-- 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/237236/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/katharine-kemp-402096">Katharine Kemp</a>, Associate Professor, Faculty of Law &amp; Justice; Lead, UNSW Public Interest Law &amp; Tech Initiative, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW 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/why-is-it-so-hard-to-cancel-subscriptions-or-end-free-trials-report-shows-how-companies-trap-you-into-paying-237236">original article</a>.</em></p> </div>

Money & Banking

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Woolies trial bold new "scan as you go" trolleys

<p>Woolworths shoppers will be able to scan their groceries when they go into their trolleys in an Australian-first trial of the tech carts. </p> <p>The Scan and Go carts are being trialled at a Woolworths in Windsor in western Sydney, with customers now able to scan items as they add them to their cart, eliminating time at busy checkouts. </p> <p>The technology, which has long been used in supermarkets overseas, utilises the already existing EverydayRewards cards, which allows access to a touchscreen that clips onto the trolley.</p> <p>As you peruse the aisles, shoppers then scan their items on the touchscreen as they go into the trolley, with the screen adding up the total of your groceries. </p> <p>Customers still have to pay at the checkout, but the supermarket says as the smart carts roll out, customers could eventually swipe their cards and pay directly at their trolley, cutting out the need for any time in line for tills. </p> <p>"The technology is co-created with one of our international partners [and is] home-grown in Australia, [we've] really been able to make sure it meets the Australian consumers needs," Woolies Managing Director Faye Ihan said.</p> <p>The high-tech system is meant to save shoppers time and money while doing their weekly grocery shop.</p> <p>"I actually have only been in here for half an hour I'd normally be here for over an hour," one customer who tried the smart cart told <em><a href="https://www.9news.com.au/national/woolies-trials-new-scan-as-you-go-trolleys/4e7e5c2d-04e9-4997-8a0e-0bb4bba8948d" target="_blank" rel="noopener">9News</a></em>.</p> <p>The company says the rollout won't impact employment, as Woolworths employees will conduct random checks of people shopping to make sure people don't exploit the system to steal.</p> <p>If the trial is successful, Woolworths says it will one day expand the smart carts to all Australian stories.</p> <p><em>Image credits: 9News</em></p>

Food & Wine

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Charlise Mutten's mother flees court in tears

<p>Charlise Mutten's mother has broken down and fled the courtroom in tears after being accused of murdering her nine-year-old daughter.</p> <p>Kallista Mutten was grilled by her ex-fiancé Justin Stein's lawyer on Tuesday about her excessive methamphetamine use, including while pregnant with his child.</p> <p>The grilling began when Carolyn Davenport SC accused her by saying, "You shot and killed your daughter", to which Ms Mutten replied, "Are you serious?"</p> <p>She then burst into tears, crying out "I didn't even know where she was shot" before Ms Davenport added that Mr Stein "had seen you deliver the second shot".</p> <p>After being excused from the witness box, Ms Mutten ran out of the courtroom in tears, while the jury were temporarily sent out.  </p> <p>The dramatic moment came after Ms Mutten admitted taking methamphetamine even when her daughter came to visit.</p> <p>Ms Mutten was being cross-examined on day 12 of Stein's trial, who has been charged with Charlise's murder in January 2022. </p> <p>The 40-year-old admitted to having psychotic episodes while on using ice and had continued to take the drug despite her Charlise's visit during the summer school holidays in 2022.</p> <p>She denied she and Charlise were not getting along in the days before her death, or that she had been told to leave the Stein's Mount Wilson property, and instead left of her own accord.</p> <p>"I chose to leave because I didn't want to be there any more. Yeah, I was very hormonal, I was pregnant. Yeah, I was using, yeah. My emotions were very strong at the time," she said.</p> <p>Stein, 33, has pleaded not guilty to murdering Charlise, but has admitted to disposing the schoolgirl's body.</p> <p><em>Image credits: Daily Mail / Facebook / Nine News</em></p>

Legal

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Former pilot accused of murder shares his version of events

<p>Former Jetstar pilot Greg Lynn has shared his version of events from the day Russell Hill and Carol Clay were allegedly murdered. </p> <p>Mr Lynn, who is on trial for the murders of the elderly campers, claimed Mr Hill, 74, knifed himself in a struggle after he accidentally shot his childhood sweetheart Ms Clay, 73, in the head.</p> <p>Police allege Mr Hill and Ms Clay were murdered while camping in the remote Wonnangatta Valley in Victoria's Alpine region more than four years ago, with Crown prosecutor Daniel Porceddu telling the jury at the opening of the trial exactly how and why Lynn allegedly killed the couple.</p> <p>"The precise circumstances of the killing are unknown, nor is the motivation," he said.  </p> <p>The jury heard it was most likely a dispute over the use Mr Hill's drone, as Mr Porceddu said, "There might have been an argument or confrontation between the men. It is not known how Mr Hill was killed."</p> <p>But in providing a brief defence, Lynn's barrister Dermot Dann KC, claimed Mr Hill and Ms Clay's death was the result of a tragic accident, telling the jury, "We say not a case of murder, this is a case of two accidental, tragic deaths."</p> <p>"Tragic accidental deaths in circumstances that were not of Mr Lynn's making and not of his choosing."</p> <p>Mr Dann told the jury that Mr Hill allegedly stole Lynn's shotgun after he became enraged about Lynn playing loud music on the night he was killed. </p> <p>The barrister then detailed how a fight over the gun ensued, which resulted in Mr Hill accidentally shooting Ms Clay in the head, as Mr Lynn tried to disarm him. </p> <p>Mr Dann said Lynn picked up the gun and fired its remaining ammunition into the air before being set upon by an enraged Mr Hill. </p> <p>"The next thing is Mr Hill's advancing towards him with a knife screaming at him 'she's dead'," Mr Dann said. </p> <p>"A struggle developed over the knife. Mr Lynn trying to defend himself - they're locked in this struggle - and as part of that struggle the two men fall to the ground  and the knife goes through the chest of Mr Hill."</p> <p>Upon his arrest, Mr Dann claimed Lynn co-operated with detectives, telling them where to find the bodies of the campers, and once again telling the jury that Mr Lynn is not guilty of murder or manslaughter.</p> <p class="mol-para-with-font" style="margin: 0px 0px 16px; padding: 0px; min-height: 0px;"><em>Image credits: Supplied / Facebook </em></p>

Legal

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Bombshell allegations in murder case of young school girl

<p>The man accused of murdering nine-year-old Charlise Mutten has claimed her mother was the one to pull the trigger. </p> <p>Justin Stein, 33, is facing trial for allegedly murdering Charlise in January 2022 at Mount Wilson, in the Blue Mountains west of Sydney.</p> <p>Nine-year-old Charlise was shot once in the head and once in the back, with her body recovered from a barrel dumped near the Colo River, four days after she was reported missing by her mother.</p> <p>On Monday, Stein formally pleaded not guilty to the charges, and has now alleged it was actually Charlise's mother who killed her and helped stuff her body in a barrel before lying to police. </p> <p>The court heard that Stein was in a relationship with Charlise's mother Kallista Mutten, as the pair met while both serving jail sentences. </p> <p>Both parties struggled with substance abuse, as Kallista had been using ice since she was in her early 20s, while Justin had been undergoing treatment for heroin addiction. </p> <p>Before the alleged murder, Stein and Kallista broke into a neighbour’s home near the Mount Wilson property, taking two firearms, crown prosecutor Ken McKay SC told the jury.</p> <p>Stein initially told police the girl may have been taken by unknown persons, but later told a corrections officer Kallista had shot and killed her daughter and that he had helped dispose of the body.</p> <p>According to Stein’s lawyer, Carolyn Davenport SC, Stein had been inside a shed on the Blue Mountains property when he heard a gunshot, and had gone outside to see Kallista shooting her daughter a second time.</p> <p>At the time of her death, Charlise was living with her grandparents at Tweed Heads, and had flown to Sydney on December 21st with plans to spend Christmas and New Year’s Eve with her mother and Stein.</p> <p><em>Image credits: ABC / NSW Police </em></p>

Legal

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Sam Kerr's alleged racial comments revealed by UK paper

<p>The legal controversy surrounding <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">Matildas star Sam Kerr </span><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">following allegations of racially charged remarks directed towards a police officer in London continues to unfold, after a UK newspaper published those alleged remarks. </span></p> <p>According to <a href="https://www.thesun.co.uk/sport/26401266/sam-kerr-football-charge-crime-police-fifa/" target="_blank" rel="noopener">The Sun</a>, Kerr allegedly called a police officer a "stupid white bastard" during a dispute over a taxi fare. The details emerged as Kerr faced charges for using insulting, threatening or abusive words towards the officer, causing alarm or distress. The seriousness of the allegations is underscored by the potential consequences, with Kerr facing a maximum sentence of two years' imprisonment if convicted.</p> <p>The incident is said to have taken place in January 2023 shortly after Kerr's remarkable performance in a Chelsea FA Cup victory, and Kerr has maintained her innocence, pleading not guilty to the charges brought against her.</p> <p>The delayed prosecution in Kerr's case has sparked speculation, with reports suggesting that determining the appropriate charge was a complex process for the Crown Prosecution Service. However, as the trial approaches, the focus shifts towards the legal proceedings and the evidence that will be presented in court.</p> <p>Throughout her career, Kerr has been a prominent figure in the fight against racism in sport. Her past actions, including posing with an Aboriginal flag alongside her Matildas teammates, reflect a commitment to promoting inclusivity and unity. Kerr's accolades both on and off the field have solidified her iconic status, making the allegations against her all the more surprising.</p> <p>In response to the controversy, Matildas coach Tony Gustavsson and Football Australia CEO James Johnson expressed their lack of prior knowledge regarding the incident. </p> <p>Prime Minister Anthony Albanese declined to comment directly on the matter, but said that Kerr's actions during her tenure as the national flag bearer exemplified pride and dignity. </p> <p>“I don’t comment on legal matters before Australian courts, let alone other ones,” Albanese said. “I will say this about my contact with Sam Kerr, she was our flag bearer at the coronation. My contact with her was exemplary. She did Australia proud at that time and I think that my contact with her has been nothing but delightful.”</p> <p><em>Images: Getty</em></p>

Legal

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Matildas captain Sam Kerr to face criminal trial

<p>Matildas superstar Sam Kerr has found herself at the centre of legal proceedings in London, as she pled not guilty to charges stemming from an alleged incident involving a police officer earlier this year.</p> <p>Kerr, aged 30, appeared before Kingston Crown Court via videolink to contest accusations of using insulting, threatening or abusive language towards a police officer in Twickenham on January 30.</p> <p>During the hearing, Kerr confirmed her identity and entered a "not guilty" plea to the charge, which was later confirmed by the Metropolitan Police. The specifics of the charge were outlined in a police charge sheet, citing Kerr for a racially aggravated offence under Section 4A of the Public Order Act 1986. The incident allegedly occurred during police intervention related to a complaint involving a taxi fare.</p> <p>The trial, slated to commence in February 2025, is expected to span four days, during which two police officers will provide evidence. Meanwhile, Football Australia (FA) has issued a statement acknowledging the legal proceedings involving Kerr, asserting their commitment to support all players both on and off the field. However, due to the ongoing legal nature of the situation, further comments were withheld.</p> <p>“Football Australia is aware of the legal proceedings involving Sam Kerr in the United Kingdom,” the statement read. “As this is an ongoing legal matter, we are unable to provide further comment at this time. Our focus remains on supporting all our players, both on and off the field. We will continue to monitor the situation and provide support as appropriate.”</p> <p>The announcement comes after Kerr's unfortunate sidelining from both club and international duties. Suffering an anterior cruciate ligament (ACL) injury during Chelsea's warm-weather training camp in Morocco, Kerr faces a prolonged period of rehabilitation, ruling her out of action for the foreseeable future. Her absence from the Matildas' lineup is particularly sorely felt, with preparations for the Paris Olympics underway.</p> <p>Despite the setback, Football Australia has not officially ruled Kerr out of contention for the Olympics. However, the typical recovery timeline for ACL injuries suggests a lengthy rehabilitation process, casting doubts on Kerr's participation in the upcoming tournament scheduled to begin on July 26.</p> <p><em>Images: Getty Images</em></p>

Legal

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“That’s insulting”: Brittany Higgins grilled over "fabricated" allegations

<p>Brittany Higgins has denied she lied when she accused Bruce Lehrmann of sexually assaulting her in Parliament House. </p> <p>Higgins was called to give evidence on Thursday, as part of Lehrmann's defamation suit against Lisa Wilkinson and Channel Ten, when she was grilled during cross-examination by Lehrmann’s barrister Steven Whybrow SC.</p> <p>“That is a fabrication that you were sexually assaulted,” Whybrow said.</p> <p>“I understand that is your assertion. It’s insulting but I understand it,” Higgins replied. </p> <p>Whybrow’s questioning revolved around how Higgins’ recollection of events changed between statements she gave to the police, in court, to journalists from Ten and a news website, and in the first draft of a book she sent to publisher Penguin Random House.</p> <p>One example was that the location of a box of chocolates eaten after the alleged rape had changed between versions.</p> <p>“I want to suggest to you that is an example of your evidence evolving as you find out new information,” Whybrow said.</p> <p>“No, I don’t accept that,” Higgins answered.</p> <p>She admitted giving incorrect statements to Wilkinson and Ten producer Angus Llewellyn during a five-hour interview conducted in January 2021, before she was filmed for bombshell <em>The Project</em> broadcast that first aired Brittany's story. </p> <p>These claims, which included what security did and what she was wearing after the alleged rape, were based on her beliefs at the time, the court was told.</p> <p>Lehrmann has also already given evidence in which he admitted to a number of lies and false statements he gave to police, Parliament House security, his employer and supervisor, and the media.</p> <p>Lehrmann is suing Lisa Wilkinson and Channel Ten for defamation, specifically citing a February 2021 report on <em>The Project</em> in which Higgins was interviewed and her sexual assault story made national headlines. </p> <p><em>Image credits: Getty Images </em></p>

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Bruce Lehrmann condemns damning inquiry and labels trial conduct as a "dark chapter"

<p>Bruce Lehrmann has expressed his strong disapproval of a damning inquiry into his rape trial, referring to it as "a dark chapter" in the justice system.</p> <p>In response to the inquiry's findings, Bruce Lehrmann has criticised the Director of Public Prosecutions, Shane Drumgold, for his conduct during the trial, stating that it was a troubling episode for the justice system.</p> <p>The former Liberal staffer, who intends to pursue a multimillion-dollar compensation claim over the trial's handling, commended his legal team, led by Steve Whybrow SC and Kamy Saeedi lawyers.</p> <p>Mr. Lehrmann stated to <a href="https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-slams-damning-inquiry-describes-trial-conduct-as-dark-chapter/news-story/b5b6ec06d5b435f8870a1e7d5b9ae4b8" target="_blank" rel="noopener">news.com.au</a>, "Much of what we are reading, my brilliant criminal defense team led by Steve Whybrow SC suspected all along. I owe everything to the lawyers who have surrounded me. This is overwhelming and alarming reading."</p> <p>He also acknowledged Mr. Sofronoff and his team for revealing the truth and shedding light on what he perceives as a dark chapter for the ACT Justice system. Mr. Lehrmann promised to share more details once the Chief Minister releases the full report to the public.</p> <p>The landmark inquiry found that the prosecution's legal initiation was appropriate, but it severely criticised Mr. Drumgold's actions during the trial.</p> <p>Walter Sofronoff KC, a former Supreme Court judge in Queensland, affirmed the lawfulness of the police's charges against Mr. Lehrmann and agreed that the Office of the Director of Public Prosecutions was justified in prosecuting based on the available evidence.</p> <p>It is essential to note that this finding does not reflect Mr. Lehrmann's guilt or innocence but focuses on the conduct of the police and the Office of the Director of Public Prosecutions.</p> <p>Mr. Lehrmann remains innocent under the law since he was never convicted, as the trial collapsed following an allegation of juror misconduct.</p> <p>However, the inquiry revealed damning evidence against Mr. Drumgold, accusing him of "knowingly lying" to the ACT Supreme Court regarding his alleged warning to Lisa Wilkinson concerning her Logies speech.</p> <p>The report uncovered unethical conduct by Mr. Drumgold, including his use of a note related to a discussion he had with Ms. Wilkinson just days before her speech.</p> <p><em>The Australian</em> newspaper <a href="https://www.theaustralian.com.au/nation/sofronoff-report-reveals-shane-drumgold-lied-during-bruce-lehrmann-rape-case/news-story/07d25b9c79364a10473806e3df48dfa7" target="_blank" rel="noopener">obtained a complete copy</a> of the extensive 600-page Sofronoff report, which confirmed the seriousness of the findings against Mr. Drumgold. This led Mr. Sofronoff to contemplate whether the DPP was suitable to continue holding the office.</p> <p>The inquiry was initiated after Mr. Drumgold wrote a letter to ACT Chief Police Officer Neil Gaughan in November 2022, demanding an inquiry and making "scandalous allegations" about political interference. However, the inquiry revealed that these allegations were baseless and untrue.</p> <p>The report further criticised Mr. Drumgold for not disclosing crucial material to the defence, which is a significant violation of the principle of disclosure in criminal litigation.</p> <p>Chief Justice Lucy McCallum's stern criticism of Ms. Wilkinson's Logies speech led to a four-month delay in the trial and sparked a firestorm of adverse publicity.</p> <p>The report favoured Ms. Wilkinson's account over Mr. Drumgold's, suggesting that he had knowingly lied to Chief Justice McCallum about his warning to the broadcaster.</p> <p>Mr. Sofronoff stated that while Ms. Wilkinson should have exercised caution in making the speech given the trial's proximity, Mr. Drumgold had a responsibility to the court and failed to act appropriately.</p> <p>In conclusion, the Sofronoff inquiry found significant misconduct on the part of Mr. Drumgold and raised concerns about the fairness of the trial conduct in Bruce Lehrmann's case.</p> <p><em>Images: Getty</em></p>

Legal

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No apologies: Ben Roberts-Smith breaks silence

<p>Former SAS soldier Ben Roberts-Smith has returned to Australia for the first time since losing his defamation case against Nine newspapers.</p> <p>Roberts-Smith touched down in Perth on June 14 and said he was shattered by the outcome of his defamation case against The Age, The Sydney Morning Herald and The Canberra Times.</p> <p>This is the first time he has spoken out publicly since the landmark ruling.</p> <p>"It was a terrible result and obviously the incorrect result. We will look at it and consider whether or not we need to file an appeal," Roberts-Smith said after landing in Perth.</p> <p>"There is not much more I can say about it ... we just have to work through it and I'll take the advice as it comes.”</p> <p>He was spotted checking into business class with his girlfriend in Queenstown, New Zealand prior to touching down in Perth.</p> <p>Roberts-Smith rules out apologising to families of the victims impacted by his actions in Afghanistan.</p> <p>"We haven't done anything wrong, so we won't be making any apologies," he said.</p> <p>As he was collecting his luggage at Perth airport, he was approached by a man who voiced his support for the former soldier.</p> <p>Roberts-Smith's return comes on the same day as reports that an Australian Federal Police investigation into his alleged war crimes had collapsed.</p> <p>The decision by the Commonwealth Director of Public Prosecutions not to prosecute Roberts-Smith based on evidence collected by the AFP has led to a new joint task force being assembled to investigate alleged executions.</p> <p>The task force is comprised of detectives from the specialist war crimes agency, the Office of the Special Investigator and a new team of federal police investigators not related to the abandoned AFP probe.</p> <p>Roberts-Smith did not appear in the Federal Court when a judge found allegations he murdered or was complicit in the killing of four unarmed Afghans while deployed overseas were "substantially true” in a bombshell defamation ruling.</p> <p>The former soldier insists there was never any foul play.</p> <p><em>Image credit: A Current Affair</em></p>

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Father of murdered Aussie soldier voices support for Ben Roberts-Smith

<p> The father of an Australian soldier murdered in Afghanistan has spoken out in defence of former SAS member Ben Roberts-Smith.</p> <p>Hugh Poate’s son, Robert, was playing cards with two other Australians when they were tragically shot by a rogue Afghan soldier named Hekmatullah in 2012.</p> <p>According to Poate, Roberts-Smith was simply following orders in a bid to apprehend Hekmatullah, who had brutally taken the lives of their son.</p> <p>Acting on intelligence, they were taken to the village of Darwan, where Roberts-Smith had allegedly kicked a farmer named Ali Jan off a cliff and ordered his execution.</p> <p>“These citizens in the village could well have been a civilian one day and pulling the trigger the next, that‘s the way the Taliban operated. This perspective should have been included to provide some balance and context,” Poate told the<em> Daily Telegraph</em>.</p> <p>The federal court <a href="https://www.oversixty.com.au/finance/legal/a-win-for-the-press-a-big-loss-for-ben-roberts-smith-what-does-this-judgment-tell-us-about-defamation-law" target="_blank" rel="noopener">dismissed</a> Roberts-Smith’s defamation trial against the <em>Sydney Morning Herald</em>, <em>The Age</em>, and the <em>Canberra Times</em>, with Justice Besanko concluding the various titles had substantially proven the former soldier unlawfully killed four unarmed Afghan prisoners during his service in the SAS between 2009 and 2012.</p> <p>The judgement also acknowledged instances of Roberts-Smith’s alleged bullying of fellow soldiers. However, the court dismissed two other murder allegations and an accusation that he had assaulted his mistress.</p> <p>In his thorough 736-page judgement, the judge determined that Roberts-Smith and four key witnesses called to testify were both dishonest and unreliable in their evidence.</p> <p>Following the release of the completed judgement, Roberts-Smith’s legal team is now closely inspecting the document to identify potential grounds for an appeal.</p> <p>Poate emphasised the fact that Hekmatullah was captured and convicted of war crimes and subsequently released. In comparison, Roberts-Smith <a href="https://www.oversixty.com.au/news/news/australian-war-memorial-urged-to-remove-ben-roberts-smith-s-uniform-from-display" target="_blank" rel="noopener">has not been convicted</a> of any war crimes. Potae perceives the treatment of Roberts-Smith as a case of double standards.</p> <p>Additionally, Poate asserted that the responsibility for any wrongdoing committed by the SAS in Afghanistan lies with others in the Australian Defence Force (ADF). By acknowledging the collective accountability within the organisation, Poate has suggested a wider perspective on the matter.</p> <p><em>Image credit: Getty</em></p>

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Decision reached over Ed Sheeran's copyright trial

<p>Ed Sheeran has emerged victorious from a lengthy legal battle that claimed he "ripped off" another popular song. </p> <p>Sheeran, 32, was being sued over his 2014 single <em>Thinking Out Loud</em> by Structured Asset Sales, who claim that Sheeran's hit took elements directly from Marvin Gaye's <em>Let's Get It On</em>.</p> <p>On Thursday, the court ruled that the British singer-songwriter did not plagiarise the song, with the jury of three men and four women only taking three hours to reach a decision.</p> <p>Sheeran stood up and hugged his team after jurors ruled that he “independently” created his song, as he stopped outside the courtroom to thank those who supported him through the legal battle. </p> <p>The pop star added he was “unbelievably frustrated that baseless claims like this” even make it to court.</p> <p>“I’m just a guy with a guitar who loves writing music for people to enjoy. I am not and will never allow myself to be a piggy bank for anyone to shake,” he said outside the court.</p> <p>Sheeran revealed he missed his grandmother’s funeral in Ireland as he sat through the “bogus” and “dangerous” lawsuit that claimed he stole key elements for his hit song.</p> <p>“These cords are common building blocks which were used to create music long before <em>Let’s Get it On</em> was written. Will be used to make music long after we are all gone,” Sheeran said.</p> <p>“They are a songwriter’s alphabet. Our toolkit. And should be there for all of us to use. No one owns them. Or the way they are played. In the same way nobody owns the colour blue.”</p> <p>Ed's victory comes after he declared that if he had lost the case, he would've <a href="https://oversixty.com.au/entertainment/music/i-m-done-why-ed-sheeran-is-threatening-to-quit-music" target="_blank" rel="noopener">quit</a> the music industry all together. </p> <p>Outside the court room on Monday when the court proceedings were still in progress, he expressed his exasperation over the case, and made a bold statement about the future of his career. </p> <p>"If that happens, I'm done, I'm stopping," Sheeran said, according to reports from <a title="People" href="https://people.com/music/ed-sheeran-done-if-he-loses-lets-get-it-on-copyright-lawsuit/" target="_blank" rel="nofollow noopener">People</a>.</p> <p>"I find it to be really insulting," Sheeran added. "I work really hard to be where I'm at."</p> <p><em>Image credits: Getty Images</em></p>

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