These real life stories of faulty justice may help in fault removal?

Could we become Sherlock Holmes for a moment?

Northern Territory’s Eyre’s Rock campgrounds, 1980, a young mother raised an alarm – a dingo (her word) was carrying her baby away from inside their tent. Thus began one of the more ignorant, destructive attacks by government and judicial bodies, on any young family in the history of Australia.

The original coroner and one or two of the involved police did their job professionally and did not contribute to the loathsome crime against this family. We now approach this case as it should have been approached when the good initial coroner delivered his report. ….. It will help to know something of that kaleidoscope of peoples known as Australian aboriginal.

“Australian aboriginal” is a confusing concept. These ‘people’ vary from full blood, some of whom might yet know how to throw a spear, to white skinned individuals who claim aboriginal status. In between we might expect to find communities with at least some full blood members – semi-europeanized but yet with one foot in the wilds. Such a group would have been at or associated with Eyre’s Rock in some way at the time. The aim, where feasible, is aboriginal control of such sites. Given that the full blood aboriginal tends to be shy to the point of paranoia and does not easily walk away from his hunting and his tribe to become a manager, speaker, or government officer in the ‘european’ sense, we can not assume the behaviour and attitude of everyone at or about Eyre’s Rock at that date to be ‘european’. We need not expect the attitude and behaviour to be what could be termed, mainstream ‘australian’.

Another ‘people’ who were not entirely mainstream ‘australian’ were Michael and Lindy Chamberlain, immigrants from New Zealand, presumably not having grown up with dingoes. They therefore did not know what the investigators and the judiciary subsequent to the initial coroner should have known. Should have known. Could have known. Pure or near-pure dingoes can not effortlessly, rapidly, silence and remove a normal sized baby.

Drag, perhaps, but dragging would require time – and the baby would scream. Near pure dingoes do not easily and quickly carry off babies. Some dogs introduced subsequent to European settlement are a different proposition. Aboriginals are born hunters – and some can be inseparable from their dogs. Dog breeds other than the dingo can and do carry off babies. It could be happening at this moment, somewhere in the world.

Lindy Chamberlain, ex New Zealander, familiar with the dingoes at the campsite, automatically assumed the retreating animal she glimpsed in the near darkness to be a dingo. She possibly believes it to this day. It is not rocket science and it never was rocket science. Dogs incapable of quickly seizing and silencing a baby do not quickly seize and silence babies.

Therefore the paramount aim of the investigation should have been to find a dog in the region which was capable of removing the baby as described. 

One might assume it may have been a dog which repetitively re-offended. Whether the person or perhaps group who owned or were responsible for a strong and known dangerous dog were black skinned or no, such an animal – not a common dingo – had access to the campground on the night the baby was carried off.

According to everyday or ‘european’ law it was to have been killed. The law was ignored. Lindy Chamberlain in the near darkness saw a killer hunting dog, retreating with something in its mouth. That animal belonged to a man/people with official status, Eyre’s Rock region. The belated, final discovery of baby clothing placed by humans near a dingo’s lair says it all. The only good news is that Azariah probably died quickly. And, no. As the good original coroner said, Azariah does not mean a sacrifice in the wilderness. That, however, is what she was – a sacrifice to ignorance, or, worse – to a cover-up. …….. .

Why aren’t the various Supreme Courts and the highest of all, the High Court of Australia, provided with a high quality ‘think tank’? In the author’s case (refer My Law Adventure) they were illiterate. Australia needs quality lawyers. Unstressed and relaxed. Are they overworked? Can they be provided with fact finders? Can they be obliged at least to have some understanding of a real world outside office buildings?

Whilst on the topic of dingo – which in Australian parlance can imply something akin to hyena or jackal:

In 2003, U.S. citizen Gabe Watson, a young man honeymooning with his attractive young wife on Queensland’s Barrier Reef, was found guilty effectively of murdering her for her life insurance money. In 2012, when finally the man and the affair were sanitised back in Alabama, a place where they actually do the right thing and execute wanton killers, the case was thrown out. No, the dingo was not beyond reasonable doubt the newlywed bridegroom. A turkey, perhaps (the author himself has been turkey enough) but on the balance of probabilities, no dingo.

Quoting Wikipedia, 18/06/21: Colin McKenzie, a key diving expert in the original investigation who had maintained that “a diver with Watson’s training should have been able to bring Tina up”, subsequently retracted much of his testimony after being provided with Tina and Gabe’s diver logs, certificates and medical histories, to which he had not previously had access. McKenzie claimed Gabe should not have been allowed in the water and never as a dive buddy for his wife, who had no open water scuba experience. Tina had heart surgery to correct an irregular heartbeat two years earlier but on her dive application had stated that she had never had heart problems or surgery.

Professor Michael Bennett, a leading expert in dive medicine, stated that Tina was unfit to dive without clearance from a cardiologist. Gabe had received his rescue certification, normally a four-day course, after completing a two-day course in an Alabama quarry. He had no rescue experience and little open water experience. According to McKenzie, “He had no hope of being competent, he could barely save himself [that day] let alone his wife; I don’t believe he intended to kill her.” …. . Alabama judge Tommy Nail … acquitted Gabe for lack of evidence without the defence needing to present its case. Nail said that the state’s evidence was “sorely lacking” and that the prosecution could not prove that Watson had any financial motive. Prosecutor Don Valeska said that this was the first time he had had a trial end in a judges acquittal in the 41 years he had been trying cases … .

Working our way toward the dingoes.

Wikipedia: The honeymooning couple chose to dive the popular yet difficult wreck of SS Yongala, a passenger ship that sank in 1911, even though Watson had limited open ocean experience and Tina had never dived in the ocean or below 9 metres. The dive company had offered an orientation and guided dive with a dive master, which both Tina and Gabe had refused. Company head Mike Ball said his people took Watson at his word, believing he was an experienced and certified rescue diver. The company later pleaded guilty to contravening safety standards (their code of conduct said both Gabe and Tina must be supervised by at least a dive master) and was fined ….. . END Wikipedia Extract.

So the professional Queensland investigators were unable with years of time and unending government funds to discover that Watson was unqualified except, in the setting, as a turkey. (Sherlock Holmes would have saved them a year’s work and half a million dollars by simply analysing Gabe’s confused gobblings — turkey panic v aloof, premeditated dingo silence.) In their prosecution they wasted unending funds but recouped a fraction thereof by fining and thereby slandering a dive company. A company without a fraction of the investigative resources of the government. Of course, if the prosecutor(s) had been on-site, they would have in the circumstances in which they have never been, have rocketed up above those circumstances, seen all, and halted proceedings. Proceedings all booked and paid for in advance. We all know they would have eyeballed the excited honeymoon couple and advised them they were going to be supervised in spite of their expressed contrary desires. Human rights? Dingoes prey on bereaved or even dead turkeys – and on Australian companies?

I asked a nearby grazier whether he knew anything of miscarriage of justice – he is one of those indispensable people, played rugby for Redcliffe, local rugby coach, chairman of a co-operative …. “I was falsely accused and they tried to put me out of business.” “What?” “Who?” “The government department handling vegetation.” “What trees have you been knocking down?”” “None.” Out of the blue he was charged with destroying protected trees. His solicitor advised him to plead guilty. This takes us straight to an alarming sickness pervading Australia. Lawyers out there are demoralised. I personally will have spoken in detail to twenty Queensland and New South Wales legal firms. Some of them are big names – especially in filing for damages. Against whom will some of these big names front up for damages? People such as ourselves. Anyone or anything, perhaps, barring a government department or a police force? Hyenas, attacking the weak, turning away when the big game arrive? Governments have endless money. Even if, as in Queensland’s case, it is borrowed at penalty rates – the Labour government having degraded the State’s credit rating. The honest lawyers who will take on a powerful or difficult adversary know it will cost the client too much. It cost ‘the surf groper in the order of a million dollars. So plead guilty. Allow injustice to prevail. They are afraid of their own government and legal system. With good reason. So this grazier pled guilty. Fined in the region of $25,000. He assumed it was all over. It was not. He was then served notice of prosecution in the region of $80,000. How did it transpire? He travelled to Rockhampton (again) for his new prosecution, but upon arrival was notified the case was dismissed. They had figuratively been holding the vegetation map upside down or something such. He was in fact compensated in some measure by the government. He had gone close to being ruined.

I asked an employee of a nearby coal mine about miscarriage of justice. More surprises. He himself had narrowly escaped. The coal mine management did not entirely escape. It had been obliged to specially hire a female to assist in the process of dismissing another female! This now dismissed female was so accustomed to accusing males, it was deemed wise not to involve a male in her dismissal. One of her targets for sexual harassment accusations had been the young man to whom I was speaking. It was deduced that the accusing female had developed a grudge against this man’s uncle on the basis of some missing cattle – so took it out on the nephew! We see here an example of the vexatious predicaments honest police and employers face every day. Nursemaids to the salvation of every supposedly disadvantaged class of society, slaves to carry out political correctness and save the world. As a result, good people who start out to help others can be unwillingly mired in falsity. Police especially. The Good Book has it: “If a ruler hearken to lies, all his servants are [obliged to become] wicked.” The premise of some more recent Australian laws, Labour States fielding a fair share, is self deception. Hearkening to lies. A classic example of a State making its public servants (and everyone else!) wicked is the Victorian anti-vilification laws — refer Wake Up Australia, on this site. Aiming to scam more votes, whilst getting yourself to Heaven? Easy. Make us all good, by devising legislation. Crush evil with legal.