WEBVTT - 15: A Shot to the System

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<v Speaker 1>This podcast contains information and details relating to suicide. We

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<v Speaker 1>urge anyone struggling with their emotions to contact Lifeline on

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<v Speaker 1>thirteen eleven fourteen thirteen eleven fourteen or visit them at

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<v Speaker 1>lifeline dot org dot AU. A twenty four year old

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<v Speaker 1>devoted mother of two fleeing a violent relationships am bags

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<v Speaker 1>packed car, running, her daughters strapped into the backseat.

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<v Speaker 2>Mom told me that she needed to go back inside

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<v Speaker 2>to grab something.

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<v Speaker 1>Panic.

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<v Speaker 3>Amy is dead, sir By, Amy's Dead?

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<v Speaker 1>Eight Confusion World.

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<v Speaker 3>About five minutes they said, n's a suicide.

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<v Speaker 4>One hundred percent.

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<v Speaker 1>This is emmersing. What do you think is really the

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<v Speaker 1>honest truth about Amy?

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<v Speaker 3>The Truth About Amy.

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<v Speaker 5>Episode fifteen. I'm Liam Bartlett and I'm Alison Sandy. In

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<v Speaker 5>season one of the Truth About Amy, we brought you

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<v Speaker 5>the case of a young mum attempting to flee a

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<v Speaker 5>violent relationship whose sudden death was quickly ruled a suicide.

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<v Speaker 5>Authorities failed to consider the possibility of murder, maintaining there

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<v Speaker 5>wasn't enough evidence of domestic violence. But as we now know,

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<v Speaker 5>they just weren't looking hard enough. We have photos.

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<v Speaker 1>Erin, I've got a photograph that I believe Amy sent

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<v Speaker 1>this to you via text.

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<v Speaker 6>That is it.

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<v Speaker 3>See I got told that they didn't find.

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<v Speaker 1>This, the police didn't find it. Yeah, well we did.

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<v Speaker 7>This is Amy saying, this is my.

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<v Speaker 5>Story, first hand accounts from friends who witnessed the violence,

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<v Speaker 5>even while Amy was nine months pregnant, and all I

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<v Speaker 5>saw was David with his hands around Amy's neck. We've

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<v Speaker 5>uncovered fresh evidence thanks to our listeners, and yeah, she

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<v Speaker 5>was dead. We'd been pigging and we'd like founder. Then

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<v Speaker 5>we had to burn the clothes because the cops were

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<v Speaker 5>chasing us.

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<v Speaker 8>No one talks about their plans for the rest of

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<v Speaker 8>the week and the next day.

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<v Speaker 6>To then go and do that.

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<v Speaker 5>And we know that Amy had formulated a plan to

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<v Speaker 5>escape with her daughters.

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<v Speaker 3>And she was excited. It was almost done and she

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<v Speaker 3>was ready to get the girls out.

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<v Speaker 5>Internationally renowned crime scene expert Scott rode A weighed in, So.

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<v Speaker 9>The left hand can't pull the trigger, the right can

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<v Speaker 9>can't pull the trigger, and.

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<v Speaker 1>As an investigator, Liam is becoming pretty she then pull

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<v Speaker 1>the trigger.

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<v Speaker 5>He's now the third independent expert to conclude that Amy

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<v Speaker 5>could not have killed herself, as well as officers. First

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<v Speaker 5>on seeing I said this is suspicious. This is just

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<v Speaker 5>not a suicide.

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<v Speaker 1>But both your colleagues agreed with you.

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<v Speaker 7>Yes, oh yea one hundred percent And to this.

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<v Speaker 5>Day now Wa Police has reopened the investigation and the

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<v Speaker 5>Director of Public Prosecutions will decide whether there's enough to proceed.

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<v Speaker 6>This has to go to trial. There's enough evidence to

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<v Speaker 6>prove that someone killed Amy.

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<v Speaker 5>The truth must come out.

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<v Speaker 1>And welcome to season two of The Truth About Amy.

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<v Speaker 5>Welcome back out, good Aliam. It's a pleasure to be back.

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<v Speaker 1>Nice to have our podcast back. And hopefully, as we've

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<v Speaker 1>been saying all last year, most of last year, to

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<v Speaker 1>get a result. That's what we're here for. But so

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<v Speaker 1>much has happened, hasn't it since our last episode?

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<v Speaker 5>It really is. I mean, you were here for it,

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<v Speaker 5>weren't you. The election?

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<v Speaker 1>The WA election. Yeah, Premier Roger Cook now in his

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<v Speaker 1>own right, romped it in with a resounding victory and

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<v Speaker 1>that election and is now, as they say, out of

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<v Speaker 1>Mark McGowan's shadows. So he'll be very.

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<v Speaker 10>Happy, accompanied by his wife Carl and adult children.

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<v Speaker 1>Labor has a new hero. Good evening Friends.

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<v Speaker 5>David Simmons finally fronted the court. Although it seems like

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<v Speaker 5>he had to be in prison for that to occur.

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<v Speaker 5>He didn't actually turn up.

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<v Speaker 1>That was amazing, wasn't it. We'll talk more about that

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<v Speaker 1>in just a moment. The other thing that's happened, of course,

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<v Speaker 1>with the Premier Cook now running a new cabinet announcing

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<v Speaker 1>a new lineup, is that there is a new police minister. Yes,

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<v Speaker 1>but anyway, we'll talk more about that too. But perhaps

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<v Speaker 1>the most significant story of the year so far happened

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<v Speaker 1>in February when WA's top cop, Cole Blanche, the Commissioner

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<v Speaker 1>admittedale that his police force had well and truly, to

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<v Speaker 1>use the vernacular, stuffed up the handling of the Mark

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<v Speaker 1>Bombarra case.

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<v Speaker 5>Yeah, a bit of a change in tune from when

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<v Speaker 5>he was asked about it at the start, but let's

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<v Speaker 5>have a listen to that.

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<v Speaker 2>Returning now to our leads story, the Commissioner has admitted

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<v Speaker 2>the WA police force failed in the weeks before Jennifer

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<v Speaker 2>and Gretel Pateelche's were murdered in their flory at home

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<v Speaker 2>last May. Cole Blanche spoke today alongside the gunman's daughter,

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<v Speaker 2>Ariel Bombara. The bombshell report into the killings found eight

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<v Speaker 2>officers failed to effectively perform their duties, James Carmody has more.

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<v Speaker 1>So before we continue, it's worth noting the significance of

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<v Speaker 1>the Bombarra story and what we've learned from it. Now

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<v Speaker 1>we already knew Amy's case and the way it was

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<v Speaker 1>treated by authorities. We knew that wasn't an anomaly, but

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<v Speaker 1>examining just how and why Mark Bombara was able to

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<v Speaker 1>do what he did is I think pretty critical in

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<v Speaker 1>understanding the current cop culture here in the West and

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<v Speaker 1>the level of integrity of those at the top. Now,

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<v Speaker 1>Amy's family is still fearful and not without reason, I

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<v Speaker 1>think fair to say the focus of WA Police in

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<v Speaker 1>reinvestigating Amy's death is more about being seen to do

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<v Speaker 1>the right thing rather than actually doing it.

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<v Speaker 5>Yeah, we're at a critical juncture with Amy's case, rightly,

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<v Speaker 5>so it's being re examined by WA Police. So now

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<v Speaker 5>our listeners, who are very vocal on social media if

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<v Speaker 5>you're not already please follow us on Facebook and Instagram,

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<v Speaker 5>will undoubtedly all agree their cynicism is not unreasonable.

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<v Speaker 1>No, I don't think it's unreasonable either, which brings us

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<v Speaker 1>back to the Bombara tragedy and the way it unfolded

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<v Speaker 1>has been voluntarily laid out in this new report, and

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<v Speaker 1>for the very first time we're able to see the

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<v Speaker 1>issues at the center of modern day policing playing out

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<v Speaker 1>almost as if in slow which gives us a sort

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<v Speaker 1>of post mortem on WA police, detailing every aspect that

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<v Speaker 1>tragically went wrong. Now to be Devil's advocate for a moment,

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<v Speaker 1>the issues being experienced by police in Western Australia are

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<v Speaker 1>not dissimilar to those from other states. And we've said

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<v Speaker 1>this before right that handling DV related cases, domestic violence

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<v Speaker 1>related cases is not easy for any police force in

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<v Speaker 1>any part of not just Australia or Australia's jurisdictions, but

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<v Speaker 1>the entire world. It's a very difficult thing. But the

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<v Speaker 1>difference here, I think in WA, as it seems, is

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<v Speaker 1>the force's appetite for change and to get better and

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<v Speaker 1>to actually reform so that these things have a much

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<v Speaker 1>lower chance of happening again. It's much more reticent, I

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<v Speaker 1>think in Western Australia than that of their counterparts in

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<v Speaker 1>New South Wales and also in Queensland, which we've seen

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<v Speaker 1>some substantial changes for the better, but thanks to a

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<v Speaker 1>very very brave lady, and I think that's probably an understatement,

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<v Speaker 1>but the very vocal Ariel Bombara, we know that her

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<v Speaker 1>father Mark was a time bomb waiting to go off,

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<v Speaker 1>and when that happened, he made sure that he caused

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<v Speaker 1>maximum damage. Now it's not to say that his actions

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<v Speaker 1>were premeditated, so let's not get that confused. He was

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<v Speaker 1>just completely unhinged and as Ariel had warned, any degree

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<v Speaker 1>of disappointment or distress could set him off, and that's

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<v Speaker 1>exactly what happened, and as we now know, death and

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<v Speaker 1>destruction lay in his wake. Now there was no chance

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<v Speaker 1>of justice. All that was left to do was to

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<v Speaker 1>pick up the pieces, microanalyze everything that happened, and put

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<v Speaker 1>in whatever safeguards possible to prevent it from happening again.

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<v Speaker 1>So a complete investigation was inevitable and ultimately there'd be

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<v Speaker 1>no hiding the fact that those responsible, whose core responsibility

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<v Speaker 1>was to protect the community. I remember, that's what police

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<v Speaker 1>officers al are sworn to do.

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<v Speaker 9>Right.

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<v Speaker 1>That's the difference. Because we talk about duty of care

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<v Speaker 1>in lots of different workplaces, don't we these days. It's

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<v Speaker 1>a bit of a key phrase, But for the police,

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<v Speaker 1>it's the ultimate They are sworn under oath to protect.

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<v Speaker 1>That's their whole rais ondetra. That's it, that's their job,

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<v Speaker 1>and in this case they utterly and completely failed. That's

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<v Speaker 1>not going too far. But before I get two worked up,

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<v Speaker 1>let's return to James Carmody from the seven Perth newsroom,

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<v Speaker 1>who covered the investigation report's release on the day, good afternoon.

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<v Speaker 11>This report makes a series of important findings and recommendations

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<v Speaker 11>about how WA police deal with the victims of family

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<v Speaker 11>and domestic violence, and how police let down Ariol Bombara

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<v Speaker 11>and her mother when they came to officers and warned

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<v Speaker 11>them that Mark bomb Barra was dangerous and armed, just

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<v Speaker 11>weaked before he shot dead his wife's friend and her

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<v Speaker 11>daughter in Floreat Jennifer and Gretel Petelcher's here's what Ariel

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<v Speaker 11>Bombara had to say about her dealings with officers.

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<v Speaker 6>We told you that he was going to murder us.

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<v Speaker 6>So did you not believe us or did you just

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<v Speaker 6>not give a shit? I can have empathy for human

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<v Speaker 6>beings making mistakes, but that is a lot of human

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<v Speaker 6>beings making a lot of mistakes.

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<v Speaker 11>The report details that fifteen officers in total had direct

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<v Speaker 11>dealings with arial Bombara and her mother and more than

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<v Speaker 11>half of them. Eight officers failed in performing their duties

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<v Speaker 11>to varied levels of seriousness. None were sacked, but they

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<v Speaker 11>have all received internal disciplinary action, the details of which

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<v Speaker 11>have not been made public. Commissioner Cole Blanche says he's

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<v Speaker 11>confident his officers do care, but they failed and were

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<v Speaker 11>also failed themselves by a system that isn't working, failures

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<v Speaker 11>that let the Bombarra family down. From the time Ariel

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<v Speaker 11>and her mother first walked into me You're a Book

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<v Speaker 11>at police station and told officers they feared Mark Bombara

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<v Speaker 11>would use his licensed firearms to murder them, and she.

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<v Speaker 7>Said, if Mum and I came in screaming and bleeding,

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<v Speaker 7>it would have made a very different outcome.

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<v Speaker 1>I've got to agree with that.

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<v Speaker 7>That's why we've got our risk assessment wrong, because two

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<v Speaker 7>composed professional people came in and said the same thing

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<v Speaker 7>and we didn't see it. We got it wrong. But

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<v Speaker 7>I own that system and it's my job to fix it,

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<v Speaker 7>and my job is to support our officers so we

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<v Speaker 7>never do it again.

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<v Speaker 11>The report makes eighteen recommendations. Eleven are complete, seven are

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<v Speaker 11>still in progress.

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<v Speaker 5>Just a bit of background here. Bombara was licensed to

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<v Speaker 5>own thirteen guns at the time of his murderous rampage

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<v Speaker 5>thirteen thirteen. He was licensed for thirteen. Yes, yes, he

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<v Speaker 5>was unbelievable. The book Government has since passed new firearm

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<v Speaker 5>laws restricting license holders two between five and ten firearms,

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<v Speaker 5>as well as the requirement for mental health checks and

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<v Speaker 5>mandatory safety training. Other recommendations include the immediate removal of

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<v Speaker 5>a person's firearms when a report of family or domestic

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<v Speaker 5>violence has been made against them, and the introduction of

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<v Speaker 5>a family violence coordinator to be present at the WA

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<v Speaker 5>Police State Operations Command Center at all times to allow

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<v Speaker 5>officers to see expert advice. So what's the significance of

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<v Speaker 5>this in the context of Amy. Well, as you know,

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<v Speaker 5>Amy's case was also mishandled by police officers, and this

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<v Speaker 5>has been accepted and acknowledged by WA Police. But there's

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<v Speaker 5>a new twist to our investigation, something admittedly we suspected

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<v Speaker 5>but now have proof. In order to show you though,

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<v Speaker 5>we have to provide some context and explore the handling

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<v Speaker 5>of other cases so that you can see how it

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<v Speaker 5>works in Western Australia and indeed in many other police jurisdictions.

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<v Speaker 5>In Season one, we touched upon the brotherhood and the

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<v Speaker 5>pressure put on officers to conform, but at the time

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<v Speaker 5>we didn't really understand all the inner machinations and internal

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<v Speaker 5>politics of the season will reveal what it's like to

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<v Speaker 5>be a police officer in the wild West. But before

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<v Speaker 5>we go into all that, let's lay the foundation. He's

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<v Speaker 5>Commissioner cole Blanche again. This time, though he's talking less

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<v Speaker 5>than a week after the tragedy.

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<v Speaker 7>The information that the police had on the night, the

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<v Speaker 7>circumstances would not have met the threshold of a seventy

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<v Speaker 7>to our police order. There was a family violence incident

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<v Speaker 7>report submitted, so it did I know, there are suggestions

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<v Speaker 7>that we did not act. We did act.

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<v Speaker 5>Now we all know hindsight is twenty twenty, but there

0:13:33.200 --> 0:13:36.040
<v Speaker 5>really seems to be a stark difference between what cole

0:13:36.120 --> 0:13:39.079
<v Speaker 5>Blanche said a week after the incident to what he

0:13:39.200 --> 0:13:42.240
<v Speaker 5>said almost a year later after the report. What do

0:13:42.320 --> 0:13:43.480
<v Speaker 5>you think, LIAMB Yeah, well.

0:13:43.400 --> 0:13:44.679
<v Speaker 1>I'm I'm glad you asked that.

0:13:44.800 --> 0:13:44.959
<v Speaker 7>Olt.

0:13:45.080 --> 0:13:50.040
<v Speaker 1>I mean, you know, this is a classic. It won't

0:13:50.080 --> 0:13:53.720
<v Speaker 1>surprise many of our listeners that this is a constant,

0:13:53.920 --> 0:13:59.160
<v Speaker 1>isn't it. This is all about stand and rebut defend, defend, defend,

0:13:59.520 --> 0:14:04.280
<v Speaker 1>no matter what. So as soon as something happens, no

0:14:04.440 --> 0:14:08.000
<v Speaker 1>matter what you think or believe or any of the

0:14:08.040 --> 0:14:10.840
<v Speaker 1>potential scenarios, just get up there and say, we didn't

0:14:10.840 --> 0:14:13.800
<v Speaker 1>do anything wrong, nothing happened. You know, nothing to see here, folks,

0:14:13.880 --> 0:14:16.200
<v Speaker 1>Please move on. This is this part of the culture

0:14:16.240 --> 0:14:19.840
<v Speaker 1>that we're talking about. And then, obviously, after an investigation

0:14:19.960 --> 0:14:23.440
<v Speaker 1>that's done by an independent body or authority of some

0:14:23.600 --> 0:14:27.840
<v Speaker 1>description that is detailed in its analysis that then you

0:14:27.960 --> 0:14:29.720
<v Speaker 1>can't stand up and say the same thing, can you.

0:14:30.160 --> 0:14:33.320
<v Speaker 1>You have to respond to what the conclusions are. And

0:14:33.400 --> 0:14:36.640
<v Speaker 1>obviously cole Blanche has been caught in that classic pincer

0:14:37.280 --> 0:14:41.040
<v Speaker 1>where he has to then say, okay, well we got

0:14:41.080 --> 0:14:45.000
<v Speaker 1>it wrong. Now we apologize. Now we say we're going

0:14:45.080 --> 0:14:49.160
<v Speaker 1>to reform. You know, let's go through exactly what happened.

0:14:49.200 --> 0:14:57.960
<v Speaker 1>So here's two level headed, articulate, smart, distressed women telling

0:14:58.000 --> 0:15:03.080
<v Speaker 1>police on several occasions that a dangerous, gun wielding, violent

0:15:03.240 --> 0:15:08.520
<v Speaker 1>man with deteriorating mental health issues is going to kill them.

0:15:09.720 --> 0:15:12.800
<v Speaker 1>Not only that, on top of that, they are related

0:15:12.840 --> 0:15:16.480
<v Speaker 1>to him. One is the wife and the other one

0:15:16.560 --> 0:15:18.880
<v Speaker 1>is the daughter. So that to me, that makes even

0:15:19.000 --> 0:15:25.560
<v Speaker 1>more impact on what they're saying, and that that plea

0:15:25.680 --> 0:15:32.480
<v Speaker 1>for help doesn't even warrant a seventy two hour protection order. Now,

0:15:32.800 --> 0:15:34.840
<v Speaker 1>just you know, think about that in your mind for

0:15:34.880 --> 0:15:39.040
<v Speaker 1>a moment. I mean, let's put it another way. An angry, cruel,

0:15:39.680 --> 0:15:44.920
<v Speaker 1>vicious abuse of sick mentally sick and a rational man

0:15:45.720 --> 0:15:49.160
<v Speaker 1>remains free and in possession of a loaded gun. And

0:15:49.240 --> 0:15:52.320
<v Speaker 1>as you've just pointed out out, he had no less

0:15:52.360 --> 0:15:56.000
<v Speaker 1>than thirteen registered firearms. So the police can dial that

0:15:56.120 --> 0:15:59.320
<v Speaker 1>up on a computer at any moment, any instant, in

0:15:59.440 --> 0:16:03.680
<v Speaker 1>any police station around Western Australia, so they know exactly

0:16:03.680 --> 0:16:05.960
<v Speaker 1>what they're dealing with, right, they know how many guns

0:16:06.000 --> 0:16:11.400
<v Speaker 1>he's got. But this bloke, this bloke is still permitted

0:16:11.480 --> 0:16:14.280
<v Speaker 1>and this is not overstating it to threaten the lives

0:16:14.360 --> 0:16:17.680
<v Speaker 1>of his family, because his family is telling the police

0:16:17.680 --> 0:16:20.240
<v Speaker 1>that he's threatening them and nothing is done about it.

0:16:20.840 --> 0:16:23.400
<v Speaker 1>So even before an investigation, you've got to be thinking,

0:16:23.440 --> 0:16:26.440
<v Speaker 1>hang on, hang on, there's something wrong here, isn't there.

0:16:26.920 --> 0:16:29.560
<v Speaker 1>He's got to be something wrong with that process if

0:16:29.600 --> 0:16:34.240
<v Speaker 1>you've got half a brain. But the Commissioner WA Police says, no,

0:16:34.680 --> 0:16:39.000
<v Speaker 1>they took appropriate action, that's what he said, And this

0:16:39.160 --> 0:16:42.560
<v Speaker 1>is even with the rear view mirror having been cleaned,

0:16:42.600 --> 0:16:46.280
<v Speaker 1>because at that stage when he said that, remember two

0:16:46.360 --> 0:16:49.600
<v Speaker 1>people were dead. So he then goes on to defend

0:16:49.640 --> 0:16:53.040
<v Speaker 1>his officer's actions or inaction, saying an internal investigation is

0:16:53.120 --> 0:16:58.440
<v Speaker 1>underway as some sort of acquiescence on his part. That's

0:16:58.480 --> 0:17:01.680
<v Speaker 1>sort of something from nineteen sixty eight. I don't worry,

0:17:02.240 --> 0:17:05.520
<v Speaker 1>internals are looking after it. It'll be fine, because that's

0:17:05.560 --> 0:17:08.400
<v Speaker 1>meant to make you feel better. Then six months later,

0:17:08.480 --> 0:17:11.080
<v Speaker 1>the Commissioner again fronts the media following the conclusion of

0:17:11.119 --> 0:17:14.800
<v Speaker 1>the investigation, which is undertaken by WA Police but overseen

0:17:14.840 --> 0:17:20.159
<v Speaker 1>by the Triple C, by the State Coroner and the Ombudsman, acknowledging,

0:17:20.600 --> 0:17:24.320
<v Speaker 1>as we've just discussed our yes, mistakes were made. And

0:17:24.440 --> 0:17:28.200
<v Speaker 1>this is after the investigation report states very very clearly

0:17:28.280 --> 0:17:33.720
<v Speaker 1>and concisely WA Police is completely to blame and eighteen

0:17:34.240 --> 0:17:38.040
<v Speaker 1>new recommendations will be introduced to minimize the risk of

0:17:38.200 --> 0:17:41.400
<v Speaker 1>this ever happening again. I mean, does he have any

0:17:41.440 --> 0:17:44.440
<v Speaker 1>other choice but to copy it on the chin? Clearly not?

0:17:45.200 --> 0:17:51.800
<v Speaker 1>Clearly not, And that's what worries me. So does what's right,

0:17:53.920 --> 0:17:56.200
<v Speaker 1>what the right actions are? Does that have to be

0:17:56.320 --> 0:18:00.359
<v Speaker 1>completely spelled out to WA Police before they do do

0:18:00.680 --> 0:18:05.560
<v Speaker 1>the right thing. That's the very simple question. It sounds

0:18:05.600 --> 0:18:07.760
<v Speaker 1>like something out of an episode of the Simpsons, but

0:18:09.359 --> 0:18:12.800
<v Speaker 1>it's pretty obvious. I have a copy of the internal

0:18:12.880 --> 0:18:16.000
<v Speaker 1>investigation report, not the full one that wasn't released publicly,

0:18:16.160 --> 0:18:18.840
<v Speaker 1>but the sanitized one given to the media, and that's

0:18:18.880 --> 0:18:21.200
<v Speaker 1>bad enough. And it starts with the summary of WA

0:18:21.240 --> 0:18:27.800
<v Speaker 1>Police's contact with Ariel Bombara and her mother Rowena, including

0:18:28.520 --> 0:18:30.399
<v Speaker 1>here we go, I'll give you this in bullet points.

0:18:31.040 --> 0:18:34.359
<v Speaker 1>Their initial attendance at mirror Booker Police Station, then a

0:18:34.440 --> 0:18:38.000
<v Speaker 1>telephone call from Ariel to Perth Police Station while she

0:18:38.160 --> 0:18:42.320
<v Speaker 1>was still at mirror Booker Police Station. A subsequent telephone

0:18:42.359 --> 0:18:47.000
<v Speaker 1>call from Ariel to the Perth Family Violence Team, then

0:18:47.080 --> 0:18:51.840
<v Speaker 1>the triage process by the Fremantle Family Violence Team, then

0:18:51.920 --> 0:18:56.320
<v Speaker 1>the police attendants at the Bombara family home to allow

0:18:56.480 --> 0:19:00.439
<v Speaker 1>Ariel and her mum to retrieve personal items, and finally,

0:19:00.560 --> 0:19:04.159
<v Speaker 1>last but not least, the inability of support services to

0:19:04.320 --> 0:19:09.200
<v Speaker 1>contact the Bombarra family to provide follow up support. So literally,

0:19:09.280 --> 0:19:11.040
<v Speaker 1>you know, if you go around the monopoly board, it's

0:19:11.280 --> 0:19:14.920
<v Speaker 1>from start to go, you do the full lap. Do

0:19:15.080 --> 0:19:16.480
<v Speaker 1>not pass anything straight to jail.

0:19:16.520 --> 0:19:16.760
<v Speaker 6>I mean.

0:19:17.200 --> 0:19:20.640
<v Speaker 1>The report states that WA Police was warned on multiple

0:19:20.680 --> 0:19:24.120
<v Speaker 1>occasions about the risk post by Mark Bombara, and those

0:19:24.200 --> 0:19:28.120
<v Speaker 1>warnings were legitimate. That's what the report says. Now that's

0:19:28.160 --> 0:19:32.760
<v Speaker 1>not me. I'll say that again. Those warnings were legitimate.

0:19:33.800 --> 0:19:36.200
<v Speaker 1>That's what the report says. So I think what they're

0:19:36.200 --> 0:19:38.960
<v Speaker 1>saying here is that what they were told at the time,

0:19:39.119 --> 0:19:42.240
<v Speaker 1>as opposed to what they know now was enough. It

0:19:42.480 --> 0:19:45.479
<v Speaker 1>was enough to meet the threshold of the seventy two

0:19:45.600 --> 0:19:48.480
<v Speaker 1>hour police order. And it goes on to say WA

0:19:48.600 --> 0:19:51.359
<v Speaker 1>Police was aware that and I'll give you these in

0:19:51.640 --> 0:19:56.280
<v Speaker 1>headline form again, Ariel's parents had recently split. WA Police

0:19:56.359 --> 0:19:59.840
<v Speaker 1>knew that. WA Police also knew Ariel and her mum

0:20:00.080 --> 0:20:04.159
<v Speaker 1>feared Mark Bombarra's mental state was deteriorating, partly due to

0:20:04.200 --> 0:20:08.680
<v Speaker 1>a recent minor stroke, and he was capable of murdering them.

0:20:08.960 --> 0:20:09.840
<v Speaker 5>That's a big one, isn't it.

0:20:11.240 --> 0:20:13.320
<v Speaker 1>WA Police also was aware that they had a long

0:20:13.440 --> 0:20:17.600
<v Speaker 1>history of abusive, controlling and coercive behavior which was escalating.

0:20:18.280 --> 0:20:20.520
<v Speaker 1>They were also aware that, as well as access to

0:20:20.600 --> 0:20:25.359
<v Speaker 1>licensed firearms and a history of not securing them properly.

0:20:25.440 --> 0:20:28.040
<v Speaker 1>That was all on the record and WA Police was

0:20:28.119 --> 0:20:31.080
<v Speaker 1>also aware that they were concerned that one of his

0:20:31.280 --> 0:20:35.200
<v Speaker 1>guns could not be accounted for. How many more red

0:20:35.240 --> 0:20:36.000
<v Speaker 1>flags do you need?

0:20:36.680 --> 0:20:36.720
<v Speaker 9>So?

0:20:37.359 --> 0:20:40.359
<v Speaker 1>The report concluded, have a listened to this.

0:20:40.920 --> 0:20:45.639
<v Speaker 12>WA Police attended approximately sixty thousand family and domestic violence

0:20:45.720 --> 0:20:49.720
<v Speaker 12>related matters in twenty twenty four, often involving dangerous and

0:20:49.840 --> 0:20:54.400
<v Speaker 12>complex circumstances. Whilst officers endeavored to make the best decision

0:20:54.480 --> 0:20:58.600
<v Speaker 12>every time, the consequences of wrong decisions can be catastrophic.

0:20:59.119 --> 0:21:03.800
<v Speaker 12>Police systems, policies and procedures must provide clarity to officers

0:21:04.040 --> 0:21:07.200
<v Speaker 12>so they can make the best decision in every circumstance.

0:21:07.960 --> 0:21:11.159
<v Speaker 12>WA Police have completed eleven of the recommendations and are

0:21:11.200 --> 0:21:14.119
<v Speaker 12>progressing well with the remaining seven. We are committed to

0:21:14.160 --> 0:21:19.080
<v Speaker 12>implementing all eighteen recommendations, supported by the highly valued input

0:21:19.160 --> 0:21:22.800
<v Speaker 12>and guidance from specialist women's domestic and family violence services

0:21:23.200 --> 0:21:28.280
<v Speaker 12>and those with lived experience. The Bombara and Patelchez families

0:21:28.320 --> 0:21:30.600
<v Speaker 12>have met with the Commissioner of Police to discuss the

0:21:30.680 --> 0:21:35.040
<v Speaker 12>outcomes of this investigation. The Commissioner has personally apologized to

0:21:35.080 --> 0:21:38.240
<v Speaker 12>the families for the shortcomings of the police response. Repeat

0:21:38.280 --> 0:21:41.240
<v Speaker 12>offenders who cannot demonstrate a change in their behavior have

0:21:41.440 --> 0:21:44.760
<v Speaker 12>no place in our community and police will always recommend

0:21:44.800 --> 0:21:47.000
<v Speaker 12>to the courts that they remain in prison.

0:21:55.880 --> 0:21:58.119
<v Speaker 1>Thank you everyone, Thank you for being here now, just

0:21:58.160 --> 0:22:02.240
<v Speaker 1>so you're getting the full picture. Here included almost everything

0:22:02.359 --> 0:22:05.880
<v Speaker 1>that Commissioner Blanche had to say at that media conference

0:22:06.200 --> 0:22:07.280
<v Speaker 1>on the first of February.

0:22:07.600 --> 0:22:11.959
<v Speaker 7>Sadly, we estimate only twenty percent of victims of domestic

0:22:12.080 --> 0:22:17.440
<v Speaker 7>violence report those incidents to police. Eighty percent of those

0:22:18.040 --> 0:22:20.600
<v Speaker 7>in a violent relationship are often living in silence.

0:22:21.160 --> 0:22:24.720
<v Speaker 1>So, going back to those stats, the statistics cited in

0:22:24.800 --> 0:22:31.400
<v Speaker 1>the report, WA police attended sixty thousand DV incidents.

0:22:31.960 --> 0:22:35.560
<v Speaker 5>That figure is incredible, Liam. So dividing that by the

0:22:35.680 --> 0:22:38.600
<v Speaker 5>number of days in a year, it equates to police

0:22:38.680 --> 0:22:41.879
<v Speaker 5>attending about one hundred and sixty five a day. But

0:22:42.000 --> 0:22:44.600
<v Speaker 5>that's just the ones we know about. If that's just

0:22:44.720 --> 0:22:48.320
<v Speaker 5>twenty percent of the totality, we're actually looking at eight

0:22:48.480 --> 0:22:52.760
<v Speaker 5>hundred and twenty domestic violence incidents every single day. That's

0:22:53.000 --> 0:22:56.400
<v Speaker 5>three hundred thousand a year. Astonishing.

0:22:56.760 --> 0:23:00.360
<v Speaker 1>Yeah, that's incredible, isn't it. It is incredible. Really puts

0:23:00.400 --> 0:23:02.680
<v Speaker 1>into context, I think are the extent of Australia's domestic

0:23:02.800 --> 0:23:05.920
<v Speaker 1>violence problem. When you look at these figures, and remember

0:23:06.040 --> 0:23:10.240
<v Speaker 1>these figures are just for one state. So it begs

0:23:10.280 --> 0:23:13.160
<v Speaker 1>the question too, if you're a police officer looking into

0:23:13.240 --> 0:23:15.960
<v Speaker 1>one of these one hundred and sixty five incidents that

0:23:16.080 --> 0:23:19.800
<v Speaker 1>happen every day, how do you choose which one should

0:23:19.880 --> 0:23:20.720
<v Speaker 1>take priority?

0:23:21.320 --> 0:23:24.200
<v Speaker 5>According to the commissioner, it's those considered to be the

0:23:24.320 --> 0:23:27.879
<v Speaker 5>highest risk. But who makes that determination.

0:23:27.960 --> 0:23:31.200
<v Speaker 1>Well precisely, And of course we weren't at the press conference.

0:23:31.240 --> 0:23:34.080
<v Speaker 1>We haven't had much luck getting on Cold Lanche's mailing

0:23:34.160 --> 0:23:37.600
<v Speaker 1>list for obvious reasons. But this is what the police

0:23:37.640 --> 0:23:40.000
<v Speaker 1>commissioner told journalists who were there.

0:23:40.560 --> 0:23:43.480
<v Speaker 7>The finding is that officers did not correctly assess the risk.

0:23:44.560 --> 0:23:47.480
<v Speaker 7>Therefore the available powers under the Restraining Orders Act and

0:23:47.600 --> 0:23:52.440
<v Speaker 7>the Firearms Act were not exercised appropriately. A correct risk

0:23:52.520 --> 0:23:56.080
<v Speaker 7>assessment would have provided sufficient grounds to issue a police

0:23:56.200 --> 0:24:00.399
<v Speaker 7>order to Mark Bombarra, and that power then extended to

0:24:00.560 --> 0:24:05.600
<v Speaker 7>seizing lawful firearms. The second key finding from the investigation

0:24:06.200 --> 0:24:09.360
<v Speaker 7>is that insufficient action was taken by police to explore

0:24:09.400 --> 0:24:12.080
<v Speaker 7>whether Mark Bombarrow was a fit and proper person to

0:24:12.200 --> 0:24:16.480
<v Speaker 7>hold a firearms license based on medical grounds, despite police

0:24:16.520 --> 0:24:20.600
<v Speaker 7>being told of his deteriorating medical condition by the family.

0:24:21.760 --> 0:24:25.040
<v Speaker 7>And the third and final key finding is that insufficient

0:24:25.080 --> 0:24:29.440
<v Speaker 7>action was taken by police to identify and investigate alleged

0:24:29.520 --> 0:24:33.840
<v Speaker 7>firearm offenses, which included a report of an unsecure firearm.

0:24:34.720 --> 0:24:39.159
<v Speaker 7>That investigation then took the entire organization, including myself, to

0:24:39.280 --> 0:24:42.520
<v Speaker 7>look for recommendations on how we can ensure that this

0:24:42.720 --> 0:24:43.520
<v Speaker 7>never happens again.

0:24:44.280 --> 0:24:47.280
<v Speaker 5>So my reading of this is, upon receiving a family

0:24:47.480 --> 0:24:52.240
<v Speaker 5>violence complaint, if the alleged perpetrator has firearms, they will

0:24:52.359 --> 0:24:56.280
<v Speaker 5>automatically be seized, regardless of the risk assessment made by

0:24:56.359 --> 0:25:00.399
<v Speaker 5>the police officer who was recording the details. The police

0:25:00.440 --> 0:25:04.280
<v Speaker 5>still get to use their own discretion to determine other aspects,

0:25:04.320 --> 0:25:08.080
<v Speaker 5>such as whether to consult the new family violence coordinator.

0:25:08.720 --> 0:25:12.680
<v Speaker 5>It's also worth noting that even though WA Police recognized

0:25:12.880 --> 0:25:16.840
<v Speaker 5>the error of detectives calling off forensics in Amy's case,

0:25:17.359 --> 0:25:22.280
<v Speaker 5>that choice remains discussionary. I contacted WA Police to verify

0:25:22.440 --> 0:25:24.480
<v Speaker 5>and was told in the event of a sudden death,

0:25:24.600 --> 0:25:28.919
<v Speaker 5>officers on site will determine the cause and circumstances. However,

0:25:29.320 --> 0:25:32.879
<v Speaker 5>if it's an obvious murder, whatever that is, forensics will attend.

0:25:33.520 --> 0:25:37.560
<v Speaker 5>Following Amy's death, new regulations relating to firearm related deaths

0:25:37.840 --> 0:25:42.480
<v Speaker 5>were introduced, ensuring officers consulted with homicide who, along with

0:25:42.680 --> 0:25:46.199
<v Speaker 5>uniform police and district detectives, would make a decision as

0:25:46.280 --> 0:25:50.560
<v Speaker 5>to whether forensics were required. But a forensics team still

0:25:50.680 --> 0:25:54.119
<v Speaker 5>doesn't automatically attend a scene in the event of an

0:25:54.240 --> 0:26:01.359
<v Speaker 5>unexpected sudden death involving a firearm like Amy's aerial Bombara

0:26:01.520 --> 0:26:05.760
<v Speaker 5>remained skeptical and intensely critical of WA police. Despite the

0:26:05.800 --> 0:26:06.840
<v Speaker 5>concessions made.

0:26:07.119 --> 0:26:11.040
<v Speaker 6>For women in domestic violence relationships, the most dangerous time

0:26:11.160 --> 0:26:13.359
<v Speaker 6>for them is when they decide to leave and the

0:26:13.440 --> 0:26:16.960
<v Speaker 6>weeks and months that follow. Often they've chosen to stay

0:26:17.280 --> 0:26:20.080
<v Speaker 6>longer than they wanted to for this exact fear of

0:26:20.160 --> 0:26:23.480
<v Speaker 6>the danger, and are finally leaving because the danger of

0:26:23.600 --> 0:26:28.720
<v Speaker 6>staying outweighs the danger of leaving. After receiving countless messages

0:26:29.000 --> 0:26:32.240
<v Speaker 6>from women sharing their own stories of police not taking

0:26:32.280 --> 0:26:37.680
<v Speaker 6>them seriously, resulting in real violent consequences for these women

0:26:37.760 --> 0:26:40.720
<v Speaker 6>and children, I'm not at all surprised that no action

0:26:41.359 --> 0:26:45.280
<v Speaker 6>was taken against my father. I think this was the

0:26:45.320 --> 0:26:50.240
<v Speaker 6>perfect storm of apathy and compassion fatigue from officers, combined

0:26:50.280 --> 0:26:56.320
<v Speaker 6>with shoddy systems, outdated policies and insufficient training and support

0:26:56.440 --> 0:27:01.600
<v Speaker 6>that resulted in a lethal outcome. Jenny and Grettel Ptelcius

0:27:01.760 --> 0:27:05.399
<v Speaker 6>should not have been murdered. They should not have had

0:27:05.440 --> 0:27:07.560
<v Speaker 6>to die in order for the police to start taking

0:27:07.640 --> 0:27:09.160
<v Speaker 6>domestic violence seriously.

0:27:09.359 --> 0:27:10.000
<v Speaker 3>But here we are.

0:27:11.160 --> 0:27:13.639
<v Speaker 6>The sad reality is that had my father come to

0:27:13.760 --> 0:27:17.680
<v Speaker 6>the correct location and murdered my mum and me, we

0:27:17.760 --> 0:27:21.199
<v Speaker 6>would have become just another domestic violence statistic that disappears

0:27:21.840 --> 0:27:26.200
<v Speaker 6>was little for the investigation. So whilst I'm torn because

0:27:26.240 --> 0:27:28.760
<v Speaker 6>I want to shout and swear on behalf of all

0:27:28.840 --> 0:27:31.600
<v Speaker 6>the women who were murdered and the people who were

0:27:31.680 --> 0:27:34.639
<v Speaker 6>left behind to deal with the devastating aftermath, I know

0:27:34.760 --> 0:27:37.879
<v Speaker 6>that won't change anything. So I want to say that

0:27:37.960 --> 0:27:41.760
<v Speaker 6>I truly appreciate the work that has gone into this investigation.

0:27:42.920 --> 0:27:47.280
<v Speaker 6>I appreciate that you listened to me. Well, I didn't

0:27:47.280 --> 0:27:50.399
<v Speaker 6>give you much of a choice, but you listened and

0:27:50.560 --> 0:27:52.960
<v Speaker 6>you allowed me to have input into this process. And

0:27:53.119 --> 0:27:57.600
<v Speaker 6>I am truly grateful, and I am supportive of the

0:27:57.720 --> 0:28:01.560
<v Speaker 6>recommendations that have come out of this, and I appreciate

0:28:01.680 --> 0:28:04.200
<v Speaker 6>that you will continue to keep the door open to me.

0:28:04.440 --> 0:28:08.000
<v Speaker 6>Because whilst this report focused largely on the guns due

0:28:08.040 --> 0:28:11.520
<v Speaker 6>to these specific circumstances of the case. We know that

0:28:11.600 --> 0:28:14.600
<v Speaker 6>this isn't a gun issue, it's a domestic violence issue.

0:28:15.480 --> 0:28:17.160
<v Speaker 6>So what I want to see as the next step

0:28:17.280 --> 0:28:19.760
<v Speaker 6>is how WA Police can learn from our case and

0:28:19.880 --> 0:28:23.680
<v Speaker 6>apply it across the board, because every woman and child

0:28:23.840 --> 0:28:27.639
<v Speaker 6>deserves equal protection and the system shouldn't be set up

0:28:28.000 --> 0:28:31.000
<v Speaker 6>to rely on victim survivors raising these issues.

0:28:37.359 --> 0:28:40.560
<v Speaker 5>I asked WA Police about the apology to the Bombara

0:28:40.760 --> 0:28:44.680
<v Speaker 5>and Pateelchez families, in particular the timing, and was advised

0:28:44.720 --> 0:28:47.640
<v Speaker 5>to seek access to the audio of a media conference

0:28:47.760 --> 0:28:50.840
<v Speaker 5>held by the Commissioner, which you've just heard and told

0:28:51.040 --> 0:28:55.000
<v Speaker 5>there was quote nothing further to add at this time now.

0:28:55.080 --> 0:28:57.360
<v Speaker 5>I couldn't find any reference to an apology at the

0:28:57.440 --> 0:29:01.760
<v Speaker 5>media conference. The commissioner did have, however, answer many other questions,

0:29:01.840 --> 0:29:05.680
<v Speaker 5>including the disciplinary action taken against the officers involved, and

0:29:05.840 --> 0:29:07.479
<v Speaker 5>said none of them were sacked.

0:29:09.240 --> 0:29:11.600
<v Speaker 7>One of the things I didn't provide them was a

0:29:11.680 --> 0:29:14.959
<v Speaker 7>system where they could make a correct risk assessment. They

0:29:15.040 --> 0:29:17.440
<v Speaker 7>deal as you know, and this is not an excuse.

0:29:17.640 --> 0:29:19.920
<v Speaker 7>We made errors here and we are standing here. I

0:29:20.080 --> 0:29:24.800
<v Speaker 7>am standing here admitting those errors for these humans what's

0:29:24.880 --> 0:29:27.959
<v Speaker 7>going through their head at the moment. They are very,

0:29:28.120 --> 0:29:31.680
<v Speaker 7>very so hard on themselves. I've had them in tears.

0:29:32.440 --> 0:29:34.960
<v Speaker 7>I think they are all reflecting on the impact they've

0:29:35.040 --> 0:29:39.600
<v Speaker 7>had on many families. I think they are good people.

0:29:40.560 --> 0:29:45.120
<v Speaker 7>They made errors, they work hard, they stepped forward to

0:29:45.240 --> 0:29:49.160
<v Speaker 7>support our community. But there is a disciplinary process. They

0:29:49.280 --> 0:29:52.000
<v Speaker 7>have to be held accountable for making the wrong decision,

0:29:52.040 --> 0:29:56.000
<v Speaker 7>and they were. I can guarantee you those officers will

0:29:56.080 --> 0:29:57.840
<v Speaker 7>know exactly how to respond to.

0:29:57.880 --> 0:29:58.600
<v Speaker 11>This in the future.

0:29:59.240 --> 0:30:01.600
<v Speaker 5>Now, Liam, I don't know about you, but I couldn't

0:30:01.600 --> 0:30:04.440
<v Speaker 5>help but reflect back to the reaction of detectives who's

0:30:04.440 --> 0:30:08.200
<v Speaker 5>stuffed up in Amy's case. They didn't appear apologetic at all.

0:30:08.560 --> 0:30:11.960
<v Speaker 5>In fact, they remained adamant that Amy took her own life,

0:30:12.280 --> 0:30:16.240
<v Speaker 5>and the force didn't just back this but agreed wholeheartedly.

0:30:16.800 --> 0:30:17.000
<v Speaker 9>Yeah.

0:30:18.320 --> 0:30:22.720
<v Speaker 1>Well, as you know, neither detectives Kirkman nor Weedman ever

0:30:22.800 --> 0:30:26.560
<v Speaker 1>appeared to be apologetic, and despite all the evidence making

0:30:26.640 --> 0:30:31.400
<v Speaker 1>it clear that Amy was unable to shoot herself, WA

0:30:31.480 --> 0:30:34.120
<v Speaker 1>Police continued to support them right up until the twenty

0:30:34.240 --> 0:30:38.959
<v Speaker 1>twenty one inquest. Only after the inquest did WA Police

0:30:39.120 --> 0:30:43.800
<v Speaker 1>issue a letter of regret so that wasn't a formal apology.

0:30:43.840 --> 0:30:46.280
<v Speaker 1>I mean, some people might think we're splitting straws here, Allison,

0:30:47.080 --> 0:30:51.480
<v Speaker 1>but a letter of regret to the mother of a

0:30:51.560 --> 0:30:54.440
<v Speaker 1>dead daughter, he's not the same as a personal apology

0:30:55.000 --> 0:30:58.480
<v Speaker 1>in my opinion. Especially you'll recall the letter of regret

0:30:58.560 --> 0:31:00.960
<v Speaker 1>got one of the dates wrong within the letter, so

0:31:01.960 --> 0:31:05.720
<v Speaker 1>clearly whoever fact checked and looked at the typos didn't

0:31:05.760 --> 0:31:09.320
<v Speaker 1>do it very closely or didn't really care too much

0:31:09.360 --> 0:31:11.280
<v Speaker 1>about it. So it was done pretty ad hoc, you've

0:31:11.320 --> 0:31:13.440
<v Speaker 1>got to say. So it was all a bit, you know,

0:31:14.200 --> 0:31:16.880
<v Speaker 1>to me, it was as a bit of a bottom

0:31:16.960 --> 0:31:21.120
<v Speaker 1>covering exercise. But you know, again that was because forensics

0:31:21.160 --> 0:31:24.040
<v Speaker 1>were called off at the scene in Amy's case, you know,

0:31:24.520 --> 0:31:26.280
<v Speaker 1>so they didn't have anything else to go on. I mean,

0:31:26.760 --> 0:31:29.560
<v Speaker 1>so in the Bombara case, you've got two women who

0:31:29.600 --> 0:31:34.240
<v Speaker 1>were dead, and no policeman loses their job. Nobody is sacked,

0:31:34.920 --> 0:31:37.920
<v Speaker 1>No one is sacked. The commissioner still stands up and says,

0:31:38.000 --> 0:31:41.800
<v Speaker 1>I stand by my officers. What does that say about

0:31:42.000 --> 0:31:45.040
<v Speaker 1>the culture in the police force If you can still

0:31:45.080 --> 0:31:47.200
<v Speaker 1>do that. We've already acknowledged that it's a very very

0:31:47.200 --> 0:31:49.920
<v Speaker 1>difficult job that they're facing and DV cases are very

0:31:50.040 --> 0:31:53.560
<v Speaker 1>very difficult to deal with. But we've also acknowledged and

0:31:53.680 --> 0:31:57.040
<v Speaker 1>you have to be blind, Freddie, not to have this

0:31:57.160 --> 0:32:00.080
<v Speaker 1>sort of shoved in your face that independent authorities have

0:32:00.160 --> 0:32:01.960
<v Speaker 1>said they got it wrong, got it wrong, got it wrong,

0:32:02.040 --> 0:32:06.240
<v Speaker 1>got it wrong. So where is the accountability? I'll say

0:32:06.240 --> 0:32:08.880
<v Speaker 1>it again. These people are not only it's not just

0:32:08.960 --> 0:32:11.560
<v Speaker 1>their job to keep people safe, they are sworn under

0:32:11.640 --> 0:32:14.480
<v Speaker 1>oath to protect. That is the whole reason. That is

0:32:14.560 --> 0:32:16.880
<v Speaker 1>their mission statement in life. That is the job of

0:32:16.920 --> 0:32:19.880
<v Speaker 1>a policeman. Now, if you get the job wrong and

0:32:19.960 --> 0:32:21.920
<v Speaker 1>you still keep your job, what does that say to

0:32:21.960 --> 0:32:23.200
<v Speaker 1>the rest of the people in the ranks.

0:32:23.440 --> 0:32:26.840
<v Speaker 5>Yeah, well, I mean obviously the way that they handled

0:32:27.640 --> 0:32:31.240
<v Speaker 5>Amy's case, I mean that was disgraceful and they close ranks.

0:32:31.480 --> 0:32:35.400
<v Speaker 5>But also remember that Cole Blanche, that was the name

0:32:35.480 --> 0:32:37.920
<v Speaker 5>on the letter of regret, who was Deputy Commissioner at

0:32:37.920 --> 0:32:42.160
<v Speaker 5>the time and the police Commissioner presiding over WA Police

0:32:42.240 --> 0:32:45.040
<v Speaker 5>throughout the investigation into Amy's death prior to the one

0:32:45.160 --> 0:32:49.600
<v Speaker 5>now being undertaken was Chris Dawson, who is now the

0:32:49.680 --> 0:32:52.760
<v Speaker 5>Governor of Western Australia. You had some dealings with him,

0:32:52.800 --> 0:32:53.640
<v Speaker 5>didn't you, Liam.

0:32:54.000 --> 0:32:56.160
<v Speaker 1>Yeah, I did, and I think you can see some

0:32:56.440 --> 0:33:00.360
<v Speaker 1>patterns emerging here that Chris Dawson has passed on well

0:33:00.360 --> 0:33:02.960
<v Speaker 1>and truly to Cole Blanche. I mean, Cole's learned some

0:33:03.040 --> 0:33:07.280
<v Speaker 1>valuable lessons, I think because with Chris Dawson, he's a

0:33:07.400 --> 0:33:11.440
<v Speaker 1>marvelous political player. And it's really all about the top echelon,

0:33:11.520 --> 0:33:14.160
<v Speaker 1>you know, the top tiers, the hierarchy of the police force.

0:33:14.800 --> 0:33:18.200
<v Speaker 1>I mean, if you keep in suite with the government

0:33:18.280 --> 0:33:20.760
<v Speaker 1>of the day, you will eventually be rewarded. As you've

0:33:20.800 --> 0:33:23.120
<v Speaker 1>just pointed out, Chris Dawson is now the Governor of

0:33:23.240 --> 0:33:26.960
<v Speaker 1>Western Australia. So the police and the state government and

0:33:27.080 --> 0:33:29.680
<v Speaker 1>the people at the top, Chris Dawson's the Mark McGowan's

0:33:29.680 --> 0:33:33.840
<v Speaker 1>had very close relationships, very close relationships, and so they

0:33:34.560 --> 0:33:37.080
<v Speaker 1>end up getting rewarded. But what happens to the rank

0:33:37.120 --> 0:33:39.920
<v Speaker 1>and file and what they're doing to the public, you know,

0:33:40.280 --> 0:33:44.840
<v Speaker 1>how's that culture going? As we discussed, and I mean

0:33:44.880 --> 0:33:48.040
<v Speaker 1>we end up having in this state a Minister for police.

0:33:49.000 --> 0:33:52.320
<v Speaker 1>We don't have a Minister of Police now. The police

0:33:52.360 --> 0:33:55.680
<v Speaker 1>minister has just been changed because of the cabinet lineup reshuffle.

0:33:55.720 --> 0:33:58.400
<v Speaker 1>As we've discussed at the start of the program. Perhaps

0:33:58.600 --> 0:34:00.080
<v Speaker 1>you know, in a blue moon you might hear the

0:34:00.160 --> 0:34:03.200
<v Speaker 1>minister come out and criticize the police or call for

0:34:03.400 --> 0:34:05.800
<v Speaker 1>change or call for reform or something. That's what a

0:34:05.840 --> 0:34:07.680
<v Speaker 1>minister of the crowd is supposed to do because they

0:34:07.720 --> 0:34:10.480
<v Speaker 1>get paid by the taxpayer, not by the rank and

0:34:10.600 --> 0:34:14.000
<v Speaker 1>file that's called a police union. But I think cole

0:34:14.040 --> 0:34:18.400
<v Speaker 1>Blanche has learned those lessons very well. That not that

0:34:18.480 --> 0:34:20.239
<v Speaker 1>he didn't know them before he took the top job,

0:34:20.360 --> 0:34:23.520
<v Speaker 1>because to get to that level in those sort of

0:34:23.600 --> 0:34:26.880
<v Speaker 1>paramilitary organizations such as a police force, you know, you

0:34:27.000 --> 0:34:29.840
<v Speaker 1>have to be very conscious of politics. And so I

0:34:29.880 --> 0:34:31.960
<v Speaker 1>think in that sense he's done a very good job.

0:34:32.000 --> 0:34:34.600
<v Speaker 1>But that doesn't necessarily mean that the culture of the

0:34:34.640 --> 0:34:35.439
<v Speaker 1>forces any better.

0:34:35.680 --> 0:34:38.600
<v Speaker 5>Well, you think you'd also have to protect the reputation

0:34:38.920 --> 0:34:41.759
<v Speaker 5>and the integrity of w a police and I would

0:34:41.840 --> 0:34:45.040
<v Speaker 5>say at this stage he's not, particularly in relation to

0:34:45.080 --> 0:34:47.320
<v Speaker 5>Amy's case, not doing a good job at that.

0:34:48.080 --> 0:34:51.560
<v Speaker 1>Well. I think the reputation has been severely dented by

0:34:51.640 --> 0:34:54.040
<v Speaker 1>a whole stack of failings, you know, litany of failings

0:34:54.040 --> 0:34:56.120
<v Speaker 1>over the past fifteen twenty years our So you know,

0:34:56.120 --> 0:34:57.359
<v Speaker 1>I think there's a lot of work to be done

0:34:57.760 --> 0:34:59.759
<v Speaker 1>on that. But can we just go back to this

0:35:00.000 --> 0:35:04.200
<v Speaker 1>investigation and the investigation report into the bombar A killings,

0:35:04.440 --> 0:35:06.680
<v Speaker 1>because there's one more thing I noticed about it, and

0:35:06.800 --> 0:35:08.080
<v Speaker 1>it was this last line.

0:35:08.560 --> 0:35:11.480
<v Speaker 12>Repeat offenders who cannot demonstrate the change in their behavior

0:35:11.800 --> 0:35:14.880
<v Speaker 12>have no place in our community, and police will always

0:35:14.960 --> 0:35:17.600
<v Speaker 12>recommend to the courts that they remain in prison.

0:35:18.520 --> 0:35:21.480
<v Speaker 1>Okay, So let's look at that in context of Amy

0:35:21.520 --> 0:35:25.200
<v Speaker 1>Wensley's case. Now her partner at the time of her death,

0:35:25.480 --> 0:35:30.600
<v Speaker 1>David Simmons, who has a history of violent behavior, has

0:35:30.680 --> 0:35:35.200
<v Speaker 1>been imprisoned once for assaulting a police officer, and that

0:35:35.320 --> 0:35:38.520
<v Speaker 1>officer being Larry Blandford, who was the first on the

0:35:38.600 --> 0:35:42.560
<v Speaker 1>scene at Amy's death. David Simmons served nine months for that,

0:35:42.840 --> 0:35:46.880
<v Speaker 1>then he was released and charged again for allegedly assaulting

0:35:47.360 --> 0:35:50.759
<v Speaker 1>another police officer. And every time this matter was due

0:35:50.800 --> 0:35:55.000
<v Speaker 1>before court, he just decided he wouldn't turn up. They

0:35:55.120 --> 0:35:58.359
<v Speaker 1>then issue an arrest warrant and then cancel it when

0:35:58.400 --> 0:36:01.200
<v Speaker 1>he turns up late and he schedules a new time.

0:36:01.320 --> 0:36:03.840
<v Speaker 1>So it fits in with David simmons last style in

0:36:03.920 --> 0:36:06.400
<v Speaker 1>which the same thing happens. I mean, he's just routing

0:36:06.480 --> 0:36:08.880
<v Speaker 1>the system, isn't he isn't he just gaming the system

0:36:08.920 --> 0:36:09.960
<v Speaker 1>at taxpayers expense?

0:36:10.440 --> 0:36:13.000
<v Speaker 5>Yeah? That's been a real concern to me too. So

0:36:13.160 --> 0:36:16.960
<v Speaker 5>I contacted the WA Justice Department and asked them what measures,

0:36:17.120 --> 0:36:19.719
<v Speaker 5>if any, would be put in place to ensure he

0:36:19.840 --> 0:36:23.080
<v Speaker 5>turns up next time, or could constant no shows just

0:36:23.239 --> 0:36:26.360
<v Speaker 5>continue indefinitely? This was the reply.

0:36:27.280 --> 0:36:30.760
<v Speaker 13>David Simmons appeared in Perth Magistrates Court on eight January

0:36:30.880 --> 0:36:34.759
<v Speaker 13>twenty twenty five, where the arrest warrant was canceled. He

0:36:34.920 --> 0:36:38.080
<v Speaker 13>was granted bail with conditions and a five thousand dollars

0:36:38.120 --> 0:36:42.440
<v Speaker 13>personal undertaking and a three thousand dollars surety. The matter

0:36:42.640 --> 0:36:46.160
<v Speaker 13>is next listed in Perth Magistrates Court on fifteen May

0:36:46.360 --> 0:36:48.040
<v Speaker 13>at nine point thirty am for.

0:36:48.120 --> 0:36:48.719
<v Speaker 12>A call over.

0:36:49.480 --> 0:36:51.840
<v Speaker 1>Okay, so, as it turns out the fifteenth of Mayors

0:36:52.000 --> 0:36:55.600
<v Speaker 1>is now no longer happening l because surprisingly this was

0:36:55.640 --> 0:36:58.800
<v Speaker 1>brought forward again after David Simmons ended up at Hakia

0:36:58.880 --> 0:37:03.240
<v Speaker 1>Prison is the three man prison in wa for breaching bail.

0:37:03.680 --> 0:37:07.359
<v Speaker 1>So on the twenty ninth of February, via video link

0:37:07.520 --> 0:37:13.120
<v Speaker 1>from Hakia, Simmons appear before Magistrate Melita Medcalf. He was

0:37:13.200 --> 0:37:18.880
<v Speaker 1>represented by defense lawyer Rhys Mohler while Sergeant Keyes appeared

0:37:18.960 --> 0:37:23.520
<v Speaker 1>for the police prosecution. Now we obtained a copy of

0:37:23.640 --> 0:37:26.479
<v Speaker 1>the transcript of exactly what happened in that case.

0:37:26.680 --> 0:37:29.439
<v Speaker 12>Have a listen staying with Hakia from the s list.

0:37:29.719 --> 0:37:31.880
<v Speaker 10>Simmons, David Robert Simmons.

0:37:40.760 --> 0:37:43.080
<v Speaker 3>Is your name, David Robert Simmons. Can you hear us?

0:37:43.120 --> 0:37:46.120
<v Speaker 2>Okay, mister Simmons, Yes, okay, thank you. I've got your

0:37:46.200 --> 0:37:46.680
<v Speaker 2>lawyer here.

0:37:46.800 --> 0:37:48.320
<v Speaker 3>I will speak to him and come back to you.

0:37:49.160 --> 0:37:51.440
<v Speaker 14>Please the court, your honor. I am mister Molar, I

0:37:51.520 --> 0:37:54.560
<v Speaker 14>appear for mister Simmons, your honor. This is a prosecution

0:37:54.800 --> 0:37:58.640
<v Speaker 14>Form six application in effect. If Charge one one eight

0:37:58.760 --> 0:38:01.440
<v Speaker 14>eight of twenty twenty four is put to mister Simmons,

0:38:01.520 --> 0:38:04.840
<v Speaker 14>a plea of guilty will be entered thereafter. I anticipate

0:38:04.920 --> 0:38:07.880
<v Speaker 14>the prosecution will have an application to make with respect

0:38:07.920 --> 0:38:10.600
<v Speaker 14>to one four one eighty nine. There are pleas of

0:38:10.640 --> 0:38:13.560
<v Speaker 14>guilty to the two remaining charges. We can proceed to

0:38:13.680 --> 0:38:16.839
<v Speaker 14>sentence today and then we would seek for a trial hearing,

0:38:16.920 --> 0:38:20.960
<v Speaker 14>which I believe is listed on fifteen may to be vacated.

0:38:21.640 --> 0:38:24.000
<v Speaker 2>All right, mister Simmons, I will read the one charge

0:38:24.040 --> 0:38:26.360
<v Speaker 2>to you. That's a previous plea of not guilty on

0:38:26.520 --> 0:38:30.719
<v Speaker 2>May thirteen. The allegation is on March eighth, twenty twenty four,

0:38:30.880 --> 0:38:34.239
<v Speaker 2>in north Bridge, you obstructed a police auxiliary officer in

0:38:34.320 --> 0:38:37.880
<v Speaker 2>the performance of that officer's function. Do you understand the charge?

0:38:38.280 --> 0:38:38.919
<v Speaker 5>Yes, your honor?

0:38:39.120 --> 0:38:40.160
<v Speaker 3>How do you wish to plead?

0:38:41.560 --> 0:38:41.960
<v Speaker 14>What was that?

0:38:42.080 --> 0:38:42.319
<v Speaker 5>Sorry?

0:38:42.800 --> 0:38:44.160
<v Speaker 1>That was the one I pled not guilty to.

0:38:44.360 --> 0:38:47.759
<v Speaker 3>Yes, yes, so you've previously pleaded not guilty to it.

0:38:47.880 --> 0:38:50.680
<v Speaker 2>But I understand you're changing your plea now that's the

0:38:50.800 --> 0:38:52.399
<v Speaker 2>obstruct police officer charge.

0:38:52.719 --> 0:38:58.600
<v Speaker 1>The yes, no pardon? Sorry? Can you read that again?

0:38:58.800 --> 0:39:01.680
<v Speaker 2>On March eighth, t twenty four in north Bridge, the

0:39:01.800 --> 0:39:05.320
<v Speaker 2>allegation is that you obstructed a police auxiliary officer in

0:39:05.400 --> 0:39:07.200
<v Speaker 2>the performance of the officer's function.

0:39:07.560 --> 0:39:08.840
<v Speaker 3>Do you understand the charge?

0:39:09.360 --> 0:39:09.560
<v Speaker 1>Yes?

0:39:09.920 --> 0:39:12.960
<v Speaker 3>Okay, how do you wish to plead guilty? Thank you?

0:39:13.080 --> 0:39:15.440
<v Speaker 2>And on that basis, then, Sergeant, I understand that the

0:39:15.520 --> 0:39:18.280
<v Speaker 2>assault public officer one four one eight nine.

0:39:18.239 --> 0:39:21.239
<v Speaker 3>Will be dismissed. Yes, your honor, all right, so an

0:39:21.320 --> 0:39:21.840
<v Speaker 3>order will.

0:39:21.680 --> 0:39:24.799
<v Speaker 2>Be made to dismiss that charge pursuant to Section twenty five,

0:39:25.120 --> 0:39:26.080
<v Speaker 2>and I will hear the facts.

0:39:26.360 --> 0:39:29.200
<v Speaker 10>Thank you, your honor. At seven ten pm on the

0:39:29.280 --> 0:39:32.680
<v Speaker 10>eighth of March twenty twenty four, the accused is conveyed

0:39:32.719 --> 0:39:36.320
<v Speaker 10>by police to the Perth Watchhouse. Whilst there, the accused

0:39:36.480 --> 0:39:40.200
<v Speaker 10>was physically restrained by police auxiliary officers against the wall

0:39:40.520 --> 0:39:44.160
<v Speaker 10>as he is abusive, resisting and made threats towards one

0:39:44.200 --> 0:39:47.759
<v Speaker 10>of them. While the police auxiliary officers were bringing the

0:39:47.880 --> 0:39:51.120
<v Speaker 10>accused into the admission room through a corridor, the accused

0:39:51.160 --> 0:39:54.600
<v Speaker 10>began to struggle with Ko Greenham, causing his shoulder to

0:39:54.719 --> 0:39:57.719
<v Speaker 10>impact the corner of a door frame. The accused was

0:39:57.760 --> 0:40:01.000
<v Speaker 10>then brought to a padded cell due to his previous behavior.

0:40:01.560 --> 0:40:04.200
<v Speaker 10>He was then informed by the Chaos that under Section

0:40:04.400 --> 0:40:07.600
<v Speaker 10>one three five of the CIA, the strip search would

0:40:07.600 --> 0:40:10.920
<v Speaker 10>be conducted and asked if he would comply. He was

0:40:10.960 --> 0:40:13.960
<v Speaker 10>then asked several times if he would comply, However, he

0:40:14.160 --> 0:40:18.280
<v Speaker 10>refused to. As a result, under Section sixteen of the CIA,

0:40:18.719 --> 0:40:22.800
<v Speaker 10>reasonable forces used to conduct the search. The KO sustained

0:40:22.920 --> 0:40:26.279
<v Speaker 10>cuts and abrasions to his arm during the incident. That's

0:40:26.400 --> 0:40:29.560
<v Speaker 10>the facts, your honor. Thank you, there is a record,

0:40:29.680 --> 0:40:30.520
<v Speaker 10>I believe.

0:40:30.520 --> 0:40:33.000
<v Speaker 2>Yes, I've got a copy of that. Thanks hang on, yes,

0:40:33.239 --> 0:40:34.560
<v Speaker 2>I do, Thank you, mister Moler.

0:40:34.800 --> 0:40:36.720
<v Speaker 14>Does your honor need to hear the facts in relation

0:40:36.840 --> 0:40:39.760
<v Speaker 14>to the disorderly Yes, I do, sorry, and I imagine

0:40:39.800 --> 0:40:40.280
<v Speaker 14>the breach.

0:40:40.120 --> 0:40:42.160
<v Speaker 3>Of bail and a breach of bail can be added

0:40:42.239 --> 0:40:44.720
<v Speaker 3>to the prosecution notice. Yes, Missus Simmons.

0:40:44.760 --> 0:40:46.400
<v Speaker 2>I just want to let you know that we actually

0:40:46.480 --> 0:40:48.719
<v Speaker 2>pressed mute on the video link at the moment because

0:40:48.760 --> 0:40:50.880
<v Speaker 2>we've got a lot of background noise. So if for

0:40:50.960 --> 0:40:53.520
<v Speaker 2>some reason you needed to say something, just wave your

0:40:53.560 --> 0:40:54.840
<v Speaker 2>hand and we will come back to you.

0:40:55.120 --> 0:40:56.520
<v Speaker 3>Okay, thanks Sergeant.

0:40:56.800 --> 0:40:58.680
<v Speaker 10>At five point thirty one on the eighth of March

0:40:58.800 --> 0:41:03.040
<v Speaker 10>twenty twenty four, the accused was at twenty three in Armadale.

0:41:03.480 --> 0:41:06.440
<v Speaker 10>Police located the address in relation to an incident that

0:41:06.560 --> 0:41:09.840
<v Speaker 10>had happened between the accused and other occupants of the house.

0:41:10.440 --> 0:41:14.160
<v Speaker 10>The accused is deemed to be heavily intoxicated. Upon police arrival,

0:41:14.440 --> 0:41:16.840
<v Speaker 10>and whilst police was speaking to the other people at

0:41:16.880 --> 0:41:19.960
<v Speaker 10>the scene, the accused started to shout and be abusive

0:41:20.040 --> 0:41:23.400
<v Speaker 10>towards those people, despite police asking him to lower his

0:41:23.560 --> 0:41:28.160
<v Speaker 10>voice and behave himself multiple times. During the incident, multiple

0:41:28.239 --> 0:41:30.600
<v Speaker 10>people from the neighborhood were out on the street and

0:41:30.719 --> 0:41:34.319
<v Speaker 10>the incident was captured on police body worn camera. That's

0:41:34.400 --> 0:41:35.520
<v Speaker 10>the facts, your honor.

0:41:35.960 --> 0:41:38.600
<v Speaker 3>Thank you all right, Thank you, mister Moler, thank you.

0:41:38.640 --> 0:41:38.960
<v Speaker 1>Your honor.

0:41:39.000 --> 0:41:42.040
<v Speaker 14>And just to clarify, the disorderly behavior preceded the.

0:41:42.160 --> 0:41:44.759
<v Speaker 3>Obstruct defense, right, I figured that, Thank you.

0:41:45.080 --> 0:41:45.480
<v Speaker 1>Your honor.

0:41:45.560 --> 0:41:48.000
<v Speaker 14>Having regard to the seriousness of the offending and the

0:41:48.040 --> 0:41:51.040
<v Speaker 14>matters of mitigation, I will soon address. The Defense says

0:41:51.120 --> 0:41:54.480
<v Speaker 14>that a financial penalty or community based order is appropriate

0:41:54.920 --> 0:41:59.080
<v Speaker 14>in all the circumstances. In determining the appropriate penalty, Defense

0:41:59.120 --> 0:42:02.200
<v Speaker 14>would urge the court to have regard to the following. Firstly,

0:42:02.360 --> 0:42:05.239
<v Speaker 14>mister simmons pleas for the disorderly and the breach of

0:42:05.280 --> 0:42:08.399
<v Speaker 14>bail were entered at an early stage of proceedings last year.

0:42:09.000 --> 0:42:11.920
<v Speaker 14>Given the history of the obstruct charge, Defense accepts that

0:42:12.120 --> 0:42:15.360
<v Speaker 14>less utility attaches to the guilty plea, but we do

0:42:15.520 --> 0:42:18.240
<v Speaker 14>point out that a plea was entered after mister Simmons

0:42:18.360 --> 0:42:24.360
<v Speaker 14>engaged council earlier this year and following negotiations with the prosecution. Nevertheless,

0:42:24.560 --> 0:42:28.000
<v Speaker 14>defense says, mister Simmons, please remain indicative of an acceptance

0:42:28.080 --> 0:42:33.000
<v Speaker 14>of responsibility and a willingness to facilitate the course of justice. Secondly,

0:42:33.120 --> 0:42:35.560
<v Speaker 14>mister Simmons has spent at least a month in custody

0:42:35.600 --> 0:42:39.080
<v Speaker 14>in relation to these matters. Throughout my involvement in these matters,

0:42:39.160 --> 0:42:42.120
<v Speaker 14>mister Simmons has served two separate periods of time in

0:42:42.200 --> 0:42:45.440
<v Speaker 14>Hakia due to his failure to comply with bail conditions

0:42:45.520 --> 0:42:49.600
<v Speaker 14>and his surety being unwilling to resign. Mister simmons time

0:42:49.640 --> 0:42:52.680
<v Speaker 14>in custody has served as another stark reality check that

0:42:52.719 --> 0:42:55.279
<v Speaker 14>he has had time to reflect on his actions and

0:42:55.400 --> 0:42:59.240
<v Speaker 14>the type of person he wants and needs to be. Thirdly,

0:42:59.320 --> 0:43:03.240
<v Speaker 14>mister simmons record does him no favours. However, this appears

0:43:03.280 --> 0:43:06.760
<v Speaker 14>to be mister simons first conviction of obstructing police officers.

0:43:07.200 --> 0:43:09.759
<v Speaker 14>Prior to the commission of these offenses, mister Simmons had

0:43:09.840 --> 0:43:13.879
<v Speaker 14>not committed a substantive offense since about April twenty twenty two.

0:43:14.440 --> 0:43:17.800
<v Speaker 14>And Fourthly, mister Simmons has spoken candidly about his regret

0:43:17.920 --> 0:43:22.040
<v Speaker 14>and disappointment. Mister Simmons has also demonstrated insight into his

0:43:22.200 --> 0:43:26.880
<v Speaker 14>culpability and some victim empathy. Mister Simmons appreciates that the

0:43:26.920 --> 0:43:29.640
<v Speaker 14>safety of police officers carrying out their duties is a

0:43:29.719 --> 0:43:32.960
<v Speaker 14>matter of prime importance, and thus weight must be placed

0:43:33.000 --> 0:43:37.480
<v Speaker 14>on the sentencing consideration of general deterrence. The facts are

0:43:37.520 --> 0:43:40.640
<v Speaker 14>accepted by mister Simmons and he accepts his behavior and

0:43:40.800 --> 0:43:45.520
<v Speaker 14>resistance was unnecessary and simply inexcusable. He instructs he was

0:43:45.560 --> 0:43:49.440
<v Speaker 14>heavily intoxicated at the time. The offending is aggravated by

0:43:49.480 --> 0:43:53.360
<v Speaker 14>mister simmons prolonged unwillingness to comply with police directions, and

0:43:53.600 --> 0:43:56.880
<v Speaker 14>of course his actions also interfered with the health and

0:43:57.040 --> 0:44:01.279
<v Speaker 14>safety of officers. Having regard to all theircumstances, Defense says

0:44:01.320 --> 0:44:04.360
<v Speaker 14>that mister symonds conduct does not fall toward the highest

0:44:04.520 --> 0:44:07.920
<v Speaker 14>end of the scale of seriousness. Turning to mister simons

0:44:08.080 --> 0:44:12.320
<v Speaker 14>background and personal circumstances, I will simply underscore the following.

0:44:12.760 --> 0:44:15.439
<v Speaker 14>Mister Simonds continues to enjoy the support of his mother

0:44:15.560 --> 0:44:18.680
<v Speaker 14>and father, who reside in the Midwest region of the state.

0:44:19.280 --> 0:44:23.320
<v Speaker 14>Mister Simmons reported a good upbringing. Mister Simmons ordinarily resides

0:44:23.360 --> 0:44:26.320
<v Speaker 14>in Perth's eastern suburbs and is currently in receipt of

0:44:26.400 --> 0:44:30.799
<v Speaker 14>payments from Centilink. Mister Simmons instructs he suffers from PTSD

0:44:31.040 --> 0:44:34.920
<v Speaker 14>and depression. Mister Simmons has won the biological daughter and

0:44:35.040 --> 0:44:38.520
<v Speaker 14>has limited access to her. Mister Simmons typically lives a

0:44:38.600 --> 0:44:40.920
<v Speaker 14>quiet life and tends to avoid a lot of interaction

0:44:41.080 --> 0:44:43.879
<v Speaker 14>with other people. Mister Simmons left school at the age

0:44:43.880 --> 0:44:46.560
<v Speaker 14>of fifteen and worked with his father as a machine

0:44:46.600 --> 0:44:49.080
<v Speaker 14>operator on the mines for South thirty two for a

0:44:49.160 --> 0:44:52.120
<v Speaker 14>period of time. He later undertook work as a shearer.

0:44:52.680 --> 0:44:56.160
<v Speaker 14>Mister Simons, I'm told was also a talented sportsman at school.

0:44:56.719 --> 0:44:59.560
<v Speaker 14>And finally, mister Simmonds had a motorbike accident in his

0:44:59.640 --> 0:45:03.399
<v Speaker 14>early twenties which resulted in some head trauma and mister

0:45:03.480 --> 0:45:07.759
<v Speaker 14>Simmons losing his spleen. Unless your honor requires further clarification,

0:45:07.960 --> 0:45:09.960
<v Speaker 14>I have no further submissions.

0:45:09.760 --> 0:45:10.680
<v Speaker 3>Thanks, mister Molar.

0:45:10.840 --> 0:45:13.080
<v Speaker 10>Sergeant I don't wish to be heard, Your honor.

0:45:13.080 --> 0:45:13.640
<v Speaker 3>Mister Moler.

0:45:13.680 --> 0:45:16.040
<v Speaker 2>The only other question I did have in relation to

0:45:16.160 --> 0:45:19.560
<v Speaker 2>obviously the level of intoxication, and I appreciate that that

0:45:19.920 --> 0:45:22.600
<v Speaker 2>was a factor to be considered in terms of his behavior.

0:45:22.920 --> 0:45:25.239
<v Speaker 3>Is there anything that mister Simmons is doing or has

0:45:25.360 --> 0:45:26.200
<v Speaker 3>done to address that.

0:45:26.400 --> 0:45:29.359
<v Speaker 14>I understand there has been some counseling previously, Your Honor,

0:45:29.800 --> 0:45:32.680
<v Speaker 14>perhaps by way of some background, mister Simmons long term

0:45:32.760 --> 0:45:35.280
<v Speaker 14>partner was found dead at their home in twenty fourteen

0:45:35.400 --> 0:45:38.319
<v Speaker 14>with a fatal head wound from a shotgun round. After

0:45:38.400 --> 0:45:41.680
<v Speaker 14>three separate police investigations, mister Simmons was cleared of any

0:45:41.719 --> 0:45:45.040
<v Speaker 14>involvement in his partner's death, and he also gave evidence

0:45:45.080 --> 0:45:48.080
<v Speaker 14>in what was a fairly harrowing coronial inquiry in twenty

0:45:48.160 --> 0:45:51.520
<v Speaker 14>twenty one, and in my ultimate submission, he has never

0:45:51.760 --> 0:45:55.000
<v Speaker 14>been the same since. I'm told by his father that

0:45:55.120 --> 0:45:58.440
<v Speaker 14>his family has facilitated some counseling for him, but perhaps

0:45:58.520 --> 0:46:02.560
<v Speaker 14>those circumstances shed low on his background and in terms

0:46:02.600 --> 0:46:04.600
<v Speaker 14>of the timing of the current offending, it was at

0:46:04.640 --> 0:46:07.200
<v Speaker 14>the same time when mister simmons partner's death was being

0:46:07.360 --> 0:46:11.400
<v Speaker 14>reinvestigated in the Channel seven news podcast The Truth About Amy,

0:46:11.960 --> 0:46:14.400
<v Speaker 14>and as part of that investigation, he had been tracked

0:46:14.440 --> 0:46:17.560
<v Speaker 14>down by an investigative journalist and that is what I'm

0:46:17.640 --> 0:46:20.800
<v Speaker 14>told was the catalyst for the escalation in his alcohol

0:46:20.840 --> 0:46:25.000
<v Speaker 14>consumption and agitation at the time of offending. So put simply,

0:46:25.160 --> 0:46:27.000
<v Speaker 14>I think he has struggled to cope with the emotion

0:46:27.200 --> 0:46:30.400
<v Speaker 14>and trauma, the public attention and the false claims that

0:46:30.480 --> 0:46:33.960
<v Speaker 14>were being spread. So in the circumstances, I think I

0:46:33.960 --> 0:46:36.200
<v Speaker 14>would be urging your honor to perhaps go down a

0:46:36.320 --> 0:46:39.560
<v Speaker 14>fine pathway. I'm a little bit wary that a community

0:46:39.640 --> 0:46:43.240
<v Speaker 14>based order in the circumstances, Whilst it may benefit mister Simmons,

0:46:43.640 --> 0:46:46.880
<v Speaker 14>I'm also mindful of setting him up to fail as well, all.

0:46:46.800 --> 0:46:49.520
<v Speaker 2>Right, which is precisely why I asked the question. So

0:46:49.760 --> 0:46:52.760
<v Speaker 2>thanks mister Mola for picking that up. All right, mister Simmons,

0:46:52.840 --> 0:46:55.480
<v Speaker 2>in relation to these matters, the reason I just asked

0:46:55.520 --> 0:46:58.400
<v Speaker 2>about what you've done to address both the alcoholism and

0:46:58.480 --> 0:47:02.000
<v Speaker 2>the underlying PTSD diagnosis was to see whether it would

0:47:02.000 --> 0:47:04.480
<v Speaker 2>be appropriate for my court to deal with the matter

0:47:04.920 --> 0:47:07.880
<v Speaker 2>by way of a community based order today so that

0:47:08.000 --> 0:47:11.040
<v Speaker 2>you could get those adequate supports. It seems to me, though,

0:47:11.120 --> 0:47:13.479
<v Speaker 2>that you've got family in the background that are willing

0:47:13.560 --> 0:47:16.080
<v Speaker 2>to assist you to ensure that you follow through with

0:47:16.200 --> 0:47:19.960
<v Speaker 2>that support, and hopefully, mister Simmons, you do so, because

0:47:20.000 --> 0:47:22.759
<v Speaker 2>the background that mister Mola has just outlined to me

0:47:23.000 --> 0:47:25.719
<v Speaker 2>is nothing short of tragic, and I have no doubt

0:47:25.800 --> 0:47:28.520
<v Speaker 2>that that's had a huge impact on your life. The

0:47:28.640 --> 0:47:31.759
<v Speaker 2>reality for you, mister Simmonds, is while that might seem

0:47:31.880 --> 0:47:34.600
<v Speaker 2>unfair and horrible to have gone through. If you don't

0:47:34.680 --> 0:47:37.080
<v Speaker 2>choose to address it, you're going to continue to come

0:47:37.239 --> 0:47:40.920
<v Speaker 2>back through to the courts because alcohol is very clearly

0:47:41.120 --> 0:47:44.479
<v Speaker 2>a default position for you when these traumas keep coming back,

0:47:44.880 --> 0:47:47.759
<v Speaker 2>and they will keep coming back until you look into them,

0:47:47.800 --> 0:47:48.680
<v Speaker 2>mister Simmonds and.

0:47:48.800 --> 0:47:53.359
<v Speaker 3>Get the rehabilitation that you effectively need. So, as I say,

0:47:53.480 --> 0:47:55.200
<v Speaker 3>whilst it does feel quite.

0:47:55.120 --> 0:47:57.279
<v Speaker 2>Unfair, if you don't do it, then it prevents you

0:47:57.400 --> 0:47:59.840
<v Speaker 2>from moving forward and we will see you back in

0:48:00.160 --> 0:48:03.000
<v Speaker 2>the courts. It's very important mister Simmons that you follow

0:48:03.080 --> 0:48:05.200
<v Speaker 2>that up. But given the support of your family, I

0:48:05.320 --> 0:48:08.680
<v Speaker 2>will allow that to happen. In relation to the obstruct

0:48:08.719 --> 0:48:11.600
<v Speaker 2>police officer charge, that's the most serious that I need

0:48:11.719 --> 0:48:15.160
<v Speaker 2>to sentence today. It's concerning, mister Simmons that you didn't

0:48:15.200 --> 0:48:19.000
<v Speaker 2>cooperate with police. Had you done so, obviously you wouldn't

0:48:19.040 --> 0:48:21.960
<v Speaker 2>be in the position that you are, but uneducated by

0:48:22.040 --> 0:48:25.480
<v Speaker 2>the level of intoxication. Not that that's any excuse for you,

0:48:25.680 --> 0:48:29.400
<v Speaker 2>mister Simmons, but the reality is it puts it into context,

0:48:29.560 --> 0:48:33.640
<v Speaker 2>certainly in the circumstances where there was essentially relived trauma

0:48:33.760 --> 0:48:35.920
<v Speaker 2>going on in the background at the time for you.

0:48:36.680 --> 0:48:39.640
<v Speaker 2>It is a serious offense, and generally deterrence is the

0:48:39.719 --> 0:48:43.200
<v Speaker 2>most predominant sentencing factor in relation to the charge. But

0:48:43.560 --> 0:48:45.399
<v Speaker 2>I don't find it to be something that is at

0:48:45.440 --> 0:48:48.480
<v Speaker 2>the high end, and I am satisfied it is appropriate

0:48:48.560 --> 0:48:51.120
<v Speaker 2>mister Simmons, to deal with the matter by way of fine,

0:48:51.680 --> 0:48:54.640
<v Speaker 2>taking into account your plea of guilty, the fact you've

0:48:54.680 --> 0:48:57.920
<v Speaker 2>spent some time in custody and there is that acceptance

0:48:58.000 --> 0:49:01.440
<v Speaker 2>and remorse in relation to it. It's evident, mister Simmons,

0:49:01.520 --> 0:49:04.279
<v Speaker 2>on your face today that there is remorse there so

0:49:04.480 --> 0:49:07.640
<v Speaker 2>to the breach of bail with undertaking Section forty six.

0:49:07.840 --> 0:49:11.000
<v Speaker 2>Given the time in custody, there's two nights in police

0:49:11.080 --> 0:49:13.880
<v Speaker 2>custody that I will take into account in relation to

0:49:14.040 --> 0:49:17.120
<v Speaker 2>that breach of bail, in relation to the obstruct police

0:49:17.120 --> 0:49:20.600
<v Speaker 2>officer and the disorderly behavior, it's appropriate in my view

0:49:20.680 --> 0:49:22.759
<v Speaker 2>to deal with it by way of a fine. It

0:49:22.840 --> 0:49:25.680
<v Speaker 2>will be a fine of one thousand dollars that has

0:49:25.800 --> 0:49:28.840
<v Speaker 2>been reduced taking into account the fact that mister Simmons

0:49:28.960 --> 0:49:30.919
<v Speaker 2>has been in custody for one month.

0:49:31.719 --> 0:49:32.960
<v Speaker 3>All right, mister Simmons, you.

0:49:33.000 --> 0:49:34.880
<v Speaker 2>Take care and go and get the help that you

0:49:35.000 --> 0:49:38.680
<v Speaker 2>need because it's obvious to me that that still remains unaddressed.

0:49:39.160 --> 0:49:39.480
<v Speaker 3>Thank you.

0:49:39.719 --> 0:49:42.280
<v Speaker 2>You will be released once you sign your fine slips.

0:49:42.360 --> 0:49:45.520
<v Speaker 2>Mister Simmons, Thank you, your honor, thank you, Thank you,

0:49:45.560 --> 0:49:46.120
<v Speaker 2>mister Moler.

0:49:46.440 --> 0:49:49.160
<v Speaker 5>Now I don't know about you, Liam, but the thing

0:49:49.239 --> 0:49:52.160
<v Speaker 5>that jumped out at me is that David Simmons is

0:49:52.280 --> 0:49:55.920
<v Speaker 5>yet again able to say exactly what he wants and

0:49:56.440 --> 0:49:57.480
<v Speaker 5>remain unchallenged.

0:49:57.800 --> 0:50:00.319
<v Speaker 1>Well, I don't know where I start on this. I'm

0:50:00.440 --> 0:50:03.920
<v Speaker 1>just I'm absolutely fascinated by this, but I can tell

0:50:03.920 --> 0:50:07.680
<v Speaker 1>you what, Allison, here's my immediate reaction. And it doesn't

0:50:07.719 --> 0:50:10.200
<v Speaker 1>take a Rhodes scholar to figure this out. Somebody needs

0:50:10.239 --> 0:50:14.680
<v Speaker 1>to get in contact with Magistrate Medcalf. Look, perhaps even

0:50:14.760 --> 0:50:16.719
<v Speaker 1>we could do that. I'm not suggesting that she knows

0:50:16.760 --> 0:50:19.280
<v Speaker 1>about this or was aware about this for one moment,

0:50:20.040 --> 0:50:22.080
<v Speaker 1>but if she does know about it, I'd love to

0:50:22.160 --> 0:50:24.920
<v Speaker 1>know what she thinks about it, because, as you know

0:50:25.040 --> 0:50:26.919
<v Speaker 1>and all our listeners would know, in a court room,

0:50:27.520 --> 0:50:29.960
<v Speaker 1>it's all about honesty, right, You have to be honest

0:50:30.480 --> 0:50:33.440
<v Speaker 1>under the law. It's the first tenant. So that the

0:50:33.520 --> 0:50:36.640
<v Speaker 1>stuff that goes on and he's given to a magistrate,

0:50:36.719 --> 0:50:39.400
<v Speaker 1>the information, the evidence, that's given to a magistrate in

0:50:39.480 --> 0:50:44.200
<v Speaker 1>this case in mitigation from his lawyer, from David simmons

0:50:44.280 --> 0:50:49.200
<v Speaker 1>lawyer has to be an honest representation of what's happened. Now,

0:50:49.480 --> 0:50:53.040
<v Speaker 1>let me point out exactly what's gone on here, Rhys Moler,

0:50:53.200 --> 0:50:54.920
<v Speaker 1>and I'm just going to go back to I'm going

0:50:55.000 --> 0:50:58.000
<v Speaker 1>to go back to the transcript of what happened when

0:50:58.040 --> 0:51:02.760
<v Speaker 1>he got up to tell magistrate that David Simmons should

0:51:02.800 --> 0:51:05.879
<v Speaker 1>not be punished very severely for this at all. Right,

0:51:06.640 --> 0:51:09.600
<v Speaker 1>before I get to the key stroke here, he also says,

0:51:10.239 --> 0:51:13.279
<v Speaker 1>as our listeners have heard, he makes this comment. He says,

0:51:13.560 --> 0:51:18.960
<v Speaker 1>mister Simmons, please remain indicative of an acceptance of responsibility,

0:51:19.600 --> 0:51:24.160
<v Speaker 1>an acceptance of responsibility. So let's be completely transparent about this.

0:51:24.840 --> 0:51:27.160
<v Speaker 1>A plea deal has been done, and I'm very surprised

0:51:27.239 --> 0:51:30.120
<v Speaker 1>that the police prosecutor agreed to this. A plea deal

0:51:30.160 --> 0:51:34.400
<v Speaker 1>has been done. So there's two charges. Initially, there's a

0:51:34.560 --> 0:51:39.160
<v Speaker 1>charge of assaulting a public officer and there's a charge

0:51:39.200 --> 0:51:43.600
<v Speaker 1>of obstructing a public officer. And David Simmons has agreed

0:51:44.360 --> 0:51:49.640
<v Speaker 1>to plead guilty to obstructing a public officer, a plea

0:51:49.719 --> 0:51:52.960
<v Speaker 1>that incidentally he pleaded not guilty too when he first appeared.

0:51:53.320 --> 0:51:56.600
<v Speaker 1>So he's changed his plea in return for the more

0:51:56.680 --> 0:52:01.600
<v Speaker 1>serious charge of assaulting a public officer being dropped. And

0:52:01.680 --> 0:52:03.759
<v Speaker 1>this is a bloke. Just remind us again, this is

0:52:03.840 --> 0:52:08.520
<v Speaker 1>a bloke who has already been imprisoned previously for the

0:52:08.600 --> 0:52:12.640
<v Speaker 1>same charge assaulting a public officer. That charge has been

0:52:12.719 --> 0:52:15.200
<v Speaker 1>dropped in order for him to plead guilty on the

0:52:15.280 --> 0:52:18.640
<v Speaker 1>other one. Now in mitigation, he goes on, mister Moler

0:52:18.719 --> 0:52:20.520
<v Speaker 1>on behalf of his client. He goes on to tell

0:52:20.640 --> 0:52:25.279
<v Speaker 1>Magistrate Medcalf about how David Simmons is in a whole

0:52:25.320 --> 0:52:29.719
<v Speaker 1>world of hurt because he's emotionally in turmoil. Allison, it's incredible,

0:52:30.160 --> 0:52:33.040
<v Speaker 1>and he says this, and I'm quoting from the transcript,

0:52:33.640 --> 0:52:37.239
<v Speaker 1>mister Mohler says, and in terms of the timing of

0:52:37.320 --> 0:52:41.440
<v Speaker 1>the current offending, the current offending, so that's obstructing the

0:52:41.480 --> 0:52:46.600
<v Speaker 1>public officer. Mister Moler tells the magistrate quote. It was

0:52:46.680 --> 0:52:51.240
<v Speaker 1>at a time when mister simmons partner's death, that's Amy

0:52:52.320 --> 0:52:56.640
<v Speaker 1>was being reinvestigated in the Channel seven news podcast The

0:52:56.760 --> 0:53:00.440
<v Speaker 1>Truth About Amy, And as part of that investigation, he

0:53:00.560 --> 0:53:04.239
<v Speaker 1>had been tracked down by an investigative journalist. He means me,

0:53:05.200 --> 0:53:08.160
<v Speaker 1>and that is what I'm told was the catalyst for

0:53:08.280 --> 0:53:13.239
<v Speaker 1>the escalation in his alcohol consumption and agitation at the

0:53:13.400 --> 0:53:16.279
<v Speaker 1>time of this offending. Let me repeat that, at the

0:53:16.440 --> 0:53:20.400
<v Speaker 1>time of this offending. So put, simply says mister Molar

0:53:20.600 --> 0:53:22.920
<v Speaker 1>to the magistrate. I think he struggled to cope with

0:53:22.960 --> 0:53:27.040
<v Speaker 1>the emotion and trauma, the public attention and the false

0:53:27.160 --> 0:53:31.120
<v Speaker 1>claims that were being spread. That's our claims. So this

0:53:31.200 --> 0:53:34.759
<v Speaker 1>is pretty serious stuff. So all that emotional turmoil and

0:53:34.840 --> 0:53:37.640
<v Speaker 1>all the pressure we put on him all led him

0:53:38.080 --> 0:53:41.120
<v Speaker 1>to obstructing a public officer and being, as they said,

0:53:42.080 --> 0:53:48.920
<v Speaker 1>very deeply intoxicated. Ok. One problem, mister Molar with this argument.

0:53:49.120 --> 0:53:49.960
<v Speaker 5>Yes, big problem.

0:53:50.239 --> 0:53:53.320
<v Speaker 1>We began work on this investigation on the ground in

0:53:53.400 --> 0:53:56.879
<v Speaker 1>Western Australia and the podcast on the sixth of May

0:53:57.360 --> 0:54:02.480
<v Speaker 1>twenty twenty four, almost exactly three months after David Simmons

0:54:03.040 --> 0:54:07.120
<v Speaker 1>was drunk as are skunk and running around obstructing police

0:54:07.160 --> 0:54:11.399
<v Speaker 1>officers in the course of their duty. We first met

0:54:11.520 --> 0:54:14.960
<v Speaker 1>David Simmons a week after that, on the thirteenth of May.

0:54:15.680 --> 0:54:18.480
<v Speaker 1>That's when David Simmons first found out that we were

0:54:18.560 --> 0:54:23.120
<v Speaker 1>investigating how are over three months after the offense. And

0:54:23.200 --> 0:54:26.600
<v Speaker 1>that was at the surprise surprise the Perth Central Law Courts,

0:54:27.280 --> 0:54:29.680
<v Speaker 1>in which David Simmons was very happy to have a

0:54:29.719 --> 0:54:36.640
<v Speaker 1>conversation and it went something like this, f off. That

0:54:36.800 --> 0:54:39.719
<v Speaker 1>was the end of the conversation. So can I just

0:54:39.800 --> 0:54:42.480
<v Speaker 1>come back to the point here, I would say to

0:54:43.000 --> 0:54:46.000
<v Speaker 1>the court, you've got a real problem because you have

0:54:46.120 --> 0:54:49.320
<v Speaker 1>been entirely misled. Now this wasn't challenged by the magistrate

0:54:49.360 --> 0:54:52.439
<v Speaker 1>because the magistrate understandably would have thought Magistrate metcalf would

0:54:52.440 --> 0:54:54.680
<v Speaker 1>have thought, okay, well, you know I'm being told by

0:54:54.760 --> 0:54:58.799
<v Speaker 1>Rhese Mohler. He's an associate at t Han Legal Group,

0:54:59.080 --> 0:55:01.759
<v Speaker 1>the t Han Legal Group. Prior to that, he was

0:55:01.800 --> 0:55:05.080
<v Speaker 1>a senior Federal prosecutor at the Commonwealth DPP Office.

0:55:05.360 --> 0:55:07.960
<v Speaker 5>Of course, it certainly looks like a play deal, but

0:55:08.080 --> 0:55:10.960
<v Speaker 5>I thought I'd better check with Waypole And this time

0:55:11.200 --> 0:55:16.080
<v Speaker 5>they did respond kind of. They said charge negotiations are

0:55:16.160 --> 0:55:19.440
<v Speaker 5>a common practice in criminal proceedings in this state, as

0:55:19.560 --> 0:55:25.080
<v Speaker 5>recognized in the DPP's Statement of Prosecution Policy and Guidelines.

0:55:25.640 --> 0:55:27.680
<v Speaker 5>So neither confirming nor denying.

0:55:28.200 --> 0:55:31.040
<v Speaker 1>So I'm just completely flabbagasted by all this that's.

0:55:30.880 --> 0:55:34.279
<v Speaker 5>The thing, right, Moler should have done checks. I would

0:55:34.880 --> 0:55:36.920
<v Speaker 5>so I sent him an email to find out if

0:55:36.960 --> 0:55:40.480
<v Speaker 5>he would seek to correct the record, and he replied,

0:55:41.239 --> 0:55:45.000
<v Speaker 5>Dear Allison, Unfortunately, I have not acted for mister Simmonds

0:55:45.120 --> 0:55:48.759
<v Speaker 5>since the conclusion of those proceedings. Any submissions were made

0:55:48.840 --> 0:55:53.080
<v Speaker 5>in accordance with the instructions given to me. In these circumstances,

0:55:53.400 --> 0:55:56.279
<v Speaker 5>I won't be providing any official comment on the matter.

0:55:56.840 --> 0:56:01.160
<v Speaker 5>Any queries should be directed to mister Simmons. Well, that's

0:56:01.200 --> 0:56:05.200
<v Speaker 5>easier said than done. Anyway, Moving on, apologies for being

0:56:05.360 --> 0:56:08.560
<v Speaker 5>unable to assist with your inquiries. I hope you have

0:56:08.920 --> 0:56:11.680
<v Speaker 5>a great long weekend. Kind regards real.

0:56:11.680 --> 0:56:15.239
<v Speaker 1>Smaller I mean Simmons, time and time and time again,

0:56:15.480 --> 0:56:17.880
<v Speaker 1>when are people going to wake up? He gets treated

0:56:18.000 --> 0:56:21.200
<v Speaker 1>as an endangered species and it's about time it stopped.

0:56:21.480 --> 0:56:24.200
<v Speaker 1>And if he's going to be in court, it needs

0:56:24.280 --> 0:56:24.880
<v Speaker 1>to be honest.

0:56:25.800 --> 0:56:30.560
<v Speaker 5>Now then you have Sergeant Keys right, the police prosecutor.

0:56:31.040 --> 0:56:34.480
<v Speaker 5>It would have been really easy for him to come

0:56:34.560 --> 0:56:37.680
<v Speaker 5>back and say, actually hang on, you know, like if

0:56:37.719 --> 0:56:40.240
<v Speaker 5>he'd had any inclination or anything.

0:56:41.120 --> 0:56:43.360
<v Speaker 1>Is a great point. There is no challenge to this whatsoever,

0:56:44.000 --> 0:56:46.520
<v Speaker 1>No challenge to this whatsoever. And that's from the police

0:56:46.560 --> 0:56:51.239
<v Speaker 1>prosecutor now coming back to you know, the commissioner representing

0:56:51.280 --> 0:56:55.800
<v Speaker 1>his troops and giving them albeit I think, false confidence.

0:56:56.680 --> 0:56:59.120
<v Speaker 1>Where is the role of the prosecutor in this spot

0:56:59.200 --> 0:57:01.520
<v Speaker 1>on al It's a great point to bring up. Why

0:57:01.560 --> 0:57:03.319
<v Speaker 1>aren't they jumping up? I mean, if you really want

0:57:03.320 --> 0:57:06.960
<v Speaker 1>to defend your troops at ground level, obstructing it an

0:57:06.960 --> 0:57:10.000
<v Speaker 1>assaulting in the course of your duty is bread and

0:57:10.080 --> 0:57:12.239
<v Speaker 1>butter stuff, isn't it. Why isn't he jumping up and

0:57:12.280 --> 0:57:15.440
<v Speaker 1>caught and challenging things. You see, the prosecutor's already made

0:57:15.440 --> 0:57:17.400
<v Speaker 1>an agreement. This is part of the plea deal. I

0:57:17.440 --> 0:57:21.320
<v Speaker 1>can't believe that. And nowhere, nowhere does the prosecutor remind

0:57:21.400 --> 0:57:24.840
<v Speaker 1>the magistrate that, in actual fact, you're honor, this is

0:57:24.920 --> 0:57:28.560
<v Speaker 1>his second conviction along these lines. He was previously convicted

0:57:28.600 --> 0:57:32.120
<v Speaker 1>of assaulting a police officer. This whole hearing, it's just ridiculous.

0:57:32.600 --> 0:57:34.640
<v Speaker 5>But the other thing is I mean, as the magistrate

0:57:34.760 --> 0:57:38.240
<v Speaker 5>said in her response, all of a sudden full sympathy

0:57:38.720 --> 0:57:42.680
<v Speaker 5>for David Simmons because none of this was challenge no one.

0:57:42.760 --> 0:57:46.760
<v Speaker 5>I mean, I suppose as a magistrate you'd expect somebody

0:57:46.800 --> 0:57:49.880
<v Speaker 5>would challenge this if there was inaccuracies, but it wasn't.

0:57:50.760 --> 0:57:55.960
<v Speaker 5>Just like police opposed a bench warrant to arrest him

0:57:56.760 --> 0:58:00.480
<v Speaker 5>when he didn't turn up for Amy's in quest. You know,

0:58:01.160 --> 0:58:05.080
<v Speaker 5>it's just like what is going on here with WA Police.

0:58:05.160 --> 0:58:07.400
<v Speaker 5>I mean, not to mention all the stuff we're going

0:58:07.480 --> 0:58:10.640
<v Speaker 5>to cover off in this second season, you know, beggars

0:58:10.720 --> 0:58:15.000
<v Speaker 5>belief and obviously it's really really concerning watch his space.

0:58:15.760 --> 0:58:18.800
<v Speaker 5>But in the meantime we have purposely laid low for

0:58:18.880 --> 0:58:22.600
<v Speaker 5>a bit, so WA Police has time to continue its

0:58:22.720 --> 0:58:27.240
<v Speaker 5>reignited investigation into Amy's death in preparation of an update

0:58:27.240 --> 0:58:31.520
<v Speaker 5>de brief for the state's Director of Public Prosecution, Rob Owen.

0:58:32.000 --> 0:58:36.800
<v Speaker 4>Once this investigation is complete, WA Police will present all

0:58:36.960 --> 0:58:39.920
<v Speaker 4>findings of the task force to the Office of the

0:58:40.040 --> 0:58:43.680
<v Speaker 4>Director of Public Prosecutions for his consideration.

0:58:44.480 --> 0:58:47.880
<v Speaker 5>That's what WA Police told us in a statement late

0:58:48.000 --> 0:58:51.480
<v Speaker 5>last year. We then contacted the Office of the Director

0:58:51.520 --> 0:58:53.760
<v Speaker 5>of Public Prosecutions and we're told this.

0:58:54.520 --> 0:58:57.960
<v Speaker 8>The ODPP also provides a formal charge advice function at

0:58:58.000 --> 0:59:02.680
<v Speaker 8>the request of an investigative agency, predominantly WA Police. The

0:59:02.760 --> 0:59:06.800
<v Speaker 8>ODPP and investigative agencies have an independent function within the

0:59:06.880 --> 0:59:09.680
<v Speaker 8>criminal justice system, and it is a matter for the

0:59:09.760 --> 0:59:12.640
<v Speaker 8>investigative agency as to whether they accept that advice and

0:59:12.760 --> 0:59:14.600
<v Speaker 8>decide whether to lay charges or not.

0:59:15.480 --> 0:59:18.920
<v Speaker 1>So al they seem to be saying that it's still

0:59:19.520 --> 0:59:23.280
<v Speaker 1>up to wa police as to whether charges are laid,

0:59:23.720 --> 0:59:28.200
<v Speaker 1>if any. Now if they are, the Director then decides

0:59:28.560 --> 0:59:30.680
<v Speaker 1>whether the case is strong enough to prosecute.

0:59:31.240 --> 0:59:34.120
<v Speaker 8>It is the odpp's policy to provide reasons to a

0:59:34.240 --> 0:59:39.080
<v Speaker 8>court for the discontinuance of a prosecution unless the discontinuance

0:59:39.200 --> 0:59:42.439
<v Speaker 8>is for administrative purposes only, or to do so would

0:59:42.480 --> 0:59:46.520
<v Speaker 8>prejudice the administration of justice or cause harm to a victim, witness,

0:59:46.720 --> 0:59:50.400
<v Speaker 8>or accused. It is proper to publicly explain the odpp's

0:59:50.400 --> 0:59:53.520
<v Speaker 8>approach to the question of whether a prosecution is to

0:59:53.640 --> 0:59:57.000
<v Speaker 8>continue or be terminated by reference to the factors in

0:59:57.080 --> 1:00:01.160
<v Speaker 8>the DPP Statement of Prosecution Policy and guard lines, for example,

1:00:01.640 --> 1:00:04.000
<v Speaker 8>by reference to the lack of a prima facie case,

1:00:04.600 --> 1:00:07.640
<v Speaker 8>lack of reasonable prospects of conviction, or that there is

1:00:07.720 --> 1:00:09.720
<v Speaker 8>no public interest in proceeding so.

1:00:09.880 --> 1:00:12.760
<v Speaker 1>In other words, whether they think there's enough evidence to

1:00:12.880 --> 1:00:16.160
<v Speaker 1>secure a conviction. Should Amy's case proceed to trial, And

1:00:16.240 --> 1:00:18.880
<v Speaker 1>that's what we'll be discussing in season two L We've

1:00:18.920 --> 1:00:22.560
<v Speaker 1>already established that Amy could not have shot herself, but

1:00:22.760 --> 1:00:25.880
<v Speaker 1>are the circumstances of Amy having been killed by another

1:00:25.960 --> 1:00:29.640
<v Speaker 1>person by a third party enough for her case to

1:00:29.720 --> 1:00:30.240
<v Speaker 1>go to trial.

1:00:31.160 --> 1:00:33.760
<v Speaker 5>Over the course of this season, we will be revealing

1:00:33.960 --> 1:00:37.680
<v Speaker 5>yet more evidence proving Amy couldn't have killed herself. I mean,

1:00:38.360 --> 1:00:41.160
<v Speaker 5>if there wasn't enough, but also the way the evidence

1:00:41.280 --> 1:00:45.800
<v Speaker 5>has been weighted so far, and there are clear issues

1:00:45.960 --> 1:00:49.880
<v Speaker 5>with that, which we will talk to some high caliber

1:00:50.920 --> 1:00:54.320
<v Speaker 5>people of integrity who will provide their opinions on it.

1:00:54.680 --> 1:00:57.920
<v Speaker 5>And we'll also speak to those who thought that right

1:00:58.040 --> 1:01:02.600
<v Speaker 5>from the beginning Amy's supposed suicide didn't make sense, but

1:01:02.720 --> 1:01:07.360
<v Speaker 5>were sidelined by others who were committed to the suicide

1:01:07.400 --> 1:01:11.560
<v Speaker 5>theory being pushed through no matter what. We will also

1:01:11.640 --> 1:01:14.400
<v Speaker 5>evaluate the case for the prosecution and what it means

1:01:14.520 --> 1:01:18.720
<v Speaker 5>should the DPP and WA police decide not to pursue

1:01:18.720 --> 1:01:19.480
<v Speaker 5>a conviction.

1:01:19.600 --> 1:01:23.120
<v Speaker 1>Yes, bucking the system. What happened to the detective who

1:01:23.240 --> 1:01:26.920
<v Speaker 1>stuck her neck out and refused to agree that Amy's

1:01:26.960 --> 1:01:28.200
<v Speaker 1>death was a suicide.

1:01:28.360 --> 1:01:30.560
<v Speaker 9>I then started to put the coronial file together and

1:01:30.640 --> 1:01:34.120
<v Speaker 9>I identified what outstanding lines of inquiry should be followed,

1:01:34.880 --> 1:01:37.920
<v Speaker 9>for instance, a forensic So I started looking at that

1:01:38.920 --> 1:01:41.360
<v Speaker 9>and then I asked Major Crime for a memo giving

1:01:41.400 --> 1:01:44.920
<v Speaker 9>their critical decisions on what actually how they deemed it

1:01:45.080 --> 1:01:45.840
<v Speaker 9>non suspicious.

1:01:46.280 --> 1:01:49.400
<v Speaker 1>Also new evidence putting the integrity and the reputation of

1:01:49.600 --> 1:01:51.720
<v Speaker 1>WA police under further threat.

1:01:52.080 --> 1:01:54.720
<v Speaker 5>He was so angry and stood so close to her

1:01:55.040 --> 1:01:58.200
<v Speaker 5>that she remembered feeling his spit on her face.

1:01:59.000 --> 1:02:01.080
<v Speaker 1>That's coming up. Great to be back.

1:02:01.320 --> 1:02:03.800
<v Speaker 5>Oh absolutely, Liam. We've got a big job ahead of us,

1:02:03.960 --> 1:02:07.040
<v Speaker 5>and trust me, there's a long way to go here.

1:02:07.360 --> 1:02:10.320
<v Speaker 5>And I tell you we are not giving up on this.

1:02:10.920 --> 1:02:14.640
<v Speaker 5>Amy did not kill herself. The evidence is overwhelming. Then

1:02:14.760 --> 1:02:17.880
<v Speaker 5>we also have a person of interest who had means,

1:02:18.160 --> 1:02:21.880
<v Speaker 5>motive and opportunity. So hang on to your hats. We

1:02:22.120 --> 1:02:25.120
<v Speaker 5>have a lot coming up. You won't want to miss it.

1:02:34.160 --> 1:02:37.080
<v Speaker 14>So listen see.

1:02:39.080 --> 1:02:45.240
<v Speaker 5>Sodation We both know.

1:02:45.920 --> 1:02:50.040
<v Speaker 6>Thenay untill me.

1:02:53.360 --> 1:02:53.640
<v Speaker 5>Hunt.

1:03:00.760 --> 1:03:05.200
<v Speaker 1>If you knew Amy and have information, any information about

1:03:05.240 --> 1:03:10.000
<v Speaker 1>her death, we'd love to hear from you. Just email

1:03:10.120 --> 1:03:15.240
<v Speaker 1>us at the Truth about Amy at seven dot com

1:03:15.560 --> 1:03:19.800
<v Speaker 1>dot au. That's s e v E N The Truth

1:03:19.880 --> 1:03:26.400
<v Speaker 1>about Amy at seven dot com dot Au, or visit

1:03:26.520 --> 1:03:30.960
<v Speaker 1>our website sevenews dot com dot AU, forward slash The

1:03:31.080 --> 1:03:34.880
<v Speaker 1>Truth about Amy. You can also send us an anonymous

1:03:34.920 --> 1:03:39.720
<v Speaker 1>tip at www dot the Truth about Amy dot com.

1:03:42.480 --> 1:03:45.640
<v Speaker 1>If you're on Facebook or Instagram, you can follow us

1:03:45.720 --> 1:03:49.560
<v Speaker 1>to see photos and updates relevant to the case, but

1:03:49.760 --> 1:03:52.840
<v Speaker 1>for legal reasons, unfortunately, you won't be able to make

1:03:52.960 --> 1:03:59.240
<v Speaker 1>any comments. And remember, if you like what you're hearing,

1:03:59.560 --> 1:04:03.320
<v Speaker 1>don't for get to subscribe. Please rate and review our

1:04:03.440 --> 1:04:07.000
<v Speaker 1>series because it really helps new listeners to find us.

1:04:11.680 --> 1:04:17.960
<v Speaker 1>Presenter and executive producer Alison Sandy, Presenter and investigative journalist

1:04:18.360 --> 1:04:26.480
<v Speaker 1>Liam Bartlett, Sound design Mark Wright, Assistant producer Cassie Woodward,

1:04:27.560 --> 1:04:45.320
<v Speaker 1>Graphics Jason Blanford, and special thanks to Brian Seymour. This

1:04:46.040 --> 1:04:47.640
<v Speaker 1>is a seven News production.