blow - Bad Sporters https://www.badsporters.com News Blogging About Athletes Being Caught Up Thu, 07 May 2020 07:44:38 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 'Suspicion is not proof': State's case Sarah Spiers was Claremont killer's first victim dealt serious blow https://www.badsporters.com/2020/05/07/suspicion-is-not-proof-states-case-sarah-spiers-was-claremont-killers-first-victim-dealt-serious-blow/ https://www.badsporters.com/2020/05/07/suspicion-is-not-proof-states-case-sarah-spiers-was-claremont-killers-first-victim-dealt-serious-blow/#respond Thu, 07 May 2020 07:44:38 +0000 https://badsporters.com/?p=5881 She claimed he was in a state of emotional turmoil amid his marriage breaking down and had a tendency to attack women he didn’t know when upset. Loading However on Wednesday, Ms Barbagallo conceded the state would no longer be continuing with its ‘emotional upset’ evidence after the defence argued it was inadmissible, meaning Mr […]

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She claimed he was in a state of emotional turmoil amid his marriage breaking down and had a tendency to attack women he didn’t know when upset.

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However on Wednesday, Ms Barbagallo conceded the state would no longer be continuing with its ‘emotional upset’ evidence after the defence argued it was inadmissible, meaning Mr Edwards’ alleged motive for the murder falls away.

The ‘Spiers brief’ took a second hit when Justice Stephen Hall indicated he would likely ban the state from submitting evidence to the trial that argued the three women who disappeared from Claremont in the mid-90s were statistically more likely to have been murdered by the same person.

Prosecutors had called three police witnesses and developed a homicide spreadsheet in an attempt to prove statistics indicated the same person killed Ms Spiers, Jane Rimmer and Ciara Glennon.

Defence lawyer Paul Yovich argued the evidence was irrelevant and Justice Hall agreed.

“If two or three people are murdered or go missing over a period of many years in an urban geographical area with a very large population, why is there necessarily any greater likelihood that there is a single perpetrator than multiple perpetrators?” Justice Hall said.

“There may be suspicion in this regard … but suspicion or intelligence is not proof.”

The preliminary ruling stripped the state’s case against Mr Edwards in relation to Ms Spiers down to propensity evidence that whoever murdered Ms Rimmer and Ms Glennon also murdered Ms Spiers.

Its only piece of witness evidence linking Mr Edwards to her murder was a Mosman Park couple who heard screams the night Ms Spiers disappeared and then saw a light-coloured station wagon’s door slam shut and the vehicle drive off.

The car generally matched the description of the white Toyota Camry station wagon Mr Edwards drove for work at the time.

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Ms Barbagallo conceded during her opening address that while the evidence in Ms Spiers case was not strong “in isolation”, it was strengthened by the similarities between the three women’s disappearances.

She listed the location of the abductions; that the women were all last seen standing or walking alone on the periphery of Claremont looking for transport home late at night; the 14-month timeframe in which they were murdered and their similar age and appearance.

“Nearly 22 years have passed since the phrase ‘The Claremont serial killer’ was coined, a reference to the sudden disappearance and wilful murders of three young women,” Ms Barbagallo said.

“Of course, such a phrase means nothing until the state can prove that to Your Honour’s satisfaction beyond reasonable doubt that there was a serial killer at work in the Claremont area.”

The state has also submitted propensity evidence that Mr Edwards had a tendency to attack women he didn’t know, which will be used in relation to Ms Spiers’ case as well as Ms Rimmer’s and Ms Glennon’s.

The evidence relates to a social worker Mr Edwards attacked at Hollywood Hospital in 1990 and his abduction and rape of a 17-year-old girl from Claremont in 1995.

The teenager was walking alone at night away from Club Bayview when she was attacked, which the state also claimed showed Mr Edwards had a tendency to attack women in Claremont at night.

A series of young women also gave evidence during the trial alleging a man in a Telstra vehicle offered them lifts home from areas in the western suburbs in the mid-90s.

The state claims that man was Mr Edwards, although Mr Yovich said the state was drawing a long bow to imply the driver on each occasion was the same person, let alone Mr Edwards.

Mr Edwards was arrested on December 22, 2016 on suspicion of being the Claremont serial killer, however, he made no admissions during his police interview and was subsequently charged with the murders of Ms Rimmer and Ms Glennon only.

Prosecutors allege there is forensic evidence linking Mr Edwards to the two murders, being DNA and fibres for Ms Glennon and fibres for Ms Rimmer.

Mr Edwards was charged with Ms Spiers’ murder in January 2018.

He denies all three murders.

Ms Spiers father, Don Spiers, has regularly attended Mr Edwards’ trial since it commenced in November.

The trial is expected to hear closing submissions from June 8 before Justice Hall retires to reach his verdict.

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Aquanita charges a body blow to whole industry https://www.badsporters.com/2018/01/09/aquanita-charges-a-body-blow-to-whole-industry/ https://www.badsporters.com/2018/01/09/aquanita-charges-a-body-blow-to-whole-industry/#respond Tue, 09 Jan 2018 13:12:51 +0000 http://www.badsporters.com/?p=1464 Tony Vasil. Photo: Ken Irwin To say the news of charges being laid against people connected to the Aquanita Racing banner for alleged treatment of horses on race day has rocked racing is an understatement.  The scale of the Aquanita business and its unique set-up make the organisation a fundamental player in the racing industry.  Designed […]

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To say the news of charges being laid against people connected to the Aquanita Racing banner for alleged treatment of horses on race day has rocked racing is an understatement. 

The scale of the Aquanita business and its unique set-up make the organisation a fundamental player in the racing industry. 

Designed so trainers can concentrate on the core business of training while Aquanita managed the administrative side of the business, there are close to 300 horses listed on the organisation’s website as under their care.

Two of the trainers charged, Robert Smerdon and Tony Vasil, have won a VRC Oaks, Derby and Caulfield Cup between them and have been leading trainers in the state for nearly two decades. 

Now, after an inquiry that started in October last year and remains ongoing, Smerdon and Vasil face charges for engaging, 115 and seven times respectively, in “a practice that was dishonest, corrupt or fraudulent, improper or dishonourable, in that he was a party to the administration of alkalinising agents and/or medications to a horse or horses on a race day”. 

They are serious charges with the allegations regarding Smerdon stretching from June 2010 to October 2017, while Vasil’s charges relate to alleged practices between 2010 and 2013. 

Smerdon trained Mosheen to victory in the 2011 VRC Oaks, while Vasil’s high point came much earlier when he trained champion stayer Elvstroem to victory in both the 2003 VRC Derby and 2004 Caulfield Cup. 

Trainers Trent Pennuto and Liam Birchley have also been charged as well as employees and former employees of the Smerdon and Vasil, Greg and Denise Nelligan, Daniel Garland and Stuart Webb, who trained Yosei to group 1 wins. 

The total number of charges laid against the eight people is 271. 

What it means for the Aquanita business in both the short term and the long term is anyone’s guess as the stewards seek legal advice on the continued involvement in racing of those charged until the hearing. 

Until that decision is made, any ramifications for the horses being trained under Aquanita remain an open question. 

Aquanita has a complex administrative structure that allows individual trainers to operate under the Aquanita umbrella, so the exact impact of any decision to stand aside trainers remained unclear last night. 

Adding to the significance of the announcement is the fact one of Aquanita’s board members is Melbourne Racing Club chairman Mike Symons.

Symons denied any suggestions he was aware of any wrongdoing soon after news of an inquiry became public and there is also no suggestion he is under any suspicion of wrongdoing. 

What Symons won’t deny is that the charges against people racing horses as part of the Aquanita set-up are serious enough to shake the industry to its foundations. 

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