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THE CANBERRA TIMES Saturday, November 16, 2013 canberratimes.com.au

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Call for help during court blitz

By Christopher Knaus

STOP THE DROP

Mandatory Permanent Water Conservation Measures currently apply in the ACT and Queanbeyan. Water Consumption and Dam Storage Average daily water consumption for the last week has been 122 ML a day. % Dam Consumption Date storage (ml) November 8 77 135 November 9 77 132 November 10 77 122 November 11 77 110 November 12 77 123 November 13 78 113 November 14 78 119 November 15 78 Powerball draw 913: Wining numbers 8, 5, 15, 16, 18, 29. Powerball 19. Dividends: Division 1: no winners. Division 2: $57,971.05. Division 3: $5390.80. Division 4: $148.15. Division 5: $56.95. Division 6: $35.80. Division 7: $22.35. Division 8: $13.35.

Legal Aid has asked for extra funding to support it through the Supreme Court blitz, while prosecutors warn the extra workload poses a considerable challenge without additional resources. Lawyers were told this week to prepare for a move, similar to last years blitz, designed to cut through case backlogs. It will involve the intense overlisting of almost 70 criminal cases, with the intention of holding a large number of trials over five weeks in February and March. The latest blitz is driven by Chief Justice Helen Murrell after last years effort cut through a fifth of the outstanding criminal cases.

The government provided a significant level of extra funding to support the blitz last year, with two extra judges and additional prosecutors, Legal Aid representatives and court staff. But a spokeswoman for Attorney-General Simon Corbell said next years blitz would not attract extra resources. The Director of Public Prosecutions, Jon White, said the move, while having his support as an effective way to address delays, might pose some difficulty for prosecutors. Meeting the initiative from current resources will be a considerable challenge for my office, particularly as we will still have to cover our existing responsibilities.

This, of course, includes matters in the Magistrates Court, Mr White said. I am in frequent contact with the [ Justice and Community Safety] Directorate on the issue of resources and will be monitoring the situation closely. He told an Assembly estimates committee earlier this year that prosecutors were struggling to meet their normal workload. The ACT Legal Aid Commission had also asked the government for more resources for the blitz, seeking funds to cover its internal activities and payments to private practitioners. I think its very important that we are well prepared for the blitz, and that representation both from

internal commission lawyers and the private practitioners who undertake legal aid is in place, he said. John Boersig, soon to be the commissions chief executive officer, said the move had his full support. The ACT Bar Association and the Law Society of the ACT also welcomed news of the blitz, but both raised concerns of potential logistical problems. Association president Greg Stretton, SC, called for the funding of extra judicial officers to help deal with the extra workload. The main problem is that four judges, and we have four resident judges, are going to be tied up for a number of weeks doing this

blitz, Mr Stretton said. Therefore, the question arises about other cases during that period. What is needed is the resource of another one or two judges during that period, to cope with the other cases. Law Society president Martin Hockridge echoed concerns about the logistical problems, and said he supported extra funding to help with the blitz. I understand the governments position, they put in a lot of money last year, but this type of one-off arrangement will always work better if funds are available, he said. The society is supportive of [the blitz], hopefully it can be organised, we all want to work at clearing the backlog, if we can.

Lecturer caught in child porn ring

From Page 1

DPP moves to stop Eastman inquiry in Supreme Court

By Jack Waterford

Art, vandalism and the difference

LOTTERIES

CENTENARY EVENTS
Kick Up Your Heels: UC Live! Presents: Shake It (Like a Polaroid Picture): Zierholz @ UC, 8pm Skywhale Springs Into Tuggeranong Town Park: Tuggeranong Town Park, 6.30am-9.30am The Griffyn Ensemble Elements of Canberra: Stars; Musica Viva in Schools: Mount Stromlo Road, Stromlo (until 17 November) Canberra Velocity Centenary of Canberra Match: North Woden Tennis Club, Hughes, 2pm (until 17 November) Sculpture in the Street: Rennie Street, Downer, 10am-late (until 17 November) Non-stop Centenary Trail Walk: Canberra Centenary Trail, Red Hill (until 17 November) Sportenary Budding Brumbies Launch Day: various times and locations (until 22 November) Canberra Blues & Roots Festival: Hall Polocrosse Grounds, Victoria Street, Hall (until 17 November) Musical Offerings: Fir Croi (trad. Celtic songs & contemporary music with a blues flavour), Life and Love in Music, Australian National Botanic Gardens, 12.30pm; Eat at Joes (blues and rock), Brodburger at the Glassworks, Canberra Glassworks, Kingston, 1pm; Cicilia Kemezys (jazz world flautist), Reinaldo Portillo-Castro (guitar) with Nandini (dancer), Retrato em Branco e Preto Portraits in Black & White, Belconnen Arts Centre, Belconnen, 3pm Hiroe Swen Solo Exhibition: Belconnen Arts Centre, Belconnen (until 17 November) Sportenary Try BMX for Free @ Canberra BMX Club: Canberra BMX Club, Melba, various times (until 22 November) Master Builders Australia Centenary of Canberra Young Artist Exhibition: Lonsdale Street Roasters, Braddon, 10am-1pm (Mon-Sat, until 24 November) Head Full of Flames: Punk in the Nations Capital 1977-1990: Canberra Museum and Gallery (until 24 November) Cinecity Canberra: National Film and Sound Archive (until 27 November)

The ACT Director of Public Prosecutions has begun a Supreme Court action designed to stop the inquiry into the 1995 conviction of David Eastman of murdering Australian Federal Police assistant commissioner Colin Winchester in 1989. Documents filed in the Supreme Court on Friday seek, in effect, to appeal out of time the decision last year of Justice Shayne Marshall to order an inquiry on 19 specified grounds of doubt about the safety of the conviction, and to appeal a decision last week by the inquiry head, acting Justice Brian Martin, about how those terms will be interpreted. The terms of reference include questions about Eastmans fitness to plead, alleged doubts about scientific evidence, and criticism of both the prosecution and investigating police for an alleged failure to disclose to Eastman some of the evidence that had been gathered. When Eastman sought the inquiry, counsel for the DPP did not resist, or appeal, the terms of reference for the inquiry ordered. But it later appeared before the original inquiry chief, Justice Kevin Duggan, to argue that the terms of reference should be severely read down, on the basis that they did not disclose fresh evidence, or material that could not have been used at the trial. This was rejected by Justice Duggan. More than a year later, counsel for the DPP tried, in effect, to reargue the point, but the argument was rejected summarily by Justice Martin. Justice Martin began taking evidence this week, including evidence that the judge at Eastmans trial, Justice Ken Carruthers, had been supplied, before or during the trial, with a number of psychiatric reports on Eastman. Neither Eastman nor his team then knew of the existence of the reports, which, it has been suggested, were relevant to whether the judge should have considered whether Eastman was fit to plead. Justice Carruthers, who earlier appeared by counsel to oppose the raising of his possession of the reports, has now been scheduled to appear as a witness next week, although this is now thrown into doubt by the DPPs application. The new ACT Chief Justice, Helen Murrell, has listed the DPPs application for 9.30am on Tuesday.

EYE FOR ART: Lachlan Cashman from Shredders Board Store and a wall work in Canberra. Photo: JAY CRONAN By Devon McGillicuddy

CLARIFICATION
Paul Willee, QC, acting for David Eastman in an inquiry into his 1995 murder conviction, withdrew from the case on Wednesday, without giving any reasons. Thursdays report said that Eastman was renowned for splitting with his lawyers, but, so far as the inquiry is concerned, Eastman notes his first senior counsel, Robert Richter, QC, withdrew because he had been asked to conduct a bushfire inquiry, and that his second, Paul Harris, QC, withdrew only after the Director of Public Prosecutions objected to his presence, claiming that, for different reasons, Mr Harris and two other lawyers on the Eastman team had conflicts of interest.

To the untrained eye, graffiti art and graffiti vandalism might look pretty much the same. But there is a big difference, and its a growing one as graffiti art becomes more mainstream and desirable. The recent Up Your Alley event which gave a facelift to the Lonsdale Street Traders, one of Canberras main cultural hubs, shows just how big street art is becoming in the city. Lachlan Cashman runs Shredders Board Store, located in the Lonsdale Street warehouse. He works with Sancho, of Sanchos Dirty Laundry, to promote local street artists. Mr Cashman said the street art event

was a good example of what an artist can do with a spray can. We try and support the stuff thats more art-based, the other stuff is what gives graffiti a bad name, he said. The other stuff is the tags which graffiti bombers paint on private and public property. It costs the ACT government up to $500,000 a year. Territory and Municipal Services introduced 26 walls across the territory in 2004 to provide a workspace for graffiti artists and to stop vandalism. Sancho said it was good the government supported local galleries, but it should do more to assist the rising numbers of street artists. Theres more street art popping up which is making them more aware,

she said. I think creating legal walls will help legitimise it as an art form and give artists a place to go to. Mr Cashman agreed the walls were good for providing a canvas, but didnt think there was any definite way to stop the problem completely. The walls are definitely a good idea, it comes down to the void between a graffiti artist and a graffiti bomber, he said. Nothing that anyone ever does is going to ever break the vandalism. What were trying to create is a bigger gap so you can tell whos vandalising and whos expressing themselves.

Capital street art Panorama magazine

The court has heard that police, acting on a tip-off from Canadian authorities, raided the lecturers home in September, seizing a range of electronic equipment. It heard authorities had still been sifting through the material last month, and had been attempting to identify other potential victims. The man, who cannot be named, is accused of holding 77 images of a young boy who was living with him at the time. The man is due back before the court on Monday. The court heard those images appeared to have been taken earlier this year while the boy was asleep or unconscious. It heard the accused was also seeking to become the boys guardian. More than 100 search warrants have been executed in Australia as part of Operation Thunderer, resulting in 65 arrests and 399 individual charges for men aged between 25 and 72. Internationally, 386 children have been removed from harm. Australian Federal Police commander Glen McEwen said the investigation followed a sting into a child exploitation website operating from Canada and was one of the largest of its kind carried out through law enforcement cooperation. The AFP and state and territory police worked relentlessly alongside international partner agencies to bring these offenders to justice, Commander McEwen said. This global investigation has disrupted a widespread international network of suspects, in a powerful demonstration of law enforcement working together to protect children around the world. He said investigations in Australia had been under way since early 2012 and more arrests were expected in coming months. Commander McEwen said the charges related to online purchases of child exploitation material and Australian authorities had collected terabytes of data. If you choose to view and circulate child abuse images, you will be investigated, pursued and charged, regardless of where you are located. AFP national child protection operation coordinator Todd Hunter said the six Australian children were abused in the production of exploitation material. Those charged in NSW include two teachers, a priest and a former priest, who were arrested in July and August this year. In South Australia, 12 men have been charged and will face court in December and January. Teachers, a nurse, a carer and an accountant are among 33 Queenslanders arrested. Victorian Police arrested five men, including a 50-year-old StKilda resident.