Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #48

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SouthAussie said:
From Sean Nicholls twitter post, looks like Spedding, Mags and O'Brien.
Don't know what will be said about the historical child sex charges. In the twitter video clip, Spedding says 'mr nice washing machine repair man, I'm going to come and arrest you'.

I looked on the court list, don't see his lawsuit on there at the moment. I wonder if it has been dropped/not allowed.
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mussopossum said:
Great book :)

I actually have Renes book here to start reading as well.

It was a very tragic case.

Very interesting none the less the complete story.
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He was a very odd man...when you have read it maybe you can give me an insight into what on earth he was about.....he was always shopping smoking and fiddling with the worry beads. Thats about all I got after a few "meetings". ( running into him with my boss who knew him is more accurate).Marcs ( fashion label with multiple stores as well) would close their oxford st paddington for him to privately shop. On a Saturday . The man had clout.
 
sleepinoz said:
Do you have a link for this?

I've never seen that he was found Not Guilty, I have seen that the Victorian charges were dismissed but no mention of Not Guilty. TIA
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I believe you are right! they were dismissed due to lack of evidence. As far as I know there was never a Not guilty. except for not guilty due to lack of evidence of course
 
SouthAussie said:
In a victim statement the child, now aged in her 30s, claims she was either thrown against a wall or off the bed when she woke to found herself being raped.

Court documents reveal that the mother and grandmother of the victim recall the three-year-old being greatly troubled by pain in her vagina and telling them that 'Bill did it', according to SMH.

Bill Spedding's son backs his dad over missing William Tyrrell case | Daily Mail Online
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I feel weird " liking" that information......but you deserve the kudos, if you get my drift...child sex offence court transcripts are super hard to find, its all one letter names for victims. I have 26 letters to go through , but I will...........back soon
 
SouthAussie said:
It is far too soon for any determination to have happened with his lawsuit. imo

Which is my point, in case it was missed, and whether or not my terminology suits.

I didn't say the judge/court didn't allow it. Perhaps the lawyer withdrew it as he realised it didn't fit the criteria or for some other reason. Hence my words dropped/not allowed.
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Do you have a rough time South Aussie , when he would have gone before a judge? For the girls I mean...I'm wading through other cases sentencing remarks and I feel sick. I may find it quickly with the date. Or it's not reported /published
 
SouthAussie said:
Sean Nicholls is going to be doing the report, according to sleep's link.


There is actually a snippet of the interview on Sean's twitter account ...... looks a bit sickening, actually. A bit of a police bashing. :rolleyes:

Sean Nicholls‏Verified account @SeanNic 4h4 hours ago
What happens when you become the chief person of interest in one of Australia’s most baffling child abduction mysteries? Bill Spedding speaks out on @4corners on Monday night.

Sean Nicholls on Twitter


Sean is a reporter with the ABC's Four Corners program. He has been reporting on state and national affairs for more than 20 years. A former news editor at the Sydney Morning Herald, he also spent seven years as NSW political editor. In 2012 Sean broke the first stories in what would become Operation Spicer, the Independent Commission Against Corruption's landmark investigation into rorting of political donations laws by the NSW Liberal Party.
Sean Nicholls
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I can't hear old speddo talk without thinking of kermit the frog.Stupid yes. But thats an unusual voice......so kermit......
rainbow connection is now going around my brain in a loop.
 
Here is what happened at the time Spedding was granted bail.
(quote)
In granting bail, Justice Geoffrey Bellew said one of the girls, who was three at the time of the alleged offence, had no recollection of it and "vague memories of youth" despite a 21-page statement.

He said the reliability of the complainant would probably be an issue and there were concerns about whether both girls were "coached" by an adult in making the claims.

"It is clear to me that the matters to which I have referred to will be a substantial issue in the proceedings brought against the applicant," Justice Bellew said.

"It is difficult to accept the crown submission that [the] crown case is strong."

Justice Bellew noted that Spedding was investigated over the alleged offences nearly 30 years ago and never charged.

He said Spedding becoming a person of interest in William's disappearance had "revived" the prior allegations.

Justice Bellew pointed out further shortcomings in the crown case including that it had no transcript of an interview with Spedding from the investigation in the 1980s.

He said Spedding's "need to be at liberty to prepare for trial is greater than what would otherwise be the case".

Bill Spedding granted bail over child sex charges
 
ediethedog said:
Do you have a rough time South Aussie , when he would have gone before a judge? For the girls I mean...I'm wading through other cases sentencing remarks and I feel sick. I may find it quickly with the date. Or it's not reported /published
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Daily Telegraph reported that on 11 August 2018 the Victorian charges were dismissed ... Magistrate Ronald Saines said 'I will mark all charges as withdrawn'.

The same article said he was due to attend Ballarat Magistrates Court for a costs application on 20 September 2018.

So, the Campbelltown charges would have been heard before 11 August 2018, I believe.
The charges were relying on tendency evidence.

We’re for Sydney | Daily Telegraph


Crown prosecutor Craig Everson said the prosecution would rely on tendency evidence between the two alleged victims and other allegations not the subject of charges on the indictment.
It also emerged some evidence had been lost.
https://www.smh.com.au/national/nsw...hild-sexual-assault-case-20160907-grako8.html
 
sleepinoz said:
Do you have a link for this?

I've never seen that he was found Not Guilty, I have seen that the Victorian charges were dismissed but no mention of Not Guilty. TIA
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I have seen that all of the charges were dropped or dismissed ... never a Not Guilty.

Police investigated the allegations and charged him with historical child sex offences, but all of them were dropped or dismissed because there was no evidence.
Washing machine repairman demanding $1 million over Tyrrell investigation
 
SouthAussie said:
Daily Telegraph reported that on 11 August 2018 the Victorian charges were dismissed ... Magistrate Ronald Saines said 'I will mark all charges as withdrawn'.

The same article said he was due to attend Ballarat Magistrates Court for a costs application on 20 September 2018.

So, the Campbelltown charges would have been heard before 11 August 2018, I believe.
The charges were relying on tendency evidence.

We’re for Sydney | Daily Telegraph


Crown prosecutor Craig Everson said the prosecution would rely on tendency evidence between the two alleged victims and other allegations not the subject of charges on the indictment.
It also emerged some evidence had been lost.
https://www.smh.com.au/national/nsw...hild-sexual-assault-case-20160907-grako8.html
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thank you soooo much .....it was dismissed so poss no remarks to be found. I will look ..
 
ediethedog said:
He was a very odd man...when you have read it maybe you can give me an insight into what on earth he was about.....he was always shopping smoking and fiddling with the worry beads. Thats about all I got after a few "meetings". ( running into him with my boss who knew him is more accurate).Marcs ( fashion label with multiple stores as well) would close their oxford st paddington for him to privately shop. On a Saturday . The man had clout.
Click to expand...

LOL

Sounds like a very colorful character :)
 
So Spedding's charges were dismissed, and that's exactly what Justice Bellew stated at the time about it being a weak case. So all the Trial/s did was prove him correct.
It went through the judicial process and i thought at the time they were going ahead with the Trial/s they must of had some new evidence that was different to what they had 30 years ago to try to gain a conviction this go round. But that doesn't appear to be the case?
I have never really known of a case that didn't have any evidence to proceed to Trial to try and gain a conviction.
I guess they don't have Preliminary hearings or Grand Jury's in Australia to determine those things first before Trial?
 
some real sickos out there! Like we didn't already know, but so many child sex offences at the district court....and really awful horrible can't unread it details....so many in nsw . Interestingly the vile one I just skimmed over is a historical one. 1970 . very young child . He got time for that....thankfully . Not enough, but at least he is off the street. I can't deal with child sexual abuse , my constitution is tough in other cases, that is a subject I go to jelly everytime.
 
march the 5th it was dismissed.
al Citation: Spedding v Dailymail.com Australia Pty Ltd [2018] NSWSC 1963
Hearing dates: 23 November 2018, 12 December 2018
Decision date: 14 December 2018
Jurisdiction: Common Law
Before: McCallum J
Decision:

That the limitation period for bringing an action on the causes of action for defamation pleaded in pars 3, 7 and 11 of the statement of claim filed 22 March 2018 be extended to 22 March 2018; that the plaintiff’s notice of motion filed 1 May 2018 otherwise be dismissed.

Catchwords: LIMITATION OF ACTIONS – general – application of statutes of limitation – action for defamation – imputation that the plaintiff is a convicted paedophile – where plaintiff facing criminal charges for sexual offences against children at time of publication – advice obtained from senior and junior counsel that no defamation claim should be pursued prior to conclusion of criminal proceedings – whether “not reasonable test” satisfied
Legislation Cited: Limitation Act 1969 (NSW), s 56A
Cases Cited: Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304
Houda v State of New South Wales [2012] NSWSC 1036
Category: Procedural and other rulings
Parties: William Spedding (plaintiff)
Dailymail.com Australia Pty Ltd (defendant)
Representation:
Counsel:
L Goodchild then T Molomby SC (plaintiff)
S Chrysanthou (defendant)

Solicitors:
O’Brien Criminal & Civil Solicitors Pty Ltd (plaintiff) Mark O’Brien Legal (defendant)
File Number(s): 2018/91447
Publication restriction: None




Judgment



  1. HER HONOUR: William Tyrrell went missing as a toddler in 2014 and has never been found. William Spedding has been identified as a person of interest in the police investigation into his disappearance. In January 2015, police searched Mr Spedding’s home and questioned him. Since then, Mr Spedding has been the subject of regular attention in the media.

  2. In August and September 2016, two articles were published in The Daily Mail Australia discussing the police investigation with particular focus on developments concerning Mr Spedding. The articles referred to Mr Spedding as a “convicted paedophile”. That was wrong, as the newspaper subsequently acknowledged. At the time of publication of the articles, Mr Spedding faced historical charges of child sexual abuse in both New South Wales and Victoria (apparently relating to the same complainant) but had not been convicted of any such offence.

  3. On 5 March 2018, the New South Wales charges were dismissed and Mr Spedding was informed that the Victorian charges were also going to be withdrawn. Within less than three weeks after the dismissal of the New South Wales charges, Mr Spedding commenced these proceedings seeking damages for defamation against the proprietor of The Daily Mail.
The plaintiff’s application



  1. The action is out of time. The limitation period for defamation is one year. At the time the statement of claim was filed, Mr Spedding’s causes of action for the two articles from 2016 were over six months out of time. The statement of claim also included a claim on a cause of action arising from an article dating back to April 2015 which was almost two years out of time. Mr Spedding has accordingly applied for an extension of the time within which to bring the proceedings. This judgment determines that application.

  2. The order sought in the notice of motion filed 1 May 2018 is “that the time to bring this action be extended to 22 March 2018” (the date on which the statement of claim was filed). However, as already noted, the statement of claim sues on a number of separate publications, each of which gives rise to a separate cause of action. The relief sought should more appropriately have been framed by reference to each individual cause of action.
Determination of the plaintiff’s applicatio
 
I'm off for a lie down after wading through vomit inducing case after case. How can a parent do that ..? I have a strong stomach, but nope ...........the *advertiser censored* i just saw makes me sick to my stomach. shower first then lie down..give me any crime over that......there was so many cases that they were making *advertiser censored* with own kids. I will be back later, I can't go very far as I'm waiting for a spinal operation and can only hobble.....hence I'm housebound and on Websleuths!
 
ediethedog said:
march the 5th it was dismissed.
al Citation: Spedding v Dailymail.com Australia Pty Ltd [2018] NSWSC 1963
Hearing dates: 23 November 2018, 12 December 2018
Decision date: 14 December 2018
Jurisdiction: Common Law
Before: McCallum J
Decision:

That the limitation period for bringing an action on the causes of action for defamation pleaded in pars 3, 7 and 11 of the statement of claim filed 22 March 2018 be extended to 22 March 2018; that the plaintiff’s notice of motion filed 1 May 2018 otherwise be dismissed.

Catchwords: LIMITATION OF ACTIONS – general – application of statutes of limitation – action for defamation – imputation that the plaintiff is a convicted paedophile – where plaintiff facing criminal charges for sexual offences against children at time of publication – advice obtained from senior and junior counsel that no defamation claim should be pursued prior to conclusion of criminal proceedings – whether “not reasonable test” satisfied
Legislation Cited: Limitation Act 1969 (NSW), s 56A
Cases Cited: Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304
Houda v State of New South Wales [2012] NSWSC 1036
Category: Procedural and other rulings
Parties: William Spedding (plaintiff)
Dailymail.com Australia Pty Ltd (defendant)
Representation:
Counsel:
L Goodchild then T Molomby SC (plaintiff)
S Chrysanthou (defendant)

Solicitors:
O’Brien Criminal & Civil Solicitors Pty Ltd (plaintiff) Mark O’Brien Legal (defendant)
File Number(s): 2018/91447
Publication restriction: None
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The case was not dismissed. This was an application by BS for an extension of time to file defamation proceedings. He was granted an extension in relation to one article from 2016, but not another one from 2015.
 
SouthAussie said:
From Sean Nicholls twitter post, looks like Spedding, Mags and O'Brien.
Don't know what will be said about the historical child sex charges. In the twitter video clip, Spedding says 'mr nice washing machine repair man, I'm going to come and arrest you'.

I looked on the court list, don't see his lawsuit on there at the moment. I wonder if it has been dropped/not allowed.
Click to expand...
BBM, I take it you're referring to the new case, the one against the police. I wonder too. Perhaps he's accepted a settlement offer.
 
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