Found Deceased Australia - Karen Ristevski, 47, Melbourne, Vic, 29 June 2016 - #16 *Arrest*

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http://www.austlii.edu.au/au/journals/NSWBarAssocNews/2011/42.pdf

This is the link for the Ian Barker QC article.

It might lift the spirits of anyone who has doubts.

Again, a great Post from you.:)
Loads 'bed time' reading later tonight when I am concentrating, but I loved the last paragraph: gives me hope.
I'll find important points to think about, but when glancing through, found my 'skeins of wool' being mentioned, so this guy probably also knits.
Hope you find the section, I am referring to.
 
From everything I've read here and from the media my personal opinion is that this will go to trial. If it were just based on what we have heard so far? I would be uneasy to say for sure. However I feel like we haven't seen the big guns come out yet, and the Police don't just go around handing out charges for murder unless they're damn sure they've got their man. Well at least I like to think so anyway.
I think there are big things to come next week. I'm keenly waiting to see what comes out during this time.
My thoughts are with Karen's family during this. It cannot be easy by any meassue to have to wait for an outcome. I hope justice prevails.
 
I’ve not posted links to any articles in quite some time, I think it’s Armchair snoop that deserves credit for that article.


Yes.
All my praise goes to Armchair.
I copied the article, and then quoted the wrong name, right in front of me.
Sorry.:(:( Lucky, had time to edit, and only WE will know.:rolleyes::rolleyes:
Wow, what a difficult read.
I wouldn't like to be a juror, and have the Judge, give me pointers: very difficult.
 
From everything I've read here and from the media my personal opinion is that this will go to trial. If it were just based on what we have heard so far? I would be uneasy to say for sure. However I feel like we haven't seen the big guns come out yet, and the Police don't just go around handing out charges for murder unless they're damn sure they've got their man. Well at least I like to think so anyway.
I think there are big things to come next week. I'm keenly waiting to see what comes out during this time.
My thoughts are with Karen's family during this. It cannot be easy by any meassue to have to wait for an outcome. I hope justice prevails.

I hope you are right & that there are some big things to come out next week, however on Monday, the media reported that the prosecutor presented a summery of the case against Borce.

That summary was essentially the conflicting stories Borce provided to police, mobile phone evidence showing where his phone (and Karen’s) were on the day Karen went missing and evidence of him traveling to Mt Macedon (CCTV, petrol consumption & witnesses).

I would’ve expected any other major points of evidence would’ve been mentioned in that summary on the first day of this hearing. There is no value in holding them back for surprise value, as the defence is already privy to the brief of evidence.
 
I hope you are right & that there are some big things to come out next week, however on Monday, the media reported that the prosecutor presented a summery of the case against Borce.

That summary was essentially the conflicting stories Borce provided to police, mobile phone evidence showing where his phone (and Karen’s) were on the day Karen went missing and evidence of him traveling to Mt Macedon (CCTV, petrol consumption & witnesses).

I would’ve expected any other major points of evidence would’ve been mentioned in that summary on the first day of this hearing. There is no value in holding them back for surprise value, as the defence is already privy to the brief of evidence.

I'm in agreement with your point "I would've expected any other major points of evidence" - it worries me that a lone Magistrate may not see the 'big picture' if other points are not released.
 
I'm in agreement with your point "I would've expected any other major points of evidence" - it worries me that a lone Magistrate may not see the 'big picture' if other points are not released.

I share your concern, but surely the prosecution have a very strong knowledge regarding how to present the most compelling case possible to the magistrate, to maximise their chances of having the accused committed to stand trial?

I’m not familiar with where the threshold between a dismissal and being made to stand trial on the charges lies, so I don’t know how this hearing measures up on that scale so far. However, I do believe if anybody can convince the magistrate to commit this matter to trial then it is the prosecution & I try to take solace in that.
 
I hope you are right & that there are some big things to come out next week, however on Monday, the media reported that the prosecutor presented a summery of the case against Borce.

That summary was essentially the conflicting stories Borce provided to police, mobile phone evidence showing where his phone (and Karen’s) were on the day Karen went missing and evidence of him traveling to Mt Macedon (CCTV, petrol consumption & witnesses).

I would’ve expected any other major points of evidence would’ve been mentioned in that summary on the first day of this hearing. There is no value in holding them back for surprise value, as the defence is already privy to the brief of evidence.

I can see your point and it's certainly valid. Who knows what will come out next week. Time will tell.
 
I also hope that the mobile phone evidence (the precise nature of which we don’t know, due to a suppression order) is even more powerful than showing that Borce & Karen’s phones both travelled a certain route on the day Karen went missing.

The prosecution did claim that the phone evidence showed that both Karen and her phone were present in a car being driven by Borce.

I speculated in a previous post as to how this may be possible. If this indeed the case, then things suddenly look much worse for Borce. He claims he last saw Karen when she left home on foot, so evidence that Karen & her phone were in the Mercedes with Borce en route to Mt Macedon is damning as far as I’m concerned.
 
I am not a lawyer, but my understanding is that the prosecution can choose what evidence they use during the commital hearing, and could theoretically save the big stuff for trial.

However, the brief of evidence must contain all evidence upon which the prosecution may rely upon in the trial, should the matter go to trial.

Since the defence is already in possession of the brief of evidence by the commital hearing, I can see no reason why the prosecution would hold back any really big stuff for the trial.

Surely it makes sense to use the really big stuff in the commital hearing to ensure the matter goes to trial?

Everything that comes out during the comittal hearing can also be used as evidence in the trial, so airing strong evidence at the commital hearing won’t dilute its potential impact at trial.
 
Any mention of a shovel yet?

7 News Melbourne

No mention to the best of my knowledge. I’d been thinking about it myself earlier this evening. It occurred to me that just maybe this information was published at the request of police with the hope of provoking Borce to say something useful on the listening devices/phone taps they deployed.
 
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I also hope that the mobile phone evidence (the precise nature of which we don’t know, due to a suppression order) is even more powerful than showing that Borce & Karen’s phones both travelled a certain route on the day Karen went missing.

The prosecution did claim that the phone evidence showed that both Karen and her phone were present in a car being driven by Borce.

I speculated in a previous post as to how this may be possible. If this indeed the case, then things suddenly look much worse for Borce. He claims he last saw Karen when she left home on foot, so evidence that Karen & her phone were in the Mercedes with Borce en route to Mt Macedon is damning as far as I’m concerned.

Yes Amalgam, I've been thinking along the same lines as you that the phone pings are absolutely damning evidence that the Merc, Borce and Karen all headed out the day she went missing in the same direction, (last pinged relatively close) to the vicinity where her body was eventually discovered.
There's just no explaining that away. If it's obvious to us, it's obvious to the magistrate. I have no doubt he'll be sent to trial.
 
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