Found Deceased Australia - Karen Ristevski, 47, Melbourne, Vic, 29 June 2016 - #17 *Arrest*
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Maybe he ran out of $'s & didn't make legal aid??? Soooooooooo sad
The Legal Aid panel would have told him they have no mandate to waste public money on an unwinnable case, and advised him to cut his losses and try and retrieve some small mercy. .
My god , what will Ant say!.. if he is able to speak!... this has been Ant's constant theme from the moment Karen went missing... Nutty as a fruitcake , but he never backed down on his claim about Borce..
This is my big area of bafflement. I cant find the statement of Vic POL or the DPP accepting the plea, and in fact, that may well be what the plea hearing will be about, whether the Public Prosecutor will settle for that or refuse to and continue on with the trial.
It is entirely up to the Prosecutor, at this point in time, Borce pleading guilty to manslaughter is merely a step in the right direction, and unless I hear AND SEE the public prosecutor throw his hands in the air and say, alrighty Borce, have it your way , I am still clinging on to the continuation of the murder charge .
drsleuth
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I'm not liking some of these stats
https://www.sentencingcouncil.vic.g...ents/Snapshot_199_Manslaughter_April_2017.pdf
Total effective imprisonment terms Figure 6 shows the number of people sentenced to imprisonment for manslaughter from 2011–12 to 2015–16 by length of total effective imprisonment term. Total effective imprisonment terms ranged from 1 year, 5 months and 19 days (with a two-year community correction order) to 12 years, while the median total effective imprisonment term was 8 years (meaning that half of the total effective imprisonment terms were below 8 years and half were above). The most common total effective imprisonment length was 8 to less than 9 years (17 people).
https://www.sentencingcouncil.vic.g...ents/Snapshot_199_Manslaughter_April_2017.pdf
Total effective imprisonment terms Figure 6 shows the number of people sentenced to imprisonment for manslaughter from 2011–12 to 2015–16 by length of total effective imprisonment term. Total effective imprisonment terms ranged from 1 year, 5 months and 19 days (with a two-year community correction order) to 12 years, while the median total effective imprisonment term was 8 years (meaning that half of the total effective imprisonment terms were below 8 years and half were above). The most common total effective imprisonment length was 8 to less than 9 years (17 people).
Prosecutors today withdrew the murder charge and Ristevski pleaded guilty to manslaughter.
During earlier court hearings, Ristevski's lawyers had argued the murder charge should be abandoned and sought a pre-trial committal hearing on the lesser charge of manslaughter, because no jury could find there was murderous intent.
But prosecutors pushed hard for a murder trial, saying Ristevski's deceitful behaviour after the killing gave rise to the required intent.
They said the actions of concealing the body and lying to family and police were not those of a man who accidentally killed his wife.
The magistrate said the evidence was largely "circumstantial" but that the case was strong enough for a jury to convict him for murder.
Borce Ristevski pleads guilty to manslaughter of wife Karen Ristevski - ABC News (Australian Broadcasting Corporation)
During earlier court hearings, Ristevski's lawyers had argued the murder charge should be abandoned and sought a pre-trial committal hearing on the lesser charge of manslaughter, because no jury could find there was murderous intent.
But prosecutors pushed hard for a murder trial, saying Ristevski's deceitful behaviour after the killing gave rise to the required intent.
They said the actions of concealing the body and lying to family and police were not those of a man who accidentally killed his wife.
The magistrate said the evidence was largely "circumstantial" but that the case was strong enough for a jury to convict him for murder.
Borce Ristevski pleads guilty to manslaughter of wife Karen Ristevski - ABC News (Australian Broadcasting Corporation)
Armchair snoop
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According to 3AW a plea hearing is set for 27 March where a new indictment will be drawn up so that sentencing can happen expediently. Does this mean the DPP has accepted the manslaughter plea.
Prosecutors withdrew the murder charge and Ristevski entered a plea of guilty to manslaughter on Wednesday afternoon.
https://www.canberratimes.com.au/po...dumping-body-in-bushland-20190313-p513vi.html
Ok then.. if that's been reported correctly, the DPP has withdrawn the murder charge. Why , I have no idea. Maybe it was an inability to pin down cause of death precisely. Even so.. At some stage, an explanation will be issued. Of this, I am certain.
https://www.canberratimes.com.au/po...dumping-body-in-bushland-20190313-p513vi.html
Ok then.. if that's been reported correctly, the DPP has withdrawn the murder charge. Why , I have no idea. Maybe it was an inability to pin down cause of death precisely. Even so.. At some stage, an explanation will be issued. Of this, I am certain.
drsleuth
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Armchair snoop
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I reckon the DPP may have played a bit of a bluff. I don't think they were 100% positive that they could get a murder conviction after all they had no cause of death and no real motive. I think they played it out to the end. If that is the case, well played. Although it is the lesser charge of manslaughter, he will be forever known as a 'wife murderer' and that is his life ruined. Lets hope he gets close to the max, not hopeful but hoping.
drsleuth
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https://www.theage.com.au/politics/...dumping-body-in-bushland-20190313-p513vi.html
Key to the stunning plea deal struck between prosecutors and defence was Justice Christopher Beale’s pre-trial ruling that police could not tell a jury about evidence of Ristevski’s conduct after her death to prove murderous intent.
The decision crippled the prosecution case for murder.
“Given that ruling, your honour, I think we all need some time before we go any further,” prosecutor Brendan Kissane, QC, told the court on Wednesday.
When the case returned to court at 2.15pm, Mr Kissane said a fresh indictment with one charge of manslaughter would be filed.
“I will indicate, your honour, that Mr Ristevski will be pleading guilty to that charge,” Ristevski’s lawyer David Hallowes, SC, said.
BBM
Key to the stunning plea deal struck between prosecutors and defence was Justice Christopher Beale’s pre-trial ruling that police could not tell a jury about evidence of Ristevski’s conduct after her death to prove murderous intent.
The decision crippled the prosecution case for murder.
“Given that ruling, your honour, I think we all need some time before we go any further,” prosecutor Brendan Kissane, QC, told the court on Wednesday.
When the case returned to court at 2.15pm, Mr Kissane said a fresh indictment with one charge of manslaughter would be filed.
“I will indicate, your honour, that Mr Ristevski will be pleading guilty to that charge,” Ristevski’s lawyer David Hallowes, SC, said.
BBM
drsleuth
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Mr Hallowes told the pre-trial hearing there was no evidence of murderous intent from his client and that, instead, Ms Ristevski's death was more of a spontaneous killing.
Had he admitted killing her, he would have faced a substantial jail term and his relationship with the couple's daughter, Sarah, would have been irreparably damaged, Mr Hallowes said.
Prosecutors had pushed hard for a murder trial, saying Ristevski's deceitful behaviour after the killing gave rise to the required intent.
https://www.theage.com.au/politics/...dumping-body-in-bushland-20190313-p513vi.html
Had he admitted killing her, he would have faced a substantial jail term and his relationship with the couple's daughter, Sarah, would have been irreparably damaged, Mr Hallowes said.
Prosecutors had pushed hard for a murder trial, saying Ristevski's deceitful behaviour after the killing gave rise to the required intent.
https://www.theage.com.au/politics/...dumping-body-in-bushland-20190313-p513vi.html
drsleuth
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I don't understand the reason for this??
Key to the stunning plea deal struck between prosecutors and defence was Justice Christopher Beale’s pre-trial ruling that police could not tell a jury about evidence of Ristevski’s conduct after her death to prove murderous intent.
Key to the stunning plea deal struck between prosecutors and defence was Justice Christopher Beale’s pre-trial ruling that police could not tell a jury about evidence of Ristevski’s conduct after her death to prove murderous intent.
“Given that ruling, your honour, I think we all need some time before we go any further,” prosecutor Brendan Kissane, QC, told the court .
Got to say, Brendan, that's a big bucket of bad luck, right there. One wins some, one loses some and the test of a Public Prosecutor is to walk back into the court on the next one with the same unblemished fever for justice.
Can't really can Judge Beale , either. He is a stickler for the details, and this is his ruling.
I am mighty disappointed, though!.. Me AND Ant feel like a big roar up, Ant in his way, me in mine.
Got to say, Brendan, that's a big bucket of bad luck, right there. One wins some, one loses some and the test of a Public Prosecutor is to walk back into the court on the next one with the same unblemished fever for justice.
Can't really can Judge Beale , either. He is a stickler for the details, and this is his ruling.
I am mighty disappointed, though!.. Me AND Ant feel like a big roar up, Ant in his way, me in mine.
The evidence is subjective, not empirical. Apparently. It could be read in any context, and come up with murderous intent, or simply stupidity.
We will never know what a jury would have made of it. .
That's how I read it, but that doesn't mean I like it, Dr S!
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after a long time away from my last post here and my last login to WS i am back because of the news today
it will be interesting to see what happens next because it troubles me with the evidence the police have they are not confident of proving murder and instead we get this charge of manslaughter
it will be interesting to see what happens next because it troubles me with the evidence the police have they are not confident of proving murder and instead we get this charge of manslaughter
Armchair snoop
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Oh well, O'l Borce boy has a few decisions to make now. Who is going to run his business empire? Will he be able to run it from inside, aka Tony Mokbel? What the hell is he going to do with all those pecan nuts?
To put his and her family through all this, what a .
To put his and her family through all this, what a .
Oz Jen
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Mr Hallowes told the pre-trial hearing there was no evidence of murderous intent from his client and that, instead, Ms Ristevski's death was more of a spontaneous killing.
Had he admitted killing her, he would have faced a substantial jail term and his relationship with the couple's daughter, Sarah, would have been irreparably damaged, Mr Hallowes said.
Prosecutors had pushed hard for a murder trial, saying Ristevski's deceitful behaviour after the killing gave rise to the required intent.
https://www.theage.com.au/politics/...dumping-body-in-bushland-20190313-p513vi.html
Ok, so lying to your daughter all this time will not damage your relationship with her? And where is Vlasko in all this - he of the fake passport theory and nuts debacle?
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