Australia - Frances Crawford 49, found dead after suspicious lawn mower accident in Queensland.

[Trooper]

Hi All - I just had a look at the Court Data Australia Database (I have paid subscription) and see that RJC has apparently Probate in the Supreme Court listed on 35th October 24. Would this be him lodging?

If he is the executor of the will of Frances, then that's what it would be. The point of probate , at least, one of the points of probate , is to allow time for any creditors of the deceased to lodge application for payment of overdue bills, subscriptions, payments owning, stuff like this, to be attended to before the assets are distributed from the deceased estate.

'Estate ' being property, stocks, shares, jewelry, art collection,, valuable porcelain, etc, all the things people own, collect, etc...all the stuff people hold title. or provenance to... one's possessions that may hold value...

Once a certain time has passed, eg, sometimes 6 months, sometimes 9, depends very much on the extent of the estate itself and the business of the deceased, then probate is applied for.

Once the probate court learns the executor, if this is the actual case, is currently being held at the city watchhouse on a charge of murder of the very person who's estate he is applying for probate, all probate matters come to a screaming halt, as you can imagine, and the probate court slams the book shut until this other 'matter' is resolved.

 

[Marg944]

https://apps.courts.qld.gov.au/esearching/FileDetails.aspx?Location=BRISB&Court=SUPRE&Filenumber=14526/24

 

[Marg944]

Hi All - I just had a look at the Court Data Australia Database (I have paid subscription) and see that RJC has apparently Probate in the Supreme Court listed on 35th October 24. Would this be him lodging?

I’m not sure the Probate is regarding Frances. I looked up the listing (link below), from a different site, and it says “Date Filed” is 2011, and from what I can make out, it is related to a deceased Robert John Crawford.

https://apps.courts.qld.gov.au/esearching/FileDetails.aspx?Location=BRISB&Court=SUPRE&Filenumber=10848/11

 

[Trooper]

These are some of the grounds that Bail can be refused. ( it is an inherent right that one can apply for bail, regardless of the charge, in QLD )''

There is a general presumption persons are granted bail. This is unless there is an unacceptable risk of the person:​

• Failing to appear.
• Committing an offence.
• Endangering the safety or welfare of a person.
• Interfering with witnesses.
• Obstructing the course of justice.

Bail may also be refused if the defendant should remain in custody for their own protection.



When deciding if any of above-mentioned things apply, the Court will look at:

• If you have a criminal history.
• If you have any entries on your criminal history for similar offences
• The nature and seriousness of the offence you are charged with.
• Your character, antecedents, associations, home environment, employment and background.
• If you have breached bail in the past or failed to appear.
• The strength of the prosecution case.
• if you are charged with a domestic violence offence or an offence against the Domestic and Family Violence Protection Act 2012, section 177(2)—the risk of you committing further domestic violence or associated domestic violence.
• any promotion by you of terrorism.
• any association you have, or had with a terrorist organisation within the meaning of the Criminal Code (Cwlth), section 102.1(1) or a person who has promoted terrorism.

 

[Gidz]

I’m not sure the Probate is regarding Frances. I looked up the listing (link below), from a different site, and it says “Date Filed” is 2011, and from what I can make out, it is related to a deceased Robert John Crawford.

https://apps.courts.qld.gov.au/esearching/FileDetails.aspx?Location=BRISB&Court=SUPRE&Filenumber=10848/11

Thank you & sorry all

 

[SouthAussie]

Hi All - I just had a look at the Court Data Australia Database (I have paid subscription) and see that RJC has apparently Probate in the Supreme Court listed on 35th October 24. Would this be him lodging?

I’m not sure the Probate is regarding Frances. I looked up the listing (link below), from a different site, and it says “Date Filed” is 2011, and from what I can make out, it is related to a deceased Robert John Crawford.

https://apps.courts.qld.gov.au/esearching/FileDetails.aspx?Location=BRISB&Court=SUPRE&Filenumber=10848/11

I am a bit confused by this probate thing. What on earth would be probated 13 years after the first listing? And listed in the Supreme Court for the same day that his lawyer filed an intent to apply for bail.

 

[Bear13]

Any thoughts on this? If they don’t produce any evidence is there a chance RC could get bail? Concerning.

Mr McGuinness told the court the brief was “scant” and “almost without any information” to support the charge of murder.
He said no forensic evidence nor a cause of death had been provided and other details needed to be disclosed.

 

[Trooper]

Any thoughts on this? If they don’t produce any evidence is there a chance RC could get bail? Concerning.

Mr McGuinness told the court the brief was “scant” and “almost without any information” to support the charge of murder.
He said no forensic evidence nor a cause of death had been provided and other details needed to be disclosed.
View attachment 542495

Mr McGuinness is earning his fee. I would expect him to claim no less than this..... It is what one's defence lawyer is supposed to say at this point.........he is putting forward the best aspect of it all to get bail for his client...


65 statements is a lot, though, ....as witness statements... witnesses to what , is the crux of the matter, witnesses to violence, witnesses to argument, witnesses to whatever.... they must be significant witnesses according to QLD pol, ....I do not get the impression that Crawford was an afficionado of the church Mrs Crawford attended... She, apparently, was a solid member, a regular adherent, an upstanding devotee, according to the padre, but nothing about him going along with it.......

 

[SouthAussie]

Any thoughts on this? If they don’t produce any evidence is there a chance RC could get bail? Concerning.

Mr McGuinness told the court the brief was “scant” and “almost without any information” to support the charge of murder.
He said no forensic evidence nor a cause of death had been provided and other details needed to be disclosed.
View attachment 542495

I wouldn't think that the delay in test reports should affect a bail decision.

Though it sounds as if the defence lawyer is pushing and highlighting that they don't know the strength of the prosecution case yet - perhaps as a setup for the bail hearing. One would hope that a Supreme Court judge would err on the side of caution (at the bail hearing).


(Paraphrased)
Biomedical engineering expert report - due in the coming weeks
Pathology report - due in January
DNA report - due date uncertain because of the known Qld lab issues with DNA testing
Activity on electronic devices - not yet delivered to the defence
Brief of evidence will be ready by February
Evidence will be disclosed to the defence as the reports are received by the police.

https://www.theaustralian.com.au/breaking-news/cause-of-death-in-wifes-alleged-mower-murder-still-not-provided-as-raaf-pilot-husband-faces-court/news-story/ad03b3eec091b61e21d3dd18f9b23b5c

 

[TootsieFootsie]

Wow reports due next year, it's kind of hard to understand why it would take that long.

 

[Marg944]

Wow reports due next year, it's kind of hard to understand why it would take that long.

Especially the delay with pathology. Queensland Pathology have had a long time to get their act together!

December 2022 the Commission of Inquiry into DNA Testing in Queensland made 123 recommendations which were accepted by the Queensland Government. Surely nearly 2 years down the track you would think the situation would have improved!

The Commission of Inquiry into Forensic DNA Testing in Queensland

On 6 June 2022, the Queensland Government announced the Commission of Inquiry into Forensic DNA Testing in Queensland.

www.health.qld.gov.au

Queensland lab at the centre of DNA testing failures allegedly beset by workplace conflicts​

“Guardian Australia can reveal the state government engaged consulting companies, psychologists, mediators and lawyers in an attempt to fix long-running cultural problems at the Queensland Health forensic and scientific services facility.

Whistleblowers claim these issues existed about the same time that the lab implemented DNA testing practices that have now cast doubt over potentially thousands of criminal cases.
A commission of inquiry into forensic DNA testing in Queensland will begin public hearings this week. A preliminary report by the commissioner, the former court of appeal president Walter Sofronoff QC, concluded serious shortfalls at the state’s DNA lab, including a failure to test samples under a certain DNA threshold from 2018.

The Queensland police service has established a taskforce to re-examine thousands of major crime cases and two senior staff members have been stood down. There is no suggestion either was responsible for cultural problems or the subject of an internal complaint.”

Queensland lab at the centre of DNA testing failures allegedly beset by workplace conflicts

Exclusive: state government was aware of problems at forensic lab, which included bullying complaints and ‘vendettas’ against managers

www.theguardian.com

 

[acehard]

Is there no "speedy trial" clause in Australia? IMO this is way too long after being detained

 

[TootsieFootsie]

Major update in case against pilot charged with wife's murder

Prosecutors have revealed a major development in their case against an air force pilot charged with the murder of his wife following a suspected ride-on mower 'accident'.

www.dailymail.co.uk

The court was told the brief referred to 'evidence of inconsistencies with the defendant's versions of the scene' and the injuries suffered of the victim.

Mr McGuinness said the brief stated it was supported by forensic evidence and 'activity on electronic devices', which he said had not been disclosed.

The matter was adjourned to November 8 for a further mention.

 

[SouthAussie]

Is there no "speedy trial" clause in Australia? IMO this is way too long after being detained

We have a right to a fair and 'prompt' trial.
I guess that fairly generous bail laws, and the fact that any time already served in pre-trial remand is time off your sentence, are supposed to compensate for delays.


All people have the right to a fair and prompt trial, on the basis that all citizens are considered equal before the law.

Fair and Prompt Trial | Rule of Law Education Centre

www.ruleoflaw.org.au

 

[Trooper]

Major update in case against pilot charged with wife's murder

Prosecutors have revealed a major development in their case against an air force pilot charged with the murder of his wife following a suspected ride-on mower 'accident'.

www.dailymail.co.uk

The court was told the brief referred to 'evidence of inconsistencies with the defendant's versions of the scene' and the injuries suffered of the victim.

Mr McGuinness said the brief stated it was supported by forensic evidence and 'activity on electronic devices', which he said had not been disclosed.

The matter was adjourned to November 8 for a further mention.

A perfectly reasonable conclusion to reach, considering one of the accusations that he is being charged with is that he interfered with her corpse, ... he moved her body after murdering her. Hence, inconsistencies.......

'activity on electronic devices'.. ey...... those devices are a real inconvenience when one is on trial for murder.

 

[Trooper]

Is there no "speedy trial" clause in Australia? IMO this is way too long after being detained

If only AU was Denmark, or Sweden, or Finland, where the rule of law is considered to be the top ranking... the USA currently ranks 24th.

At least, AU is not Cameroon.... Australia ranks 11th on that world scale, the UK running at 15th...... Canada at 12th.... Poland at 33....

WJP Rule of Law Index

Explore rule of law rankings for 142 countries in the WJP Rule of Law Index

worldjusticeproject.org

 

[Kemug]

If only AU was Denmark, or Sweden, or Finland, where the rule of law is considered to be the top ranking... the USA currently ranks 24th.

At least, AU is not Cameroon.... Australia ranks 11th on that world scale, the UK running at 15th...... Canada at 12th.... Poland at 33....

WJP Rule of Law Index

Explore rule of law rankings for 142 countries in the WJP Rule of Law Index

worldjusticeproject.org

And Cameroon?

 

[Trooper]

And Cameroon?

it ranks at 133... then there is Venezuala.... things could be worse, is all I'm sayin'!

 

[SouthAussie]

If only AU was Denmark, or Sweden, or Finland, where the rule of law is considered to be the top ranking... the USA currently ranks 24th.

At least, AU is not Cameroon.... Australia ranks 11th on that world scale, the UK running at 15th...... Canada at 12th.... Poland at 33....

WJP Rule of Law Index

Explore rule of law rankings for 142 countries in the WJP Rule of Law Index

worldjusticeproject.org

That is a really interesting list, Trooper. I am so glad that we are ranking high.

I will have to look at this list whenever I get disgruntled with our court cases!

 

[Porky1]

Post 85 states that the husbands images were removed from the RAA website/literature.
There were hints at a prior domestic. Would that really happen if this were non-suspicious ? JMO

If there’s media interest, it would make sense to remove images. I don’t think it relates to suspicion as much as privacy.