Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat 100km NW of Melbourne, 4 Feb 2024 #5

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Karin1974 said:
I’d rather someone help advise me on how to attach a file to be honest.
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place mouse curser over webpage address related to news article to be referenced in your post, left click to highlight URL, then right click and 'copy' on drop down menu; then left click mouse on dialogue box tab 'Insert Link [Or Control K], then right click URL. Hope this helps
 
ThePrince said:
Could be driving unlicensed, drugs/alcohol in system, out on bail - I added an article earlier in this forum about an unlicensed man hitting an Aboriginal lady on highway, so the man and his mother moved the body etc. unfortunately for them they'd left part of her leg behind which someone then found so it unravelled from there
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I read the update about that a few days ago, when you think you've heard everything and then read what happened- goes to show anything can happen.
 
Hats said:
As he has been arrested, I guess the right to remain silent applies. He could have been sitting there for over 24 hrs in custody and not respond to any questions (or with no comment answers).

The fact that he has been arrested, as opposed to being asked to come to the police station for a chat, there must be some evidence against him, particularly enough for a judge to issue the warrant for the arrest at his home. It could be for either a major or minor role in the disappearance of SM. If more people involved, it would make sense it would be for more minor role like accessory before/after the fact so the investigators could apply pressure on him, maybe even with incentives, to offer up info on the other person/parties involved. The indication if this is the case could be if he is eventually released without charge. He could always be re-arrested again later.
Click to expand...

Under Vic law, there is no set time limit to hold you in custody for reasonable time, compare to some other states
 
wecaff said:
place mouse curser over webpage address related to news article to be referenced in your post, left click to highlight URL, then right click and 'copy' on drop down menu; then left click mouse on dialogue box tab 'Insert Link [Or Control K], then right click URL. Hope this helps
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Oops, I’m on mobile only.
 
OptimusLime said:
Yes sir or mam?
www.legalaid.vic.gov.au

Being arrested

What happens when you are arrested by the police and your rights in custody.
www.legalaid.vic.gov.au www.legalaid.vic.gov.au
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Thanks from your link :

How long do you stay in custody?​

The police can only keep you in custody for a reasonable time before they charge you. The law does not say what a reasonable time is. This depends on the seriousness of the offence and how long it takes the police to interview you.

When you think the police have kept you in custody for too long:

  • ask when they are going to charge you or release you
  • ask to phone a lawyer
  • make a complaint later.
BBM So it all hinges on the word reasonable ( which the law does not say what is reasonable ) & the seriousness of the alleged offence IMO

I doubt the Vict police are holding someone in custody unlawfully IMO
 
'Reasonably time' to hold you when arrested seems like a breach of human rights. Who decides what is a 'reasonable time'? The police? Or Magistrate. If you get a LE who is convinced that you are guilty (William Tyrrell case), you could be sitting there forever. Can understand it works in some cases, but open ended law could spell trouble.
Having said that, this is great progress for SM and her family if it results in charges.
 
New to forum. I am a Ballarat resident. I have searched several times in Mt Clear in Boak road. The day of the community search I was searching in scrub adjacent to the Mt Clear mobile tower when a motor cross bike rider appeared. He is older than 22. He told me and the male I teamed up with that the Police were searching Tip Hill (not the park). They searched Boak road on the Friday but the other side of main road on the Saturday. This was why the community search was not impeding police activity on the Saturday. I assume perhaps the Apple Watch indicated ceased activity but perhaps phone GPS was captured on the other side of main road. Tip hill I believe is where mining continues. I am going on foot today. Everytime I have searched by myself (female and 53) in Boak road area I have not sighted anyone or cars. There were rubber neckers on the Saturday in that area but the tracks/roads are quite rough. I have video of the path she took from the entrance off Eureka and up boundary and across Recreation. You can walk it in just over the hour but it is very hilly. The water tank is adjacent to the electricity station. I am guessing that if a body is involved then perhaps tip hill outside the park but 10 minutes by vehicle maybe of interest. I can tell you that there are no mines in the park area where you are likely to fall. They are mainly depressions in which you could hurt yourself. The area around the mobile tower is used by motor cross and mountain bike users. None of the structures - electricity, water of phone have any security cameras on them. Hence the illegal tipping rampant in the area. I have no SIM card but the Wi-Fi device knew at all times GPS wise where I was in the park due to the proliferation of phone towers.
 
I think all this 'she may be alive' in a million news outlets is going to come down to earth with an almighty crash. There's nothing in the vague statement released that makes me think they think she is alive. The bit about 'if you sight Samantha' comes immediately after asking people to review their CCTV and dash cam footage.

MOO
 

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Victoria Police​


Detectives from the Missing Persons Squad have arrested a man as part of their investigation into the suspicious disappearance of Ballarat East woman Samantha Murphy.

A 22-year-old Ballarat man was arrested shortly after 6am yesterday morning at his home address.

He remains in custody, however no charges have been laid at this time.

We understand that there is a continued high level of interest in this investigation and concern about Samantha’s disappearance, however it remains critical that any speculation does not impede any aspects of the investigation.

Detectives are continuing to appeal for anyone who has CCTV or dash-cam footage and is yet to speak to police to come forward.

Anyone who sights Samantha is asked to call triple zero (000) immediately.

Anyone with any other information regarding her disappearance is urged to contact Crime Stoppers on 1800 333 000 or submit a confidential crime report at www.crimestoppers.com.au
 
SEJ said:
New to forum. I am a Ballarat resident. I have searched several times in Mt Clear in Boak road. The day of the community search I was searching in scrub adjacent to the Mt Clear mobile tower when a motor cross bike rider appeared. He is older than 22. He told me and the male I teamed up with that the Police were searching Tip Hill (not the park). They searched Boak road on the Friday but the other side of main road on the Saturday. This was why the community search was not impeding police activity on the Saturday. I assume perhaps the Apple Watch indicated ceased activity but perhaps phone GPS was captured on the other side of main road. Tip hill I believe is where mining continues. I am going on foot today. Everytime I have searched by myself (female and 53) in Boak road area I have not sighted anyone or cars. There were rubber neckers on the Saturday in that area but the tracks/roads are quite rough. I have video of the path she took from the entrance off Eureka and up boundary and across Recreation. You can walk it in just over the hour but it is very hilly. The water tank is adjacent to the electricity station. I am guessing that if a body is involved then perhaps tip hill outside the park but 10 minutes by vehicle maybe of interest. I can tell you that there are no mines in the park area where you are likely to fall. They are mainly depressions in which you could hurt yourself. The area around the mobile tower is used by motor cross and mountain bike users. None of the structures - electricity, water of phone have any security cameras on them. Hence the illegal tipping rampant in the area. I have no SIM card but the Wi-Fi device knew at all times GPS wise where I was in the park due to the proliferation of phone towers.
Click to expand...
Welcome to Websleuths!
 
drsleuth said:
Thanks from your link :

How long do you stay in custody?​

The police can only keep you in custody for a reasonable time before they charge you. The law does not say what a reasonable time is. This depends on the seriousness of the offence and how long it takes the police to interview you.

When you think the police have kept you in custody for too long:

  • ask when they are going to charge you or release you
  • ask to phone a lawyer
  • make a complaint later.
BBM So it all hinges on the word reasonable ( which the law does not say what is reasonable ) & the seriousness of the alleged offence IMO

I doubt the Vict police are holding someone in custody unlawfully IMO
Click to expand...
Appreciate your wisdom as always! (Well since I started posting here a month ago)
 
drsleuth said:
Thanks from your link :

How long do you stay in custody?​

The police can only keep you in custody for a reasonable time before they charge you. The law does not say what a reasonable time is. This depends on the seriousness of the offence and how long it takes the police to interview you.

When you think the police have kept you in custody for too long:

  • ask when they are going to charge you or release you
  • ask to phone a lawyer
  • make a complaint later.
BBM So it all hinges on the word reasonable ( which the law does not say what is reasonable ) & the seriousness of the alleged offence IMO

I doubt the Vict police are holding someone in custody unlawfully IMO
Click to expand...

This article says that, in Victoria, a reasonable time may include:
  • The number and complexity of offences to be investigated
  • Any time taken to visit a crime scene
  • Any time taken to speak with a legal practitioner
  • Any time questioning or investigation is suspended or delayed to allow the suspect to receive medical attention or rest
  • The total time the person has been with an investigating official before and after arrest
  • The homicide investigators or missing persons squad will need to justify and log what they've done over a period time. Because a court then determines whether that is reasonable time.
www.theleader.com.au

How long can Vic police hold a suspect?

As the Victorian man arrested over the disappearance of two campers spends another day in custody without charge,...
www.theleader.com.au www.theleader.com.au
 
MollyHarps said:
Whilst I would love her to be alive I think unfortunately we have to be realistic here that this isn’t going to be a positive outcome.

If they thought that there was a possibility she was still alive and was being held somewhere wouldn’t they have just had the POI under constant surveillance to see where he goes to as that could lead them to her rather than arresting him at this stage
Click to expand...

SEJ said:
New to forum. I am a Ballarat resident. I have searched several times in Mt Clear in Boak road. The day of the community search I was searching in scrub adjacent to the Mt Clear mobile tower when a motor cross bike rider appeared. He is older than 22. He told me and the male I teamed up with that the Police were searching Tip Hill (not the park). They searched Boak road on the Friday but the other side of main road on the Saturday. This was why the community search was not impeding police activity on the Saturday. I assume perhaps the Apple Watch indicated ceased activity but perhaps phone GPS was captured on the other side of main road. Tip hill I believe is where mining continues. I am going on foot today. Everytime I have searched by myself (female and 53) in Boak road area I have not sighted anyone or cars. There were rubber neckers on the Saturday in that area but the tracks/roads are quite rough. I have video of the path she took from the entrance off Eureka and up boundary and across Recreation. You can walk it in just over the hour but it is very hilly. The water tank is adjacent to the electricity station. I am guessing that if a body is involved then perhaps tip hill outside the park but 10 minutes by vehicle maybe of interest. I can tell you that there are no mines in the park area where you are likely to fall. They are mainly depressions in which you could hurt yourself. The area around the mobile tower is used by motor cross and mountain bike users. None of the structures - electricity, water of phone have any security cameras on them. Hence the illegal tipping rampant in the area. I have no SIM card but the Wi-Fi device knew at all times GPS wise where I was in the park due to the proliferation of phone towers.
Click to expand...

I am interested in the area near the electricity hub, tower

But now we have someone in custody, we should know what has happened
















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