Current Abduction of 4yo Blowholes Shacks WA *Terence Kelly Convicted

[Kurve]

MEDIA
Current - The Bunker Part 2

 

[deanc]

Sorry disagree on this one, IMO the sleeping bag is crucial. Where it is, who has had it, what they find on it or in it.

Perhaps, but my point is the media are portraying this as a missing murder weapon - when I doubt the police are losing too much sleep over the SB not being recovered. It is odd that it's still missing, but it's not going to make or break the case...

 

[Likeamystery]

The strongest evidence against him is that Cleo was found in his house, the sleeping bag is really only interesting for the fact that it's missing. Why would he get rid of the sleeping bag?

Perhaps CS either wet the sleeping bag or vomited on it. Although she was wearing a nappy, TK may not have changed the nappy for ages.

 

[Zidane98]

WA man inundated with hate after being wrongly named in Seven’s Cleo article

Lawyers representing the man wrongfully identified by Seven Network as Cleo Smith’s accused abductor say it’s the worst defamation case of its kind they had seen.

www.watoday.com.au

'he has spent the last week distraught after people threatened to run him over, burn him alive and shoot him.'
'the cap on damages for defamation cases in WA was a bit more than $400,000, but that did not include possible aggravated damages.'

I wonder if what happened at Ch 7 with them getting the wrong bloke.

Did they just do something really stupid like get confirmation from one of their Police sources, that the Kelly bloke they had arrested had dark skin, dark hair and looked Aboriginal. And then just decided to run with the first or only Kelly on facebook that appeared to live in NW W,A that had a first name of one of the variations of the spelling of Terrance? Thinking that there was at least a 50:50 chance they had the correct bloke, and that being first to picture the accused was worth the potential cost of a defamation lawsuit and any reputational damage down the track for if they had the wrong bloke.

They probably calculated the potential reputational damage, or impact on their share price as immaterial.

I envisage that the person(s) who were involved in the publishing error, also probably thought that they would not lose their job or suffer any professional consequences as a result of the error. They might have been more worried about the repercussions from their employer/bosses for if they had the right Kelly all along and refused/decided not to publish the Kelly they had, and then were beating by another outlet to have the first pics of the accused up on the internet.

They'll have liability insurance. Suspect CH7 wont even use their insurance, they will settle out of court (if they are smart).

Nobody deserves the crap the other Terry Kelly copped. It is a direct result of CH7 incompetemce so they are liable. He is entitled to the 400k maximum compo (less legal costs) easily IMO and it should be a quick process.

 

[Flash of power]

Have they checked the local cash convertors, it's probably sitting on a shelf...

Perhaps CS either wet the sleeping bag or vomited on it. Although she was wearing a nappy, TK may not have changed the nappy for ages.

How do you know she was wearing a nappy?- at four that is less likely than likely, my thought re the nappies is they would be used if she was kept in one room and not allowed out. Would be interesting to know if she wore a nappy at night it is possible.

 

[deanc]

They'll have liability insurance. Suspect CH7 wont even use their insurance, they will settle out of court (if they are smart).

Nobody deserves the crap the other Terry Kelly copped. It is a direct result of CH7 incompetemce so they are liable. He is entitled to the 400k maximum compo (less legal costs) easily IMO and it should be a quick process.

Oh boy, Dave Gilbertson is on this, he won't fcuk around! I assisted him many years ago when he worked for another firm on a similar case.

$400k will be a starting point for him as he'll have a page of possible related aggravated damages; loss of future employment opportunities/income, ongoing psychological impact requiring counselling and causing erectile disfunction etc. etc.

He's already on the front foot publicly announcing the old 'worst they’d ever seen' claim - good stuff..!

 

[Likeamystery]

How do you know she was wearing a nappy?- at four that is less likely than likely, my thought re the nappies is they would be used if she was kept in one room and not allowed out. Would be interesting to know if she wore a nappy at night it is possible.

You're right, there wasn't mention CS wore a nappy. There was just talk of TK seen buying them at the shop.

 

[Collie_wobbles]

The neighbour of Cleo Smith’s accused kidnapper explains why he is moving out

Terence Kelly’s neighbour is still trying to absorb the shock of what allegedly happened next door and fears what may be yet to come.

7news.com.au

 

[Zidane98]

Oh boy, Dave Gilbertson is on this, he won't fcuk around! I assisted him many years ago when he worked for another firm on a similar case.

$400k will be a starting point for him as he'll have a page of possible related aggravated damages; loss of future employment opportunities/income, ongoing psychological impact requiring counselling and causing erectile disfunction etc. etc.

He's already on the front foot publicly announcing the old 'worst they’d ever seen' claim - good stuff..!

How much % would he take in legal fees? Should be easy to negotiate. CH7 wont want a civil suit.

 

[Dogs_R_Us]

The neighbour of Cleo Smith’s accused kidnapper explains why he is moving out

Terence Kelly’s neighbour is still trying to absorb the shock of what allegedly happened next door and fears what may be yet to come.

7news.com.au

Well if the media don’t bugger off and stop whipping up rumours and gossip, something may well happen if people feel this is the way they are expected to react.

 

[Slartibartfast]

How much % would he take in legal fees? Should be easy to negotiate. CH7 wont want a civil suit.

A third is a general ball park figure.

 

[Belushi Brassiere]

TK’s house should be demolished like Fred West’s house. Turn it into a pavement or a park.

 

[deanc]

How much % would he take in legal fees? Should be easy to negotiate. CH7 wont want a civil suit.

At the risk of sounding ambiguous there are a few variables with financial outcomes in defamation cases - but I wouldn't imagine too many QC's getting out of bed for anything less than 15% of the final settlement, assuming their costs are also paid for by the defendant...

 

[imho]

Its not so much about the sleeping bag, its more about where it is.

if he's been putting his wheelies out, a scout around the local dump to check out the garbage could be in order. the contents of his refuse would be of interest regardless of any sleeping bag.
if seen walking up and down the street, could have put it in someone else's bin, or cut it up and put in several other bins.
and did i read his property neighbours a cemetery? might be worth having a close look at any recent excavations.


imho

 

[Flash of power]

At the risk of sounding ambiguous there are a few variables with financial outcomes in defamation cases - but I wouldn't imagine too many QC's getting out of bed for anything less than 15% of the final settlement, assuming their costs are also paid for by the defendant...

not a bad payday for the complainant, probably the best one he is likely to see, $300k in his pocket would set up his young family and would probably be fair. If it drags on, the only ones to win will be the lawyers, highly likely he is not across every I and T in the contract he would have signed, so best to accept a fair payout and move on with his life.

 

[deanc]

not a bad payday for the complainant, probably the best one he is likely to see, $300k in his pocket would set up his young family and would probably be fair. If it drags on, the only ones to win will be the lawyers, highly likely he is not across every I and T in the contract he would have signed, so best to accept a fair payout and move on with his life.

Knowing Dave - he and his team will spending day and night researching every media article 7West had published for 10 years, looking for any redactions/retractions/amendments/apologies etc. Then they'll be researching 7Wests policies and protocols, staff training and hiring practices, office culture, remuneration structures and incentives, 7Wests recent and/or previous formal or informal defamation claims and settlements etc. They will be compiling a list of former staff, the reasons they left etc. looking for future witnesses supporting poor workplace culture and/or incompetence...

In terms of a proposed settlement for this, it's likely he'll start at about 3 times the maximum mandated penalty for such an 'infraction'..!

Accordingly, if Terry Fowler expects a short outcome with a quick payout, he's hired the wrong bloke...

 

[Flash of power]

Knowing Dave - he and his team will spending day and night researching every media article 7West had published for 10 years, looking for any redactions/retractions/amendments/apologies etc. Then they'll be researching 7Wests policies and protocols, staff training and hiring practices, office culture, remuneration structures and incentives, 7Wests recent and/or previous formal or informal defamation claims and settlements etc. They will be compiling a list of former staff, the reasons they left etc. looking for future witnesses supporting poor workplace culture and/or incompetence...

In terms of a proposed settlement for this, it's likely he'll start at about 3 times the maximum mandated penalty for such an 'infraction'..!

Accordingly, if Terry Fowler expects a short outcome with a quick payout, he's hired the wrong bloke...

so what you are saying is, lawyer will be doing his best to line his own pocket at the expense of the victim - I guess that is how it goes, and why I am saying is that the complainant should say get me $300k in my pocket as quickly as possible, then we are done.

If that was me as the complainant that would be my direction anyway because no matter how good the lawyer is and how long it drags on, at the end of the day that is probably the best he can expect to end up in his bank account.

Am I right here?

 

[Awakening]

From the Twist headline, if you did not happen to see the finer print you might be expecting a real 'twist' and not a clickbait 'twist'.

A real twist like
- sleeping bag never left Cleo's family house for the camping trip.
- sleeping bag found left by anonymous on Cleo's families house front door step.
- sleeping bag dropped off to Carnarvon Police Station
- sleeping bag found at a Carnarvon swap meet, with a Bratz doll inside of it

But no.
The surprise twist is that the sleeping bag is still missing.
The West trying to outdo the Daily Mail.

Not sure about the choice of the other 2 front page articles in the West today.
A coincidence?

View attachment 1278167


Below is from thewest.com.au today

View attachment 1278163

The real twist would be someone successfully putting the sleeping bag into it's bag. It's a b*tch to get them back in the bag.

 

[deanc]

so what you are saying is, lawyer will be doing his best to line his own pocket at the expense of the victim - I guess that is how it goes, and why I am saying is that the complainant should say get me $300k in my pocket as quickly as possible, then we are done.

If that was me as the complainant that would be my direction anyway because no matter how good the lawyer is and how long it drags on, at the end of the day that is probably the best he can expect to end up in his bank account.

Am I right here?

Sort of - Plan A, which I suspect both parties will pursue, will be a quick settlement resolution during a related mediation session. The end.

Failing this, Plan B which initially involves a preliminary hearing and then if a settlement is still not realised, both parties go to trial. Refer my earlier notes.

The reality is, if the client cannot afford to even pay the retainer required to engage such legal counsel, then he/she gets very little say in proceedings thereafter. Related, it's safe to assume legal counsel, as a bare minimum will look to recover their costs and also 'line their pockets' where possible.

Also note, a third party may also at least have some interest in this case, they being our APC or ACMA media watchdogs/regulators...
The ACMA, has been under a lot of recent scrutiny given it's reputation in always trying to find ways to excuse bad behaviour by broadcasters. Even though it has powers to impose license conditions on broadcasters or suspend or cancel a license, it seldom uses them...

 

[Collie_wobbles]

Layout of duplex, you can watch on 7+ app

Forensics have left, police tape pulled down, detectives gone back to Perth and TK'S place has been boarded up.

I'll say the house will be torched by Monday...hope housing made sure their insurance was up to date

 

[Collie_wobbles]

“Every day he (went) there, he wanted updates,” the man told The West Australian.

He wanted to hear what other people think (about) what’s happened to Cleo.

“Every morning, (he would) ask them what they think of Cleo being kidnapped.

“When they found out, they thought ‘f... me’.”

Alleged kidnapper ‘wanted updates’ on Cleo, claim locals

A Carnarvon man has told police that accused kidnapper Terence Kelly asked for updates on Cleo Smith when speaking with workers at an Aboriginal training and job seeking agency.

www.perthnow.com.au

 

[Belushi Brassiere]

How about replacing the house with a park?

 

[mooloman]

Why don’t the cops just ask him where it is?

Oh! That would assume he’s cooperating.

He’s either very bright in holding back a bargaining chip or protecting someone, or both.

I’m very very very happy CS has been found, but this story still stinks, you’d think this would be ‘open and shut’.

 

[mooloman]

They'll have liability insurance. Suspect CH7 wont even use their insurance, they will settle out of court (if they are smart).

Nobody deserves the crap the other Terry Kelly copped. It is a direct result of CH7 incompetemce so they are liable. He is entitled to the 400k maximum compo (less legal costs) easily IMO and it should be a quick process.

Lol, omg. They pictured the wrong bloke, it wasn’t done maliciously and history has shown very very very clearly he’s not THE Terry. I’d struggle to believe this mistake will affect his employment, business or any other relationship one iota. I also struggle to believe the man pictured actually suffered any substantial loss.

If he sues, and that’s if he stumbles across an ambulance chaser Lawyer, C7’s legal team will gaff them and he’ll end up with his signature being on an NDA and about $28

 

[Zidane98]

Lol, omg. They pictured the wrong bloke, it wasn’t done maliciously and history has shown very very very clearly he’s not THE Terry. I’d struggle to believe this mistake will affect his employment, business or any other relationship one iota. I also struggle to believe the man pictured actually suffered any substantial loss.

If he sues, and that’s if he stumbles across an ambulance chaser Lawyer, C7’s legal team will gaff them and he’ll end up with his signature being on an NDA and about $28

History does show clearly he wasnt the "Terry" and future employment should not be affected.

This doesnt alter the fact that he received threats and was hounded publicly for abduction solely due to CH7's negligence.

Just imagine if it was you who had to go into hiding and you who received death threats accusing you of being a child abducter incorrectly. How many peole have to go through that in their lives?

CH7 should and will pay him out for that and should be bringing in procedures to ensure it never happens again.

Maximum defamation claim is 400k. CH7 will want to settle out of court and it shouldn't be too difficult to get close to that amount (less 30% costs) for a decent lawyer.

 

[Collie_wobbles]

The found an abducted 4yo locked in his house and he can't afford a good lawyer. I don't think it will be a difficult conviction.

TK will be entitled to legal aid, he'll most likely use Aboriginal Legal Aid, they still have a duty to represent their client to the best they can. If it goes to trial they'll most likely source a very good barrister to represent for TK