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Lions777

Debutant
Oct 20, 2021
60
97
AFL Club
Brisbane Lions
Strictly legal - opinion.

I suspect the small amount of charges the police have laid thus far on the alleged perpetrator, would of been on the advice of the public prosecutor in accordance with the irrefutable evidence the police have to date - specifically in relation to the perpetrator's mental ability to understand the charges with little chance for deniability;
"Sir, did you remove Cleo Smith from the tent?" Yes. "Did you seek permission from her parents to do so". No. = child stealing.

The 2nd charge, not being made public for now, 'I suspect' is either false imprisonment or deprivation of liberty. But until there is clear evidence from Cleo's testimony, which may or not be admissible in court, legally speaking, neither of these charges can or should be assumed.

From a general perspective it's obvious and plausible that the perpetrator held this child captive in an environment conducive to physical and mental endangerment, but/but - is there actually any evidence she was physically harmed, restrained or threatened in any way..?
While clearly Cleo was not with him voluntarily, as much as we don't want to admit/accept this, Terry Kelly's legal defense may well argue this point..
It’s the psychological damage to parents and community and Cleo. That’s the thing. I know you can sue for that can’t you? For scaring the sh*te outta everyone.
 

Kurve

Moderator
Dec 27, 2016
17,057
36,682
AFL Club
Western Bulldogs
The press found his facebook posts the night Cleo was abducted. Some of us knew they were there but weren't absolutely sure at the time if it was the correct account.


The man accused of kidnapping Cleo Smith .. wrote about needing privacy and adults being 'careful online too' the day she disappeared.

Terence Darrell Kelly has been charged with two offences including forcibly taking a child under 16 after four-year-old Cleo was taken from her tent at the Blowholes campsite, in WA, in the early hours of October 16.

Kelly's Facebook profile showed that hours before Cleo's mother discovered her missing, he posted about his need for privacy.

'I can't accept friend requests from strangers... I live a private life and I respect those who are on my friend list to ensure their privacy is respected too,' his Facebook status read.

'Us adults have to be careful online too.'

The post explained he would not become 'mates' with people just because they know his family or other friends.

It's understood the post was made about 5am.

https://www.dailymail.co.uk/news/ar...pDia-vSi50O_ltUoL3VX7IVe7yUarAWT9Hco0XAKjIlAk
 

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