Current Terence Darrell Kelly - Abduction of 4yo Blowholes Shacks WA #2

Remove this Banner Ad

Dogs_R_Us

Space Traveller
May 3, 2001
18,770
20,607
Sirius - the Dogstar
AFL Club
Western Bulldogs

Log in to remove this ad.

deanc

Premiership Player
Jun 13, 2014
3,718
4,871
Waverley
AFL Club
Hawthorn
Other Teams
Tasmania
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

Senior List
Dec 25, 2016
286
553
AFL Club
Western Bulldogs
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

Club Legend
Aug 19, 2013
1,687
1,972
AFL Club
Port Adelaide
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

Premiership Player
Jun 13, 2014
3,718
4,871
Waverley
AFL Club
Hawthorn
Other Teams
Tasmania
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...
 
Last edited:

Flash of power

Club Legend
Aug 19, 2013
1,687
1,972
AFL Club
Port Adelaide
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

Debutant
Oct 23, 2021
88
329
AFL Club
West Coast
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

Premiership Player
Jun 13, 2014
3,718
4,871
Waverley
AFL Club
Hawthorn
Other Teams
Tasmania
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

Senior List
Oct 25, 2021
190
436
AFL Club
Collingwood
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
 

Attachments

Collie_wobbles

Senior List
Oct 25, 2021
190
436
AFL Club
Collingwood
“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’.”


 

(Log in to remove this ad.)

mooloman

Debutant
Apr 2, 2021
111
164
AFL Club
Collingwood
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

Debutant
Apr 2, 2021
111
164
AFL Club
Collingwood
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

Hall of Famer
Dec 22, 2009
46,842
21,566
South End, AAMI Park
AFL Club
Hawthorn
Other Teams
Socceroos, LFC, MVFC, RC Strasbourg
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

Senior List
Oct 25, 2021
190
436
AFL Club
Collingwood
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
 

Collie_wobbles

Senior List
Oct 25, 2021
190
436
AFL Club
Collingwood
We haven't seen it come out of the house and the cops haven't said they're no longer looking for it. Journalists have been posted with cams at that house 24/7 so I'm thinking they probably haven't found it yet.
Who knows if they have the sleeping bag or not, it's not like LE are going to spill the beans if they do especially considering it would be apart of LE's crucial evidence against TK.

Alot was taken from TK's house and all in brown bag's for the prying media not to see exactly what LE has confiscated to build their case against TK
 

zedx

Club Legend
Feb 23, 2019
1,040
3,315
AFL Club
Fremantle
Who knows if they have the sleeping bag or not, it's not like LE are going to spill the beans if they do especially considering it would be apart of LE's crucial evidence against TK.

Alot was taken from TK's house and all in brown bag's for the prying media not to see exactly what LE has confiscated to build their case against TK
Agree. IIRC there has been no statement from Police specifically regarding the sleeping bag after CS was found. There has been no request for the public to keep looking for it either. So there is the possibility one of those big brown evidence bags contained the sleeping bag. There fore as Police have not mentioned the sleeping bag, IMO they have found it in the house.
 

Kurve

Moderator
Dec 27, 2016
17,057
36,681
AFL Club
Western Bulldogs
Agree. IIRC there has been no statement from Police specifically regarding the sleeping bag after CS was found. There has been no request for the public to keep looking for it either. So there is the possibility one of those big brown evidence bags contained the sleeping bag. There fore as Police have not mentioned the sleeping bag, IMO they have found it in the house.
It was a definite 'confirmed' the sleeping bag's still missing according to The West's podcast I listened to yesterday. The information is very specific, I'm confident they haven't found it.
 

Likeamystery

All Australian
Aug 11, 2019
989
2,758
AFL Club
West Coast
“Every day he (went) there, he wanted updates,” the man told The West Australian.

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

“When they found out, they thought ‘f... me’.”
Presumably TK was on some sort of Centrelink assistance, maybe job search - I don't know. Possibly, one requirement would be to visit a job search place, but not every day, more like once a week. It's like TK went to the place just for a chat with someone. Let's face it, under the circumstances, it's unlikely he was legitimately looking for work, CS would be left alone all day. Do we know if TK has worked within recent years, have any former employers come forward?
 

BFew

Norm Smith Medallist
Mar 5, 2017
6,891
21,596
AFL Club
West Coast
Presumably TK was on some sort of Centrelink assistance, maybe job search - I don't know. Possibly, one requirement would be to visit a job search place, but not every day, more like once a week. It's like TK went to the place just for a chat with someone.
Maybe using their computers/internet that those sorts of places usually have available for their clients to use 5 days a week during business hours for their job search, job applications and online training, so that his online activities could be less easily/quickly monitored and identified.
 

Likeamystery

All Australian
Aug 11, 2019
989
2,758
AFL Club
West Coast
Maybe using their computers/internet that those sorts of places usually have available for their clients to use 5 days a week during business hours for their job search, job applications and online training, so that his online activities could be less easily/quickly monitored and identified.
Spot on BFew, using their internet for media updates. I didn't think for one moment TK was keen to get a job.
It's possible he visited other places with free WIFI, thinking McDonalds or the like.

Under the circumstances, I'd think he'd want to know if WAPOL were closing in on anyone. Attempting to stay ahead of the situation, in case he needed to make alternative arrangements in a hurry.
 

Remove this Banner Ad

Remove this Banner Ad