Tomic called to testify on assault

Picture taken inside court today of Bernard Tomic, John Tomic and Thomas Drouet. Picture: Charles Miranda Source: News Limited

TENNIS ace Bernard Tomic yesterday faced a volley of questions from prosecutors in Madrid in the opening day of a hearing into allegations his father headbutted his tennis practice partner outside a hotel in Spain.

The 20-year-old world number 41 was called to the stand as a witness to crucially reveal what his father Ivica 'John' told him in the moments after the fight which left Frenchman Thomas Drouet unconscious, with a broken nose and injured vertebrae.

His evidence came after that of his father, who is charged with one count of actual bodily harm, burst into tears as he was questioned on the stand about the incident.

The court heard on May 4 Drouet was found unconscious about 3.30pm outside a hotel in Madrid after an altercation with Tomic Snr but the Judge Jacobo Vigil Levi heard two very different versions as to who hit who. The case was adjourned with Mr Levi reserving his decision for another day.

Bernard Tomic did not see the fight but gave evidence about how his father came rushing into the hotel reception area and said "he hit me". Tomic was also asked about what he told police who arrived at the scene a short time after the fight.

"Is it true when police arrived you told them your father attacked Thomas Drouet?" prosecutor's asked the tennis star.

"No I didn't say that, I said there was a situation and that was it, mind you the police English was very bad," he said.

"I was checking in (to hotel) and all of a sudden my dad came in with blood on his face saying 'he hit me'."

He then described how he went outside and saw Drouet lying unconscious with people around him.

Bernard Tomic, looking nervous as he stood to give evidence, was asked a number of times about those crucial moments after the assault and what his father told him.

He replied with the same answer that he knew nothing of the situation and his father was "very stressed" after so he never asked him what happened.

He was asked whether at any time his father recognised he hit Drouet and he replied "no".

Earlier in a sensational moment, Tomic Snr with the court's permission re-enacted the point at which he says Drouet punched him and pulled him around in a clash he alleges was provoked by the 30-year-old Frenchman.

"He grabbed me and he pulled me around to him, and he tried to hit me and then he fell, I don't know how he fell," Tomic Snr said.

"There were some people there and I said 'he hit me', he fell down I don't know how. Then I went into the hotel reception and I saw Bernard and I say to him 'he hit me and fell down I don't know how'."

When he was asked whether it was true he admitted to police hitting Drouet, Tomic Snr burst into tears with audible sobs and wiping away tears said it was not true.

"I never said I hit him ... they had a translator on the phone ... they all spoke bad English, I didn't hit him and I didn't say I hit him," he said.

The police officer at the scene, identified only through his badge number 10480 said he understood both Tomics very well and what they said that day.

"Bernard Tomic said that the person that attacked was his father and his father was now in the reception," the officer said.

"I went to talk to Tomic (Snr) and he told me himself 'he attacked him' with my English level I understood perfectly what he was telling me. He was telling me "I hit him" and he mimicked actions.

The officer said he only did High School level English but he understood and also followed Tomic's mimicking on that day as he was spoken to.

"With his mimic I understood perfectly," he told the court and then described the original mimic by Tomic ducking a punch and headbutting Drouet.

A second officer also gave evidence that Tomic Jnr told her how his father headbutted Drouet although admitted her English was not great.

Drouet also gave evidence and recounted how it was Tomic called him outside, they had an argument and Tomic spat in his face. He said Tomic then turned away for a second before turning back and headbutting him.

Two doctors also gave evidence. A decision is likely in two to three weeks.

Bernard Tomic sits outside the courtroom moments before hearing into the alleged assault of practice partner Thomas Drouet by his father John Tomic. Picture: Charles Miranda Source: News Limited

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Hames resigns as tourism minister

OUT OF TOURISM: Kim Hames will continue as Health Minister. Source: Supplied

SENIOR WA minister Kim Hames has resigned his tourism portfolio after he admitted wrongly claiming more than $1000 for accommodation expenses.

Dr Hames admitted to The Sunday Times that he had wrongly claimed for an MP's allowance for staying at his home in Perth several times totalling $1013.

Dr Hames apologised for the oversight.

But on his first day back from leave, Premier Colin Barnett insisted Dr Hames step down as tourism minister.

Mr Barnett said the mistakes were innocent, but serious and not excusable.

There must be consequences, he said.

"When you hold public office, the standards for good reason are high,'' Mr Barnett told reporters.

"He paid a high price.''

The premier said Dr Hames had made the errors on four occasions and possibly on two other occasions.

He would repay the $1013 and was checking his records for any further omissions.

"In no way did Kim set out to take advantage of the accommodation allowance,'' Mr Barnett said.

An emotional Dr Hames echoed Mr Barnett, saying "there has to be a consequence''.

"Going back looking through them, I can see that I've just made errors,'' Dr Hames said.

"I haven't deliberately done any of these - they've all been accidental - but they're mistakes nonetheless.''

He denied he had been treated too harshly, given Treasurer Troy Buswell made the same mistake several times.

Opposition leader Mark McGowan - who said Dr Hames should not have been allowed to remain health minister after problems in the portfolio - said Mr Buswell appeared to be ``a protected species''.

"It does beg the question as to why Mr Buswell escaped consequences for exactly the same offence as Dr Hames,'' he said, admitting he hadn't scrutinised his own MPs' expenses.

Mr Barnett conceded the state government's allowances claiming system was cumbersome and would be reviewed.

Dr Hames agreed the system could be simplified.

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'The night I became a human fireball'

THEN: Dana Vulin, pictured before the attack, told a court today her  life was now a "daily battle". Source: PerthNow

TEARFUL: Burns victim Dana Vulin leaves the District Court with family members and supporters. Picture: Kerris Berrington Source: PerthNow

NOW: Ms Dana Vulin leaves the District Court after giving evidence. Picture: Kerris Berrington Source: PerthNow

DANA Vulin broke down in tears as she told a District Court jury about the night she became a "human fireball" after a bottle of methylated spirits was thrown at her while she was holding a naked flame.

Ms Vulin, 27, gave evidence in the trial of Natalie Dimitrovska, 28, who denies a charge of grievous bodily harm over the attack on Ms Vulin in the early hours of February 16, 2012.

Ms Dimitrovska is accused of setting Ms Vulin on fire during an argument between the two over Ms Dimitrovska's estranged husband Edin Handanovic.

The two women knew of each other before the 2012 fight, but in the weeks leading up to the February attack, Ms Dimitrovska allegedly harassed Ms Vulin with constant phone calls accusing her of "hiding'' Mr Handanovic.

Today, Ms Vulin appeared in court with her head, face, arms and torso in pressure bandages to help her healing burns.

On the stand, she said she met Mr Handanovic on New Year's Eve 2011 at the casino and saw him on one other occasion after that.

She said she then got a phone call on Australia Day from Ms Dimitrovska saying the couple were back together.

"She told me to watch my back: that she knew about my previous charges and that she hoped I would rot in my jail cell" Ms Vulin said.

"She told me things like she was going to bash my head in."

Ms Vulin was convicted and fined last year for drug possession.

She told the jury she thought the matter was finished, but between January 26 and mid-February, she received dozens of phone calls from Ms Dimitrovska who would allegedly threaten her.

"She was calling me a bitch, asking where he was and saying 'you're f***ing dead bitch'," Ms Vulin told the court.

Ms Vulin said two days before she was set alight, she was getting ready for a court appearance when Ms Dimitrovska knocked at the door of her Rivervale apartment, which was in a secure complex.
She said Ms Dimitrovska went through her home searching for Mr Handanovic, who was not there.

Ms Vulin said she asked Ms Dimitrovska how she found out where she lived.

She told the jury Ms Dimitrovska said she knew Ms Vulin lived near the casino and spent three days at apartment complexes asking if anyone knew of her.

Ms Vulin said in the early hours of February 16, she had fallen asleep on the couch and woke up to a woman's voice saying "Hello Dana."

"It was Natalie, she was in my apartment," Ms Vulin told the court.

Ms Vulin said she went into her en suite and when she came back, a man called Daniel Stone was with Ms Dimitrovska.

She said Ms Dimitrovska again asked about Mr Handanovic and then started to smoke methylamphetamine with a glass pipe and an open flame lamp.

The lamp belonged to Ms Vulin.

Ms Vulin said she took the lamp off Ms Dimitrovska and told her to get out of her house.

She said Ms Dimitrovska then turned to Mr Stone and asked him what he thought.

"He said 'You know what I think, the b**** is full of s***'," Ms Vulin said.

That was when Ms Dimitrovska allegedly picked up a bottle of methylated spirits, yelled at Ms Vulin and threw the liquid at her.

"She just doused me in methylated spirits. I was pretty much instantly on fire. I was a human fireball," Ms Vulin said.

"The moment I was on fire, they just laughed and ran out of my apartment."

She told the jury she rolled on the floor, poured water on herself and kicked on the neighbour's door, crying out for help.

"But no one came," she said.

A neighbour eventually found her in her shower and phoned emergency services.

Ms Vulin received burns to almost 60 per cent of her body. Her neck fused to her chest because of it.
She said life was now a "daily battle."

"I haven't even showered myself or changed myself in 18 months," she said.

In her opening address this morning, prosecutor Linda Petrusa said in the days after Ms Vulin's attack, police tried to make contact with Ms Dimitrovska and Mr Stone, even tapping their phones.

Ms Petrusa told the jury it was through the phone taps police learnt Ms Dimitrovska had booked tickets to fly out of the country, just hours before arresting her at Perth International Airport.

She said it would also be claimed Ms Dimitrovska coloured her hair from blonde to brunette to avoid being found when police told media they were looking for a blonde woman.

Ms Dimitrovska denies the charge, and her lawyer Hylton Quail told the court there was ``another side to the story'' which he would reveal in her defence.

The trial, before Judge James Goetz, is set down for seven days.

Ms Vulin will continue giving evidence Tuesday, July 23.

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Ten boats to test Rudd's resolve

Angry protesters have met Kevin Rudd outside a special caucus meeting in Sydney.

PEOPLE smugglers are testing Kevin Rudd's new PNG Solution with up to ten boats on their way amid revelations the cost of the first year operation of an expanded Manus Island camp could exceed $1 billion.

The expected influx comes as a vessel which was overdue at Christmas Island yesterday was found by Australian rescuers with 30 passengers safe and well.

Asylum seekers who have arrived since the deal was signed have broken down in tears when told they would be taken to Manus Island and resettled in PNG.

Four boats carrying more than 250 people have arrived since Friday but only single adult men can be sent to PNG immediately with families to remain in Australia until facilities are ready, which could take until next year.

A group of 15 Vietnamese asked to be returned home from Manus Island at the weekend with the Australian government to give them hoes, wheelbarrows and shovels and $300 each to encourage them to remain in Vietnam as farmers and not attempt to sail to Australia again.

It comes as there was renewed questions of the two page agreement with Papua New Guinea which provided the country with a blank cheque to resettle refugees.

In the past week other documents related to government spending include a 35 page paper on a request for new TVs for Senator's offices and a 16 page paper to justify a quote for two electric guitars for the Department of Defence.

The government is yet to release the cost of the PNG plan but just expanding existing Manus Island facilities to run a processing centre for 3000 asylum seekers is expected to cost up to $1.1 billion in its first year of operations.

Asylum seekers at Flying Fish Cove, Christmas Island, believed to be the first group subject to the new rules.

And that is before the cost of resettlement, which could cost up to $15,000 per person, and the pricey promise to help the third world country rebuild health facilities and to fund a new university system.

The costs, drawn from the Immigration Department's own contract estimates of operating processing centres, suggest the expansion of Manus Island from 600 detainees to 3000 would incur an initial cost of $600 million.

Operational costs of managing a centre of that size could be as high as $480 million a year, according to recent departmental contracts on the costs of running offshore processing centres.

Yesterday Immigration Minister Tony Burke said the cost would be less because temporary facilities such as tents would be used. However, PNG Prime Minister Peter O'Neill appeared to contradict Mr Burke claiming he would demand a permanent facility.

The Government has argued that the eventual cost would be budget neutral because the number of asylum seekers would fall.

"Labor's blank cheque solution for PNG is short on detail and long on cost. With Labor's record of $10.3bn in cost blowouts so far, whatever figure Chris Bowen comes up with, you can be confident that the costs will only rise from that point on,:" Opposition immigration spokesman Scott Morrison said.

Meanwhile, Uniting Church Reverend Elenie Poulos, who is also Chair of Australian Churches Refugee taskforce, said the PNG policy was unchristian.

"Turning people away is not a Christian response," she said.

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Royal baby: Kate goes into labour

The Duchess of Cambridge has gone into labour. Source: AP

THE Duchess of Cambridge last night went into labour and was rushed to hospital in central London with Prince William at her side to give birth to the future heir to the throne.

Shortly before 7.30am local time, Kensington Palace made the public announcement Kate had earlier been admitted to St Mary's Hospital in Paddington and was in "the early stages of labour".

"The duchess travelled by car from Kensington Palace to the Lindo Wing at St Mary's Hospital with the Duke of Cambridge," the palace stated in a very brief statement.

Palace sources about eight hours after she was admitted into hospital added: "Kate went into labour naturally and things are progressing well".

The Duchess of Cambridge has been admitted to hospital in the early stages of labour. Source: AP

"Things are progressing as normal,'' the couple's spokesman said.

STORY: Kate joins exclusive mums' club

PICTURES: Kate's splendid pregnancy look

PICTURES: Prince William and Kate Middleton

The 31-year-old duchess was admitted at 5.30am London time making the short drive with Prince William and a police minder from her home at Kensington Palace.

STORY: Hospital has long tradition of royal births

PICTURES: Gorgeous Little Royals

Prince William is with his wife at the private Lindo Wing of St Mary's Hospital in Paddington, west London, where he himself was born in 1982. His mother Princess Diana also gave birth to William's younger brother Prince Harry there.

Her Royal Highness The Duchess of Cambridge has been admitted to St. Mary's Hospital, Paddington, London in the early stages of labour.

— Clarence House (@ClarenceHouse) July 22, 2013

A palace official had earlier contacted royal physician and the Queen's former gynaecologist Marcus Setchell and current royal gynaecologist Alan Farthing to be at the hospital. Both men had been on standby for some days, armed with encrypted mobile phones waiting for the call.

RELATED: Royal baby by the numbers

STORY: Tweets fly as users share royal baby news

Prince Charles, who will become a grandfather for the first time, was yesterday asked about the birth while he visited a train museum in York in the far north of the country.

When asked what he knew of the labour, he replied: "Absolutely nothing at the moment, we're waiting."

Prince Charles views a steam locomotive at the National Railway Museum in York as his son William's wife, Kate, is in the early stages of labor in London. Picture: Lynne Cameron Source: AP

Prime Minister David Cameron described it as a "very exciting occasion" and said the whole nation "is hoping for the best".

The archbishop of Canterbury the Most Reverand Justin Welby tweeted: "My thoughts and prayers are with Kate and the whole family on this enormously special day."
 

PICTURES: Kate Middleton growing up

The announcement ends three weeks of speculation as the likely birth date for the royal baby who if it is a girl, will be the first royal born in 300 years who will be a future heir to the throne without the likelihood of any future male babies leapfrogging her in line of succession.
 

Outside the hospital, a large contingent of the world press stretching an incredible 150m along the road fronting the hospital and in parts 10 people deep, gave out a small cheer as news broke the birth process had begun.

The royal couple managed to enter the hospital through a private entrance, avoiding the large throng of media camped out at various entrances to the hospital. A number of police were immediately posted outside the ward and the hospital wing. Across the country, the momentous early morning news attracted great public excitement and relief. Hundreds descended on the hospital within the first few hours of the news.

At Buckingham Palace crowds also gathered outside the gates on what was the hottest days of the year with the mercury tipping 32 degrees. Britons and other well wishers were being directed to Buckingham Palace instead of the hospital street which was already overcrowded by midmorning.

ANALYSIS: Futurists discuss how the world will change

While Prince William will personally ring his grandmother the Queen to tell her the news as well as his father Prince Charles it is at Buckingham Palace that the public will hear the news.

At the Palace officials were dusting off plans for an elaborate "piece of theatre", as officials have called it, that will follow the birth and follows tradition.

After the baby is born, all doctors and staff present signed an official proclamation that is then handed to a royal courier who is then given a police escort through the streets of central London to hand the note to the palace.

The note is then to be placed on an elaborate easel, last used 30 years ago to announce William's birth, to be placed on display in the courtyard of the palace near the front gates to be read by the public.

In days of old the notice would be tied to the railings but these days it has to be placed behind in case someone wants to souvenir it. London-based artillery squad will then give a 41-gun salute and church bells across the land will ring out. The Tower of London will also fire a succession of 62 cannon blasts to celebrate the birth.

At the same time the bulletin is posted, there will be an official announcement on Twitter and the media will be formally notified. The document will give the baby's gender, weight and time of birth.

It could be some time before the baby's name is made public. When William was born, a week passed before his name was announced. Charles's name remained a mystery for an entire month.

Former press secretary to the Queen Dickie Arbiter said the birth was a historic first.

"There will be three heirs in waiting while the sovereign is fit and well and that's a first," he said.

A ROYAL BABY LABOUR PLAYLIST

William and Kate have made it publicly known they have no idea the sex of the baby, in a life so stage managed there are very few surprises they have the luxury of enjoying and wanted to enjoy this one.

Kate is also planning to have a natural birth at the prestigious Lindo Wing where a 24-hour care package can cost more than AUD$10,000.

Both Prince William and Prince Harry were both born at the same wing.

The news Kate had gone into labour no doubt pleased the Queen who last week joked she hoped it would hurry up since she is planning to go on her annual summer holiday in Balmoral this Friday. The last time a still-serving monarch got to meet a great grandchild born into the line of succession was almost 120 years ago in the reign of Queen Victoria who was ruling when Edward VIII was born third in line in 1894.

No real surprise all things royal baby was trending on social media. Millions of Tweets were also being exchanged. One Tweet being retweeted read: "Her labour will last longer than an Aussie Cricket innings."

The Duchess of Cambridge is being supported through her labour by a cheering squad of wellwishers from outside her hospital.

While Prince William does his bit from the bedside, royal fans gathered in the street hoping to witness history in the making.

Experienced mother Maria Scott, 42, of Newcastle upon Tyne has been sleeping in a tent outside the hospital since Saturday and was ecstatic about the development.

While she didn't see the car arrive, her women's intuition told her the Duchess had gone into labour.

"I didn't see her this morning, but I had a sense that something was going on," Mrs Scott said.

" I don't know how but I did."

Sending a message of support, she encouraged the patient to try to relax and listen to her doctors.

"I wish her a speedy labour," she said.

"I hope she can take it easy and just go with the flow."

The baby will be third in line for the British throne — behind Prince Charles and William — and will eventually become king or queen. Source: AP

Canadian tourist Jane Coombes came straight the hospital when she heard news of the admission.

"We only got here yesterday. It was so nice they waited for us," she said.

"We will keep coming back to check on her. It would mean everything to me if the birth happened while I was here."

The history buff has been coming up with baby names for months.

"If it's a boy I think they should call him Alfred, after King Alfred the Great. He was the best king in the 1800s. He defeated the Vikings and revived learning in the UK."

Dressed head to toe in Union Jacks, John Loughrey, 58, of Wandsworth, wished Kate good health and a rapid recovery.

"God bless you Catherine. As your royal subjects we will support you."

Having spent seven days camped outside the hospital he hoped he wouldn't be there much longer - for the sake of the Duchess.

"I reckon it could be within 24 hours," he said. "We just want a healthy baby, that's the main thing."

The world's press was also buzzing with anticipation having been stationed outside the hospital for weeks awaiting the royal arrival.

Jenny Barbsy, from BBC London radio, said the sheer number of media representatives on site, from countries as far away as Japan, Korea, Australia and America.

"I'm a bit shocked actually," she said.

"It's been crazy, this morning it went from a few to this, it's nuts."

"I feel a bit sorry for her actually, I'm not sure I'd like to be giving birth to my first child with all this hubbub going on outside. Hopefully she's around the back a little bit."

The sign at the gates of Buckingham Palace announcing the birth of Prince William (Photo by Fox Photos/Getty Images) Source: Supplied

The birth of a new heir to the throne has been breathlessly anticipated since William and Kate wed on April 29, 2011, in a lavish ceremony at Westminster Abbey.

When news of a royal pregnancy was announced, there was rejoicing in many households in Britain and throughout the world.

Despite a rough start to the pregnancy, when she was taken to hospital for acute morning sickness, the 31-year-old Kate made a number of public appearances that were halted only near the end of her term.

Since the duchess has cut back on her royal duties, media outlets have been clamouring for position outside of the hospital in anticipation of the birth, jockeying to secure the best vantage point for filming William and Kate emerging, babe in arms.

Officials have said that William plans to take two weeks' paternity leave and then return to his military duties as a search-and-rescue helicopter pilot in Wales.

His tour of duty is scheduled to wrap up around September, and he and Kate are expected to move from their isolated cottage on the island of Anglesey off the coast of Wales to Kensington Palace in central London.

But major refurbishment works at the palace likely won't be finished until at least a month or two after the infant is born - meaning that William and Kate will most likely have to make do with their current temporary home in London, a two-bedroom property at the palace.

Come autumn, however, the family will be able to move into their permanent London home, Apartment 1a at Kensington Palace - a four-storey house with a nursery, 20 rooms and a private garden.

- with Angus Hohenboken, wires

Do you think the royal baby will be a boy or a girl? And what do you think it will be called? Tell us what you think.

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Scott Miller behind bars tonight

Former Olympic swimmer Scott Miller leaves Waverley Court after his brief hearing into drug charges 10 days ago. Picture: Jeremy Piper Source: The Daily Telegraph

OLYMPIC swimmer Scott Miller has been caught in inner Sydney allegedly with the drug ice, less than two weeks after fronting court on drug offences.

The 38-year-old will spend the night in custody after he was refused bail when he appeared in court on Sunday.

Miller was searched by police on Kellet Street, in Darlinghurst, about 11pm (AEST) on Saturday.

Officers allegedly discovered 7.75 grams of methamphetamine, otherwise known as ice.

Miller has been charged with supply prohibited drug indictable quality, and refused bail at Parramatta bail court on Sunday.

Ten days ago the Edgecliff resident appeared in Waverley Local Court, where he pleaded not guilty to drugs charges and possessing more than $16,000 in cash.

He had been arrested on the morning of June 18 at a home in Mascot, after police allegedly found on him three small, resealable bags of methylamphetamine totalling 1.04g.

Miller also had $1900 in cash while and an additional $14,700 found in a vehicle at the Mascot address.

He's accused of either stealing the two sums of money or obtaining them by some other illegal means.

During his brief court appearance he was charged with a fourth drug offence, and the matter was adjourned until August 21.

Miller declined to speak to media outside of court.

The swim star joined the Australian Institute of Sport in 1991 and went on to win silver and bronze medals at the 1996 Atlanta Olympics.

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Parents sue for $109m over death

The last photo of Nathan Chaina (left) with brother Mathew taken during the school excursion in which he lost his life in 1999. Supplied By Family. Source: The Sunday Telegraph

George and Rita Chaina with their sons Jean-Pierre and Mathew at the family home in Vaucluse. Picture: Taylor Adam Source: The Sunday Telegraph

THE family of a 15-year-old boy who drowned in floodwaters during an excursion with one of Sydney's most prestigious schools has spoken for the first time about how the tragedy left them in emotional and financial ruin.

The Chainas are suing Scots College and the Presbyterian Church for a record $109 million in the NSW Supreme Court after their son Nathan was killed when he fell into a swollen creek at the school's Glengarry campus in Kangaroo Valley on October 24, 1999.

In their first sit-down interview in the 14 years since his death, the Chaina family, from Vaucluse in the city's east, said they had spent $20 million in legal fees seeking justice over the tragedy, which has left them battling depression and suicidal thoughts.

Every night, Nathan's parents George and Rita set a place for him at dinner and later go into his bedroom which has been kept exactly how he left it, complete with a poster of a model on the wall to "tuck him in".

Their lives and those of his brothers, Jean-Pierre and Mathew, have never been the same.

A coroner found in 2001 that the school was primarily responsible for Nathan's death because it had not trained the boys to cope in extreme conditions, ignored weather reports and warnings and had almost no communication with the hikers.

While the school admitted liability, Nathan's mother, Rita, said the family has never received a formal apology from them, only pleas for them to drop their civil case, which they launched in 2002.

The family are seeking to recoup their legal fees and the money they claim they would have earned from a cleaning product invented by Nathan's father George, which they say he was no longer able to work on following the death.

After going through seven legal firms, the family had to start representing themselves in the action from last week after no longer being able to afford exorbitant lawyers' fees.

George and Rita Chaina with their sons Jean-Pierre and Mathew at the family home in Vaucluse. Picture: Taylor Adam Source: The Sunday Telegraph

Their request to have the matter adjourned was denied.

"We've had some horrible times but the thing is, we're fighting because they've done the wrong thing and we want to make sure it never happens again," Mrs Chaina said. "The legal system has failed us."

Mathew, who watched in horror aged 13 as his older brother was swept to his death, said he would not be able to get closure until the case was finished.

"It's not a dream in my head, it's not a movie," he said, fighting back tears. "Part of me is still there wanting to finish (the hike). There are times I've wanted to go back there and kill myself.

"We definitely need closure and we can't get closure until this case is over and we get justice for Nathan. It's not about money. Whatever money we get, it's not going to bring Nathan back."

The family said while many schools had changed their outdoor education policies in the wake of the coroner's recommendations, there was still much more to do in protecting students' safety.

The hearing in the NSW Supreme Court continues Monday.

Scots College declined to comment while the matter was before the court.

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6.5 earthquake hits New Zealand

There are reports of phone and power cuts in New Zealand after a 6.5 quake struck near Wellington.

AN EARTHQUAKE measuring 6.5 on the richter scale has shaken parts of New Zealand.

The quake centred 20km east of Seddon in the Cook Strait and about 17km deep was strongly felt in Wellington, Marlborough and surrounding areas.

Witnesses described the quake as "frightening" and unnerving", Sky News reports.

A damaged office building in Wellington after the massive quake.

The quake, which struck at about 5.10pm (3.10pm AEST) on Sunday, follows a magnitude 5.7 on Friday and a 5.8 on Sunday morning.

The quake has left around 3500 Wellington residents without power, according to NZ media reports.

Wellington Police Inspector Marty Parker said there had been minor structural damage that had left parts of the city without power.

There were no immediate reports of injuries or damage and a tsunami alert has not been issued.

The US Geological Survey said the quake struck under the Cook Strait 57 kilometres southwest of Wellington. It was 10 kilometres underground.

The quake could be felt hundreds of kilometres away in the centre of New Zealand's North Island.

Parker said the quake struck near nightfall. A more complete picture of the damage would emerge in the morning, he said.

New Zealand is part of the so-called Pacific "Ring of Fire'' that receives regular seismic activity. A severe earthquake in the city of Christchurch in 2011 killed 185 people and destroyed much of the city's downtown.

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Mickey Arthur breaks silence on law suit

LAW SUIT: Sacked Australian coach Mickey Arthur says he was "truly shocked and devastated'' by his dismissal. Picture: Kerris Berrington Source: PerthNow

STATEMENT: Arthur arrives at Perth Airport today. Source: PerthNow

SACKED Australian cricket coach Mickey Arthur has spoken for the first time since details of his law suit with Cricket Australia were leaked, telling media he had "no option" than to launch legal action.

Speaking at Perth Airport after arriving home from Johannesburg today, Arthur said he was disappointed that details of the dispute were made public.

Last week details of a $4 million law suit by Arthur against Cricket Australia were leaked.

Reading a written statement, Arthur said: "It's very unfortunate that my private dispute with Cricket Australia was made public by others.

"Due to the sensitive matters involved I had taken extensive steps in co-operation with the Fair Work Commission to keep the case entirely confidential.

"Selective leaks by others have ruined my attempts to protect the Australian Cricket team and everyone involved."

Arthur said no one associated with him had released the confidential document.

He also said Cricket Australia failed to notify him in writing of his dismissal or pay him out properly, despite efforts of contacting senior level management for days.

"After my dismissal, I received nothing in writing from Cricket Australia, no contact and no payment at all, even on my basic leave pay, until I was forced to bring in lawyers to assist in the process," Arthur said.

"I was really trying for a private resolution that would not have any collateral damage to the reputation of any of us."

Arthur said he thought "perhaps naively" that Cricket Australia would have talks with him in "good faith".

"Sadly this hasn't happened and here we are today," he said.

"I never wanted to launch legal action, but Cricket Australia simply left me no option."

Arthur claimed Cricket Australia chief executive James Sutherland even told him he was being made a "scapegoat."

"I find that a totally unfair basis to end my career, the damage to my reputation and career has been immense," he said.

"Which means the chances of me getting another senior job are that much less."

Arthur said he was shocked and devastated by his sacking and had met all job requirements.

"I had received a positive appraisal on all my key performance indicators just prior to  departing for the Ashes tour,'' he said.

"I'm told that (suspended opening batsman) David Warner's conduct was the last straw for the board, I received no hearing at all for that issue.''.

"No one was doing more to improve discipline in this young Australian cricket team than I was."

The former coach said he still wanted to resolve the matter on a "fair and just basis" and for mediation talks on Wednesday to be productive.

Arthur declined to answer questions and finished his statement by wishing the Australian team the best of luck in the Ashes.

According to documents lodged with Fair Work Australia, Arthur claims he was sacked because of racism and that he was caught in a bitter feud between team captain Michael Clarke and Shane Watson.

Arthur was appointed coach in November 2011 and since that time Australia has struggled with inconsistent performances and some off-field controversies.

Warner was suspended after punching England opener Joe Root at a pub prior to the Ashes.

Australia has won 10 of 19 Tests, 18 of 39 ODIs and seven of 16 T20s with Arthur at the helm.

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Live: second Ashes Test, day four

2nd Test, Day 4 first session highlights

All the highlights from the first session on Day 4 of the second test at Lord's.

AUSTRALIA will look to restore a bit of pride as day four of the second Ashes Test gets underway at Lord's.

With England starting the day leading by a whopping 566 runs, leading many to assume that it's a matter of when, not if the hosts go 2-0 up in the series.

Follow the action and get all the best reaction and analysis from the ground and around the world with our live blog.

JOIN US FOR LIVE COVERAGE OF EVERY MOMENT OF THE ASHES SERIES FROM THE FIRST BALL, INCLUDING A LIVE MATCH CENTRE WITH SCORES, STATS, HAWKEYE DISPLAY OF EVERY DELIVERY AND VIDEO HIGHLIGHTS THROUGHOUT EACH SESSION.

[View the story "Live: Second Ashes Test, Day Four" on Storify]

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Joe Root celebrates taking the wicket of Usman Khawaja.

Graeme Swann successfully appeals for the wicket of Phil Hughes.

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