Sharks exempt from environment laws

FEDERAL Environment Minister Greg Hunt said it was in the "national interest" to exempt WA's plan to bait and kill sharks from national environment law.

Mr Hunt said public safety and the impact on the tourism industry were both "matters of national significance".

On January 6, WA Premier Colin Barnett asked for his plan to deploy up to 72 drum lines 1km off busy beaches be exempt from an obligation for Commonwealth assessment.

Minister for Environment Greg Hunt. Source: News Limited

In his reply, Mr Hunt said it was "an accepted and desirable part of the Australian culture and way of life" that people understand the risk of swimming, surfing and boating in the open seas.

Individuals must take responsibility for their own water safety, he said, adding that diminishing that sense of self responsibility may create "greater risk of misadventure, accident or tragedy".

But he said it was clear that public safety and economic interests "fall within the broader definition of national interest".

Mr Hunt wrote: "One does not have to agree with a policy to accept that a national interest exemption is warranted to protect against imminent threat to life, economic damage and public safety more generally."

Union claims Fisheries officers now at risk

In his reasons for granting exemption, Mr Hunt said "shark strikes" had increased from less than one a year in the mid-1990s to three in each of 2010, 2011 and 2012 and two in 2013.

"This evidence indicates that the number of white shark strikes in Western Australia is increasing over time at a faster rate than population growth though generally the frequency of white shark sightings reduces during the January-April period," he wrote.

There is anecdotal evidence, Mr Hunt adds, that shark attacks are impacting on WA businesses, citing the example of one dive shop which said it had seen a 90% decline in people learning to dive.

He said Australia's beach culture was a strong drawcard for international visitors and a loss of confidence in water-based activities impacts the Australian economy.

Requiring the measure to be assessed by the Commonwealth would delay the deployment of the drum lines until after summer, Mr Hunt added.

The exemption was granted on January 10, but only announced on Monday. Asked to explain the 10-day delay, a spokeswoman said: "The Minister was waiting on final confirmation of arrangements from the West Australian government."

Greens senator Rachel Siewert today said her party would challenge the decision when Parliament resumes.

"The Minister has basically approved the indiscriminate killing of great white sharks. If this is the Abbott Government's benchmark for protection of nationally protected species woe betide Australia," she said.

Greens MLC Lynn MacLaren said official figures show tourism in WA increased last year despite international media coverage of shark attacks.

"We reject the scant evidence provided to Mr Hunt by Premier Barnett which made wild, and we believe, erroneous conclusions about the impact of shark incidents on tourism," she said.

Humane Society International's Alexia Wellbelove said the exemption of the WA shark policy was "a complete disgrace".

22.16 | 0 komentar | Read More

80yo man avoids jail over fatal crash

An 80-year-old man who caused a freeway crash that killed another motorist has been spared jail time, instead given a 12-month suspended term.

Ronald Frank Weston avoided jail when he was sentenced over a fatal freeway crash. Picture: Nine News/Twitter Source: Supplied

AN 80-year-old man who caused a freeway crash that killed another motorist has been spared jail time, instead given a 12-month suspended term.

Ronald Frank Weston was sentenced this morning in the District Court over the Baldivis crash, which occurred about 11.30am on April 24, 2013.

Weston was driving a white Toyota Camry south on the Kwinana Freeway between the Mundijong Road and Safety Bay Road exits, when he drifted within his lane.

He attempted to correct his driving, but lost control, going through a median strip and hitting a car driving in the opposite direction.

The car Weston crashed into was being driven by 32-year-old Julian Murphy, who died at the scene.

Chief Judge Peter Martino concluded the crash occurred because of Weston's inattention, but that the elderly man was remorseful.

"You pleaded guilty at the first reasonable opportunity," he said.

"That shows a willingness to assist the justice process and acceptance of responsibility for your offending behaviour.

"And that remorse is also demonstrated by the fact that you've not driven since the accident and you've made a decision not to drive again."

Weston's lawyer Anthony Hughes said his client was "devastated and very saddened'' to learn Mr Murphy had died.

``He is a person of very stoic character, but inside he feels wracked by a sense of personal guilt and has complete empathy for Mr Murphy's family and the ordeal that they must have gone through,'' he said.

Mr Hughes said his client accepted culpability despite having no recollection of the impact.

Weston was sentenced to 12 months prison, suspended for 12 months.

22.16 | 0 komentar | Read More

Chopper rescue for stranded family

A dramatic helicopter rescue saved five children and their father, who had been bogged on a remote flooded Western Australian road for nearly four days.

A DRAMATIC helicopter rescue saved five children and their father, who had been bogged on a remote flooded Western Australian road for nearly four days.

Police launched the rescue mission early today, after one man walked more than 50 kilometres to get help, and the children's father swam across a flooded river while carrying a full petrol can in a bid to save himself and the youngsters.

The party, including the children aged between three and 11, were safely flown into Halls Creek after their ordeal, which started in torrential rain on Friday afternoon.

Police said they were delighted to be able to relate a happy ending to the adventure, but also warned the outcome could have been disastrous if not for good planning and a lot of luck.

"We are very lucky that nothing more serious happened to them,'' WA Police Assistant Commissioner Gary Dreibergs said.

A major rescue operation has saved five children and a man who have been stranded in a vehicle near Halls Creek since Friday.

"Everyone is in good health and good spirits, but this is a very good warning. Those roads become extremely dangerous.''

The group were travelling from Darwin to Halls Creek along an unsealed road on Friday when they became stranded by floodwater about 80km from the nearest Aboriginal community.pe

The two adults had both tried to get help - with one man walking about 50km before a passing worker drove him to the Ringer Soak community yesterday afternoon where he raised the alarm.

Police were alerted, and told three days' worth food and water had been in the vehicle when he left on Friday - with one child requiring urgent medication, and two of the other youngsters suffering asthma and needing medication.

A group of children who were stranded for five days in outback WA now are all smiles after they were rescued today.

Early today, emergency services discovered the man who remained with the vehicle - the father of the five children - had himself decided to leave the vehicle and head for help.

He had swum across a river and located staff from a nearby station, then swam back across the river with a petrol can.

He managed to restart his stricken car - but became bogged.

A WA police spokesman said a search plane was sent up at first light this morning and the vehicle was spotted.

A group of children who were stranded for five days in outback WA now are all smiles after they were rescued today.

Two helicopter trips took all seven people to Halls Creek, where they were said to be safe and well.

Police reminded anyone travelling in the area to be aware of potential flooding, and to prepare with food, water, spare tyres, fuel and maps.

22.16 | 0 komentar | Read More

Two cops guilty of Spratt Taser assault

Kevin Spratt is relieved that two policemen who repeatedly tasered him in a Perth lockup were today convicted of assault, saying it confirms no one is above the law.

Sgt Aaron Strahan, left, and his colleague Troy Tomlin leave Perth Magistrates Court after being convicted of the tasering assault of Kevin Spratt. Picture: Theo Fakos Source: News Limited

Kevin Spratt who was repeatedly tasered in a Perth lockup. Picture: File image Source: News Limited

KEVIN Spratt is relieved that two policemen who repeatedly tasered him in a Perth lockup were today convicted of assault, saying it confirms "no one is above the law."

Auxiliary officer Troy Gregory Tomlin, 34, was found guilty of all three charges of common assault, while Sergeant Aaron Grant Strahan, 45, was convicted of three of four charges. The fourth common assault charge could not be proven.

Strahan and Tomlin have been on trial for six days, jointly accused of common assault over the tasering of Mr Spratt in the East Perth watch house in September 2008.

CCTV footage showed the senior constables tasering Mr Spratt nine times in just over a minute after he refused to be stripsearched.

In handing down his decision in Perth Magistrates Court this afternoon, Magistrate Richard Bromfield acquitted Strahan of the fourth assault charge because there was insufficient evidence that the Taser actually struck Mr Spratt on that occasion.

He convicted the officers of all other charges, saying there was no reason for self-defence and their actions were "not authorised or justified."

Mr Bromfield will sentence the officers tomorrow morning.

Mr Spratt was not in court today, but in a statement issued after the verdict he said it was a "huge relief that justice has finally been delivered."

"I am pleased that the court has confirmed that no one is above the law and a Taser should only be used as a last resort," he said.

"I am hopeful that today's convictions and the views previously expressed by the CCC will make it less likely others would suffer at the hands of police misusing their power."

Mr Spratt will soon apply to the Attorney-General for an ex-gratia compensation payment. If that is unsuccessful, he will consider launching a civil case against the two officers and possibly others.

The policemen were charged following an inquiry by the Corruption and Crime Commission in a case that made international headlines. In April 2012, the CCC recommended the Director of Public Prosecutions consider laying charges against the pair.

The officers' defence lawyer Karen Vernon has argued for spent convictions and either a good behaviour bond or fines rather than imprisonment.

She said it had been a "long and dark period" for her clients.

Both officers were senior constables at the time, but Strahan has since been promoted to a sergeant while Tomlin has become an auxiliary officer for WA Police.

Ms Vernon submitted Tomlin stepped down from frontline policing over the events in question.

"It seems that for them this is a situation that just continues to play out and play out in the public arena," she said.

Tomlin and Strahan had already been fined $1200 and $750 respectively after an internal WA Police disciplinary hearing and they had suffered personal condemnation and shame, she said.

Ms Vernon also said her clients, who could lose their jobs as a result of the verdict, would seek to apply for a spent conviction as it would dent their employment prospects.

However, state prosecutor James MacTaggart said a spent conviction would "trivialise" the pair's conduct and submitted a "substantial fine" would be appropriate.

During the trial, Ms Vernon argued that Mr Spratt had became uncontrollable and the officers had used justifiable force as Mr Spratt was extremely difficult to restrain.

But Mr MacTaggart said Mr Spratt wasn't posing a threat to anyone.

"To the extent that it's suggested that the application (of the taser) was self-defence ... we say that was not a reasonable response in the circumstances," Mr MacTaggart said.

"On the floor he didn't constitute a threat.

"With so many officers around ... there was simply no need to exercise the taser again."

The court was told that when Tomlin first tasered Mr Spratt he said "give me your hand or you're going to get f...... tasered" before he went on to taser Mr Spratt for three seconds.

After Strahan first tasered Mr Spratt, he then him "do you want to go again? Do you want to go again?" before shocking him for another five seconds.

.

22.16 | 0 komentar | Read More

Four Northam escapees caught

Three more asylum seekers have broken out of the Yongah Hill Detention Centre today. Picture: File image Source: News Limited

FOUR more asylum seekers broke out of the Yongah Hill Detention Centre today.

Sources have told PerthNow the four detainees managed to escape by climbing over the fences this afternoon.

Three asylum seekers were caught soon after the escape, while one detainee remained on the run.

However, tonight the remaining escapee was found and is now in police custody.

This is now the fourth successful escape at the Northam facility since August and the third in a month.

It comes after The Sunday Times/PerthNow revealed this week that it took three asylum seekers just 45 seconds to escape from Yongah Hill on January 12 using nothing more than padded socks.

Documents leaked by a Serco insider highlighted major security flaws at the WA facility as well as other Australian detention centres.

According to the confidential information, weaknesses included asylum seekers' access to the internet to book plane tickets or organise getaway cars through friends via social media and even download Google maps to plan their escape routes.

Detainees had become increasingly confident because of the number of successful escapes in recent years, while the voltage on the 3.2m electric fence was not strong enough to actually shock escapees and its design made it easy to climb.

The Serco insider claimed the entire system was "dysfunctional" and that he was speaking out because he was tired of the "incompetence".

"The whole thing is dysfunctional from the top down," he said.

"For instance the Serco immigration contract has had eight escapes since December due to poor leadership and general incompetence.

"Bottom line -there is no training given and everything is about money. Every time we have these incidents the main effort isn't improving but more so passing the buck and looking for someone to blame.

"This occurred in Thailand last year when Serco lost a high risk and dangerous detainee in the Bangkok airport."

The Department of Immigration and Border Protection has been contacted for comment.

22.16 | 0 komentar | Read More

Johnson wins Allan Border Medal

Australia's quick Mitchell Johnson can now add an Alan Border medal to his impressive start to 2014, edging out Captain Michael Clarke.

Mitchell Johnson with his wife Jessica Bratich-Johnson. Picture: Phil Hillyard. Source: News Limited

WHEN Mitchell Johnson was at his lowest ebb, he promised himself if he got another chance to play Test cricket, he'd make the most of it.

On Monday night, that promise earned him Australian cricket's highest individual honour - the Allan Border Medal.

Johnson, who took 37 wickets as Australia swept to a 5-0 Ashes whitewash, was stunned when his name was read out. His wife Jessica, with a tear in her eye, hugged him as the 200-strong crowd at Doltone House cheered.

GALLERY: WAGS AND PLAYERS ON THE RED CARPET

GALLERY: MITCHELL JOHNSON'S DREAM NIGHT

Peter Siddle and partner Anna Weatherlake on the red carpet. Picture: Brett Costello Source: News Limited

"I was very surprised and very emotional," Johnson said.

"I guess the emotions flowed from what's happened in the past 12 months and even before that. I guess all the hard work, the blood, sweat and tears you go through, the ups and downs of a professional sportsman, it all just came out tonight.

"I knew if I got the opportunity to play Test cricket again I'd make the most of it. I'm very fortunate to get that chance again."

The terrifying left-arm quick has played just six Tests in the past year, but in five of them he was a genuine matchwinner.

He took man of the series honours as Australia reclaimed the Ashes in the most emphatic of manners and put the world on notice that, at 32, his career is far from over.

He paid the biggest tribute to his wife, who's been by his side throughout his ups and downs.

"She's been through it with me, she's been a huge part of my career so far," said Johnson, who's taken 242 career Test wickets.

Gerard Middleton and Malcolm Conn bring you the latest from the red carpet of the Allan Border Medal.

"She's seen all the bad times and all the doubters. She's been a huge support for me and obviously a very positive support for me as well."

Two years ago, Johnson's career looked over after a troubled tour of South Africa ended with a foot injury.

Johnson didn't feature in Australia's 3-0 Ashes series loss during the English summer earlier in the year.

He forced his way back into Test calculations in the one-day arena - and courtesy of injuries in Australia's fast bowling ranks.

Michael Clarke was widely favoured to win what would have been a record fifth AB Medal.

Clarke polled 156 votes, second to Johnson's 168, while James Faulkner, who has played just the one Test match during the voting period, was the surprise finisher in third.

The Australian captain couldn't have been happier for his teammate.

"I think every single one of the players in the XI that took the field throughout the Ashes deserves a lot of credit, but in saying that Mitchell Johnson certainly deserves the accolades he's receiving and well and truly deserves the Allan Border Medal," Clarke said.

"He was able to bowl the way I personally feel he bowls his best, as an impact bowler, as an X-factor."

Australian captain Michael Clarke and his wife Kyly Clarke. Picture: Brett Costello. Source: News Limited

Johnson is just the third fast bowler to win the award, joining Glenn McGrath (2000) and Brett Lee (2008).

Clarke wasn't left empty-handed, after walking away with the Test player of the year award, finishing above Steve Smith and Chris Rogers.

George Bailey was the runaway winner of the ODI player of the year. He averaged nearly 96 during Australia's series against India and currently has the second-highest average in world cricket.

Faulkner came in second, just ahead of Johnson.

It was a bitter-sweet night for Bailey, who was left out of Australia's Test squad for South Africa.

"It's disappointing not to be going to South Africa but I think I have come to terms with it," Bailey said.

"If you are going to play five Tests over a summer you would pick the five we played. It's been extraordinary."

Meg Lanning, just 21-years-old, won the Belinda Clark medal for the best female cricketer of the year.

Big-hitting Aaron Finch was named the Twenty20 player of the year, in front of Faulkner and Fawad Ahmed.

Other awards of the night went to Victorian Cameron White, who was named the domestic player of the year.

Jordan Silk from Tasmania claimed the Bradman young player of the year.

Relive cricket's night of nights in our live blog below!

CLICK HERE FOR A BETTER VIEWING EXPERIENCE ON AN APPLE MOBILE DEVICE.

22.16 | 0 komentar | Read More

Two cases prompt measles warning

West Australians have been warned to check their measles vaccination status after two adults with the disease were hospitalised last week. Picture: File image Source: News Limited

WEST Australians have been warned to check their measles vaccination status after two adults with the disease were hospitalised last week.

A woman in her 30s and a man in his 40s were hospitalised after being infected with measles during a trip to Asia.

Fourteen cases of measles have been confirmed since October, compared with an average of just three cases during the same period over the previous five years.

Health Department acting director of communicable disease control Paul Effler said it was possible more measles cases would occur in WA the coming weeks.

"Measles is highly infectious and is spread through coughing and sneezing," he said.

Symptoms can include fever, tiredness, a runny nose, cough and sore, red eyes, which usually last for days before a red, blotchy rash appears.

Complications can range from an ear infection and diarrhoea to pneumonia or swelling of the brain.

"Anyone who develops measles symptoms should seek medical attention, but it is important that they phone ahead first to ensure they don't share the waiting area with other patients and risk infecting them," Dr Effler said.

Measles can be prevented through vaccination but people born in 1965 or earlier are usually immune because they are likely to have had the disease during childhood.

"Measles is still common in many parts of the world and Australians who travel abroad need to check their immunisation status," Dr Effler said.

22.16 | 0 komentar | Read More

Verdict near in Spratt tasering case

A decision will be handed down tomorrow in the case of two policemen accused of the tasering assault of Kevin Spratt. Picture: File image Source: News Limited

A MAGISTRATE will tomorrow hand down his decision in the case of two policemen charged with assaulting an Aboriginal man by repeatedly tasering him in a lock-up.

Aaron Grant Strahan and Troy Gregory Tomlin have been on trial in Perth Magistrates Court, jointly accused of common assault over the tasering of Kevin Spratt in the East Perth watch house in September 2008.

CCTV footage showed the senior constables tasering Mr Spratt nine times in just over a minute after he refused to be strip-searched.

In her closing address on Monday, defence lawyer Karen Vernon said Mr Spratt had became uncontrollable.

Ms Vernon said he told the accused and two other policemen to "f*** off" and gripped onto the arm of a bench, refusing to let go. After they prised his fingers off the bench, there was a scuffle and Mr Spratt was tasered several times, including while on the floor as officers restrained his arms and legs.

Ms Vernon said the policemen used justifiable force as Mr Spratt was extremely difficult to restrain.

"It was not easy to get hold of Mr Spratt," she said.

"He resisted all of their attempts to restrain him." She also said that on one occasion, Mr Spratt had tried to remove Tomlin's taser from its holster before Strahan fired his device at the prisoner.

But state prosecutor James MacTaggart said Mr Spratt wasn't posing a threat to anyone.

"To the extent that it's suggested that the application (of the taser) was self-defence ... we say that was not a reasonable response in the circumstances," Mr MacTaggart said.

"On the floor he didn't constitute a threat.

"With so many officers around ... there was simply no need to exercise the Taser again." Magistrate Richard Bromfield will hand down his verdict tomorrow afternoon.

22.16 | 0 komentar | Read More

Man jailed over fatal drunken assault

Murdered Mandurah teenager Jessie Cate. Source: News Limited

In the Supreme Court today a 42-year-old man has been jailed for six years and two months over a drunken assault causing the death of the father of murdered teenager Jessie Cate. Source: News Limited

THE family of the father of murdered Mandurah teenager Jessie Cate has called for an end to alcohol-fuelled violence after a man was today jailed over his bashing death.

Timothy John Skipper, 42, was been jailed for six years and two months over a drunken assault that caused the death of Paul Edward Cate, 46.

Cate died after a fight with Skipper at Mr Cate's caravan home near Mandurah on May 31, 2012.

The fight happened a day after Kyle Rohan Garth pleaded guilty to murdering Mr Cate's 15-year-old daughter, Jessie, by strangling her.

The WA Supreme Court heard today that Skipper and Mr Cate had been drinking with friends when Mr Cate touched Skipper's girlfriend on the bottom.

Skipper repeatedly punched Mr Cate and kneed him in the head before the group returned to their drinking, believing Mr Cate had fallen asleep.

When they realised it was more serious, they called for an ambulance and tried to resuscitate him, but Mr Cate died in hospital, the court heard.

Skipper first said Mr Cate fell over and Justice Lindy Jenkins said there was "an element of self-interest" in his failure to mention the fight.

Skipper, who has a criminal record including assault, claimed to not remember details about the fight.

"The simple fact is, if you had not been drinking, if you had not let your anger go, then Mr Cate would be alive today," Justice Jenkins said.

She said the Cate family had endured a "double tragedy" with the death of Jessie and then her father.

"I have seen over the decades too many people losing their lives from thoughtless violence even though there has been no intent to cause significant injury," she said.

Outside court Mr Cate's brother, Shane, called for an end to alcohol-fuelled violence.

He said his brother had unfortunately not had much contact with his daughter before her death.

"Obviously our family has been through an awful lot the last two years," he said.

"I don't think any parent could ever recover from losing their child." He said as a young kid he tended to idolise his brother.

"Deep down, he was a good person and he loved his kids." Skipper must serve four years and two months before being eligible for parole.

22.16 | 0 komentar | Read More

Threats force Fisheries into shark cull plan

Threats to the safety of fishermen being paid to kill sharks for the State Government has forced Premier Colin Barnett to order his own Fisheries officers to carry out the controversial catch and kill policy instead.

The Department of Fisheries will control the shark baiting program in the metropolitan area after threats against a private company forced it to pull out of the tender process. Source: News Limited

Premier Colin Barnett with a hook from a drum line which is to be baited to catch large sharks. Picture: Colin Murty Source: News Limited

THREATS to the safety of fishermen being paid to kill sharks for the State Government has forced Premier Colin Barnett to order his own Fisheries officers to carry out the controversial catch and kill policy instead.

The anger against the WA government's creation of a 1km kill zone full of baited hooks off the coast has become so heated that personal threats have been made towards Fisheries Minister Ken Baston and the firms who tendered for the right to patrol as government ``shark sheriffs''.

The threats were deemed so serious the firm that won the contract to monitor Perth beaches has pulled out and WA Police have been informed.

Mr Baston confirmed today that a government boat staffed with Fisheries officers will do the job instead, to begin within weeks.

However, a private contractor's tender to carry out the baited drum line plan in the South West - where the last shark attack victim was killed in November - has been accepted.

``That particular tender pulled out because of the worry of threats to him and his family, so now we will use the Department of Fisheries to have a boat available and so we are putting that together,'' Mr Baston said.

``I would say that will happen within a matter of weeks.

``Everyone is entitled to peaceful action, but when people make personal threats on people's lives then that is appalling, and that is a police matter.''

The other potential fishermen who applied for the contract were not successful, and would not be offered the contract, Mr Baston said.

Despite the threats, he said fisheries officials were happy to do the work.

``Anyone is worried about a security threat, and of course everyone is taking it seriously,'' Mr Baston said.

Greens MP Lynn MacLaren said she "would not be surprised if there are resignations" from Fisheries staff.

"I guarantee that virtually no one at Fisheries will be happy about this," she said.

"The WA Fisheries Department's mission is to conserve and manage the aquatic resources of WA to ensure there are 'fish for the future' - the shark cull completely contradicts this."

Ms MacLaren said she feared Fisheries resources would be diverted for the cull plan.

The WA shark policy has prompted a furious reaction from environmental activists, who have said they will take direct action against the drumlins, and those who operate them.

Activist Simon Peterffy denied any threats had been made by those in his Marine Response Unit organisation.

``The government has no-one to put these drumlins out in the water for them,'' Mr Peterffy said.

``These campaigns have scared these fishermen, and they don't want to be seen culling these marine animals.''

22.16 | 0 komentar | Read More