Man cleared of murdering ex-girlfriend's new partner
Prosecutors told a NSW Supreme Court jury in June that Allan Francis Dunbar, 59, murdered Shane Naylor out of jealousy and "mutual animosity" in January, 2022.
The jury heard Dunbar had ended up in hospital after former partner Erin Rogers and Mr Naylor beat him up twice and kicked him out of their house.
Mr Naylor died after being stabbed in the heart during a fight at a Toongabbie home in Sydney's west.
A yellow box cutter and a blade without a handle were found near his body, but Dunbar's DNA was not found on either.
Dunbar acknowledged his difficult relationship with Mr Naylor but he did not stab or even strike him, defence lawyer Josh Brock told the jury.
He said a statement from Ms Rogers pointed the finger at a third man who intervened in the fight and punched Mr Naylor in the head.
Mr Brock argued the man and another witness had deliberately obscured the truth in their accounts of the altercation.
After retiring on Friday, the jury returned its not guilty verdict on Monday.
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The Advertiser
a day ago
- The Advertiser
Legal issues arise in the prosecution of a 13-year-old Chinese girl for murder
The prosecution of a 13-year-old Chinese girl for the stabbing murder of a fellow exchange student at Lake Macquarie will present extraordinary challenges for the state's justice system. The prosecution of a child, who is also a foreign national, for murder is believed to be unprecedented in Australian legal circles. "There are certainly examples of children being prosecuted for murder, but I have never heard of a Chinese girl in a situation like this. It's quite extraordinary," Professor John Anderson from the University of Newcastle's School of Law and Justice said. Australia's youngest killer, known as SLD, was convicted of killing three-year-old Courtney Morley-Clarke on the Central Coast in 2001 when he was just 13. He was released from prison in March this year after serving 22 years in custody. For children over the age of 10 and under the age of 14, the common law presumption of doli incapax (incapable of wrong) applies to criminal offences - that is, children do not possess the necessary criminal intent to be held responsible for their actions. This means the law presumes they cannot distinguish between right and wrong in a way that would make them legally culpable for a crime. This can be rebutted by the prosecution if it can prove beyond a reasonable doubt that the child understood their actions were seriously wrong. "If you look at the James Bulger case in England, those boys were 10 and 11 when they were prosecuted. There was a doli incapax argument raised in that case, but it was overcome," Professor Anderson said. "Prosecuting a 13-year-old does raise lots of other issues in the criminal system in terms of establishing criminal responsibility, but it's not impossible. Certainly, a 13-year-old can be criminally responsible. In addition to her age and nationality, the girl's fitness will be a further complication for prosecutors. Magistrate Andrew Eckhold noted that the girl, who can not be named, appeared to be"severely unwell" and was taking "an extraordinary number of medications" when the case was mentioned in Broadmeadow Children's Court on Wednesday. "Depending on what the mental health issues are, and if there is any psychiatric evidence, it then becomes a question of whether they (the defence) can raise the mental health defenses to murder, of which there are two - the mental illness defense or the defense of substantial impairment by mental abnormality, which is only available to murder, and would reduce murder to manslaughter if it was successful," Professor Anderson said. Ultimately, the case will be determined in the NSW Supreme Court. Newcastle-based lawyer Drew Hamilton said he believed that, given the recent push by NSW Chief Justice Andrew Bell to bring justice to the regions, there was a fair chance a future trial would be held in Newcastle. Specialist resources will also have to be provided to ensure the girl is appropriately represented. "As a Chinese foreign national and young person, she would be considered extremely vulnerable," Mr Hamilton said. "She would need additional assistance from an experienced legal team, qualified interpreters, juvenile justice officers and allied health professionals. If found guilty, further questions would arise as to whether the girl would serve her sentence in Australia or whether she could be transferred to China. "Australia does have prisoner exchange programs with certain countries, but I think it would go over to the Foreign Minister. That would bring in very different types of negotiations," Professor Anderson said. The prosecution of a 13-year-old Chinese girl for the stabbing murder of a fellow exchange student at Lake Macquarie will present extraordinary challenges for the state's justice system. The prosecution of a child, who is also a foreign national, for murder is believed to be unprecedented in Australian legal circles. "There are certainly examples of children being prosecuted for murder, but I have never heard of a Chinese girl in a situation like this. It's quite extraordinary," Professor John Anderson from the University of Newcastle's School of Law and Justice said. Australia's youngest killer, known as SLD, was convicted of killing three-year-old Courtney Morley-Clarke on the Central Coast in 2001 when he was just 13. He was released from prison in March this year after serving 22 years in custody. For children over the age of 10 and under the age of 14, the common law presumption of doli incapax (incapable of wrong) applies to criminal offences - that is, children do not possess the necessary criminal intent to be held responsible for their actions. This means the law presumes they cannot distinguish between right and wrong in a way that would make them legally culpable for a crime. This can be rebutted by the prosecution if it can prove beyond a reasonable doubt that the child understood their actions were seriously wrong. "If you look at the James Bulger case in England, those boys were 10 and 11 when they were prosecuted. There was a doli incapax argument raised in that case, but it was overcome," Professor Anderson said. "Prosecuting a 13-year-old does raise lots of other issues in the criminal system in terms of establishing criminal responsibility, but it's not impossible. Certainly, a 13-year-old can be criminally responsible. In addition to her age and nationality, the girl's fitness will be a further complication for prosecutors. Magistrate Andrew Eckhold noted that the girl, who can not be named, appeared to be"severely unwell" and was taking "an extraordinary number of medications" when the case was mentioned in Broadmeadow Children's Court on Wednesday. "Depending on what the mental health issues are, and if there is any psychiatric evidence, it then becomes a question of whether they (the defence) can raise the mental health defenses to murder, of which there are two - the mental illness defense or the defense of substantial impairment by mental abnormality, which is only available to murder, and would reduce murder to manslaughter if it was successful," Professor Anderson said. Ultimately, the case will be determined in the NSW Supreme Court. Newcastle-based lawyer Drew Hamilton said he believed that, given the recent push by NSW Chief Justice Andrew Bell to bring justice to the regions, there was a fair chance a future trial would be held in Newcastle. Specialist resources will also have to be provided to ensure the girl is appropriately represented. "As a Chinese foreign national and young person, she would be considered extremely vulnerable," Mr Hamilton said. "She would need additional assistance from an experienced legal team, qualified interpreters, juvenile justice officers and allied health professionals. If found guilty, further questions would arise as to whether the girl would serve her sentence in Australia or whether she could be transferred to China. "Australia does have prisoner exchange programs with certain countries, but I think it would go over to the Foreign Minister. That would bring in very different types of negotiations," Professor Anderson said. The prosecution of a 13-year-old Chinese girl for the stabbing murder of a fellow exchange student at Lake Macquarie will present extraordinary challenges for the state's justice system. The prosecution of a child, who is also a foreign national, for murder is believed to be unprecedented in Australian legal circles. "There are certainly examples of children being prosecuted for murder, but I have never heard of a Chinese girl in a situation like this. It's quite extraordinary," Professor John Anderson from the University of Newcastle's School of Law and Justice said. Australia's youngest killer, known as SLD, was convicted of killing three-year-old Courtney Morley-Clarke on the Central Coast in 2001 when he was just 13. He was released from prison in March this year after serving 22 years in custody. For children over the age of 10 and under the age of 14, the common law presumption of doli incapax (incapable of wrong) applies to criminal offences - that is, children do not possess the necessary criminal intent to be held responsible for their actions. This means the law presumes they cannot distinguish between right and wrong in a way that would make them legally culpable for a crime. This can be rebutted by the prosecution if it can prove beyond a reasonable doubt that the child understood their actions were seriously wrong. "If you look at the James Bulger case in England, those boys were 10 and 11 when they were prosecuted. There was a doli incapax argument raised in that case, but it was overcome," Professor Anderson said. "Prosecuting a 13-year-old does raise lots of other issues in the criminal system in terms of establishing criminal responsibility, but it's not impossible. Certainly, a 13-year-old can be criminally responsible. In addition to her age and nationality, the girl's fitness will be a further complication for prosecutors. Magistrate Andrew Eckhold noted that the girl, who can not be named, appeared to be"severely unwell" and was taking "an extraordinary number of medications" when the case was mentioned in Broadmeadow Children's Court on Wednesday. "Depending on what the mental health issues are, and if there is any psychiatric evidence, it then becomes a question of whether they (the defence) can raise the mental health defenses to murder, of which there are two - the mental illness defense or the defense of substantial impairment by mental abnormality, which is only available to murder, and would reduce murder to manslaughter if it was successful," Professor Anderson said. Ultimately, the case will be determined in the NSW Supreme Court. Newcastle-based lawyer Drew Hamilton said he believed that, given the recent push by NSW Chief Justice Andrew Bell to bring justice to the regions, there was a fair chance a future trial would be held in Newcastle. Specialist resources will also have to be provided to ensure the girl is appropriately represented. "As a Chinese foreign national and young person, she would be considered extremely vulnerable," Mr Hamilton said. "She would need additional assistance from an experienced legal team, qualified interpreters, juvenile justice officers and allied health professionals. If found guilty, further questions would arise as to whether the girl would serve her sentence in Australia or whether she could be transferred to China. "Australia does have prisoner exchange programs with certain countries, but I think it would go over to the Foreign Minister. That would bring in very different types of negotiations," Professor Anderson said. The prosecution of a 13-year-old Chinese girl for the stabbing murder of a fellow exchange student at Lake Macquarie will present extraordinary challenges for the state's justice system. The prosecution of a child, who is also a foreign national, for murder is believed to be unprecedented in Australian legal circles. "There are certainly examples of children being prosecuted for murder, but I have never heard of a Chinese girl in a situation like this. It's quite extraordinary," Professor John Anderson from the University of Newcastle's School of Law and Justice said. Australia's youngest killer, known as SLD, was convicted of killing three-year-old Courtney Morley-Clarke on the Central Coast in 2001 when he was just 13. He was released from prison in March this year after serving 22 years in custody. For children over the age of 10 and under the age of 14, the common law presumption of doli incapax (incapable of wrong) applies to criminal offences - that is, children do not possess the necessary criminal intent to be held responsible for their actions. This means the law presumes they cannot distinguish between right and wrong in a way that would make them legally culpable for a crime. This can be rebutted by the prosecution if it can prove beyond a reasonable doubt that the child understood their actions were seriously wrong. "If you look at the James Bulger case in England, those boys were 10 and 11 when they were prosecuted. There was a doli incapax argument raised in that case, but it was overcome," Professor Anderson said. "Prosecuting a 13-year-old does raise lots of other issues in the criminal system in terms of establishing criminal responsibility, but it's not impossible. Certainly, a 13-year-old can be criminally responsible. In addition to her age and nationality, the girl's fitness will be a further complication for prosecutors. Magistrate Andrew Eckhold noted that the girl, who can not be named, appeared to be"severely unwell" and was taking "an extraordinary number of medications" when the case was mentioned in Broadmeadow Children's Court on Wednesday. "Depending on what the mental health issues are, and if there is any psychiatric evidence, it then becomes a question of whether they (the defence) can raise the mental health defenses to murder, of which there are two - the mental illness defense or the defense of substantial impairment by mental abnormality, which is only available to murder, and would reduce murder to manslaughter if it was successful," Professor Anderson said. Ultimately, the case will be determined in the NSW Supreme Court. Newcastle-based lawyer Drew Hamilton said he believed that, given the recent push by NSW Chief Justice Andrew Bell to bring justice to the regions, there was a fair chance a future trial would be held in Newcastle. Specialist resources will also have to be provided to ensure the girl is appropriately represented. "As a Chinese foreign national and young person, she would be considered extremely vulnerable," Mr Hamilton said. "She would need additional assistance from an experienced legal team, qualified interpreters, juvenile justice officers and allied health professionals. If found guilty, further questions would arise as to whether the girl would serve her sentence in Australia or whether she could be transferred to China. "Australia does have prisoner exchange programs with certain countries, but I think it would go over to the Foreign Minister. That would bring in very different types of negotiations," Professor Anderson said.
The Advertiser
a day ago
- The Advertiser
Sex worker recalls moment crime family boss gunned down
A sex worker has broken down in tears as she recalled screaming for help when a major crime figure was gunned down in front of her, moments after sharing a meal. When the woman left Kid Kyoto restaurant with Hamze crime family boss Bilal Hamze after dinner on June 17, 2021, she said they were laughing and jovial. But then she heard a loud bang that prompted Hamze - who she knew as Bill - to start running, so she followed suit. "I've never heard anything like it. I didn't know what it was," the sex worker said. She recounted hiding in an alcove until the last of the gunshots rang out before running towards Hamze, who was lying face down on the footpath. "I ran up to Bill and touched his arms and back and I was screaming 'stop' and 'help'," the woman said. "I didn't know what to do." She told a court she called triple-zero but was too distraught to speak so she hung up and attended to Hamze, who was making grunting noises. Hamze sustained gunshot wounds to his abdomen, hip and elbow, later dying in hospital. His last moments have been laid bare in the NSW Supreme Court trial of the man accused of his murder - rival Alameddine crime network associate Samuel John Rokomaqisa. The 35-year-old pleaded not guilty to Hamze's murder, as well as conspiring to kill his brother Ibrahem Hamze and assaulting an elderly man during a carjacking. It is alleged he committed the crimes to demonstrate his loyalty to the Alameddine gang and gain their trust so they would employ him. But his lawyer claims there is no eyewitness evidence to place the Fijian man inside the black Audi seen to circle the block and pause beside Hamze when the rounds of shots were fired. The heavily tinted windows impeded a taxi driver's view as the luxury car passed by, but he said he saw one of the windows lower a few centimetres when the car paused in front of him. "As soon as the car stopped, I saw flashes and heard loud bangs coming from the front passenger window," he recalled in a statement read to the court. "I believe these were gunshots ... I was scared for my life." A nearby security guard also noted the tinted windows on the Audi, and said he was only able to see that the driver was wearing a blue surgical mask which covered much of his face. In a triple zero call, eyewitness Carolyn Howard says that a car has driven by and fired "probably ten shots" at a man who was groaning and bleeding. "He's not breathing," someone can be heard saying towards the end of the call. Ms Howard told the jury she had been walking behind Hamze and the sex worker before the drive-by shooting, which she described as terrifying. "I've never experienced anything like that," she said. The sex worker received a number of texts and calls from a male friend around the time of Hamze's death, the jury was told. Rokomaqisa's barrister previously said she had been communicating with a person of interest in the vicinity of the restaurant, who was described as "frantic" in sending messages and making calls at the time of the killing. The trial continues. A sex worker has broken down in tears as she recalled screaming for help when a major crime figure was gunned down in front of her, moments after sharing a meal. When the woman left Kid Kyoto restaurant with Hamze crime family boss Bilal Hamze after dinner on June 17, 2021, she said they were laughing and jovial. But then she heard a loud bang that prompted Hamze - who she knew as Bill - to start running, so she followed suit. "I've never heard anything like it. I didn't know what it was," the sex worker said. She recounted hiding in an alcove until the last of the gunshots rang out before running towards Hamze, who was lying face down on the footpath. "I ran up to Bill and touched his arms and back and I was screaming 'stop' and 'help'," the woman said. "I didn't know what to do." She told a court she called triple-zero but was too distraught to speak so she hung up and attended to Hamze, who was making grunting noises. Hamze sustained gunshot wounds to his abdomen, hip and elbow, later dying in hospital. His last moments have been laid bare in the NSW Supreme Court trial of the man accused of his murder - rival Alameddine crime network associate Samuel John Rokomaqisa. The 35-year-old pleaded not guilty to Hamze's murder, as well as conspiring to kill his brother Ibrahem Hamze and assaulting an elderly man during a carjacking. It is alleged he committed the crimes to demonstrate his loyalty to the Alameddine gang and gain their trust so they would employ him. But his lawyer claims there is no eyewitness evidence to place the Fijian man inside the black Audi seen to circle the block and pause beside Hamze when the rounds of shots were fired. The heavily tinted windows impeded a taxi driver's view as the luxury car passed by, but he said he saw one of the windows lower a few centimetres when the car paused in front of him. "As soon as the car stopped, I saw flashes and heard loud bangs coming from the front passenger window," he recalled in a statement read to the court. "I believe these were gunshots ... I was scared for my life." A nearby security guard also noted the tinted windows on the Audi, and said he was only able to see that the driver was wearing a blue surgical mask which covered much of his face. In a triple zero call, eyewitness Carolyn Howard says that a car has driven by and fired "probably ten shots" at a man who was groaning and bleeding. "He's not breathing," someone can be heard saying towards the end of the call. Ms Howard told the jury she had been walking behind Hamze and the sex worker before the drive-by shooting, which she described as terrifying. "I've never experienced anything like that," she said. The sex worker received a number of texts and calls from a male friend around the time of Hamze's death, the jury was told. Rokomaqisa's barrister previously said she had been communicating with a person of interest in the vicinity of the restaurant, who was described as "frantic" in sending messages and making calls at the time of the killing. The trial continues. A sex worker has broken down in tears as she recalled screaming for help when a major crime figure was gunned down in front of her, moments after sharing a meal. When the woman left Kid Kyoto restaurant with Hamze crime family boss Bilal Hamze after dinner on June 17, 2021, she said they were laughing and jovial. But then she heard a loud bang that prompted Hamze - who she knew as Bill - to start running, so she followed suit. "I've never heard anything like it. I didn't know what it was," the sex worker said. She recounted hiding in an alcove until the last of the gunshots rang out before running towards Hamze, who was lying face down on the footpath. "I ran up to Bill and touched his arms and back and I was screaming 'stop' and 'help'," the woman said. "I didn't know what to do." She told a court she called triple-zero but was too distraught to speak so she hung up and attended to Hamze, who was making grunting noises. Hamze sustained gunshot wounds to his abdomen, hip and elbow, later dying in hospital. His last moments have been laid bare in the NSW Supreme Court trial of the man accused of his murder - rival Alameddine crime network associate Samuel John Rokomaqisa. The 35-year-old pleaded not guilty to Hamze's murder, as well as conspiring to kill his brother Ibrahem Hamze and assaulting an elderly man during a carjacking. It is alleged he committed the crimes to demonstrate his loyalty to the Alameddine gang and gain their trust so they would employ him. But his lawyer claims there is no eyewitness evidence to place the Fijian man inside the black Audi seen to circle the block and pause beside Hamze when the rounds of shots were fired. The heavily tinted windows impeded a taxi driver's view as the luxury car passed by, but he said he saw one of the windows lower a few centimetres when the car paused in front of him. "As soon as the car stopped, I saw flashes and heard loud bangs coming from the front passenger window," he recalled in a statement read to the court. "I believe these were gunshots ... I was scared for my life." A nearby security guard also noted the tinted windows on the Audi, and said he was only able to see that the driver was wearing a blue surgical mask which covered much of his face. In a triple zero call, eyewitness Carolyn Howard says that a car has driven by and fired "probably ten shots" at a man who was groaning and bleeding. "He's not breathing," someone can be heard saying towards the end of the call. Ms Howard told the jury she had been walking behind Hamze and the sex worker before the drive-by shooting, which she described as terrifying. "I've never experienced anything like that," she said. The sex worker received a number of texts and calls from a male friend around the time of Hamze's death, the jury was told. Rokomaqisa's barrister previously said she had been communicating with a person of interest in the vicinity of the restaurant, who was described as "frantic" in sending messages and making calls at the time of the killing. The trial continues. A sex worker has broken down in tears as she recalled screaming for help when a major crime figure was gunned down in front of her, moments after sharing a meal. When the woman left Kid Kyoto restaurant with Hamze crime family boss Bilal Hamze after dinner on June 17, 2021, she said they were laughing and jovial. But then she heard a loud bang that prompted Hamze - who she knew as Bill - to start running, so she followed suit. "I've never heard anything like it. I didn't know what it was," the sex worker said. She recounted hiding in an alcove until the last of the gunshots rang out before running towards Hamze, who was lying face down on the footpath. "I ran up to Bill and touched his arms and back and I was screaming 'stop' and 'help'," the woman said. "I didn't know what to do." She told a court she called triple-zero but was too distraught to speak so she hung up and attended to Hamze, who was making grunting noises. Hamze sustained gunshot wounds to his abdomen, hip and elbow, later dying in hospital. His last moments have been laid bare in the NSW Supreme Court trial of the man accused of his murder - rival Alameddine crime network associate Samuel John Rokomaqisa. The 35-year-old pleaded not guilty to Hamze's murder, as well as conspiring to kill his brother Ibrahem Hamze and assaulting an elderly man during a carjacking. It is alleged he committed the crimes to demonstrate his loyalty to the Alameddine gang and gain their trust so they would employ him. But his lawyer claims there is no eyewitness evidence to place the Fijian man inside the black Audi seen to circle the block and pause beside Hamze when the rounds of shots were fired. The heavily tinted windows impeded a taxi driver's view as the luxury car passed by, but he said he saw one of the windows lower a few centimetres when the car paused in front of him. "As soon as the car stopped, I saw flashes and heard loud bangs coming from the front passenger window," he recalled in a statement read to the court. "I believe these were gunshots ... I was scared for my life." A nearby security guard also noted the tinted windows on the Audi, and said he was only able to see that the driver was wearing a blue surgical mask which covered much of his face. In a triple zero call, eyewitness Carolyn Howard says that a car has driven by and fired "probably ten shots" at a man who was groaning and bleeding. "He's not breathing," someone can be heard saying towards the end of the call. Ms Howard told the jury she had been walking behind Hamze and the sex worker before the drive-by shooting, which she described as terrifying. "I've never experienced anything like that," she said. The sex worker received a number of texts and calls from a male friend around the time of Hamze's death, the jury was told. Rokomaqisa's barrister previously said she had been communicating with a person of interest in the vicinity of the restaurant, who was described as "frantic" in sending messages and making calls at the time of the killing. The trial continues.
Perth Now
a day ago
- Perth Now
Sex worker recalls moment crime family boss gunned down
A sex worker has broken down in tears as she recalled screaming for help when a major crime figure was gunned down in front of her, moments after sharing a meal. When the woman left Kid Kyoto restaurant with Hamze crime family boss Bilal Hamze after dinner on June 17, 2021, she said they were laughing and jovial. But then she heard a loud bang that prompted Hamze - who she knew as Bill - to start running, so she followed suit. "I've never heard anything like it. I didn't know what it was," the sex worker said. She recounted hiding in an alcove until the last of the gunshots rang out before running towards Hamze, who was lying face down on the footpath. "I ran up to Bill and touched his arms and back and I was screaming 'stop' and 'help'," the woman said. "I didn't know what to do." She told a court she called triple-zero but was too distraught to speak so she hung up and attended to Hamze, who was making grunting noises. Hamze sustained gunshot wounds to his abdomen, hip and elbow, later dying in hospital. His last moments have been laid bare in the NSW Supreme Court trial of the man accused of his murder - rival Alameddine crime network associate Samuel John Rokomaqisa. The 35-year-old pleaded not guilty to Hamze's murder, as well as conspiring to kill his brother Ibrahem Hamze and assaulting an elderly man during a carjacking. It is alleged he committed the crimes to demonstrate his loyalty to the Alameddine gang and gain their trust so they would employ him. But his lawyer claims there is no eyewitness evidence to place the Fijian man inside the black Audi seen to circle the block and pause beside Hamze when the rounds of shots were fired. The heavily tinted windows impeded a taxi driver's view as the luxury car passed by, but he said he saw one of the windows lower a few centimetres when the car paused in front of him. "As soon as the car stopped, I saw flashes and heard loud bangs coming from the front passenger window," he recalled in a statement read to the court. "I believe these were gunshots ... I was scared for my life." A nearby security guard also noted the tinted windows on the Audi, and said he was only able to see that the driver was wearing a blue surgical mask which covered much of his face. In a triple zero call, eyewitness Carolyn Howard says that a car has driven by and fired "probably ten shots" at a man who was groaning and bleeding. "He's not breathing," someone can be heard saying towards the end of the call. Ms Howard told the jury she had been walking behind Hamze and the sex worker before the drive-by shooting, which she described as terrifying. "I've never experienced anything like that," she said. The sex worker received a number of texts and calls from a male friend around the time of Hamze's death, the jury was told. Rokomaqisa's barrister previously said she had been communicating with a person of interest in the vicinity of the restaurant, who was described as "frantic" in sending messages and making calls at the time of the killing. The trial continues.
