Pervert lets nephew rot in jail for murder he did - Canada
2 Rotherham brothers, gang leaders, have appeal rejected - UK
Company that cares for disabled, blasted by Royal Commission - Australia
Serial predator sent to prison for 13 years for CSA - UK
It Appears a Pedophile Let His Nephew Rot in Jail for a Murder He Committed
Convicted British Columbia child killer wins right to appeal
after 34 years in prison
Lawyers for Phillip Tallio claim he was wrongfully convicted and
DNA could prove relative was the real killer
By Eric Rankin, CBC News
In what his lawyers call an "unprecedented move" the B.C. Court of Appeal is allowing Phillip Tallio to file an appeal of his murder conviction — almost 34 years after the filing deadline passed.
Tallio's lawyers had argued new testing of DNA samples could show he was wrongfully convicted of a child murder.
That claim comes in previously sealed documents, released by the B.C. Court of Appeal.
If true, that would mean Phillip Tallio, who will turn 52 in December, has spent decades behind bars for a crime he didn't commit — more time served than other famous wrongfully convicted Canadian prisoners, such as Donald Marshall (11 years), David Milgaard (23 years) and Ivan Henry (27 years).
According to Tallio's lawyers, new evidence shows a second man — a now-dead close relative of the accused — might have been the real killer.
Publication ban lifted
Until now, the allegations were covered by a publication ban. But on Wednesday more than 800 pages of submissions and affidavits were made public following an order by B.C. Appeal Court Justice Elizabeth Bennett.
Tallio's lawyers were applying to appeal his conviction for second-degree murder more than three decades after the appeal deadline expired. They argued the documents should be released.
Friday morning, Justice Bennett granted the extension of time to file an appeal, stating, "In my view the interest of justice demand that Mr. Tallio be permitted to bring his application for further DNA testing and to go forward with this appeal generally."
Honey Hood, 33, says her father Phillip Tallio has been incarcerated her entire life (Eric Rankin/ CBC)
One of Tallio's lawyers, Rachel Barsky, says the granting of the extension is unprecedented.
"This is a historic day in the world of criminal law and the world of wrongful convictions," says Barsky. "We've got a long road ahead. But this is truly a historic day. There's never been an extension of time that's been granted as long as today."
Tallio's daughter, 33-year-old Honey Hood, has only met her father once since he was jailed. She was in court for the decision.
"I instantly started crying tears of joy," says Hood. "I was so happy for him, because I know how much he's been struggling to be in there."
Tallio maintained innocence
Tallio was 17 when he was arrested in April 1983, accused of suffocating his cousin, 22-month-old Delavina Mack, during a drinking party in Bella Coola.
He originally pleaded not guilty. But nine days into his trial, his lawyers changed the plea to guilty.
Tallio, who is described as having an intellect "far below his years," didn't appeal within the required 30-day period, but he has maintained his innocence ever since.
Now 51, he has repeatedly been denied parole.
Eight years ago, his case caught the attention of the UBC Innocence Project, which according to its website "engages … a selected group of law students to review claims of wrongful conviction in British Columbia."
Some of those students are now fully fledged lawyers, representing Tallio.
'There is fresh evidence'
In the documents unsealed by the B.C. Court of Appeal, his legal team claims "there is fresh evidence" from a DNA test result that excludes Tallio as the killer, and provides information "leading to other possible perpetrators."
Tissue samples taken from the toddler were kept at B.C. Children's hospital. There was no DNA testing available when Tallio was convicted in 1984.
The imprisoned man's lawyers maintain a test for male DNA conducted in 2013 on one sample ruled out Tallio. A test on another sample, however, found Tallio "cannot be excluded" as a suspect.
Barsky says that simply means the second test was inconclusive, given the technology in use four years ago.
"'Cannot be excluded' doesn't mean a match," Barsky told CBC News. "We're dealing with a lot of missing information."
Tallio's uncle 'cannot be excluded'
Based on partial DNA, the killer could have been any male relative of Tallio.
His lawyers argue Tallio's paternal uncle, Cyril Tallio Sr., was also at the party where Mack was killed. His DNA was also tested, and he "cannot be excluded" as a suspect.
The legal submission adds: "Cyril Tallio had a criminal record related to sexually assaulting children." He died in 2014.
Phillip Tallio's lawyers want the court to order the release of the DNA samples held by the Crown for new testing, but so far the Crown has refused.
Now that the application to appeal his conviction has been allowed, there could be months of legal battles ahead over the DNA samples.
But Tallio's lawyers say the DNA must be re-examined for the sake of a man who may have been wrongfully imprisoned for more than three decades. Their submission before the B.C. Court of Appeal is blunt:
"These remaining samples provide the only possibility for DNA to prove Mr. Tallio's innocence."
Rotherham child sex abuse brothers
have appeals rejected
SARAH MARSHALL
Two Rotherham brothers jailed for raping, abusing and prostituting young girls have had their request for appeals rejected by the Lord Chief Justice of England and Wales and two High Court judges.
Arshid Hussain (far left) and Basharat Hussain, who were jailed in February last year for sexually exploiting girls in Rotherham, appeared before the Court of Appeal in Leeds yesterday.
The Lord Chief Justice of England and Wales Lord Thomas ruled that all appeals be dismissed.
He also ruled that the sentences handed down to Arshid, 40, of High Street, East Cowick, Goole and Basharat, 39, of no fixed abode, 35-years in prison and 25-years in prison respectively, would stand.
Their uncle Qurban Ali was found guilty of conspiracy to rape and jailed for 10 years. A decision on his appeal against conviction has been adjourned.
Detective Chief Inspector Martin Tate was the Senior Investigating Officer for Operation Clover, the multi-agency investigation into the Hussain brothers and their criminal network who groomed and exploited young girls in Rotherham between 1987 and 2003.
Speaking after the appeal hearing, he said: “I am really pleased with the rulings passed by Lord Chief Justice Lord Thomas.
“The sentences given to Arshid and Basharat last year are some of the largest ever imposed for sexual offending in the UK, but Lord Thomas ruled that this was entirely proportionate. The Lord Chief Justice was clear that this was some of the worst sexual offending he had ever presided over, and that these sentences must act as a deterrent nationally. He also stated that no civilised society can tolerate such offending and the courts must protect the public.
“While the appeals process is not normally one that police comment on, I feel it only right that we continue to recognise the bravery of the young women who have had to face yet another challenge in their battle for justice. No sentence will ever recover the years of abuse, and in many people’s eyes, no sentence is ever long enough. In my view however 35 years in prison is a significant message from the courts that any offending of this type will dealt with in the most robust way possible.
“Any appeal hearing can be difficult for victims of crime, but particularly so for victims of child sexual exploitation and especially the young women we have supported throughout Operation Clover.
“This latest hearing understandably caused some concern and anxiety, but they are relieved with the outcome from court. It is entirely understandable that victims and the wider public want justice from these investigations as soon as possible. It is critical however that the police and CPS get these very complex investigations right. They must be legally sound and stand up to intense scrutiny. We obviously have the support of our extremely professional and victim focused prosecution CPS lawyers and appointed barristers. They work tirelessly with us to convict offenders.
“The trial, presided over by HHJ Judge Wright in Sheffield, allowed the victims to tell their story in their own time and with the correct support under the legal provisions of what we call special measures. I hope that encourages other victims that if they come forward they will be heard and we will discuss all options around giving evidence.
“I hope this latest result demonstrates how committed the police and the criminal justice system are in our support for victims of sexual abuse and that once convicted, we continue to do all we can to ensure that dangerous predators remain behind bars.”
Well done! God bless you!
The gun-toting, drug-dealing brothers – known as Mad Ash and Bash – led a gang in the abuse, with children raped, beaten, passed between offenders and used as prostitutes.
Gold Coast-based service FSG Australia slammed by Royal Commission into child sex abuse
Kathleen Skene, Chief reporter, Gold Coast Bulletin
A GOLD Coast disability service failed to properly investigate reports of child sex abuse, or to ensure others were protected from an alleged perpetrator, according to damning findings by a Royal Commission.
The Royal Commission into Institutional Responses to Child Sexual Abuse rejected every one of FSG Australia’s submissions in relation to the reported sexual abuse of two children in their care, describing some of their evidence as “false”.
Commissioners were critical of the attitude of CEO Vicki Batten who told them she did not believe anyone in the organisation “then or now” was capable of harming a child.
FSG employs 900 staff to care for vulnerable children from Hervey Bay to Ballina.
The Commission wholly accepted the submissions of two mothers who said their complaints were dismissed by FSG.
Horror story #1
One mother, Maree Welch, whose 13-year-old daughter Bobbie alleged casual carer John O’Connor had sexually molested her in 1995, said when she reported her concerns she was “insulted and intimidated” by members of the group who were once friends.
Vicki Batten, CEO of FSG Australia.
O’Connor has always denied the allegation. He worked at FSG until 2000.
In 1998, Ms Welch made a police complaint.
The Commission heard police substantiated Ms Welch’s complaint but did not take criminal action because Bobbie was not capable of giving evidence.
They found FSG continued to employ Mr O’Connor, including for one-to-one care of children because they were afraid he might sue the organisation.
“FSG took no action to reduce the risk he may have posed to children in the care of FSG,” the findings say.
The Royal Commission found FSG had known about the allegations in 1995, but provided no meaningful support to Ms Welch and that the organisation “misrepresented its knowledge” of the complaint when it resurfaced in 1998 — the same year an FSG solicitor threatened the family with defamation action.
The Commission rejected the evidence of FSG co-ordinator Melissa Edwards, who described the 1995 complaint as a young person having a dislike for an alleged perpetrator.
Commissioners also found manager Dorothy Williams “minimised the seriousness of the complaint” in her signed statement.
Current management of FSG submitted there was no evidence to substantiate the allegations; that Bobbie was an unreliable source; that her mother “convinced herself” her daughter had been raped; that Ms Welch was “working from a script” and using the Royal Commission to air her grievances.
The company’s lawyers described the complaint as “a suspicion or based on a mother’s intuition” and it was “inappropriate” for FSG to conduct an investigation as the suspect had not been spoken to by police.
The Royal Commission rejected every part of the submission. “We are satisfied that Ms Welch conveyed to FSG a complaint of sexual abuse of sufficient particularity to be investigated.
“No reasons or basis was given for the submission that FSG management considered that Mr O’Connor should be treated as having committed no offence because he had not been spoken to by police. There is no reasonable basis for holding that view.”
The Commission heard the Welch family had met with FSG staff twice in 1998, when staff claimed in a file note that if they’d known in 1995 how serious it had been, they would have called police themselves.
The Commission found the file note was “false” as there was evidence “Ms Welch reported her complaint against Mr O’Connor to FSG within hours of the time that the abuse occurred”.
Horror story #2
Another mother said her daughter, who cannot speak but communicates through facial and body expressions, was very distressed after attending respite care at FSG’s Orana House in Southport in 2000. Her daughter disclosed oral sexual abuse using body actions.
The mother said she met with FSG manager Dorothy Williams and Ms Batten, who was then an assistant manager and described the meeting as a “jaw-droppingly bad” “interrogation”.
Under questioning, Ms Batten maintained FSG staff could not have abused the children and denied the meeting was an interrogation.
However the Commission accepted the mother’s recollection of the meeting, which was “clear and compelling”.
Commissioners said Ms Batten “exhibited poor capacity to understand the concerns” of the mother and “showed an unwillingness to accept that sexual abuse could arise at FSG at all”.
“The belief held by FSG’s current CEO, Ms Vikki Batten, that no one at FSG would harm a child is of concern,” their report said.
“Agencies responsible for overseeing FSG are encouraged to consider Ms Batten’s evidence before the Royal Commission.”
FSG receives almost $60 million a year in government funding to support children with disabilities and their families.
The commission heard, and accepted, that the second child’s mother had phoned Surfers Paradise police station and reported the abuse and was told someone would phone her back.
No-one ever phoned her back.
A serial paedophile has been jailed after the
sexual abuse of a young child
By jmidd
A Chatham man has been jailed for 13 years after sexually abusing a young child.
Under the terms of his sentence imposed by Judge Julian Smith yesterday (June 29), he will have to serve two thirds of his sentence before he is up for release and will be on licence for a further six years.
Judge Smith said it was clear Brand was a "danger to young children" and had taken "no responsibility" for his crimes against an extremely vulnerable child. He said: "You cannot be trusted to be left alone with any young children.
"The child was extremely vulnerable."
Brand, who formerly worked as a bus driver and a labourer gave no evidence at trial despite protesting his innocence. James Ross, who was defending Brand, said his client "knows full well he will go to prison for a long time". "What he does understand is that he must never be in a position again where he is left unsupervised with young children," he said.
He added Brand had been in a relationship with a woman for a number of years and she was dependent on him. Brand was her "carer" and she had a number of health issues, he was concerned she would become homeless if he was sent to prison.
Brand had a previous conviction for abusing a child of seven and a child of nine while he was a lodger in a pub in 1997. A sexual harm prevention order was also placed on Brand.
A spokesman for the NSPCC said: "Brand is a serial sexual predator who continues to pose a clear threat to young children."
"While he is behind bars the community is safe from his offending, but it's absolutely vital that Brand receives rehabilitation and treatment to minimise any further danger he poses when he is eventually released.
"His young victim has shown great bravery by giving evidence and helping bring her attacker to justice. We hope she is receiving all available support to overcome her experiences."
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