Scone Court Report: November 3-4

Filed in Recent News by November 4, 2016

THIS month there are two extra court days for the Scone Court, which were held today and yesterday.

A coronial inquest into the death of Timothy Morgan, who was killed last year when he was hit by a train, was scheduled to be heard however the advice of a forensic pharmacologist is first being sought to better explain the impact alcohol can have on the body and how this may have contributed to the death of Mr Morgan.

The family of Mr Morgan were present in the court and Magistrate Prowse said he recognised the inquest could cause the family pain, “it can be a bit like pulling a scab off a sore, because you are in the process of healing and now we will be taking the scab off and further pain can be caused.”

The family nodded in agreement as the Magistrate went on to say that the reason the investigation was to be so thorough was to try and ensure another family not go through the grief of losing a loved one in a similar circumstance.

He also outlined that the coronial system is not adversarial where two sides present arguments, rather it is a fact finding process whereby “the court brings everybody in and finds out what´s going on.”

The following matters came before the Scone Court this month:

CABAN, Gary John a 46 Year old from Willow Tree was found guilty of a charge of stalk/intimidate intend fear, physical harm etc. The offence occurred on August 18 at the Willow Tree roadhouse when Mr Cabin confronted Mr David Martin about payment for a broken window. Four years prior David Martin had mown a lawn and Mr Caban’s vehicle which was parked nearby had a broken window, resulting in a dispute over payment for the broken window. When Mr Cabin entered the roadhouse he admitted he was in an aggravated state. Mr Martin and his friend said Mr Caban threatened Mr Martin when he said if he met him in a park sometime that he would kill him. Mr Caban denied this and became agitated in court. Magistrate Prowse noted Mr Caban’s  demeanour and the evidence of the two witnesses and found Mr Caban guilty. Mr Caban received a section 9 bond to be of good behavior for a period of nine months.

HARDES, Malcolm Peter, a 43 year old from Scone appeared for sentencing on a charge of not display registration label and for hearing on another charge of drive behind other vehicle too closely to stop safely. The police witnesses from Penrith were not in attendance at the hearing and the charge was withdrawn by the police prosecutor. On the charge of not display registration label it was proved and dismissed.

REICHEL, Thomas Leslie a 24 year old from Parkville was in custody and appeared on charges including assault occasioning actual bodily harm, threaten to destroy/damage other persons property, stalk/intimidate intend fear physical etc harm and common assault. The matter was adjourned to Tamworth on November 16 pending a psychological assessment.

VESPER, Terrance Clyde a 46 year old from Swansea appeared for hearing on 13 matters related to possession and storage of firearm offences at a Nundle property previously owned by his now deceased father. The firearms were found in a shipping container when his daughter and partner moved in. Magistrate Prowse dismissed all charges when it was established that at least six other people had access to the property and therefore exclusive possession could not be established. The weapons were ordered to be destroyed.

WINOTO Sumarlinah, ROGERS Anisa and KREMAR James  appeared for sentencing  in relation to charges of go into running railway lines, cause obstruction to railway locomotive or rolling stock and resist or hinder police after protesting near Willow Tree by climbing onto a locomotive of a coal train. Ms Rogers a 24yo of Melbourne and Ms Winoto a 21yo from Chatswood also appeared to have matters of behave in offensive manner in a public place heard.  All three parties pled guilty to obstructing the railway but the other charges were withdrawn by the prosecutor when it was shown that the brief of evidence was not served to the accused parties on time.  All three were sentenced under section 10 and to be of good behavior for nine months.

The matters of behaving in an offensive manner were initially dealt with by an infringement notice issued by police. Ms Winoto and Ms Rogers elected to have the matter heard in court. Police alleged both females had urinated from the train in view of the highway but behind an obstacle held by Mr Kremar to shield the view of nearby police.  Mr Kremar had previously urinated from the train but not towards the highway and was not issued with an infringement notice. The females admitted they urinated but used what they described as a “shewee”. Magistrate Prowse confused and the witnessed offered to draw the device, which he accepted. They had cut a plastic bottle at an angle so that it could be used standing up like a funnel.  Both females explained how the “shewee” could be used by simply loosening their pants, without having to lower them. Magistrate Prowse noted that when Mr Kremar urinated the police had not found it offensive, therefore Ms Roger’s and Ms Winoto’s should not be considered offensive either and he dismissed the charges.

Read: Previous Court Reports.

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