More Shitty News

I had a difficult start to the week. Work has been pretty horrid, for reasons I can’t make public, and I came home on monday night (after finding that the Club Lard Auditors had made a 1kg mistake a few weeks ago – I am not doing as well as I thought), to find that Rhubarb and Grasshopper had escaped from the Palais du Bun, and gone on a rampage.

My birthday flowers had been eaten, the “cheer up” tulips from Mark had been knocked over, and the vase they were in ( a wedding present) aws in pieces on the floor. Bad Hare was desperate to try to get back home and pretend that it wasn’t him – Bad Bunny wanted dinner, and nipped me until he got it. I collapsed into bed, to find that it was somewhat damper, and more populated with bunny poo than I had left it in the morning. Yes, Rhubarb had paid a visit, and left a calling card.

I tried to remember that pooping on something that smells like me is a bunny compliment, and I shouldn’t be offended. But tuesday I was going back to court, for what I had hoped would be the final installment of the Brendan McMahon experience. Every trip to court has been confronting and awful, but I had been lead to believe that there was a very good chance that the 23rd would be the end of it, one way or another, and I felt a little more hopeful and positive. It may not be a great outcome, but it’s an outcome – and I can move on.

So on tuesday morning I met mum and the wonderful Jane outside the court, and we waited till 10.15 am for the court to become available.

The defence solicitor seemed pretty hopeless, the prosecution appeared much more competent and prepared. Unfortunately, the judge now has to make a judgemnt on an interpretaion of law. The defence wants McMahon to be considered insane – that he didn’t know what he was doing was wrong, but the state would prefer that the case was considered under section 11a of the crimes act. If you’re a law student, or a lawyer, and can point me at the relevant documents, I’d be grateful.

The long and the short of it – if the judge feels that the consideration of the “McNaughton Rule” (sp?) should come before section 11a of the crimes act, then the charges will be dismissed. Otherwise, there will be another court date for sentencing.

There is no appropriate punishment for this horiffic crime. I can only hope that once it is over, I can find a way to give the events of the past year some meaning.

And today, I learned that my dear friend Simone lost her cat Scooter overnight. He was eight years old, and healthy as can be until tuesday morning. He spent last night in an oxygen tent. He went into respiritory arrest and was revived 4 times, but they couldn’t save him. Please spare a thought for Simone, and her remaining cat, Maya, who doesn’t understand where her buddy has gone.

A Lovely Weekend

On saturday my parents came to help us get ready for the house inspection on wednesday. The housework has been a low priority whil I was ill, and now that I am recovering, it is still a low priority after getting myself to work, working a full day, and getting home. Recently I have started to cook again, but spare anergy for cleaning toilets has been thin on the ground.

After Mum and Dad left, we drove to Wisemands Ferry to visit Barry and Cath and to celebrate Barry’s 40th birthday. I met Barry because he had a bunny, Bunyip, and Bunyip has come to stay with me a few times over the years while Barry and Cath had holidays. Early this year Bunyip was diagnosed with a tumour, and about 3 weeks ago he went to the Rainbow Bridge.

Here is a picture of Barry and Bunyip that I took in January.


This is the view from our car as we crossed the river to Rivendell.

A Minor Win

Brendan McMahon’s application for his case to be considered under the Mental Health Act was denied today.

Judge Helen Symes found that while he met the criteria for consideration under section 32 of the act, she belived that the serious nature of the crime meant that the public interest would be best served by having the matter heard before the law.

McMahon has pleaded not guilty, and a date for a hearing will be set next thursday, the 23rd of December. The hearing will most likely take place in February or March of next year.

I must admit that I was not feeling hopeful that the courts would treat this matter with the serious consideration that I feel it deserves, and todays decision was somewhat of a relief. It is still very possible that he won’t receive a custodial sentence, but hearing the Magistrate use the words “protection of the public”, and “serious nature of the crime”, was a glimmer of hope in what has otherwise been a very bleak horizon.

Mental Health Hearing Tomorrow

He was locked up again for breaching bail. Apparently he moved house without informing the police.

He was due to go before a magistrate this afternoon, and I haven’t heard what happened, but he probably was released again.

Tomorrow is the mental health hearing. I expect that the judge will find that he was nuts when he broke the law, but perfectly sane now. He can’t go to prison because he was nuts, but he can’t go to hospital because he’s sane now.

I could be wrong, and he may get prison time, but it’s unlikely, and we need to be prepared for the worst.

Next Court Date

There will be a hearing under Section 32 of the Mental Health Act on the 16th of December.

The Sydney Morning Herald published a piece that referenced the psyche report that seemed ver sympathetic to McMahon, and I fear the courts will treat him similarly – after all, he only did it because he loves animals.

Bestiality Charge Dropped

Bestiality Charges Dropped

The Prosecutor and the defence are drinking buddies. Does that have anything to do with the charge being dropped ? Who knows. I am still trying to find out. I spoke to the prosecutor yesterday and heard that the bestiality charge was to be dropped, I can only guess that either they didn’t think they could get a conviction, or that there is something funny going on.

Though there is proof of a sexual connection, apparently there was no penetration, so it may make the charge difficult to prove. Mercifully I have not read the entire case file, and am unaware of exactly what the evidence against him is.

He is making an application to be considered to have diminished capacity under section 23 (or is it 32, it’s been a long day) of the mental health act. That means that the likelihood of him serving actual jail time is minimal.

If anyone has access to a criminal lawyer that has some insight into this process, I’d be really grateful for any information.

Ack….

Article from Sunday Telegraph

From The Sunday Telegraph, Sydney, 20/11/2005

So he was locked up again – and a judge saw fit to let him out. Apparently it’s really rare for an offender to be locked up for not showing up at the police station, so I suppose that the Police are being hyper vigilant with this guy. Bless them.

Unfortunately the magistrate at Parramatta Local Court isn’t quite so aware of what this man is capable of, and he is out again. Not sure about the court date being wednesday – if the reporter got his name wrong then there is a strong possibility that the date is wrng too.

More info as it comes to hand.

Court Appearance

I went to court again today – but by the time I got there, it was all over. Another adjournment, till the 24th of November for a plea.

Who knows what the plea will be, and what type of sentence he’ll get.

David King, the journo from The Australian, was there. He looked at me guiltily, and sped off. Hooray. I think I might be getting over it.

I still feel like the last year has been a test, and perhaps I am coming out the other side. Perhaps.