This weekend, we have the pleasure of the company of the lovely Jorgia for a few days, while her humans spend quality time together.
Here is a picture of Jorgia from our wedding – but her hair has grown, and she is nearly 2 years older now.
Jorgia is the one on the right, Charlotte is in the middle.
Last night we saw the new Harry Potter movie, and I thought it was a bit scary. Mark has bruises on his thigh from being grabbed, but it was fun.
You can’t take a camera phone into the Downing Centre Courts, so I had to check my phone at the door. And my embroidery scissors, and a small pen knife I had. No big deal.
But after court I went to meet my father for lunch at the Supreme Court – he was there as the Executor of George’s will, lodging some paperwork. Mum and I were meeting dad at the restuarant on the 14th floor for lunch. I expected that they would take my phone, so I surrendered it, only to be told it was ok.
BUT THEY TOOK MY KNITTING !!!!!!!!!!!!
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.
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.
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.
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.
No matter how vile the crime, I still believe that the death penalty is absolutely wrong. I am not really up to explaining why right now, but despite the fact that I would really like to see Brendan McMahon locked up for a very long time, I cannot imaging wanting him to die.
Van Nyguen is a young Australian who made some bad decisions. He did something criminal, stupid, and indefensible. But he doesn’t deserve to die.
Please take a moment to let the Government of Singapore know that the death penalty is barbaric, primitive, and cruel.
Neither Central nor Downing Street court have an appearance listed for tomorrow, nevertheless, I’ll be at Downing Center at 9am to see Brendan McMahon enter his plea. Of course I don’t know what will happen, but I fear that he will be given a non custodial sentence.
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.
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.
Disco Knitter 