Court in the Act

On August 2, the Linda Reynolds and Brittany Higgins defamation trial will begin in WA’s Supreme Court. Senator Reynolds is suing Higgins over a series of social media posts she claims were part of a deliberate attempt to ruin her career and reputation. Higgins argues the posts were justified, given how Senator Reynolds treated the junior staffer.  Both women have something to prove and everything to lose. Reynolds has remortgaged her home to cover the enormous legal costs, and Higgins has been forced to sell her home in France to fund her defence.  With careers, reputations and houses on the line, the stakes couldn’t be higher. Joining Tim on Court In The Act is former Supreme Court Judge Kenneth Martin. Together they walk through the events leading up to the trial and reflect on why the majority of defamation cases never make it this far. See omnystudio.com/listener for privacy information.

How’s about this for a guest list?  The Chief Justice of Western Australia. The Attorney General of Western Australia. The former DPP of Western Australia, turned Supreme Court judge.  Two of the richest people in Australia. The former chairman of the West Coast Eagles. More lawyers. More judges. Former judges.   You would think that only the most pressing and potentially career defining legal issue would command such an audience – after business hours no less.  But last week, this gathering of Perth’s lawful Illuminati did not take place in a court, or in an office, but in a theatre.  The Heath Ledger Theatre – to witness the premier of the Black Swan State Theatre Company’s production of Prima Facie.   A legal drama, created by playwright Suzie Miller, which has not only taken the theatre world by storm for years.  But has also actually helped shift legal thinking and teaching, on the everlong debate surrounding sexual assault, consent – and how those issues are dealt with within the courtroom.  Joining Tim on Court in the Act this week to discuss the production, the reaction – and the legacy – is Kate Champion, the director of Perth’s production of Prima Facie. See omnystudio.com/listener for privacy information.

A decade since Amy Wensley’s suspicious death, her family are no closer to answers.  The mother of two little girls was found in her bedroom with a fatal gunshot wound to the head. Despite first responders’ suspicions, within one-hour detectives deemed Amy’s death a suicide. What Police did - or didn’t do - in those crucial first hours have been the subject of intense scrutiny. Joining Tim on Court in the Act is Anna Davey, Amy’s Aunt.  Together they step through the tragic days and hours leading up to Amy’s death and the real reason they can’t accept the Police case.See omnystudio.com/listener for privacy information.

Thirty years ago this coming weekend, The Sunday Times fully exposed paedophile priest Reverend Michael Roderick Painter for the first time.  Painter had been an Anglican priest in Perth and beyond since the early 60s.   He was revered for his charisma and charm, his pastoral skill, his common touch, and was adored by his parishioners and fellow clergy alike.  So much so that when it emerged that he had been accused of – and then admitted – sexually abusing a 16 year-old boy, his church elders could seemingly not do enough to support him.  Until he ended his own life on the same day as his name appeared on the front page, in June 1994.  Despite being a self-confessed paedophile, Archbishop Peter Carnley led a public outcry against the newspaper, for their “exaggerated distortions” in reporting the court outcome.  He clearly claimed the reporting had contributed to Painter’s suicide.   Three decades on from that report, another article will appear in The Sunday Times this weekend about Reverend Michael Painter.  It will reveal that finally, the Anglican Church has now finally admitted that Painter was not just a “fleeting” offender – he was the most prolific paedophile priest WA’s Anglican church has ever had.  But it will also show that despite their own admissions, the church is still fighting his victims every step of the way. See omnystudio.com/listener for privacy information.

Who, how and why.  Put brutally, those are the three questions a coroner has to answer when investigating a death.   Seemingly simple questions. But sometimes so hard to answer. Sometimes impossible.  In the coming weeks and months in Western Australia, headlines will be writ large about inquests set to be held.  Cleveland Dodd – the young man who died by his own hand in the custody of WA’s Department of Justice.  JC – the young indigenous mother shot by a police officer in Geraldton.  And Lisa Govan – the young woman last seen outside a Kalgoorlie bikie den in 1999. And then never seen again.  All inquiries which all the families involved hope will provide some answers, some truth out of death.  Joining Tim on Court in the Act is Noor Blumer – director of Blumer’s lawyers whose practitioners are well practised in representing those hoping for answers out of an inquest. See omnystudio.com/listener for privacy information.

On a quiet and idyllic street in the leafy suburb of Floreat, in Western Australia, the actions of a man intent on revenge, sent shockwaves throughout the small community and beyond. Mark Bombara had been searching for his estranged wife, instead he found her best friend Jennifer Petelczyc, 59 and daughter Gretl, 18, fatally shooting them both, before turning the gun on himself. A senseless, brutal and cowardly act, which Bombara’s daughter Ariel, says was entirely preventable.  Days after the horrifying triple murder-suicide, Ariel gave a television interview claiming they’d feared for their lives, not only warning police about his behaviour but also about Bombara’s cache of guns. Arial Bombara also described the harrowing events that culminated in yet another act of domestic violence. In this episode Tim is joined by Family law advocate Nicola Jansen from O’Sullivan Davies Lawyers to discuss why men’s violence towards women keeps happening, why laws are failing to protect them and how the process of obtaining Violence Restraining Orders could be changed.See omnystudio.com/listener for privacy information.

Serial stalker Kobi Jane Langshaw, whose obsessive contact with two men had chilling similarities with the Netflix smash-hit Baby Reindeer, has been banned for life from ever contacting her latest victims again. This is the TRUE story of a case that has eerie similarities to the Netflix smash hit. Like Martha, Kobi Jane Langshaw had a background in the law, presented as affable, intelligent, and professional.  Also like Martha, her obsessions, compulsions and delusions ravaged lives – and led to a stalker being slowly but surely exposed.  The trial played out in WA’s Court, with the Magistrate stating “She is a highly intelligent woman, and she is skilled at lying to take advantage of others.  It is clear that she uses charm to manipulate others for personal gain. She holds a sense of superiority, and is very opinionated. When challenged, she becomes hostile, but can instantly switch back to being sweet and unassuming.” In this episode Tim is joined by clinical and psychologist Professor Troy McEwan, from Swinburne University of Technology to discuss what constitutes stalking. With 400 000 registered cases of stalking in Australia in just one year, they examine who stalkers are, and why their victims often must leap through hurdles to be taken seriously.See omnystudio.com/listener for privacy information.

In December 2020 one WA’s most fearsome bikie heavyweights was assassinated in front of hundreds of people at the Kwinana Motorplex, sparking an unprecedented response from both police and politicians.  Taskforce Ravello smashed in doors, raided properties, locked up people in the hunt for Martin’s killer.  Meanwhile, Martins lavish and at times bizarre funeral was livestreamed as a procession of bikies followed behind the casket. In this episode Tim is joined by Chief Reporter Ben Harvey, as they outline the events that led to the arrest of the Sniper, and another man, nicknamed The Baker, the alleged mastermind behind the killing. Now in another bizarre twist the case is back before the courts, with Nick Martin’s widow lodging a claim for damages – against the State of Western Australia, and the shooter.  Incredibly, the Sniper whose identity is suppressed made an extraordinary court appearance, claiming he doesn’t care who knows his name, despite being a marked man. For all the latest on courts and crime visit thewest.com.au. If you have a question for the team or cases you'd like explored, please get in touch. Email [email protected] omnystudio.com/listener for privacy information.

This month, Donald J Trump became the first president, present or former, to face a criminal trial in the United States. And the allegation was that he, and his minions, along with the National Enquirer “orchestrated a criminal scheme to corrupt the 2016 election”.  A scheme involving a porn star, a publisher called Pecker, and an Australian sports reporter turned gossip king.  Joining us to break down the case of THE PEOPLE OF THE STATE OF NEW YORK against DONALD J. TRUMP, is Associate Professor David Smith from the United States Studies Centre at the University of Sydney.  Judge Juan Merchan has reprimanded the former President for his outspoken commentary about the trial, even fining the 2024 presidential candidate $900 for repeated breaches of a gag order.  The Judge even hinted at prison if he was to continue. However, in this episode we outline the logistical, legal and political reasons Donald Trump will NEVER go to jail. For all the latest on courts and crime visit thewest.com.au. If you have a question for the team or cases you'd like explored, please get in touch. Email [email protected] omnystudio.com/listener for privacy information.

It began with a man, and then a boy.  The massacre at Bondi Junction. And the stabbing of a bishop during a Wakeley church service.  Both horrific actions were captured in real time, and the images of the knife, of the death, the horror the shock and the grief, then broadcast to the world.  The mainstream media showed what they needed to amid the strict controls which govern what can be shown by an Australian media company.  On social media – no such control.    Australia’s e-safety commissioner stood up and called for those images - to be taken down. X, formerly known as Twitter, refused.  Dr Dana McKay, Associate Dean of Interaction, Technology and Information in the School of Computing Technologies at RMIT University joins host Tim Clarke to walk through the Government vs Goliath legal battle currently playing out in the Federal Court. For all the latest on courts and crime visit thewest.com.au. If you have a question for the team or cases you'd like explored, please get in touch. Email [email protected] See omnystudio.com/listener for privacy information.