It was also accepted that, in order to be admissible, propensity evidence must possess a strong degree of probative force or the probative force of the evidence must clearly transcend the prejudicial effect of mere criminality or propensity. But where the appellant spoke voluntarily with Quinn, in part to advance his own interests as he saw things, and expecting at least some of the information to be passed on to the police, the prosecution was in my view entitled to use the incriminating material which emerged in proof of these extremely serious charges. Menu On April 22, 1999, 9-year-old Keyra Steinhardt disappeared when she was taking a shortcut through a vacant lot on her way home from school. Fraser is already serving an indefinite sentence for the rape and murder of nine-year-old Rockhampton schoolgirl Keyra Steinhardt on April 22, 1999. . On 21 April 1999, the appellant was told by someone that the Queenslander Hotel was being demolished. The arguably distinctive aspect of this phase arose on 12 January 2001, when Quinn told the appellant that if the appellant gave him all of the details of the missing women, he, Quinn, could devise a plan to blame someone else. Between 1885 and 1894, she poisoned and killed five people. This was the genesis of the plan which was devised between them that the appellant would dictate a confessional letter containing information which only the murderer would know; that Quinn would have it smuggled out of the prison; and that arrangements would be made for it to be distributed to various media outlets as a letter from the real murderer, Squeaky. "I already had my first child (but) I couldnt fully enjoy my daughter because my first thought was 'I am going to have to protect you now until he dies, youre not safe either'. The fact that the evidence had been admitted at a time when Natasha Ryan was still believed to have been a victim does not in my view falsify this conclusion notwithstanding the arguments pressed in that regard by the appellant. "Nothing else made sense. (1998) 192 CLR 159. Detectives get a once-in-a-lifetime break in the case and have their prime suspect in custody just hours later. It was said that this falsified the basis of admission since it was obvious that there was not a credible case that Ms Ryan was dead. Particular reliance was placed on the fact that four females had been attacked in the Rockhampton area within the period of four months in the circumstances pointing in each case to a sexual motivation for the attack. In this phase, from 1 January 2001, the appellant was plainly not exercising his right not to answer questions from the police in relation to the alleged murders. Indeed the only evidence on this question, that of Detective O'Keefe, was to the contrary. Steinhardt was a child abducted in broad daylight with witnesses. Whether or not Quinn's conduct in deceiving the appellant may properly be described as impropriety, it was not impropriety by the police or by a person acting as their agent. The written material began with these paragraphs: It may be noted that during this phase, the appellant was regularly speaking with the police. Readers accustomed to dispassionate, objective reporting may have difficulty with the emotional and incredulous tone that pervades Doneman's writing. : On 9 May 2003 a jury in the Supreme Court convicted the appellant of three offences: the manslaughter of Julie Dawn Turner at Rockhampton on or about 28 December 1998 (he was acquitted of her murder); the murder of Beverley Leggo at Rockhampton between 25 February 1999 and 31 March 1999; and the murder of Sylvia Benedetti at Rockhampton between 16 April 1999 and 22 April 1999. In the meantime the appellant told Quinn on 3 January 2001 what he was saying to the police; that he had a debt to someone of $10,000 and that he went for a drive to get rid of "something" to clear the debt. It is important however to note that the police had no directing involvement in any of this. However I would not be prepared to accept that, in considering the exercise of this discretion, Quinn was a police agent for the purpose of deceitfully eliciting incriminating confessions from the appellant merely because the police had encouraged him to pass on any relevant admissions which the appellant made to him. The respondent supported admissibility on the basis of. However the real complaint appears to be that the police officer used Quinn as the means by which agreement was obtained. Although, he'd previously served time for rape, Fraser first achieved notoriety after he snatched 9-year-old Keyra Steinhardt from a Rockhampton street in April 1999. The difficulty in this appeal, as his Honour has recognized in his reasons, lies in the admission of the evidence of exchanges between the appellant and Quinn during phase 4 which was from 29 December 2000 to 12 July 2001. "I was devastated hearing of Keyras murder. 149 exhibits, 100 witnesses, 150 photos . The appellant was familiar with that area. On 10 April 1999, the appellant took Elizabeth Green and her 13 year old daughter to Nankin Creek for a swim, to an area less than 20 metres from where Ms Leggos remains were found. He gave information consistent with the injuries found on Ms Benedettis head, a degree of violence consistent with the distribution of blood in the disused hotel and identifying where a towel used to wipe up the blood and the victims clothing could be found. Sure, divorce records prove you're divorced, but they're crucial (and often required) for several legal transactionsmost notably, changing your name. The first point which should be made here is that there could be no doubt about the reliability of this evidence. Although the precise cause of death could not be established, death was consistent with her throat having been cut. On the contrary, he was speaking freely to police, indeed at his request, but he was telling them that he had disposed of the bodies for Squeaky, thereby implying that it was Squeaky who had committed the murders. Finally, later in January 2001 and again in March 2001, the appellant spoke of knocking Ms Leggo out at the swimming hole and pulling the panties tightly around her neck. Although he knows little about Keyra except through photographs and pictures, he feels a connection. It is not suggested the relevant statements made by the appellant were not potentially incriminating. Keyra's body was later found near the Rockhampton racecourse. With investigations being so drawn out by her being classed as a missing person for so long, then the investigation stages of a homicide, it really did take its toll on me and my ability to function properly as a person let alone as a young parent," Elder said. Please select (using the checkboxes) which search results you would like to add to a list. . Despite his history of juvenile offenses and his frequent sexual assaults, he was given short prison sentence, paroled early and permitted by lax regulations to rape and murder the minute he was released from prison. "I thought I am going to face the devil and I am going to let him stay," she said. The appellant agreed. From 15 July 1999, Quinn commenced making notes of the conversations. Keyra's murder helped expose Fraser as a serial killer. Each of the questions formulated in. Quinn approached the police and agreed to pass on what the appellant was telling him. There is no doubt the information was discreditable to the appellant, and one could not be confident that had it been excluded, the convictions would still have followed. Ms Benedettis skeletal remains were found, partly buried in sand, east of Rockhampton with severe injuries to the left side of the face consistent with her having been struck a number of times. Rigby said her mother was devastated upon learning of Frasers actions and secret past. The details set out were that the appellant had advised an informant that he was agreeable to travel to Rockhampton with investigating detectives and participate and assist detectives in the location of burial sites. He suggested that the police must be given information that they did not already know. what to say when someone says good morning sunshine. Then in January 2001, while contending the murderer was Squeaky, the appellant claimed Ms Leggo was strangled with her panties, he indicated the location of her clothes near the boat ramp, and he referred to knickers being around her neck. Julie Turner, who was 39 years of age, was killed in the early morning of Monday 28 December 1998. On April 22, 1999, Keyra was killed by Leonard John Fraser while she was walking home from school in North Rockhampton. During this conversation he said that he dumped the bodies of Benedetti, Turner, Leggo and Steinhardt but said that he was getting paid for doing the dumping and that they should investigate a person called "Squeaky". In his interviews with the police, the appellant claimed that he had lent his car to the person Squeaky, and that Squeaky had possession of the vehicle at the time of the attack on Ms Steinhardt. Balancing relevant features, the Crown was in my view properly permitted to lead that evidence. punky color diamondista before and after. Substantially for the reasons which I discussed when dealing with the question of fairness I do not think that the answer to this question can be in the affirmative. "I had to have a pattern and a routine at that time," Treasa says. Quinn had simply informed the police that the appellant was talking to him and the police simply advised him that they would receive any information passed on to them. The circumstance that Quinn in that way duped the appellant should not have led to the exclusion of this relevant and incriminating material. It is in this context that we come to phase 4. It was an Autumn afternoon, on April 22, 1999, when nine-year-old Keyra Steinhardt left her primary school and began the short walk home. They also believed that Fraser knew about the disappearances of three other women who had gone missing . Fraser at the time was serving an indefinite sentence for the 1999 rape and murder of nine-year-old Keyra Steinhardt, who he abducted as she walked home from a north Rockhampton school. Mr Rutledge helpfully grouped the relevant disclosures into chronological phases. An eye witness to the abduction told police that she saw a man catch up with the little girl and hit her from behind in the head area. 1 (September 2000) 3 representations of regional identity available for their audience and reader and in turn how readers themselves enter into the 'flow' of media discourse in the form of self-representations" (Mules, Schirato & Wigman, 1995: 241). By Dennis Romero / Americas - USA, Canada, South America. To Quinn, the appellant made various incriminating statements. But it was not disputed that, after the original discussion between Foley and Juric with respect to a false alibi, the police officer was told of this discussion and instructed Foley to pursue it which he did. The next relevant conversation between the appellant and Quinn was on 12 January 2001. The cause of death was head injuries. He provided maps which accurately identified the location of the bodies of Ms Leggo, Ms Benedetti and Ms Turner. One of his first (controlling) comments to Detective Hickey was: Just shut up and do as youre told. The appellant directed the police to the locations at Nankin Creek and Kinka Beach where the remains of Ms Leggo and Ms Turner were found. . "Lone females in a public place, as is present in this case, were compelled by force and threats to go to a place where the risk of disturbance was less," Justice Mackenzie said. The criteria for granting an order are that the Magistrate is satisfied that the removal of a person into the custody of a police officer is reasonably necessary for questioning the person about the offence or the investigation of the offence (s 232). Transformations, No. For example, he disclosed where the remains of the bodies of the victims could be found, that a ligature would be found around Beverley Leggos throat and the location of some of Julie Turners clothing. In. It is true that Keyra Steinhardt was murdered in the mid-afternoon and that there was no evidence that she knew or had met the appellant prior to her death. The appellant repeated the theme that he wanted Quinns help to get him into the John Oxley Memorial Hospital, saying that he wanted to get everything out of the way. The little girl's death led to the capture of Fraser and the discovery the man was responsible for the murder of four women. Apart from her jumper which was over her head and her upper body there was no clothing on her body. Police believed that Fraser had also murdered another schoolgirl, 14-year-old Natasha Ryan, on 2 September 1998. Quinn advised that the appellant said he wanted to talk about serial killings. In my view, there is nothing suggesting that the appellants will was overborne. Further each victim had been violently killed. hvort einhver arfa opin port eru til staar ea hvort einhverjar reltar ea ekktar jnustur su a keyra. In those conversations, the appellant gave two incriminating, although contrasting, accounts of his involvement in this killing. The Crown case was based in part on the appellants statements to Quinn. She was wearing her school uniform. A person with that nickname and the surname nominated by the appellant had been called at that trial, as he was at the present trial, and gave evidence that he was not in Rockhampton during the relevant period. He participated actively in locating the bodies and speaking about various aspects of events. "I just waited," Connor says of his mother's absence. In this period the appellant told Quinn that he wished to have his help to be placed in John Oxley Hospital. "I was not there when it happened and I do not support violence because I personally know what it feels like to lose a loved one by someone elses hands. However, it was not policy for NSW parole authorities to seek extradition. Natasha Ryan leaves court with her legal representatives. She had a ligature made of her pants and brassiere tied around her neck. He repeated and elaborated somewhat on these statements in later conversations with Detective Hickey on 29 January, 12 February, 22 February, 28 February and 12. Hers was a case of abduction in daylight hours; she was a nine year old child, whereas the other victims were adults; by contrast with the others, Ms Steinhardt was previously a stranger to the appellant; and a knife was used on Ms Steinhardt. [1991] 3 SCR 595 at 611 - 612; a case relied on in other respects by the court in, Defendant found guilty by jury of one count of manslaughter and two counts of murder, Defendant appealed against conviction; whether admissions to police informant should have been excluded; whether evidence of prior conviction should have been admitted as propensity or similar fact evidence; appeal dismissed: de Jersey CJ, Davies JA and Mackenzie J, Defendant applied for special leave to appeal against [2004] QCA 92; application refused: Gummow and Heydon JJ. Glenys' body was found in December - that same month, Neil was arrested after a six-hour siege at Beachport. During those conversations, the appellant said things about the killings which only the person responsible could have known. There was no clothing on the body. File photo of nine-year-old Keyra Steinhardt from Rockhampton in central Qld. On one view, that lent significance to the deception he worked upon the appellant. The best scenario she could think of was to leave her son with his father, the healthy parent who could look after him, and go and find herself. He was actively engaging in a course of deception designed to distract attention from himself. Julie Turner (left). The appellant had made admissions concerning her death as well, but her body obviously was not discoverable. "Every night, I would push my wardrobe against the door and sleep with my dog in the bedroom," Missy Rigby told 7NEWS in an exclusive interview. During her time away, Treasa spent a year in Canada where she came across two children and she took them under wing. She failed to return an hour later, as she had been requested to do. To that end, he supplied Quinn with maps which he obviously intended should go to the police, some of which accurately showed where the bodies were located. He was Dad," she said. Thereafter from time to time Quinn passed on information to police which he had received from the appellant. Ms Steinhardt and her son, Connor, 21, now share a close bond, but it was not always like this. "I didnt know who he was at that point in time, because he was just a dad. Now a mother of four, life took another brutal turn in 2016 for Elder when her oldest son Jess was charged with manslaughter and jailed last year for 10 years. The starting point for a discussion of the law on these questions must now be. In 2003, Fraser received an indefinite life sentence for Keyras murder and, two years later, was jailed for three indefinite life sentences for the manslaughter of Julie Turner, and the murders of Beverley Leggo and Sylvia Benedetti. It is apparent from what was said in the application that the appellant had not been asked directly by the police officer about his willingness to go to Rockhampton. Ms Leggos skeletal remains were located on 21 December 2000, lying on the ground, covered by lantana, in bushland at Nankin Creek. Separate reasons for judgment of each member of the Court, each concurring as to the order made, EVIDENCE ADMISSIBILITY AND RELEVANCY IN GENERAL EVIDENCE UNLAWFULLY OR IRREGULARY OBTAINED where appellant convicted of one count of manslaughter and two counts of murder where appellant made statements and admissions to a witness who was helping police - whether the evidence of a witness as to statements made by the appellant should have been excluded because of the methods used to obtain the evidence whether the trial Judge should have admitted evidence obtained from the appellant while in the custody of police pursuant to an order under the Police Powers and Responsibilities Act 2000, EVIDENCE ADMISSIBILITY AND RELEVANCY SIMILAR FACTS IN GENERAL RELEVANT PRINCIPLES whether evidence of the appellants previous conviction of murder should have been admitted as propensity or similar fact evidence, Criminal Law Amendment Act 1894 (Qld), s 10, Police Powers and Responsibilities Act 2000 (Qld), s 230, s 233, Bunning v Cross (1978) 141 CLR 54, distinguished, McDermott v R (1948) 76 CLR 501, considered, R v O'Keefe [2000] 1 Qd R 564; [1999] QCA 50, CA No 332 of 1998, 5 March 1999, considered, R v Swaffield; Pavic v R (1998) 192 CLR 159, considered, Director of Public Prosecutions (Queensland) for the respondent. "I remember the big fuss of going shopping for something nice to wear. The new information was that Ms Leggo was strangled with her own black panties (black panties were found around her neck at post mortem); the location of Ms Turners brown sandals (a sandal matching Ms Turners was found there); and a description of the clothing she was wearing (a similar bra was located); that Ms Benedetti was hit on the left side of her head (left-side head injuries were confirmed at post mortem), that the towel used to clean up the blood was placed in a hole in the wall (and was located there), and that her clothing was placed in an old refrigerator lift lid freezer (verified). None of the other charges relate to such facts. She never let on to Connor just how far she had slipped into darkness. He was jailed for the abduction and murder of nine-year-old Rockhampton girl Keyra Steinhardt in 1999.
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