Showing posts with label Yamba "riot". Show all posts
Showing posts with label Yamba "riot". Show all posts

Saturday 31 May 2014

The McNeill's publish a court-ordered apology to NSW Police


An apology which was long overdue.......


Even if this apology was hidden away on Page 41 of a 48-page issue of The Daily Examiner on 31 May 2014.


Page One of The Daily Examiner on 15 May 2014:

THE family at the centre of the infamous so-called Yamba riot will be forced to publicly apologise to the NSW Police Force after a claim for damages backfired and exposed a sinister plot to damage the reputation of local officers.
Craigh McNeill, his wife Maxine and their two children Dylan and Codie will foot their own legal costs and take out two newspaper advertisements to say sorry to officers who were pelted with bricks the night a squad car was torched at a teenage party.
The McNeills had claimed police were trespassing the night hell broke loose at the Yamba Industrial Estate and that several of those arrested were victims of police brutality and reputational damage.
But just days into what was expected to be a lengthy trial, an embarrassing stint in the witness box left Mr McNeill and his family with little choice but to withdraw.
Coffs/Clarence Superintendent Mark Holahan said yesterday police had, from the beginning, agreed that they would "fight the case to the end" and despite years of setbacks, justice had finally prevailed.
"Let the games begin".
With those words, Craigh McNeill launched an attack on police which would have ramifications for years to come.
The arrest of the Yamba father, his son Dylan and several of his children's teenage friends on Valentine's Day, 2010 made headlines and shocked the local community but it would be another four years before the real court battle began.
Following a decision in the local court, all those arrested were acquitted and Mr McNeill and his family hatched a plan to sue the NSW Police Force for damages.
But when their day in court finally came, things didn't go to plan.
Mr McNeill had claimed that he had tried to extinguish the fire with a bucket of water but a video played in court showed that the contents of the bucket appeared to have caused the fire to flare, not go out.
He said he had tried to calm the revellers down and stop them from being destructive but the court heard that out of the 107 people who gave statements to police after the party, not one could recall Mr McNeill asking them to stop what they were doing.
In the statement of claim, Dylan alleged police had told him he was "going to be raped" at Grafton Jail.
In the early stages of his evidence, Mr McNeill denied having any conversation with his former co-accused about his plan to sue the police.
A recording played in court revealed Codie's boyfriend Robert "Robdug" Harvey can be heard saying to another "Craigh says, 'Just pretend you got raped ... you'll get an extra 100 grand on there'."
Asked why he would have given that advice, Mr McNeill replied he had only said it "as a joke".
The case was suddenly adjourned on Monday for legal argument and on Tuesday morning the McNeills confirmed they would not be pursuing the case……

Background




Thursday 24 May 2012

Daily Examiner's leading opinion piece contains errors of fact


Without commenting on the merit or otherwise of the damages claims a number of persons have launched against the State of NSW in relation to the so-called 2010 Valentines Day Yamba riot, it needs to be pointed out that the local newspaper, The Daily Examiner, has started things off rather poorly with an opinion piece in today's paper. Written by Tim Howard, the piece contains errors that should be corrected.


According to Howard, the criminal trials were conducted "last year".
Wrong - the trials commenced in 2010 and concluded in 2011.

Also, according to Howard, the trials involved "a judge and his associate, the police prosecutors, eight barristers and two solicitors".
Again, wrong - the trials were conducted in the local court before a magistrate who did not have assistance of an associate. The adult defendants were represented directly by seven barristers and three solicitors. A fourth solicitor appeared as an instructing solicitor for two of the barristers.

Elsewhere in today's paper, Howard has a piece "Damages claims over riot arrests" where he wrote:

"Coffs Clarence patrol commander Superintendent Mark Holahan said he was aware a number of people were taking action against the police force.

He said, as the matters were the subject of legal proceedings, it would be inappropriate for him to comment on them.

He said court was the best place for these matters to be dealt with."

Perhaps Howard should take the Superintendent's advice. Otherwise, Howard and the paper may have to answer to a case or two of their own.

Source: The Daily Examiner, 24/5/12

Wednesday 1 June 2011

Clarence MP performs somersault

The Member for Clarence Steve Cansdell has had to eat his words. Today's Daily Examiner reports on its front page that Cansdell has been forced to make a public apology in relation to comments he made about people acquitted  in the Yamba "riot" trial.


Source: The Daily Examiner, 1/6/2011

Monday 23 May 2011

Perhaps Clarence MP should change his sources


The gauntlet has been thrown down in the direction of Steve Cansdell, the Member for Clarence.

Last week Cansdell was reported to have said, "As I'm told, the magistrate said these guys dodged a bullet."
(The Daily Examiner, 17/5/11)

Cansdell made that remark when he said he wasn't surprised that charges against juveniles who were alleged to have participated in the Yamba "riot" were dropped after the adults charged were found not guilty.
Solicitor Mark Spagnolo, who advised barristers representing two acquitted adults and three acquitted juveniles charged over their part in the incident, said Mr Cansdell’s comments were ill-informed and relied on hearsay. (The Daily Examiner, 23/5/11)

Mr Spagnolo said comments made by Mr Cansdell in the story about the youths’ riot charges dropped (The Daily Examiner, May 17), that he was told the magistrate said the accused dodged a bullet, were completely false.



NCV has been very reliably informed that a reading of the trial's transcript will show it was the police prosecutor who said something about "escaping a bullet" and it was made in relation to one (singular) of the defendants, not the group collectively.

Sources: The Daily Examiner, 17/5/11 and 23/5/11