CRIME RECAP: 36 of 2019’s biggest court cases
AS THE region’s courts open their doors again today, we look back on the busy year that was 2019 with the major matters.
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AS THE region’s courts open their doors again today, we look back on the busy year that was 2019.
A total of 13 matters before the region’s courts last year have involved a crime, or alleged crime, in which a life has been lost.
Many others have involved allegations of serious acts of violence.
Among other things, we have also seen a mother convicted over senseless actions that led to a destructive bushfire, a Lennox Head man found guilty of a surf assault upon a former pro surfer and a “cult” leader ordered to pay costs to the woman he unsuccessfully sued for defamation.
Below are some of the most significant cases before our courts in 2019:
FINALISED/GUILTY:
1. Fatal punch
FOR fatally assaulting a Byron Bay DJ on Christmas night 2017, Javen O’Neill was sent to eight years and three months’ prison in April.
O’Neill will be eligible for parole from August 2023.
He’d pleaded guilty to the manslaughter of 28-year-olf Christopher Bradley after punching him three times as a house party.
2. Shooting death
PHILLIP Becker, 35, was sentenced to nine years behind bars in September.
He had earlier this year pleaded guilty to the manslaughter, by way of excessive self-defence, of 31-year-old Ace Hall, who died of a gunshot wound at The Tweed Hospital on June 24, 2017.
Mr Hall was left outside the hospital after Becker shot him as he sat in the driver’s seat of a car on Machinery Drive in Tweed Heads the same day.
Becker is facing a non-parole period of seven years and three months – which ends in September 2024 – for what Justice Richard Button described as a “fatal act of wanton public violence”.
Becker and Mr Hall were both involved in criminal activities.
3. River crash
THE jury in his murder trial was due to be empanelled shortly before Edward Kenneth Lord pleaded guilty to manslaughter over the death of his wife, Michele.
Lord, 55, from Bonogin in Queensland, drove his car into the Tweed River near Tumbulgum in October, 2015, and his wife was taken to hospital but died two days later.
He is due to face a sentencing hearing in Sydney on February 13.
4. Driver sentenced
CASINO woman Courteney Pearl Matthews was sentenced on April 18 over the horrific December 18, 2015 crash that killed a four-year-old girl.
Matthews, 21, received a community corrections order and was ordered to complete 300 hours of community service for dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm over the crash that killed Elle Underhill.
She was babysitting Elle at the time of the crash and had pleaded guilty to the charges.
Magistrate Maiden described the case as “very difficult”.
5. Motorbike fatal
ALSTONVILLE woman Krystyl Sloan-Rummery, 34, received a nine-month intensive corrections order and was disqualified from driving for three years in June.
This followed her plea of guilty to negligent driving occasioning death over the August 20, 2018 crash that killed 39-year-old motorcyclist Jeremy Plooy.
Mr Plooy had been travelling east on the Bruxner Hwy when Sloan-Rummery entered from Ballina Rd at Alstonville, colliding with him.
He died at the scene.
6. Tabulam fire
TABULAM mother of eight Natasha Spiller, 40, received an 18-month intensive corrections order and 100 hours’ community service for a fire that destroyed 18 homes and burnt 7500ha in February.
She was due to face a hearing for a more serious charge in September when she pleaded guilty to permitting fire to escape her land, causing damage.
The court heard Spiller had no ill-intent and had immediately shown remorse for her actions.
7. Rapist jailed
AN 18-year-old man will spend years behind bars after he violently raped a woman after breaking into her Lismore home in December, 2017.
Aged almost 17 at the time of the offence, he was sentenced in March to 10 years’ prison before Lismore District Court.
He won’t be eligible for parole until June 19, 2024.
He will be in juvenile detention until he’s 21 years old.
8. Beach attack
COFFS Harbour man Zane Rowe, 33, raped and threatened a woman on a student visa at Belongil Beach in Tyagarah.
Rowe was sentenced on February 1 after pleading guilty to six counts of aggravated sexual assault, committing an act of indecency and destroying or damaging property.
He received nine years and nine months’ prison and won’t be eligible for parole until March 15, 2024.
In her sentencing remarks, Judge Julia Baly praised the way the woman, visiting Australia from a European country, with the “terrifying” ordeal, convincing Rowe to walk with her until she could seek help, also managing to have him caught on CCTV.
9. Servo robbery
FIVE men were sentenced this year for their parts in a robbery of the Liberty service station on Centre St, Casino on March 25 last year.
Denzel Walker, 21, received seven years’ prison, including a four year non-parole period, for armed robbery.
Tyrone Timothy Williams, 24, and Leonard Charles Langford Baker, 46, received five years and eight months’ prison – with their non-parole periods ending in November and August 2021 respectively – for robbery while Tyler Samuel Williams, 30m received six year’s prison with a non-parole period of three years and 10 months for the same offence.
Tyrall Cowan, 22, received a 12-month conditional release order for being an accessory after the fact.
10. “Cult” leader pays costs
SERGE Benhayon tried to take blogger Esther Rockett down in a large civil defamation case.
But Mr Benhayon, who founded Goonellabah business Universal Medicine, wound up about $1.2 million out of pocket, not including his own legal costs.
He was ordered to pay Ms Rockett’s costs after his legal suit was unsuccessful on all matters complained of.
This was on the basis of truth, public interest and other defences brought by Ms Rockett.
The jury found it was true to state Mr Benhayon was the leader of a “socially harmful cult”, that he is a “charlatan” and that UM offers misleading healing practices.
11. Surf rage
MARK Andrew Thomson, who assaulted former pro surfer Jodie Cooper in the surf at Lennox Point in August, 2018, faced a hearing this year over the allegation.
He fought a charge of assault occasioning actual bodily harm but was found guilty before Ballina Local Court in July.
The court heard his only prior conviction related to another surf-related assault in Byron Bay, decades earlier.
Thomson received a two year community corrections order and was also ordered to complete 300 hours community service.
12. Fall from grace
FORMER director of luxury real estate agency Unique Estates, Nicolette van Wijngaarden, this year pleaded guilty to two charges relating to the fraudulent misuse of money from her time running the now defunct business.
Unique Estates was based in Byron Bay, Sydney and Melbourne and van Wijngaarden had misused more than $1 million worth of trust money and attempted to borrow $4 million from an unnamed Byron Bay billionaire to fix the problem.
Van Wijngaarden will be eligible for parole after serving one year and six months of her three and a half year prison sentence.
13. Abusive boss
FORMER prominent Ballina business owner Belinda Catherine Nott, 40, received an intensive corrections order for intimidating a former staff member.
Nott was sentenced in June over the November, 2018 offence, which breached a suspended sentence she was serving at the time.
The offence involved Nott threatening to throw a Ballina Manor employee down the stairs of the business while the administrators conducted work there, preparing the business for its new owners.
Nott received a 15 month order for breaching her prior sentence and a four month order for the intimidation.
14. Bestiality, sex assault
DEAN Anthony Sellenthin, 43, faced a sentencing hearing for bestiality, aggravated sexual assault, indecent assault, producing child abuse material and other charges on December 18 and 19.
He’d pleaded guilty to 83 charges, and the same amount again will be taken into account at his sentencing.
He repeatedly raped three dogs, broke into the home of an elderly woman and sexually assaulted her.
He also secretly recorded adults and children in the nude across the Byron Shire.
Sellenthin remains in custody and Judge John North will hand down his sentence next year.
15. Syringe attack
AMBER Michelle Daldy-Rowe, 40, was sentenced in November for an incident in which she stabbed a Lismore Base Hospital employee with a syringe.
She had entered the emergency department on November 10 last year and was seen to before being asked to leave.
But she lashed out, injuring a security worker and falsely telling him she had HIV.
She received four years and three months’ prison.
She will not be eligible for parole until August 9, 2021 and her full sentence will expire on May 9, 2023.
16. Cyclists injured
DRUNK driver Richard David Dunwell, 35, received four years and six months in prison for an incident in which he crashed into cyclists on the Bruxner Highway near Drake.
Dunwell returned a blood alcohol reading of 0.243 after the May 19, 2018 incident.
He won’t be eligible for parole until September 29, 2021.
17. Fake firefighter
ANDREW Stevenson, 36, from Koonorigan, was recently granted bail to await the outcome of fraud allegations against him.
He’s pleaded guilty to dishonestly obtaining property by deception, having goods suspected stolen in or on premises, not obtaining a NSW licence within three-months of new residence, wilfully swearing falsely in any affidavit and two counts of publishing false or misleading material to obtain advantage.
Police allege he was misleading people by pretending to represent the NSW Rural Fire Service.
He’s yet to enter formal pleas to other charges against him, including attempting to register or renew registration by a false statement, having goods in personal custody suspected of being stolen, knowingly possessing identity plates not on the correct vehicle, dishonestly obtaining financial advantage by deception, impersonating an organisation officer to exercise a function, and two counts of acting or intending to pervert the course of justice but is yet to enter any pleas.
The matter will return to court on January 6.
NOT GUILTY:
18. Real estate agent cleared
JULIANNE Butler successfully fought arson allegations that arose from a November, 2018 fire at her workplace.
She was found not guilty of recklessly damaging Alstonville’s Century 21 office by fire after a hearing before Ballina Local Court on September 19.
Ms Butler walked free from court after Magistrate Karen Stafford found she could not be satisfied beyond a reasonable doubt she was responsible for lighting the fire.
ONGOING MATTERS:
19. Workplace harassment appeal
BANGALOW solicitor Owen Hughes, of Beesley and Hughes Lawyers, was ordered to pay a former employee $170,000 after a civil case in the Federal Circuit Court finding that he had sexually harassed her.
Catherine Mia Hill sued Mr Hughes in March claiming she had been sexually harassed.
But Mr Hughes has since appealed the decision, arguing both that the court was in error to find his conduct constituted harassment, and that the damages awarded were “manifestly excessive”.
An appeal hearing was held on November 13 and judgment has been reserved.
20. Stabbing death
JAMES Paul Alderton, 24, is facing a murder charge and two counts of assault over a June 6, 2017 brawl in Murwillumbah.
Police will allege he fatally stabbed Charlie Larter, 36, during the fight in Knox Park and assaulted two other men.
He’s entered no formal pleas and the case will return to court on January 8.
21. Jimi Knight
ALSO known as Jimy Knight, the Nimbin man has been charged with the alleged hit-and-run death of a woman in April.
The 31-year-old remains bail refused on charges of dangerous driving occasioning death, dangerous driving occasioning grievous bodily harm, negligent driving occasioning death and negligent driving occasioning grievous bodily harm, failing to stop and assist after vehicle impact causing death and failing to stop and assist after vehicle impact causing grievous bodily harm.
Police will allege he fatally struck 62-year-old Tonia Jansen and injured a 63-year-old man on Cecil St, Nimbin, before leaving the scene.
He’s lodged no formal pleas and is due back in court on January 29.
22. Mullum hit-and-run
STUART Charles Newman, 51, remains bail refused charged with dangerous driving occasioning death, negligent driving occasioning death and failing to stop and assist after a fatal crash.
Police will allege he hit 22-year-old cyclist Tim Watkins with his car on Wilsons Creek Rd near Mullumbimby on June 23 this year.
He’s entered no pleas and the case will return to Tweed Heads Local Court on February 19.
23. Prison death
MID North Coast Correctional Centre inmate Richard Jason Reay, 44, is facing a murder charge over the death of a Ballina man inside the prison.
Geoffrey Fardell, 52, was being held on remand at the centre at the time of his death on June 11.
Mr Reay has lodged no formal pleas and the matter is due back before Kempsey Local Court on February 19.
24. Street assault
BALLINA men Bradley Presbury, 23, and Justin Anderson, 26, are expected to stand trial on manslaughter charges.
Police will allege the pair were responsible for the 2018 fatal assault of Iluka man Aaron Marks.
Mr Marks was found critically injured on a River St, Ballina, footpath in the early hours of May 13 last year.
Both men pleaded not guilty at their arraignment in October and they’re expected to be tried next June.
25. New Year’s crash
CASINO man Mitchell Geofrey Grimston, 21, is yet to enter pleas over a fatal January 1, 2019 crash.
Police will allege Mr Grimston was driving when the crash occurred on Sextonville Rd near Casino about 2.45am, killing his front-seat passenger, Jayden Hogan.
Mr Grimston remains on bail and is facing charges of manslaughter, aggravated dangerous driving occasioning death, dangerous driving occasioning death while driving under the influence, aggravated dangerous driving occasioning death while speeding by more than 45km/h, causing bodily harm by misconduct, negligent driving occasioning death, negligent driving, high range drink-driving, speeding by more than 45km/h and failing to provide particulars to police.
The case will return to court this month.
26. Sporting star arrested
FORMER Olympic kayaker Nathan Jon Baggaley remains bail refused on charges of importing $176 million worth of cocaine.
Police will allege the 43-year-old Byron Bay man arranged the purchase of a $100,000 rigid inflatable boat used in the alleged July 31, 2018, importation.
Mr Baggaley’s brother, Dru, is also facing charges along with Anthony Draper, 53, from Balgowlah.
Dru and Mr Draper allegedly left Brunswick Heads in the boat late on the night of July 30 last year before meeting with a larger ship to exchange $600kg of cocaine.
The boat was intercepted by authorities off the coast of Byron Bay.
He will return to court this year.
He’s yet to enter a formal plea.
27. Former doctor to face trial
FORMER Lismore gynaecologist Glenn Allan Taylor, 64, is expected to face trial this year on extensive allegations of sexual offences.
He was formally arraigned in Sydney in April over the charges which include aggravated indecent assault under authority and aggravated sexual assault under authority, spanning from 1993 to 2016.
It’s understood his trial is not expected to run until early this year.
28. Fire attack
THREE men accused of a kidnapping and fiery attempted murder are expected to face trial next year.
Aydin Christopher Brown, 30, of Commissioners Creek and Mark Gary Brown, 29, of Nobbys Creek, are each charged with taking or detaining a person in company with intent and causing wounding or grievous bodily harm to a person with intent to murder.
Co-accused Nathan John Stack, 37, is facing one count of taking or detaining a person in company with intent over the July 23, 2017 incident.
Police will allege Burringbar man Benn Peterson was set alight while another man, Phillip Green, was kidnapped and that Mr Peterson was set alight and later found by a passer-by along Kyogle Rd at Kunghur, near Uki.
Mr Stack has made a successful application for a separate trial, while the Browns are due to face trial before Lismore District Court in April.
29. Fraud allegations
A NORTH Coast woman accused of defrauding almost $180,000 from her employer will return to court this month.
Evans Head woman Tracey Louise Hughes, 55, has lodged no formal pleas to the 330 fraud allegations against her.
Police will allege she fraudulently transferred funds from her employer, a Northern Rivers business, over 330 transactions during a seven-year period from January 12, 2012.
Ms Hughes remains on bail and will return to court on January 29.
30. Video threats charge
JUDGMENT is yet to be handed down in the trial of an Eden Creek man accused of inciting people to “ambush and kill” police.
Keith Knights, 39, had pleaded not guilty to soliciting, encouraging, persuading or attempting to persuade a person to murder a police officer and the alternate charge of sending a document threatening death or actual bodily harm.
He faced a judge-alone trial over the allegations.
Judgment is expected to be handed down on January 21.
31. School stabbing
A SUFFOLK Park woman, 32, is alleged to have stabbed a teacher at Byron Bay Public School on the morning of April 30.
Further medical documents are being sought before the case progresses.
The woman, who cannot be named, has been charged with wounding a person with intent to cause grievous bodily harm and entering enclosed lands without a lawful excuse.
She remains in custody and the case will return to court on February 12.
32. Officer charged
A POLICE officer will defend a charge of common assault relating to the alleged violent arrest of a 16-year-old boy in Byron Bay.
Senior Constable Michial Luke Greenhalgh, 38, was not present, but was legally represented, when his case went before court for the first time on December 2.
No reason was given for his absence.
He’s alleged to have assaulted the boy during an arrest in Lateen Lane in January, 2018.
A not guilty plea was entered on his behalf.
The charge was laid against him after an inquiry by the Law Enforcement Conduct Commission.
The matter will return to court in February.
33. Childcare allegations
CASINO childcare centre director Liesl Pyke-Nott will face a hearing in the new hear over a string of charges.
Ms Pyke-Nott and LPN Childcare Pty Ltd ATF Liesl Pyke-Nott Family Trust are each facing a string of charges, including allegations a staff member (not the accused) inflicted physical harm on a child at the centre in 2017.
The allegations relate to the Rainbow Station Early Education Centre.
The charges are expected to be defended at a hearing in March.
34. Former priest charged
FORMER priest Allan Kitchingman will be further assessed before a historic sex abuse charge against him proceeds in court.
He’s facing a charge of buggery, which he’s alleged to have committed between January and September, 1978 in Lennox Head.
When the matter was most recently before court, he was due to have an assessment of his dementia undertaken.
The case returns to court on January 29.
35. Murder accused
PAUL Thomas Ryan, 65, is expected to defend a murder allegation at a trial in Sydney next year.
Police will allege Mr Ryan fatally stabbed his former partner, 63-year-old Maree Van Beers, at a unit on Brett St, Tweed Heads in November 2018.
When the matter last went before court on December 18, it was set down for a February 14, 2020 trial before Sydney Supreme Court.
36. Hit-and-run
BRITISH national Graham Stephen Belcher remains in custody charged over the alleged hit and run of Gold Coast father Scott Rose.
The 52-year-old is alleged to have caused the crash in which Mr Rose, a motorcyclist, died on Tweed Valley Way at Tumbulgum.
He’s lodged no formal pleas to his charges of dangerous driving occasioning death, failing to stop and assist after a fatal crash, negligent driving occasioning death, causing bodily harm by misconduct, driving with a cancelled licence, not giving way and failing or refusing to disclose his identity.
The case will return to Tweed Heads Local Court on February 19.
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