DV northern NSW: Advocate calls for reform of NSW court system as ‘crisis’ laid bare in statistics, shock court cases
A staunch anti-DV warrior has spoken out in a “national crisis” as we take a closer look at the alarming domestic violence situation in regional NSW. Violent criminals have been reoffending on bail, court orders and while AVOs are in place.
Regional News
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A northern NSW councillor and anti-DV warrior has spoken out following shocking domestic violence cases in local courts – many of which involve allegations of crimes after prior offending, while on correction or apprehended violence orders, or on bail.
The orders are supposed to protect the public, but have failed on numerous occasions, as evidenced by a swath of recent cases.
Several ongoing northern NSW DV murder cases involve offending allegedly occurring on bail and while AVOs were in place.
Women’s Village Collective chief executive and Byron Shire councillor Sama Balson has spoken out amid a national outcry about horrendous rates of violence against women.
It’s alleged a total of 26 women have been slain in DV circumstances – mostly by men – in the past four months alone, according to White Ribbon.
The organisation’s chief executive Melissa Perry has told The Daily Telegraph one woman on average was “murdered every nine days in Australia”.
“This grim tally shows no signs of slowing down,” she said.
This year has been even worse than the average.
Prime Minister Anthony Albanese said “the fact that one woman dies every four days, on average, at the hand of a partner, is just a national crisis“.
“We need to change culture because it is completely unacceptable,” he said.
Across Australia, a reported 17 per cent of women and 5.5 per cent of men have experienced intimate partner violence according to the Australian Bureau of Statistics (ABS).
Most victims are women and mostly men have been the perpetrators.
A national cabinet emergency meeting will focus on domestic and family violence, including bail laws, perpetrator research, and frontline supports Mr Albanese said.
He was heckled during an exchange at a ‘No More’ rally on Sunday, which was one of many held nationwide at the weekend.
Mr Albanese gave a short speech on the failure of countless governments to stop the scourge.
He said $2.3 billion would be invested to fight DV – and a member of the crowd yelled “it’s not enough,”
“I know,” Mr Albanese replied.
“I know, and that’s why I’m here. I know that we must do better.
“But I know this as well … it’s not just governments’ problem, it’s a problem of our entire society.”
Last year, 29 women were slain or allegedly killed by a partner, according to NSW Bureau of Crime Statistics and Research (BOCSAR) data.
One pending northern NSW murder case involves an accused man allegedly breaching an apprehended violence order (AVO) and bail by repeatedly punching his partner in the face weeks before her death.
The Women’s Village Collective at Byron Bay has been supporting women and fighting for systemic change to better support victims.
Speaking generally about DV, Ms Balson said in her opinion the courts were being “manipulated” by cunning crooks “weaponising” proceedings, resulting in poor outcomes and leaving victims in a “bind”, struggling to seek support.
Victims cannot even distance themselves, on occasion.
Ms Balson took issue with orders keeping women tied to a location “for the DV abusive partner to have access to a child, to have a so-called meaningful relationship with them”.
“A lot of the single mothers have ex-partners who don’t pay any or any sufficient child support – and yet they do manage to weaponise (the legal situation),” she said.
“Many women who are single parents who have fled DV have left with nothing but their children, often in a dangerous situation.
“And then further down the track, when that parent goes to seek support from the courts to help care for their children, they often need to leave their children supervised or unsupervised with the perpetrator of DV.”
Ms Balson worried women were trapped due to orders and prevented from obtaining support.
In recent days, Ms Perry said of the national crisis: “This has to stop”. Victim’s advocate Howard Brown and Ms Perry slammed NSW’s “failing bail laws”.
“The time for silence, indifference and inaction has passed,” she said, following the death of young mum Molly Ticehurst,” Ms Perry said.
“Both Federal and State governments must put aside ‘politics’, rhetoric and platitudes and commit to urgent reforms of systems and bureaucracies that contribute to women being abused and murdered.”
Mr Brown said: “Our justice system is failing women. And the time for change in our bail laws is now because too many lives are being stolen.”
Courts have been “placing victims of violent crimes at risk, with bail laws regularly releasing alleged offenders onto the streets”, he said.
Days earlier, Minister for Women Katy Gallagher fought back tears while being questioned over the rate of women killed in Australia.
“It’s been a really tough year … ,” she said.
“This is a crisis in this country and women don’t feel safe.”
CASES IN THE SPOTLIGHT
These are just a small selection of the finalised domestic violence cases which shocked northern NSW NewsLocal reporters recently.
Many have involved reoffending, bail breaches, and the flouting of AVOs or court orders.
– Patrikis, 27, pleaded guilty to dousing a pregnant woman in lighter fluid and threatening to set her on fire at Taree. He also punched the victim in the nose while she breastfed – and mocked the way she cried as blood dripped over her, a court heard. Patrikis was granted bail following an attack in June last year, but it was revoked after a violent outburst.
– Repeat DV offender Bradley Scott Presbury, 28, was sentenced for callously bashing his partner at an Evans Head car wash on June 15, 2023. Magistrate Karen Stafford said: “You dehumanised this woman and petrified her to the point she couldn’t even tell police what you were doing to her. This is one of the most sustained DV assaults I’ve come across.” Separately, Presbury was previously convicted of the manslaughter of Iluka man Aaron Marks.
– May, 30, was sentenced to eight months in prison after he urinated on his partner on more than one occasion – and beat her with a metal pole – at Taree in September 2023. May’s sentencing assessment report indicated he was trying to steer blame back to the victim following his “degrading” crimes.
– Solomon, 32, was jailed for three years and six months for a string of DV offences including lifting a woman by the throat and threatening to bash her if she did not stop crying at Taree. He also slapped and spat on the woman. The “disgusting” offending was described as “redolent with ridiculous jealousy”.
– A Grafton sawmill worker broke his partner’s nose with a headbutt and bombarded her with chilling texts messages in which he threatened to slit her throat. South Grafton man Greg Foley, 30, pleaded guilty to assault occasioning actual bodily harm, intimidation and using a carriage service to threaten to kill. While Foley had no prior DV history, the prosecution said he needed to be jailed “and “everyone has the right to feel safe at home”. It was emphasised Foley threatened to do worse and even kill the woman. Magistrate Juliana Crofts said Foley’s offending was “very serious”, but imposed a 15-month intensive corrections order, with 150 hours of community service work.
– The 21-year-old faced court over a domestic violence attack at Ballina. Walker “wrapped a black hoodie around the victim’s neck and used it as a leash” to drag the victim to a Ballina supermarket in early April – while on bail. He pleaded guilty to assault causing actual bodily harm.
– The Clarence labourer, 32, viciously attacked his partner in what the presiding magistrate described as one of the “most serious examples” of domestic violence she has ruled on. Three witnesses were forced to intervene when they saw Freebody assault his partner with such force they all feared she might die. Freebody has an extensive criminal history in both Queensland and NSW. He was locked up for six months for common assault and damaging property
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