Brothers found not guilty of assaulting five police officers during dramatic Chigwell arrest
TWO Hobart brothers have been acquitted of assaulting five police officers by way of threat during a dramatic arrest in Chigwell last year. IN COURT >>
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TWO Chigwell brothers have been acquitted of assaulting five police officers by way of threat during a dramatic arrest last year.
Kenneth John Bailey, 38, and his brother Rodney Jeffrey Bailey, 39, have been found not guilty of the crime of aggravated assault by a Supreme Court of Tasmania jury.
The men stood trial earlier this month, with the Crown failing to prove that the men caused police to believe Kenneth Bailey planned to use a firearm against them in January 2020.During the trial, the Crown had alleged that he used his daughter “as a human shield” when police drew their guns.
The men denied they caused police to believe they were at risk of harm, or that Kenneth dragged his daughter in front of him.Police body-worn camera footage was played to the jury – but the video only showed the aftermath of the arrest, not the alleged incident itself.
Also during the trial, Kenneth Bailey’s partner Nancy Jones said the only reason he didn’t hold up his hands was because he was tying up his board shorts, and denied he dragged their daughter in front of him.
EARLIER, JUNE 10
Kenneth John Bailey and Rodney Jeffrey Bailey faced the Supreme Court of Tasmania on Wednesday, each charged with one count of aggravated assault dating back to January 27 last year.
In his opening address to the jury, Crown prosecutor Adrian Hilly said the aggravated assault occurred by way of threat, with police believing Kenneth Bailey planned to use a firearm against them.
Rodney Bailey has been charged as an “abetter or instigator”.
The brothers agree an arrest occurred, but dispute what happened afterwards, denying they caused police to believe they were at risk of harm.
Mr Hilly said a senior constable pulled over Rodney on the afternoon in question, believing he was speeding but discovering he was disqualified from driving.
Mr Hilly said Rodney became agitated when he was told he was under arrest, calling officers “you f...ing rat dog c...s” as he was handcuffed.
Rodney’s brother Kenneth and his partner then emerged from their home, with Mr Hilly claiming Kenneth tried “to insert himself in the arrest process”.
The prosecutor said Kenneth was acting aggressively with clenched fists, and police threatened to use OC spray to subdue him, saying “get back or you will get the full can and this spray hurts”.
But Kenneth allegedly replied, “f… you c…, I’m going inside to get something that will really hurt you c...s”.
Kenneth then allegedly went inside his home and returned with his hands down his pants “in a manner that made (police) believe he was holding a pistol”.
When police asked Kenneth to show his hands, he allegedly refused and said, “you’ll see, you dogs, you’ll get it you c...s”.
He then allegedly went inside a second time, with police drawing their guns, and returned with a young girl who he positioned in front of him.
Mr Hilly said Kenneth kept his hands down his pants while Rodney yelled out words of encouragement to his brother, and abuse to the police, saying “go inside and get that thing, give these c...s a lesson”.
Kenneth then allegedly went inside a third time before complying with police and showing his hands, with police searching his home, but not finding a firearm.
The trial continues Thursday.
Hobart man who ‘liked them young’ jailed for grooming
A HOBART man with an IQ of 63 “who liked them young” has been jailed for grooming a number of teenage girls via social media apps, threatening to rape one with a broomstick if she didn’t send explicit images of herself.
Nathan Lee Wechsler faced the Supreme Court of Tasmania on Tuesday, confessing to using apps like Bigo Live and Facebook to contact underage girls for his “sexual gratification”.
While sentencing, Justice Gregory Geason said Wechsler’s current crimes began in 2017 when he was 26 and he was on bail for similar offending.
It was then he sat next to a 14-year-old girl in her school uniform on the bus, adding her as a friend on Facebook before messaging her regularly and asking for naked photos of herself.
“The content of those messages asked her to dress in a particular way, in leggings and in bra and panties, flaunting her body,” Justice Geason said.
But the communication soon became aggressive.
Wechsler told the girl “she couldn’t squirm her way out” by not complying with his requests, that he’d viciously assault her, use a lighter to burn her genitalia and drip hot wax into her.
The girl told police and his home was searched, with his phone seized.
Police found messages to numerous underage girls.
On Bigo Live, Wechsler told a girl that he had an erection and that he “liked them young”, sending a video of himself masturbating.
As part of the conditions of a previous court sentence, Wechsler was required to tell police about any children he’d had contact with.
But examination of his phone revealed he had five Facebook accounts that he used to communicate with young girls.
Justice Geason said Wechsler had a mild intellectual disability with an IQ of 63.
A report found he “felt more comfortable communicating with young people based on your own ability and as you felt you were less likely to be rejected by them”.
However, the report said Wechsler moral culpability should not be reduced as he was aware the conduct was wrong.
“Online behaviour has the capacity to do an enormous amount of harm before it is detected and stopped,” Justice Geason said.
“It is predatory and the potential for harm to your victims is real.”
Wechsler pleaded guilty to three counts of grooming with intent to expose a child or young person to indecent material, failing to comply with reporting obligations and several breaches of the Community Protection (Offender Reporting) Act.
He was jailed for two years and two months, with a non-parole period of one year and two months.
His name will be recorded on the community register for a period of eight years.
Launceston Supreme Court: Alleged child sex abuse charges, murder accused and child exploitation material among cases
Mark Crocker faces child sexual abuse charges
Launceston man Mark Phillip Crocker appeared in the Supreme Court in Launceston on Monday, facing a charge of persistent sexual abuse of a child or young person.
Crocker, 65 from Youngtown, appeared in person for a first directions hearing, represented by defence barrister Evan Hughes, before Justice Robert Pearce.
The matter was adjourned until July 23 at 10am, he remains on bail.
Hidding on child exploitation material charges
Bradley Maxwell Hidding has made his first appearance in the Supreme Court in Launceston, having pleaded not guilty to six counts relating to possessing and accessing child exploitation material.
Hidding, 45, of Riverside, was represented by defence barrister Evan Hughes and is expected to stand trial at a later date.
The son of former Liberal leader Rene Hidding, Hidding was charged in April last year with three counts of possessing child abuse material accessed using a carriage service.
In December the Commonwealth Department of Public Prosecutions added two extra charges of using a carriage service to access child abuse material and one charge of using a carriage service to access child pornography material.
Appearing in the Supreme Court in Launceston on Monday, Hidding was dressed in black pants and black peacoat and spoke only to confirm his name.
His matter was adjourned until July 23 at 10am and he remains on bail.
Murder accused in court
Tobias Pick, the man accused of murdering a woman in her Launceston home on Boxing Day last year, will appear in the Supreme Court in Launceston on Friday.
Pick, a 27-year-old German national, made a brief appearance in court via video link from Risdon Prison on Monday, represented by defence barrister Evan Hughes.
Justice Robert Pearce adjourned the matter until Friday, June 11, at 10am, at which time Pick will be appearing in the court in person.
Pick has pleaded not guilty to the murder of 49-year-old Jingai Zhang in her Wellington St home on December 26, 2020.
Pick had been living in Tasmania on a working visa at the time. No details have yet been released about how Ms Zhang died.
Accused of murdering mother
Natalie Maher, accused of murdering her mother in Launceston in 2019, is expected to stand trial some time in October.
Maher, 48, made a brief appearance in the Supreme Court in Launceston via video link from the Mary Hutchinson Women’s Prison at Risdon on Monday, represented by defence barrister Evan Hughes.
Maher is accused of murdering her mother, 71-year-old Veronica Corstorphine, in Keane St, South Launceston, on or about October 3, 2019.
She has pleaded not guilty.
According to court documents, when police found Ms Corstorphine’s body in her home in 2019, it was so badly decomposed that the exact cause of death was difficult to determine, but the positioning of her body was deemed to be suspicious.
Police have previously said Ms Maher had been living with her mother for about two months before the alleged murder.
Ms Corstorphine had moved from Queensland to Tasmania several years before her death and was active with the Labor Party in Launceston.
Maher, from Western Australia, was extradited to Tasmania to face the charge.
Appearing before Justice Robert Pearce, Maher’s matter was adjourned until July 19 at 10am and prosecutor John Ransom said he expected her trial to commence some time during the Supreme Court’s October sittings.