As it happened: WA news on Tuesday, April 30

Thank you for joining us.

Here’s a look at our main headlines today:

• The Albanese government is facing questions about why a former immigration detainee previously accused of breaching his curfew multiple times had stopped wearing an ankle monitor when he allegedly violently assaulted a terrified Perth couple during a home invasion.
• Lawyers for Brittany Higgins’ fiancé David Sharaz have declared he can no longer fight the “Titanic” defamation action levelled by WA Liberal senator Linda Reynolds as the court rejected Higgins’ bid to delay the looming trial.

David Sharaz, partner of Brittany Higgins at a Perth mediation earlier in April 2024.Credit: Trevor Collens

• Perth-raised, Sydney-based journalist Millie Muroi has written about how when NSW and WA argue over the GST, with politicians calling each other names like “Gollum” and “sore loser”, she feels like she’s watching mum and dad fight.
• And a 54-year-old man has appeared in Fremantle Magistrates Court on Tuesday charged with murdering his mother, Joan Mary Drane, 78.

Back to the WA Supreme Court now, where lawyers for Brittany Higgins’ fiancé David Sharaz have declared he can no longer fight the “Titanic” defamation action levelled against him by WA Liberal Senator Linda Reynolds as the court rejected Higgins’ bid to delay the looming trial.

The parties gathered for an urgent hearing on Tuesday, in which Higgins’ lawyers sought to postpone the six-week trial set down for July 24 until 2025 amid fears for her mental health.

David Sharaz, partner of Brittany Higgins at a Perth mediation earlier in April 2024.Credit: Trevor Collens

And Sharaz’s lawyer Jason MacLaurin declared he did not have the means to continue defending the “juggernaut” of a litigation - which has already been the subject of a marathon nine-hour mediation hearing.

“Mr Sharaz wants to impress on the court that this defamation action is going to be horrendously expensive... and his financial means do not permit him to support it,” he said.

“He probably won’t buy a ticket on the Titanic, that’s where this action is heading.”

Justice Paul Tottle rejected the delay push, insisting the concerns of Higgins’ legal team could be accommodated without vacating the trial dates.

Read more here.

Back to court now, where there are a couple of high-profile matters being heard this afternoon.

The first relates to WA Police Officer Ben Falconer’s legal fight to prove that making the COVID-19 vaccination mandatory for serving officers in 2021 was unlawful.

Police constable Ben Falconer took the vaccination mandate to the Supreme Court.Credit: Channel Nine Perth

He lost his initial legal challenge and has just lost his appeal of that decision this afternoon.

Outside the Supreme Court of WA after the decision was handed down, Falconer said: “We the people need to reflect on where that leaves us”.

“The purpose of this litigation was to discover the rights WA employees have over their own bodies in the workplace,” he said.

“The government and judiciary have formed a perspective on that.”

WA Police are asking for the public’s help to locate a third man allegedly involved in the violent home invasion against an elderly Girrawheen couple two weeks ago.

Joondalup detectives are urgently seeking information regarding the whereabouts of Joel ‘Bobby’ Painter, 36, who was last seen in the Balcatta area, and previously resided in Victoria.

WA Police are searching for Joel Painter. Credit: WA Police

Painter is described as 170 centimetres tall, of medium build with octagon tattoos on both lower legs.

If you spot Painter, police advise you not to approach him, and to instead call police immediately on 131 444.

“We will not stop until we apprehend him and place him before the courts,” a police spokesman said.

“WA Police are also liaising with federal and state jurisdictions to ensure there is nowhere in Australia that he can hide.”

To our colleagues at Radio 6PR now, where Mornings show presenter Gary Adshead explains why the Mayor of Townsville, Troy Thompson, is under pressure to prove his WA military links.

Now to Geraldton where Premier Roger Cook attended a press conference this morning.

Cook said retrenched First Quantum workers living in employee housing in the Great Southern town of Ravensthorpe will be allowed to stay in their homes as they look for new work.

He got the assurance from First Quantum chief executive Tristan Pascall after the company announced cost pressures forced it to mothball its Ravensthorpe nickel mine this week, leaving its 330 employees and 90 contractors out of work.

Cook said about half of those 330 employees would be transferred to care and maintenance roles.

“I’ve spoken with the CEO of First Quantum, the operator of that mine, and sought assurances that they will look after locals, particularly local contractors, and make sure that they can get every opportunity to be involved there,” he said.

“First Quantum have also said that they will allow those workers that are seeking other employment in the area to remain in their housing for the foreseeable future to make sure that they are supported as well.”

Staff from South Regional TAFE will also head to Ravensthorpe to assist those made redundant with reskilling as they hunt for a new job.

A large police presence has been reported in Success this morning, with WA Police confirming they attended an incident on Beeliar Road where a gun or replica was seized, and a man was arrested.

The drama unfolded about 10am and a crime scene has been set up at a 7/11 on the road.

Police said a 28-year-old man had been taken into custody after he was alleged to have a weapon.

“There is no ongoing threat to the public,” they said.

“The investigation remains ongoing.”

Westpac Lifesaver rescue helicopter beach patrols between Busselton and North Fremantle will wrap up for the season today.

According to Surf Life Saving WA, this season recorded a record number of aerial shark sightings, up more than 60 per cent to a total of 430. Public reporting of sharks has also increased.

“This season, the increase in shark activity across the metropolitan area was significant,” the SLSWA said.

“Commensurate with the increase in sightings, the clearances of beach users also increased by more than 70 per cent.”

An aerial of a hammer head shark. Credit: Surf Life Saving NSW

And now for the latest in the defamation row unfolding between WA Liberal Senator Linda Reynolds and her former staffer Brittany Higgins.

We understand that in an urgent hearing to be held this afternoon, Higgins’ lawyers intend to request the six-week trial set down for July 24 be postponed. But Reynolds’ lawyers will oppose the motion.

Brittany Higgins outside the Perth Supreme Court in March.Credit: Trevor Collens

The senator sued Higgins and her fiancé, former press gallery journalist David Sharaz, for damages over more than seven social media posts she claimed falsely defamed her — including one in which Higgins accused Reynolds of using the press to harass her. Both Higgins and Sharaz have defended their respective cases.

The hearing will be the first since Federal Court justice Michael Lee found, to the civil standard, that — on the balance of probabilities — fellow staffer Bruce Lehrmann had raped Higgins in then-cabinet minister Reynolds’ parliamentary office in 2019. But Lee also ruled there was no political cover-up.

After the judgment, Higgins took to social media to apologise to Reynolds and her former chief of staff Fiona Brown while expressing deep regret that the parties had not yet found “common ground”.

Reynolds, however, vowed to pursue the action, insisting she was committed to fully vindicating her reputation.

Read more here. 

Returning to court now where the man accused of murdering his mother inside her Yangebup home yesterday has just appeared in Fremantle Magistrates Court.

Andre Lafayette Drane, 54, appeared briefly before the matter was adjourned to late May.

Andre Lafayette Drane.Credit: Facebook

Joan Mary Drane, 78, was found dead at her Sandpiper Loop property early on Monday morning, but police say she could have been killed anytime over the weekend.

A neighbour told Nine News Perth there had been a disturbance at the house in recent weeks, the elderly lady calling them for assistance.

“It’s still sinking in, what has actually happened because we’ve known them for a long time,” they said.

Police were still at the property on Monday evening looking for evidence while flowers and tributes were being laid outside the home.

Read the full story here.