SHAMEFULLY SMALL SENTANCE GIVEN TO US MARINE ATTACKER OF BRISBANE WOMAN – TYPICAL TREATMENT OF VIOLENCE BY US MILITARY-PAT COLEMAN 12/10/18
SHAMEFULLY SMALL SENTANCE GIVEN TO US MARINE
ATTACKER OF BRISBANE WOMAN – TYPICAL TREATMENT OF VIOLENCE BY US MILITARY-PAT
COLEMAN 12/10/18
Re CourierMail story Woman attacked by US Marine in
Brisbane thought she would die Vanessa Marsh, The Courier-Mail
October 12, 2018 11:47am
This recent case of yank military people engaging in violence and getting treated leniently is not a new one. In Townsville in 2004 2 yank sailors on a military visit from japan attacked and stabbed a Townsville bloke .
I was prosecuting the Townsville cops and the state in the Townsville Supreme Court before the then Justice Cullinane in
Coleman v Greenland http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QSC/2004/37.html , Coleman v Watson and The State of Qld and Ors http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QSC/2007/343.html when the then Barrister Greg Lynham burst into the court seeking an application for bail for 2 yank sailors. I yelled “throw the book at them your honour” and was warned I would be gaoled for contempt if I didn’t shut it.
The Stars and Stripes story https://www.stripes.com/news/two-marines-charged-in-australia-bar-stabbing-1.17305 “Two Marines charged in Australia bar stabbing” By GREG TYLER | STARS AND STRIPES Published: March 6, 2004
They got these blokes out of Australia under the visiting forces agreement “ US Marines escape Australian law” Sydeny Morning Herald 2 June 2004 — 8:05pm
Consider this statement by the then prosecutor
Scholl , who had even prosecuted me for protesting matters “Sgt Scholl
said when advice had been received that the cases had been finalised by US
authorities, the matters would be brought back to the court in Townsville for
the proceedings to be discontinued.”
THEY DIDNT COME BACK !
Contrast this with the big gaol the US Navy’s Townsville drug runners got see WikiNews
“US Navy sailors jailed in Australia on drug smuggling charges” Saturday, May 20, 2006
They were off the USS Boxer , a frequent visitor to
Townsville at the time . Boxer had a corrupt Australian Navy officer who was
involved in international port corruption in the “Fat Leonard Case” http://www.abc.net.au/news/2018-05-03/us-navy-corruption-scandal-spreads-to-royal-australian-navy/9663558
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“Fat Leonard: Australian Navy Officer revealed as suspect in massive US Navy bribery and fraud conspiracy” By Sarah Curnow and Dan Oakes, ABC Investigations Updated
The Sleeping with the enemy case
involving that barrister Lynham
In a rape case down in Bowen , he caused an
expensive retrial . And you couldn’t make this up. R v Szabo https://www.sclqld.org.au/caselaw/QCA/2000/194 Szabo
concerned the matter of the “appearance” of bias arising from the Defence
and Prosecution “having it off during”
the trial whilst at Bowen 200ks south of Townsville and not telling the
defendant (who was guilty anyway) . They were “both sleeping with the enemy” . The defence barrister in
Szabo was Greg Lynham
Greg Lynham was eventually made a defence force magistrate along with Townsville “hanging judge” Ol’ Clive Wall’ before becoming a Beak recently appointed to the Townsville district court by Yvette D'Ath .
She referred to the fact he was capable of dealing with complex matters in her ministerial statement. Indeed he is upon the facts of the SZABO case. http://statements.qld.gov.au/Statement/2017/4/21/district-court-appointment-for-townsville
EXTRACTED STORIES THAT
MAY GO PAYWALL OR GET REMOVED BELOW
Woman attacked by US Marine in Brisbane thought she
would die Vanessa Marsh, The Courier-Mail
October 12, 2018 11:47am
Taylor Wyatt Elwood, 20, only stopped the prolonged attack on the woman in a deserted car park at Brisbane’s Enoggera Barracks when a Federal Police officer tried to intervene and was also attacked.
Elwood’s lawyer today said the marine, who gave up a university gridiron scholarship that could have led to an NFL career to instead serve his country, had been “disgraced” by his actions and would be dishonourably discharged from the US Army.
Defence lawyer Dave Garratt said Elwood could also potentially face a court martial upon his return to America.
Elwood this morning pleaded guilty to charges of serious assault of a person over 60, police assault and wilful damage relating to the attack in July this year.
Police prosecutor Glenn Whittle said on the day of the attack, a 60-year-old woman who worked at the army barracks had just got into her car at the facility’s multilevel car park when Elwood, wearing a black motorbike helmet, dragged her from the vehicle and began repeatedly punching her in the face.
The prosecutor said Elwood then dragged the woman around the parking garage “like a rag doll” bashing her head into guard rails and cars so hard that a vehicle was dented and scratched.
“The victim states she really believed she was going to die,” he said.
“She said the person seemed obsessed with her head and kept banging it and hitting it over and over.”
In a victim impact statement, the woman said throughout the assault, Elwood was quiet with a “matter of fact” demeanour and the attack was like a “well rehearsed move or a dance”.
Mr Garratt said the 20-year-old had been offered a full scholarship to play gridiron at university which could have led to an NFL career but he turned it down to join the marines after seeing news images of child victims of chemical attacks in Syria.
He said Elwood knew he had “brought shame to US Marine Corps and also his country” and that his actions had impacted the relationship between the Australian and US defence forces.
Mr Garratt said Elwood, who is due to be married in December, would now be dishonourably discharged from the US Army, would lose all his service benefits and faced the possibility of a court martial on his return home.
“That’s a man who is embarrassed and who is really sorry for what he’s done,” he said.
“He’s going to have to tell his children one day why he was discharged from the marines and the shame that goes along with that.”
Mr Garratt said on the day of the attack, Elwood had been drinking, something he didn’t usually do due to the drinking age difference in his home country, and that he may have attacked the woman because occupants of a similar car that drove past earlier had screamed at him.
“He’s got no idea why he behaved in this appalling manner,” Mr Garrett. “His service record is impeccable. He’s an outstanding marine.”
Elwood, who was supported in court by members of his unit, was sentenced to 15 months imprisonment which will be suspended after he has served three months. He was also ordered to pay $3000 restitution he offered the victim and $1331 for damage to a vehicle which was dented in the attack.
Magistrate Tina Previtera said the “frightening” attack was “extremely violent and bizarre” and she was surprised the woman did not suffer more serious injuries than the bruising and lacerations reported.
She said she accepted the behaviour was “out of character” for Elwood and that he would suffer “significant” impacts on his personal life and career.
“Unfortunately for you, you are entirely to blame for this offence.”
Media Statements
http://statements.qld.gov.au/Statement/2017/4/21/district-court-appointment-for-townsville
Attorney-General and Minister for Justice and Minister for Training and SkillsThe Honourable Yvette D'Ath Friday, April 21, 2017
District Court appointment for Townsville
Attorney-General and Minister for Justice Yvette D’Ath today announced the appointment of a new judge to the Townsville District Court.Mrs D’Ath said barrister Gregory Lynham would bring more than 20 years’ legal experience to the District Court.
“Mr Lynham has practiced as a Barrister in Townsville for the past 20 years, regularly appearing in the District and Supreme Courts, in murder, manslaughter, drug and complex fraud trials,” Mrs D’Ath said.
“He is regularly briefed by the Commonwealth DPP to prosecute complex matters on their behalf.
“And he is also a Judge Advocate and Defence Force Magistrate in the Australian Defence Force, presiding over court martials,” Mrs D’Ath said.
Mr Lynham worked as a locomotive cleaner and fireman at Queensland Rail, and as an administrative office at the Queensland Police Service, before graduating from James Cook University in 1995 and being admitted as a barrister in 1996.
In addition to his diverse experience in criminal, family and administrative law, he has also worked as a Law Lecturer and tutor at JCU, and is a RAAF Wing Commander.
Mrs D’Ath said Mr Lynham had been selected from a shortlist of suitable candidates recommended by the Judicial Appointments Advisory Panel chaired by retired judge, The Honourable Hugh Botting.
Mrs D’Ath thanked the Queensland Law Society, Bar Association of Queensland and community representatives on the advisory panel for their closely considered advice.
Mr Lynham will take up the new position next week.
Media contact: 0417 675 917
The Stars and Stripes story https://www.stripes.com/news/two-marines-charged-in-australia-bar-stabbing-1.17305 “Two Marines charged in Australia bar stabbing” By GREG TYLER | STARS AND STRIPES Published: March 6, 2004
Lance Cpl. Craig Meeks, 21, charged with attempted murder, and Staff Sgt. Beryl Wilson Jr., 33, charged with assault “occasioning bodily harm while armed,” currently are detained on Okinawa, a Marine Corps staff judge advocate official confirmed Thursday. They were in Iwakuni as part of a Unit Deployment Program.
Both Marines were in Australia for Operation Southern Frontier 2004 training exercise with Iwakuni’s Marine Air Logistics Squadron 12.
Australian authorities have retained jurisdiction in the cases, stated 1st Lt. John M. Bryant, deputy staff judge advocate for the 1st Marine Aircraft Wing on Okinawa, in an e-mail message Thursday.
Marine Corps 1st Lt. Al Eskalis, a spokesman for the 3rd Marine Expeditionary Force in Okinawa, said it is “inappropriate for us to comment on any of the legal aspects of the cases because the Australian legal system has the jurisdiction.”
article continues below
Eskalis said Meeks and Wilson are detained “under restriction until trial.” The Marines are tentatively slated to return to face charges March 22, according to the Townsville (Australia) Bulletin’s Feb. 6 edition.
The charges are based on an incident around 1 a.m. Feb. 1 at a Townsville nightclub in which a 23-year-old university student was punched and struck with a bottle before being stabbed in the neck with a knife. Charges were filed Feb. 5 after a local police investigation into the incident at Bullwinkle’s nightclub.
A police official in Townsville, Sgt. Adam Ainsworth, told the local newspaper that Wilson got into an argument and punched the victim in the face before smashing a bottle on the side of his head.
In the newspaper account, the police sergeant testified that the student tried to fight back. Then his head was grabbed from behind and he was stabbed twice in the neck. After the stabbing, the knife blade was pulled across his throat, the sergeant said.
Meeks is suspected of brandishing the knife and Wilson the bottle, the newspaper reported.
Court testimony indicated that the victim was bleeding profusely and required 23 stitches. The victim identified Meeks and Wilson during a photograph line-up, the investigator noted.
Bail was refused for the two Feb. 5 by Magistrate Graeme Hillan, who considered the Marines too much of a flight risk in light of the seriousness of the charges, the report added, because they were scheduled to return to the United States shortly on the heels of their six-month UDP tour.
Greg Lynham, a barrister representing the Marines, immediately objected and filed a bail application with a higher court, where unspecified bail conditions were allowed the next day.’
The Matters in this story appear to be blocked so you don’t get the Townsville Bulletin stories on google.
“ US Marines escape Australian law” Sydeny Morning Herald 2 June 2004 — 8:05pm
“ Two US Marines charged over an alleged stabbing and assault at a Townsville nightclub will not face court in Australia.The Townsville Magistrates Court has been told the federal government has consented to a request from US authorities that they be granted jurisdiction to deal with the two.
Lance Corporal Craig Mathew Meeks, 21, was charged with attempted murder and Staff Sergeant Beryl (Beryl) Wilson Jr, 33, was charged with assault occasioning bodily harm while armed.
Police allege that university student Heath Twomey, 23, was hit with a bottle and stabbed in the neck with a knife at Bullwinkles nightclub on February 1 this year.
The two Marines had been granted bail but failed to appear in court on Monday, their defence counsel telling the court they were with their unit in Japan.
Prosecutor Sergeant Richard Scholl tabled a letter to the court from the federal Attorney-General's department stating US authorities had sought jurisdiction over the matter.
She said matters Mr Ruddock had to consider before waiving jurisdiction included the wishes of the complainant, comparative penalties, trial costs and lengths and the need to prevent a recurrence of the offences.
Regional crime coordinator Detective Inspector Steve Webber said Mr Twomey was consulted before the decision and had agreed to have the matters heard before a US military court.
US military representatives were expected in Townsville in the near future to make inquiries and gather information on the case, Det Insp Webber said.
Sgt Scholl said when advice had been received that the cases had been finalised by US authorities, the matters would be brought back to the court in Townsville for the proceedings to be discontinued. “
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