25/10/2007

Accused Mother walks free from court

Has Justice been served for this mother, who had 4 children and lost all of them for an unknown reason?

 

CAROL Matthey entered the Supreme Court yesterday charged with murdering her four small children, one by one, over five years.

Police said she deliberately suffocated them, partly in order to sustain her troubled relationship with her husband, Stephen Matthey, the children’s father.

But yesterday, the criminal case against Mrs Matthey, who has always denied she harmed her children, collapsed.

Fifteen minutes after she arrived, Mrs Matthey left the court free, cheerfully accepting congratulations. In an extraordinary end to one of the most dramatic cases in Victorian legal history, prosecutors dropped the charges because much of the evidence gathered against her was ruled inadmissible.

A case that involved a three-year police investigation, thousands of pages of statements and 160 witnesses — and a case that dominated four years of Carol Matthey’s life — was suddenly over before it reached trial.

After she left the court, Mrs Matthey walked along William Street smiling, declining to answer reporters’ questions until this one: “Are you not guilty, Carol?”

“No,” she said firmly.

The reporter pointed out the double negative and asked for clarification. Did she mean she was innocent? “Yes,” she said, chuckling, amused at the misunderstanding. Then she walked off the public stage and into the rest of her life.

The Supreme Court case against Mrs Matthey ended as a result of pre-trial hearings before Justice John Coldrey. In a complex 94-page judgement on October 12, he found most of the proposed evidence inadmissible under the law.

In legal terms, this is not an acquittal. A defendant against whom charges are withdrawn is not protected by double jeopardy and, theoretically, faces the prospect of another trial if new evidence emerges.

Mrs Matthey, 27, of Geelong, lost four children between 1998 and 2003. Jacob was seven months old, Chloe nine weeks old, Joshua three months and Shania three years and four months. At her committal hearing in March 2006, Mrs Matthey’s defence argued there was no physical evidence of harm done to any of the children. Her lawyers said it was possible the children shared an as-yet-undiscovered gene that caused a medical condition, such as a fatal cardiac arrhythmia, that led to their deaths.

 

Police yesterday declined to comment. The acting director of public prosecutions, Jeremy Rapke, QC, said the case was irreparably damaged when the judge deemed inadmissible much of the medical evidence.

Initially, Jacob and Chloe Matthey were found to have died from Sudden Infant Death Syndrome, and Joshua of klebsiella septicaemia. A police investigation began after the death of Shania, who was too old to have died of SIDS, and for whom no cause of death could be found. At the committal hearing, experts acknowledged SIDS was a “diagnosis of exclusion” — the cause of death used for babies when no other cause can be found. They said there were often no forensic clues that would differentiate natural SIDS from deliberate suffocation.

This left much of the expert medical evidence at the committal heated and contradictory. Four local forensic pathologists strongly argued the autopsies revealed no scientific evidence of harm to any of the children.

But a pediatrician from South Australia who specialized in SIDS, Dr Susan Beal, and a forensic pediatric pathologist from the US, Dr Janice Ophoven, were equally vehement homicide was the most likely explanation.

They argued that “scientific” evidence included the lack of risk factors for SIDS in some of the children; the rarity of four such deaths in one family; the troubled marriage; and the fact that the children had experienced “ALTEs” — apparent life-threatening episodes in which they stopped breathing or were found unconscious.

Dr Beal said: “ALTEs are not a predictor for SIDS; they’re a predictor for (homicide).”

Justice Coldrey ruled out most of the evidence of these two witnesses.

The conflict between the experts meant the Crown case relied on other evidence, such as Mrs Matthey’s relationship with her husband and children.

Justice Coldrey said the Crown had submitted that, particularly at times of ALTEs or deaths among the children, the marriage was under severe strain.

“Moreover, it is asserted that the relationship of Mrs Matthey to her children, evinced by unwanted and unplanned pregnancies, mediocre parenting and indifference to their deaths, would enable a jury to infer they were the unfortunate pawns in this strategy to bolster her marital situation,” he wrote.

Justice Coldrey found there was no discernible link between the timing of marital crises and the ALTEs or the deaths: “There is no foundation for the contention that the killings were designed to win back Stephen Matthey’s love and affection.”

While there was evidence of poor mothering, the judge wrote, other reports painted a picture of a woman “who was a concerned, caring and loving mother during the children’s lives, and a distressed and grieving one when they died”.

Mrs Matthey’s lawyer, Paul Lacava, SC, said there were no winners in the case. “Mrs Matthey and her husband have lost their children and their sadness is profound and ongoing.

 

I find it very strange that it used to be accepted if one baby died from SIDS then there was a chance that further babies could die from SIDS, yet these two women “experts” on a mission claim that it is impossible and that the deaths must be homicide. If this mother did in fact kill her children, then both of these “experts” have done a lot of harm to the prosecution case. The local pathologists, who had more than likely examined the bodies of the babies indicated that there was no scientific evidence of harm being done to the children. Why then should the Prosecution be allowed to build a case based upon the evidence of “experts” who had not performed any forensic pathology on the children. The Judge did the right thing striking down the charges. Carol Matthey does not walk away from the court as a totally free woman, because she could be charged again, but at least justice is seen to be done when a case that is not based upon fact, but upon “experts with a mission” has been struck down because of the lack of real evidence that would lead to a conviction.

22/10/2007

I found the earrings but over 100 boxes to go

We have just reached the one month anniversary of moving to Canberra. Oh how very exciting!! Besides the fact that I hardly know anybody in this hick town, I am already showing signs of being bored out of my mind. Yes, I still have over 100 boxes to be unpacked, but I just do not feel enthusiastic about doing the task. I am taking it one day at a time because there have been a few days when I have been too sore to bother with any unpacking. There has been a slight increase in the headaches caused no doubt from the arthritis in my neck and shoulders.

Anyway, I did continue unpacking boxes until I was successful in finding my pearl earrings - and then it was time to slump.  Then I decided that I had to find the knitting needles that I had not wanted the packers to pack in the first place (that is what happens when hubby is left in charge and he tells them to go for it), and now that I found one lot of the knitting needles, it is back to the slump, and goofing off.

I have managed to choose to throw out more clothing. Most of it is very outdated, and for whatever reason some of the clothes were never a good fit in the first place. I find that I need a good selection of clothing because my weight goes up and down like a yo-yo. In summer I tend to retain fluid and when that happens my body tends to blossom outwards. I gained some weight over the winter because of the stress relating to this move (I did not want to move in the first place).

There have been so many hassles with this particular move. First of all, there was the gazumping of the first house that we started to negotiate to buy. Then we had to return to Canberra from Sydney to find another property. I came down with a chill and that sparked off an arthritis flare due to the fact that I have an autoimmune disorder. The flare then caused me to be in pain a lot of the time as I was trying to sort things out and start packing boxes. Then when we moved, there was the hassle of the packers being Irish!!!  Within a week of our Sydney house going on the market we had a buyer. We decided to take the offer and the contracts were exchanged. All too easy we thought, but not so straightforward.

My husband had decided to build a room where he could play with his model trains. The room cost quite a bit of money to build, and council made us reinforce the concrete floor because of a known water easement. What we did not know, and it appears that council did not know, is that there was also a sewerage easement on the property. We did not find this out until the eleventh hour of the cooling off period. Great!! At first we could hardly believe that the information was true. So, my husband had to find out how he could verify the information and then seek approval after the fact from Sydney Water. EEK!!! He was mucked around because nobody seemed to know what was required to get the approval from Sydney water.

What is really annoying is the way in which the NSW government had legislated that Sydney Water was no longer under an obligation to inform householders about the whereabouts of the sewerage easements. In our case the easement was not on any of the plans that we possessed, such that when we purchased the place we were not aware of the easement's existence. We are left with this mess and out of pocket to the tune of $1000 and rising because Sydney water did not want the responsibility of providing vital information to householders or land owners. This is one of the real and existing problems that point to the corruption of the Carr-Iemma government. They were all too willing to introduce legislation that abrogated responsibility.

 

 

 

16/10/2007

Plan to exploit frozen IVF embryos



The California based company StemLifeLine has announced a plan to store stem cells from spare IVF embryos. However, this plan has angered UK scientists. The theory is that cells banked from one embryo could provide treatment for a sibling threatened by serious disease in the future.

Lord Robert Winston has hit out at the scheme stating that it is preying on parent's fears about the future of their children.

Stem cells are the master cells that are capable of growing into a wide variety of different tissues, and scientists believe that one day these stem cells can be harnessed to fight such diseases as Parkinson's Disease and Alzheimer's Disease. To date, there has not been any successful treatment developed from embryonic stems cells.

Whilst the Californian company claims that one day these cells "might be useful", Lord Winston has hit back stating that:

"There is no scientific evidence to sustain the notion that this will be a useful procedure. I would be horrified if anyone tried to do this in Britain."

Professor Stephen Minger, from Kings College, London, also spoke against the purpose of this company with the following comment:

"My worry is that this is a commercial service that is being promoted to companies when the sceince is not really there to justify it.

It is like trying to run before you can walk, and the fact it is being done for commercial purposes makes it worse."

10/10/2007

Settling down in the new location

It is almost a month since we moved from Sydney to Canberra. I still have over 100 boxes to unpack and I am taking my time. I am still feeling so very lonely and isolated. The isolation is made worse because I established such good friendships in Sydney, and the original friends that I had in Canberra in the past, well they were rather shallow friendships and I have not managed to re-connect with anyone.

Skittles and Ruby are settling into their new environment. It seems so strange, but Skittles is spending most of her time underneath my desk. She has done some outside exploration, but there have been days when she has point blank refused to go outside. However, what really gets me laughing has to be the way in which she will spend all day outside, and as soon as she comes in, she heads for her litter box !!

This week has been a small turning point because I managed to move outside of my confinement in the house. I have returned to daily Mass. It was such a relief to know that Mass is being offered in my new parish. I hit a snag when I made the first attempt to start going to the Mass. I did not know the precise location for this Mass and out of shyness I could not even ask anyone when I did attempt to turn up for the very first time. However, someone told me about the exact location and finally, I made the effort. I feel more at peace now.

There was one item of furniture that was damaged in the move - our wall unit that was over 20 years old. We went out to Fyshwick and found something as a replacement. We went to a few shops, and at the one that was probably the most expensive, the assistant had no idea what we meant by a wall unit!!. The new unit arrived last week, and to our dismay the mirror in the centre module has been cracked. With its arrival, though, we have begun to move a lot more of our good dishes and cutlery into this new unit. The entertainment unit that was used for the stereo and to hold our LP collection is to be dumped, for it is closer to 30 years old and it is looking very tatty these days. At the same time we purchased some new bar stool and this is where I came up with a new expression: The Goldilocks Test.

 

I have a very sore low back because of inflammation in my sacroiliac joint. If I sit on wooden seats for too long the pain can get out of control. Last November, when I fractured my coccyx for the second time in 30 years, I seemed to have sparked off a new round of inflammation, accompanied by pain. I did feel a lot better between March and June, and then I suffered a chill, followed by a secondary chest infection that needed to be treated with antibiotics, and it was hard to shake. As a result of this infection I have had a renewal of the pain. This also coincided with the amount of packing that I was doing on my own. Perhaps packing almost 10 boxes in a day was going a little too far, and yes I was rating more than 5 on the ouch factor scale. The pain was so bad at night, and once again, if I sat too long on any surface, I felt very stiff. There were other symtoms that were bothering me, and then I had a series of falls. The worst of these falls caused me to have a nasty scrape on my left knee, plus I had bruising on both knees at the same time. It was a real nightmare to have this happen just before the move. It meant that I was stiff and sore. Anyway, because of that sensitivity, I need to test the seats for comfort before purchase. Suddenly, it hit me, that testingout the furniture in this way is just like Goldilocks and the three bears. Some of the stool seats were too hard, none were too soft, and the ones that we purchased, were just right. 

 

 Alas, though, the new seats for the new church building in my new parish failed the Goldilocks test. The seat back is too low and it caused strain on my low back. I think that I can correct the problem with the use of an extra cushion that will support my back.

 

 

 

 

Anniversary of the bombing of the WTC

September 11 2007 will mark the sixth anniversary of the deaths of 3000 souls from the USA, Australia and from other parts of the world. Some of the people who were in the WTC on that day were also Muslim. Despite the insistence of the Troofers implicating George Bush and Mr. Cheney, the real truth is that this was a Jihadi attack by members of the RoP - that is the attackers were followers of the false prophet. On that day, 14 Arabs took over 4 aircraft in the USA, two of the planes went into the twin towers of the World Trade Centre, one smashed into the Pentagon, and another was brought down in a field in Pennsylvania. One of the perpetrators was a man named Mohammed Atta.

Just in case people have forgotten, these Jihadists subscribed to the Mohammedan ideal of the world wide Caliphate. This is the real attempt to bring about a one world government. However, too many people are loathe to admit that the real threat to our freedom is in fact coming from the jihadists. These people believe instead that the Pope and Vatican is the anti-Christ. Their refusal to see the truth is the one thing that keeps us bound in chains, and at the service of Satan. These are the same people who subscribe to the culture of death that permeates our society today.

Lest we forget about the victims of September 11, I remind my readers that these are the people who will never be forgotten. The brave souls on the flight over Pennsylvania knew that they would not get out alive, and so they tackled the hijackers, and by doing so they averted a more serious disaster.

The perpetrators have their just reward, but it is not a reward in heaven like they were led to believe. Instead they have received what was their due because God is always just. 

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