Italy court overturns Knox acquittal

This file picture taken on March 12, 2011 shows Amanda Knox in court before the start of a session of her appeal trial in Perugia's courthouse. Picture: AFP Source: AFP

Italy's highest court of appeal has overturned the acquittal of US student Amanda Knox and ordered a retrial over the murder of her British housemate in what prosecutors said was a drug-fuelled sex attack.

Knox and her Italian former boyfriend Raffaele Sollecito - originally sentenced to 26 and 25 years in prison for killing and sexually assaulting Meredith Kercher in 2007 - were acquitted on appeal in 2011 after four years in prison.

Both now face a retrial in a Florence court after judges upheld a 2012 prosecution appeal against their acquittals.

"It's not been easy from the start. We have had to climb a mountain, but we draw great strength both from being innocent and from the fact the court's ruling today is not a guilty verdict," Sollecito's lawyer Giulia Bongiorno said.

"The retrial means the court has decided some details need to be reviewed. The battle continues," she said.

Prosecutors addressing the court on Monday had said they were convinced the former lovers were guilty of murdering Kercher.

Calling for the judges to "make sure the final curtain does not drop on this shocking and dire crime," they said the acquittal, which was based mainly on the admissibility of DNA evidence in the case, contained "omissions and many mistakes".

Prosecutor general Luigi Riello had described it as "a rare mix of violation of the law and illogicality and should be overturned," and accused the appeal judge of having "lost of way".

Kercher, 21, was found half-naked with her throat slashed in a pool of blood in her bedroom in the house that she shared with Knox in November 2007.

A third person, Ivory Coast-born drifter Rudy Guede, who like the other two accused has always denied the murder, is the only person still in prison for the crime.

Kercher family lawyer Francesco Maresca punched the air in victory as the court's decision was read out, according to journalists present.

"This decision serves to review the definitive and final truth of Meredith's murder. Guede was not alone, the judges will tell us who was there with him," he said.

The family has long claimed that Knox and Sollecito's acquittals left too many questions unanswered.

They - and investigators - insist that 47 knife wounds on Meredith and the apparent use of two different knives in the attack meant that more than one killer had been involved.

Knox is likely to be tried in absentia. The Seattle student returned home immediately after her release and the United States does not normally extradite its citizens to face legal action.

Prosecutors had alleged that Kercher was killed in a drug-fuelled sex attack involving Knox, Sollecito and Guede.

They had said that it was the American student who delivered the final blows while the other two held the victim down.

The key to the appeal was an independent analysis of two pieces of evidence that had helped convict Knox and Sollecito - a kitchen knife and Kercher's bra clasp.

The appeals judge quashed the convictions of Knox and Sollecito in 2011 largely over the admissibility of DNA evidence.

The review cast serious doubt on the original analysis, with experts and video evidence pointing to sloppy practice among the police at the crime scene and possible contamination of the evidence.

Knox has been repeatedly painted by her accusers as a seductive "she-devil" who had an unhealthy obsession with sex, while her defence has insisted she is simply a naive girl-next-door, a yoga lover whose nickname "Foxy Knoxy" referred to her childhood football skills.

In her first interrogation following the murder, Knox - without a lawyer or an interpreter present - said that she was in the house at the time, and falsely identified the owner of a bar where she worked as a waitress as the killer.

She later said she was with Sollecito at his house all night and blamed her initial comments on exhaustion and police coercion.

Sollecito also changed his story under questioning, but both students later blamed exhaustion and police coercion for their contradictory statements, which were made without lawyers present.

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Italy court overturns Knox acquittal

This file picture taken on March 12, 2011 shows Amanda Knox in court before the start of a session of her appeal trial in Perugia's courthouse. Ms Knox said the decision to retry her for murder was "painful" and "unfounded". Picture: AFP Source: AFP

ITALY'S highest court of appeal overturned the acquittal of US student Amanda Knox and ordered a retrial over the murder of her British housemate in what prosecutors said was a drug-fuelled sex attack.

Ms Knox and her Italian former boyfriend Raffaele Sollecito - originally sentenced to 26 and 25 years in prison for killing and sexually assaulting Meredith Kercher in 2007 - were acquitted on appeal in 2011 after four years in prison.

Both now face a retrial in a Florence court after judges upheld a 2012 prosecution appeal against their acquittals.

Ms Knox, 25, said the news was "painful'' and insisted "the prosecution's theory of my involvement in Meredith's murder has been repeatedly revealed to be completely unfounded and unfair."

"No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity,'' she said in a statement.

Ms Knox's lawyer Carlo Dalla Vedova told journalists outside the Rome courthouse that the Seattle student was upset but "willing to fight''.

Ms Knox has not yet decided whether she will turn up for the trial, she said.

Amanda Knox cries following the verdict that overturned her conviction and acquits her of murdering her British roomate Meredith Kercher, at the Perugia court on Oct. 3, 2011. Picture: AP

Kercher, 21, was found half-naked with her throat slashed in a pool of blood in her bedroom in the house in the university town of Perugia that she shared with Ms Knox in November 2007.

Prosecutors had alleged that she was killed in a drug-fuelled sex attack, claiming Ms Knox delivered the final blows while Mr Sollecito and a third defendant held the victim down.

Investigators insist that 47 knife wounds on Kercher and the apparent use of two different knives in the attack meant that more than one killer had been involved.

Ms Knox returned to the US immediately after her release in 2011 and, should she not return to Italy, will likely be tried in absentia.

If convicted again, Italy may seek her extradition but the US does not normally hand over its citizens for legal action.

Mr Sollecito, who turned 29 on Tuesday, continued to protest his innocence.

Amanda Knox's lawyer Luciano Ghirga talks to journalists as he leaves Italy's Court of Cassation, in Rome. If she does not return to Italy, Ms Knox can be tried in absentia, but the US is unlikely to hand her over to Italian authorities even if she is found guilty again. Picture: AP

"I am disappointed. But I am innocent and can go on with my head held high,'' lawyer Luca Maori quoted him as saying.

"It's not been easy from the start. We have had to climb a mountain, but we draw great strength both from being innocent and from the fact the court's ruling today is not a guilty verdict," Mr Sollecito's lawyer Giulia Bongiorno said.

"The retrial means the court has decided some details need to be reviewed. The battle continues," she said.

Prosecutors told the court Monday they were convinced the former lovers were guilty of murdering Kercher.

Calling for the judges to "make sure the final curtain does not drop on this shocking and dire crime,'' they said the acquittal, which was based mainly on the admissibility of DNA evidence, contained "omissions and many mistakes''.

Prosecutor general Luigi Riello had described it as "a rare mix of violation of the law and illogicality.''

From left, Meredith Kercher's brother Lyle, sister Stephanie and mother Arline wait for the verdict in the Amanda Knox appeals trial at the Perugia court on Oct. 3, 2011. Picture: AP

The third accused, Ivory Coast-born drifter Rudy Guede, who has also denied the murder, is the only person still in prison for the crime.

Kercher family lawyer Francesco Maresca punched the air in victory at the court decision.

"This decision serves to review the definitive and final truth of Meredith's murder. Guede was not alone, the judges will tell us who was there with him,'' he said.

Kercher's older sister Stephanie said her family welcomed the ruling.

There are "still questions that are unanswered and we are all looking to find out the truth,'' she told Sky News.

The key to the appeal was an independent analysis of two pieces of evidence that had helped convict Ms Knox and Mr Sollecito - a kitchen knife and Kercher's bra clasp.

Amanda Knox and her former boyfriend Raffaele Sollecito will face retrial for the alleged murder of Meredith Kercher. Ms Knox has not decided if she will attend the retrial in Italy, her lawyer said. Picture: AFP

An appeals judge quashed the 2009 convictions of Ms Knox and Mr Sollecito in 2011 after the review cast serious doubt on the original analysis, with experts and video evidence pointing to sloppy practice among the police at the crime scene and possible contamination of evidence.

"The court of appeal in Florence will very likely look at all the evidence again, from scratch, possibly calling in new external DNA experts,'' said criminology professor Ernesto Savona.

Ms Knox has been repeatedly painted by her accusers as a seductive "she-devil'' who had an unhealthy obsession with sex, while her defence has insisted she is simply a naive girl-next-door, a yoga lover whose nickname "Foxy Knoxy'' referred to her childhood soccer skills.

In her first interrogation following the murder -without a lawyer or an interpreter present - Ms Knox said that she was in the house at the time, and falsely identified the owner of a bar where she worked as a waitress as the killer.

She later said she was with Mr Sollecito at his house all night and blamed her initial comments on exhaustion and police coercion.

Overnight, she expressed sympathy for Kercher's family, saying "our hearts go out to them.''

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Slipper excused from court

Former federal Speaker Peter Slipper. Picture: Gary Ramage Source: News Limited

PETER Slipper was excused from court today, after his lawyer got a two-week adjournment over his alleged misuse of taxpayer-funded taxi vouchers.

Magistrate David Mossop agreed to the matter being adjourned until April 8.

Mr Slipper has also been excused from attending.

Mr Slipper's lawyer told the court the adjournment was necessary because a submission had been made to the Director of Public Prosecutions.

It is not known what the submission is about, however it could possibly relate to monies being repaid to the commonwealth.

Mr Slipper was due to appear in the ACT Magistrates Court today to be formerly charged over the alleged Cabcharge fraud.

But his Queensland-based lawyer Peter Russo said he would not be entering a plea.

''There will be no plea entered today,'' Mr Russo said outside the court.

''It will be adjourned for two weeks.

''Until April 8.''

But Mr Slipper's lawyer will have to enter a plea at the next hearing.

Mr Slipper faces charges relating to three occasions in which he allegedly dishonestly used Cabcharge dockets to visit Canberra wineries in hire cars in 2010, amounting to $1194 in charges to the taxpayer.

He faces the possibility of a jail sentence, with the offences carrying a maximum penalty of five years' imprisonment if he is found guilty.

Mr Slipper last year denied misusing Cabcharge dockets, saying allegations against him were a ''complete farbrication''.

Mr Slipper, a former Liberal party member, resigned from the Speaker's position last year and now sits on the crossbenches as an independent federal MP for his Queensland seat of Fisher.

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ICAC head court test challenge

ICAC commissioner David Ipp displayed bias by failing to disclose discussions he had with the government about whether to grant or refuse a mining lease for the Mt Penny tenement, a court has heard.

In the Supreme Court yesterday, lawyers for mining baron Travers Duncan alleged the ICAC boss had shown a "reasonable apprehension of bias" when he failed to reveal the contact with Planning Minister Brad Hazzard and Premier's Department director-general Chris Eccles.

Mr Duncan's lawyers argued a "fair-minded observer" may believe Mr Ipp's exchange of calls and letters with the government during the inquiry indicated he had "pre-judged" Mr Duncan.

Mr Duncan wants to to shut down the partially completed corruption inquiry into the awarding of a lucrative mining exploration licence at Mt Penny, near Mudgee, by former minister Ian Macdonald.

Mr Duncan and his fellow investors in Cascade Coal stand to make tens or even hundreds of millions of dollars if the government gives planning approval for an open-cut mine on the site, which is currently subject to an exploration lease.

Mr Ipp's contact with Mr Eccles and Mr Hazzard occurred in January as the government weighed up whether the Planning Minister could use a new "public interest test", including corruption allegations, when assessing an application for a mine at Mt Penny.

Mr Duncan's barrister, Noel Hutley SC, told the court Mr Ipp had met with Mr Eccles on January 15, and they had spoken on the phone on January 31, where they discussed Mr Ipp's phone call with Mr Hazzard.

Mr Hutley said these meetings and discussions were not revealed publicly and "could be viewed" by a fair-minded observer as showing he is "other than frank and fair".

"The Commissioner has taken it upon himself to approach the head of the Premier's Department to (create) what he describes as a legislative pathway to" block the mine, Mr Hutley said.

Counsel for the ICAC, Brett Walker said Mr Ipp had done nothing wrong.

Mr Walker said Mr Ipp did not say "all bets are off, we are going to start again" and cancel Cascade Coal's right to mine Mt Penny.

"The criticism of Commissioner Ipp for not having disclosed his communications with Minister Hazzard and others is misplaced and has no rational bearing on the question of apprehended predetermination," Mr Walker said.

Mr Duncan has asked Justice Cliff Hoeben to order Mr Ipp be "restrained" from preparing his report to the NSW parliament, due to be handed down in late July.

Mr Ipp has repeatedly told the inquiry that he has not made findings against any of the players.

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'Fire tornado' video shown in court

Aerial view of Valley Span and surrounds.

WEEPING people fled the courtroom today as emotional amateur footage was played depicting the moment a deadly Black Saturday "fire tornado", which killed more than 100 people, approached St Andrews homes.

The lead plaintiff in the class action for compensation, Carol Matthews, cried through the four-and-a-half-minute video, shot only kilometres from the St Andrews home in which her 22-year-old son, Sam, died on February 7, 2009.

Robert Richter, QC, for Mrs Matthews, told the court the "entirely preventable" Kilmore East-King Lake fire was sparked due to the negligence of energy provider SPI Electricity.

"They did none of the things they should have done to prevent this old line from collapsing on Black Saturday and sparking the inferno that it did," Mr Richter told a packed courtroom.  

The fire killed 119 people, destroyed 1200 homes and caused an estimated $1 billion damage.

The court heard Sam Matthews, trained to fight fires by the CFA, told his mother on the phone as the inferno approached that a tree near the family home had just exploded.

Annotated view of pole-top assembly.

Mr Richter said she directed him to go to the bathroom and heard the windows explode. He said phone records show she unsuccessfully tried to call her son 15 more times, but he had died when the house burned down.

Mrs Matthews claims she has suffered significant psychological injuries as a result.

She represents more than 10,000 group members – including Darrin Gibson, who lost his partner, their two young daughters, three-year-old son, and parts of both his feet, which melted as he tried to save him family.

Mrs Matthews is also suing maintenance contractor Utility Services Corporation Limited, alleging it was negligent in its inspection and maintenance of the powerline, and the Department of Sustainability and Environment for allegedly failing to reduce fuel loads.

The DSE, CFA and Victoria Police are also facing allegations they failed to give appropriate warnings about the bushfire.

Carol Matthews was among those to address the people at the Black Saturday memorial service at St. Paul's Cathedral in Melbourne.

Mrs Matthews had alleged the CFA was negligent in failing to suppress the fire, but the claim was settled.
All the defendants deny the allegations and are fighting the claims.

In two separate recovery proceedings, the state government entities are claiming compensation for damage to government property from SPI and USC.

The Transport Accident Commission and the Victorian Workcover Authority are also claiming indemnity from payments made as a result of the bushfire from the power companies.

Justice Jack Forrest said he complied with the parties' requests to not read any report or documentation from the 2009 Victorian Bushfires Royal Commission, so "the trial starts on a blank canvas".

The total number of group members in the proceeding is estimated to be 10,450, of whom at least 1,100 bring personal injury claims, 5,950 bring property damage claims and 3,400 bring property damage and personal injury claims.

The Black Saturday bushfires claimed 173 lives.  

Affected people have until March 22 to register to join the group.

The Victorian government funded a purpose-built courtroom to accommodate the teams of barristers, dozens of expert witnesses and large numbers of people interested in attending the trial.

The thousands involved directly in the class action can watch the proceedings streamed live on the internet.

The trial is expected to run for nine months, but if liability is established, there could be years of further hearings on sub-issues of liability and damages.

Opening submissions began today and will last for one week.

The Black Saturday bushfires in February 2009 killed 173 people.

Four cases brought in relation to the other fires have settled.

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IT worker groomed 'child' for sex: court

AN IT worker employed by Queensland's Department of Education allegedly groomed for sex a police officer posing online as a young girl.

Arthur Borg, 50, faced the Brisbane Magistrates Court on Thursday charged with using a carriage service to groom a person under 16 years and three counts of using the internet to procure children under 16 years.

Police are alleging Borg used Facebook and other online networking sites to seduce what he believed was a 14-year-old girl.

He allegedly spoke to her online on a number of occasions between February 6 and 20.

He also allegedly spoke to another officer posing as the mother of the "girl".

Police say he was caught after he arranged to meet the "girl" at a train station in Brisbane's north on Wednesday afternoon.

Borg applied for bail, which was not opposed by the crown.

He was released on the condition he not use the internet for any purpose other than work or internet banking.

He must live at Zillmere and report to police twice a week.

The matter will be mentioned again in April.

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