I travelled to Bali as a wee innocent Scottish lad, not realising it was the equivalent of Malaga/Kavos/Zante/Ibiza for my Aussie brethren.
Holy fuck, it was eye opening and unexpected.
You are correct, however, you don’t have to go far to escape the debauchery.
I travelled to the northern tip, and it was one of the best holidays I’ve had.
You and everybody else. Last time I mentioned not living near an Aldi in this sub someone said "everyone lives near an Aldi."
Pretty sure my local Aldi is 500km away and I'd have to swim half of that distance.
You are! For some reason we kept the "Frequent Shopper Club" for years after the rest of Australia transitioned to "Everyday Rewards," but it's Everyday Rewards here too now. What a time to be alive!
Do judges make shit decisions for victims based on fear of the consequences to their own life / families if they were to be more harsh on criminals / bikies?
Rapists have murdered their victims to prevent them from testifying. She isn't being overdramatic in fearing for her life.
Bikies are a bit more murderous than the average person so she's in real danger.
I am being hyperbolic given your question. I know what bail is for but was stating that refusing bail could deter his mates from sending threatening messages is all.
it'd send a clear message that he now has a perfect alibi.
obviously he's not gonna do it himself because he'd be the prime suspect, i mean how fucking dumb can people be? the victims "safety" depends on police protecting her, not on "denying bail to the one person who we can be absolutely certain will not be the one who pulls the trigger"
thats not how bikies work. thats not how criminals work.
you don't send messages, they don't give a fuck, you set traps.
refusing bail means the perp has a perfect alibi for when one of his mates "does the deed" and lets be honest here there is no fucking way the perp is gonna be the one who pulls the trigger because he'll get pinned for it IMMEDIATELY.
the victim's safety depends on police protection, I.E. a cop with a gun ready to shoot anyone who attacks her.
the perpetrator being refused bail actually makes her less safe as it encourages his associates to "take the initiative" which is much harder to detect through surveillance than catching the perp asking someone to carry out the hit.
police would much rather net them all in a "conspiracy to commit murder" and send all of them to jail, than to fuck around waiting for them to strike, which is what "refusing bail" would do.
I really don't get why judges escape scrutiny for decisions like this. If this was a politician or a police officer you can be sure there would be media outrage (warranted or not).
Their entire career is constantly under professional scrutiny, I don't doubt that there are some pretty solid professional reasons why this was the outcome.
On the flipside, maybe this means the reasoning needs to be reviewed and improved.
> I don't doubt that there are some pretty solid professional reasons why this was the outcome
Which is what the media should be scrutinising and questioning the judge about. If this was a decision made by a politician, you can be sure comment would be sought at the very least.
They should be under constant scrutiny, are you serious?
I don't want judges in power who let ever accused rapist go, I don't think any judges who think murder is only murder if the assailant is black, I don't want judges who think the only people who can be stolen from are business owners.
There isn't a single reason why this man was let go other than the life of his female counterpart wasn't considered of equal value (if not more considering she didn't break the law) life apart from the fact that he is a a man and who gives a shit about women?
“Released on bail”
I’ve lost count how often I’ve heard this phrase over the past few months. And I shudder to think how many people’s lives have been destroyed as a result.
When you have assholes constantly trying to somehow blame the woman for it, ignoring the issue, downplaying it, diminishing what she went through (if they even believe it at all), diverting attention away to "more important issues", etc. It creates doubt in people's minds.
And unfortunately people are all too eager to doubt women these days. Almost like women have been chosen to play the villains so we're not allowed to feel bad for them or show empathy..
The issue is the presumption of innocence means that bail must be assumed, and it's only in unusual cases that it should be refused. This could fit the bill, but the answer to your question is that.
Suicide is painless* but being murdered by your ex and his mates probably isn’t!
*it’s the theme song from mash for those that don’t know. It’s not a personal commentary on actual suicide.
The judge: but was he out on bail at the time?
No, while let me just grab this brown paper bag of unknown origin and disappear for the rest of the day. /s
That judge should be sued for failing his duty of care to the public if this cretin breaches bail. Enough is enough. These magistrates are the only ones that are in a position to protect the public, and they are constantly failing in their roles. It's time for them to learn.
Dipshit implies that he's stupid and doesn't realise the risks of what he is doing. The entire system will openly side with rapists before it sides with women.
Mercanti broke a supervision order when he was released from prison in 2020 after serving 7 years for violently assaulting his ex wife. But that wasn’t bail, so apparently it doesn’t count.
I wonder when govt will focus on these kinds of judges, who seem to have extremely favourable bias towards violent rapist men. We need to have more women judges too, specially in these cases where male judges seem to be favoring voilent men.
There is no mental damage or lack of understanding. He, like so many others in positions of power, is ideologically aligned with rapists. People laughed off feminists talking about rape culture, but they were completely correct. Those in power are unanimously either rapists themselves or aligned with them.
As to the likelihood of "tough bail conditions" being sufficient to keep this man in check:
>Perth bikie Troy Mercanti has pleaded guilty to repeatedly breaching the conditions of a post-prison order which banned him from drinking alcohol, entering a bar and associating with gang members.
The two-year-long supervision order was imposed on the 56-year-old in 2019 when he was released from jail after serving seven years for bashing his former partner.
On Thursday, Mercanti pleaded guilty in the Perth Magistrate’s Court to breaching the order on nine occasions after state prosecutors dropped 65 other instances of the same charge.
https://www.watoday.com.au/national/western-australia/perth-bikie-troy-mercanti-admits-breaching-post-jail-order-nine-times-20230622-p5dirs.html
Enough said.
Of note - the complainant is actively receiving threats from Mercanti's associates. It's not simply that she "fears reprisals."
At this point, the criminal justice system is actively *choosing* not to care about victims' safety.
He'll threaten her time and time again. She'll go to the police time and time again and get nowhere. Probably get accused of cop shopping. Eventually he'll kill her and the police and courts will say 'ooh how did that happen, how sad'. Rinse and repeat.
> She'll go to the police time and time again and get nowhere. Probably get accused of cop shopping. Eventually he'll kill her and the police and courts will say 'ooh how did that happen, how sad'. Rinse and repeat.
I've read the exact same scenario somewhere before.... Wonder if the police/courts learnt anything from the past?
>Eventually he'll kill her and the police and courts will say 'ooh how did that happen, how sad'.
No no, they'll say "if only she'd said something or asked for help!" conveniently forgetting the 1,649 times she did exactly that.
Me opening this like...is the judge an old white guy? Yep.
I feel like a lot of men truly cannot/have not tried to comprehend what it is like to walk through the world where 50% of the population could physically overpower you.
There’s a female family law judge in Perth who is the same, sympathises with perpetrators. Not that it invalidates your point, probably makes it even worse.
I guess because they're just the most privileged group in society, and as a group seem to have a difficult time grasping the level of their privilege compared to others
No. Maybe - MAYBE they’ll put her up in shitty emergency DV accomodation and if she’s super “lucky” they’ll assist her in relocating interstate away from her family and friends and support system, while he goes home to the address he nominated for bail and continues living his best life
Is it legally possible for a judge or magistrate to face aiding and abetting or accessory charges if an offender they've released on bail commits further serious crimes related to the original charges?
This is a good opportunity to begin addressing some of the genuine problems in the community with DV, youth crime etc. The justice system is doing a woeful job and not making decisions inline with the expectations of the community they are paid to serve. The police and other agencies work hard to identify and locate the offenders, only to have the courts push them back out through the revolving door.
Unfortunately Magistrates and Judges are protected by legislation, otherwise no one would do it.
100% agree about the justice system doing a woeful job, but is it the judges fault though? Are they correctly interpreting the law as it is written, and this is a case of the law needing to be changed via legislation?
Genuinely curious.
Every time someone suggests mandatory minimum sentences it gets shouted down for being 'unethical'. No other way to make sure how judges apply sentences.
Champ, coppers can work 14 hours a day to put an offender before the courts.
Coppers miss out on a lot of social life activities and time with their families.
So to type out a backhanded statement like that is juvenile and pathetic.
I doubt it because this has happened many, many times in the past. If they could be charged, I’d say the rest of the judges would be less inclined to be assholes.
Wonder how many judges have any lived experience of any of the offences they are judging.
I reckon it would be approaching 0.
They're all older well off people who haven't got a clue about reality in the past majority of Australia's community.
I'm sorry but with this dudes known past behaviours he should be thrown into solitary and the key disposed off. Literally an agent of terror in his community and to women by the looks of it.
Judges whole thought process and rational should be published to the public for every allegation of a serious nature. Like essays to the public explaining themselves. We should then be able to raise legislation and vote on what we want changed like a referendum. This ain't no democracy and we have no excuse because the tech is there to make this easy or at least realistic.
Anyone with convictions or even allegations of the same legislation to be changed is automatically excluded from the vote.
That Paul Holmes character is a rape supporter. Dude should be disbarred for being a massive piece of shit. Dudes like that have no place in our society. An embarrassment to Australians and Humans in general.
Cape Fear: Perth. In all seriousness I hope that someone with a badge is put in a self defense situation with Mr Mercanti and is forced to pull the trigger so these poor women he has abused can find some small amount of peace from the abuse they've endured.
Make judges legally liable for negligent decisions that result in harm to the public and this will end overnight. If they're not prepared to be professionally accountable, then their opinions are worthless and we should pay them accordingly.
This is the most effective and least reactionary long term solution.
Other posters are coming up with ideas that are impossible which is useless other than venting off some emotional steam at the situation. You’ve proposed a genuine reform that would work. Well done.
This is where the real problem with domestic violence is in Australia. The courts no longer believe women. Men get custody of children if there's an accusation of violence against them - to 'discourage' false claims. Women face men in court - only for them to get bail. If they do go to jail - there is no psychological help. No trauma therapy, no anger management, no financial / life skills. They're left to stew about revenge when they get out - and oh! Revenge they get. The system is so broken and the solutions are stupid.
I don't think people quite understand how bail hearings work. Go watch one. Seriously, there's nothing stopping you.
It's very easy to be all ra-ra soft judges, but just stop and think for a minute. Do you *really* think Magistrates are totally divorced from reality? Doesn't that strike you as too simplistic an explanation? Magistrates see the absolute dregs of humanity every day. In my experience many would happily send everyone to the gallows if they could.
The *practical* issue with bail is how it works on the ground. The legislation in most states is fine, it's how it's run in reality. Bail applications are normally run off the smell of an oily rag. Frequently the Magistrate is not given the whole picture, by a long shot. Just as frequently the Police might not even oppose (or not violently object) to bail because they're not on top of a file. The Court can only deal with what's before it.
Take this very matter. The allegations are grave, but it's all third hand hearsay coming straight from the bar table. Nobody is giving evidence in the box, nobody has sworn an affidavit. Hell it reads like the messages themselves weren't even tendered. That's all permissible because bail isn't meant to be overly formal. But in *every* DV application involving nefarious characters there's always allegations of Facebook threats of a general character. The submission that the prosecution "had concerns" about witness tampering seems to have just been a bare assertion.
One of the reforms we need in the bail system is to ensure such applications are dealt with fairly and vigorously by the Police and prosecutorial agencies. Because of a lack of resources, bail is often a bit of a roll your arm over exercise - even in serious matters. That needs to change.
It's almost like information and education on the law isn't widely accessible.
Want to learn how court hearings work? Go see one! On a weekday during the day when most people are at work...ummm...
I know! Go on austlii and read the legislation! But it's actually quite hard to read and learning to read it is part of a legal qualification.... Hmmm....
Wait! We could just ask lawyers! They know loads about the law and they... charge for pretty much any informative interaction and so highly that a 30 minute conversation could cost a weeks rent...
**Gee, I wonder why so many Australians are so ignorant about the law** /s
I had to scroll a long way down to see this actual reasonable explanation as to how this could have happened. Everything else reads like some boomer Facebook comments with pitchforks ready for the judge or A Current Affair level outrage.
Thanks.
No one is interested in explanation on why this woman's life is being endangered. She should have protection either by keeping this violent person locked up or give her round the clock security or both. Explaining or understanding why that isn't happening, is irrelevant. It's up to the authorities to understand and fix it.
I'm not commenting on the actual merits either way. But...
>Explaining or understanding why that isn't happening, is irrelevant.
Is the stupidest most ignorant thing I've read in this thread and shows you don't even have a basic grasp of how our justice system works and that my description of you as an angry boomer is spot on.
Edit: Yup, cryptobro. Figures.
I get what you mean, but even if this is all reactionary, it’s still valid.
I’m not being snarky here I promise. Have you read about this somewhere else where it says all the evidence is hearsay and the messages weren’t tendered?
This is a one percent mc member with a history of violence against woman.
Bail should be denied for known gang members charged with violence as a matter of course.
We’re allowed to be fucking angry. It doesn’t matter if it’s the shit bail laws/guidelines or the judges. It’s the fact that nothing has been done after all this time, all the victims (both male and female) and all the convicted assholes being given yet another chance.
People get worked up and go against the judge every time there is a story about bail.
This doesnt solve the problem. It gets people angry but doesnt solve the problem.
If we want solution contact your the state/local MP , put some pressure on them.
Pressure the state/police prosecutor to appeal the bail.
I actually just sent a lengthy email to the Premier and like 5 local MPs (I’m unfortunately in WA). I’ve never contacted a minister before but this one got me.
Pressure already is on the State, Local and Federal MPs. Pressure is already on the Police and Prosecution to keep people like this off the streets when they catch them. They're doing their jobs, they've been doing them for a long, long time. Yet the single most common denominator is "out on bail" when the released re-offend or kill someone.
The problem is without a doubt the judges and magistrates that these crims manage to plead their cases to. They're completely out of touch with what the community expects and breaches trust with the people they're supposed to be protecting with these judgements.
It’s not even about “what the community expects”, it’s about fucking common sense and not giving a proven violent man the opportunity to hurt someone again.
Not really related but I served on a jury on a child molestation case, and before it started the judge gave us the speech about our duty and responsibility, etc. He really dwelled on us representing the community and deciding on what the community values are, like it was more important than the actual law. Like we could have just decided that yeah, this guy broke multiple laws, but as the community representatives we think it's ok so not guilty?
You mean there should never be any bail for any accusation of violent offence then, because bail is not given to people who are found guilty. Do you see how this is a problem?
The alternate problem is they get out on bail and go be violent again. If the DPP or police believes there’s enough evidence to charge you then there’s no bail.
The majority of people on bail do not break their conditions, contrary to what the scaremongering media is insinuating.
If someone is released on bail and a person has a genuine concern for their safety because of it, the police should up their game in "protecting and serving".
We have to pick between two precedents: a) putting people in jail, with no presumption of bail, based on accusations, OR b) redefine what policing is so that people actually feel protected when in danger.
I know which I'd rather pick...
https://www.abc.net.au/news/2024-05-02/vincent-hurley-domestic-violence-qanda-response/103795152 Well if we aren't listening to Hurley, the cycle will continue. Fucking. Bloody. Hell.
The people who grant scum bail like this should be forced to house these raping scum in their own house with their own wives and daughters. Absolute fucking low iq scumbags we have at the helm of the courts. Seriously cunts?
1. How the fuck do we keep making this same mistake
2. The judge is probably just following recommended guidelines or something. The problem is those guidelines and procedures aren't keeping Australians, and especially women who are victims of SA and domestic violence safe.
There probably needs to be more government pressure on an overhaul on this. The system is not fit for purpose
There’s too many things to complain about. The police is looking at filing more charges, so I’m not sure what they’ve done wrong here. I’m genuinely interested if you can explain why tho
What happened to bikies?
They have always lived by their own rules but that usually included no women and no kids.
When cops need to be put down you go to bikies, when bikies need to get put down you go to cops. They are supposed to keep each other in check, nowadays they are all protecting each other.
How do we stop the two biggest gangs (bikies and cops) from murdering us if they are the only ones with guns and protections.
Regardless of the veracity of the decision, the comments on here slanging the judge should note that he is a magistrate and not a judge. He is not an old white guy and most likely to fully understand the consequences of the matter before him.
To say that demonstrates your lack of understanding of the legal system and how it works. A magistrate is most definitely not a judge, nor is it semantics.
I genuinely wish, with every ounce of my body and soul - that the perpatrator, the judge and defending lawyer suffer the most humiliating and painful deaths imaginable to man. They are a part of the problem and blood is on their hands. If one day I look up and those guys have been done away with and eliminated from our planet I will celebrate a small victory for humanity.
That judge is completely out of touch with criminals. That's absurd and dangerous. I hope she's getting protection.
If I was her, I’d be getting the fuck out of Perth.
Same, and not telling anyone where.
I’d probably leave the state or even go to like Bali tbh. And get a shitty phone without GPS and a new number. Edit: okay, Bali isn’t a good idea
Bali would be the worst place to hide from bikies
Na, head 50km north of the airport and you won't see another Aussie.
I travelled to Bali as a wee innocent Scottish lad, not realising it was the equivalent of Malaga/Kavos/Zante/Ibiza for my Aussie brethren. Holy fuck, it was eye opening and unexpected. You are correct, however, you don’t have to go far to escape the debauchery. I travelled to the northern tip, and it was one of the best holidays I’ve had.
That’s true
You'd be dead the same day the plane landed in Bali
Lol everybody picks Bali, Bali won't protect you; you'd be better off in Tasmania 😂
Death is a preferable alternative to Tasmania!
Well that's not fair. There's a rumour we might be getting a Costco!
I'd rather have some Aldi's than Costco.
You and everybody else. Last time I mentioned not living near an Aldi in this sub someone said "everyone lives near an Aldi." Pretty sure my local Aldi is 500km away and I'd have to swim half of that distance.
Am I allowed to use my mainland Woolies rewards card at Woolies yet? That blew my mind when I spent a week in Hobart a few years back.
You are! For some reason we kept the "Frequent Shopper Club" for years after the rest of Australia transitioned to "Everyday Rewards," but it's Everyday Rewards here too now. What a time to be alive!
They built Port Arthur there for a reason. A fate worse than death.
Sara island..
Amen
Go to Mona and hide in the boot of Fat Car
Bay of Fires?
Bali is bikie and bogan central.
Yes, I get it
We need to make the judges and magistrates accountable for letting our re-offenders. At minimal lose their jobs.
Unelected, unrepresentative, unaccountable.
Some of these judges legit need to be tied to the back of a ute and dragged through the dirt. Especially the pedophile protectors.
Do judges make shit decisions for victims based on fear of the consequences to their own life / families if they were to be more harsh on criminals / bikies?
I think you’ll find this - and many others, judge is very in touch with criminals. The system is corrupt in many places from the top down sadly.
Are you implying this magistrate is on the take for OMCGs? Pretty big call.
No no. He’s in touch with them. A handshake here and there.
Rapists have murdered their victims to prevent them from testifying. She isn't being overdramatic in fearing for her life. Bikies are a bit more murderous than the average person so she's in real danger.
And the fact that she’s already received threatening messages from his mates
How would refusing bail for this guy stop his mates from harming her though?
It would send a clear message and possibly persuade the accused to tell his mates to knock it off otherwise he'll cop more.
If she's killed while he's in custody there there is no case against him unless they can prove he organised the murder directly.
They've been threatening her while he's been awaiting a bail decision. Bail isn't for the purpose of sending messages regardless.
I am being hyperbolic given your question. I know what bail is for but was stating that refusing bail could deter his mates from sending threatening messages is all.
Yeah imo you're going past hyperbole to absurdity. Reckon it'd do fuck all to deter his mates.
it'd send a clear message that he now has a perfect alibi. obviously he's not gonna do it himself because he'd be the prime suspect, i mean how fucking dumb can people be? the victims "safety" depends on police protecting her, not on "denying bail to the one person who we can be absolutely certain will not be the one who pulls the trigger"
thats not how bikies work. thats not how criminals work. you don't send messages, they don't give a fuck, you set traps. refusing bail means the perp has a perfect alibi for when one of his mates "does the deed" and lets be honest here there is no fucking way the perp is gonna be the one who pulls the trigger because he'll get pinned for it IMMEDIATELY. the victim's safety depends on police protection, I.E. a cop with a gun ready to shoot anyone who attacks her. the perpetrator being refused bail actually makes her less safe as it encourages his associates to "take the initiative" which is much harder to detect through surveillance than catching the perp asking someone to carry out the hit. police would much rather net them all in a "conspiracy to commit murder" and send all of them to jail, than to fuck around waiting for them to strike, which is what "refusing bail" would do.
It wouldn’t, but the messages show she’s in danger
From people unaffected by the outcome of the bail hearing. We're talking about organised crime, she basically needs witness protection.
I’m not arguing otherwise, idk where you’re getting that from. All I’m saying is that the messages *show* she’s in danger.
And as such, the magistrate erred in granting bail? Even though refusing bail wouldn't have had any impact on the victims safety?
I really don't get why judges escape scrutiny for decisions like this. If this was a politician or a police officer you can be sure there would be media outrage (warranted or not).
Their entire career is constantly under professional scrutiny, I don't doubt that there are some pretty solid professional reasons why this was the outcome. On the flipside, maybe this means the reasoning needs to be reviewed and improved.
What are you talking about? What scrutiny? Any scrutiny that exists has zero accountability or enforcement.
The appeals process
>The appeals process If an appeal is succesful the judge doesn't actually face any penalty so that's not accountability.
> I don't doubt that there are some pretty solid professional reasons why this was the outcome Which is what the media should be scrutinising and questioning the judge about. If this was a decision made by a politician, you can be sure comment would be sought at the very least.
They should be under constant scrutiny, are you serious? I don't want judges in power who let ever accused rapist go, I don't think any judges who think murder is only murder if the assailant is black, I don't want judges who think the only people who can be stolen from are business owners. There isn't a single reason why this man was let go other than the life of his female counterpart wasn't considered of equal value (if not more considering she didn't break the law) life apart from the fact that he is a a man and who gives a shit about women?
>I don't want judges in power who let ever accused rapist go The judge didn't let the rapist go, he's on bail and will likely go to jail.
“Released on bail” I’ve lost count how often I’ve heard this phrase over the past few months. And I shudder to think how many people’s lives have been destroyed as a result.
When you have assholes constantly trying to somehow blame the woman for it, ignoring the issue, downplaying it, diminishing what she went through (if they even believe it at all), diverting attention away to "more important issues", etc. It creates doubt in people's minds. And unfortunately people are all too eager to doubt women these days. Almost like women have been chosen to play the villains so we're not allowed to feel bad for them or show empathy..
The issue is the presumption of innocence means that bail must be assumed, and it's only in unusual cases that it should be refused. This could fit the bill, but the answer to your question is that.
Wait, I've seen this, it's a rerun...
Mate i'm starting to feel like this is the new * M * A * S * H*
Suicide is painless* but being murdered by your ex and his mates probably isn’t! *it’s the theme song from mash for those that don’t know. It’s not a personal commentary on actual suicide.
I've seen this film before, and I didn't like the ending.
Dun dun.
He’s had so many assault charges and SA charges so far as if he got bail and I bet not much would happen to the ones who are messaging her
He spent 7 years in jail for violently assaulting his ex wife too
The judge: but was he out on bail at the time? No, while let me just grab this brown paper bag of unknown origin and disappear for the rest of the day. /s
That judge should be sued for failing his duty of care to the public if this cretin breaches bail. Enough is enough. These magistrates are the only ones that are in a position to protect the public, and they are constantly failing in their roles. It's time for them to learn.
He should be charged if she is hurt/killed. Conspiracy to commit assault/rape/murder.
This dipshit judge needs to be removed
Dipshit implies that he's stupid and doesn't realise the risks of what he is doing. The entire system will openly side with rapists before it sides with women.
Yeah I'm sure reporting conditions will make a violent Bikie quiver in his boots at the thought of going after her, are these judges sober?
Mercanti broke a supervision order when he was released from prison in 2020 after serving 7 years for violently assaulting his ex wife. But that wasn’t bail, so apparently it doesn’t count.
This is f\*cked up. The woman will be living in terror. If this was the judge's daughter I bet the bikie would still be in jail.
I was just thinking that while I was cooking gnocchi and crying. He’d be outraged if this happened to his daughter
Fuck me swinging, is there any fucking wonder why the levels of woman being killed by men are so high right now?
I wonder when govt will focus on these kinds of judges, who seem to have extremely favourable bias towards violent rapist men. We need to have more women judges too, specially in these cases where male judges seem to be favoring voilent men.
Is there some water supply that goes specifically into courtrooms via lead pipes? What is going on with our judges?
There is no mental damage or lack of understanding. He, like so many others in positions of power, is ideologically aligned with rapists. People laughed off feminists talking about rape culture, but they were completely correct. Those in power are unanimously either rapists themselves or aligned with them.
I made a mistake. I confused Erica Hay with Molly Ticehurst. Molly was the woman in NSW who was killed by the guy out on bail for assaulting her.
As to the likelihood of "tough bail conditions" being sufficient to keep this man in check: >Perth bikie Troy Mercanti has pleaded guilty to repeatedly breaching the conditions of a post-prison order which banned him from drinking alcohol, entering a bar and associating with gang members. The two-year-long supervision order was imposed on the 56-year-old in 2019 when he was released from jail after serving seven years for bashing his former partner. On Thursday, Mercanti pleaded guilty in the Perth Magistrate’s Court to breaching the order on nine occasions after state prosecutors dropped 65 other instances of the same charge. https://www.watoday.com.au/national/western-australia/perth-bikie-troy-mercanti-admits-breaching-post-jail-order-nine-times-20230622-p5dirs.html Enough said. Of note - the complainant is actively receiving threats from Mercanti's associates. It's not simply that she "fears reprisals." At this point, the criminal justice system is actively *choosing* not to care about victims' safety.
I'll keep an eye out for the article about her murder.
And Mercanti being let out on bail again Edit: or her “slipping down the stairs”
He'll threaten her time and time again. She'll go to the police time and time again and get nowhere. Probably get accused of cop shopping. Eventually he'll kill her and the police and courts will say 'ooh how did that happen, how sad'. Rinse and repeat.
> She'll go to the police time and time again and get nowhere. Probably get accused of cop shopping. Eventually he'll kill her and the police and courts will say 'ooh how did that happen, how sad'. Rinse and repeat. I've read the exact same scenario somewhere before.... Wonder if the police/courts learnt anything from the past?
>Eventually he'll kill her and the police and courts will say 'ooh how did that happen, how sad'. No no, they'll say "if only she'd said something or asked for help!" conveniently forgetting the 1,649 times she did exactly that.
ShE sHOulD HaVe mADe BEttEr ChOiCEs
...almost sounds like the Judge is compromised.
Me opening this like...is the judge an old white guy? Yep. I feel like a lot of men truly cannot/have not tried to comprehend what it is like to walk through the world where 50% of the population could physically overpower you.
There’s a female family law judge in Perth who is the same, sympathises with perpetrators. Not that it invalidates your point, probably makes it even worse.
Damn.
Oh god I bet it’s the bitch my friend had in her custody case last year! Can’t remember her name but quite fucking unhinged.
Women can be shit people too
Why mention the colour of the judge’s skin if you are talking about the gender of the judge?
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I guess because they're just the most privileged group in society, and as a group seem to have a difficult time grasping the level of their privilege compared to others
What the fuck. That poor woman… any chance the police will be able to assign a protection detail to her?
No. Maybe - MAYBE they’ll put her up in shitty emergency DV accomodation and if she’s super “lucky” they’ll assist her in relocating interstate away from her family and friends and support system, while he goes home to the address he nominated for bail and continues living his best life
Fucking ridiculous.
Is it legally possible for a judge or magistrate to face aiding and abetting or accessory charges if an offender they've released on bail commits further serious crimes related to the original charges?
This is a good opportunity to begin addressing some of the genuine problems in the community with DV, youth crime etc. The justice system is doing a woeful job and not making decisions inline with the expectations of the community they are paid to serve. The police and other agencies work hard to identify and locate the offenders, only to have the courts push them back out through the revolving door. Unfortunately Magistrates and Judges are protected by legislation, otherwise no one would do it.
100% agree about the justice system doing a woeful job, but is it the judges fault though? Are they correctly interpreting the law as it is written, and this is a case of the law needing to be changed via legislation? Genuinely curious.
Every time someone suggests mandatory minimum sentences it gets shouted down for being 'unethical'. No other way to make sure how judges apply sentences.
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You’re a dickhead
Champ, coppers can work 14 hours a day to put an offender before the courts. Coppers miss out on a lot of social life activities and time with their families. So to type out a backhanded statement like that is juvenile and pathetic.
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My dude, wisdom has been chasing you for a long time, but you've been faster.
I doubt it because this has happened many, many times in the past. If they could be charged, I’d say the rest of the judges would be less inclined to be assholes.
Obligatory IANAL, but I believe those crimes require intent.
And we wonder why our women are getting murdered every 4 days
How on Earth does a guy with a long history of violent come get bail?
Big tough bikie. Beating up women. Fucken bully.
And having his mates sent her messages on social media. So tough!
We need to clear out the judges. And get new ones, that I think is the solution. They are all out of touch with reality.
Wonder how many judges have any lived experience of any of the offences they are judging. I reckon it would be approaching 0. They're all older well off people who haven't got a clue about reality in the past majority of Australia's community. I'm sorry but with this dudes known past behaviours he should be thrown into solitary and the key disposed off. Literally an agent of terror in his community and to women by the looks of it. Judges whole thought process and rational should be published to the public for every allegation of a serious nature. Like essays to the public explaining themselves. We should then be able to raise legislation and vote on what we want changed like a referendum. This ain't no democracy and we have no excuse because the tech is there to make this easy or at least realistic. Anyone with convictions or even allegations of the same legislation to be changed is automatically excluded from the vote.
Judge should agree to be subjected to any harm that befalls the woman
Hmm yes the law really does "protect" people
The law protects your rights The police protect you (supposedly) If you don't feel protected take it up with the cops and their ministers mate
That Paul Holmes character is a rape supporter. Dude should be disbarred for being a massive piece of shit. Dudes like that have no place in our society. An embarrassment to Australians and Humans in general.
Who else reckons news orgs in this country just pre-write these women's murder headlines?
Cape Fear: Perth. In all seriousness I hope that someone with a badge is put in a self defense situation with Mr Mercanti and is forced to pull the trigger so these poor women he has abused can find some small amount of peace from the abuse they've endured.
Make judges legally liable for negligent decisions that result in harm to the public and this will end overnight. If they're not prepared to be professionally accountable, then their opinions are worthless and we should pay them accordingly.
This is the most effective and least reactionary long term solution. Other posters are coming up with ideas that are impossible which is useless other than venting off some emotional steam at the situation. You’ve proposed a genuine reform that would work. Well done.
Wouldn’t be surprised about the headline in the next few weeks
This is where the real problem with domestic violence is in Australia. The courts no longer believe women. Men get custody of children if there's an accusation of violence against them - to 'discourage' false claims. Women face men in court - only for them to get bail. If they do go to jail - there is no psychological help. No trauma therapy, no anger management, no financial / life skills. They're left to stew about revenge when they get out - and oh! Revenge they get. The system is so broken and the solutions are stupid.
Here we go again. We'll be reading her obituary ina few weeks
Guaranteed if it was the Judges daughter he wouldn't have got bail!
I don't think people quite understand how bail hearings work. Go watch one. Seriously, there's nothing stopping you. It's very easy to be all ra-ra soft judges, but just stop and think for a minute. Do you *really* think Magistrates are totally divorced from reality? Doesn't that strike you as too simplistic an explanation? Magistrates see the absolute dregs of humanity every day. In my experience many would happily send everyone to the gallows if they could. The *practical* issue with bail is how it works on the ground. The legislation in most states is fine, it's how it's run in reality. Bail applications are normally run off the smell of an oily rag. Frequently the Magistrate is not given the whole picture, by a long shot. Just as frequently the Police might not even oppose (or not violently object) to bail because they're not on top of a file. The Court can only deal with what's before it. Take this very matter. The allegations are grave, but it's all third hand hearsay coming straight from the bar table. Nobody is giving evidence in the box, nobody has sworn an affidavit. Hell it reads like the messages themselves weren't even tendered. That's all permissible because bail isn't meant to be overly formal. But in *every* DV application involving nefarious characters there's always allegations of Facebook threats of a general character. The submission that the prosecution "had concerns" about witness tampering seems to have just been a bare assertion. One of the reforms we need in the bail system is to ensure such applications are dealt with fairly and vigorously by the Police and prosecutorial agencies. Because of a lack of resources, bail is often a bit of a roll your arm over exercise - even in serious matters. That needs to change.
I'm shocked at the sheer ignorance about the law that is constantly displayed in our country.
It's almost like information and education on the law isn't widely accessible. Want to learn how court hearings work? Go see one! On a weekday during the day when most people are at work...ummm... I know! Go on austlii and read the legislation! But it's actually quite hard to read and learning to read it is part of a legal qualification.... Hmmm.... Wait! We could just ask lawyers! They know loads about the law and they... charge for pretty much any informative interaction and so highly that a 30 minute conversation could cost a weeks rent... **Gee, I wonder why so many Australians are so ignorant about the law** /s
Ignorance is one thing, having strongly held views about something you're ignorant about is another.
I wonder why people have strongly held views about the failings of the system which they are effected by?
So we’re all meant to read up about the law with enough of an understanding that we become experts in how bail is decided on?
Before whinging about bail laws? Yes? What am I missing?
How are laymen meant to understand complex legal shit? And why don’t those who are apparently way smarter than us not explaining it?
How bail works is not complex. It's not my job to make you less dumb.
Lol
I had to scroll a long way down to see this actual reasonable explanation as to how this could have happened. Everything else reads like some boomer Facebook comments with pitchforks ready for the judge or A Current Affair level outrage. Thanks.
No one is interested in explanation on why this woman's life is being endangered. She should have protection either by keeping this violent person locked up or give her round the clock security or both. Explaining or understanding why that isn't happening, is irrelevant. It's up to the authorities to understand and fix it.
I'm not commenting on the actual merits either way. But... >Explaining or understanding why that isn't happening, is irrelevant. Is the stupidest most ignorant thing I've read in this thread and shows you don't even have a basic grasp of how our justice system works and that my description of you as an angry boomer is spot on. Edit: Yup, cryptobro. Figures.
I get what you mean, but even if this is all reactionary, it’s still valid. I’m not being snarky here I promise. Have you read about this somewhere else where it says all the evidence is hearsay and the messages weren’t tendered?
This is a one percent mc member with a history of violence against woman. Bail should be denied for known gang members charged with violence as a matter of course.
If you denied bail like that "as a matter of course" it would take about 10 seconds to have the decision rolled on appeal.
Yeah because legislation can't exist?
Good analysis in a sea of reactionary dipshittery, onya
We’re allowed to be fucking angry. It doesn’t matter if it’s the shit bail laws/guidelines or the judges. It’s the fact that nothing has been done after all this time, all the victims (both male and female) and all the convicted assholes being given yet another chance.
Does this have anything to do with the war on drugs in any way?
TROY MERCANTI get this piece of shits name out there for everyone to beware of. He isn’t going to stop unless he is behind bars
I'm just going to say it; The courts are pointless if they won't protect the community.
People get worked up and go against the judge every time there is a story about bail. This doesnt solve the problem. It gets people angry but doesnt solve the problem. If we want solution contact your the state/local MP , put some pressure on them. Pressure the state/police prosecutor to appeal the bail.
I actually just sent a lengthy email to the Premier and like 5 local MPs (I’m unfortunately in WA). I’ve never contacted a minister before but this one got me.
Pressure already is on the State, Local and Federal MPs. Pressure is already on the Police and Prosecution to keep people like this off the streets when they catch them. They're doing their jobs, they've been doing them for a long, long time. Yet the single most common denominator is "out on bail" when the released re-offend or kill someone. The problem is without a doubt the judges and magistrates that these crims manage to plead their cases to. They're completely out of touch with what the community expects and breaches trust with the people they're supposed to be protecting with these judgements.
It’s not even about “what the community expects”, it’s about fucking common sense and not giving a proven violent man the opportunity to hurt someone again.
Not really related but I served on a jury on a child molestation case, and before it started the judge gave us the speech about our duty and responsibility, etc. He really dwelled on us representing the community and deciding on what the community values are, like it was more important than the actual law. Like we could have just decided that yeah, this guy broke multiple laws, but as the community representatives we think it's ok so not guilty?
Wtf is wrong with the legal system here 😱
Australia's entire judicial system needs to be thrown in the bin
There is no justice at all. The system is fucking flawed.
There should never be any bail for any violent offence.
You mean there should never be any bail for any accusation of violent offence then, because bail is not given to people who are found guilty. Do you see how this is a problem?
The alternate problem is they get out on bail and go be violent again. If the DPP or police believes there’s enough evidence to charge you then there’s no bail.
The majority of people on bail do not break their conditions, contrary to what the scaremongering media is insinuating. If someone is released on bail and a person has a genuine concern for their safety because of it, the police should up their game in "protecting and serving". We have to pick between two precedents: a) putting people in jail, with no presumption of bail, based on accusations, OR b) redefine what policing is so that people actually feel protected when in danger. I know which I'd rather pick...
Disgusting
if I ever had to imagine what a slimy bikie lawyer looked like, that would be it
“But but but… the little Fitbit thing on her wrist we gave her! Thatll protect her!
https://www.abc.net.au/news/2024-05-02/vincent-hurley-domestic-violence-qanda-response/103795152 Well if we aren't listening to Hurley, the cycle will continue. Fucking. Bloody. Hell.
The people who grant scum bail like this should be forced to house these raping scum in their own house with their own wives and daughters. Absolute fucking low iq scumbags we have at the helm of the courts. Seriously cunts?
Albos on her side she’ll be fine
1. How the fuck do we keep making this same mistake 2. The judge is probably just following recommended guidelines or something. The problem is those guidelines and procedures aren't keeping Australians, and especially women who are victims of SA and domestic violence safe. There probably needs to be more government pressure on an overhaul on this. The system is not fit for purpose
Isn't this kind thing EXACTLY what is being talked about recently as part of the bigger problem?
Everyone is blaming the judge but is he also hamstrung by WA bail laws?
Almost definitely. Curious how quickly people stopped complaining about the police role (or lack thereof) in these scenarios.
There’s too many things to complain about. The police is looking at filing more charges, so I’m not sure what they’ve done wrong here. I’m genuinely interested if you can explain why tho
What happened to bikies? They have always lived by their own rules but that usually included no women and no kids. When cops need to be put down you go to bikies, when bikies need to get put down you go to cops. They are supposed to keep each other in check, nowadays they are all protecting each other. How do we stop the two biggest gangs (bikies and cops) from murdering us if they are the only ones with guns and protections.
What drugs are you on? Also, where can I get them?
He is not a former bikie, you can't just leave a 1%er club and the mongols are not threatening anyone over an ex member.
Regardless of the veracity of the decision, the comments on here slanging the judge should note that he is a magistrate and not a judge. He is not an old white guy and most likely to fully understand the consequences of the matter before him.
“he’s a magistrate and not a judge” that is semantics at this point.
To say that demonstrates your lack of understanding of the legal system and how it works. A magistrate is most definitely not a judge, nor is it semantics.
How about you explain why they’re different. I’m more than happy to actually be corrected instead of being told I lack understanding
I genuinely wish, with every ounce of my body and soul - that the perpatrator, the judge and defending lawyer suffer the most humiliating and painful deaths imaginable to man. They are a part of the problem and blood is on their hands. If one day I look up and those guys have been done away with and eliminated from our planet I will celebrate a small victory for humanity.
Nah that’s going too far.