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Post by pinky on May 19, 2011 4:25:46 GMT -5
Any update on a certain Victorian worker who was supposed to have a court hearing sometime this month?
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Post by today on May 19, 2011 4:39:13 GMT -5
It was today. A previous post on Wingsbts and TMB: Barry received five charges for indecent assaults on one victim. The matter was adjourned to 19th May at Morwell for a plea of guilty.https://dailylists.magistratesvic.com.au....3&type=Criminal Case Number: A13163708 Case Date: 19 May 2011. 11:00 AM Prosecuting Agency: Victoria Police Informant: Lambert, L Accused: Barry, Ernest James Accused Representative firm name: Not Represented Hearing Type: Plea Guilty Prosecutor Representative Name: Not Represented Plea: No Plea Taken Location: Latrobe Valley Magistrates' Read more: wingsbts.proboards.com/index.cgi?board=lounge&action=display&thread=80#ixzz1Mn0OfMd5He was represented in court by a impressive and presumably costly defence team including barrister.
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Post by Interested to hear on May 19, 2011 6:02:38 GMT -5
Sounds like he was well represented. I'm hoping that the victim also received the same support from the "friends" or the equivalent in emotional support.
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Post by today on May 19, 2011 7:11:27 GMT -5
He was well supported including by David Leitch.
We hear there are at least 12 victims of this man's abuse. They too deserve financial support from the church for health & wellbeing costs. What is being done for them? If any victim was to sue, imagine the damages bill. This will be a big shake-up for several other Vic/Tas workers.
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Post by Scott Ross on May 19, 2011 9:12:30 GMT -5
Posted on the BTS board concerning the court case of Ernie Barry: EB was convicted and sentenced to six months jail. The conviction relates to multiple offences of sexual abuse of a child while EB was a senior worker in Vic/Tas. His barrister immediately appealed the sentence and EB was released on bail. The appeal will now be heard in the County Court at a date to be listed.
Ernie Barry was supported in court by members of his family and others, including at least one worker.
The Magistrate advised that he had the option of giving a 12 month sentence, however had reduced it to six months on the basis that the defendant had made an early guilty plea, had attended counseling sessions, had no prior convictions and had expressed remorse and in the Magistrate's opinion was unlikely to re-offend.
The only evidence that could be produced in Court was that from the one victim who was prepared to make a formal complaint. The Magistrate was therefore unaware that there were a series of allegations against Ernie Barry that would have painted a picture of a serial offender.Read more: wingsbts.proboards.com/index.cgi?board=lounge&action=display&thread=80#ixzz1Mo7sDgVh
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Post by remember on May 19, 2011 9:30:31 GMT -5
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aus1
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Post by aus1 on May 19, 2011 10:00:02 GMT -5
If David Leitch attended the court case, it indicates the workers support the offender.
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Post by ScholarGal on May 19, 2011 10:09:11 GMT -5
If David Leitch attended the court case, it indicates the workers support the offender. Do you mean support = not disowning someone and throwing them to the mercy of public defenders and social welfare? Or, do you mean support = not believing the accusations or validity of the conviction? Frankly, I would be more worried if the workers didn't send a representative to the trial. If another worker attended the trial, there is no way he can deny that the court convicted a fellow worker of a sex offense. The first step in solving a problem (worker committing sexual abuse) is to acknowledge there is a problem.
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Post by NSWquestioner on May 20, 2011 4:11:50 GMT -5
this David Leitch should declare his hand.
Which is it?
Has he publicly declared his support for the victims of this evil? What does that support translate to in practical terms for the victims if indeed it's there?
Would he publicly decry the evil of CSA? If so then it's OK for him to be there to encourage a fallen brother to repentance.
Interested to hear.
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Post by Interested to hear on May 20, 2011 4:40:36 GMT -5
From what I've heard David Leitch has avoided making any public comment regarding this situation and is quite right in doing so as the matter was going through the legal system. I'm assuming we will have wait until after the appeal for any comments from him.
However, some points for him to include ( I'm making the assumption that he or one of his mates will read this)
An admission that there has been a CSA problem amongst the friends and workers in Vic An apology on behalf of the workers who attempting to cover this up by ignoring problem Plans on ensuring that this problem will be addressed with greater compassion for victims should it arise in the future
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Post by Btw on May 20, 2011 7:42:23 GMT -5
Who provided the character reference for Ernie Barry (mentioned on the wingsbts site)?
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Post by Scott Ross on May 20, 2011 8:18:37 GMT -5
From the BTS board: As a spectator at yesterdays court hearing, I would like to express my feelings of joy at hearing the judge's verdict and sentence on the sex offender. The presiding Judge is a very respected judge who has had much experience with such cases. It was very disheartening to see the sex offender's very well paid defence counsel apply for an Appeal. We were under the impression that the sex offender was remorseful and understood the harm and the trauma he had caused and that he would accept what punishment the judicial system of our country would dish out. Clearly, he didnt believe he was going to get jail time. He believed he would get off with a slap on the wrist and the freedom to go off onto his newly purchased block of land and build his dream home where he would live freely and build furniture until he died. (information obtained from his defence counsel)
This is what is clear to me: * Ernie is NOT remorseful
If he were remorseful he would have taken the punishment handed to him... What is 6 months of his measley existence when he has inflicted decades of trauma, suffering and abuse to at least 13 young girls.. Spanning over a 40 year period.
If he were remorseful he would admit to ALL the abuse he has inflicted.. He would apologize to all of his victims, he would hand himself in to the Police and he would take whatever was coming to him. He would save his victims the further trauma and time delays for what is inevitably a Guilty Man and a Guilty Multiple Sex Offender..
Now .... Consider this.....
if this is the outcome of one courageous womans fight for justice to the abuse she endured at the hands of this predator, imagine what it may be if the other victims stood up and did the same! Imagine the freedom of letting go of the guilt, the trauma, the memories, and the suffering in silence that they have carried for possibly decades! Imagine standing side by side with the support and strength of other victims to bring this Child Molester to justice..
In the courts eyes, he has only abused one victim. In the court's eyes, he could be rehabilitated because it was 'only one victim' and he didnt show a pattern of sexual abuse or predatory behaviour. WE KNOW THATS NOT TRUE! How is he to be properly treated for his affinity to young children if he has not been truthful and he is seen to be a non-serious sex offender??
The people who have chosen not to come forward have unknowingly contributed to his status as a 'one victim sex offender' and therefore he will never be properly rehabilitated and will be a predator amongst children for the rest of his life!!
SILENCE IS CONSENT : If you stay silent you are only consenting to his behaviour being acceptable.Read more: wingsbts.proboards.com/index.cgi?board=lounge&action=display&thread=80#ixzz1MtkqUXrN
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cooee
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Post by cooee on May 20, 2011 9:59:54 GMT -5
NSWquestioner,
No one can put to much weight on any declaration David Leitch might make. He will declare one thing to one person and something quite different to someone else. In fact he will say anything that he thinks will be advantageous to his ruthless and unrelenting ambitions.
He is unstable, unreliable and has a propensity to handle the truth very carelessly.
His actions speak far louder than his words and throughout this whole disgusting matter, he has given far more support to the villain than to the victims.
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cooee
Junior Member
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Post by cooee on May 20, 2011 10:16:57 GMT -5
From Scott's post above,
"a newly purchased block of land, and build his dream home and live freely and build furniture...." (apparently a comment made by EB's defense counsel)
Sort of destroys the myth of the penniless unpaid preacher doesn't it? Clearly the paedophile is not penniless!!
He must have been given a significant sum of money from the organisations consolidated revenue fund. I wonder what the friends will think about that?
What sort of principles do the trustees of the fund have?
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Post by Jesse_Lackman on May 20, 2011 15:34:56 GMT -5
From the BTS board: who have chosen not to come forward have unknowingly contributed to his status as a 'one victim sex offender' and therefore he will never be properly rehabilitated and will be a predator amongst children for the rest of his life!!
SILENCE IS CONSENT : If you stay silent you are only consenting to his behaviour being acceptable.Read more: wingsbts.proboards.com/index.cgi?board=lounge&action=display&thread=80#ixzz1MtkqUXrNThat's an incredibly nasty attitude to have towards silent victims. Their silence is not consent, the observer is way out of bounds to pronounce that as if it's an absolute truth. This is a very good example of an agenda driven outside observer blaming victims - making them victims all over again - absolutely despicable in my opinion.
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Deleted
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Post by Deleted on May 20, 2011 17:28:52 GMT -5
The only reason for David Leitch being at Court would be to take care of the Visa debit card. Sounds like it has been getting a bit of a workout lately. I wonder if a statement will be made public.
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Post by Let me tell you on May 20, 2011 19:44:19 GMT -5
That's an incredibly nasty attitude to have towards silent victims. I'll tell you what is an "incredibly nasty attitude to have towards silent victims". When a church - one of whose senior ministers has sexually and serially abused young girls, then been convicted and given 6 months in gaol - totally ignores the emotional, spiritual and financial needs of those victims. Do you want to know where this is occurring? In Vic/Tas. It is high time for all women in those states to tell the male worker hierachy that abuse of them and their children MUST STOP. Supporting the criminal perpetrator, while leaving victims on the scrap heap, is compounding the immorality.
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Post by enough said on May 20, 2011 20:16:41 GMT -5
@ Jesse Lackman
I think you are overreacting a little bit! It sounds more like a plea for victims to come forward so his punishment could perhaps set a precedent and deter any future molestation of innocent children.
Let's not lose sight of the objective here. We cant change what has happened in the hands of this monster but we can seek justice, and educate ourselves and our children so they wont be blindsighted by a self gratifying worker who walks amongst us as a fraud.
Protect the innocent Punish the guilty That is all.
xxxxx xxxxxx is so far up his own behind, protecting his own backside that I would find it impossible that anything he says or does is in the best interest of the victims. He has no power, he has no compassion.. He is a programmed robot.
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Post by Let me tell you on May 20, 2011 20:38:51 GMT -5
Hey that's a bit harsh on DL ;D
The issue here is not about showing compassion to a fallen criminal ex-senior worker. He too needs help on the road to repentance and God's forgiveness.
It's about showing Christ's compassion towards all his victims, part of which may be encouraging them on the path to genuine healing. Often this only happens when the dreadful past is confronted and brought into the light. Other victims of this man now have this opportunity.
Incidentally, it's not doing victims or this man any favors by hiding it. This man needs to confront and repent of ALL his evil abuse, not just the ones he's been found out over.
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Post by enough said on May 20, 2011 21:10:17 GMT -5
Well said!
In regards to DL, he was one of the first to know, and the last to act. Everything he has said or done up til now has been as if he is acting one way, yet telling another story. The people of VIC/TAS had a right to know, and should have been provided a safe place to tell their story when this all came to light.. He made promises he never kept. How can u ask of someone to give themselves and pledge their allegiance to a church that does not disclose to its families of followers when their is a pedophile amongst its ranks?
Not talking about it does not mean it does not exist! Pretending to ignore it so it will just go away wont work. Its a matter that needs to be addressed. Not just here, but everywhere. The only way to protect our children is by teaching them its ok to speak up, and giving them a safe place to do so. It's not about bringing EB to justice anymore, as justice will be done, it's about protecting the innocent, its about changing ways, its about protecting human rights.
For example, if EB's first victim felt the confidence to confide in his/her parents, and something was done immediately, then perhaps his/her traumatic experiences would have been minimised, and also saved the lifetime trauma of the other 12 victims. The children need to feel they can speak up. Your children, grandchildren, neices and nephews will be free from the hands of deviat child molesters. The buck stops here.
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meg1
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Post by meg1 on May 20, 2011 21:31:07 GMT -5
Well said! In regards to DL, he was one of the first to know, and the last to act. Everything he has said or done up til now has been as if he is acting one way, yet telling another story. The people of VIC/TAS had a right to know, and should have been provided a safe place to tell their story when this all came to light.. He made promises he never kept. How can u ask of someone to give themselves and pledge their allegiance to a church that does not disclose to its families of followers when their is a pedophile amongst its ranks? Not talking about it does not mean it does not exist! Pretending to ignore it so it will just go away wont work. Its a matter that needs to be addressed. Not just here, but everywhere. The only way to protect our children is by teaching them its ok to speak up, and giving them a safe place to do so. It's not about bringing EB to justice anymore, as justice will be done, it's about protecting the innocent, its about changing ways, its about protecting human rights. For example, if EB's first victim felt the confidence to confide in his/her parents, and something was done immediately, then perhaps his/her traumatic experiences would have been minimised, and also saved the lifetime trauma of the other 12 victims. The children need to feel they can speak up. Your children, grandchildren, neices and nephews will be free from the hands of deviat child molesters. The buck stops here. I agree. The buck stops with us! In or out. Male or female. Cover and silence are no longer an acceptable option. Vicitms are wounded. They need the voice of those who should be protecting them. That's us! How do we do it??? Any ideas? Mine are a little radical at the moment.
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Post by spiders on May 21, 2011 4:08:36 GMT -5
Well said! In regards to DL, he was one of the first to know, and the last to act. Everything he has said or done up til now has been as if he is acting one way, yet telling another story. The people of VIC/TAS had a right to know, and should have been provided a safe place to tell their story when this all came to light.. He made promises he never kept. How can u ask of someone to give themselves and pledge their allegiance to a church that does not disclose to its families of followers when their is a pedophile amongst its ranks? Not talking about it does not mean it does not exist! Pretending to ignore it so it will just go away wont work. Its a matter that needs to be addressed. Not just here, but everywhere. The only way to protect our children is by teaching them its ok to speak up, and giving them a safe place to do so. It's not about bringing EB to justice anymore, as justice will be done, it's about protecting the innocent, its about changing ways, its about protecting human rights. For example, if EB's first victim felt the confidence to confide in his/her parents, and something was done immediately, then perhaps his/her traumatic experiences would have been minimised, and also saved the lifetime trauma of the other 12 victims. The children need to feel they can speak up. Your children, grandchildren, neices and nephews will be free from the hands of deviat child molesters. The buck stops here. Good points! As soon as the allegations against EB became known DL and others had the opportunity to get on the front foot and make a clear and unambiguous statement that this sort of behaviour is not tolerated by the ministry. It was a time to show some leadership, but instead they decided to do nothing and hope it would all go away. Instead more and more cases of CSA and sexual immorality became evident and the ministry went to extraordinary lengths to protect it's own reputation and not face up to what was happening. As EB has been convicted, DL has no excuse for making a clear and unequivocal statement against CSA and sexual immorality. An apology should be made to victims and an offer made to compensate them for all they have been through. EB will be used as a scapegoat and DL can then claim that it has all been dealt with by the authorities and that the rest of them are all pure and clean............................until the next brave victim comes forward to tell his/her story. Is this the way the a ministry purporting to be God's true ministry should act?
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cooee
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Post by cooee on May 21, 2011 7:12:14 GMT -5
Today at 4:18am spiders wrote:
"Is this the way the ministry purporting to be God's true ministry should act?"
Spiders,
Of course this is not the way the ministry purporting to be God's true ministry should act!
The reality is that the actions of some in the ministry, DL as a prime example, make you question if God has very much influence in the ministry at all.
Some like to strut around claiming for themselves the high moral ground, giving out that they are God's only true chosen servants. The actions / inactions conclusively prove otherwise.
DL certainly did waste an opportunity to announce to all that CSA and sexual immorality in all its manifestations would not be tolerated in the fellowship. Instead the old well worn rug has been brought into play.
Sorry to say, DL and all like minded individuals, that tactic is not going to work. These are different times. With your heads buried deeply in the sand, you possibly hadn't noticed.
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Post by elsewhere on May 21, 2011 21:47:47 GMT -5
These are different times. With your heads buried deeply in the sand, you possibly hadn't noticed. Someone else suggested his head was elsewhere than in the sand...
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cooee
Junior Member
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Post by cooee on May 22, 2011 2:00:30 GMT -5
elsewhere,
I did notice the comment.
I imagine that would be a physical impossibility at this time.
DL and a couple of the other blokes will have the sphincter muscle pulled up pretty tight.
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jay
New Member
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Post by jay on Jun 7, 2011 4:35:59 GMT -5
Re Court Case May 19
His barrister immediately appealed the sentence and EB was released on bail. The appeal will now be heard in the County Court at a date to be listed.
Any more word on the hearing date
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Post by day in court on Jun 7, 2011 7:19:17 GMT -5
You will just have to look online daily, or check the daily "Law List" published in "The Age" newspaper. home.vicnet.net.au/~vcclists/It's the Crime & Appeals list you want. Maybe someone will get advance warning. Could be quite an interesting turn-out for that County Court hearing. It's certainly ramping the whole issue up. Expect newspaper coverage.
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Deleted
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Post by Deleted on Jun 7, 2011 16:23:03 GMT -5
The sentencing in this case would have been governed by "legal" considerations, not emotional ones. It is possible that the magistrate did indeed know about the other victims, but since there were no charges or convictions in these cases he would not have been able to take them into account when sentencing (as separate offences).
It seems however, he has given EB the maximum sentence he felt he could, taking into account ALL factors in the case. In turn the defence counsel has felt that the sentence dished out to EB has been excessive for the charges faced in light of all factors (minus those cases not brought to court).
By this I mean it is possible the magistrate was aware of the other cases but was legally restrained from taking them into account. Instead he has given EB the max sentence he felt he could for the case being answered, taking into account the mitigating factors etc. It may be he was influenced by the outstanding matters, something he has to be careful about with regards to legal procedures and fairness to the accused.
The defence has felt the sentence excessive and has appealed against the sentence, not the conviction. The magistrate has done his best. It will be up to an appeal court to decide the final outcome. There is the risk they could actually increase the sentence if they feel he was dealt with too leniently. It happens.
At this stage the outcome is decided by legal considerations, not emotions. It is not about EB taking the maximum sentence on the chin through remorse or anything like that. He will be guided by his legal counsel who will be striving to get the best outcome for him. That's what they get paid for.
These are just my thoughts. I have not been following the case.
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