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QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 11:31 am
by human909
The good news is that charges eventually followed. The bad news is that again the police dropped the ball and the coroner had to pick it up to get any action on the matter.

https://www.couriermail.com.au/news/que ... b7b52722c5
A 46-YEAR-OLD woman has been charged with murdering a cyclist southwest of Brisbane.

Hong Kong national Shui Ki Chan was killed in an alleged hit and run six years ago on the Warrego Highway at Gatton.

Newtown woman Joanne Marie McCauley was today charged with one count of murder.

Police alleged Ms McCauley ran over the 25-year-old sometime during the evening of August 22 , 2012.

Mr Chan’s body was located in a ditch next to the highway the following morning by passing motorists.

An inquest in 2016 heard he died from hypothermia in the hours after he was allegedly mowed down.

Coroner John Hutton also savaged the police investigation into the death of Mr Chan, who had been in the country for just four months on a working holiday.

Ms McCauley is due to appear in Toowoomba Magistrates Court tomorrow.
Note though that this case is particularly unique. As death can't simply be waved away as oops the death was an accident. Perversely when a person dies instantly and you do a runner the chances of murder charges sticking are far less likely.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 11:36 am
by human909
Coroner's Report here:
http://www.courts.qld.gov.au/__data/ass ... 171102.pdf

"Due to the inadequacies I have found with Detective Senior Constable David Neumann’s criminal investigation, and with the assistance he provided to me during my coronial investigation, I refer his conduct to the Commissioner of the Queensland Police Service, for consideration as to whether any disciplinary action should be taken

(Plenty more detail there in the coronal report.)

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 11:41 am
by Cheesewheel
Definitely an interesting case to follow. It would be good to know what the actual premise is for pressing the murder charge given the high numbers getting off on the hook on the pretext that they thought they hit a wheelibin or didnt hear anything or in the case of overwhelming evidence, plead the SMIDSY.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 11:43 am
by human909
Cheesewheel wrote:It would be good to know what the actual premise is for pressing the murder charge given the high numbers getting off on the hook on the pretext that they thought they hit a wheelibin or didnt hear anything or in the case of overwhelming evidence, plead the SMIDSY.
No law expert. But I believe a big part of it would be the fact that the rider died AFTER the collision and was entirely the result of a clear decision of the accused. The decision to flee the scene.

EDIT: Or more likely the evidence:

From the evidence obtained during the coronial investigation and inquest,
I have determined that Ms McCauley has admitted to the following 14
witnesses that she purposely hit Mr Chan with her vehicle
:


a. Mr Peter Jay Arrowsmith (Ms McCauley’s son);
b. Mr Tyran Checkley (Ms McCauley’s son);
c. Ms Skye Maas (Ms McCauley’s daughter);
d. Ms Angelina Johnston (Ms McCauley’s sister);
e. Ms Rachel McCauley (Ms McCauley’s sister);
f. Mr Phillip Thow (informant and homosexual partner of Ms
McCauley’s son, Mr Peter Jay Arrowsmith);
g. Mr Robert (‘Billy’) Allen (Ms McCauley’s former spouse (her spouse
at the time of the incident) and ‘drug acquaintance’);
h. Mr James Dyer (MS McCauley’s most recent former spouse and
‘drug acquaintance’. Also a former spouse of Ms McCauley’s
daughter, Ms Skye Maas);
i. Ms Trudy Hay (Ms McCauley’s former spouse’s, Mr Leslie Escuder’s
mother);
j. Mr John Urquhart (Ms McCauley’s former landlord, lover, and ‘drug
acquaintance’);
k. Mr Peter John Arrowsmith (Ms McCauley’s ex-husband and father
of Mr Peter Jay Arrowsmith);
l. Mr Jessie Carloss (Ms McCauley’s former friend and ‘drug
acquaintance’);Findings of inquest into the death of Shui Ki Chan 15
m. Ms Sarah Ann-Margaret Lees (Mr Jessie Carloss’ spouse, and
former friend and ‘drug acquaintance’ of Ms McCauley); and
n. Mr Graham Johansen (Ms McCauley’s former friend and ‘drug
acquaintance’).

72. The version of events given by McCauley to the 14 witnesses varied
slightly, but the common theme was that she:
a. Was on drugs (or ‘the white stuff’ as she referred to it) at the time;
b. Was initially trying to get around the cyclist;
c. Blared her horn at him;
d. Observed Mr Chan do the finger to her (and he may have called her
names);
e. Didn’t like Asians (or “tomato thieves” as she referred to them);
f. Turned her vehicle around after she had passed Mr Chan on his
bicycle and then purposely hit him with her vehicle; and
g. Then reversed over him again to make sure he was dead.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 11:50 am
by AdelaidePeter
She allegedly told 14 people she did it deliberately: https://www.qt.com.au/news/cop-slammed- ... d/3255496/

The inquest, including criticism of the original police investigation, is here http://www.courts.qld.gov.au/__data/ass ... 171102.pdf . Thumbs down to the police, but well done to coroner John Hutton.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 11:52 am
by fergy1987
Jeez the cop on that case is useless.....losing the confession tapes etc.....something that seemed like a simple hit n run blew out massively :| - disgraceful people.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 12:03 pm
by Cheesewheel
human909 wrote:
Cheesewheel wrote:It would be good to know what the actual premise is for pressing the murder charge given the high numbers getting off on the hook on the pretext that they thought they hit a wheelibin or didnt hear anything or in the case of overwhelming evidence, plead the SMIDSY.
No law expert. But I believe a big part of it would be the fact that the rider died AFTER the collision and was entirely the result of a clear decision of the accused. The decision to flee the scene.

EDIT: Or more likely the evidence:

From the evidence obtained during the coronial investigation and inquest,
I have determined that Ms McCauley has admitted to the following 14
witnesses that she purposely hit Mr Chan with her vehicle
:


a. Mr Peter Jay Arrowsmith (Ms McCauley’s son);
b. Mr Tyran Checkley (Ms McCauley’s son);
c. Ms Skye Maas (Ms McCauley’s daughter);
d. Ms Angelina Johnston (Ms McCauley’s sister);
e. Ms Rachel McCauley (Ms McCauley’s sister);
f. Mr Phillip Thow (informant and homosexual partner of Ms
McCauley’s son, Mr Peter Jay Arrowsmith);
g. Mr Robert (‘Billy’) Allen (Ms McCauley’s former spouse (her spouse
at the time of the incident) and ‘drug acquaintance’);
h. Mr James Dyer (MS McCauley’s most recent former spouse and
‘drug acquaintance’. Also a former spouse of Ms McCauley’s
daughter, Ms Skye Maas);
i. Ms Trudy Hay (Ms McCauley’s former spouse’s, Mr Leslie Escuder’s
mother);
j. Mr John Urquhart (Ms McCauley’s former landlord, lover, and ‘drug
acquaintance’);
k. Mr Peter John Arrowsmith (Ms McCauley’s ex-husband and father
of Mr Peter Jay Arrowsmith);
l. Mr Jessie Carloss (Ms McCauley’s former friend and ‘drug
acquaintance’);Findings of inquest into the death of Shui Ki Chan 15
m. Ms Sarah Ann-Margaret Lees (Mr Jessie Carloss’ spouse, and
former friend and ‘drug acquaintance’ of Ms McCauley); and
n. Mr Graham Johansen (Ms McCauley’s former friend and ‘drug
acquaintance’).

72. The version of events given by McCauley to the 14 witnesses varied
slightly, but the common theme was that she:
a. Was on drugs (or ‘the white stuff’ as she referred to it) at the time;
b. Was initially trying to get around the cyclist;
c. Blared her horn at him;
d. Observed Mr Chan do the finger to her (and he may have called her
names);
e. Didn’t like Asians (or “tomato thieves” as she referred to them);
f. Turned her vehicle around after she had passed Mr Chan on his
bicycle and then purposely hit him with her vehicle; and
g. Then reversed over him again to make sure he was dead.
Wow.
Didn't realize the case involved such an upstanding example of australian values.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 12:21 pm
by fergy1987
Also just realised that the Doctor that died was actually on Malaysian Airlines MH370 - so many odd things going on

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 12:28 pm
by Scott_C
fergy1987 wrote:Jeez the cop on that case is useless.....losing the confession tapes etc.....something that seemed like a simple hit n run blew out massively :| - disgraceful people.
In the time between screwing up the initial investigation and failing to provide sufficient assistance to the enquiry the cop involved was charged (and cleared) with computer hacking for alleged unauthorised use of a police database:
http://www.abc.net.au/news/2017-07-18/q ... ng/8717470
Senior Constable David Brendan Neumann was found not guilty in court last month [June 2017] after the Queensland Police Service laid hacking charges against him.
So during the inquest it appears he was basically screwing with QPS daring them to fire him after failing to convict him for hacking.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 12:46 pm
by AdelaidePeter
fergy1987 wrote:Also just realised that the Doctor that died was actually on Malaysian Airlines MH370 - so many odd things going on
The doctor (Roger Guard) was on MH17, but that's nothing more than a coincidence. It doesn't seem to have affected anything, either.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 1:16 pm
by familyguy
AdelaidePeter wrote:
fergy1987 wrote:Also just realised that the Doctor that died was actually on Malaysian Airlines MH370 - so many odd things going on
The doctor (Roger Guard) was on MH17, but that's nothing more than a coincidence. It doesn't seem to have affected anything, either.
Cause that's a whole 'nother level of "conspiracy" that it seems Ms. McCauley would be quite incapable of. I am frankly surprised she can tie her own shoelaces.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 3:06 pm
by uart
Wow it really sounds like that investigating police officer just couldn't be bothered - given that it was *only* a cyclist.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 3:16 pm
by Cheesewheel
To be fair, she only did what cyclist-haters proudly boast about liking to do in their social media posts.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 3:18 pm
by Cheesewheel
uart wrote:Wow it really sounds like that investigating police officer just couldn't be bothered - given that it was *only* a cyclist.
Sounds like the officer is surrounded by a whole different level of douche above and beyond mere animosity and/or indifference to cyclists.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Thu Jul 12, 2018 4:30 pm
by AdelaidePeter
Cheesewheel wrote:
uart wrote:Wow it really sounds like that investigating police officer just couldn't be bothered - given that it was *only* a cyclist.
Sounds like the officer is surrounded by a whole different level of douche above and beyond mere animosity and/or indifference to cyclists.
I suspect "only a Chinese tourist" is at least as likely an explanation. In fact, one point in the coroner's report suggests the (alleged) crime itself was racially motivated.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Fri Jul 13, 2018 2:11 pm
by fat and old
Say What is up with Qld?
f. Mr Phillip Thow (informant and homosexual partner of Ms
McCauley’s son, Mr Peter Jay Arrowsmith);
Aye? Homosexual? This needs to be defined? Is there any legal reason the bloke's not referred to as "partner"?

The level of douche don't stop with the witnesses.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Fri Jul 13, 2018 2:43 pm
by find_bruce
fat and old wrote:Say What is up with Qld?
f. Mr Phillip Thow (informant and homosexual partner of Ms
McCauley’s son, Mr Peter Jay Arrowsmith);
Aye? Homosexual? This needs to be defined? Is there any legal reason the bloke's not referred to as "partner"?

The level of douche don't stop with the witnesses.
All a bit odd, as was "Ms McCauley’s most recent former spouse and ‘drug acquaintance’. Also a former spouse of Ms McCauley’s daughter" - not sure how it is relevant apart from the whole Woody Allen eeeewwww factor

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Fri Jul 13, 2018 6:55 pm
by fat and old
Maybe the coroner’s an Innisfail native?

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Fri Jul 13, 2018 9:23 pm
by CKinnard
How do people non-reliant on welfare or crime proceeds find the time and energy to be regular drug users?

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Sat Jul 14, 2018 6:21 am
by fat and old
Easy.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Sat Jul 14, 2018 7:49 am
by find_bruce
CKinnard wrote:How do people non-reliant on welfare or crime proceeds find the time and energy to be regular drug users?
just spend some more time in drug courts - plenty of wealthy “upstanding citizens” are regular drug users. Welfare doesn’t pay enough for drugs without other means of support

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Sat Jul 14, 2018 8:14 am
by human909
CKinnard wrote:How do people non-reliant on welfare or crime proceeds find the time and energy to be regular drug users?
I enjoy beer kinda regularly. I know that isn't the type of drug you were meaning but the costs and time requirements aren't much different.

Being a regular drug users and a functional member of society is quite common.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Sat Jul 14, 2018 11:49 am
by CKinnard
human909 wrote:
CKinnard wrote:How do people non-reliant on welfare or crime proceeds find the time and energy to be regular drug users?
I enjoy beer kinda regularly. I know that isn't the type of drug you were meaning but the costs and time requirements aren't much different.

Being a regular drug users and a functional member of society is quite common.
I worked in international advertising decades ago, so was familiar with'functional drug addicts'.

Most eventually fall over, usually by 45 - anxiety, irritability, impulsivity, depression, poor insight into slower or scrambled cognitive processing, general unreliability.

Divorce and reduced access to kids commonly throws them into a sea of existential angst where they revisit heavier reliability on hooch, mdma, amphetamine variants, cocaine.

No drug gives a survival or success advantage when the full life span is considered.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Sat Jul 14, 2018 3:07 pm
by human909
CKinnard wrote:No drug gives a survival or success advantage when the full life span is considered.
That is an extraordinarily broad statement statement. There is plenty of positive evidence for many many drugs, legal, illegal and prescription.

I am going well off topic now but I would love to see some good research on moderate use of various drugs. Here is a quick one to a common drug of choice: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3922918/ Of course even many of the "harmful" ones might have net positive influences both directly and indirectly on health.

Re: QLD - Murder Charge following a fatal bicycle collision

Posted: Sat Jul 14, 2018 5:35 pm
by CKinnard
human909 wrote:
CKinnard wrote:No drug gives a survival or success advantage when the full life span is considered.
That is an extraordinarily broad statement statement. There is plenty of positive evidence for many many drugs, legal, illegal and prescription.
I am referring to illicit drugs, and I'll throw alcohol and nicotine in. And my view is from personal experimentation in the distant past, in generally well controlled circumstances, with overwhelmingly commercial laboratory product (sympathomimetics, anaesthetics, analgesics, cannabinoids, halluncinogenics). If I had my time again, I'd not touch the stuff as I think the mind and human potential are fascinating enough with unexplored potentials.

And I appreciate that some agents that were once considered a gateway to hell, become preferred prescription medications.... i.e. ketamine.

Anyway, back on topic. The woman that killed the cyclist was a serious mess, and heavily addicted by all accounts, enough to lose her credentials as a human imho.