Thursday, January 8, 2015

Community Safety Manslaughter Death Fatality Vigilante Killing Woman Falsely Reports Rape. Fitzroy Gardens, Melbourne The Age June 24th 2000 Spurious Complaints, False Reports, Vigilantism, Hyper-Vigilantism



In this Hyper-Vigilant era it is worth remembering this Melbourne tragedy

and asking is this what we as a Society are about?


Pete Dowe







https://www.facebook.com/700111386718431/photos/a.745146415548261.1073741830.700111386718431/936717743057793/?type=1&theater 





With all due respect to the Australian Human Rights Commission I cannot understand how they can/ why they would inadvertently discriminate against and inadvertently neglect child victims of women, female victims of women as well as male victims of women


Pete Dowe



I have to commend Victorian Premier Daniel Andrews​ on addressing gender imbalance but I must also express my concerns re gender equality. 

I'm not so sure that rightly addressing gender imbalance on Victorian Government Boards and Courts automatically means gender equality. 

I hope people realise that all those who hold public office must be held to account to serve on behalf of the whole community with appropriate attitudes to both genders and reasonable, even-handed, gender-equal application of the law.




Pete Dowe  






She (Euvegina Tsionis) was convicted last year of making a false report to police and placed on a two-month intensive corrections order. 

She never explained why she lied about being raped. 

In one fiery exchange in court last year she agreed with Dieber's exasperated lawyer, Ian Hill, QC, that she had lied but rejected his suggestion she might feel partly responsible for the death of an innocent man. 

``Yes (I lied)," she said. ``It didn't give them the right to do what they did."




http://www.cones.com.au/cones-articles/2000/6/24/a-killing-lie-in-fitzroy-gardens/




She (Beverley Skinner) saw Whiteside pin Hibbins against a parked car. 

``He (Whiteside) just started beating into him," she said. Several cars passed by but none stopped. Then she saw another man join Whiteside. 

The blond-haired Dieber held Hibbins by his shoulders, stopping him from using his arms.

Skinner said Whiteside was ``punching the crap" out of Hibbins and as the attack continued she rushed to get a nurse. 

When she returned to the window she saw Hibbins slide to the ground. 



As Whiteside sat in an inner-city police station in the pre-dawn hours of that Monday morning he seemed bewildered by the tumultuous events and blamed fate for his predicament. 

``A woman was hurt and I went to have a look and I'm sorry it happened," he told police. 


``... I'm sorry what happened to the bloke...I was in the wrong place at the wrong time." 





Elizabeth Warren, a forensic psychologist called by the defence, examined Whiteside and 

said the air-conditioning mechanic was ``a warm, friendly sort of chap". His psychological test 

results revealed a lower-than-average tendency for violence or aggression


``He is not somebody who is walking around feeling perhaps that the world is being hard to him ... 

what anger he does feel he doesn't try and suppress," 


she said in the court hearing earlier this month when both men pleaded guilty to manslaughter.




http://www.cones.com.au/cones-articles/2000/6/24/a-killing-lie-in-fitzroy-gardens/


 


A Killing Lie In Fitzroy Gardens

The Age
Saturday June 24, 2000

CAROLINE MILBURN



WHEN Euvegina Tsionis woke at 9.30am on Anzac Day last year she treated herself to a breakfast of smoking two cones of cannabis through a bong. Tsionis, a former topless barmaid whose business cards say she provides ``adult entertainment", then embarked on a seven-hour pub crawl in St Kilda with her boyfriend. They had a fight, he dumped her on the edge of one of Melbourne's most beautiful parks, and in an hysterical state she told a group of strangers she had been raped. The lie set off a chain of events that ended in two young men beating an innocent stranger to death.
On that Sunday morning, as Tsionis was struggling out of bed, huge crowds were flocking to the city centre to watch war veterans march in the annual Anzac day parade. Pubs were filling up with Anzac revellers and football fans who were on their way to the match at the MCG between two of the most city's most popular teams, Essendon and Collingwood.
Tsionis had stayed with her boyfriend overnight and the pair decided to spend the day rollerblading in St Kilda. But like thousands of other people in Melbourne that day, they went to a pub instead.
Tsionis downed her first Jim Beam and Coke at 11.30am. Then she drank steadily until nightfall, wandering to four hotels, including the Esplanade and the Stokehouse bar. By the time she clambered into her boyfriend's car for the drive home she was so drunk she was staggering wildly.
They argued in the car because she wanted to go on to other hotels, he said later.
As the argument raged he stopped the car in Wellington Parade, next to the Fitzroy Gardens. Tsionis said she wanted to go for a walk and get some fresh air. She stumbled out of the car. Her boyfriend got out, grabbed her arm and tried to push her towards the vehicle but she swore at him and he drove off.
As cold darkness fell in the gardens Tsionis was shoeless, with one sock on and dressed in a singlet top. She staggered around and, sobbing hysterically, collapsed on the grass.
Several people stopped to help. Kristian Peter Dieber, 24, of North Ringwood, and John Whiteside, 28, of Heathmont, were among them.
The two men had also been drinking throughout the day but were not drunk. Earlier both men had met friends at the MCG Hotel before going to the Collingwood-Essendon game. At about 7pm, as they walked towards the city to go to another hotel, they came across Tsionis.
As shadows lengthened in the park Tsionis approached them and said she had been raped by two men. Then she yelled hysterically: ``Are you going to rape me, too?"
Someone offered her a mobile phone to call a taxi or the police and she chose the police. A policewoman answered. ``She asked me if I'd been assaulted or sexually assaulted and I said, `The second one'," Tsionis said.
Then, without any knowledge of what the supposed offenders looked like, Whiteside and Dieber rushed into the park to find her attackers. What followed was later described by one of their lawyers as ``a classic, shocking misunderstanding" of Shakespearean proportions.
Whiteside and Dieber came across two men, Keith Hibbins and David Campbell, strolling towards the area where Tsionis had been found. Campbell said he saw the two men running ``frantically" across the grass. He could smell alcohol as they approached and he felt the first twinges of fear. Campbell and Hibbins had been in a relationship for 15 years.
``I thought they might have been gay bashers," Campbell told the court. ``I look gay and so does Keith." Whiteside and Dieber told them a woman had been raped and Hibbins replied that they would get the police.
But Campbell was growing increasingly anxious. They were near an area of the park that was known to be a meeting place for gay men. And then, as the seconds ticked by, fearing they were going to be attacked by the other loud and aggressive pair, Campbell and Hibbins panicked.
``The taller one (Whiteside) yelled back, `We've already got the police' ... then Keith said `We've got to get out of here' and then he said, `Run!"'
Campbell raced across the grass towards St Andrews Place and Peter MacCallum Hospital but he tripped and fell. He felt the two men hitting him and heard someone say, ``I'm going to f------ kill you."
Campbell didn't know how many times he was hit because he said his mind shut down during the attack. ``When I fell, somebody pulled my head back and something hit me in the mouth. I don't know whether it was a fist or a foot." The blows stopped when he heard Hibbins shout, ``Leave him alone!"
Campbell dragged himself up and began to run again towards the safety of Lansdowne Street.
He saw Hibbins to his right, on a slight angle, running away from him.
When the breathless and distraught Campbell reached the road he flagged down an oncoming car, screaming: ``Somebody help us please!"
A man and woman got out of the car and the woman noticed blood on Campbell's face. As the couple ran to him Campbell looked back towards the park. He couldn't see the two men and he realised he had lost sight of his partner.
He later said he feared for Hibbins as they fled because his partner had fallen from a roof in 1993, fracturing his limbs. ``He had pins in his ... legs and arms, so he ran like a tin man."
While Campbell managed to escape his pursuers, Whiteside had caught up with the 45-year-old Hibbins as he reached the road outside Peter MacCallum. At the hospital's seventh-floor window, Beverley Skinner had taken a break from caring for her dying husband and was gazing down at the gloomy park below.
She saw Whiteside pin Hibbins against a parked car. ``He just started beating into him," she said. Several cars passed by but none stopped. Then she saw another man join Whiteside. The blond-haired Dieber held Hibbins by his shoulders, stopping him from using his arms.
Skinner said Whiteside was ``punching the crap" out of Hibbins and as the attack continued she rushed to get a nurse. When she returned to the window she saw Hibbins slide to the ground.
Blood was smeared across the car's bonnet; Hibbins' watch was smashed and his shirt torn. Eleven days later he died in hospital from his injuries without regaining consciousness.
In more than 700 pages of court transcript about the attack Keith Hibbins is a ghostly presence, often referred to as ``the unfortunate victim". Yet to his many friends, such as Lindy Russell, he is a vivid and cherished memory.
``Keith was so gentle and fun loving and always wanted people to be the best they could be," she told The Age on Thursday. ``He was the sort of person who would lift the spirits of others."
She said Campbell, his partner, was devastated by his death. ``David is so hurt, Keith was his world. It's going to be very, very hard for David to pick up the pieces and go on."
In their police interviews Whiteside and Dieber said they each punched Hibbins about four times while they scuffled with him and tried to detain him until the police arrived. They each blamed the other for the blow that knocked Hibbins unconscious. Once Hibbins fell on to the road they raced to the Peter MacCallum hospital to continue their search for Campbell.
How could such an event have happened? Dieber, an economics graduate with stellar academic results from Monash University, later told police he had never hit a person before that day. Forensic psychologists who examined the pair afterwards said neither man had a propensity for violence or aggression. Their defence lawyers said they were ordinary, decent young men who had no criminal convictions and dejectedly waited for police outside Peter MacCallum Hospital after the attack.
Elizabeth Warren, a forensic psychologist called by the defence, examined Whiteside and said the air-conditioning mechanic was ``a warm, friendly sort of chap". His psychological test results revealed a lower-than-average tendency for violence or aggression.
``He is not somebody who is walking around feeling perhaps that the world is being hard to him ... what anger he does feel he doesn't try and suppress," she said in the court hearing earlier this month when both men pleaded guilty to manslaughter.
As Whiteside sat in an inner-city police station in the pre-dawn hours of that Monday morning he seemed bewildered by the tumultuous events and blamed fate for his predicament. ``A woman was hurt and I went to have a look and I'm sorry it happened," he told police. ``... I'm sorry what happened to the bloke...I was in the wrong place at the wrong time."
The defence team argued that both men began with honorable intentions when they raced into the park to capture a rapist and make a citizen's arrest.
But the prosecution said any shred of honor vanished when the men's fists collided with the flesh of a terrified victim. ``There is an air about what happened, the ferocity of the assault on the deceased man, that he was in fact punished almost with a sense of rightousness," the prosecutor Bill Morgan-Payler, QC, told the court earlier this month.
Yesterday Justice Philip Cummins looked down at the two clean-cut young men in the dock as they sat close together on a long, leather bench. He condemned the brief, severe assault that caused Hibbins' death. He said their actions could not be justified as a citizen's arrest of a suspect because they punished Hibbins instead of apprehending him. However, he said, they were not vigilantes because their conduct was not premeditated. Instead it occurred because of an unplanned upsurge of emotion in both men. The judge said their behavior belonged in the least culpable category of manslaughter because they were decent young men who entered the park not looking for trouble, who reasonably believed a woman had been raped and who were then caught up in a perverse confluence of events for which they were truly sorry.
While sentencing both men Justice Cummins said the two men were responsible for their actions. He quoted Shakespeare's Julius Caesar:
Men at some time are masters of their fates The fault, dear Brutus, is not in our stars,But in ourselves...
But then he told the two men in the dock, ``... you and the victims were under a malevolent star that Anzac night". In deciding on their sentence, the judge said the great playwright's words were useful: ``Mercy reasons justice".
Whiteside and Dieber yesterday walked free from the court and into the arms of their weeping families. They were each sentenced to three years' jail, two-and-a-half years of which was suspended because each man had served six months in pre-sentence detention.

The judge also said it would be wrong to blame Tsionis for that night's unfolding tragedy.

She was convicted last year of making a false report to police and placed on a two-month intensive corrections order.

She never explained why she lied about being raped.

In one fiery exchange in court last year she agreed with Dieber's exasperated lawyer, Ian Hill, QC, that she had lied but rejected his suggestion she might feel partly responsible for the death of an innocent man.

``Yes (I lied)," she said. ``It didn't give them the right to do what they did."



© 2000 The Age

 



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