Convicted murderer Scott Alan May acquitted on appeal

A convicted murderer sentenced to at least 27 years in jail has had his conviction quashed after Sydney judges found the key witness against him was "seriously psychiatrically unstable".

Scott Alan May, who has served nearly five-and-a-half years of a maximum 36 years' imprisonment for the murder of Andrew Heavens, was acquitted on Thursday by the Court of Criminal Appeal, with no retrial ordered.

It found a key witness in Mr May's trial was "incredible", and that there was a significant possibility Mr May was innocent.

Mr Heavens, 31, was shot three times in the chest in May 2003 in the grounds of Callan Park, near the former Sydney psychiatric hospital in inner-city Rozelle.

Mr May's childhood friend, Ryan Barry Burnes, pleaded guilty in 2007 to murder, contending he pulled the trigger at the behest of Mr May during a meeting between the three men.

The prosecution alleged Mr May wanted to take over Mr Heaven's heroin dealing business by obtaining his client base.

Burnes, a key witness in the trial, gave evidence that Mr May asked him if he would "go all the way" for him.

He alleged Mr May gave him a signal to shoot Mr Heavens by using the phrase "I am going back to get me (sic) wallet out of the car" and that he shot Mr Heavens as a result.

The trial heard Burnes had a long history of psychiatric illness and drug abuse and he admitted to hearing voices in his head.

Mr May, who has been in prison since January 2007, maintained he arranged to meet Mr Heavens at Leichhardt on the evening he was murdered, but he never showed up.

He appealed the guilty verdict on several grounds, including that the conviction was unreasonable and could not be supported by the evidence, and that directions given to the jury on the question of an extended joint criminal enterprise "occasioned a miscarriage of justice".

All three judges agreed the conviction should be quashed, but only two said a verdict of acquittal should be entered rather than a retrial.

Mr Heavens, 31, was shot three times in the chest in the grounds of Callan Park, near the former Sydney psychiatric hospital in inner-city Rozelle.

Mr May's childhood friend, Ryan Barry Burnes, pleaded guilty in 2007 to murder, contending he pulled the trigger at the behest of Mr May.

In September 2007, a magistrate had discharged Mr May, declining to commit him to face trial of a charge of murdering Mr Heavens, a slaying said to be drug-related.

But the Director of Public Prosecutions (DPP) later filed an ex-officio indictment, charging him with the murder.

Today, the NSW Court of Criminal Appeal quashed Mr May's murder conviction and entered a verdict of acquittal.

The judges said they could not be sufficiently satisfied that the jury ought not to have experienced a reasonable doubt.

They concluded that Burnes was a wholly incredible and unreliable witness.

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Crocodile found as police raid Essendon home

Police from the Santiago task force on Thursday raided nine properties and made 10 arrests as part of a long-running investigation into firearm and drug trafficking.


Detective Inspector Stephen Denis of the Santiago group said the guns recovered in Thursday's raids included two pen pistols and two sawn-off shotguns.


Police also found two stolen cars, two stolen motorcycles and an assortment of car parts.


The Santiago task force, formed in 2008, has investigated about 130 cases including several driveby shootings in Melbourne's west in which shots were fired into houses and cars.


Det Insp Denis said investigations leading to Thursday's operation, Indulge, began last November.


He said no charges had yet been laid and two of the men arrested had been released.


Detective Inspector Steve Dennis said the Special Operations Group was astonished to find the small crocodile in a tank at the home.


It is not known why the reptile was being kept there, with police turning it over to the Department of Sustainability and Environment.


There was no licence to have the animal on the property.


"Maybe he was just an exotic pet, I just don't know," said Det Insp Dennis.


"It's certainly something different. I've never seen a crocodile after executing a search warrant. This is a first for me."




POLICE REMOVE EVIDENCE AFTER THE RAIDS TODAY. PICTURE: DARREN MCNAMARA
He said the SOG also used sniffer dogs to raid a warehouse in Sunshine West.


Four men were arrested at the property after police found drugs, two pen pistols, long arms and one imitation revolver.


Two stolen cars and two stolen motorcycles were also found at the warehouse, which was being used as a car repairs shop.


Police will analyse powders found during the raids.


Of the 10 arrested, two men have been released to face drug-related matters.


Det Insp Dennis did not rule out making further arrests.

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Wealthy builder's strychnine death appeared unsuspicious, inquest told

Anthony Mooney, 47, died at his home near Hamilton on Father's Day in September 2008.


Post mortem tests showed he had suffered acute strychnine poisoning.


Senior Constable Anthony Pearson was one of the first police officers to attend the scene.


He told the inquest he watched paramedics as they tried to resuscitate Mr Mooney in a bedroom.


He said Mr Mooney's son and stepson were present and both appeared distressed.


Senior Constable Pearson took photos of Mr Mooney's body and searched the bedroom and a bathroom.


He said nothing appeared untoward and he did not consider the death suspicious.


He also took statements from two people about an altercation Mr Mooney had been involved in at a hotel the previous night.


Yesterday Professor Olaf Drummer, from the Victorian Institute of Forensic Medicine, told the inquest only nine cases of fatal strychnine poisoning have been recorded in Victoria and most were suicides.


The toxicologist told the inquest that Mr Mooney probably ingested the fatal dose of poison through something he ate or drank just before he died.


When they arrived at the property there was a distressed 20-year-old man walking around the driveway.


He later learned the man was Jeremy Johnson, Mr Mooney's stepson.


Sen-Constable Pearson said he went to a bedroom and saw a man wearing only underpants lying on his back on the floor.


The man was blue in colour and appeared to be dead but ambulance officers commenced efforts to try to revive him.


Mr Mooney's son Travis told Sen-Constable Pearson he had been attempting CPR on his father for 15 minutes.


The officer said he later took photographs of the scene in the bedroom and there appeared to be two 600ml Coca-Cola bottles on a table.


One of the Coke bottles was a quarter full.


Coroner Jacinta Heffey heard yesterday there were rumours in the Western District that Mr Mooney, 46, was slowly poisoned by strychnine in a tomato sauce bottle and there was expert evidence the lethal poison could have been disguised in Coca-Cola or food.


Sen-Constable Pearson said he was told on September 11 that Mr Mooney had died from pneumonia and there appeared to be nothing suspicious about the death.


It was only a month later he learned he had died from strychnine poisoning.


Mr Mooney died after his son Travis and Mr Johnson found him in severe pain and suffering seizures and convulsions on his bed.


Just over two hours earlier he had a meal of takeaway fried chicken.


Toxicology tests found he had swallowed massive amounts of strychnine poison shortly before his death at the Arrandoovong homestead near Hamilton.


Sen-Constable Pearson told the inquest that he was asked to investigate an incident at a local hotel involving Mr Mooney the night before the death.


He said he viewed CCTV footage from the hotel where it appeared Mr Mooney was involved in a scuffle with a man who had his shirt pulled off.


"No direct assaults were visible on the footage. although the deceased was seen to fall to the floor for a period of about ten seconds in a scuffle in the main bar," the officer said.


At one stage Mr Mooney went outside and returned. but he appeared to be uninjured.


Carpenter Steven Daniels, who worked for Mr Mooney, said he learned after his boss's death that he had been using strychnine to kill pests at the homestead property.


Mr Daniels said a week before he died Mr Mooney appeared lethargic but on September 6 he saw him at a local footy game and he appeared full of energy.


Mr Johnson also worked at his stepfather's business but he was eventually told there was not enough work and he was let go.


Mr Daniels said Mr Johnson and Mr Mooney were both headstrong characters and argued about issues concerning the farm.


Forensic pharmacologist Dr Olaf Drummer has said that 30mg of strychnine was enough to kill an adult.


Toxicology tests showed Mr Mooney had 1.8 mg per litre of the poison in his blood, 12mg per kg in his liver and 362mg in the contents of his stomach.


Counsel assisting the coroner, Chris Winneke, told the inquest yesterday if Mr Mooney did not commit suicide he was probably murdered shortly after swallowing the lethal poison.


Mr Mooney was a fit 46-year-old, a man who was a well-liked and generous father and whose relatives said had no reason to harm himself.


"The death is unlikely to have been caused by accidental poisoning," Mr Winneke told the inquest in Warrnambool.


"(It) must have come about by the deliberate conduct of some person, either Anthony Mooney himself or someone else."


Mr Winneke said at the time of his death his wife Elizabeth and their two young daughters were on a Pacific cruise and he was looking forward to their return.   


Farmer David Gordon, from Condah, told the inquest yesterday he regarded Mr Mooney as a brother and when he rang him at around 5pm on September 7 he was in good spirits.


Under cross-examination from Mr Winneke, Mr Gordon admitted he heard rumours that Mr Mooney was being slowly poisoned by strychnine in his tomato sauce.

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What happened on TV last night? MasterChef reviewe

What other explanation is there for the choice of "hero ingredients" and some of the brain infarctions featured in the raw food immunity challenge?
The similarities between Mindy's 'beat the (actual) chef' sequel and bun in the oven behaviour provides good viewing but may cause a rash and furry tongue courtesy of a fruit from across the Tasman.


George tempts Mindy with a fake Rolex and the coveted Immunity pin.
After dominating the Mexican challenge like a tourist learning she's been drinking 2-for-1 margaritas when the bar tab arrives at the end of the night, Mindy pulls on the white coat to take another a crack at immunity.
As she struts into the kitchen, Preston applauds her for her perfectly stuffed chillies from Sunday while George opens his coat to flash the pin.


It seems ironic that the day after Kath was sent packing for serving up raw food; Mindy gets to cook for immunity using only uncooked ingredients. Granted Kath was cooking a cake. And raw cakes (for want of a better, technical foodie term) suck.


But Mindy’s raw food sucked too, even if it was – in this case – meant to be raw.


Her kiwi fruit and mango fruit salad with maple syrup and vanilla cream was deemed “terrible” by Gary Mehigan.


Actually, to call it a salad would be an insult to salads. It was basically cut-up fruit – sorry excuse me a Carpaccio – on a plate with some nuts sprinkled on top.


I do the same dish when I’m on duty at my son’s kinder. No nuts though; allergies.


Anyway, it wasn’t just me and Mehigan that thought Mindy’s fruit plate was a pitiful excuse for dessert. The other judges concurred with the assessment, though Matt Preston offered that at least the mango was lovely and ripe.


“And that was made by God,” countered Mehigan in disgust. He’s right, seriously who can stuff up a fruit salad?


Especially one which has been made with coaching from Matt Moran.


She should have listened to Moran when he told her to go easy on the sprinkled nuts.


Though his criticism was indeed warranted, Mehigan seems particularly grumpy this season.

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Alan May

Alan Randy May, born January 14, 1965 in Barrhead, Alberta is a retired Canadian ice hockey player. He is known for being the first player from the ECHL to play in the National Hockey League
May began his NHL career when he was signed as a free agent by the Boston Bruins, although he would spend most of his time in the minors. He would later move on to the Edmonton Oilers; again, he spent most of his time in the minors. It was only after his trade to the Washington Capitals in June 1989 that he would enjoy a bigger role. During his almost five seasons with the Capitals, his gritty, hard-nosed style of play would make him a fan favorite, and would help the team reach the semifinals for the first time in 1990. May would also later play for the Dallas Stars and Calgary Flames before finishing his NHL career.
In 393 NHL games, he scored 31 goals, 45 assists, and amassed 1,333 penalty minutes.
He currently is a hockey "analyst" for Comcast SportsNet Washington. Alan is married to Sherayne May and they have 3 children including Devin, Kaylee, and Brendan.

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What happened on TV last night? MasterChef reviewe

What other explanation is there for the choice of "hero ingredients" and some of the brain infarctions featured in the raw food immunity challenge?
The similarities between Mindy's 'beat the (actual) chef' sequel and bun in the oven behaviour provides good viewing but may cause a rash and furry tongue courtesy of a fruit from across the Tasman.


George tempts Mindy with a fake Rolex and the coveted Immunity pin.
After dominating the Mexican challenge like a tourist learning she's been drinking 2-for-1 margaritas when the bar tab arrives at the end of the night, Mindy pulls on the white coat to take another a crack at immunity.
As she struts into the kitchen, Preston applauds her for her perfectly stuffed chillies from Sunday while George opens his coat to flash the pin.


It seems ironic that the day after Kath was sent packing for serving up raw food; Mindy gets to cook for immunity using only uncooked ingredients. Granted Kath was cooking a cake. And raw cakes (for want of a better, technical foodie term) suck.


But Mindy’s raw food sucked too, even if it was – in this case – meant to be raw.


Her kiwi fruit and mango fruit salad with maple syrup and vanilla cream was deemed “terrible” by Gary Mehigan.


Actually, to call it a salad would be an insult to salads. It was basically cut-up fruit – sorry excuse me a Carpaccio – on a plate with some nuts sprinkled on top.


I do the same dish when I’m on duty at my son’s kinder. No nuts though; allergies.


Anyway, it wasn’t just me and Mehigan that thought Mindy’s fruit plate was a pitiful excuse for dessert. The other judges concurred with the assessment, though Matt Preston offered that at least the mango was lovely and ripe.


“And that was made by God,” countered Mehigan in disgust. He’s right, seriously who can stuff up a fruit salad?


Especially one which has been made with coaching from Matt Moran.


She should have listened to Moran when he told her to go easy on the sprinkled nuts.


Though his criticism was indeed warranted, Mehigan seems particularly grumpy this season.

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Brian McFadden rants on Twitter over Delta Goodrem's criticism of their relationship in Vogue Australia

Brian McFadden has posted a series of Twitter comments that appear to be an attack on ex Delta Goodrem after she opened up to Vogue Australia about their "amicable" 2011 split.


The 32-year-old Australia's Got Talent judge tweeted from Monday night's APRA Music Awards only hours after extracts from Delta's interview went online.


"Sometimes silence is golden. People love to try and deflect attention from their own downfalls onto others," he wrote.


"And for the record. I've seen it all before!!" he said in his next post, assumed to be referring to the nasty public spats between him and ex-wife Kerry Katona, who he once called a "pig-faced mole" (this is the mother of his two daughters).


He followed it up with a gush about current fiancée, Irish model-DJ Vogue Williams, "Randomly want to thank @VogueWilliams for making me the happiest man on the planet."


In the Vogue extracts, 27-year-old Delta revealed little about her seven-year relationship with Brian, other than the fact she was deeply unhappy before they broke up.


Goodrem, in her most candid interview yet about the split, told Vogue: "There is so much I'd like to say. I was really unhappy and I didn't know how to get out. I learned. I got there in the end."


McFadden - who has always maintained the split was amicable and described his ex as "one of God's living angels" - hit back in three seperate Twitter rants: "Sometimes silence is golden. People love to try and deflect attention from their own downfalls onto others," he wrote. "And for the record. I've seen it all before!! Randomly want to thank (fiancee) Vogue Williams for making me the happiest man on the planet."


Goodrem had "only good things" to report about her most recent boyfriend, toyboy Nick Jonas, 19, in the fashion magazine's cover story.


McFadden met Williams - who he will marry in coming months in Europe - in the months following his engagement breakdown.


Meanwhile Goodrem's musical comeback was once again in the spotlight yesterday, with comparisons drawn between a new B-side release called Uncovered with Kate Miller-Heidke's Last Day On Earth.

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Australia takes lead in Afghanistan's Uruzgan

SYDNEY — Australia said Thursday it would take leadership of security in Afghanistan's southern Uruzgan province from the United States as it prepares to begin drawing down troops from the conflict.
Chief of defence forces David Hurley said the shift, which was approved by Canberra this week, would put Australia "in the driving seat" of a security handover to Afghan forces and withdrawal of its troops and equipment.
"This is a major operational phase. Having a strong voice in that process is very important," Hurley told reporters.
The United States would continue to provide support to the Australians, who work with Singapore and Slovakia in the restive Afghan province and will take lead responsibility in late 2012.
US troops have led operations in Uruzgan since the Netherlands withdrew from Afghanistan in 2010 -- the first NATO ally to do so.
The International Security Assistance Force (ISAF), the NATO-led force in Afghanistan, welcomed the announcement.
"Our gratitude goes out to the government of Prime Minister Julia Gillard and the Australian people, who have sacrificed so much in this conflict," said coalition commander John Allen, describing Australia as one of ISAF's closest allies.
Australia has some 1,550 troops stationed in Afghanistan with a focus on training and mentoring Afghan National Army soldiers in Uruzgan.

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