THE AUSTRALIAN THURSDAY MAY 15 2008 …1948.com.au/2008events/national/PM/ads/aus15may2008ac003.pdf3...
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3 3THE AUSTRALIAN THURSDAY MAY 15 2008
THE NATIONwww.theaustralian.com.au
Crib investigated after baby diesPadraic Murphy
FEDERAL health authorities areurgently investigating a widely usedemergency humidicrib after the evac-uation of a premature baby in farnorth Queensland was abandonedbecause a ventilator failed and theinfant later died.
The baby was born in Mossman onApril 22 and was being taken to awaiting helicopter to be transferredto the Cairns Base Hospital when aproblem emerged with the ventilatorattached to the emergency transferhumidicrib. The baby, which was 17weeks premature, was rushed back tothe Mossman Hospital, but could notbe revived.
Distressed Queensland Healthstaff have contacted The Australiansaying that there have long beenproblems with both the German-made ventilator and theToowoomba-made Mansell Neo-cotit was attached to.
The Australian understands bothpieces of equipment have been thesubject of fault reports, includingconcerns over faulty switches andfuses. Queensland Health estimatesthere are about 40 of the unitsoperating in Australia. They are usedin the transport of seriously ill new-born babies.
The Queensland Coroner will notinvestigate the death. ‘‘Advice fromQueensland Health medical officers,including a neonatal specialist, indi-cated that the baby was sufferingfrom several severe complications ofpremature birth, each of which wasincompatible with life,’’ said aspokesman for Queensland’s north-ern Coroner, Kevin Priestly.
A spokesman for the TherapeuticGoods Administration, a regulatorybody operating under the auspices ofthe federal Government, said theadministration had launched an ur-gent investigation into the incident.
‘‘This includes contacting the dis-
tributor of the affected device togather all relevant information,’’ hesaid. ‘‘The TGA will take necessaryregulatory action according to theresults of this investigation.’’
A Queensland Health spokesmanconfirmed the death, and said analert had been issued to otherQueensland hospitals in Townsville,Brisbane and Toowoomba warningof the potential problems.
‘‘The situation was a highly unus-ual case which exposed a potentialissue when operating this piece ofequipment,’’ said a spokesman forQueensland Health.
The spokesman said the manufac-ture of both the neonatal crib and theventilator had been notified, whilehealth workers have also been issuedwith new operating instructions.
The manufacturer of the humidi-crib, which was developed with a$28,000 state government grant, didnot return phone calls yesterday.
Widower to relive ‘longest day’Andrew McGarryPia Akerman
DON Scott clearly remembersThursday, September 23, 2004, asthe longest day of his life. Hespent it outside an Adelaidecourtroom, waiting to hear if ajury would convict the man ac-cused of killing his wife, MargaretTobin, former South Australianmental health chief.
‘‘It was pretty harrowing wait-ing, and much relief when it wasover,’’ Mr Scott said yesterday,recalling the trial that ran for11 weeks before a jury convictedJean Eric Gassy of murder.
Nearly four years later, MrScott faces another long wait. TheHigh Court yesterday ordered afresh trial for Mr Gassy afteraccepting his appeal.
Mr Scott still thinks of the plansthe two had made for retirementonce Tobin left the South Austral-ian health service. She still wantedto help people, and intended tolecture at universities about men-tal health.
‘‘She achieved the maximumshe could in the lifespan she
had,’’ Mr Scott said. ‘‘Whathappened to my wife was aterrible waste.’’
Tobin’s murder on October 14,2002, shocked Adelaide, comingon the heels of the Bali bombingand the opening of the Snowtownmurder trial. She was gunneddown while leaving a lift on theeighth floor of Adelaide’s Citi-Centre building.
Hit by four shots, she diedwithout identifying her attacker.A month later, police had asuspect: Mr Gassy, a deregisteredpsychiatrist from NSW.
Mr Gassy worked under Tobinin the 1990s at St George Hospitalin NSW. The first trial was told aseries of events led to him beingderegistered as a psychiatrist andstruck off the NSW medicalregister. These events allegedlytriggered resentment againstTobin and others he blamed forending his medical career.
The prosecution said Mr Gassywent to great lengths to huntdown his former boss.
The Crown case was that MrGassy had travelled from Sydneyto Brisbane in April 2002,
six months before the murder.He had allegedly hired a car
and booked into a Brisbane motelunder assumed names; witnessesidentified him as acting ‘‘suspi-ciously’’ at the Brisbane Conven-tion Centre, where Tobin was dueto address a conference. Theprosecution case said evidencesuggested Mr Gassy ‘‘must havebeen’’ carrying a pistol.
Prosecutors alleged he trav-elled to Adelaide the weekendbefore Tobin’s murder, againbooking into a motel under a falsename. Traces of firearms residuematching the ammunition used inthe shooting were found in the carallegedly hired by Mr Gassy to goto Adelaide.
Mr Gassy always insisted hisinnocence, claiming it was a caseof mistaken identity.
The prosecution had no witnesswho could place Mr Gassy at themurder scene. However, evidencefound in his home included pistolsand ammunition of the same typeused to kill Tobin.
Two slides from his Glockpistols were found, but they hadbeen polished, making it imposs-
ible to tell if either was the murderweapon.
Also found were ‘‘persons ofinterest lists’’, containing namesand details of doctors and psy-chiatrists Mr Gassy had dealtwith, although Tobin’s name didnot appear.
Mr Gassy defended himself,having taught himself lawthrough correspondence while incustody in Adelaide’s YatalaPrison.
He did a remarkable job in hisfirst case, arguing difficult pointsof law before the court.
Mr Gassy, a pistol shooter,argued the spread of shots onTobin’s body suggested a lessexperienced marksman.
The jury remained deadlockedfor 11/2 days before judge AnnVanstone gave further directions.
She summarised the mainpoints of the case, focusing largelyon the prosecution case whilereferring only once to Mr Gassy’sdefence.
The jury returned half an hourlater with a guilty verdict.
Sloths geta moveon in wildLewis Smith
SLOTHS may make slow-motion replays look positivelynippy but their reputation hasbeen wildly exaggerated, scien-tists have found.
The South American mam-mal, with its sleepy-eyed faceand apparently laid-back ap-proach to life, spends far lesstime asleep and inactive thanhas been presumed.
Although it has become abyword for laziness, researchersnow argue that the sloth hasbeen unfairly maligned.
Miniaturised electroenceph-alogram tags fitted to wild slothsshowed that instead of sleepingfor almost 16 in every 24 hoursthey actually dozed off for justover 91/2 hours. They still movedaround the forest canopy ex-tremely slowly but they wereactive for at least six hours morethan expected.
The tags allowed scientists tomonitor the sleep patterns ofsloths in their natural environ-ment for the first time.
Sleeping time had previouslybeen measured using captivesloths which, the researchersnow realise, gave an inaccuratepicture of their wakefulness inthe wild.
‘‘Our results suggest thatsleep in the wild may be mark-edly different from that incaptivity,’’ the international re-search team reported in thejournal Biology Letters .
Niels Rattenborg, of the MaxPlanck Institute for Ornithologyin Germany, said the discoverywas expected to lead to freshinsights into the importance ofsleep for a variety of animals,including people.
‘‘We are fascinated that somespecies sleep far longer thanothers,’’ Dr Rattenborg said. ‘‘Ifwe can determine the reasonsfor variations in sleep patterns,we will gain insight into thefunction of sleep in mammals,including humans.’’
The Times
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Txt msg lingo defendedLauren Wilson
DA lingo ppl use 2 txt n msg isnot n fact bad 4 da lngwij skiLz of2dayz teens. Quite the opposite,say two Canadian linguists whoargue the language teenagers useto instant message (IM) oneanother represents ‘‘an expan-sive new linguistic renaissance.’’
The findings, to be publishedin the Spring 2008 issue ofAmerican Speech, suggest that,far from being detrimental to ateenager’s language skills, thesenew forms of speech allowtoday’s youth to showcase whatthey can do with language.
Sali Tagliamonte and DerekDenis from the University ofToronto have analysed morethan a million words used in IMcommunications.
The linguists argue that tech-nological advancements includ-ing instant messaging and textmessaging allow teenagers to use
a ‘‘robust mix’’ of colloquial andformal language.
Australian children’s languageexpert and author of KidspeakJune Factor urged the less text-savvy to stop looking at the lingoof messaging in a simple andpejorative manner.
‘‘It is always counter-productive to pour scorn, abuseand contempt on a languageparticular to a subgroup,’’ DrFactor said.
Rather, she said, it would bebeneficial for teachers to exam-ine IM communications in theclassroom and compare and con-trast it to other language forms.
‘‘The dilemma arises whenkids see it as a whole languagesystem and are using it to replacethe more complex and nuancedforms to writing,’’ she said.
When used in context, theincreasingly fashionable lingowas a legitimate form of abbrevi-ated language. FYI.
Olympian snared inGames ‘soap opera’Nicole Jeffery
Robinson Michael
THE selection of the Olympickayaking team has been throwninto turmoil for a fourth consec-utive Games, leaving one ofAustralia’s greatest Olympians,1992 gold medallist Clint Robin-son, in danger of missing aBeijing swansong.
Fellow kayaker Luke Michaelwon his appeal against his exclu-sion from the K4 team, beforethe Court of Arbitration for Sport(CAS) on Tuesday night.
Arbitrator Roger Gyles ruledthe Australian Canoeing selec-tors were biased and dismissedthe selection panel, insisting thata new panel be convened toselect the team.
The kayaking team was to beofficially announced on Monday,before departing for World Cupcompetition in Europe nextweek, but these events will signif-icantly delay the process.
Four-time Olympian Robin-son, 35, was named in the K4team by the previous selectionpanel under an ‘‘extenuatingcircumstances’’ clause, despitemissing the last selection trialwith illness.
Michael argued successfullythat he was not afforded thesame benefit, after his trialsperformance was affected by ahand injury.
Mr Gyles, who will also serveon the three-man panel that willhear swimmer Nick D’Arcy’sappeal against his ejection fromthe Olympic team later thismonth, instructed CanoeingAustralia to go back to thedrawing board.
He also said that any athletewho was excluded from the teamby the new selection panel hadthe same rights of appeal that
Michael had used. Michael’slawyer confirmed that, if he wasexcluded by the new panel, hewould appeal again to the CAS.
The sport now faces anotherprotracted selection wrangle,which may not be resolved untilthe month before the Gamesbegin on August 8.
History suggests the longerthe selection dispute rages, theless chance the athletes involvedin it have of winning a medal atthe Games.
A dismayed Robinson said theselection process had become a‘‘soap opera’’ and the ongoinguncertainty was hurting every-one involved.
‘‘It’s not helping the sport as awhole, it’s not doing our resultsany good,’’ Robinson said.
‘‘The only ones who arebenefiting are the lawyers. Thishas been going for over six weeksnow and we still don’t knowwho’s in the team.’’
Australian Olympic Commit-tee sports director Fiona De Jongsaid Australian Canoeing seemedprone to selection disputes be-cause it was ‘‘both an individualand a team sport’’.
If the team selection is notresolved in the next week, Mi-chael will join Robinson and theother men contending for placesin the K4 on the European tour,a potentially explosive situationthat will stretch the managementskills of the team officials.
The grown-up Goot loosens upGeorgina SafeFashion editor
Sky colours: Models show Goot’s spring-summer range Picture Lindsay Moller
JOSH Goot has grown up. Goot isknown as Australia’s king of cling forhis unforgiving and ultra-short de-signs best reserved for the very youngand very slim.
But the Sydney designer yesterdayrevealed a new, more mature ap-proach to the market when hepresented a softer, looser and ulti-mately more wearable collection to100 fashion media and buyers in theinner-Sydney suburb of Alexandria.
Inspired by the changing colours ofthe sky, the spring-summer range offluid silk dresses and separates fea-tured five prints representing sunrise,overcast, storm, blue sky and sunset.
The garments’ construction refer-enced changing weather patterns,through clever twisting and drapingaimed at evoking cloud formationsand a sense of weightlessness.
‘‘It’s a less fitted, easier silhou-ette,’’ Goot said. ‘‘You’d like to thinkit’s more wearable.’’
Boxy cropped jackets and taperedtrousers rounded out the prettycollection of silk viscose dresses.
‘‘It’s a feeling of being light, offlying or perhaps having wings,’’
Goot said. ‘‘To me, the sky is one ofthe most beautiful things you canlook at, we wanted to capture that inthe clothes.’’
The looseness is a significant shiftfor Goot, who began making body-hugging designs in 2005. His signa-ture colour-blocked tank tops andleggings were there with loose sleeve-less jackets and circle skirts.
A floor-length lilac silk trench dress
unfortunately resembled a dressinggown, but in black or white would bea chic option for evening.
The trench dress was one of anumber of longer options Goot pre-sented, including gowns with hem-lines hovering above the ankle.
Despite his radical change in aes-thetic, the 28-year-old said the coremindset of his customer remained thesame.
Retrial over doctor’s killingMichael PellyPia Akerman
Hurting: Don Scott at his Adelaide home after hearing that Jean Eric Gassy, the man previously convicted of killing his wife, had been granted a retrial Picture: Kelly Barnes
A FORMER psychiatrist con-victed of killing South Australia’sdirector of mental health has wona retrial after acting as his ownlawyer and convincing the HighCourt a judge’s advice to adeadlocked jury led them ‘‘onlyto a verdict of guilty’’.
In a 3-2 verdict, the High Courtsaid Jean Eric Gassy, who wassentenced to life for theexecution-style shooting of Mar-garet Tobin in 2004, was thevictim of a ‘‘substantial miscar-riage of justice’’.
Mr Gassy allegedly shot DrTobin due to resentment andanger over her part in his de-registration as a medical practi-tioner and psychiatrist when shepractised in Sydney in the 1990s.
The majority said SupremeCourt judge Ann Vanstone hadmerely restated the essential ele-ments of the prosecution case,with barely a reference to thedefence case. After being dead-locked for a day and a half, thejury returned its guilty verdict 30minutes later.
High Court judge MichaelKirby, who sided with judges BillGummow and Ken Hayne, saidthere was ‘‘powerful evidence’’of Gassy’s guilt. Justice Kirby saidthis made it a ‘‘borderline case’’for a retrial. ‘‘Definitely, it is atthe cusp’’ Justice Kirby said.
Mr Gassy will have to apply forbail if he wants to leave Yatalaprison before the new trial, ex-pected to be held next year.
Don Scott, Tobin’s widower,said the decision hurt.
‘‘I was hoping more thananything else that this would bethe last thing, it would beknocked on the head and thatwould be that,’’ Mr Scott said.‘‘But reality said that was not tobe and you try again I guess.’’
‘‘I hurt. Of course I hurt, butyou’ve got to deal with reality.The process goes on, and that’swhat we’ve got, isn’t it.’’
The crown said Mr Gassy hadstalked and killed Tobin. Sixmonths before the murder, heallegedly booked into a Brisbanemotel under a false name andacted suspiciously at a RoyalAustralian College of Psychia-trists’ conference featuring To-bin. He later drove to Adelaide,where he allegedly shot Tobinfour times as she left a lift toreturn to her office on the eighthfloor of an Adelaide city buildingafter lunch in October 2002.
Mr Gassy represented himselfat the trial and argued his owncase before the High Court,having refused the offer of seniorcounsel to appear pro bono. Healleged 11 errors by Justice Van-stone, but was only granted leaveto appeal on two grounds. Thecase against him was circumstan-tial as other lift passengers couldnot identify him and no witnesscould say that he was left alone inthe lift with Tobin.
Justice Kirby said there wasevidence Mr Gassy had travelled
to Brisbane and Adelaide by hirecar and other testimony that wentto motive, opportunity and MrGassy’s ownership of firearms.
Justices Gummow and Haynesaid Justice Vanstone’s direction‘‘restated the essential elementsof the circumstantial case uponwhich the prosecution relied inproof of guilt’’.
‘‘The ‘way forward’ which thejudge suggested was along asingle path leading only to averdict of guilty,’’ they said.
They added there were twotelling indications: an effort bythe prosecution to get the judgeto supplement her advice and thespeed with which the juryreturned a verdict.
‘‘The prosecution argued thatthe applicant went to Brisbane‘for a non-innocent purpose re-lating to Dr Tobin’ and that he‘must have gone’ to Adelaide forthe same reason,’’ the judges said.
‘‘The evidence which was ledat trial permitted the jury to drawthese conclusions, but the evi-dence did not compel them.’’
Justice Susan Crennan andSusan Kiefel, ruled against MrGassy on the basis that JusticeVanstone did not instruct the jurymake particular findings.