[The Knighthood’ as collective authors of this herein website, comply with the Australian Copyright Act 1968, No. 63, 1968 (Compilation No. 58) amended from 16th January 2019, Part III, Division 3, Clauses 41, 41A and 42 in our ‘regurgitating’ the cohort of published media outpourings on Julian Knight in this section of this website ‘Media Scrutiny’. We do so for the purpose of review, criticism, satire and correcting the fake news reporting and propaganda. The Knighthood’s critique are included in the context wrapped in square brackets, bold italic text.]
Hoddle Street killer loses bid to pursue case against Commonwealth over alleged Duntroon abuse
by Georgia Hitch, Tue 17 Jan 2017, https://www.abc.net.au/news/2017-01-17/hoddle-street-killer-loses-bid-pursue-case-against-commonwealth/8189042
The man responsible for the Hoddle Street massacre has lost his bid for an extension of time to bring a case for damages against the Commonwealth.
[Knighthood critique: Fact Checks: Knight immediately pleaded guilty to his crimes to police on the very night they were committed, so there was no trial, but rather a hearing and then sentencing by the Supreme Court of Victoria. Duntroon (ADF) made a plea bargain with Knight before the hearing that Knight would agree NOT in any way implicate his bastardisation experience at Duntroon to his state of mind and crimes at Hoddle Street and the ADF would then agree not to appeal the Court’s sentence. Knight honoured that plea deal. Yet the ADF after the 27 years sentence he served did not honour their side of the bargain – by stonewalling Knight’s relocation to Canberra, then stonewalling Knight’s application for parole, then lobbying the Victorian Government of the day to deny his parole indefinitely, and arguing the statute of limitations once the 30 years was served by Knight. The ADF reneged on its plea bargain. Such a statute of limitations is a denial of natural justice.]
Julian Knight shot and killed seven people and injured a further 19 in Melbourne in 1987, a month after leaving service at the Royal Military College, Duntroon in Canberra. Knight is currently serving a life sentence in Victoria, but was pursuing damages from the Commonwealth in the ACT Supreme Court for abuse he allegedly suffered during his time at Duntroon. The 10 incidents are alleged to have happened between February and May 1987 and included physical and verbal abuse.
Because the alleged incidents happened 30 years ago, the statute of limitations had passed, meaning Knight had to seek an extension to have his case heard. Knight said he did not raise the abuse allegations at the time of his arrest because he was under the impression he would not receive a minimum sentence for the shooting if he did.
[Knighthood critique: This was per Knight’s plea bargain with the ADF in 1988 before the hearing]
Instead, he chose to pursue legal action after finding out in December 2013 that he would not be granted parole when his non-parole period expired.
Knight had also argued during the hearing that the delay was due, in part, to losing access to his paperwork and electronic records.
In his judgement, Associate Justice David Mossop noted Knight’s penchant for litigation — last year he was declared a vexatious litigant for life by the Victorian Supreme Court.
“Clearly litigation is an activity which the plaintiff derives some satisfaction from pursuing,” Associate Justice Mossop said. “For a prisoner of considerable intelligence with a life sentence, the pursuit of litigation is likely to be both intellectually stimulating and a forum in which the disempowerment of being a sentenced prisoner is temporarily removed.”
[Knighthood critique: Knight did not engage in any “vexatious litigation”. The fact is that for each of his few legal challenges, the Court erred and Knight appealed. Knight at all times has followed due process made available by either the legislation else by the government of the day – e.g. DART offer to allow of claims to victims of ADF abuse]
Associate Justice Mossop also said he was satisfied Knight was “genuinely aggrieved” by his experiences at Duntroon. But he ultimately rejected Knight’s claims and his application for the extension. “The extension of time sought by the plaintiff is a long one … I have not accepted the plaintiff’s explanation for the reason for the delay in commencing proceedings,” he said. “I do not accept that there is a good reason for the delay.”
Knight has also been ordered to pay costs.
[Knighthood critique: Knight as a prisoner, has never paid any court costs, as is his incarcerated predicament, and ongoing ban on generating income].
[Knighthood critique: The ABC’s Georgia Hitch has failed to outline Knight’s version of this case, and biasely taken one side – the case against Knight. She ain’t no journalist but just another opinionated columnist and has also ignored the Duntroon Elephant in the Room].