Plea Deal Honoured

Recall Julian Knight’s account of his October 1988 Plea Hearing, in his own words:

“On 6 June 1988, the Presentment against me was filed in the Supreme Court of Victoria at Melbourne (Case No T557 of 1988).  I was formally charged with 7 counts of murder and 46 counts of attempted murder.

In early October 1988, following negotiations with the Office of Public Prosecutions, it was decided that I would plead guilty to all charges in the Presentment filed against me (7x counts of murder and 46 counts of attempted murder).   

It is my understanding that these negotiations involved input from the Army [Duntroon].  Part of my plea agreement with the Crown and their main condition was that no evidence of the bastardization I had experienced at Duntroon would be led during my plea hearing.   In return, the Crown undertook that it would not oppose the setting of a minimum term to the Life sentences I was certain to receive.  It was made clear by the Crown that if we went back on this agreement, by raising the issue of bastardization at Duntroon, the Crown would renege on its promise not to oppose the setting of a minimum term and would treat the plea hearing as a contested proceeding.”

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On 28 and 31 October 1988, my plea hearing was held in the Supreme Court of Victoria at Melbourne before the Honourable Justice George HAMPEL.   It was attended by the [Duntroon] Commanding Officer of the Corps of Staff Cadets (CSC), Lieutenant-Colonel David KIBBEY and an Army legal officer.  Both were dressed in civilian attire, sat with the Crown prosecutors and did not approach or speak to me.

My time at Duntroon was addressed briefly during the first day of my plea hearing (Ref: R -v-Knight, Supreme Court of Victoria, transcript, Friday 28 October 1988, pages 20-23. (See  (Julian Knight’s Personal Account to DART 2013, Attachment 8), but no acts of bastardization were detailed. 

The bastardization I was subjected to at Duntroon was, however, detailed in the report of forensic psychiatrist Dr David SIME tendered to the Court.  I have attached extracts from the conclusion section of Dr SIME’s report (Attachment 7), and that from the report prepared by forensic psychologist Tim WATSON-MUNRO (See Julian Knight’s Personal Account to DART 2013, Attachment 6).”

 

So Julian Knight and his legal representatives during his formal Plea Hearing, did not mention or present any evidence of the bastardization Knight had endured for five months at the hands of senior cadets at Duntroon, so choosing not to attribute any cause and effect contributory culpability to Knight’s state of mind at the time he committed the Hoddle Street Shooting murders and attempted murders shortly afterwards.

So Knight had honoured Duntroon’s plea bargain deal with the Crown prosecution. Duntroon’s Commandant Major General Murray Blake had flown Commanding Officer and his legal counsel from Canberra to Melbourne to attend the Supreme Court plea hearing  to make sure Knight didn’t.

It was a co-ordinated cover-up from the top down and all about protecting Duntroon’s reputation.

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