Criminal Case: ‘R v Knight (1988) 35 A Crim R 314 [Case T557]’
[In the State of Victoria, Australia]
[In Julian Knight’s own words]:
“As part of their investigation into my background, Victoria Police obtained statements from my [Duntroon] ICT instructor, Sergeant Kim HOGAN, and from a [Duntroon] 3rd Class cadet in my section, Staff Cadet Christopher WHITTING (CSC No 5336).
As part of the preparation of my defence, the Legal Aid Commission of Victoria used a private investigator to obtain statements about my time [at RMC Duntroon Jan-June 1987] in Canberra from [Duntroon junior Officer Staff Cadets] Meg RUMMERY, Liz GLOVER, and Staff Cadet Christopher WHITTING and from ADFA Officer Cadet Dechlan ELLIS.
[Comment: It is notable that Julian Knight’s most trusted team mate at Duntroon, Staff Cadet RIDD (CSC 5303), who was a 3rd Class staff cadet in the same Kokoda Company 15 Platoon and 45 Section as Knight (one of just two in the section) who was similarly Melbourne born and raised, was never contacted by the prosecution, defence or the court to give evidence. Ridd had voluntarily resigned from Duntroon and had departed RMC and Canberra on 17 May 1987, just 14 days before Knight’s stabbing of the Kokoka head senior cadet at the Private Bin nightclub in nearby Civic].
“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.”
[Knight’s record of his Plea (deal) Hearing]:
“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.
The Crown was represented by Senior Crown Prosecutor John “Joe” DICKSON QC, with Julian LECKIE as junior counsel, instructed by Peter BUCKLEY, Solicitor to the Director of Public Prosecutions (“DPP”).
My defence was conducted by Robert RICHTER QC, with Richard PIRRIE as junior counsel, instructed by Michael “Mick” O’BRIEN, the then Associate Director of the Criminal Law Division of the Legal Aid Commission of Victoria.
My plea hearing was attended by the Commanding Officer of the Corps of Staff Cadets (CSC), Lieutenant-Colonel David KIBBEY [Duntroon], 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).”
SOURCE: Julian Knight’s ‘Personal Account’ (97-pages) of his 6-month relentless persecution at RMC Duntroon submitted to the Defence Abuse Response Taskforce (DART) dated 26 November 2013, pp. 89-91].
Duntroon’s coercive culture over its junior cadets extended way beyond its Royal Military College boundary nationally in this case more than 600km away in Melbourne to intimidate by legal plea bargain in the Supreme Court of Victoria its absolving secret promised deal (threat) with its former Army Officer Staff Cadet Julian Knight (CSC 5266).
The Crown (representing the Army’s Duntroon) would 27 years later in 2014 renege on its promised deal with the former staff cadet, Julian Knight.