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Women jailed for life for racially-motivated murder

Two Australian women were jailed for life yesterday after pleading guilty to torturing and murdering a 14-year-old Aboriginal boy who they believed broke into their house, local media reported.
The Western Australia Supreme Court sentenced Derrin Bardsley, 34, and Rebecca Papalii, 42, after they admitted to helping “hogtie”, beat and kill Aborigine Cleon Jackman at a house in the western city of Perth in May 1999.
Another person, James Stapleton, is already serving a prison term for the boy’s murder.
Prosecutor Phil Urquhart told the court the murder was a racially motivated, cowardly and gutless attack on the teenager, whom they believed had been responsible for break-ins at the house owned by Bardsley, Australian Associated Press reported.
“This boy offered no resistance, uttered no offensive words and made no attempt to escape – in fact he repeatedly apologised and pleaded to go home,” Urquhart told the court in Perth.
The court was told Bardsley rented a house to prostitutes such as Papalii. After repeated break-ins the women and Stapleton decided to beat Jackman because they believed he was responsible.
After chasing the boy down on his bike in a four-wheel-drive vehicle, Stapleton and Bardsley bundled him into the back and took him back to the house, the prosecutor said.
They “hogtied” Jackman, binding his hands and feet, and beat him with a shovel, pieces of wood, and kicked and jumped on him. The court was told that the boy, who by this time was probably dead, then had his nose and mouth bound with three strips of cloth, and had four plastic bags taped over his head.
Jackman’s body was buried in a shallow bushland grave.
Judge John McKechnie described the crime as monstrous in sentencing Bardsley and Papalii to life – a minimum of 12 and half years for Bardsley and a minimum of 12 years for Papalii.
“The torture of a child is abhorrent, and no matter what frustrations you may have felt does not justify what you did,” said McKechnie. “There are some crimes that are so monstrous they overwhelm any matters of mitigation – this is one of them.”
The sentences were backdated to the date of the women’s arrests in May 1999, which means both could be released in 2011.
The women were originally convicted of wilfully murdering the boy following a trial in 2001, but appealed their conviction.
They were due to face a retrial but pleaded guilty to a lesser charge of murder, which unlike wilful murder does not involve premeditation, and carries a lesser sentence.

www.gulf-times.com (20-7-2005)
http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=45246&version=1&template_id=39&parent_id=21


Women Jailed Over Teen's Murder

TWO women who took part in the racist torture and murder of a 14-year-old Aboriginal boy have been Jailed for life after pleading guilty to the killing.
In Western Australia's Supreme Court yesterday, Derrin Elizabeth Bardsley, 34, and Rebecca Tilaima Papalii, 42, both admitted helping to hogtie, beat and kill Cleon Jackman at a house in Langford, in Perth's southern suburbs, in May, 1999.
The pair, along with the alleged main culprit of the killing, James Wayne Stapleton, were originally convicted of wilfully murdering the youngster following a trial in 2001. But the women successfully appealed against their convictions last year, and had been due to face a retrial until they pleaded guilty to the lesser charge of murder.
Under WA law, wilful murder is categorised as murder with premeditation, and the lesser charge of murder, which has no element of premeditation, carries a lesser sentence.
In sentencing Bardsley to a minimum of 12 and half years, and Papalii to a minimum of 12 years, Justice John McKechnie said the crime was "monstrous"-
"The torture of a child is abhorrent, and no matter what frustrations you may have felt does not justify what you did," Justice McKechnie said.
"There are some crimes that are so monstrous they overwhelm any matters of mitigation - this is one of them."
The sentences were backdated to the date of the women's arrests in May, 1999, which means both could be released in 2011.
Prosecutor Phil Urquhart described the murder as a racially- motivated, cowardly and gutless attack on the teenager, whom they believed had been responsible for break-ins at the house owned by Bardsley. But, he said, the court should refuse to label the killing as vigilantism.

Adelaide Advertiser (20-7-2005)
Tim Clarke


Perth duo jailed for racially-motivated murder

Two women have been sentenced to life in jail for the murder of an Aboriginal boy in Perth six years ago.
The Supreme Court was told today the murder of 14-year-old Cleon Jackman was a vicious and racially-motivated crime.
The teenager died after being tortured over a five-hour period by Derrin Bardsley, Rebecca Papalii and male accomplice at a house in Langford.
The women successfully appealed against their 2001 wilful murder convictions.
Today they pleaded guilty to the lesser charge of murder.
The women hung their heads and wiped away tears as the court was told how the boy died of horrific injuries after being hog tied, beaten and burned with cigarettes.
His body was then dumped in bushland.
In sentencing, Justice John McKechnie described the women's crimes as abhorrent.
He sentence Bardsley to a minimum of 12-and-a-half years and Papalii to 12.
The women have already served six years.
Outside court, the boy's mother Lynette Jackman said the women got the sentence they deserved.
"I'm very happy with the sentence and the family's.. happy as well," she said.
"We now live with it and that but we're happy."

www.abc.net.au (19-7-2005)
http://www.abc.net.au/news/2005-07-19/perth-duo-jailed-for-racially-motivated-murder/2061940


This is a transcript from The World Today. The program is broadcast around Australia at 12:10pm on ABC Local Radio.

Prisoner self-inseminates with smuggled sperm

COMPERE: Prison authorities in Western Australia are trying to find out how a prisoner who's been in custody for more than a year has fallen pregnant. Twenty-eight year old Derrin Elizabeth Bardsley has told the Ministry of Justice she self-inseminated, using sperm smuggled to her during a court appearance. And an ultrasound has confirmed the racehorse trainer is more than six weeks pregnant with twins.
But as Tanya Nolan reports for us, the pregnancy has sparked moral outrage because the woman is facing charges over the murder of a teenage boy.
TANYA NOLAN: It's being described as a sick irony, a woman awaiting trial over the abduction, torture and murder of a 14-year-old boy will now have children of her own. The Western Australian Ministry of Justice has confirmed that Derrin Elizabeth Bardsley, who's been detained at the Bandyup Women's Prison for 15 months is now pregnant. And authorities are trying to get to the bottom of how she did it.
Ms Bardsley has told officials that a condom filled with sperm was handed to her during a recent court appearance and that she used the sperm to inseminate herself. The Ministry of Justice says the incident is being treated as extremely serious and an investigation is underway to find out when Ms Bardsley was handed the sperm, where it took place and just how she went about using it.
Brian Steele [phonetic] from the Prisoners Advisory Support Service says the issue of prison security should be the point of scrutiny.
BRIAN STEELE: There's two stories, one is that it happened outside of the Ministry of Justice area which was - the sperm was given in the courts. If that was the case, well then however much security put on at the prison, it's not going to make any difference if it occurred outside. And I guess we're never going to get to the bottom of the story, that's the difficult thing about it. But certainly it puts everybody in a difficult situation.
TANYA NOLAN: The Ministry of Justice and the Prisoner Officers Union say the prisoner's own confession has satisfied authorities that there was no possibility a prison officer was responsible for the pregnancy. And while the investigation centres on the handing over of the sperm without approval, a breach of prison regulations, what has offended Mr Steele, as well as WA Shadow Attorney-General, Jim McGinty, is the pregnancy itself.
JIM McGINTY: When you have someone who is facing very serious charges of killing a child, and she's only accused of that at this stage, but when you have those sort of charges, for someone to be effectively allowed to impregnate herself, bring a child into the world in prison in those circumstances, I think that's just sick, and you need to make sure that your system is in place to make sure that that won't happen again.
TANYA NOLAN: Ms Bardsley is yet to be tried over the murder of 14-year-old Cleon Jackman [phonetic], but if convicted, she will be allowed to keep her babies in jail until they are 12 months-old. The prison superintendent then has the discretion to allow her to keep her children with her for longer or order them to be placed with a relative or the Department of Family and Children's Services.
Shadow Attorney-General, Jim McGinty says unless serious action is taken, there's nothing to stop similar incidents occurring again.
JIM McGINTY: Whether this incident occurred in the courts or at Bandyup Women's Prison is yet to be determined. It appears as though it happened in the courtroom, which raises particular concerns that someone could pass over a plastic container of sperm in a court during a hearing, then that raises matters that warrant the highest level of investigation.
Since this incident occurred, the prison security service in Western Australia has been privatised, and I'm sure that that will do nothing to prevent similar occurrences in the future.

The World Today Archive (28-8-2000)
Tanya Nolan
http://www.abc.net.au/worldtoday/stories/s168472.htm


Woman accused of child murder miscarries in jail

An accused child killer who impregnated herself with sperm smuggled to her during a prison visit has miscarried.
In July, authorities discovered DERRIN ELIZABETH BARDSLEY was expecting twins after inseminating herself with sperm smuggled to her at Bandyup women's prison in Perth.
Bardsley originally said she had obtained the sperm during a court appearance.
She later said she had acquired it during a prison visit.
She has consistently refused to name the donor, so officials could take no action.
A Ministry of Justice spokesman said today BARDSLEY had miscarried in October.
She is awaiting trial on charges that she imprisoned and murdered a 14-year-old boy.

AAP- WA (12-22-2000)

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