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73 year old Marie Greening Zidan was sexually assaulted and killed in her own home on October 16 2000 by two teenagers then aged 15-16. The 6 year jail sentence they received was highly inadequate. Now in October 2006 they are due to be released anonymously into the community. As if the crime and sentence the offenders received is not bad enough, by law the privacy of a convicted sex offender is currently regarded as more important than the safety of everyone else in the community..including your family.
THE PUBLIC SHOULD BE INFORMED IF A CONVICTED PAEDOPHILE-SEX OFFENDER IS RESIDING IN THEIR COMMUNITY..

 
 

A Voice from the Grave

This video was compiled in an attempt to the open
the eyes of the Australian public
in regards to victims of crime and the harsh reality
that you may very well have a rapist,
murderer or a paedophile living next door to you,
across the road from where your children play or go to school...




MP seeks brief on granny killer secretly living in Belmont

Chief Justice Marilyn Warren said she hoped the public would take advantage of the monthly sentencing summary, now online and believed to be the first of its kind in Australia. Chief Justice Warren said she was not concerned the public might use the information to compare judges according to the severity or leniency of their sentences.
Read More.

VICTORIA'S top judge is calling for a national review of laws protecting the identities of child criminals after revelations a teenage granny killer is hiding in Geelong. Read More.

Victim's Son Backs Addy Fight to Name Granny Killer

A BRUTAL granny killer who sexually assaulted his victim
says paedophiles should be shot dead so they
don't reoffend- Read more

Gran Killer's Freedom Fury
Victim- Marie Greening Zidan
Marie Greening Zidan (1983)

THE pre-Christmas release of one of the cruel killers of great-grandmother Marie Greening Zidan has prompted an angry reaction from Victorians.
More than 1000 people were moved to register their vote on the Herald Sun's reader voteline, with an overwhelming 96.5 per cent wanting the man named and shamed.
Readers also flooded the Herald Sun to express outrage at the man being freed and protected by a order keeping his identity secret.
The killer, now 21, has served just over six years of a maximum nine-year prison sentence he and his friend were given after striking a plea bargain to reduce their murder charges to manslaughter.
The pair were 15 and 16 when they broke into Mrs Greening Zidan's Seaford home, sexually assaulted her and choked her to death in October 2000.
After their arrests, they tormented her daughter with offensive telephone messages from jail.
But they can never be named and attempts by the Herald Sun for court permission to identify them have failed, with judges ruling that rehabilitation was a key factor in their sentencing and revealing their names would interfere with that.
Jenny, of Bendigo wrote: "This is a disgrace! The initial judgment of the court was horrifically inadequate.
"I believe old enough to kill, old enough to accept the toughest penalty."
Reader Jan Harrison said the punishment didn't fit the crime.
"These boys have not shown any remorse and now they have their identities hidden so that they could be living next door to you, and do what they did to Marie to you.
"Where is the justice and common sense?"
There was also plenty of support for the grieving Zidan family, who have never given up the fight to win justice for her.
But Premier Steve Bracks refused to weigh into the issue, saying it was not the State Government's role to interfere with the courts or the Parole Board.
"They obviously heard the evidence before them; they took evidence; they made that decision based on what they thought was in the best interests of the community," he said.
"The Government is not in a place to make those decisions on behalf of the Parole Board. The Parole Board does that independently."

Herald Sun (20-12-2006)
Elissa Hunt/ Jacqueline Freeguard

www.victoriahomicide.com.au
Victoria Homicide Victims Support Group



Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011 Ė (22-11-2011)





MAKO/Files Online.. Listing Australian Convicted Paedophiles/ Sex Offenders/ Child Killers.. FREE Public Service..





A victimís journey through the legal system

Opinion: It has been 12 years since my mother Marie Greening Zidan was sexually assaulted, bashed and strangled by two youths.
They were aged 15 and 17 and it happened in front of my disabled brother.
The two youths had suppression orders put on their names to protect them, and to give them a chance at rehabilitation. Both have been in trouble since.
Appeals that would end up in the High Court in Canberra over the last 12 years have taken me on a journey of fighting the legal system.
I have long fought to have the suppression orders lifted from the two killers of my mother. To give my mother dignity, but most of all, for public safety.
The crime was such a sickening and evil crime. After their arrest the two youths, unsupervised, rang me from the youth detention centre, leaving a dirty sexual song on my answering machine besides other messages, laughing in the background.
While in custody one threatened staff at the youth centre. One of the offenders assaulted a young girl who was on a work placement, and the same offender has broken his parole twice since being released.
The last time, back in 2010, he was not put back in jail.
How naive was I to think that the law was about justice?
What I learned is that it was never about my mother. It was about the law regarding youth offenders, and my mother never came into the equation and neither did public safety.
Back in 2007 the Herald Sun took the case to the Supreme Court to name the two killers of my mother.
The Supreme Court would not give permission for the case to go to the Childrenís Court, which has the power to lift the suppression order.
In 2010 when the offender broke his parole, there was outrage in a country town when it was revealed one of the Granny killers lived there. Victoriaís top judge Marilyn Warren stated that there should be a national review of laws protecting the identities of child criminals.
I havenít heard anything about it since.
When the Herald Sun did a poll about naming and shaming the two offenders, over a thousand readers agreed they should be named.
Last year the Director of Public Prosecutions went back into the Supreme Court on my behalf, asking that the Childrenís Court be allowed to hear an application to lift suppression of the names of my motherís killers.
Justice Bernard Bongiorno, who put the original order on their names when they were sentenced, said no.
The lawyers for the offenders had argued that there was no public interest in revealing their names and it would not assist them in their rehabilitation.
The DPP did not take a stance and I felt they just went through the motions. I was told it was not about my mother, or public safety.
Marie Greening Zidan, killed by two teenagers who are now out of jail
These offenders throughout the years have had the best lawyers, that the tax payers had paid for.
I was told I could appeal the suppression order, but no one would take up the case.
After asking lawyers about pro bono representation, I was told if I was the offender, the murderer, they would take on the case. But not as a victim.
In America a lawyer would take on my case, as there are as many lawyers supporting victims of violent crime committed by juveniles as there are for the juvenile offenders.
I have met with the Attorney General Robert Clark in recent times. For victims, he is the best Attorney General that Victoria has had, but he is one man with a hell of a job.
The suppression orders have become a life sentence for my family, as we always fear that someone else will suffer as we have at the hands of one of these killers whose names will never be known. It is still all about the offenders, and their welfare. Even when they reoffend.
There is no thought for how we feel or the suffering of my family. And there are many young people in our family.
There has been no help or support for them, none for my disabled brother, but plenty of support for the offenders.
Shame on our justice system for being so one-sided.
For victims, the scales of justice will never be balanced.


Janine Greening (6-4-2012)
http://blogs.news.com.au/heraldsun/law/index.php/heraldsun/comments/a_victims_journey_through_the_legal_system




Move to expose a killer

THE State Government yesterday vowed to change the law that allows the identity of Geelong's infamous granny killer to be known.
Attorney-General Robert Clark will meet Janine Greening as she continues her fight for justice over her mother's brutal death in 2000 to discuss the case.
The Supreme Court last week rejected a bid to lift a suppression order preventing the identity of two men who, when aged 15 and 16, sexually assaulted, bashed and then choked to death 73-year-old Marie Greening Zidan at her Seaford home in front of her disabled son.
There was community outrage when the two men were originally sentenced to six years' jail but the Court of Appeal later upped the sentence to nine years.
Ms Greening wrote to Mr Clark this week demanding a meeting and citing her displeasure at her treatment throughout the judicial process during her mother's case.
A spokesman for Mr Clark said the Attorney-General would be happy to meet her to discuss her case and possible changes to the law.
One of the killers, now aged 26, was convicted and fined $800 in the Geelong Magistrates' Court last April for selling a stolen bike for $20 to buy alcohol.
He committed the offence only months after being released from prison after serving his nine-year jail term with his mate.
In her letter, Ms Greening pleaded for government intervention to reveal the identities of her mother's killers.
"The justice system seems to be doing a lot of talk and no action and the government has not shown any interest," she wrote.
A survey by the Sentencing Advisory Council last week found almost two-thirds of Victorians believed judges were out of touch with what ordinary people thought. But Victorian Supreme Court Chief Justice Marilyn Warren criticised the findings and said they would promote "ill-informed opinions" because the survey was simplistic and superficial


Geelong Advertiser (7-9-2011)
Aleks Devic
http://www.geelongadvertiser.com.au/article/2011/09/07/277441_news.html




Victim's daughter begs to see Chief Justice

THE daughter of a 73-year-old great-grandmother sexually abused and killed by two teens has called for a meeting with the state's senior judge after a ruling that the now-adult culprits' identities be protected.
The names of Marie Greening Zidan's killers will remain secret after the Supreme Court yesterday rejected a bid by government lawyers to open the way to naming them.
In a hearing yesterday, Supreme Court judge Justice Bernard Bongiorno dismissed the case and handed down his written decision, which found the Director of Public Prosecutions had failed to argue with any merit why the suppression order should be lifted.
Outside court, Mrs Zidan's daughter, Janine Greening, said it was another example of courts not listening to victims.
"When are we going to have the scales of justice even?" Mrs Greening asked.
"I haven't given up because I have hope and hope is the last thing to die."
She said despite comments earlier in the week by Chief Justice Marilyn Warren that courts did listen to victims and families, the system was weighed heavily in favour of perpetrators.
She said her mother's killers, aged 15 and 16 in 2000 when the crime took place in Frankston, were now adults and they remained a danger to the community after their release.
"I know that they are not sorry and I know that they have not been rehabilitated - one broke his parole twice," she said, adding she would like to meet Chief Justice Warren to explain her concerns.
DPP lawyer Daryl Brown had asked the court to lift a suppression order over the killers' names so the family could then ask the Children's Court for permission to have their names published.
The judgment said the Supreme Court should retain full carriage of the matter, given it was the sentencing jurisdiction. And it said the DPP had failed to argue any merit for seeking the lifting of the suppression order.


Herald Sun (3-9-2011)
Mark Dunn
http://www.heraldsun.com.au/news/more-news/victims-daughter-begs-to-see-chief-justice/story-fn7x8me2-1226128476601




Bid to name killer

PEOPLE power has forced the Director of Public Prosecutions to urge a Supreme Court judge to reveal the identity of Geelong's infamous granny killer and his sadistic mate.
Frail great grandmother Marie Greening Zidan, 73, was sexually assaulted, bashed and then choked to death by two teenage mates, aged 15 and 16, at her Seaford home in 2000.
But laws have prevented them being named even though one reoffended a month after being released while living in Geelong.
Ms Zidan's daughter, Janine Greening, told the Geelong Advertiser after the court hearing yesterday her mum's killers had shown no remorse and it was in the interest of public safety their identities were known.
"It's not as if they hit someone and took their bag it was an evil, horrific and sadistic crime," she said.
"They raped, bashed, strangled and tortured my mother and it is one of the most horrific crimes committed by two young offenders in Victoria."
Supreme Court Justice Bernard Bongiorno was yesterday asked to lift the suppression orders he made in 2001 in a bid for Ms Greening to ask the Children's Court to allow the names to be published.
Laws prevent the names and photos of people under 18 being published but the Children's Court can allow a child offender to be named under certain circumstances, but can't do so while there is still a suppression order from another court.
Lawyers for the men, who were jailed for nine years for the crime, argued there was no public interest in revealing their names and and it would not assist in their rehabilitation.
The Geelong Advertiser last year started a campaign to reveal the identities of child offenders for crimes such as rape, manslaughter and murder after one of Ms Zidan's killers offended while on parole.
The killer, now aged 26, was convicted and fined $800 in the Geelong Magistrates' Court last April for selling a stolen bike for $20 to buy alcohol.
During the paper's campaign, Victoria's Chief Justice said a review was needed of suppression order laws and both sides of politics pledged to make changes to the law after the story broke.
The mother of UK toddler James Bolger, who was murdered by two children, and radio broadcaster Derryn Hinch also called for the killers' identities to be revealed.
The teens were charged with murder but their charges were later downgraded to manslaughter after a deal was struck with the prosecution.
Each was sentenced as an "aider and abetter", rather than as the perpetrator of the crime. Justice Bongiorno sentenced the pair to six years but the Court of Appeal hincreased the terms to nine years after widespread public condemnation.
The High Court later threw out the killers' appeal after they claimed their sentence was too harsh.
Ms Greening said until her mum's killer's were named, her mother's death did not have a meaning.
"The system has never valued my mother as a person her death should not be in vein," she said.
Justice Bongiorno will make a decision on the suppression orders at a date to be fixed.


(5-8-2011)
Aleks Devic




Family of Marie Greening Zidan wants her killers named

THE family of a great grandmother bashed to death by two teens say they should be allowed to name the killers to protect future victims.
Marie Greening Zidan, 73, was sexually assaulted, beaten and strangled by two local boys aged 15 and 16 in her Seaford home in 2000.
The two killers are now adults and living anonymously in the community after serving their sentences for manslaughter.
But the Director of Public Prosecutions today asked the Supreme Court to lift a suppression order keeping the killers' identities secret.
The move came after almost a decade of campaigning by Ms Zidanís daughter, Janine Greening, and her family.
Ms Greening said she feared the killers still posed a risk and had never shown any remorse, taunting their victimís family and flouting parole conditions.
"It wasnít just someone stealing a handbag. It was an horrific crime," Ms Greening told heraldsun.com.au.
"It is about public safety. These two are sex offenders and they are murderers.
"The courts owe to my mother that we as a family can name who did what to my mother.
"Itís been 11 years of complete silence ... these suppression orders have got to go."
Daryl Brown, for the DPP, asked Justice Bernard Bongiorno to lift the order he made on the killers in 2001.
That would then clear the way for Ms Greening to ask the Childrenís Court to allow the names to be published.
The Childrensí Court can allow a child offender to be named under certain circumstances, but canít do so while there is still a suppression order from another court.
The pair pleaded guilty to manslaughter after a plea deal with struck by prosecutors, with each blaming the other for Ms Zidanís death.
They were given at least four years jail by Justice Bongiorno but the term was increase to at least six after an appeal by the DPP.
The menís lawyers told the court the order should stay to allow their rehabilitation to continue.
They argued there was no public interest in the naming of child offenders once they had reached adulthood.
The court was told one of the men had committed further offences, although Ms Greening said outside court the other had also broken parole twice and been arrested for drug trafficking.
One now lives interstate but the other has returned to area where he killed Ms Zidan Ė forcing his victimís extended family, who still lived there, to relocate.
Ms Greening, who now advocates for victimsí rights, was supported in court by the relatives of other homicide victims.


Herald Sun 4-8-2011
Elissa Hunt
http://www.heraldsun.com.au/news/more-news/family-of-marie-greening-zidan-wants-killers-named/story-fn7x8me2-1226108231309


'Name and shame killers'
Marie Greening Zidanís family plead for the right to name the 73-year-oldís teenage killers, who sexually assaulted her before strangling her to death.


Bulger's mum says name killer

BRITISH toddler James Bulger's mother has thrown her support behind calls to name the killer of a Melbourne grandmother.
Denise Fergus, whose son James was murdered by two 10-year-olds, said she understood concerns about the killer living anonymously.
The man was one of two teenagers, aged 15 and 16, who sexually assaulted and strangled Marie Greening Zidan, 75, in 2000.
He cannot be named because of his age at the time of the offence, but is facing new charges just months after he served a nine-year sentence.
After it was this month revealed he was living in Geelong, concerned residents called for him to be identified.
A spokesman for Ms Fergus said: "Denise is very concerned to hear of the shocking details of this case in Geelong and the fact that secrecy is being maintained after the killer re-offended.
"She shares the concerns of the Geelong community and believes they have a right to know that there is a killer cloaked by secrecy living in their midst."
On the killer's release last year, Ms Greening Zidan's daughter Janine said the secrecy surrounding his identity put the public at risk.
Now in his mid 20s, he was recently charged with criminal offences.
He had previously been returned to prison in 2007 after breaching curfew orders just weeks after being granted parole.

Herald Sun (29-3-2010)
David Murray

Sadistic killer on new charges

THE killer of a Melbourne grandmother is facing criminal charges months after his release from prison on parole.
The man was a teenager when he and an accomplice murdered 73-year-old grandmother Marie Greening Zidan in her Seaford home in 2000.
His identity cannot be revealed because of his age when he committed the Seaford killing.
The Herald Sun cannot say why a new gag order was imposed yesterday in a Magistrates' Court or report any part of the court proceedings.
The man, now aged in his mid-20s, is facing charges relating to stolen property and obtaining property by deception.
Ms Zidan was bashed, strangled and sexually assaulted in the horrific attack 10 years ago.
The two teenagers broke into her home, and attacked their helpless victim while her disabled son lay terrified in another room.
After their arrests, the killers tormented Mrs Zidan's daughter with obscene telephone messages from a juvenile justice centre.
The man, who is facing charges in Geelong, was released from jail on parole in November.
He had breached parole conditions in 2007 when found wandering the streets in contravention of his curfew.
Mrs Zidan's family and victims' rights advocates said after last November's prison release that the killers should be named publicly, making an exception to the rule that juvenile offenders remain anonymous.
There have been previous legal battles to allow their public identification, but none has been successful. Mrs Greening Zidan's daughter, Janine Greening, said in November she held fears for the community after the man's release.
She said the men had shown no remorse for the murder.
This was exemplified, she said, in 2001 when one of the men broke the ankle of a work experience student during a scuffle over a bag of sweets at the Melbourne Juvenile Justice Centre.
"Of course he should be named. How many chances should you get?" Ms Greening said last night.

Herald Sun (2-3-2010)
Mark Buttler

Outrage Over Killer's Rights

VICTORIANS have branded the justice system that lets the brutal killer of great-grandmother Marie Greening Zidan roam Melbourne's streets under a shield of anonymity a disgrace.
The Herald Sun has tracked down the 21-year-old, who was released on parole just before Christmas after serving little more than six years' jail for bashing, sexually assaulting and choking the 73-year-old in 2000.
Most of his time was served in youth detention as he was 15 and his friend 16 when they attacked Mrs Zidan in her Seaford home while her intellectually disabled son Peter lay terrified in another room.
The killer's identity and new address cannot be made public without court permission because of his age at the time of his offence.
The law bans naming offenders under 18 without special permission from the Children's Court.
It has never been granted in a serious criminal case.
News that one of the killers was enjoying his freedom sparked outrage from Herald Sun readers.
Most anger was directed at a justice system many described as disgraceful and out of touch.
"You have to wonder if the lawmakers/ministers would have the same level of disregard if the victim was their mother or grandmother," wrote Andrew of Seaford.
Leya Baykiz said she wanted to know where the man was living because she was afraid for her young daughter.
Mark Ryan of Melbourne said: "Name and shame, as well as apply some type of justice. It places such a poor and unacceptable value on Mrs Zidan's life."
The State Government refused to respond yesterday, but the State Opposition called for the right of young offenders to anonymity to be scrapped.
Acting shadow attorney-general Andrew McIntosh said the onus should be on children accused of homicide or rape to convince a judge their case and identity should not be openly reported, not the other way around.
"It's about the community having confidence in the criminal justice system," he said.
The courts have refused bids by the Herald Sun to lift the order protecting the man's identity now that he is an adult.
Mrs Zidan's family have long campaigned for the cruel duo to be publicly identified in the interests of protecting the public.
They were charged with murder but struck a deal with prosecutors and pleaded guilty to manslaughter.
Neither has admitted who killed Mrs Zidan and sources within the juvenile system have told the Herald Sun they have shown no remorse for taking her life in order to steal just $10 in loose change.
They were both jailed for nine years with a minimum of six. The one still in jail has also applied for parole but is yet to be freed.

Herald Sun (6-1-2007)
Elissa Hunt

Great-Grandmother's Teen Killer Free For Xmas

ONE of the teenage killers of great-grandmother Marie Greening Zidan has been freed from jail in time for the Christmas break.
The Herald Sun understands the man, now 21, was released yesterday after serving little more than six years for the brutal attack.
But he can keep his past secret from his new neighbours, employers and workmates because of court orders designed to protect his identity.
He was 15 when he and a friend, 16, broke into Mrs Zidan's Seaford home in 2000 and bashed, choked and sexually assaulted her as her intellectually disabled son lay terrified in another room.
They were jailed for nine years with a minimum of six after striking a plea deal with prosecutors for their murder charges to be reduced to manslaughter Ė so neither ever had to admit who actually killed Mrs Zidan.
Bids by the Herald Sun to name the killer as he returns to the community have been rejected by the courts, which have deemed the pair's rehabilitation more important than the public's right to know who they are.
The family of Mrs Zidan, 73, declined to comment on the man's release but have fought for years for the right to name and shame the killers.
The second youth has also applied for parole.
The man released yesterday is from a known criminal family and has shown no remorse, even taunting his victim's family with lewd phone messages while behind bars.
One of the killers threatened staff at a youth detention centre during his sentence, saying people would "get hurt" if they interrupted his lap swimming or table-tennis.
The Herald Sun also revealed in February that one of the two youths was allowed out 85 times for family visits, trips to the dentist and to get a learner's permit. The two had access to swimming pools, big-screen televisions and computer games while Mrs Zidan's son Peter was forced into a nursing home.
Mrs Zidan's daughter Janine Greening now helps other families affected by crime and wants a public register of sex offenders of all ages, including the two killers.
As vice-president of Victoria Homicide Victims Support Group, Ms Greening was so disappointed by Supreme Court Justice Bill Gillard's refusal to lift the suppression order on the pair in September that she wrote to him for evidence of the pair's rehabilitation.
"I am worried about public safety, as the youths have been protected all along," she said in a letter to MPs.
"You cannot be rehabilitated if you have no remorse."
The family's plight was yesterday echoed by retired MP Robin Cooper, whose elderly mother was killed in tragically similar circumstances by a teenager in 1977.
"The rights of 99 per cent of the community should be put ahead of the one per cent who commit the offences," Mr Cooper said.

Herald Sun (19-12-2006)
Elissa Hunt


Granny Basher's Up For Parole


TWO callous killers who bashed and strangled a great-grandmother in her own home will face a parole hearing next week.
Now aged 21 and 22, the men were teenagers when they sexually assaulted and killed Marie Greening Zidan, 73, in her Seaford home on October 15, 2000.
Her disabled son, Peter, was present when Mrs Zidan was punched in the head, chest and back and had her ribs broken before she was strangled.
The killers, who were 15 and 16 at the time, were jailed for nine years with a minimum of six and can't be released until at least October 16.
One blamed the other for the killing and the other denied he was even there. Prosecutors later accepted pleas of guilty to manslaughter and dropped murder charges.
The Supreme Court last month refused a bid by the Herald Sun to lift a suppression order banning publication of the identities of the killers when they are paroled, saying rehabilitation was more important than the public's right to know who they are.
Mrs Zidan's family know the killers and have spoken of their fears for their safety and for the rest of the community if the pair, who have never apologised or admitted which one killed the great-grandmother, are freed.
While behind bars the pair left an offensive and taunting message on the answering machine of Janine Greening, Mrs Zidan's daughter, and one threatened staff at the juvenile centre where he was being held.

Herald Sun (7-10-2006)
Elissa Hunt


Name These killers


CRIMINALS and anonymity. The two words should never go together.
If you ask the public whether criminals convicted of heinous crimes should be able to remain anonymous, even when released back into the community, the answer is an obvious, no.
Should murderers and rapists, such as Mr Baldy or Derek Ernest Percy, be able to roam our streets without the public knowing their identities?
Clearly not. But that is exactly what is about to happen. Two men who, as juveniles, sexually assaulted 73-year-old grandmother Marie Greening Zidan in her Seaford home before bashing and strangling her in 2000, will be released into the community this month as adults.
Legislation in Victoria should be overhauled to allow juvenile offenders to be identified in rare cases.
The identities of Marie Greening Zidan's killers have never been revealed.
A bid by the Herald Sun for permission to name the men failed and with it any real hope of these men ever being publicly identified.
These men not only committed this terrible crime, they have never apologised or shown remorse.
After the murder, they taunted the victim's daughter by leaving an offensive message on her answering machine.
Naming and shaming adult criminals is certainly a part of the public desire to identify such criminals. But perhaps of greater importance is the community's right to protect itself against these criminals.
This argument is no less sound when applied to the case of juveniles who commit heinous crimes and who are released back into the community as men.
Why should the two men who killed Marie Greening Zidan be permitted to roam the streets without the public knowing their identity?
These callous criminals are now 21 and 22.
And what about the family of the victim?
Family members have to live with the fear that at any moment they could bump into these men in the street. The men came from the same area as their victim and so the family's fear is a real one.
So why does Victorian legislation go so far in protecting these men?
There are two main reasons behind the legislation and neither seems justified in this case.
F IRST, a juvenile's chance of rehabilitation might be hindered if they were identified. Juveniles might be less able to deal with the impact of being identified in the media.
But here we're dealing with grown men. Either they are rehabilitated, in which case more publicity shouldn't matter or, if they are not, there is a greater reason to identify them.
Second, the legislation recognises that a person should not be labelled and stigmatised forever for something they did when their mental capabilities were not fully developed.
In most cases this argument is entirely convincing. But it focuses on the criminal's rights. Surely this must be balanced against the rights of victims and their families and the general public?
There must be cases where the public's safety must outweigh the criminal's rights.
And when criminals show little or no remorse for their actions, it seems obvious that they should not get the same protection for what could otherwise be seen as a child's "stupid mistake".
The suggestion of identifying juveniles who commit serious crimes is not a new one.
In the Northern Territory, the legislation is the opposite to Victoria. For serious crimes, juveniles can be identified unless a court decides otherwise.
In NSW, the legislation is similar to Victoria but specifies a wider set of circumstances in which juvenile offenders can be identified.
The public's right to know is given greater emphasis in the NSW legislation.
For example, in 2004 various juveniles in a series of gang rapes in Sydney in 2000 were able to be identified.
By contrast, in Victoria the media cannot identify juveniles, even when they become adults, without court approval.
The legislation contains almost no acknowledgment of the public's right to know.
And the proof is that the legislation has never been used in Victoria to identify serious juvenile offenders in the public interest.
MARIE Greening Zidan's daughter, Janine Greening, has called for the legislation to be changed to permit identification of serious juvenile offenders.
And why wouldn't she?
Victorian law places too much importance on the criminal's right to anonymity and not enough on the public's right to know.
This imbalance should be addressed and the legislation amended to allow identification of men who, as juveniles, committed heinous crimes.

Herald and Weekly Times (11-10-2006)
Justin Quill
Justin Quill is a partner with Corrs Chambers Westgarth, lawyers for the Herald Sun.

Hiding The Killers

TWO young killers who could be paroled within weeks will remain anonymous once they walk free. And the public is entitled to ask why.
The Herald Sun fought an unsuccessful Supreme Court battle to lift an order banning the publication of their identities.
Frail Marie Greening Zidan died a brutal death at the hands of the two thugs, then aged 15 and 16, in her own home.
The pair sexually assaulted, bashed and strangled the 73-year-old as her handicapped son watched on in horror.
The justice system places a very high value on the rehabilitation of child offenders and anonymity is part of that process.
But the killing of Mrs Zidan is an exceptional case for a number of reasons.
Her two killers, now aged 21 and 22, never acknowledged what they did, have never apologised or shown a shred of remorse.
Mrs Zidan was murdered but because the killers blamed each other, a legal quirk allowed them to plead guilty to the lesser charge of manslaughter.
While in custody they taunted and threatened Mrs Zidan's family, one of them threatened his jailers and they have generally been unco-operative and unruly.
Her grieving daughter, Janine Greening, said public safety should take precedence over the rights of killers, however young.
Ms Greening is absolutely correct.

Herald/ Weekly Times (29-9-2006)


The following comments are from Ms Greening (The victims daughter)...
Ms Greening said she was lobbying to have their names made public.
"This has got nothing to do with being a vigilante. It is about protecting the public," she said.
"When they go to get a job, their records will show they have been in a youth detention centre, but not what they have done. People think people are in juvenile centres because of minor crimes, not for bashing, sexually assaulting and murdering a 73-year-old.
"They will be released and you won't know if they are living next-door or going out with your daughter."

www.agedcarecrisis.com

Savage Teen Home Invaders Lose High Court Appeal

Two teenagers who sexually assaulted, bashed and strangled a grandmother during a home invasion four years ago lost a High Court bid today to be released this year.
The men, who cannot be named, were aged 15 and 16 when they attacked 73-year-old Marie Greening Zidan in her Seaford, Melbourne, home in October 2000.
The full bench of the High Court today found the seriousness of the attack on Mrs Greening Zidan warranted the nine-year jail term imposed by the Victorian Court of Appeal.
"The Court of Appeal was right to accept that this was an extremely serious case of manslaughter, occurring in circumstances of extreme aggravation," the court said.
"The circumstances in which that act occurred involved home invasion, robbery, and a brutal assault on an elderly and vulnerable victim."
Today's finding came after lawyers for the men argued the prosecution broke a plea bargain agreement by appealing against the initial Supreme Court sentence.
A jail term of six years with a non-parole period of four was increased to nine years with a minimum of six in August 2002.
The pair had pleaded guilty to manslaughter after the crown reduced the charge from murder because it could not prove which of the boys was the killer.
The boys first entered the Seaford house Mrs Greening Zidan shared with her 47-year-old intellectually disabled son on October 14, stealing a handbag and cash.
They returned the next night, waking Mrs Greening Zidan.
Prosecutor Boris Kayser told the Supreme Court they had a chance to escape but instead attacked and killed the defenceless woman.
She took blows to the head, chest and back, suffered fractured ribs, was sexually assaulted and died from strangulation.
The court was told the pair, who were high on paint fumes when they broke into the house, showed little remorse, with one of them telephoning Mrs Greening Zidan's daughter and leaving a "crude, offensive, distressing song" while awaiting sentence.
The men are eligible for release in October 2006.

AAP (19-5-2004).

Tougher Sentences Urged For Teen Killers

Two teenage killers of a frail 73-year-old grandmother should receive longer jail terms than their four-year minimum sentences, the Victorian Court of Appeal heard today.
The sentences, which could see the boys released in two-and-a-half years, were manifestly inadequate, counsel for the Director of Public Prosecutions, Bill Morgan-Payler, QC, said today.
"At the heart of this appeal is the assertion that this crime is a grave crime of manslaughter," Mr Morgan-Payler said.
In April, Supreme Court judge, Justice Bernard Bongiorno, jailed the boys, now 16 and 17, for six years and fixed a minimum non-parole term of four years.
The sentences meant that the boys could be eligible for parole within two-and-a-half-years, taking into account the 18 months already spent in custody.
The sentences outraged the dead woman's family and victim support groups.
The boys pleaded guilty to the manslaughter of Marie Greening-Zidan, whose battered, bloodstained body was found on her bedroom floor on October 16, 2000.
The boys, then habitual paint sniffers, were 15 and 16 when they attacked Mrs Greening-Zidan at her bayside Seaford home during a botched-break-in.
According to the Crown, the boys could have made good their escape when Mrs Greening-Zidan woke up, but instead they attacked and killed the defenceless woman.
Mrs Greening-Zidan had been strangled but she also had been beaten about the head, chest and back, suffered fractured ribs and had been sexually assaulted.
Mr Morgan-Payler today said evidence during the trial did not disclose that killing had been on their minds at the time of the break-in.
However being faced with a choice, each boy chose to remain in the house and became party to a killing.
Mr Morgan-Payler said it was of great significance that each boy admitted continuing to ransack the house after the attack on the woman.
He said the sentencing judge had given too little weight to the gravity of the offences and too much weight to rehabilitation.
Barristers for the two boys asked the court not to interfere with the sentences.
Ian Hill, QC, for the older boy said Justice Bongiorno had sentenced "appropriately and properly". The presiding judge, Chief Justice John Harber Phillips, sitting with Justice Alex Chernov and Justice Frank Vincent, said the judgment would be handed down at a date to be fixed.

The Age (31-7-2002)


TOUGHER FEDERAL/ STATE LEGISLATION IS NEEDED For PAEDOPHILES-SEX OFFENDERS IN AUSTRALIA.SEVERE PENALTIES and DETERRENTS ARE WARRANTED.


Decision Soon On Kill-Case

The Director of Public Prosecutions will announce by the end of the week whether he will appeal against the sentences in the Marie Greening-Zidan case.
His move follows a plea made to him yesterday by the two daughters and a grand-daughter of Mrs Greening-Zidan, 73, that the six-year sentence given her killers was inadequate.
Speaking after a two-and-a-half-hour meeting with the DPP, Paul Coghlan, QC, yesterday afternoon, Susan and Janine Greening said they felt their concerns had been acknowledged "regarding the unfairness or the lightness of the sentence".
The Greening family also raised their concern that "their (the offenders') age had a lot to do with them getting a lighter sentence".
Last Wednesday, Supreme Court justice Bernard Bongiorno sentenced the two chroming addicts, now aged 16 and 17, to six years' jail, with a minimum of four, for manslaughter.
Because they have already spent time in custody, they could be released in two-and-a-half years.
Mrs Greening-Zidan a psychologist, was sexually assaulted, beaten, choked and smothered after the boys, then aged 15 and 16 broke into her Seaford home in October, 2000.
They stole between $10 and $15.
Also at yesterday's meeting were homicide squad detectives, members of the crown prosecutor's office, and a psychologist organised by the Crime Victims Support Association.
Susan Greening said they learnt that members of the public had written to the DPP asking that the sentences be reviewed.
Janine Greening said that should the DPP decide against an appeal, she and her sister would lobby "to change the law (so) that other people don't have to go through the very small sentences that are handed out".

(9-4-2002)
Andra Jackson


Teen Killer Abused By Pedophile

A TEENAGE killer who strangled an elderly woman in her home had been sexually abused by a pedophile for three years before he killed her, a court was told today.
Noel George Martin, 55, of Elstar Road, Narre Warren, Melbourne, today admitted sexually assaulting the teenager on 13 occasions between 1994 and 1997.
Martin pleaded guilty in the Victorian County Court to three counts of gross indecency, 13 counts of indecent acts with a child and nine of sexual penetration with a child.
Martin also blamed childhood sexual abuse for his behaviour, saying through his lawyer that he had been raped as a child when placed in a boy's home after the death of his parents.
Crown Prosecutor Michael Hennessy told the court that the victim was nine years old when Martin started abusing him.
Martin, a family friend, was his babysitter and the abuse happened in his own home and at the victim's home.
Three years after the abuse ended, the boy who was then 15 strangled and sexually assaulted a 73-year-old woman at her Seaford home in August 2000.
He and a teenage friend were high on paint fumes when they broke into Marie Greening Zidan's home, where she was accidentally woken, bashed, sexually assaulted and strangled.
They escaped with $10 and were sentenced to a minimum of six years jail after they pleaded guilty to manslaughter at the Victorian Supreme Court.
The Victorian County Court heard Martin was arrested by police in December 2004 after the boy made a statement to police from prison outlining the abuse he endured at the hands of the paedophile.
Martin has also admitted to sexually assaulting another boy on several occasions between 1980 and 1984.
Martin's lawyer, David Sexton, said his client had suffered a traumatic childhood, was raped as a child when he was placed in a boy's home after the death of his parents and blamed this for his behaviour.
He said Martin had the intellectual functioning of a seven to eight-year-old, suffered a traumatic childhood, had successfully completed a sexual offenders program which assessed him as posing a low risk of re-offending.
Judge Bill White remanded Martin in custody and will sentence him on Friday.

AAP (18-7-2005)
Mariza Fiamengo


Alleged Child Sex Offender Bailed

A MAN accused of raping a boy who subsequently robbed and killed a 73-year-old woman was granted bail today under strict conditions in Melbourne Magistrates Court.
Noel George Martin, 55, of Narre Warren, is charged with two counts of rape, two of sexual penetration of a child under 16 and three of indecent acts with a child under 16 for alleged offences committed between 1994 and 1998. Prosecutor Michael Robinson told the court Martin had admitted to five offences and it was expected he would face another 30 charges.
He said Martin maintained a sexual relationship with the boy, offering money for sexual contact and paying a further sum after.
Martin touched the boy's genitals and forced him to perform oral sex, the court was told.
The charges were based on signed statements from the victim, who was convicted along with another boy of the manslaughter of Marie Greening Zidan, 73, in her Seaford home in October 2000.
The boys, aged 15 and 16 at the time, were high on paint fumes when they entered Mrs Zidan's house and attacked after accidentally waking her up.
The teenagers struck Mrs Zidan on the head, chest and back, sexually assaulted and strangled her before escaping with $10.
They were charged with murder but pleaded guilty to manslaughter in a Supreme Court plea bargain.
The boys were sentenced each to six years' jail with a non-parole period of four years, but this was increased to nine years' with a minimum of six in 2002 on a Director of Public Prosecutions appeal.
They will be eligible for release in October 2006.
Martin was arrested at his house yesterday and was remanded to appear in court today.
Magistrate Ian McGrane today bailed Martin to reappear in the Melbourne Magistrates Court for a committal mention hearing on March 10 next year.
He was ordered to report to Narre Warren police station daily, to remain at his home address, not to contact any prosecution witnesses or relatives of the victim, not to have contact with anyone under the age of 16 and not to be in the vicinity of a place where children under 16 gather or could be expected to gather.

AAP (16-12-2004)
Jamie Duncan

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