The purpose of this website/ information is to promote public
awareness/ protection, prevent you and those close to you from the
potential dangers posed by individuals who have committed sex offences
in the past and to deter sex offenders from offending/re-offending.
Any criminal actions taken by persons against the offenders named within
this site, may result in arrest and prosecution of those persons.
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...
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.
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.
A BRUTAL granny killer who sexually assaulted his victim
says paedophiles should be shot dead so they
Gran Killer's Freedom Fury
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
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
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
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
There has been no help or support for them, none for my disabled brother, but plenty of support for the
Shame on our justice system for being so one-sided.
For victims, the scales of justice will never be balanced.
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
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)
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.
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.
'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
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)
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)
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
The killer's identity and new address cannot be made public
without court permission because of his age at the time of
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
"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)
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
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)
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
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
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)
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
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
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
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
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
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
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
Herald and Weekly Times (11-10-2006)
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
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
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."
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.
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
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
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
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 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
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".
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.
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
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.