Legal
TRAGEDY: Theophanous resigns to fight claims // Thornley blessed by Brumby for promotion
Theo Theophanous, Victoria’s Minister for Industry has resigned after being charged with one count of rape by Victoria Police on Christmas Eve.
The charge – based on a claim by a woman who cannot be named for legal reasons and who waited nearly a decade before coming forward with them – is expected to take the best part of a year or more to resolve itself in the courts.
Theophanous resigned immediately to devote himself to his defence and it is expected that Evan Thornley, a former businessman who ran one of Australia’s most notorious tech wreck companies, will be promoted over the other hopeful Martin Pakula.
EVAN THORNLEY’S SMELLY YEAST RISING
The timing of last week’s NUW frolics did little to help the highly regarded and strongly performing Mr Pakula, seen as closely aligned with that union. The fact that Thornley has been enthusiastically courting support from that group too hasn’t counted against him enough.
One observer told VEXNEWS “Thornley is the Premier’s personal choice. The extent to which he’ll make that clear will depend on just how much of a fight Pakula puts up.”
A Pakula supporter said that he also expected Thornley to win, not because he had the numbers or was a superior candidate but because Thornley had the Premier’s blessing.
Thornley won’t necessarily get the same senior role as Mr Theophanous had but is expected to receive at least some of his innovation related responsibilities.
A key backer of Mr Thornley has been the upper house leader John Lenders who is a much underestimated powerbroker within the Victorian government. Lenders had strongly encouraged Thornley to join the moderate Labor Unity faction despite a lifetime of being critical of factions and particular Labor Right ones. In recent times, Thornley surprised Lenders and his friends by being seen to trade his sole State Conference vote around with all the unsentimental rigour normally associated with Russian super-pimps. Some say he ended up in the loving arms of the LRA sub-faction of the Right, despite lengthy negotiations with rivals like Robin Scott, the NUW, Michael Danby’s crew and others. Only in the ALP and Melbourne Club is “day-trader” an insult. It was certainly most frequently applied in Thornley’s case.
ONE MAN’S PAIN IS INJUSTICE FOR ALL OF US
Meanwhile of course, an unspeakable tragedy has occurred. We have never before had to comment at length on a case involving claims of this magnitude after charges have been laid. We’ll take a careful look at what truths ought to be left unsaid about the curious situation of a very high profile citizen being accused of a gravely serious crime nearly a decade after the alleged offence.
It certainly seems curious as the MP pointed out today that Victoria Police chose not to accept his request to be re-interviewed. You have to wonder what facts or perspective they didn’t want to hear or consider. It’s very alarming and will presumably all come out in court soon enough.
The approach that legal insiders tell VEXNEWS some prosecutors take is that they want the courts to sort out the truth in he-said, she-said cases. If that assertion is true, it is very alarming indeed, because in some cases the allegation alone does untold harm. In this case, an untested allegation has cost the MP his ministerial career. His accuser has already succeeded – in part – in costing the MP dearly.
We are reminded of the words of the Greek playwright Aeschylus famously partly quoted by Senator Robert Kennedy:
He who learns must suffer. And even in our sleep pain that cannot forget falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God.
Theo will remain in the prayers of many patriots, inspired by his political evolution, smarts, achievements, eloquence and brilliance. We hear their cry “Keep fighting for justice.” And we cannot help but think that no one – no male at least – is safe from this kind of situation. For possibly the thousandth time we shake our head in disbelief at how tough and cruel and miserable public life can be at times. Those dedicated to it pursue a heroically brave and noble enterprise.
Discussion
46 comments for “TRAGEDY: Theophanous resigns to fight claims // Thornley blessed by Brumby for promotion”
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Suspects do not dicate terms re when and how often they are interviewed. Next you’ll be wanting him to impose his own sentence
Merry Xmas Theo, pack the tooth brush.
Don’t worry Theo my Articles Clerk will fix it.
Plod is correct insofar as the normal procedure is concerned. In this unusual case we have a suspect who appears to have sought an extra interview and had it refused. In the ordinary course of events, VicPol welcomes suspects who wish to come in for a chat and reveal as much as possible. Why they didn’t want to hear from Theophanous is a mystery that can be attributed to the most likely scenario of already having sufficient evidence to proceed and not wanting new evidence to cloud the narrative.
Because it’s a politician, they’ve already got the scalp they wanted by merely charging him. Cops 1 Pollies 0
Now he should quit Parliament as well. A disgraced just like his brother!!!!!
Interesting. Destroy someone’s reputation and career from the cloak of anonimity.
Why aren’t the identity those making allegations also public?
Gavin Disney is another who is publicly humiliated whilst his accuser remains safely anonomous.
Dearest Theo, the dearest of all Greco figures.
Prison isn’t all that bad. In fact you probably encounter much brotherly love although a very different kind compared to our fraternal bonds, exepting of course that crazy weekend in Dromana back in 1974. Ahh to be young and curious again. Heed Fatty;s advice though, Many Ollies lurk in the shower blocks.
Theo is a decent man. It is a disgrace that his accuser can remain anonymous, yet a good MP and a good Minister can have his office and reputation destroyed.
The Brumby government does the same with the EPA. A Caroline Church linked it to the Stasi on Poll Bludger and she’s not wrong. The EPA sends infringement notices to people who are the victims of complaints from people who remain anonymous. Shame Gavin Jennings. Shame Mick Bourke.
We both think the accuser is a whore slut who is just in it to make a buck in a civil claim…we hope she dies from AIDS.
The fact that he wanted to be re-interviewed just proves he wanted to put a new spin on the lie. What a disgrace, typical ALP
Sorry to hear the bad news about Theo…still remember that we are all considered innocent until proven guilty…there may yet be justice…
Evan Thornley is a good choice to join the frontbench…fresh face, non-hack background and able to bring different kind of thinking to State Gov…good luck…
Hey Plod,
For Christ sake change that ringtone she gave you in Greece. People have started asking questions about what you had to do to get it – What a wanker!
-Steve/John
If pollies broke deals as easily as cops do the country would collapse. Wasn’t there a deal to reinterview?
What was it that Theophanous might say that police did not want the OPP to hear?
In Disney case the matter involves a minor. But I think it is unjsut that the alleged accuser can not be made public whilst t6he accused has to suffer trial be media without the right to a full and proper defence. Theo should seek to sue for damages in the courts also.
I wonder how you can prove rape if there is no witnesses and no evidence. Not even DNA could provide proof beyond doubt after 10 years. I believe that the courts should lift the suppression order or equally apply it to both the defence and the accuser.
Theo should respond agressively by suing his accuser for defamation. That’ll muddy the waters if nothing else. It would probably also get the lady’s name in the papers legally.
There are some awful people who are commentators on this blog. Some of these people are doing naughty things, courtesy of Mr Rudd. The story below from Brisbane clearly tells us why:
MX (the Brisbane News Ltd freebie) yesterday, 24 December 2009, said this:
The Rudd government’s stimulus package has caused record patronage at some brothels, says a Gold Coast business.
The Pentagon Grand brothel on the Gold Coast last month recorded its highest patronage in seven years despite November normally being a slow month.
General manager Rachel Love said Rudd’s stimulus package was responsible for the spike.
“It’s clear some men are shouting themselves an early Christmas present with the bonus funds,” she said.
Some of those who criticise Theo are doing exactly what the previous post suggests. Dirty so and sos and complete hypocrites.
I’m yet to meet a single person who thinks Theo will be convicted. This should be laughed out of court.
Yes “innocence” we all have looked at the case file and can make such comments!….. Im always bemused as to why people think politics absolves you from legal scrutiny.
Clearly there is a significant case against Theophanus, otherwise after 10 years the brief would have been thrown out by the OPP.
I’m guessing that Theo has been caught in a lie, a big one.
This matter is unlikely to go to trial, if it does it will need much more than one person’s claim.
The kind of evidence that would be necessary to get one close to a conviction is medical/DNA evidence, witnesses, written confession etc.
Sounds like they’ve got nothing like that but we won’t know til the brief sees the light of day.
if it wasn’t likely to go to trial charges wouldn’t have been laid
ffs the guy is facing RAPE charges. This is a hideous crime. If true, he deservews to be punished. The commentary attacking the victim is nauseating.
They both did it. Mother theophanus created two self centred. Fuckers! Hope they both rot in hell!
You presume there is a “victim”. If the case is thrown out or Theophanous is found innocent, then there never was a crime committed, and therefore by definition no “victim”.
I am against any lenient sentence for Theo.
courts find “not guilty” they do do not declare “innocence”
Not guilty means the case was not proven beyond a reasonable doubt, it doesnt necessarily mean the crime didnt occur
Let us supporters of Mr Theophanous pray that a Magistrate named Goldberg hears the committal. His Honour Mr Goldberg SM is very skeptical of police claims. He was taken off a gangland case recently (actually he withdrew) but he should be OK to hear the committal in Mr Theophanous’s case. It is a pity he was criticised elsewhere on the net last night. We need his independence and compassion.
Due Process – are you for real? So, people found “not guilty” aren’t innocent?
Found “not guilty” means you arent innocent?
Sounds like the kind of logic the Gestapo loved to use.
If you follow “Due Process” line of thought, if you’re found guilty it doesnt mean you did it, just a jury thought you were likely to have done it. A very twisted mind Due Process has.
Whats going to happen to Theo’s mates in the party, ie Telmo? I hear that some fat Greek guy is going to challenge him at the next pre-selection
if you follow “Anonymous” logic it means OJ Simpson was innocent and didnt murder his wife.
http://www.google.com.au/search?hl=en&q=why+not+guilty+does+not+mean+innocent&meta=
OJ Simpson did not murder his wife because a Jury said he didn’t. If he had murdered his wife a Jury would have said so. You can disagree with the Jury verdict but their verdict is the final say as to the truth or untruth of the matter.
Isn’t it “innocent until proven guilty” ? Therefore if found not guilty, means presumption of “innocent” must remain?
Therefore a “not guilty” verdict equals innocent?
Just a thought.
Legally a person is found not guilty, not innocent, in all common law countries. That includes England (not Scotland), the United States (but not Louisiana) and New Zealand.
It is up to the prosecution in a criminal trial to prove its case beyond reasonable doubt. A person found not guilty may well be innocent, as many charges laid are frivolous or without foundation.
It is not correct, however, to use the term innocent in our legal system. In Scotland it might be, for in Scotland a jury has an alternative verdict and can find the prosecution case not proven. Presumably in Scotland the alternative verdict of not guilty might equate with innocence, but I am not an authority on Scottish law. The common law does not operate in Scotland, for the Scottish system has a non-common law basis that results from the incorporation of Scotland with England in 1707.
Hope this explanation helps.
“Anon 23:09″, OJ might have got off the criminal charge – but he was found guilty of unlawfully killing his ex and her bf by a civil jury. so although acquitted of murder, he’s officially a killer. and also now serving an awfully long time for beating up a couple of punks – kind of karmic justice.
wake up in there
http://www.news.com.au/heraldsun/story/0,21985,24849831-661,00.html
wake up – thornley’s resigning his seat
With Thornley going, it just proves that its a lot harder being a public servant than people think.
If you want to really work, become a pollie. If you want to slacken off, go work in the private sector.
I can not believe it Thornley has quit. What a wimp. There must be more to it then just a rich boy dabbling in Politics and then getting bored.
apparently his frantic phonearound to rally support was a tad disappointing…
Theo did it in Parliament House!
You silly little man!
That’s the biggest headline you could have bestowed on the community, and on history.
no decorum
Annoyomous-you really need to get your head out of your ass.
Your comments are vile and disrespectful to victims of crime who have not received justice.
Actually do your research before you post on here mate.
Due Process knows what they are talking about.
You say”You presume there is a “victim”. If the case is thrown out or Theophanous is found innocent, then there never was a crime committed, and therefore by definition no “victim”.”
Try telling that to a child sexual abuse victim who as an adult tries to obtain justice against there attacker in a court of law..no prizes for guessing the offender will be found “not guilty” yet a crime certainly was committed many years ago against an innocent child.