Mark Oberhardt | November 23, 2011 12:24PM | The Courier Mail
A JURY which convicted a Gold Coast tiler of murdering his defacto wife in a violent domestic confrontation should have been told the victim allegedly had a history of alcohol fuelled rages, a court heard today.
Richard John Vollmer, 38, has always maintained he was acting in self defence when he repeatedly stabbed Alissa De-Monie, including 10 times in the back, at their Burleigh Heads, home two years ago.
A GILSTON father-of-three charged with shooting dead a man outside his house has been granted bail after aruging he acted in self-defence during a violent home invasion.
Lawyer Bill Potts said Kane Ronald Cook was the true victim and had wrestled a 9mm Luger from a balaclava-clad robber before shooting him in the leg.
FOR MORE ON THIS STORY, SEE TOMORROW’S GOLD COAST BULLETIN
Police allegedly found the shot man lying dead in the street with a 50 metre trail of blood behind him.
Cook, 29, faces one charge of manslaughter over the shooting death in the early hours of Tuesday morning.
Police prosecutor Sergeant Glenn Whittle opposed bail but Mr Potts said Cook had strong case for self-defence.
“He is the victim here,” he said.
Magistrate Catherine Pirie granted bail after noting the serious charge would likely eventuate in a trial some time in the future.
He was granted bail under conditions that he continue to live at his home of 10 years, report to police once a week, not apply for a passport or approach international departure points and not have any communication with neighbour witnesses except through his lawyers.
Cook’s case was adjourned for mention on August 24.
A friend of the dead man this afternoon told reporters he was “good bloke”.
“I can’t really say too much, my friend is lying in the morgue,” he said.
“I am not even sure if his family knows yet.”
Man accused of shooting death of man who allegedly broke into his home on Gold Coast is granted bail
A MAN accused of shooting dead a home invader during a desperate struggle has been granted bail in Southport Magistrate’s Court.
Kane Ronald Cook, 29, faces one charge of manslaughter over the shooting death of one of a group of four men who allegedly ambushed him in his family home at Gilston in the early hours of yesterday morning.
The injured man fled but collapsed and bled to death in the street where Mr Cook lives.
Police prosecutors opposed bail, but defence lawyer Bill Potts said Mr Cook had acted in self defence.
“He is the victim here,” he told the court.
He said Mr Cook had simply been trying to defend “his home, his castle” but had now been lumbered with a manslaughter charge.
“What kind of world is it we live in when a person who defends his own home from invasion can be opposed bail and then charged?” Mr Potts told the court.
Police told the court Mr Cook should not be granted bail, but the magistrate decided to free him, on the condition he report to police once a week.
The case was adjourned until August 24.
Man who shot Gold Coast home intruder is the ‘real victim’
MANSLAUGHTER CHARGE: Police at the scene yesterday following the fatal shooting of an intruder. Pictures: Inga WilliamsSource: Gold Coast Bulletin
MANSLAUGHTER: Police said the man came home to find three men inside.
Court told shooting an act of self defence
Man shot with his own WWII Luger pistol
Intruder had made map of man’s home
A GOLD Coast man who shot and killed an armed intruder did nothing wrong and was simply defending “his home, his castle”, a court has been told.
Kane Robert Cook, 29, faced court today charged with manslaughter after he shot one of four intruders he said were in his house when he returned home at about 1.40am yesterday.
The fatally wounded man lurched out into the street and bled to death in a gutter 50m away from Cook’s home at Gilston.
Mr Cook’s lawyer Bill Potts told the Southport Magistrates Court it was staggering that a man who’d simply defended himself against intruders was now facing a criminal charge.
“Under the law a man is allowed to use lethal force against a person who is demonstrably armed with a weapon and prepared to use lethal force against him,” Mr Potts told the court.
“Does a man have to be killed or bashed to pieces to justify killing an armed robber in his own home?”
Mr Potts said his client had returned home to find four intruders lying in wait for him inside his house.
Mr Cook struggled with one man, who had a gun and was wearing a balaclava, and managed to grab the weapon and shoot the intruder in the upper leg, Mr Potts told the court.
Police prosecutor Glenn Whittle said the wounded man ran up the street towards a car parked nearby and bled to death before he could reach it.
Inside the car, which was registered to an address at Benowa on the Gold Coast where the dead man had been staying, police found a jewellery box carrying the name of Mr Cook’s partner, a black balaclava, a homemade club and amphetamines.
When police later searched the Benowa home they found a hand-drawn “mud map” of Mr Cook’s house with his name on it.
Sergeant Whittle confirmed there’d been a struggle inside Mr Cook’s house before the shooting, with the dead man shot with a World War II Luger 9mm pistol.
Mr Cook had it in his hand when he went to his neighbour’s home and told them: “Call police, call ambos, I shot someone”, Sgt Whittle told the court.
He said after putting the gun down Mr Cook was allowed inside to call triple zero and told the operator he’d shot someone and had been robbed.
When police arrived, they found a pool of blood outside the house.
They followed the blood trail up the street and found the man’s body in the gutter, Sgt Whittle said.
Police told the court Mr Cook should not be granted bail, but magistrate Catherine Pirie decided to free him, on the condition he report to police once a week.
Marissa Calligeros | The Brisbane Times
July 4, 2011 – 2:23PM
Teenager allegedly bashed by victim
A teenager winds up in intensive care after allegedly being chased and bashed after trying to break into the garage of a Nerang home.
A leading criminal defence lawyer says it unlikely a teenager who chased down a younger teen after catching him trying to steal his pushbike will be charged.
However, his victim may face criminal charges over the botched break in.
The 13-year-old boy is in a stable condition in hospital after being caught trying to break into the garage of a Nerang house to steal a pushbike about 10pm on Friday alongside two friends, police said.
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The trio were disturbed by a 16-year-old boy, who then chased them down the street, before catching the younger teen.
The 13-year-old was later taken to the Gold Coast Hospital with serious injuries, but his condition has since stabilised.
Gold Coast lawyer Bill Potts said there was a clear line between self-defence and retribution, but the 16-year-old may escape criminal charges, as he is considered a juvenile under Queensland law.
“If an adult had done the same thing he would very swiftly find himself arrested for assault,” he said.
“The court and the law requires that people only use reasonable force. It does not entitle us or enable us to inflict harm on people.”
Mr Potts warned that residents can only physically defend their property as far as the driveway or back fence.
“The criminal code makes it very clear that people are entitled to defend their own property to the extent that it is reasonably necessary,” he said.
“If someone has invaded your house in the middle of the night then you can use sufficient force to repel them, to disenable them and get them away from your property.
“The duty of any person in those circumstances is to report it to call the police, perhaps follow them to identify them, but under no circumstances is it justified to effectively assault someone once the need to the defend the property and themselves is over.
“The idea of an eye for an eye and a tooth for a tooth is the rule of the jungle, it’s not the rule for Queensland.”
A police spokesman said officers from the Gold Coast Child Protection Investigation Unit were investigating an alleged assault.
“We’ve spoken with the boy and his family, but they have not yet made a formal complaint,” he said.
“The CPIU will speak with the family today.”
It is not clear whether the two teens knew each other before the incident.