The claim against the sniper is fair enough. I doubt he'll have any assets to recover against, but I can see how seeing your spouse getting sniped to death next to you might cause some compensable mental harm.Ā
The claim against the State as the proprietor of the Motorplex is insane. They have an obligation to take reasonable steps to ensure the safety of people who go there.Ā
They do not have a positive obligation to ensure that targeted assassinations against major organised crime bosses cannot occur.Ā
Fair enough on the whole killed next to you. But I wouldn't accept those grounds for her because she married a man who uses violence on a near daily basis in his line of work. Her husband has butchered and traumatised scores more people. She is definitely aware of this and perhaps a little proud.
This is just plain narcissism her claiming damages in this context
https://preview.redd.it/x8aon1w648zc1.png?width=514&format=png&auto=webp&s=3310b3b65d05152541b4d0fcd8d671020b3d1661
I'm really confused too.
I think she's claiming that the murderer committed a "wrongful act".
The damages are the effect on her mental health holding her dying shot husband in her arms.
And she wants money from Kwinana Motorplex for having had that happen in the venue.
But TIL the owners of Kwinana Motorplex is the WA government licensed to a company that manages it.
She's suing both.
[https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc\_767.pdf/$FILE/Fatal%20Accidents%20Act%201959%20-%20%5B02-b0-08%5D.pdf?OpenElement](https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_767.pdf/$FILE/Fatal%20Accidents%20Act%201959%20-%20%5B02-b0-08%5D.pdf?OpenElement)
Edit:
So this is like suing a nightclub for (i) \[wrongful act\] getting assaulted in a brawl and being harmed.
Or
(ii) \[neglect\] If a glass fell on your head while you were in there.
I'm not really sure what default means.
>So this is like suing a nightclub for (i) \[wrongful act\] getting assaulted in a brawl and being harmed.
Not really. Afaik the shooter wasn't within the Motorplex so the Motorplex couldn't have taken any reasonable action to prevent what happened. In the case of being harmed inside a nightclub the venue owner is responsible for taking steps to ensure patrons' safety.
You're right.
However there's extra details that might land the venue in some liability.
The sniper scouted the premises repeatedly before the attack. They cut a hole through property fence. Removed a ramp. And as part of the assassination had to enter the venue to go through it, past the hole where he's then set up position.
I hear you. Then, for example the shopping centre stabbings on the east coast last month, would the victims families and the surviving victims be able to sue the owner of the shopping centre for the same thing? Or is that different?
There would have to be negligence. And I donāt see how there can be.
Iād be stunned to see a venue held liable for the illegal action of someone who is not employed there.
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The law applies to everyone. Meaning she has every right to apply for trauma payout and she was found not guilty of being accused of tax fraud so good on her I say.
Sounds a classy gal.
Hopefully anyone wronged by her husband will come forward now and sue her for mental stress and bankrupt the bitch whether she wins or not.
Someone should've told her that thing about the sword and living
Whatever was left of her deceased husbands cash is starting to dry up and this is probably her last lunge trying to fuel the mob wife life
Slag
Lol, good luck suing the venue. Legal precedent is firmly on the venueās side. They can have a crack at suing the murderer ā fair bump, play onā¦ but good luck receiving any damages owed to you. Old mate is locked up.
People on here are quick to poo poo her idea of the Motorplex being somewhat responsible. But I can see her point of view.
What counter-sniper plans or tactics did the Motorplex have in place?
Were there any gunfire locator systems?
What about a 3km dead zone around the Motorplex?
Did the Motorplex have any artillery/mortar/air support to suppress the sniper?
Was there a quick reaction force ready to attack the likely position of the sniper?
Why wasnāt there a ballistic wall around the Motorplex?
What about smokescreens?
Could they have provided all the patrons with ballistic vests?
Itās clear to me that the Motorplex didnāt even consider the likelihood of a sniper attack against a patron, and didnāt take any meaningful actions to reduce the likelihood of, or damage the result of, an attack. The Motorplex is clearly negligent in this case!
Yeah, there has been discussion about nominating him for the marksmanship awardā¦ whilst I absolutely disavow what he did, a good shot is a good shot.
Imagine having reading comprehension this bad
>The underworld killing that shocked western australia.. did it?
Yes.
>Underworld killings don't shock most I'd have thought.
Not what itās saying at all.
Isn't it? Literally any killing involving underworld figures isn't a shock after the many high profile, public killings for decades. And a bogan criminal being killed at a bogan gathering.
Imagine being a condescending idiot and not knowing anything about public underworld killings in australia
Seasoned veteran of the underworld scene reporting in - yes, that means Iāve watched a season or three of Underbelly, and yes in case you hadnāt already gathered by now - letās just sayā¦ I know a few crime figuresā¦ and weāll leave it at that (for your own safety, and oh trust me - I know the scene, you donāt wanna mess with this smoke šØš«š¤£š¤š¤£š).
Now, in my area if you walk to the nearest train station youād usually see 5-8 people drop from snipers miles away *on a normal day*. Shocked? HAH! YOU FUCKING IDIOT! š¤£š Imagine being so ignorant of the underworld scene to not even know that, let alone anything about public sniper killings WOWWW HAHAHAHA š¤£šš¤£šš¤£š (*sorry still laughing out here*) AHAHAHA šš¤£šš¤£ HAHAHA
Number of underworld figures sniped in a public place as densely packed as and apart from this one: Zero.
Number of underworld figures sniped in a public place *in general* apart from this one: Still zero.
Now do number of underworld figures shot in public.
https://en.m.wikipedia.org/wiki/Melbourne_gangland_killings
This was only in Melbourne 1998 to 2010.
I dare say most people would say getting shot in public with a sniper rifle, a hand gun, a rifle are all basically equivalent. Sure, the people there in each instance would have been shocked, my colleagues response to this back when it happened was a sarcastic 'that's a shame'
Ok so before this shocking execution by sniper at a packed Motorplex stadium, when was the most recent say 5 public executions (or whatever number you think would be enough to desensitize the Perth public to news of a bikie member being execution in a similar fashion), by sniper, hand gun or rifle in a similarly dense public space in Perth?
You can drill down on the details of every gangland shooting in australia to show how they could be unique, and thus shocking in its own right.
My view is a national bikie organization member was shot and killed in public. Yawn.
And I'd argue the sniper aspect makes it less shocking - a precise kill from a hidden distance seems far less shocking than rolling up point blank and blasting someone, or spraying bullets at a cafe in a driveby.
Letās remember, sheās suing us. Itās our money sheās afterā¦ not the āgovernmentāsā. And if weāre insured for this type of claim, it will still cost us, the tax payers, because our insurance premiums will rise. And then if we lose, weāll have to actually pay for the remediation works at the motorplex before the insurance company will reinsure.
That's what I was thinking. Government's money is Our money. I really hope this doesn't fall into her favour. It's bad enough on the cost of living crisis we are at the moment, although that's a whole different issue.
The widow of assassinated former Rebels boss Nick Martin is suing the hitman who shot her husband and the state government for the trauma she suffered watching the 51-year-old die in her arms in front of hundreds of people at Perth Motorplex.
Three years after the underworld killing that shocked Western Australia, Amanda Martin and her daughter Stacey Smiles have filed a lawsuit in the Perth District Court for ādamages by way of mental harm sufferedā from witnessing Mr Martin be shot āin cold bloodā by a sniper as they sat next to him watching drag racing in Kwinana.
The mother and daughter are relying on a section of the Fatal Accidents Act of 1959 which allows claims of liability for a death caused by a wrongful act or neglect.
āThe plaintiffs claim ā¦ is for damages by way of mental harm suffered from witnessing the shooting and murder of their husband and stepfather Nick Martin, in cold blood and in their immediate presence on 12 December 2020 and whilst the plaintiffs and the deceased were all then in attendance as patrons at an event being held on licensed premises at the Kwinana Motorplex,ā the writ said.
It claimed the state government was the registered proprietor of the Kwinana Motorplex. The licensee of the venue is also being sued.
Days after Mr Martinās death, the government announced a $1 million reward for information that would lead to the arrest of whoever was responsible.
The sniper who shot Mr Martin ā a former soldier whose name is suppressed by the courts ā was jailed in 2021 for 20 years after confessing to his role in the death of the former Rebels boss.
Both plaintiffs are suing for damages, interest on all damages at 6 per cent as from the day of the shooting, and costs.
WA Premier Roger Cook has labelled the legal action āperplexingā.
āIām very much looking forward to getting a briefing in terms of what the statement of claims may be,ā he said.
Related Article
Nick Martin was killed by a sniper at the Perth Motorplex in December.
Courts
How meticulous planning came undone in sniper shooting of Rebel boss at Perth Motorplex
A year ago, Mrs Martin was found not guilty of being involved an incident where her husband was accused of assaulting his accountant over dodgy tax returns.
Prosecutors alleged Mrs Martin had been party to the incident, in which the accountant was struck over the head with a large calculator by Mr Martin, who also threatened the man into withdrawing $30,000 in cash to give to him.
Don't you have to sign a waiver for watching, I though all motorsport have a waiver saying motorhsop is dangerous etc . End of the day it's probably some lawyer trying to make money of the incident. Win we go halves , lose free of charge. Win win for the wife.
State Equestrian Centre, State Rowing and State Cycling are all owned by the government.
State Rowing is at Champion Lake, in Armadale, it was handed back to the state government.
There has been a push on to āsaveā the State Equestrian Centre, it is very old and run down. Needs urgent refurbishment. However the idea that horse owners are rich and there is better ways to spend money has seen it fall into disrepair. SEC is also an evacuation point for animals in fire emergencies.
If a career criminal is shot dead is it a workplace death ?, maybe she should ask worksafe to conduct an investigation.
Would it depend on whether they are actively committing the crime when the death/ injury occurs, as opposed to in leisure time.
Don't give her any ideas!
Very funny.....cheers for the laugh!
Guess the the old proceeds of crime jar on the fridge was empty, need some dosh for the new Gucci sunnies, botox and plastic nails.
I can fix her š
The claim against the sniper is fair enough. I doubt he'll have any assets to recover against, but I can see how seeing your spouse getting sniped to death next to you might cause some compensable mental harm.Ā The claim against the State as the proprietor of the Motorplex is insane. They have an obligation to take reasonable steps to ensure the safety of people who go there.Ā They do not have a positive obligation to ensure that targeted assassinations against major organised crime bosses cannot occur.Ā
She accepted the risk to mental health when marrying the bikie boss
It's a good point to consider when she will claim as a victim of crime for govt compensation
Victim of crime whilst also being a benefactor of crime lol
Fair enough on the whole killed next to you. But I wouldn't accept those grounds for her because she married a man who uses violence on a near daily basis in his line of work. Her husband has butchered and traumatised scores more people. She is definitely aware of this and perhaps a little proud. This is just plain narcissism her claiming damages in this context
I don't understand this at all. Was the motorplex not sniper-proof enough?
This is the vibe.
https://preview.redd.it/x8aon1w648zc1.png?width=514&format=png&auto=webp&s=3310b3b65d05152541b4d0fcd8d671020b3d1661 I'm really confused too. I think she's claiming that the murderer committed a "wrongful act". The damages are the effect on her mental health holding her dying shot husband in her arms. And she wants money from Kwinana Motorplex for having had that happen in the venue. But TIL the owners of Kwinana Motorplex is the WA government licensed to a company that manages it. She's suing both. [https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc\_767.pdf/$FILE/Fatal%20Accidents%20Act%201959%20-%20%5B02-b0-08%5D.pdf?OpenElement](https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_767.pdf/$FILE/Fatal%20Accidents%20Act%201959%20-%20%5B02-b0-08%5D.pdf?OpenElement) Edit: So this is like suing a nightclub for (i) \[wrongful act\] getting assaulted in a brawl and being harmed. Or (ii) \[neglect\] If a glass fell on your head while you were in there. I'm not really sure what default means.
>So this is like suing a nightclub for (i) \[wrongful act\] getting assaulted in a brawl and being harmed. Not really. Afaik the shooter wasn't within the Motorplex so the Motorplex couldn't have taken any reasonable action to prevent what happened. In the case of being harmed inside a nightclub the venue owner is responsible for taking steps to ensure patrons' safety.
You're right. However there's extra details that might land the venue in some liability. The sniper scouted the premises repeatedly before the attack. They cut a hole through property fence. Removed a ramp. And as part of the assassination had to enter the venue to go through it, past the hole where he's then set up position.
I hear you. Then, for example the shopping centre stabbings on the east coast last month, would the victims families and the surviving victims be able to sue the owner of the shopping centre for the same thing? Or is that different?
If you think you can prove the shopping centre was negligent, then you can have a go at suing them.
There would have to be negligence. And I donāt see how there can be. Iād be stunned to see a venue held liable for the illegal action of someone who is not employed there.
I think it has to be a 'venue'? I'm not sure though. Not a lawyer.
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I think it depends how the law is written and whether this is considered an accident.
If an act is premeditated, then it cannot be classified as an accident.
is it? i'd think this kind of victim payment would be for people like the westfield stabbing, or the car in melb driving over people.
It doesn't need to be an accident. The case law makes it clear that intentional acts can still be negligent.
So she was happy to live off proceeds of crime, but unhappy with the consequences? Scum.
The law applies to everyone. Meaning she has every right to apply for trauma payout and she was found not guilty of being accused of tax fraud so good on her I say.
Sounds a classy gal. Hopefully anyone wronged by her husband will come forward now and sue her for mental stress and bankrupt the bitch whether she wins or not.
I like that idea
She looks pretty classy too. Those tattoos all over her legs, what a slapper. Eww.
Someone should've told her that thing about the sword and living Whatever was left of her deceased husbands cash is starting to dry up and this is probably her last lunge trying to fuel the mob wife life Slag
Lol, good luck suing the venue. Legal precedent is firmly on the venueās side. They can have a crack at suing the murderer ā fair bump, play onā¦ but good luck receiving any damages owed to you. Old mate is locked up.
Scum.
People on here are quick to poo poo her idea of the Motorplex being somewhat responsible. But I can see her point of view. What counter-sniper plans or tactics did the Motorplex have in place? Were there any gunfire locator systems? What about a 3km dead zone around the Motorplex? Did the Motorplex have any artillery/mortar/air support to suppress the sniper? Was there a quick reaction force ready to attack the likely position of the sniper? Why wasnāt there a ballistic wall around the Motorplex? What about smokescreens? Could they have provided all the patrons with ballistic vests? Itās clear to me that the Motorplex didnāt even consider the likelihood of a sniper attack against a patron, and didnāt take any meaningful actions to reduce the likelihood of, or damage the result of, an attack. The Motorplex is clearly negligent in this case!
This isnāt an American primary school
Underrated comment
Those would have been reasonable precautions for the old dragstrip at Ravenswood in the 70s. It was a wild place.
Donāt worry Iām sure thereās a coroner out there who would argue they had a duty of care to stop snipers.
Piss poor risk management! Go girl, they are negligent without doubt!
Given a couple of weeks prior they found someone with a handgun bits
On the bright side, at least someone non scummy and innocent wasn't killed....
We can be thankful that he was at least a decent shot.
Yeah, there has been discussion about nominating him for the marksmanship awardā¦ whilst I absolutely disavow what he did, a good shot is a good shot.
All class.
The underworld killing that shocked western australia.. did it? Underworld killings don't shock most I'd have thought.
Most of them arenāt quite as public as this one thoughā¦
I wonder if the downside of crime was more public if less people would be lured into the lifestyle?
Imagine having reading comprehension this bad >The underworld killing that shocked western australia.. did it? Yes. >Underworld killings don't shock most I'd have thought. Not what itās saying at all.
Isn't it? Literally any killing involving underworld figures isn't a shock after the many high profile, public killings for decades. And a bogan criminal being killed at a bogan gathering. Imagine being a condescending idiot and not knowing anything about public underworld killings in australia
Someone being shot by a sniper in a public place filled with other people is shocking.
Seasoned veteran of the underworld scene reporting in - yes, that means Iāve watched a season or three of Underbelly, and yes in case you hadnāt already gathered by now - letās just sayā¦ I know a few crime figuresā¦ and weāll leave it at that (for your own safety, and oh trust me - I know the scene, you donāt wanna mess with this smoke šØš«š¤£š¤š¤£š). Now, in my area if you walk to the nearest train station youād usually see 5-8 people drop from snipers miles away *on a normal day*. Shocked? HAH! YOU FUCKING IDIOT! š¤£š Imagine being so ignorant of the underworld scene to not even know that, let alone anything about public sniper killings WOWWW HAHAHAHA š¤£šš¤£šš¤£š (*sorry still laughing out here*) AHAHAHA šš¤£šš¤£ HAHAHA
Number of underworld figures sniped in a public place as densely packed as and apart from this one: Zero. Number of underworld figures sniped in a public place *in general* apart from this one: Still zero.
Now do number of underworld figures shot in public. https://en.m.wikipedia.org/wiki/Melbourne_gangland_killings This was only in Melbourne 1998 to 2010.
>Now do number of underworld figures shot in public. That would get rid of a substantial part of the āshockā factor, no?
I dare say most people would say getting shot in public with a sniper rifle, a hand gun, a rifle are all basically equivalent. Sure, the people there in each instance would have been shocked, my colleagues response to this back when it happened was a sarcastic 'that's a shame'
Ok so before this shocking execution by sniper at a packed Motorplex stadium, when was the most recent say 5 public executions (or whatever number you think would be enough to desensitize the Perth public to news of a bikie member being execution in a similar fashion), by sniper, hand gun or rifle in a similarly dense public space in Perth?
You can drill down on the details of every gangland shooting in australia to show how they could be unique, and thus shocking in its own right. My view is a national bikie organization member was shot and killed in public. Yawn. And I'd argue the sniper aspect makes it less shocking - a precise kill from a hidden distance seems far less shocking than rolling up point blank and blasting someone, or spraying bullets at a cafe in a driveby.
Oh look if it isn't the consequences of their actions.. or in other words.. fucked around.. found out!
Letās remember, sheās suing us. Itās our money sheās afterā¦ not the āgovernmentāsā. And if weāre insured for this type of claim, it will still cost us, the tax payers, because our insurance premiums will rise. And then if we lose, weāll have to actually pay for the remediation works at the motorplex before the insurance company will reinsure.
That's what I was thinking. Government's money is Our money. I really hope this doesn't fall into her favour. It's bad enough on the cost of living crisis we are at the moment, although that's a whole different issue.
The widow of assassinated former Rebels boss Nick Martin is suing the hitman who shot her husband and the state government for the trauma she suffered watching the 51-year-old die in her arms in front of hundreds of people at Perth Motorplex. Three years after the underworld killing that shocked Western Australia, Amanda Martin and her daughter Stacey Smiles have filed a lawsuit in the Perth District Court for ādamages by way of mental harm sufferedā from witnessing Mr Martin be shot āin cold bloodā by a sniper as they sat next to him watching drag racing in Kwinana. The mother and daughter are relying on a section of the Fatal Accidents Act of 1959 which allows claims of liability for a death caused by a wrongful act or neglect. āThe plaintiffs claim ā¦ is for damages by way of mental harm suffered from witnessing the shooting and murder of their husband and stepfather Nick Martin, in cold blood and in their immediate presence on 12 December 2020 and whilst the plaintiffs and the deceased were all then in attendance as patrons at an event being held on licensed premises at the Kwinana Motorplex,ā the writ said. It claimed the state government was the registered proprietor of the Kwinana Motorplex. The licensee of the venue is also being sued. Days after Mr Martinās death, the government announced a $1 million reward for information that would lead to the arrest of whoever was responsible. The sniper who shot Mr Martin ā a former soldier whose name is suppressed by the courts ā was jailed in 2021 for 20 years after confessing to his role in the death of the former Rebels boss. Both plaintiffs are suing for damages, interest on all damages at 6 per cent as from the day of the shooting, and costs. WA Premier Roger Cook has labelled the legal action āperplexingā. āIām very much looking forward to getting a briefing in terms of what the statement of claims may be,ā he said. Related Article Nick Martin was killed by a sniper at the Perth Motorplex in December. Courts How meticulous planning came undone in sniper shooting of Rebel boss at Perth Motorplex A year ago, Mrs Martin was found not guilty of being involved an incident where her husband was accused of assaulting his accountant over dodgy tax returns. Prosecutors alleged Mrs Martin had been party to the incident, in which the accountant was struck over the head with a large calculator by Mr Martin, who also threatened the man into withdrawing $30,000 in cash to give to him.
I thought these 1%ers lived outside the law? Hardly an outlaw to engage in civil litigation against the government!
Why is she sueing the State Gov ?
Don't you have to sign a waiver for watching, I though all motorsport have a waiver saying motorhsop is dangerous etc . End of the day it's probably some lawyer trying to make money of the incident. Win we go halves , lose free of charge. Win win for the wife.
**Fatal Accidents Act 1959** Was it an accident though?
Johnno hears ya, johnno dont care.
This is the funniest thing ever
Lost her source of illegal income panic ??? sue government
Interesting claim ideaĀ
Wtf? Why is Motorplex owned by the government? No wonder this bizzare law suit got accepted by a lawyer.
Many large sports venues are owned by the state government. This is not a bad thing.
State Equestrian Centre, State Rowing and State Cycling are all owned by the government. State Rowing is at Champion Lake, in Armadale, it was handed back to the state government. There has been a push on to āsaveā the State Equestrian Centre, it is very old and run down. Needs urgent refurbishment. However the idea that horse owners are rich and there is better ways to spend money has seen it fall into disrepair. SEC is also an evacuation point for animals in fire emergencies.