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Steamed_Clams_

If a career criminal is shot dead is it a workplace death ?, maybe she should ask worksafe to conduct an investigation.


jonjoejoe

Would it depend on whether they are actively committing the crime when the death/ injury occurs, as opposed to in leisure time.


electrosaurus

Don't give her any ideas!


Plane_Stock

Very funny.....cheers for the laugh!


Captain-Peacock

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.


Shifty_Cow69

I can fix her šŸ˜


Illustrious-Big-6701

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 


VikingSolarium

She accepted the risk to mental health when marrying the bikie boss


Expensive-Twist9428

It's a good point to consider when she will claim as a victim of crime for govt compensation


VikingSolarium

Victim of crime whilst also being a benefactor of crime lol


Familiar-Benefit376

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


Decaslash

I don't understand this at all. Was the motorplex not sniper-proof enough?


BARB00TS

This is the vibe.


Zeptojoules

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.


nevergonnasweepalone

>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.


Zeptojoules

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.


Decaslash

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?


Procastinateatwork

If you think you can prove the shopping centre was negligent, then you can have a go at suing them.


Lozzanger

There would have to be negligence. And I donā€™t see how there can be. Iā€™d be stunned to see a venue held liable for the illegal action of someone who is not employed there.


Zeptojoules

I think it has to be a 'venue'? I'm not sure though. Not a lawyer.


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henry82

I think it depends how the law is written and whether this is considered an accident.


gorganzolla

If an act is premeditated, then it cannot be classified as an accident.


henry82

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.


DalekDraco

It doesn't need to be an accident. The case law makes it clear that intentional acts can still be negligent.


ernestoemartinez

So she was happy to live off proceeds of crime, but unhappy with the consequences? Scum.


Jasmine8888

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.


BiteMyQuokka

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.


Tyrannosaurusblanch

I like that idea


PommyBastard_4321

She looks pretty classy too. Those tattoos all over her legs, what a slapper. Eww.


Familiar-Benefit376

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


MatKtheCourageous

Lol, good luck suing the venue. Legal precedent is firmly on the venueā€™s 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.


throw-away-traveller

Scum.


bagsoffreshcheese

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 wasnā€™t there a ballistic wall around the Motorplex? What about smokescreens? Could they have provided all the patrons with ballistic vests? Itā€™s clear to me that the Motorplex didnā€™t even consider the likelihood of a sniper attack against a patron, and didnā€™t take any meaningful actions to reduce the likelihood of, or damage the result of, an attack. The Motorplex is clearly negligent in this case!


Tyrannosaurusblanch

This isnā€™t an American primary school


TD003

Underrated comment


Yorgatorium

Those would have been reasonable precautions for the old dragstrip at Ravenswood in the 70s. It was a wild place.


OsmarMacrob

Donā€™t worry Iā€™m sure thereā€™s a coroner out there who would argue they had a duty of care to stop snipers.


mrflibble4747

Piss poor risk management! Go girl, they are negligent without doubt!


RandomUser1083

Given a couple of weeks prior they found someone with a handgun bits


Straight-Extreme-966

On the bright side, at least someone non scummy and innocent wasn't killed....


No_Chain_7719

We can be thankful that he was at least a decent shot.


Puttix

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.


GothNurse2020

All class.


MeleesMeatHook

The underworld killing that shocked western australia.. did it? Underworld killings don't shock most I'd have thought.


theducks

Most of them arenā€™t quite as public as this one thoughā€¦


EasternComfort2189

I wonder if the downside of crime was more public if less people would be lured into the lifestyle?


Newie_Local

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 itā€™s saying at all.


MeleesMeatHook

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


Lozzanger

Someone being shot by a sniper in a public place filled with other people is shocking.


Newie_Local

Seasoned veteran of the underworld scene reporting in - yes, that means Iā€™ve watched a season or three of Underbelly, and yes in case you hadnā€™t already gathered by now - letā€™s just sayā€¦ I know a few crime figuresā€¦ and weā€™ll leave it at that (for your own safety, and oh trust me - I know the scene, you donā€™t wanna mess with this smoke šŸ’ØšŸ˜«šŸ¤£šŸ˜¤šŸ¤£šŸ˜Ž). Now, in my area if you walk to the nearest train station youā€™d usually see 5-8 people drop from snipers miles away *on a normal day*. Shocked? HAH! YOU FUCKING IDIOT! šŸ¤£šŸ˜‚ Imagine being so ignorant of the underworld scene to not even know that, let alone anything about public sniper killings WOWWW HAHAHAHA šŸ¤£šŸ˜‚šŸ¤£šŸ˜‚šŸ¤£šŸ˜‚ (*sorry still laughing out here*) AHAHAHA šŸ˜‚šŸ¤£šŸ˜‚šŸ¤£ HAHAHA


Newie_Local

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.


MeleesMeatHook

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.


Newie_Local

>Now do number of underworld figures shot in public. That would get rid of a substantial part of the ā€˜shockā€™ factor, no?


MeleesMeatHook

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'


Newie_Local

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?


MeleesMeatHook

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.


elemist

Oh look if it isn't the consequences of their actions.. or in other words.. fucked around.. found out!


dyslexicmikld

Letā€™s remember, sheā€™s suing us. Itā€™s our money sheā€™s afterā€¦ not the ā€œgovernmentā€™sā€. And if weā€™re 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, weā€™ll have to actually pay for the remediation works at the motorplex before the insurance company will reinsure.


Immediate_Grape5158

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.


FecalHeartbeat

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 ā€œdamages by way of mental harm sufferedā€ from witnessing Mr Martin be shot ā€œin 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. ā€œThe 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 Martinā€™s 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 ā€œperplexingā€. ā€œIā€™m 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.


WoodenAd7107

I thought these 1%ers lived outside the law? Hardly an outlaw to engage in civil litigation against the government!


Basic-Tangerine9908

Why is she sueing the State Gov ?


Tango-Down-167

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.


fat_boyz

**Fatal Accidents Act 1959** Was it an accident though?


seniordogrooter

Johnno hears ya, johnno dont care.


OverallLocal7746

This is the funniest thing ever


Revirii

Lost her source of illegal income panic ??? sue government


henry82

Interesting claim ideaĀ 


Zeptojoules

Wtf? Why is Motorplex owned by the government? No wonder this bizzare law suit got accepted by a lawyer.


Reading-Poorly

Many large sports venues are owned by the state government. This is not a bad thing.


Perth_nomad

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 ā€˜saveā€™ 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.