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 – 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
two killers.
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)
Elissa Hunt
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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
strangled.
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
October 16.
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)
Elissa Hunt
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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
their identities?
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
revealed.
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
as men.
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
criminal's rights.
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
otherwise.
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
legislation.
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
crimes.
Herald and Weekly Times (11-10-2006)
Justin Quill
Justin Quill is a partner with Corrs Chambers Westgarth, lawyers for the Herald Sun.
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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
of reasons.
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
and unruly.
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)
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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."
http://www.agedcarecrisis.com/acc/show_news.asp?id=newsitem&item=news0859
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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.
AAP (19-5-2004).
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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
botched-break-in.
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
sexually assaulted.
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
the sentences.
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 Age (31-7-2002)
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TOUGHER FEDERAL / STATE LEGISLATION IS NEEDED For PAEDOPHILES-SEX
OFFENDERS IN AUSTRALIA.SEVERE PENALTIES and DETERRENTS ARE
WARRANTED.
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Decision Soon On Kill-Case
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
lighter sentence".
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".
(9-4-2002)
Andra Jackson
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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.
AAP (18-7-2005)
Mariza Fiamengo
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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
and 1998.
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.
AAP (16-12-2004)
Jamie Duncan
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