I have met and heard the tragic stories of many parents. PA is a function, by and large, of a custodial ex-partner, although some alienation can start while the couple is still together.

This blog is a story of experiences and observations of dysfunctional Family Law (FLAW), an arena pitting parent against parent, with children as the prize. Due to the gender bias in Family Law, that I have observed, this Blog has evolved from a focus solely on PA to one of the broader Family/Children's Rights area and the impact of Feminist mythology on Canadian Jurisprudence and the Divorce Industry.

Sunday, November 23, 2008

More excuses by judges when a women kills her children

Another judge making excuses for a woman who killed her two sons. Can you imagine using post-natal depression as an excuse 11 years after birth. If a man did this it would be described as brutal, violent, evil and inexcusable. That would be true but why the double standard.MJM

Justice system 'unfair and deficient'

  • Karen Kissane
  • November 24, 2008 - 8:39PM
THE father of two boys murdered by their mother has attacked defence lawyers as manipulators of an unfair justice system and backed prosecutor Jeremy Rapke's controversial stand on victims' rights.
"The system favours the accused far more than it should," David Fitchett wrote in a letter to The Age. "They have all the rights."
Mr Fitchett said his ex-wife Donna had "fooled a lot of people" with claims of mental impairment: "My life has been destroyed by the action of one person; at sentencing, all the judge could worry about was what impact jail would have on her state of mind."
He thanked Mr Rapke, "who took a chance against some odds to prosecute my ex-wife. If people like you were not in our defence system, bullying defence QCs . . . would have all the criminals set free. Somebody that is in the system has to be critical of it, as it has many deficiencies and without somebody challenging it there will never be changes made to improve it.
"The law is not untouchable and when mistakes are made somebody should be accountable. If not, then our society will keep heading in the same direction where there is always an excuse and a reason nobody is accountable for their own actions, however deplorable and despicable they may be."
Donna Fitchett gave a cocktail of sedatives to her sons Thomas, 11, and Matthew, 9, before strangling and suffocating them at their North Balwyn home in September 2005, two days after Father's Day. A court was later told she had chronic depression and had suffered postnatal depression after each child.
Four days before the killings she told her husband she was going to leave him and take the boys, but later decided she could not go on with life as a single parent. She had planned to commit suicide after killing her sons.
A jury rejected her defence of mental impairment and she was sentenced to 24 years, with a minimum of 18, in a secure psychiatric facility. She is appealing against her conviction and prosecutor Mr Rapke, QC, filed an appeal against the "manifest inadequacy" of the sentence.
Mr Rapke ignited a legal firestorm last week when he told The Age he sometimes privately counselled judges who made insensitive comments about victims from the bench. (He did this only after the trial was over.)
Chief Justice Marilyn Warren accused him of endangering the fairness of the criminal justice system. Prominent Melbourne QC Robert Richter accused Mr Rapke of cheap shots, playing politics and taking on the role of judge as well as prosecutor.
For help or information call Suicide Helpline on 1300 651 251, Lifeline on 131 114, or visit beyondblue.org.au
My life has been destroyed by the action of one person.DAVID FITCHETT, crime victim The following is another case, in Canada, of a female killing a child. Although not the biological mother it follows a pattern where biological mothers do kill and abuse children at a rate much higher than biological fathers. It appears the judge has saw through the facade put up by the defense.

Edmonton foster mother found guilty of manslaughter

Last Updated: Saturday, November 29, 2008 | 10:54 PM MT

An Edmonton foster mother covered her mouth and broke down in tears after a jury found her guilty of manslaughter in the death of a three-year-old boy in her care.

The verdict was handed down late Saturday afternoon, following two days of deliberations and a five-week trial.

The 34-year-old woman, who cannot be identified, was charged with second-degree murder after the child died in January 2007 of brain injuries. She was, however, found guilty of the lesser charge of manslaughter.

The Crown argued during her trial that she abused the child repeatedly in the month leading up to his death.

The prosecution's key witness, a nanny, testified the boy had a bed-wetting problem and that the foster mother left him in a cold, unheated garage on several occasions, including on the night he died.

Nanny heard screams

The nanny also testified she heard screaming and a thumping noise the night the boy died.

The Crown argued the boy died from a head injury caused by the foster mother and that she made up a story suggesting the boy displayed self-abusive behaviour and died because of an injury he did to himself.

The defence countered that the foster mother loves children and never subjected the child to abuse.

Defence lawyer Brian Beresh maintained the boy died when he leapt from his foster mother's arms and hit his head on a toilet in the bathroom of her house.

Beresh said his client will be appealing the verdict.

"This is one of the strongest defence cases that I have ever mounted or been involved in," he said.

Sentencing is expected to take place sometime in January.

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