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03 May 2002
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03 May 2002
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by VICTOR. 10:12am Fri May 3 '02 (Modified on 10:30am Fri May 3 '02) article#2451

Killer's family fights deportation.
29 April 2002

The family of mentally ill killer Claude John Gabriel is preparing a legal challenge in New Zealand to thwart the Queensland Government's moves to have him deported.
His brother Robert, who arrived in Auckland yesterday, said they would "fight tooth and nail" to keep Gabriel, 26, in New Zealand. The family's Australian legal team arrives this week.

Gabriel, who is being held on a compulsory treatment order, is expected to undergo a second psychiatric assessment before his case goes before a judge for approval of his deportation.

Mr Gabriel visited his brother yesterday at Auckland's Mason Clinic, a secure mental health unit where he has been held since his arrest on Wednesday.

"He's well, his spirits are very good, he's not disoriented, he's not hallucinating, and he's not a madman walking down the street as he has been portrayed by the media," Mr Gabriel said.

"(Claude's) treatment at the moment will be best kept in New Zealand - my brother was not sentenced to do time, he was sentenced to get well."

Gabriel, who was found unfit to stand trial for the 1998 murder of Gold Coast teenager Janaya Clarke, fled Brisbane's John Oxley Centre while on partial release in November and moved to his parents' home in Melbourne.

He and his mother then left for Italy and Gabriel has been overseas since, arriving in Auckland a week ago.

Mr Gabriel said his brother had not escaped from Queensland, because mental health authorities had freed him into the community two years earlier.

He said his parents would not appear in Western Suburbs Magistrates Court in Brisbane today because his father was taken to hospital in Melbourne last week with pneumonia. John and Alessandra Gabriel have been charged with helping their son flee Queensland.

Mr Gabriel said his heart went out to Janaya Clarke's family and his family did not deny what his brother had done. His family had been forced to put their Melbourne home up for sale after death threats and protests.

Health Minister Annette King has said that under the Mental Health Act she can send Gabriel back to Queensland on the advice of officials.

Mrs King said a psychiatric assessment of Gabriel was under way and mental health officials were briefing her this morning.

"We will have a better picture then."

Gabriel is due in court on Wednesday.

Detective Senior Sergeant Jeff Sheldon of Brisbane arrived in Auckland yesterday to discuss Gabriel's return
03 May 2002

By VICTOR. 11:21am Fri Apr 19 '02

FURY at 'Whitewash' bid over Harry Smith.

People who lost money through solicitor's first mortgage schemes were victims of predatory lawyers, not speculative investments, says the Smith Action Group. The group has launched an attack on the Queensland Law Society saying it was 'trying to whitewash all the blatant stealing' by some solicitors involved in first mortgage loans, assisted by the 'lawyer-ridden' Queensland Government.

In last week's Sun, Law Society president Joe Tooma said most first mortgage investment schemes had performed satisfactorily and the fact that some had failed was a reflection of the nature of speculative investment. He said no solicitors had faced charges for fraudulent mortgage activity.

The comments angered the Smith Action Group, whose members lost about $6 million invested with Harry Smith, was sentenced by Judge Wilson to 10 years jail in April this year for misappropriation. Will only serve 4. 5 years. Our view "A corrupt Queensland Court system. Smith was already serving a six and a half year term in New South Wales for stealing $2. 8 million of clients' funds in that state.

Smith's NSW victims were compensated by that state's law society, plus 8 percent interest and legal costs, after intervention by the NSW Government. Smith's Queensland victims have received only part compensation. On top of that, the State Government introduced retrospective legislation to limit the amount of money Smith's victims could be paid from the Q.L.S Legal Practitioners Fidelity Guarantee Fund - a fund set up to reimburse clients defrauded by lawyers.

As a result, Queensland victims are entitled to their capital investments, less any interest payments received. In effect, the law considers interest as a repayment of the capital, meaning some long-term investors have lost all their capital.

The only area in which Q.L.S and victims seem to agree is that valuations in some cases were well above true value. "In some cases the valuations were downright criminal," said spokes-woman, Helen Rossini. She said the Q.L.S failed in its duty when it 'had the goods' on Smith, but allowed him to hand in his practicing certificate in Queensland, and failed to inform the NSW Law Society. Smith then went on to defraud NSW clients.

Ms Rossini said the retrospective law introduced in Queensland cost Smith's victims about $4.5 million. Nowhere else in the world could a law like this be pushed through Parliament," said Ms Rossini.

"This is how far they will go to in Queensland to protect lawyer buddies." Western Australian consumers advocate Denise Brailey says the Q.L.S had received hundreds of complaints during the past decade yet refused to investigate the cases.

"The Q.L.S lack of professionalism can only be measured by it unwillingness to expose colleagues," she said. "Most of the Queensland victims who have watched an estimated 50 per cent of $800 million of hard earned savings disappear into a bottomless pit of solicitor trust accounts are rightly outraged and feel an unprecedented collective anger upon those who are sworn to uphold the law.

Smith operated an unregistered mortgage practice. He stole money from his clients, was caught, struck off the roll of solicitors, and sent to jail.

WORTH A READ. Make a quick comment on this article.

by YODER. 3:28pm Mon Apr 29 '02

RE: The New Zealand Prime Minister.

NOTHING TO UNCOVER? December 2001.

New Zealand’s Prime Minister Helen Clark [she does not use her married surname] has revealed her marriage is a necessary evil that would help put an end to rumours she was a barren lesbian, [tell any judge that story] according to a newly published biography. Clark, 51 viewed as one of the most popular leaders the country has had, is married to public health academic Dr Peter Davis, The austere states woman has rarely let people see into her personal life. Friend and adviser Brian Edwards [years ago the police raided his home looking for drugs] has been allowed access for the biography.

Helen: Portrait of a Prime Minister, which has hit the Shelves. Clark, Labour Prime Minister since 1999, has been a major player in political life here since winning Auckland’s Mount Albert electorate in 1981. Edwards notes that even winning the party nomination had been a major achievement as she had been hampered by rumours that she was a lesbian.

It was a difficult campaign, said Clark in the book. As a single woman, I was really hammered. I was accused of being a lesbian, of living in a commune, having friends who were Trotskyites and gays, of being unstable and unable to settle to anything.

New in parliament, she remembers one of her own partes senior members referred to her as a ˜barren lesbian and claimed that Davis was also gay. There were rumours, Edwards writes, that her real lover was Catherine Tigard, who later becomes governor-general. Senior party officials finally prevailed on her and Davis, who expressed indifference to the ceremony, to marry.

I did not mind one way or the other too much, he told Edwards, but I do not think Helen was too keen. We were involved in this larger game of politics. Helen is strong willed and her whole life has required her to bend that will at certain times. In these things, I go along with Helen. If Helen wants to do it, I will do it.
Clark said she cried over getting married, calling it a necessary evil.

The rival Right Wing National Party continues to push rumours over the marriage, she said. They are relentlessly, personally nasty. The one thing I hate is the National Party [Note: No mention if she takes it or is a licker] I think they are loathsome people. I do. On the 1999 elections, her then rival, Prime Minister Jenny Shipley, was illustrated as a mother-of- two.

Clark’s lack of children was made into an issue. I understand this is the government that was to expunge criminal records for minor convictions after 20 good years. Never ever trust any Politician, but watch what they do. Comment. To some dog any dog will do, even marring a future Prime Minister.

pm (at)

Never ever, trust any politicians but watch they do.


By VICTOR. Saturday April 20, 2002 at 03:29 AM

Dialogue: Clark's deception reveals deep, abiding cynicism

It really was a shocker. As my wife remarked after reading the story, it is not as if she simply put her name on somebody else's painting, she actually commissioned it.
This was no momentary lapse of judgment; it was a deliberate, patterned response to a request for personal work. When a second bogus Helen Clark turned up this week, the Prime Minister admitted she had probably done it half a dozen times.

For all that, I do not believe she was, or is, intentionally dishonest. Rather, she honestly believed dishonesty was standard practice. I suspect we are dealing not so much with deceit as something possibly just as bad for someone in that position - a deeply ingrained, all-pervasive cynicism.

When she said, "other politicians have done it" and "no one takes these things very seriously" I am sure she believed it. Should she come across a competent piece in a charity sale I can hear a dry chuckle and a muttered comment, "I wonder who really did that?"

Cynicism is highly contagious. Even now, there are probably people who have never had reason to doubt the authenticity of celebrities' contributions, yet wonder whether Helen Clark was right.

Well, the organisation she was trying to help was surprised to learn this week how she had gone about it. In addition, art auctioneer Dunbar Sloane told the Herald that in 35 years he had never known a celebrity offering not to be genuine. No other politician, past or present, has come forth to support Helen Clark's contention that others have done what she did.

You can marshal all the evidence available and still cynicism has an easy, poisonous plausibility. The only good antidote, I find, is to consider what cynics say about something you know. They have plenty to say about what happens in my industry and invariably they are wrong.

Cynicism is dangerous in a Prime Minister, particularly an absolutist leader like this one, not so much because it is unattractive but because it breeds assumptions that can lead the Government astray. What part it played, we might now wonder, in its failure to take the Singapore Airlines offer for Air New Zealand-Ansett at face value last year.

Some interesting material has emerged on that subject over the past week or two. I suspect Helen Clark is tired of reading that she is intelligent. When did journalists become arbiters of intelligence? The answer, possibly, is when they found themselves reporting a Prime Minister who thinks and speaks much as they do.

Like them, Helen Clark is a graduate of the liberal arts and retains a set of interests, values, viewpoints, and inhibitions they share. She has a candour that is appealing and a complete lack of airs, which is almost unprecedented in Prime Ministers of my observation.

She seems to be largely without conceit and suffers from no sense of self-importance. However, that impression may have to be altered after this phoney art business. Dunbar Sloane said the contributions of political leaders to charity art auctions were usually simple concoctions. "You don't buy it as investment art but as a bit of fun.”

Why didn't Helen Clark enter the exercise in that spirit? Partly, she says, because she was too busy, and because she is no good at it. She said she suspected the painting done in her name was awful. "If I'd done it myself it would have been equally awful if not more awful." On radio, I think she was more candid, conceding she cannot draw to save herself.

However, the point is, her ability should not have mattered. I think a fierce ego played its part in her downfall, too. She could not bring herself to sit down one Saturday and smear some paint on the framed paper the animal welfare group had given her, lest the result was embarrassing. She could not even bring herself to enter the "five-minute doodles" to be auctioned by Ponsonby School.

Somebody on her staff did a quick sketch of the Beehive and she signed it. That fooled the school, the auctioneer, and the person who paid $1300 in good faith. All of this happened when she was Opposition leader. She is an immeasurably more secure personality now. However, I wonder even now whether she really recognises the error, or regrets the political embarrassment.

She has suspended several ministers merely for political embarrassment. Even unproven accusations, she argued, could affect their credibility in their particular portfolio. She would have sacked any other Minister of Arts, Culture, and Heritage by now. Perhaps she imagines a lack of personal artistic talent is somehow unbecoming in that role. If so, she should be told that in all the arts, plagiarism is infinitely worse.

A few weeks ago, I attended a dinner at which the University of Auckland recognised "distinguished alumni" such as Human Rights Commissioner Roslyn Noonan and Film Commission chief executive Ruth Harley. Dr Harley, I think it was, gave an acceptance speech glowing with gratitude to "Helen" for at last giving the arts a sense of pride and value and a Prime Minister who believed in them.

I wonder how the creative community feels now. The mark of intelligence, since we are now the arbiters of it, is to know the limits of your knowledge. And, beyond that, to avoid the pitfalls of ego and cynicism. We are led, I think, by somebody who usually knows her limitations but has to prove her self-large enough to let them be exposed for public amusement.
03 May 2002
by Jules 3:07pm Tue Apr 30 '02


Timothy Taylor to appeal murder conviction
30 April 2002

Timothy Taylor has instructed his legal advisers to appeal his conviction for murdering hitchhiker Lisa Blakie.

Taylor was found guilty in the High Court at Christchurch 10 days ago of murdering the 20-year-old Timaru woman and dumping her body in the Porter River beside the Arthur's Pass Highway in February 2000.

Taylor's lawyer Pip Hall told NZPA today he had spoken to Taylor, 32, in prison yesterday."He's instructed us to appeal and those papers go to Wellington today."

Justice Young sentenced Taylor to the mandatory life imprisonment on April 20 after a nine-week-plus trial and 18 hours of jury deliberations.

In the High Court trial, Mr Hall said the Crown had not come "within a bull's roar" of proving that Taylor strangled Ms Blakie, and then left her body face down in the Porter River.

Crown prosecutor Brent Stanaway said theories that someone other than Taylor had murdered Lisa Blakie were about as possible as "Martians landing in Hagley Park.”

Tuesday, 30 April 2002

Comment: I find it interesting that New Zealand with a four million population according to their news media they only have persons found guilty of murder. Yet the Australian news media use the word killers on the run.

If this person in the above article has, wrongfully been convicted of murder, it would suggest the Christchurch, New Zealand Judge’s are corrupt and inept.

It is alleged that their High Court Sheriff Peter Fantham is duly known for his highly corrupt practices. More on him at a later date.

by YODER. 1:28am Wed May 1 '02
We can't help says mental health crisis team.

An overstretched mental health crisis team in West Auckland was last night telling people calling its emergency number to dial 111 instead.

The Critical Assessment Team (CAT) attached to Waitakere Hospital left a message on its answerphone saying it was "temporarily unable to provide a service due to lack of resources".

The message said: "If there is a risk of any immediate danger please contact emergency services on 111. Alternatively, you can contact the emergency department at your local hospital."

But after the Herald called the chief executive of the Waitemata District Health Board, Dr Dwayne Crombie, who contacted staff immediately, the message was removed.

Public Service Association organiser Warwick Jones said the Critical Assessment Team has been taking industrial action since April 16.

There have been six occasions since then on which the answerphone has been switched on and staff have refused to take new patients.

The Herald was unable to contact workers at the unit but mental health staff across Auckland have long complained about a lack of intensive care unit beds.

In March, the Herald revealed acutely psychotic patients were being locked in police cells regularly in West Auckland, some for 24 hours or more, because of the bed shortage.

The Minister of Health, Annette King, has ordered a review of mental health services in the Auckland region.

Dr Crombie, who was surprised when told about the message, said he believed staff and management had come to an "understanding" about the resourcing issue.

Management believed staff were not sticking to the "spirit of the understanding" but staff felt they had to make a stand.

They had told him they had been listening to messages on the speakerphone and had planned to respond to calls from existing clients.

While the board accepted there were not enough beds, it believed there were other ways of supporting mentally ill people in the interim.

These included sending respite nurses to people's homes - and keeping people in police cells for short periods, even though this was "undesirable".

Dr Crombie said the CAT West and the team attached to North Shore Hospital were overwhelmed by the sheer volume of patients.

"We've got one in nine people in New Zealand that we look after."


by VICTOR. 12:36am Thu May 2 '02

Power players set terms in language of conflict.

April 20 2002
Los Angeles Times

Washington: "There is a weird power in a spoken word," wrote Joseph Conrad in his novel Lord Jim. "And a word carries far - very far - deals destruction through time as the bullets go flying through space."

When a man kills his wife and children and then himself, it is called a "murder-suicide". Yet when a person walks into a crowded restaurant carrying explosives and kills himself and countless others, it is called a "suicide bombing".

Or at least it was until recently.

Last week the White House spokesman, Ari Fleischer, began referring to the dozens of Palestinians who have detonated themselves in the midst of hundreds of Israelis as "homicide bombers".

The National Security Adviser, Condoleezza Rice, and the Secretary of State, Colin Powell, soon followed suit, using the term to describe one of the things that must end before there is any hope of peace in the Middle East.

Since then, Fox News Channel has decided to make the switch, as did several senators and media personalities, including Larry King and Gloria Allred.

The reason many gave is simple: "Suicide bomber" emphasises the wrong thing - these people are not people who simply kill themselves, they are murderers. The fact they themselves died in the attack is simply not worth mentioning.

"I thought [the switch] was a good idea, a step in the right direction," said Deborah Tannen, professor of linguistics at Georgetown University.

"But it's not the perfect word. It's too bad we don't have a word that means both, a suicide killer."

Martin Kaplan, associate dean of the University of Southern California Annenberg School for Communication, is not at all surprised that a linguistic controversy has arisen from a much more violent one.

"Words do matter," he said, "and the power that controls the terminology can often frame the debate."

He had no problem with such a change being inaugurated by the White House. "Hey, new vernaculars come from everywhere, from AM disc jockeys to kids on the playground. Why shouldn't the White House be a player in this linguistic free market?"

Commemt: There is no such word in the English language as harassment. Ask an expert English linguistic. An American trash word being pushed around the world. Try harass or to harass.

03 May 2002
by victor 6:19pm Thu May 2 '02
Mayor wants killer out of his city

AUCKLAND Mayor John Banks wants killer Claude Gabriel banished from his city.

"This is not the best way to further Trans-Tasman relations," said Mr Banks yesterday.

"We don't need your criminals and you don't need ours."

Mr Banks, a former New Zealand police minister, said he had no sympathy for Claude Gabriel, who killed Gold Coast teenager Janaya Clarke by stabbing her 27 times.

"My sympathies are for the poor victim and the family of this poor girl," he said.

"I have little or no sympathy for Gabriel, who is obviously a very sick individual who needs serious psychiatric help."

Mr Banks' comments came as the New Zealand Foreign Affairs Minister Phillip Gough joined a band of influential New Zealanders who want Gabriel sent home as soon as possible.

Gabriel, 27, killed Janaya Clarke on November 9, 1998, in a frenzied knife attack at a Chevron Island apartment. He never stood trial.

Doctors said he was insane and he was committed to an institution.

Gabriel fled to Melbourne in November last year while on day release from the John Oxley Hospital in Brisbane and later flew to Italy with his mother, Alesandra.

Comment. The Auckland New Zealand Mayor is CERTAINLY no Clint Eastwood. At one stage the Mayor was nothing more than a loud mouth talk back host. Now he has set himself up as acting judge.

by VICTOR. 8:56am Fri May 3 '02

Gabriel's conditions world class, say mental health authorities

Mental health authorities say the Mason Clinic in Auckland where insane Australian killer Claude Gabriel is being assessed is one of the best in the world.

Gabriel's family is understood to have complained about the treatment has been getting at the clinic since he arrived there several days ago for assessment under the Mental Health Compulsory Assessment and Treatment Act.

Mental Health authorities have to decide if Gabriel is fit to be released into the community or if they will seek a compulsory treatment order from the courts which means he can be kept at the Mason Clinic or sent back to Australia.

Gabriel's case has created a furore on both sides of the Tasman since he arrived in New Zealand nearly two weeks ago.

Gabriel, 26, was accused of stabbing to death 17-year-old Janaya Clarke on the Gold Coast in 1998 but was found unfit to stand trial for murder.

He fled from a psychiatric unit last year before going to Italy with his mother and then to New Zealand by himself.

Sandy Simpson, director of the Mason Clinic, said today he could not talk about the standard of clinical care Gabriel was getting, which included his accommodation.

However, he said the Mason Clinic had established a worldwide reputation and patients were not treated like animals.

The Gabriel family's Melbourne-based lawyer Ross Brown said Gabriel was locked in a room "in pretty archaic conditions".

He said Gabriel should be kept according to a United Nations convention which protected people with a mental illness. The convention was based on human rights criteria and human dignity, he said.

"At the moment his family say he is being held in inhumane conditions," Mr Brown said.

The Ministry of Health's deputy director of mental health, Dr Anthony Duncan said Gabriel was being held according to the Act.

Mr Brown said Gabriel was not classified as dangerous but was being kept in an intensive care unit reserved for people who were uncontrollable and a danger to others and themselves.

Dr Duncan said the level of security was commensurate with the perceived level of risk.

"They are very, very good at assessing risk and ensuring people are kept in accommodation commensurate with the risk they are perceived to pose," he said.

"They are very good at assessing people who have done horrendous things and we adopt a safety first approach."

Dr Duncan said the Mason Clinic staff had to be aware of the risk Gabriel had posed in the past and manage his assessment in a way that was safe for everyone.

He said he did not share the family's view that Gabriel was not at risk of killing again.

"If I heard of a 26-year-old man who in a psychotic state had killed someone four years ago, and was currently being assessed and there were concerns he was mentally unwell, I would have a very, very high index of suspicion," Dr Duncan said.

He said while most mental patients posed no more risk than well people to the community, there was a small group of mostly young males who were a worry.

"They are often young males with paranoid belief systems where they believe particular people are out to get them.

"They feel a sense of justified retribution. I don't know if that is so in this case but he has got some of the indicators that make you worry.

"The highest indicator of all is someone who, in a psychotic state has previously committed a serious violent act, is clearly much more likely if they are psychotic again to be involved in a serious violent act than someone who is not."

Dr Duncan said his view was based on clinical fact but Gabriel's family may have a different view.

"I am not saying her (Mrs Gabriel's) son is a bad boy and I don't trust her son. As a consultant psychiatrist I am saying I don't trust the illness he suffers from."

He said the clinical staff may be only a few days away from making a decision on whether a court should be asked for a compulsory treatment order.

Comment: If the Gabriels are looking for Human Rights in New Zealand, then dream on suckers.

Arrest Insane Killers
03 May 2002
In America's war against terrorism, we must root out the most insane mass-murderers, for instance:

Henry Kissinger
Paul Wolfowitz
George Herbert Walker Bush
Madelene Albright
Joe Lieberman
Donald Rumsfeld
John Ashcroft

That's just a sampling of high-profile terrorists. There are many more who maintain a lower profile and hang out with criminals in the Bilderberg Group and other totalitarian organizations.

Come on, FBI! Defend US! Remember the Constitution? Do your damn job, or you ain't gettin' no pension....
See also:
Papers reveal violent side.
03 May 2002
Papers reveal violent side of 'one-off' killer

An Australian psychiatric patient found in Auckland after he killed a teenager has a long history of legal trouble with drugs and women.

Claude John Gabriel is being held in the Mason Clinic in Pt Chevalier until a judge decides whether he will be sent to Australia, forced to undergo treatment or released into the New Zealand community.

Relatives say he poses no threat to New Zealanders and that his stabbing of 17-year-old Janaya Clarke on the Gold Coast less than four years ago was a one-off act.

But Herald inquiries have found three protection orders taken out by a former girlfriend of Gabriel in the two years before the killing.

Gabriel, 26, was acting strangely when Auckland police arrested him on his fourth day in New Zealand. Officers did not know who he was when they collared him on suspicion of being mentally ill.

The revelations come as Mason Clinic doctors continue to assess his mental state. The doctors will report to a judge, who is expected to visit the clinic on Thursday.

The judge can force Gabriel to be detained for treatment or allow him to be released.

An Australian police liaison officer in New Zealand, Detective Senior Sergeant Geoff Sheldon, said the possibility of Gabriel's release was "a dreaded nightmare I do not want to consider".

Papers at the Sunshine Magistrate's Court in Melbourne show that Gabriel was the subject of three intervention orders in 1996 and 1997 designed to protect victims of domestic violence.

They barred him from using a firearm and from "assaulting, harassing, molesting, threatening or intimidating" a woman. Registrar Barry Bolton said the orders were granted under a law protecting people from domestic violence.

A Melbourne policeman, who would not be named, said Gabriel was well known to police as a long-time cannabis user with a history of domestic incidents.

Another Australian officer said Gabriel was "not unknown to the criminal justice system".

An Auckland policeman said Gabriel was acting strangely when found outside a Mangere hotel on Anzac Day.

"He just wasn't there in his head. He was out for lunch. He obviously needed looking after."

Gabriel had checked out of the hotel and told police he was on his way to a backpackers hostel.

He spent five months on the run in Victoria, Italy and New Zealand after fleeing Brisbane's John Oxley Hospital while on day leave.

National Party immigration spokeswoman Marie Hasler has called for a ministerial review of how Gabriel entered New Zealand without being questioned.

Gabriel's mother, Alessandra, said psychologists had told her he would never kill again. His brother, Robert, said: "He was sick, that's true, but now he's well."

However, the president of the Australian lobby group People Against Lenient Sentencing, Steve Medcraft, said Gabriel's history of aggression and lawlessness suggested that he was still dangerous.

Mr Medcraft said that, two years before the killing, Gabriel sneaked into a house across the road from his home in Keilor, Melbourne, while a teenage girl was there.

Her father found Gabriel and kicked him out.

The family did not report the incident, but later moved away and obtained an unlisted phone number.

"Gabriel is not insane," Mr Medcraft said. "He's a conniving psychopath. He shouldn't be in New Zealand."

Janaya Clarke's mother, Robyn, yesterday described Gabriel as "very dangerous - a loose cannon".

She said he took her daughter to his apartment on Chevron Island and stabbed her more than 30 times.

When his landlord burst in and told him to stop, Gabriel allegedly replied, "I can't. The bitch won't die".

Gabriel was never convicted because he was found mentally unfit to stand trial.
Gabriel weird, not insane - witness.
05 May 2002
MONDAY, 06 MAY 2002.
Gabriel weird, not insane - witness.
06 May 2002.

The woman who was the last to see Janaya Clarke before she was stabbed to death by fugitive killer Claude Gabriel is to finally get to tell her story.

Natalie Schindler said she would sit before a member of the revamped Mental Health Tribunal on Friday and retell the tragic events of November 9, 1998.

It will be the first time anyone from the tribunal has spoken to Miss Schindler about Janaya's death.

A naked and blood-splattered Gabriel was arrested only hours after the attack but was found mentally unfit to stand trial for murder. He was confined to John Oxley psychiatric hospital.

Miss Schindler said she had struggled to come to terms with the fact that she was never questioned before the tribunal made its ruling.

"I never had the chance to tell them (the tribunal) that I know Gabriel is not insane," she said.

"I have been saying it all along, but no one has seemed interested in what I have to say.

"I tried to tell the police and I tried to tell the DPP. I was the one who was there, I was with him and he was not mad," she said.

"He may have been a little weird, but he was not insane, he just wasn't. I cannot feel like I am helping Janaya at all unless I get a chance to tell people what he was really like."

Miss Schindler said she contacted the office of Queensland Premier Peter Beattie a few weeks ago, angered by the renewed publicity surrounding the escape of Gabriel to Italy and then to New Zealand.

She said she could not believe what was happening and the things that were being said about Gabriel's state of mind.

Mr Beattie's office had arranged an interview with the tribunal, she said.

Gabriel picked up three young hitchhikers, including Miss Schindler and Janaya, on the Coast Highway. They drove around and chatted and the girls thought they had met a new friend.

Miss Schindler left Janaya with Gabriel, telling her they would meet up later that night.

Janaya, 17, was later found in his home with 13 stab wounds and later died in hospital.

Miss Schindler admits her life has been in a spin since the death of her best friend. She feels guilt, she feels an enormous sense of loss and she misses the times she and Janaya had together.

She said the media attention on the case since Gabriel's capture in New Zealand last week made it difficult to push it too far out of her mind.

"Everyone is talking about it again, all the time, and I cannot stand it. I cannot stand to read about it and read what his family is saying.

"He (Gabriel) is making all this stuff up," she said.

"They are making him sound like someone he's not. What they are saying about him is a joke.

"He needs to accept the consequences for what he did. He is making a mockery of the situation. He is showing no remorse whatsoever.

"I know that eventually karma will get him, but it is taking too long."

Janaya's mother, Robyn Clarke, said the new head of the Mental Health Tribunal, Frank Clair, had written to people connected to the Gabriel case and invited them to speak to him about the murder and the events that followed.

Gabriel is now being assessed at a mental clinic in Auckland while awaiting a decision on whether he will be extradited back to Queensland, forced to undergo treatment, or freed into the New Zealand community.

Meanwhile, it was reported at the weekend that Gabriel had three protection orders taken out by a former girlfriend in the two years before the killing.
Gabriel can never stand trial.
05 May 2002
Gabriel can never stand trial for teen's murder
06 May 2002

Insane Australian killer Claude Gabriel's future in New Zealand is likely to be decided on Thursday.

Mental health authorities have asked for a special hearing at the Mason Clinic in Auckland to decide if Gabriel is to be detained on a compulsory treatment order or if he can be released into the community.

He has been at the Mason Clinic for nearly two weeks since he arrived in Auckland. He has been on the run since last November when he fled from a Queensland mental health clinic.

Whatever the outcome of Thursday's hearing, Gabriel will never face trial for the murder of 17-year-old Australia Janaya Clarke, the girl he killed after stabbing her on the Gold Coast in 1998.

Queensland policeman Detective Senior Sergeant Geoff Sheldon said today Gabriel was judged to be mentally insane when he killed Ms Clarke and could never be tried again for her death.

"Our judicial system is such that once you have been found of unsound mind that's it, you can never be retried, you can never even be tried (on that offence).

"The mental health tribunal deemed he was insane at the time he committed this offence," Mr Sheldon said.

In New Zealand the law is different.

Crown prosecutor Simon Moore said if a person was deemed mentally unfit to stand trial for an offence and remained mentally unfit for seven years, he could not be tried.

However, Mr Moore said in New Zealand he could not recall a case where a person was unfit to plead but was not insane for the purposes of commission of the offence.

"Generally speaking if someone is unfit to plead by reason of psychiatric disability they will almost definitely be insane (when the offence was committed)."
07 May 2002
Mrs. Alessandra & John Gabriel failed to appear at their court hearing in Brisbane Queensland Australia. They have been charged under the mental health act.
According to publicity Alessandra was suffering from stress and her husband was in hospital.

I understand Alessandra found the strength and courage to fly to Auckland New Zealand to be with her son. I would suspect that if this couple fail to appear at the next set date to enter a plea, the judge will have no option but to issue a bench warrant. Before this date the matter of their son may have been determined in Auckland New Zealand.
On The Run.
10 May 2002
10 May 2002
Unfortunately, the world is full of “Hals” - Charming people who have little or no conscience and no ability to empathise or feel remorse for the harm they do to others.

The Clerical Term for people like this is “Sociopath”.

Sociopaths are users, Chronic liars, and manipulators.

They move through life creating suffering for anyone who trusts them whether on business or personal relationships. Yet emotionally, they rarely suffer themselves, lacking the emotional mechanisms to feel what most people feel in normal human interaction. They lack the internal monitors of morality, ethics and caring that cause most of us to feel guilt and anxiety when we hurt others.

A Sociopath is a person who is hostile to society.

He feels little in the way of normal human emotions - except anger. This anger, combined with an almost self-absorption and a complete lack of empathy for others allows him to commit the most heinous crimes without any guilt, or remorse. Sociopaths are extremely manipulative, their emotions run very shallow, and they are intensely self centred.
D-day Looming For Claude John Gabriel.
10 May 2002
by Peter Gleeson
chief reporter

A NEW Zealand judge may allow killer Claude Gabriel onto the streets of Auckland as early as tomorrow.
The Family Court judge will either assess Gabriel as mentally sound and allow him to go free or issue a compulsory treatment order.
If the compulsory treatment order is issued, the New Zealand Government can then direct that Gabriel be escorted back to Queensland to face a fresh hearing before the state’s Mental Health Review Tribunal.
However, Gabriel's family has said it will appeal against any compulsory treatment order.
If an appeal is lodged, it will probably be heard in the Supreme Court and may even reach the High Court.
Tomorrow’s hearing will be closed.
The Gabriel family has hired a four-man team of lawyers in New Zealand to help fight any extradition to Queensland.
If Gabriel is allows to go free, the Gabriel family will whisk him back to Victoria.
They say they have no intention of returning to Queensland, accusing Premier Peter Beattie of turning the case into a ‘’political witch-hunt’.
Detective Senior Sergeant Jeff Sheldon, seconded to Auckland from Mt Gravatt to oversee the Gabriel case, said he believed Gabriel’s return to Queensland would happen ‘later rather than sooner’. “I think the matter still has some way to go in the courts,” he said.
Gabriel’s brother, Robert, said yesterday it was now a waiting game.
“I cant really add anything to what has been said,” he said.
“We are waiting to see what happens at court on Thursday or Friday.
“We will decide after that what we are going to do”.
Claude Gabriel stabbed to death

Gold Coast teenager Janaya Clarke at Chevron Island on November 9, 1998.
He escaped to Melbourne and then Italy in November last year after breaching his day-release conditions while attached to the John Oxley psychiatric hospital near Wacol.
Gabriel was detained by New Zealand detectives on ANZAC Day after he was reported ‘acting weirdly’ near an Auckland hotel.
Interpol had altered New Zealand authorities that Gabriel might have been in the country.
Since being detained, Gabriel, 26, has undergone psychiatric assessment at Auckland’s Mason Clinic.
His family have criticised the assessment conditions, saying he is living in a ‘shoebox’.
Auckland forensic health services manager Audrey Walsh said a Family Court judge would be asked to rule whether Gabriel’s mental health was so poor he should be detained because he posed a threat to himself or others. New Zealand Health Minister Annette King has already made it clear she will sign the necessary removal order as soon as possible if Gabriel is detained.
Mrs Walsh said psychiatrists were completing their assessment of Gabriel and the court hearing should not be seen as an indication the clinic would ask for him to be detained.
It was revealed at the weekend that he had a history of violence and that a former girlfriend had taken out three protection orders against him in he two years before he killed Janaya.
Premier Beattie yesterday blamed his angry outbursts towards Gabriel’s parents on his concern for the victim’s mother.
Mr Beattie said yesterday that he felt some of the Gabriel family’s comments had been very insensitive to the feeling of Janaya Clarke’s mother, Robyn, and that had annoyed him.
“If I have been guilty of any strong feelings about this, it is because of my concern for her”, said Mr Beattie.