Tribunal orders TAB to pay unlucky punter More to lose jobs in
Transcription
Tribunal orders TAB to pay unlucky punter More to lose jobs in
54 8PSL NEWS 03 Betting clanger HERALDSUN.COM.AU MONDAY, JANUARY 20, 2014 Tribunal orders TAB to pay unlucky punter Clang And Bang heads for a win (far left) which shocked Alan Feher, who believed the horse had been scratched when he made his selections. Main picture: RICHARD SERONG A PUNTER who claimed a TAB clanger cost him $1200 has won a longshot legal case. Narre Warren maths teacher Alan Feher successfully sued Tabcorp after staff at a suburban outlet wrongly marked a horse called Clang And Bang as a late scratching. The meticulous gambler argued he’d always intended to pick that horse among his weekly quaddie selections, but dropped it at the last min- FIONA HUDSON ute acting on the information that it had been scratched. To win a coveted quaddie, punters must pick winners in four consecutive races. A tribunal heard Mr Feher placed a $120 bet at the Prince Mark Hotel in Doveton on August 24, about 10 minutes before the first race in his bet. He went shopping, and at the end of the day’s racing returned to the TAB to discover he’d picked three of the four required winners. On closer inspection, he found the “scratched” horse had also romped home. Livid, he retrieved an incorrectly stamped official list from a bin at the venue and submitted it to Tabcorp, arguing he was entitled to half of the $2370 quaddie payout. It rejected his claim so Mr Feher, 60, took it to the Vic- More to lose jobs in lagging economy THOUSANDS more Victorians are tipped to lose their jobs in the coming months as the economy lags its rivals in the lead-up to the state election. A report warns Victoria is facing a period of sluggish growth over the next six months as households remain reluctant to spend or borrow due to uncertainty about their jobs before a gradual pick-up in late 2014. The state’s unemployment is tipped to rise further to 6.5 per cent in coming months as concerns grow about the future of major employers such as SPC Ardmona in ShepparV1 - MHSE01Z01MA picked Clang And Bang. But senior tribunal member Alan Vassie said he was persuaded by Mr Feher’s evidence under oath, and his evidence of a homegrown punting system. But he stopped short of awarding the full claim. Mr Feher said he was happy to win. After all costs involved with the case he was “still a little bit up — but it’s the principle that counts”. [email protected] Charles to divide duties with Queen STEPHEN McMAHON ton, Alcoa near Geelong and ship building in Williamstown. This follows the announcements of the closure of Ford and Holden. “The property market has been slow to recover and concerns about the State Government have also been a bit of drag on the economy,” AMP Capital chief economist Shane Oliver said. The most recent jobless data shows Victoria’s unemployment rate has hit 6.2 per cent — well above the national level of 5.8 per cent. torian Civil and Administrative Tribunal. At the hearing, a lawyer for Tabcorp admitted head office had sent wrong scratchings to agencies that day, but had corrected the error within one minute. The tribunal heard that “for whatever reason” hotel staff did not update wall charts with the revised data. Tabcorp also argued it was “virtually impossible” for Mr Feher to prove he would have APOLOGY FOR RACIAL SLUR MADONNA has apologised for using a racial slur to refer to her white son on Instagram. On Friday night, she posted a picture of her 13year-old son Rocco boxing and used a hashtag that contained a variation of the n-word. QUEEN Elizabeth and Prince Charles are sharing official duties as the royals move towards a job-sharing plan. In June, the Prince will accompany Queen Elizabeth to France for official duties commemorating the 70th anniversary of the D-Day landings at Normandy — the most obvious sign yet of official job-sharing. According to London’s Sunday Times, an announcement is due this week that the press offices of Prince Charles and the Queen will be merged into one team based at Buckingham Palace. The move is seen as further confirmation that the 87-yearold monarch, who attends about 300 official engagements a year, is looking to scale back her commitments. Prince Charles, the 64-yearold heir to the throne, represented the Queen at last year’s Commonwealth Heads of Government conference in Sri Lanka — the first time in 40 years the monarch had not attended CHOGM. Her Majesty became queen at the age of 25, making Prince Charles the longest-serving heir-apparent in British history. AT ODDS WITH THE RESULT WHAT ALAN FEHER SHOULD HAVE WON: $1200 WHAT HE WON: $0 WHAT VCAT AWARDED HIM: $500 LIGHT SIDE OF LIFE PIGEON droppings may be disgusting, but apparently they can also be an inspiration for pieces of jewellery. An English artist is making broaches that resemble the shape, size and colour of pigeon poo. Frances WadsworthJones, 30, of west London, has created a new line of called Heaven Sent. Each piece in the collection is made from crushed semiprecious and precious gems like black diamonds, sapphires and tourmaline. The gems are set together in imitation of splattered pigeon droppings. REVEALED: CARLTON’S BEST PLAYER OF ALL TIME SPORT JUNE 15, 2014 $2.50 (inc gst) HERALDSUN.COM.AU ULTIMATE RIPPING YARN OF SURVIVAL MUST HAVE LOOKS WINTER FASHION SPECIAL INSIDE RESPECT OUR HEROIC SOCCEROOS P4-5 & SPORT When he jumped from 14,000 ft his parachute and reserve failed. But, against all odds, he landed in a golf course lake and lived. Brad Guy is the ... LUCKIEST MAN ALIVE A MELBOURNE man who survived a 14,000 ft fall after his parachute failed and crash landed on a suburban golf course says it is a miracle he is alive. Brad Guy thought he would die when the main chute and the reserve tangled as he plummeted to earth during a tandem skydive to EXCLUSIVE 8PSL was falling to more like the FIONA HUDSON celebrate his 21st birthday. Hurtling down, as his family watched below, he sought comfort from the tandem master: “I said to him, ‘Are we going to die?’ And he said, ‘I don’t know’. “It didn’t really feel like I the ground, ground was coming to hit me, like the earth was coming to smack me,” Mr Guy said, speaking publicly for the first time. “Survival wasn’t in my head at all. “I was thinking, ‘This ground’s going to hit me and when it does, I’ll be gone. I’ve brought my family here to watch me die’.” Horrified Saturday afternoon golfers rushed to pluck Mr Guy and the tandem master from the water when they landed on the 12th hole at the Yering Meadows course. “The impact was the worst imaginable pain I could ever fathom,” he said. “And then I was like, ‘I’m on the ground, I’m alive!’ ” He suffered back and neck injuries, but was up and walking after just three days in hospital and his body is still recovering. “I was part of a miracle and not many people can say that,” he said. REPORT, PAGES 6-7 06 NEWS SUNDAY, JUNE 15, 2014 HERALDSUN.COM.AU EXCLUSIVE WHAT HAPPENS WHEN YOU JUMP OUT OF A PLANE AND THE PARACHUTE DOESN’T OPEN PROPERLY? ONE MAN’S AMAZING STORY OF SURVIVAL — AND HOW IT’S CHANGED HIS LIFE Q: ARE WE GOING TO DIE? A: I DON’T KNOW VIDEO HOW LUCKY AM I? heraldsun.com.au HARNESSED to a tandem skydive instructor, Brad Guy nervously dangled his legs out the plane’s open door, about 14,000 feet over Melbourne. Pointing a wrist camera at him, the instructor asked: “Any last words?” “Yeah,” Brad grinned for the souvenir DVD, “I hope my parachute opens”. The free fall brought an expected rush of fear and adrenalin. They passed through 4000 feet and Brad felt the parachute deploy. Ground crew had warned of an upward thrust when the canopy opened, but this violent? As the white chute opened, it tore. The remainder flapped noisily, and the world started spinning so wildly Brad lost all perspective. A tightly laced shoe flung off. “We were shaking so much, it was like we were in a blender,” he says. “We were just spiralling really fast.” Brad heard the instructor swearing, and felt urgent tugging and pulling. “He kept saying, ‘S---, no’. I was, like, ‘That’s not good’,” he says. Sensing the ground coming toward them, Brad sought comfort from the instructor, a veteran of about 2000 tandem dives: “I said to him, ‘Are we going to die?’ ” And he said, ‘I don’t know’.” Plummeting downward, the ground closer with each second, Brad reached his own conclusion. Around 500 feet, the reserve inflated, tangling grotesquely in the remains of the first chute. “It didn’t really feel like I was falling to the ground, more like the ground was coming to hit me, like the earth was coming to smack me,” Brad says. “Your life does flash before your eyes but I didn’t look back on things in my life, I looked forward.” The main thought racing through his mind was he’d never see his family or boyfriend again. They were below, watching, and he fretted at the awful last FIONA HUDSON memory he’d left them with. “Survival wasn’t in my head at all,” he says. “I was thinking, ‘This ground’s going to hit me and when it does, I’ll be gone. I’ve brought my family here to watch me die’.” DOWN at the drop zone, Brad’s mum Julie, dad Brian, boyfriend Artie, three sisters and their husbands and kids watched the pair whirl to earth. One sister vomited. Another groaned, “Oh no, oh no”, repeatedly. Julie cried and looked to Brian for comfort no one could give. They stood near the intended landing spot, a grassy paddock beside a shed at Lilydale airfield. Site operator STBVIC Pty Ltd, trading as a franchise of Skydive The Beach and Beyond, also has drop zones over St Kilda beach or Barwon Heads. Brad chose the Yarra Valley because green is his favourite colour and he pictured a slow descent over a lush patchwork. A few days before his jump on Saturday, August 31 last year, the company phoned asking if he’d switch to a late timeslot. He’d waited more than a year to use the voucher he’d got for his 21st birthday, what was a few more hours? The close family lunched at a winery, though Brad’s nerves meant he ate only a few hot chips, and skipped the booze. Paperwork done and kitted up, the digital editor posed for pictures and sent a final snapchat selfie to some friends showing him in parachute pants and suspenders. Tandem master Bill grabbed parachute number 29 from a rack, and they got in the Cessna. The plane disappeared from sight as they climbed to altitude, and Brad’s family waited. Finally a staffer pointed to a dot in the sky — Brad and Bill in normal free fall. “Then something went wrong,” mum Julie says. “We all realised and it was a big panic.” MHSE01Z01MA - V1 HERALDSUN.COM.AU SUNDAY, JUNE 15, 2014 THE DAY I FELL FROM THE SKY AUGUST 31, 2013 WEATHER FINE AND SUNNY, BLUE SKY, LIGHT 15-KNOT NORTHERLY GROUND WIND NEWS 07 Operator told to lift game FIONA HUDSON Survivor Brad Guy at the Yering Meadows Golf Club where he landed after a failed parachute jump; Brad excited before the jump (bottom left); the tattoo as a reminder of his experience (below left); and (below right) with Geoff George, head pro at the golf club. Pictures: IAN CURRIE Tandem master Bill and Brad Guy jump from plane at about 14,000 feet Main parachute deployed about 4000 feet. It fails Reserve chute released about 500 feet. Tangles with remainder of main chute She ran inside the shed, begging staff: “Please tell me what’s happened to my son”. Next to the airfield, casual golfer Ash Tainton was playing with his father-in-law Ian and a couple of young blokes they’d just met at Yering Meadows. Planes had buzzed overhead all day, but that flapping sound was new. They looked up to see the out-of-control pair swirling as if in a cyclone. “The parachute was open, but it wasn’t working properly. They were horizontal, and they were whirling around, like water going down a drain,” Ash recalls. “You could sense the sheer terror in everyone as we watched. I heard the thud. I called 000 straight away.” Mid-lesson on the practice putting green, club pro Geoff George also watched the tangled mess fall to the edge of a dam on the 12th hole. “I didn’t think anyone could survive that,” he says. “A human body is not meant to absorb that.” IT took a few seconds for Brad to realise the choking, gasping noise he could hear was him trying to breathe. “The impact was the worst imaginable pain I could ever fathom,” he says. “And then I was like ‘I’m on the ground, I’m alive!’.” His brain told him to get up but he couldn’t move anything from the neck down. He wiggled his fingertips and felt reeds, mud and cold water. Sopping parachutes blanketed them. Still strapped to the chest of V1 - MHSE01Z01MA Bill, he tried to rouse the instructor. “We landed … kind of crossed,” Brad says. “He was underneath me. He broke my fall and took a lot of the impact. I tried to grab Bill’s hand, ‘Are you OK?’. I thought he was dead.” Golfer Ash Tainton, still on the line to 000, arrived with the others. He relayed first aid instructions as the two younger men waded shin-deep into the muddy-brown pond. One held Bill’s head out of the water hazard. The other held Brad’s hand. Back at the airfield, staff informed Brad’s hysterical family the men had been located, telling Julie: “They’re alive.” They piled in car and raced off. An ambulance carrying Brad was leaving, and Julie ran after it, rapping the windows. “I wanted to see him, I wanted to talk to him,” she says. His words — “Mum, I’ll be OK!” — reassured her. But as the siren squealed toward The Alfred, worries whirled in Brad’s mind. Why couldn’t he feel his legs? Was he a paraplegic? Would he ever walk again? I closed my eyes I could feel myself falling,” he says. Scans. Needles. Doctors. Counselling. A horrible blur until his hobbled first steps. “Being able to walk again after a few days of thinking that I never would was amazing,” he says. Discharged after just three days, Brad retreated to his parents’ Wallan property where he remained housebound for about 14 weeks. Made redundant from his job with a radio station soon after the accident, he has struggled to find full-time work. In the lowest moments, he considered suicide. “My life has been shattered to pieces, every single aspect of my life has changed,” he says. Sleep is no escape, bringing instead crippling nightmares. Falling, falling, falling. “The physical injuries for me are pretty huge but compared to the mental implications it’s, like, nothing,” he says. Simple things can trigger panic. Standing near the edge of the second floor at the shopping centre. Catching a plane. Looking up at the clouds. THE questions continued in hospital. Doctors and medical students who examined his chart exclaimed “Parachuting accident? What happened?” “That’s the reaction of every single person,” Brad says. “They say, ‘That’s my worst nightmare.’ Yeah, I lived it. And I’m still living it.” Far from experiencing euphoria at cheating death, he counts the first night in hospital as the worst of his life. “I couldn’t sleep. Every time WHEN the fear takes hold, one image grounds him. Rolling up his sleeve, Brad reveals a tattoo of a skydiver with an inflated chute floating down his forearm. Some ask why he’d want a prominent, permanent reminder. “I don’t see the accident when I look at this. I see the silver lining. I was part of a miracle and not many people can say that. It means a lot to me. I got this to remind myself I am lucky, I’m here for a reason and Brad and Bill land in water hazard on the 12th hole at Yering Meadows Golf Course Golfers on 11th hole green phone 000 and rush to help Doctors estimated speed of impact at about 70-80km/h Passenger Brad Guy, 22 First ever skydiving experience Injuries: Two broken vertebrae, torn and sprained spinal and neck ligaments, bruising, grazes here for a purpose,” he says. One day he hopes to meet tandem master Bill again, to swap stories with the only other man in the world who understands what happened. Bill declined to be interviewed when contacted by the Sunday Herald Sun, but wished Brad well with his recovery. As the first anniversary approaches, Brad wants to use his scrape with death to spread a positive, inspirational message. Enrich the lives of others where possible, he urges, through even simple gestures Tandem master Bill, 53 Total career jumps at the time: 4876 Injuries: pelvic fractures, broken vertebrae, broken ribs, fractured femurs, broken heel, fractured eye socket, collapsed lung such as smiling at strangers on the train, or making a colleague a cup of tea. “Do what you can to make someone else happy and make their life worthwhile,” he says. “You never know when something might take you off the radar of life.” If his life flashes before his eyes again, he wants to see the positive impact he’s left. “I always thought I was lucky before but now I know I am,” he says. “I’m going to make the most of it.” [email protected] WORKSAFE has directed a leading Victorian skydive operator to improve packing and checking of parachutes amid serious safety concerns. Investigators probing a sickening plunge that badly injured a tandem pair last August allege the operator’s register listed four incidents in a year linked to packing deficiencies. “Two of these incidents occurred 13 days apart. All four incidents required emergency procedures to be enacted during descent from the aircraft,” an inspector noted. WorkSafe alleges in tribunal documents the packer that readied the parachute in the August 2013 incident “had also been the packer involved in other incidents”. The safety watchdog issued a notice directing operator STBVIC Pty Ltd to improve its systems. STBVIC Pty Ltd operates three sites in Victoria — in the Yarra Valley, St Kilda and Barwon Heads — as a franchise of the Skydive The Beach and Beyond group. But lawyers for the operator and peak skydiving body the Australian Parachute Federation have mounted a tribunal challenge. The tribunal action comes as lawyers for skydive accident survivor Brad Guy prepare to sue over the disastrous tandem dive. Nowicki Carbone partner Nunzio Tartaglia said he’d seek substantial compensation for Mr Guy’s physical and mental injuries. “Our client wants to ensure this catastrophic event does not happen to anyone else,” he said. “The activity of skydiving is dangerous and safety is paramount.” Tribunal documents include a report by an APF safety officer on the August 2013 incident that said the rig wasn’t packed correctly, equipment checks were lacking and emergency procedures were performed in an incorrect sequence. The report concluded the STBVIC Pty Ltd operation “appears to be well managed but also seems to have a problem with packing issues”. The APF’s tribunal submission states STBVIC Pty Ltd recorded about 12,000 jumps at its three sites between July 1, 2013 and March 14, 2014. “With 11 malfunctions during this time (mostly partial) this represents a malfunction rate of .09 per cent of total jumps,” the submission says. “This figure is perfectly consistent and acceptable within Australian and global parachuting standards.” The APF submits parachute checks are already rigorously regulated, and more onerous pre-fall checks would not prevent malfunctions. A compulsory tribunal mediation session is expected to be held next month. NEWS 03 HERALDSUN.COM.AU SATURDAY, APRIL 19, 2014 SURF’S UP! NOW BRING IT ON Two-time Bells Beach Rip Curl Pro winner Sally Fitzgibbons enjoys an early surf yesterday in preparation for today’s event. Meanwhile (inset) 2012 world champ Joel Parkinson sends spray flying during a free surf. Pictures: TIM CARRAFA, JASON SAMMON FOLLOW THE ACTION AND ENJOY OUR FANTASTIC PICTURES FROM BELLS BEACH heraldsun.com.au Bikie dad paydirt 8PSL FIONA HUDSON THE father of notorious bikie brothers Daniel and Ben Pegoraro has won a secret settlement after suing a law firm he accused of ripping him off. The intimidation that might be the favoured approach of outlaw bikies was not Joe Pegoraro’s way: he took his complaint to the Legal Services Commissioner, then a tribunal. The Victorian Civil and Administrative Tribunal heard that at 9am on March 7 last Brothers’ father wins a legal brief encounter year, Mr Pegoraro and his wife delivered $15,000 cash to law firm Balot Reilly as a retainer to represent Daniel and Ben at court that day over allegations they were part of a gang that had stolen caravans. Ben, 23, was represented by Balot Reilly’s George Balot. But Daniel, 28, contacted his preferred brief, Zarah GardeWilson, who represented him. Joe Pegoraro later unsuccessfully sought a $7500 refund, arguing Balot Reilly had done only half the expected work. He later approached the Legal Services Commissioner, and then applied to VCAT for a review. Sam Tatarka, for Balot Reilly, told VCAT there’d been some “ping pong” over who’d represent Daniel, but the fam- TEMS I E L A OFF S % 0 5 UP TO ily were warned that if they switched lawyers their money had “already been spent”. However counsel for the Pegoraros, Fraser Cameron, disputed that they had been told “if you change, you have done your dough”. Mr Cameron said the family considered the $7500 fee for Daniel excessive, and felt he’d got “zero dollars’ worth”. CITYSCAPE 2 seat sofa WAS $1499 NOW $1199 After an adjournment for talks, the parties agreed to settle the dispute for a confidential amount. VCAT dismissed the case. The charges against Daniel, a Hells Angels Nomads member, were thrown out late last year. Ben was ultimately jailed and remains behind bars for his role in the caravan thefts. [email protected] MILLICENT 5 piece dining package WAS $699 NOW $499 Daniel Pegoraro TRESTLE desk WAS $199 NOW $99 MyFreedom members save 5% on sale prices. New Frankston store now open. Ask about our interest free offer. We believe in having it now. We believe in freedom. Prices valid on selected items from 25/03/14 for a limited time. While stocks last. Sale prices not available in conjunction with any finance offer, except 6 Months Buy Now Pay Later, or any other promotional offer, except Show Your Card and Save and MyFreedom (joining fee applies). For full terms and conditions please see in store or visit freedom.com.au/terms-and-conditions V1 - MHSE01Z02MA 8PSL NEWS 07 HERALDSUN.COM.AU MONDAY, MARCH 24, 2014 PSOs CALLED AS FOOTY JUMPER DISPUTE BOILS OVER SHIRT FRONT A TUSSLE over a signed 2008 Hawthorn AFL premiership jumper could bounce into the Supreme Court following a tribunal clash of Grand Final intensity. Reservoir couple Nick and Melanie Podrebarac faced off against a leading sports memorabilia retailer to contest possession of the rare jersey. The atmosphere in the VCAT hearing was so tense, protective services officers entered the tribunal room in the closing minutes to keep the parties separate. Collectibles salesman Barry Kirkwood was so unhappy with the umpire’s decision he immediately flagged a Supreme Court appeal. Victorian Civil and Administrative Tribunal member William Holloway noted AFL and Hawthorn officials would likely be impressed football aroused such passion. The hearing centred on a jumper bought at ASM Sports Memorabilia at Westfield Doncaster. Mrs Podrebarac — “not a football person” — told the tribunal she went to the shop to collect a jumper her husband had negotiated to buy via eBay for $750 cash. The tribunal heard she also bought some 2008 player cards, and chose an image of Lance “Buddy” Franklin — one of few players she recognised — for an authentication certificate Mr Kirkwood printed on the spot. But the jumper she’d collected was significantly different from the one her husband had arranged to buy, the tri- FIONA HUDSON bunal heard. Mr Kirkwood denied he’d ever agreed to sell the couple a 2008 Hawthorn Premiers jumper, or that he’d invited them via eBay to collect it from his retail shop. He said his eBay business was entirely separate. An exasperated Mrs Podrebarac at one point stood to leave while Mr Kirkwood gave evidence, saying loudly: “I’ve just about heard enough.” Mr Podrebarac also shoved a Bible towards Mr Kirkwood, and reminded the retailer he was on oath. Handing down his decision, Mr Holloway described Mrs Podrebarac as “little more than a wood duck”. “She went in there to collect an item. The one she went to buy, she didn’t come out with,” he said. “I don’t believe they got what they bargained for.” He ordered Mr Kirkwood to pay the couple $800 — at which point the salesman pulled out a 2008 signed jersey and offered it to them. They declined. The hearing took another twist when the couple handed back the “wrong” jersey purchased in July 2013. Examining it, Mr Kirkwood said: “How do I know it’s the same jumper? Where’s Shane Crawford? This is not the jumper I sold them.” But VCAT member Mr Holloway said he accepted it was the correct jumper and told Mr Kirkwood he must still pay them $800. [email protected] Nick and Melanie Podrebarac have taken a sports memorabilia dealer to VCAT over a signed 2008 AFL Premiership jumper. Picture: TIM CARRAFA Strong line-up for charity concert ELEPHANTS ON RAMPAGE THREE elephants escaped from their handlers at a circus in the US and damaged several vehicles in the parking lot before they were recaptured. TV station KMOV reports that the female elephants escaped from the children’s ride section of the Moolah Shrine Circus in Missouri. The circus issued a statement saying the handlers were able to control the animals and that “they are now resting comfortably in their compound”. Police say the animals also damaged a loading door. V1 - MHSE01Z01MA FOR the first time in the history of the Good Friday Appeal, a charity concert will raise funds for the Royal Children’s Hospital. The charity spectacular is a new ticketed event which will be headlined by Kate Ceberano, Mark Seymour, Taylor Henderson and Samantha Jane. Also appearing will be Daryl Braithwaite, The Collective, Joe Camilleri and Boom Crash Opera. The Good Friday concert — on April 18 — will be part of Channel Seven’s telecast of the appeal. It will be conducted at the Melbourne Convention and Exhibition Centre for the first time. The appeal began in 1931 when sportsmen and journalists from The Herald and Weekly Times organised a sports carnival with all 1 DAY ONLY VALID 24/03/14 Taylor Henderson proceeds donated to the RCH. The proceeds from next month’s concert tickets, which will be $25 each, will be donated to the hospital. Since the Good Friday Appeal began, it has raised more than $258 million for the hospital. Last year, more than $16 million was raised. Families will also be able to attend the annual Kids Day Out on Good Friday. SAVE $11 $ 35 EACH WITH THIS COUPON Victoria Bitter Bottles or Cans 24x375mL Offer not available to under 18s. Coupon valid on 24/03/14 only. While stocks last. 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