BACKGROUND: (The 'interview)...On January 30, 2019, prosecutors dropped a manslaughter charge against Dylan O'Meara after a judge rejected a statement police had obtained from him, leaving the state without evidence on which a jury could reasonably convict. In her story on the dropping of the charge Reporter Joanne Menaugh zeroed in on the controversial interrogation, noting: Justice Jenkins ruled that Mr O'Meara was "psychologically vulnerable" at the time of the police interview April 2016 — the second time officers had officially spoken to him. While she ruled the interview was voluntary, she said at one point, the police "had effectively invited" him to have a conversation with 'Alex', an imaginary person, about what happened on the day of his son's death two weeks earlier."It would be particularly unfair to admit [the interview] into evidence when it was the police who effectively planted the seed in the accused's mind that Alex may have had something to do with causing the deceased's death," she said. "I acknowledge that it is difficult for police officers to interview a person who may have a dissociative personality disorder, however I am satisfied that the manner in which [the interview] was conducted was not the the fair or proper way to conduct the interview of the accused.” Justice Jenkins also said it would be "unfair" to admit the evidence because, in the 24 hours leading up to the interview, the accused had had two seizures, had not received a proper meal and had not slept the previous evening while he was in police custody. At an earlier hearing, Mr O'Meara's lawyer Nick Scerri said his client was "suggestable" and "vulnerable" and had told a relative that he had told police "whatever needed to be said, to stop them shouting at him".
https://www.abc.net.au/news/2019-01-31/baby-death-charges-against-perth-father-dropped/10766806
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PUBLISHER'S NOTE: The police charge a mentally troubled young father with taking the life of his young son after a botched investigation marred by tunnel vision. It had to be him. So they don't check out the possibility of other suspects (If indeed there actually was a crime); So they don't waste their time checking out natural causes of death such as 'sudden infant death syndrome.' (It hadn't been ruled out). So they don't worry about the fact that the autopsy does not give a cause of death. An incriminating statement will take care of that. Just put him in touch with his imaginary friend 'Alex' and the rest should be easy. One would expect that after such shameful investigation - and such an over-the-line 'interview' of a psychologically vulnerable young father who is grieving the death of his son - the authorities would want to make it up to him somehow. (For ruining his life even more). Not to happen. They are blocking his way to a job which he would love to have: caring for insects and reptiles. Kudos to Barrister Judith Fordham, who is representing Mr O'Meara in court, who is reported to be so incensed that she has offered her services for free to fight the matter, which is currently in the State Administrative Tribunal. This is truly in the highest spirit of the 'Bar.' I will be following developments closely.
Harold Levy: Publisher: The Charles Smith Blog.
PASSAGE OF THE DAY: "The case collapsed in the wake of a police interview being ruled nadmissible leaving “no reasonable prospect of conviction.” It made headlines because detectives had encouraged Dylan to talk to his imaginary friend to find out what had happened to seven-month-old Shisui, who was found lifeless in his cot in 2016. Among other scathing comments, Justice Lindy Jenkins described the interview as an unfair and misguided attempt by police to “elicit a confession from an imaginary person”. “Not only were the police speculating (about the cause of Shisui’s death) but they were inviting the accused, a psychologically vulnerable young man who was more prone to suggestion and acquiescence than the average person, to speculate,” Justice Jenkins said. She added scenarios were put to Mr O’Meara “which police had no factual basis for believing”. “The police did not know what had caused the deceased’s death or even that it had been caused by a deliberate act of any person. Despite this, the interviewing police officers repeatedly put numerous assertions to the accused ... which alleged the accused by his acts caused or contributed to the deceased’s death. These assertions were little more than speculation but they were put to the accused forcefully as being realistic, if not probable, causes of the deceased’s death.” Ms Fordham likened the police conduct to the infamous Andrew Mallard miscarriage of justice, when detectives used underhand interview techniques to get a confession from a vulnerable person."
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PASSAGE TWO OF THE DAY: During the hearing, she also accused police of tunnel vision in their pursuit of Mr O’Meara, claiming they’d failed to explore other potential suspects and lines of inquiry. Nine people were resident in the shared Rockingham house that Mr O’Meara, Shisui’s mother and the baby lived. Neighbours said the house also attracted frequent visitors. Sudden infant death syndrome had not been ruled out, with an autopsy unable to identify a cause of death. The post-mortem revealed Shisui had been a well fed, healthy baby up to his death, bar a couple of serious findings — his left arm was fractured and he had a healed rib fracture. There was evidence in the police brief to suggest that the infant had fallen in his walker from the bed in the presence of his mother. The only evidence against Mr O’Meara was from the now-discredited interviews. Mr O’Meara has autism spectrum disorder, schizotypal personality disorder, anxiety and depression. He’s always doted on animals."
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PASSAGE THREE OF THE DAY: "His grandparents believe his voluntary work at the environment centre is vital to his own mental health. They said it provided him with a sense of purpose and achievement, and had assisted him with building confidence, reducing his anxiety, and improving his social skills. A supervisor there provided a statement of support. “He is totally trustworthy in any job we set him to do, including cleaning and caring for the animals he is dealing with. He has an empathy with thecreatures and they respond to him in a trusting way,” he said. Another statement was provided by his disability support worker. “I have worked closely with Dylan for an extended period and he has shown himself to be honest and conscientious young man who exhibits absolutely no traits of violent or inappropriate behaviour. Dylan would not hurt a fly.” Peggy O’Meara said her grandson was as gentle with Shisui, as he was with animals. They described him as an attentive, adoring father. It partly explains their unshakeable faith in his innocence. “This has really upset Dylan. It’s something that he's really passionate about and wants to do. And they're blocking that,” she said."
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STORY: “Mentally impaired father Dylan O’Meara battling with authorities after being cleared of son’s death,” by Reporter John Flint, published by The West Australian on May 8, 2021.
PHOTO CAPTION: “Dylan Meara was charged with killing his baby son but the State dropped the manslaughter charge after a Supreme Court judge ruled one of Dylan’s interviews with police could not be admitted as evidence at his trial.
GIST: A mentally impaired man who defeated charges of killing his infant son is now fighting another battle with authorities.
Dylan O’Meara needs Working With Children clearance to continue looking after insects and reptiles at Rockingham Environment Centre, which hosts school groups. The 25-year-old has childlike mannerisms and a boyish enthusiasm for stick insects and other critters.
Mr O’Meara’s grandparents, who look after him, claim a failed and deeply flawed prosecution — which saw a judge slam detectives over their interview tactics — is continuing to rebound on his life.
Despite a manslaughter charge being dropped in 2019 — with the judge’s stinging criticism prompting senior WA police to overhaul the way “psychologically vulnerable” suspects are interviewed — WA authorities are continuing to treat him as guilty.
In a letter rejecting Mr O’Meara’s bid for a Working With Children clearance, the Department of Communities claimed there was “sufficient information” to determine he was the person most likely to be responsible for injuries to his son Shisui.
This has outraged Mr O’Meara’s family. Barrister Judith Fordham, who represented Mr O’Meara in court, is so incensed she’s offered her services for free to fight the matter. It is currently being contested in the State Administrative Tribunal.
The grandparents feel the department is acting as judge and jury on a matter that has already been tested in court and was so flawed prosecutors gave up on it. It was also relying on police statements that weren’t supported by evidence, they said.
The case collapsed in the wake of a police interview being ruled nadmissible leaving “no reasonable prospect of conviction.”
It made headlines because detectives had encouraged Dylan to talk to his imaginary friend to find out what had happened to seven-month-old Shisui, who was found lifeless in his cot in 2016.
Among other scathing comments, Justice Lindy Jenkins described the interview as an unfair and misguided attempt by police to “elicit a confession from an imaginary person”.
“Not only were the police speculating (about the cause of Shisui’s death) but they were inviting the accused, a psychologically vulnerable young man who was more prone to suggestion and acquiescence than the average person, to speculate,” Justice Jenkins said.
She added scenarios were put to Mr O’Meara “which police had no factual basis for believing”. “The police did not know what had caused the deceased’s death or even that it had been caused by a deliberate act of any person. Despite this, the interviewing police officers repeatedly put numerous assertions to the accused ... which alleged the accused by his acts caused or contributed to the deceased’s death. These assertions were little more than speculation but they were put to the accused forcefully as being realistic, if not probable, causes of the deceased’s death.”
Ms Fordham likened the police conduct to the infamous Andrew Mallard miscarriage of justice, when detectives used underhand interview techniques to get a confession from a vulnerable person.
During the hearing, she also accused police of tunnel vision in their pursuit of Mr O’Meara, claiming they’d failed to explore other potential suspects and lines of inquiry. Nine people were resident in the shared Rockingham house that Mr O’Meara, Shisui’s mother and the baby lived. Neighbours
said the house also attracted frequent visitors.
Sudden infant death syndrome had not been ruled out, with an autopsy unable to identify a cause of death. The post-mortem revealed Shisui had been a well fed, healthy baby up to his death, bar a couple of serious findings — his left arm was fractured and he had a healed rib fracture.
There was evidence in the police brief to suggest that the infant had fallen in his walker from the bed in the presence of his mother. The only evidence against Mr O’Meara was from the now-discredited interviews. Mr O’Meara has autism spectrum disorder, schizotypal personality disorder,
anxiety and depression. He’s always doted on animals.
His grandparents believe his voluntary work at the environment centre is vital to his own mental health. They said it provided him with a sense of purpose and achievement, and had assisted him with building confidence, reducing his anxiety, and improving his social skills.
A supervisor there provided a statement of support. “He is totally trustworthy in any job we set him to do, including cleaning and caring for the animals he is dealing with. He has an empathy with the
creatures and they respond to him in a trusting way,” he said.
Another statement was provided by his disability support worker. “I have worked closely with Dylan for an extended period and he has shown himself to be honest and conscientious young man who exhibits
absolutely no traits of violent or inappropriate behaviour. Dylan would not hurt a fly.”
Peggy O’Meara said her grandson was as gentle with Shisui, as he was with animals. They described him as an attentive, adoring father. It partly explains their unshakeable faith in his innocence. “This has really upset Dylan. It’s something that he's really passionate about and wants to do. And they're blocking that,” she said.
She fears the case will throw up more hurdles in the future. “This all goes back to him being charged. It should never have happened,” she said.
Adding to the family dismay is that the Department of Communities has relied on police information that was speculation rejected in court.
A psychologist’s risk assessment of Mr O’Meara concluded he does not present a risk of harm towards children.
But it failed to sway the department, which said it could not comment on details relating to Mr O’Meara’s case “for confidentiality and privacy reasons”.
“This matter is also currently before the State Administrative Tribunal, so it would be prejudicial for any comment about the case to be made,” said Phil Payne, the department’s acting assistant director for general integrity, intelligence and professional standards.
“In general, when undertaking a Working with Children Check, the person’s criminal record and a wide range of other relevant information is considered in the assessment process. The information can include, but is not limited to, court transcripts and prosecution briefs, medical and
psychological assessments, outcomes of any counselling or treatment undertaken, child protection records and any information the person wishes to provide that is relevant to their case. “The outcome of the risk assessment undertaken is determined after thorough consideration of the information gathered and must consider whether the applicant poses an unacceptable risk of potential harm to children should they engage in child-related work.”
Mr Payne said laws did not allow conditional clearances, for example, for work performed under supervision.""
The entire story can be read at:
