David Hookes - Rest In Peace

[CHIPS]

The pr*ck that did this is already on bail from previous assault offences. There should be some sort of rule saying people with previous assault convictions can't be a bouncer. Isn't assaulting someone (and killing them) a breech of the existing bail conditions, shouldn't he go straight to jail?

.....Absolutely right!!

[Yoda]

This is a great loss to Victorian cricket and all Australians. After turning the Bushrangers around, this is the thanks he gets. A passionate man, a delight to watch at the crease and an all round good bloke. Thanks for the memories Hooksy

RIP

[genebaby]

They better haul that no brains monkey back into the system quick smart. What an unbelievable end to what should have been a great day for David on Sunday. That thug had 'better' get what's coming to him.

I heard last night there was a case here locally where a bouncer threw a guy down some stairs head first. Opened up the guys head and did lots of serious damage. Stupid judge let him off cause he felt sorry for him as he hadn't been properly trained as a bouncer. WTF? How much training do you need to know you don't throw someone head first down some stairs?

Enjoy life for sure. You never know when it will end. This is why I got the XR8 and I have about 16 guitars. Live life to the full!

[Velvet Glove]

The loss of anyone's life in this sort of circumstance is a true tragedy. No one deserves to lose their life this way. My heartfelt condolences to all involved. He was a great cricketer and coach.

Amongst all this tragedy it is very important to keep the situation in perspective and not be swayed by the histrionics of the print media, who will all try to run as sad a story as possible to sell their papers. The disgraceful clamouring to see who could produce the longest and saddest footage of the bali tragedy spells that out clearly.

What is clear to be thus far is that the bouncer has followed the group 70m down the road and the altercation has started. As he has strayed so far from his work, the 'bouncer' aspect does not come into it at all, and he wont bother trying that one on. It is a disgraceful assault, nothing less.

It is also very important to realise why the offender was charged with assault only. When attempting to prove an offence 2 aspects must be proven beyond a reasonable doubt. The 'actus reus', or act of the offence (I.e. hitting someone to prove an assault) and the 'mens rea' (the mental element, or the intention to commit the crime). Without going into the technicalities of the mens rea aspect, unless it can be proven that the offender intended to commit the harm done to David (I.e. intended to kill him or seriously injure him, or was 'recklessly indifferent' to the consequences of his actions) then at thsi stage he can only be charged at the level he has been. I'm not saying that it's right or wrong, just that that's the law, pure and simple.

Some reports have said that David was just hit once and fell to the ground, sustaining the injuries that lead to his tragic death. If that's the case then it would be extremely hard to prove anything above an 'assault', as the consequences of the actions would be nigh on impossible to prove, or indeed foresee.

I'll try and give a rough example. If a 65yo woman with an impeccable driving record approaches an intersection and stops. Looks left and right, then proceeds slowly away when she thinks its clear, but a cyclist comes straight out of her blind spot. She hits the cyclist and they are killed. Should the woman be charged with culpable driving or just failure to give way ? I'd suggest it would be the latter. You cannot be punished for the consequences of your actions if they weren't reasonably foreseeable.

Some may say as an 'amateur boxer' (another piece of press hype) that he should realise that he punches harder than the average. This won;t wash in the analysis. Many 'amateur boxers' have thrown similiar punches in the past with less than tragic consequences. In this instance it was the wrong place at the wrong time, with tragic consequences.

Please dont think I am trying to justify anything here. I hope the book gets thrown at the offender, but be prepared for the book to be smaller than people think.

I dunno why but I had a bit of an empty feeling when I heard about it. I do get a bit cynical though, when I read the reports of people like the Telegraph, who devoted 5 entire pages to it (Don BRADMAN didnt get that much) purely on the basis of the way David died, rather than the way he lived.

When reading the press reports try and sort the wheat from the chaff and remember that they are trying to sell papers, they dont care what happened.

RIP David HOOKES. May the full extent of the appropriate law extend to the cowardly clown who did this

[cvanxr]

RIP David Hookes. I remember watching him at the SCG in the early days of One Day cricket. Awesome stuff.

I know the media hipe will continue, I hope that if nothing else it will tighten up on the crowd control industry so that people with a criminal history (record) for violence are not eligible to work.

A sad waste of life due to stupidity. :(

[Velvet Glove]

Sorry, not trying to throw another log on the fire here, but my understanding is that people with criminal CONVICTIONS arent permitted to work in the industry. My understanding is that the guy was previously charged but has not been convicted yet, you know, 'innocent until proven guilty' and all that sort of thing.

That being said, it sounds like he was a far from suitable security employee in the first place. The security of the security industry Australia wide is a joke. Too many people who would love to be cops but have neither the common sense nor brains to do it. A lot of good people in the industry, but your average bouncer is a drug-fueled small hearted clown

[Falchoon]

They said on the news this morning that in a statement by the club bouncers Hookes thew a punch first, but this is different to what several eyewittnesses said. Also the news said that the bouncer failed to report to Police as yesterday as is part of his bail condition. Throw the pr*ck in jail and let him rot I reckon.

[Guest BlackMagic]

As a family friend he will be sadly missed. A great guy who did alot away from the public life he led. Words fail me at this time, enjoy life everyone while you have it cause you never know when it will be taken from you.

Sincere condolences xrdreaming. I don't know Hookesy personally but I'm sure he would be would been a great mate and family man. I certainly admired and looked up to him when I was in primary and high school and especially back yard cricket. He was the always the best one to 'copycat' as you'd just go for the smack and always do a 'Hooksey'

R.I.P. and thanks for the memories!

[Falchoon]

http://www.smh.com.au/articles/2004/01/22/...4360865544.html

Bouncer charged with manslaughter

January 22, 2004 - 8:00AM

Bouncer Zdravco Micevic, 21, has been charged with manslaughter over the death of David Hookes.

The Melbourne bouncer's original charge of one count of assault still stands.

Melbourne Magistrates Court was told Micevic would plead not guilty to the manslaughter charge.

Micevic's bail conditions were also varied in the brief hearing before Magistrate Daniel Muling.

He is no longer required to report to the Keilor Downs Police Station, but will need to provide the Office of Public Prosecutions 24 hours' notice prior to changing address and put up a surety of $2000.

Hookes, 48, died in hospital on Monday from injuries suffered after he was knocked to the ground outside a bayside Melbourne hotel the previous night.

Crown prosecutor Louisa Dipietrantonio told the court the Director of Public Prosecutions was concerned about the continued publicity Micevic's case was attracting.

Micevic's lawyer, Brian Rolfe, said his client had been receiving hate mail and death threats.

He said media had been camped outside Micevic's house and his family had been forced to flee their homes.

Magistrate Muling called on the media to exercise responsibility in their reporting of the case.

"It's in no-one's interest to have such proceedings damaged by unfair reporting or comment," he told the court.

The case was adjourned until April 13.

[KEN 24T]

This is a very emotive subject, given the popularity of the person involved. I'd just like to thank VG for his comentary ... cool and level-headed as usual.

I didn't know David Hookes personally, but if he was anything like the rest of us, he would have had his good and no-so-good points. I was especially impressed by the fact that his organs were donated and helped others.

If nothing else, the organ donations are one small, good thing to come out of this tragedy.