28 September 2009

Tania Tominac not guilty

6 July 2009 | johnboy

666 Radio is reporting that the Former St Francis Xavier College science teacher Tania Tominac has been found not guilty of having sex with a 14 year old student.

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Chris2210:13 am 24 Jul 09

Perhaps people should be reading the judgment and not assume her innocence. Justice Gray comments upon how the overall evidence supports the complainant’s story however not to the specific dates Tominac was charged with. For example this is one charge she was faced with;

AND FURTHER THAT between the 9th day of April 2005 and the 25th day of April 2005 at Canberra aforesaid TANIA TOMINAC engaged in sexual intercourse with a person, namely [the complainant], the said person then being a person above the age of 10 years but under the age of 16 years, namely 14 years of age.

Gray, J found that the dates Tominac was charged with were displaced and were later into the year, whereby it is suspected the complainant was 15 years of age when the acts of sexual intercourse occured, therefore still being illegal for Tominac to have sexual intercourse with him. Conclusively, Gray, J could not find the defendant guilty beyond a reasonable doubt because the dates she was charged with were inaccurate.
Furthermore, the ACT is the only state in Australia where it is not illegal for a teacher and a student to engage in sexual activity and be in a relationship.

VYBerlinaV8_the_one_they_all_copy3:57 pm 13 Jul 09

Who the hell really knows what happens with these things? There’s very little real evidence, just a lot of ‘he said, she said’.

The courts are done with it. Time to let it go.

PBO3:44 pm 13 Jul 09

Firstly, It seems to me like you are trying to fuel a fire that the courts put out. Are you not happy with the result? Or are you that little boy who made the accusation in the first place?

Secondly, what the hell has happened to that school since I left? Your spelling is at best Shite. Are you sure that you were in the same year? You couldn’t have learnt much. Just what the world needs, Another unecessarily illiterate drain on societies resources.

Sands3:44 pm 13 Jul 09

good lord.

hellome2:59 pm 13 Jul 09

i was a student of tanya, i was in the same year as the student the charges are for, i was in her office allot because i got into allot of trobble, but every time i was sent there, there was 2young boys in her office, ever time. they where never in trobble, they would just be hannging out on the chairs, playing with some of the toys, eating food. i remember one of them making a fue “jokes” about how hot she was she would just shoo him outta her office and tell me to come in, give me detention and i would be on my way, the boys in her office where the school yard “crushes” every nerdy girl had there names scribbled in love hearts somewhrer in there organizers, they looked older to. now according to me its wrong for her to be entertaining young boys in her office, that just leads to temptation. they might not have proof that she did it with one of them, but common knowlage tells me she did.

Spideydog9:16 pm 07 Jul 09

BerraBoy68 said :

If I may, Nyssa and Spidey (and I may be speaking out of turn, if so, sorry) but it seems to me that you agree that Ms Tominac ‘may’ have behaved in a manner unbecoming of a teacher.

However, there is disagreement that the ‘victim’ may have been either malicious (Nyssa’s view) to the point that he purposely made allegations to tarnish Ms Tominac’s reputation and career, or he may have actually believed that he had been abused but lacked the ability, evidence, or convincing argument to prove the abuse occurred to the Court (Spidey’s view). Either way, it’s a sad, sad story. I’m not sure anybody wins in this case but I hope that now a judgment has been made Ms Tominac and the alleged ‘victim’ can move on as best they cant.

Agreed

(although a small caveat … I do not believe he either did or didn’t make his allegation up, I simply mean that just because the charges weren’t proven, does not automatically prove he is lying and made false allegations)

Myself and Nyssa76 will have to agree to disagree methinks. But I do agree with you Berraboy68, that it is a very sad story and hope that all can move on best that they can anyways.

Anyways, enough from me on this 😉

BerraBoy689:09 pm 07 Jul 09

If I may, Nyssa and Spidey (and I may be speaking out of turn, if so, sorry) but it seems to me that you agree that Ms Tominac ‘may’ have behaved in a manner unbecoming of a teacher.

However, there is disagreement that the ‘victim’ may have been either malicious (Nyssa’s view) to the point that he purposely made allegations to tarnish Ms Tominac’s reputation and career, or he may have actually believed that he had been abused but lacked the ability, evidence, or convincing argument to prove the abuse occurred to the Court (Spidey’s view). Either way, it’s a sad, sad story. I’m not sure anybody wins in this case but I hope that now a judgment has been made Ms Tominac and the alleged ‘victim’ can move on as best they cant.

Spideydog8:45 pm 07 Jul 09

nyssa76 said :

The fact it was proven to be not true e.g. the prosecution did not prove their case.

Sorry, but the allegation was not PROVEN to be NOT be true. The judgement means that the charges were not proven beyond reasonable doubt and obviously, her innocence until proven guilty is maintained. There is a huge difference. You can’t seem to grasp that difference.

nyssa76 said :

Don’t like it? File an appeal. Then again, how many more times do you want to put the evidence, or lack there of, forward?

At no time have a said I was unhappy with the outcome, so you have gone off on a tangent there. Let me make it clear to you what I am saying, as you seem to struggle with the concept……

JUST BECAUSE THE CHARGE/S WEREN’T PROVEN, IT DOES NOT MAKE THE ACCUSER, AN OFFENDER OF MAKING FALSE ALLEGATIONS. If that were the case, they would be facing perjury charges.

My issue is that you got on here with no personal involvement in the matter, guns blazing with your pitch fork and lynching noose, accusing the complainant in the matter, of making false allegations in which you can’t prove otherwise.

I realise that Mrs Tominac’s career is most likely in taters and I am profoundly sorry for that, especially if they are false allegations. I don’t know what the answer is, except them being able to find evidence that proves the complainant did in fact made false allegations, then I will agree with you. Until then. she may need to seek legal advice, if she hasn’t already.

nyssa767:07 pm 07 Jul 09

chewy, I’ve heard and seen conduct not becoming a teacher and they still have their jobs.

Don’t ask me why, I’m still trying to figure it out…

nyssa767:05 pm 07 Jul 09

Spideydog, seriously get a clue.

I was talking about her LOSS OF WAGES and the fact that she will now be UNEMPLOYABLE as a teacher, whether malicious statements were made or not. The fact it was proven to be not true e.g. the prosecution did not prove their case. The courts were privvy to all the evidence presented by the prosecution and the defence. Don’t like it? File an appeal. Then again, how many more times do you want to put the evidence, or lack there of, forward?

The ‘victim’ is male. So why are you talking about female rape victims? Male rape victims are usualy less inclined to speak out as they fear being called far worse because of their gender and society’s expectations that men don’t get raped.

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