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Tania Tominac not guilty

johnboy 28 September 2009 86

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.

More on this as it comes to hand.

UPDATE: Make of this what you will. The accompanying photograph is the current profile photograph for a facebook profile in Ms Tominac’s name. Bear in mind the possibility of fraudulent profiles on Facebook.

FURTHER UPDATE: The ABC has a very brief story:

    Today in the ACT Supreme Court, Justice Malcolm Gray found her not guilty of all six charges.

ANOTHER UPDATE: Thanks to Caf for pointing out that the ACT Supreme Court has been very quick off the mark in publishing the judgment which includes this conclusion:

    Overall, the matters put by the prosecution as support for the complainant’s account of the matters that are the subject of the charges on the indictment before me do not overcome the reservations that I have earlier expressed about the complainant’s evidence. I am not satisfied beyond reasonable doubt that any one of the charges is made out.

Tanya Tominac Facebook Profile

  • The picture looks real to me (12%, 8 Votes)
  • It could be real? (16%, 11 Votes)
  • Is definitely a fake (72%, 48 Votes)

Total Voters: 67

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A FURTHER UPDATE: Peekz, who has an alarmingly encyclopedic knowledge has identified the woman pictured as being one Brittany O’Neil. On which basis the facebook profile can almost certainly be classified as fake and malicious.


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86 Responses to Tania Tominac not guilty
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Chris22 Chris22 10:13 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_copy VYBerlinaV8_the_one_they_all_copy 3:57 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.

PBO PBO 3:44 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.

Sands Sands 3:44 pm 13 Jul 09

good lord.

hellome hellome 2:59 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.

Spideydog Spideydog 9:16 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 😉

BerraBoy68 BerraBoy68 9:09 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.

Spideydog Spideydog 8:45 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.

nyssa76 nyssa76 7:07 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…

nyssa76 nyssa76 7:05 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.

Peekz Peekz 3:42 pm 07 Jul 09

Spideydog said :

The face has been shopped onto the body of Brittany O’Neill, is what I was getting at.

No, that’s not a photoshop. It’s just Brittany.

Spideydog Spideydog 1:40 pm 07 Jul 09

nyssa76 said :

“This is the sort of comment that is why some female victims of rape don’t come forward. Because a prosecution was un-successful doesn’t automatically make the accuser, the offender.”

Actually Spideydog her career is now in the toilet. Despite being cleared, she will be ostracised from teaching. Tell me, is that ‘justice’? As I said in an earlier post, many a false claim has lead to teachers losing their jobs and never working again in a profession they love.

Furthermore, how can you you compare this to female rape victims? Are you trying to prove your point by introducing a pointless statement?

You just don’t get it do you …. The charges against her were not “proved” Yes, her innocence has been maintained in the eyes of the law. This does not automatically make the accuser the offender as you have jumped on. My point with female victims of rape is valid and highly appropriate. By taking your stand point, every time a rape victim makes a complaint of sexual assault and goes to court, to then have the matter not “proved” automatically means, that rape victim made it all up and as such made false accusations. If that were the case, we would have a whole lot of females out there that are making wrongful allegations willy nilly. EXACTLY THE SAME SCENARIO. Additionally, the viewpoint and stance you have automatically taken here, is a part of the reason rape victims don’t come forward …. for the fear of being treated like an offender, especially if the charges don’t stick.

Perhaps you need to prove the “accuser” was in fact making it up before blasting from the hip. They are afforded the “innocent until proven guilty” right as well.

Spideydog Spideydog 1:28 pm 07 Jul 09

Peekz said :

Spideydog said :

You can see her face is not proportionate to the body. Photoshopped for sure, no doubt.

Do a google image search for Brittany O’Neill, you’ll see that the photo wasn’t ‘shopped.

Besides, it’s not her face that’s out of proportion, you’re aiming a little high :p

The face has been shopped onto the body of Brittany O’Neill, is what I was getting at.

mzih8u mzih8u 10:51 am 07 Jul 09

its not her she was my teacher.

chewy14 chewy14 10:39 am 07 Jul 09

nyssa76 said :

Actually Spideydog her career is now in the toilet. Despite being cleared, she will be ostracised from teaching. Tell me, is that ‘justice’? As I said in an earlier post, many a false claim has lead to teachers losing their jobs and never working again in a profession they love.

She was cleared of the charges, but her conduct was still not befitting of someone who i’d want teaching my children. Maybe its time for her to find a new career.

Peekz Peekz 10:21 am 07 Jul 09

Spideydog said :

You can see her face is not proportionate to the body. Photoshopped for sure, no doubt.

Do a google image search for Brittany O’Neill, you’ll see that the photo wasn’t ‘shopped.

Besides, it’s not her face that’s out of proportion, you’re aiming a little high :p

nyssa76 nyssa76 9:48 am 07 Jul 09

“This is the sort of comment that is why some female victims of rape don’t come forward. Because a prosecution was un-successful doesn’t automatically make the accuser, the offender.”

Actually Spideydog her career is now in the toilet. Despite being cleared, she will be ostracised from teaching. Tell me, is that ‘justice’? As I said in an earlier post, many a false claim has lead to teachers losing their jobs and never working again in a profession they love.

Furthermore, how can you you compare this to female rape victims? Are you trying to prove your point by introducing a pointless statement?

The Brad The Brad 9:27 am 07 Jul 09

Clown Killer said :

In my view the Facebook profile becomes even more relevant once it is established as being a ‘fake’ because it suggests that there are individuals or groups in the cammunity acting with an intent to portray Ms Tominac in a light that may prejudice any legal proceedings or that would cast doubt upon the outcome of those legal proceedings.

I wouldn’t be too worried. The judges and Barristers probably all knew that it was Brittany O’Neil.

Hells_Bells74 Hells_Bells74 9:24 am 07 Jul 09

At least you always ‘update’ unlike most certain other media outlets.

Clown Killer Clown Killer 9:20 am 07 Jul 09

In my view the Facebook profile becomes even more relevant once it is established as being a ‘fake’ because it suggests that there are individuals or groups in the cammunity acting with an intent to portray Ms Tominac in a light that may prejudice any legal proceedings or that would cast doubt upon the outcome of those legal proceedings.

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