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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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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.

deezagood deezagood 8:51 am 07 Jul 09

Yes Wilco, and along with all of the rest of this woman’s suffering and embarrassment, she has to also endure a demeaning fake Facebook profile that was widely publicised on RiotAct.

Panhead Panhead 8:24 am 07 Jul 09

Wilco said :

Both the decision to prosecute this case, and the conduct of the prosecution itself must now be questioned.

The DPP’s Prosecution Policy states the ” A prosecution should not be instituted or continued unless there is reliable evidence, duly admissible in a court of law, that a criminal offence has been committed by the person accused”. … “The evidence must provide reasonable prospects of a conviction”. See http://www.dpp.act.gov.au/policy.htm

Much of the prosecution evidence was questionable. Justice Gray criticised the Prosecution for tendering 15 maritial aids seized from the Defendant’s bedroom without any explanation of their evidentiary value. He said that their production was irrelevant and unnecessary. He was also “at a loss” to understand why the Prosecution tendered incomplete telephone records, and was not impressed with the explanation that it was due to “an administrative oversight”.

Notwithstanding a ‘not guilty’ finding, a professional reputation has been all but ruined.

At the very least, the ACT DPP should be called to account for its conduct of this matter.

And let’s not forget the incompetent cops who investigated the false and malicious allegations. They also need to be brought to account. Before Mick Keelty leaves the AFP in the next few months he needs to have a good look at the woeful quality of criminal investigation in Canberra and fix it. It must be more than a decade since the cops in Canberra solved a murder and had the offender successfully prosecuted.

Wilco Wilco 7:21 am 07 Jul 09

Both the decision to prosecute this case, and the conduct of the prosecution itself must now be questioned.

The DPP’s Prosecution Policy states the ” A prosecution should not be instituted or continued unless there is reliable evidence, duly admissible in a court of law, that a criminal offence has been committed by the person accused”. … “The evidence must provide reasonable prospects of a conviction”. See http://www.dpp.act.gov.au/policy.htm

Much of the prosecution evidence was questionable. Justice Gray criticised the Prosecution for tendering 15 maritial aids seized from the Defendant’s bedroom without any explanation of their evidentiary value. He said that their production was irrelevant and unnecessary. He was also “at a loss” to understand why the Prosecution tendered incomplete telephone records, and was not impressed with the explanation that it was due to “an administrative oversight”.

Notwithstanding a ‘not guilty’ finding, a professional reputation has been all but ruined.

At the very least, the ACT DPP should be called to account for its conduct of this matter.

YapYapYap YapYapYap 11:12 pm 06 Jul 09

johnboy said :

Re: The photograph.

2) That the Facebook profile in Ms Tominac’s name is carrying the photograph this morning is a matter, in my opinion, of considerable public interest, for all that it remains uncertain if it is something she posted, or if the profile was created by others.

What possible public interest? This is nothing more than tabloid dross.

johnboy johnboy 10:44 pm 06 Jul 09

No i-filed. When I *knew* the photo was fake I deleted it.

What I did do was get to the heart of the matter.

Which no-one else could or would do.

I-filed I-filed 10:38 pm 06 Jul 09

deezagood said :

Why on earth would you post this photo JB??

So soon after Riotact’s claiming to be a legitimate news outlet re the Ainslie stabbing incident photos …

JB, you know the photo is fake, so you shouldn’t have posted it.

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