28 September 2009

Tania Tominac not guilty

| johnboy
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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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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.

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.

good lord.

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.

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 😉

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.

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.

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…

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.

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.

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.

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.

its not her she was my teacher.

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.

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

“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?

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_Bells749:24 am 07 Jul 09

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

Clown Killer9:20 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.

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.

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.

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.

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.

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.

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.

nyssa76 said :

I’d like to know what has happened to the little toe-rag who made the claims. Will he now be sued for legal costs as well as loss of future income?

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.

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

Thumper: Well I’m no lawyer, but I don’t think defamation is available for accusations made to police / in the course of court cases. Anything else would probably require her to prove the accusations were untrue, which would be hard.

This is probably as it should be, because otherwise no-one would ever be able to report a crime for fear that it wouldn’t be proven and they’d end up liable – imagine how few rape victims would come forward under such rules?

I’d like to know what has happened to the little toe-rag who made the claims. Will he now be sued for legal costs as well as loss of future income?

great more salacious material in the public domain.

1. That is not the her and you’re stupid for posting it. For all we know you probably created the account. Also in case you hadnt heard or noticed she is not single. Her husband is a lovely person and they are more in love with each other now then they were 15 years ago when i first met them.
2. Please stop posting crap about this now that the matter has been dealt with, the family have suffered enough.

I just googled her…errggg Some boys just never get over their Mama’s mammaries!

Pardon my extreme naivity, but just who is this Brittany O’Neil?

astrojax said :

i do find peekz’s encyclopaedic knowledge herein alarming, jb…

I’ve done some extensive independent research, what of it? 🙂

Make of this what you will.

I’ve just now discovered the facebook profile of a “JB” in Canberra, in which he claims to be a “shock-jock” for a website called “riotact”. Nothing on his profile throws any light on the illegal porn allegations currently doing the rounds.

I won’t post his photo here though, that wouldn’t be right, would it?

I have reported it also, jessieduck.

If you have a facebook page and feel that this profile was created maliciously, you can join me in reportng it to facebook. 1) it’s a fake profile, 2) I doubt they own the rights to use Brittany O’Neil’s photo.

i do find peekz’s encyclopaedic knowledge herein alarming, jb…

If you thought even for a millisecond that the facebook site was genuine then you need to get checked for Down Syndrome.

Pelican Lini3:24 pm 06 Jul 09

Panhead said :

deezagood said :

Why on earth would you post this photo JB??

Because he’s a serious “journalist” who feels obliged to delve deeply into all the relevant issues around a story and not focus on the crap like they do on ACA or the Daily Telegraph.

– cough, cough – Pauline Hanson

I can only presume that these types of comments (#42, # 41, etc..) were exactly what JB was hoping to garner when he posted the photo, the link and created the fun little survey.

Or as it seems in this case, Boobie Implants on a 60 year old

Oh her poor back. Implants like those are the same degree of unethical as IVF for 60 year olds I reckon.

(In case anyone hasn’t been on an educational tour of Canberra’s stickfilm and joybuzzer stores, and so may have missed who Brittany O’Neil is.

http://www.imdb.com/name/nm0641972)

She’s known for being blond, screaming loudly, and having 42EEs.

Thanks for taking it down jb

I knew I’d seen her before…

The above pictured may actually be from her own website, but again, searching that kind of things is Not Worksafe, so I can’t tell you.
Can we have it removed?
http://commons.wikimedia.org/wiki/File:Busty_Brittany.jpg

Peekz said :

That photo is of Brittany O’Neil in case anyone was wondering

OK jb- so now we can say it’s not her, how about taking the photo down?

That photo is of Brittany O’Neil in case anyone was wondering

Granny said :

For what it’s worth, Panhead, I feel very sorry for Ms Tominac and her family, and I do hope her employers will be supportive of her future career.

I’m sure you do – you seem like a decent person. I don’t know whether the CEO would support her but somehow I don’t think she will hang around Canberra for much longer.

Granny said :

For what it’s worth, Panhead, I feel very sorry for Ms Tominac and her family, and I do hope her employers will be supportive of her future career.

Even though she was aquitted, she has made some grave errors in judgement that suggest maybe teaching is not the career for her.

For what it’s worth, Panhead, I feel very sorry for Ms Tominac and her family, and I do hope her employers will be supportive of her future career.

Whoever has set up that facebook page is a malicious little f–ker

Granny said :

Panhead said :

Oh really. Bloody hell, I’ve been tricked.

I was trying to be supportive. Last time I bother.

I seriously don’t think anyone mistakes this grotesquely ugly porn star for Ms Tominac. But after all the humiliation she and her family have endured in recent months jb’s little game is fairly innocuous I guess.

rosiered said :

c’mon JB, you do a lot better research and posts than that for something that is not sexual in nature. If you think this pic is plausible than you need to take a cold shower

+1

Panhead said :

Oh really. Bloody hell, I’ve been tricked.

I was trying to be supportive. Last time I bother.

c’mon JB, you do a lot better research and posts than that for something that is not sexual in nature. If you think this pic is plausible than you need to take a cold shower

Mike Bessenger12:20 pm 06 Jul 09

Who cares if it’s not her. Thats a great set of tits.

Granny said :

It’s not her at all.

Oh really. Bloody hell, I’ve been tricked.

JB is just s-h-i-t at life.

It’s not her at all.

deezagood said :

Why on earth would you post this photo JB??

Because he’s a serious “journalist” who feels obliged to delve deeply into all the relevant issues around a story and not focus on the crap like they do on ACA or the Daily Telegraph.

Reading the judgement, i still have no idea whether this woman is guilty or not but the prosecution completely stuffed up their case. Why did they not provide her phone records?
She is guilty of complete stupidity at the least.

The photo may not be obscene jb but it’s not safe for work in the sense that it attracts a fair bit of “double take” in the boss department.

Please remove that pic as I read this forum at work. Eek.

FYI, This is what she looks like:

http://www.abc.net.au/reslib/200905/r373345_1733960.jpg

Poor woman! Her life has been completely destroyed by a screwed up, evil, drug addicted, lying, little prick who was able to con a gullible and incompetent bunch of cops and the DPP in this town. Those who know the people involved in, and the circumstances surrounding this farce, never had any doubt about the woman’s innocence. It’s such a joke and a tragedy that it ever got to court in the first place. Thankfully a Canberra judge has got it right for a change.

Re: The photograph.

1) Leaving aside personal aesthetic judgments of it, it is not obscene.

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.

A quick browse of other publicly available images of Ms Tominac suggest the picture is plausible.

Why on earth would you post this photo JB??

OMFG, please censor that image! ha!

Jb, I don’t think you’ve taken a justifiable position on this coverage, but even though its your editorial decision, my membership is due for renewal (or not) in a fortnight.

PS: If you absolutely -must- show the photo to make a point Jb, can you put it as an “after the jump”\”click here for more”?
“Lady with the big norks” is normally a page 3 inside the newspaper where consenting readers can find it, or other people can avoid it entirely, not a front page item for the newsstand gawkers with morning wood.

OMG those tatas are not hers.

suck on it people. suck on it.

p.s i agree with sepi. still trying to make her look bad in an attempt to make people believe the lies? Sorry, didnt happen.

Non-guilty but also unemployable.

Any teacher in the past who has had false claims made against them are deemed as outcasts despite their innocence.

Instead of being treated as the victim, she will be shunned. Don’t think it doesn’t happen, I can name several cases of ex-teachers being treated the same.

barking toad11:10 am 06 Jul 09

All dat meat and no dam potatoes!

Why are you showing that photo with this story?

You’ve lost me anyway.

Judgement online here for those interested. Our courts seem significantly more transparent than those over the border.

The photo does bear a striking resemblance.

It’s not real. There’s no way she’d have a photo like that in the current circumstances.

I dont think that the photo is her anyway.

So, does she get her job back now? And secondly, what type of compensation is she recieving for being put through all this hassle? She had parts of her life that were not anyones business paraded before the court and in turn heard about by the community at large.

I would sue the crap out of the boys family for slander.

In aftermath of Fake Katy Gallagher’s Facebook, can you be sure that its Real Tania’s page, and not someone taking the piss?

Jeebus, JB – how about NSFW links to posts.

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