Thomas Kelly
by CHRIS URQUHART
When I found out late last night that someone had been charged with the murder of Thomas Kelly, I was both relieved and curious.
I was relieved because like everybody else, my heart aches for Tom’s family and friends as they continue to grieve. I was curious, though, because I wanted to know more about the person charged with this horrible crime. What is his name? What does he look like? Where does he live? What is his job? Who are his friends?
Of course, I’m not the only who one that wants answers to these questions. The story of Tom’s murder has been talked about for a fortnight, across Australia. Everywhere from Kings Cross to Kincumber, from Darlinghurst to the Darling Downs, people want to know who did it, and they want to know why.
Journalists are an enquiring bunch, who not only want to find out these answers, but want you to read them first in their newspaper, or see them first, in their news program. Often, journalists find out a lot more than they can ever include in their story. Within hours of the arrest last night, reporters knew the name of the accused murderer, what he looks like, where he lives and more.
I’m certain that nearly every newspaper, news website and television news program in Australia has clear, unblurred images of the man accused of murdering of Thomas Kelly. In the modern age of the internet, they’re not that difficult to find. I’ve seen them today for myself.
But there’s a bloody good reason why these images can’t be published yet. In this case the identity of the person accused of killing Thomas Kelly is crucial to the prosecution’s case. What he looks like is important, because one day, a person in a witness box may be asked to describe the offender. A description of him may be crucial in witnesses linking him to being at the location at the time of the alleged attack.
Thomas Kelly’s parents speak with 60 Minutes
Additionally, jurors may be asked if they know the person accused or if they have ever seen him before. If they’ve seen his photo in a newspaper, under the headline “Accused Murderer”, it can make it very hard for the accused to get a fair trial.
Somebody who may well have killed Thomas Kelly could walk free, and his family might never receive justice. No one wants that.
I can imagine the mobile phones for the media’s lawyers ringing close to midnight last night. “We’ve got a photo of him, can we run it?” they’d be asked “No.” would be the answer. Of course the papers would love to have that photo on the front page. But today, they’re just not allowed to.
When I woke, this morning and read twitter, I already saw people posting pictures of “the animal who murdered Thomas Kelly”, along with the name of the person who has been charged.
This is the modern age. Internet vigilantes rushing to justice. You can understand their anger, their outrage. We’re all angry. We’re all outraged. But we all need to think and act carefully.
What if the person posting the picture got it wrong. What if they made a mistake and the picture is actually of an innocent person who happens to have the same name, sent to hundreds of thousands of people across the internet, with the caption, “Murderer”?
Even if they got it right and that picture is in fact, the person accused of Tom’s murder, sending it out, with that caption is still wrong.
The person who is accused of killing Thomas Kelly has been charged with murder, but has not been found guilty. For now, he is an alleged murderer. Secondly, distributing an image of him online is dangerous for the same reasons as it is dangerous for newspapers to print them.
“Who cares,” some people might say. “He’s an animal.”
I care. I want the person who is accused of Thomas Kelly to receive a fair trial. And if he is found guilty, I want that person punished to the full extent of the law.
I don’t want vigilante justice. I want the law to take its course. I want people to be patient. I want prosecutors to get a conviction.
So I urge you, in this case, and others in the future: have a long think before you post, re-post, tweet or retweet pictures of a “killer” or “murderer” to your facebook, your twitter, your instagram or anywhere else.
Chris Urquhart is a reporter with A Current Affair. He has a decade of experience as a journalist in television and radio news. Follow him on Twitter here.
104 Comments so far
I won’t be looking at the web to find this person. I don’t want to know what he looks like. I don’t want to know where he lives, what he does, where he goes.I don’t want to know his name.
If he is guilty, well and good. Lock him away. But I don’t think he deserves the notoriety and publicity he is gaining right now. I don’t think he deserves the opportunity for bragging rights. I doubt very much that remorse would be high on his emotional radar though he may very well be high on the vilification of the public.
Who knows? I would rather see him become ‘invisible’ … shunned, unacknowledged in any way. Outcast. For the rest of his natural life.
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I think that’s a really good point. Hate the glamour of crims via stuff like Underbelly. If they’re long dead, it’s interesting, but glamming them up like Underbelly has done isn’t cool.
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Given the topic, and some of the comments and links being posted perhaps MM should close comments on this post. There is a danger of exactly the thing Chris is warning against happening right here some time soon.
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Sydney Morning Herald has a comprehensive report of Mr Loveridge, what a revolting character.
http://www.smh.com.au/nsw/prime-suspect-taken-off-the-street-20120719-22d6h.html
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While I understand that he is only being tried for murder, and not yet convicted, it seems crazy to me that we are so worried about the rights of the offenders above the rights of the victims and their families.
We live in a world where if an intruder breaks into my home and has a knife and I shoot them, I’m up for murder because the force isn’t justified. If someone breaks into my home and falls down the stairs, they can sue me for damages incurred.
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You answered you’re own question – he is not an offender yet, he’s still only accused
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The police don’t just arrest anyone. They have enough evidence to put home before the courts. He is 1000% the killer. No doubts at all. Unfortunately victims are rated second in court. If you aren’t familar with the law don’t make comments. He will get manslaughter not murder. The case will be hard to sell that he intended to kill. His lawyer will say he was high on drugs and alcohol and that he had a diminished responsibility when he did what he did. He will get 4-6 years. Maybe less. Either way he is in deep shit once in jail. He will not be tough in there. He will need to get used to sword swallowing I’d say.
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For someone telling another person that they’re not familiar with the law, you’re discounting the very good point that the not showing the accused will help the cops to get a conviction (as has been explained numerous times) rather than out of any respect for the alleged killer.
I agree the cops aren’t going to arrest just anyone, but if putting about pictures of the person accused buggers the cops’ case, why would you want that? Their picture will be around when they’re convicted.
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Yes but he is still accused of a crime. why should he be allowed to remain “hidden”? It isn’t going to give him a fairer trial. Until the justice system stop playing things out in the media (which will never happen) then people need to understand what there actually reading in the newspaper. Also jurors are questioned about what they have read and what they “know” about the accused. If they lie under oath, that is another problem all together.
The police very rarely get it wrong, this isn’t to say it doesn’t happen. But with the technology, forensics we have available, they know who they are arresting is 99.9%the killer. They don’t just play pick a suspect.
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It’s not just about the rights of the accused. It’s because if their face is splashed all over the papers they may not be able to get a ‘fair’ trail, and will be allowed to go free. So if they are guilty they may walk because of their details being released prior to trail.
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If he walks then by the end the first week out he will be wishing he was behind bars.
The anger in the community clearly shows if he is released you will see a revenge attack.
The lynch mobs will beat him to within an inch of his life.
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This article is very well written and agree whole heartedly but am sick of the politically correct blah blah that people are spinning about fair trials, alleged murderer etc. If this was a member of your family would you be so politically correct?? People have emotions and feelings and obviously this has pulled at people’s heartstrings wanting the responsible person found gulity and dealt with.
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but I doubt that if your son, in twenty years’ time, is wrongly convicted of murder, because he happened to be wearing the same shirt as someone else on the wrong day, and at the wrong time, you’ll be sure to be upset about those politically correct people who insisted on due process so he could get a fair trial.
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Yes we all want the responsible person found guilty and dealt with (I’d like to personally deal with him myself) but we do have to be sure it is the right person. No mistake.
If this was a member of my family I’ve no doubt I would make it my life mission to destroy this person but thankfully, that’s why we have the law to act on our behalf and limit the carnage, so to speak.
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The “alleged” killer is over 18, therefore he is not a child under the law. Adults are not “hidden” away from the media so I don’t see why this man should be any different. He hasn’t been found guilty but he is being tried for murder none the less.
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why keep him hidden?
BECAUSE IT WILL HELP THE PROSECUTION.
Get it?
Geez.
Do you have any empathy for the family of the victim?
Or are you all about getting off on your own self righteous anger?
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Oh the irony of a reporter with A Current Affair calling for the public to treat this situation ethically, legally and fairly! I agree with you, Chris Urquhart. But can’t help but wonder why you are making this call. It’s not as if A Current Affair has ever shown much interest in justice, ethics or the rights of families who have lost a loved one.
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A person is not defined by who they work for. Stop judging Chris because he works for A Current Affair.
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Yes, a person IS DEFINED by the organisation they choose to work for – especially in the case of gutter journalism organisations. The operative term is “choose to work for”. No one forced Chris Urquhart to work for A Current Affair. He chose to work for them. He’s chosen to subscribe to their “ethical standards”.
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I agree with you cynic – it’s the most sensible, well thought out piece ever written by an A Current Affair reporter in history!
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So everything and anything he writes you are going to dismiss because he works for A Current Affair? I detest A Current Affair as much as the next person but I am not going to judge Chris’ article based on where he works as to me it is irrelevant.
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I have no real understanding of law but I think it may all boil down to the fact that the attack was not caught on camera so they need to rely on witnesses to pin it on the accused. The worst thing that could happen by posting his image is that it could be used as a way to get him out of jail
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Thanks so much for posting this…I don’t want anything to jeopardise this case and the person responsible charged and punished for his/her actions. The murderer can not get away with Thomas Kelly’s death plus the other three assults.
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Agreed, innocent until proven guilty, everyone deserves a fair trial. But when the sad individual responsible is found guilty in a court of law, I want justice for the innocent victim.
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A good point eloquently made Chris. Your Dad would be really proud
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Great post Chris. Most people get really angry and don’t think about the fact they could be hindering the prosecution’s case.
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I dunno, when I heard that the killer was 18, all I thought was wow..a child killing another child….its going to be tragic all round…
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The *alleged* killer….
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Oh please!…alleged….let’s just see shall we.
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Let’s hope you never sit on a jury
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Agreed.
I am so upset for the family of Thomas Kelly, but all I could think was another kid without the tools to properly deal with conflict, and at the mercy of alcohol and possibly other drugs.
And I know this isn’t standard conflict, and that Thomas did nothing wrong, but I would not be surprised if his attacker was reacting to an earlier incident in the night.
It’s an excellent opportunity to impress upon young adults the possibly astronomical consequences for them and the people around them when they behave in an anti-social way.
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Awesome, awesome piece Chris. Thanks for writing
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Such a great post Chris. The intersection of the media and the law can be tricky but you’ve absolutely nailed it here.
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I am in the process of studying media law at the end of my journalism degree. This article is so important. There are so many rules that need to be followed. A great point made by Chris.
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Well said Chris, thank you for taking the time to write this arcticle to remind us all to think before expressing.
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RIP Tom Kelly.
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I don’t understand why his name can be mentioned, but his photograph not shown? I’ve heard his name several times on the news already today. I would have thought mentioning his name would be akin to showing his face, in a legal sense. Can someone explain this?
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I think the article explains it, in terms of witness descriptions.
Although the witness influence aspect I suppose would be similar to knowing the name… but I’d guess that a visual image would be more likely to contribute to bias than a name. Maybe.
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A name isn’t an ultimate identifier. A face is.
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I think it is remiss to judge a person without know all the facts. I think manslaughter sounds like a more realistic charge as I doubt the idiot was trying to kill anyone.
I know people to whom a similar thing occured ( except their son was left brain damaged and cannot talk, walk or feed himself) and they were compassionate in their feelings towards the attackers and were happy with the 3 year sentence.
The friends of the boy hit started a program called “stop and think” to encourage young men to think about consequences of violent thoughtless behaviour.
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Very well said. I’ve already seen two conflicting reports with a name attached to them – please let justice take its course.
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His name is currently in an article on the Herald Sun website so is the media embargo already over?
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I read his name and his age this mroning on the herald sun website… I didn’t realise that there was even an embargo.
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There might still be an embargo. You can’t tell judging by what News Ltd publishes. This was the news company that published the name of a dead SAS soldier AGAINST the family’s explicit wishes. I’m sure being ‘first’ matters more to them than justice.
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I am trying to understand how anyone could be offended by his stories on the likes of Emuoil and The Voice. Chris/ stories are always harmless and never tacky – often uplifting.
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Am trying to understand how anyone could be offended by his ‘investigastions’ into the likes of emuoil and The Voice. Chris’ stories are always harmless and never tacky – often uplifting.
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“Alleged” being the most operative word here. If I was alleged to have killed someone (and knowing that I had not done so) I certainly would not want my name or photo published by any sort of media – TV, magazine, newspaper, or heaven help, online.
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glad to read this sensible piece from a Current Affairs journalist. If only this approach was applied to all their reporting….
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That’s whats happening with the Gerad Baden-Clay case. After all this bad media coverage, there is no way he is going to get a fair trial! No jury is going to think hes innnocent.
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It’s not even media coverage that’s mostly to blame – it is the digital age really. Nothing is precious or sacred or private. The world is full of oversharers, both in the written and visual form.
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Yea spot on wdidn. Im not saying his innocent or not, just that its going to be hard to have a fair trail now regardless. \
I also just read an article on ninemsn and they have released the name of Tom Kelly’s alleged killer…
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Yes and I recall some fairly disgusting speculation in the comments section of this website when people tried to state emphatically that he is innocent until proven guilty.
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The headline ignores the very point of this story. You appear to have convicted the accused man already. In a bygone age that was both defamatory and contempt of court.
What some people might have been told by someone who read something or saw something on the news, or how anyone’s friends behave is irrelevant.
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Excellent point Bob and you can now see that the headline has been amended.
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The original headline is still showing in the post on Facebook in case you weren’t aware
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Because there is no general news post’s anymore, I wasn’t sure where to share this:
http://www.thepowerindex.com.au/power-media/search-for-our-hottest-asylum-seeker-zoo-overboard-on-smutty-spread/201207181568
A mens magazine searching for Australia’s hottest asylum seeker!?
Seriously? It’s disgusting!
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While I don’t think its very tasteful, there’s two ways of looking at this:
One way of looking at this is that its sexual predation on vulnerable, isolated women.
Another way is that its attempting to make immigrants more acceptable amongst the demographic of Zoo readership (eg bogans).
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Considering the rest of that magazine I think I’m going to go with option one.
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Men’s magazines are dying – they are clutching at straws for publicity. This attempt is working for them.
I thought it sounded horrendous at first. But I don’t know if it’s any worse taste than we usually expect from them. Maybe there is a woman out there who “swapped persecution for s-xiness” and is looking for a break. If they actually manage to tell her story respectfully (um, am I really typing this?!) then it may be a positive thing…
Time will tell…
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It was reported that he also assaulted people before that fatal king hit on Thomas, not only that , he then went on and seriously assaulted 2 others after. What a piece of crap. I hope he gets, and does , the maximum time possible.
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You definitely missed the point of this story if you’re making speculative comments like that.
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His name is currently in an article on the Herald Sun website. So is the media embargo already over?
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Sorry – no clue how that comment appeared here. Pixies again.
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There’s nothing speculative about the comment, apart from lacking the word “allegedly”
“Detectives investigating the death of Thomas Kelly at Kings Cross earlier this month have charged a man with four offences, including murder, overnight.
“Police will allege four people, including Thomas Kelly, were assaulted that night.”
From the NSW Police Force media release.
http://www.police.nsw.gov.au/news/latest_releases?sq_content_src=%2BdXJsPWh0dHBzJTNBJTJGJTJGd3d3LmViaXoucG9saWNlLm5zdy5nb3YuYXUlMkZtZWRpYSUyRjI0NDI5Lmh0bWwmYWxsPTE%3D
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“I hope he gets it and gets the maximum sentence possible”
ummmmm, that’s assuming guilt. Not exactly a repeat of the media brief!
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I hope whoever is proven guilty of causing Thomas’s death is “a piece of crap” and does deserve “the maximum time possible”.
IF the man police have charged is convicted, then this will apply to him.
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Yes – that’s right but that is not what mumof4′s comment says – it is directed at the man who has been arrested, whom has the benefit of innocence until proven guilty.
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And who wouldn’t want him to get the maximum sentence possible, she is only saying what any human being is feeling. I think you are the one that’s missing the point.
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Mumof4′s comment is clearly directed towards the man that has been arrested, who is actually innocent until proven guilty.
I hope whomever actually is guilty is dealt the sentence they deserve, but you can’t say that it’s not prejudicial to fair trial for people to directing comments like that towards someone who has not yet been convicted.
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I hope anonymous, that the alleged person accused of viciously assaulting innocent people, and the person who killed Thomas, gets the maximum sentence possible, and serves the entire sentence given , IF they get found guilty.
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I’m not making speculative comments at all. watch the news. That was the police statement.
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You said you hope he gets and receives the maximum sentence possible – he hasn’t even been convicted yet!
He could be exonerated. Maybe you should have said: “I hope the person who did it receives the maximum sentence possible” and not automatically assume the guilt of someone who has been arrested and is considered innocent until proven guilty!
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read my comment above. hope that satisfys you and you finally get the point I was trying to make.
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Oh boo hoo. Look what this guys friend did to a camera man outside the court. This is the guy. Stop getting on your high horse and all uppity. There’s no way I’m feeling sorry for this guy. Hope he rots in there.
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Judging by the display outside the court today I highly doubt that the accused or any of his supporters have any morals whatsoever.They need to be made an example of and receive maximum sentences. Otherwise,this will keep happening.
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Just saw on the news that one of the accused’s supporters punched a channel 9 cameraman at the court appearance this morning and knocked him out. Hope he’s ok!
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So well said. As hard as it can be, society must allow the law to take it’s course, or else it loses it’s value. Perhaps people dont know any better, but I dont think ignorance is an excuse in this day and age. But lets call a spade a spade. The media dont always play by the rules – sensationalism, leaking stories, name & shame. You cant pick and choose your ethics depending on the story.
I do want to know “why” this horrbile act was committed. I’m deflated by the continued stories of the irreversible consequences of bad choices in our communties. From violence to drink driving accidents and everything in between. So much is said about living in the present – but many of our thoughtless citizens need to spend alot more time considering the future.
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Surely the “why” part answers itself. There is no logic in killing a total stranger. No matter if it’s the guy they’ve got or someone else, it has to simply be: thuggish behaviour, someone seriously troubled looking for even more trouble by carrying out random acts of violence, and with something wrong emotionally or mentally (or both) with the offender. Sadly, no explanation logical or otherwise can justify this or more importantly undo the loss of Thomas.
The only curiosity I have is whether the offender was into gaming, as many games seem so violent and real these days it’s like a dress rehearsal (for disturbed minds that is).
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No, it doesn’t in my opinion. What I mean is – what is going through someone’s head when they do this kind of thing – I am genuinely interested in knowing. Are they mentally ill, are they merely a sociopath who doen’t care, high on drugs…not that any of these excuse it by any means, but I do wonder the thoughts or lack of thoughts going through someone’s mind. My brother has a brain injury from an attack, and we never had any answers like this, as the person was never caught. What angers me more than almost anything in the world is thoughtless thuggery resulting in irreversible damage or death. Hence my post.
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I agree with this 100%. You shouldn’t demonise people until they’re found guilty.
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I’m happy to demonise one of his ‘supporters’ who knocked a cameraman to the pavement. A head injury outside the court where a hearing took place over the death of a young man following a head injury.
I mean, are they really that thick??????
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A cut and dried assault in a crowded public place in front of the media with mountains of video evidence could possibly be the exception.
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Anna, short answer, yes – absolutely, I think they are that thick! Argh, they and their appalling behaviour annoy me so much! They don’t deserve to be part of our society.
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Completely agree.
Whilst I hope the person accused of murdering Thomas Kelly receives a sentence that is in line with what he has done, publishing photos actually blurs the line for jurors and witnesses. Memory is a funny thing and you can in fact convince yourself that you have seen a red car despite it having actually been blue.
I do hope if he is found guilty that his sentence carries some weight. I’m sick of idiots going out, getting drunk/high, getting into problems and then blaming the fact that they were intoxicated. Where has personal responsibility gone?
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Well said, Chris.
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Chris,
I can’t take anything an ACA reporter says seriously. I am sure you will be showing the killer’s photo inbetween your dodgy fat burning and car salesman stories.
Please don’t try to take a moral highground, when ACA constantly lowers the moral yardstick.
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Surely this article is a reason you should take ACA reporters seriously?
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No, it is not a reason to take ACA reporters seriously. Unless that show has a full-overhaul, there will NEVER be a reason to take them seriously.
Chris’s article was extremely well-written, honest, ethical and compassionate – it was written by Chris himself, separate to ACA.
It’s just extremely hypocritical for one of their team to start preaching about fair trials and rights to anonymity until guilt is proven.
THAT is just laughable – considering their record.
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Totally in agreeance.
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It’s not hard to see why an article by an ACA team member is on this site, I guess. Sunday Telegraph is Mia’s current Sunday column publisher>>>owned by same people who own Channel Nine>>>ACA is a Channel Nine program.
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To clarify, I don’t mean that in a disparaging way, I just know that newspapers and media are often tied to each other by ownership.
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I didn’t know News Limited had anything to do with the Nine Network.
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Channel nine programs have featured ads for tea>>>Mamamia staff drink copious amounts of tea…
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Even before Mia joined them, Tracy Grimshaw often featured in the “inspirational women” etc. photo galleries on Mamamia, much to my disdain.
Any credibility Tracy may have had disappeared when she became the frontperson of ACA, in my opinion.
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I thought the same about Ray Martin going to ACA, but I read his book and he redeemed himself. Now 60 Minutes has pretty much followed the same crappy path as ACA.
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I know, Kris
Seven and Nine have fear-mongering, hate-inciting, dangerous propagation of misinformation and rubbish advertorials as their current affairs programs, and
Ten is airing air heads and trying to pass it off as entertainment.
Thank goodness for ABC and SBS – if only the people who really need to watch their programs were remotely interested.
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No relation.
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What does his reporting for ACA have to do with what his written above?
I find your comment rude and unnecessary.
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It was written fairly prominently under the article he works for ACA, so not a stretch to link the shows standards (or lack of) to the article writers.
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Thats standard though. Mamamia always has a blurb about the writer underneath the article.
I don’t see a reason to insult the writer.
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Grow up! If that’s what you take out of this sensitively written article, you really do need to grow up!
We all feel for Thomas Kelly’s family and we all need to take a step back and allow the law to do its job!
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Let’s all please remember to stay on topic. The topic here is not the validity of Chris’ opinion in regards to his position as a reporter on ACA. The topic is Thomas Kelly and what may happen as a result of sharing the image of his alleged killer. Thanks.
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Aggie, my thoughts precisely.
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Hang on a sec I’ll go get my pitchfork…
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