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Coroner Sara Hinchey J 31-12-2017


Coroners Court of Victoria
65 Kavanagh Street, Southbank, VIC 3006
5 Phone: 1300 309 519 Calling from overseas: (+61 3) 8688 0700
Fax: 1300 546 989
General enquires (including submissions of all Forms): courtadmin@coronerscourt.vic.gov.au
Coronial Admissions and Enquires Office: cae@coronerscourt.vic.gov.au

10 Ref: 20171231-G. H. Schorel-Hlavka O.W.B. Re SUBMISSION to Coroner Sara Hinchey J-Supplement 22

Madam,
further to my 13 February 2017 submission and Supplement 1 and Supplement 2 of 13-4-2017, Supplement
3+COMPLAINT of 14-4-2017, Supplement 4+COMPLAINT of 16-4-2017, Supplement 5+COMPLAINTof 15-
15 4-2017, Supplement 6 of 23-4-2017, Supplement 7 of 24-4-2017, Supplement 8 of 25-4-2017, Supplement 9 of 1-5-
2017, Supplement 10 of 6-5-2017, Supplement 11 of 19-5-2017, Supplement 12 of 21-5-2017, Supplement 13 of 25-
5-2017, Supplement 14 of 28-5-2017, Supplement 15 of 10-6-2017, Supplement 16 of 26-6-2017, Supplement 17 of
12-7-2017, Supplement 18 of 22-11-2017, Supplement 19 of 14-12-2017, Supplement 20 of 21-12-2017,
Supplement 21 of 28-12-2017, I hold it appropriate to provide this Supplement 22 of 31-12-2017.
20
My supplement submission ‘20171228-G. H. Schorel-Hlavka O.W.B. Re SUBMISSION to
Coroner Sara Hinchey J-Supplement 21’ was according to my email record forwarded to you
at 16.28on 28 December 2017 (and then published on the Internet also) and SUBSEQUENTLY
on Friday 29 December 2017 the Herald Sun published an article ‘MAKE THEM FACE
25 COURT’ page 04 News where journalists Aneeka Simonis and Monique Hore refer to former
premier Jeff Kennett has demanded Victoria scrap Victoria laws under which people can avoid
standing trail for criminal offences because they are mentally unwell.
As such, since my publication there appears to be support for the notion that criminals are too
much seeking to avoid being held legally responsible by claiming say temporary insanity, etc.
30 .
In my view, there are people who are declared mentally insane, and if they do commit serious
crimes well beyond their capability to understand then a minimum of 25 years placement into a
mental facility ought to be possible. However, we need to junk the psychologist/psychiatrist
claimed temporary insanity where anyone who does a bit of reading can pretend to be temporary
35 insane regardless that the person was very sane to contemplate some evil act. People who in
contemplation to commit evil acts over time prepare for it to do so are in my view
misusing/abusing the mentally insane excuse. If there was a minimum 25 year term (but can be
extended to the rest of the life of the accused) for a accused to be in a mental facility then likely
many accused may avoid seeking a please of temporary insanity. While I recognise lawyers
40 representing an accused may desire to use the legal system to try to get their client off any
charges, reality is they by misusing the temporary insanity claim are part of the problem. Jeff
Kennett himself on 29 December 2017 at page 31 OPINION also set out the matters further why
he hold that this mental issue is being misused, etc.
While the function of the coroner is not to dictate any Government how to conduct matters and
45 neither Parliament how to legislate the coroner however I view needs to consider all relevant
issues and where there are issues the Coroner views there can be improvements made then the
coroner is well entitled to make recommendations, including how the death of one or more
persons could be avoided or the risk being reduced, etc.
Page 1 31-12-2017 © G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
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We had that Premier Daniel Andrews was opposed to Euthanasia until his own father passed
away and then low and behold he changed and well we ended up with legislation facilitating
Euthanasia to be acceptable in law.
Yet with the BOURKE STREET MALL incident that started at Flinders Street Station (corner
5 Flinders and Swanston Streets) on 20 January 2017 and now the recent incident at Flinders Street
station that I understand resulted in the untimely death of one of the victims, somehow this is
different as premier Daniel Andrews appears not to be intending to secure this intersection.

Flinders Street attack victim Antonios Crocaris, 83, dies in hospital - ABC
www.abc.net.au/news/2017-12-30/flinders-street-attack-victim-dies-in.../9293858
10 1 hour ago - Police are expected to upgrade an attempted murder charge to murder after a
Northcote man dies in hospital, becoming the first fatality of the Flinders Street attack.

Northcote man Antonios Crocaris dies in hospital after Flinders St


www.theage.com.au › News › Victoria News
3 hours ago - The car allegedly driven by Saeed Noori in Flinders Street last week. Photo: JOE
15 CASTRO. It is believed another man – a South Korean in his 60s – remains in a critical condition
and is one of four other victims who remain in hospital. The South Korean man is believed to be
from the same family as another ...

QUOTE
20 No bollards for site of Melbourne attack
People

 Jim <jim.sovereign@optusnet.com.au>

 Today at 18:58 (29-12-2017)

25 To

 Gerrit Schorel-Hlavka

Message body

Gerrit,

30 It appears the “wise” politicians on Spring Street are ignoring your rational advice on the installation of
automated bollards and continue to use awkward, unwieldy and unnecessary concrete bollards. Automated
computer controlled bollards could be used at any major intersection including Flinders and Elizabeth streets,
but Premier Andrews in his infinite stupidity doesn’t seem to know that.

Jim

35 No bollards for site of Melbourne attack

Extra bollards will close off major parts of Melbourne's CBD on New Year's Eve, but not the Flinders
Street intersection where a car mowed down pedestrians.

news.com.au

Australian Associated Press

40 December 29, 2017

Page 2 31-12-2017 © G. H. Schorel-Hlavka O.W.B.


INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
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It's not possible to use bollards at the major Melbourne intersection where a car recently mowed down
pedestrians, authorities say.

As the state government announced the shutdown of several city streets ahead of New Year's Eve festivities,
it was confirmed extra concrete bollards are not viable where Flinders and Elizabeth streets meet.

5 "Because if you did, well it would not be the intersection that we know it to be, the trams could simply not
run," Premier Daniel Andrews told reporters on Friday.

Eighteen pedestrians were mowed down when a car swung out from traffic on Flinders Street and drove
down a tram way at the Elizabeth Street intersection on December 21.

Saeed Noori, 32, an Afghan refugee and Australian citizen with known mental health and drug problems, has
10 been charged with 18 counts of attempted murder.

On Friday, six people remained in hospital, including two in a critical condition.

http://www.news.com.au/national/breaking-news/no-bollards-for-site-of-melbourne-attack/news-
story/ac4e5868199a9fa15bfead0a72715486

END QUOTE
15
Again, it is not for the Coroner to dictate a government and/or the parliament what to do but it
certainly is appropriate for the Coroner to make recommendations that may deal with the
vulnerability of pedestrians, and how to reduce this.
20 My view is that victim Mr Antonios Crocaris regardless of his age of 83 was entitled to live his
life with his family and friends and no one had the right to cause him to be a victim and ending
up to be killed. It is and should not be relevant to the coroner of any recommendations the
Coroner might make were to become a political issue in the 2018 State election because that is
for the politicians to sort out between themselves. The Coroner has a duty to ensure that any
25 recommendations are regardless of what the political atmosphere might be are appropriate in the
circumstances.
It might be very well that the coroner may have to decide to delay the inquest into the 20 January
2017 Bourke Street Mall incident with that to be held in conjunction with the recent Flinders
30 Street Station death of Mr Antonios Crocaris incident. While this may cause an unpleasant
delay in the joint inquest, it might however be deemed better. In the latest incident clearly a
bollard caused the rampage to end. One can consider the horrific further injuries to other possible
victims had the bollard not been there to stop the vehicle.
35 We are well accustomed to have concrete barrier along freeways that generally separate opposing
flow of moving vehicles. While concrete barriers would be obviously unsuitable to have in a
traffic event at a crossing, the use of electronically operated bollards as to how the flow of traffic
is regulated by traffic light might be an issue to consider.
40 Alternatively a solution might be to excavate the road way so that motor vehicles are say from
east to west along Flinders Street travelling in under a via duct and those travelling from
Swanston Street Bridge are travelling either to turn left before the viaduct and to turn right over
the viaduct. The tramrail itself could be elevated on a mono rail as like the Dutch did in
Rotterdam more than 60 years ago that is called METRO. The benefit would be that the METRO
45 as like the Dutch then had could travel ever say 10 minutes without being delayed whatsoever by
any motor vehicle.
If for example the city tram was to be made to travel around the city on a mono rail this could
also alleviated a lot of current delay problems.
Page 3 31-12-2017 © G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, by fax
0011-61-3-94577209 or E-mail admin@inspector-rikati.com
Page 4
Turning all CBD (Central business district) streets into one way streets might also reduce
congestion problems. After all Little Flinders Street, Little Collin Street, Little Bourke Street,
Little Latrobe Street for example are one way streets and as such altering others to one way
streets may in the overall be much better. While Kings Street bridge travellers may have to travel
5 then northwards over Flinders Street to Spencer Street it is however possible to change this. By
this traffic flow can be better regulated and dangerous intersection can be better controlled. This
then would fall in with having only traffic flow from East to west via Flinders Street. It would
mean no need for traffic from Swanston Street Bridge to turn right because this would not be
facilitated. Obviously there will be complications to redesign the road way this as the current
10 Flinders Street Station underpass with its shops may be in the way for a change of traffic design
to move under a viaduct. However the moment this were to be implemented any danger of motor
vehicles running into pedestrians is considerably eliminated other then any left tuning vehicle
from Swanston street Bridge, and that can be controlled with automatic controlled bollards.
It would also then allow pedestrians to move from various sides across the viaduct other than
15 being controlled by left turning vehicles. It means that if pedestrians could access Flinders street
station say via a underpass from Federation Square to Flinders Street Station then it virtually
eliminate any risk to pedestrians. Indeed, the traffic flow turning left from Swanston Street
bridge could continue without interruption as pedestrians would have no need to cross over at
that location as they can use the newly created underpass to and from Federation Square. I
20 understand currently there are plans to alter Federation Square and so why not incorporate a
under pass for this? If trams in Bourke Street Mall also were to move under a viaduct where
pedestrians can walk freely without any danger to be hit by a tram, then this also eliminate the
dangers to pedestrians there and while automatic bollards may still be needed to allow at times
the Mall is virtually clear of pedestrians to have vehicles entering to deliver goods and for
25 maintenance, the current dangers will be mainly eliminated.
When I grew up in Rotterdam, The Netherlands, I was well aware of tunnels in roads where
through traffic travelled IN OPEN TUNNELS (only at viaducts was there a cover) and other
local traffic were at ordinary street level. We are faced that a lot of traffic traveling from the
north of Melbourne is forced to travel through narrow CDB streets to travel to the south of the
30 city. It is an absurd situation and should have been addressed long ago that traffic say from
Tullamarine Freeway, Flemington Road, etc, desiring to travel say to Elwood and beyond then
can travel through a tunnel without the need to go through countless intersections and held up at
countless traffic lights. It would bring Melbourne traffic in that regard up to the 20th century.
With it less traffic in the CBD, and by this more manageable to law enforcement authorities and
35 less danger to pedestrians in the overall. In particular one way flow will allow it to be more
manageable for pedestrian’s safety. It may also speed up the traffic flow where it has less
problems standing for traffic light to allow pedestrians to cross. As with Southern Cross Station
the same or similar approach can be implemented to seek to achieve safer conditions for
pedestrians.
40 If all political parties/politicians were to use this above set out as their working plan to
commence on 1 January 2018 then by the time the Coroner might hand down
recommendations much of it can already have been implemented. Time will tell!
A copy of this Submission Supplement 22 will be published on my blog at
www.scribd.com/inspectorrikati.
45
This part submission is not intended and neither must be perceived to set out all issues.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL ®

(Our name is our motto!)


Page 4 31-12-2017 © G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, by fax
0011-61-3-94577209 or E-mail admin@inspector-rikati.com

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