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Sat, May 25 2013
Knife edge
Photo: Georgi Kozhouharov
After the Sofia Court of Appeal confirmed the 20-year jail sentence for Jock Palfreeman, the Australian earlier found guilty of the 2007 murder of Andrei Monov, Palfreeman's family and supporters vowed to pursue the case a further step to Bulgaria’s highest appeal court – and if losing in that court, to approach the European Court of Human Rights.
The Sofia Court of Appeal’s ruling on February 21, which also confirmed the order for Palfreeman to pay damages of 400 000 leva to the Monov family, as well as court costs, followed dissatisfaction by both sides.
The family of the murdered man held that the punishment meted out to Palfreeman for stabbing Monov to death was too lenient, and they wanted it increased to life imprisonment. They were supported in this by Anton Zahariev, who was injured in the same incident, and his family. Palfreeman has been ordered to pay 50 000 leva compensation to Zahariev.
The Palfreeman camp insist that he had acted to intervene when a large group of youths were attacking two Roma men. Palfreeman has said that he took out the knife as a deterrent, in an act of self-defence and has no memory of using it. His supporters include those who describe the incident as an "anti-racist" act and seek to portray Sofia as infested with skinhead neo-Nazis.
Those backing Palfreeman say that vital evidence, such as security camera recordings, has gone missing and they say that some witnesses have deliberately changed their evidence since proceedings began.
Australian media reports quoted Palfreeman’s father Simon as saying of the Sofia Court of Appeal ruling, "it is just incredible that they can issue verdicts which are so contrary to the evidence without making any attempt to explain how they can just ignore very clear evidence that Jock got caught up in the middle of a very nasty gang attack and was obviously acting in self-defence".
The court of appeal upheld the earlier court’s finding rejecting Jock Palfreeman’s allegation that he had acted only after being assaulted with rocks and pieces of paving, finding that events had been the other way around. The court found that Palfreeman’s claims about his injuries were not supported by records of a medical examination of him after the incident.
The court said that Jock Palfreeman had been "ready to attack anyone who stood in his way" and better work by prosecutors could have made it possible for him to be charged with the attempted murder of other members of the group.
Prosecutors had argued that Palfreeman’s military training, including in knife-fighting, gave him an advantage in the incident.
Palfreeman’s family said that they would take the matter to the Supreme Court of Cassation. This court may overturn the verdict and sentence if it is presented with new evidence or if it is persuaded that there have been serious procedural irregularities in earlier stages of the court process.
The family has complained that the Supreme Court of Appeal "ignored" evidence produced by their side at hearings in the Sofia Court of Appeal.
Krassimir Kanev of the Bulgarian Helsinki Committee has backed the family, saying that the court was incorrect to find that the killing was deliberate.
The Sofia Court of Appeal’s ruling on February 21, which also confirmed the order for Palfreeman to pay damages of 400 000 leva to the Monov family, as well as court costs, followed dissatisfaction by both sides.
The family of the murdered man held that the punishment meted out to Palfreeman for stabbing Monov to death was too lenient, and they wanted it increased to life imprisonment. They were supported in this by Anton Zahariev, who was injured in the same incident, and his family. Palfreeman has been ordered to pay 50 000 leva compensation to Zahariev.
The Palfreeman camp insist that he had acted to intervene when a large group of youths were attacking two Roma men. Palfreeman has said that he took out the knife as a deterrent, in an act of self-defence and has no memory of using it. His supporters include those who describe the incident as an "anti-racist" act and seek to portray Sofia as infested with skinhead neo-Nazis.
Those backing Palfreeman say that vital evidence, such as security camera recordings, has gone missing and they say that some witnesses have deliberately changed their evidence since proceedings began.
Australian media reports quoted Palfreeman’s father Simon as saying of the Sofia Court of Appeal ruling, "it is just incredible that they can issue verdicts which are so contrary to the evidence without making any attempt to explain how they can just ignore very clear evidence that Jock got caught up in the middle of a very nasty gang attack and was obviously acting in self-defence".
The court of appeal upheld the earlier court’s finding rejecting Jock Palfreeman’s allegation that he had acted only after being assaulted with rocks and pieces of paving, finding that events had been the other way around. The court found that Palfreeman’s claims about his injuries were not supported by records of a medical examination of him after the incident.
The court said that Jock Palfreeman had been "ready to attack anyone who stood in his way" and better work by prosecutors could have made it possible for him to be charged with the attempted murder of other members of the group.
Prosecutors had argued that Palfreeman’s military training, including in knife-fighting, gave him an advantage in the incident.
Palfreeman’s family said that they would take the matter to the Supreme Court of Cassation. This court may overturn the verdict and sentence if it is presented with new evidence or if it is persuaded that there have been serious procedural irregularities in earlier stages of the court process.
The family has complained that the Supreme Court of Appeal "ignored" evidence produced by their side at hearings in the Sofia Court of Appeal.
Krassimir Kanev of the Bulgarian Helsinki Committee has backed the family, saying that the court was incorrect to find that the killing was deliberate.
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I keep reading how Palfreeman received knife training in the Army - i served 22 years & never received any such training. The closest we came to a knife was the order to fix bayonets. Seems Jock has some previous experience as can be found by doind an internet search of his name.
All the facts need to be presented at the European court of appeals.
No court in Bulgaria will overturn the first verdict. There are injustices in the court systems all over the world. Therefore, I see no reason to focus on this.
I do not know why Jock was in the'wrong' place at the 'wrong time
and armed with a knife. Given that, I do not believe he had any reason to seek out a young Bulgarian and murder him in cold blood unless he is psychotic which is not the case. I believe [...]
Read the full comment that he will be acquitted based on the facts I have read on the case.
I think there was a foul play in the case, who knows if the dead Bulgarian was really stabbed by the Australian. Bulgaria judicial system has no good reputation, even innocent Bulgarians are in jail, otherwise gang leaders in Lovech, Pleven and other cities in Bulgaria should have been captured and jailed. This guy happen to be in a wrong place at the wrong time.
It's very clear - Jock was acting in self defense and everyone can imagine what could happen to ONE man vs a bunch of Sofia gangs.
I was in Sofia for a visit last year. I got nearly kidnapped by a taxi driver - after I paid him legally 50 AUD for 10 km (official rate) and he realised I am a Bulgarian living in Australia, he came back while I was still on the street and started playing the scenario that I HAVE STOLEN his mobile. Pulling me to his car. Another "gang" came and [...]
Read the full comment pretending he wanted to help me, he wanted to call for me another taxi (so I will be taken away and maybe bashed to death and taken off my baggage etc, money)... And all this in in a broad light day in the very centre of Sofia. I screamed for Police and everyone was just watching. Instead the taxi driver to call the police he was pulling my bags and wanted to search me. In this moment someone took a photo of me and I end up in the national newspaper telling the story that the issue was about "I was trapped in a expensive taxi" and something about the "war between the taxi firms in Sofia".... NOT even a word about the truth.
The bystander who wanted to "help" asked me of I am originally from the Black Sea coast of Varna (he was staying nearby and maybe overheard when police was checking my details on the radio ...) Maybe he even heard my details - as address etc... Few days after I came back home to Australia, my mother was attacked by a dog on the street walked by "someone" and appeared to be as an "accident"... for the gangs mafia maybe hoping that I will show up to help my mother.... IN this place there, one can expect all kind of scenarios - gangs there are very creative to lurk, pretend, and attack - abuse people.
I can imagine what could happen to Jock at night, if the above happened to me during the day. I am sure he would be the one to be bashed to death.
And one last thing - how many "mutri" (organised criminals) in Bulgaria walk free for many deliberate murders they have committed?! How many years got some of them for even harsher acts.
Jock's act was a desperate self defense. He did not look for the trouble - instead tried to save someone being bashed, as most of Aussies will do when someone is in trouble. Bulgarian judges have no idea what Aussies are.
My wallet was found in a Sydney pub with all credit cards, money etc.... later returned at home - my doorway. If it's in Bulgaria - for sure consider it gone... yet SORRY, but Bulgarian ROMA people come to Australia to pickpocket locals but on channel 7 they showed few Bulgarian Roma women and many other scenes from crimes who perpetrators were not Bulgarian but local Sydney gangs of different ethnic origins.
The move to appeal in European court is the right one. IN the end truth must prevail - if Jock is not as guilty as portrayed, he should come back to Australia as a free man. And all this case. It's common sense - when anyone is surrounded by a mob of hooligans it can pull out a knife or anything else to defend himself.
It's just bad luck Jock witnessed the bashing and wanted to help - that's all.
The injustice continues.
is all the evidence out in the open?
If that was a mutra that had knifed the boy he would have been found not guilty I'm sure.
I doubt if he will ever make it out that place, I hear that place is a hell, poor boy.
Paul may have to join a Roma prison gang, if they'll take him.. A lot of knife crime in prisons..