Bombers, Hird cop belting in court

Bombers players are facing possible doping bans after Essendon and James Hird failed in a court bid to throw out the ASADA/AFL investigation into the club.

Essendon's James Hird arrives at the Federal Court. Picture: Mark Dadswell Source: News Corp Australia

BOMBERS players are staring down the barrel of doping bans after Essendon and James Hird failed in a court bid to throw out the ASADA/AFL investigation into the club.

Justice John Middleton struck down every objection against ASADA and AFL's joint investigation into the Bombers, saying it was conducted within the parameters of the law.

The Bombers were also ordered to pay costs.

CLICK HERE TO READ THE COURT SUMMARY OF TODAY'S VERDICT

Hird and Essendon chairman Paul Little spoke briefly outside court, saying they would consider an appeal.

"I'm very disappointed for the players," Hird said, before refusing to be drawn on his own future.

Former Essendon coach James Hird says he is disappointed for the players following the Bombers' failed court bid against the ASADA/AFL investigation into the club.

The club issued a statement that read: "Before deciding the next steps, we will consider the reasons for the final judgement, including whether or not to appeal this decision.

"In taking these proceedings, our priority has been to protect and vindicate the legal rights and interests of the players.

"The club maintains its confidence that, on all the evidence available to us, neither harmful nor banned substances were given to the players during the supplements program of 2012."

Essendon's James Hird arrives at the Federal Court. Picture: Mark Dadswell Source: News Corp Australia

Controversial sports scientist Stephen Dank was also in attendance at the Federal Court to hear the verdict. He refused to speak to reporters as he left the building afterwards.

The AFL issued a statement acknowledging the court's verdict and saying it "reinforced that ASADA complied with the law in establishing and conducting the investigation and lawfully provided the interim report to the AFL."

The AFL Players Association also issued a statement saying its legal team "will review the judgment in coming days".

Essendon chairman Paul Little says the club is disappointed by the federal court's decision to uphold the ASADA/AFL investigation into the club. The Bombers are yet to decide if they will appeal the decision

Essendon and Hird argued in a three-day hearing in August that ASADA had gone beyond its lawful powers in conducting the joint investigation into the supplement program at Essendon.

"I will order the dismissal of the application by Essendon and Mr Hird," Justice Middleton said.

"The nature and the conduct of the investigation was lawful."

Justice Middleton said even if he had found the investigation was unlawful he would not have set aside the 34 show-cause notices issued to current and former Essendon players for the alleged use of banned peptide Thymoson beta-4.

He said the interim report provided to the AFL on August 2 last year was also lawful and dismissed objections to ASADA and the AFL sharing information, saying they did not breach ASADA's confidentiality laws.

He said Hird and the players voluntarily took part in interviews knowing both ASADA and AFL representatives were in the room.

"It can hardly be said Mr Hird and the Essendon players did not consent to the information being disclosed to all in the interview room," he said.

Justice Middleton said both Hird and the Essendon players voluntarily entered into a contract with the AFL subjecting them to the league's code, which meant relinquishing certain obligations and rights.

"One such right was the right to claim privilege against self-incrimination before the AFL," he said.

"There is no suggestion in these proceedings that Mr Hird or any of the 34 players did not understand the nature of the contractual obligations undertaken or the rights they were giving up, in return for the right or privilege to play or coach AFL football."

Essendon's chairman Paul Little arrives at the Federal Court. Picture: Mark Dadswell Source: News Corp Australia

Justice Middleton said the AFL, not ASADA, subsequently used those compulsory powers in the joint investigation, which was not in breach of the National Anti-Doping Scheme.

"No power of the state had been utilised by ASADA to compel Mr Hird or the 34 players to act in the way they did during the investigation."

Justice Middleton also said the former Labor federal government had pressured the then-ASADA chief executive Aurora Andruska to bring the investigation to a conclusion.

But he said that pressure did not result in any dereliction of duties by ASADA or Ms Andruska.

Essendon players are staring at doping bans after the Bombers and James Hird had their case against ASADA thrown out.

"Ms Andruska was under some pressure from the then-federal government and the AFL to bring the investigation to an end as soon as possible, and to assist the AFL so that the AFL could take disciplinary proceedings against Mr Hird and Essendon prior to the 2013 AFL finals," he said.

"However I do not regard such pressure as giving rise to any dereliction by Ms Andruska in respect of her responsibilities."

He said he did not need to consider or comment on the government's intervention in the investigation for the purpose of his ruling.

Stephen Dank arrives at the Federal Court. Picture: Mark Dadswell Source: News Corp Australia

ASADA CEO Ben McDevitt said the 34 current and former Essendon players still have a case to answer, after being issued with formal allegations of possible anti-doping rule violations three months ago.

"Today's judgment vindicates Mr McDevitt's strong belief that the Act always contemplated ASADA working with sports to uphold clean competition," an ASADA statement said.

"The only way to stay ahead of sophisticated doping regimes is to partner with sports; not exclude them from the process."

The Bombers claimed that ASADA ran the joint probe in order to utilise the league's coercive powers in its interviews with Essendon players and staff.

But ASADA argued that it did nothing wrong and warned it could reissue doping allegations against Essendon players within 24 hours if the court sided with the club.

The AFL ejected Essendon from the 2013 finals series and suspended Hird after finding the club's supplements program had brought the game into disrepute.

CLICK HERE TO READ THE FEDERAL COURT JUDGMENT IN FULL

FOLLOW ALL THE REACTION TO THE VERDICT IN OUR BLOG BELOW

JUSTICE MIDDLETON'S KEY FINDINGS

ON WHETHER ASADA AND THE AFL ACTED ILLEGALLY BY WORKING TOGETHER

ASADA was clearly conducting an investigation into possible anti-doping violations. The AFL was undertaking its own inquiries, obtaining information for itself ... for the purposes of enforcing its own player rules.

The investigation of ASADA, the subject of these proceedings, I have found was for the purpose of investigating anti-doping violations. In addition, as I will indicate, the nature and conduct of the investigation was lawful.

ON WHETHER ASADA BREACHED CONFIDENTIALITY RULES BY PASSING ON DETAILS OF THE INVESTIGATION TO THE AFL

Mr Hird and the 34 players voluntarily and directly gave to the AFL the answers to questions and the information without complaint.

In any event, by actually being in the interview room, knowing that AFL personnel were present, being aware that the player rules were applicable to the interview process, and by responding to each and every question, it can hardly be said that Mr Hird and the Essendon players and personnel did not knowingly consent to any information being disclosed then and there to all in the interview room.

ON WHETHER ASADA'S INTERIM REPORT WAS GIVEN TO THE AFL FOR AN 'IMPROPER PURPOSE'

In my view, the interim report was given to the AFL for both "the purposes of" the continuing ASADA investigation, and "in connection with" the ASADA investigation.

The interim report did not (as was contended by Mr Hird and Essendon) dwell extensively on matters of governance. Its focus was the suspected anti-doping violations by Essendon players and personnel.

The poor governance and management practices at Essendon were related to possible anti-doping violations by Essendon players, to the extent that such violations may have been systemic, or may have occurred because proper governance and management practices were not in place. This seems to have been the very situation that existed at Essendon.

ON FORMER ASADA BOSS AURORA ANDRUSKA

It was submitted by Essendon and Mr Hird that Ms Andruska was non-responsive, evasive and partisan. It was observed, as was the fact, that there were long pauses between the questioning of Ms Andruska and her responses. I do not consider these criticisms, to the extent they impact on her veracity, can be sustained. Ms Andruska was a truthful witness. I would have expected Ms Andruska to be careful in responding to the interrogation made of her on these matters, as indeed she was.

ON PRESSURE ON ASADA FROM THE AFL AND THE FEDERAL GOVERNMENT

I have come to the view that Ms Andruska was under some pressure from the then Federal Government and the AFL to bring the investigation to an end as soon as possible, and to assist the AFL so that the AFL could take disciplinary proceedings against Mr Hird and Essendon prior to the 2013 AFL finals season. However, I do not regard such pressure as giving rise to any dereliction by Ms Andruska in respect of her responsibilities, under the Act or the NAD Scheme.

Originally published as Bombers, Hird cop belting in court

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Where to now for Scotland?

Scotland's First Minister Alex Salmond conceded early Friday that Scotland had voted to stay within the U.K. Photo: Getty Images

AFTER months of tense debate British Prime Minister David Cameron and Scotland's First Minister Alex Salmond finally agree on one thing.

It will be a very long time before Scotland has another chance at becoming an independent country.

"The independence question in Scotland has been 'settled for a generation, or, as Alex Salmond said, perhaps a lifetime.'" Mr Cameron told reporters.

Scots voted 55 per cent to 45 per cent against independence in a vote that saw an unprecedented turnout with 86 per cent voting.

Their decision prevents the 307-year union with England from being cut but will ultimately give it greater freedom than it currently has, particularly around tax and benefits.

British Prime Minister David Cameron says he is delighted Scotland would remain in the UK. Source: Getty Images

Draft laws on the new powers would be published by January.

Mr Cameron said he was "delighted" with the result which had "kept our country together."

"I am delighted. It would have broken my heart to see the UK come to an end."

Mr Cameron, who would have been under pressure to resign if the vote was lost, said the people of Scotland had spoken "and it's been a clear result".

The Prime Minister said devolution commitments made during the campaign promising further powers to Scotland — when a nervous Westminster thought it could lose the vote — would be "honoured in full".

He also signalled changes to the way other parts of the UK were governed, hinting England, Wales and Northern Ireland "should be able to vote" on tax, spending and welfare.

"Just as the people of Scotland will have more power over their affairs, so it follows that the people of England, Wales and Northern Ireland must have a bigger say over theirs."

Scottish First Minister Alex Salmond First Minister Alex Salmond concedes defeat. Source: Getty Images

Leader of the Better Together campaign, Alistair Darling, said the referendum result meant unity had been chosen over division. Source: Getty Images

Earlier, Mr Salmond conceded defeat saying he accepted the verdict of the Scottish people.

"I accept that verdict of the people and I call on all of Scotland to follow suit in accepting the democratic verdict of the people of Scotland."

But while he agreed the independence question was settled for the time being, he did hint that it could return at some point in the future.

"It's important to say that our referendum was an agreed and consented process and Scotland has by a majority decided not, at this stage, to become an independent country," he told a rally in Edinburgh.

Winners...Supporters of a "no" vote celebrate the historic result. Source: Getty Images

Mr Salmond noted 1.54 million had still voted to break away from the UK.

"This has been a triumph for the democratic process and for participation in politics."

He expected the Coalition Government to honour their promises of more giving more power to Scotland.

The man who spearheaded the no campaign, former Chancellor of the Exchequer Alistair Darling, said unity had been chosen over division.

"Today is a momentous day for Scotland and the United Kingdom as a whole."

Pro-Independence supporters in Edinburgh, Scotland, are devastated they didn't win. Source: AFP

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What you should know about vote of a lifetime

Scotland's First Minister Alex Salmond has billed the vote as a once in a lifetime chance. Pic: AP. Source: AP

Unicorns, whisky and redheads. Things that make Scotland awesome

Independence movements around the world have gained renewed momentum as Scotland rethinks its position in the United Kingdom.

IT'S been billed as the vote of a lifetime - which is actually living up to expectations.

The polls have opened and just under 4.3 million Scots are giving their answer to a simple question: Should Scotland be an independent country?

RUNNING HOT: Emotions high before independence vote

The one-off referendum is the culmination of years of campaigning and could change the world map in more ways than one.

In case you've been living at the bottom of Loch Ness, here's what you need to know:

GREAT SCOT! Things you never knew Scotland invented

WHY NOW? Today's vote is the culmination of a lengthy campaign spearheaded by Scottish National Party leader and Scotland's First Minister Alex Salmond who has been a passionate supporter of independence.

Do the ayes have it? Scots will take to the polls today. Source: AFP

BIZARRE AND HILARIOUS OMENS PREDICTING SCOTTISH VOTE

The date of the one-time binding referendum was decided in March last year and comes after 16 weeks of campaigning from the Yes Scotland camp against Better Together who have both made their case to the public. It will take place under strict oversight from the Electoral Commission with a result expected sometime tomorrow evening Australain time.

WHO GETS TO VOTE? The vote is open to any British or Commonweatlh citizen living in Scotland that has leave to remain in the country. The key difference for this referendum is that people can vote at age 16 rather than 18.

Controversially, the estimated one million Scots living outside Scotland won't get a say. The tight race means it's estimated 97 per cent of the population, or just under 4.3 million people will turn out.

Polls are too close to call and the referendum is expected to have record turn out. Picture: Getty. Source: Getty Images

WHEN DOES IT ALL KICK OFF? Polling booths open at 7am in Scotland which is 4pm AEST. They close at 10pm local time, or 7am Friday morning AEST, with counting to begin immediately.

WHAT ARE THE ARGUMENTS? Both sides have a strong case for and against independence with complex arguments either way. However much of the narrative around the vote has revolved around a "head versus heart" situation. Does the goal of freedom outweigh the economic uncertainty of going it alone?

Unionists in Glasgow on the final day of campaigning. Picture: Getty. Source: Getty Images

The 'Yes' camp argue Scotland will be much better off without politicians in Westminster lording it over them, providing greater autonomy to decide on things like their healthcare system, VAT (the UK version of GST), welfare payments and defence policy. It also argues they will be richer due to large oil reserves in the North Sea that will come under Scottish control.

However 'Better Together' thinks the UK is one big family that Scotland should stay part of and claims the country will be worse off without payments from Westminster and access to UK markets. They've also said in the past Scotland will have to find their own currency and may not be granted automatic access to the EU, which could make life very difficult for Scottish businesses.

Freedom, money and oil have all been centre state in the debate. Source: AFP

WHAT HAPPENS AFTER THE VOTE? If it's a no then Scotland will continue as normal with devolved powers for the Scottish parliament at Holyrood and greater powers to the UK parliament in Westminster.

If the answer is yes then it that will trigger the 'starting gun' on a series of complex negotiations to extricate Scotland from the UK. This involves working out terms of everything from currency to welfare payments, NATO membership and where to keep Britain's nuclear missiles which are currently stored in Scotland. If all goes according to plan, the country would become independent in 18 months.

David Cameron has pledged greater autonomy for Scotland but begged them not to leave. Source: AFP

The prospect of a yes vote has led to financial market jitters this week which has weakend the pound as it is a great unknown. There is even talk it could lead to Prime Minister David Cameron's resignation as well as give inspiration to other separatists movements like those in Spain, Italy and Bosnia.

MORE: The vote that could change the world

It could also change the Union Jack permanently as this is a compositie of three flags although it won't change the Scots having Queen Elizabeth II as head of state.

HAS IT BEEN DONE BEFORE? Countries have been created by referendum before, the most recent example in Europe is Montenegro in 2006.

YEAH BUT WILL IT REALLY HAPPEN? The latest polls show independence would be rejected, 52 per cent to 48 per cent, while another poll shows the gap even closer at 51 per cent against to 49 per cent in favour. Undecided voters could make the difference on the day.

The close polling seems to have caught English politicians unawares, with Conservative leader David Cameron, Labour leader Ed Milliband and Liberal Democrat leader Nick Clegg all travelling to Scotland at the last minute to plead their case. They've also signed a document called "The Vow" pledging more autonomy for Scotland should they stay part of the union.

Cuckoo's Bakery has been holding a poll which shows the No has it. Source: Getty Images

The vote could mean a change to the Union Jack. Source: AFP

WHAT DO OTHER LEADERS THINK? Prime Minister Tony Abbott has spoken out in favour of the union, as has former US President Bill Clinton, while other officials have been treading a fine line between interference and making their preference for union clear.

Overnight President Obama also pleaded for Britain to remain "robust and united", joining people like David Beckham and Sir Bob Geldolf who have campaigned in favour of Better Together. Sir David Attenborough, Dame Judi Dench and Simon Cowell have also urged Scotland to stay.

Meanwhile other proud Scots have nailed their colours to the flag, with Sean Connery and actor Alan Cummings urging people to vote for independence.

Billy Connolly and Annie Lennox opted to stay silent while others still have turned to inane objects for prophetic signs.

Check back here tomorrow for updates on the vote or follow on Twitter under #indyref. For detailed analysis from the Scottish government check out their website here.

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British papers plead with Scotland

It's "D-Day" for the UK, says the Times of London. Source: Supplied

Thousands of Scots have taken to the streets for last minute campaigning ahead of today's independence vote.

IT'S deadline day for the UK and its newspapers are delivering what could be their parting words to a united territory.

The front pages reflect strong emotions, as Scotland heads to the polls to vote Yes or No to independence.

MORE: Emotions mount on polling day

Every publication has a different take on the momentous occasion.

The Daily Record quotes Robert Burns. Source: Supplied

The union flag stripped of the St Andrew's Cross. Source: Supplied

The Independent's front page celebrates a "carnival of democracy". Source: Supplied

The Times plays it straight. Source: Supplied

The i says this one day will decide the future. Source: Supplied

"Scotland decides," declares the headline on The Times (Scottish edition), referring to "nerves and excitement as the big day dawns".

The Guardian points out that the map of Britain could be redrawn, calling it a "Day of Destiny", with a picture that shows Scotland in green with the rest of the UK a faded blue.

The Independent has a silhouetted hand holding the flags of both Scotland and the UK, invoking a theme of unity, along with the headline, "The 307-year itch".

Others openly call for a No vote, with the Daily Mirror showing a bare-looking Union flag without Scotland's Saint Andrew's Cross and writing, "Don't leave us this way."

The Daily Mail calls for a "secure future" as one. Source: Supplied

The Herald calls it a "day of reckoning". Source: Supplied

Will the map of Britain be redrawn today? Source: Supplied

Scotland's Metro refuses to "pontificate". Source: Supplied

Freesheet Metro quotes Auld Lang Syne. Source: Supplied

The Daily Express (Scottish edition) has gone for an image of two men with the Union flag and St Andrew's cross held up at dusk, with the words "Don't let the sun go down on our union".

The Daily Telegraph (UK) uses the same image with no headline, simply a quote from poet Robert Burns that begins, "Be Britain still to Britain true."

The Scottish Daily Mail uses a picture of flags tied together, and calls on Scotland to "secure our union".

The Sun's regular edition combines the story with one about Prince Harry's reunion with ex-girlfriend Cressida, with the words "Better together".

Is it sunset for Great Britain? Source: Supplied

"Be Britain", says the UK's Daily Telegraph. Source: Supplied

The polls say it's neck and neck, the bookies say No. Source: Supplied

The Sun thinks it's "better together". Source: Supplied

The Scottish Sun starts a fresh sheet. Source: Supplied

But The Scottish Sun is more ambivalent, its front page showing hands ready to write in a white space and the words, "Yes or No. Today Scotland starts with a blank page."

Despite its editorial neutrality, the paper has replaced its usual scantily-clad Page 3 girl with a double-page ad for the Yes campaign yesterday, with No ads appearing much further back, on pages 20 and 30.

Freesheet Metro hasquoted popular folk song Auld Lang Syne in its English edition, with the headline asking, "Should auld acquaintance be forgot?" But its Scottish edition remains firmly on the fence, simply urging everyone to vote, "instead of pontificating on the rights and wrong of independence"..

Scottish newspaper The Herald calls it "Scotland's day of reckoning".

Another Scottish paper, the Daily Record, simply advises, "Choose well Scotland", promising that whatever the result, "two things are certain: Change will come to the country ... and tomorrow we'll still all be Scots together".

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The end of the great Aussie BBQ?

Paying for the privilege? Aussies are increasingly being asked to pay if they want to host a BBQ at the local park. Source: News Limited

THE weather is heating up, and for many of us this is the season of endless summer barbecues, lazy picnics and kid's birthdays celebrated under a tree in the local park.

But open space has become a valuable resource, particularly in inner city areas where many homes do not have backyards.

In particular, parks have become popular spots for children's parties because many families do not have enough room at home and the trend away from church weddings has also seen them in demand for outdoor ceremonies.

To manage the competing interests and maintenance of these areas, councils are moving towards increased regulation and a user-pays model.

While some support this, others say a person's credit limit should not determine whether they can access a park for a birthday party.

Outdoor weddings have become increasingly popular. Source: News Limited

The City of Melbourne already requires groups of more than 50 people to apply for a permit and this month Brisbane City Council is also looking at doing the same.

Brisbane City, which manages more than 2000 parks, wants groups of more than 50 people to register for a permit to use open space. Those who don't register could face fines of up to $5500.

For gatherings that request "exclusive use" of the area, the council may also charge a $300 fee and require 20 days notice. This includes people hosting weddings, markets, busking, abseiling, kit surfing or orienteering.

Large groups just wanting to have a barbecue will probably not have to pay but it's unclear why council wants them to register for a permit.

When asked what council was hoping to achieve by this requirement, it responded: "people ... will not have to aply for a permit unless they trigger the criteria".

The restrictions for those wanting to use natural areas such as bushlands, wetlands, waterways and habitat corridors will be even more strict, with groups of more than 20 people required to get a permit in these areas.

The proposal has prompted widely varied responses with some complaining they should not have to pay to use a public space, while others see nothing wrong with it.

CONSULTATION: On the changes to Brisbane's Public Land and Council Assets Law has been extended to October 10. Click here for more information.

Got a large family? You may have to pay. Source: News Limited

Brisbane City Council's parks and environment chairman Matthew Bourke said more people were using the council's open spaces and parks and this was putting pressure on them.

"We're balancing some of the uses with the community expectations by providing a framework for people to use," Cr Bourke said.

"If people are using the space appropriately and they're not causing damage or impacting other park users it will be fine."

But Labor councillor Shayne Sutton held the opposite view.

"Parks are public spaces. With more and more people moving into the city, council should not be charging large amounts of money for people to hire parks."

Small gatherings are OK. Photo by Jeremy Piper Source: News Corp Australia

Cr Sutton said the size of someone's credit limit should not determine whether they could access a park for a birthday party.

Independent councillor Nicole Johnston also criticised the move for adding unnecessary red tape.

Their views are echoed in those expressed on Facebook:

Christine Fisher: "Its ridiculous! There are many large families and there is no reason why they shouldn't use a public park and shouldn't have to pay to use it! It doesn't restrict other people from using the park. There shouldn't be a fee, that's pathetic."

Lisa Cruse: "We have parties at parks cause we can't afford to pay for venues or our houses are too small to accommodate lots of children. I really hope this does not go through. How many struggling parents can afford $300."

Tammy Evans: "Nothing new, most council parks have been doing that for years, but many have not been chasing up on it. I personally don't see a problem. People are sectioning off a part of public property for private use. They should pay a fee for it. If you book a function room do you get that for free? The answer is no. Why should it be free to close of public areas for private use?"

Lynn Grady: "It's a public park! If people want a mass gathering hire a hall."

Centennial Park is one of the most popular places for a picnic in Sydney and there is no charge unless you want to book a specific site. Source: News Corp Australia

Those who have to pay will get guaranteed access to the booked sites in Brisbane but this is not the case in Melbourne, with a "first-come, first-served" system still in place.

The City of Melbourne already requires groups of more than 50 people to apply for a permit and a council spokeswoman told news.com.au: "The purpose of the 50 people limit is to effectively manage crowds in public spaces and protect the parks from damage", not to reserve the space.

"A permit ensures that no-one else can book that site, but members of the public can't be excluded from the site as it is still a public space," the spokeswoman said.

The council website also points to the damage that increased use of parks is causing.

"Over the past decade, the pressure of drought conditions and the increasing trend in outdoor events has created a situation where trees, shrubs and grasses are under immense pressure," the website says.

"Soil compaction and the inability to water has resulted in serious degradation of living assets."

Melbourne charges an application fee for "low impact" groups of $52.20 and a site fee ranging between $395-$485.

In contrast, the City of Sydney, does not charge any fees for informal use of its parks.

However, it does allow people to reserve specific areas for a fee, such as the rotunda at Observatory Hill, which can be booked for wedding ceremonies.

Prices range from $335 for three hours at a pocket park, to $670 for an event in an iconic park and this guarantees the group exclusive use of the site.

"An informal group of people is allowed to use any park for recreation without seeking approval from council," the spokeswoman said.

What do you think? Should large groups be charged for using public spaces? Comment below.

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Brit back in Thai murder probe

Investigators are looking for clues to the violent deaths of two British tourists on the popular diving island of Koh Tao. The WSJ's Deborah Kan has more. Video: AP

Horrific crime ... Thai workers carry the bodies of the two tourists. Source: AFP

SUSPICION for the brutal slaying of two British backpackers on the Thai holiday island of Koh Tao has swung back around onto an unnamed British man following initial forensic tests of the victim's bodies in Bangkok last night.

Hannah Witheridge, 23, and David Miller, 24, who only met on the island in the days leading up to their deaths, were found semi-naked and brutally slain behind rocks on Koh Tao's main beach Sai Ree, early on Monday morning.

Police suspect that Ms Witheridge, from Great Yarmouth in Norfolk, may have also have been raped.

A bloodied hoe was discovered 35 metres from the murder scene.

"Really, [the] killer is maybe an English guy," police Colonel Prachum Ruangthong, superintendent of the Koh Pha Ngan police district that included Koh Tao, said in a text this morning.

In a brief follow up phone call, the police chief said that fragments of hair belonging to a foreigner had been found in the hand of Hannah Westridge.

He did not explain how the police knew that the hair was from a foreigner, and from the potential killer, rather than from Mr Miller or one of Ms Witheridge's other companions.

Since the bodies were discovered on a rocky beach questions have arisen about the competence of the police.

The police said on Tuesday that they had DNA samples from two Englishmen who they had interviewed and named as only Christopher and Tom. The two were believed to have been travelling with Mr Miller.

It is the third time in three days that the focus of the investigation, which was initially on one of Mr Miller's companions, has shifted.

Idyllic ... Koh Tao is a small island in the Gulf of Thailand, and is primarily known as a destination for scuba diving. Source: Supplied

On Tuesday the police said that there two main suspects were Burmese men, one captured on CCTV footage and one a local guitar player.

Yet police had also said on Tuesday that they were convinced that it was crime of jealously, passion or anger due to the extent of the injures to Ms Westridge and lack of any other motives, including robbery.

Yet on Tuesday night, Col. Prachum said the police had "almost 100%" cleared "Christopher" and "Tom".

The pair were hacked to death with a garden hoe typically used by beachside bars to dig holes for fires on the main beach of Sai Ree.

Mr Miller appeared to have been killed with a single blow to the back of the head as the couple were embracing but Mr Westridge's face had been horribly injured according to people who saw pictures of the victims.

Locals expat business people who asked not to be named due to the sensitivity of the investigation in the small community — Koh Tao only has about 5,000 residents — said blame often fell on Burmese workers, but the consensus was that it was a crime of passion.

Dozens more police arrived on the island, including the chief of the Surat Thani province.

Yesterday, Thailand's Prime Minister has questioned the conduct of the two victims.

Prayut Chan-O-Cha appeared to call into question the victims' conduct in addition to the perpetrators of the attack.

"We have to look into the behaviour of the other party too because this kind of incident should not happen to anybody and it has affected our image," he told reporters on Tuesday, referring to the two tourists.

BLUDGEONED TO DEATH: Backpackers killed on Thai beach

Final moments ... this CCTV image shows David Miller and Hannah Witheridge walking to the beach before they were killed, police say. Source: Supplied

Three male Myanmar migrant workers were held for questioning but ruled out of the probe later on Tuesday, southern regional police commander Panya Maman told AFP.

"They were very far from the scene ... it was probably not them," he said, adding DNA samples had been collected from the men.

He did not give details of any further leads as the manhunt on the small, normally tranquil island stretched into a second day without an arrest.

Earlier Tuesday, local television showed Thai authorities searching several shacks belonging to Myanmar migrants on Koh Tao. Their mobile phones were seized.

Migrants from Myanmar and Cambodia are frequently accused of committing crimes in the kingdom, where they make up a vast, poorly-paid and low-status workforce.

Prime suspect ... this person, believed to be a migrant worker, was spotted near the crime scene. Source: Supplied

Authorities on Tuesday released CCTV images captured near the crime scene, which appeared to show the victims walking hand-in-hand towards the beach before they were attacked.

The UK media also reported police were seeking a British man who was thought to have been travelling with Mr Miller in connection with the killings.

David Miller was a victim. Picture: Facebook Source: Supplied

Hannah Witheridge was a victim. Picture: Facebook Source: Supplied

Family remembers David Miller

The family of Mr Miller have described the young man as "hardworking, bright and conscientious".

He had left Jersey on July 18 to undertake a six-week work placement as part of a scholarship at a mining company in Australia before travelling on to Thailand for a break with a close friend.

In a statement released through the British Foreign Office, his family said: "David was an artist by temperament, so talented. He had a creative eye that he carried with him through life and in his degree.

"He was hardworking, bright and conscientious, with everything to look forward to."

Mr Miller finished studying civil and structural engineering at Leeds University in June, where he was on course to achieve a first-class degree.

He had been due to leave Thailand on Tuesday, and was looking forward to spending more time travelling in South East Asia before returning home to complete his masters degree.

Being transported ... the bodies of the victims are due to arrive in Bangkok later on Tuesday for forensic tests. Source: AFP

Reaction in Thailand

Police earlier said the pair had been seen partying at a local bar just hours before they died.

Thai coup leader and prime minister General Prauth Chen-ocha admitted that the tragedy had dealt another blow to Thailand's already battered tourist industry which has seen numbers fall by 11 per cent for the first seven months of the compared to the same period last year, a huge reversal on 2013's 20 per cent surge in visitor numbers.

It was recently discussed in a cabinet meeting of the military government which seized power in a coup in May.

"This should not have happened in Thailand," Gen. Prayuth said.

"It will affect our image in the eyes of foreign countries."

Grim task ... the nearly naked bodies of the victims were discovered early on Monday morning. Source: AP

What happened

The murdered pair had arrived on the island on Friday, September 12, with separate groups of friends, after attending the full moon party on the nearby island of Koh Phangan on September 9.

They checked into the budget Ocean View Bungalows, near the island's main beach Sai Ree, where their bodies were found about 6.30am on September 15.

Ms Witheridge was reportedly on a short holiday having taken a break from her studies, while Mr Miller was travelling across Asia and Australia before heading to Thailand.

According to posts on Facebook and Twitter, Ms Witheridge had recently graduated in education studies from the University of East Anglia and begun a languages Masters degree at the University of Essex.

On the night they were killed, they went out with each other to a local club and about midnight

they left for a stroll on the beach.

Police have identified a topless, shorts wearing man of Asian complexion in the same vicinity as the murdered couple whom they described as looking " suspicious".

Accommodation ... the Ocean View hotel in Koh Tao, Thailand, where the murdered UK tourists were believed to have been staying separately. Source: Supplied

Koh Tao

Koh Tao is perhaps the least developed tourist island in the centre of the Gulf of Thailand.

It is more remote and smaller than the famous nearby "full moon" party island of Koh Phangan.

It has become a favourite of Western divers and backpackers from other bigger nearby islands like Phangan and the even larger Koh Samui, but in the past two decades, like much of Thailand, it has become more commercial.

Koh Tao is popular as one regular UK visitor characterised as a "gap year" spot as well

as a location that people who travelled to Thailand in their youth sought out for a more "authentic" experience.

The island has ramped up jungle raves in remote areas of the island and each evening the main beach of Sai Ree is populated by dozens of partygoers drinking Thailand's famous "booze buckets" and dancing until dawn on the beachfront.

Popular ... the island of Koh Tao in Thailand is popular with tourists because of its pristine beaches, water activities and parties. Source: News Limited

Old style, low-tech wooden bungalows have been replaced by more modern and well-appointed accommodation to attract a more affluent crowd, however the island still remains a destination for those seeking to experience Thai islands "the way they used to be."

Diving is a key attraction of the island and the local community have been very aware that they need to ensure that the influx of tourists does not spoil the location in the same way that swathes of Koh Phangan have become something akin to a 24-hour nightclub.

Horrible death ... Hannah Witheridge (on the left), with a friend, has been named as one of the two UK tourists found murdered in Thailand. Picture: Facebook Source: Supplied

Koh Tao notorious for young deaths

The string of islands of which Koh Tao is part, is fast becoming notorious for the deaths of young people — usually drink and drug related.

The following warning has been long posted on the British Embassy website.

"There have been sexual assaults against foreign men and women, especially in the Koh Samui archipelago and Krabi province. Tourists have also been robbed after bringing visitors to their hotel rooms," the site reads.

"In some cases their drinks were drugged. Be careful about taking drinks from strangers and at clubs and parties, particularly in Koh Samui, Pattaya and at the Full Moon party on Koh Phangan, where date rapes have been reported.

Last month Welsh backpacker Jack "Jay" Davies took his own life after late night party on the Thai island of Koh Phi Phi and last weekend the body of a Dutch tourist washed up on the island of Phuket with an apparent deadly blow to the head inflicted by a speedboat or something more sinister, police said,

Tourist attraction ... Full Moon parties happen frequently across Thailand's tourist areas. This one was on the party island of Koh Pha Ngan. Source: Supplied

"Alcohol and drugs can lead to you being less alert, less in control and less aware of your environment.

"If you drink, know your limit. Drinks served in bars overseas are often stronger than those in the UK. Some British nationals have suffered severe psychiatric problems because of drug use, resulting in some suicides."

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Hog-tied, smeared with Vegemite and raped

A young sailor on board the HMAS Newcastle was allegedly raped in 2011. Source: News Limited

A YOUNG sailor was allegedly hogtied, smeared with Vegemite and Deep Heat and anally raped with a rubber chicken.

The victim, who cannot be named, was allegedly subject to a "last night at sea ritual", in August 2011 on board the HMAS Newcastle, off the coast of Western Australia.

Four Australian sailors faced court martial in Sydney today over the alleged incident, although there is evidence other sailors were also present.

Able seamen Rohan Angre, Mitchell Summers, Michael Thompson and Jonathan Walter are accused of holding the man down, smearing him with the Vegemite and the liniment Deep Heat before assaulting him with the object.

It is alleged after sexually assaulting the man with what was believed to be a rubber chicken, Able Seaman Thompson tried to push the object into the man's mouth.

"It was at this point he was released for the time being," Prosecuting officer Lieutenant Colonel David Jordan said in Sydney's General Court Martial on Tuesday.

"He was lifted by his arms and legs to the shower station ... He'll tell you his eyes were watering," he said.

"I anticipate he will tell you he saw AB Walter, Angre and Thompson."

The court martial heard he was then placed on his knees and doused with a dark liquid that caused his eyes to blister.

He was then doused with water and left at the bottom of the shower, with burns from the Deep Heat on his neck, shoulders and genitalia.

He washed and cleaned himself to go on watch later that night. The four men face six charges between them, including indecent and sexual assault.

Able seaman Angre has already pleaded guilty to assault occasioning bodily harm, for pouring an unidentified liquid over the alleged victim's head, which caused him to suffer burns to his skin and eyes.

The court martial continues.

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Margaret and David’s best bust-ups

Movie critics Margaret Pomeranz and David Stratton of 'At The Movies' chat about their long working relationship at the 2011 Happiness and its Causes conference. Courtesy: happinessanditscauses.com.au

Zero stars ... David Stratton refused to give Russell Crowe's breakout film, Romper Stomper, a rating. Picture: Supplied Source: Supplied

AT the Movies' hosts Margaret Pomeranz and David Stratton didn't always see eye-to-eye.

Here are five of their most famous disagreements.

MARGARET AND DAVID: Why we are signing off

Dancer in the Dark — Lars von Trier

Difference of opinion ... Bjork in Dancer in the Dark. Picture: Supplied Source: News Corp Australia

Margaret: Five stars

"I know Lars von Trier is viewed with suspicion by many people and the announcement of his winning the Palme d`Or for this was greeted with boos, but for me his greatness as a filmmaker lies in his daring, his willingness to risk, to push the boundaries of cinema.

"As for Bjork, who won best actress in Cannes and at the European film awards recently, she's extraordinary — she's real, she's a heroine, a saint, a child in many ways but never less than totally convincing and ultimately terribly moving."

David: Zero stars

"Where to begin? Lars Von Trier continues to celebrate his cult of cinematic ugliness with this visually hideous film with its nausea-inducing hand-held, video-tinged wide-screen photography and its all-over-the-place editing. The ridiculous story would be laughed off the screen if it turned up in a Hollywood film. The dance numbers are embarrassing, the songs banal.

"Most of the actors look awkward and embarrassed. Bjork may be a singer (I can't see it myself), but she's certainly no actress."

Romper Stomper — Geoffrey Wright

Falling out ... David and Margaret vehemently disagreed over this one. Picture: Supplied Source: Supplied

Margaret: Five stars

"David and I had a big falling out over Romper Stomper," Pomeranz once told a journalist. "He thought it was racist and I couldn't see it. It caused some grief between us because I think he felt that I should have stood up for him, but I really thought it was such a good film."

David: Zero stars.

David Stratton refused to rate Russell Crowe's breakthrough film about an ultraviolet gang of Neo-Nazi skinheads because he felt it tolerated racial violence. Though he did dismiss it in Variety as "A Clockwork Orange without the intellect".

Sex and the City 2 — Michael Patrick King

Gender specific ... (from left) Kim Cattrall, Sarah Jessica Parker, Cynthia Nixon and Kristin Davis. Picture: Supplied Source: Supplied

Margaret: Three stars

"It may be easy to dismiss it as a merely superficial experience: it's all about the clothes, the shoes, the designer life, and of course that's part of it. But it's also about the lives of these women that we've shared for twelve years now and how their friendship is an organic and steadfast thing. There are a couple of moments in this film that are really lovely, there are a lot that are really naff, and there's a jacket I'd kill for."

David: Half a star

" Really, the dialogue is so bad, the women are so uninteresting ... it's also offensive in so many ways: offensive to Muslims — there was so many awful, awful things about it."

Team America: World Police — Trey Parker

Poles apart ... Puppets do their stuff in Trey Parker and Matt Stone's Iraq war spoof Team America. Picture: Supplied. Source: News Limited

Margaret: Four stars

"The film is scatological in the extreme, nothing is sacred or outside the insult range. And it is hilarious. It's in such bad taste. Once you start laughing you don't stop."

David: One star

"This film makes 'South Park' look like a model of maturity and sophistication. I was really disgusted by this film."

The Bourne Ultimatum — Paul Greengrass

Migraine inducing ... Matt Damon in The Bourne Ultimatum. Picture: Supplied Source: News Limited

Margaret: Four stars

"(Greengrass's) skilful use of handheld cameras and rapid fire editing help make this a truly visceral experience. Matt Damon has made this character his own, even though he's working within a fairly limited emotional range. Fans of the series won't be disappointed."

David: Two stars

"As you know, I don't like Paul Greengrass's style as a director at all. He uses handheld all the way through. Even the most still conversation between two people ... looks like it's been shot by someone with a hangover. I'm sure a lot of people will find it thrilling. Me, I just wanted to get headache, seasickness tablets. It just drives me crazy."

The ABC posted a video message on YouTube from the pair today after the announcement was made about their show ending.

The ABC announced that one of the longest and most enduring partnerships on Australian television will come to an end when the pair record the final episode on December 9.

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Oscar’s ex: ‘It could have been me’

On A Current Affair, the real Oscar Pistorius. Our exclusive interview with the woman who dodged the blade runner.

Scared ... Samantha Taylor, the former girlfriend of Oscar Pistorius, says his erratic and violent behaviour made her fear for her safety. Source: Supplied

THE ex-girlfriend of Oscar Pistorius has told how the Olympian made her fear for her safety with his possessive and threatening behaviour.

In an interview to be aired tonight on Nine's A Current Affair, Samantha Taylor, 20, tells of her 18-month relationship with the convicted killer and says "it could have been me".

Ms Taylor revealed details of her volatile relationship with the Blade Runner, describing his expression during one rage-fuelled incident as "pretty evil".

"It was like, 'I really hate you right now'," she said.

THE VERDICT: Oscar Pistorius guilty of culpable homicide

BOOK OUTRAGE: Olympian plans to write about shooting

She said the athlete was a heavy drinker who bit her and locked her up in his house while he went out.

Shocking ... a police image shows Oscar Pistorius standing in his house in Pretoria after shooting his girlfriend Reeva Steenkamp. Picture: AFP Source: AFP

According to London's Telegraph, Ms Taylor first met Pistorius at a rugby match in 2010, when she was 16 and he was 23. A year later they began a relationship.

Their union lasted for 18 months before he broke up with her — she believes he left her for Ms Steenkamp.

Before the verdict, Ms Taylor told talk show Good Morning Britain how Pistorius kept a gun "by his bedside or on the floor next to his legs".

She claims she hid his gun from him on one occasion as he had too much to drink.

Pretty evil ... Samantha Taylor says Oscar Pistorius subjected her to physical and mental abuse. Source: Supplied

"I didn't fear for my life in the sense that I thought he was going to hurt me, but I knew that there was a possibility having a gun around that it might go off," she said. "That's why I hid it."

Tragic beauty ... Reeva Steenkamp was shot dead on Valentine's Day 2013. Pistorius maintains he did not know she was in the bathroom. Source: Supplied

The disgraced Paralympian was found guilty in Pretoria last week of the culpable homicide — the South African equivalent to manslaughter — of Reeva Steenkamp on Valentine's Day 2013.

He is currently out on bail until his sentencing hearing begins on October 13.

Scared ... Samantha Taylor says she hid Oscar Pistourius's gun. Source: Supplied

In handing down the verdict last Friday, Judge Thokozile Masipa said the Blade Runner could not be convicted of Ms Steenkamp's murder, partly because "the accused did not entertain a genuine belief that it was not an intruder in the toilet."

Pistorius has always maintained he believed there was an intruder and he fired the shots in fear of his life — and did not believe Steenkamp was in the bathroom.

A Current Affair airs tonight on Channel Nine at 6.30pm AEST.

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Girl killed in horrific car crash

A TEENAGER has died and several others have been injured after a 4WD crashed into a chemist in Kogarah this morning.

The aftermath of today's crash Source: DailyTelegraph

A SCHOOLGIRL was killed in Sydney's south this morning when she was hit by an out-of-control car while waiting at a bus stop.

The freak accident claimed the life of the teenager at Kogarah and injured others when a 4WD crashed into a chemist.

She was a student of nearby Kogarah High. The location is the exact same place a similar fatality occurred in 2007.

Police said the girl was pinned under the vehicle and died at the scene.

The impact of the 4WD was so great debris littered the road and the vehicle was lodged in the shopfront of the O'Reilly & Daly Chemist on the corner of Mongomery St and Railway Pde, just after 11.30am.

Dramatic pictures show it almost completely inside the shop after smashing through the windows and knocking over shelving.

NSW Ambulance transported two others to St George Hospital who were reported to be seriously injured.

They were a female in her 40s who worked at the chemist, and a man in his 60s, who was a customer and had to be freed by firefighters from underneath the vehicle.

The 4WD lodged in the chemist window. Picture: Facebook Source: News Corp Australia

Emergency workers at the scene. Picture: Twitter Source: Twitter

Police at the front of the chemist shop. Picture: Twitter Source: Twitter

The accident happened directly across from Kogarah railway station and there were many people around.

A fourth person was treated at the scene for less serious injuries.

Superintendent Dave Donohue said with so many people around it "could easily have been worse".

The female driver of the 4WD was taken to hospital for shock and will undergo mandatory blood and urine testing.

Police are investigating if speed was a factor in the crash.

There were two small children in the car with the woman.

At least two people were trapped under the car and had to be freed by fire fighters. A 10-tonne winch was used to lift the car away from the cabinet and the man was taken to hospital, NSW F&R superintendent Tom Cooper said.

The 4WD has been lifted onto a truck and will be taken away from the scene the scene.

Car Crashed into a chemist on Railway Parade. Source: News Corp Australia

A witness told 2GB radio: "It's a fairly open area, there are no barriers even on the road outside on the footpath, it looks like the car has lost control and just slammed into the chemist."

Elizabeth Issa saw the crash from across the road.

"I saw a car come through and hit the bus sign and through inside the chemist. There were about four or five people waiting for the bus," she said.

The crash site was the scene of another fatal accident in 2007 when fashion student Emma Hansen, 20, died and 11 others were injured when a learner-driver crashed into a queue of people waiting for a bus on Railway Parade.

Locals have already taken to social media this afternoon to express their shock at the death and question why a barrier wasn't erected after the 2007 incident.

The chemist is near a bend on Railway Parade in Kogarah. Source: Supplied

Black spot.... The shops where today's crash occurred. Source: Supplied

Originally published as Girl killed in horrific car crash

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