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Tonight - a clerical error

give s Janine Balding's

murderers a chance at

freedom. I think it's

appalling. Police get more time

to quiz Dr Mohammed Haneef.

X-ray vision - the new terror

test at domestic airports. And

crowning gloringly - Roger

Federer joins Wimbledon's

exclusive set. It mean s even

more to me equal ing Bjorn as

well. Good evening. Juanita

Phillips with ABC News. It was

just a tiny clerical error but

it could have big repercussions

for the NSW justice system. A

missing staple means that two

of the State's most notorious

killers now have a shot at

freedom. Their files had been

stamped never to be released

after the shocking rape and

murder of Janine Balding in the

'80s but some of the documents

hadn't been stapled foth and

incredibly that's enough for

the murdererers to appeal

against their life sentences.

The legal loop hole has stunned

the State Government. They lost

their daughter 19 years ago but

constant court appeals continue

to haunt the parent of Janine

Balding. It is very tiring,

very distress ing and as far as

I'm concerning annoying. It it

affect s me more than me. It

push it aside. In 1988, Janine

Balding was abducted from a

railway station. She was gang

raped and drowned in a shallow

dam. Now, two of the convicted

- Matthew Elliott and another

man - have won the right to

seek leave the the High Court

to appeal against their life

sentence s all because of a

simple clerical error. As far

as having another appeal over

this, I think it's absolutely

ludicrous. Today the acting

Premier phoned to console the parents. I keenly feel the

distress felt by Mrs Balding

and her family. Lawyers for the

defendants claim the case was

never loesed because bureaucrats failed to attach

the formal charge papers to the

court files. Because of a miss

ing staple that whole system is

being unpicked. The error has

left the Supreme Court

scrambling: I'm advised a full

review of every single criminal

file in the Supreme Court is

centrely being carried out to

avoid any repeat of this

issue. The Supreme Court is

also considering a change to

the rules covering its record

keeping. None of that, though,

will prevent the elect from

hearing the two men's

challenges against their life

sentences. The State Government

is confident that Utz truth in

sentencing law will hold but

the Opposition is not so

sure. The file s are dynamite.

If you don't look after them

properly. The appeal will be

heard in September. Federal

Police have been given more

time to detain Gold Coast

doctor Mohammed Haneef. A

Brisbane magistrate has tonight

allowed them an extra 48 hours

to hold the Indian national as

they seek evidence of any link

with the British bomb plot.

More from Greg Jennett. Locked

up for almost eight disand

still no charge. Mohammed

Haneef tonight remains in

Brisbane's police watchhouse

after the police application

for an extra five days

detention was adjourned until

Wednesday. His lawyer wasn't

there after visit ing his

client last night Peter Russo

moved on to Townsville. His

public complaint about police

secrecy has paid off. They've

now given him a case outshrine

line of the case. It's given us

an overview of their

concern. At Dr Haneef's

Southport home, police have

been looking back through list

of former tenants. People with

name s start ing with Mohammed. So there have been

other ten ya>> here? Yes but

he's been long gone . He's been

told hold over possible

connection with the Glasgow and

London bomb not plots. He has

waited in the watchhouse as the

police have gathered their

evidence. He is a patient man

with a lot of questions. He is

not at present charged with any

offence. He may not be charged

with any offence. I do not know

and I suspect at this stage the

Federal Police do not know. A

week are on from the British

security scare, terrorism is

firmly back on the domestic

political agenda aided by

warnings of possible attacks

close to home. The latest

travel advice for Indonesia

tells of a very high threat of

attack. There is sufficiently

firm intelligence to justify it

being upgraded. But the

department has not juche graded

the overall level of advice to

travellers. Sometimes we just

come and take the risk. I am

not taking it very seriously. I

don't think there's any cause

to really. The warning urges

people to consider leaving, if

they fear for their safety.

From next month, every piece

of baggage that's checked in on

a domestic flight will have to

be X-rayed. It's another step

up 2 n the fight against terror

and officials say if you're

flying between the major cities

there shouldn't be too much inconvenience. Today, ABC News

was give European Union behind

the scenes access at

Australia's busiest airport.

This will become a familiar

site at 11 domestic airports

across the country as mandatory

screening comes into effect on

August 1. Prior to trialing

their new system, Sydney

Airport screened one in five

bags. Now, all passengers must

have their luggage thoroughly

assessed. High-tech X-ray

machines have been deployed to

detect ex ploesivings, metals

and other suspicious objects: I

think people will be content

service. To comply with we're providing this

Commonwealth regulations,

Sydney airport used part of its

valet parking to house 1.2km of

conveyer belts.Ant 60 bags are

screened every minute. They're

analysed by specially trained

officers in a control room. Any

suspect luggage is diverted

away for further checks. I's

about a $38 million project and

it flowed straight on from the

international terminal. The

airport says the extra security

will only add three minutes to

check-in times. What it adds to

price ticket s remains to be

scene seen. There are concerns

about what impact the new

system will have on regional

airports. At the smaller

airports where you have a small

passenger base to recover those

costs could have the potential

of adding $20 to $30 per

ticket. Australia's 26 regional

airports are required to boost screening by the end of the

year. An army pilot says the

Black Hawk helicopter which

crashed off Fiji last November

was flying too fast. The

captain told a defence inquiry

she was with the same

helicopter pilot on an exercise

the night before and he had

landed too quickly then

too. The co pilot known as

captain 8 saw the Black Hawk

crash on to HMAS 'Kanimbla',

kill ing Mark bingly and Mark

porter. Cap pain 8 was taken

off the crew list and she saw

the helicopter come. "I think

he was too fast fast she said."

And there. That biened with

high wind, the angle at which

it bank and a load of

passengers led led to the

crash. Cap pain 8 agreed

Captain bingly was a

perfectionist and everyone

wanted to fly with him. He was

safe and competent but he has

also caused main rotor droop

when he landed with her on t

previous night. And then

Captain 7 made it sound as if

the approach was common place

among Black Hawk pilots.

Captain 7 said he had

experienced rotor droop under

captain bingly before but he

agree ed it was a sign of a

mishandled approach and should

be avoid. What both co pilots agrees, though, in different

terms was a senior pilot had

warned them all to take it

easy, be more careful in

landing on the ship in a way

they had not trained for. A

woman has faced court charged

with stabbing her father and

sister to death and seriously

wounding her mother. The

charges follow attacks at the

family home in Sydney's

south-west last Thursday. The

25-year-old is facing two

charges of murder and one of

in-flighting grievous bodily

harm with intent to murder. The

case has been adjourned until

later this week. The Dianne

Brimble inquest is expected to

hear secretly recorded phone conversations between some of

the men of interest. Mrs

Brimble's family returned to

Sydney today for another three

weeks of hearings. Four of the

eight men named as persons of

interest are yet to receive at

the inquest. The coroner was

told that police recorded the

men discussing Mrs Brimble ice

conduct on board the ship and

what they should say in court.

Mrs Brimble died on a P & O

cruise liner five years ago

from an overdose of the date

rape drug, fantasy. Indigenous

groups in the Northern

Territory are threaten ing a

High Court challenge to the

Prime Minister's takeover of

remote communities. The Labor

Government there is also vowing

to fight the plan, along with a

decision to scrap the permit system for Aboriginal

land. Rallying around the flag,

it was at the national launch

of NAIDOC sell intraaetions in

Darwin that Aboriginal organisations and the Northern

Territory Government attacked

the Commonwealth's takeover

plans. We do not support the

removal of permits across the

Territory and we will not support that and Aboriginal

Territorians do not. And we

will not support what is a very

halfway measure and that's

five-year lens leases of our

community. One of the

Territory's most powerful

Northern Land Council, warns indigenous organisations, the

there will be a legal challenge

to the Federal Government's

plans to seize control of

communities for five years and

scrap the permit system Should

the Commonwealth's intervention

with compulsory acquisition

take place there's every

indication we will end up in

the High Court. John Howard's

plans to tackle child abuse in

Territory communities has

dominated the 50th anniversary

of NAIDOC Week celebrations, a

week after soldiers and

government officials descended on central Australian

community, emotions are still

running high and both sides of

politics are on notice. For too

long they have taken for granted the Australian Labor

Party the votes of Aboriginal

Australians. Well, I think you

might see a different tune, Mr

Rudd. The next phase of the

Howard plan start s this week

with the arrival of health

teams in Alice Springs. They

will head to remote communities

tomorrow to start health checks

of Aboriginal crirn. -

children. It's like something

coming into my town and setting

up a ten and say I am here to

check your health. The

Aboriginal affairs Minister

says it's crucial to getting

better, healthier environments

for the children living in

those communities. Australian

troops in Afghanistan have come

under fire, but the Defence Department says there have been

no casualties. The soldiers

were working with the

reconstruction taskforce in

Oruzgan when they were attacked

with a rocket propelled grenade

and small arms fire. The work

was probably of Taliban

extremists. Brendan Nelson has

met his Chinese

counter-Parliament for talk s

on Beijing's military build-up.

The Australian Government's

dwent against up date these

China's instability has cause

for concern. The Australian

Defence Minister's arrive al at the People's Liberation Army

Headquarters was met with great

fan fare. He was there to to

meet his Chinese counterpart,

Cao Gang Chuan and on the

parade ground all seemed well.

But if Beijing Government want

to know about Australia's

intentions with regard of a defence pact wean the United

States, Japan, Australia and

India but excludeing China. Why

the pact? For example? What is

going on? What does Australia

stand for in terms of this

rumoured four 46 country pact -

four-country pact? All these

things I think Australia has a

lot of explanation to

do. Behind closed door, the two Ministers met and Brendan

Nelson says he reassured China

there will be no four-party

defence group s surrounding

it. I have ex plained the

nature of and basis of our tri

lateral strategic bile og with

Japan and the United States but

I have also reassured China

that so -called quadrilateral

dialogue with India is not

something that we are

pursuing. Last week, the

Australian Government's defence

update document said China's

recent military expansion could

create instability in the

region. The Chinese Government

said this was an exaggeration

but Brendan Nelson said he

heard none of this today. No.

There certainly wasn't any

suggestion of that at

all. Behind all the pomp and

ceremony of today's events

there's a fair bit of tension

between Australia and China.

The countries may va rock solid

relationship when it comes to

trade but on the question of

defence there's a lot of

mistrust. Tonight Brendan

Nelson will dine with PLA

generals, do a fair bit of

explaining and he might have

questions himself about China's

military intentions. In

Pakistan, the authorities are

still trying to negotiate the

release of women and children

caught up in a siege in a

mosque. The Government has

accused rad ical Islamists of

holding the children against

their will in a school attach

odd the Red Mosque. 21 people

have been killed so far, and

there are fears of many more

casualties if the militants

ignore an ultimatum to

surrender . A 3-year-old

British girl has been freed un

hurt four days after being kid

napped outside her home in any

jeera. Margaret Hill has been

reunited with her parents who

said she was in good health but

covered in mosquito bites. Her

father, mieg el, said no ransom

had been paid. She was

released due to the pressure

put on to people by the

security services of

Nigeria. Negotiations are still

under way to free an Australian

oil worker, Jason Lane, and

four other foreigners taken

hostage by a different group

last week. You're watching ABC

News. Tonight's top story - all

Supreme Court criminal files

are being reviewed obecause of

a clerical error that's allowed

two killer s to lodge appeals.

Still to dom - the Socceroos

Houdini act in Asia. It was

40 years ago that the historian

Geoffrey Blainey coined the

term tyranny of distance and it

seems that little has changed

despite advances in technology.

Australia's economy is still

disadvantaged because of our distance from other world

markets. Historian Geoffrey

Blainey spoke of the challenges

caused by Australia's isolation

in his 1966 book 'The Tyranny

of Distance'. A new report by

the centre for economic

development of Australia says

it's still a problem. Some people say that distance is

dead but the report points out

that while we're gaining

because we're closer to the

other side of the world other

countries might be gaining even

more than we are. Despite the

advantages created by lower

transport costs and the

Internet, Australia's actually

becoming less internationally

competitive. The report says

the Government and the private

sector must invest in

infrastructure such as faster

broadband and transport

corridors to address the

problem. We're always going to

be some distance from European and north American markets and

that is something we can

overcome by investing in human

capital and in infrastructure

and improving thedom

pettiveness of our

exporters. Manufacturing firm

Bluescope Steel says that can

mean moving operations to

cheaper places like China or

becoming part of a global

supply chain. More important

than distance is the small,

local Australian market. So if

you want to grow large by world

terms you need to access

markets outside Australia. And

some economists believe

Australia's location has more

advantages than drawbacks. Wing

e're talking more about the

power proximity now been the

tyranny of distance because of

the rise of China, India and

the rest of Asia. The report

says maintaining the current

level of skilled mai grans to

Australia will improve its

global competitiveness. The

Sydney harbour tunnel is now

completely cashless and it's

first peak hour test came and

went with only a few teething

problems. The RTA says some

drivers still seemed confuse

tabts changes but most made the

crossing without incident. The

lanes lead ing bo the tunnel

will be adjusted to improve

traffic flows. There was a rush

on E-tag sales yesterday and

there was no serious build-up

of cars on the Cahill

expressway wanting to use the

cash lanes. We had teething

problems but the people of

Sydney have got the message and

got an E-tag. The RTA says the

cashless tunnel is another step

to the E-tag only network and

the the city. BHP Billiton

surged to another high today,

taking the share market along

with it. Here is Alan

Kohler. It's the BHP show at

the moment. Today, the All Ords

index went up 46 points of

which 18 points was due to BHP

Billiton. It jumped 3.4% today

and has now gone up 37% in six

weeks while the All Ordinaries

index has struggled up 2.5%.

Other resourced follow s in

BHP's wake - Rio Tinto up 1.3%,

worlly parsons 6% and Zinifex

5.5%. And the banks didn't miss

out either. Wesfarmers shares

moved back above where they

need to be to ensure the

takeover of Coles goes hi bed

but it 50's bit close for

comfort of Coles sharehold

sores its share price only went

up 3 cents. This is one of the

reasons BHP shares are perform

so el well at the moment - the

oil price is going up. The

Tapis crude price went above

$78 US a barrel for the third

in time in history today. Here

is a graph of the Tapis crude

oil price and I think we can

safely conclude that for a

while at least the days of $60

a barrel oil are behind us and

the price is now solidly above

$70, heading for $80. So

although the petrol price has

fallen for five weeks in a row,

it will now start going up today vr again. Today's

economic news was job

advertisements. ANZ bank's

total count declined after two

big months and the Australian

dollar continue s to edge

towards 86 US cents although it

did go above 1206 yen for the

first time since early 1991.

That's finance. The brother of

Larry Knight, the miner who

died in last week's

Beaconsfield mine collapse said

if he hadn't have been killed

in the rock fall, he wouldn't

have survived the recovery. His

body was removed by a remote

controlled loader. His brother

said he has never been told

officially how his brother's

body was found. He said there were still questions about

whether Larry Knight died

instantly or as a result of the

rescue effort. His injuries

were conclusive with a rock

fall. Well, being picked up by

an 18-tonne loader your

injuries in the bokket with

five tonne of dirt would also

be conclusive with the amount

of rock falling on you. If

Larry had survived the fall, as

did the other boys, he certain

ly wouldn't have survived the

recovery anyway. An independent

inquiry into the Beaconsfield

rock familiar winds up this

week. Kane Cleal says he

doesn't blame Ben Ross for the

high tackle which has endsed

his season. Cleal's jaw was

shattered during yesterday's

match. He had surgery this

morning and won't play for the

rest of the year I don't think

he went in to break my jaw, it

50's tough game and everyone

gets injured. It was un lucky

that time it happened. Ross has

charged with a reckless high

tabling and faces up to five

tweention sidelines. Roger

Federer walked on to centre

court in a sielish cream suit

and he left with a mantle of

Wimbledon greatness. . In the

process he has matched Bjorn

Borg's record of five scetive

titles. More now from Peter

Wilkins. Wimbledon need add

class act to rise above this

year's gloom and the best

current rivalry in sport


brilliant. The reigning maestro majestically. This's

found his expertise mamped by a

young aggressor, whose level

rices each match. The first set

tie breaker needed 16 points.

But there was no comfort zone

for Federer. Nadal's power and

the rub of the green on a

service call and the

Spaniards's pants trigger add

6-4 second set win. Both

players made the difficult look

easy, and the outcome was

always in the balance. Under

pressure, Federer produced and

outmanoeuvred his way to

another tie break win in the

third set. But his pleasure was

short livered again as Nadal

broke away in the fourth set

and tested his fortune

repeatedly, much to the Swiss

star's Chagrin. How in the

world was that ball in? Federer's technology about

the rm looked a chance of

derailing his hopes of

repeating Bjorn Borg's five

time feat. Memories of an old

rivalry were rekindle as the

new one intensified at 2 sets

all. But somehow Federer rally

ed from irritation and being

down 15-40 twice on serve in

the fifth set before a point of

pure brilliance. The vital

break unleashed the freedom for

Federer to express himself and

on his second match point he

did so for the fifth

consecutive time. To play a

champion lycra Fay el in the

finals of course means even

more to me e, equalling Bjorn

as well. It's Federer's 11th

grand slam title and next year

he might find an even tougher

opponent as he attempts to

break the record he now shares.

The Socceroos can thank

goalkeeperer Mark Schwarzer

from saving them from an

embarrassing first game

loss. Oman opened the scoring

in 30 mpts but he kept the

pretournament favourites in the

the contest with several high class safes in the second

half. I knew that as long as I

could keep it down to 1-0 as

much as possible and as long as

possible there was every chance

for us to get back in the game

br. The humid ity stifled the

Socceroos attack until penal

till. Cahill has done it. It's

Germany all over again. I have

to commend the players on their

character. Lesser teams

wouldn't have come back. The

Socceroos' next match is

against Iraq on Friday. This

was an un expected moment of

triumph for Robbie McEwen. The

Australian was caught up in a

pile-up and crashed with just

23km to go in the opening stage

of the Tour de France. But

somehow McEwen fought his way

back to challenge for the

lead. Robbie McEwen, the man

from nowhere, welcome home. I

can't believe I've won because

the moment I crashed I thought

that's that. It was McEwen's

12th stage victory on the

tour. A number of mistakes cost

British driver Lewis Hamilton a

chance of a fairy tale finish

at his home Grand Prix.

Hamilton's McLaren started from

pole and led for 19 laps but he

lost valuable time during pit stops. Ferrari's Kimi Raikkonen

won the race, Hamilton's third

ing helped him retain the lead

in the driver's championship.

Not only did Stuart Appleby

surrender the chance of another

US PGA title after leading by

two, he had to watch Korean KJ

Choi shoot a two under 68 for a

three-shot win, including this

trophy sealing birdie at the

17th. It's Choi's second win in

five weeks. The wide blue

yonder looks set to become the

next green zone. The Boeing

company has promised a more

environmentally friendly flying

future with its launch of the

787. It's called the Dreamliner, and the company

says it will be the most fuel

efficient jet in the world.

It's made mostly of composite

materials, not metal. More than

600 planes are on order from 50

airline, including Qantas. If

this plane works out, as

promised I don't think airline

also have a whole lot of

choice. If they fly

international routes they will

either need a 787 or its

equivalent really quickly

because it offers a step change

in costs. Some conserve aess

are saying that cheaper fuel

efficient planes will only

encourage more air travel. Time

for the weather now and another

very wet day in Sydney today,

although not much to report

unfortunately in the catchment

area. The top temperature in

the city was 16.

The satellite picture

shows thick cloud being pushed

on to the NSW cost, generate

ingy rain and the odd storm.

Low cloud over eastern Tasmania

and Victoria causing showers.

You can see the low in the Tasman responsible for the

Sydney rain. A front in the

bielth will cause cause shower

s in SA. Rain tomorrow the NSW

coast will see more heavy rain

and light shou owners the

southern coast Klein.

Before we go - a look at

tonight's top stories. Every

Supreme Court criminal file is

being checked because of a

clerical error that's given two

of Janine Balding's killers

grounds for appeal. And Federal

Police have been granted more

time to question Gold Coast

doctor Mohammed Haneef. That is

ABC News for this Monday. The

'7:30 Report' is up next andly

be back with updates during the

evening. Goodnight.

Closed Captions by CSI

I'm moving you through the

tunnel now. Tonight on the 7.30

Report - the revolutionary

cancer scanner that saves

lives. For heaven's sake, I might not even be here

today. Why have thousands been

denied access? I'm angry

because I waited for so long.

This is a tragedy for

Australian cancer patients.

And, a former CIA chief on why

the West is losing the war on

terror. Iraq broke our back on

counter-terrorism because it

made bin Laden from a man in a

group into a philosophy and a

movement, and there's kind of

no turning back now. CC

Welcome to the program, I'm

Ali Moore. The most common

form of cancer in Australian