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Media Watch -

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(generated from captions) going too hard, too quick, TIM WINTON: I think, you know, and the minds of the locals. and not winning the hearts I think that's a sad outcome.

a few locals whose hearts and minds There are, you know, could never have been won, you know. Some of whom whose hearts and minds, I'm sure. live in different postcodes, rising fuel prices, Meanwhile, despite are following the sun, more people from a thousand postcodes driving to where the roads run out. I wonder what it is going to be like make this journey? when your grandkids I'd love to be around to see it. VAL FOZARD:

so that they can see it now. But I'd also love to bring them here

Yeah, that'd be nice. I think, That'd complete the holiday, could be around as well. if the grandkids the dolphins arrive just as reliably. Down at the pier at Monkey Mia, long-term viability? So what about the inevitably end in tears? Does something like this it's being well managed now. No, I don't think so. I think of the Monkey Mia resort, According to the manager with an economy is possible. integrating an ecosystem Indeed, according to Dean Massie, owes its sustainability Shark Bay's biggest business to the dolphin researchers and CALM. dolphins would be here at Monkey Mia DEAN MASSIE: I don't believe the with the researchers if it wasn't for that association that CALM have done, and the management was introduced in '95, I believe. with the management plan that

So it's very important. sustainable development strategy The Western Australian Government's seeks to achieve a similar balance. for this coast Billie Lefroy from Ningaloo Station, It asks a lot, too much for Jane and who have made this place their own. as well as the roving band of campers With the lease soon to run out, and their campers can stay or go the question of whether the Lefroys

will soon be answered. What's going to happen? and I might not be here. I don't know. Totally unknown, As I say, worst-case scenario, a pastoral lease to 2015 that remains as part of the Crown estate. and then it comes into the government's strategy A central objective of available to everyone. is to make these beaches that affordable access to the beach There is recognition up there in importance is to many Australians home and family. with football, cricket, While all around Australia, the province of the wealthy, beachfront becomes to make the strategy work, the dilemma for those trying without charging a fortune? is how do you maintain the experience and not just privileged insiders? And how do provide access to all, Just up from Ningaloo Station, in the National Park, settled sensitively is the Ningaloo Reef Retreat, environmental sustainability boxes, which ticks all the government's around $400 per day. but each tent costs the only model that you could use. PAUL WITTWER: Clearly, this isn't for the higher end of the market And, you know, we cater for, you know, your mums and dads and there's still a need to allow coming out of Perth with a family in a national park spot. and camping for $10 a night of mixture of uses in the park, But by having a variety, I guess, different sorts of people. you provide for all and say, "Guys, this is over. We don't want to go in there "Paradise is closed for business." engaged in an evolutionary process We really want to get them in such a way to make sure that it is done the environment. that it's not damaging We want to work with them. I think it's an evolutionary change. are slow and slow and slow I think, you know...these things and painful, you know, if you're passionate about it, diminishing resources around, and also you see and you see the damage that we do. But I'm, you know, I'm hopeful you know, in my own lifetime, because I'm seeing, change of attitude. I've seen that kind of routine, too, is it? This is part of the hospitality Actually, it is. on the edge of the continent... At the end of the day, wherever we pull up. WOMAN: We just stay in the van no longer held secret, ..on all those beaches

to end a perfect day. there is a perfect ritual Chops and vegies tonight... They call it 'fivesies'. Something pretty easy. plates of savouries are passed around The home brew is uncapped, and gossip like kids, and 60-year-olds yarn and laugh for $50 a week. living better than millionaires More hot pies? Yep. Thank you. It will be a big job - the dugongs and the dolphins - saving the whales, the turtles, as precious as this. as well as something Make it go browner. Needs to be hotter. MAN: Looking good now, isn't it? That's all we need. Pepper, salt and a glass of wine. WOMAN: She knows it well! heard it when I was a child. I'm a very old person and I first the mail, and bring the milk. MAN: You get the paper in

We don't cart bulky stuff.

on the ground in bags. There's no rubbish left we don't want ferals coming around. We'll hang them up because That's right... CONVERSATIONS AND CHATTER OVERLAP CONVERSATIONS END, WAVES LAP This program is captioned live. Hello. I'm Caroline Jones. is about a remarkable businessman. Tonight's 'Australian Story' In less than a decade, Australian company he turned a fledgling into a marketing giant

and attracted the attention largest conglomerates. of one of the world's an even bigger impact. Now he's poised to make You may recognise Mark Bouris of Wizard Home Loans, as the public face there's a very private man. but behind that image This is his story. as a half-hour ad for his business. But it wasn't so much 'his story' I'm Monica Attard. Hello and welcome to Media Watch. Last week's 'Australian Story' strong criticism from viewers. attracted some pretty

on 'Australian Story's guest book. Some was expressed And some in complaints to us. not an implacable critic. As you can see, that's from a fan, successful programs lost its way? So has one of the ABC's most Story' has built a loyal following, Over the last 10 years 'Australian gathered a mantle full of awards and been copied by other networks. Its success has been built around a style of story-telling that gives an Australian the opportunity to tell their own story. The web site puts it like this: That personal approach gives viewers a strong direct connection to the subject which is great when someone has a powerful personal story to tell but not so good if all viewers see is a half hour corporate video, as they did with Mark Bouris. And it can also be a problem when 'Australian Story' tackles a complex investigation, as it did recently in a 3-part series on the conviction of three young men for murder. It started off as just an ordinary night for all of us. An ordinary night for Mr Walsham - he'd been out with his friends drinking - ordinary night for us. No-one knew that that night that a tragedy was to follow.

Salvatore Sam Fazzari is talking about the night in 1998

that Phillip Walsham died. Walsham was found on the road beneath a pedestrian bridge

near Stirling Railway Station in Perth. Fazzari and his friends admit to assaulting Walsham, but say they'd left the scene before he was killed.

The prosecution claim that they forced him off the bridge and this year Sam Fazzari and his friends, Carlos Pereiras and Jose Martinez, were found guilty of murder by a jury. In keeping with the 'Australian Story' style, the show focused on one character. Our story begins with a young woman, Mirella Scaramella, the girlfriend of one of the teenagers caught up in the events of that night. She has turned detective in her efforts to uncover the truth of what happened in Perth in the early morning hours of February 28, 1998. I'm entitled to fight for the truth and I know that if anyone has a question for me about this case I can look them straight in the eye and give them an honest answer. There is nothing I won't answer about this case. I know - I'm not scared of the facts of the case, that's the thing. I won't sugar-coat anything. I will tell you point-blank, this means this and this was this.

But Sam Fazzari's girlfriend Mirella

is not a disinterested detective seeking the truth, she's a committed advocate for her friends' innocence. 'Australian Story' gives Mirella and her friends a platform and the WA Police have complained to the ABC

that it also joined Mirella's fight. Of course, journalists have been rightly celebrated for helping to overturn wrongful convictions in the past, including a number of cases in Western Australia. Advocacy is easily forgiven if you're right. We asked 'Australian Story': They told us that producer Wendy Page was "initially dismissive" of Mirella Scaramella's claims, but: The program sets out many of those additional facts. But according to police and prosecutors it downplays and omits the evidence that convicted these three men. The Director of Public Prosecutions says this:

The jury sat through a 10-week trial. No television program can give you the full story, but we think there are some significant failings in the way 'Australian Story' presented the case against the three men. The eyewitness who apparently saw Phillip Walsham's fatal fall from the pedestrian overpass is one example. Here's how 'Australian Story' introduces her evidence in the first episode. In fact, Clare Pigliardo gave crucial evidence that Phillip Walsham wasn't alone on the bridge. She told the court and Media Watch that she saw other people on the footbridge. But 'Australian Story' didn't mention the other people on the bridge until the next episode. Even the witness who said she saw him do a backflip off the bridge doesn't say she saw anyone throw him. She said she saw figures on the bridge but they were all standing, she said, within talking distance. There was never any evidence that he was thrown off the bridge. In the third episode the defence advocates undermine Clare Pigliardo's evidence. She'd just come back from a 21st birthday party, she's a young girl that wears contact lenses, she'd been drinking vodka cocktails, and I'm sure she saw something, but as to whether or not it was a body flipping off the bridge,

we're not quite sure. Clare Pigliardo says that she hadn't been drinking vodka cocktails, just punch, and she was sober when she saw Phillip Walsham's fall. She doesn't believe she was fairly represented by 'Australian Story'. We asked 'Australian Story' why they didn't interview Clare Pigliardo

for their program. It's hard to believe there wasn't room for that crucial witness. Another witness who wasn't interviewed by 'Australian Story' is WA State Pathologist Karin Margolius. 'Australian Story' criticises her evidence and presents the views of a defence consultant who argues that Phillip Walsham might have been hit by a car rather than murdered. Australian Story says:

Again, it doesn't seem satisfactory. Nor does the program's treatment of some other evidence. 'Australian Story' skates over the fact that the men lied to the police when first interviewed. All that viewers heard about the lies was a passing reference from Police Inspector Scott Higgins. It's a circumstantial case. They lied about a few things, though. They lied about where they went afterwards. They changed their stories a few times. It's not evidence in the way that people would like to see, which is a nice, clean, easy case when the people are identified on video or there's DNA or there's fingerprints or there's a confession, nicely taped. This is a difficult case. In their initial statements to police, Martinez denied having seen Walsham at all, while Fazzari claimed that Walsham provoked a fight. And both lied about where they went after Stirling Station. Martinez and Fazzari are interviewed at length in the program

but neither is asked about the lies.

'Australian Story' says it wasn't necessary. The jury who heard about the lies apparently took a different view. 'Australian Story's viewers were entitled to hear about them too, especially when they're asked to consider these denials. But we never murdered anybody. That's the thing. We never murdered anybody. So they must know that I didn't - not have anything to do with his death and that I'm being truthful. There are more issues of dispute between the prosecution and 'Australian Story'. You can read them in full on our web site. 'Australian Story' tells us: Phillip Walsham's father, John, was dissatisfied. 'Australian Story' tried to put this case into the context of a series of wrongful convictions in WA. The program argues these are part of a systemic failure in the State's justice system. But the WA Chief Justice says this handful of cases doesn't justify trial by media. We can't know if Fazzari, Pereiras and Martinez are guilty or innocent but the jury that sat through the trial and listened to the evidence found them guilty beyond reasonable doubt. That doesn't preclude journalists re-examining the evidence. The media has an important role to play in exposing legal failure and injustice. But they have to face all the facts of the case and present them fairly. 'Australian Story' didn't do that. Until next week, goodnight. Captions by Captioning and Subtitling International. This program is not subtitled This program is captioned live. Good evening. The full sale of Telstra is in jeopardy after shares sank to a nine-year low. The Federal Government is set to decide this week whether to go ahead with a retail offer. Telstra's chief, Sol Trujillo, is pushing for its sale. International police have detained 25 people in East Timor after an Australian police officer was assaulted in Dili on Saturday. The officer was cornered and kicked by local gang members. And Saddam Hussein is back on trial. This time on charges of killing tens of thousands of Kurdish villagers in 1988. Saddam refused to enter a plea, and questioned the legitimacy of the tribunal. Tomorrow's capital city weather - Perth showers and a possible storm, Melbourne and Hobart a few showers. Adelaide Drizzle clearing. Fine elsewhere. 'Lateline' is on at 10:35pm. Have a great night.