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(generated from captions) A court confrontation - dropping a rock on her daughter. a mother faces the man charged with Price fixing claims - discount docket schemes calls for the Woolies and Coles to be scrapped. Still fighting - laid low by cancer, his battle for asbestos compensation. Bernie Banton vows to continue And keeping the dream alive - the Rabbitohs' stunning victory over Manly.

This program is captioned live. Good evening. of courage today There was an extraordinary display her daughter's alleged attacker. when a South Coast mother confronted Nicole Miller almost died rock thrown from a highway overpass. when she was hit in the head by a searching for answers. Today her family went to court, A mother's mission for justice. her emotions today Jenni Tillet reined in

and made a surprise visit to court alleged attacker in the eye. determined to look her daughter's

Confronting, I guess. I did want to see him in the flesh. a magistrate for the first time, As 25-year-old Peter Hogkins faced grievous bodily harm, accused of maliciously inflicting with a fresh back-up charge. detectives slapped him by police last month He was controversially freed on bail an overpass on the Princes Highway after allegedly dropping a rock from near Kiama. It smashed through a car window, in the head, almost killing her. striking 22-year-old Nicole Miller but she's now talking again. Part of her skull was removed, still not a lot of movement there. Her left side, Part of her sight. continued today, Hogkins had his bail his alleged victim's loved ones but had to contend with in the front row of the court. It was pretty hard. last night and, um... I had a sleepless night but I'm happy that I've come. I was sort of dreading today, to Shoalhaven Hospital Nicole's been moved from Wollongong and friends to be closer to her family as she starts her rehabilitation. Her parents have been careful with too many details of the case not to worry her on her recovery. so she can fully focus in October. Hogkins will face court again Shaun Fewings, National Nine News. to stand trial An 18-year-old has been committed

over the deaths of four mates in October last year. in a car crash near Lismore of one of the victims says The stepfather for the accused, he doesn't have any sympathy who's been charged dangerous driving occasioning death. with four counts of In no way, shape or form the driver of the car. are we here to support We're here to support each other who died that night. and the four boys and speeds of up to 140km/h The court heard that a blown tyre could have contributed to the crash. Like manna from heaven, a massive Budget surplus the Federal Government has received suggested just as the latest opinion poll

John Howard as an economic manager. voters may be losing faith in of the windfall to set up a fund The Government will use some operating theatres to pay for hospital and high-tech medical equipment. Another morning walk to spoil it for the Prime Minister. and another opinion poll The latest Newspoll shows retain a big election-winning lead, not only that Kevin Rudd and Labor interest rate rise but also that the recent

in John Howard's economic management has seen confidence dive by 6 points. with interest rates You can't trust a prime minister on a vote-buying spree. who wants to go Peter Costello to the rescue, But right on cue, it was economic credentials boosting the Government's $17.3 billion Budget surplus by announcing a huge $3.7 billion higher than expected. for last financial year, fiscal position This would be the strongest

probably in the developed world position Australia has experienced. and certainly the strongest in 10 Budgets. It's the ninth cash surplus for investment $15.5 billion will be available where two-thirds of it will go. and the Government's already decided It's pouring $7 billion sector super - that's now full. into the Future Fund for public fund set up in the May Budget Another $1 billion will go to the to invest in universities. and medical investment fund. And there'll be a brand-new health for new capital medical facilities, The earnings will be available high-technology medical equipment. such as surgical theatres and will go to the new fund, $2.5 billion from the surplus from the sale of Medibank Private. along with the proceeds Mr Howard's left up his sleeve for the election. with a handy $5 billion on the Howard Government. The mining boom is raining money That's all this shows. Laurie Oakes, National Nine News. arrested on the Gold Coast The Indian doctor over the terrorist attacks in the UK but later released to get his Australian visa back. has won the first round of his fight Immigration Minister made a mistake Today a court ruled that the work visa. when he revoked Dr Mohamed Haneef's Federal Court, Arriving at Brisbane's were quietly confident. Dr Haneef's lawyers It could be a tough decision. Kevin Andrews to court, Dr Haneef took Immigration Minister

for cancelling his visa - arguing the grounds a character test - were wrong. namely, that he failed

however, argued Mr Andrew's lawyers, association with two cousins that Dr Haneef's so-called the June UK terror attacks, who were linked to was sufficient to revoke his visa. But after a 1.5-day hearing, in Dr Haneef's favour. Justice Jeffrey Spender ruled to declare the judgment a victory, Dr Haneef's defence team was quick in their efforts to clear his name. another step, they say, isn't it? We've won round one. It is a big step to victory, But this afternoon, it will appeal the decision. the Government announced securitry and national interests This is a matter of national

the Australian people and my view is that rather than sorry. would prefer us to be safe remains in India with his family, So for now, Dr Haneef far from over. the legal stoush over his visa In Brisbane, Simon Bouda, National Nine News. An inquiry into petrol price fixing has been told that all petrol stations should be able to accept discount dockets. The Service Stations Association claims the dockets used by Caltex and Shell are driving their competitors out of business. Fuel prices were down as low as $1.13 a litre today as an unprecedented petrol inquiry got under way. And Graeme Samuel, the man charged with listening to 18 hearings in 12 cities over the coming weeks, has told us he's already drawing conclusions. The prices are being set by the major suppliers, that is, the major refineries and perhaps by Coles and Woolworths. The retailing giants and their partnerships with Shell and Caltex now control around half of all petrol sales, with their 4-cents-a-litre discounts through shop-a-dockets. Today's hearing was told since 2003, when the scheme was approved, up to 3,000 independent service stations have been forced to close down. It's just getting harder and harder and our numbers are declining. Many of those, having lost volume -

they believe they can never get back - have decided it's a mug's game being in the price business. And there were claims the scheme has led to a duopoly which is driving up pump prices.

It's just a matter of each looking out the window and the price ends up the same at each. The Service Stations Association says there is a way to end what it calls anti-competitive behaviour. It wants the Commissioner to now scrap the discount dockets so the industry can remain viable. That would mean consumers would have the ultimate choice. Daniel Street, National Nine News. Asbestos campaigner Bernie Banton is in the fight of his life tonight after being diagnosed with a rare form of cancer linked to the deadly fibres. But this serious setback has only strengthened his resolve to pursue James Hardie for compensation. You are a brother. Bernie Banton is dying. On Friday he discovered he has a type of mesothelioma, an asbestos-related cancer that no-one has ever survived. I was shattered. Absolutely no other word for it - shattered. I just never, ever saw it coming. The incidence rate of peritoneal mesothelioma is one in a million. What a superstar, eh? One in a million. For years he fought James Hardie on behalf of asbestos victims. He knew what they were going through - he has long suffered asbestosis, his lungs scarred and constricted by the deadly fibres. I was a planer operator in

James Hardie Bradford Insulation's worst factory in Australia and these people need to pay. Bernie has already won a payout for asbestosis.

Now his lawyers will seek damages for the mesothelioma. He's fighting to get compensation from the very fund that Bernie fought so hard to set up. Bernie Banton starts chemotherapy here at Concord Hospital next Monday. He knows that, on average, patients with this form of mesothelioma have just 6-9 months to live. We're all devastated, but we all know what a fighter Bernie is. This is not the end of Bernie, I assure you.

Bernie was allowed to go home this afternoon before his treatment begins, time for the public face of the asbestos campaign to be left in private. Mark Burrows, National Nine News. The Westpac bank has launched a battle in court to claw back $11 million it mistakenly gave to a Kempsey real estate agent. Victor Ollis spent most of the money on property and now claims the bank wants to ruin him. For six months in 2005, Victor Ollis was a fully fledged multimillionaire, thanks to a bungling Westpac Bank. Even though his accounts were overdrawn, the bank loaded him up with $11 million to splash out on development properties in Parkes and even a cement mixer and a crane. In January 2006 the bank finally cottoned on. Westpac investigator Mark Murphy told the court he spoke to Mr Ollis, who said: The real estate agent said he made countless transactions and the bank had more than 300 opportunities to discover its own mistakes. While denying he fraudulently obtained the money,

Mr Ollis says he has always accepted the fact that one day he would have to pay it back and it's a bill growing by the day. The original $11 million has now blown out to more than $19 million because of interest. The Ollises claim they have made repeated attempts to settle the matter with the bank out of court. They don't care about getting the money back. They care about ruining us.

Westpac says it's tightened up its monitoring systems to ensure such expensive mistakes aren't made in the future. Damian Ryan, National Nine News. In the news ahead - warnings that tough police tactics could actually trigger violence at APEC. And the dramatic moment as passengers flee an exploding jet. If you're concerned about the environment, you already know it's worth recycling paper, recycling cans, and worth using cloth bags. So isn't it worth signing up to ActewAGL's green energy program, Greenchoice? By supporting renewable energy generation, you even make this commercial more environmentally friendly! To sign up to Greenchoice, call ActewAGL. It costs a few cents more, but after all, what's the earth worth? There's been a shocking development

in the investigation into the Pacific Highway collapse

during wild storms in June, which claimed the lives of a couple, their two children and a nephew. It's been reported the coroner who carried out the post-mortems found evidence the couple had been drinking before the incident. The driver, Adam Holt, was found to have been slightly over the legal alcohol limit, while his partner was more than double the limit. Traces of cannabis were also found. An inquest into their deaths will begin early next year. Protesters planning to take to the streets during APEC next month are warning that new police weapons could trigger violence, rather than prevent it. And while some of the world's most powerful leaders are heading to town plenty of other people are staying away.

As show-and-tells go, it's been a blockbuster few weeks... ..dramatic security exercises, brand-new weapons,

all carefully stage-managed to send a clear message to anyone planning to gatecrash APEC. If they're going to be idiots and want to take the police on,

then they are going to face the consequences. But APEC protesters say all this extra firepower could actually incite violence. There's a danger police will want to test it and use it. This is a very provocative action by the police - one almost wonders are the police trying to provoke a confrontation? APEC protests are often large and occasionally violent.

This is Santiago, Chile, in 2004. A year later, it was South Korea. It's what police here are preparing for and why hotel bookings in the city are down. We don't want Sydney to be a tumbleweed city. We're encouraging tourists to come here. So hotels are offering APEC discounts and telling visitors that sharing Sydney

with a few world leaders and a few thousand extra police won't be all bad. Don't be frightened to travel to Sydney while APEC's on. Plenty of the tourist attractions will be up and running. Dale Paget, National Nine News.

In the Caribbean, Hurricane Dean has become the so-called perfect storm, strengthening to a maximum category 5 monster and heading for the resort coast of eastern Mexico. The storm could strike land within a few hours, with wind gusts as high as 310km/h. 75,000 tourists have already been evacuated from the region and locals have been urged to seek shelter further inland because of the risk of catastrophic winds and an ocean surge up to 6 metres high.

In Bali, another person has died from a strain of bird flu which killed a woman 10 days ago. The latest victim is a 28-year-old woman. A man has also been struck by the virus and doctors are trying to save his life in a Bali hospital. A day after that frightening jet fire in Japan, amateur footage has emerged which shows just how remarkable it was that everyone got out alive. Close calls don't come any closer than this. Remarkable mobile phone pictures of the milliseconds between life and death, the barest moment between passengers fleeing the burning aircraft and an enormous fireball as flames reached the China Airways Boeing 737's fuel tanks. TRANSLATION: The air stewardess said it was fine,

then the fire came bursting out of the tyre. I said, "Please, let us go down quickly." And they did, using escape slides, jumping from wings and the rear exit. The pilot and copilot only just made it. As the flames erupted, they hurled themselves out of the cockpit windows. It's believed the fire started in the left-hand engine but so much damage has been done to the plane that tracing the fault won't be easy.

Peter Harvey, National Nine News. Ken with sport next and Brad Fittler got the job he wanted? He did and the Rabbitohs got the result they wanted, as the Bunnies march towards the semis. And the gallant Tall Black in shining armour. When you love your hair, you'll do anything to stop this. New Elvive Anti-Breakage from L'Oreal Paris with Omega Ceramide. Our first double-action conditioner. Dean Widders has told National Nine News he fears he'll be made a scapegoat following the NRL's clampdown on grapple tackles and he's very likely to fight the charge. Widders's potential 3-game ban didn't dampen Souths' outlook today, with their players confident they'll be a threat in the finals. It's too early to call it a return to the glory days, but don't try saying that to the Souths faithful. COMMENTATOR: Believe it or not, South Sydney are in the top eight! In the end it was a Ben Rogers kick which produced the match-winner and it was a kick which man of the match Joey Williams was cursing at the time. 'Cause I was lining up to take the 1 point but I cursed at him a fair bit when he took it down the short side. I've seen him kick a few in training, but from 10m out, so right in front.

Wiliams is unwanted by Souths next year and has accepted a deal in France, but he's told National Nine News he could make a surprise return to the NRL. The comp over in Toulouse will be finished in May so I'll be a free agent come May again, before June 30. Williams and the other Souths players think the finals are within reach and they'll be a force. We've given Melbourne a tussle both times we played them and probably should've beaten them when we played them at Gosford and last night to beat Manly, who's been killing everyone lately shows that we're right up there. News of the victory reached owner Peter Holmes a Court in Los Angeles. He's on a promotional visit for the club, but he wasn't claiming any of the glory. Russell and I have been away - I was asleep on an aeroplane at the time - got nothing to do with what happens on the field. The only down-side - the charge against Widders - but he says the grapple must go. It's got to be stamped out. The game doesn't need that sort of thing Players' heads and necks are very important parts of their bodies and we've got to do whatever we can to make sure they're not at risk of injury. Danny Weidler, National Nine News.

Brad Fittler has officially been named

as the Roosters coach for the next two years. After turning around the club's season in spectacular style, Fittler was clearly the man for the job. Already the Roosters' favourite son, Fittler was destined to get the job.

All that needed to be settled was for how long and how much and he's delighted with the 2-year deal.

The taste of it, especially over the last eight weeks, has been enormous. And it's just a great position.

Rugby league, it's great job to be part of. After taking over from Chris Anderson, Fittler has turned a woeful season into one of hope at Bondi. It's still going to take a minor miracle to make this years finals but under Freddy the Roosters have already proven anything's possible. We're a chance, looks a little bit skinny at the moment. Souths did a great job last night, I thought. The fight between Kirk Reynoldson and the Knights is a step away from going to the courts. Reynoldson needs to play one more game to trigger a new 12-month deal but Newcastle has made it clear that won't happen. Reynoldson's lawyers have served notice on the club. My patience is running out as well. I guess we will get to a stage where we will answer their letter and leave the ball in their court. And the Cowboys are standing behind Steve Southern, after a late-night incident in Townsville. The tough forward broke his ankle after getting into a fight at a pizza stand. Southern was already sidelined by a shoulder injury. He won't play again this year but the Cowboys say it's not his fault and charges may be laid over the assault. Clinton Fletcher, National Nine News,

Wallaby number 8 David Lyons says he'll be fit

for the Australians' World Cup opener against Japan. Lyons had his first full contact session this morning since contracting deep vein thrombosis last month. His treatment for the dangerous condition will continue throughout the World Cup. 2-3 injections a day just to thin the blood and then, going in to any contact training or a game, I'll just go off it for 24 hours prior.

The Tall Blacks didn't win last night's Olympic qualifier against the Boomers, but they won me, when a nervous Skylla Halstead forgot the words to the New Zealand anthem. Paora Winitana really stood tall, helping Skylla regain composure, then stood beside her to complete what must have been an ordeal. # ...New Zealand. # Oh, by the way, Australia won 79-67 in game one of the 3-game series.

There was class in one of the

finest sporting moments of century- long long time. SONG: # Get rhythm... # GIRL: These days, everybody's talking about saving water but there's one Australian company already helping us to save water in lots of ways -

from launching a program to put water tanks in our schools to making roofs and gutters from COLORBOND steel and tanks so we can collect the rain at home. Yep, when it comes to saving Australia's water, we've got plenty of scope. # Get rhythm... # # When you get the blues. # To finance - and markets regained some poise today. Here, mining and banking stocks were stronger. Property company Mirvac, airline Virgin Blue and the Seven Network all reported strong profits. The All Ords ahead 52 points. The dollar has fallen again. Now here's Majella and there are some wild winds about? Byron Bay got it first, Mark, with winds of more than 100km/h. Then south-east Queensland and the Gold Coast - winds of more than 80km/h, power cut to homes, all beaches shut. There's a warning out for damaging winds south of Fraser Island and for the Darling Downs and Granite Belt. More southerlies closer to home, but nowhere near as strong. Sunshine early helped the temperatures rise to 19 in the city and 18 in the west. Now all that wild weather further north is from a low. It is moving off and weakening, but ever so slowly. Still falls for the mid-North Coast of NSW. Most of that area and the Northern Rivers have had their wettest August day in about 40 years. More than 70mm for Tamworth over 1.5 days. The Hunter should continue to be damp tomorrow and wet weather also for the far North Coast of the State.

The showers that returned to Sydney this afternoon are from a cold front and those light falls will continue tomorrow - we're talking about less than 5mm. Showers will linger in Brisbane, but a high is bringing yet another dry day to Melbourne, Adelaide and Hobart. Overcast with showers at times on Wednesday. A south-easterly swell building at open beaches. Conditions improving for surfers by the weekend. Just a few degrees the difference between the coolest and warmest temperatures expected in the city tomorrow, 8 the low in the west. There is light at the end of the tunnel of grey and damp days. Fine conditions starting to emerge on Friday, staying for the weekend. And warmer - Tuesday the pick of the bunch, 25, Mark. And that's National Nine News for this Tuesday. I'm Mark Ferguson. Goodnight. Supertext Captions by the Australian Caption Centre www.auscap.com.au