Yes, I can see the files you've uploaded. You've provided a set of documents related to the case of *Police v Kenneth William McManus*. The system has successfully extracted and displayed the text content from these PDFs.\n\nThe documents include:\n* **Affidavit of Dale Christopher Sicily:** A witness statement supporting the defendant's version of events.\n* **Statement of Kenneth William McManus:** The defendant's account, claiming self-defence.\n* **Police Brief of Evidence:** Contains the police facts sheet, witness statements (from the victim Kayleen McManus and her daughters), police officer statements, forensic reports (including DNA analysis linking the defendant to the bat), body-worn camera transcripts, medical records, and the provisional Apprehended Domestic Violence Order.\n* **Court documents:** Such as the Court Attendance Notice and the ADVO application.\n\nYou have access to the full extracted text from all these files. Is there a specific aspect of the case you would like me to analyze, or a question you have about the evidence?
Context/Documents: Filename: undefined
[Page 1 - Tesseract]
AFFIDAVIT OF DALE CHRISTOPHER SICILY
COURT DETAILS
Court: Fairfield Local Court
TITLE OF PROCEEDINGS
Plaintiff Police
Defendant Kenneth William MCMANUS
FILING DETAILS
Filed for Kenneth William MCMANUS
Filed in relation to Criminal Matter
Legal representative Dr Dickson Simeon
Contact name and telephone 0409328772
Contact email dsimeon@sdclawyers.com.au
I, Dale Christopher Sicily, of 75 Maud Street, Fairfield West, NSW, born 6 March 1957, affirm and
state as
1.
follows:
I am a friend of both the accused, Kenneth McManus, and the complainant, Kayleen
McManus. | have known them for several years, and we have socialised together on many
occasions.
Kenneth and Kayleen are siblings. Their mother gave them the property at 51 Margaret
Street, Fairfield West NSW 2165. Kenneth regularly visits and maintains the property.
Kenneth lived at this address with his mother until she moved into a nursing home. After
their mother moved, Kenneth invited Kayleen to live at the property to help them both save
on rent.
On 26 August 2025, | spent time with Kenneth and Kayleen at 85 Malabar Street, Canley Vale,
NSW 2166. The three of us drank beer together. There were no arguments or issues that |
observed during this time.
Later that day, Kayleen called me and asked me to come and pick up Kenneth up from 51
Margaret Street, Fairfield West NSW 2166. | went to the house with my friend Tanya, who
remained in the front passenger seat of my car when we arrived.
When | arrived, | parked my car and left the passenger side door open. | got out to see both
Kenneth and Kayleen, who were outside the house.
Both Kenneth and Kayleen approached my car. During this time, Kayleen pushed Kenneth
towards the car, and Kenneth ended up inside the passenger seat.
Tanya, who was still in the car, held Kenneth to prevent him from getting out again. | then
got into the driver’s seat and prepared to leave.
[Page 2 - Tesseract]
9. Atno time did | see Kenneth act aggressively towards Kayleen or strike her with any object,
including a bat.
10. There was a struggle between Kenneth and Kayleen over the bat, but | cannot specifically say
who grabbed it first as both had their hands on it at one point. Everything happened very
quickly.
11. | observed Kayleen holding the bat during the incident. | also saw Kayleen hitting Kenneth
with the bat on his hands as he tried to shield himself from further strikes.
12. Kenneth used his hands and arms to protect his face and head. He did not retaliate or strike
Kayleen with the bat.
13. Kenneth did not hit Kayleen with the bat at any time while | was present. If he had, | believe
the injuries would have been much more serious than what has been claimed.
14. During the struggle, Kayleen eventually took the bat and ran away. | did not see any blood or
visible injuries on Kayleen’s head or hands at any time while | was there.
15. | did not see any injuries on Kayleen during or after the incident. She did not complain of pain
or show any signs of being hurt while | was present.
16. | cannot say how Kayleen got the injuries she later claimed. As far as | saw, Kenneth did not
cause her any harm.
17. | did not see any blood or injury on Kenneth’s hands or face, but | did see him using his hands
to protect himself from being hit by Kayleen.
18. Earlier in the evening, there was a moment when Kayleen hugged Kenneth tightly. Kenneth
has a sore back and neck, which Kayleen was not aware of. Kenneth tried to use his hands to
create space and reduce the pain from the hug, not to harm Kayleen.
19. At no time did Kenneth grab Kayleen by the neck or act in a way that could be considered
assault.
20. | did not participate in the hug, as | was aware of Kenneth’s back and neck issues and gave
them space.
21. Based on what | saw, Kayleen was the aggressor during the incident. Kenneth acted only to
defend himself and did not assault Kayleen.
22. | am providing this affidavit to give a truthful account of what | witnessed on 26 August 2025.
SWORN/AERIRMED at Meee this S TH day of FE RRUaRY 20 2.4,
| say on oath
1 | am Dale Christopher SICILY
2 Generative artificial intelligence was not used to generate:
a. this affidavit.
b. any annexure/exhibit to this affidavit.
[Page 3 - Gemini]
D. Sicil.
D/L. 4775TM
[Illegible Signature]
[Page 4 - Gemini]
4
Filename: undefined
[Page 1 - Tesseract]
STATEMENT OF KENNETH WILLIAM MCMANUS
Statement of: KENNETH WILLIAM MCMANUS
Date of Birth: 7 May 1960
Occupation: Unemployed
Address: 85 Malabar Street, Canley Vale, NSW 2166
Proceedings: Police v Kenneth William MCMANUS
Court Attendance Notice: H85529871
Charge: Assault Occasioning Actual Bodily Harm (Domestic Violence)
Statute: Crimes Act 1900 (NSW) s 59(1)
Hearing Date: 20 March 2026
Court: Fairfield Local Court
1
10.
11.
| am the defendant in these proceedings. | provide this statement to give a truthful and
complete account of the events that occurred on 26 August 2025 involving my sister,
Kayleen McManus.
| am 65 years of age. | am charged with one count of assault occasioning actual bodily harm.
On the morning of 26 August 2025, my sister attended my residence at 85 Malabar Street,
Canley Vale. During the morning, we consumed alcohol together.
During the course of that morning a verbal argument developed between us regarding
family matters. Although the discussion became heated, there was no physical
contact between us at that time.
My sister contacted police. Police attended the premises and spoke with both of us. After
speaking with us, police transported my sister to her residence at 51 Margaret Street,
Fairfield West. | remained at my residence.
Ambulance officers attended and assessed me shortly afterwards. | was informed that | did
not require hospitalisation.
Later that same evening, at approximately 6:45 pm, | walked to 51 Margaret Street, Fairfield
West. My purpose in attending that address was to retrieve personal belongings from the
granny flat located on the property, which | regularly use and where | keep some of my
possessions.
| did not attend the premises intending to confront my sister or to continue any argument
with her.
Shortly after | arrived, Mr Dale Sicily attended the premises in his truck accompanied by his
partner, Tanya. Tanya remained seated in the front passenger seat of the vehicle and the
passenger side door remained open.
At this time my sister and | attempted to reconcile our earlier disagreement. We approached
each other and embraced.
During the embrace my sister held me tightly around my upper body. At the time | was
experiencing soreness in my back and neck. | had not previously mentioned this to my sister
and she was not aware of it.
[Page 2 - Gemini]
12. The pressure from the embrace caused me pain. In response, I placed my hands on her
shoulders and attempted to move her away slightly in order to create some space. I did not
grab her by the neck and I did not act aggressively towards her.
13. Shortly afterwards I moved towards the passenger side of Mr Sicily`s truck.
14. As I did so, I observed my sister walk towards the driver`s side of the vehicle and reach inside
the cabin.
15. I then saw her remove a wooden baseball bat from inside the truck. I later became aware
that the bat belonged to Mr Sicily.
16. I had not seen the bat prior to that moment and I had not brought any weapon with me to
the premises.
17. When I saw my sister holding the bat I became concerned for my safety.
18. I approached her and a struggle occurred between us over control of the bat. During this
struggle both of us had our hands on the bat at the same time.
19. The incident happened very quickly. My actions were directed solely towards preventing my
sister from using the bat against me.
20. At no stage did I take sole possession of the bat from my sister.
21. During the struggle my sister struck me several times with the bat. The blows were directed
towards my hands and arms as I raised them to protect my head and face.
22. As a result, I experienced pain in my hands and arms.
23. I did not strike my sister with the bat at any time. I did not swing the bat towards her head
or any other part of her body.
24. My actions throughout the incident were limited to attempting to prevent my sister from
striking me and protecting myself from being injured.
25. I was fearful that I might be struck on the head if I did not protect myself.
26. At some stage during the struggle my sister retained possession of the bat and ran from the
vehicle into the house.
27. I did not pursue her. I remained near the vehicle.
28. While I was present, I did not observe any blood or visible injury to my sister. She did not
complain to me that she had been injured.
29. I observed that my own hands were sore and swollen after being struck with the bat.
30. I did not seek medical treatment at that time.
31. I later became aware that it had been alleged that I struck my sister with the bat. That
allegation is not true.
32. I did not strike my sister with the bat at any time.
33. I did not assault my sister.
2
[Page 3 - Gemini]
Sadie Scott
Filename: undefined
[Page 1 - Gemini]
Satchel
[Page 2 - Gemini]
4
36
X
Y
X
[Page 3 - Gemini]
0P
140
Z0
[Page 4 - Gemini]
Los Reyes
[Page 5 - Gemini]
Kaylie Savage
[Page 6 - Gemini]
149
[Page 7 - Gemini]
303477
[Page 8 - Gemini]
Bay Good 37
[Page 9 - Gemini]
1C-C
[Page 10 - Gemini]
JOC
[Page 11 - Gemini]
There is no discernible handwriting in this image.
[Page 12 - Gemini]
* **SEALED BY (top):** I. MANAFU
* **DATE (next to top SEALED BY):** 26/8/20
* **OPENED BY (middle):** S. MANAFU
* **DATE (next to middle OPENED BY):** 21/8/20
* **DESCRIPTION OF ITEMS:** 1 x brown wooden bat
* **COLLECTION/TIME:** 13:30
* **DATE (next to COLLECTION/TIME):** 20/8/20
* **O.L.C. INCIDENT:** DEO
* **STATION:** Fairfield
* **LOCATION:** 5 Margaret St, Fairfield west
* **INCIDENT:** RGH Assault
* **ITEM NO:** 1
* **EVENT NO:** EF190277
[Page 13 - Gemini]
27/3/2
5731
S
[Page 14 - Gemini]
Spikes
[Page 15 - Gemini]
The image contains markings on the wooden object that appear to be a stylized design or possibly characters from an unidentified script. However, these markings are not discernible as legible handwriting in any common alphabet and therefore cannot be accurately transcribed as text.
[Page 16 - Gemini]
Five dark, hand-drawn, hook-like marks are stacked vertically on the brown wooden surface.
[Page 17 - Gemini]
PATRIA
[Page 18 - Gemini]
[Page 19 - Gemini]
DD7YCS
[Page 20 - Gemini]
There is no handwriting visible in this image.
[Page 21 - Gemini]
[Page 22 - Gemini]
Sully
[Page 23 - Gemini]
Spulgoy
[Page 24 - Gemini]
Sayf
[Page 25 - Gemini]
3032067
[Page 26 - Gemini]
There is no handwriting present in this image.
[Page 27 - Gemini]
Person-to-Scene Link found on 21/09/2025
Event / Case E87190277
Exhibit 201732614 Swab - Trace DNA - Weapon/Tool/Sports Equipment - Item 1, 1 swab from red stain on brown wooden bat.
Profile Number 213515330250829B
Profile Comment ASSAULT-26/08/2025-No. 51 MARGARET ST, FAIRFIELD WEST, 2165, NSW -Ravineil DEO FAIRFIELD CITY PAC
Is Linked To
Event / Case E87190277 - NSW
Exhibit 200572067 - 7967003-MCMANUS-KENNETH WILLIAM-M-7/05/1960-FEN-E87190277
Profile Number 213532340250904
Profile Comment 201732614 Swab - Trace DNA - Weapon/Tool/Sports Equipment - Item 1, 1 swab from red stain on brown wooden bat. Mixed DNA profile. Kenneth William MCMANUS (Barcode No. 200572067) cannot be excluded as a contributor (male profile `B`) to this mixture.
Related File DAL_ICLa_to_EFIMS_20250921_1840106_201732614.xml
[Page 28 - Gemini]
There is no handwriting in this image. All text appears to be printed.
[Page 29 - Tesseract]
Evidence Title: Axon Body 4 Video 2025-08-26 2244 D02E00714
This transcript is unverified.
An unverified transcript may have been generated through a combination of speech-to-text
technology and human edits. As a result, it may contain errors, so please refer to the
corresponding evidence.
Last edited by
This transcript starts at Aug 26, 2025 10:44 PM +10:00 and is 4m 58s in length
[10:44 PM / 00:29]
Speaker 1: Okay. Kaylene, can you hear me? Yeah. All right. Kaylene. My name`s
Constable Dio from Fairfield Police. Okay. I`ve just got a body-worn camera. It`s recording everything
we say and do. Okay. It`s okay. Um, look, | just wanted a quick one down on what just happened
today.
[10:45 PM / 00:42]
Speaker 2: Um, he showed up. He drunk off his face on Valium. | tried to talk calmly to him. I told him
to leave. He didn`t wanna leave. Got into a verbal argument. He started to leave. | rang his, the, like
the person he lives with. Mm-hmm . Said, come and get him. So Dale and Tanya came
and picked him up. My brother started to get aggressive. He went into the car and I`m like, bro, | only
rang the police earlier with the ambulance to try and help you ‘cause you need mental health. And
then he is grabbed a bat, smacked me over the back of the, with it a couple of times. | dragged the
bat off him and yes, | will admit, | smashed his fingers with the bat and said to him, hopefully you`ll
never hit another person over the back of the head with a bat. ‘cause it`s rude.
[10:45 PM / 01:33]
Speaker 1: Okay.
[10:45 PM / 01:34]
Speaker 2: Who? And then they took him home.
[10:45 PM / 01:35]
Speaker 1: Who`s, who`s he?
[10:45 PM / 01:36]
Speaker 2: My brother Kenneth. William McManus or? Yep. Sometimes goes by the name of Leslie
Terms.
[10:46 PM / 01:42]
Speaker 1: And what was the argument? Mainly about?
[10:46 PM / 01:45]
Speaker 2: Uh, because he`s upset on living in mum and dad`s house. Okay. And he`s got no control
over my life ‘cause he likes me to do certain things and that`s my life. And | won`t be told to do,
especially after my husband died. I`ve got two kids to look after.
[10:46 PM / 02:00] in
Speaker 1: And um, did you say he rocked up quite angry? Like was he on drugs or something like
that, or?
[10:46 PM / 02:06]
Speaker 2: Yeah, he is been taken Valium, he`s been drinking rum. | did go over there earlier. Mm-
hmm . With a six pack and Dale and | had two beers. | had two, Kenny had two plus
whatever he drank before. Mm-hmm. | was over the limit to drive home. So then | had to get my
daughter to leave work early. Yep. She drove here, got an Uber to Dale`s house, um, with me. And
then | was yelled at by the police off, or one of the police officers were there saying, | told you not to
[Page 30 - Tesseract]
come back. And | said, I`m just here to get my car. ‘cause my daughter`s never driven my car before.
Mm-hmm . And we left. And then my brother showed up like half an hour, 40 minutes
later.
[10:47 PM / 02:50]
Speaker 1: Okay.
[10:47 PM / 02:51]
Speaker 2: What time was that roughly that he came over? | have no idea. Have to ask my kids.
That`s
[10:47 PM / 02:56]
Speaker 1: Okay. Okay. Alright. And you, you, so, and then in the first instance when he came over
and that you just pretty much tried to calm him down. Well, sorry, you had a bit of, a bit of an
argument. Well,
[10:47 PM / 03:06]
Speaker 2: / told him not | that, and that was the agreement when | moved in, like, don`t come here
drunken off your face. Yep.
[10:47 PM / 03:12]
Speaker 1: And then,
[10:47 PM / 03:12]
Speaker 2: But he did. And then he started to get aggressive and | asked him to leave. He wasn`t
leaving. | rang Dale, Dale came with Tanya, his girlfriend to pick him up.
[10:47 PM / 03:21]
Speaker 1: Yep. Dale and Tanya. And
[10:47 PM / 03:22]
Speaker 2: Then it just turned into what it is. And,
[10:47 PM / 03:26]
Speaker 1: And where did he get the bat from? It
[10:47 PM / 03:27]
Speaker 2: Was in the car. In
[10:47 PM / 03:29]
Speaker 1: Whose car? Like Dale`s car in the truck. In Dale`s car in the trunk. Okay. Is that, do you
know who, who, whose bat that is, does that belong to Dale`s? That`s
[10:47 PM / 03:36]
Speaker 2: Kenny`s because it`s got signatures on it and it used to live in the garage at mom and
dad`s house. Okay.
[10:48 PM / 03:42]
Speaker 1: And what, so he just grabbed the bat and then what did he do? He
[10:48 PM / 03:45]
Speaker 2: Hit me in the back of the head with it.
[10:48 PM / 03:47]
Speaker 1: Yeah. Do you know how many times? Twice. Twice? Okay. And how did, how did that
make you feel? And then
[10:48 PM / 03:51]
Speaker 2: That`s how | think | got the blood here and the mark on my finger.
[Page 31 - Tesseract]
[10:48 PM / 03:55]
Speaker 1: Okay.
[10:48 PM / 03:56]
Speaker 2: /s ‘cause | wrestled it off in Yeah. ‘cause | wasn`t gonna be at a third time. Yeah. Did this
all happen? Um, outside on the driveway? It was out here? Yeah. In the like driveway. In the
driveway. Driveway
[10:48 PM / 04:07]
Speaker 1: Driver park. Yeah. Okay. Yeah. All right, cool. And then pretty much Dale and Tanya was
it, sorry Tanya that just
[10:48 PM / 04:13]
Speaker 2: Tanya restrained Kenny? Yeah, like my brother because he was trying to get out, like to
beat the living shit outta me.
[10:48 PM / 04:19]
Speaker 1: Yeah. Okay.
[10:48 PM / 04:21]
Speaker 2: And yeah, then they took him over.
[10:48 PM / 04:23]
Speaker 1: Alright. No worries. Look, we have your details. Um, we`re obviously just gonna do some
follow up. Um, yeah, | think the most important thing is that you go to the hospital and just get Yeah.
Treated first, uh, once
[10:48 PM / 04:35]
Speaker 2: And you can check with Cabra Mata police. ‘cause I`m pretty sure it was Cabra Mata
police that showed up at Mbar Street this afternoon.
[10:49 PM / 04:41]
Speaker 1: Okay. And yeah. So look, just go, go to the hospital, get yourself checked up, we`ll do
some follow up. And then once you are in a better state, then we ll come back and grab a statement
from you. Okay. My kids are
[10:49 PM / 04:51]
Speaker 2: Okay.
[10:49 PM / 04:51]
Speaker 1: Yeah, yeah, they`re fine. They`re fine. Okay. Alright. Get well. Thank you. Sorry. Just
watch your, uh, go on the.
[Page 32 - Tesseract]
Evidence Title: Axon Body 4 Video 2025-08-26 2222 D02E00714
This transcript is unverified.
An unverified transcript may have been generated through a combination of speech-to-text
technology and human edits. As a result, it may contain errors, so please refer to the
corresponding evidence.
Last edited by
This transcript starts at Aug 26, 2025 10:22 PM +10:00 and is 4m 37s in length
[10:22 PM / 00:07]
Speaker 1: What`s a cop? What time that Kaylene Kaylene
[10:22 PM / 00:10]
Speaker 2: Mom. Hi Kaylene. Hi. Hi. It`s just the police. I`ve just got the ambulance here next to me.
They just wanna get you checked up. Is that all right? Yeah.
[10:22 PM / 00:18]
Speaker 3: We`ll get them to assess you then we`ll have a chat after. Alright.
[10:22 PM / 00:21]
Speaker 2: Are you daughter?
[10:22 PM / 00:23]
Speaker 3: Yes, I`m eldest daughter and youngest daughter.
[10:22 PM / 00:25]
Speaker 2: Okay. Can we have a chat to you guys outside? Yeah. In the meantime?
[10:22 PM / 00:28]
Speaker 3: Of
[10:22 PM / 00:28]
Speaker 1: Course you can. Hello? What`s your name?
[10:22 PM / 00:36]
Speaker 3: What? My name`s Rena Rhiannon. Okay. Okay. Um, | just, | know we`re just from Fairfield
Police. Okay. Our cameras are just on. Yeah, that`s fine. Um, what`s happened today? Yeah. So Mum
called me, | work in Paramount. Yeah. She called me around four o`clock asking me to come home
because | understand there was a disturbance at my uncle`s residence, which is a couple of streets
away. Okay. Um, just so | could get her car here. Yeah. Um, and look after my little sister. Yeah. So |
headed home. Um, we picked up a car, came here. That was fine. Just went about our day. And then,
um, my uncle came here, um, and he normally accesses this part of the house through the garage,
which goes into the granny flat, which is separate from the main house. Yep. Mm-hmm .
Um, and then mom pretty much came out and said like, why are you here?
[10:23 PM / 01:24]
Speaker 3: Yeah. Um, he became very aggressive. So my mom called his housemate. Yeah. His
housemate came over to try and diffuse the situation, try and take him back home. Katie and | were
inside at this point. So this is just what mom`s told us. Yeah. Okay. Um, basically he had a wooden
bat, which she has somewhere. Yep. Um, and he`s hit her at the back of the head, um, cupboard.
Okay. He`s hit her at the back of the head. She`s tried to get the bat off him. Um, |, and then, | dunno if
he scratched her off, maybe it was like the bat itself. This is a photo of her hand | took. Okay. Okay.
So this is her brother and then it`s like this is her brother? Yeah. Okay. And then that`s just like little
scratches. Um, we`ve always had issues with him of aggression. Yeah. Yeah. Um, but since we`ve
lived here, which is about a year and a half, it`s never been this bad. Yeah. So who lives here? So
other, the three of us over here. Okay. And he, does he regularly come over? He`s here all the time.
[Page 33 - Gemini]
Okay. And so did you two see or hear the assault? Like what happened? We, we could hear voices, but we couldn`t make out what happened. I kicked
[10:24 PM / 02:30]
Speaker 4: Out the window, my mom knew and I still, um, just them trying to use the situation. I saw my uncle like try to go for my mom and then I went to my sister
[10:24 PM / 02:40]
Speaker 3: To Okay. But neither of you saw him sort hit her with the bat? No. No. Okay. No. But his house, your but mate and is it your bat, like No. No, he came with it. Um, and his house mate and girlfriend were here and witness the altercation, so. Okay. Does he suffer from
[10:25 PM / 02:58]
Speaker 4: Any uh, schizophrenia.
[10:25 PM / 02:59]
Speaker 3: Schizophrenia. Okay.
[10:25 PM / 03:00]
Speaker 4: He, he normally comes here with like weapons sometimes. Like my mom has a few hammers of
[10:25 PM / 03:05]
Speaker 3: His that he, that he just brings over. Okay. Yeah. Um,
[10:25 PM / 03:08]
Speaker 2: This is your uncle? Yeah, this is
[10:25 PM / 03:09]
Speaker 3: My uncle, yes.
[10:25 PM / 03:10]
Speaker 4: And how, um, mesh up there. Okay. Sorry.
[10:25 PM / 03:12]
Speaker 2: That`s alright. Um,
[10:25 PM / 03:13]
Speaker 4: `cause he tried to like.
[10:25 PM / 03:15]
Speaker 3: Get into the house one time. Broke this
[10:25 PM / 03:17]
Speaker 2: Match
[10:25 PM / 03:17]
Speaker 3: When we changed the locks.
[10:25 PM / 03:19]
Speaker 2: Okay. Um, sorry. So and how is, like, he`s your uncle, but who is he to mom? My
[10:25 PM / 03:25]
Speaker 3: Mom`s brother.
[10:25 PM / 03:26]
Speaker 2: Older brother, okay. Older brother. Okay. Yeah. And you, you mentioned something mentioned something about a housemate or something earlier.
[10:25 PM / 03:32]
2
[Page 34 - Tesseract]
Speaker 3: Yeah. So his housemate, so he lives with a friend. Yeah. And the friend has a girlfriend.
So those two people were here
[10:25 PM / 03:39]
Speaker 2: To, were they, what were they doing when they were here?
[10:26 PM / 03:41]
Speaker 3: They were trying to get him back home.
[10:26 PM / 03:43]
Speaker 2: Oh, okay. Yeah. So they would`ve seen the situation?
[10:26 PM / 03:46]
Speaker 3: Yeah, they witnessed the whole situation.
[10:26 PM / 03:48]
Speaker 2: Okay. Alright. Look, we`ll obviously just get mum checked up first. Yes. Um, I`ll see what,
yeah, I`ll have to have a chat to mom and see what the goal is, but, but sorry. Most likely we`ll need to
get a statement from both of you. Yeah, that`s fine. Statement from the housemates and then Yep.
Um, and then just go from there. | guess
[10:26 PM / 04:08]
Speaker 3: We are just a little bit worried like if mom goes to hospital, um, what we should be doing
because he only lives like three streets away. Yeah. Okay. Um, I`ll obviously he can gain access.
[10:26 PM / 04:20]
Speaker 2: Look, he is, uh, let`s just wait. Yeah, I`ll see how mom`s feeling. |, | just need to have a
quick chat to mom once I`ve got a quick version from her. Yep. Um, then I`ll let you know what we`ll
do. Yeah,
[10:26 PM / 04:30]
Speaker 3: No worries. Okay, no worries.
[10:26 PM / 04:32]
Speaker 2: Um, alright. In the meantime we`ll just grab details from you guys. Yeah.
[10:26 PM / 04:35]
Speaker 3: Yeah, that`s fine.
[Page 35 - Gemini]
[Page 36 - Tesseract]
Evidence Title: Axon Body 4 Video 2025-08-26 2222 D02E09455
This transcript is unverified.
An unverified transcript may have been generated through a combination of speech-to-text
technology and human edits. As a result, it may contain errors, so please refer to the
corresponding evidence.
Last edited by
This transcript starts at Aug 26, 2025 10:22 PM +10:00 and is 5m 0s in length
[10:22 PM / 00:31]
Speaker 1: /s it call? Oh, what`s mom`s name? Kaylene. Kaylene. Mom. Hi, Kaylene.
[10:22 PM / 00:36]
Speaker 2: Hi. Hi. It is just the police. I`ve just got the ambulance here next to me. They just want to
get you checked up. Is that all right?
[10:22 PM / 00:41]
Speaker 1: Yeah, that`s, we`ll get them to assess you, then we`ll have a chat after. Yes. Um, August`s
daughter and Yeah. I`m so sorry. No, don`t be silly. What were your names? Sorry? My name`s
Rhiannon. Rhiannon and, uh, Katie. Katie. Okay. Um, | just let you know we`re just from Fairfield,
please. Okay. Our cameras are just on. Yeah, that`s fine. Um, what`s happened today? Yeah. So
mom called me, | work in Paramount. Yeah. She called me around four o`clock asking me to come
home. Mm-hmm . Because | understand there was a disturbance at my uncle`s
residence, which is a couple of streets away. Okay. Um, just so | could get her car here, um, and look
after my little sister. Yeah. So | headed home. Um, we picked up a car, came here. That was fine.
Just went about our day. And then, um, my uncle came here, um, and he normally accesses this part
of the house through the garage, which goes into a granny flight, which is separate from the main
house.
[10:24 PM / 01:43]
Speaker 1: Yep. Mm-hmm . Um, and then mom pretty much came out and said like, why
are you here? Yeah. Um, he became very aggressive. So my mom called his housemate. Yeah. His
housemate came over to try and diffuse the situation, try and take him back home. Katie and | were
inside at this point. So this is just what mom`s told us us. Yeah. Okay. Um, basically he had a wooden
bat, which she has somewhere. Yep. Um, and he`s hit her at the back of the head. Okay. Okay. He`s
hit her at the back of the head. Yep. She`s tried to get the bat off him. Um, and then | don`t know if he
scratched her off. Maybe it was like the bat itself, photo of her hand | took. Okay. Okay. So this is her
brother? This is her brother? Yes. Okay. And then that`s just like little scratches. Um, we`ve always
had issues with him of aggression. Yeah. Um, but since we`ve lived here, which is about a year and a
half, it`s never been this bad. Yeah. So who lives here? So the three of us live here. Okay. And he,
does he regularly come over? He`s here all the time. . Okay. And so did you two see or hear
the assault? Like what happened? We, we could hear voices, but we couldn`t make out what
happened. 1, out the window my mom. Yeah. And | saw, um, just them
[10:25 PM / 02:58]
Speaker 3: Trying to diffuse the situation. | saw my uncle like try to go from my mom and then | went
to my sister
[10:25 PM / 03:04]
Speaker 1: To, yeah. Okay. Did but neither of you saw him, saw him, hit her with the bat? No. No.
Okay. No. But is it your ba mate? Is it your bat? Like, or he came with it? He came with it. Um, and his
house mate and girlfriend were here and witness the altercation, so. Okay. Does he suffer from any
uh, schizophrenia. Schizophrenia. Okay.
[10:25 PM / 03:25]
Speaker 3: Normally comes here with like weapons sometimes. Like my mom has a few hammers
[Page 37 - Gemini]
[10:25 PM / 03:28]
Speaker 1: Of here that he, that he just brings over. Okay. Yeah. This
[10:25 PM / 03:32]
Speaker 2: Is your uncle? Yeah,
[10:25 PM / 03:32]
Speaker 1: This is my uncle, yes. And how,
[10:25 PM / 03:34]
Speaker 3: Um, me up there. Hang on, sorry. That`s alright. Um, `cause he tried to like
[10:25 PM / 03:39]
Speaker 1: Get into the house one time. Yeah, he broke this much when we changed the locks.
Okay.
[10:26 PM / 03:43]
Speaker 2: Um, sorry. So and how is like, he`s your uncle, but you, is he two mom?
[10:26 PM / 03:49]
Speaker 1: My mom`s brother. Older brother.
[10:26 PM / 03:50]
Speaker 2: Okay. Older brother. Okay. Yeah. And you, you mentioned something mentioned
something about a housemate or something earlier.
[10:26 PM / 03:56]
Speaker 1: Yeah. So his housemate, so he lives with a friend. Yep. And the friend has a girlfriend. So
those two people were here.
[10:26 PM / 04:03]
Speaker 2: Were they, what were they doing when they were
[10:26 PM / 04:05]
Speaker 1: Here? They were trying to get him back home.
[10:26 PM / 04:07]
Speaker 2: Oh, okay. Yeah. So they would`ve seen the situation?
[10:26 PM / 04:09]
Speaker 1: Yeah, they witnessed the whole situation. Okay.
[10:26 PM / 04:13]
Speaker 2: Alright. Look, we`ll obviously just get mom checked up first. Yes. Um, I`ll see what, yeah,
I`ll have to have a chat to mom and see what the goal is because Mo mo, sorry. Most likely we`ll need
to get a statement from both of you.
[10:26 PM / 04:26]
Speaker 1: Yeah, that`s fine. Statement
[10:26 PM / 04:27]
Speaker 2: From the housemates and then Yeah.
[10:26 PM / 04:30]
Speaker 1: Um,
[10:26 PM / 04:31]
Speaker 2: And then just go from there. I
[Page 38 - Tesseract]
[10:26 PM / 04:32]
Speaker 1: Guess we are just a little bit worried like if mom goes to hospital, um, what we should be
doing because he only lives like three streets away. Yeah. Yeah. Um, and obviously he can gain
access.
[10:27 PM / 04:44]
Speaker 2: Look is, uh, let`s just wait. Yeah, I`ll see how mom`s feeling. I, | just need to have a quick
chat to mom once | got a quick version from her. Yep. Um, then I`ll let you know what
[10:27 PM / 04:53]
Speaker 1: We`ll do. Yeah, no worries. Okay, no worries.
[10:27 PM / 04:55]
Speaker 2: Um, alright. In the meantime we`ll just grab details from you guys. Yeah.
[10:27 PM / 04:58]
Speaker 1: Yeah, that`s fine.
[Page 39 - Gemini]
[Page 40 - Gemini]
There is no handwritten text in the image. All text is typed.
[Page 41 - Gemini]
[10:14 AM / 01:35]
Speaker 1: Two
[10:14 AM / 01:35]
Speaker 2: Witnesses. Yep. I
[10:14 AM / 01:37]
Speaker 1: Saw it happen.
[10:14 AM / 01:38]
Speaker 2: Okay.
[10:14 AM / 01:39]
Speaker 1: She hit me first.
[10:14 AM / 01:40]
Speaker 2: Okay. I was
[10:14 AM / 01:41]
Speaker 1: Defending myself.
[10:14 AM / 01:42]
Speaker 2: Okay.
[10:14 AM / 01:43]
Speaker 1: I fell. I had a bad four. My, my neck doesn`t move
[10:14 AM / 01:49]
Speaker 2: Anymore. That, that`s, that`s fine. So what`s gonna happen with, we`re gonna, what`s
gonna happen, we`re gonna take you back to Fairfield Police Station and, and make commence some
inquiries, okay? Yeah.
[10:14 AM / 01:59]
Speaker 1: But before we go, my mom wants out of that house.
[10:15 AM / 02:05]
Speaker 2: Oh, okay. Yeah. We`ll sort that about later, okay? Yeah. All right. Do you mind getting up
for us so we can get out of here? I`ll
[10:15 AM / 02:13]
Speaker 1: Mom with car. You,
[10:15 AM / 02:17]
Speaker 2: You can if you like, but she wanted
[10:15 AM / 02:19]
Speaker 1: To
[10:15 AM / 02:21]
Speaker 2: Now you, you can if you like, but Yeah, but that`s
[10:15 AM / 02:24]
Speaker 1: Where we were going. We were walking out
[10:15 AM / 02:27]
Speaker 2: To the police station to
[10:15 AM / 02:29]
Speaker 1: Go out there and get the lady.
[Page 42 - Gemini]
[10:15 AM / 02:32]
Speaker 2: Oh, okay. Alright. If you wanna hop up mate, we`ll, um, head out of here. Okay. Come.
You get your gloves on. We`ll give him a search to get your gloves on.
[10:15 AM / 02:42]
Speaker 1: I see you later. Yep. I don`t need cuff, so can`t
[10:15 AM / 02:53]
Speaker 2: Hear me. No, we won`t. We`re just gonna give you a quick search and then we`ll get out
here. Okay mate. All good. No, we`ll go around the corner so no one`s watching you. All right.
[10:15 AM / 03:00]
Speaker 1: Do you wanna go for here?
[10:15 AM / 03:03]
Speaker 2: Oh, okay. Kenneth, we`ll go to the right mate. We`ll go for here. Yeah. Oh, I`ve got one
under arrest just that way. Kenneth, you go through that way
[10:16 AM / 03:19]
Speaker 1: Here.
[10:16 AM / 03:20]
Speaker 2: No, no, no. He`s all, yeah, he`s alright. I`ve got it on. No, it`s all good. That`s all. It`s just a
handover job, Jen.
[10:16 AM / 03:29]
Speaker 1: You can`t bring your mom. She`ll be sitting when you get into custody. She can`t come in
with you anyways. Yeah. So you won`t be together anyway.
[10:16 AM / 03:37]
Speaker 2: All she can do is wait at the foyer, at the police station. Okay.
[10:16 AM / 03:40]
Speaker 3: That`ll do,
[10:16 AM / 03:41]
Speaker 2: But she can`t come in.
[10:16 AM / 03:44]
Speaker 1: Fuck.
[10:16 AM / 03:54]
Speaker 2: Sorry, what? I scary.
[10:17 AM / 04:07]
Speaker 1: /
[10:17 AM / 04:16]
Speaker 2: Kenneth, Kenneth this way here for a mate. I wanna give you a quick search before we
go any further, okay? Alright. So offsider, here`s gonna give you a search, all right? Yeah.
[10:17 AM / 04:23]
Speaker 3: I`ve got cheese, man.
[10:17 AM / 04:26]
Speaker 1: Um,
[10:17 AM / 04:27]
[Page 43 - Gemini]
Speaker 2: So turn around for us, Kenneth. Turn around and keep your hands outta your pockets, Okay? I got $5. That`s fine. Keep your hands outta your pockets, okay? And give them over.
[10:17 AM / 04:36]
Speaker 1: I got
[10:17 AM / 04:36]
Speaker 2: Nothing. So, up
[10:17 AM / 04:38]
Speaker 3: On the wall. Up on the wall. Remember pop used to do that to me? He was a police inspector.
[10:17 AM / 04:48]
Speaker 2: Okay?
[10:17 AM / 04:49]
Speaker 3: But he used to do it for a joke. If you left the house, you`d take I got a fifth,
[10:17 AM / 04:54]
Speaker 2: Fifth one, six. Yeah, I`ve got one in custody. I don`t need Bella a car.
[10:18 AM / 05:19]
Speaker 1: Take
[10:18 AM / 05:19]
Speaker 3: Shoes off. But you`re gonna have to put them on
[10:18 AM / 05:22]
Speaker 1: Very hard. We`re gonna need to take your shoes off.
[10:18 AM / 05:28]
Speaker 2: This. So I go down and grab the car?
[10:18 AM / 05:30]
Speaker 1: Yeah, I`ll go grab.
[10:18 AM / 05:32]
Speaker 2: Oh, I`ll take that one. Alright. I, I can see if I, I`ll hold onto `em until we get to the station. I can see you`ve got some jewelry on. Can you take that off for us? Kenneth? Yeah, mate. Like your, um, your necklace, your rings, and your earrings. If that`s okay, mate.
[10:18 AM / 06:00]
Speaker 1: No, you got cops on
[10:19 AM / 06:04]
Speaker 4: Copy three, seven
[10:19 AM / 06:19]
Speaker 2: And just your earrings if you can look, Kevin, just your earrings if you can,
[10:19 AM / 06:23]
Speaker 1: Can you get I can`t do it. I can`t do it.
[10:19 AM / 06:55]
Speaker 2: I don`t wanna deal with these hands as I, I might, these gloves, I might rip `em off your ear. Um, we`ll leave them for the meantime. Okay?
[10:20 AM / 07:05]
Speaker 1: Do you
[Page 44 - Gemini]
[10:20 AM / 07:05]
Speaker 2: Want a glass? Yeah, if you `em on. Yeah, yeah, thanks. We`re just gonna get the car. So if you wanna wait in the driveway, he`s stop here. We`ll grab the car for her up.
[10:20 AM / 07:24]
Speaker 1: I`ve done nothing
[10:20 AM / 07:25]
Speaker 5: Wrong
[10:20 AM / 07:38]
Speaker 4: Morning. If you covered the from 13 there, one four off, still head there. Um, and then hopefully I three up 19th.
[10:20 AM / 07:51]
Speaker 2: Yes, he`s come up now. May and walk. Stay on the road here. Just walk to the road mate. The car sits up here.
[10:20 AM / 08:03]
Speaker 1: I get you in the back seat. Not in the back.
[10:21 AM / 08:06]
Speaker 2: No, I`ve gotta put you in the back mate. I can`t have you in the back seat. Kill me. There`s three of us, mate. We can`t fit you in there. And there`s all bags and stuff in there. All right.
[10:21 AM / 08:26]
Speaker 1: So
[10:21 AM / 08:26]
Speaker 2: Leave all some gloves on. I`ll give you a hand. All right. Is this, this a dressing gown or something? What`s this for? It`s
[10:21 AM / 08:59]
Speaker 3: For my mom`s dressing gown.
[10:21 AM / 09:00]
Speaker 2: It`s your mom`s dressing gown. Keep
[10:21 AM / 09:02]
Speaker 3: Me.
[10:22 AM / 09:05]
Speaker 2: Okay. Alright. There`s nothing in your shoes?
[10:22 AM / 09:09]
Speaker 4: No.
[10:22 AM / 09:09]
Speaker 2: Can you just take `em off? I can`t have a look.
[10:22 AM / 09:12]
Speaker 3: I just asked you if you, I I can`t take them.
[10:22 AM / 09:15]
Speaker 2: You can`t. They`re very tight.
[10:22 AM / 09:20]
Speaker 4: They`re
[Page 45 - Gemini]
[10:22 AM / 09:20]
Speaker 3: Tight. I got nothing mate.
[10:22 AM / 09:29]
Speaker 2: How many socks you got on mr one? Yeah.
[10:22 AM / 09:32]
Speaker 3: I don`t tell, I won`t be able to put them back on again.
[10:22 AM / 09:44]
Speaker 2: Just shove `em in there if you want. Just shove your sock in there. Just do the same with
the other one? Yeah,
[10:23 AM / 10:26]
Speaker 6: The address.
6
[Page 46 - Tesseract]
PROVISIONAL ORDER
Apprehended domestic
violence order - Kenneth William MCMANUS
Crimes (Domestic and Personal Violence) Act 2007
Kenneth William MCMANUS, you must follow the orders below. It is a criminal
offence not to follow these orders. You could be arrested by police and charged. If
you are convicted, you could go to prison for up to 5 Years and be fined up to
$16,500.
You could also be charged with other criminal offences. If you are convicted of these
offences, you could receive a much higher penalty.
You must follow these orders everywhere in Australia.
You must follow these Order(s) until it is revoked or a further order made by the Court becomes effective.
The Order(s) have been made to protect Kayleen MCMANUS, Kaity ABSALOM.
You must follow these orders even if Kayleen MCMANUS, Kaity ABSALOM don`t want you to or tell you that
you don`t need to. If you attempt to do any of the things below, it will still be a criminal offence called a breach.
You must attend Fairfield Local Court (Cnr Court Rd & Spencer St FAIRFIELD NSW 2165) on Monday, 01
September 2025 at 09:30 AM.
If you fail to attend the court may make orders against you or issue a warrant for your arrest to bring you before
the court.
Orders about behaviour
1. You must not do any of the following to Kayleen MCMANUS, Kaity ABSALOM, or anyone they have a
domestic relationship with:
A) assault or threaten them,
B) stalk, harass or intimidate them,and
C) intentionally or recklessly destroy or damage any property or harm an animal that belongs to
or is in the possession of Kayleen MCMANUS, Kaity ABSALOM
For example:
- You must not do any of these things in person, through another person, or through electronic
communication and devices (for example, by phone, text messages, emails, Facebook or
other social media, or GPS tracking).
- You must not do or say anything that may make Kayleen MCMANUS, Kaity ABSALOM feel
frightened, or feel that you may harm them or damage their belongings in any way, including
any jointly owned property and pets.
Application No: 22726440 Date: 29/08/2025 1:39PM Court; Fairfield Local Court Page 10f 7
[Page 47 - Gemini]
Orders about contact
2. You must not approach Kayleen MCMANUS, Kaity ABSALOM or contact them in any way, unless the contact is through a lawyer.
For example:
You must not approach or contact Kayleen MCMANUS, Kaity ABSALOM in person or
through electronic communication (for example, by phone, text messages, emails, or
Facebook or other social media) or by any other means,including by asking someone else
to contact them.
If Kayleen MCMANUS, Kaity ABSALOM contact you and you reply, no matter how many
times they contact you or the reason for doing it, you will be breaching this order.
Orders about where you cannot go
9. You must not go within 100 Metres of:
A) any place where Kayleen MCMANUS, Kaity ABSALOM live, or
B) any place where they work, or
C) any of the following places:
51 MARGARET ST, FAIRFIELD WEST, NSW, 2165
For example:
You are not allowed to go within 100 Metres of the boundary of those places.
If you have been living at this address and need to pick up any of your belongings, you can
apply to the court for a Property Recovery Order or you can contact police.
AUTHORISATION OF PROVISIONAL ORDER
Senior Police Officer:
Name: MADERN,ANDRE
Station: FAIRFIELD CITY PAC
Date: 29/08/2025
Time: 13:39
Application No: 22726440 Date: 29/08/2025 1:39PM Court: Fairfield Local Court Page 2 of 7
[Page 48 - Tesseract]
Most relationships do not include fear, control or violence. You are now part of a minority of people
who has one of these orders, and this is recorded on the NSW Police system.
When children are exposed to violence in the home, they are much more likely to suffer from depression,
anxiety and aggression, and they do worse at school.
Many people take this as a turning point.
If you would like to talk to someone about managing your emotions or stresses, help is available. Call:
Men`s Referral Service on 1300 766 491
Relationships Australia on 1300 364 277
The Parent Line on 1300 1300 52.
If you breach this order:
You could go to prison for up to 5 Years and be fined up to $16,500.
You could be charged with other criminal offences (for example, assault or intimidation), as well as the
breach of this order. If convicted of these offences, you could receive a higher penalty, such as more time
in prison.
Immediately take all firearms and prohibited weapons, along with related licences and permits you have to the
police. If you keep any of these, you could be in breach of this order and could also be charged with other
criminal offences.
If you have any questions about the order, you can contact:
a solicitor
Legal Aid NSW on (02) 9219 5000
Local Police Station and ask for the Domestic Violence Liaison Officer(if you are the protected person)
Law Access NSW on 1300 888 529 or www.lawaccess.nsw.gov.au
Interpreting Services on 131 450 or www.lisnational.gov.au .
Application No: 22726440 Date: 29/08/2025 1:39PM Court: Fairfield Local Court Page 3 of 7
[Page 49 - Gemini]
Defendant: Kenneth William MCMANUS, Male, 07/05/1960, CNI 7967003
To protect: Kayleen MCMANUS, Female, 55 - 55, CNI 763449789,
Kaity ABSALOM, Female, 07/08/2008, CNI 825777973
Applicant Name: CON RAVINEIL DEO
Address: 40-42 SMART ST FAIRFIELD NSW 2165
Telephone: 02 9728 8399
Police Application ID: 22726440
Police Application Event Number: 85030147
Court Date: Monday, 01 September 2025 09:30 AM
Court: Fairfield Local Court
Nationally Recognised DVO
Application No: 22726440 Date: 29/08/2025 1:39PM Court: Fairfield Local Court Page 4 of 7
[Page 50 - Tesseract]
APPLICATION (to be heard at court)
Grounds of the Application:
Reasons for making this application and the duration sought:
The applicant is seeking an apprehended domestic violence order for a period of: 2 Years
The reasons the applicant is making an application for an apprehended domestic violence
order and seeks the period specified above are as follows
The defendant in the matter is Kenneth MCMANUS, born 7th of May 1960
The PINOP in the matter is Kayleen MCMANUS.
The PINOP and the defendant are brother and sister. The defendant resides at 85 Malabar
Street Canley Vale with 2 roommates being Dale Sicily and Tanya herein referred to as the
witness` in the matter.
The PINOP resides at 51 Margaret Street Fairfield West with her 2 daughters aged 17 and
29. The defendant would occasionally attend to the granny flat located at the rear of 51
Margaret Street Fairfield West.
On Tuesday the 26th of August 2025 at 10.00am, the defendant and PINOP were at 85
Malabar Street Canley Vale, where they consumed alcohol beverages. During this time the
PINOP brought up issues relating to their family. Due to their level of intoxication the PINOP
became highly emotional and the defendant becoming angry causing a heated verbal
argument.
As a result, the PINOP contacted police assistance line requesting police as the defendant
was unstable and aggressive.
Police arrived a short time later and mediated the situation by conveying the PINOP back to
residential address being 51 Margaret Street Fairfield West. The PINOP was left in the care
of both her daughters. NSW Ambulance attended a short time later and assessed the
defendant to where it was determined that he was not required to attend hospital.
At about 6.45pm on the same day, the PINOP was at her residence to where she observed
a noise coming from the garage. The PINOP walked over to the garage and observed the
defendant trying to walk into the premise towards the rear granny flat.
Due to the earlier incident, the defendant and the PINOP engaged in another heated verbal
argument. The PINOP requested the defendant to leave multiple times to which he refused
to do so. As a result, the PINOP contacted the witness’ to take the defendant back home.
A short time later the witness` attended to the PINOPs address and attempted to usher the
defendant into the vehicle to which he refused.
The defendant walked towards the witness` vehicle and grabbed a wooden bat. The
defendant used the bat and smashed it twice along the PINOP`s head causing immediate
Application No: 22726440 Date: 29/08/2025 1:39PM Court: Fairfield Local Court Page 5 of 7
[Page 51 - Tesseract]
pain, bleeding and fears for her safety. In a manner of self-defence, the PINOP snatched the
bat from the defendant and hit him with it in attempts to get him away from her.
The witness eventually intervened and ushered the defendant into their vehicle before
leaving the location.
The PINOP`s daughters came outside the premise after hearing the commotion and
observed the PINOP injured with blood along her hands and head. They also observed her
holding a wooden bat. As a result, the two daughters proceeded to contact Police and NSW
Ambulance.
NSW Ambulance and Police arrived a short time later where the PINOP was treated for her
injuries.
Police obtained a version from the PINOP on body worn video. The PINOP is willing to
provide a statement to police however due to her injuries she was required to be conveyed
to Liverpool hospital for further treatment. Police seized the wooden bat used in the incident
which was located in the PINOP`s bedroom.
The wooden bat was booked into NEXUS X0005538938 relates and forensic Job Lodged
72222 in attempts to identify blood.
The two (2) daughters attended Fairfield police station andprovided police with typed witness
statements.
About 10:20 am on Friday the 29th of August 2025 police attended SummitCare located
at11 Nyora Ave, Smithfield and activated body worn video. Police introduced themselves to
the defendant, cautioned him and placed him under arrest for assault. During the arrest the
defendant stated that the PINOP assaulted him.
The defendant was conveyed to Cabramatta Police Station where he was introduced to the
Custody Manager and explained his rights under Part 9 of the Law Enforcement (Powers
and Responsibilities) Act 2002.
Police conducted a forensic procedure on the defendant and collected his DNA via a buccal
swab R 0 927 321 relates.
The defendant was offered to partake in an electronically recordedinterview to which
disagreed.
Police applied for and were granted an Apprehended Domestic Violence Order listing the
defendant as the defendant and the PINOP along with her children as the Persons in Need
of Protection. This was served on the defendant whilst in police custody.
The defendant is now charged with the matter before the court.
Application No: 22726440 Date: 29/08/2025 1:39PM Court: Fairfield Local Court Page 6 of 7
[Page 52 - Tesseract]
Orders Sought:
The applicant asks that the court make the following orders against the defendant.
Orders about behaviour
1. You must not do any of the following to Kayleen MCMANUS, Kaity ABSALOM, or anyone they have a
domestic relationship with:
A) assault or threaten them,
B) stalk, harass or intimidate them, and
C) intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is
in the possession of Kayleen MCMANUS, Kaity ABSALOM
For example:
You must not do any of these things in person, through another person, or through electronic
communication and devices (for example, by phone, text messages, emails, Facebook or other
social media, or GPS tracking).
You must not do or say anything that make Kayleen MCMANUS, Kaity ABSALOM feel
frightened, or feel that you may harm them or damage their belongings in any way, including any
jointly owned property and pets.
Orders about contact
2. You must not approach Kayleen MCMANUS, Kaity ABSALOM or contact them in any way, unless the
contact is through a lawyer.
For example:
You must not approach or contact Kayleen MCMANUS, Kaity ABSALOM in person or through
electronic communication (for example, by phone, text messages, emails, or Facebook or other
social media) or by any other means, including by asking someone else to contact them.
If Kayleen MCMANUS, Kaity ABSALOM contacts you and you reply, no matter how many times
they contact you or the reason for doing it, you will be breaching this order.
Orders about where you cannot go
9. You must not go within 100 Metres of:
A) any place where Kayleen MCMANUS, Kaity ABSALOM live, or
B) any place where they work, or
C) any of the following places
51 MARGARET ST, FAIRFIELD WEST, NSW, 2165
For example:
+ You are not allowed to go within 100 Metres of the boundary of those places.
If you have been living at this address and need to pick up any of your belongings, you can apply
to the court for a Property Recovery Order or you can contact police.
Application No: 22726440 Date: 29/08/2025 1:39PM Court: Fairfield Local Court Page 7 of 7
[Page 53 - Gemini]
No handwriting is present in the image. All text is printed.
Filename: undefined
[Page 1 - Gemini]
To be verified by Brief Manager
[Page 2 - Gemini]
There is no handwriting present in the image. All text is typed.
[Page 3 - Gemini]
Signed:
[Signature]
Name (Print): RAVINEIL DEO
[Page 4 - Tesseract]
COURT ATTENDANCE MCMANUS
NOTICE H 85529871
(DEFENDANT COPY)
Bail : BAIL
You are required to attend the FAIRFIELD LOCAL Court on Monday 20th October, 2025 at 9:30 am
DEFENDANT DETAILS
MCMANUS, Kenneth William CNI Number : 7967003
07/05/1960 Licence details
85 MALABAR ST Sex : Male
CANLEY VALE, NSW, 2166 Aboriginal : No
PROSECUTOR (NSW POLICE) DETAILS
OIC (Prosecutor) : CON RAVINEIL DEO, Fairfield City Pac
Created by : SENCON WARREN WHITE, 12:58 pm 29/08/2025
Accepted by : SGT ANDRE MADERN
Apprehended : 10:30 am on 29/08/2025 Charging station : Cabramatta Ps
Apprehended by : PROCON RICHARD HUYNH, Fairfield City Pac
DETAILS OF OFFENCE/S
Crimes Act 1900, Section 59(1) Law Part Code 64780 - T2
Assault occasioning actual bodily harm domestic violence related
between 6:50 pm and 7:01 pm on 26/08/2025 at Fairfield West.
did assault Kayleen MCMANUS thereby occasioning actual bodily harm to her.
INFORMATION FOR DEFENDANT
1. You should obtain legal advice immediately about your rights regarding this Court Attendance Notice. You may wish to contact a legal
practitioner, LawAccess (1300 888 529) or the Legal Aid Commission if you require assistance. On your first date of appearance at Court, you
should be in a position to advise the court, if required, whether you wish to plead guilty or not guilty to the alleged offences.
2. If you have a physical impairment, or require an interpreter to assist you at Court, please advise the Local Court at which you are to appear as
soon as possible.
3. If you have been charged by the Police, then the Police Officer responsible for investigating the alleged offence/s will, on request, make
arrangement for a language interpreter to assist you at Court.
4. Failure to appear may result in your arrest or in the matter being dealt with in your absence.
Printed at 7:16 pm on 12/10/2025
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There is no handwritten text in the image.
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New South Wales Police H 85529871
CAN
FACTS SHEET Cont`d
Defendant : MCMANUS, KENNETH WILLIAM
ANTECEDENTS
The accused male has a criminal history with Police and has been charged with matters of
violence, malicious damage, drugs and traffic matters with convictions recorded. The
accused has had one (1) warrant executed in 2010.
The accused is unemployed and has no dependants.
FULL FACTS
The accused in the matter is Kenneth McMANUS, born 7th of May 1960
The victim in the matter is Kayleen MCMANUS.
The victim and the accused are brother and sister. The accused resides at 85 Malabar
Street Canley Vale with 2 roommates being Dale Sicily and Tanya Sicily herein referred to as
the witness` in the matter.
The victim resides at 51 Margaret Street Fairfield West with her 2 daughters aged 17 and 29.
The accused would occasionally attend to the granny flat located at the rear of 51 Margaret
Street Fairfield West.
On Tuesday the 26th of August 2025 at 10.00am, the accused and victim were at 85 Malabar
Street Canley Vale, where they consumed alcohol beverages. During this time the Victim
brought up issues relating to their family. Due to their level of intoxication the victim became
highly emotional and the accused becoming angry causing a heated verbal argument.
As a result, the victim contacted police assistance line requesting police as the accused was
unstable and aggressive.
Police arrived a short time later and mediated the situation by conveying the victim back to
residential address being 51 Margaret Street Fairfield West. The victim was left in the care of
both her daughters. NSW Ambulance attended a short time later and assessed the accused
to where it was determined that he was not required to attend hospital.
At about 6.45pm on the same day, the victim was at her residence to where she observed a
page 2 12.10.25 19:16
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New South Wales Police H 85529871
CAN
FACTS SHEET Cont`d
Defendant : MCMANUS, KENNETH WILLIAM
FULL FACTS Cont`d.
noise coming from the garage. The victim walked over to the garage and observed the
accused trying to walk into the premise towards the rear granny flat.
Due to the earlier incident, the accused and the victim engaged in another heated verbal
argument. The victim requested the accused to leave multiple times to which he refused to
do so. As a result, the victim contacted the witness` to take the accused back home.
A short time later the witness` attended to the victims address and attempted to usher the
accused into the vehicle to which he refused.
The accused walked towards the witness` vehicle and grabbed a wooden bat. The accused
used the bat and smashed it twice along the victim`s head causing immediate pain, bleeding
and fears for her safety. In a manner of self-defence, the victim snatched the bat from the
accused and hit him with it in attempts to get him away from her.
The witness eventually intervened and ushered the accused into their vehicle before leaving
the location.
The victim`s daughters came outside the premise after hearing the commotion and observed
the victim injured with blood along her hands and head. They also observed her holding a
wooden bat. As a result, the two daughters proceeded to contact Police and NSW
Ambulance.
NSW Ambulance and Police arrived a short time later where the victim was treated for her
injuries.
Police obtained a version from the victim on body worn video. The victim is willing to provide
a statement to police however due to her injuries she was required to be conveyed to
Liverpool hospital for further treatment. Police seized the wooden bat used in the incident
which was located in the victim`s bedroom.
The wooden bat was booked into NEXUS X000°538938 relates and forensic Job Lodged
72222 in attempts to identify blood.
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New South Wales Police H 85529871
CAN
FACTS SHEET Cont`d
Defendant : MCMANUS, KENNETH WILLIAM
FULL FACTS Cont`d.
The two (2) daughters attended Fairfield police station andprovided police with typed witness
statements.
About 10:20 am on Friday the 29th of August 2025 police attended SummitCare located atl 1
Nyora Ave, Smithfield and activated body worn video. Police introduced themselves to the
accused, cautioned him and placed him under arrest for assault. During the arrest the
accused stated that the victim assaulted him.
The accused was conveyed to Cabramatta Police Station where he was introduced to the
Custody Manager and explained his rights under Part 9 of the Law Enforcement (Powers and
Responsibilities) Act 2002.
Police conducted a forensic procedure on the accused and collected his DNA via a buccal
swab R 0 927 321 relates.
The accused was offered to partake in an electronically recorded interview to which
disagreed.
Police applied for and were granted an Apprehended Domestic Violence Order listing the
accused as the defendant and the victim along with her children as the Persons in Need of
Protection. This was served on the accused whilst in police custody.
The accused is now charged with the matter before the court.
Facts Created by : SENCON WARREN WHITE Date : 29/08/2025
page 4 12.10.25 19:16
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Witness: Plemic
Signature: R. Deo
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Statement of Ravineil DEO
In the matter of Police Vs Kenneth William McMANUS
ADDRESS EARLIER TD RE SAME-POI HAS MH ISSUES-NK WEAPONS OR IF SITUATION
HAS BECOME PHYSICAL.”
7. At around 10.22pm on the same day, we arrived at 51 Margaret Street Fairfield with New South
Wales Ambulance, to where | walked up to the porch and observed a female hunched over a
table. | then proceeded to activate my police body worn video camera and identified the female
to be Kayleen MCMANUS.
8. During this time, | observed two females who | later identified to be Kaity and Rhiannon, to step
outside so that | can make relevant enquiries on what`s going on. | then observed Constable
SIMONIAN speak with both females making enquiries. During this time they informed me that
there Uncle Kenneth MCMANUS assaulted there mother being Kayleen Mc MANUS.
EXHIBIT: | NOW PRODUCE BWV - CST DEO
EXHIBIT: | NOW PRODUCE BWV —- CST DEO TRANSCRIBED
9. Whilst making the relevant enquiries both Kaity and Rhiannon, informed us that the bat used in
the assault was taken into the bedroom of the house. | then attended to the bedroom and to
where Kaity and Rhiannon, showed me the bat that was used. Both Constable SIMONIAN and
| observed the bat to be wooden with what we believed to be blood stains around it. We then
proceeded to seize the bat.
EXHIBIT: | NOW PRODUCE 3 X COLOURED PHOTOS OF THE BAT LOCATED IN THE
BEDROOM.
10. A short time later | was notified by NSW Paramedics that Kayleen McMANUS will need to
attend hospital for slight bleeding and possible injuries to her hand and head. During this time |
proceeded to activate my body worn video camera and obtain a version from Kayleen
McMANUS on was happened.
EXHIBIT: | NOW PRODUCE BODY WORN VIDEO OF KAYLEEN MCMANUS.
Witness: an Signature: dd
Nikola PLEMIC Ravineil DEO
Constable Constable
Fairfield Police Area Command Fairfield Police Area Command
21 January 2026 21 January 2026
Page 2 of 4
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Statement of Ravineil DEO
In the matter of Police Vs Kenneth William McMANUS
She said: “he showed up. He drunk off his face on Valium. | tried to talk calmly to him. | told
him to leave. He didn`t want to leave. Got into a verbal argument. He started to leave. | rang
his, the, like the person he lives with. Said, come and get him. So Dale and Tanya came and
picked him up. My brother started to get aggressive. He went into the car and I`m like, bro, |
only rang the police earlier with the ambulance to try and help you cause you need mental
health. And then he is grabbed a bat, smacked me over the back of the head, with it a couple
of times. | dragged the bat off him”
11. A short time later | then requested Kaity and Rhiannon to attend Fairfield police station to
obtain witness statements regarding on what happened, to which they agreed.
12. We then left the location and attended Fairfield police station.
13. | then tasked Constable SIMONIAN to obtain witness statements from both Kaity and
Rhiannon.
EXHIBIT — | NOW PRODUCE WITNESS STATEMENT OF KAITY ABSOLOM
EXHIBIT — | NOW PRODUCE WITNESS STATEMENT OF RHIANNA ABSOLOM
14. I`ve received the above statements from Constable SIMONIAN and proceeded to complete
relevant paperwork.
15. At around 1.00am on Wednesday the 27` of August 2025, we attended 85 Malabar Street
Fairfield to arrest Kenneth William MCMANUS with no luck.
16. On Tuesday the 2` of September 2025, Kayleen McMANUS attended Fairfield Police station to
where she provided me with a typed statement and medical records/discharge summary of her
time at the hospital.
EXHIBIT: | NOW PRODUCE MEDICAL RECORDS / DISCHARGE SUMMARY
17. 1 then returned to my regular duties.
Witness: Ud Lgnature: ya
Nikola PLEMIC Ravineil DEO
Constable Constable
Fairfield Police Area Command Fairfield Police Area Command
21 January 2026 21 January 2026
Page 3 of 4
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Plemllo
Rao
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CT
SISTER
ATTEND HIS ADDRESS
Armin OMERBASIC
Samantha SIMONIAN
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Statement of Samantha SIMONIAN
In the matter of Police v MCMANUS
EARLIER TD RE SAME--POI HAS MH ISSUES--NK WEAPONS OR IF SITUATION HAS
BECOME PHYSICAL
7. Constable DEO and | arrived at 51 Margaret St, Fairfield West at 10:20pm. We walked up on to
the porch, and | saw a female, who | now know to be the victim Kayleen McMANUS hunched
over on the chair. She was conscious and breathing. Subsequently, paramedics attended to
assess Kayleen before we spoke with her.
8. | then spoke with two females who | now know to be the daughters of Kayleen, Kaity and
Rhiannon.
| said — I`ll just let you know were from Fairfield Police, our cameras are on.
EXHIBIT — 1 NOW PRODUCE MY BODY WORN VIDEO CAMERA FOOTAGE.
9. After speaking with Kaity and Rhiannon, they told us that a brown wooden bat was used in the
alleged assault. This was moved into one of the bedrooms inside the house. Constable DEO
and | walked into the residence and located the bat on the bed. There appeared to be some
red splatter on the bat which we believed may be blood. | seized this bat in an exhibit bag.
10. Whilst Kayleen was being assessed in the ambulance, Constable DEO and | had a brief
conversation with her before she was conveyed to hospital.
11. Kaity and Rhiannon agreed to attend Fairfield Police Station where | obtained witness
statements from both of them.
EXHIBIT — | NOW PRODUCE WITNESS STATEMENT OF KAITY ABSOLOM.
EXHIBIT — | NOW PRODUCE WITNESS STATEMENT OF RHIANNON ABSOLOM.
Witness: Signature: | il
Armin OMERBASIC Samantha SIMONIAN
Constable Constable
Fairfield Fairfield
07 November 2025 07 November 2025
Page 2 of 3
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Statement of Samantha SIMONIAN
In the matter of Police v MCMANUS
12. After obtaining the statements, I booked in the seized brown wooden bat into police Nexus system to be forensically examined.
13. About 1:00am, Constable DEO and I attended 85 Malabar St, Fairfield to arrest the accused however we were unsuccessful.
14. We returned to our duties for the remainder of the shift and advised Fairfield Internal Supervisor of the outstanding arrest.
Witness:
Armin OMERBASIC
Constable
Fairfield
07 November 2025
Signature:
Samantha SIMONIAN
Constable
Fairfield
07 November 2025
Page 3 of 3
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Emily GREEN
Warren WHITE
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There is no handwritten text in the image. All text is typed or printed. The signatures for `Emily GREEN` and `Warren WHITE` are stylised text that appear to be printed rather than handwritten.
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OFFICIAL: Sensitive
Statement of:
Paul Simmons
Forensic Evidence and Technical Services Command,
Crime Scene Services Branch, Pemulwuy Zone
In the matter of:
Exhibit X0005538938
NSW Police Force
CAVEAT
This folio and its contents are the property of the NSW Police Force and are confidential. Unauthorised possession, storage, viewing, duplication, distribution or other usage of this material, by any means, is strictly prohibited. Ownership of this folio and its content is not relinquished by virtue of its release to a third party. If any of this material is subject to a subpoena, FOI request or other legal action, contact the Officer In Charge immediately. For enquiries contact the Officer In Charge.
Forensic Evidence and Technical Services Command, Crime
Scene Services Branch, Pemulwuy Zone
Forensic Case No: FR250054107, Exam ID: 3032067
COPS Reference: E87190277
OFFICIAL: Sensitive
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Lew Smyth
Rene Va
[Page 21 - Gemini]
OFFICIAL: Sensitive
Photographs in
the matter of: Exhibit X0005538938
Date: 27 August 2025
Forensic Case No: FR250054107, Exam ID: 3032067
NSW Police Force
PHOTOGRAPH: 1 Baseball bat, exhibit X0005538938.
© Commissioner NSW Police Force. Refer to caveat on the cover for conditions of use.
Created: 09 December 2025
Prepared By: Paul Anthony Simmons
Page 1 of 14
OFFICIAL: Sensitive
[Page 22 - Gemini]
NSW Police Force
Photographs in OFFICIAL: Sensitive
the matter of: Exhibit X0005538938
Date: 27 August 2025
Forensic Case No: FR250054107, Exam ID: 3032067
PHOTOGRAPH: 2 Red stain on baseball bat.
© Commissioner NSW Police Force. Refer to caveat on the cover for conditions of use. Prepared By: Paul Anthony Simmons
Created: 09 December 2025 OFFICIAL: Sensitive Page 2 of 14
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No handwriting detected. The image contains only printed text.
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No Care
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Andrew
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Roco
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Roger
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J. HARKER
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2025
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Louisville Slugger
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Mark McGwire
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There is no handwritten text in the image. All text appears to be printed.
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OFFICIAL: Sensitive
Photographs in
the matter of:
Exhibit X0005538938
Date:
27 August 2025
NSW Police Force
Forensic Case No:
FR250054107, Exam ID: 3032067
PHOTOGRAPH: 13
Red stain on baseball bat.
© Commissioner NSW Police Force. Refer to caveat on the cover for conditions of use.
Prepared By: Paul Anthony Simmons
Created: 09 December 2025
OFFICIAL: Sensitive
Page 13 of 14
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OFFICIAL: Sensitive
Photographs in
the matter of: Exhibit X0005538938
Date: 27 August 2025
NSW Police Force
Forensic Case No: FR250054107, Exam ID: 3032067
PHOTOGRAPH: 14 Red stain on baseball bat.
© Commissioner NSW Police Force. Refer to caveat on the cover for conditions of use. Prepared By: Paul Anthony Simmons
Created: 09 December 2025 OFFICIAL: Sensitive Page 14 of 14
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Amie Allotta
P. Simmons
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Amie Allotta
P Simmons
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A. Allotta
P. Simmons
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Amie Allotta
Paul Simmons
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NSW POLICE FORCE P190A
Version 4.51 (05/2015)
STATEMENT OF A WITNESS
In the matter of: Victim Statement of Kayleen Ann MCMANUS
Place: Fairfield Police Area Command
Date: 02 September 2025
| Name: Kayleen MCMANUS
STATES:
1. This statement made by me accurately sets out the evidence that | would be prepared, if
necessary, to give in court as a witness. The statement is true to the best of my knowledge and
belief and | make it knowing that, if it is tendered in evidence, | will be liable to prosecution if |
have wilfully stated in it anything that | know to be false, or do not believe to be true.
2. lam 55 years of age.
3. | have not used Generative Artificial Intelligence (Gen Al) in the creation of this statement or
any attached exhibits.
4. | currently reside at 51 Margaret Street Fairfield West with my 2 daughters being Kaity
ABSALOM and Rhianna ABSALOM. | reside at the front house and Kenneth MCMANUS being
my brother occasionally visits the rear granny flat.
5. Kenneth MCMANUS is my biological brother. My brother is diagnosed with paranoia,
schizophrenia and is described to be always aggressive and argumentative.
6. On Tuesday the 26` of August 2025 at around 4.00pm | was taken back to my home by police,
after drinking alcohol beverages with Kenneth MCMANUS at 85 Malabar Street Canley Vale.
7. | was then seated along my veranda at the front porch smoking a cigarette to where | heard the
front gate open. | then looked over the mesh and saw Kenneth MCMANUS walking towards the
garage door attempting to unlock it. During this time, | sat there quietly as | did not want to
converse with him or him to know | was there.
Witness: Signature: Prats: A)
avineil DEO Kayleen MCMANUS
Constable 02 September 2025
Fairfield Police Area Command
02 September 2025
Page 1 of 3
[Page 40 - Tesseract]
Statement of Kayleen MCMANUS
In the matter of Victim Statement of Kayleen Ann MCMANUS
8. |then heard a loud smash on the garage door.
9. |then immediately proceeded to contact Dale SICILY being Kenneth’s roommate. Whilst on the
phone, | then walked towards the edge of the driveway and stood on the council footpath. | was
speaking to Dale SICILY and his partner Tanya saying:
| said: “Please hurry up, he’s going to turn, he is drunk again.”
They said: “stay on the phone, were on our way.”
10. A short time later | then saw their car pull up to the driveway. I`ve then seen Kenneth
MCMANUS walk towards the car. During this time Dale SICILY and Tanya got out of the
vehicle. Kenneth MCMANUS stumbled whilst walking to the car. | then tried to help him get up
immediately. He then used both his hands and grabbed me around the neck. | was having
slight trouble of breathing but was conscious the whole time. Dale SICILY and Tanya then
intervened and separated us both.
11. A short time later we had a group hug and tried to fix things. After having a group hug, Dale
SICILY walked away to have a smoke. During this time, Tanya opened the passenger door to
the truck and Told Kenneth come ‘on lets go.
12. A short time later | turned around to where | then was hit hard in the back of my head. | felt
immediate pain, shock and stumbled a bit. | then turned around and saw Kenneth MCMANUS
holding a wooden bat roughly 40-50cm in length.
13. I then tried to take the bat away from him by grabbing the bat directly and trying to yank it off
him. 1 was fearful that if | didn’t get that bat, he was going to kill me.
14. 1 then eventually took the bat off him and then took it straight inside the house. During this time
Dale SICILY and Tanya got Kenneth MCMANUS into the car and immediately drove away from
the location.
15. | then felt immediate pain and proceeded to call triple zero 000 requesting for police.
16. A short time later NSW Ambulance and NSW Police arrived and spoke to my daughters and |. |
was then taken to Liverpool hospital for treatment to my head.
Witness: Signature: frre >
Ravirfeil DEO Kayleen MCMANUS
Constable 02 September 2025
Fairfield Police Area Command
02 September 2025
Page 2 of 3
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Statement of Kayleen MCMANUS
In the matter of Victim Statement of Kayleen Ann MCMANUS
17. Whilst at the hospital, the doctors clarified that there was bleeding, bruising and swelling around my head and hand.
18. On Tuesday the 2nd of September 2025, I attended Fairfield police station and provided police with a typed statement. I also provided police with medical records/discharge summary of my time at hospital.
19. I did not give anyone permission to hit me in the head. I have severe fears for my safety and the safety of my daughters and I believe Kenneth MCMANUS is violent and can cause us harm.
Witness: [Signature]
Ravineil DEO
Constable
Fairfield Police Area Command
02 September 2025
Signature: [Signature]
Kayleen MCMANUS
02 September 2025
Page 3 of 3
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Kayleen Mcmanus
Discharge Summary - 27th August 2025
ED Discharge Referral - eMeds v2
27-August-2025
MISS Kayleen MCMANUS DoB 29-January-1970 (55 years) SEX Female Individual Healthcare Identifier (IHI) 8003 6010 1873
4264 MRN 196315
Start of document
Liverpool Hospital
Author Details Scott Farenden (Medical Practitioners nfd)
Phone (02) 8738 3000
Discharge To Other (includes discharge to usual residence, own
accommodation/welfare institution (includes
prisons, hostels and group homes providing
primarily welfare services))
Event
This is confidential patient information If you have received this document in error please contact the Medical Records Department of
the facility listed in this document and ensure that the document is disposed of in a confidential manner.
The purpose of this information is to assist in the ongoing care of the patient. This information should not be used for any other
purpose and should not be released to any third party. This document is a summary of the patient`s episode of care. It is not a
complete clinical record and may not reflect current patient status if changes occurred following the completion of the summary. If yo
notice errors such as in the demographic information or any discrepancy between the GP that the document is addressed to and the
GP listed at the bottom of the document, please advise the Medical Records Department of the facility listed in this document.
This Discharge Summary updates a previous Discharge Summary Document Id: 12392659703
Refer to each section for detailed information on the Patient encounter.
Problems/Diagnoses This Visit (Event > Problems/Diagnoses This Visit)
None supplied
Clinical Synopsis (Event > Clinical Synopsis)
Visit Information
Liverpool Health Service
Liverpool Hospital Elizabeth Street
LIVERPOOL
Location: LIV ED SSU Attending M.O.: MACKEY, ALEX
[Page 43 - Gemini]
Pt Address: 51 Margaret Street Indigenous Status: Neither
FAIRFIELD WEST, NSW 2165 Language spoken at home: ENGLISH
Pt Phone: Interpreter Required: NO
Carer: None recorded
General Practitioner: MEDICAL CENTRE, ASTLEY
GP Address: Astley Medical Centre
Cnr Great western Highway and Mamre Rd
ST MARYS, NSW 2760
GP Phone: 02 9623 4027 GP Fax:
Admission Summary
Summary of Progress:
55F assaulted by brother
- was concerned about brothers worsening mental health
- went to brothers house this afternoon, asked police to come review
- then went home
- brother came to find her with friends
- after giving a group hug, brother allegedly went to car to get a bat of some sort and attacked pt
- hit to the back of the head, possible kick to lower chest/upper abdomen
- pt did not hit floor
- no LOC
- ? blurry vision on left side
- also c/o lower chest pain/upper abdominal pain worsen on taking deep breath out
- reports otherwise well
PMHx
borderline personality disorder
[Page 44 - Gemini]
allergic to penicillin
SHx
lives with daughter
otherwise independent
O/E
T36.8 Hr 80 Rr 19 BP 123/81 SpO2 95%RA
no facial swelling
no vault swelling
no facial tenderness
normal extra ocular movements
no diplopia
pupils equal and reactive 2mm
no hyphema, no conjunctival haemorrhage
collared c-spine
no upper chest wall tenderness
c/o pain left lower chest wall
no bruising or marking to skin
equal air entry
HSDNM
soft abdomen some upper abdominal discomfort
pelvis non-tender
non-tender lower limbs
normal lower limb strength
normal upper limb strength
no back tenderness
[Page 45 - Tesseract]
x-ray of pelvis no fractures
CtB/c-spine
- no bleed, no fracture
Imp: assaulted
ongoing pain in chest/abdo
Plan:
1) CT Chest/abdo
2) EDSSU
3) Social work review
Diagnosis
Dear GP
Many thanks for following up with Kayleen after her injury today presenting to the ED.
1) In the course of her assessment she had a CT Abdomen pelvis that reported a hypodense lesion in the pancreatic uncinate process, suspected
Intraductal Papillary Mucinous Neoplasm. In followup please ensure she has an MRI pancreas to clarify or exclude this diagnosis. She has been updated |
this concern today and understands the importance of completing this investigation, many thanks.
2) No CT demonstrated injuries, but review of pain relief, prescribed paracetamol and ibuprofen, with breakthrough 10 tablets of Smg Endone QID PRN
for severe pain particularly at night if required advised not to drive
3) Please support her social situation and her concerns re her brother`s mental health if he is also under your care
Her scan reports are attached as below
CT Angiogram Aorta (Verified)
CT Angiogram Aorta, CT Abdomen Pelvis
27/08/2025, 9:46 AM
Reason for examination:
CH: 55F assaulted with ? baseball bat head strike chest/upper abdominal tenderness CT to r/o traumatic injuries Comparison:
19/01/2025, CT Abdomen Pelvis with Contrast.
Findings: Aorta angiogram: No acute aortic syndrome. Focal dilatation of the splenic artery at the splenic hilum with maximum
transverse diameter of 1 cm, unchanged since prior study dated 19/01/2025. Appearances are keeping with small aneurysm. Chest:
No central nulmonarv emhboliis. No nericardial effusion. No mediastinal haematoma or nnettmomediastinum. Subcentimetre
[Page 46 - Tesseract]
.
Central airways patent. No pneumothorax. Upper lobe predominant centrilobular and paraseptal emphysema. Biapical pleural
parenchymal scarring. Areas of atelectasis in the bilateral lower lobes and lingula. No pulmonary consolidation or parenchymal injur
No pleural effusion/pneumothorax. No rib or thoracic spine fracture. Abdomen/pelvis:
Liver, spleen and gallbladder appear unremarkable. Bilateral renal cortical scarring with calcification, which may relate to scarring or
possibly non-obstructive calculi. Bulky bilateral adrenal glands with small nodules bilaterally (right 17 x 11 mm, left 10 mm),
unchanged compared to prior from 19/1/25. Stable 2 mm hypodense lesion in the uncinate process with a small focus of calcificatio
Normal calibre small and large bowel. Appendicectomy. No free fluid, haemoperitoneum or free air. Fat-containing umbilical hernia.
Degenerative lumbar spine, most marked at L4/L5 and L5/S1. No acute fracture of the lumbar spine or pelvis.
Impression: No acute traumatic injury in the chest or abdomen identified. Unchanged appearance of the bilateral indeterminate
adrenal nodules. Stable hypodense focus in the pancreatic uncinate process , probably small side branch IPMN but should be
characterised with MRI.
Other findings as above.
Report created by: Meisam lzadi (South Western Sydney LHD)
Final signed by : Martin Doss (South Western Sydney LHD) at 11:32 AM on 27/08/2025
CT Spine Cervical (Verified)
FINAL REPORT
CT CERVICAL SPINE
CLINICAL NOTES:
Assaulted with baseball bat
TECHNIQUE:
Unenhanced CT of the cervical spine with triplanar reformatting
FINDINGS:
No cervical spine fracture. Normal alignment. There is facet joint osteoarthrosis on the right at C4-C5 and on the left at C5-
C6. Neural foramina are patent.
No prevertebral haematoma.
There is paraseptal emphysema at the lung apices.
CONCLUSION:
No cervical spine fracture.
Electronicallv signed bv
[Page 47 - Gemini]
FRANZCR
Everlight Radiology
Report signed at 27/08/2025 04:41:34 (+00:00).
CT Facial Bones (Verified)
FINAL REPORT
CT FACE
CLINICAL NOTES:
Assaulted with baseball bat to head and neck? Fracture
TECHNIQUE:
Unenhanced CT of the face with triplanar reformatting
FINDINGS:
No facial fracture. The mandible has been incompletely imaged. Paranasal sinuses are clear.
Globes are intact. No retro-orbital haematoma.
CONCLUSION:
No facial fracture.
Electronically signed by
Dr Marnie Cox
FRANZCR
Everlight Radiology
Typed by: hrbrown
Report signed at 27/08/2025 04:42:08 (+00:00).
CT Brain (Verified)
FINAL REPORT
CT BRAIN
CLINICAL NOTES:
[Page 48 - Gemini]
TECHNIQUE:
Unenhanced CT from skull base to vertex
FINDINGS:
No intra or extra-axial haemorrhage or collection. The cerebral and cerebellar parenchyma is within normal limits. No midline shift or mass effect. No hydrocephalus. Basal cisterns are patent.
No skull fracture. Mastoid air cells are clear.
CONCLUSION:
Normal study.
Electronically signed by
Dr Marnie Cox
FRANZCR
Everlight Radiology
Typed by: hrbrown
Report signed at 27/08/2025 04:41:49 (+00:00).
Medications
Discharge Medications
Medication being taken on discharge
Discharge Medications are not displayed. Please complete the discharge medication reconciliation.
Health Profile
Details of patient`s health profile
Adverse Reactions (Health Profile > Adverse Reactions)
Substance Type | Substance | Reaction | Reaction Class | Reaction Status | Allergy Comments
Drug | Amoxicillin (Noumed) | Thrush | Allergy | Active | Pt. stated she gets thrush after taking Amoxicillin.
Plan
Pending Results
<>>`
[Page 49 - Gemini]
There is no handwritten text in the provided image. All text appears to be printed.
[Page 50 - Gemini]
Kayleen Mcmanus
Discharge Summary - 5th September 2025
ED Discharge Referral
5-September-2025
MISS Kayleen MCMANUS DoB 29-January-1970 (55 years) SEX Female Individual Healthcare Identifier (IHI) 8003 6010 1873
4264 MRN 1111045
Start of document
Fairfield Hospital
Author Details Devani Wathsula Gooneratne (Medical
Practitioners nfd)
Phone (02) 9616 8111
Discharge To Other (includes discharge to usual residence, own
accommodation/welfare institution (includes
prisons, hostels and group homes providing
primarily welfare services))
Event
This is confidential patient information If you have received this document in error please contact the Medical Records Department of
the facility listed in this document and ensure that the document is disposed of in a confidential manner.
The purpose of this information is to assist in the ongoing care of the patient. This information should not be used for any other
purpose and should not be released to any third party. This document is a summary of the patient`s episode of care. It is not a
complete clinical record and may not reflect current patient status if changes occurred following the completion of the summary. If you
notice errors such as in the demographic information or any discrepancy between the GP that the document is addressed to and the
GP listed at the bottom of the document, please advise the Medical Records Department of the facility listed in this document.
This Discharge Summary updates a previous Discharge Summary Document Id: 12429010025
Refer to each section for detailed information on the Patient encounter.
Problems/Diagnoses This Visit (Event > Problems/Diagnoses This Visit)
Diagnoses for Current Visit and Previous.
Diagnosis Type Clinical Service Confirmation
Post-concussional syndrome Discharge Non-Specified Final
Clinical Synopsis (Event > Clinical Synopsis)
Visit Information
Fairfield Health Service
Fairfield Hospital Cnr Prairievale Rd & Polding St
PRAIRIEWOOD
[Page 51 - Gemini]
Admission/Attendance Date: 05/09/2025 Medical Service: EMERGENCY MEDICINE
Pt Address: 51 Margaret Street Indigenous Status: Neither
FAIRFIELD WEST, NSW 2165 Language spoken at home: ENGLISH
Pt Phone: Interpreter Required: NO
Carer: None recorded
General Practitioner: MEDICAL CENTRE, ASTLEY
GP Address: Astley Medical Centre
Cnr Great western Highway and Mamre Rd
ST MARYS, NSW 2760
GP Phone: 02 9623 4027 GP Fax:
ADMISSION SUMMARY
Dear Doctor ,
Thank you for your ongoing care for Kayleen ,
Presented in ED accompanied by 2 daughters with ongoing headaches following an assault which took place 10 days ago.
HOPI:
Was seen at Liverpool ED following an assault 10 days , ago by a wooden bat on the occipital region for which undergone CTB , which was clear and discharged .
Has been having intermittent severe headache since the discharge associate with ? intermittent episodes of confusion,
No associated nausea/ vomiting
Occasional episodes of blurring of vision .
No diplopia
Has had 2 episodes of minimal epistaxis today , last episode 2 hours ago , no active bleeding at present , no obvious clots / septal haematoma noted
No chest pains
No SOB
No palpitations Occasional abdominal discomfort
[Page 52 - Gemini]
BO
PMHx
borderline personality disorder
anxiety
allergic to penicillin
SHx
lives with daughter
otherwise independent
O/E Alert, rational. GCS 15/15, oriented to time, place and person, adequately hydrated, no peripheral oedema, no icterus, no cyanosis,
no nystagmus, no diplopia, no ophthalmoplegia, pupils B/L equal and reactive to light
PR: 82/min
regular
good vol
BP: 170/80mmHg
RR: 16/min
Spo2: 100% on air
Cranial Nerve examination:
CNII- PECCRL, visual fields intact
CNIII, IV, VI Oculomotor function normal, nil diplopia, no nystagmus
CNV: facial sensation intact
CNVII: Facial movements normal
CNVIII- Hearing screen normal
CNIX, X- Uvula not deviated, palatal MVT normal
CNXI- accessory nerve function intact
CNXII: Tongue not deviated on protrusion
[Page 53 - Gemini]
Power : 5/5 B/L
Sensation intact and equal to light touch in all dermatomes
Finger nose normal, nil disdiadochokinesia
LLN:
Tone normal
Power 5/5 B/L
Sensation intact and equal in all dermatomes
RS:
VBS
Clear
AE
CVS:
Dual rhythm
No murmurs
ABD:
Soft
Non tender
BS +
IMP :
Post Concussion Xd , need to exclude chronic SDH
Plan:
Analgesia
CTB
Bloods with coags
Bloods:
[Page 54 - Gemini]
CT BRAIN
CLINICAL NOTES: Headache 10 days, since assault with wooden but over occipital region, imaging on day NAD.
TECHNIQUE: Non-contrast CT brain.
COMPARISON: 27/08/25 images only, no report.
FINDINGS:
No skull fracture.
No subacute subdural or acute haemorrhage.
Grey-white matter differentiation is maintained.
No positive mass effect, midline shift, hydrocephalus, or brain herniation.
CONCLUSION:
No acute ICH or subacute SDH.
Reassured and explained regrading post concussion Xd , fact sheet provided and discharged with stable vitals.
Diagnostic Investigations (Event > Diagnostic Investigations)
Diagnostic Investigation (Event > Diagnostic Investigation)
INTERVENTIONS & RESULTS
05/09/2025 20:39 Systolic Blood Pressure Sitting Left 127 mmHg
Diastolic Blood Pressure Sitting Left 83 mmHg
Mean Arterial Pressure Calc Sit Left 98 mmHg
Systolic Blood Pressure Standing Left 125 mmHg
Diastolic Blood Pressure Standing Left 90 mmHg
Mean Arterial Pressure Calc Stand Left 102 mmHg
05/09/2025 20:38 Eye Opening Response Glasgow 4 - Spontaneously
Best Verbal Response Glasgow 5 - Orientated
Best Motor Response Glasgow 6 - Obeys commands
[Page 55 - Gemini]
[Page 56 - Tesseract]
NSW POLICE FORCE P190A
Version 4.51 (05/2015)
STATEMENT OF A WITNESS
In the matter of: Police v MCMANUS
Place: Fairfield
Date: 26 August 2025
Name: Kaity ABSALOM
STATES:
1
This statement made by me accurately sets out the evidence that | would be prepared, if
necessary, to give in court as a witness. The statement is true to the best of my knowledge and
belief and | make it knowing that, if it is tendered in evidence, | will be liable to prosecution if |
have wilfully stated in it anything that | know to be false, or do not believe to be true.
2. lam 17 years of age.
3. | have not used Generative Artificial Intelligence (Gen Al) in the creation of this statement or
any attached exhibits.
4. |live at 51 Margaret St, Fairfield West with my mother Kayleen McMANUS and my older sister
Rhiannon ABSALOM. We have lived there for about a year and a half.
5. | was at home all day because | didn`t go to school. The whole day, my mum was a bit off
about her brother Kenneth McManus who is my uncle. He always acts weird because of his
mental health issues. He always creates drama or does something to piss my mum off.
6. About 11am, my mum came into my room and told me that Dale who is my uncles roommate
was going to come over to discuss what will happen with my uncle because Dale wanted to
move houses. He didn’t want to take Kenny with him but he didn’t want to leave him here
because he didn’t want him to harass my mum, sister and |.
Witness: / Signature:
Sanrantifa Sl IAN Kaity ABSALOM
Constable 26 August 2025
Fairfield
26 August 2025
Page 1 of 3
[Page 57 - Tesseract]
7.
10.
11.
12;
13.
14.
15.
Witness:
Statement of Kaity ABSALOM
In the matter of Police v MCMANUS
My mum said she was going to go to Dale’s house with him to try sort out something with my
uncle. My mum messaged me about 4:00pm and said ill be home soon and that the police had
been called. She didn`t really tell me much just that Rhiannon was coming home early.
| called Rhiannon and asked what happened and she said she had to go pick up mum.
About 4:50pm mum came home with Rhiannon. Mum was really emotional. She was hard to
talk to. She was crying a lot and wouldn’t calm down. Normally when shes upset | try to make
sure shes okay, so | was giving her water.
Around 7:00pm, we started to cook dinner and | heard my mum outside on the phone to
someone. | then heard Dales truck. His Truck has a sound that you just know its that truck
because its very loud. My mum then came in and said Kenny was here. She said he was in the
flat. We just stayed inside and mum said Dale called the police.
My mum went back outside. Me and Rhiannon stayed inside. We heard yelling so we looked
outside to see what happened. | heard my mum say, “You`re my brother, why are you doing
this”. Something along the lines of that. | could just hear Kenny swearing. Eventually | heard
the truck leave. It was quiet so | assumed Kenny left too.
My mum came inside, and she was holding a bat in her hand. It was about 50cm long, brown,
wooden. She was crying and said something along the lines of “He hit me in the head with a
bat”. | was a bit confused because my mum told me Dale called the police so | thought they
would be here by now.
| was trying to keep my mum calm and gave her water. Me and Rhiannon then called police
and ambulance again. | took photos of my mum’s hand. | saw blood on her left hand. | asked
her what happened, but she said she didn’t know what happened.
About an hour later she said the blood might have come from when she was trying to get the
bat out of his hand.
Police and paramedics arrived not long after that. | spoke with Constable DEO and Constable
SIMONIAN and agreed to meet them at Fairfield Police Station to provide a statement.
Signature:
Samantha SIM Kaity ABSALOM
Constable 26 August 2025
Fairfield
26 August 2025
Page 2 of 3
[Page 58 - Gemini]
S.l.
Kaity Absalom
[Page 59 - Gemini]
There is no handwritten text in this image. All text appears to be typewritten or printed.
[Page 60 - Gemini]
Witness: S. L.
Samantha SIMONIAN
Constable
Fairfield
26 August 2025
Signature: Rhiabbon Absalom
Rhiannon ABSALOM
26 August 2025
[Page 61 - Tesseract]
Statement of Rhiannon ABSALOM
In the matter of Police v MCMANUS
7. My mum told me that police and ambulance were called because Kenny was very erratic and
had weapons but didn’t hurt anyone, and that the police told her she couldn`t drive home.
8. | got home at around 5:15pm. By the time | got home my mum had been dropped home by the
police but we still needed to go get her car. We left my sister at home then | drove mum to
Kenny and Dale’s. When we arrived, the ambulance was already there. Kenny was in the
ambulance and Dale was on the phone. Mum and Dale briefly spoke, and Dale told mum that
they would take Kenny to the hospital. Me and mum then got into the car and drove home.
9. We got home, went about our normal routine and then Kaity and | were inside. Mum was on
the veranda. Probably about an hour and a half to two hours later, Kaity and | were having
dinner and that`s when we heard voices outside. Because Kenny is always there, we didn’t
engage but | recognised that it was his voice. | then heard Dale`s truck because its very
distinct. Its like a vintage truck so it has a very loud engine. | then heard Dale’s voice. | didn`t
hear any yelling but | just heard them talking outside. Roughly 5 to 10 minutes later, mum came
inside and said “He’s hit me with a fucken bat”.
10. Mum was holding a bat, about 30cm in length, dark brown, wood, thick, smooth with some
cracks in it. | didn’t recognise the bat. | don’t know where it came from, but Kenny does often
come over with weapons.
11.1 then asked if she was okay, and Kaity checked mums head to see if there was any bleeding
or cuts which there weren`t. | then heard the truck leave and mum told us that Dale and Tania,
which is Dale’s girlfriend witnessed what happened and had taken Kenny home.
12. | asked what happened, she told us that she confronted Kenny for being at the house and
asked why he was there. He was then mouthing off, | don’t know what he had said. Then that
turned into the altercation of him hitting her. My mum said she doesn`t recall how the scratches
on her hand happened, but she remembers trying to get the bat back and hit Kenny`s knuckles
to try get the bat off her.
13. My mum told us she had called police and that she declined ambulance at the time. My mum
kept saying she was feeling very sleepy. She was lent over the table with her head on her
hands for about half an hour. Kaity and | kept asking if she was awake and trying to get her to
Witness: ) Signature: Lorn
Samantha SIMONIAN Rhiannon ABSALOM
Constable 26 August 2025
Fairfield
26 August 2025
Page 2 of 3
[Page 62 - Tesseract]
Statement of Rhiannon ABSALOM
In the matter of Police v MCMANUS
sit up and that`s when mum said she was so tired that she couldn`t sit up, so | called triple zero
again to request police and ambulance.
14. Police and paramedics arrived not long after that. | spoke with Constable DEO and Constable
SIMONIAN and agreed to meet them at Fairfield Police Station to provide a statement.
15. When we moved to Maragret St, | raised some concerns with mum about Kenny. | have seen a
lot of violence from him. | told mum | was worried about our safety. | always wonder if he is
going to come in or try and break in or hurt mum because of previous incidents with Kenny and
my mum. My mum’s relationship has eased the concerns with Kenny however due to this
incident, these concerns are more real now.
3
Witness: S$
/ Signature:
Samantha SIMONIAN Rhiannon ABSA!
Constable 26 August 2025 }
Fairfield
26 August 2025
Page 3 of 3
[Page 63 - Gemini]
20HP1437S
Now prepare all the things I will do on the 20th. From the opening statement for the defence to closing statement for the defence to the cross-examination questions for the witnesses, all itemised. Evidence in chief questions for the defence witnesses and reexamination questions for any witnesses as applicable. Also, prepare a no-case submission – a short submission to be made by the defence after the prosecution finishes their examination in chief, before we, the defence, start submitting or calling our defence witnesses. The questions must be fact-checked and align with the elements of the offence. The questions must not be too long and must be centred on the central matter on the day in question. Also, I need the process of how I can tell the Crown that instead of calling for witnesses, let us agree on facts in issue and the issues that are in contention, and allow the magistrate to make decisions on that. What is the process of getting this done? I need the letter written showing the agreed facts and facts in issue so I can present that to the Crown. I will also need a submission in case the prosecution agrees, and I need to know how to make such a submission that will be persuasive to the magistrate or judge. This must be followed and work in line with the uniform evidence law in Australia. Also bring out likely objections, from the prosecutions based on questions that the defence will ask from the ikely questions that you are proposing. The likely questions must be free from leading questions issues, both for examination in chief of all witnesses, most especially the defence witnesses, and follow the rules when drafting questions. I mean follow the Evidence Act to make sure all questions are well presented devoid of hear say, follow what the laws says etc.
Question:
Now prepare all the things I will do on the 20th. From the opening statement for the defence to closing statement for the defence to the cross-examination questions for the witnesses, all itemised. Evidence in chief questions for the defence witnesses and reexamination questions for any witnesses as applicable. Also, prepare a no-case submission – a short submission to be made by the defence after the prosecution finishes their examination in chief, before we, the defence, start submitting or calling our defence witnesses. The questions must be fact-checked and align with the elements of the offence. The questions must not be too long and must be centred on the central matter on the day in question. Also, I need the process of how I can tell the Crown that instead of calling for witnesses, let us agree on facts in issue and the issues that are in contention, and allow the magistrate to make decisions on that. What is the process of getting this done? I need the letter written showing the agreed facts and facts in issue so I can present that to the Crown. I will also need a submission in case the prosecution agrees, and I need to know how to make such a submission that will be persuasive to the magistrate or judge. This must be followed and work in line with the uniform evidence law in Australia. Also bring out likely objections, from the prosecutions based on questions that the defence will ask from the ikely questions that you are proposing. The likely questions must be free from leading questions issues, both for examination in chief of all witnesses, most especially the defence witnesses, and follow the rules when drafting questions. I mean follow the Evidence Act to make sure all questions are well presented devoid of hear say, follow what the laws says etc.
Now prepare all the things I will do on the 20th. From the opening statement for the defence to closing statement for the defence to the cross-examination questions for the witnesses, all itemised. Evidence in chief questions for the defence witnesses and reexamination questions for any witnesses as applicable. Also, prepare a no-case submission – a short submission to be made by the defence after the prosecution finishes their examination in chief, before we, the defence, start submitting or calling our defence witnesses. The questions must be fact-checked and align with the elements of the offence. The questions must not be too long and must be centred on the central matter on the day in question. Also, I need the process of how I can tell the Crown that instead of calling for witnesses, let us agree on facts in issue and the issues that are in contention, and allow the magistrate to make decisions on that. What is the process of getting this done? I need the letter written showing the agreed facts and facts in issue so I can present that to the Crown. I will also need a submission in case the prosecution agrees, and I need to know how to make such a submission that will be persuasive to the magistrate or judge. This must be followed and work in line with the uniform evidence law in Australia. Also bring out likely objections, from the prosecutions based on questions that the defence will ask from the ikely questions that you are proposing. The likely questions must be free from leading questions issues, both for examination in chief of all witnesses, most especially the defence witnesses, and follow the rules when drafting questions. I mean follow the Evidence Act to make sure all questions are well presented devoid of hear say, follow what the laws says etc.
# Defence Trial Preparation: Police v Kenneth William McManus
## 1. OPENING STATEMENT FOR THE DEFENCE
**May it please the Court,**
Your Honour, the defence case is straightforward: Kenneth McManus did not assault his sister. The evidence will show that on 26 August 2025, it was Kayleen McManus who was the aggressor, wielding a baseball bat against her brother who merely sought to protect himself.
The defence will establish through credible witness testimony that:
1. Mr McManus never struck his sister with the bat
2. Ms McManus was the one who retrieved the bat from the vehicle
3. Ms McManus struck Mr McManus multiple times while he shielded himself
4. Any physical contact by Mr McManus was purely defensive in nature
The prosecution bears the burden of proving beyond reasonable doubt that Mr McManus assaulted his sister and occasioned actual bodily harm. The evidence will demonstrate they cannot meet this burden.
## 2. NO-CASE SUBMISSION
**To be made at the close of the prosecution case:**
Your Honour, I submit there is no case to answer pursuant to section 93 of the Criminal Procedure Act 1986 (NSW) and the principles in *Doney v The Queen* (1990) 171 CLR 207.
The prosecution has failed to establish a prima facie case on the essential elements of the charge under s 59(1) of the Crimes Act 1900 (NSW), specifically:
1. **The assault element**: The prosecution evidence, taken at its highest, shows Ms McManus was the aggressor who retrieved and wielded the bat. The body-worn camera footage records Ms McManus stating she "dragged the bat off him" and "smashed his fingers with the bat."
2. **Causation of bodily harm**: The medical evidence shows no acute traumatic injury. The CT scans were clear. Any injuries were consistent with Ms McManus's own account of wrestling for the bat.
3. **Absence of lawful excuse**: Even accepting the prosecution case at its highest, Mr McManus was acting in self-defence when confronted by an armed aggressor.
The test is whether, taking the prosecution evidence at its highest, a reasonable jury properly instructed could convict. Here, they could not.
## 3. AGREED FACTS PROCESS AND LETTER
### Process for Agreed Facts:
1. Contact the prosecutor before the hearing (ideally at least 7 days prior)
2. Propose a statement of agreed facts under s 191 of the Evidence Act 1995 (NSW)
3. If agreement reached, file with the court under s 191(3)
### Letter to Prosecutor:
**[Date]**
**The Officer in Charge**
**Fairfield Police Prosecutions**
**[Address]**
**Re: Police v Kenneth William McManus - H85529871**
**Hearing: 20 March 2026 - Fairfield Local Court**
Dear Prosecutor,
I act for the defendant in the above matter. In the interests of judicial efficiency and pursuant to s 191 of the Evidence Act 1995 (NSW), I propose the following agreed facts and identify the facts in issue:
**PROPOSED AGREED FACTS:**
1. Kenneth McManus and Kayleen McManus are siblings
2. On 26 August 2025, they consumed alcohol together at 85 Malabar Street, Canley Vale
3. A verbal argument occurred, and police were called
4. Police transported Ms McManus to 51 Margaret Street, Fairfield West
5. Mr McManus attended 51 Margaret Street at approximately 6:45pm
6. Dale Sicily and Tanya attended the premises in a vehicle
7. A physical altercation occurred involving a wooden baseball bat
8. Ms McManus sustained some injuries requiring hospital treatment
9. The baseball bat was seized by police
10. DNA consistent with Mr McManus was found on the bat
**FACTS IN ISSUE:**
1. Who retrieved the bat from the vehicle
2. Who struck whom with the bat
3. Whether Mr McManus assaulted Ms McManus
4. Whether Mr McManus caused actual bodily harm to Ms McManus
5. Whether any actions by Mr McManus were in self-defence
**PROPOSED COURSE:**
Rather than calling all witnesses, I propose we tender:
- The agreed facts
- The body-worn camera footage
- Medical records
- Forensic evidence
- Written statements of witnesses
The Court can then determine the facts in issue based on submissions.
This approach would:
- Save court time
- Reduce witness inconvenience
- Focus the Court on the genuine issues in dispute
Please advise if you agree to this course by [date - 5 days before hearing].
Yours faithfully,
[Your name]
## 4. SUBMISSION ON AGREED FACTS (If Prosecution Agrees)
**Your Honour,**
The parties have agreed to proceed by way of agreed facts and documentary evidence pursuant to s 191 of the Evidence Act. This represents a proper and efficient use of court resources.
The agreed facts establish the background and undisputed matters. The facts in issue are clearly identified and narrow:
1. Who was the aggressor
2. Who wielded the weapon
3. Whether the defendant acted in self-defence
I submit this approach allows Your Honour to focus on these critical issues based on:
- The contemporaneous body-worn camera evidence
- The objective medical evidence
- The forensic evidence
This is preferable to lengthy oral testimony that would largely cover undisputed matters. The documentary evidence provides the best evidence of what occurred, particularly the body-worn camera footage capturing Ms McManus's immediate account.
## 5. CROSS-EXAMINATION QUESTIONS
### Cross-Examination of Kayleen McManus
**Establishing bias and credibility:**
1. You and your brother have had disagreements about the family property, haven't you?
2. You were upset that he regularly accessed the granny flat?
3. You had been drinking alcohol throughout the day on 26 August 2025?
**The earlier incident:**
4. You called police earlier that day because of an argument?
5. When police attended, they found no evidence of violence?
6. Police simply separated you both?
**The evening incident:**
7. You knew Kenneth was at the property when you called Dale Sicily?
8. You went outside to confront him?
9. You approached Dale's vehicle?
10. The baseball bat was inside Dale's vehicle?
11. You reached into the vehicle?
12. You took the bat from inside the vehicle?
**The altercation:**
13. You told police on body-worn camera that you "dragged the bat off him"?
14. You told police you "smashed his fingers with the bat"?
15. You said you did this so he would "never hit another person"?
16. But Kenneth never actually hit you with the bat, did he?
**Injuries and aftermath:**
17. Your daughters didn't see Kenneth hit you?
18. The CT scans showed no traumatic injury?
19. The medical records state "no acute traumatic injury identified"?
### Cross-Examination of Kaity Absalom
**Establishing what she witnessed:**
1. You were inside the house during the incident?
2. You didn't see the altercation itself?
3. You only came outside after it was over?
4. You didn't see who grabbed the bat first?
5. You didn't see anyone being struck with the bat?
**Her mother's condition:**
6. Your mother had been emotional and crying before Kenneth arrived?
7. She had been drinking during the day?
8. When she came inside, she was holding the bat?
### Cross-Examination of Rhiannon Absalom
**Similar to Kaity:**
1. You were inside during the incident?
2. You didn't witness the physical altercation?
3. You only heard voices outside?
4. You didn't see who had the bat first?
5. Your mother told you what happened after the fact?
### Cross-Examination of Constable Deo
**The investigation:**
1. You didn't witness the incident itself?
2. Your information came from Ms McManus?
3. On the body-worn camera, Ms McManus states she "dragged the bat off him"?
4. She also states she "smashed his fingers with the bat"?
5. She doesn't say Kenneth hit her with the bat in that initial account?
6. You didn't obtain statements from Dale Sicily or Tanya at the scene?
## 6. EVIDENCE IN CHIEF QUESTIONS
### Examination in Chief of Kenneth McManus
**Background:**
1. What is your relationship to Kayleen McManus?
2. Where were you living in August 2025?
3. Did you have access to 51 Margaret Street, Fairfield West?
**Events of 26 August 2025:**
4. Did you and your sister drink together that morning?
5. What happened that led to police being called?
6. Where did you go after police attended?
**The evening incident:**
7. Why did you go to 51 Margaret Street that evening?
8. What happened when you arrived?
9. Did Dale Sicily and Tanya arrive?
10. What happened when you approached their vehicle?
11. Where did the baseball bat come from?
12. Who took the bat from the vehicle?
13. What did you do when you saw your sister with the bat?
14. Did you strike your sister with the bat?
15. What injuries did you sustain?
### Examination in Chief of Dale Sicily
**Background:**
1. How do you know Kenneth and Kayleen McManus?
2. Where were you on 26 August 2025?
**The incident:**
3. Why did you go to 51 Margaret Street that evening?
4. Who was with you?
5. What did you see when you arrived?
6. Where was the baseball bat before the incident?
7. Who retrieved the bat from your vehicle?
8. What did you see happen with the bat?
9. Did you see Kenneth strike Kayleen with the bat?
10. What injuries did you observe?
## 7. RE-EXAMINATION QUESTIONS
### Re-examination of Kenneth McManus (if required)
1. You mentioned trying to create space during the hug - why did you need to do that?
2. When you saw the bat in your sister's hands, what were you thinking?
3. Can you describe the defensive actions you took?
### Re-examination of Dale Sicily (if required)
1. You said you saw Kayleen with the bat - what exactly did you see her do?
2. When you said Kenneth was defending himself, what did you observe?
## 8. LIKELY PROSECUTION OBJECTIONS
### During Defence Evidence in Chief:
**Objection**: "Leading question"
**When**: If questions suggest the answer
**Response**: Rephrase as open questions
**Objection**: "Hearsay" under s 59 Evidence Act
**When**: If witness relates what others said
**Response**: Establish exception under s 60 (contemporaneous representation) or s 66 (criminal proceedings exception)
**Objection**: "Opinion" under s 76 Evidence Act
**When**: If witness gives opinion on ultimate issue
**Response**: Rephrase to elicit observations, not conclusions
### During Cross-Examination:
**Objection**: "Asked and answered"
**When**: Repetitive questions
**Response**: "I'm exploring a different aspect"
**Objection**: "Argumentative"
**When**: If arguing rather than questioning
**Response**: Rephrase as proper question
## 9. CLOSING STATEMENT FOR THE DEFENCE
**Your Honour,**
The prosecution has failed to prove its case beyond reasonable doubt. The evidence establishes that:
**First**, Kayleen McManus was the aggressor. She retrieved the weapon, she wielded it, and she struck the defendant with it. Her own words on body-worn camera confirm this: "I dragged the bat off him" and "I smashed his fingers."
**Second**, the defendant never struck his sister. Two independent witnesses - Dale Sicily and Tanya - were present and confirm this. The medical evidence shows no traumatic injury consistent with being struck by a bat.
**Third**, any physical contact by the defendant was defensive in nature. When confronted by an armed aggressor, he was entitled to defend himself under s 418 of the Crimes Act.
**Fourth**, the prosecution's case relies entirely on the complainant whose credibility is undermined by:
- Her intoxication
- Her emotional state
- Her changing accounts
- Her admission to assaulting the defendant
The DNA evidence proves nothing more than the defendant touched the bat - consistent with trying to defend himself.
Your Honour, this is not a case of doubt - this is a case where the evidence positively establishes the defendant's innocence. The prosecution has not discharged its burden.
The defendant must be acquitted.
## 10. PROCEDURAL NOTES
### Evidence Act Compliance:
- All examination in chief questions are non-leading (s 37)
- Cross-examination questions are appropriately leading (s 42)
- Hearsay issues addressed through exceptions
- Opinion evidence limited to observations
### Tactical Considerations:
1. Focus on body-worn camera admissions
2. Emphasise lack of injury consistent with bat strike
3. Highlight independent witnesses supporting defence
4. Use medical evidence to undermine prosecution case
### Key Legal Principles:
- Self-defence under s 418 Crimes Act 1900 (NSW)
- Burden of proof remains on prosecution
- Standard is beyond reasonable doubt
- *Doney v The Queen* test for no-case submission
**Note**: This preparation assumes the hearing proceeds on 20 March 2026. Adjust dates and specific references as needed. Always verify current law and procedure before the hearing.
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