DUBBUG Ride for Jake

A local cycle group, ( Dorrigo, Urunga, Bellingen, Bicycle Users Group or DUBBUG ) have banded together to provide a special built tricycle so that Jake can continue to develop his physical, mental & independence skills.  Pictured here is Jake and a few of the gang that made it all happen.

DUBBUG is running a 3 day cycling event from 22 – 24 October 2016 around the Coffs Harbour region.  All are invited to attend and Jake’s challenge is to lead the Ride out of the city mall.  For information, registration and donations for the Ride please go to www.dubbug.org.au

Jake Brook Benefit Fund

A fund has been set up in Jake’s name. This fund is solely used for Jake’s needs such as medication, ongoing care & will also of course go towards the purchase of big ticket items such as a wheelchair, electric bed etc etc. Please help lighten the burden.

Jacob Brook Benefit Fund

BSB:  704328
Account #:  218406

A very big thank you from Jake & his family.

A Room of My Own

After 4 long years, our wish for a granny flat for Jake is now becoming a reality. Yesterday we started taking out the fence posts… and today the bobcat is here to start the ground work. This is a journey with happiness we can share with you. Concrete starts next Friday. Thank you to all Jake’s support team and you, our reader, for your devotion to making his life (and ours) as comfortable as possible.

Fence post removalBobcat begins

Evidence Suppressed

Details on the re-trial continue to be released.  Unbelieveably, Dallas Kahl’s defence lawyers managed to have details of Kahl’s assault history suppressed from being presented to the new jury.  This was in spite of the fact that his history of causing harm to others was presented in the original trial.  Apparently Kahl has a history of violence which clearly showed he was well aware of the consequences of his actions.  Given that the jury was making a decision on the foreseeability of his actions, it would appear that the defence lawyers were too clever for the Crown prosecution (Police).  Is this is a sad indictment of our laws and courts in NSW when lawyers can suppress potentially pertinent evidence from being presented?

It also turns out that the Police were so confident of Kahl’s guilt, they did not even charge him with multiple charges, such as general assault, which is the usual practice, should a conviction not be certain.

We understand as a period of time has now passed since the original incident in January 2010, it makes it difficult to pursue ongoing forms of action.  The family struggles to support Jake with limited means.  If you are someone, or know of someone, who can assist with advice & direction to provide for Jake’s future, we would love to hear from you.

Dallas Kahl is a very lucky individual who has managed to avoid criminal conviction.  We are doing everything we can to constantly remind Kahl how his reckless actions not only destroyed the life of another young person but also the family that now has to support Jake.

Unfair ‘One Punch’ Legislation

Jake’s re-trial, under the new legislation, required the prosecution to prove only that when Dallas Kahl ‘king hit’ Jake, he foresaw as a possible consequence of his actions, actual bodily harm.  The jury found Kahl to be ‘not guilty’ of foreseeability, which is the crux of the Criminal Code excuse of accident.

The implications to Jake’s family are immense.  Having waited years for a confirmed conviction, they want to share their story to help others at the same time as trying to work out their future.

The Coffs Coast Advocate have been following their story.  You can read various articles on Jake’s case at http://www.coffscoastadvocate.com.au/topic/jake-brook/

In Queensland, a campaign called “One Punch Can Kill” has gained momentum and has been used successfully to prove foreseeability in cases  (see Jonty Bush article)

Jury Overturns decision

DORRIGO man succeeds in his bid in the Coffs Harbour District Court to overturn his grievous bodily harm conviction.Unbelievably, it was announced today that the jury involved in the Coffs Harbour re-trial, has overturned the previous conviction decision to find Dallas Kahl guilty of the New Year’s Day attack which left Jake Brook with permanent brain damage.  One can only think that this must have been on a technicality.  Regardless of the decision Jake requires constant ongoing support. medication and home modifications.  A “not guilty” decision does not mean it did not happen.

Let’s fight this for real justice!

The report by Coffs Coast Advocate can be found here.

Trial Date

We have finally been advised of a retrial court date ….  8th April 2013

It’s been an amazing struggle to support and manage Jake.  Just from one “king hit” Jake has the following disabilities.  We have to deal with them everyday:

  • APHASIA: Difficulty remembering things that have happened, specially new things
  • ATTENTION: Length of time a person can remain focused on a task (short attention span)
  • ATROPHY: shrinking of body tissue (calf muscle) or organs
  • AUTOMATIC SPEECH: Words and sayings that happen with little thought, such as sayings “hello”, or “how are you?”
  • COGNITIVE COMMUNICATION: Difficulty with many language skills including  spoken and written expression ( he can not read higher than a 3 year old) and understanding, verbal and non verbal aspects of communication such as facial expression.
  • CONFABULATION: Incorrect information when responding to questions to fill in memory gaps. This is not done on purpose. (he makes up stories)
  • CONTRACTURE: Increased muscle tension causing the muscle to shorten
  • DISINHIBITION: Reduced ability to control own behaviour, resulting in inappropriate or unsafe actions
  • DISORIENTATION: Inability or difficulty remembering information about people, places and time. (doesn’t even remember what he did at day care that same day and his carer he has had for 12 months still cone remember his name [all the carers are called dude])
  • DYSPHASIA/APHASIA: Reduced ability to understand and use words in speaking or writing ( you have to breakdown the wording for him to understand)
  • HEMIANOPIA: Loss of sight in one half of the visual field in one or both eyes (exactly half on the right side of his eyes he is blind)
  • HEMIPARESIS: Weakness on one side of the body ( with jake it’s the right side)
  • INSIGHT: A persons understanding of their situation, such as changes in ability and difficulties ( he has some understanding that he was hit and this is whats happened to his body)
  • LABILE: Rapid changes in emotional expression, such as laughing or crying ( this is constant everyday all day)
    PERSEVERATION: Constant repetition of words and phrases and movements
  • PTA: Stands for Post Traumatic Amnesia – difficulty making new memories and remembering what has happened from one day to the next (jake doesn’t  remember anything from his life prior to his assault and still finds it hard to remember what was done the day before)
  • SEIZURE &TREMORS: Convulsion or fit caused by an increase in normal brain activity ( this is kept under control by his medications)
  • SPASTICITY: A state of increased muscle tone, causing resistance to movement
  • VERBOSITY: Uses an excess of words, talking to much ( and yes he does) heheheh
  • INFARKED: Part of the brain that has died (1/3 of jakes brain has died).  The left side has been damaged ½ has been badly damaged and a 1/3 of that has died…