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In the bail application in Sydney's
Central Local Court, Lindstrom's Victorian lawyer Stephen
Shirrefs SC described her as vulnerable and "easily
swayed".
He said the Swedish ambassador was in
court to support her - as was her mother, who had flown in from Sweden
earlier in the week.
Anita Hall-Lindstrom told Magistrate
Alan Moore her daughter had never been in trouble before but had
suffered from anorexia, was vulnerable, trusting and very loyal.
If granted bail, Ms Hall-Lindstrom
was prepared to stay in Sydney with her daughter to ensure she kept
all her bail conditions.
The magistrate also was told the
mother of Lindstrom's fiance was prepared to act as surety for $2
million bail for her.
The police facts sheet said Lindstrom
met the undercover officer on May 25 and May 26.
During the second meeting, she
allegedly confirmed he would be paid $100,000 per person and that
she would make the payment.
In the first meeting, the officer
asked if Lindstrom wanted the witnesses "in hospital or in the
cemetery".
"Lindstrom stated:
'cemetery'," the facts sheet said.
But Mr Shirrefs told the magistrate
the transcript revealed her talking about what Spaliviero wanted -
not what she wanted.
Describing her as "the
messenger", the lawyer referred to times when she told the
officer she did not want to be involved or "know about
it".
She had been engaged to
Spaliviero for the last two years.
"She is still engaged, despite
all this," Mr Shirrefs said.
The police sheet said Lindstrom had
handed an envelope to the undercover officer at their first meeting.
"The document had handwritten
notes about the victims, including physical descriptions, motor
vehicles used and had circled two persons (in a group
photograph)," the facts said.
In her evidence, Lindstrom's mother
said she was very close to her daughter and spoke to her on the
phone nearly every day.
But under questioning from Steven
Higgins, representing the DPP, she said she only found out last week
about Spaliviero having been in custody since last October for
manufacturing drugs.
"She was wanting to protect
us," she said.
Ms Lindstrom's boss Justin Hemmes' name was also mentioned at
the hearing, with Mr Shirrefs tendering an affidavit which the court
heard indicated Lindstrom had worked "diligently" and he
was prepared to keep her on if she was given bail.
In opposing bail, Mr Higgins told the
magistrate the evidence pointed to a "very strong prosecution
case".
"Your Honour would have to see
the defendant was - if not, the moving factor, party principal -
very, very much involved in the commission of this offence," he
said.
The maximum penalty for the offence
is 25 years jail and the standard non-parole period is 10 years.
Mr Higgins also said the evidence did
not point to Lindstrom having strong community ties in Sydney.
In refusing bail, the magistrate said
he did not dispute that Lindstrom's mother was a person of good
character, nor did he dispute her daughter had suffered from
anorexia.
But the allegations involved a
"most serious matter" and he referred to the need to
protect the two Crown witnesses.
On June 18, 2007, Lindstrom made another attempt at bail.
The applicant's
barrister told the court an undercover police officer drew her further into a plot to murder
the two witnesses.
Clive Steirn SC said the officer, who
was posing as a hitman, had already been contracted to murder the
two men when he met Lindstrom at Sydney's Town Hall on May 25.
Mr Steirn told Justice Peter Hidden that Lindstrom was
acting under instructions when she met the officer and arrived with
a sealed envelope.
He said the officer, knowing they
were being secretly recorded, asked the 22-year-old leading
questions to draw her into the plot.
"The undercover agent has been
instructed to involve her ... in an offence of which she was
reluctant to take part in," Mr Steirn told the court.
"(He) is leading her on and
escalating her criminality by putting leading questions to her.
"There could be no doubt that
she knows her partner wants to at least eliminate two witnesses, but
knowing and soliciting are something totally different."
A police fact sheet tendered during
an earlier bail application said Lindstrom met the undercover
officer at the same location on May 25 and May 26.
During the second meeting, she
allegedly confirmed he would be paid $100,000 per person and that
she would make the payment.
In the first meeting, the officer
asked if Lindstrom wanted the witnesses "in hospital or in the
cemetery".
"Lindstrom stated:
'Cemetery'," the facts sheet said.
In addition, she allegedly handed the
officer a sealed envelope with notes about the victims, including
descriptions, motor vehicles used and photographs.
Mr Steirn told the court that a
conversation in which Lindstrom allegedly told her fiance that she
did not want to be involved was not included in the fact sheet.
Crown prosecutor Steve Higgins said
that although Lindstrom may have been a reluctant participant, she
was a participant.
He said her apparent unwillingness
did not alter the meaning of what she was agreeing to.
Justice Hidden was told that the
mother of Lindstrom's fiance was prepared to act as surety for $2
million bail for her.
On
June 19, 2007, Charlotte Lindstrom was again refused bail.
In rejecting her application in the NSW Supreme Court, Justice Peter
Hidden noted Ms
Lindstrom's lack of community ties and the seriousness of the
charges.
"Not only do they involve an
alleged plot to kill two men, they allege a serious assault on the
administration of justice," he said.
"In the event of conviction, she
is likely to face a considerable custodial sentence."
Justice Hidden referred to the
incentive for Lindstrom to flee the country if granted bail, noting
she faced a substantial custodial sentence if convicted.
"... taking the material I have
at face value, it suggests that she might have access to substantial
sums of money through the associates of Mr Spaliviero," he
said.
"It is also of concern that her
only real connection to this country is her relationship with Mr
Spaliviero and that relationship endures."
Ms Lindstrom declared in an affidavit she still intended to marry
Mr Spaliviero.
On the material before him, the crown
case was "not weak".
He said "very substantial
security" was available if Lindstrom were granted bail, but
unfortunately the source was the mother of Mr Spaliviero.
It was "regrettable" that
someone associated with Lindstrom's co-defendant was the only source
of available security, he said.
"I do not intend to reflect on
Mrs Spaliviero, who gave evidence and impressed as a responsible
citizen," he added.
He noted Lindstrom's mother had come
to Sydney from Sweden to support her daughter, who was only 23 and
had no criminal record.
"It is distressing to see one so
young in custody in circumstances such as this," the judge
said.
"The premises where she was
living are, in fact, the subject of a restraining order arising from
other charges against Mr Spaliviero in Victoria.
"I have heard evidence she is
suffering from depression and anorexia and that is a matter of
concern."
The judge said Lindstrom's matter was
unlikely to come to trial until early next year and delay was a
matter to be considered by him.
He stressed if there were "a
significant departure" from the timetable, Lindstrom could make
another bail application.
On
June 25, 2007, a Sydney court heard a Louis Vuitton shoe linked
Steven Spaliviero to Australia's largest
clandestine drug laboratory bust. Spaliviero is accused of
running an illicit lab where police allegedly seized 40kg of pure
ecstasy with a street value of about $127 million.
A committal hearing in Central Local Court heard DNA evidence
gleaned from a size 9 Louis Vuitton shoe found at the Riverstone
factory in 2005 matched that of the stocky 42-year-old.
DPP solicitor Steve Higgins told the court the DNA match had a
probability of 10 billion to one.
The court also heard a second man police say they identified as
being involved, Jeff Klower, has so far eluded investigators and
is now an international fugitive.
The court was told police raided Spaliviero's Pyrmont unit on
October 20, 2006, and six days later charged him with knowingly
taking part in the manufacture of a prohibited drug.
Spaliviero's arrest came almost a year after fire brigade officers
stumbled upon the illicit drug factory when neighbours called
triple-0 to report smoke billowing from the premises.
Drug Squad Detective Senior Constable Amanda Hancock
told the court police believe Spaliviero also made a call to
triple-0 that day.
She said the purpose of this call was to "try and divert the
fire brigade away from (the premises)".
Sitting in the dock, Spaliviero was well dressed in a
grey jacket, faded black jeans, trainers and a white collared
shirt with French cuffs.
He followed much of the proceedings through his own copy of the
police brief, spread out in front of him in the dock.
Spaliviero spent much of the hearing writing copious notes, some
of which he passed to his solicitor Nick Felton.
His mother, Delores, spent the day watching on and approached her
son at the dock during one break, when he took her hand and kissed
it before being led away by Corrective Services officers.
Much of the hearing centred on police procedures in
gathering evidence at crime scenes.
Defence senior counsel, Stephen Shirrefs, said police did not have
a single witness who could identify Spaliviero as being at the
factory on the night of the fire.
He also questioned why the Drug Squad had allowed certain
evidence, mainly heavy laboratory-type equipment found at the
scene, to be destroyed before the trial.
Constable Hancock said the decision had been made by her superiors
in line with police policy in dealing with dangerous goods.
On July 31, 2007, the case against Ms Lindstrom
took a dramatic turn, with charges against her being reviewed.
A court heard she is unlikely to face a preliminary hearing with her three
accused due to changes in her case.
Ms Lindstrom's solicitor, Phillip Stewart, told the Central Local Court his
client, who is in custody, was unlikely to appear with the three men.
Spaliviero, Basic and Selim, who are in custody, are expected to face a
four-day preliminary hearing starting on December 10 without her.
Magistrate Ian Barnett adjourned Ms Lindstrom's matter to October 16 while
awaiting further submissions from the NSW Director of Public Prosecutions.
Outside court, Mr Stewart confirmed the charges against Ms Lindstrom were
being reviewed by the DPP's office.
"If anything develops that's up to them," he said.
Ms Lindstrom, who did not appear in court, remains in Sydney's Mulawa Women's
Prison.
The NSW DPP's office would not comment on the case.
On
December 19, 2007,
Lindstrom admitted soliciting the murder of a witness but she would only be sentenced on
one charge, after the Director of Public
Prosecutions agreed to a plea bargain.
She faced Sydney's Central Local
Court on five charges, including two
each of soliciting and conspiring to
murder Crown witnesses.
But
Lindstrom pleaded guilty to
just one count of soliciting to murder.
Her
lawyer, Philip Stewart, said the plea
was the result of discussions with the
DPP.
She will
have served nine months by her expected
February 2008 sentence date.
Lindstrom
would also give evidence against Mr
Spaliviero and other co-accused, Mr
Stewart said.
This,
along with her strict protective custody
conditions, would be taken into account
in sentencing, he said.
Lindstrom,
who appeared via video-link,
said "thank you" as magistrate
Allan Moore committed her to the NSW
Supreme Court to affirm her plea the
following day.
On March 8, 2008, it was reported that when Lindstrom became infatuated with an older
man, she never expected the romance to end in jail.
Or that he could be so intent on having
her killed she would have to stay in solitary confinement in a men's
prison.
The previously law-abiding, naive
anorexic fell so hard for Steven Spaliviero she
agreed to solicit a hitman to murder two witnesses in his drug case.
"It was different, exciting. He made
me feel important and special. He fascinated me, he knew so much about
everything, and he was manly. I felt really safe with him," the
former Sydney society princess said of their relationship.
The previous day, a scared Lindstrom wiped
away tears as the Supreme Court heard she was well aware her former
fiance "is likely to organise, or seek to organise, her
murder".
Justice Steven Rothman jailed Lindstrom
for at least two years after she admitted soliciting an undercover
policeman to kill the witnesses.
Her earliest release date will be May
2009, taking into account time already served.
The judge discounted her sentence, noting
her help to authorities, her harsh jail conditions and the fact
"the rest of her life will be spent looking over her
shoulder".
Death threats from inside prison already
mean Lindstrom will remain in solitary confinement in an undisclosed
men's jail, where the inmates call out to her during the day.
Justice Rothman said those conditions, if
not for her own safety, "would amount possibly to a form of
torture".
"Ms Lindstrom was a cog in a
criminal machine -- usually a reluctant, but not wholly unwilling,
participant," he said.
"The persons against whom she has
given information, and against whom she is to give evidence, are persons
who are very senior in significant criminal activity and have shown a
propensity to seek to have witnesses murdered."
Lindstrom came to Australia on a working
holiday before beginning a relationship with Spaliviero in 2004.
A psychologist concluded she had
"idealised" the relationship, adding her anorexia made her
vulnerable to someone who seemed in control.
"She presents as emaciated,
chronologically young and emotionally immature," the judge noted,
concluding she had been "completely manipulated" by her
boyfriend.
Between late 2003 and November 2005,
Spaliviero (pictured with Lindstrom) leased various premises in and around Sydney and manufactured
amphetamine and ecstasy, the court heard.
After her boyfriend's arrest on drug
matters in late 2006, Lindstrom visited him in jail and eventually
agreed to his plan to solicit a hitman to kill the witnesses against
him.
Recorded phone calls between them
revealed her crying and protesting that she did not want to be involved.
". . . the degree to which (the
boyfriend) is callously manipulating Ms Lindstrom's misplaced loyalty
and devotion is manifest from the recordings," Justice Rothman
said.
Lindstrom gave money to the police
officer who posed as a hitman and documents enabling the witnesses to be
identified, saying her boyfriend wanted them in the "cemetery"
rather than in hospital.
After jail she will be in the witness
protection program.
"She has continuing feelings of
remorse and worry about the two witnesses who were the intended victims
of her crime," Justice Rothman said.
"She also has nightmares about the
threats to her life from (her former boyfriend)."
In July 2008 Lindstrom
appeared in the Court of Criminal Appeal.
The court decided that her two year minimum
term was “manifestly
inadequate” and increased the sentence by 12 months.
On
August 11, 2008, Charlotte Lindstrom tearfully gave evidence against her former boyfriend in
a Sydney court.
Amidst heavy security, a frail looking Lindstrom read a
heartfelt love letter she wrote to him before her own incarceration.
Her former partner looked toward
Lindstrom as she read the letter written on Valentines Day 2007, in Sydney’s
Central Local Court.
Fighting back tears, she read from the letter: “I want you to know that I
truly love and adore you and I’m not giving up on us, ever.”
The 23-year-old also talks of being “so frustrated, sad and angry it’s not
funny”.
“I want to have my man by my side … trust me and don’t get me wrong baby,
I’m not blaming you but I’m just so sick and over it.
“When is this going to end? I hate being alone and
lonely.
“I just keep on asking myself when did this go so wrong? Why did this
happen?”
The letter is signed off with “Je t’aime, I love you”.
Under cross-examination by her former boyfriend’s lawyer Christine Nash,
Lindstrom admitted she had agreed to tell police all she knew “to look
after” herself.
Lindstrom told
the court she was appealing the appeal court's decision to increase her
sentence.
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