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Betting clangerTribunal orders TAB to

pay unlucky punter

A PUNTER who claimed aTAB clanger cost him $1200has won a longshot legal case.

Narre Warren mathsteacher Alan Feher success-fully sued Tabcorp after staffat a suburban outlet wronglymarked a horse called ClangAnd Bang as a late scratching.

The meticulous gamblerargued he’d always intendedto pick that horse among hisweekly quaddie selections,but dropped it at the last min-

ute acting on the informationthat it had been scratched.

To win a coveted quaddie,punters must pick winners infour consecutive races.

A tribunal heard Mr Feherplaced a $120 bet at thePrince Mark Hotel in Dove-ton on August 24, about 10minutes before the first racein his bet. He went shopping,and at the end of the day’s

racing returned to the TAB todiscover he’d picked three ofthe four required winners.

On closer inspection, hefound the “scratched” horsehad also romped home.

Livid, he retrieved an in-correctly stamped official listfrom a bin at the venue andsubmitted it to Tabcorp, argu-ing he was entitled to half ofthe $2370 quaddie payout.

It rejected his claim so MrFeher, 60, took it to the Vic-

torian Civil and Administrat-ive Tribunal. At the hearing, alawyer for Tabcorp admittedhead office had sent wrongscratchings to agencies thatday, but had corrected theerror within one minute.

The tribunal heard that“for whatever reason” hotelstaff did not update wallcharts with the revised data.

Tabcorp also argued it was“virtually impossible” for MrFeher to prove he would have

picked Clang And Bang. Butsenior tribunal member AlanVassie said he was persuadedby Mr Feher’s evidence underoath, and his evidence of ahomegrown punting system.But he stopped short ofawarding the full claim.

Mr Feher said he washappy to win. After all costsinvolved with the case he was“still a little bit up — but it’sthe principle that counts”.fiona.hudson@news.com.au

Clang And Bangheads for a win (far

left) whichshocked Alan

Feher, whobelieved the horse

had been scratchedwhen he made his

selections.Main picture:

RICHARD SERONG

More to lose jobs in lagging economyTHOUSANDS more Victori-ans are tipped to lose their jobsin the coming months as theeconomy lags its rivals in thelead-up to the state election.

A report warns Victoria isfacing a period of sluggishgrowth over the next sixmonths as households remainreluctant to spend or borrowdue to uncertainty about theirjobs before a gradual pick-upin late 2014.

The state’s unemploymentis tipped to rise further to 6.5per cent in coming months asconcerns grow about the fu-ture of major employers suchas SPC Ardmona in Sheppar-

ton, Alcoa near Geelong andship building in Williamstown.

This follows the announce-ments of the closure of Fordand Holden.

“The property market hasbeen slow to recover and con-cerns about the State Govern-ment have also been a bit ofdrag on the economy,” AMPCapital chief economist ShaneOliver said.

The most recent joblessdata shows Victoria’s unem-ployment rate has hit 6.2 percent — well above the nationallevel of 5.8 per cent.

STEPHEN McMAHON

Charles to divide duties with QueenQUEEN Elizabeth and PrinceCharles are sharing officialduties as the royals move to-wards a job-sharing plan.

In June, the Prince willaccompany Queen Elizabethto France for official dutiescommemorating the 70thanniversary of the D-Daylandings at Normandy — themost obvious sign yet of offic-ial job-sharing.

According to London’s Sun-day Times, an announcement isdue this week that the pressoffices of Prince Charles andthe Queen will be merged intoone team based at Bucking-ham Palace.

The move is seen as furtherconfirmation that the 87-year-old monarch, who attendsabout 300 official engage-ments a year, is looking toscale back her commitments.

Prince Charles, the 64-year-old heir to the throne, repre-sented the Queen at last year’sCommonwealth Heads ofGovernment conference in SriLanka — the first time in 40years the monarch had notattended CHOGM.

Her Majesty became queenat the age of 25, making PrinceCharles the longest-servingheir-apparent in Britishhistory.

APOLOGY FOR RACIAL SLURMADONNA has apologised for using a racial slur to refer to her white son on Instagram.

On Friday night, she posted a picture of her 13-year-old son Rocco boxing and used a hashtag that contained a variation of the n-word.

AT ODDS WITH THE RESULT

WHAT ALAN FEHER SHOULD HAVE WON: $1200WHAT HE WON: $0WHAT VCAT AWARDED HIM: $500

LIGHT SIDE OF LIFEPIGEON droppings may be disgusting, but apparently they can also be an inspiration for pieces of jewellery.

An English artist is making broaches that resemble the shape, size and colour of pigeon poo.

Frances Wadsworth-Jones, 30, of west London, has created a new line of called Heaven Sent. Each piece in the collection is made from crushed semi-precious and precious gems like black diamonds, sapphires and tourmaline. The gems are set together in imitation of splattered pigeon droppings.

FIONA HUDSON

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OF SURVIVALWhen he jumpedfrom 14,000 fthis parachute andreserve failed. But,against all odds,he landed in a golfcourse lake and lived. Brad Guy is the ...

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A MELBOURNE man whosurvived a 14,000 ft fall afterhis parachute failed andcrash landed on a suburbangolf course says it is a miraclehe is alive.

Brad Guy thought hewould die when the mainchute and the reserve tangledas he plummeted to earthduring a tandem skydive to

was falling to the ground,more like the ground wascoming to hit me, like theearth was coming to smackme,” Mr Guy said, speakingpublicly for the first time.

“Survival wasn’t in myhead at all.

“I was thinking, ‘Thisground’s going to hit me andwhen it does, I’ll be gone. I’ve

brought my family here towatch me die’.”

Horrified Saturday after-noon golfers rushed to pluckMr Guy and the tandem mas-ter from the water when theylanded on the 12th hole at theYering Meadows course.

“The impact was the worstimaginable pain I could everfathom,” he said.

“And then I was like, ‘I’mon the ground, I’m alive!’ ”

He suffered back and neckinjuries, but was up and walk-ing after just three days inhospital and his body is stillrecovering.

“I was part of a miracleand not many people can saythat,” he said.REPORT, PAGES 6-7

EXCLUSIVEFIONA HUDSON

celebrate his 21st birthday.Hurtling down, as his familywatched below, he soughtcomfort from the tandemmaster: “I said to him, ‘Are wegoing to die?’ And he said, ‘Idon’t know’.

“It didn’t really feel like I

06 NEWS SUNDAY, JUNE 15, 2014 HERALDSUN.COM.AU

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memory he’d left them with.“Survival wasn’t in my head

at all,” he says. “I was thinking,‘This ground’s going to hit meand when it does, I’ll be gone.I’ve brought my family here towatch me die’.”

DOWN at the drop zone,Brad’s mum Julie, dad Brian,boyfriend Artie, three sistersand their husbands and kidswatched the pair whirl to earth.

One sister vomited. An-other groaned, “Oh no, oh no”,repeatedly. Julie cried andlooked to Brian for comfort noone could give.

They stood near the in-tended landing spot, a grassypaddock beside a shed at Lily-dale airfield.

Site operator STBVIC PtyLtd, trading as a franchise ofSkydive The Beach andBeyond, also has drop zonesover St Kilda beach or BarwonHeads.

Brad chose the Yarra Valleybecause green is his favouritecolour and he pictured a slowdescent over a lush patchwork.

A few days before his jumpon Saturday, August 31 lastyear, the company phonedasking if he’d switch to a latetimeslot. He’d waited morethan a year to use the voucherhe’d got for his 21st birthday,what was a few more hours?

The close family lunched ata winery, though Brad’s nervesmeant he ate only a few hotchips, and skipped the booze.

Paperwork done and kittedup, the digital editor posed forpictures and sent a final snap-chat selfie to some friendsshowing him in parachutepants and suspenders.

Tandem master Bill grab-bed parachute number 29 froma rack, and they got in theCessna.

The plane disappeared fromsight as they climbed to alti-tude, and Brad’s family waited.

Finally a staffer pointed to adot in the sky — Brad and Billin normal free fall.

“Then something wentwrong,” mum Julie says.

“We all realised and it was abig panic.”

HARNESSED to a tandemskydive instructor, Brad Guynervously dangled his legs outthe plane’s open door, about14,000 feet over Melbourne.

Pointing a wrist camera athim, the instructor asked: “Anylast words?”

“Yeah,” Brad grinned forthe souvenir DVD, “I hope myparachute opens”.

The free fall brought an ex-pected rush of fear and adrena-lin. They passed through 4000feet and Brad felt the para-chute deploy.

Ground crew had warnedof an upward thrust whenthe canopy opened, but thisviolent?

As the white chute opened,it tore. The remainder flappednoisily, and the world startedspinning so wildly Brad lost allperspective. A tightly lacedshoe flung off.

“We were shaking so much,it was like we were in a blend-er,” he says. “We were just spir-alling really fast.”

Brad heard the instructorswearing, and felt urgent tug-ging and pulling.

“He kept saying, ‘S---, no’.I was, like, ‘That’s not good’,”he says.

Sensing the ground comingtoward them, Brad soughtcomfort from the instructor, aveteran of about 2000 tandemdives: “I said to him, ‘Are wegoing to die?’ ” And he said, ‘Idon’t know’.”

Plummeting downward, theground closer with each sec-ond, Brad reached his ownconclusion.

Around 500 feet, the re-serve inflated, tangling gro-tesquely in the remains of thefirst chute.

“It didn’t really feel like Iwas falling to the ground, morelike the ground was coming tohit me, like the earth was com-ing to smack me,” Brad says.

“Your life does flash beforeyour eyes but I didn’t lookback on things in my life, Ilooked forward.”

The main thought racingthrough his mind was he’dnever see his family or boy-friend again.

They were below, watching,and he fretted at the awful last

FIONA HUDSON

Q: ARE WE GOING TO DIE?A: I DON’T KNOW

EXCLUSIVE WHAT HAPPENS WHEN YOU JUMP OUT OF A PLANE AND THE PARACHUTE DOESN’T OPEN PROPERLY? ONE MAN’S AMAZING STORY OF SURVIVAL — AND HOW IT’S CHANGED HIS LIFE

VIDEOHOWLUCKYAM I?heraldsun.com.au

HERALDSUN.COM.AU SUNDAY, JUNE 15, 2014 NEWS 07

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Bill, he tried to rouse the in-structor. “We landed … kind ofcrossed,” Brad says. “He wasunderneath me. He broke myfall and took a lot of the im-pact. I tried to grab Bill’s hand,‘Are you OK?’. I thought hewas dead.”

Golfer Ash Tainton, still onthe line to 000, arrived withthe others. He relayed first aidinstructions as the two youn-ger men waded shin-deep intothe muddy-brown pond.

One held Bill’s head out ofthe water hazard. The otherheld Brad’s hand.

Back at the airfield, staff in-formed Brad’s hysterical fam-ily the men had been located,telling Julie: “They’re alive.”

They piled in car and racedoff. An ambulance carryingBrad was leaving, and Julie ranafter it, rapping the windows.

“I wanted to see him, Iwanted to talk to him,” shesays. His words — “Mum, I’llbe OK!” — reassured her.

But as the siren squealed to-ward The Alfred, worrieswhirled in Brad’s mind. Whycouldn’t he feel his legs? Washe a paraplegic? Would he everwalk again?

THE questions continued inhospital. Doctors and medicalstudents who examined hischart exclaimed “Parachutingaccident? What happened?”

“That’s the reaction of everysingle person,” Brad says.“They say, ‘That’s my worstnightmare.’ Yeah, I lived it.And I’m still living it.”

Far from experiencing eu-phoria at cheating death, hecounts the first night in hospi-tal as the worst of his life.

“I couldn’t sleep. Every time

She ran inside the shed,begging staff: “Please tell mewhat’s happened to my son”.

Next to the airfield, casualgolfer Ash Tainton was playingwith his father-in-law Ian anda couple of young blokesthey’d just met at YeringMeadows.

Planes had buzzed over-head all day, but that flappingsound was new. They lookedup to see the out-of-controlpair swirling as if in a cyclone.

“The parachute was open,but it wasn’t working properly.They were horizontal, andthey were whirling around, likewater going down a drain,”Ash recalls.

“You could sense the sheerterror in everyone as wewatched. I heard the thud. Icalled 000 straight away.”

Mid-lesson on the practiceputting green, club pro GeoffGeorge also watched the tan-gled mess fall to the edge of adam on the 12th hole.

“I didn’t think anyone couldsurvive that,” he says. “Ahuman body is not meant toabsorb that.”

IT took a few seconds for Bradto realise the choking, gaspingnoise he could hear was himtrying to breathe.

“The impact was the worstimaginable pain I could everfathom,” he says.

“And then I was like ‘I’m onthe ground, I’m alive!’.”

His brain told him to get upbut he couldn’t move anythingfrom the neck down.

He wiggled his fingertipsand felt reeds, mud and coldwater. Sopping parachutesblanketed them.

Still strapped to the chest of

Operator told to lift gameFIONA HUDSON

WORKSAFE has directed aleading Victorian skydive op-erator to improve packingand checking of parachutesamid serious safety concerns.

Investigators probing asickening plunge that badlyinjured a tandem pair last Au-gust allege the operator’s reg-ister listed four incidents in ayear linked to packing defi-ciencies.

“Two of these incidents oc-curred 13 days apart. All fourincidents required emergen-cy procedures to be enactedduring descent from the air-craft,” an inspector noted.

WorkSafe alleges in tri-bunal documents the packerthat readied the parachute inthe August 2013 incident“had also been the packer in-volved in other incidents”.

The safety watchdog is-sued a notice directing opera-tor STBVIC Pty Ltd toimprove its systems.

STBVIC Pty Ltd operatesthree sites in Victoria — inthe Yarra Valley, St Kilda andBarwon Heads — as a fran-chise of the Skydive TheBeach and Beyond group.

But lawyers for the opera-tor and peak skydiving bodythe Australian ParachuteFederation have mounted atribunal challenge.

The tribunal action comesas lawyers for skydive acci-dent survivor Brad Guy pre-pare to sue over thedisastrous tandem dive.

Nowicki Carbone partnerNunzio Tartaglia said he’dseek substantial compen-sation for Mr Guy’s physicaland mental injuries.

“Our client wants to en-sure this catastrophic eventdoes not happen to anyoneelse,” he said. “The activity ofskydiving is dangerous andsafety is paramount.”

Tribunal documents in-clude a report by an APF safe-ty officer on the August 2013incident that said the rigwasn’t packed correctly,equipment checks were lack-ing and emergency proce-dures were performed in anincorrect sequence.

The report concluded theSTBVIC Pty Ltd operation“appears to be well managedbut also seems to have a prob-lem with packing issues”.

The APF’s tribunal sub-mission states STBVIC PtyLtd recorded about 12,000jumps at its three sites be-tween July 1, 2013 and March14, 2014.

“With 11 malfunctions dur-ing this time (mostly partial)this represents a malfunctionrate of .09 per cent of totaljumps,” the submission says.

“This figure is perfectlyconsistent and acceptablewithin Australian and globalparachuting standards.”

The APF submits para-chute checks are already rig-orously regulated, and moreonerous pre-fall checks wouldnot prevent malfunctions.

A compulsory tribunal me-diation session is expected tobe held next month.

Tandem master Bill and Brad Guy jump from plane at about 14,000 feet

WEATHER FINE AND SUNNY, BLUE SKY, LIGHT 15-KNOT NORTHERLY GROUND WIND

AUGUST 31, 2013

THE DAY I FELL FROM THE SKY

Brad and Bill land in water hazard on the 12th hole at Yering Meadows Golf Course

Golfers on 11th hole green phone 000 and rush to help

Doctors estimated speed of impact at about 70-80km/h

Reserve chute released about 500 feet. Tangles with remainder of main chute

Passenger Brad Guy, 22

First ever skydiving experience

Injuries: Two broken vertebrae, torn and

sprained spinal and neck ligaments, bruising,

grazes

Tandem master Bill, 53Total career jumps at the time: 4876Injuries: pelvic fractures, broken vertebrae, broken ribs, fractured femurs, broken heel, fractured eye socket, collapsed lung

Main parachute deployed about 4000 feet. It fails

I closed my eyes I could feelmyself falling,” he says.

Scans. Needles. Doctors.Counselling. A horrible bluruntil his hobbled first steps.

“Being able to walk againafter a few days of thinkingthat I never would was amaz-ing,” he says.

Discharged after just threedays, Brad retreated to his par-ents’ Wallan property wherehe remained housebound forabout 14 weeks.

Made redundant from hisjob with a radio station soonafter the accident, he hasstruggled to find full-timework. In the lowest moments,he considered suicide.

“My life has been shatteredto pieces, every single aspect ofmy life has changed,” he says.

Sleep is no escape, bringinginstead crippling nightmares.Falling, falling, falling.

“The physical injuries forme are pretty huge but com-pared to the mental implica-tions it’s, like, nothing,” he says.

Simple things can triggerpanic. Standing near the edgeof the second floor at the shop-ping centre. Catching a plane.Looking up at the clouds.

WHEN the fear takes hold,one image grounds him.

Rolling up his sleeve, Bradreveals a tattoo of a skydiverwith an inflated chute floatingdown his forearm. Some askwhy he’d want a prominent,permanent reminder.

“I don’t see the accidentwhen I look at this. I see the sil-ver lining. I was part of a mir-acle and not many people cansay that. It means a lot to me. Igot this to remind myself I amlucky, I’m here for a reason and

here for a purpose,” he says.One day he hopes to meet

tandem master Bill again, toswap stories with the onlyother man in the world whounderstands what happened.

Bill declined to be inter-viewed when contacted by theSunday Herald Sun, but wishedBrad well with his recovery.

As the first anniversary ap-proaches, Brad wants to use hisscrape with death to spread apositive, inspirational message.

Enrich the lives of otherswhere possible, he urges,through even simple gestures

such as smiling at strangers onthe train, or making a col-league a cup of tea.

“Do what you can to makesomeone else happy and maketheir life worthwhile,” he says.

“You never know whensomething might take you offthe radar of life.”

If his life flashes before hiseyes again, he wants to see thepositive impact he’s left.

“I always thought I waslucky before but now I know Iam,” he says. “I’m going tomake the most of it.”fiona.hudson@news.com.au

Survivor Brad Guy at theYering Meadows GolfClub where he landed

after a failed parachutejump; Brad excited before

the jump (bottom left);the tattoo as a reminder

of his experience (belowleft); and (below right)

with Geoff George, headpro at the golf club.

Pictures: IAN CURRIE

HERALDSUN.COM.AU SATURDAY, APRIL 19, 2014 NEWS 03

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THE father of notorious bikiebrothers Daniel and Ben Peg-oraro has won a secret settle-ment after suing a law firm heaccused of ripping him off.

The intimidation that mightbe the favoured approach ofoutlaw bikies was not Joe Peg-oraro’s way: he took his com-plaint to the Legal ServicesCommissioner, then a tribunal.

The Victorian Civil and Ad-ministrative Tribunal heardthat at 9am on March 7 last

year, Mr Pegoraro and his wifedelivered $15,000 cash to lawfirm Balot Reilly as a retainerto represent Daniel and Ben atcourt that day over allegationsthey were part of a gang thathad stolen caravans.

Ben, 23, was represented byBalot Reilly’s George Balot.But Daniel, 28, contacted hispreferred brief, Zarah Garde-Wilson, who represented him.

Joe Pegoraro later unsuc-cessfully sought a $7500 re-fund, arguing Balot Reilly haddone only half the expectedwork. He later approached theLegal Services Commissioner,and then applied to VCAT fora review.

Sam Tatarka, for Balot Reil-ly, told VCAT there’d beensome “ping pong” over who’drepresent Daniel, but the fam-

ily were warned that if theyswitched lawyers their moneyhad “already been spent”.

However counsel for thePegoraros, Fraser Cameron,disputed that they had beentold “if you change, you havedone your dough”.

Mr Cameron said the familyconsidered the $7500 fee forDaniel excessive, and felt he’dgot “zero dollars’ worth”.

After an adjournment fortalks, the parties agreed to set-tle the dispute for a confiden-tial amount.

VCAT dismissed the case.The charges against Daniel,

a Hells Angels Nomads mem-ber, were thrown out late lastyear. Ben was ultimately jailedand remains behind bars forhis role in the caravan thefts.fiona.hudson@news.com.au

Bikie dad paydirt Brothers’ father wins a legal brief encounterFIONA HUDSON

Daniel Pegoraro

SURF’S UP! NOW BRING IT ON

Two-time Bells Beach Rip Curl Pro winner Sally Fitzgibbons enjoys an early surf yesterday in preparation

for today’s event. Meanwhile (inset) 2012 world champ Joel Parkinson

sends spray flying during a free surf. Pictures: TIM CARRAFA,

JASON SAMMON

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bunal heard. Mr Kirkwooddenied he’d ever agreed to sellthe couple a 2008 HawthornPremiers jumper, or that he’dinvited them via eBay to col-lect it from his retail shop.

He said his eBay businesswas entirely separate.

An exasperated Mrs Pod-rebarac at one point stood toleave while Mr Kirkwoodgave evidence, saying loudly:“I’ve just about heardenough.” Mr Podrebarac alsoshoved a Bible towards MrKirkwood, and reminded theretailer he was on oath.

Handing down his deci-sion, Mr Holloway describedMrs Podrebarac as “littlemore than a wood duck”.

“She went in there to col-lect an item. The one shewent to buy, she didn’t comeout with,” he said.

“I don’t believe they gotwhat they bargained for.”

He ordered Mr Kirkwoodto pay the couple $800 — atwhich point the salesmanpulled out a 2008 signed jer-sey and offered it to them.They declined.

The hearing took anothertwist when the couple handedback the “wrong” jersey pur-chased in July 2013.

Examining it, Mr Kirk-wood said: “How do I knowit’s the same jumper? Where’sShane Crawford? This is notthe jumper I sold them.”

But VCAT member MrHolloway said he accepted itwas the correct jumper andtold Mr Kirkwood he muststill pay them $800.fiona.hudson@news.com.au

SHIRT FRONTA TUSSLE over a signed2008 Hawthorn AFLpremiership jumper couldbounce into the SupremeCourt following a tribunalclash of Grand Final intensity.

Reservoir couple Nick andMelanie Podrebarac faced offagainst a leading sports mem-orabilia retailer to contestpossession of the rare jersey.

The atmosphere in theVCAT hearing was so tense,protective services officersentered the tribunal room inthe closing minutes to keepthe parties separate.

Collectibles salesmanBarry Kirkwood was so un-happy with the umpire’s deci-sion he immediately flagged aSupreme Court appeal.

Victorian Civil and Ad-ministrative Tribunal mem-ber William Holloway notedAFL and Hawthorn officialswould likely be impressedfootball aroused such passion.

The hearing centred on ajumper bought at ASM SportsMemorabilia at WestfieldDoncaster.

Mrs Podrebarac — “not afootball person” — told thetribunal she went to the shopto collect a jumper her hus-band had negotiated to buyvia eBay for $750 cash.

The tribunal heard shealso bought some 2008 playercards, and chose an image ofLance “Buddy” Franklin —one of few players she recog-nised — for an authenticationcertificate Mr Kirkwoodprinted on the spot.

But the jumper she’d col-lected was significantly differ-ent from the one her husbandhad arranged to buy, the tri-

FIONA HUDSON

Nick and Melanie Podrebarac have taken a sports memorabilia dealer to VCAT over a signed 2008 AFL Premiership jumper. Picture: TIM CARRAFA

Strong line-up for charity concertFOR the first time in thehistory of the Good FridayAppeal, a charity concert willraise funds for the RoyalChildren’s Hospital.

The charity spectacular is anew ticketed event which willbe headlined by KateCeberano, Mark Seymour,Taylor Henderson andSamantha Jane.

Also appearing will beDaryl Braithwaite, TheCollective, Joe Camilleri andBoom Crash Opera.

The Good Friday concert —on April 18 — will be part ofChannel Seven’s telecast of theappeal.

It will be conducted at theMelbourne Convention andExhibition Centre for the firsttime.

The appeal began in 1931when sportsmen andjournalists from The Heraldand Weekly Times organised asports carnival with all

proceeds donated to the RCH.The proceeds from nextmonth’s concert tickets, whichwill be $25 each, will bedonated to the hospital.

Since the Good FridayAppeal began, it has raisedmore than $258 million for thehospital.

Last year, more than$16 million was raised.

Families will also be able toattend the annual Kids DayOut on Good Friday.

ELEPHANTS ON RAMPAGETHREE elephants escaped from their handlers at a circus in the US and damaged several vehicles in the parking lot before they were recaptured.

TV station KMOV reportsthat the female elephants escaped from the children’s ride section of the Moolah Shrine Circus in Missouri.

The circus issued a statement saying the handlers were able to control the animals and that “they are now resting comfortably in their compound”.

Police say the animals alsodamaged a loading door.

Taylor Henderson

PSOs CALLED AS FOOTY JUMPER DISPUTE BOILS OVER

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