Congolese minister pulls out of conference

A CONGOLESE minister who has been probed by French authorities for alleged human rights abuses has pulled out of a conference appearance in Perth at the last minute.

Pierre Oba, Republic of Congo Minister of Mines and Geology, was scheduled to speak at the Paydirt Africa Down Under mining conference on Thursday but pulled out on Wednesday.

Paydirt chairman Bill Repard said his delegation also did not attend.

"He's unfortunately had a change of plans," Mr Repard told AAP.

He said Mr Oba was not on any Australian blacklists and would not have had any visa problems.

Mr Oba addressed the conference last year and was to be the guest of honour at a breakfast of mining executives at a Perth hotel in November 2010 but pulled out.

He had played a vital role in helping Sundance Resources deal with the aftermath of a plane crash in the Republic of Congo in June 2010 that killed the company's entire board.

Mr Oba was the subject of a legal case in a local court in France in relation to an alleged massacre in the Republic of Congo in the late 1990s, but has denied any involvement.

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Man to be retried for Perth pub death

A MAN jailed for murdering a New Zealand musician by shoving him from a Perth pub window to his death has had his conviction overturned and will face a retrial.

Stefan Pahia Schmidt was last year handed a life sentence for killing Andy Marshall by pushing him through the second storey window of Cottesloe's Ocean Beach Hotel in May 2011.

Three judges at Western Australia's Court Of Appeal unanimously determined on Friday that Schmidt would face a retrial.

A former bouncer, trained fighter and associate of the outlaw bikie gang Rock Machine, he didn't deny pushing Mr Marshall but said he didn't intend to kill him.

Schmidt claimed the death was an accident because he only meant to push Mr Marshall out of the way, annoyed that he had made a remark as he was speaking with two girls who Schmidt knew.

The trial heard Mr Marshall had his back to the window when Schmidt swore at him and pushed him through it.

The prosecution didn't allege Schmidt wanted to kill Mr Marshall, rather that he intended to cause him bodily injury of such a nature as to endanger, or be likely to endanger his life.

The appeal judges ruled there had been a miscarriage of justice because the trial judge did not adequately direct the jury on an essential element of the case against Schmidt.

"The jury may have reasoned towards a conclusion of guilt without being satisfied beyond reasonable doubt that Mr Schmidt intended to cause Mr Marshall to impact and break the window, which was an essential step on the path to a conclusion of guilt of murder," Chief Justice Martin said.

"This caused a miscarriage of justice."

Justice Robert Mazza said the trial judge's directions to the jury in his summing up "unfortunately reflected the way the state put its case and was pitched at a high level of generality".

Justice Michael Buss said Schmidt could have been found guilty of manslaughter instead of murder.

The victim's father Alan Marshall said Friday's judgment was disappointing but not a complete shock because there was "a strong indication of where it might go" at Schmidt's appeal hearing in June.

The court process had been gruelling for the family, which travelled to Perth for the trial, and the prospect of it continuing was daunting.

"It just tends to reopen all the emotions and heartache that we've already been through," he told AAP.

The family would consider returning to Perth for the retrial.

"We had the strength to go through it last time and we're a bit better prepared for what to expect.

"We just live one day at a time.

"We've just got to trust the system."

Schmidt's mother Hera Schmidt, who attended the Court of Appeal judgment, said the family was happy with its decision.

"A long time coming," she said.

Schmidt was coping well with his imprisonment but didn't deserve to be in jail, she said.

"He has the support of all his family."

Schmidt was sentenced in September 2012 to a minimum of 14 years in jail.

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Teen refused bail over school stabbing

A 14-YEAR-OLD boy charged with stabbing another boy at school had the victim's name ticked off on a note titled "soul list" in his bedroom, a court has heard.

But the teen's lawyer has told the Brisbane Children's Court it was a playfully named note relating to a group of children selling lollies.

The boy was denied bail in court on Friday.

He has been charged with attempted murder after a 15-year-old boy was stabbed in the neck with a knife at Mt Maria College at Mitchelton, in Brisbane's north.

The stabbing happened in the school's auditorium on Thursday afternoon and sent the college into lockdown.

The 14-year-old's lawyer Adam Magill downplayed the significance of the list in court on Friday when he applied for his client's bail.

He said there were a number of people named on it including the complainant.

According to the boy's mother it was over a year old and related to a group of children involved in the selling of lollies, he added.

Outside court Mr Magill told reporters his client had been bullied by others at the Catholic school but would not elaborate.

"It appears to just be a set of facts which have spiralled out of control, unfortunately with some devastating consequences for everybody involved," he said.

The court also heard the teen allegedly talked with a friend about stabbing the victim in the hours before the attack.

The injured boy was taken to Royal Brisbane Hospital with non-life threatening injuries and his family have requested his condition be kept private.

Police charged the 14-year-old late on Thursday night.

In denying bail, Magistrate Leanne O'Shea said the stabbing appeared to have been premeditated and the teen needed supervision.

"With a child in this state I'm of the opinion it is an unacceptable risk to all people in society at the moment, including his parents," she told the court.

The boy is being held at a youth detention centre in Brisbane.

He was not in court on Friday although his parents were.

They are devastated, according to Mr Magill.

"They feel as though they've let their son down," he told the court.

He later told reporters the boy still had not grasped the gravity of his situation.

"I just don't think the penny's dropped at this point in time," he said.

"He's fully unaware of the ramifications of what's happening."

Mr Magill said there would likely be another application for bail.

The case is expected to return to court on October 17.

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Man charged after SA police dog stabbed

A POLICE dog stabbed during a violent arrest in Adelaide has undergone emergency surgery and is in a stable condition.

A man has been charged with numerous offences after the arrest at Elizabeth Vale on Sunday.

Police say they were chasing the man on foot around 7.30am (CST) after the attempted theft of a car and break-ins at several nearby homes.

Police dog Koda was released to stop the man, who was armed with a knife.

Koda detained the suspect, who allegedly stabbed the dog twice.

The German shepherd was rushed to a nearby vet by his handler and has since undergone emergency surgery and is now in a stable condition.

The 30-year-old man, of no fixed place, has been charged with attempted aggravated robbery, four counts of theft, aggravated serious criminal trespass in relation to two homes, aggravated assault of police, property damage and injuring an animal.

He has been refused bail and will appear in Elizabeth Magistrates Court on Monday.

Elizabeth Police are also appealing to the Elizabeth Vale community to help locate a woman that may be experiencing a medical emergency and is known to the arrested man.

She was last seen at 8am near Semley Street, Elizabeth Vale, where she was asking for medical assistance.

The woman is described as Caucasian, about 28, with long brown hair wearing a blue hoodie, black jeans, medium build, and about 36 weeks pregnant.

Police have concerns for her welfare and ask anyone who sees her to call police on 131 444.

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NRL star switches codes to politics

IF anything Glenn Lazarus looks even more formidable now than when he was threatening to pulverise other very large blokes on the rugby league field.

But Lazarus has a new job - or at least he hopes to have one - and it relies on him looking charming and appealing.

The former Canberra, Brisbane, Melbourne, New South Wales and Australia prop-forward is standing for election to the Senate in next month's federal poll.

In the 14 years since he last played, Lazarus has added to the 118kgs he carried around the footy field.

But since he became a candidate for the Palmer United Party, Lazarus has discovered a more affable, and hopefully electable, appearance to match a commitment to his new cause.

"I'm getting a little more comfortable in a suit and tie, but I've still got a lot to learn," he admitted at Sunday's launch of the party founded by billionaire mining magnate Clive Palmer.

"Clive and the party has been really helpful to me.

"But on the day I was officially endorsed I was more nervous that day than in any Origin game."

Lazarus played in 22 State of Origin games and is the only player in the history of his game to win grand finals with three different NRL clubs.

But he knows that winning a Senate seat will be tougher than any of those matches.

"I learnt my craft of playing rugby league at a very early age and I've been sort of thrown to the wolves a little bit," he said.

"Fear of the unknown was the big monster.

"One of the things I'm amazed about is the passion people have for politics.

"When you get to talk to people one-on-one it is amazing."

Lazarus is one of a number of sports people and other celebrities, including former AFL footballers Doug Hawkins and Des Headland and world champion boxer Barry Michael, recruited by Mr Palmer for his fledgling party.

While his two careers bear no similarity, Lazarus is hoping they have one thing in common.

"In my football career I was very successful around September, so let's hope I get a little more," he said.

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US panda birthed live cub and stillborn

A PANDA at Washington's National Zoo which has been tending to her squealing newborn cub has also given birth to a stillborn cub that wasn't fully formed, a zoo official says.

Mei Xiang gave birth to the motionless cub on Saturday night after giving birth to its live twin the night before, zoo spokeswoman Pamela Baker-Masson said.

The mother groomed her stillborn cub for 17 minutes before letting it fall to the floor, she said.

The panda still hasn't let zoo staffers get close enough to get a good look at her live cub but it was squealing throughout and appears to be doing well, Baker-Masson said.

The zoo began performing a necropsy on the stillborn cub late on Saturday in the hope this will explain why the cub stopped developing and died in-utero, she said.

When caretakers do get to check out the live cub, which is the size of a stick of butter, they will try to listen to its heart and lungs, record its weight and collect a DNA sample.

Brandie Smith, the zoo's curator of mammals, said she and others are "cautiously optimistic" about that cub's health.

She compared the planned exam to a race car pit stop - a fast and highly choreographed checkup before reuniting mum and cub.

The live cub was the 15-year-old panda's third. Mei Xiang gave birth to a cub last year which died after just six days. Its lungs hadn't fully developed and likely weren't sending enough oxygen to its liver. Mei Xiang's first cub, a male named Tai Shan, was born in 2005.

Zoo staff have made several changes in preparation for the new cub. Mei Xiang's den was altered to allow keepers to get closer and the zoo invited a panda expert from China who specialises in newborns to help.

Two of the zoo's panda keepers also recently spent time in China learning more about examining newborns.

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