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| Auxin and other
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Auxin, Snowball and Amethyst
This is also a general response to requests for information about how the pending UK Operation Ore group action could affect those wrongfully convicted or otherwise damaged in Australia, Canada and Ireland by their local versions of the Landslide-inspired raids. The information given here can also be applied to raids outside of these where similar false information was used by the police.
Much of the evidence, which will be presented to the courts in Great Britain, will be relevant also to cases carried out under these other national campaigns. This evidence will be made available to activists in Australia and the other countries, after it has served its purpose in Great Britain, by the coordinator of the Ore action group, mainly through this and related web sites.
However, if and when the action is successful in Great Britain, there will be an increased workload for the few volunteers involved, as Ore produced the greatest number of casualties by far. It is therefore vital for those damaged in the other national campaigns to either organise themselves in some fashion or for one determined individual in each country to volunteer to become the coordinator of a campaign that will use the Ore information as new evidence. The experience so far is that neither the state nor the media will be interested in instigating such a development, although the latter may come around, however reluctantly, after an Ore action group success.
What is needed as soon as possible from each of the three countries is for some individual affected by the local campaign, or some other volunteer, such as a conscientious journalist, to investigate and detail its similarities and relationship with Landslide so that they can be compared with key evidence uncovered in Ore, such as lies from US and UK law enforcement agencies and from so-called 'expert witnesses' used by the police, some of whom now stand to be totally discredited and perhaps exposed as criminals. If you can, please copy this news to local newspapers.
One other very important development is that side by side with the imminent Operation Ore group action in Great Britain the groundwork for a criminal action against certain police and their accomplices is being prepared. This goes beyond the deceits used in Ore to include the harassment and intimidation of witnesses and their families and other attempts to pervert the course of justice. In a number of these cases, the local police involved appeared not to be aware that they were being used as pawns by their superiors. Police officers worried that they may have been compromised thus may contact the Police Federation of England and Wales.
Progress in Australia
There is now an individual prepared to act as a contact for Australians who may join in a possible class or group action and solicitors are being considered. Contact this editor for details.
An Australian tragedy
The Auxin campaign is now commenced with a shocking account of how one Australian man’s life was ruined by it. He has been given the name ‘Stewart’ and what follows now is his own story.
I was recovering from a total mental collapse suffered after several events in a row - caring for two dying people, the unfair loss of a job in which I had been working 12 to 18 hours a day whilst caring for two invalids and in the midst of distressing family dispute over a relative's will. At the best of times an insomniac, I had taken two heavy sleeping pills after 48 hours of being awake.
At 7am I was awoken by a loud banging at the front door. Eventually I opened it, not sure if I was dreaming and was confronted by 12 policemen and the beginning of Operation Auxin.
I can barely remember in full the events that followed although certain things stick firmly in my mind. It was only 5 hours later when I was finally released by police but it seemed like a lifetime. Waiting on my doorstep was a newspaper photographer. As I stepped from a taxi, a torrential rainstorm began and the photographer rushed for cover, missing his shot of me. He spent the next 20 minutes circling the house taking pictures of everything.
I was told that my computer contained child porn - I had accessed a number of adult porn sites, having no interest in young stuff. In fact I don't really like children, don't like being around them, get pretty bored with friend's kids and I and my ex-wife had made a conscious decision not to be parents. Whilst police searched the house and fired question after question, I requested my medication that I always took for depression and anxiety attacks upon their arising. The police refused. When I was told I was being taken to the station, I requested they bring my meds - they agreed but refused at all times to give them to me. "We'll decide if you need them," was the response.
Over questioning I co-operated for about 10 minutes and then decided I wouldn't say anything any longer as the questions were getting quite ridiculous. I was asked if I was involved in child prostitution and trafficking. When releasing me, after the usual fingerprinting etc, I was told I was facing four charges and probably many more to be decided.
The following day it all hit me as the media went berserk. Over 200 had been arrested and supposedly thousands investigated. That Sunday the presenter on '60 Minutes' waved a telephone sized stack of papers claiming they were the names of thousands suspected of accessing child porn access. I found it odd that the police would release names of suspects - including many high profile names, to a TV station. But this was nothing compared to what was to come.
As I now look back it's difficult to comprehend my feelings at the time. Since then my medications have increased to three times the dose and the way these pills work is that you ‘compartmentalise’ periods of time as a survival technique. You become a bit like an outsider observing events happening to someone else.
Within two weeks, six of those charged had committed suicide. When this became a bit of a hot issue the then Premier and Police Commissioner both held a press conference stating that "all suspects had been offered psychological assistance." It was a blatant lie . The opposite happened as police joked that "suicide was always a way out but they didn’t want me to disappoint them and not turn up in court."
And then the police discovered that all material had to be accessed by the Commonwealth censor to be deemed illegal (at around $5K a pic). The ensuing media circus brought the Premier and his Police offsider again to a press conference, announcing that the law would be changed and that "we won't be letting all these arrested paedophiles escape justice." Judged and already found guilty according to him.
It's impossible to underestimate the litany of prejudicial publicity being released by the police, and the affect that statements from them and politicians had on public sentiments. It was continuous for months. I had never witnessed anything like it before (although I have since).
In some ways it helped me. A top barrister agreed to act at a cut rate as the entire legal fraternity were aghast as the Premier announced he would push for increased back-dated penalties (which didn’t happen). My lawyers decided they would use every trick in the book to delay the case, which they did for a year. Oddly I escaped most publicity except for my local paper. I was unemployed and of no interest - doctors, lawyers, a policeman were being lined up for lynch mob mentality.
At my first court appearance - to set a date and court, the same local newspaper photographer was there with a reporter. My lawyer, who usually defended accused murderers, said later that the reporter's questions were the most 'out of order' he had ever been asked.
All the rules were being thrown away.
I had thought ahead and arranged for a friend to arrive at the court after me. We met in a private room after the five minute hearing and exchanged clothes. He then rushed out of the court with a coat over his head to be met by jeers, punches, spitting and catcalls from the assembled throng as three policemen watched idly. The photographer pursued him up the street, at which point my friend had to change directions to save the photographer from being run over as he backed onto a busy street, car horns blaring. A few days later the picture appeared with a lurid tale of my arrest. My friend had much fun later ringing the editor and threatening to sue for libel before receiving a grovelling apology for running the pic as me.
It's difficult to describe the following year. I spent most of it medicated and in isolation, two friends and my ex-wife providing support. I ran up huge debts in legal fees. The case eventually boiled down to 12 photos (amongst the few thousand legal pics - reported in the media as ‘vile porn’) . At the first hearing three charges were dropped when my barrister enquired what they actually were - the prosecutor had no idea. It sounds odd, but at no time did I say I was guilty or was even aware that I was. I don’t even recall being asked by my lawyers. I basically remember tactics discussed by my lawyer - the tricks he would use to delay and delay until the public attention died down. But this also tripled the legal costs. I think the state of my mind was that to fight the charge would be useless and I would be destroyed by publicity as I watched others who pleaded ‘not guilty’ being crucified. However, one police detective charged successfully fought with the claim that pics on his computer were in the cache.
Twenty years earlier I had been diagnosed with a particularly extreme form of bi-polar disorder and during therapy for a few years I had been consistently told by my shrink that I had a 'guilt complex’. I now began to believe that this arrest was some sort of punishment for past actions. I sort of accepted what was happening, but at times I was so overwhelmed by what I could later see was a persistent and repetitive media campaign of denigration . When the eight person committed suicide - a 21 year old man - amateur ‘child experts’ were given masses of air time on TV and in newspapers claiming "well they aren't around to abuse any more", usually accompanied by a story of how to spot whether one of these paedophiles was living next door to your family! Even in death, these accused-but-never-convicted people weren't spared.
Eventually, I was given a four month sentence by a magistrate who stated, "These aren't very bad pictures, but the law needs to be tested as to sentence." Now I was an experiment. I appealed and the Appeal Judge quashed the sentence stating, "This person is ill and needs psychiatric treatment, which he won’t get in jail."
He put me on a three year bond with the provision I was to receive treatment supervised by the parole board.
I should have taken the four months. I was now brought into the alien realms of a nasty and corrupt parole service. Far from treatment being organised (and there was no budget for it anyway), they set out to ‘breach’ me as often as possible. I was ordered to report weekly and at any time designated by them with only 24 hours notice. I was told I couldn't take a job offered interstate as it wasn't permitted (this was another lie - they could have transferred me to the care of an interstate parole board). I was told I couldn't travel without their permission. None of this was legal.
More court appearances and a barrister successfully argued that it was nonsense. The magistrate agreed but wouldn't order costs. Another $10,000 in debt.
The Parole Board's final act was to release me six months early, but to call it a breach. They sent me to a forensic psychologist on the excuse I needed to be moved to another office and that office required a report - despite in my original court case a report being prepared by the state's top forensic psychologist used by the police for murder cases, in which he described my actions, if I had committed them, as being totally out of character and that I was no danger to anyone and certainly not children. The Appeal judge has used this report for quashing the jail sentence.
Again a barrister appeared in court for me (another $5000), but no-one appeared for the parole board. The magistrate dismissed the case and released me from my bond.
Like Bryan (a separate story published earlier), I was now covertly recording every conversation with any official including parole officers. My barrister said these recordings - of them blatantly lying, could not be used in court. I had already told the parole board I had these tapes and they scoffed at me, also saying they would be illegal, but my lawyer said that's why they probably didn't turn up in court once they had realised I was defending this ‘breach’.
But there was a catch for them. I figured if they treated me like this - as an articulate former businessman who obviously appeared to be able to hire barristers etc - they must be abusing untold other people on bonds and who had been released from jail. I was livid with their ability to be able to lie on statements and affidavits with the danger I could be jailed and then avoid the matter.
However, the matter is now before the ICAC - a government corruption board with wide-reaching powers. I've been interviewed twice by their investigators, statements have been taken, the forensic psychologist has backed off, being unable to produce a proper psychological test done with me, as claimed by the parole board, and basically has dropped the corrupt parole officer in the soup.
Again, Operation Auxin was so widely reported with such prejudicial accusations I believe even the parole board thought it could do anything
In the meantime, after much legal wrangling, I was able to settle the family will dispute but found half of an inheritance eaten by legal costs for my conviction. Now two years after being completely free I've been able to re-assess the three years I wandered through in a fog, often suicidal. I was eventually able to track down an old computer on which a relative (an opposite number in the will dispute) had left filthy messages on for me when they had visited my home (the house was involved in the dispute). I've gradually built up a body of evidence which a new barrister has looked at. He's amazed I didn't plead ‘not guilty’. Several things are obvious.
Relatives involved in a lengthy legal dispute over the will had made numerous threats that ‘something bad involving the police" would happen to me - in front of witnesses -if I kept disputing the will. They had keys and access to the house I was living in and admitted to removing valuable furniture. They had a history of invading my computer. A credit card the police claimed had been used to access porn had been reported lost by me nine months before it was used illegally - and it had been used repeatedly over and over again throughout the world. All this information arrived too late for me, or I was so beaten down mentally by a continual media campaign, I had just given up.
I've come out of this much stronger though and at 65 I feel I have nothing to lose. I'm appalled how public opinion is manipulated by the police and politicians. I'm after scalps. I've claimed one (success) - the parole officer resigned, but it's not enough. I want her charged with perverting the course of justice and it will happen.
My new barrister, having read the original charge sheet (I could never bring myself to read it ) has said it's full of holes. And with the new evidence he is hopeful of getting the case overturned, but it will take time and cost a lot of money. Having reviewed the entire case, he also cannot find where I actually pleaded guilty and at best says he could successfully argue that with my mental condition at the time and media pressure, I had no idea what I was really doing. I wonder now how many other people end like this - just accepting guilt through pressure.
This case is all I really have now and I'm quite invigorated by the whole matter. I'm determined to make some sort of change so others don't go through what I did. I constantly think of those who killed themselves, and I think of the two, one 21, the other 18 years old. We've now viewed a copy of the tape - the entire search and arrest was filmed by police - and not once do they offer ‘psychiatric help’ as claimed - and as is apparent on the tape, they refuse me medication as I pleaded for them and continued to question me.
But it doesn't end there. A bizarre episode happened on a flight back from Asia that involved a campaigning and outspoken NGO. It resulted in me being detained illegally by customs and immigration for four hours when I returned to Sydney. When I eventually managed to contact my lawyer, he rushed to the airport and I was released immediately without explanation.
Anecdotally, I've been told by a crime journalist, an old friend who supported me through this ordeal and kept me posted on the ‘leaks’ coming from the police that the NGO is a covert Australian Federal Police officer and considered highly dangerous. I believe this episode was directly related to corruption within the AFP and that I have been creating too many waves. We've been asking for copies of airport tapes to track my movements but amazingly, just 2 weeks ago a Hells Angel was beaten to death at Sydney Airport and security tapes don't seem to have been working. The AFP will probably have far bigger problems on their hands than me.
I'm sure they set out to deliberately plot to convict as many people as possible whether guilty or not to make a huge splash. Subsequent events have overshadowed them with their illegal arrest and detainment of Dr Haneef over the Glasgow bombings. It was revealed in a government hearing over that matter that the AFP boss had told his officers to arrest as many people as possible on terrorism charges, no matter what the proof, to test the laws. I believe Operation Auxin was a prelude to that.
This isn't over by a long shot. I'll keep you informed of developments.
Stewart
Editor. The bizarre credit card details can be explained by the evidence uncovered by the Ore action group, just one example of how much can be learned by the ‘Auxinees’ from their British Ore colleagues. The police use of the media to hype up a witch hunt, based on doubtful or downright false information, for their own empowerment was also a large element in Ore.
Responses
From a UK reader
I've just read Stewart's account of his journey into hell and it makes Kafka and Orwell look insipid and unimaginative by comparison. There is, it appears, systematic corruption of a root and branch variety at work here. I suspect that an alliance of sexual bigots have united around a populist fantasy: like racist bigots, they manufacture spurious scapegoats for their own inadequacies, shortcomings, and perversities, a deception which allows them to vent enormous quantities of sadism and cruelty under the guise of decency and righteousness. They are palpably brimming with malice and vindictiveness, which they seem to confuse with justice and the rule of law. Stewart sounds like a most courageous individual, whose excruciating suffering is almost unbearable to read; I hope he succeeds in bringing these wicked and malignant zealots to justice - please wish him well from me.
From M in Australia
The police constantly change evidence to bolster their case. I was told by my counsel that the crown prosecutor was a fair man who would not bend points to favour police (another reason for having the most experienced lawyers-they had experience of everyone involved. and a healthy disregard for police). Ironically, in a highly publicised case, the prosecutor himself was charged with child porn possession about 2 years ago after he took his laptop to a court technician for repairs.
However he was given a day's warning by the DPP after being asked in for an explanation .The DPP wanted to know if the material was evidence in a case against someone. This would have been dubious reasoning and led to all sorts of scandals later. The police took 2 days to raid his home. In his court case he was accused of disposing of a portable hard-drive that contained the illicit material.
He received a 9 month sentence, was disbarred with a shattered career. However the media campaign against him was intense and vicious. About 20 people gave written references for him to the sentencing judge. These came from numerous judges, barristers, retired police officers , an ex-Attorney General, university professors and such. The media went into an orgy of hate against these referees, printing their names and photos. The main Murdoch tabloids allowed an on-line shredding of these people and published in print and on-line hundreds of scathing letters about the "pedo" prosecutor's pals including wild claims in editorials they should all be investigated. As I watched this unfold I truly thought the world had gone mad. It seemed to my inexperienced eye that the referees were being seriously libelled but I thought surely the newspaper must have had their legal advice before publishing these wild hate claims.
They hadn't as it turns out and News Ltd, publishers of the offending tabloid ( and News of The World, owners of Fox News etc ) are as ignorant in their on-line dealings as the general public. The referees launched a collective libel action against the newspaper. This was settled immediately with each offered a minimum of $40,000 each and extraordinary front page apologies. The newspaper now monitors it's on-line comments section and I've noted now-but only up until 18 months ago-they no longer have a comments section for cases before the court. The last I heard was that several of the referees were still pursuing extra libel actions although some had accepted extremely large sums in settlement. Again the unfairness here was demonstrated. Pillars of the establishment when attacked, can fight back.
Ironically The charged police prosecutor came under the same intense media campaign others had suffered. Press reports claimed he had thousands of illicit photos and videos. It turned out he had a few hundred questionable ones, the majority being legal pics of over 18 aged men. Calls for all his cases to be reviewed led to the DPP reviewing his cases from a 3 year period and declaring all were presented correctly.
The police I dealt with whilst being disarmingly courteous simply told outright lies in their statements to the court. They told the media they had spent 2 years investigating all those involved in Operation Auxin. As we all found out later from investigations by Duncan Campbell, this was a rubbish claim. The FBI had provided a list of several thousand names who had allegedly accessed the same site as in Operation Ore, to Australian police They couldn't have possibly investigated everyone. It would be my guess that after choosing 200 suspects to concentrate on, in the massive publicity following the arrests a few thousand people would have had time to dispose of any illegal material.
Reply from Stewart
I have read the comments by the two gentlemen on the page and feel a reply would be appropriate - as follows?
Firstly, just because of order, I would like to say to M of Australia that I am relieved to note that I was not the only one to have gone through this who also found that no-one in the legal system seems to have the vaguest clue about it in any way.
I do not claim to be any sort of computer expert; no more so that anyone spending a lot of their free time using one - is ANY adult of moderate intelligence an expert because they can follow the instruction guide for a gadget? That is me. I'm no expert, but neither am I stupid.
For all their learning, I can only surmise that a) apparently intelligent persons working in the British/Western legal system are so intensely stupid that it all would actually make a perverse, "The Prisoner" kind of sense? Or b) we all must accept that there is a deliberate and malicious cover-up of this and other flawless defence evidence and computer related propositions, and for the sake of all the other poor sods out their affected by this truly evil and malicious crime our governments are perpetrating against the people, they MUST be put into the public domain!
Could it be that the transitory nature of time and date stamps alone could put paid to all the nightmarish totalitarian plans for digitised National Biometric ID cards? They could "enhance" any one's data in any way they wanted, and no one would be any the wiser; or able to prove it! Are we just part of an uber-plan and excuse to blast every trace of civil and human rights from the statute books?
In M's case, would I be right to assume that no one ever asked the police to confirm that the files on your computer were provably there prior to the point your machine was seized? I thought not. Its always the same.
On a tangent, would I also be right in thinking that the police never offered any proof that you hadn't informed them of your travel arrangements?
Its like asking someone to prove that they didn't eat bacon and eggs for breakfast two weeks ago. Think about it!
Never forget, the whole judicial system IS fighting a battle it HAS already lost - once its out there!!
I wish I had my time over again. Knowing what I do now, there is NO WAY I would NOT represent myself as I would have told a certain (former) television personality had his lawyers (who it took me 12 months to trace btw) refused to listen to me or give him my contact details (if anyone knows CL, please tell him to contact me)
And to S in UK, I would like to apologise if I have said anything to offend or upset you - it was certainly not my intention feeling, as I do, that all of us falsely accused, wrongly convicted, and other interested parties stick together and get the information out there!
We MUST take a stand!
Bryan’s story
I came across your site in my search to see what others are doing about the current situation that seems to be sweeping the western world. My story I believe should hold up as a warning to others, not only in what initially happened to me, but also about the process which I found to be totally unfair and violated so many of my human rights.
In December 2007, I was a happy bloke. Having recovered from a spinal injury and gotten myself back to work after a fairly lengthy time, I was living with post-traumatic syringomyelia and the problems that brings, but I was going well living in my small unit with my son (I'm was a single parent of a teenager). I was a forensic psychologist believe it or not, working with a range of folks in the system.
Then the federal police came knocking on my door as I was getting ready for work one morning. They had a warrant to search my computer for 'child exploitation material'. They had a good look, wouldn't allow me to have anyone else present during the search (my son had already gone to work), and assaulted me during the search!
They were acting on a 'tip off' from Interpol, which stated they had recorded an illegal file which was downloaded to my ISP, and they said that they had been monitoring my internet usage for the 3 days prior to the search where they said other files were downloaded to my ISP that were illegal.
Well, they didn't find the files they were looking for. What they did find however were 2 video files of legitimate adult actresses (thanks to my son who had been using the computer while I was out a few days before). The police then arrested me based on this alone! They said the files were illegal because in their judgement one was of a person under the age of 18! (I was later able to track down the original movie, and purchased it for my legal team to use in court as it was a classified movie both in the US and Australia).
I originally thought, this won't take long. It will be over in just a few weeks. How wrong I was. 10 months went by before the matter eventually got to a committal trial - where it was thrown out after just 30 minutes of court time. The DPP and police postponed the mention trial 6 times before the matter eventually found its way to committal with many excuses (in other words, they didn't have any evidence and were fishing around for a case).
During the process, the DPP and police tried on many dirty tricks, such as faxing their brief to my solicitor at 5:30 on the Friday before the first mention trial which was due on the following Monday at 9am. When attending the office of the DPP to view the files with my solicitor, they turned us away because they said 'they couldn't play the files!'.
What they didn't do was investigate alternative explanations for the recording of these downloads against my ISP. I suspect that I was a victim of 'piggybacking' - which is the practice of stealing a person's wireless internet by accessing a 'hotspot'.
Well, I'd like to say that the matter is fully at rest, however because someone in the police leaked my name to the media shortly after my arrest, I had my name plastered in the local newspaper - with the result that my name has been trashed in my local community.
It cost me a fortune to defend the matter - and during the 10 months it took to get to trial I couldn't work, meaning that the police used this as a way to wear me down by postponing the matter as many times as they could (I couldn't work due to having my working with children's check blue card confiscated - and besides that what was I to say!). The police contacted my employer, and I had to resign from my job in any event - too dangerous for me to work in a goal.
My legal team knew me, as I had done a bit of work for them in the past in my capacity as a forensic psychologist. The barrister said to me before I went to trial "Bryan, you've always been a clean skin, and you are now". At least they believed in me, which is more than I can say for almost everyone I knew!
I seriously contemplated suicide on at least 8 occasions. The amount of pain I experienced (and still do) was huge. What kept me going was the fact that I knew I was innocent, plus my son (god bless him) wanted to put his hands up and go to the police (which I would not entertain in any way as I was much more equipped than a 17 year old to handle this - but there again who is?), and my ex-wife who knew me well enough to dismiss the matter as the rubbish it was.
The police raid consisted of OVER-ZEALOUS investigators, going about the matter with such enthusiasm I have rarely witnessed. In fact, one of the female cops appeared to be so affected by her work, that I could tell she was clearly psychologically affected to the extent that I thought she should not be working in this job (yes I am qualified to make this statement).
When examining my computer, they wouldn't allow me to see what they were doing at my house! Yes, I believe there was room for corruption here! They could have done anything, and I wouldn't have known.
While locked up at the watch house, I wasn't allowed to go to the toilet, or have access to drinking water for several hours, except after I managed to gain the attention of a civilian interpreter who came to the watch house for another matter - after this I was allowed to go to the toilet at least!
While on bail, I was treated to much mistreatment by the police I was made to report to. Fortunately for me, I purchased a covert video recorder in the shape of a pen, and managed to record some of this. I have complained, but surprise, surprise, nothing has been done!
No one it seems is interested in my story. Presumably because they too may become infected with the stigma of the accusations that were falsely levelled against me. Not even the media (who were responsible for trashing my name to start with).
It seems I have no comeback. I can't sue the police for wrongful arrest and malicious prosecution because legislation in Australia says that to prove malice, I have to have some sort of statement to prove they acted out of malice! I can't sue the media, because all they reported was that I was arrested for possessing child exploitation material (and accessing the internet to download this material). I can't get the money back that I spent on my defence - even if we thought to ask for it at the time, all I could expect would be a couple of thousand - a fraction of what was actually spent - because that's what the Government has legislated for!)
I am about to make a submission to the Commissioner for Human Rights. I am at a disadvantage here too because I can't afford to pay to have a lawyer look at my submission. In any event, I don't expect to see much joy here as well, because Australia has a horrible history when it comes to Human Rights violations. Take a look at how the government has disregarded any decisions made in the International Human Rights Court!
The only thing I may have them on is my treatment at the watch house. Because of my disability, which I told them about, I believe I was treated in a way that disregarded my human rights as a person with a disability due to the special requirements I have in relation to needing access to a toilet on demand. Believe it or not, this is the only way I can get compensation of any type. So far, my submission to the Human Rights Commission is 35 pages long.
In addition to all this, the Department of Child Safety got involved. They called me up the week after I got arrested. I had been separated from my current wife for some time due to having sold the family home to pay for my medical treatment. We had planned to get back together and had purchased a block of land to build our house on (which I had to sell to pay for legal costs). I believe the Dept of Child Safety was working with the police, because they called me up and had the audacity to ask me what my defence was that I was going to use in court! They told me that they wanted to 'interview me' in relation to a notification by the police (I have a 7yo son who lives with my wife). They told me that if I refused to be interviewed that they would 'automatically substantiate the claims' after I told them I would not be interviewed unless my solicitor was present! My solicitor tried in vain to contact them to arrange for the interview, however wasn't successful in contacting the officer concerned. A week later, I got a letter stating that they had substantiated the allegations, and that I wasn't allowed to see my youngest son without supervision. In the same letter, they stated that they advised my wife to seek sole custody of our son! (During the phone call, the officer told me that she had advised my wife to divorce me and seek sole custody of our son!)
Well, so much for justice. I now have a 'substantiated matter of concern' with the Department of Child Safety, despite having the charges against me - not only dropped, but fully dismissed by the court. Guilty by reason of unsubstantiated allegation!
My problem now is what do I do? How do I put my life back together. My reputation is completely shot. I have a 'record' with Child Safety. And I can't get any redress (Department of Child Safety Officers are immune to being sued - again through Government Legislation).
My wife and I really wish to get back together and put this behind us, but we can't.
I am now thinking of doing a law degree, solely for the purpose of concentrating on Human Rights cases. Unfortunately I lack the financial resources (thanks to the history I outlined above).
I am certain that there are many others who have experienced the same as I have. I am wondering if there are any other folks from Australia who have successfully fought their charges and who would like to join in my fight for compensation?
Apart from anything else. My story should serve as a warning to just how dangerous the Internet is, especially those who have a wireless router, or wireless service.
That's my story, there's heaps more that happened, but it would probably take up a book if I attempted to write it all.
More from Bryan
After some corrospondence, Bryan added this
thankyou for publishing my story. Lets hope it helps others in some way.
I am wanting to lobby to have it unlawful for anyone's name to be published at all before they are convicted. Unfortunately these types of cases are just open slather for the media who seem to get off on naming and shaming folks before they get their day in court. The trouble with this is that it clearly violates Human Rights in a couple of ways. Firstly in the right to the presumption of innocence. Next is the right to freedom of a fair trial, which no one could possibly get due to jury contamination after having your name plastered in the media.
I'd like to add a couple of things from my experience if I may. If you are going through this process, you need to know this, because the presumption of innocence isn't available to you. Quite frankly, you would be much better off if you were accused of murder!
Also, thank you P (another responder) for your kind words. It is encouraging now to see the folks in my circle of acquaintances come out of the woodwork in support of my plight to see justice done. In my case, I am particularly interested in the Human Rights side of things. If there were ever a case where Human Rights should be enforced, it is mine. It is exactly because I was innocent that it is most important to observe Human Rights. Of course, we know that no matter what a person has done, everyone deserves the dignity of their human existance, however these rights were created to protect the vulnerable, and to guarantee the rights of ordinary people - of which I am certainly one!
Tip number 1.
When the police come knocking at the door, take note of who they are. Ask for their names, and ask for their identification numbers. Most countries have Police Acts that stipulate police have to provide this to you 'on demand'. Write down who they are. It will be important later when you want to complain about their conduct.
Tip number 2.
DO NOT SAY ANYTHING. In most countries, you are required to identify who you are by stating your name and address, however this is under specific circumstances. Under no circumstances say ANYTHING. Everyone has the basic right to the presumption of innocence, and to THE RIGHT TO REMAIN SILENT. This should NOT be held against you in any way shape or form. In my case, I insisted on this.
I forgot to add in my original story that I started my working life as a cop. Yes that's right, I was a cop for a couple of years when I gave it away due to what I saw. THE FIRST THING WE WERE TAUGHT AT THE ACADEMY was that 99% of a policeman's powers is the 'ability to bull*bleep*'. Yes, that's right, straight from a Senior Sergeant Lecturer on the Powers of Arrest!
In some countries, even if you have not been warned about your right to remain silent, they can - AND DO ask you questions, and what you say is then used against you. Don't be fooled, even if you are innocent, what you say can still be used in some way against you. DO NOT UNDERESTIMATE THIS. IT IS IMPORTANT.
Tip number 3.
AS SOON AS POSSIBLE: get a solicitor/lawyer, and get the best you can afford. In some countries, if you can't afford your legal representation, Legal Aid organisations will entertain the idea of at least partly funding your defence if you can't afford it. If you have been accused of a crime like the one I was, then it is unlikely you will be working, so discuss this with your lawyer and make an application as soon as possible. If they send you to goal because you didn't have representation, then you won't have any money either - or your liberty!
If you get off, then at least you stand a chance of getting employment and paying your lawyer off!
Tip number 4.
Gain the support of people you can trust, however watch what you say to anyone at all. What you say to others can and will be used against you. Keep your confidants to the people you ABSOLUTELY KNOW YOU CAN TRUST! Which will be VERY FEW believe me!
Every telephone conversation, every conversation you have behind closed doors, everything, can be surveiled and used against you. The only exception is any conversation you have with your lawyer, however even this is problematic because if in the open, it can be used as intelligence by the police even if they can't use it in court. The idea is NOT to let the police know how you are going to embarrass them. In my case, the brief changed accordingly when they found they didn't have the evidence they were looking for!
When in courts these days, something that ISN'T commonly known is that court rooms and thier surrounds are now electronically recorded, and the devices they use are particularly sensitive. Even things you whisper to your solicitor down the corridor, or in the court room, in the gallery, can be recorded, and the POLICE CAN AND DO GAIN ACCESS TO THIS WHEN THEY NEED TO!
When in the watchhouse, keep to yourself, and DON'T SAY ANYTHING TO ANY ONE ELSE that they may stick in with you. They may be a police informant!
Tip number 5:
Be PARANOID, BE VERY PARANOID! I know what I have said here sounds paranoid, however it did keep me safe. I know the above to be true, because I also knew some cops before I was wrongfully arrested and maliciously prosecuted. They used to tell me about these things, but dismissed them at the time as unimportant.
I need to highlight that I have never viewed child pornography, and am completely against the exploitation of children in any way. In my work life, I have had to deal with the long term effects of child abuse - REAL CHILD ABUSE THAT IS - and it's not pleasant for the victim. However, I am certain of many many cases where the lure of criminal compensation is high on the agenda for some claimants, and with the State paying out of the taxpayers coffers in most instances, it presents with a big lure for some. That doesn't however debase the genuine people out there who have genuinely suffered as a result of abuse, it has a devastating effect on some people.
My story however is one where innocence was turned into something else, with the over-zealous performance of a bunch of Keystone Cops!
One thing I didn't say in my story above was the fact that I wasn't even at home when the so called alleged child pornography was downloaded to my ISP address. My employer at the time kindly provided me with a statement to say I was 30km away logging onto my work computer and getting ready to see a client when the file was allegedly downloaded. Yet something else the Keystone Cops didn't check out!
I wish everyone well and success in their respective fights for justice.
Case for malice?
Bryan continuing:
I am writing this time to see if anyone may have an opinion regarding an aspect of my case that is pretty important in terms of suing the police for what they did.
My barrister at the time of the case said to me that he thought there may be a possibility of a tort for malicious prosecution in my case, and when he investigated it the issue is that you have to prove 4 elements to be successful.
The issue that stopped us here is the element of proving maliciousness because there must be an indication that you can prove the police or prosecutor acted out of malice in some way. Every other element is present in my case, the fact that the case was dismissed and did not go to trial is important, together with having suffered an injury as a result as well as there being no basis for the arrest in the first place.
I am currently seeking access to documents, which is being frustrated by the police. My thoughts are that if I can find something in their documentation that proves they were acting out of malice, that is to say, for some other reason other than to bring just me to justice, then I do stand a chance.
My thoughts are that malice can happen on a number of different levels. First of all it can be the police officer who arrested you, or the prosecution acting out of some reason other than justice. The other level is at a systemic level, where for example if there were some instruction by the police? For example at the moment I know that anti-terrorism laws are being challenged in that way because there were a number of people falsely arrested here. The police commissioner issued an order to arrest and prosecute as many people as possible in order to 'try out' the new laws. This is obviously malice due to the fact that people are not being brought to justice for committing a crime, but rather to test out legislation.
The Ombudsman's office has been rather encouraging due to their help and advice (which they don't normally do). So, I'm going down this track in the hope that it may turn up something. It's not going to be an overnight exercise, but well worth pursuing.
If anyone has any experience in the area of false arrest along these lines, any advice would of course be more than welcome.
And should any other Australians be interested in making contact, I would be very much interested in hearing from them. Particularly if they have had their cases dismissed, or wrongful convictions quashed.
Created on 05/03/2009 09:20 AM by Editor
Updated on 05/04/2009 09:05 AM by Editor
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