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why Obama’s warnings about dictatorship are more than justified

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Watching one of the cable news networks, either CNN or MSNBC – I’ve become interested in the USA’s parlous political situation as a diversion from my own probs – I listened not so attentively to two opposing views on a recent speech given by Barak Obama in which he warned against complacency with regard to creeping dictatorship. This speech has apparently inflamed Republicans, or members of the alt-right, whatever, I’m not too keen on knowing all the distinctions within that country’s disturbing polity. I got a sample of this ‘indignation’ when a right-wing pundit on the show launched into Obama for his example of Germany in the thirties – all those millions of Jews and Enemies of the State gassed, all that racist ideology and disgusting craziness, how incredibly offensive to make such a comparison, right? Obama really showed himself to be the most shameful opportunist, who’d stoop to anything, and how can you possibly compare this Trump administration with such a maniacal mass-murderer and his henchmen, etc etc.

Then the leftist speaker got to respond and it quickly degenerated into a shoutfest. Of course I felt like shouting too, but then I thought of a more dignified response.

Obama spoke calmly and thoughtfully, and yes certainly he was referring to the Trump administration without naming it. And his comparison with the rise of Hitler might have been controversial but what other choice did he have, seriously? What other dictator would’ve meant anything to most Americans? Obama had a choice of dictatorships subverting democracy. In other words, recent dictatorships. He also would’ve known, consciously or unconsciously, that your average American knows less than zero about the history of any country other than their own. So is he going to talk about Franco’s Spain, or Tito’s Yugoslavia, or Suharto’s Indonesia? Not bloody likely, that would be like talking Swahili to an American audience. Hitler was the obvious, really the only choice. And I have to say, I’ve long been pissed off by the ‘never mention Hitler’ taboo in political discourse. He should be mentioned regularly and often, and then again.

Trump has clear and obvious dictatorial tendencies. He rarely if ever has anything positive to say about democratically elected leaders, but he’s passionately in love with Putin, a petty dictator who’s turned his country into an economic basket case, with a GDP almost exactly the same as Australia’s in spite of a population six or seven times the size. Putin tortures and murders his opponents, or steals their money and sends them into exile, where they live in constant fear for their lives. He has likely destroyed any possibility of democracy in Russia for decades, though I try to still be optimistic about that. I have no doubt that Trump is only curbed by the institutions he lashes out at – the media, the courts, the FBI, the Department of Justice, etc, and would love nothing more than to be monarch of all he surveys, with statues and banners devoted to him everywhere. Then he wouldn’t be reduced to empty threats of suing the many women he’s abused, he could simply eliminate them – a much more permanent, and cheap, solution. He wouldn’t have to humiliate himself by begging support for the Roy Moores of the world, he could simply appoint them, as does his great love Putin.

So the point is that today’s joke can become tomorrow’s reality. Recently, Trump has expressed his ‘disappointment’ about not being able to control the Department of Justice, clearly referring to the Mueller investigation. Privately, we hear, he’s apoplectic with rage about it. We hear also about his ‘administration’ trying to set up an alternative CIA, and his lawyers suggesting he can’t obstruct justice by virtue of his position. You want to laugh, but how many of us were laughing at the very idea of Trump’s candidacy?

All of this, it seems to me, results from a political system in which way too much power is invested in one man (hopefully there will be a female Prez some time soon). In this respect, the USA appears to have far less checks and balances than other western political systems. For example, it appears that the US Prez has veto rights over decisions made by the US congress or senate. This would be unthinkable in any other western nation that I know of. There’s also the apparent fact that the Prez is seen as the representative of justice in the country, which is why past Presidents such as Nixon have seemed confused about their relationship to the law – whether they’re above, below or adjacent to it. It’s a farcical but disturbing situation which just doesn’t occur in other western democracies, in which roles and power are more diversified and the leader is very much first among equals. The fact that legal experts are actually debating whether the American President can be accused of obstructing justice is a perfect example of the craziness at the summit of US politics. If the Prime Minister of Australia, or Great Britain, or the Chancellor of Germany tried to argue that they were above the law, they wouldn’t be just thrown out of office, they’d be laughed out of office. They say that power corrupts and absolute power corrupts absolutely; the US President’s power isn’t absolute, but it’s certainly too far on that side of the spectrum.

So Trump is currently pushing an envelope that’s already too large – the envelope of Presidential power. But there are positive signs. Certainly there’s no chance of him being re-elected, with his popularity waning and no real chance of it rising again, with a profoundly serious criminal investigation moving inexorably closer to Trump and his family, and with local elections moving against the Republicans. The tragedy is – and this is yet another problem for the US political system – that when Trump is pushed out of office, which I predict will happen next year, his administration won’t be dumped at the same time, as would happen in just every other democratic country, with fresh elections held. Instead you’d have an entirely discredited administration, led by the super-imbecilic bible-basher Mike Pence or the generally supine Paul Ryan, limping along for another two or three desolate years.

I may have made some mistakes about how the political system works in the USA, as I don’t like to get too close to it (I don’t find the odour appealing), but I do find it tiresome if not laughable when I hear American pundits talking about theirs as the greatest democracy, or their country as the cradle of democracy, etc. I am finding it entertaining at the moment though, with due deference to the poor and the struggling who are truly being done over by their absurd President and his horrendous policies.



Written by stewart henderson

December 10, 2017 at 11:09 am

more on Australia’s energy woes and solutions

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the SA Tesla Powerpack, again

Canto: So the new Tesla battery is now in its final testing phase, so South Australia can briefly enjoy some fame as having the biggest battery in the world, though I’m sure it’ll be superseded soon enough with all the activity worldwide in the battery and storage field.

Jacinta: Well I don’t think we need to get caught up with having the biggest X in the world, it’s more important that we’re seen as a place for innovation in energy storage and other matters energetic. So, first, there’s the Tesla battery, associated with the Hornsdale wind farm near Jamestown, and there are two other major battery storage systems well underway, one in Whyalla, designed for Whyalla Steel, to reduce their energy costs, and another smaller system next to AGL’s Wattle Point wind farm on Yorke Peninsula.

Canto: Well, given that the federal government likes to mock our Big Battery, can you tell me how the Tesla battery and the other batteries work to improve the state?

Jacinta: It’s a 100MW/129MWh installation, designed to serve two functions. A large portion of its stored power (70MW/39MWh) is for the state government to stabilise the grid in times of outage. Emergency situations. This will obviously be a temporary solution before other, slower reacting infrastructure can be brought into play. The rest is owned by Neoen, Tesla’s partner company and owner of the wind farm. They’ll use it to export at a profit when required – storing at low prices, exporting at higher prices. As to the Whyalla Steel battery, that’s privately owned, but it’s an obvious example, along with the AGL battery, of how energy can be produced and stored cleanly (Whyalla Steel relies on solar and hydro). They point the way forward.

Canto: Okay here’s a horrible question, because I doubt if there’s any quick ‘for dummies’ answer. What’s the difference between megawatts and megawatt-hours?

Jacinta: A megawatt, or a watt, is a measure of power, which is the rate of energy transfer. One watt equals one joule per second, and a megawatt is 1,000,000 watts, or 1,000 kilowatts. A megawatt-hour is one megawatt of power flowing for one hour.

Canto: Mmmm, I’m trying to work out whether I understand that.

Jacinta: Let’s take kilowatts. A kilowatt (KW) is 1,000 times the rate of energy transfer of a watt. In other words, 1000 joules/sec. One KWh is one hour at that rate of energy transfer. So you multiply the 1000 by 3,600, the number of seconds in an hour. That’s a big number, so you can express it in megajoules – the answer is 3.6Mj. One megajoule equals 1,000,000 joules of course.

Canto: Of course. So how is this working for South Australia’s leadership on renewables and shifting the whole country in that direction?

Genex Power site in far north Queensland – Australia’s largest solar farm together with a pumped hydro storage plant

Jacinta: Believe me it’s not all South Australia. There are all sorts of developments happening around the country, mostly non-government stuff, which I suppose our rightist, private enterprise feds would be very happy with. For example there’s the Genex Power solar, hydro and storage project in North Queensland, situated in an old gold mine. Apparently pumped hydro storage is a competitor with, or complementary to, battery storage. Simon Kidston, the Genex manager, argues that many other sites can be repurposed in this way.

Canto: And the cost of wind generation and solar PV is declining at a rate far exceeding expectations, especially those of government, precisely because of private enterprise activity.

Jacinta: Well, mainly because it’s a global market, with far bigger players than Australia. Inputs into renewables from states around the world – India, Mexico, even the Middle East – are causing prices to spiral down.

Canto: And almost as we speak the Tesla gridscale battery has become operational, and we’ve gained a tiny place in history. But what about this National Energy Guarantee from the feds, which everyone seems to be taking a swing at. What’s it all about?

Jacinta: This was announced a little over a month ago, as a rejection of our chief scientist’s Clean Energy Target. Note how the Feds again avoid using such terms as ‘clean’ and ‘renewable’ when it talks or presents energy policy. Anyway, it may or may not be a good thing – there’s a summary of what some experts are saying about it online, but most are saying it’s short on detail. It’s meant to guarantee a reliable stream of energy/electricity from retailers, never mind how the energy is generated – so the government can say it’s neither advocating nor poo-pooing renewables, it’s getting out of the way and letting retailers, some of whom are also generators, deliver the energy from whatever source they like, or can.

Canto: So they’re putting the onus on retailers. How so?

Jacinta: The Feds are saying retailers will have to make a certain amount of dispatchable power available, but there is one ridiculously modest stipulation – greenhouse emissions from the sector must be reduced by 26% by 2030. The sector can and must do much better than that. The electricity sector makes up about a third of emissions, and considering the slow movement on EVs and on emissions reductions generally, we’re unlikely to hold up our end of the Paris Agreement, considering the progressively increasing targets.

Canto: But that’s where they leave it up to the private sector. To go much further than their modest target. They would argue that they’re more interested in energy security.

Jacinta: They have a responsibility for providing security but not for reducing emissions? But it’s governments that signed up to Paris, not private enterprises. The experts are pointing this out with regard to other sectors. More government-driven vehicle emission standards, environmental building regulations, energy efficient industries and so forth.

Canto: And the Feds actually still have a renewable energy agency (ARENA), in spite of the former Abbott government’s attempt to scrap it, and a plan was announced last month to set up a ‘demand response’ trial, involving ARENA, AEMO (the energy market operator) and various retailers and other entities. This is about providing temporary supply during peak periods – do you have any more detail?

Jacinta: There’s a gloss on the demand response concept on a Feds website:

From Texas to Taiwan, demand response is commonly used overseas to avoid unplanned or involuntary outages, ease electricity price spikes and provide grid support services. In other countries, up to 15 per cent of peak demand is met with demand response.

Canto: So what exactly does it have to do with renewables?

Jacinta: Well get ready for a long story. It’s called demand response because it focuses on the play of demand rather than supply. It’s also called demand management, a better name I think. It’s partly about educating people about energy not being a finite commodity available at all times in equal measure…

Canto: Sounds like it’s more about energy conservation than about the type of energy being consumed.

Jacinta: That’s true. So on extreme temperature days, hot or cold – but mostly hot days in Australia – electricity demand can jump by 50% or so. To cope with these occasional demand surges we’ve traditionally built expensive gas-based generators that lie idle for most of the year. For reasons I’m not quite able to fathom, at such extreme demand times the ‘spot price’ for wholesale electricity goes through the roof – or more accurately it hits the ceiling, set by the National Energy Market at $14,000 per MWh. That’s just a bit more than the usual wholesale price, about $100/MWh. Demand management is an attempt to have agreements with large commercial/industrial users to reduce usage at certain times, or the agreements could be with energy retailers who then do deals with customers. Of course, bonuses could be handed out to compliant customers. The details of how this offsets peak demand usage and pricing are still a bit of a mystery to me, however.

Written by stewart henderson

December 9, 2017 at 9:07 pm

the battle for justice: an update – the problem with documents

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

So I fired off an email to DCSI a few days ago, probably unwisely. because I was irritated when I looked  more closely at their apparent agreement to give me a face-to-face interview as part of my appeal. Here’s what it says:

We confirm that you can provide additional information in the form of a face to face meeting with a Senior Assessment Officer…. I have also noted on your file your request to provide this information by way of a face to face interview so that they are aware of your preference to have a face to face meeting.

The problem with this form letter is that I didn’t ask for an interview in order to provide more information. I didn’t have any more information to offer, and I’d kept no documents of the case. I’d already provided my 2,500 word account of the case, together with links to my blog pieces of the time – a further 3,000 words or so, though probably not all relevant to the case. My reason for requesting  the interview was to provide a human presence to supplement their beloved documents, and to give them an opportunity to explain their decision to me. They had, of course, given no explanation of or justification for their decision whatsoever.

So my rather peeved email may have torpedoed my chances of an interview, which is unfortunate as I just may have some more information by the time they give me that interview. I’ve made an official request to the SA District Court for court documents relating to the case, and a freedom of information request to the SA Police for police documents relating to my arrest and the charge. So I should soon be swimming in documents. I’m just hoping they arrive in time for the interview, if I get one, and of course that they reveal something useful for me.

I’ve also been advised to stop trying to do everything myself and get some legal advice, gratis if possible. Possibly a lawyer might be able to advise me regarding the possibility of connecting my accuser and finding out if he’s changed his mind, or if it’s possible to sue him for defamation, or if he’ll change his mind on pain of being sued. That’s obviously a long shot, and again it would take time (and money), which I don’t have enough of. False accusation is actually a criminal offence according to this NSW site, and I presume it’s the same in SA, but in my case the accuser was a minor, and a child under the guardianship of the minister (GOM) when he made the claim. So he was well-protected from prosecution. It’s just another indication that foster-carers are in a particularly vulnerable situation. No protection for them.

I’ve always had this useful mantra or rule of thumb in negotiating the slings and arrows. That is: if something goes wrong in your life, first, blame yourself. So in what ways am I to blame for my predicament?

First, I was naive in thinking this would never happen to me. I imagined I’d be able to win the respect of every boy in my care. I’d give them space, and I’d always explain plainly any disciplinary action I had to take. I’d teach them if they wanted to be taught, I’d correct them good-humouredly if they had dangerously wrong-headed ideas. I could get them to trust me and not see me as any kind of enemy. And I think I succeeded in that, even with the boy who told the big lie. However, I underestimated the difficulties i might have with some of the kids, and I underestimated the degree to which their agendas differed from mine.

I also underestimated the danger I’d put myself in, and the lack of protection for people like me, in one-on-one situations with a fifteen-year-old whose aspirations had virtually nothing in common with mine.

But these aren’t serious faults. Above all, I underestimated the ineptitude of the police and justice processes that I’d given myself up to once the arrest had been made, and the lie revealed (to me).

So here’s a question. How is it that a 15-year-old boy, of below average intelligence, IMHO, who simply wanted to avoid being put into care again, could, with a single, fairly obvious and transparent lie, completely defeat and make a mockery of the professional processes of the SA Police, the DPP and the DCSI, and destroy an innocent person’s career and reputation? HOW COULD THIS HAPPEN?

It’s a rhetorical question, but an angry one. I know how it is. It’s due to inertia, complacency and ineptitude. And a lack of understanding, or even concern, as documents are shifted from office to office and desk to desk, that this is about people. 

When I first started to create a folder called ‘the big lie’, to collect any of the documents that happened to come my way, I was pretty sure I knew how this lie could be exposed and the matter resolved, but I was also sure it would never happen. All it would take would be a conference – the boy, his mother, selected family friends, and myself and selected supporters, including the social worker monitoring the placement. I was confident that, faced with this boy, I would expose the lie with a minimum of pain and embarrassment on his part, so he would continue living with his mother (if she would have him), and everyone would be alerted to the potentially destructive nature of his behaviour.

So that’s another point on which I can blame myself. I should’ve pushed this idea, though I don’t think his mother would’ve agreed. I think she would’ve been vehemently against it, convinced her little darling was telling the truth.

Anglicare, though, would’ve been for it, methinks. They knew the boy, and above all they knew me, which is why they didn’t take long to clear me once the criminal case was dismissed, and put more foster kids successfully under my care. That’s the point. Why would Anglicare, the welfare arm of the Anglican church, be the only institution to clear my name and allow me to keep working, when everyone knows that there’s an understandable moral panic about religious institutions and child sexual abuse? Why would they, under such pressure, keep on an ‘alleged rapist’?

I know the answer to that one too. Because they were the only organisation in this case that scrutinised people rather than documents. They knew my character, having worked with me for some time, and they knew the problems I’d been facing with the boy in my care. None of the others had the slightest idea, and showed no interest whatever in finding out.


Written by stewart henderson

November 21, 2017 at 9:40 am

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towards the ousting of Trump and his confederacy of dunces

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Before all this shite came up I was writing something completely different. In order to alleviate myself of my own existence for a while, I should get back to it, and update it.

We’re living in interesting times, and I can’t help but put my weird and less than minuscule shoulder to the wheel in trying to bring down Trump and his cowboy cronies. I’ve been trying to ignore this stuff but it’s just getting too exciting. There’s been the Paradise Papers, the Facebook revelations, sex scandals and of course the Mueller inquiry. The pundits of the cable news network MSNBC are almost peeing their pants on camera as they gleefully rake through the revelations of Russian links to the Trump administration. It’s a great time for the media, with an obvious charlatan in the White House, whose buffoonery provides endless talking points, while ordinary folks and elephants get shafted big-time.

I’m not always a huge US watcher, and I’m of course pretty ignorant on the details, but it’s been a circus that’s been difficult to ignore lately, and the pickings are getting richer and richer. I’m garbling up metaphors here, so let me calm down and look at the now distinct possibility of removing Trump from office. First, the Mueller inquiry. NBC news is reporting, with apparently impeccable sources, that Trump’s former, albeit brief, national security adviser Michael Flynn is close to being charged with money laundering and perjury by the Mueller team. Of course, Trump’s former campaign manager Paul Manafort and his aide Rick Gates have already been indicted and it looks like a junior but big-talking foreign policy adviser to the administration, George Papadopoulos, is assisting the team with their inquiries after pleading guilty to perjury about Russian connections. I’ve been listening to a number of legal and political experts being interviewed, mostly on NBC, and it looks as though the case against Manafort, the biggest fish, is extremely strong, and it seems like a matter of days before Flynn is indicted, but what would I know? On top of that, there’s Jefferson Sessions, the US Attorney-General and apparently an arch-racist, who has perjured himself under oath, and others who are key figures in the Trump admission, including his son-in-law Jared Kushner.

It does seem as if Trump’s hold on power is crumbling, unless I’m falling prey to the manic glee of American liberal pundits. Certainly there are polls and election results that suggest maybe I’m not getting ahead of myself. There has just been an election victory for the Democrats in Virginia, and the (extremely unpopular) Republican governor of New Jersey, Chris Christie, has been swept out of office. The Virginia result in particular is being treated by some as a watershed event (where does that odd term come from?) but maybe not. Certainly though it’s bad for Trump, who heavily supported the Republican candidate (then threw him to the dogs when he lost). The apparently reliable Reuters/Ipsos poll measuring Trump’s approval/disapproval rating has him currently at about 36%, with 59% disapproval, figures which have remained more or less steady for the last two months. I don’t see a huge dip in the polls – his numbers have always been quite low, it seems, but unless they pick up he’s going to be very vulnerable, and may become more extreme under pressure. His lack of success in pushing his agenda, his gaffes, his tweets, the Russian mess  and the inquiry, they’re all converging to ensure that he won’t be elected again, but what are the chances for those who want him out before the next election. Surely almost all hopes lie with the Mueller inquiry.

Robert Mueller was the Director of the FBI from 2001 to 2013, its longest serving director since the thuggish J Edgar Hoover. Appointed by George W Bush, he was given a two-year extension to his term by Barack Obama, and was eventually replaced by James Comey, who was controversially sacked by Trump earlier this year, a decision which may prove disastrous for the man with One of the Great Memories of All Time (a memory which may well be tested under oath soon, according to former US solicitor-general Ken Starr). It was Comey’s slightly controversial dismissal that led directly to the 2017 Special Counsel Inquiry headed by Mueller, since Comey alleged that Trump had essentially tried to obstruct justice by asking him to drop an FBI inquiry into Flynn and his connection with Russia. Mueller and his team’s brief is to investigate “any links and/or coordination between Russian government and individuals associated with the campaign of President Donald Trump, and any matters that arose or may arise directly from the investigation”, to quote from assistant Attorney-General Rod Rosenstein, who appointed Mueller in the position. That’s a pretty wide brief, it seems to me. Mueller has a fearsome reputation and he’s gathered together a team of 16 lawyers, some of them highly reputed, and if Flynn is indicted, which appears a near-certainty, things may well reach crisis-point for the administration.

So it all appears to be going along nicely, if painfully slowly for those who want Trump and his confederacy of dunces removed. The thing is, Mueller and his team will be thorough. They won’t go charging in and arresting people unless the evidence is clear, and even then they may try to use the guilty as hell to gain more information about other parties, in exchange for a degree of immunity. I’m sure I’m not the only one who would love to be a fly on the wall of Mueller’s Justice Department offices over the coming weeks.

Flynn seems to be a particularly revolting reptile. Apparently he tried to arrange a deal, which would have earned him oodles of money, to smuggle the moderate Turkish cleric Fethullah Gulen out of the USA to Turkey, where he would’ve faced certain death under the thuggish macho dictator Erdogan, who constantly accused Gulen of organising the failed coup against him. If this is true, and provable, hopefully Flynn will live inside a cell for a long time. But there’s also a possibility that Flynn discussed this plan with the morally cretinous Trump, who would undoubtedly have approved. If there’s evidence of such discussions, that would be fantastic for us all.

Flynn’s a weak link for many other reasons, it seems. According to the Washington Post, he lied to the FBI – a felony offence – about discussions with Russian ambassador Sergey Kislyak regarding sanctions imposed on Russia by the Obama administration due to its meddling in the US election. It was because of this dishonesty that he was sacked by Trump – with great reluctance. Flynn also seems to have been involved in a strange plan to build US-Russian nuclear power plants in the Middle East, about which, again, he has been less than honest. The Russians who were part of the deal are under US sanctions. Flynn has an obvious penchant for the anti-democratic Russian kleptocracy, something of a liability for a National Security Advisor.

And there are other members of the confederacy – Trump junior, Kushner and Sessions stand out, but there are so many others in the worst political administration the western world has ever seen – who are being targeted by the Mueller inquiry. The question really is – when will the circus be closed down? Every day’s delay, after all, brings damage. Morans are running the Department of Energy, the Department of Agriculture, the EPA and just about every other US department…

All of this calls into question the whole of the US political system, surely. It has often been called the least democratic system in the western world, though that tends to avoid the problem with democracy itself, the problem that uninformed people have the same voting rights as informed people. If you’re going to have a democracy of that kind, you really need to maximise the number of informed people. But another problem, and it’s as clear a problem in Australia as anywhere, is that ignorant, loud-mouthed people can run for political office, with far less vetting than is carried out in protecting our borders. In this respect I’m an unashamed elitist. But America’s presidential system is way too presidential. Australia’s political system, like Britain’s, is much more party-based, with responsibilities, and culpability, more equally shared among government leaders. And this, I think, is a much better, much less dangerous system. In the USA, people generally vote every four years for a person rather than a party and its policy set, and this has so many problems associated with it, it just isn’t funny. Trump, for example, isn’t a Republican, he’s ‘his own man’, a blundering, bullying, bullshitting, bragging, belly-aching buffoon, a man born into and gifted enormous wealth, a laughing-stock as a businessman, a patsy for Russian mafioso oligarchs, who has installed an assorted pile of know-nothings to important political, scientific and cultural posts in the most economically powerful in the world – though by no means a model country for fairness, security or opportunity. I can’t think of any other western country in which this could’ve happened. The checks and balances, but above all the political culture of those countries would never have allowed it.


Written by stewart henderson

November 19, 2017 at 10:00 am

the battle for justice part 3 – is there any way to clear your name?

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

shit, please don’t tell me the other 24

I’ve argued that it’s pretty well impossible to clear your name, once you’re arrested and charged with a serious crime, due to the nolle prosequi conundrum. And if the charge has to do with a child, you’re unlikely to get work which may involve children, even if no evidence whatsoever has been presented against you, as in my case. But surely there must be some way to clear your name. It can’t be all doom and gloom. Can it?

  1. Approach the former plaintiff

A number of people who know about the case have asked me – what about the boy who accused you? He’s a young man now, maybe he regrets it all and has changed his tune. If he could be prevailed upon to admit it was all a lie..?

To be honest, I have no inclination whatsoever to go looking for him, and it would probably look bad if I did. And if he changed his story after encountering me, or someone acting in my name, how reliable would his new story be? So I’m very reluctant to go down that path, though it might be a last resort.

2. Approach the DPP

More promising, perhaps, would be to go to the DPP. Why did they abandon the case? My guess has always been that the boy’s story was full of contradictions and kept changing, but it’s also possible that, under pressure, he admitted it was all made up. Way back then. As one of my quotes on nolle prosequi, from my previous post, states: Normally the DPP doesn’t give a reason for such a decision. I’m in the process of requesting all the court documents from the case, and maybe a reason for the decision will appear there, but again I’m very doubtful. And approaching the DPP for a reason now would surely be like trying to get blood out of a stone. Still, such a request might be worth a try.

3. Take it up with the ombudsman/human rights commission

Assuming my appeal fails – and it probably will – the DCSI website kindly suggests that I could take the matter up with these other organisations. The obvious problem with this is that it would be a long-term process, and I’m 61 years old, poor, and desperate to be reinstated in the job I love now. So, yes, I do feel it’s a human rights issue, and I would like to take it up, regardless, with the HRC, though I can hardly imagine it being a priority for them. It’s not a serious option for my immediate situation.

4. Appeal to consistency of character

This is the one that screams at me (and at others) as my best defence. We’ve all heard of criminal profiling, where the police or criminologists seek to predict future offending and victims based on past behaviour, but I have no criminal profile. When I was accused by this boy I was forty-nine years old, with no history, and never any accusations, of violence or sexual abuse of any kind. I’d fostered two young boys before this lad, and I fostered another three after him, with no complaints. I’m proud of what I did as a foster carer, and I’m particularly proud of my work as a teacher in recent years, with mostly young adults but a sprinkling of under eighteens in each class – scores  of them overall. And never a hint of a complaint. On the contrary…

And this is what really hurts. When the police arrested me for rape, they had never so much as seen me before. They knew nothing about me, they wouldn’t know me from a bar of soap. They arrested me purely due to the seriousness of the allegation. When the DPP took up the case, passing it from lawyer to lawyer for about a year, none of them knew me from a bar of soap. I was no more than a name. Similarly, when the DCSI began screening me 11 years later, they didn’t know me from a bar of soap. I was just one of the presumably thousands of individuals they had to screen. And they didn’t investigate me, in the way the Dunedin Study studied particular individuals longitudinally – profiling them, essentially. They investigated documents. The documents of the police and the DPP. The documents relating to that one, isolated allegation. Nothing else mattered. Nothing.

So an appeal to consistency of character won’t work when character isn’t being looked at at any point down the line. The DCSI appears to look at documents, not at character. The DPP also looks at documents, police documents, and the police don’t seem to look at anything much. The DCSI has stated that an adverse finding isn’t binding. Employers can make up their own minds. But it’s no surprise that employers, especially large-scale impersonal employers, given the current state of moral concern or panic over sexual abuse, will have a policy of accepting the DCSI finding. Thus in this case, they’ll rely on DCSI documents, which rely on court documents, which rely on police documents, which rely on, in this case, nothing much. I think they call this ‘procedural fairness’. Let’s not let our human, personal biases get in the way of effective decision-making.

The Dunedin longitudinal study, and every other study of its kind, give strong scientific credibility to the insight that the best guide to future behaviour is past behaviour. My life-time record of civilised, tolerant, non-violent and caring behaviour, however, was never taken into account by the police when they asked me to sit down at the Port Adelaide police station, not knowing me from a bar of soap, and promptly charged me with rape. And everything that I suffered over the next year, and everything that the DCSI is putting me through now, results from that event.

I had a chat with my semi-former boss today (I’ve been sort of suspended from work pending the outcome of my appeal). I told her I held little hope of my appeal being successful, because ‘I had nothing more to declare but my innocence’. I didn’t actually say that, just thought of it now, but that was the gist of it. But interestingly I feel more confident now as I go through the processes. That’s the usual way when you’re under this kind of cloud, your thoughts oscillate, often extremely, from pessimism to optimism and back again.

My hope, ridiculous as it is, is that when organisations like DCSI have their noses rubbed into the basic injustice of taking the most extreme, conservative view of nolle prosequi, thus destroying the careers of good people, they will see reason. And they might also be persuaded of the obvious truth that everyone else is taking the most extreme, conservative view of their findings.

I’ll no doubt survive, deprived of my vocation. I’ll go into retirement earlier, I’ll be more pressed for funds. I’ll most certainly miss my students, more than anything. But I won’t give up the fight. I don’t want any of these people to feel complacently that they’re making this world safer for children and young people. In this case, they’re most definitely not. And it’s not good enough to shrug and think that some collateral damage is necessary when you’re doing the ‘right thing’. It isn’t.

Written by stewart henderson

November 14, 2017 at 11:32 am

The battle for justice part 2: the problem with nolle prosequi

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

Continuing from last post, the case against me was dropped a short while after the arraignment, but not before the police made a visit to my home, the soi-disant scene of the crime. They’d never visited my home or made any contact with me since the arrest, many months before, but it seems the arraignment had spurred them, or forced them, into action.

This was something I’ve never really got. Like many of us I’ve watched my share of crime shows and whodunits. Typically, the arrest comes as the final scene, after weeks and months of painstaking sleuthing. Yet my arrest seemed to have come at the start (though I did have to wait for a while), before any questioning. And then, after the arraignment, the police suddenly showed up at the putative crime-scene to do their sleuthing at last.

I knew what they’d come for, too. Long before, my lawyer had told me some of the details of the boy’s claim. I had apparently raped him in the toilet, after which he’d gotten away and locked himself in the bedroom. I was able to tell the lawyer that none of the bedrooms in my house were lockable, so that part of his story was demonstrably false, so at long last they’d come to check. And then, almost the next day, I was told the case was over.

I don’t remember being sent any paperwork to that effect but I suppose I must have. I was just relieved it was all over, that sanity had prevailed, etc. But this year, more than 11 years on, I came to realise, thanks to a screening process by the DCSI (the South Australian government’s Department of Communities and Social Inclusion), that it wasn’t over, and that it would never be over. This was because of the little matter of ‘Nolle Prosequi’:

The entering of a nolle prosequi by the Director of Public Prosecutions means that he is not pursuing the prosecution at this stage. Theoretically he may pursue the prosecution at a later stage, but this rarely, if ever, happens. Normally the DPP does not give a reason for such a decision, but it is usually based on a problem with the evidence he has assembled. In the course of assembling it, or after it has been assembled in a book of evidence, a problem may arise with a witness or a crucial part of it, that would make it difficult to proceed. Difficulties of this nature usually undermine the whole basis for the trial. Even if new evidence is discovered, the problems with the old evidence remain. If a nolle prosequi is entered, and then registered by the court, the accused is discharged and free to go. He or she enjoys the presumption of innocence that all accused people enjoy until they are convicted of a crime beyond all reasonable doubt. (Carole Coulter, Irish Times, April 2006)


Nolle prosequi... is a legal term of art and a Latin legal phrase meaning “be unwilling to pursue”, a phrase amounting to “do not prosecute”. It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor’s decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered. It contrasts with an involuntary dismissal. Legal effect [in the USA]: The entry of a nolle prosequi is not an acquittal, and the principle of double jeopardy therefore does not apply. The defendant may later be re-indicted on the same charge. Effect on future employment [in the USA] Federal agencies, especially the military, view nolle prosequi as an unfavorable judgement. This has the effect of requiring a waiver submission for service, or the outright denial of employment (WIKIPEDIA).

Nolle prosequi was the ‘finding’ in my case.

As indicated in the quotes above, nolle prosequi can be interpreted as anything from ‘presumed innocent’ to ‘still pretty suss’, and it seems any department, any arm of government, is at liberty to interpret it as they wish (and given the current environment, they’re more than likely to err on the side of the child/accuser). But here’s the kicker, as the yanks say. And it’s an extremely important and fundamental kicker for my argument. Once arrested (for sexual abuse or rape, say) nolle prosequi is essentially the best any accused can hope for!! This is the dirty little secret your lawyer is most unlikely to tell you about.

Let me explain. When you go and seek legal aid to defend yourself against a false charge [please, if only for hypothetical reasons, assume the accusation is false], it means you’ve already been arrested, and the DPP has already instituted proceedings against you. And once a prosecution is instituted, your lawyer will try to get it thrown out, i.e nolle prosequi. The other alternative is acquittal – but acquittal can only come after a full criminal trial. I quoted in my last post that an arraignment is the first stage of an 11-stage criminal trial in Australia. That should give an indication of just how humungous a criminal trial actually is – involving lawyers, witnesses and experts for both sides, the presentation of different types of evidence, examinations and cross-examinations, a jury presumably, and all in all a process that will tie up a courtroom for some time, with much expenditure of money and energy. So your lawyer is actually trying her best to make sure you don’t have your day in court. So nolle prosequi is the lawyer’s victory, but if organisations like DCSI interpret nolle prosequi as ‘still pretty suss’, that means you’re stuffed – for the rest of your life! If not longer.

Now, notice the statement from the DPP at the top of this post. It sounds impressive – they won’t go ahead with a case unless they have a reasonable prospect of succeeding (and this would surely mean having sufficient, or at least some, evidence). Now, let me tell you that during the whole 13 or 14 months that my case was ongoing, I was in a state of sleepless agony, and occasional rage, with the mantra ‘no evidence, no evidence’ echoing in my head, and on the day after I heard that my case was dismissed, I took to my computer and typed a terse paragraph to the DPP (yes I’m sometimes capable of terseness), accusing them of incompetence in my case, not only for seeming to pass the buck from lawyer to lawyer, but for going against their prosecution policy as stated on their website, which I quoted back to them (the policy was, I believe, worded a little differently in 2006 from the 2014 version quoted above, and I think then it actually mentioned evidence). Not surprisingly they didn’t respond, but I met my lawyer, purely by accident, a few months later and he told me my letter had caused quite a stir – which thrilled me as throughout the case I always felt like Mr Nobody or The Invisible Man. I asked him why, with no evidence at all, the case had lasted as long as it did. His response was that I was one of the lucky ones. Many people in his experience had gone through this process and been destroyed, based on no more evidence than they had against me. No more than someone’s story.

But I’ve had another insight since taking aim at the DPP all those years ago. Yes, I still think the DPP contravened their own policy by taking on my case, but I was forgetting, in my utmost naivety, the role of the police. Yes, the DPP say they won’t prosecute a case unless they have a reasonable chance of success, but when the police arrest a person and charge him with rape, the DPP obviously don’t know a thing about it. They only find out later, from the police. In other words, the DPP has cases ‘dumped’ on it by the police, and has to make the best of them. Their ‘reasonable prospect of conviction’ is based entirely on the word of the police that they have sufficient evidence. You can see here how a world of tension and acrimony might open up between the police and the DPP.

So it looks as if my anger against the DPP might’ve been misplaced. My anger should have been directed at the police. But of course if I’d written to the police about their lack of evidence, where would it have got me?


Written by stewart henderson

November 13, 2017 at 2:53 pm

Posted in argument, work

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The battle for justice, part 1: some background to the case

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

not this movie, unfortunately

I rarely focus on myself on this blog, but now I feel I have to. Today I lost my job because of something that happened to me about 12 years ago. So the next I don’t know how many posts will be devoted to my battle for justice, in the hope that it may help others in a similar situation. Of course I also find that writing is my best solace, as well as my best weapon. I have no financial resources to speak of, all I have is a certain amount of nous.

Between 2003-4 and 2010 I was a foster carer, under the aegis of Anglicare. Over that period I fostered six boys, with naturally varying success.

So why did I become a foster carer? I simply saw an ad on a volunteering website. I was being pushed to do some work, which I’ve always been reluctant to do, being basically a reclusive bookworm who loves to read history, science, everything that helps to understand what humans are, where they came from, where they’re going. And I hate when work interferes with that! But having come from what for me was a rather toxic family background, trying to shut myself from screaming fights between parents, and being accused by my mother, the dominant parent, of being a sneak and a liar, and ‘just like your father’ (her worst insult), and being physically and mentally abused by both parents (though never sexually), and having run away from home regularly in my teen years, I imagined that, as a survivor, I could offer something which might work for at least some of these kids  – a hands-off, non-bullying environment which would be more equal in terms of power than many foster-care situations. Call me naive…

Mostly, this approach worked. I did have to get heavy now and then of course, but not for long, so I always managed to stay on good terms with my foster-kids, as I have more recently with my students. This was even the case with the lad who accused me of raping him.

Let me describe the case as briefly as possible. A fifteen-year old boy was in my care in September 2005. He was much more of a handful than the previous two boys I’d looked after, and when I lost my temper with him during a school holiday trip in Victor Harbour, he took it out on me by claiming to his mother, with whom he spent his weekends, that I’d punched him on the back of the head. This was false, but his mother took the matter to the police, and the boy was immediately taken out of my care.

After an internal review conducted by Anglicare I was cleared of any wrongdoing, to their satisfaction at least, and another boy was placed in my care. Then, sometime in early 2006, this boy was secretly whisked out of my care, and I was informed by Anglicare that a serious allegation had been made against me. I was in shock, naturally thinking this new boy had also accused me of some kind of violence, but I was finally informed by the Anglicare social worker who’d been overseeing my placements that ‘it isn’t your new foster – kid’. The penny dropped more or less immediately that it was the same boy who’d accused me of hitting him. This boy, as far as I was aware, was now living happily with his mum.

I was left in limbo for some time, but eventually I received a message from the police to go to the Port Adelaide police station. There I was asked to sit down in an office with two police officers, and informed that I was under arrest for rape.

I was somewhat taken aback haha, and I don’t recall much of the conversation after that, but I think it went on for a long time. I do remember one key question: if the boy’s lying, why would he make such an allegation? I had no answer: I was unable to think clearly, given the situation. But later that night, after my release on bail, an answer came to me, which might just be the right one. When the boy was in my care, the plan was to reconcile him with his mother, who put him in care in the first place because she couldn’t cope with him. I knew his mother, as I met her every weekend for handover. She was highly strung and nervous, and it seemed likely she was again having trouble coping with full-time care. Quite plausibly, she was threatening to return him to foster care, which he wouldn’t have wanted. She allowed him to smoke, she allowed him to hang out with his mates, and her environment was familiar to him. To him, I would’ve seemed boringly bookish and unadventurous. What’s more, his claim that I’d hit him had worked perfectly for him, getting him exactly where he wanted. Why not shut the door on foster care forever, by making the most extreme claim?

I don’t really know if this sounds preposterous to an impartial reader, but this answer to the riddle struck me as in keeping with what I knew of the boy’s thinking, and it was backed up by a remark he made to me, which soon came back to haunt me. He said ‘my mum’s friend told me that all foster carers are child molesters…’. It was the kind of offhand remark he’d often make, but it was particularly striking in light of something I was told later by my lawyer. Apparently, the boy didn’t tell his mother directly that I’d raped him, he’d told a friend of his mother, who’d then told her.

So, after the sleepless night following my arrest, I felt confident that I knew the answer to the key police question. I typed it up and took it forthwith to the Port Adelaide station (I didn’t trust the mail). How utterly naive of me to think they’d be grateful, or interested! I received no response.

So I obtained a lawyer through legal aid, or the Legal Services Commission. At the time I was dirt poor: I’d received a stipend as a foster carer, but that had stopped. Otherwise I worked occasionally as a community worker or English language teacher, mostly in a voluntary role. From the moment I was charged I spent many a sleepless night imagining my days in court, heroically representing myself of course, exposing contradictions and confabulations, citing my spotless record, my abhorrence of violence of all kinds, etc, etc. So I was a bit miffed when my lawyer told me to sit tight and do nothing, say nothing, and to leave everything to him. Standard procedure, presumably. The case passed from hearing to hearing (I don’t know if that’s the word – at least there were several court appearances), over a period of more than a year, and every time I expected it to be dismissed, since I knew there was no evidence. It had to be dismissed, there could be no other possibility. The only reason it had become a court matter in the first place, it seemed to me, was the absolute enormity of the allegation. But how could this possibly be justified? But I had to admit, the boy had, more or less accidentally, stumbled on the perfect crime to accuse me of – a crime committed months before, where there could be no visible evidence one way or another… It was all very nerve-wracking. And I was very annoyed at the fact that the DPP (the Office of the Director of Public Prosecutions) seemed to have different lawyers representing it at every court appearance, and mostly they behaved as if they’d only been handed the brief minutes before.

Finally I arrived at the lowest point so far – an arraignment. I didn’t know this (my last) appearance would be an arraignment and I didn’t know what that was. I just expected yet another appearance with a handful of yawning court officials and lawyers in attendance. Instead I found a packed courtroom.

Arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea.

In Australia, arraignment is the first of eleven stages in a criminal trial, and involves the clerk of the court reading out the indictment. (WIKIPEDIA)

The reason the courtroom was packed is that several arraignments are processed in the same courtroom on the same day, so there were several accused there with their friends and families. Unfortunately, I was solo. On my turn, I was taken out to the holding cells and brought in – some kind of ceremonial – to the dock. The charge was read out (I’d already been given the ‘details’ by the lawyer, so I barely listened to it) and I was asked to plead, and the judge told the court, to my utter amazement, that I was adjudged to have a case to answer.

So it was perhaps even more amazing that, a week or two after that appearance, the case was dropped.



Written by stewart henderson

November 11, 2017 at 7:34 pm