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the battle for justice – feeling impotent

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not in Australia

So while I await the DCSI’s long-delayed decision on my clearance, I’m a little too nerve-frayed to focus on something completely other than myself, and Trump’s downfall – always an easy topic. So, until that time, I can do little more than diarise, my neologism. So I might be drifting from my case to that of the Trump, and back. On my case, I’ve spoken to a criminal lawyer, a friend of a friend, who’s agreed to help me, and as he’s also a friend of my former lawyer in the original court proceedings, he may be able to access further documentation, the stuff I’ve been trying to get hold of.

What was of more interest to me, though, was his insight into the way this state government has weighted legislation, over time, to favour the accuser over the defendant in cases of alleged sexual abuse. Some would argue this is a good thing, because it’s surely fair to say that in the past, allegations of rape for example, have not been given the full treatment they deserve, in our patriarchal society. We’re at last much more prepared to believe the women, and I agree that women very rarely lie about such things. But very rarely doesn’t mean never, and I would stick my neck out to say that children are more likely to lie about such things than adults, though again such lies are still rare. In my case, the liar was a fourteen-fifteen year old boy, whose motives I made clear to the police and to my lawyer at the time. But of course I never had my day in court, to examine the matter, such as it was.

The problem, as the lawyer put it, is that there are some zealots within the Screening Unit of DCSI, and they may be the ultimate decision makers, rather than the coal-face workers who interviewed me back in early December. That interview went well, and I came out of it feeling confident. For the first time I had something equivalent to my ‘day in court’, and I foolishly fantasised that it would all be wrapped up within a week or two, in my favour. We’re now in the twentieth week since my review lodgement, and I’m beginning to share the pessimistic views of this lawyer and of a teacher colleague – ‘these bureaucrats really hate admitting they were wrong’. Not to mention the jeopardy they’ve placed themselves in, in terms of the suffering they’ve put myself and others through, and the resentment and the desire for compensation and damages they’ve stirred up.

All of which makes me think this could become a much bigger issue, even a scandal of sorts, if only it was possible to determine how many people are involved. If there are few – and I must bear in mind that false accusations are rare – then nothing may come of it. After all, these ‘complex cases’ mentioned in the Ombudsman email may be more like borderline infractions, where the level of seriousness is in question, not whether something actually happened or not. Even so, they may have enough in common with those falsely accused for us to make common cause, in some kind of class action. Teachers, care workers and others are having their careers and reputations destroyed for questionable infractions and false allegations that happened to make it into the court system, with no recourse, because the screening unit has decided to ‘err’ on the side of caution. And considering the truly vast numbers of people being screened nowadays, even a small fraction of innocent people being done down, because of this decision that it’s acceptable to commit errors, may amount to a substantial number.

Innocent people, people who know they’re innocent, are likely to fight very very hard against a system that treats them as guilty. Especially in a case such as mine, when they have reason to feel proud of their role as a foster carer, a teacher or whatever. If there is some way I can connect with other innocent workers who are being destroyed by a systematic approach of ‘erring on the side of caution’, in a screening system with increasingly wide application in the workforce, we may be able to persuade authorities of the justice of our cause.

Interestingly, I’ve been partly inspired in this more active approach by one of the most currently prominent Trump scandals. Michael Avenatti, the lawyer for pornstar Stormy Daniels, is preparing for a major fight to permit his client to tell the truth. He’s facing the full weight of a political machine that is determined to suppress this truth, and it’s his commitment to having his client tell her story and to be judged, not only by the canaille, to speak pejoratively, but by the discerning public, that encourages me. I’ve told my story to a very few ‘strangers’, including a couple of lawyers and a panel of two employees of DCSI’s screening unit, who are clearly not the decision-makers in my case. The principal decision-makers appear to be higher-ups who are more interested in the thinnest of documents with ‘nolle prosequi’ at their head. I would dearly love to have my story, undramatic though it might be, presented on 60 Minutes for all to judge, and my accuser, if he’s still accusing, can have his say in the court of public opinion too. I would have far more faith in that court, in which at least people get to be heard by their judges, than by this secret process, ideologically driven to ‘err on the side of caution’, which means basically erring on the side of the accuser. But it’s Avenatti’s aggressive fighting spirit that impresses me. I feel that spirit within me, but of course I don’t have much of an audience to bolster me, or any forum in which to fight. Clearly I face an uphill battle to be heard by even a nano-fraction of the public, but again I’m heartened that Avenatti has gotten at least six other women, victims of Trump (Daniels isn’t quite a victim in that she seems to have willingly had a sexual relationship with the Trump, pretty vomit-inducing in itself), to add support to his lying, bullying nature. A class action of some sort might help my case, just to highlight the fact that there are false allegations out there, some of them quite egregious in their nature and their impact.

I have no real way, though, of reaching out to others in my circumstances, and as a hapless loner, I doubt if I have the wherewithal – though I think I could act effectively as a spokesperson once a group was formed. Of course, given the moral panic about child sexual abuse and given the Me Too movement, it’s not an easy time for pleading innocence and victimhood as an ’empowered male’, but we should be pushing to at least get our stories (or non-story in my case – or a story about my accuser) heard, something which was never vouchsafed me during my court process.


Written by stewart henderson

March 19, 2018 at 1:33 pm

Trump’s downfall: more palaver

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dream, dream, dream

As I’ve often said, I’m lazily distracting myself by watching Trump’s downfall and commenting on it. I don’t seem to have the staying power at present to write anything too sciencey, and the Trump disaster is easy to attend to, though I must say I mute the TV or youtube every time the Trump comes on (isn’t it funny how the name itself smacks of the con man). I much prefer hearing about him second-hand. Again, though, I must say my prediction of him being out by the end of the year looks more of a dead cert than ever. It’s just a matter of the Mueller team having too much on their plates to digest. It’s likely they won’t have finished their meal by year’s end. But Trump may well have been spat out and into gaol by then. It depends of course on how Mueller organises his indictments – bottom up or top down. It could also be a bit of both.

But Trump is America’s tragedy. What happens, after all, once he and his family are ousted? The Presidency itself, the institution, will be seriously damaged. I’m sure the nation will manage to limp along until 2020, and a likely big turnaround in the mid-terms will largely put the nation’s affairs in safer hands, but new, tighter laws will have to be enacted, re nepotism, emoluments, financial disclosure, vetting of candidates for office, inter alia. These are essential to make the USA safe, and to allow it to be taken seriously again on the global stage.

Okay enough of the high-minded lecturing, let’s get down to wallowing in the grubby details. Everybody’s waiting for the next indictment or subpoena from the enquiry. Kushner? Trump Jr? Erik Prince? Roger Stone? Take your pick from these and a host of others. And what about this Stormy Daniels affair, another follow-the-money rib-tickler? Where do I begin?

A shady Lebanese-American wannabe mover-and-shaker, George Nader, has been questioned by the Mueller team, presumably primarily about a meeting in the Seychelles involving himself, an even shadier mover-and-shaker Erik Prince (an advisor to and supporter of Trump), and UAE diplomats with financial ties to Russia. There was apparently a dodgy Russian banker, Kirill Dmitriev, at the meeting as well. There’s little doubt that getting Prince to testify will reveal more dirt, but the team will have to make sure they know everything before asking the questions. I just wish I could listen in on what they do know.

Meanwhile there’s a special election in Pennsylvania and Trump has been there big-noting himself and insulting opponents, mostly women. He’s even promoted the idea of executing drug-dealers, because he’s a great admirer of Phillipines dictator Duterte. I’m currently reading Chasing the scream, a fast-paced narrative and denunciation of the disastrous war on drugs, but of course Trump doesn’t read, and certainly doesn’t care. He just likes the idea of killing people. I’m waiting for the result of this election, waiting for the next subpoena, the next indictment, waiting waiting…

I’m also hoping that women will play a major role in Trump’s downfall. I’m a little wary of the Me Too movement, having been falsely accused myself. True, I wasn’t accused by a woman, but it has taught me very effectively that accusations can be easily made, and with devastating consequences. But what the movement highlights is that, because of power imbalance, men have been treating women too badly for too long, and women are fighting back. It’s interesting to note that the Politico article just linked to cited recent research which ‘found women were nearly twice as likely as men to be deterred from running for office because of potentially having to engage in a negative campaign’. Such campaigns are what so many men like Trump choose naturally as their MO. And here’s another interesting quote, with an Australian theme:

In 2016, the Guardian published an analysis that found Hillary Clinton received abusive tweets at almost twice the rate of her Democratic primary opponent Bernie Sanders, while former Australian prime minister Julia Gillard, too, received about twice as much abuse as her male challenger, Kevin Rudd.

Actually, Rudd and Gillard belonged to the same party, but it’s probably right to describe them as opponents.

So I’m hoping that after the carnage of this Presidency, with Trump and his family in jail and his successor discredited, that the President after 2020 will be a woman. Obviously she will be a Democrat.

Elizabeth Warren has struck me as very impressive, from my still fairly minimal observations of her – a leftish liberal more palatable to the squeamish Americans than Sanders. After some more research I may write a piece about her. I certainly wouldn’t want any ‘celebrity’ female candidates running for office, and I suspect Hillary Clinton has done her dash.

As I slowly write, things keep happening. Rex Tillerson has been sacked. Silly man, he should’ve resigned long ago. I’ve had a bit of a fantasy in which all the top White House staffers and Trump appointees get together, decide enough is enough, and stage a mass resignation. It would actually be better for them – instead of being stuck in utterly thankless jobs, they’d come out of it as instantly employable for having the guts to take a stand. But of course, this would take organisation and co-ordination, and we’ve seen no evidence of that in this administration.

Finally, Putin has attempted to murder another Russian expatriate, along with his daughter. Many others have been poisoned too. Trump has belatedly come out in support of the British government’s rather tepid statement that Russia is ‘highly likely’ to be behind the nerve agent attack – though the whole statement is worth reading. Putin’s minions are saying that given Putin’s recent announcement that they’ve created some kind of super-weapon, it’s dangerous to accuse Russia of wrong-doing. To me, this is tantamount to an admission of guilt, and fairly solid proof of Monsieur Putain’s mafioso scumbag credentials. How to deal with this? Internationally and with unassailable solidarity. Russia has already been brought to its knees by Putin’s thievery, but we need to apply more pressure and provide as much support as we can to the millions of Russians who want to be freed of this scumbag so they can enter the adult world.

I’m a little disappointed that the Trump is still holding good at 40%, which should ensure he doesn’t get re-elected (yes yes, out of office by year’s end), it seems that only more indictments of the inner circle will drop him down below 35. Not sure if I mentioned this before, but I’m reading Chasing the scream, the racy but horrifyingly tragic bestseller by Johann Hari about the spectacularly disastrous ‘war on drugs’ in the USA and Mexico (disastrously forced on it by the US). The Trump recently threw red meat to his base by promoting the idea of execution for drug dealers (in the campaign for the Pennsylvania by-election, won by the Dems, haha), another know-nothing piece of squawking from someone who knows nothing but the idea of crushing, stamping, beating. It’s Mussolini without the hanging – yet.

Written by stewart henderson

March 15, 2018 at 10:26 pm

the secret world of DCSI’s Screening Unit unrevealed

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the black box that keeps the Screening Unit’s processes hidden from the public

Jacinta: Ok so let’s do a deep dive into the screening unit, the processes involved, the law that’s being followed, the staffing, the numbers of people being processed, time frames, consequences, pushback, serious possibilities of redress, anything else we can think of.

Canto: So here’s the situation as it stands. I received the letter from the DCSI screening unit on October 30 last year claiming that I ‘pose a risk to the safety of children’. I filed an application for a review of this decision on October 31, and the review is registered as having been commenced on that day. As a result of that DCSI decision, I was suspended from my teaching position, without pay, on November 10, the day my five-week contract was completed. I’ve been working from contract to contract, like most of the teaching staff where I work, or worked, though I was given ‘priority’ as a teacher about two years ago.

Jacinta: So you’ll get your job back if the DCSI’s decision is overturned.

Canto: I don’t know if there’s any guarantee of that. I was told, too, by a lawyer from the Legal Services Commission (I’ve called the LSC three times so far about all this) that I should have a right to some pay even as a casual, but I’m feeling cowardly about making any demands upon my employer, because I really really don’t want to lose my job.

Jacinta: So today is March 6, and it’s been well over 4 months since your appeal was lodged.

Canto: Yes and I’ve written two emails of complaint to the screening unit, and I’ve made an official complaint to the Ombudsman’s office. A rep from the Ombudsman has emailed me twice since, and now my review has been given ‘priority’. Last week a woman from the screening unit rang me, asking me to resend information that I’d already supplied. She explained that attached materials often got lost in the to and fro of emails within the screening unit – which didn’t inspire me with confidence. She also assured me that, once I’d resent the materials, she would quickly shunt me along the line to the next assessor in the process, because I was now a ‘priority case’. This, after four months! I’d hate to think of the wait for those who aren’t given priority. Six months, a year, two years? It’s a very destructive and demoralising process.

Jacinta: For the innocent, which of course you are. So while you’re waiting, I suppose you’ll want to find out more about this screening process. It has become more rigorous, it seems. What triggered this more rigorous screening process, and when was it established? Has the screening unit been bolstered, in terms of resources and staffing, to deal with this more rigorous and time-consuming screening process?

Canto: Yes I’ll try to find out more about this online, because again I’m again a little cowardly about approaching DCSI directly. They’ll think I’m a trouble-making nuisance.

Jacinta: Good god Canto, you’re an innocent man who’s been dealt pretty shabbily, first by the police, than the DPP and now the DCSI, and you’re worried about raising a fuss?

Canto: Well, also, to be honest, I don’t think DCSI will be very co-operative.

Jacinta: There’s really nothing online about this. Nobody appears to be protesting apart from yourself, not online at any rate. There’s nothing negative at all about the Screening Unit, The ‘Me Too’ movement is featured strongly, and there’s a lot of irritation online that false allegations are given a lot of attention when under-reporting of real cases of sexual abuse, harassment and so forth, is more of a problem. So it’s not a good environment for bringing all this up. I suppose at least it wasn’t a female that falsely accused you. Females are considered more reliable.

Canto: Well, I’ve received an update from the Ombudsman’s office. Here’s the most important part of it:

As you are aware I have been assessing the processing of your application for a child related screening clearance. I have been provided with updates from the department and your application is still with the Assessment Team. I understand your initial application took 7 months to process. In the department’s  assessment you would be aware that the department is considering such information as your disclosable court outcomes from 2006 offences. The department should have advised you that your review is being managed by a team of people who process your application independently from the initial application  process. I would anticipate given the current backlog of applications the department is processing that your application may still take some weeks to finalise. This office has met with Screening Unit Officers and the Ombudsman has also met with the Chief Executive of DCSI, Mr Tony Harrison, about the delays in the processing of more complex applications. The department is considering strategies to counter the delay and our office will be advised of their progress. At this stage I do not think it is reasonable for this office to continue to monitor your individual application and I will now close your file. I understand that you are anxious to have your application finalised and invite you to recontact our office in approximately four to six weeks if your application is not finalised.

I’ve put the expression ‘2006 offences’ in bold because the expression was offensive to me, they were of course alleged offences, which were never even tested or explored in court let alone proven. But I don’t think the woman meant to offend me, it was inadvertent.

Jacinta: But wording matters hugely to the innocent, I understand. Anyway the letter provides useful information – you now know that the CEO of DCSI is Tony Harrison, and you learned previously that Kelly Tattersall is the director of the Screening Unit. Above all you’ve learned that there is in fact a backlog of applications and that they’re ‘considering strategies’ to counter the delay. It’s a very slight glimpse through the opacity of the Unit’s workings…

Canto: Another quibble I have – and you’re right, wording matters hugely to the innocent – is the reference to my case as ‘complex’. I don’t see it as complex at all, it’s extremely straightforward, but it was made complex by the behaviour of the police and the DPP.

Jacinta: I’ve found Tattersall on Linked-in. She’s been director of the Screening Unit since May 2013, so she would definitely know something you want to know – whether this ‘rigorous’ screening has been going on for the whole of her period in office, or whether it’s new, and exactly how new it is. She would also know, of course, just how many of these ‘complex cases’ there are. It’s so effing difficult to get any information.

Canto: Another person, who would know, of course, is this Tony Harrison. Just searching on him leads me to the ‘about us’ section of DCSI online. The department is overseen by the state minister Zoe Bettison. The website lists the Screening Unit as one of its assets, but I’m blocked from accessing it. It’s quite literally a black box!

Jacinta: Well I can understand the need for privacy of course, but the lack of public access to its general processes is a problem, to put it mildly. Sunlight is the best…. you know.

Canto: For what it’s worth, I’ve downloaded ta copy of the state’s Children’s Protection Act 1993, updated only last month, and we might look more deeply into that next time.


Written by stewart henderson

March 12, 2018 at 9:47 am

Essai a la facon de Montaigne – a discursive piece, mainly about women

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Mary Somerville, physicist, mathematician, autodidact, genius, now featured on the Scottish ten pound note

I’m at Adelaide writer’s week, in the book tent. I’ve not been to writer’s week for some years. These days I read almost entirely non-fiction, mostly science for the scientifically challenged. I feel as if, over the years, I’ve been suffering the literary version of a gender crisis. You might call it a genre crisis. I’ve been categorised wrongly – I’ve categorised myself wrongly – in the arts instead of the science section. Though of course I want to feel comfortable in both. Mostly I feel comfortable in neither.

I glance at a book called Beyond Veiled Clichés. It looks to be a book about western misrepresentations of women under Islam. Ah, the veil. I’m with Ayaan Hirsi Ali on this, to obsess over women’s headgear misses the point. To me the point is patriarchy.

I loathe patriarchy. I really mean that. I’d like to stab it in the eye and watch it die slowly, writhing in agony. I often have these nasty macho fantasies. The other day I read the opening to Robert Sapolsky’s book Behave, which describes a fantasy of torturing and murdering Hitler. It validates, in some sense, my own brutish fantasies, vis-à-vis Trump, Putin, Stalin, and others I’m ashamed to admit. At least I’ve never had such fantasies about women, which goes to the fact that men are in all cultures more violent than women, and their violence is directed mostly – but far from always – at other men. But I know also that some women have such fantasies; we’re different in degree, not in kind, I hope.

But I wonder if Beyond Veiled Clichés has much to say about patriarchy. Certainly a book called Beyond Patriarchy would interest me more. And I certainly don’t want to get started on middle eastern cultures, our own is bad enough. On the way to writer’s week I passed through the ground floor of a major department store, a cathedral-like space dedicated to the worship of beauty culture, someone’s idea of femininity. Or fem-inanity. Here, and only here, is where I declare myself a new-ager, favouring the natural over all those chemicals. And they don’t even have to reveal the ingredients. Selling a dream that mostly isn’t worth having, at inflated prices. Women’s clothing, hairstyles and other paraphernalia all cost more than their mostly perfunctory male counterparts, yet I can’t help but notice women earn, on average, quite a bit less than men. I’ll be long dead before it all gets overturned, yet I’m confident it will, which will help ensure the survival of the species.

And now it’s International Women’s Day, how coincidental. We don’t have an International Men’s Day, we certainly don’t need one, and that’s the indicator of women’s situation, when there’s no need for an IWD, we’ll have made it. So, a bit of history. March 8 was first mooted as an IWD of sorts way back in 1910, at an International Socialist Women’s Conference in Copenhagen. Unlike women, socialists are a bit thin on the ground these days, so it’s fascinating that in Russia – that country that Putin is so happy to drive backwards at full tilt – March 8 was declared a national holiday in 1917, when women gained universal suffrage. On March 8 of that year, women textile workers held a massive demonstration in Petrograd, which some historians claim to mark the beginning of the Russian revolution. Hoping for another one there soon. But that March 8 date seems to have resonated since 1910. On that date in 1914 Germany held an IWD to promote women’s right to vote, but they had to lose a war first, and women didn’t get the vote there till 1919. Interestingly on that same day, March 8 1914 there was a march in London for women’s suffrage, during which Sylvia Pankhurst was arrested. So, definitely a worthy day.

A day to look back and look forward. And to examine the state of things for women right now. We still have a big problem, in Australia and other advanced nations, with women in STEM (Science Technology Engineering Mathematics) fields. Our 45th parliament is composed of 32% women (44% Labor, 21% Liberal). Compare 31% New Zealand, 29% Canada. These percentages are gradually increasing, not fast enough. A quick look at a government website shows that of 41 front-benchers (ministers, junior and assistant ministers), 8 are women, not sufficient, and of course we’ve only had one PM in our history. In the US congress, again the left outperforms the right in female representation, though by a higher percentage. There are currently 106 women of the 535 reps from both houses – that’s only 19.8%. There’s 79 Democrats versus 27 Republicans, almost a 3:1 ratio. All this is a crude measure of political power, but it indicates something, and it certainly makes me frustrated. I dare not look at the corporate sectors of these nations, where arguably the real power lies. Interestingly, the proportion of female judges across Europe is 51% (as of late 2016), but Britain lags behind (England and Wales 30%, Scotland – my birth country – only 24%). Surprisingly, Romania’s judiciary is 74% female – whuda thunkit? It might be worth doing a deeper dive into this conundrum in the future. Percentages are also high in Montenegro and Bosnia-Hercegovina.

In a report published on March 8 last year, 15 nations had female political leaders, eight of whom were the first female leaders of their countries. Three contentious figures were excluded – Park Geun-hye, South Korean President, who was then being impeached; Tsai Ing-wen, President of Taiwan, presumably because the report is worried about the macho thugs in China, and Aung San Suu Kyi of Burma/Myanmar who is the effective leader but constitutionally barred from bearing that title. So, adding some backbone to the report, it’s fair to say we have 17 national female leaders. Of these, I might single out Sheikh Hasina, current PM of Bangladesh, who has held that position, not without interruption, for 14 years, and Angela Merkel, now in her 13th year as Chancellor of Germany. Nice to see that in the Baltics, both Lithuania and Estonia have female leaders.

Of course we’re still scratching the surface, but it’s worth taking the long view – comparisons with 100 years ago, 200 years ago, etc. I’m speaking to myself here, I’m impatient for change. It’s unlikely we’ll get rid of all the macho thugs soon, no use railing about it, we just have to get on with it, and celebrate and and make a noise about the many great female scientists and artists and teachers and mentors and sacrificers who struggle and endure and sometimes succeed. I hope to feature more of them in future posts.

a heroine of a different kind – the very topical Park Yeon-mi

Written by stewart henderson

March 10, 2018 at 10:53 pm

my battle for justice – contacting the DPP, among other things

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good question

The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Lawyers and judges refer to the charges “nol prossed” or dismissed. The prosecution may nol pross all charges against the defendant or only some.

Micah Schwartzbach, US Attorney

Today has been another of those down days, brooding and empty. But reading just the first couple of pages of Robert Sapolsky’s book Behave has somehow heartened me, by making me aware that I’m one of the lucky ones. Okay, I’ve lost my job, temporarily but probably permanently, and the injustice I’m suffering under is hardly life-threatening, and there are compensations, such as time to read and write, and being a lot more comfortably off then many others in many other countries. The damage to my reputation is minimal, since I don’t have much of a reputation or public profile, I’m just an obscure dilettante whose reclusive personality has made me a failure in friendship, in love, and in all the things that matter to the worldly world. But I miss my job and my students terribly.

Today is March 1, the first official day of autumn, and it’s coming up for 18 weeks since I lodged an appeal to have the decision of the DCSI* reviewed. No decision has yet been reached. I’ve contacted the Office of the Ombudsman, which has been on the case and has since sent me two emails, the last one today informing me that my ‘application is still being actively worked on’. I’m left to wonder what this activity entails. Are they looking at documents I don’t have access to, are they in contact with the DPP*, are they poring over the relevant Act*, are they in discussion or dispute over the danger of setting precedents, are they worrying about flouting directives from higher-ups?

I’ve also contacted the Legal Services Commission, for the third time, and they were very sympathetic and helpful, as always, and offered to send a letter to DCSI on their letterhead to help move things along. They also suggested I write to the DPP about the matter. I wrote to the DPP today, but I’m not particularly happy with my letter.

I need to write, and think, like a lawyer.

In the course of today’s activity I looked again at some of the documents I’ve collected, and they repay closer legal and analytic scrutiny. For example, here is the last paragraph of a letter sent to me on November 24 last year by the director of the DCSI Screening Unit, Kelly Tattersall:

… the Screening Unit noted the vulnerability of the child and whilst there appears to be some concern around the credibility of the allegations, the Screening Unit considered, that in undertaking a risk assessment where there are strong factors of concern, decision-makers should err on the side of caution. Further, that the Screening Unit’s paramount consideration(s)  are the rights, interests and wellbeing of children and their protection from harm.

There are three points I will make here.

First, the ‘vulnerability of the child’, was noted. What does this mean? Yes, the child was vulnerable – that’s why I took the role of his foster-carer. All of the kids in my care were vulnerable. So were all the under-eighteens I taught at college. This boy was no more, or less, vulnerable than any of the others. What point is being made here? Surely the point at issue here is the veracity of the boy’s story, not his vulnerability.

Second – ‘there appears to be some concern around the credibility of the allegations’. This made me perk up. Of course there was a great deal of concern about the boy’s credibility – I knew he was lying, I’m pretty sure my lawyer knew he was lying, and I’m very sure that the Anglicare social worker who was monitoring the placement knew he was lying, because she knew him, and she knew me. However, there was nothing in writing, as far as I knew, that cast doubt on his credibility, so how did DCSI know about this concern about his credibility (apart from my own commentary about the case)? Did they have documents from the police, for example, to that effect? If so, I want them.

Third, ‘where there are strong factors of concern, decision-makers should err on the side of caution’. The ‘strong factor of concern’ arises only on the assumption that the allegation is true, and again the reaction here is to the extraordinarily serious nature of the allegation, not to its veracity. And that is disastrous to any system of justice. As to erring on the side of caution, no no no. To err means to commit an error, to get it wrong. What decision-makers should be striving to do is to get it right. You shouldn’t be erring on any side.

I don’t know if that’s a brilliant legal analysis or not, but it definitely makes me feel better.

Another important point should be noted here. The screening unit may well argue that it isn’t expected that they be as rigorous as the law; that this isn’t their job. They might argue that it’s their job only to make recommendations based on possibility, or plausible possibility of harm to children. Organisations and employers are not obliged to follow those recommendations. But this would be disingenuous, in my view. Virtually all large employers apply the screening unit’s findings as a matter of policy, and DCSI is well aware of this. Furthermore, these screenings have a wider application than ever before, and an adverse finding will preclude the recipients from a very wide range of employment options, including most voluntary positions, for example in Community Centres, Parks and Recreation facilities, any place where children are likely to be present. These screening decisions are treated as law, for better or worse, and so need to be made with as much rigour as legal decisions. To do less would be unjust.

Another legal issue I need to clarify is the matter of nolle prosequi. When I’ve talked to the Legal Services Commission about this finding, they don’t seem to distinguish between nolle prosequi and dismissal. This is clearly a central issue. This is what the Screening Unit Director wrote in the above-mentioned letter:

The Screening Unit noted the matter was referred to a higher court, thus the magistrates court found a case to answer. Ultimately, despite notations indicating ‘serious concerns’ regarding the veracity of the allegations by the DPP, the matter resulted in a nolle prosequi outcome, which is not indicative of innocence or guilt, however the Screening Unit noted the matter was not dismissed or acquitted.

So here’s where the Screening Unit got the idea of ‘serious concerns’, though I don’t have that in any of my paperwork. But clearly the fact that it went to a higher court was an issue for the Unit. As well as the nolle prosequi finding, though I’ve read somewhere – and I might be wrong – that once it goes to a higher court, nolle prosequi is the best outcome a defendant can hope for (apart from acquittal, which was out of the question given the cost, the elaborate court proceedings etc).

So if this is true, the DPP must be blamed for allowing this matter to reach a higher court without having gathered evidence or even checking out the boy’s story. I might also blame the magistrate for saying I had a case to answer, though it appears he was directed entirely by the DPP.

So now to the boy’s story, or stories. I’ve gone through this before, but there’s some new material I hadn’t noticed before, which bears on the case.

According to a police statement written at about the time of my arrest, the boy ‘states at about 3.30 pm on Thursday 23rd September 2004, returned home from school..’ and it then goes on to describe how I raped him in the toilet of my home. It’s interesting to note that an exact date is given, though the boy didn’t tell his story until six months later. Further in the statement comes this: ‘Accused left toilet and victim went into bedroom and locked door’. As I’ve noted before, the phrase ‘locked door’, indicating that there was a lock on the bedroom door, were the only words in the whole statement that could be independently verified police. However the police made no attempt to verify this claim until after my case was taken to a higher court. Verification of this claim should have been a prerequisite for taking the case to a higher court. Let me make this clear: it doesn’t require anyone to be AN EFFING SHERLOCK HOLMES. It simply requires due diligence.

There were no locks on the boy’s bedroom door or any other bedroom doors. The boy didn’t notice this because he never felt unsafe. So he guessed, and lied. The police eventually came to my house, checked the doors, and the case was dismissed: nolle prosequi.

I should point out that, in a court appearance of 27 February 2006, this brief charge was made: that I, ‘between the 1st day of September 2004 and the 30th day of September 2004… had anal sexual intercourse with… without his consent.’ The charge was rape. And then in another court appearance dated May 3 2006, again the time period is 1-30 September, but this time I’m apparently charged with 2 counts of rape. Apparently the boy doubled down on his story, perhaps under pressure, apparently learning or guessing that the more horrific his tale, the more likely it would be believed. But it should also be noted that the claim that he was raped twice over a month makes it even more unlikely that he wouldn’t notice that there was no lock on his bedroom door. And there’s also ththee question  – since there was no lock on the door, why would I choose to attack him in the toilet? A fondness for the sordid and unclean?

Anyway, enough of this unpleasantness. The case against me is ridiculous. There are bigger fish to fry. Why exactly is this ‘rigourous’ screening being instituted? There doesn’t seem to be an increase in child abuse, so who’s driving this? And who’s suffering, beside myself? This is a can of worms that needs to be opened up. Sunlight is always the best disinfectant. We need to shine some of this light on the DCSI, and the government that’s driving this grand attempt to protect children, as male teachers leave the profession in droves.

I also want to focus on foster carers, those largely unsung heroes, and the lack of protection they get from jittery religious organisations, who have cornered this market. There’s more than one scandal going on here.



Written by stewart henderson

March 1, 2018 at 10:43 pm

Trump’s downfall – like watching a slow-mo train wreck

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the demise of Richard III

So after something of a lull (but not in the offices of the DoJ’s Mueller and his team) everything’s hotting up in the Russia investigation, and my prediction seems now a dead cert. The indictment of the thirteen was a fascinating read, and we’ve yet to find out if any Americans close to Trump were wittingly involved in this trolling affair. There’s likely more to come from that direction, but the most recent guilty plea and co-operation deal from former White House aide Rick Gates lands a decisive blow, and we still haven’t heard from Flynn – though there may be nothing much to hear.

The Mueller team’s strategy in this investigation, or perhaps I should say the pundits’ attempts to comprehend the strategy, makes for irresistibly compelling viewing and listening, especially as we’re now getting reading material from the team, and very deliberately so, as the American public, or that part of it that matters, need to be made aware of the real and serious nature of the Russian threat and the relationship between the Trump campaign and presidency, and Russian oligarchs, government officials and supporters, such as former Ukrainian dictator Viktor Yanukovych. I should mention the most compelling of the pundits, for me, who include Rachel Maddow, Laurence O’Donnell and Ari Melber for MSNBC, and Anderson Cooper, Don Lemon and Chris Cuomo for CNN and their numerous expert guests.

What has been tantalisingly suggested in the most recent indictments of Manafort, Gates and the Dutch lawyer Alex van der Zwaan is a possible/probable connection between 1: Manafort’s financial problems and the many swindles he engaged in after the deposing of Yanukovych in 2014 and the sudden reduction of those problems when he became Trump’s campaign manager in 2016, and 2: the financial connections between Trump and members of his family and Russian oligarchs. One key to that reduction seems to be the millions of dollars of loans received from a Chicago bank headed by a Trump supporter, who apparently was hoping to be made Secretary of the Army in return. Didn’t happen of course.

And the crises keep on coming in Trumpland. I’ve not written here for a few days, and the latest, just in, is that Kushner has been effectively demoted due to his lack of a security clearance, which will mean a battle between him and John Kelly, which will involve Trump, but more importantly it will focus attention on just why Kushner is deemed a security risk. And of course the clearance issue involves a scandalously large number of White House staff besides Kushner. Another shemozzle. There was apparently a conversation between White House counsel Don McGann and Deputy A-G Rosenstein (initiated by the White House I’ll bet) a couple of weeks ago about Kushner’s clearance. I’d love to have heard its substance. It’ll be interesting to see how Trump handles this particular debacle. He presumably won’t fire Kelly, because that’ll do nothing for the clearance situation – it’s people like Mueller and Rosenstein he wants to fire. My guess is he’ll try to continue with business as usual, defying Kelly’s order that Kushner not be allowed access to top secret documents. The media need to be watchful on this.

But getting back to Manafort-Gates, this appears to be the main game re Trump’s downfall. According to all the legal analysts, the case against Manafort is more than extremely strong, and his only hope of getting a lighter sentence is to plead guilty and co-operate with the Mueller investigation – though perhaps he’d prefer to live his life out in jail than leave himself open to Russian hit-men. He’s showing no sign of cracking as yet, but I can’t imagine it’s due to loyalty to Trump. Meanwhile, reports are that Trump is very worried about Manafort spilling the beans. Again it’s all about following the money.

For the rest of this piece, though, I want to focus on whether Trump will be kicked out, how will he be kicked out, the obstacles and a little bit about the aftermath. First, let me focus on an article in the New Republic, by Matt Ford, published in late January, entitled ‘Trump is Here to Stay’. It’s not a pro-Trump piece, but it questions the likelihood of indicting a sitting president. This is a key question, because I’ve never taken much interest in the political process known as impeachment, which is a more or less uniquely American thing. To me, it should be all about the law – laws being similar (or more similar than different) in all advanced western nations. And no single person, regardless of station, should be above the law. So I would be expecting that Trump would be removed by the Department of Justice, not by Congress, but there’s no precedent for this. But there’s no precedent for Trump either. I wouldn’t want Trump to be removed by a political process, I’d want him to be removed for breaking the law, or laws.

So what laws would he have broken? Obstruction of justice and perjury are two obvious ones, and others would have to do with his finances, and how they tie him closely to Russian oligarchs and their extreme anti-democratic ambitions and their interference in the recent elections – for which one Russian oligarch has already been indicted. Of course my disagreement with Ford and his article is driven by optimism and an unwonted love of fireworks, but I think that, though he accepts Mueller’s thoroughness, he underestimates it. He might also think differently now that these Russians have been indicted, and Gates has pleaded guilty. The Mueller team have come out in public a lot more in the past month, and more is surely expected, nobody can really predict what will come out next. Indictments against, say, Kushner for his financial dealings may change the picture, especially if they’re comprehensive. And Manafort may yet change his tune under pressure. And remember that the Mueller team can look at any wrong-doings that turn up in the course of their investigations, which include the dodgy profits Trump is certainly deriving from simply being the President. I think Ford also underestimates the groundswell of resistance, which may lead to unprecedented national action throughout 2018. The mood against Trump may turn more and more ugly, and if a Mueller indictment comes on top of that, we may witness a true constitutional crisis. For example, I don’t see Pence as being acceptable to the American public, so we’ll be in uncharted territory. Americans might at last see that their political system needs some serious revision – too many personal appointees of America’s CEO and not enough elected officials running things – not enough democracy, in effect.


Written by stewart henderson

March 1, 2018 at 11:27 am

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transporting water in trees – the finale, perhaps

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‘If I do not succeed today, I will attack [the problem] again on the morrow’

Mary Fairfax Somerville (1780-1872), mathematician, physicist, autodidact, genius


trees are so interesting… some more than others

So far my journey into this subject has proved fascinating but inconclusive, but a Veritasium video has helped me with the final solution, though it’ll still take a while to get my head around it.

There’s more than one problem involved here, as I’ve mentioned. There’s the transport problem and the ‘knowledge’ problem; how does the tree ‘know’ when it needs to bring up water, and how much to bring up?

Let’s look at transpiration again. Think of it like our perspiration. When we exercise, or even just when we’re in the sun, we sweat. The sweat then evaporates, cooling our bodies, and if we need to, we produce more sweat. It’s not conscious, we don’t have to know how much more sweat, or water, to produce, it’s just a ‘process’, no doubt a very complex one, like the process in trees and plants. However, I’ll come back to transpiration later.

Water can move up the xylem tube to the leaves of a tall tree at a maximum rate of a third of an inch per second, according to Peter Wohlleben (obviously translated into American). That’s around 2.5cms every 3 seconds, or 50cms per minute. Or 30 metres per hour. That’s rather impressive. When I told a friend about this, she said you can hear the water gushing up the trunk if you put your ear to it. Maybe that’s true.

The Veritasium video starts with another fascinating question – how can trees get so tall? And of course it’s worth noting that different species of trees have their own ‘natural’ height limits, levels of ‘bushiness’ and so forth, which is obviously affected by their particular environments as well as their genes. The tallest are around 100 metres. And one major limiting factor is that they need to transport water from roots to topmost leaves. You can’t suck water up a straw for more than ten metres, because you’ll have sucked all the air out, creating a vacuum, a pressure difference of one atmosphere. To suck the water ten times that high would create a difference of 10 atmospheres or more. So even if trees could suck somehow, the task seems impossible…

Back to transpiration – when water evaporates from the leaves, this ‘pulls up the water molecules behind it’, according to the video, though it doesn’t give an account of this ‘pulling’ mechanism, which in any case couldn’t account for the 100-metre movement, again because of the pressure limitations. Interestingly, many websites, including Wikipedia, describe transpiration as the whole process of water transportation in plants, rather than the process of evaporation and replacement in the region of the leaves, so it can be confusing. In any case the ‘pulling’ up of water to replace molecules lost in evaporation is explained by the cohesion-tension theory, as referred to in a previous post. It’s about hydrogen bonding and the adhesive and cohesive properties of water. Yet it seems miraculous that this process can explain such a vast movement against gravity. The xylem inside trees – those dead, hardened, hollowed-out cells – provide an uninterrupted column for water to pass through (the apoplastic pathway), but the distance would seem to cause pressure problems. The video discounts osmotic action, and here I have to take a quick primer on osmosis, because I don’t get it:

If there is more solute in the roots than in the surrounding soil, water would be pushed up the tree. But some trees live in mangroves where the water is so salty that osmotic pressure actually acts in the other direction, so the tree needs additional pressure to suck water in.

I don’t know why that seems counter-intuitive to me. Is it because I don’t think (sufficiently) scientifically?

Right, after a glance at a couple of videos, I think I get it. I remember the mantra that osmosis is the passage through a semi-permeable membrane (and when does a fully permeable membrane stop being a membrane?) from high to low concentration. But of course it’s the concentration of water molecules that passes from higher to lower, not the concentration of the solute. Duh. And its continued movement up the tree would have something to do with the polarity of water, its bonding properties. But anyway, osmosis isn’t the answer, as mentioned. And neither is capillary action, as explained before.

So now, to the actual explanation, which, at this moment, I certainly don’t get, but I’m going to try. It has to do with gases, liquids, vacuums, pressure and the properties of water. The video provides its final solution, so to speak, in less than two minutes of air-time, but for unscientific me, after a few viewings, it raises more questions than answers. So I’m going to analyse it bit by bit, and this may turn out to be the longest single post I’ve ever written.

So first it’s pointed out, by Hank in the video, that the lowest you can go, pressure-wise, is a vacuum. But that’s only for gases. So a perfect vacuum equals zero pressure. You need something to exert pressure – if there’s nothing there, no pressure:

But in a liquid you can go lower than zero pressure and actually get negative pressures. In a solid, we would think of this as tension. this means that the molecules are pulling on each other and their surroundings. As the water evaporates from the pores of the cell wall, they create immense negative pressures of -15 atmospheres in an average tree.

This negative pressure or tension idea doesn’t come easily to me, and it’s the key to the explanation. It’s certainly accepted science, though there are questions about how much negative pressure water can withstand, as this scientific paper explores, before cavitation. The negative pressure of -15 atmospheres is approximately -1.5 Mpa (megapascals). Experiments described in the scientific paper show that, depending on circumstances, liquid water can sustain far greater negative pressures than -1.5 MPa.

I might be wrong, but it seems to me that negative pressure is like pressure from within (hence tension) rather than from without. I’m going to have to accept this as true, and try and make sense of the rest of the explanation:

Think about the air-water interface at the pore [of the cell wall – is he talking about the whole xylem tube as a cell?]. There’s one atmosphere of pressure pushing in and -15 atmospheres of suction on the other side. So why doesn’t  the meniscus break? Because the pores are tiny – only 2.5 nanometers in diameter. At this scale, water’s high surface tension ensures the air-water boundary can withstand huge pressures without caving [cavitation].

So there’s an air-water boundary (the meniscus) at the pore, which presumably means the top of the column of water. But why does he call it a pore, which we usually think of as a hole, e.g. in the skin. This term isn’t explained at all, it’s just suddenly introduced. Does he mean the xylem column is 2.5 nm wide? No, the average xylem diameter is 25 to 75 micrometers, and 1 micrometer is 1,000 nanometers. In botanical terms, we think of the stomata on the underside of leaves. Is this what is meant? It seems so, from what comes next:

As you move down the tree the pressure increases up to atmospheric at the roots. So you can have a large pressure difference between the top and the bottom of the tree because the pressure at the top is so negative.

I’m still not quite sure how this might be so, and perhaps for that reason the rest of the explanation drifts away from me, though I’m sure it’s trustworthy, and it certainly helps explain why transpiration is indeed an essential part of the entire water movement explanation. But I’ll continue the explanation together with any questions I can come up with. Derek Muller, our Veritasium creator, now asks himself, shouldn’t the water boil at this high negative pressure?

Changing phase from liquid to gas (boiling) requires activation energy. What is this? It’s often defined as the minimum energy required to set off a chemical reaction:

And that can come in the form of a nucleation site like a tiny air bubble. That’s why it’s so important that the xylem tubes contain no air bubbles. Unlike a straw they’ve been water-filled from the start. This way, water remains in the metastable liquid state when it really should be boiling.

Slow down, two more terms are introduced here, a nucleation site and a metastable state. A nucleation site is basically a site where a phase change can begin, and start to spread, as in crystallisation from a solution. In order for water to boil, it has to start to boil somewhere – which is a molecular change. At this site, aka the nucleator, the opportunity for another, freer molecular arrangement (a gas) becomes available, and this will communicate itself to surrounding molecules. Okay, not the best explanation, but it helps me. For a better explanation you should go to the Khan Academy – and so should I. A metastable state, and I quote, is an excited state of an atom or other system with a longer lifetime than the other excited states. However, it has a shorter lifetime than the stable ground state. … A large number of excited atoms are accumulated in the metastable state (Optics 101).

This explains why Muller says the water high in the xylem ‘really should be boiling’, or that it should be in a gaseous state, for that would be its ground state under normal circumstances.

So that’s as far as I can go. It’s been an odyssey for me as well as it was for Muller, and I’m definitely not as sure on it as I could/should be, but I’ve made a lot of headway, and it really is amazing to think of what not only trees but the plants on my balcony ‘garden’ are doing all the time – sucking water through their bodies and into the atmosphere…


Written by stewart henderson

February 22, 2018 at 9:42 am