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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.

 


 

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Written by stewart henderson

November 11, 2017 at 7:34 pm

the SA government’s six-point plan for energy security, in the face of a carping Federal government

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South Australian Premier Jay Weatherill, right, with SA Energy Minister Tom Koutsantonis

The South Australian government has a plan for energy, which you can take a look at here. And if you’re too lazy to click through, I’ll summarise:

  1. Battery storage and renewable technology fund: Now touted as the world’s largest battery, this will be a storage facility for wind and solar energy, and if it works, it will surely be a major breakthrough, global in its implications. The financing of the battery (if we have to pay for it!) will come from a new renewable energy fund.
  2. New state-owned gas power plant: This will be a 250 MW capacity gas powered facility designed initially for emergency use, and treated as a future strategic asset when (and if) greater energy stability is achieved at the national level. In the interim the state government will (try to?) work with transmission and distribution companies to provide 200 MW of extra generation in times of peak demand.
  3. Local powers over the national market: The government will legislate for strong new state powers for its Energy Minister as a last-resort measure to enable action in South Australia’s best interests when in conflict with the national market. In addition, all new electricity-generation projects above 5 MW will be assessed as to their input into the state electricity system and its security.
  4. New generation for more competition: The SA Government will use its own electricity contract (for powering schools, hospitals and government services) to tender for more new power generators, increasing competition in the market and putting downward pressure on prices.
  5. South Australian gas incentives: Government incentives will be given for locally-sourced gas development (we have vast untapped resources in the Cooper Basin apparently) so that we can replace all that dirty brown coal from Victoria.
  6. Energy Security Target: This new target, modelled by Frontier Economics, will be designed to encourage new investments in cleaner energy, to increase competition and put downward pressure on prices. The SA government will continue to advocate for an Emissions Intensity Scheme (EIS), contra the Federal government. It’s expected that the Energy Security Target will morph into an EIS over time – depending largely on supportive national policy. Such a scheme is widely supported by industry and climate science.

It’s an ambitious plan perhaps but it’s definitely a plan, and definitely actionable. The battery storage part is of course generating a lot of energy already, both positive and negative, as pioneering projects tend to do. I’m very much looking forward to December’s unveiling. Interestingly, in this article from April this year, SA Premier Jay Weatherill claimed 90 expressions of interest had been received for building the battery. Looks like they never stood a chance against the mighty Musk. In the same article, Weatherill announced that the expression of interest process had closed for the building of SA’s gas power plant, point two of the six-point plan. Thirty-one companies from around the world have vied for the project, apparently. And as to point three, the new powers legislation was expected to pass through parliament on April 26. Weatherill issued a press release on the legislation in late March. Thanks to parliamentary tracking, I’ve found that the bill – called the Bill to Amend the Emergency Management (Electricity Supply Emergencies) Act – was passed into law by the SA Governor on May 9.

Meanwhile, two regional projects, one in the Riverland and another in the north of SA, are well underway. A private company called Lyon Group is building a $1 billion battery and solar farm at Morgan, and another smaller facility, named Kingfisher, in the north. In this March 30 article by Chris Harmsen, a spokesperson for Lyon Group said the Riverland project, Australia’s largest solar farm, was 100% equity financed (I don’t know what that means – I’ll read this later) and would be under construction within months. It will provide 300MW of storage capacity. The 120 MW Kingfisher project will begin construction in September next year. Then there’s AGL’s 210MW gas-fired power station on Torrens Island, mentioned previously. It’s worth noting that AGL’s Managing Director Andy Vesey spoke of the positive investment climate created by the SA government’s energy plans.

So I think it’s fair to say that in SA we’re putting a lot of energy into energy. Meanwhile, the Federal Energy minister, Josh Frydenberg, never speaks positively about SA’s plans. Presumably this is because SA’s government is on the other side of the political divide. You can’t say anything positive about your political enemies because they might stop being your enemies, and then what would you do? The identity crisis would be intolerable.

I’ve written about macho adversarial systems in politics, law and industrial relations before. Frydenberg, as the Federal Minister, must be well aware of SA’s six-point plan (found with a couple of mouse-clicks), and of the plans and schemes of all the other state governments, otherwise he’d be massively derelict in his duty. Yet he’s pretty well entirely dismissive of the Tesla-Neoen deal, and describes the other SA initiatives, pathetically, as ‘an admission of failure’. It seems almost a rule with the current Feds that you don’t mention renewable, clean energy positively and you don’t mention the SA government’s initiatives in the energy field except negatively. Take for example Frydenberg’s reaction to recent news that the Feds are consulting with the car industry on reducing fuel emissions. He brought up the ‘carbon tax’ debacle (a reference to the former Gillard government’s 2012 carbon pricing scheme, repealed by the Abbott government in 2014), declaring that there would never be another one, as if the attempt to reduce vehicle emissions – carbon emissions – had nothing to do with carbon and its reduction, which was what the carbon pricing scheme was all about. This is the artificiality of adversarial systems – where two parties pretend to be further apart than they really are, so that they can engage in the apparently congenial activity of trading insults and holier-than-thou tirades. It’s so depressing. Frydenberg was at pains to point out that the government’s interest in reducing fuel emissions was purely to benefit family economies. It would’ve taken nothing but a bit of honesty and integrity to also say that reduced emissions would be environmentally beneficial. But this apparently would be a step too far.

In my next post I hope to get my head around battery storage technology, and lithium-ion batteries.

References/links

https://ussromantics.com/2017/07/14/whats-weatherills-plan-for-south-australia-and-why-do-we-have-the-highest-power-prices-in-the-world-oh-and-i-should-mention-elon-musk-here-might-get-me-more-hits/

https://ussromantics.com/2011/06/25/adversarial-approaches-do-we-need-them-or-do-we-need-to-get-over-them/

http://ourenergyplan.sa.gov.au/

http://www.abc.net.au/news/2017-04-13/sa-gas-fire-power-station-gains-international-interest/8442578

https://www.premier.sa.gov.au/index.php/jay-weatherill-news-releases/7263-new-legislation-puts-power-back-in-south-australians-hands

http://www.abc.net.au/news/2017-04-13/sa-gas-fire-power-station-gains-international-interest/8442578

https://www.parliament.sa.gov.au/Legislation/BillsMotions/SALT/Pages/default.aspx?SaltPageTypeId=2&SaltRecordTypeId=0&SaltRecordId=4096&SaltBillSection=0

http://www.abc.net.au/news/2017-03-30/new-solar-project-announced-for-sa-riverland/8400952

http://www.investopedia.com/terms/e/equityfinancing.asp

https://en.wikipedia.org/wiki/Carbon_pricing_in_Australia

 

South Australia and electricity revisited

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1476136506464

Canto: So what’s the latest on SA’s statewide blackout of September 28 last year, who’s to blame, who’s blaming who, and what solutions are in the offing, if any?

Jacinta: Well the preliminary report on the NEM, which we’ve been reading and writing about, has a few things to say about this, and they’re based on the findings of the Australian Energy Market Operator (AEMO) in its own preliminary report.

Canto: He said she said.

Jacinta: Well maybe sort of. So the SA blackout is presented as a case study. Here in SA we have a very high proportion of VRE (variable renewable energy) generation – one of the highest in the world. Our peak demand as a region is 3300 MW, and our supply capacity is almost 2900 MW of gas, almost 1600 MW of wind, and 700 MW of installed solar. We’re connected to the rest of the NEM by two interconnectors, an AC connector with a capacity of 600-650 MW, and a DC connector with a capacity of 220 MW. With electricity demand here declining, or at least not growing, synchronous generation and supply have reduced, with a resultant reduction in system inertia.

Canto: I presume by system inertia you mean the tendency for a machine, a vehicle, or a generator, whatever, a system to keep going once the power’s switched off. Like the QE2 has a lot of system inertia.

Jacinta: Right, but it’s a particularly important term in reference to power generation. There are some neat explanations of this online, but I’ll give a summary here. Coal-fired power stations work through the burning of coal which generates steam to turn a turbine, putting energy into the grid, and being massive, it has a lot of spinning inertia. Slow to fire up, slow to wind down. Solar, though, doesn’t work that way. It has no spinning or even moving parts. When the sun’s off, it’s off, but when it’s on it’s on. There’s really no inertia at all in a conventional solar PV system.

Canto: And wind? That’s the principal renewable energy here.

Jacinta: Yes that has inertia, certainly, but it’s variable and not as significant as perhaps it could be. So anyway on the morning of the blackout weather forecasts were grim, but not enough for AEMO to put out alerts for a ‘credible contingency event’. As it turned out there were at least seven tornadoes in the north of the state that day, as well as numerous lightning strikes and high winds which caused structural damage to transmission lines. At blackout time electricity demand in the state was a little over 1800 MW, with nearly half of it being supplied by wind farms, and of the rest about a third came from gas-fired generators, and the other 600 or so megawatts came through the interconnectors from Victoria. The main Heywood connector was approaching its operating limit. Short circuits to the transmission lines, caused by lightning, were the probable proximal cause of the blackout. Thirteen wind farms were in operation at the time, and eleven of them experienced ‘voltage dips’. What happens in these circumstances is that ‘fault ride-though’ responses are invoked. However, nine of the eleven farms had a lower pre-set limit for the ride-through response to proceed, and after a number of dips those nine wind farms cut their connection. The other two had higher pre-set limits and continued operation.

Canto: Ahh, so those preset limits were set too low?

Jacinta: Maybe – that’s one for further investigation. So the lack of generation from the wind farms caused an overload on the Heywood interconnector, and it was disconnected as per protection systems, resulting in frequency failure on the grid, and blackness fell upon all the land.

Canto: Right, so how did things get restarted? What’s the normal procedure?

Jacinta: Well, there’s this contracted service, called the System Restart Ancillary Service, which in SA is contracted to two major electricity generators (unnamed in the report), who can supposedly restart regardless of the grid situation, and provide power to the transmission network, but these servers failed for unexplained reasons, and power was finally restored through the Heywood interconnector together with the Torrens Island power station.

Canto: Okay, so now the fallout. How could things have been done differently?

Jacinta: Some near-term fixes have been implemented already. Firstly, having to do with frequency rates which I won’t go into here, and secondly in relation to wind farms. Five of them have made changes to their fault ride-through settings, and AEMO is looking at this issue for wind farms across the NEM. The Australian Energy Regulator, another bureaucratic body, will have completed a full analysis of the blackout by early next year to determine if there were any breaches of regulations. Obviously it’ll be looking at the conduct of AEMO throughout, as well as that of the transmission operator, ElectaNet. It’ll also look at these fault ride-though settings of wind farms and the failures of the System Restart Ancillary Service. It all sounds as if everything’s being done that can be done, but the major problem is that grid security as it stands can only be provided by large generators. The report again mentions gas-fired generators as the best solution, at least in the short to medium term.

Canto: So, as the grid, and the general provision of electricity, undergo these transformations, we’ll no doubt experience a few more of these hopefully minor setbacks, which we can learn from as we develop security for a more diverse but more integrated system…

Jacinta: Greater integration might require less squabbling about the future of energy. I can’t see that happening in the near future, unfortunately.

Written by stewart henderson

December 25, 2016 at 4:04 pm