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Posts Tagged ‘Supreme Court

the latest summary of my battle for justice

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SA’s Supreme Court, a possible destination

I’ve written five posts recently on what I call ‘the big lie’ (see links below), and I might end up turning it into a book. It looks like I’ll have plenty of time on my hands to do so. My last post was on January 20, and since then there’s been no word from DCSI (SA’s Department for Communities and Social Inclusion) on the review of the decision, which officially commenced on October 31 2017 – 105 days ago. On the website for the Screening Unit of DCSI (or DCSE in my case), we’re told that a review will take 6-8 weeks or longer. Of course they don’t say how long longer is.

105 days is of course exactly 15 weeks. I have been suspended from work without pay since November 10. I’d been in my job as an educator in English for Academic Purposes for only four years. It was mostly part-time, and TESOL is probably the most lowly-paid job in teaching, which is already well-recognised as an under-paid profession. However it’s the best job I’ve ever had, and I miss my students – a lot.

I point all this out because I want to make it clear that I lack the financial resources to hire a lawyer to help me clear my name in a civil or criminal court, even if there were any avenue for me to do so, and at this stage it appears not.

However, if I can find an avenue, I will represent myself.

So, two weeks ago I wrote an email to the people responsible for my review. I used the same email address they gave me for sending any further information that might assist my case – personal/professional references or any other documents I might have unearthed. My email was essentially a begging letter about the personal and financial stress I was going through due to their delayed decision. I received no response, so last week I wrote a letter of complaint to DCSI about the delay. I received no response from that either, so yesterday I filed an official complaint about the matter to the SA Ombudsman, whose office looks into official complaints about state government departments, inter alia. After managing finally to fill out correctly their not-so-user-friendly form, I was told they would respond within a fortnight.

So that’s where things stand at present, but I worry that the longer it takes for the Screening Unit to decide for or against me, the less likely it will be that I’ll be reinstated in my job, whatever the outcome.

Meanwhile, as well as trying to turn my mind to other things, and to blog about them, I’ve been looking online for possibilities for clearing my name, taking action against wrongful arrest or wrongful prosecution, and so forth. And I’ve come up pretty well empty. DCSI provided me with a pamphlet on Procedural Fairness as part of their request for further information back in April last year. Under ‘further avenues of appeal’ it states: ‘You may also seek a judicial review of  an administrative decision in the Supreme Court’. If the decision is against me, I will do that, but that won’t be enough, though it may be that the Supreme Court, in reviewing the case, will accept that a nolle prosequi decision was unfair in light of the complete absence of evidence presented. In which case, the DPP and SAPOL may have a case to answer, a case that I would be keen to pursue.

The problem with this, though, is that first and foremost I want my job back, and I’m getting on for 62 years of age. How long would all this take? And it’s also clear that seeking redress for false accusations, and even for unjust convictions leading to deprivation of liberty, is no easy matter in Australia. My online research on this stuff just leaves me feeling depressed. It should be said that the case of Roseanne Beckett, linked to above, ended well for her after 26 years (and the injustice she suffered completely dwarfs my own, to put it mildly).

My concern in fighting this case is:

First, to find out if the accuser is still sticking by his accusation.

Second, to determine how the police can justify not visiting the so-called scene of the crime until after the case had been transferred to a higher court (thus necessitating the production of evidence, or at least verification of the boy’s story).

Third, how can the police justify arresting me without evidence? Their own justification is stated tersely on their charge sheet:

‘Accused arrested to ensure appearance and due to the serious nature of the offence’.

So, two reasons are given. To take the second one first – due to the serious nature of the offence. Is it fair to arrest someone solely on the basis of a claim being serious or extreme? Think of the term used in science: extraordinary claims require extraordinary evidence. Prima facie, I can’t see how you can justify arresting someone for a crime as serious as rape, with all the opprobrium understandably attached to it, and the damage to the accused’s reputation, without any evidence whatever beyond the story of the accuser. To do so would, IMHO, lack due diligence to an extreme degree. So now to the first reason – to ensure my appearance – that is, to ensure I wouldn’t ‘do a runner’. However, this makes no sense. For many weeks before my arrest I was aware that a serious allegation had been made against me. I also made the police aware of this because, after weeks of being kept in the dark, I made an official complaint to the Police Complaints Authority about my situation. It was Anglicare who informed me, by phone, that a serious allegation had been made, immediately after they had manoeuvred my new foster-kid out of the house on a false pretext. Clearly, the police had contacted Anglicare about the allegation against me, and they (the police) would have ensured that no other minor was in my care until this matter was investigated. So the police knew that I knew something was afoot, and they would have known, or should have known, from the Police Complaints Authority matter, that I wasn’t going anywhere. In short, neither of the reasons given by the police for my arrest bear close scrutiny.

Fourth, how the DPP can justify proceeding, when their mission statement is clear that no case will be prosecuted unless there is a reasonable chance of conviction.

But at first glance there seems no avenue for fighting the whole case, so I would have to begin by fighting the DCSI’s decision. This fight would mean questioning why the screening unit looks upon nolle prosequi so negatively. But here I must say that my researches have uncovered something which I may have written about before, forgive me. That is, that there are three possible way in which the prosecution could be unsuccessful, not two, as I’d previously thought.  They are: a finding of not guilty (i.e. acquittal), which would entail an expensive full trial, which was never going to happen; a dismissal before arraignment, in which the DPP recognises it doesn’t have a case; and a nolle prosequi dismissal after arraignment, because the DPP has somehow convinced the magistrate that the defendant has a case to answer. It is because the case was sent to a higher court at arraignment (or did the arraignment actually take place in the higher court? I’m not sure) that I’m in the position I’m now in, without a police clearance, and in danger of never being able to teach again, even in a voluntary capacity, at least not in a community centre, where these more stringent police clearances are now mandatory.

In any case, it’s time now to act, I can’t keep waiting, stuck like a rabbit in the headlights. I’ve been too passive in this case. I need to take it to the Supreme Court, if possible – regardless of the eventual decision of DCSI.


Trump downfall update. The latest indictments of Russians obviously undercuts Trump’s claims about the ‘Russian hoax’ as well as the ‘tattered FBI’ and might have an affect on the Trumpets. They should have an undermining effect on the Congress Trumpets in particular – Nunes, Collins, Cotton and co. If, after this, the GOP Congress continues to deny or do nothing about Russian conspiracy to influence elections, including the coming mid-terms, isn’t this obstruction of some sort? Or some sort of passive collusion? It certainly is an outrage. Pressure should next be brought to bear on sanctions, and that would mean more pressure on Trump.


Written by stewart henderson

February 17, 2018 at 11:32 am