i may be naive but how exactly do cases get convictions without evidence?

[frankgallagherwasere]

As you will have read, things are no better in the UK and the damage and effects innocent people and families suffer is exactly the same !! The only thing that keeps many in one piece is their families - else many would simply lose it, and some do as those of us who have been inside have witnessed.

The law has no interest in the truth and justice just its 3rd party interests and the benefits those involved gain, with a bit of state propoganda. Your case has been replicated many times in the UK as Im sure it has elsewhere in the world - many innocent people currently live in silence of the harm being done to them by those whom advocate democracy, a free society and whom have killed many thousands of innocent people in Iraq, Afghanistan and elsewhere around the world in the so called name of fighting terrorists.

The problem of course is almost everyone is too scared to raise their game and take direct action having already witnessed and suffered the injustice the state to deliver - how knows what they would do next......... anything is possible and probable. One thing for sure, none of it is in the name of justice.

Now you can see and witness exactly what damage is done to innocent people by others we previously thought were there to uphold the law - not manipulate it for their own self interest. Many be you should use your skills and energy to expose and fight the system - or atleast those whom are bent inside it.

[Not Guilty]

Greatest Travesty of All

Sadly, as I have said, I had to do serious gaol time, had a heart attack, was sent to one of the most dangerous gaols in Australia (Long Bay Gaol Sydney) and there told that the Corrections officer could not guarantee my safety, lived with constant threats and abuse, I could go on - and nightmares, my god the thoughts in my mind were not those of a sane individual. But there were two things that made me want to come out the other side and fight, 1 was my wife and daughter and the other was a burning desire to fight. It took me four years to put a mammoth submission to the NSW Supreme Court and what I did to give the evidence I found credence was that I used only Police experts and that way the Crown could not say that I "expert shopped" as is the case in the US Judicial system and sadly becoming part of ours. Now the evidence of the relationship did not come out until after my sentence. Sadly alot of the evidence did not come out - now when I complained about all of her lies, it was all dismissed as trivial (now bear in mind the Crown ahd already placed the evidence forward for an adjudication in regards to perjury.) Now she and her male partner sat on the bench and lied and lied and lied, and I didn't know until after I served my sentence. My argument was that if that evidence had been before the original jury, since they had already found consent out of her evidence of non-consent, the fact that she lied and been caught out lying and had her behavious described directly after this event as "sluttish" well it would have been an entirely different ball game. But the greatest travesty is that my wife planned a family holiday to the USA. I applied for a Visa and declared what had happpened - visa refused. I asked for a review and it has been sent to the Department of Homeland Security. That was in May, we travel out in four weeks. They say don't make travel plans until after you receive your veisa, but I had not nominate date of travel, return and where I am staying etc for the review - so we have paid all of this money only to now have to wait and see if I am actually going to be eligible to travel. The trip of a lifetime with my wife and daughter to Disneyland but because of the lies and the stain, my family will suffer the total humiliation of having to go overseas without me because I am supposed to not be a fit and proper person to enter. I have placed things forward on my own behalf and now will have to wait - that is the greatest travesty of all - continual punishment for a crime I did not even commit.

[frankgallagherwasere]

It was just to confirm who they were before they read out the manipulated edited transcripts. They were not asked a single question related to the case or their investigation or why other evidence hadn't been obtained - other witness statements. I had even prepared questions for the Solocitor to give to my Barrister to ask them - completely ignored like all the rest. Dont forget I never sat down with my Solicitor to go through the statements I was left in a room to look at them on my own, I never sat with her to discuss the case whatsoever - she had complete control and input into it.

I think CPS should also have been asked why further investigation wasnt undertaken on some aspects of the evidence being considered - but then that would mean them doing their job properly.

[Rights Fighter]

That would have been a waste of the court's time. I cannot believe that officers went up to the witness box and asked to confirm their names - and that was it. If this is true then I would love to see the trial transcripts echoing this.

[frankgallagherwasere]

Our officers were only asked their names and never a single question about the case or their investigation - therefore they never had the opportunity to lie !!

[Rights Fighter]

In Mr Kaz's appeal it was a male officer who shouted in the Court of Appeal that counsel for the Crown (who is a woman) should FIND an argument against our grounds. She fought back - she could not.

In a PAFAA member's trial it was a MALE officer who lied on the stand and was SHOWN to be lying.

I really do pity you FG.

[frankgallagherwasere]

But she is a women POLICE officer, it would be more of a purprise if she didn't lie, isnt disception all part of their training to gain convictions - well it is in the UK !!!

If a well informed Police Officer cant fight and win justice there cant be much hope for the ordinary man in the street now can there? Although I do find the situation of her having a relationship with an officer involved in the case somewhat a conflict of interest, they would have to appoint officer from elsewhere who didnt know the parties involved??? well something like that.

In business one cant be accused and sacked without evidence or you would sue for wrongfull dismissal, yet in law hearsay and anyones word is enough to completely destroy you and damn you for life. Something wrong somewhere and there has to be a reason - maybe as Ive stated before its just a gravetrain for all those involved, and I do mean all of them.

[Not Guilty]

Appeal was dismissed

Hi Rights Fighter,
Yes the appeal was run by Senior Counsel and Barrister, both very experienced and well respected - both very disturbed by what they felt was now a dangerous precedent being set ( jury finding their own version from evidence not presented but compromising on a common ground.) I thought, as did they that any doubt they had should have been transferred to the other counts. That certainly was not the case and the NSWCCA went to great lengths to reconcile the verdicts, even in the face of such overwhelming inconsistencies. I then was forced to undertake an 18 month sentence - one that was very stressful for, not only me but my family as well. My wife, who was a police officer, was harassed at work by senior officers whilst I was in custody. I was threatened with having to do my full four year sentence if I did not address my offending behaviour and undertake a therapeutic program. Of course you had to confess your crime as far as addressing the offending behaviour - and if you deny the offence, your guilty as you are in denial - they could do anything to you as you were found guilty and of course treated that way. So I refused to do the program as I could not sell my soul to get early release. But a Corrections Officer collapsed directly in front of my in role call and I immediately commenced first aid. (hard habit to break from all those years protecting the public) Now all of that was placed on my custody file and all of a sudden, I was informed I would in fact be released on my earliest release date. When I was released, I then commenced investigating my matter. And oh boy did I blow her version of events clear apart. Not only did her best friend completely disinegrate her version, he also informed me via an official statement that this woman was in a relationship with the police officer who she was supposed to have confided the assault to. Then he advised me that she had slept with a female student five days after the alleged assault (this woman was a self confessed bi-sexual) and he gave names, times, dates and places. When I submitted this evidence, the Crown thought it serious enough to forward this evidence to the Crown Advocate, the highest level of Crown in the state of NSW -to get advice of the Crown Advocate whether the complainant had committed perjury - and then the cover up started. The Judge hearing my application for review of conviction was changed - changed to a judge that does sentence matters (i.e a judge that can justify a conviction). The Crown Advocate placed forward that the evidence I found was hearsay and opinion that would not be admissible if my matter went to retrial, therefore it should be dismissed - but nothing about the fact she had lied - not one word. Then the evidence from the Head Forensic Physician for the Victorian Police Force. Now you could not get a person more objective than a man who gives opinion for law enforcement could you - wrong. The accepted the evidence of an emergency department on call doctor whose specialty is anaesthesia over three that I submitted, a specialist Police forensic doctor, a specialist gyno and the Head Lecturer of the College of Nursing - an a specialist in womens health, all of whom stated that the vaginal abrasion - the only injury this woman suffered in a long, violent and protracted assault, all agreed was not from any type of penetration and was not one caused at the time of the alleged assault but was caused closer to the time of the examination. Now not only did the emergency department doctor breach all examination protocols but he did not conduct an internal examination (bearing in mind that there was evidence now that she spent the night with her partner the night before the examination) and the reason why was the complainant stated she was too sore. The experts that I put forward stated that there was no reason why she could not have an internal done and stated that she was not, on the evidence placed forward, dibilitated or disabled in any fashion after the alleged assault. They stated that if the complainant was too sore to be examined on Monday, then the injuries suffered on the night would have been so severe that she could not physically move - but the Court stated she was disabled as was her evidence. The sad thing was the evidence from her friends was that she had no physical injury, was not disabled, one stated she was on a stage dancing like a slut (this was in fact stated in Court) and the other stated she was dancing with six men, touching each others bodies and then walked 1.5km home, was not in pain, did not complain of any pain (and incidently was wearing tight pants with no underwear) and none of that evidence went anywhere either. The Judge hearing the application for review went to great pains to say that the evidence should have been submitted at trial and other evidence was irrelevant as it was hearsay -he agreed with the Crown Advocate that the evidence was inadmissible and threw out my application. I showed all and sun dry that this womans evidence was all lies - to the point where the Crown even submitted it to the highest level of the Crown for adjudication regarding perjury and yet I still have this stain. And everything that I write on here is documented and has been presented to the NSW Supreme Court. So sadly, the system would rather threw me to the sewer rather than admit that this woman lied. They all went to great pains to shoot me down and the only thing that will save me now is if she confesses. Now what are the chances of that. My fear, my greatest fear is that I will have this stain on my name forever. These records will last longer than me and it will say I am a rapist. Truth be known that scares me more than I can put into words. And this woman has no compunction whatsoever to put on a police officer's uniform and go to work, lock people up and know with every inch of her being that her lies put an innocent man in gaol.

[Rights Fighter]

Did you submit the grounds for appeal yourself or did you go this using a barrister?

I ask as I submitted grounds for appeal for one of my group members which was rejected by the Single Judge (who gives leave or not as the case may be) at the Courts of Appeal here in London.

I refused to give up and showed the same evidence to a barrister who substantiate the grounds of appeal - and we succeeded (appeal allowed) using exactly the same evidence but changing the substance of the grounds, on November 6th last year.

[Not Guilty]

Deemed Gulty

The problem of course is that when you are found guilty by a "jury of your peers" i.e 12 people that never met you, don't know you but have that preconception that a woman could not be low enough to lie about such a despicable act - they judge you. But then the Courts will not intervene in a jury verdict unless they have faced with an overwhelming miscarriage of justice - now I can only have the stain removed from me when the woman who made the allegation confesses she lied - what are the chances. I do have a small consolation - I have trained literally thousands of police all mof whom hold me in high regard, but also know this woman. Now sadly this woman is known as a woman of "loose morals" even after this event. Now I would dearly love to assasinate this womans character, name her etc, but all I can say is that the police treat her persona non grata - and has been austracised as the evidence that I have placed forward to the NSW Supreme Court is public domain, she cant stop that and they have read for themselves the lies she told, plus the people that where there also have had their say - so she sold me down the river to protect her job as a police officer - and is now being treated as a leper because of what she did not keep her job - some form of justice - but none for me.

[frankgallagherwasere]

If the judicial just kept to the facts and not fiction we would see a level playing field, unfortunately they would prefer to play games with each other in court, its sharing the spoils and not truth and justice.

Im all for stitching up true criminals but lets gets the facts straight and on the table for all too see, not hiding withheld and manipulated before it even gets to a jury. I got kicked cos I kicked off for someone who did wrong and I dont apologise, if people want to assault physically someone else they should answer to society as a whole. Unfortunately, we now have a situation where no one trusts our legal systems and things will only be sorted out outside the law.

That creates a state of anarchy but then maybe thats what the system wants as it would always be there to pick the pieces up afterwards?? None of it makes sense to me, why cant they just all follow the same procedures (as written in statute) and then none of us could complain????????? elementary my Dear Watson

[Saffron]

The Crucible is an excellent example of what has happened to so many of us, victims of false allegations and survivors of genuine assaults. I read that play many years ago and it left a deep impression on me....such injustices. Never thought I would be living one.

[frankgallagherwasere]

You suffer what we all suffer each and every day, cheated by the state for its own self interest and not a single consideration for the truth and justice and the damage it does to those whom it chooses as its victim. The criminals are not always those on trial or those facing conviction, thats just how they want it to appear.

There are only a few countries in the world where the judicial is above the law and literally untouchable and we each live in one of them. The UK judicial is fundamentally corrupt to its core and no matter what anyone else things and says, there is simply too many cases to prove with evidence rather than the odd incompetent and inexperienced lawyer.

If they want us to be criminals maybe its about time we acted and lived upto its title and behaved like on, of course thats exactly what they hope so they can bang us all up again and keep up out of mind and sight. Some get annoyed because of the continuous repetitive rants of the innocent, but then there not in our shoes, they have no real way of understanding only sympathising. All we can do is stand strong and defend our corner as best we can, and try and find others in a similar position to prove its collusion from within and not just a one off situation.

In the UK there are literally thousands in the same boat Im sure where you are its not much better, you need to get organised and fight in numbers as this gives everyone the strength to fight on for justice !!

[Not Guilty]

Appeal was dismissed.

Hi Rights Fighter,
They did appeal - it was thrown out. I submitted a review of conviction to the NSW Supreme Court, I have listed in the threads previously all of the evidence I placed forward but in the end nothing I did or put forward made a scrap of difference - showed how much this woman lied, made no difference, even to the point where the Crown even conceded that I did not injure her, that made no difference. I produced expert evidence from Criminal Profiler who showed this was a false complaint and forensically disected all of the evidence for the court - went nowhere.
But in my matter, I said it was consent, she said there was no consent, the jury found there was consent and it was withdrawn. WHEN WAS IT WITHDRAWN. What part of the evidence, because no one has been able to yet show that proposition. How can a woman state she was injured, then have the Crown say that the injuries cannot be excluded as having been occasioned at some other time other than the assault - a woman who stated she could not dance because of the injuries then be seen dirty dancing, touching other mens bodies on a stage in front of over 100 people then have her evidence of complaint accepted - easy. Because if the Court start overturning convictions, that would show that women do make false complaints, that would stop women coming forward because they would 'fear' they would be persecuted. You can see it all now.
But one thing I have lost is my name. This stain is on me for the rest of my life and how do you remove it? I fought, It took me fours years to place an application for a review of conviction and over 1000 pages of submission to be told that nothing I found made a scrap of difference. So how do you replace your name - how do you get back what makes you who you are? Your name. My favourite quote can be found in "The Crucible."
It truly sums up my fears about loosing my name:my identity.
"Because it is my name! Because I cannot have another in my life! Because I lie and sign myself to lies! Because I am not worth the dust on the feet of them that hang! How may I live without my name? I have given you my soul; leave me my name!"

[Rights Fighter]

Sounds like a perverse verdict - ask your sol/barrister if they intend to appeal the conviction on that ground.