Wednesday, July 27, 2011
How People Give Misleading Evidence to a Court.
The Respondant to the Intervention Order headed off To The Hotel To watch The Big Game, The Mighty Saints versus That Bloody Collingwood. The Hotel had Foxtel and a large Plasma Screen and their were Plenty of St.Kilda And Collingwood Supporters There To watch The Big Game. The atmosphere was Fantastic. It was a Great Game with plenty of Cheering From The Hotel Crowd and The respondant and Everything was set for a big Last Quarter.
At 3 Quarter Time Of The Match into the Hotel walked the Responant's Ex Brother-in-law and a group of Friends from The Local Ballroom Dancing Academy. As the Place was packed the group sat at a table near the bar, away from the Footy Mob.
The Respondant went to the bar and got himself a drink to watch the Exciting last Quarter but Just to Be Vindictive the Ex Brother-In-Law reported this so Called Breech of an Intervention Order to the local Police.The mighty Saints won The game, Much to the Disappointment of the Collingwood Supporters
Sometime later The Respondant sought a variation to the intervention order issued by his ex Brother -in-law and the Matter was Heard By Magistrate Denise O'Reilly at a Magistrate's Court In Melbourne, His ex Brother-in-law took an Oath to Tell The Truth, The whole Truth and Nothing But The Truth, Which Didn't happen.
Has There been any Breeches of Your Intervention Order asked Magistrate Denise O"Reilly, Yes There Has Your Honour, He Replied. I Went Down to the Local Hotel with a Group of Friends after the dance closed and i was approached by the respondant while sitting with my friends having a Drink, Was He with Other People asked the Magistrate, no he was by himself and he didn't immediately leave the Hotel.
Magistrate O'Reilly advised The Respondant, that Despite the Hotel being a public Place, He should have Left because the Intervention Order only applied to the Respondant and Not The Applicant.
This was Not The Only Time The Applicant Misled The Court, The Next Time was by using a Fax Machine which led to an Unbelievable Outcome.
When The respondant arrived at The Magistrate's Court, His Barrister Advised Him that a Fax Had Been Sent To The Court asking That The Matter Be Adjourned Because the Other party was Interstate. He also said that the other party had asked That The Matter Be Heard By Magistrate Denise O'Reilly.
Much to the respondant's Disbelief The barrister Advised him that the matter Would Be Heard By The Magistrate they had Asked For In The Fax.
The Matter was then Adjourned By Magistrate Denise O'Reilly so she " Could hear what Abuse Had Taken Place". It was obvious that a decision had already Been Made.
On Any Fax That is Sent, There is alway a Fax Header with the Name of the sender of The Fax. When The respondant arrived Home from The Court he rang Directories for a Phone Number for the Company's Name and was given a phone Number of a Business in Oakleigh.
When The respondant rang That Number, Much to his Surprise it was answered by The Other Party, who was not interstate but was at work in Oakleigh.
The Respondant rang his Barrister To tell him Of The situation. Sorry we can't use That Evidence, Why asked The respondant???. If you get up in Court and Give Evidence that You rang The Other Party at His Place Of Work. It Is Highly Likely that Magistrate Denise O'Reilly Will Put You In Jail For Breeching an Intervention Order, I'm Not Going to Let You do that and end up in Jail.
Yes Folks there are many and varied ways that people give Misleading Evidence in Court and They Get away with Doing It very easily. That's What happens in Courts In Victoria and Other Places too and they are Never Charged for Giving False and Misleading Evidence.
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