Thursday, July 28, 2011

Sausage Machine Justice & Serial Pests.

Hey, Where the hell are you??? he frustratingly gasped into his Mobile in The Foyer of The Magistrate's Court, What!!!!, Your Cars Got Battery Trouble again??, That's what you said the Last Time I came to Court only a few Weeks ago.

The Defendant had come to Court again and His Ex Girlfriend had once again failed to appear.


 They'll have to stop her doing this, because I've Lost a day's Work again. The Defendant was a Victim of The Intervention Order Pest. A Person who Rocks up to have an Intervention Order served on Someone Else and Then Doesn't come to Court Themselves.

For Some Defendants this can be a very Expensive Exercise If The Courts don't Stop Issuing Orders to The Repeat Applicant. At The Heidelberg Magistrate's Court Before Magistrate Denise O'Reilly a defendant appeared a second Time at The Court on an Intervention Order Matter, Only to Find The Applicant failed to appear. The Defendant was out of Pocket $3000 in Legal Fees. They are the Legal Equivalent of a Practical Joke, But the Magistrate's Courts allow it to Continue.

How many times in a Court will you Hear, Calling The Matter of????, No appearance by Either Party Your Honour, and The Matter is then Struck Out by the Magistrate. Valuable Police Time has been wasted Serving Orders that are simply Struck Out. One Police Officer I Spoke to said he had Served around 370 orders in a year but only about 30 were for Genuine Family Violence.

The Reason for this lies with The Magistrate's Courts Lack of Counterintelligence, Orders are issued like Confetti at a Wedding without regard for Appropriate Screening of The Applications

   The Whole Process has Become Sausage Machine Justice where anybody that Wants an Intervention Order Gets One. When The Matter then comes Before a Magistrate, The Goal is to get the Defendant to Consent to the Order without Admission. The Defendant who wants to save Time and Money then Simply Agrees to Consent Without Admission. The Magistrate is Pleased because he doesn't get Bogged Down in a Contested Hearing. The Whole Process is Like Buying a Hamburger, it's Quick, It's easy and Doesn't Cost very Much.


The Magistrate's Court has just churned out another Pointless Intervention Order that will last for 12 months. What Everybody fails to realise is that no matter what Conditions a Magistrate Places on an Intervention order, if SOMEBODY is determined to HARM YOU, an Intervention Order will Not Stop Them.

As Nicholas Cowdrey The Former NSW DPP said, we Need Smarter Laws not Tougher Laws. Unfortunately this Doesn't happen in Victoria where we have Intervention order Laws So Draconian that even Reinhard Heydrich would be impressed with the Legislation.

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