Thursday, September 13, 2012

Stupid Misuse's Of Stalking Complaints in Victoria

I Have Been in Court when Magistrate Len Brear has Said, The Intervention Order Laws are there to be used with Common Sense and I doubt that any Police Officer would Charge you For Breeching An intervention Order If You had a Legitimate Excuse To Be in a Public Place.



 A Victorian Man attended a large Music Festival in January 2012 in Tamworth, The So called Defendant walked along the Main street of the Town (Pictured Left) checking out The Buskers, The Music,The Hotels, The Shops etc. When he Noticed only 10 metres in front of Him, His Ex Wife and his Ex Mother- in-law standing on the Footpath, Quickly he walked over to the other side of the street and Kept Walking, The Street was Filled with Many Country Music Lovers, Tourists etc.

The Defendant kept looking at Shops, the Musicians and eventually turned around and headed back up the street to where the Four wheel Drive was Parked, as he was walking along his Ex Wife and His ex Mother-In-law stepped out of a shop, he just kept on walking and was almost past them when they stepped Out of the Shop on to the footpath, the defendant totally ignored them and never saw them again at the Country Music Festival. The Defendant had a Legitimate Reason to Be there as he is a Country Music Radio Announcer with 33 Years Experience who had interviewed many of the Artists at The Festival.

Later that Year in Dec 2012, the Defendant applied to end his ex-wife's Intervention order that had been issued in Dec 2001, some 11 years Earlier, The Defendant's Ex wife & Ex Mother-in-law had indicated to the court in a letter read to The Court By Magistrate Jillian Crowe  that they were stalked in Tamworth and they claimed they reported this to the Town's Police Force.The Defendant had a legitimate Reason to be there enjoying The Country Music Festival, what was he supposed to do?????, cut his Holiday Short and Head back to Victoria???.

What The defendant's Ex Wife Didn't Realize in making these False allegation's To the Court was The Defendant was actually walking down Peel St in Tamworth with 3 Very Good friends, who he had driven up with in THEIR 4 Wheel Drive who could easily verify that no Stalking took place.  Similar False allegations had also been Made by his Ex-wife.


The Defendant had on another occassion gone to a Local Hotel in Melbourne to see a Music Performance with a number of his Friends he was there to see Steve Eales who the defendant had interviewed on Radio Earlier that week. He had parked his car in the rear Car park Of The Royal Hotel in Ferntree Gully in Melbourne, he then walked Through the Gaming room into the Lounge area where the band was Set to play, The Defendant enjoyed the Night with his Friends but at the end of the Night. The Defendant went to leave and had to walk through the gaming room back into the Carpark to his car. As The Defendant went to walk out he noticed his ex-wife sitting at the Poker Machine Right Next To The Exit Glass doors. The Defendant Immediately returned to the Lounge Area and Waited and waited.

The Band was packing up and his Friends had Left But The Defendant's ex Wife was still sitting at the Same Poker Machine, So The Defendant asked a member of the security Staff to walk with him through the gaming room to the exit. The Defendant said nothing would happen but he did that to avoid any further False allegations being made by his ex-wife. In The Letter Read By Magistrate Jillian Crowe the Defendant's ex Wife In the same Letter alleged  that she was stalked at the Royal Hotel and the Defendant had to be Thrown out by Security Staff.

The allegations in the letter were completely false, if the respondent was a threat to his Ex Wife why did she deliberately sit at a Poker Machine right next to the Exit Door for so long, there were many other Machines Available . Magistrate Jillian Crowe had suggested that the Respondent's wife give evidence via a Video link for her protection. This was totally ridiculous as the Respondent was no threat to his Ex Wife.

The Ex wife made false allegations to the Court and the Respondent had now appeared 4 Times before Magistrate Jillian Crowe before this ridiculous Intervention Order was finally ended. Despite this,  no action was taken by Magistrate Jillian Crowe over the Respondents Ex Wife's false allegations.

Later on it came to light that his Ex Wife had remarried & moved to Queensland and no longer lived in Victoria, that's why his Ex Wife didn't appear at Ringwood Magistrate's Court.... The Intervention Order had Now become a holiday intervention Order.!!!....How the respondent was supposed to know when his Ex Wife was back in Victoria on holiday is a mystery.

No action was taken by the Court over the Ex Wife's false allegations. 

Monday, September 10, 2012

Magistrate's Court's in Victoria have Lost The Plot!!!!.

The Defendant Went to a Magistrate's Court in Melbourne on the 15th August 2012 to finally end an Intervention Order that had been around since December 2001. The Magistrate Granted Leave of the Court To the Defendant to vary the Order to have an end date of  31/12/2012.

The Matter was Adjourned until 28th August 2012. The Defendant attended court on that day before Magistrate Jillian Crowe.The Court has received a letter from The Defendant's ex-wife that the matter be adjourned as the Police only served the application to the Defendant's ex-wife on the 24th August 2012. So in effect it Took Police 9 Days to serve the application to vary the Order, only 4 days before the Hearing.

Magistrate Jillian Crowe on the 28th August then adjourned the matter for another Fortnight to Sept 11th 2012. The Defendant attended again on September the 11th and Once again the Defendant's Ex-Wife did Not attend Court but Once again another letter was sent to the Court asking for the Matter to be adjourned once again.

Despite the fact the Defendant had already gained Leave of The Court to apply to Vary The order, Magistrate Jillian Crowe on September the 11th Adjourned the Matter again, Saying that she was granting The Defendant Leave of The Court, Yet again but not To Vary the Order as the Defendant Requested but to apply to Revoke The order. The matter was adjourned to the Fourth Court appearance on November 28th 2012.

The Problem with the Decisions handed down By Magistrates in Intervention Order cases in Victoria is they are not based on evidence but purely based on a Person's Gender. They are Not Court's Of Law, They are Courts of Assumption Because women will be automatically Believed, Men will Not. If you appear before a Female Magistrate, then the case will be even more Biased against you in Victorian Courts.

Applying for an Intervention Order in a Magistrate's Court in Victoria is as easy and as simple as Going to McDonalds and asking for a Big Mac. Just walk up to The Counter and the registrar will immediately start the Process. You Then go into the court before a Magistrate and your allegation will automatically be guaranteed to be Deemed True & Correct, Especially if you're a woman, There is no Police Investigation into your allegations at all.

In The Past Criminal acts consisted of Physical Harm, Robbery, Property Damage etc. Not any more, even though Intervention Order applications are a Civil Injunction by the applicant, when the Courts grant a final Intervention Order, Generally for 12 Months. They open up a Pandora's Box of what can now be Considered to be a Breech Of an Intervention Order and a Criminal Offence, with a possible 2 Year Jail term and a $28,000 Fine.

Despite the Fact that there is no Criminal Intent at all by the Defendant, Intervention orders can seriously affect, Where you Shop, Swim, Exercise, Where you can walk in Retirement Village's, What Road's you can Drive Down, Where you go to Eat and Drink. The List is Endless.

I have no problem with Intervention Orders being Genuinely used to Protect People from Family Violence, but there are many people using the McDonald's Approach to Intervention Orders, and taking advantage of this easy to get approach by Registrar's and Magistrate's in Victorian Court's.

Much of this has been Created by Rob Hulls The Former Attorney General in The Labor Government in Victoria. The Ironic Part of his approach is, His Labor Collegue Theo Theophanus was Wrongly accused of Rape, but at the time it was Assumed by many People and The Media that the Allegations were Correct, It Ruined Mr Theophanus Political Career, but after Much effort it was found that the allegations Of Rape against him were false.

The Police use much the same Principle when Gathering Evidence, When a matter comes before a Court a Police Informant brings evidence before the Court To Be used by The prosecution, The Problem is The Police are not only the So called Informant but also the Judge & Jury as to what evidence is used, There are Prisoners who have served Long Sentences because the Full evidence was not brought before the Court. In These Cases the Defendant has to virtually Prove His Innocence, rather than the Other way Round.

Victorian Court's have Definately Lost The Plot!!!!, but the Victorian Legal System will hand down a Lenient Sentence to one of their Mates, not even Magistrate Raffaele Barberio was put Through such a Harsh Court Process handed down by Magistrate Jillian Crowe, even Though Raffaele had been on the Bench in Victoria for over 20 Years.

In 2010, Magistrate Raffaele Barberio became Involved in a Dispute with His Neighbour Over Dog Poo, and pleaded Guilty In Moorabbin Magistrate's Court to assault and Intentionally Damaging Property, A Local Couple Complained to Mr Barberio about his Dog's Droppings, after he Failed to pick up the Dog Poo. When The Couple Threatened to Report Mr Barberio to The Council, he Threatened to Punch the Male Driver Through an open window.

After The police Served a Brief of Evidence, Raffaele Barberio went To The Victim's Home and Used a key to Scratch Both Side's of The Couple's Car. Mr Barberio Who had 24 Years On The Bench was Convicted By Magistrate Paul Cloran from NSW, Because Mr Barberio Would have Known Not to approach The Victim Of the Earlier Dog Poo Incident Because of his many years on The Bench.

Magistrate Raffaele Barberio Received a 2 Year good Behaviour Bond. Not 11 Years. It was stated that Mr Baeberio was suffering delayed Grief over The Death of His Mother  in 1975, 35 Years ago???, Surely they couldn't be Serious???.