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???.

2 comments:

  1. Gender bias is rife amongst registry staff in Magistrates' Courts, which can severely access men's access to justice.

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  2. This comment has been removed by the author.

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