QLD Affidavits service, reliance on, perjury

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Wobby77

Active Member
17 November 2016
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0
31
So, I filed for PGBO on my neighbour and his friend as per police advisement several times and the neigbours owns solicitor when I asked him to ask them to leave me alone.

They filed affidavits in repsonse to my application ADMITTING damage to my property, harassing phone calls and a few other items. They also included old affidavits in his old dismissed bassless application against me and 2 new affidavits containing new false accusations against myself (which I provided evidence to disprove completely). These were all served on me, along with a notice to cross examine my and my witness, so I gave notice as advised that I wanted to cross examine both of then and all their 'witness's' .

But on the day the magistrate asked if I had summonsed them all, I said no, I did as the other side did. Magistrate turned around and said to the other side, no you cant sneak in the old affidavits that way, they are out, they said fine, they didnt want to rely on them now. Realising that the false accusations could get some of them in a real s**t with perjury as I responded with my evidence and asked them to be charged in my opinion.

I then wanted to cross their new witness's but was told no they are no longer in evidence. How is that fair? The lenghts these people will go to is shown by what they get people to do for them to harass me.

I moved house to get away from these people, basically in hiding. Decided to stop beating my head against a brick wall of the 'justice' system as it doesnt exsist. (I got denied a PGBO and they stalked me the next day when I was moving!!!) and move on with my life. So I pick up another one of their either fake FB profiles or 'agents' as a stalker tonight and I find this https://www.nswbar.asn.au/docs/prof...vits__Evidentiary_Statements,_Sullivan_QC.pdf

Says in NSW once a affidavit is SERVED they can't under the threat of cross examination or threat of perjury decide to pull it from evidence basically. I felt the magistrate gave their BARRISTER a HUGE help at the end, as they wanted to present their evidence, but the magistrate, said 'really?, did you now READ me right? I think you NEED TO GO BACK to your clients and get written directions about that". and called another recess. Now I find this, I am even more of that opinion, that I was doomed from start being self represented. I was told I had too much info, then not enough. I was told I was TOO sensitive (if you lived the harassment you would understand as it was HUGE) 2 minutes later I was no shrinking violet.

They made a big show and dance in court to say that she apologised for saying I was faking my rare AI disease, but I was not allowed to say what she said to me when I had to walk past where she has postioned herself that morning to get into court, that once again I was faking it. Which is the usual from the stalkers, Im so good that I've fooled many specialists, tests etc that I have Interstitial Lung Disease, easy attack really, sick, sad but easy.

Amongst that, the police report was deemed hearsay, so what is the point of their reports or even police? But he had finally admitted in his affidavit that yes he did cut my tree which he has denied even touching over and over for 20 months and even blaming the other neighbours.

So Im tyring to move on, but would still love to shut these fuckers up, what is the legalities of publishing their affidavits with the false accusations and my evidence which proves I wasnt even in the vicinity etc when they say this s**t went down?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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The paper you’ve referred to doesn’t quite mean what you’ve said. What the paper says is that once an affidavit is read it can’t be withdrawn. Reading is the formal adoption into evidence - the ones in your instance didn’t get that far. The paper also says they can be used against them if they contain admissions, but the applicability of that here is unknown. The rules of evidence are very complex and highly technical.
 

Wobby77

Active Member
17 November 2016
14
0
31
I was referring to this part " 10.0 Consequences of filing or reading Affidavits 10.1 It must always be remembered that once an Affidavit is filed and served, especially if the Affidavit is that of a party as opposed to a mere witness, then that Affidavit can be used against your client if it contains admissions. If it contains admissions, then the relevant portions of the Affidavit may be tendered against your client even if you choose not to read the Affidavit.119 " ??

The affidavits were from the partys as well as the 'witness's , and were filed in the court and served. There should be some sort of consequence for them filing knowingly false affidavits, otherwise anyone can swear anything to bait or solicit and then withdraw it to their own advantage or to avoid repercussions, how is this fair? :)
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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The point is "if it contains admissions". And that's the legal form of admission, not the generic form.

Plus that may or may not apply in Queensland.