QLD Charges Dropped - Still Treated Badly by Police?

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Wobby77

Active Member
17 November 2016
14
0
31
Hi,

I had a bit of a situation with a Real Estate Agent when purchasing my house. She mislead us on several things and illegally changed the contract. It bubbled over and I filed complaints with Office of Fair Trading and emailed a copy of that to her boss, whom I went to school with 20 years ago and she used to bully me there.

The next day, in April 2015, I called her boss to complain about her employee (I recorded the call thank god). I am on oxygen and when I get stress or excited, my heart works harder and my lungs kick in and I yell, so I then get real emotional. I was voicing my displeasure at the fact that the boss had done not one thing she had said, she would do in her reply email the night before to me to fix the situation.

So straight away she made a false statement to police, my recording disproves her statements. The police statement said she recorded the call. I don't think it is possible for her to have the whole thing and even if she does, it doesn't change what I actually said. Long story short, I got charged with misuse of a telecommunications device to intimidate, threaten or harass.

The charge got dropped in July 2015, due to no evidence offered, after my solicitor pointed out the facts of why I called, my health situation. I had the full recording and that I said no such thing and could prove it. How I said it was because of the situation. Along the way, the other side denied everything they did to Office of Fair Trading and anyone else I asked for help.

The boss then called me in April this year, (I hit record as soon as I realised it was her, for protection) and she admitted to me that it all happened, she understands now why I was so upset, that the employee who did it was listening in on that call (I now suspect she recorded it) and stirring her up to the level she got to. She stated that she felt once the police called, it was out of her hands and she regrets it now. Then asked me to testify in court that it all happened as a I said, because she did investigate herself and found the employee did do it all, considered it gross misconduct and fired her.

She said the employee had done things before, but no one had put it in writing or tried to take it as far as I had. The employee was now suing her for unfair dismissal as it had been denied to everyone else.

As soon as I was given the NTA, I was treated like I was guilty until proven innocent, even now Office of Fair Trading were told that I only complained to them as I was arrested and thrown into the watch house, which is completely untrue and I am dealing with that through their process (they investigated me more after they closed the file on Facebook, as soon as I requested the file, then the did the RE's breaches of their licence).

When I went into the station a week later to do my prints and DNA, I asked the officer, 'How do I go about getting these things destroyed when the charges are thrown out?". He told me that it could not be done, I would have to ask my lawyer. Well my prints and DNA have been removed and destroyed now, but I am still being treated like I got away with something I shouldn't have by the government, hence I am nervous to ask the police for help now.

My question is, the only people I have not approached as yet as I am nervous to, is the police in regards to her now admitted false statement. These were feelings her employee made her feel about me, not what I made her feel on the phone call. She admits it was the employee stirring her up. As I feel and we now all know the employee knew that she had done the wrong things. My recording also proves many points in the statement wrong. I got dragged into court 3 times before it got dismissed.

Will the police do anything about this at all for me now? I also have the copy of an affidavit the boss' lawyer sent me to sign again stating that it all 100% happened and is true.

The whole situation put my family through hell and I ended up pretty depressed as a result and had to be medicated.
 

Rod

Lawyer
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27 May 2014
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Unlikely QLD police will help.

What do you want to happen?
 

dani.t.

Active Member
16 November 2016
11
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31
May possibly be some sort of civil action that you could take - but for what reason? It would be expensive and difficult to prove. I have a feeling that it may actually be illegal to record phone conversations without the other persons knowledge and consent, but I may be wrong about that.

If the charges have all been dropped and DNA, etc. wiped, I doubt much more can really be done. Sorry I can't offer you some more positive news!
 

Wobby77

Active Member
17 November 2016
14
0
31
It's not illegal in QLD to record phone calls that you are a party to. It is illegal if you are not a party to the call, hence my thoughts that the employee who was not part of the call actually recorded it.

Should not the police follow up the fact that the Boss submitted a false police report and be charged accordingly?
 

Gorodetsky

Well-Known Member
21 February 2016
146
35
519
Hi Diane Houston,

In Qld, making a false verified statement has a penalty of up to seven years prison.

Criminal Code 1899 - SECT 193193 False verified statements

It's a very serious crime. There are several element that must be proved.

Is the lie in their sworn statement? Can you prove they knew it was false?

If so, that's the first hurdle. Now you have to take that to the police. No one on this forum can tell you with certainty whether the police will act on it or not.

(My guess is they won't. They'll say "not enough evidence" or "not in the public interest" or "not a crime, it's civil matter". But I could be wrong and you might be lucky)

To answer your question:

Should the police act on it? Credible evidence of a crime with a seven year max penalty? Most definitely. But don't get your hopes up.

Good luck
 

Wobby77

Active Member
17 November 2016
14
0
31
Yes, there are several things she says that I said in her statement are clearly not said in the recording, She has put her own spin on things and said I threatened to run around town telling people things, when that is not what I said at all, not even hinted at that. And she said that I physically threatened her, I threatened no one and told her I was unable to hurt anyone as she knew because I cart around oxygen with me 24hrs a day.

Thank you for all the comments. But, yes, it seems to be a common block along the whole ordeal, being referred back to a Civil matter that once again I will be out of pocket for, when I am actually the victim of her, the police, OFT, REIQ etc. Not a great system at all :(