VIC Criminal Proceedings Act breaches by police.

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Skateboard

Well-Known Member
22 June 2017
45
1
124
My case was dismissed but,

A person made a false statement against me that resulted in my arrest by police whilst I was speaking to my solicitor in relation to a family violence matter at court. I travelled from interstate for the family violence hearing and knew that the police wanted to speak to me but they never said that they wanted to arrest me. The Magistrate at court was ropable with the police arrest as he had to adjourn the case for 4 hours until the interview was completed. I was photographed, searched and fingerprinted electronically.

At the contest day I pleaded not guilty. The Police called a witness that wasn’t on the brief of evidence or on the witness list served on me and I wasn’t given a copy of this person witness statement at all. If a statement was obtained from this witness I believe that the charges would not have been authorised as their account contradicted the victims.

I was not given a recording copy of the alleged phone call made by me, the first time I heard it was at the trial. I genuinely believed that the recording did not exist as I never made it and that the transcript of the call was fabricated by the so called victim.

The surprise police witness contradicted what the victim stated in his sworn statement so I know the victim was permitting perjury.

The victim also referred to a phone call allegedly made me that he recorded, he said the phone call went for a few seconds in his statement yet the transcript provided of the call was considerably longer about 30 seconds at least. I believe that he became emboldened after making the statement and later recorded another false longer call that he handed later to police to provide more damming evidence.

The police informant did not do the appropriate phone records check, this was noted by the Magistrate who repeatedly ask the police informant why these checks were not done. The police informant could not explain why. If they had been done I believe the charges would not have been authorised.

I have spoken to a senior police investigator who believes the checks would have done as it is a standard procedure but not included on the brief as they could have exonerated me and that police wanted to convict me rather than investigate the alleged offence.


I had to travel from interstate for the 5 hearings and stay in hotels in Melbourne, the accomodation and travel alone costs several thousands of dollars.

Can I take action against police for breaches of the Crimminal Proceedings Act as the investigation breached the act several times.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
At the end of the case you could have (and should have) applied for costs. Still possible depending when finalised. As far as the police investigation is concerned it is probably an internal disciplinary matter.
 

Alert

Well-Known Member
7 June 2019
243
18
654
My case was dismissed but,

A person made a false statement against me that resulted in my arrest by police whilst I was speaking to my solicitor in relation to a family violence matter at court. I travelled from interstate for the family violence hearing and knew that the police wanted to speak to me but they never said that they wanted to arrest me. The Magistrate at court was ropable with the police arrest as he had to adjourn the case for 4 hours until the interview was completed. I was photographed, searched and fingerprinted electronically.

At the contest day I pleaded not guilty. The Police called a witness that wasn’t on the brief of evidence or on the witness list served on me and I wasn’t given a copy of this person witness statement at all. If a statement was obtained from this witness I believe that the charges would not have been authorised as their account contradicted the victims.

I was not given a recording copy of the alleged phone call made by me, the first time I heard it was at the trial. I genuinely believed that the recording did not exist as I never made it and that the transcript of the call was fabricated by the so called victim.

The surprise police witness contradicted what the victim stated in his sworn statement so I know the victim was permitting perjury.

The victim also referred to a phone call allegedly made me that he recorded, he said the phone call went for a few seconds in his statement yet the transcript provided of the call was considerably longer about 30 seconds at least. I believe that he became emboldened after making the statement and later recorded another false longer call that he handed later to police to provide more damming evidence.

The police informant did not do the appropriate phone records check, this was noted by the Magistrate who repeatedly ask the police informant why these checks were not done. The police informant could not explain why. If they had been done I believe the charges would not have been authorised.

I have spoken to a senior police investigator who believes the checks would have done as it is a standard procedure but not included on the brief as they could have exonerated me and that police wanted to convict me rather than investigate the alleged offence.


I had to travel from interstate for the 5 hearings and stay in hotels in Melbourne, the accomodation and travel alone costs several thousands of dollars.

Can I take action against police for breaches of the Crimminal Proceedings Act as the investigation breached the act several times.
You should have been given access to the Statement made against you before having any questions put towards you.
How can you defend yourself when your not aware of anything the witness stated??
 

Mrmark

Member
4 July 2019
4
1
4
Hi,
I strongly recommend you seek a civil lawyers as it seems as though your criminal case has been heard and determined.

Seek a criminal lawyer in relation to police misconduct

You could possibly attain an adverse cost order to ensure the other party has to reimburse you for costs. You could possibly enter a civil action against the police if there are breaches of procedure and police misconduct.

Points of interest could be wrongful/unlawful arrest, the false statement including a misrepresentation of facts and fabricated factual detail, and possibly malicious prosecution, the limitations of actions for malicious prosecution which is under tort law is 3 years I believe, so you have up to 3 years to enter litigation against the parties

I believe that even the police should be accountable for their actions

Melbourne, Australia