QLD DVO Breach and entrapment

[Migz]

Hi All,

So I had an interview at the local cop shop on the weekend for a supposed breach of a dvo that took place during handover on Fathers day. Firstly, the interview took place in a store room and was only voice recorded. I asked for full disclosure from the interviewing officer... only to have him turn the voice recorder off at the end of my statement and say...look I have you on another recorded device that your ex had on her at handover so the two stories dont match so I will be charging you here today...long story short...I never saw or heard this "so-called" recording device the ex had on her during the interview, he never read out the transcription from this device that he had on the paper infront of him, so whole thing feels like a setup and entrapment.

Can anyone shed some light on whats to happen at the court case in mid October?

Do I ever get to see this so-called device and hear the recording?

Do I find out before court which order of the dvo I have actually breached?

Cheers

 

[sammy01]

Is there anything you said during the change-over that could be grounds for breach of DVO?
refuse to be interviewed by the cops... Attend but do not make any statements...
Sorry mate, but this is criminal law... Not an area I know so much about. I can't help but think this is gonna be one that you're gonna need a solicitor for.

 

[AllForHer]

Do you have parenting orders? What's the nature of the breach?

 

[Rod]

I agree, you've been setup.

Take as many notes NOW of the event as you remember it. Include when, how long, where, what car you drove, weather conditions, what you said, what you did, what she said, what she did, what door did you use, what room were you in, what clothes you were wearing, what clothes she was wearing etc etc etc. The more detailed the better, and the sooner you do it the better. Add more notes as you remember events.

This has the potential to be serious, but wait till the charges arrive and then see a criminal lawyer asap. In future, never ever do an interview with police until you have had legal advice.

Note sure of QLD criminal laws about whether you get a copy of the recording or a transcript. If necessary you may be able to subpoena a copy of the verbal recording.

The more detail you can relate back to the court, the more believable your story becomes. If you don't remember anything, the court will likely take your ex's word because she WILL remember and you can't refute it.

Your lawyer, and you, should look to see if the recording is timestamped, its duration, and match it with your notes, in case there has been some 'creative editing'.

BTW, take more notes NOW NOW NOW.

 

[Migz]

@Sammy… just talking to the Ex about anything other than the baby she considers a breach. With that being said, I’ve been accused of smacking the ex on the the bum (not once but a couple of times the officer said) he believes they are clearly heard on the recording. I never touched her, but I did collide with her after strapping my daughter into her seat, and stepped backwards to close the car door, only to bump into her as she was right up there behind me. To which she started carrying on in an animated way saying “don’t touch me, you’re always touching me, why do you have to touch me all the time, I told you to stop touching me”, by this time I had turned entirely around to face her, and said “are you recording this?”, It just seemed too over the top, she never replied, but continued with her “I've told you not to touch me anymore, and yet you are still touching me”, I thought this behaviour was strange at the time but not out of the ordinary for her and her antics. I responded once again “I wouldn’t touch you even if you paid me, unlike every other bloke in town”… I never swore or yelled, then proceeded to get into the vehicle and reverse out the driveway.
The officer also questioned me on giving her hand signals in the form of a throat slash and a gun with a trigger, I informed the officer that once again I had never carried out these so-called hand signals whilst I reversed down her long driveway, with my head looking out the rear window whilst reversing. He was quick to say well I wasn’t there I was just relaying what I’ve been told, but I’m happy not to pursue that. I said, “I’ve never given her hand signals, other than the middle finger once and once again this is more made up crap, so she can one-up me at the upcoming Federal circuit court hearing.”
The interview has already happened and yes I think I will have to lawyer up for this one.

@AllForHer…Yes we have parenting orders, thank goodness, and revised ones are due to be handed down at the end of the month, where hopefully my hours increase again. As for the nature of the breach, it’s not actually noted on any of the paperwork, it just says breach of order. They will obviously be trying for 2 breaches, on for contact and one for unbecoming behaviour, or whatever the opposite to “be of good behaviour is”.

@Rod…Great advice, and yes I will exactly that. Thank you.

 

[Rod]

BTW, as it gets closer to the day in court I'd be tempted to tell her you'll be taking action against her for your costs and damages and possibly defamation. Defamation is trickier as she possibly has a defence. Police can also lay charges for making a false report to police. If she elects to not turn up the charges will likely be dropped. Though I am unsure if this amounts to interfering with a witness which is a no-no so it will be best to discuss this with the criminal lawyer.

 

[Rob Legat - SBPL]

I'm no criminal lawyer, but any decent one will start pulling that recording apart. While the officer may have 'clearly' heard noises on the recording, there's no way he can tell what they are. Your ex may have told him they were you smacking her on the bum, but that's merely hearsay - which he should be well aware of. I would say he was trying to get you to agree to make the whole process easier for them.

Most people aren't as good actors as they think they are. From what you've said it appears she was trying to set you up, and that will probably become apparent in the course of things.

 

[Lennon]

Your ex may have told him they were you smacking her on the bum, but that's merely hearsay - which he should be well aware of.

A person's evidence about something that was done to them (ie the ex's evidence about Migz slapping her on the bum) is definitely not hearsay.

 

[sammy01]

mate learn to use your phone - do your won recording

 

[Rob Legat - SBPL]

Lennon: you're correct, it's not. But we're not talking about what the ex claims, we're talking about the cop saying that he was smacking her on the bum from listening to a sound on a recording and hearing what the ex had to say about it; which is definitely hearsay. Stating something is an allegation is one thing. Stating it is a matter of fact that can be "clearly heard on the recording" is another thing entirely. The officer could say that he believes what the ex has said, but he has no standing to state that the sound which is audible on the recording is the sound of anything in particular unless he directly witnessed the event.