Hi all! I need some other advice before I make a complaint with the Queensland Ombudsman in regards to a miscarriage of justice case that occurred in 2012. I'll include all the details so that you may give the appropriate advice.
I have not included the people's names in this post.
In 2012 I ended a relationship with person a. The reason I ended it is because she wanted to get married at the end of the year after we had only been together for 3 months and I did not. After I ended it I had no contact with her or any other members of her family. I even left the church that we and her family were both members of. I at the time had only been a member of the church for about 5 months.
About roughly 3 months later. I get a call from one of the pastors of the church who asked when the last time was that I had any contact with person a or her family? To which I replied. Not since it ended, why? He then replied that things had gone too far and that I wouldn't be welcomed back to the church for about 2 years. The Sunday following that call. I received a call from a police officer requesting my presence at the station within the next hour.
When I arrived at the police station I was taken into an interview room where the female police officer informed me that she would be recording our chat on a handheld recorder for her notes. I asked if this was an interview after she had turned the recorder on and she replied no. I asked if I could contact a lawyer and she said no as there wasn't any need for one. I then asked if a male police officer could be present and she said no as there wasn't a need for one. The police officer then put the following allegations to me that I had been,
1. Stalking her for 5 days while she was on the Gold Coast
2. Sending numerous texts and making phones calls to her
3. Forcing her to perform oral on me while we were asleep one night.
4. Contacting her family wanting to know where she was with and where she was.
I was informed after those allegations were tabled that person a had attended the police station with her mother and that her mother was the one who made those allegations. I was then asked for a response to the allegations to which I replied
1. I haven't left the city since before we even broke up and that for those 5 days and any other working day this year that I was at work with over 80 other employees and security footage which could verify this.
2. I haven't made any form of communication with her or any member of her family. I even put my phone down and tried to show the police officer the abusive texts I had received from her since we broke up. The office was not interested.
3. I showed the police officer a text from person a where she was apologising for performing oral on me when I was asleep. That is the only evidence that the police would look at and I heard nothing further from this allegation. I later learnt that person a had attended the police station by herself a day after she had attended it with her mother and set the record straight on this allegation.
4. I denied this allegation and told them that I gave permission to go through my phone records and any other form of communication that I had access to.
At the end after I had finished denying the allegations. The police officer issued me with a temporary domestic violence order until it went to a hearing the following week. I contacted legal aid and had a meeting with there solicitor who advised me to consent to the order, he believed me but told me I would not win against a police made application.
When it was time for the hearing. I met with the duty solicitor who was on that day and again had the same conversation with her that I had already had with the first solicitor that I saw, however. This female solicitor advised me that If I didn't consent to the order. Legal aid would not cover my costs if the aggrieved had made an application for legal aid. She also advised me to consent to the order and that at anytime within the two years I could return to court to challenge the order. Being only 22 at the time and not wanting public attention due to my public job I was in. I consented to the order on the understanding that I would return once I could afford to retain a solicitor.
About 6 months into the order I had saved enough money to hire a solicitor which turned out to be hard in this town as many knew the aggrieved and her family. When I did finally get a solicitor who didn't know them, I was left upset as he advised me that I had 28 days to appeal the decision of the court and that there was legally nothing that I could do now.
The whole church that I used to be apart knows about the Dvo and pretty much everyone in this town knows. I have lost two girlfriends over this due to pressure from there family's. I haven't been able to do the following as a result of this Domestic violence order.
1. Even after three years of the dvo expiring. I haven't been able to join the police and they have banned me from applying until 2022.
2. I was asked to leave scouts a week after the order was served upon me at the police station
3. Was told I was no longer aloud at Oztag.
4. Was fired from a job in 2014 as it went against the integrity of the company I worked for. My employer only found out as person a's father came in, saw me and made a complaint to head office. The fair work ombudsman wouldn't do anything about it.
5. Join the defence force.
6. Couldn't renew my blue card. I have no criminal convictions or anything else against me.
I believe I have a case to go to the Queensland Ombudsman on the following grounds.
1. Misleading advice was given to me by the female duty solicitor
2. The female police officer did not follow proper procedure and was a member of the church
3. Police failed to investigate the allegations.
Please I need some advice or some opinions as my solicitor has told me that they will not look at it.
I have not included the people's names in this post.
In 2012 I ended a relationship with person a. The reason I ended it is because she wanted to get married at the end of the year after we had only been together for 3 months and I did not. After I ended it I had no contact with her or any other members of her family. I even left the church that we and her family were both members of. I at the time had only been a member of the church for about 5 months.
About roughly 3 months later. I get a call from one of the pastors of the church who asked when the last time was that I had any contact with person a or her family? To which I replied. Not since it ended, why? He then replied that things had gone too far and that I wouldn't be welcomed back to the church for about 2 years. The Sunday following that call. I received a call from a police officer requesting my presence at the station within the next hour.
When I arrived at the police station I was taken into an interview room where the female police officer informed me that she would be recording our chat on a handheld recorder for her notes. I asked if this was an interview after she had turned the recorder on and she replied no. I asked if I could contact a lawyer and she said no as there wasn't any need for one. I then asked if a male police officer could be present and she said no as there wasn't a need for one. The police officer then put the following allegations to me that I had been,
1. Stalking her for 5 days while she was on the Gold Coast
2. Sending numerous texts and making phones calls to her
3. Forcing her to perform oral on me while we were asleep one night.
4. Contacting her family wanting to know where she was with and where she was.
I was informed after those allegations were tabled that person a had attended the police station with her mother and that her mother was the one who made those allegations. I was then asked for a response to the allegations to which I replied
1. I haven't left the city since before we even broke up and that for those 5 days and any other working day this year that I was at work with over 80 other employees and security footage which could verify this.
2. I haven't made any form of communication with her or any member of her family. I even put my phone down and tried to show the police officer the abusive texts I had received from her since we broke up. The office was not interested.
3. I showed the police officer a text from person a where she was apologising for performing oral on me when I was asleep. That is the only evidence that the police would look at and I heard nothing further from this allegation. I later learnt that person a had attended the police station by herself a day after she had attended it with her mother and set the record straight on this allegation.
4. I denied this allegation and told them that I gave permission to go through my phone records and any other form of communication that I had access to.
At the end after I had finished denying the allegations. The police officer issued me with a temporary domestic violence order until it went to a hearing the following week. I contacted legal aid and had a meeting with there solicitor who advised me to consent to the order, he believed me but told me I would not win against a police made application.
When it was time for the hearing. I met with the duty solicitor who was on that day and again had the same conversation with her that I had already had with the first solicitor that I saw, however. This female solicitor advised me that If I didn't consent to the order. Legal aid would not cover my costs if the aggrieved had made an application for legal aid. She also advised me to consent to the order and that at anytime within the two years I could return to court to challenge the order. Being only 22 at the time and not wanting public attention due to my public job I was in. I consented to the order on the understanding that I would return once I could afford to retain a solicitor.
About 6 months into the order I had saved enough money to hire a solicitor which turned out to be hard in this town as many knew the aggrieved and her family. When I did finally get a solicitor who didn't know them, I was left upset as he advised me that I had 28 days to appeal the decision of the court and that there was legally nothing that I could do now.
The whole church that I used to be apart knows about the Dvo and pretty much everyone in this town knows. I have lost two girlfriends over this due to pressure from there family's. I haven't been able to do the following as a result of this Domestic violence order.
1. Even after three years of the dvo expiring. I haven't been able to join the police and they have banned me from applying until 2022.
2. I was asked to leave scouts a week after the order was served upon me at the police station
3. Was told I was no longer aloud at Oztag.
4. Was fired from a job in 2014 as it went against the integrity of the company I worked for. My employer only found out as person a's father came in, saw me and made a complaint to head office. The fair work ombudsman wouldn't do anything about it.
5. Join the defence force.
6. Couldn't renew my blue card. I have no criminal convictions or anything else against me.
I believe I have a case to go to the Queensland Ombudsman on the following grounds.
1. Misleading advice was given to me by the female duty solicitor
2. The female police officer did not follow proper procedure and was a member of the church
3. Police failed to investigate the allegations.
Please I need some advice or some opinions as my solicitor has told me that they will not look at it.