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VIC False Statements and IVO - How to Pursue This?

Discussion in 'Criminal Law Forum' started by beanie, 6 August 2015.

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  1. beanie

    beanie Well-Known Member

    20 July 2015
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    Hi all,

    In my understanding of common law, a person will commit perjury I
    If he/she can be proven beyond reasonable doubt that:

    One – the accused made a false statement.

    Two – the accused made the false statement [under oath / on affirmation].

    Three – the accused made the false statement in a judicial proceeding.

    Four – the statement was material to the judicial proceeding.

    Five – the accused knew that the statement was false, or did not believe that it was true.

    I am currently in a IVO ( Intervention order) case with a crazy ex (3 IVOs against me). No children involved so straightforward. He and his parents (whom I don't know) went to police to file a complaint about me. A police investigation, 3 IVO has been filed based on a few material "facts" made in the statement by them under oath in court.

    I have hard evidence of transcripts of our sms and instant messages notes to prove that the ex knowingly lied about a number of key facts and knowingly misled the police on a couple of others to make his case against me. To make it more interesting, his parents case also have the same evidence even though I don't know them from a bar of soap so the duplicate of false statement actually emphasises the ex's intention to lie and misled. My evidence are fairly watertight and in worse case if the court subpoena both our phone records and my customs and immigrantion records (time in and out of country) the evidence will be beyond reasonable doubt.

    So 1,2,3 and 5 are fulfilled. How do I pursue this as I hold in my hands evidence of his perjury in his attempt to indict me. We are seeing each other in family court but perjury is criminal. Do I go back to the same police who investigate me to present to them the evidence of his perjury? How would I know they will investigate it thoroughly?

    Any insight will be appreciated
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Beanie,

    Perjury is a serious allegation. While you have quite a bit of evidence against your ex, this evidence may not be as credible or reliable under examination. So it is best to have a lawyer represent you, or at the very least, advise you, on the merits of your allegation. As a preliminary step, you should speak with your local community legal centre.

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