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QLD How to Find Out About Stalking Charge?

Discussion in 'Criminal Law Forum' started by Justamum, 21 July 2016.

  1. Justamum

    Justamum Active Member

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    I was charged under false allegations in the Criminal Court under a stalking charge that was dropped for lack of evidence.

    I was given a Restraining Order which I feel has been used to enable further investigations. I am certain I have been under surveillance. I was the subject of a 5-hour CIB interview concerning my now ex-husband (who the charge and RO do not relate directly to).

    How do I find out what the blazes is going on? I suspect I have been the subject of a setup with my ex-husband. He, meanwhile, is walking around free, while my name has been decimated.
     
  2. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi justamum,

    What state are you in?

    Just trying to clarify, you were charged with stalking and charged with making false allegations, but was one or both of these dropped?

    Did you consent to the RO, in return for the charge(s) being dropped? How did you get the RO if not? Was it just an application from the Pinop?

    Does the RO relate to your ex-husbands current partner?

    Your Question: how do you find out what is going on? If the police interviewed you, you had the opportunity to ask them why they wanted to interview you. They may not have been entirely honest if you had asked. Or perhaps the full brief of evidence for your charges would shed some light.

    I hope this helps,

    Regards
     
  3. Justamum

    Justamum Active Member

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    Thank you for answering.

    How do I see the full brief of evidence for my charges? I didn't know I could.

    The RO was given to me. Handed down, and I had no choice. It was against the person who brought about the stalking charge, but it said in the police prosecutors charges that he didn't want to do it. It was full of lies.

    The false allegations were in the charge sheet against me. I'm horrified over it. The charge was stalking. And it was dropped for lack of evidence. But I know I've been investigated. I want to know why!

    Will FOI help me find out too?

    Thanks again.
     
  4. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi Justamum,

    Easier to answer your questions with some of the blanks filled in. Please don't divulge too much info, there are cops on this forum.

    What state? The laws are different in each state.

    You were not charged with making false allegations, just with stalking. Correct? (I'm still unclear)

    The RO and stalking charge are related to your ex's current partner?

    The charge sheet is the basis for you to find out what happened.

    The police cannot charge you with a crime and say they didn't want to. Their signature is probably at the bottom of the charge sheet saying this is all true as far as they know. They take responsibility for bringing the charge, to do otherwise is to delegate the authority of the police to someone else. A RO is not a charge though, it is a civil action

    Making false allegations to police is a criminal offence (I think in all states?) (what state are you?). The charge sheet ought to be the basis for you to complain to police that false allegations were made about you.

    Regards
     
  5. Justamum

    Justamum Active Member

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    Ok I might go from there to the police station.

    Qld. Nothing to do with ex.

    The false allegations are in the charge listed against me. The person who charged me said he didn't want to. You've just answered my question about this being a criminal offence to lie.

    The civil RO is all that came out of it when the charge was dropped.

    I was only charged with stalking. Correct.

    So I can go and see police records about why? I didn't have a police interview, I was advised not to. But they told me nothing. I'm furious. It's been soul destroying.
     
  6. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi justamum,

    You didn't have a police interview? But you had a 5 hour CIB interview? I don't understand.

    Regards
     
  7. Justamum

    Justamum Active Member

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    The stalking charge had no interview. I was taken into HQ and charged. A couple of months later, I was asked to be interviewed by the CIB (this was over a charge I had made on my ex- separate matter).

    The CIB spent the whole time questioning me obliquely about the other matter too. (He told me it was on my file and couldn't ask directly or talk directly about it, btw)!

    A little while after that, the CIB guy, (who had given me his mobile, to call if I had any need to) called me to ask me the outcome of the Charge Against Me! Then told me to look at the computer and look up the RO to say what it said exactly. He said the act meant that I have to stay away from this person, but that also he has to stay away from me!

    Now this person has in the meantime deliberately gone out of his way, to stand right next to me (the person who charged me with stalking, remember?! And on the charge sheet, has said he didn't want it done). I feel that he has been made to. I think he knows something (and isn't allowed to tell me). I feel that my ex is under investigation.

    And I have been the pawn in the whole debacle. It has destroyed my family and also me. How do I find out what is going on? Any ideas? I know it's a lot to process. It's been a complex mess.
     
  8. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi justamum,

    Look, sorry if I'm a bit cagey.

    If the stalking charge had gone to a hearing, you'd had got a copy of the full brief, which details all the evidence against you.

    The cops don't care about FOI. They hardly take subpoenas seriously. It's really hard to get info from them.

    I suggest you document when this individual approaches you. I suggest you make a complaint to the police that this person made knowingly false accusations about you. The cops won't do jack about it, so then you have to complain to the CCC, that they failed to investigate your complaint (they didn't do anything about someone making false allegations about you).

    Then any cop who gets a complaint from your problem person sees there is a history of false allegations, and that there will be repercussions if they blindly act on flimsy evidence.

    I hope this helps

    Regards
     
  9. Justamum

    Justamum Active Member

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    Ok, yes, the "evidence" was made up of lies. They had one detail correct. The rest was utter fabrication. All of it. This individual and I don't have a personal problem with each other. That's why I know, too, that he is telling the truth, he's been made to this. That's why he stands next to me at work functions. It's too crazy for words.

    Ok, thank you so much for your help. I'm more convinced than ever that they are investigating something with the ex, and I've been played.

    I think I'll pay a visit myself to the police and file a complaint at least, for later reference if nothing else! As it's been horrendous, as you can imagine. Cheers, you've been a good source of info and acknowledgement.

    Thanks so much for your time.
     
  10. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi justamum,

    Yeah, QPS court briefs are a joke. I got charged and had the charge dropped before hearing. They dragged mine out, so I got the full brief, much easier to complain about the quality of policing.

    The QP9 was full of lies, which the arresting officer had cut and pasted from a witness statement without any checking anything.

    Use a highlighter to colour green statements the are correct, and yellow ones that are incorrect. It makes for a very clear summary of the quality of policing.

    Regards
     

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