I am the victim of an assault but have somehow been charged with assault.
For reasons I can explain if necessary, I will probably have to represent myself in court.
I would like to subpoena people to testify, including police officers. I would also like to subpoena all 000 calls made from my home and the actual offender’s home (or any phone he has) to present as evidence.
Do I have the right to do this?
If yes, what is process?
I’d like to start mounting my defence ASAP.
Thanks!
I am the victim of an assault but have somehow been charged with assault.
For reasons I can explain if necessary, I will probably have to represent myself in court.
I would like to subpoena people to testify, including police officers. I would also like to subpoena all 000 calls made from my home and the actual offender’s home (or any phone he has) to present as evidence.
Do I have the right to do this?
If yes, what is process?
I’d like to start mounting my defence ASAP.
Thanks!
Not a lawyer here. I think it depends which state and which court. It is very common to be charged for a crime if you are a victim and call for police help. Expect police to lie to get a conviction.
In Qld magistrate court, the court website has court forms for a summons, which is the same as a district court subpoena. NSW is different. There website I recall says something about needing permission to summons witnesses, so it may be an application for leave to summons a witness or document. In Qld, the summons application has been totally altered so it looks like only police can summons a witness, but you can summons. If you use the police modified form, a JP might not sign it. A JP or department of justice may be able to get you a summons application form that is for use not just by police.
If you have time to wait, about a month to process, you can get the emergency call recording in nsw in a GIPA application. They are about $30. In Qld it is an IP application and can be filled in online. You need notarised ID. Call for an ambo, make the IP application to Qld Health and 000 for police make the IP request to QPS. if someone else made the call it is an rti or foi request. Police, to me, tried or did arrest me to obstruct me serving them or others summonses. Don't even think about going to court without the triple zero call because the prosecutor will definitely say it doesn't exist. They just want convictions and will do anything. Also once you try summons police or complaint about them, you'll need to get your personal data, especially flaggings and warnings about you from the police system (qprime in Qld) IP application is free in Qld. If those are retaliatory warnings inciting every officer to stalk you, you should get them removed. As you are now on bail, expect to be harassed by police constantly and allegations made of assault again. You are now prime prey for the police. IP can show you how many officers and who has looked up your private information. They can be sued for hacking your data, stalking, misfeasance or malicious prosecution if the facts fit. Your situation is very common. They want to fill up the private prisons.