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Discussion in 'Criminal Law Forum' started by Dwayne Harry, 9 December 2016.
Fantastic and extremely valuable information. Thank you very much for your input.
So I went to the
DPP with my claims of
Perjury, all 32 pages of absolute factual
evidence, which I spent many hours compiling, that proves conclusively that my Wife lied in her affidavits'.
The DPP then dismissed me without even looking at the evidence because the case had already been to court on the 3rd of December.
I wasn't aware that Perjury charges had to be made during initial Court proceedings.
I'm now considering Criminal
Defamation for her lies?
Doesn't seem correct.
Criminal Code 1899 - SECT 123 Perjury does not require charges to be made during court proceedings. The false
evidence needs to be given in judicial proceedings but charges for perjury using this false evidence can be laid at any time.
Sounds like the
DPP doesn't want to take on your case. May be able to appeal the decision, or suggest this is nonfeasance on the part of the DPP and ask if they
defamation requires the DPP/police to take action. Based on your lack of success for perjury it does not bode well for you.
Civil defamation may be something you can do if she has published
false statements affecting you outside of legal papers (ie to family and friends).
Hmmm, wondering (not) just what that Civil Servant
DPP's reaction to the matter would've been like if roles were reversed & your ex went in armed with
evidence on you?
Probably a chauffeured limo to collect her & tax payer funded women's legal service lawyer & a support member from
victims of crime agency & deliver them all to the safety plan entrance of court for next immediate hearing. Sadly this seems to be yet another example of the "scourge that is Family Violence in Australia"...you know the issue the media constantly refers to as being of " epidemic proportions in this country."
For last 3.5 years, I've half agreed to those statements, but from being caught up in insanity inducing instant perceived guilt that comes with the scattergun, empty & uncorroborated allegations of a now( & usually a very recently ) ex partner, I know first hand that the slanted media reporting fuels the actions of the next link in the chain & so on & so forth that before long is now a vicious circle.
The epidemic seems to me just how much common sense & rule of law & civil rights & humanity has been so greatly knocked off from their true value & intent by this all consuming DV.
This sadly is yet another all too frequent example of "the business of DV" that this epidemic has become that the DPP , whom I imagine has spent entire career banging on about the utmost importance of natural justice/magna carta/administration of justice & rule of law etc . principles & the anarchic society that would implode upon itself if the law wasn't upheld,implemented & respect demanded for it, is "normalized" into taking no interest, no action simply due to the gender of the complainant.
Has made me even more determined to double up on my own attempts to see equality & justice be applied to what I'm involved with that I'm very near to packaging it all in readiness for seeking appointments with high ranking servant's to demand answers from, when presented with glaring examples of all that's been proven as lies by the one who demanded sympathy, favourable rulings & sanctions placed on me for having the gall to "accuse" her of such things.
Take solace from my assurance it's not to do with you personally as to why no action mate as I'm still 83 agonizing emotions from FCCA appearance few days back that saw nothing come about from my persistently reminding Judge that what got me labelled as a conflict seeking, non child focused, unhinged, hostile party more than 2 years ago when wrote to ex's lawyer seeking issue of phone calls be mediated out - at Judges recommendation that our matter ran out of time to deal with. Also politely reminded them that no one was to talk court proceedings with child & that she obviously had as was recorded by staff member at Contact Centre a couple of days back.
Categorically denied such a scandalous accusation that seemingly showed my contempt for court & due to my obvious mental & uncontrollable rage/hate she wasn't prepared to move on phone calls until couple of months after Christmas - didn't happen.
I now have
court transcripts whereby she admitted the now 2 year old issue & my urging Judge to appreciate the effect that it did & was looked at like a less than human & labelled as unhealthily fixated on this.
Will keep ya posted on SA's existing set up at DPP level?