Yes many people claim malicious prosecution and yes many people claim to be victims of police corruption but wait until you hear what I am currently being subjected to (every lawyer I have seen at first claims that they can gaurentee it wouldn’t be until I begin laying out the facts with supporting documentation or evidence to support. By 20 minutes into it every lawyer to see only a portion of the whole matter is left blown away and unable to assist due to the cross overs from human rights law, civil law and criminal law) I cannot find anything that comes close that has been published though can find cases which are aspects of the whole of my matters but that is all. - The following statements are based on facts that can be backed up and are not over exaggerated in any way. I will outline 1 of the matters out of the currently in excess of 20+ seperate matters of similar or more extreme severity of the clear matters of malicious prosecution I am currently being subjected to. 1x Possession of catagory H : handgun - other make unknown model unknown sawn off rifle
1x possess weapon with altered identification marks
26/12/18 - guy is at my workshed with a gun loaded that he just used to shoot up a house with kids in it. I ended up taking the gun off of him and hiding it In a secure place that only I knew where it was. After multiple violent attempts to get me to give the gun back had stopped on the morning of the 21/1/19 I told a friends uncle where gun was and told him to get rid of it to police which he did this day. Up until this point no one other than myself knew where it was and it was stored in a gutter 4 metres high in the air of a industrial size shed on a rural/residential property. Which needed a extension ladder and knowledge of its whereabouts to be able to locate it. Was charged on 26/3/19 placed on sign in conditions of 3 times a week. Received brief of evidence on 2/9/19. In brief of evidence photographs it is clearly visible - Winchester model 600 made in canida. This gun was manufactured between 1939-1979 with the years 1939-1968 not being produced with serial numbers. It’s full length at production is 1.09metres. This had the stock cut back into a pistol grip though. No length was provided and the photographs by scenes of crime had a set square that the numbers were not visible to easily tell. I worked out it was a 40cm set square . On the page it was 60mm and the rifle 138mm end to end. This calculated out to be roughly 92cm the length of the gun end to end. Catagory h firearm must be under 75cm long which it was 17cm longer something that cannot be stated it went undetected. Another photo showed a grinder mark above the location of where the 1969-1979 rifle serial numbers are located not in line with photographs of rifles made in this time frame this grinder mark I had never seen on the gun prior either. Due to a specific pattern on the stock I am able to narrow down the year of the gun to around 1960-1962 which meant it didn’t come out with serial numbers to grind off. A statement by a senior constable states I had spoken to him on the phone and admitted to removing identification marks in a attempt to conceal the gun (why would I do that for when I got the gun handed in and how could I have dont this if the gun never had numbers to begin with? The other officer that came to get the gun was the one who climbed the ladder and took photos of the gun in its location (these photos were deleted and couldn’t be provided apparently) in another statement it is said I tried to sell the gun to the guy I told to get rid of it to police and that apparently I lived in a chipboard room on the property (both false accusations) when I emailed prosecutions to request the formal length of the gun and pointed out the brand and model visible on the gun I got a response which part of it stated -
The firearm appears to be a category A weapon and not a Category H weapon handgun. The facts in the QP9 appear to be in conflict with full brief of evidence containing the statement of witnesses where the firearm is referred to as a category H weapon. I have requested that the firearm be sent to Brisbane Ballistics to be categorized by an expert. However, if you are seeking to plead guilty to this charge, we will accept that it is a category A weapon. I note that the QP9 facts that will be read at any plea of guilty refer to firearm as a .22 rimfire rifle and not a handgun.
If this matter is to be contested, I refer you to the attached section 161(3) of the Weapons Act 1990. The prosecution will elect indictment and have the matter dealt with in the District Court rather than summarily in the Magistrates Court. If you are seeking to change your plea to guilty can you please advise by return email as soon as possible.
In relation to penalty that the court may impose. I am unable to give a definitive sentence that a magistrate may impose. However, based on your criminal history and the fact that you were given a 12 month probation order for other offences on 01/02/1019it is doubtful that you will receive any custodial sentence. These offences pre-date that probation order and the Magistrate will take that into account totality principles when sentencing. It is probable that you will get a fine or probation for these offences. I can indicate that the prosecution will notbe seeking any type of custodial sentence.
When I was charged with the gun I had told them it wasn’t a shortened firearm but was tricked into thinking it was. I had already attempted to case conference before this and it was denied.
This also was stated
I have assessed your submission and we are willing to case conference the charges as follows. We are willing to accept a plea of guilty to the facts as outlined in the QP9 (Court Brief (general)) without the allegation that you tried to sell the firearm to Mr. EBBORN as follows:
You have listed some mitigating circumstances to the charges that you can advise the court on the day of hearing, however you have not provided any defence to the charges.
If this statement was ever made it can be easily discredited anyway as neither were true and would amount to potentially getting their accounts made inadmissible due to questionable credibility of witness.
When locating the gun there were bullets located in a screwbox of mine. I can confirm 100% that no bullets were ever laying around and any that were with the gun originally had been disposed of when taking the gun off of the guy who originally had it.
There is no statement from the scenes of crime forensic investigator , no report on the gun and no disclosure of fingerprints etc provided either ... photos are done dodgy in poor lighting and are to dark to be able to see fine details of the gun also.
Prosecutions were originally seeking a custodial sentence after this major error had gone “unnoticed” by at least 3 officers , 1 scenes of crime forensic investigator, brief checker and prosecutions when all someone had to do was run a tape measure over it as 17cm longer is clearly visible if you have seen a shortened firearm before and it being your job to know how to catagorize a firearm prior to laying charges.
I didn’t accept prosecutions offer and considering the hell I went through after taking the gun with numerous violent attempts to get it back and the not knowing what crimes it had been used for I will not be pleading guilty on something I did the morally right thing and more than likely saved someone from being killed or experiencing extreme acts of violence as a result of this person keeping the gun. With ballistics now being done on it I am not going to plead guilty then find out it had been used in a murder and then I am further stitched up for crap they know I didn’t do....
Note my story as a whole is possibly the worst to occur in Australia with this one being.
The most extreme being police actively assisting my ex partner who is a “valuable human source” to commit systems abuse , cover up her attempts to get me killed by refusal to prosecute , assist her To commit perjury by refusing to release documents that they must disclose of forged photographs and supporting her In so many ways it would take me half a hour to outline it . I will outline though in another question at a later date
1x possess weapon with altered identification marks
26/12/18 - guy is at my workshed with a gun loaded that he just used to shoot up a house with kids in it. I ended up taking the gun off of him and hiding it In a secure place that only I knew where it was. After multiple violent attempts to get me to give the gun back had stopped on the morning of the 21/1/19 I told a friends uncle where gun was and told him to get rid of it to police which he did this day. Up until this point no one other than myself knew where it was and it was stored in a gutter 4 metres high in the air of a industrial size shed on a rural/residential property. Which needed a extension ladder and knowledge of its whereabouts to be able to locate it. Was charged on 26/3/19 placed on sign in conditions of 3 times a week. Received brief of evidence on 2/9/19. In brief of evidence photographs it is clearly visible - Winchester model 600 made in canida. This gun was manufactured between 1939-1979 with the years 1939-1968 not being produced with serial numbers. It’s full length at production is 1.09metres. This had the stock cut back into a pistol grip though. No length was provided and the photographs by scenes of crime had a set square that the numbers were not visible to easily tell. I worked out it was a 40cm set square . On the page it was 60mm and the rifle 138mm end to end. This calculated out to be roughly 92cm the length of the gun end to end. Catagory h firearm must be under 75cm long which it was 17cm longer something that cannot be stated it went undetected. Another photo showed a grinder mark above the location of where the 1969-1979 rifle serial numbers are located not in line with photographs of rifles made in this time frame this grinder mark I had never seen on the gun prior either. Due to a specific pattern on the stock I am able to narrow down the year of the gun to around 1960-1962 which meant it didn’t come out with serial numbers to grind off. A statement by a senior constable states I had spoken to him on the phone and admitted to removing identification marks in a attempt to conceal the gun (why would I do that for when I got the gun handed in and how could I have dont this if the gun never had numbers to begin with? The other officer that came to get the gun was the one who climbed the ladder and took photos of the gun in its location (these photos were deleted and couldn’t be provided apparently) in another statement it is said I tried to sell the gun to the guy I told to get rid of it to police and that apparently I lived in a chipboard room on the property (both false accusations) when I emailed prosecutions to request the formal length of the gun and pointed out the brand and model visible on the gun I got a response which part of it stated -
The firearm appears to be a category A weapon and not a Category H weapon handgun. The facts in the QP9 appear to be in conflict with full brief of evidence containing the statement of witnesses where the firearm is referred to as a category H weapon. I have requested that the firearm be sent to Brisbane Ballistics to be categorized by an expert. However, if you are seeking to plead guilty to this charge, we will accept that it is a category A weapon. I note that the QP9 facts that will be read at any plea of guilty refer to firearm as a .22 rimfire rifle and not a handgun.
If this matter is to be contested, I refer you to the attached section 161(3) of the Weapons Act 1990. The prosecution will elect indictment and have the matter dealt with in the District Court rather than summarily in the Magistrates Court. If you are seeking to change your plea to guilty can you please advise by return email as soon as possible.
In relation to penalty that the court may impose. I am unable to give a definitive sentence that a magistrate may impose. However, based on your criminal history and the fact that you were given a 12 month probation order for other offences on 01/02/1019it is doubtful that you will receive any custodial sentence. These offences pre-date that probation order and the Magistrate will take that into account totality principles when sentencing. It is probable that you will get a fine or probation for these offences. I can indicate that the prosecution will notbe seeking any type of custodial sentence.
When I was charged with the gun I had told them it wasn’t a shortened firearm but was tricked into thinking it was. I had already attempted to case conference before this and it was denied.
This also was stated
I have assessed your submission and we are willing to case conference the charges as follows. We are willing to accept a plea of guilty to the facts as outlined in the QP9 (Court Brief (general)) without the allegation that you tried to sell the firearm to Mr. EBBORN as follows:
- Deleting the section in bold of the 6th paragraph from the facts, ‘The informant told police that the defendant was currently living in the shed and that on the 20th of January 2019, the defendant pulled the gun down and tried to sell it to the witness. The witness then told the informant who has then called police.’
You have listed some mitigating circumstances to the charges that you can advise the court on the day of hearing, however you have not provided any defence to the charges.
If this statement was ever made it can be easily discredited anyway as neither were true and would amount to potentially getting their accounts made inadmissible due to questionable credibility of witness.
When locating the gun there were bullets located in a screwbox of mine. I can confirm 100% that no bullets were ever laying around and any that were with the gun originally had been disposed of when taking the gun off of the guy who originally had it.
There is no statement from the scenes of crime forensic investigator , no report on the gun and no disclosure of fingerprints etc provided either ... photos are done dodgy in poor lighting and are to dark to be able to see fine details of the gun also.
Prosecutions were originally seeking a custodial sentence after this major error had gone “unnoticed” by at least 3 officers , 1 scenes of crime forensic investigator, brief checker and prosecutions when all someone had to do was run a tape measure over it as 17cm longer is clearly visible if you have seen a shortened firearm before and it being your job to know how to catagorize a firearm prior to laying charges.
I didn’t accept prosecutions offer and considering the hell I went through after taking the gun with numerous violent attempts to get it back and the not knowing what crimes it had been used for I will not be pleading guilty on something I did the morally right thing and more than likely saved someone from being killed or experiencing extreme acts of violence as a result of this person keeping the gun. With ballistics now being done on it I am not going to plead guilty then find out it had been used in a murder and then I am further stitched up for crap they know I didn’t do....
Note my story as a whole is possibly the worst to occur in Australia with this one being.
The most extreme being police actively assisting my ex partner who is a “valuable human source” to commit systems abuse , cover up her attempts to get me killed by refusal to prosecute , assist her To commit perjury by refusing to release documents that they must disclose of forged photographs and supporting her In so many ways it would take me half a hour to outline it . I will outline though in another question at a later date
