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NSW Taken a Video Statement While Under the Influence of Drugs

Discussion in 'Criminal Law Forum' started by Belinda Mills, 5 December 2015.

  1. Belinda Mills

    Belinda Mills Active Member

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    This video statement was taken under duress when I was under the influence of drugs, ' ice'. The police knew this. I have been battling ever since to have it withdrawn but the station where the police are from laugh at me and tell me I have no rights under Criminal Law, what's done is done, in their words even from the sergeant.

    I have tried to get legal aid advice, but I am the alleged PINOP so no one will touch me so to speak.

    Why are police telling me I am not allowed to withdraw a video statement when I told them I didn't want to give any statement firstly, and secondly I was under the influence of drugs and hadn't slept for nearly two days?

    This was not domestic violence and they put a full avo on as well.

    Please, please help me?
     
  2. JS79

    JS79 Well-Known Member

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    Your best chance is to engage a criminal lawyer asap. They can argue that the evidence that the police obtained was provided under duress and may be able to have the evidence deemed inadmissible.

    See Get Connected with the Right Lawyer for You to be connected to a local criminal lawyer.
     
  3. Belinda Mills

    Belinda Mills Active Member

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    Hi, my problem is i have no money to engage a lawyer. I have no support at all with regards to this..aaarrgg so powerless without the almighty dollar.
     
  4. JS79

    JS79 Well-Known Member

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    Why are you not able to access legal aid? Are you working? Got assets?

    What crime was committed?
     
  5. Belinda Mills

    Belinda Mills Active Member

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    No, I am unemployed no assets. I feel completely stonewalled.

    Police told me I had to give only a video statement. They knew I was in borderline psychosis. I was on ice and hadn't slept in 2 days...I don't remember much about it until I had slept and I contacted them, wrote a letter and to magistrate stating above and spoke to sergeant at station who laughed at me and said he didn't care about what I had to say, it's done now..and he was more concerned his constable didn't lose her job unquote. I have been shut down everywhere I turned

    Nothing actually happened except me locking my partner out which caused her duress and became very loud. I live in housing and these people around me are unwell themselves...I have never seen the video statement nor the avo or anything else...

    I have read that I do have the right as a citizen of this country to withdraw this. Firstly, I was completely impaired and secondly, nothing occurred accept loud noise....I have been treated with intimidation, bullying, and disrespect. I have rights and this is completely corrupt, what police have done to me, and even going so far to scare me into saying "I will go to jail and treated as a hostile witness. I want truth not lies", so they get a conviction of common assault (no injuries) and my window broke as I leaned on it. They are trying to charge her with damage of property (I paid for repair) not claimed under event number
     
  6. Rod

    Rod Well-Known Member

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    Helps if we know what crime you have been charged with.

    Also, legal aid, or a local community legal centre may be able to help.

    And get yourself off drugs, you may do worse things under the influence of the drugs and may then spend a long time in jail. Maybe seek help about the drug problem at the same time. Friend of family got himself on drugs, lost his job, almost lost his girlfriend, had to move houses. Finally kick out his druggie mates, got himself clean, and girlfriend stayed, took 6 months but got his job back. It can be done.
     
  7. Belinda Mills

    Belinda Mills Active Member

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    It's not me who has been charged, it's my partner with common assault and I am addressing my drug issues.
     
  8. JS79

    JS79 Well-Known Member

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    So your partner has been charged with assaulting you? If that is true can't you ask them to withdraw the charges?
    If you cannot get legal representation simply represent yourself and let the court know you provided a video interview under duress.
     
  9. Mary W

    Mary W Well-Known Member

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    Hi Belinda

    It sounds as though the situation is that there was an incident which the Police considered domestic violence. I am not sure what you mean when you mention your partner and say it wasn't domestic violence. Do you mean she didn't actually hit you? Your partner was charged, you made a video statement, and AVO was issued. You now don't want the AVO to remain and you want the charges withdrawn. Is that correct?

    As I understand it, where domestic violence matters are concerned the Police in some areas are taking video statements on the spot from the person considered to be the victim. It is very unlikely that the Police will withdraw the charges before the Court hearing of the assault charge, which I assume has not happened yet, especially if they have already refused to do so. There are all sorts of reasons for this, including that historically, women (mostly) were thought to have withdrawn charges because their partners threatened them into it. That is one reason why the Police pursue charges and not the victim themselves.

    The purpose of going to Court is for someone independent, e.g. the Magistrate, to hear both sides of the story. You may get a chance to tell the Magistrate what you have said here e.g. that you don't want the charges to go ahead. If you are a witness/victim not the person charged then would you not normally be represented in Court. If you can sit down with someone and get some legal advice (I see Legal Aid can't assist) that might help you understand the situation better. Have you tried a legal centre?

    If you don't already know, being declared a "hostile witness" means that the prosecution can ask the magistrate for a person to be declared "hostile" and to be cross-examined. Basically, this means they would be asked questions in a different way than usual. It is not meant as a form of punishment, more as a way to try to get evidence that a person has given in a previous context but won't give or gives differently in court. I cannot say that this is what would happen in your case as each case is different.

    I know this is very stressful and difficult, but I suggest you try to calm down a little and think about what you might say to the Court.
     
  10. Anubis

    Anubis Well-Known Member

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    NSW Legal Aid provides an advocacy service for victims of violence. The process of making the statement was voluntary. The new DVEC approach is where police take a video statement in situations where emotions are still running high.

    Based on your statement, they determined that there was enough to ground a charge and a provisional or interim order will have been made.

    No, the police will not pull a charge because you said so. No, they will not pull an AVO because you say so if they have fears, especially if there were children in the house at the time of the alleged incident.

    You will be subpoenaed to give evidence at the hearing. It is a Court Order and you are required to obey. I would never encourage a person to breach a Court Order. That said, in DV matters many victims do not attend for various reason. It makes it hard for the prosecution to progress a matter if the victim does not attend. It used to be a common thing for police to be called, charges laid and then a no-show at the hearing. the AV material taken at the time is very powerful when it is played in Court.

    If your partner did strike you then perhaps there are other issues in play that require addressing.

    Sometimes, it is better for a party to cop to what has occurred; take their lumps, do counselling and move on. If it is an aberration, occasionally ss10 are available for one-off incidents. DV becomes problematic for the perpetrator when there is a history, even against other people.

    The system is rightly becoming more sensitive to it. That said, the options for the Court are increasingly limited
     

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