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VIC Wife Accused of Stalking - What to Do?

Discussion in 'Criminal Law Forum' started by Adrasteia, 27 June 2015.

  1. Adrasteia

    Adrasteia Active Member

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    My wife was falsely accused of stalking. She went to contest hearing but prior to contest hearing, the applicant wanted to withdraw on condition that costs were not asked for; the answer was no. The applicant decided to continue make further accusations of more incidents in court. Everything that came out of the mouths of the applicant and her policeman husband were lies. The magistrate gave my wife an intervention order ( restraining order) without ever looking at evidence that my wife could not have done any of the things said because she was more than 200k's away at the time.

    Appeal to the county court was made that day as the court date was fast approaching. The applicant again told the court that she wanted to withdraw, the order was struck out on the court date.

    There is of course a lot more to this but the crux is, I obtained the court transcripts because I was a witness and was out of the court room most of the time so did not hear what was said at the time. On examining the transcript it became very clear that the applicant and her husband perjured themselves on numerous occasion. The most damaging were, where they claim they saw my wife doing things that put them in fear of their safety. Fact is that on the two occasions where they claim they saw her, she was more than 200k away, multiple witnesses can testify to that including doctors and other medical staff at a clinic plus family friends. On top of this, there is a video evidence that the vehicle could not have been where they say at any of the times they gave because it was parked in our driveway and captured by CCTV which we still have.

    There is evidence of perjury, conspiracy and perversion. What can be done to remedy this?
     
  2. Ivy

    Ivy Well-Known Member

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    You need to engage a lawyer as soon as possible. They may recommend that you report this to the police or make a cross claim or to simply use this evidence to refute them in court.
     
  3. Adrasteia

    Adrasteia Active Member

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    Thanks Ivy,

    A statement has been given to police and a major criminal investigation has commenced, those that have perpetrated the crimes against my wife are in very serious trouble and the likelihood of all those involved in the conspiracy going to jail is very real.
     
  4. beanie

    beanie Well-Known Member

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    Hi Adrasteia, I'm in similar situation except that I am the one falsely accused. I am seeing a lawyer next week for more advice but was hoping you could shed some light on how you filed the statement to the police. I have never filed a report before, and I know the uniformed police who help started the investigation against me based on false statement. Do I just go to any station to file the report? Did you try and contact the police that started the investigation? Will they tell keep you updated on progress? Thanks for any insight!
     
  5. Adrasteia

    Adrasteia Active Member

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    Hi beanie, no, the police did not start the investigation in our case. I obtained conclusive evidence against the accusers and without going into details they are now in a no win situation where the ultimate outcome is jail time for them.

    In our case, I eventually made enough noise that the police had no option but to take our claims seriously as it involved some police officers, I made an appointment to see the station commander and made the statement who then (had no option) passed it up through the channels it is now being investigated (but early days)

    As far as updates are concerned, you will have to be on their toes and push them to get updates on progress, persistence is the key.

    I would like to be able to help you more but I am limited in what I can say on a public forum.

    Good luck
     
  6. beanie

    beanie Well-Known Member

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    Hi Adrasteia,

    Thank you for your reply! Actually you helped me a great deal. It's proven a number of suspicions I had in mind on the best way to proceed with my issue. I have what I consider pretty watertight evidence to demonstrate malicious intent plus false statement material to the case made under oath, though more police investigation can make it airtight. But I had a feeling unless I push this forward persistently, I would be duly ignored. And as perjury is a crime I can't pursue with a lawyer, though I had sustained very tangible damages which I can persue in civil court.

    You can understand from your wife's situation how I feel right now, the victim had become the accused and the criminals are being defended. Hopefully I can get to where you are soon - no win for other parties.
     

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