Police drop only the Assault charge

Police drop only the Assault charge - at the end of the day, they had no evidence

The police dropped the assault charge in exchange that I plead guilty to hindering police and resist arrest. The magistrate was informed "the matter has been resolved" (by a back room deal between my barrister and the cops) and he scheduled a sentencing trial for June 24th to work out my punishment for the hinder and resist arrest charges. Just like that. It is extremely annoying because i didn't hinder police but will be found guilty of it along with resist arrest. It's a relief they have dropped the indictable assault charge which was by far the most serious.

Time to pursue them through the Office of Police Integrity (OPI)

As a result of the whole process i now have five witnesses, three totally independent witnesses and the two who were also charged. This bodes well for pursuing the complaint that has been lodged with the Office of Police Integrity against their assault of me. Both my lawyers stated they are very keen to pursue the complaint. One commented that while the trial might have, in a sense, ended today for me, it hasn't for the police who carried out the assault. We will try to at least get them sacked over this assault carried out in front of 25 witnesses. Another of the other victims that night (and apparently there was many more than I knew of) also plans to lodge a complaint with the OPI about how she was assaulted by police.

Other victims

The other two victims pleaded guilty to summary assault, in one case this was in exchange for having "guilty no conviction" recorded on his criminal record rather than risking it "with conviction" - a questionable distinction. I don't know all the details because i was prevented by law from talking too them - as they were my witnesses.

Alienation of the legal system

The entire process was extremely disempowering. i was advised from start to finish not to speak out, not to involve press, not to even email out the info i did, not to talk with the other victims, not to worry too much about anything other than my own recollection of events one year ago when I was bashed. I was given no active role what so ever and even told to take down all the posters put up along Brunswick street asking for witnesses to the events. The entire process is taken out of the hands of victims. Not to mention the fact citizens have no legal right to lay charges against police. The prosecution (i.e. police) are responsible for the laying of charges. The strongest thing we can do is lodge a complaint with the OPI, which unless you basically follow it up yourself will go nowhere.

My punishment

My criminal record is starting to get a little longer. I already had been found guilty of "criminal trespass" for the holding of a two card table stall outside on the lawns at the Magill campus of the University of South Australia during orientation week in 2006. Now the hindering police and resist arrest will be added to that. I almost feel like it would have been better just to run the case and even contest the hinder police. The legal advice was that I would be found guilty of those anyway, because they can argue virtually anything constitutes hindering police - it is such a minor charge apparently. So now i have to start gathering "respectable" character referees from society's more upstanding members who can vouch that I am of good character etc. This will keep the fines down. My barrister said if they try to give me a community service order she wants to appeal it, that we will fight for no conviction, but fines is the likely outcome.

Support in this case

The community legal centers in Melbourne seem awesome from my experience. I've been thoroughly supported in this matter by committed people. Me and Van Rudd were also looked after in relation to the separate matter of the (ridiculous) offensive behaviour fine the police issued over our Australia day anti racism protest outside the tennis centre. The cops backed off that one pretty quickly and quite a few lawyers have said they will have no chance of winning in court even if they do go ahead. Thanks everyone for your support in this - especially Caju and Nicole who took time of work to help out and stood by me through the whole thing.

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