find below a copy of the letter to the dpp, for the second time, urging his office to proceed the matters of adam salter, roberto laudisio curti and the latest referral from the police integrity commission dealing with the events involving the ballina police and corey barker. the letter is self-explanatory.
our rally on friday outside his office, though small in numbers, was considered to be quite a success. we handed out many leaflets advertising the national day of action this coming saturday, 28 september. this is the 30th anniversary of the death in custody of john pat, along with another 400+ deaths in custody since january, 1980. several passers-by asked questions of why we were there and on being told affirmed their support for our protest.
the letter below was hand-delivered to his security people and a receipt given for same. we will make any reply received public when it arrives.
Lloyd Babb. SC 20 September, 2013.
Director of Public Prosecutions.
We again take this opportunity to raise some matters of great moral and legal public significance with you and your office.
The first matter relates to your reply to our previous hand-delivered letter to your office, dated 14 June, 2013 in which you make the following statement for which we seek some clarification, viz;
If you have any queries regarding the particular decision by police not to charge persons involved in the incident at Kings Cross on 21 April, 2012, these enquiries should be directed to NSW Police.
It is our understanding that after investigations are made by the police the matter is then referred to your office for a decision to be made, strictly based on the facts of the particular case in hand, as to whether the matter should go to court based on the probabilities of the evidence standing up to examination in that Court of Law. How this can be decided by your office when you basically have the evidence from one side only is a mystery to me but that appears to be the modus operandi of your office.
It is not a public secret that your office, for whatever reasons, decide on the above legal parameters that most, if not all, civil charges against errant police are not followed through to a satisfactory legal end. Your above statement intimates that the decision not to charge police is a matter for the police themselves. So not only do they do the investigations they also make decisions on the outcome of their own investigations. That does not appear to bestow confidence in the system if police are virtually judge and jury on whether these matters should go forward. Do the investigating police, when submitting heir secret investigation to your office, then also have the legal right to recommend to you that, on that evidence proffered, no charges should be agreed to?
Relative to the Kings Cross shootings and the brutal assaults on the two wounded youth, the decision not to allow those police to face court is based on a secret police investigation report that has not been given to the six families involved or made public in any form and that travesty of justice is then fully supported by your office, and the NSW Government, especially the Attorney-General, Greg Smith, and the Police Minister, Mike Gallacher, again for secret reasons that are not given to the six families involved or to the public. This is Star Chamber stuff, Lloyd.
Again, we strongly urge you to review and overturn your original decision, which we believe to be wrong in law based strictly on the facts, and to allow proper justice to be allowed for the six youth and their families. Only two of the families, those whose sons had been wounded, had very selective excerpts of the police report read to them. No copy was ever given to them. The other four families were totally ignored as far as the report was concerned.
As someone once said, Lloyd, Justice must be seen to be done.
Moving to other matters of import, by our calculations, your office now sits on three cases that each have gone through two previous levels of the judicial system, all those levels have strongly called for charges to be laid against the brutal and corrupt police involved in each individual case and yet your office is strangely, and we believe dangerously, being very quiet on what outcomes of each case will be.
The first Coronial and Police Integrity Commission recommendations to charge police in Court relates to the police killing of Adam Salter in his home. The second Coronial and Police Integrity Commission recommendations to charge police in Court refer to the torture and killing of Roberto Laudisio Curti. These two deaths in custody events have lay in your office for some time now without any hint of when you intend to make the only decision possible, and that is to proceed these two matters through a Court of Law.
The third event to be referred to your office comes via Magistrate Heilpern of Ballina, who about two years ago, found that the Ballina Police had lied on oath in Court, had assaulted Corey Barker despite falsely charging Corey with assault and had knowingly falsified evidence. Accepting that a police criminal act(s) had taken place he had no choice but to refer the matter for proper consideration by the Police Integrity Commission. After their investigation agreed with that of Magistrate Heilpern that charges needed to be laid against those Ballina police who took part in this incident, they sent their recommendations to your office for due legal process to occur.
We are of the firm belief that your office must, and needs, to give due process to these matters and allow each to be passed on to be dealt with in Court as soon as possible. Procrastinating, for whatever reason, only raises further concerns in the publics mind.
We await your reply with interest.
FOR KOORI JUSTICE
we have been advised of yet another death in custody on friday at the police watchhouse at coffs harbour. see report below. the report comes from the police media site and no information of importance is given. the unknown deceased was arrested early on friday morning and taken to the watchhouse where he died in the dock, according to the report.
we are informed that a ‘critical incident team’, also from the north coast, will now ‘investigate’ the circumstances of how the death occurred. that investigation will be overseen by the internal police professional standards command. really?
of course there are many questions to be asked beginning with why the person was not searched and then told to move on? was he ill when it was decided to arrest him? the report says the paramedics were called but it is somewhat unclear whether that was before or after the man collapsed. there are so many questions but we will not get too many answers, even after the coronial inquest because the coroner has only the police report to go on and that may be questionable in its findings. we need an independent investigative body and leave the police entirely out of the equation.
should any facts emerge we shall follow them with interest.
Critical incident investigation – Coffs Harbour
Friday, 20 September 2013 10:41:44 AM
A critical incident investigation has been launched following the death of a man after his arrest at Coffs Harbour this morning.
Police were called to Prince Street about 4:45am (Friday 20 September 2013) following reports of a male acting suspiciously.
The unidentified man was arrested at the scene and taken to Coffs Harbour Police Station where he was entered into custody.
Ambulance paramedics were called.
A short time later police noticed the man unresponsive in the holding dock. They commenced CPR. Paramedics who attended the police station conveyed him to hospital where he was pronounced deceased.
A critical incident team from the Tweed/Byron Local Area Command will now investigate all the circumstances surrounding the incident, including the actions of police.
That investigation will be overseen by the Professional Standards Command.
All information will be provided to the Coroner who will determine the cause of death and make any findings about the events leading to the mans death.
No further details are available at this time; however, police urge anyone who saw the man in Prince Street to come forward.
Anyone who can assist police should contact Crime Stoppers on 1800 333 000.
the peter clark defence fund has now reached $3 215 and for that amount we, the family and isja, are truly thankful. the coronial inquest is set for monday 14 october to friday 18 october. should there be anyone on this list who has yet to donate then now is the time to do so. details for the account are:
Account Designator: Peter Alexander Clarke Justice Fund
Account No: 333046
Branch Name: Mount Isa QLD
the fight for justice is not easy nor is it free.
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