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a day of great shame

today is day of great shame for our police-controlled judicial system!

today is a day were legal fraud has been blatantly put on show in its most arrogant form!

today four nsw police were exonerated of the police-initiated death of the brazilian student, roberto laudisio curti!

the members of isja with honest grief apologise to the family of roberto for the complete and utter lack of justice in this country.

a member of the nsw judiciary after listening to a brief of evidence that was carefully structured by other nsw police, and then that very questionable evidence being used to legally protest any brutality and malfeasance by the original 10 police officers who were highlighted as being seriously involved in the pursuit and the compliance actions taken by them, collectively and individually, against roberto found no evidence to commit any police officer.

at each court appearance the numbers involved were lessened by legal manouveurs during many consultations where both legal teams would meet to argue the personal strength of their points of law. slowly the numbers dropped to only four. six nsw police officers had been squeezed out of the responsibility for the death of roberto. this is what occurs when police are legally allowed to dominate the court system. make no mistake, the police association defends their members with every trick in the book.

the four faced a magistrate today and had isja known we would have been there to witness this terribly unjust decision.

the magistrate acquitted three of those officers who tortured roberto with their multiple taser shots as not guilty of assault on roberto. this is senseless in its totality. the coroner, ms. mary jeram, found a case of extreme overuse of the tasering of roberto but another magistrate begs to differ. ms. jeram sends the case to the police integrity commission who also finds that the police involved, all 10 of them, have a case to answer. but the magistrate begs to differ. unbelievable! there just is no justice here. none.

we all well know, or at least have some idea of, the fragility of hard evidence by well-versed and competent legals on both the prosecution and defence teams. evidence that to a common man seems perfectly reasonable becomes but a ball to be bounced to what ever point each side of their particular objectives is aiming for whereby even truth, especially truth, becomes a matter of relevancy to the particular argument being put.

so those three police will be free to go and continue their careers wherever that may lead them.

the fourth officer was found guilty of assault on roberto because he used up to three cans of capsicum spray on him. 1 cop found guilty of common assault against a young disoriented and frightened youth who was attempting to evade capture by the police. how dare he! full compliance to police instructions must be obeyed at all times or you pay the price of your non-compliance. that is the rule that all of us must be cognisant of when our paths cross theirs.

the sting in the tail, the absolute kick in the guts, not only for the curti family but for all of us seeking to humanise our police forces was the abject legal cowardice to then make a correct charge and sentence of gaol time but he was to provide to this bullyman a good behaivour bond. you can get that for jay-walking or a first charge of a petty crime. roberto died at the involvement of this officer by his recognised overuse of capsicum spray. not only recognised but proven to be so.

for those who may not understand what effect this spray has let me inform you. the first rule to accept is that if it was questionable as to its effects the cops would be using something else to take its place. sprayed at a short distance directly into one’s face there are immediately two effects. the first is a very painful burning of the eyes and despite closing your eyelids it still gets in. the second effect and much more dangerous with multiple use of the spray is that it very much affects your breathing so you begin to asphixiate. you lose breath. the smell is also pungently effective so you are being attacked at various levels by this noxious spray. imagine then what the effect of up to three cans of this odious spray would be. i believe it could be likened to being water-boarded.

add to this trauma however the fact that you are being tasered and stun-driven as well. to be the victim of a stun-drive the taser is placed against your body and the taser operated sending violent spasm throughout your body. collectively with the spray the effects would be obvious. but not satisfied that these compliance tools were working properly, a female officer reported that roberto “had half a ton of copper on him and he is still struggling.”

the police excuse that they continue to attempt to subdue victims who somehow obtain super-human strength must surely be wearing thin by now even for judicial officers. half a ton of cop, multiple taserings and three cans of pepper-spray? i defy any one to overcome that level of police brutality.

the most venal injustice to the family however must be the last words of the magistrate that there would be no conviction recorded against even this officer. none. all nsw police again exonerated of their killings. as in the case of s/s chris hurly, the qld. cop who knee-dropped on to mulrunji doomadgee on palm island in 2004, who an all white jury found him not guilty as he was, it is reported, “only doing his job.”

the message to all of australia’s police forces is that you have the legal right to kill. you will have an assurred immunity and impunity from any and all of your actions. even unto death. bullymen indeed! but we plead that these legal gymnastics must not be allowed to dishearten those coroners and other judicial officers who are sick of police lies, fabricated briefs of evidence and manipulation of evidence not to disengage their legal training and conscience from these affairs. you must remain of sound and moral mind and process those who believe themselves to be above the law to be sent to face the full justice of their criminal actions.

today i am shamed to the core at the miserable and unjust outcome on the torture and murder of roberto by not only the 10 officers involved but at a corruption of justice that strongly reminds one of the old rum corps troopers who evolved into the constabulary of this country. they could do no wrong then, they can do no wrong now. of a judicial system that will tie itself into the most convoluted knots in their exoneration of the bullyman. and finally of all the governments of australia that allow such wrongful outcomes to occur. at the very least roberto should have been given the right of white law and not the colonial law used against we aborigines and torres strait islanders.

the outcome would have been the same but the process and the truth would not have been so arrogantly dismissed, so cruelly illogical, so morally wrong.

yes, today i am much shamed and i offer my, and the isja members, great sorrow at what has come to pass and i hope with all my craving for real justice against police murders that the family of roberto appeals this rotten decision all the way to the high court of australia until real justice is found.

roberto is indeed most worthy of that search for a justice we can all be proud of. except for the police and those who continue to protect them. see article below with the four names of the traumatised officers.

fkj

ray jackson
president
indigenous social justice association

prix des droits de l’homme de la republique fraincaise 2013
(french human rights medal 2013)

1303/200 pitt street, waterloo. 2017
isja01
61 2 9318 0947
0450 651 063

we live and work on the stolen lands of the gadigal people

16 Dec 2014 – 5:12pm

Officer escapes conviction over Curti assault

More than two years after Brazilian student Roberto Curti died after a violent struggle with police, a Sydney police officer has escaped conviction for his assault.
Source: AAP

16 Dec 2014 – 11:36 AM

A police officer who assaulted Brazilian student Roberto Curti during his fatal arrest in Sydney’s CBD has escaped a conviction.

It has been more than two years since Mr Curti died in the early hours of March 18, 2012, after a chase and violent struggle with police in which he was tasered, handcuffed, hit with capsicum spray and knelt on.

Following an inquest into his death and a lengthy local court hearing into the matter, Senior Constable Damian John Ralph was the only officer out of three cops to be found guilty of his assault on Tuesday.

Shortly after handing down this decision, Magistrate Claire Farnan placed him on a two-year good behaviour bond with no conviction recorded.

Ralph’s lawyer Roy Hood told the court the serving officer, who has been on restricted duties since December 2013, had been a “troubled soul” since Mr Curti’s death.

In finding Ralph guilty of assault on Tuesday, Ms Farnan said the senior constable had used at least two cans of capsicum spray on Mr Curti.

It was deployed within 15cm of the 21-year-old’s face, while he was lying stomach down and being knelt on by other officers.

“While I accept in the heat of the moment he may have thought it was appropriate … it’s obvious it was not,” she said.

But she found Ralph was a man of good character, who was unlikely to reoffend and suffered from post-traumatic stress as a result of the incident.

Ralph, along with his colleague Chin Aun Lim, were charged with Mr Curti’s assault, while fellow officers Scott James Edmondson and Daniel David Barling were charged with assault occasioning actual bodily harm.

The court heard Mr Curti became increasingly afraid after taking the drug LSD before his death.

When he stole two packets of biscuits from a convenience store, it was incorrectly reported as an armed robbery involving two men.

When Mr Curti was later spotted by police, he had no shirt and shoes on.

He was tackled twice by police on Pitt Street before being brought to the ground on the third attempt.

He died at the scene.

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