Anyhoos, I'll let this copy of the letter I emailed to SAPol early yesterday, Thursday 29th November 2018, do the blogging for me today...(hey, it's exactly a year since the rankly corrupt Magistrate Ian White was semi-screeching abuse at you in Court, and subpoenaing your doctor, and overturning your Medical Certificate and concluding your "bizarre trial" in your absence, etc, etc, all as part of your 'third trial' for the heinous crime of telling absolute truths on this 'ere blog, where-in the crime he's then 'Convicted' you of is in fact 'Blogging'-Ed)...hey yeah, a whole year since that absolutely corrupt bollocks, and now 7 months since the equally bizarre 3 Verdict/Judgement Hearings of February 28th, March 9th, and April 20th 2018...(my how time drags when you're having fun-Ed)...can't stop laughing mate, if only it weren't so shreckingly corruptly serious...(well indeed-Ed)...so here's the letter...oh, and just to re-iterate for the record, I have SAPol's permission to blog about this, so long as I don't use names, hence the multiple deletions...anyhoos, see y'all afters dear availees...***
To the Senior Officer
Mt Gambier Police
Station
Bay Rd
Mt Gambier SA 5290
Email:
SAPOLEnquiries@police.sa.gov.au
Re: File No:
MCMTG-15-72
SAPol v Fletcher
and
FIO File
No: MCPAR-18-4847
FIO File
No: MCPAR-18-4848
FIO File
No: MCPAR-18-4849
Dear Madam/Sir,
On Friday 2nd November 2018 two of your officers, one
being Senior Constable (***officer's name removed***), attended my home to inform me that I
have allegedly breached one of the above Final Intervention Orders.
This alleged breach
involves the partial possible identification of a person by writing
something on my blog, The Mount Gambier Independent.
I was videotaped by the
other officer for nearly 10 minutes on my doorstep, during which I
repeatedly explained that whilst I didn't blame the 2 officers
present, this entire issue stemmed from and was directly related to
the cover-up of the abuse of my 7 year old child and dozens of other
grade 2 children at St Martins Lutheran School in 2002.
We discussed the role
that SAPol, and particularly officers from Mt Gambier Police Station
have played in the ongoing St Martins Lutheran School Child Abuse
Cover-up, and how that has directly led to the “bizarre trial”
(The Border Watch) of MCMTG-15-72.
We also discussed the
likelihood that SAPol were using my laptop to access and alter my
blog, the laptop seized during the SAPol Anti-Corruption Branch raid
of my home on 8th May 2014 and still currently in the
possession of SAPol.
At one point the second
officer stopped videotaping, but our 'discussion' continued for
several more minutes, and ultimately I was not 'charged' but was told
that I would “receive a Court Summons in about 2 months”.
Sen Const (***) also
stated that I was entitled to a copy of that videotaped interview and
that I could contact him about that “in a couple of weeks”
because he was going to be on night shift and then had a week off,
and then the officers left.
Then on Monday 26th
November 2018 Officer (***) attended my home again, leaving a
calling card, to which I immediately responded, and he informed me
that he was 'supposed to do a DNA swab' on 2nd November
2018, and asked if he could immediately come to my home to deliver a
'direction to attend Mt Gambier Police Station'.
I waited outside and
shortly there-after Sen Const (***) and a different officer
attended, and I spoke to them out in the street, and during this
conversation/interview Sen Const (***) made a series of incorrect
statements about the supposed necessity for the proposed Simple
Identity Procedures, being fingerprinting and a mouth-swab DNA test.
I repeatedly questioned
the relevance and/or necessity for a DNA swab relative to the alleged
breach of the FIO by 'writing on my blog', and Sen Const (***)
repeatedly stated that he “had to” because it, the alleged
breach, was “a serious offence”.
Sen Const (***)
repeated that he “should have done this” on 2nd
November 2018, further indicating/stating that it was requisite to
the alleged offense, and also insisted that I attend Mt Gambier
Police Station at 1630hrs on Friday to undergo the 2 Simple Identity
Procedures.
Sen Const (***) was
very insistent about conducting the SIPs at 1630hrs this Friday,
repeatedly stating that he 'had to get it done' in a specific time
frame, and when I asked for more time to get legal advice about the
relevance and/or necessity for these SIPs, he refused, further
insisting that it must be at 1630hrs Friday 30th November.
He also stated that if
I wanted a copy of the videotaped interview of 2nd
November 2018 I would need to do a formal Freedom Of Information
request and pay a fee, etc, but that it wasn't really necessary
because I would get a copy when I was 'charged'.
This appeared to
contradict his statement of 2nd November 2018 that I
contact him for a copy of that videotape, and further confirmed that
I have not actually been 'charged' with anything yet
Sen Const (***) then
filled-out the remainder of a partially pre-prepared Police Officer's
Directions To Undergo A Forensic Procedure form, stating that I
needed to be provided a copy, which he didn't have, and that he would
return later with my copy, and when I returned later that afternoon,
a 'copy' was in my letterbox.
I have now received
some interim legal advice and that advice indicates that most if not
all of what Sen Const (***) stated is not correct.
Firstly, they expressed
concern and confusion about the videotaped interview, an interview
conducted without me having any legal representation present, and the
undefined nature of my being 'charged' with a breach but not actually
'charged'.
My legal advice
immediately mimicked my questions about the relevance of these
proposed SIPs to the alleged breach of writing on a blog, directing
me to the Criminal Law (Forensic Procedures) Act 2007 which itself
states that it is;
“An Act to
provide for carrying out forensic procedures to obtain evidence
relevant
to the
investigation of criminal offenses...”
My advice is exactly as
I put it to Sen Const (***), how is a DNA test and fingerprinting in
any way relevant to investigating whether or not I have written
something on electronic media?
In this context, I am
advised that SIPs are completely irrelevant and serve absolutely no
purpose in establishing guilt or otherwise relative to the alleged
breach.
Furthermore, I am
advised that it is absolutely incorrect for Sen Const (***) to state
that he “had to” conduct these proposed SIPs because the alleged
breach is considered to be a “serious offence”, because in
Division Two – Suspects procedures, 14 – Suspects procedures,
point 2, the Act clearly states that;
“A forensic
procedure may be carried out on a person under this Division if...”
I am advised that
Simple Identity Procedures are a discretionary measure, not a
requisite as repeatedly stated by Sen Const (***), and that this is
indicated/proven by use of the term “may” rather than “must”.
I am advised that SAPol
“may” decide to conduct SIPs where they are considered “relevant”
to an investigation, but that SIPs are not obligatory as stated by
Sen Const (***).
It is also my
understanding that, relative to the discretionary nature of these
SIPs, that they have to be 'ordered' by a 'senior officer'.
I am further advised
that there is apparently no 'prescribed time limit' on when any
proposed SIPs should be conducted, further contradicting Sen Const (***)'s repeated insistence that I must attend Mt Gambier Police
Station this Friday 30th November 2018 because he “has
to get it done” within an unidentified time frame.
Given that this very
brief legal advice has immediately identified these multiple glaring
contradictions, errors, and misdirections by SAPol, I request that
you, the 'senior officer' immediately provide me the relevant
information, namely;
- who was the SAPol officer who ordered that these completely irrelevant and unnecessary SIPs be conducted?
- in what context are these SIPs considered “relevant” to the alleged breach of 'blogging'?
- why was I told that these SIPs /must be done', when that is not true?
- why has Sen Const (***) made multiple erroneous/false statements?
As you are no doubt
aware, as part of SAPol's investigation related to MCMTG-15-72, I was
the sole subject of the ICAC/SAPol 'Operation Baritone', starting on
an unspecified date in “mid-February 2014”, and despite my
questions in Court, I am not aware of a conclusion date, leaving open
the possibility that 'Operation Baritone' is ongoing.
Is this the case, is
'Operation Baritone' still in place? If it has/was concluded, please
provide me that information, date, etc.
Given my extensive
history of abuse, intimidation, harassment and deceit at the hands of
SAPol, I view with extreme concern what appears to be yet another
round of groundless and potentially unlawful harassment and
intimidation, supported as it is with multiple false statements.
As you are aware, my
conflict with SAPol stems directly from the specific role that SAPol
have played in the St Martins Lutheran School Child Abuse Cover-up,
eg, failing/refusing to even interview let alone charge “textbook
grooming paedophile” teacher Glyn Dorling, then repeatedly
attacking and blaming us parents for that failure/refusal, etc.
It has also been put to
me that it is a 'standard trick' of SAPol to arrest people late on a
Friday afternoon, thus denying them any chance of getting a Court
hearing before the Monday, and thus allowing SAPol to 'lock people up
for the weekend'.
Given my definable
conflict with SAPol, Sen Const (***)'s un-nerving insistence that
these SIPs must be conducted late on a Friday afternoon cause me
great concern that this is exactly what SAPol intends to do, force me
to attend Mt Gambier Police Station, then spring some bogus 'charge'
on me, eg, try to instigate a situation where-in I can be 'arrested'
for 'resisting', and then lock me up.
Given my conflict with
SAPol re the St Martins Lutheran School Child Abuse Cover-up, I
already have grave concerns for my safety in any contacts with SAPol,
and I am deeply concerned about being 'ordered' to attend Mt Gambier
Police Station, particularly at the time 'ordered', and particularly
when this 'order' has been justified with a series of clearly false
statements from SAPol.
I repeat, given the
entirely irrelevant and unnecessary nature of these SIPs, as
justified by multiple apparently deliberate falsehoods from SAPol, I
consider this to be yet another round of outright harassment and
intimidation from SAPol, yet further retribution for my continued
attempts to bring the St Martins Lutheran School Child Abuse Cover-up
to an appropriate conclusion.
I note with concern
that this 'process' appears to exactly mimic the extraordinary
conduct of SAPol re MCMTG-15-72, where-in I was raided on 7th-8th
May 2018* and allegedly 'reported', etc, but then was not formally
charged despite my lawyer writing to SAPol Prosecutions (July-August
2014), and then my “bizarre trial” suddenly began 6 months later
(February 2015) without me being 'charged' or even Summonsed,
where-in I found out about the trial the day after it began, and then
only third-hand via a phone call where-in someone asked me about The
Border Watch article stating that I had failed to attend. (*error in original - 7th-8th May 2014, not 2018)
Despite my repeated
requests, SAPol have never explained that failure to 'charge' or
Summons me.
As I have been advised,
I will immediately be attempting to get Judicial intervention in this
transparently inappropriate misuse of these Simple Identity
Procedures.
This definably flawed
SIP process has caused huge stress for myself and my family, and I
personally believe that that is exactly what it is about, harassment
and abuse and intimidation.
Given the identified
falsehoods/errors in the process thus far, I request that you as
'senior officer' immediately withdraw the falsely justified Police
Officer's Direction To Undergo A Forensic Procedure, particularly
pending the outcome of the Judicial review.
This letter has been
emailed to you at 0830hrs on Thursday 29th November 2018,
and I request that you respond immediately to notify me that you have
acted to cancel or postpone the Police Officer's Direction pending
that Judicial review, and that I am therefore not 'ordered'/required
to attend tomorrow to undergo those potentially 'unlawful'
procedures.
Yours, Nick Fletcher
I put it to Sen Const (***) that "I trusted you", and that literally everything he had told me had proven to be incorrect, and I put it to his partner, "don't video me"...(did they?-Ed)...dunno', whatevs, as far as I'm concerned, they're just trying to get me to react and/or say something they can use against me, and that this continues to be about harassment and intimidation...(well, cops at your house 4 times in 4 days, it does start to look rather suss, even if 3 of those were in one day-Ed)...and as Sen Const (***) stated yesterday, "your neighbour's having a bit of a sticky-beak"...
Sen Const (***) advised me to contact the Legal Services Commission, and I told him I already had, amongst other 'advisors', which was where I had learned the above info about the 'Evidence Act' and the issues of 'Relevance' and 'Discretionary vs Obligatory', etc...(and hang on, weren't you told, as identified above, that there was a critical time frame in which this 'Forensic Testing' had to be done, hence it had to be Friday?-Ed)...yep...(and now it's been moved to Thursday next week?-Ed)...sure, and I've also been told by SAPOl that there's no 'Appeal' to a 'Officer's Direction', but there apparently is, potentially via the Supreme Court...(but we don't have a Supreme Court Registry in Mt Gambier, and how can you afford that anyway?-Ed)...2 excellent points Ed, and yet again the LSC stated to me 'it's a pity we don't have an office in Mt Gambier because it would be a lot easier for us and better for you if we could just sit down and look at the documents, discuss it together, etc'...it ain't the first time they've said that to me over the journey, and a clear indication that Mt Gambier residents have their 'Legal Rights' grossly compromised by a gross lack of fundamental services...
And here is a fundamental reality, even once you get past the unpleasant truth that if you ain't got money you ain't got a hope in the SA Court system, that having money buys you a far superior, a far more 'Just Legal Experience', the broader reality on multiple fronts, is that Mt Gambier/South East residents get a massively inferior 'Legal Experience' because of the lack of basic legal services...we have one 'Community Legal Service' lawyer for the entire South East, and no LSC office...(yeah, you said, no LSC office?-Ed)...nope...(but there's one in Pt Augusta-Ed)...bully for them...(and even one just down the road aways from that in Whyalla-Ed)...yep...(but the nearest one to Mt Gambier is, hang on, just checkin' the LSC website...what?! it's 410kms away in Mount Barker, effectively a Southern suburb of Adelaide!-Ed)...yep...(but isn't Mt Gambier SA's largest regional centre, servicing the South East region of 100's of square kms and 60,000-80,000 people?-Ed)...apparently...(and we get one 'CLS' lawyer and not even a LSC office?-Ed)...yep...(that's bloody outrageous, does local Member, Independent Troy Bell know this?-Ed)...well if he doesn't he's gunna', real soon like...
Anyhoos, Sen Const (***) read-out and then handed to me the new 'Officer's Direction' but ultimately failed to answer any of the questions posed in the above letter, repeatedly referring me to a LSC info sheet he'd also handed me...they were leaving when I said to him, 'I apologise if I'm wrong about these errors/deceits, but everything you've told me has proven to be incorrect'...(are you alluding to the possibility that he does think he's telling the truth in a context where he's being sent to do other's dirty work, and is highly likely being deceived and manipulated by those who send him?-Ed)...exactly, and that's entirely for him and his colleagues to ascertain and deal with, because the experience for me is one of absolute harassment and intimidation, regardless of who does it and how and why...
Tomorrow: More SA ICAC Farce
Just heard a hilarious report about the impending Australia vs India cricket Test at Adelaide Oval, and the inconvenience of coinciding rail line maintenance, which reportedly will be addressed thusly, "...substitute buses will be running between Australia and India..."...(no wonder they can't afford the tram line extensions-Ed)...well quite...
I am Nick Fletcher and this is my blog, cheers and laters...oh, and PS, one more time, I have asked if I'm allowed to 'blog' about these SAPol interactions, and I was told 'yes, just don't use my/our names'...
PPS:...make that 5 times in 5 days...(again?-Ed)...yep, wrote this early today, then at noon today 2 completely different officers bangin' on my door, and they've got a letter for me from Supt Moyle, senior officer for Mt Gambier...(so it's all sorted then?-Ed)...well, not quite, I'll let Supt Moyle explain with the second line of his letter...
"I intend to only respond in regard to the direction you were given to attend the Mount
Gambier Police Station to undergo a simple identity forensic procedure."
...(wow, not a word about your specific repeated referrals/accusations about SAPol's intimately complicit role in the St Martins Lutheran School Child Abuse Cover-up-Ed)...you almost sound surprised, mate...anyhoos, more about this laters, so until then, again, cheers and laters...
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