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Progress report on my private prosecution

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What a week!

After a few days in various barristers chambers, solicitors offices, trades hall and Labor Party headquarters my private prosecution brief was completed last Thursday.

On Friday I attended at the Registry of the court which will hold the preliminary hearings in this matter.

After dealing with the Registry counter staff I met with the Registrar of the Court.

He walked into our meeting with a large bulldog clip holding my file together.

He put the file on the desk, stabbed his index finger on the Defendant's name and said, "Is that who I think it is?"

He was a very pragmatic and realistic man who said words to the effect, "She's hardly gonna front up here and agree with you is she?"

He then did our prosecution what I think is a great favour.

My prosecution brief had been prepared exactly as I would have prepared it while I was a policeman - ie with statements from witnesses.

The Registrar of the court of competent jurisdiction for this matter (we have at least agreed that much!) requested that I get the witness's evidence in Affidavit format - that is as sworn evidence.

He said, "Before I issue this court attendance notice and expose (your defendant) to imprisonment (should the defendant not appear) I want Affidavits".

That means revisiting each witness to explain the difference and to get their evidence sworn in Affidavit format.

Yesterday I visited the home of a key witness only to discover he/she's in Japan until Friday.

Over the next few days (in company with a NSW based lawyer) I hope to visit a small town near Kalgoorlie, the suburbs of Perth, the WA State Archives and certain officials in a WA Government Department.

I don't propose to visit Japan but I may have to visit Malaysia with our Australian lawyer.

This is a very serious matter - the defendant faces a possible jail term.

I think the case against the defendant is very strong - as does my legal team and other advisors.

In summary I think it's been a good week of progress

  • we've confirmed (in person) the court as competent to hear this matter
  • the Registrar has given me the precise format his Court requires to receive my brief and to issue the Court Attendance Notice for service on The Defendant
  • the CDPP is less likely to take up and abandon this prosecution while sworn evidence has been filed and stamped by the Court.



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I can't do all this alone!  We have been very fortunate in having legal advisors and others help out with their time, but it's a bit much to ask a lawyer to front his own air fares to the West and elsewhere.

Michael Smith

National Australia Bank

BSB: 084855 

Acct No: 537650476

PS - I'm aware that when last I asked for your help the Paypal button wasn't working - I've posted it here in two different formats!