Progress report on my private prosecution
Sunday, 30 September 2018
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.
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.
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