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The famous photograph of Ray Mickleberg chasing Inspector Ray Hancock in Perth Western Australia yelling..."You framed me Inspector Hancock... I spent many years wrongly in jail because you made up evidence against me that was not true..".

Inspector Ray Hancock's wife whose says her husbands side of the story was not portrayed correctly in the film made about the Perth Mint Swindle .... which tells the story of $1 million in gold swindled from the Perth Mint and the Mickleberg Brothers Ray and Peter Mickleberg spending many years in jail having been found guilty of the Perth Mint Swindle...however were later has their conviction quashed  after  it was admitted by another police officer  that Ray Hancock made up evidence against Peter and Ray Mickleberg... the other Mickleberg brother who was an experienced air pilot mysteriously died in his own plane when the plane ran out of petrol... all rather odd....with the allegation that someone cut the fuel pip so the plane would run out of petrol in mid air...
In an exclusive interview with the Australian Weekend News (AWN) and the INL News Group investigators Western Australian Criminal Lawyer  admitted that the Western Australian police has admitted that.....
 at the time the Micklebergs were arrested that they had stolen a plaster cast of Ray Mickleberg's hand which had his finger print on... and used that to place Ray Mickleberg's finger print on the bank cheque that was forged to p[resent to the Perth Mint to con the Perth Mint to release the $1 million in gold...
This was how Inspector Ray Hancock a member of the Western Australian Police was able to frame the Micklebergs at their criminal  trial... this is what Ray Hancock's wife does not understand.... the so called evidence the Mickleberg's criminal trial was falsified...with the main piece of evidence  that convinced the jury to find the Micklebergs guilty was  was the the $1 million  forged bank cheque that was presented to the Perth Mint to con the Perth Mint to hand the $1 million in gold over to a courier...that along with a falsified confession is what sealed the Mickleberg's  conviction... however had Ray Hancock not   stolen a plaster cast of Ray Mickleberg's hand which had his finger print on... and used this to place Ray Mickleberg's finger print on the bank cheque that was forged to present to the Perth Mint to con the Perth Mint to release the $1 million in gold... then it is likely the jury would not have found the Mickleberg brothers guilty..

 
Ray Mickleberg after he spent many years wrongly in prison trying too campaign to have his wrongful conviction quashed...


Peter Mickleberg a spent many years wrongly in prison trying too campaign to have his wrongful conviction quashed... 


 Ray and Peter Mickleberg...





Perth Mint
The Perth Mint Swindle is the popular name for the robbery of 49 gold bars weighing 68 kg from the Perth Mint in Western Australia on 22 June 1982.
The bullion was valued at A$653,000 at that time (2011:$2.02 million).
According to police at the time, three brothers, Ray, Peter and Brian Mickelberg, orchestrated the robbery.
 The three went to trial and were found guilty of the conspiracy and sentenced in 1983 to twenty, sixteen and twelve years in jail respectively.
All three convictions were overturned in 2004. To date the case remains unsolved and continues to be
 fought by the Mickelbergs who maintain their innocence and allege a conspiracy by theWestern Australia Police to frame them.

The Mickelberg brothers

Soon after the robbery police investigations focused on the Mickelberg brothers. According to the police, the brothers stole cheques from a Perth building society
 and then fooled the mint into accepting those cheques in exchange for gold bullion which, it was alleged, the brothers had a courier pick up.
The gold was picked up by a security company who delivered it to an office in Perth and then to Jandakot Airport, from where it seemingly disappeared.
In a separate matter, in September 1982 the three brothers, their parents and another man Brian Pozzi were charged over a matter relating to a manufactured gold nugget known as the "Yellow Rose of Texas".[1] Perth Businessman Alan Bond had purchased the nugget for $350,000 in November 1980.
 It was later found to be worth less than $150,000 and Raymond Mickelberg and Brian Pozzi pleaded guilty to charges of conspiracy to fraud at their June 1984 trial.
After serving nine months of his jail term and having his conviction overturned on appeal, Brian was released from jail but died in a light aircraft crash on 27 February 1986
when the twin-engine plane he was flying ran out of fuel near Canning Dam on the outskirts of Perth.[2]Whilst in prison, Ray and Peter
embarked on a series of seven appeals against their convictions, essentially on the grounds that their confessions had been fabricated by police investigators.
 Ray and Peter served eight and six years of their sentences respectively before being released on parole.
In a bizarre twist, in 1989, 55 kg of gold pellets, said to have been from the swindle, were found outside the gates of TVW-7 (currently Channel Seven Perth),
 a Perth television station, with an anonymous note addressed to one of the station's reporters—Alison Fan—protesting the Mickelberg's innocence and
claiming that a prominent Perth businessman was behind the swindle.[3]
The senior investigating officer in the case was Detective Sergeant Don Hancock who was later promoted to head of the State Criminal Investigation Bureau (CIB).
 In September 2001 in an apparently unrelated issue, Hancock was murdered when a bomb which had been planted under his car exploded outside his home in Lathlain
, killing him and a friend Lou Lewis.
In 2002, midway through a State Royal Commission into police corruption, a retired police officer who had been at the centre of the case,Tony Lewandowski,
 made a confession of his involvement in fabricating evidence which was used to help frame the brothers. Lewandowski's senior officer during the investigation
was Don Hancock, who with Lewandowski, were the only persons present at the brothers' interviews following the Mickelberg arrests. Lewandowski was subsequently charged with attempting to pervert the course of justicemaking false statements, fabricating evidence and perjury.[4] In May 2004, just before facing trial Lewandowski apparently committed suicide[5] though there has been some speculation as to whether or not this may have been staged to cover his (possible) murder. Although now deceased, through Lewandowski's confession, Hancock was directly implicated in fabricating evidence in the Mickelberg case.[6]
In July 2004 the Western Australian Court of Criminal Appeal quashed the brothers' convictions after seven unsuccessful attempts. The judge ruled that with the suppression of their sentence, they were entitled to a presumption of innocence. The Assistant Police Commissioner, Mel Hay, expressed disappointment with the decision which prompted a threat of a defamation lawsuit from the brothers. The brothers subsequently sued the Western Australian government for libel, and as part of the settlement, the West Australian police issued a public apology in December 2007.[7]
After lodging claims for compensation, in January 2008 State Attorney-General Jim McGinty offered $500,000 in ex-gratia payments to each brother for the "injustice done to them".[8] The payment followed $658,672 paid to cover legal costs of their two appeals. The Mickelbergs' lawyer had asked for $950,000 in compensation for Ray and $750,000 for Peter.[9]


Books about the case

Author Avon Lovell wrote a book about the case in 1985: The Mickelberg Stitch, which alleged questionable investigation practices by the police, including production of unsigned confessions and a forged fingerprint.[10] The police union collected a levy of $1 per week from each member to fund legal action against Lovell and his publishers and distributors to suppress publication of the book.[citation needed] It was estimated that between one and two million dollars was raised. The book was banned by the State Government, but was still freely available to be read at the J S Battye Library. The ban was eventually lifted.
A second book by Lovell, Split Image, was published in 1990 and met a similar fate to the first. This ban was also lifted later.
In March 2011, Lovell launched a third book on the case, Litany of Lies.]

In popular culture

Two telemovies based on the swindle have been made.
One actor, Caroline McKenzie, appeared in both features, playing Detective Ljiljana Cvijic in the 1984 version and Peg Mickelberg in 2012.[15]

see also

  1. ^ "Mickelbergs sue policeman"ABC 7:30 Report. Retrieved 2009-11-23.
  2. ^ "Mickelberg Dies". Sydney Morning Herald. 28 February 1986. Retrieved 2009-11-23.
  3. ^ Liza Kappelle (June 11 2002). "Mint robbers were framed"Sydney Morning Herald. Retrieved May 5, 2010.
  4. ^ "Mint swindle officer seized". Sydney Morning Herald. 2002-10-03. Retrieved 2005-09-07.
  5. ^ "Mickelberg brothers find unlikely ally"ABC 7:30 Report. 18/01/2008.
  6. ^ "Don Hancock and the Perth Mint Swindle"MelbourneCrime. Archived from the original on 2005-09-03. Retrieved 2005-09-07.
  7. ^ "Police apologise to Mickelberg brothers"www.ninemsn.com.au. December 15.
  8. ^ "Mickelberg payment satisfies neither brothers nor police"thewest.com.au. 16 January 2008. Retrieved 2009-02-17.[dead link]
  9. ^ ABC News online Micklebergs cleared over Perth Mint swindle
  10. ^ "This time, the stitch is by Lovell"Post Newspapers. Retrieved 2005-09-07.[dead link]
  11. ^ IMDb, 2012, The Great Gold Swindle (1984) TV. (30 March 2012)
  12. ^ IMDb, 2012, The Great Gold Swindle (1984) TV – Release Dates. (30 March 2012)
  13. ^ "Going for gold with Perth crime saga The Great Mint Swindle"The Australian. March 03, 2012.
  14. ^ http://au.news.yahoo.com/thewest/entertainment/a/-/entertainment/13123839/the-great-mint-swindle/
  15. ^ IMDb, 2012, Caroline McKenzie (I) (30 March 2012)

Further reading

  • Lovell, Avon Francis (1985). The Mickelberg Stitch. Creative Research, Perth. ISBN 0-908469-23-3.
  • Buti, Antonio (2011). Brothers: Justice, Corruption and the Mickelbergs. Fremantle Press. ISBN 978-1-921888-47-2.
  • Lovell, Avon Frameup

Mickelberg sues hardware giant Bunnings


RAY Mickelberg, who was wrongly jailed for the 1982 Perth Mint swindle, is suing Bunnings after being acquitted of stealing a fan and a roll of tape from the hardware giant.
In the Perth District Court today, a lawyer for Bunnings applied to have Mr Mickelberg's civil action for damages struck out.
Mr Mickelberg, who is representing himself in a civil action for damages, accuses Bunnings of attempting to pervert the course of justice in pursuing the stealing charges against him.
In April last year Mr Mickelberg was acquitted in the Supreme Court of stealing a $16.80 roll of tape from Bunnings.
He had been found guilty by a Perth magistrate in August 2010 of stealing the tape from the store in the north Perth suburb of Innaloo.
Mr Mickelberg had used three strips of tape to repackage a box for a ceiling fan he had opened to inspect the item while at the Bunnings store.
He was originally charged with the theft of the $309 ceiling fan but Magistrate Giuseppe Cicchini dismissed the charge and convicted the 64-year-old only for the theft of the tape.
But in the Supreme Court, Commissioner Kevin Sleight found he had an "honest claim of right" over the tape and had intended to pay for the roll.
In the District Court today Mr Mickelberg said evidence in the case against him had been fabricated by a Bunnings employee and that had later been proved with CCTV footage.
"Bunnings have to be held responsible for the actions of their employees," he said.
Mr Mickelberg said he had been treated with contempt by Bunnings and a miscarriage of justice had occurred.
"Somewhere down the line, in a fair system, someone has to wear it."
The court's acting principal registrar told Mr Mickelberg he was troubled by the concept that perverting the course of justice could be the basis of a civil claim.
He adjourned the matter until April 10 and asked Mr Mickelberg to file a fresh statement of claim.
Mr Mickelberg spent eight years in jail after he and his brothers Peter a


Read more: http://www.news.com.au/breaking-news/mickelberg-sues-hardware-giant-bunnings/story-e6frfku0-1226265120259#ixzz208dMvB83
 
\

 Stitching up the Mickelbergs :: 19/08/2002

Perhaps Dave, but you're the ones fighting over him. Today Tonight and Vail deny that he was paid, but what we can't understand is why A Current Affair went to all that trouble to prove that Channel Seven pays grubs and liars like Vail, when we know for sure Seven paid for this:

Today Tonight: ‘It was known as the Perth Mint swindle. Three brothers were convicted of stealing more than half a million dollars worth of gold. And now, 20 years on, a crooked cop tells how he made up the evidence. In this exclusive interview Anthony Lewandowski confesses all.’
Lewandowski: ‘Believe me, hear me, I’m telling the whole truth.’
Reporter: ‘Tears of shame and remorse, from a self-confessed crooked cop.’
Today Tonight 24 June 2002

Lewandowski has confessed to fabricating the evidence that sent the Mickelberg brothers to jail for the Perth Mint swindle. The person responsible for getting that confession out of Lewie, and for selling that interview to Today Tonight, was freelance journalist Avon Lovell. Here he is telling Lewie what not to say to Channel Seven reporter Alison Fan.

Avon Lovell: ‘You don't go into Belmont, you don’t go into how the affidavit was ...a little bit how it was done. You don’t go into the truth of the affidavit. The limits are well set. 
Alison Fan: OK
Lovell: So when you say ‘I don’t want to answer that’, it doesn’t mean to say you...’
Lewandowski: ‘I’ve got nothing to hide. 
Lovell: ‘I know that. Alison’s...’
Lewandowski: ‘Avon. Hold on. Alison’s come over here to talk to me.’ 
Lovell: Yeah, but she'll go one step too far and I'm over here...
Lewandowski: She won't.
Lovell: (to sound recordist) ‘You got that running? You have? Fuck me drunk! (to Lewandowski) See that? (points to recorder)’
Lewandowski: ‘No. Hold on, I’ve got nothing to hide though.’ 
Today Tonight camera tape

Avon Lovell kept insisting that the interview must follow the rules he'd set with Seven, while Lewie kept insisting:

Lewandowski: ‘I’m speaking to Alison, there’s no problem.’
Lovell: ‘See that? He's recording everything.’
Lewandowski: ‘That’s OK. That’s OK. I’ve got nothing to hide.’
Lovell: 'You talk just about how you're feeling. All that sort of stuff. OK?'
Lewandowski: (shakes head)
Today Tonight camera tape

And that's really all Channel Seven got despite paying this rotten copper $50,000 via his agent Avon Lovell for:

‘Exclusive interviews concerning all matters relating to the so-called Perth Mint Gold Swindle.’
Seven contract

We have the WA Royal Commission into police corruption to thank for those documents and Avon Lovell deserves some credit too. After 20 years and two books on the Mickelberg story he finally got Lewandowski to confess.

But he deserves no credit for the $130,000 worth of deals he then did. First he got himself $20,000 for himself from the Perth Sunday Times:

‘The Sunday Times’
‘Contract between The Sunday Times and Avon Lovell.’
Sunday Times contract

That brought the world the revelation that Lewie was sorry.

‘My Shame’
‘Exclusive: Lewandowski’s First Interview.’
‘Crooked Mickelberg officer vows he’ll be back to tell all.’
‘Tony Lewandowski told yesterday of his shame and remorse over two decades of lies and deceit in the Mickelberg affair.’
Sunday Times 16 June 2002

One of the problems with chequebook journalism is the inducement to colour a story to get the cash. We don't know if Lewie threw a few extra eggs in the pudding here, but we do know the contract said his mate Avon Lovell wouldn't be paid in full unless:

‘The interview...is satisfactory...in quality and quantity as deemed by the editor.’
Sunday Times contract

We asked editor Brett McCarthy if he was happy with the result and he replied:

‘Pretty much. Absolutely.’
Brett McCarthy to Media Watch

And who can ask for better than that? Well, Avon Lovell asked for more, but this time from two deals with the Seven Network.

The first, for $60,000, stitches up the Mickelbergs so that for the next 18 months they can't give TV interviews to anyone but Seven, and can't do radio interviews at all.

‘Exclusivity Agreement…Between Seven Network and Ray Mickelberg…Peter Mickelberg…Peggy Mickelberg...Avon Lovell.’
Seven Network contract

So after years of trying to get everyone to listen to them, the Mickelbergs will now only talk to the electronic media for cash. And the money is all paid to their agent Avon Lovell.

But the third deal is the really rotten one. Whether or not you think the Mickelberg boys are guilty, we know detective Lewandowski is crooked because he's confessed the fact. But Seven is paying him that 50 grand again via Avon Lovell.

Apart from tears and regrets that money has bought this mawkish exchange between old adversaries.

Ray Mickelberg: (on phone)'Hello?'
Lewandowski: 'Yeah, Ray?'
Reporter: 'After 20 years of silence, a nervous Tony Lewandowski made this phone call to one of the men he framed, Ray Mickelberg.'
Lewandoswski: ‘I genuinely feel remorse for what happened.’
Mickelberg: ‘You’ve done what had to be done and at least your conscience is clear.’
Today Tonight 24 June 2002
Have a look »

Isn't television wonderful? At each end of the line was a man being paid by Channel Seven.

Chequebook journalism is usually grubby and full of conflicts of interest, but they're not often as rich as this. You see Avon Lovell is now writing a third book on the gold heist. That's what got him talking to Lewie in the first place.

The Lewandowski tapes are just a part of a huge amount of research – with other explosive revelations to follow – for Mr Lovell’s third book on the Mickelberg case, Litany of Lies.’
Sunday Times 16 June 2002

Lovell says that his main concern is Lewandowski's safety but the old notion of keeping the best for the book might explain why he hid Lewie away in Thailand, why he set those limits to the Channel Seven interview, and why he's now insisting Lewie only give evidence to the Royal Commission:

‘…in camera – (in private session).’
Sunday Times 21 July 2002

Lovell, meanwhile, refused to give any evidence himself to the Royal Commission.

Reporter: ‘Avon Lovell was defiant today. He spent most of his day at home despite being called to give evience at the Royal Commission.’
Avon Lovell: ‘How stupid a political process to put somebody like me in gaol who’s the author of a book that’s turned out after 17 years to be entirely true about corruption in the police force, who brings the evidence of corruption back in the form of affidavit and then gets supoenad to the Royal Commission as if I’m some sort of low life bloody corrupt copper. Get real!’
10 News Perth 15 July 2002

Last week, Lovell was fined $30,000 for contempt of court, given 90 days to pay and told to co-operate in the future.

Meanwhile, the Royal Commission still hasn't managed to get Lewie himself on the witness stand.

Reporter: ‘Counsel assisting the enquiry, Peter Hastings QC said Tony Lewandowski appears anxious to co-operate. But there was some basis for concern about the role Avon Lovell has adopted in not helping the commission speak to Mr Lewandowski.’
Ten News Perth 15 July 2002

Last week, Lewie the bent cop was still out of sight, still negotiating the terms of his own appearance and Lovell the freelance journo is mixed up in those negotiations too. Once, when he was asked where Lewie was, Lovell replied:

‘He's not hiding, you dirt brain, he’s in my back pocket.’
West Australian 18 July 2002
Have a look »

We hope he was joking. In any case the Royal Commission has now ordered Lewie to talk. Until next week. Good night.
  Next Story »
Back to the stories index »



Brothers: Justice, Corruption and the Mickelbergs by Antonio Buti

May 19, 2011 By admin Leave a Comment
 
3.5 stars (a good book within its genre as per Bookseller+Publisher ratings system)
Published by Fremantle Press, $32.95 tpb ISBN 9781921888472
Set against the excesses of the 1980s and populated with scandals, corrupt cops and corporate cowboys, Brothers is the saga of the notorious Perth Mint Swindle of 1982 in which more than half a million dollars’ worth of gold disappeared, and Brian, Peter and Ray Mickelberg were eventually jailed. The story follows the ensuing 25 years of courtroom battles including eight court appeals by the Mickelbergs.
The brothers claimed they had been ‘verballed’ by police, (the events took place before mandatory recording of police interviews), were convicted on circumstantial evidence, and that their statements had been fabricated.
WA author, lawyer and politician Antonio Buti, spent three years researching this intriguing case using a wide range of sources including interviews, court transcripts, and other books on the case. His ‘inside story’ of Lovell’s The Mickelberg Stitch makes a great read in itself.
Buti’s intricate rendering of the legal process, accompanied by abundant endnotes sometimes distracts from the flow of the narrative but Brothers will appeal to readers of true crime, lawyers, law students and anyone interested in our legal system.
© Paula Grunseit 2011
This review from Bookseller+Publisher magazine June 2011 was first published by Thorpe-Bowker, a division of RR Bowker LLC. © 2011, Thorpe-Bowker

The knots in the Mickelberg stitch


By Neil Mercer
June 12 2002

On July 26, 1982, Peter Mickelberg was driving to his home in the northern Perth suburbs when a car pulled across in front of him, forcing him to brake suddenly. It was the police - more specifically, detectives involved in investigating the spectacular swindling of the Perth Mint. Peter Mickelberg was bundled into the police car and taken, curiously, to Belmont Police Station.
Little more than a month earlier, three separate couriers bearing three false cheques had arrived at the mint, been admitted, and not long after driven out with 49 gold bars worth about $653,000. The gold had then been delivered by the unsuspecting couriers to an office a few kilometres away. The couriers then disappeared.
The crime caused a sensation around Australia. It had all the ingredients of a Hollywood heist - it was daring, complex, carried out with almost military precision - and no one was hurt.
The crooks had also carried it out with ridiculous ease, taking advantage of the incredibly lax security procedures at the mint, which was smack bang in the middle of the city. Leading the investigation was one of the hard men of the Perth CIB, Detective Sergeant Don Hancock, or "the grey fox" as he was known at the time.
Through circumstantial evidence, the Mickelberg brothers - Peter, Brian and Ray - had come to the attention of police. They were basically cleanskins, with Peter having been fined $50 for possessing an unlicensed firearm. 
Nevertheless, Ray Mickelberg was no soft touch - he had served in the SAS and Vietnam and once described the selection process for the Special Air Services as "a crushing of the weak". Police believed him to be the mastermind.
So it was that Don Hancock was waiting at Belmont Police Station one rainy day when Peter Mickelberg, the youngest, and whom police believed to be the most vulnerable of the brothers, arrived.
With Hancock was another officer, a more junior detective named Tony Lewandowski.
As author Avon Lovell records in his courageous 1985 book, The Mickelberg Stitch, Belmont was a curious choice of venue given there was a special operational headquarters set up in the city.
Stranger still was that by the time Peter Mickelberg arrived, all the officers stationed there had gone, except the officer in charge, and he left soon after. That officer, Bob Kucera, is now the WA Health Minister. The opposition yesterday called for him to stand down pending an inquiry.
Mickelberg was left alone with Hancock and Lewandowski. For the best part of two decades the WA Police, up to the commissioner himself, have strenuously denied Mickelberg's version of what happened next. It is central to the claims by the three brothers that they were framed for the great mint swindle.
According to Peter Mickelberg, and as recorded in Lovell's book, detective Lewandowski grabbed him by the throat and said: "This is where you die you little fucker."
When Mickelberg asked for his solicitor, Lewandowski replied: "You're on another planet, no one knows you're here. As far as they're concerned, you could be dead."
Don Hancock then entered the room and said to his colleague: "Make him strip." Naked, he was handcuffed and seated.
"It was then that Hancock punched me in the solar plexus on at least two or three times . . . I was pretty shocked. He then chopped me . . . in the throat."
Peter Mickelberg said in the 1980s, and says to this day, he never confessed at Belmont to any involvement in the swindle. Nor did he implicate his big brother Ray, who police claimed was the strong man behind the operation.
Of course, the police, Hancock and Lewandowski, had a different version - Mickelberg had confessed and made statements implicating himself and his brothers, although they were unsigned.
Given the times, it's perhaps not surprising the jury believed the police. Peter, Ray and Brian were found guilty of swindling the mint, although Brian was later acquitted on appeal after serving nine months. Ray got 20 years, Peter 16.
The courts, initially at least, accepted the police version of events without too many qualms.
In November, 1989, seven years after the robbery and a great deal of publicity, the WA Court of Criminal Appeal rejected Peter's appeal against his conviction and sentence.
The police commissioner, Brian Bull, said the decision "totally vindicates the actions of the police in their investigation into the Perth mint swindle".
Brian Mickelberg died in a helicopter crash in 1986. Ray, the Vietnam veteran, served eight years, Peter ended up doing seven. After the two brothers were released they campaigned relentlessly to convince the courts and the public they were framed, although many believe the police had good reasons for "loading them up".
In the meantime, Don Hancock went on to become head of the Perth CIB, partly on the back of his "solving" of the high-profile case.
Enter Tony Lewandowski, the former detective who was with Hancock at Belmont Police Station.
His stunning admission that he fabricated the evidence is a development the brothers would never have dreamed of.
Lewandowski now tells a version of events that fits with the one told by Peter Mickelberg, and published by Avon Lovell, way back in 1985. In an affidavit to Western Australia's Director of Public Prosecutions last week he recalled the incident at Belmont Police Station on July 26, 1982: "I said to Don Hancock that I didn't believe we had enough evidence and he said to me: 'Don't worry, it will get better.'
"(On that day), Don Hancock came into the room and told me to make Peter strip naked. Don then went up to Peter and gave him two or three quick punches in the solar plexus. The statements purportedly taken from Peter Mickelberg . . . on July 26, 1982, were in fact not taken in Peter's presence that day, but were a fabrication made by Don Hancock and myself shortly after September 2, 1982.
"I gave evidence at the trial and numerous appeals. All that evidence in relation to the (brothers') so-called confessions . . . was false."
An insight into Hancock's character and his modus operandi emerged in late 1982 in a conversation involving Hancock, Peter and Ray, just before they went to trial. Secretly recorded at Ray's house, Hancock says at one stage: "Don't ever challenge me to do something because I'll f---ing well do it, all right. You can rest assured about that."
Peter: "You're mean Don."
Hancock: "I'm not a mean person, but I'll tell you what: I've done things in my life that you never did, and harder things, worse things, and if I've got to do them again, well, I'll do them again."
Ray: "In the line of duty?"
Hancock: "That's it, yes. What I believe is my line of duty - to get the job done."
Ray: "With violence if necessary?"
Hancock: "Well, maybe not - tried everything else!"
That conversation was not tendered during the trial, although it later emerged in another matter. Don Hancock's reputation is encapsulated in that tape recording - a hard, tough cop who knew how to get things done, to get results.
Retiring as head of the Perth CIB, and having grown up in the Goldfields, he went to the hamlet of Ora Banda to run the local pub. But in October, 2000, things started to go terribly wrong. Members of the Gypsy Jokers outlaw motorcycle gang started abusing the barmaid - Hancock's daughter - and he threw them out.
Later that night, one of the bikies, William Grierson, was shot dead as he sat around a campfire and the Gypsy Jokers immediately blamed Hancock.
In September last year, he and his mate, Lou Lewis, were blown up by a car bomb. Right to the end, Hancock refused police protection.
According to Lewandowski, it was the death of his former boss that freed him to tell the truth after all these years. "When Don Hancock was alive there was no chance of me going against his wishes. A couple of times I wanted to come clean but there was no way I could go against Don."
Apparently a broken man, he added: "I have had 20 years of hell. I lost my business, I have lost my wife, I have lost my son. I have gained nothing out of this, I am now telling the truth."
"Now that Don Hancock is dead I cannot harm him . . ."
Some of the material used in this article has been drawn from Avon Lovell's The Mickelberg Stitch.


Elizabeth Hancock. Picture: The West Australian


Mickelberg movie so wrong: widow




Sean Cowan, The West Australian
Updated March 3, 2012 


The widow of slain former CIB chief Don Hancock has broken down in tears while speaking about the way her late husband has been portrayed in a new telemovie based on the Perth Mint gold swindle.
But Elizabeth Hancock yesterday received little sympathy from Peter Mickelberg, who said Mr Hancock had been corrupt to the core.
"I do feel for her, but I seriously don't care what she thinks," he said. "He (Mr Hancock) committed perjury, he fabricated evidence, he assaulted me, he deprived me of my liberty. Add up how many years you would get for all this.
"To be frank, they've gone easy on Hancock in the movie.
"We won, they lost. Game, set and match, Elizabeth."
Mrs Hancock said she had not yet seen the movie, but had been upset at the advertisements. She does not intend to watch The Great Mint Swindle when it goes to air on Channel 9 next Sunday night after four years in production.
"I just don't know what I can do," she said. "There is nobody there to help me. It's so wrong. If he was so corrupt then what was the police department doing at the time?
"I know how honest he was. I was with him for 45 years and you have only got to read some of the evidence against them (Ray and Peter Mickelberg).
"They are just so obsessed with money and getting even."
In 2003, the Court of Criminal appeal quashed the convictions against Ray and Peter for stealing $650,000 in gold bullion from the Perth Mint in 1982.
The court's decision was based on the admission by corrupt detective Tony Lewandowski that he had helped to frame the brothers and police had falsified their confessions.
They later received a $1 million ex gratia payment from the State government for the 15� years they spent in jail.
A third brother, Brian, was released from jail in 1985, but died in a plane crash a year later.
During the 95-minute movie, Mr Hancock, played by veteran actor Shane Bourne, frames the brothers for the theft and beats Peter at Belmont Police Station. He also threatens to have Mr Lewandowski's son murdered.
The narration, by the actor playing Peter, also hints that Mr Hancock may have been responsible for the swindle and that police may have been responsible for Mr Hancock's murder because he had become a liability.
Gypsy Jokers bikie Sid Reid is serving a jail term over Mr Hancock's death, which he said was payback because Mr Hancock had killed gang member Billy Grierson.
Perth producer Russell Vines said the movie had been sympathetic to the Mickelbergs, but was "co-operation, not collaboration".
He said he did not expect Mrs Hancock to be happy with the way in which her husband was portrayed, but she would probably not be happy with the public's perception of her husband, either. 

The Great Mint Swindle

The Mickelberg brothers spend their days developing new ways of making money. Their most bizarre venture? Selling a huge fake gold nugget.

Reviewer rating:

Rating: 40 out of 5 stars

Ray Mickelberg watched as Don Hancock took his final breath.

Then the director yelled cut.

Only in Perth would you happen to accidently walk onto the film set of your very own memoir.

A scene from <i>The Great Mint Swindle</i>.

A scene from The Great Mint Swindle.

Which is exactly what happened when the real Mickelberg, who just happened to be enjoying a stroll around the leafy suburb of Applecross while the cast and crew of Nine's new telemovie The Great Mint Swindle were filming the harrowing scene that is seared into the minds of most West Australians, according to producer Russell Vines.

Advertisement 

The infamous car explosion, which killed retired Detective Sergeant Don Hancock on a quiet Lathlain Street in 2001, opens the made-for-television movie.

"To understand the full story we have to go back 20 years," a voice says before we cut to the early 1980s.

The golden age of Western Australian, before the fly-in, fly-out acronym FIFO was thought up in some noughties newsroom, where Bondy was king and corruption was as widespread as bad perms, aviator sunglasses and super-charged Toranas.

"The bellies in WA were as big as the bank accounts. Greed was God," the narrator Peter Mickelberg, played by Todd Lasance, says as a faceless and shirtless rotund man (presumably Alan Bond) wanders around his palatial Western suburbs mansion.

The story is based on the three Mickelberg brothers, Ray (played by Grant Bowler) Peter and the late Brian (Josh Quong Tart) and their infamous PR stunt - a manufactured, backyard gold nugget called the Yellow Rose of Texas which they claimed to have discovered while prospecting.

All is peachy for the brothers after Bond buys the find which was made in Ray's back shed, as the soundtrack featuring Midnight Oil and The Strangeloves pepper images of beach barbecues and a loving family unit, until 62 kilograms of gold, worth an estimated $2 million today, is swindled out of the Perth Mint in 1982 when it was "leaking like a sieve."

Sergeant Hancock, played by Shane Bourne, answers the "embarrassing call from higher up than the minister" to restore the tainted image of the lawless wild west.

Like a bloodhound, Hancock and his henchman Tony Lewandowski (played by John Batchelor), pursue Ray, Peter and Brian as the prime suspects for the heist.

After being jailed in 1983 to serve sentences ranging from 12 to 20 years, the brothers begin their 22-year battle to prove their innocence.

Some brief - yet cheeky - references to Bond, WA Inc and The America's Cup are thrown in which adds some comedic relief before Ray loses his finger in a jail yard fight and Brian dies in a plane crash.

"Bond wants to buy the Yellow Rose of Texas," Ray tells his brothers.

"Who? James Bond?" Peter replies.

Brain's response to an offer to go prospecting for gold, echoes the sentiments of many Perth workers even today, "Nah, I'd rather go to Bali," he says - without the Sh** Perth People Say hashtag.

Classic moments which have been fished out of the network's archives, including Richard Carlton's 60 Minutes expose into the glaring holes in the Mickelberg's case and a rather terse interview with sergeant Hancock, are synced to perfection.

The Great Mint Swindle, with its cast of relative yet talented unknowns is what Underbelly was before Matt Newton was cast – an interesting story told by actors who invested themselves into every angle, shot and syllable of an earnest script.

The Great Mint Swindle is coming soon to Nine.



Read more: http://www.theage.com.au/entertainment/tv-and-radio/nine-forgo-sex-and-drugs-to-just-take-the-gold-20120210-1s296.html#ixzz208fdf6QX
 

 





London's United Kingdom
Legal selection system is corrupt, admit judges

Lord Chancellor's Department report condemns secret soundings

http://www.independent.co.uk/news/uk/crime/legal-selection-system-is-corrupt-admit-judges-706668.html 

   
   
  

Judges and senior lawyers admit that the system under which they are appointed is riddled with corruption and open to widespread abuse.

Judges and senior lawyers admit that the system under which they are appointed is riddled with corruption and open to widespread abuse.

In a damning report produced by the Lord Chancellor's Department, it is likened to "the old-fashioned class or caste system" by many of the judges and QCs interviewed.

The findings will deeply embarrass the Lord Chancellor, Lord Irvine of Lairg, who has repeatedly rejected calls to end the "secret soundings", whereby judges and senior lawyers are consulted on the suitability of judicial candidates.

Responses from 137 sitting judges or senior lawyers showed a "clear consensus" for the appointments processes to be "based on openness, objectivity, and selection on merit rather than patronage". It is the first detailed research to include judges.

Of the 137 respondents only 10 said no changes were needed to the system. A total of 52 were interviewed face-to-face.

One judge said: "I don't know what the criteria are for silk... maybe there is a document somewhere that I haven't seen but it seems to me that it depends on who you know, what committee you sit on rather than anything else. There doesn't seem to be a system of interview. It seems to be on general reputation and I think that is unreliable."

Many of those who responded expressed concern that the present system deterred applications from women and the ethnic minorities. Women account for 11 per cent and ethnic minorities for 1.7 per cent of all judges in England and Wales, according to figures from 1999.

A serious concern among those consulted was the domination of an "elite group of chambers" in both London and the regions from which most appointments were made.

One white barrister admitted: "I'm the wrong person to ask about the difficulties in applying for silk. I mean in these chambers usually everyone gets silk, usually the first time of asking and everyone becomes made a judge. It is a sort of 'golden road'."

The report's authors, Kate Malleson, of the London School of Economics, and Fareda Banda, of the School of Oriental and African Studies, said many respondents wanted proper recruitment of under-represented groups.

The report said: "The need for the active encouragement of good candidates and the adoption of processes which are, and can be seen to be, more open and objective were most commonly proposed as ways of improving the accessibility and fairness of the processes."

However, the authors noted that there was widespread support for efforts by the Lord Chancellor to increase the number of women and ethnic minority judges. One respondent described it as a vicious circle, saying: "Black and Asian barristers don't get the work because they are considered to be incompetent and because they don't get the work they are considered to be incompetent."

The respondents felt that there was a need for a judicial appointment commission with many favouring a broad range of membership including judges, lawyers and civil servants. The authors said that the growing concern about the unrepresentative background of the judiciary had become more acute because of the "ten-fold" increase in the size of the judiciary since the 1970s.

Last year Sir Leonard Peach produced a report on the process by which judicial and silk appointments are made, commissioned by the Lord Chancellor.


Judges and senior lawyers admit that the system under which they are appointed is riddled with corruption and open to widespread abuse.

Judges and senior lawyers admit that the system under which they are appointed is riddled with corruption and open to widespread abuse.

In a damning report produced by the Lord Chancellor's Department, it is likened to "the old-fashioned class or caste system" by many of the judges and QCs interviewed.

The findings will deeply embarrass the Lord Chancellor, Lord Irvine of Lairg, who has repeatedly rejected calls to end the "secret soundings", whereby judges and senior lawyers are consulted on the suitability of judicial candidates.

Responses from 137 sitting judges or senior lawyers showed a "clear consensus" for the appointments processes to be "based on openness, objectivity, and selection on merit rather than patronage". It is the first detailed research to include judges.

Of the 137 respondents only 10 said no changes were needed to the system. A total of 52 were interviewed face-to-face.

One judge said: "I don't know what the criteria are for silk... maybe there is a document somewhere that I haven't seen but it seems to me that it depends on who you know, what committee you sit on rather than anything else. There doesn't seem to be a system of interview. It seems to be on general reputation and I think that is unreliable."

Many of those who responded expressed concern that the present system deterred applications from women and the ethnic minorities. Women account for 11 per cent and ethnic minorities for 1.7 per cent of all judges in England and Wales, according to figures from 1999.

A serious concern among those consulted was the domination of an "elite group of chambers" in both London and the regions from which most appointments were made.

One white barrister admitted: "I'm the wrong person to ask about the difficulties in applying for silk. I mean in these chambers usually everyone gets silk, usually the first time of asking and everyone becomes made a judge. It is a sort of 'golden road'."

The report's authors, Kate Malleson, of the London School of Economics, and Fareda Banda, of the School of Oriental and African Studies, said many respondents wanted proper recruitment of under-represented groups.

The report said: "The need for the active encouragement of good candidates and the adoption of processes which are, and can be seen to be, more open and objective were most commonly proposed as ways of improving the accessibility and fairness of the processes."

However, the authors noted that there was widespread support for efforts by the Lord Chancellor to increase the number of women and ethnic minority judges. One respondent described it as a vicious circle, saying: "Black and Asian barristers don't get the work because they are considered to be incompetent and because they don't get the work they are considered to be incompetent."

The respondents felt that there was a need for a judicial appointment commission with many favouring a broad range of membership including judges, lawyers and civil servants. The authors said that the growing concern about the unrepresentative background of the judiciary had become more acute because of the "ten-fold" increase in the size of the judiciary since the 1970s.

Last year Sir Leonard Peach produced a report on the process by which judicial and silk appointments are made, commissioned by the Lord Chancellor.

The British Justice System is rotten to the core.

http://100777.com/node/125 

by Maurice Kellett

Judge not, and ye shall not be judged: condemn not, and ye shall not be condemned: forgive, and ye shall be forgiven

- Christ in Luke 6:37

Police will willingly protect corrupt judges. Corrupt solicitors and barristers abound. This is the true state of the present UK justice system. When people don’t stand up against corrupt judges and policemen that is the most dangerous part of it. They gain more confidence to carry on with yet more evil acts against innocent victims. On web site http://www.mason-rule.com there is part of the evidence to show what happens when a judicial and police victim stands up and defies their evil. These people have nothing to do with justice whatsoever. They are criminals covering under the umbrella of alleged justice. They are amongst the very reasons why terrorism exists. It will exist just so long as they exist. Under the New World Order, which is now underway, more of the worlds downtrodden will turn more to terrorism. World leaders will condemn terrorism but will continue to ignore the reasons that terrorists exist. Just so long as the general public are led by evil people the outcome will itself be evil. I don’t condone terrorism but I can say that I know one of the main reasons of why it exists. There are many hypocrites within British authority, those same hypocrites help to make sure that those with similar tendencies will always remain in the chain of authority.

In 1986 I was battered and then struck by a car that was deliberately driven at me after I had uncovered corruption at then British Coal Estates Department.. The court proceedings at Houghton-le-Spring, Tyne-Wear were illegal. The single magistrate who on sat on the matter was not qualified to act alone. There were in fact two magistrates sitting on the bench but he was a close friend of the man who had battered me and the struck me with the car he deliberately had driven at me. It would have been against court rules for him to have sat on the case in these circumstances. When I raised that matter , even though he sat on the bench, he claimed that he had stood down. Magistrates generally have a few days notice of cases coming before them so they can withdraw from the proceedings in cases such as this. The Clerk to the Justices of Houghton Magistrates Court, along with the Lord Chancellors Department were party to the cover up of those illegal proceedings. After years of trying to have the matter brought to true justice the reaction of authority has been to give me more trouble by continued corruption so rife amongst their ranks. I have recently made a claim for damages against Houghton-le-Spring Magistrates Court and demanded a full inquiry into my case and into others to see if I was the courts only victim since 1986 or whether there were others. I have also formally refused to accept the jurisdiction of that court until such Inquiry is set up. The new Clerk to the Houghton-le-Spring Magistrates Court has not replied to my Statement of Truth setting down the facts of 1986 and the years following it. I delivered that statement to the court several weeks before Christmas. I can only arrive at one conclusion. Northumbria Police have promised over the past few years to investigate the matter of the courts illegal proceedings. But that has been nothing short of a smokescreen set up while they have plotted yet further acts of corruption against me. Even the Crown Prosecution Service situated at Washington, Tyne-Wear attempted to blackmail me. The Northumbria Police Authority have failed to answer a letter I sent to them several months ago asking what Northumbria Police were doing in regard to my allegations of bent judges Durham Constabulary have also failed to act on the matter. of bent judges at the Durham County Court. There is also the matter of perjury that was used against me.

Member of Parliament Mr Fraser Kemp has known about my allegations for several years. Previously he had passed me on to former MEP Alan Donnely. Alan Donnely then informed me that what was being done to me was nothing to do with him and he would not act. Only now after a further approach to him, has MP Fraser Kemp referred my case to the RT Hon. Baroness Scotland QC Parliamentary Secretary to the Lord Chancellors Department. He has also referred my case to the Parliamentary Ombudsman. That was several weeks ago but to date nothing further has been heard from Mr Kemp.

Durham Constabulary have falsely alleged that when a judge lies it is a judicial decision and is therefore protected. That is in fact a lie. A judge who decides to lie and use fraud to arrive at his or her judgement is not protected other than by bent policemen. Such a judge is a criminal by reason of such acts.

To date the mob I mention above, for that is what they are, have cost me my thirty year marriage and the death of my father. They have also caused me other severe damage. With the assistance of bent judges operating within the North East Court Circuit they engineered my bankruptcy. It was two days later that my father collapsed and died after my alleged bankruptcy was published on the front page of the Sunderland Echo newspaper. He had been extremely upset at what was being done to me and begged me to give up my fight against our corrupt justice system because he said that ultimately it would kill me.. My conscience would never allow me to do that. It was the damages awarded by a criminal judge named onhttp://www.mason-rule.com who is still being protected by both Durham and Northumbria Police which allowed my alleged bankruptcy. The proceedings before that judge were also illegal and he used considerable fraud as a means to arrive at his judgement. He also allowed my civil law opponent the use of very material perjury. Some of the evidence of that fraud etc. is published on http://www.mason-rule.com It is known that several police forces are monitoring this website. These scum operating within the UK justice system have made my life so bad that I am no longer afraid of death so I am no longer afraid of them.

"And fear not them which kill the body, but are not able to kill the soul: but rather fear Him which is able to destroy both soul and body in hell-fire."

- Christ in Matthew 10:28

By means of their corrupt practices, they have provided me with evidence of what they are capable of doing to people such as myself. I am using that evidence. And providing it to others. I will never give up until these people are brought to trial. Prime Minister Tony Blairpromised us a fairer Britain. Britain is less fair now than I can remember in the fifty eight years of my life. We remain the laughing stock of other countries who have what can be called a credible justice system. I think it is now time for judges to be elected as in the North American system. The old boys network, often with Masonic membership or leanings, who are responsible for the employment of judges. That must be brought to a halt as soon as possible. People holding public office must be made to declare any membership of any secret society as a first step to trying to achieve something resembling a true justice system.

I can no longer rely on the police for protection. A visit to http://www.mason-rule.com will give the reason for this. I cannot rely on the courts either for justice but that has been the situation for a long time now. Bent judges don’t like being exposed. Straight judges don’t like bent judges being exposed either. My life has been threatened and a threat was also made to burn my home down unless I stopped publicising judicial and police corruption much of which has its roots in Freemasonry. Northumbria Police simply did not want to know about that. Neither did they want to know about a man who threatened that my wife, daughters and I were to be stabbed. He even repeated that threat to a Northumbria Police officer who took no action on it. When we heard evidence that the threat to burn down our home was probably real, my wife begged me to sell our home and run. I could not do that so she went and there effectively ended my thirty year marriage.

In the name of God Almighty all I ask is that the general public wake up to what is going on. My health is now such that my efforts to publicise the situation, even if I eventually get justice, will not help me much. I have concluded that what I am doing may well cost me my life but what is a life when it has been made pure pain and suffering at the hands of the corrupt justice establishment? It is a sad reflection when Tony Blair has recently been preaching at home and abroad on the matter of justice when Britain remains second only to Turkey for the abuse of human rights.

Maurice Kellett
16A The Lyons, 
Hetton-le-Hole, 
Tyne-Wear DH5 0HT.

e-mail: maurice.kellett@ntlworld.com

6:12 And I beheld when he had opened the sixth Seal (using his "Key"), and, lo, there was a great "earthquake"; and the "sun" became black as sackcloth of hair, and the "moon" became as blood; (Please see "The Four Horsemen of The Apocalypse & the Two Witnesses" Booklet for the Bible Prophecy "Code")
6:13 And "the stars of heaven" fell unto the "earth", even as the "fig tree" casteth her untimely figs, when she is shaken of a mighty wind (Ezekiel 13:13).
9:13 And the sixth angel sounded, and I heard a voice from the four horns of the golden altar which is before God,

It can´t be much more before the "earthquake", that is, a great upheaval of people...

In this context the scriptural code "sun" means The Throne of David - (Psalm 89 v 36) - which is the British Throne. The "Stone of Scone" is Jacob's Pillar and Israel's Throne of David.

and the "moon" Reflects the light of the SUN. The SUN is the British Throne and the "Commonwealth" reflects her light and power (like the moon does to the sun).

please see http://jahtruth.net/horse.htm for the complete document.


Fw: DISCRIMINATION AGAINST A BLACK JAMAICA MAN IN THE U,K

----- Forwarded Message ----
From: Stacie Banton <mssbstbess@yahoo.com>
To: yourstory@equalityhumanrights.comyourstory@equalityhumanrights.com
Sent: Friday, February 27, 2009 9:30:57 AM
Subject: DISCRIMINATION AGAINST A BLACK JAMAICA MAN IN THE U,K

To whom it may concern,my name is Stacie Banton i am writing this story to you asking you to please help us ,my brother Paul Banton lives in the UK, he was setup by his EX-Girlfriend and her daughter.these two girls plotted all sorts of allegations against him,had him arrested and sentence to 8 years in prison just for revenge,all the legal representative in Great Britain believed these girls.they did not gave Paul Banton the opportunity to defend himself,he was represented by the legal aid department,the legal aid lawyers did not defined paul banton the way they should have,they did no investigation in to these girls allegations,they had no evidence or proof against paul banton to collaborate these girls allegation.they found paul banton guilty from the very moment they arrested him know that he was a black jamaica, he was found guilty before they tried him,now paul banton is doing 8 years hard labor for something he did not do,all because of his origination and race .this girl also had custody of our nephew by lying,manipulating coning and schemeing the entire justice department, the immigration officers and most of the legal Representatives of great Britain,she was abusing our nephew until the social service found out and took him away from her,the social services report this to the cat-ford police station from November 2008 until today March 2009 nothing has been done by the police or the social workers regarding the abuse.our family is poor and we don't have much this trial has taken a great tole on us,and has cost our family a lot trying to get justice for paul banton and our nephew.please help us we need your help,now more then ever before.please do not turn your backs on us.paul banton and our nephews rights has been violated in every way possible by these girls and the legal Representatives of Great Britain,i thank you sinclery stacie banton .contact details email mssbstbess@yahoo.complease respond A,S,A,P. thank you God bless.

I am mother to 4 kids after

I am mother to 4 kids after moving districts 2yrs ago our lives have been a living hell,All I did was ask local authorities for help as I ran into problems with the house we moved into and also a reluctant negligent landlord,that was it! After being held at gun point 17 yrs ago i suffer from a nervous debility, most days have a fear of leaving the house.The landlord that thought it was acceptable to leave us for 11 months with no drainage and raw sewerage coming in to the house via up the waste pipes just so happens to be married to one of the registrers for births,deaths and marrages! health visiter ,CPN,housing support worker,msp,environmental I can now identify the stench in the air when I first drove into the town 2yrs ago and its the rotten smell of corruption.And I have saw how low they are willing to go,my youngest was 5 month old when it began the disease from 5yr old sewerage from a main drain in my kitchen easily could have killed her.Not 1 single legal requirement did this man meet he even went 1 yr renting house and wasnt registered after I requested an environmental officer to come out and even though to the naked eye this house was sellotaped together and in serious disrepair,but because she said it was tolerable we were left for another year 5 of us between 2 rooms .Then in june they did what I would call an illegal eviction with the aid of my housing support wrkr and her boss waving the threats of "for the welfare of". I started studying the housing law 4 month ago when i realised what was happening.They made it into this I only wanted me and my children a safe home.Now they are making it hard for us to move into our new home they are even refusing to refer me to any charity as we have lost almost everything we ever had.If Anyone that reads this is one of many corrupt people stop and think How can anyone say this is right there are child molesters and rapists people that are a waste of space why not concentrate on scum if you'se have to terrorise anyone.Im sure if there was a public outroar something would have to be done.There really is no one willing to help it is my childrens rights I am fighting for. I hope we all get judged at the gates who would get the last laugh the

I am mother to 4 kids after moving districts 2yrs ago our lives have been a living hell,All I did was ask local authorities for help as I ran into problems with the house we moved into and also a reluctant negligent landlord,that was it! After being held at gun point 17 yrs ago i suffer from a nervous debility, most days have a fear of leaving the house.The landlord that thought it was acceptable to leave us for 11 months with no drainage and raw sewerage coming in to the house via up the waste pipes just so happens to be married to one of the registrers for births,deaths and marrages! health visiter ,CPN,housing support worker,msp,environmental I can now identify the stench in the air when I first drove into the town 2yrs ago and its the rotten smell of corruption.And I have saw how low they are willing to go,my youngest was 5 month old when it began the disease from 5yr old sewerage from a main drain in my kitchen easily could have killed her.Not 1 single legal requirement did this man meet he even went 1 yr renting house and wasnt registered after I requested an environmental officer to come out and even though to the naked eye this house was sellotaped together and in serious disrepair,but because she said it was tolerable we were left for another year 5 of us between 2 rooms .Then in june they did what I would call an illegal eviction with the aid of my housing support wrkr and her boss waving the threats of "for the welfare of". I started studying the housing law 4 month ago when i realised what was happening.They made it into this I only wanted me and my children a safe home.Now they are making it hard for us to move into our new home they are even refusing to refer me to any charity as we have lost almost everything we ever had.If Anyone that reads this is one of many corrupt people stop and think How can anyone say this is right there are child molesters and rapists people that are a waste of space why not concentrate on scum if you'se have to terrorise anyone.Im sure if there was a public outroar something would have to be done.There really is no one willing to help it is my childrens rights I am fighting for. I hope we all get judged at the gates who would get the last laugh then! 

THE MOST CORRUPT BRITISH JUDGES TO THE LORD CHANCELLOR By Dr A Adok 
http://www.ukfathers.co.uk/THE%20MOST%20CORRUPT%20BRITISH%20JUDGES%20TO%20THE%20LORD%20CHANCELLOR%20By%20Dr%20A%20Adoko%20Barrister.htm
Welcome to UK Fathers 

http://groups.yahoo.com/group/MensIssuesOnline/message/14590 

THE MOST CORRUPT BRITISH JUDGES.

TO THE LORD CHANCELLOR

By

Dr. A Adoko
Barrister: 
(Voluntarily disbarred)
Papal Knight 
of St. Gregory the Great.

PRINTED & PUBLISHED
BY
LONDON TRUTH PUBLISHERS
DR. A ADOKO
10 SOANE HOUSE
ROLAND WAY
LONDON SE17 2JT
TEL: 0171 640 0583 

ISBN: 1 871694 05 1
CONTENT
Cover Page: 01

JUDICIAL CORRUPTION: THE START.
1. Millennium Present: 03-08

THE MOST CORRUPT LAWYERS:
2. (Chronology of Events of Racial Discrimination): 09-14
3. The Gang of Four: Rendall, Saunders, Hone & Coles: 15-22
4. Individuals Members of the Gang: 23-31
5. The Cross Examination of Mrs. Coles. 32-35
6. Lord Anthony Lester of Herne Q.C. 36-44
7. Solicitor Robin Lewis: 45-51

THE MOST CORRUPT JUDGES:
8. Chairman: Ms. E R Donnelly 53-62
9. (Chronology of Events of- Publishing Proof of Offences): 63-69
10. Chairman David Booth 70-84
11. Mr. Justice Morrison 85-91
12. Anonymous Judges 92-94
13. Mr. Justice Michael Wright: 95-98
14. His Honour Judge Mitchel : 99-105
15. Mr. Justice Potts: 106-111
16. The Legal Aid Board 112-118
17. & Mr. Justice Maurice Kay: 
18. Office for the Supervision of Solicitors. 119-134
19. Lord Chief Justice, Lord Bingham of Cornhill: 135-140

THE MOST JUST PRACTISING LAWYER:
20. Counsel Richard Clayton 141-145

THE MOST JUST JUDGES:
21. Mr. Justice Brooke: 146-147
22. His Honour Judge Altman: 148-151
23. His Honour Judge Prosser: 152-165
24. Lord Denning: 166-173
25. People, People everywhere 174-182
26. Conclusion: 183
27. Inspired Verses: 184-195 

CHAPTER 1.

MILLENNIUM PRESENT
TO THE VICTIMS 
OF JUDICIAL CORRUPTION

The content of the book sounds very much like a wild burlesque. And, I wish it were. Unfortunately, it is a sinister reality. Nor is it a unique sinister reality. It is about common place corruption, within our courts of law. And, still much more within our legal system i.e. the Law Society and the Bar of England and Wales. 

What is written here, is the tip of the iceberg. I was embarrassed, not by the paucity, but, by the abundance of the incidences of judicial abuses of power, from which I had to select, what to publish, and what to leave unpublished. It reminded me of the claim made in the Bible, that if everything that Jesus said and did were written down, the world would not be able to hold the publication! 

COMPARATIVE STUDY:
The enormity of the offences of corruption, dealt with may be brought home by comparing what our corrupt judges and lawyers have done, with what Jonathan Atkin and Oscar Wilde did. Both Jonathan Atkin and Oscar Wilde ended up in prison. The charge against them was perjury, that is, telling lies in court. Yet, many of our judges, who have committed worse offences, are still trying cases! 

THE NEED TO SPEAL OUT:
It is necessary to the commonwealth of justice, for all persons, especially those of us who are lawyers, to uphold justice without fear or favour. And we should do so, even if, by so doing, the firmament may fall upon us. In an effort to ensure that a few frogs do not pollute the source of the well of justice, this book is written. It is my millennium present to the victims, in England and Wales, of judicial abuses of power. 

It has been said that:
“No individual however ... resourceful, can bring a court into disrepute ... The conduct of the judiciary itself and not the individual or group criticising it. determines whether or not it is respected”.

Indeed, honest judges do welcome criticisms. As Lord Denning puts it:
We will never use this jurisdiction to uphold our own dignity ... Nor will we use it to suppress those who speak against us. We do not fear criticisms. Nor do we resent it. For there is something more important at stake. It is no less than the freedom of speech itself”.

There is no law, which make judges immune from the legal consequences of their false oaths. Indeed, the provision of s.4(1) of the Criminal Law Act 1968 makes it mandatory that their criminal offences should be reported to authorities. It is now the practice in England, as is seen in the case of Jonathan Atkin, and Hamilton and of other ministers, that a case alleging sleaze, in a public office, is first reported in a media of public opinion. This book, is that media of public opinion. 

In accordance with the requirement of the law, a copy of this book will be sent to the Lord Chancellor, by way of a formal complaint. It will stress the fact that the judges, whose conduct is criticised in this book, are not fit and proper persons to be judges. It will demand that a public investigation of the serious accusations of gross misconduct made against those judges. Further, it will insist that those judges be tried for the criminal offences that they have committed i.e. the course of justice, or defeating the end of justice.

THE OFFENCE OF DEFEATING JUSTICE
BY SWEARING FALSE OATH:
It does not make sense that these judges should escape scot-free from the offence, for instance, of perjury that they have committed. The more so when persons like Jonathan Atkin and Oscar Wilde are made to suffer grievously, for the offence of perjury. Indeed, the offence of perjury committed by Jonathan Atkin and Oscar Wilde, compared to the offence of perjury committed by the corrupt judges such as Lord Bingham, Mr. Justice Morrison and Judge David Booth, to name but a few, look like a grain of sand, compared to a huge balloon! 

The charges against Oscar Wilde and Jonathan Atkin were merely that they had committed breaches of a witness' oath, to tell the truth. But, these judges have committed breaches of their Oath of Loyalty to the Sovereign, as well as their Judicial Oath, plus the offence of swearing falsely, in the name of God! 

The 3 oaths, which those judges have broken, are as follows. 

First, in their Oath of Allegiance to the Sovereign, all these judges had sworn that they would:
Well and truly serve our sovereign Lady Queen Elizabeth the Second, in their various judicial offices. 

Second, in their Judicial Oath, all the judges had sworn to:
Do right to all manner of people after the laws and usage of this realm, without fear or favour, affection or ill-will. 

Third, all the judges ended the swearing of their Judicial Oath, by calling upon Providence. Each said: 
So help me God.

Yet, all of them, in the course of their duty as judges, have maliciously committed atrocious breaches of the oaths to the Sovereign, the Court and to God.

THE OFFENCE OF DEFEATING JUSTICE 
BY IGNORING ISSUES: 
The legal requirement about what a judge should and should not deal with, may be said to have had it origin in our prayer book. The prayer book commands us not to leave undone that which we ought to do, and not to do that which we ought not to do. The law requires judges to deal with the issues raised in the case before them, by giving their reasons for determining those issues, in one way, or the other. in the cases that I have brought against the Law Society, the judges invariably ignored to deal with the issues that I had raised! The reason is quite clear. If they dealt with those issues, they would have had no alternative, but to make a ruling in my favour. However, since, they had already conspired to defeat justice, they had no alternative but to avoid dealing with the issues raised by me! Their conduct, could not merely be explained in terms of judicial bias. It was the very definition of the offence of a conspiracy to defeat the end of justice!

Just as a judge would have to be insane to deny that the object of the eye, is to see and, of the ear, is to hear, so would he be insane, to deny that the object of judgement, is to determine the issues in the dispute between the parties. There can therefore, be no defence, in law or in fact, to a judgement, which ignores to deal with the issues that constitute the cause of action or the grounds of appeal. Just as no judge dares say that he believes in the self-contradiction, or in the existence of the impossible, so, no judge dares say that he believes that the purpose of pleading causes of action, or grounds of appeal, is for him to ignore them! 

Consequently, judgements which ignore causes of action, or grounds of appeal, such as the judgements of Mr. Justice Potts, Mr. Justice Morris Kay, Judge Mitchel, and Judge David Booth etc are, law and in fact, a confession by the judges concerned, that they have maliciously defeated the end of justice. And that confession constitutes grounds for prosecuting them for the criminal offence of a conspiracy to defeat the end of justice. 

According to the law, as stated by the Court of Appeal, a fully judicial body, is required by natural justice to give 

"Sufficient reasons for its decision to enable the parties to know the issue to which it addressed its mind and acted lawfully". See R v. Civil Service Appeal Board, ex parte, Cunningham [1991] 4 All E.R. 310 at 318 as per Lord Donaldson M.R.

The most corrupt judge in the country, Mr. David Booth, does not merely ignore issues in a case. He goes all the way out to conceal material evidence from assessors! His conduct is like that of the watchdog who steals the property in its trust. Or that of a father, who sexually assaults his minor daughter. He cannot be trusted. 

THE OFFENCE OF DEFEATING JUSTICE 
BY SECRET BRIEFINGS:
The offence of giving judgement on the basis, not according to evidence as required by law, but according to secret briefings sent to judges has now become prevalent! Suson Forscey-Moore, of Campaign for a Fair Hearing, discovered a written secret briefing, warning the Court of Appeal, in case number FC2 96/6193/E (LTA 96/5619) against the plaintiff, Geoffrey Harold Scriven! Mrs. Moore carried out necessary investigations, and learnt that such Secret Briefings to judges, was not an exception to the rule, but the order of the day! 

Accordingly, she wrote a strong complaint, denouncing the judicial Secret Briefings, as judicial corruption. The prejudicial Secret Briefing to the judges of the Court of Appeal, stated: 

"It will be noted that after reading the Attached Affidavit, Lord Justice Russell directed that the papers should be submitted to Her Majesty's Attorney General to consider what further action, if any, he should take in the public interest. The Court should be warned, that the present Plaintiff has made it clear in discussions with the writer on the telephone that he has completely misinterpreted the basis of the referral. The writer has not commented in response to his expression of delight that Lord Justice Russell has referred the topic of alleged perjury committed by Lords and Lady Justices of Appeal to the Attorney General for further investigations. The Plaintiff has no idea he is the subject of the referral"!

Judges being human, and human nature being what it is, Secret Briefings of the kind, warning the judges that a litigant was a dangerous person, who accused judges of perjury and corruption etc, could not fail in their object. Indeed, it did not fail in its object! Geoffrey Harold Scriven narrowly escaped criminal penalty. 

Nor indeed, did it fail in its object in the cases I brought against the Law Society! Look, for instance, at my appeal against the judgement of Chairman Donnelly! The appeal was based on very serious judicial misconduct: 
The misconduct of Judge Donnelly accepting a bribe! 
The misconduct of Judge Donnelly receiving blackmailing letter from solicitor Robin Lewis and complying with the term of the blackmail!
Yet my appeal did not succeed! Why did it fail?

The answer is, because of secret briefing! In his judgement, Mr. Justice Mummery, who determined the appeal himself, confessed, without shame, that the appeal failed on the basis of a secret briefing that he had received from the bribed and blackmailed Judge Donnelly! Up to now, I do not know the content of the secret briefing, which is the basis upon which my appeal was determined! I hope and pray that the Lord Chancellor will cause an investigation to take place and then, I will know the content of the secret briefing and give an answer to it!

In its campaign to judges, the Law Society seems to have made my accusation of their officials to appear as a violation of the Law Society franchises! Consequently, my publication of the crimes committed by the Law Society officials was treated, by the court, as the kind of conduct that the court must severely punish! I was to be compelled, by a denial of my right to practise law, to kneel before the Law Society and to apologise for publishing the offences of the Law Society officials! I was to be denied an opportunity to earn a penny of income, as a practising solicitor! 

Some of the judges who conspired to defeat the end of justice still show some conscience. For instance, Mr. Justice Morrison and Mr. Justice Potts were, at least, so ashamed of their fictitious judgements, that they did not have the courage to deliver the figments of their minds, which they called judgements, in an open court, attended by their judicial victim! In order to prevent me from attending the deliverance of his judgements, Mr. Justice Potts dared not deliver it in London! He insisted on delivering it in Leeds, in the absence of the parties! Had the courage to deliver his judgement in London, in my presence, I would have had the discourtesy to call him by the name that describes him best: 
A Wolf in Sheep's Clothing.

And had Mr. Justice Morrison had the courage to deliver his judgement in open court, in my presence, I would have called him, in his face:
"Sir, Macbeth might have murdered sleep. But you have murdered Justice".

I did, however, had the courage to tell Chairman Booth that he was who he is: 
The Most Corrupt Judge in England. And A Racist!

BIBLICAL DESCRIPTION OF INJUSTICE:
The Bible describes well, the conduct of these corrupt judges. Their conduct is not different from the conduct of bad parents. When litigants ask for bread, these corrupt judges, like bad parents, give stones. When litigants asked for fish, they give snakes! When we ask Morrison for Justice, he gives us Injustice. And when we ask Booth for Judicial Determination, he gives us Malicious Determination!

By their own conduct, they have opted out of being judges. They should be butchering cows, and weighing meat.

LEGAL MAFIA:
During the trial of the several cases that I brought against the Law Society, it became clear, why the Law Society hired Lord Lester Q.C. and Solicitor Robin Lewis to represent it! The legal practice of Lord Lester and Solicitor Robin Lewis is essentially Mafia in nature! Lester and Lewis were hired to represent the Law Society solely because of their ability to corrupt the judiciary! 

There is absolutely no question that there are some officials of the Law Society, to whom justice is fearful for its own sake. They are like former President Iddi Amin of Uganda, who, having no academic qualification, held that persons with academic qualifications, were fools fit only to be hewers of wood and drawers of water! 

These owl-like creatures of darkness, known as the Gang of Four, are:

The Law Society Director John Rendall 
Head of Department Nicholas Saunders.
Legal Adviser Anne Coles.
And Manager Mark Hone. 


A DEMIGOD:
There is nothing more natural than that those of us brought up under the English system of law should find ourselves addicted to crying ourselves up, as belonging to the best legal system in the world. I never heard a single person cry us down as being a part of a legal system, which was not the best in the world. I had taken for granted that when those addicted to such puffing, stoop to conspire against justice, they would, because of such puffing, at least commit a breach of justice, while still appearing to be doing justice. 

I was thus shocked that a number of judges in England go all the way out to publish at least where black people are concerned, that they are neither doing justice, nor pretending to do justice!

Again, there is nothing more natural that a person brought up under the English system of law, as I am, should have entertained the greatest respect and even affection towards our judges. In terms of his independence, and above all, in terms of his unshakeable impartiality as a judge, a person like Lord Denning has always been, to me, as some sort of demigod. 

THE SINS OF INJUSTICE & THE VIRTUE OF JUSTICE:
Hence, upon the heads of those corrupt judges, the sins of injustice must be heaped. And, it must be seen to be heaped. 

And upon the heads of the just judges, such as Lord Denning, Mr. Justice Brooke, His Honour Judge Altman and his Honour Judge Prosser the virtue of justice must be heaped. And it must be seen to be heaped.

Adlai Stevenson once described a free society, as a society, where it is safe to be unpopular. We should not allow our corrupt judges to succeed to describe our free society as:
A society, where it is safe for corrupt judges, to defeat the end of justice!

CHAPTER 2 CHRONOLOGY OF EVENTS IN RACIAL DISCRIMINATION CASES:

CHAPTER 3 THE GANG OF FOUR: RENDALL, SAUNDERS, HONE AND COLES

CHAPTER 4 INDIVIDUAL MEMBERS OF THE GANG OF FOUR:

CHAPTER 5 THE CROSS-EXAMINATION OF MRS. COLES

CHAPTER 6 LORD ANTHONY AS LORD CAMOUFLAGE!

CHAPTER 7 SOLICITOR ROBIN LEWIS: MASTER OF BLACKMAIL

CHAPTER 8 CHAIRMAN E R DONNELLY: JUDGEMENT BY FEAR.

CHAPTER 9 SECOND CHRONOLOGY - PUBLISHING THE CRIMINAL OFFENCES OF LESTER ETC:

CHAPTER 10 CHAIRMAN DAVID BOOTH: THE MOST CORRUPT JUDGE.

CHAPTER 11 MR. JUSTICE MORRISON: THE MURDER OF JUSTICE.

CHAPTER 12 ANONYMOUS JUDGES:

CHAPTER 13 MR. JUSTICE MICHAEL WRIGHT:

CHAPTER 14 HIS HONOUR JUDGE MITCHEL

CHAPTER 15 MR. JUSTICE POTTS.

CHAPTER 16 LEGAL AID BOARD & MR. JUSTICE MAURICE KAY:

CHAPTER 17 OFFICE FOR THE SUPERVISION OF SOLICITORS

CHAPTER 18 LORD CHIEF JUSTICE, LORD BINGHAM

CHAPTER 19 COUNSEL RICHARD CLAYTON:

CHAPTER 20 MR JUSTICE BROOKE:

CHAPTER 21 HIS HONOUR JUDGE ALTMAN:

CHAPTER 22 HIS HONOUR JUDGE pROSSER:

CHAPTER 23 LORD DENNING

CHAPTER 24 PEOPLE, PEOPLE EVERYWHERE:

CHAPTER 25 CONCLUSION


http://www.ctjnet.co.uk/dossier%20of%20corruption.htm 

Dossier of Judicial Corruption in the UK

 

Ahmed Balogun and Others

Highbury Corner Magistrates' for Ultra Vires Abuse of Judicial Powers

 

Mr. Grant outside the RCJ
Unlawfully Denied Access to the courts by a corrupt Judiciary 
read more > 

Shetreet v SHARP and Lovells / Hogan & Hartson NHS and UK Attorney General v Shetreet


http://www.independent.co.uk/news/uk/crime/draconian-judge-says-riot-sentences-were-fair-7855270.html 

'Draconian' judge says riot sentences were fair

Justice who gave teenager eight-month jail term for stealing Lucozade bottle breaks silence

   
   

The judge who sent a teenage girl to jail for eight months for stealing a bottle of Lucozade and a bag of sweets during last summer's riots has vigorously defended the tough judicial response in which two-thirds of defendants were denied bail and harsh custodial sentences were handed down to first-time offenders.

In a public interview – highly unusual for a serving judge – District Judge Tan Ikram, who sits at Camberwell Green magistrates' court, warned those who incite others using social media such as Facebook that they can expect similarly harsh sentences in future.

Mr Ikram revealed that it was the threat of "widespread public disorder" which justified the large numbers of youngsters remanded in custody for petty crimes which would have ordinarily attracted little more than a caution. "There were a large number of people being brought to court and evidence of a large number of people involved in civil disorder. The question each judge had to ask was: 'What is the risk of future offending?' In light of what was going on that was a very different question to one that might be asked in the calm of today."

Mr Ikram says there was no political pressure on judges to come down hard on the thousands of rioters and opportunistic thieves: "I can assure you, no politicians told me or any of my colleagues what to do. We applied the law."

The Home Secretary, Theresa May, was among senior ministers forced to cut short their summer holidays to return to deal with the riots, and who had promised tough action against those involved.

Dozens of first-time offenders, who were not directly involved in the rioting but were later caught stealing booty such as cigarettes and shoes, ended up in prisons already struggling with intense overcrowding.

Mr Ikram says judges got sentencing "just about right" and insisted each case had been treated fairly on its own merit despite the all-night court sessions and political outrage. The district court judges were speaking to more senior judges "on a regular" basis right from the start, he said.

In one of last summer's most controversial cases, Jordan Blackshaw, 20, was sentenced to four years in prison for inciting people to riot on Facebook even though no rioting occurred.

Mr Ikram this week told his audience in Ealing, west London, where violence and looting also spread: "It is my personal view that [in the Blackshaw case] it was the potential to reach many people through Facebook, far and wide, when there was already widespread disorder going on, and this is why the Lord Chief Justice came to the view that the sentence wasn't excessive."

He added: "The world is changing and the judiciary and society have to deal with new situations. While we can't second-guess where technology is going to, we can have general principles: encouraging widespread disorder is a serious offence and that is not new."

Mr Ikram praised the "good will" and "resilience" of judges, court staff and prosecutors. He said that they had enabled the courts to deal with dozens of rioters every day last summer.

   




NEW YORK - A small plane carrying New York Yankee Cory Lidle slammed into a 50-story skyscraper Wednesday, apparently killing the pitcher and a second person in a crash that rained flaming debris onto the sidewalks and briefly raised fears of another terrorist attack

E qual  Justice Under Law                                
READ THE FULL STORY AND WATCH 30 VIDEOS EXPOSING THE TRUTH AND ALL THE QUESTIONS THAT NEED TO BE ANSWERED
CONCERNING WHY THE WACO SEIGE HAPPENED, WHO ORDERED IT AND WHAT REALLY DID HAPPED AND WHO WAS INVOLVED
ON THE 
USAWeeklyNews.com
http://www.usaweeklynews.com/WacoSeige_HillaryClinton.php
http://www.usaweeklynews.com/WacoSeigeShockingTruth.php.
http://www.usaweeklynews.com/WacoSeigeShockingTruthP2.php
http://www.usaweeklynews.com/WacoSeigeShockingTruthP3.php

When barbarities are practiced by a government, civilized people must stand up and say STOP! lest the whole society be consumed by barbarism.   Over the cornice of the US Supreme Court these words are etched 
To fair-minded Americans, those words apply to both the Branch Davidians and their murderers.
http://www.usaweeklynews.com/WacoSeigeShockingTruthP3.php

 

 

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Ron Down Under


The MIckleberg Stich by Allan Loval 

www.smh.com.au/.../06/11/nws_creep.jpg
Running for justice ...
one of the three Mickelberg brothers, Peter, chases the then CIB chief, Don Hancock, down the street after losing an appeal in the Perth Supreme Court in February 1999. Photo: WA News


Mint robbers were framed Sydney Morning Herald By Liza Kappelle June 11 2002
A former police officer has admitted that he and another detective lied and faked evidence during the trial of the Mickelberg brothers for the Perth Mint gold swindle 20 years ago. The West Australian Attorney-General, Jim McGinty, said yesterday that Anthony Lewandowski had given an affidavit to the Director of Public Prosecutions admitting he and the former CIB chief Don Hancock, who was murdered last year, had lied and fabricated evidence to convict the Mickelbergs. Raymond, Peter and Brian Mickelberg were convicted in 1983 of swindling $650,000 worth of gold from the mint. Raymond, a former SAS soldier, was released from jail in 1991 after serving eight years of a 20-year sentence. Peter served six years of a 14-year sentence. Brian Mickelberg had his conviction overturned after nine months in jail. He died in a helicopter crash in 1986. 



Perth Mint
The Perth Mint Swindle is the popular name of a 22 June 1982 gold robbery at the Perth Mint in Perth, Western Australia. A total of 49 gold bars weighing 68 kg were stolen. The value of the gold at the time was A$653,000. Three brothers, Ray, Peter and Brian Mickelberg were sent to court and were sentenced in 1983 to twenty, sixteen and twelve years in jail respectively. The convictions against all three were eventually overturned. To date the case remains unsolved and continues to be fought by the Mickelbergs who maintain their innocence and allege a conspiracy by the police to frame them. Soon after the robbery police investigations focused on the Mickelberg brothers. According to the police, the Mickelberg brothers stole cheques from a Perth building society and then fooled the mint into accepting those cheques in exchange for gold bullion, which it was alleged, the brothers had picked up by a courier. The gold was picked up by a security company who delivered it to an office in.



The WA Court of Criminal Appeal has quashed the Mickelberg brothers' convictions.


www.abc.net.au/news/newsitems/200407/s1145443.htm

Micklebergs cleared over Perth Mint swindle

The Western Australian Court of Criminal Appeal has quashed the Mickelberg brothers' convictions over the 1982 Perth Mint swindle.

More than two decades ago, Ray and Peter Mickelberg were convicted for stealing 68 kilograms of gold from the Perth Mint.

They made seven unsuccessful attempts to have their convictions quashed.

Their eighth appeal was launched after one of the investigating officers, the late Tony Lewandowski, confessed to helping fabricate evidence against them. The pair was not in court today to hear the court's 2-1 decision in their favour.

But their lawyer, Malcolm McCusker QC has called this a great day for justice in Western Australia.

Mr Lewandowski's mother, Irene Burns, says she is elated for the Mickelbergs and is proud of her son for coming forward.

"This is the reason that he did confess, to get a good outcome, and he's done it," she said.

"The Mickelbergs have come through fine, and I'm happy for them."

Compensation

The Western Australian Government will consider making a one off ex-gratia payment to the Mickelbergs for their wrongful conviction.

The state has already paid out $600,000 towards the Mickelberg's legal costs, including $250,000 that funded today's successful appeal.

Attorney-General Jim McGinty says while the brothers are taking legal action for compensation, an ex-gratia payment is an option the Government will be looking at.

"We would give consideration to this because it is now clear from the court of criminal appeal that the Mickelbergs had the wrong thing done to them as a result of Tony Lewandowski's perjury," he said.

"That was obviously a failing on the part of the police and the law enforcement processes of this state."

Doubt

The Assistant Police Commissioner, Mel Hay, has expressed disappointment about the decision to quash the convictions against the brothers.

Mr Hay has refused to apologise to the Mickelbergs, saying there remains considerable evidence to suggest they committed the crime.

"There is an abundance of evidence to suggest and point the finger in their direction so that evidence is still there that hasn't been taken away in any way, it still exists today and one can't ignore it," he said.

Mr Hay has also defended the officer in charge of the case, the late Don Hancock.

"He was a good officer, a officer that had a great deal of pride in being an officer with the West Australian Police Service and during his time he locked up a lot of good criminals and that ought to be never be forgotten," he said.

But investigative journalist Avon Lovell who wrote a book 20 years ago that revealed that the Mickelbergs had been framed by police says today's decision is long overdue.

Mr Lovell's book, The Mickelberg Stitch, was banned for many years and he was sued by Tony Lewandowski and other detectives.

He later taped Mr Lewandowski's confession to fabricating evidence against the Mickelbergs.

Mr Lovell says their convictions should have been quashed many years ago.

"One of the lawyers says it's a great day for justice, a great victory for justice, in fact it's nothing of the kind, it's an appalling indictment on a system that failed to correct itself over 22 years," he said.



Perth Mint Swindle From Wikipedia

The Perth Mint Swindle is the popular name of a 22 June 1982 gold robbery at the Perth Mint in Perth, Western Australia. A total of 49 gold bars weighing 68 kg were stolen. The value of the gold at the time was A$653,000.

Three brothers, Ray, Peter and Brian Mickelberg were sent to court and were sentenced in 1983 to twenty, sixteen and twelve years in jail respectively. The convictions against all three were eventually overturned.

To date the case remains unsolved and continues to be fought by the Mickelbergs who maintain their innocence and allege a conspiracy by the police to frame them.

 

The Mickelberg brothers

Soon after the robbery police investigations focused on the Mickelberg brothers. According to the police, the Mickelberg brothers stole cheques from a Perth building society and then fooled the mint into accepting those cheques in exchange for gold bullion, which it was alleged, the brothers had picked up by a courier. The gold was picked up by a security company who delivered it to an office in Perth and then to Jandakot Airport, from where it seemingly disappeared.

After serving nine months of his jail term and having his conviction overturned on appeal, Brian was released from jail but died in an air crash in 1986when the twin-engine plane he was flying ran out of fuel and crashed near Mundaring Weir. Whilst in prison, Ray and Peter embarked on a series of seven appeals against their convictions, essentially on the grounds that their confessions had been fabricated. Ray and Peter served eight and six years of their sentences respectively before being released on parole.

In a bizarre twist, in 1989 55 kg of gold pellets, presumed to have been from the swindle, were found outside the gates of TVW-7 (currently Channel Seven Perth), a Perth television station, with a note addressed to one of the station's reporters, protesting the Mickelberg's innocence and claiming that a prominent Perth businessman was behind the swindle.[citation needed]

In 2002, midway through a State Royal Commission into police corruption, a retired police officer who had been at the centre of the case and who was present at the interviews with the Mickelbergs, Tony Lewandowski, made a confession of his involvement in fabricating evidence which was used to help frame the brothers. He was subsequently charged with attempting to pervert the course of justicemaking false statements, fabricating evidence andperjury. In May 2004, just before facing trial, Lewandowski committed suicide.

Lewandowski's senior officer during the investigation and the other person who had been present at the brothers' interviews was Detective Sergeant Don Hancock who later went on to become head of the State Criminal Investigation Bureau (CIB). Hancock was directly implicated in fabricating evidence by Lewandowski's confession. In September 2001 in an apparently unrelated issue, Hancock was murdered after a car bomb planted under his car exploded outside his home in Rivervale, killing him and a friend Lou Lewis.

In July 2004 the Western Australian Court of Criminal Appeal quashed the brothers' convictions after seven unsuccessful attempts. The judge ruled that with the suppression of their sentence, they were entitled to a presumption of innocence. The Assistant Police Commissioner, Mel Hay, expressed disappointment with the decision which prompted a threat of a defamation lawsuit from the brothers. The brothers subsequently sued the Western Australian government for libel, and as part of the settlement, the West Australian police issued a public apology in December 2007. [1]

After lodging claims for compensation, in January 2008 State Attorney-General Jim McGinty offered $500,000 in ex-gratia payments to each brother for the "injustice done to them".[2] The payment followed $658,672 paid to cover legal costs of their two appeals. The Mickelbergs’ lawyer had asked for $950,000 in compensation for Ray and $750,000 for Peter.

 

A book about the case

Author Avon Lovell wrote a book about the case, The Mickelberg Stitch (1985) in which he described questionable investigation practices by the Western Australian Police Force and made allegations of unsigned confessions and a forged fingerprint. The police union collected a levy of $1 per week from each member to fund legal action against Lovell and his publishers and distributors to suppress publication of the book. It was estimated that between one and two million dollars was raised.

The book was in fact banned by the State Government, but was still freely available to be read at the J S Battye Library. The ban was eventually lifted.

 

See also



 




 Ron Down Under
I wanna rant about the police here. If you all back in the US think that Australia is a peaceful and fair land, you are wrong. The police here are terrible. No better than the criminals in my oppinion.
In particular, there are two cases here in Perth that illustrate how bad it is. First, there is the case the the Perth Mint Swindle. Back in the mid 80's, someone, or some group, stole some gold from the Perth Mint. The police blamed it three brothers, the Micklebergs. The three brothers were convicted on very flimsy evidence and thrown in prison for a very long time. In the last couple of years, one of the detectives on the case decided to come clean. It turns out that he and some other detectives had fabricated all the evidence. They had beaten the Mickleberg boys at remote police stations. When they still refused to confess, they simply made the confessions up. Last week, after 20 years, the bothers finally had their convictions reversed. There is a good book about all of this. It is called "The Mickleberg Stitch". The other case concerns the other detective involved in fabricating the Mickleberg evidence. He was a senior detective named Don Hancock. After he took early retirement, he bought a bar out near Kalgoolie. A few years ago some bikers (Hell's Angel types) got into a row in his bar. He threw them out. It apparently was no big deal... just the usual weekend brawl between drunk bikies. The bikers went over their camp site outside of town and sat around the campfire drinking beer. A shot rang out the only house nearby. On the bikers was shot through the skull from a high-powered rifle. The evidence was clear as a bell to everyone involved. The only house nearby belonged to Don Hancock. The path of the bullet came from the house. He had rifles, being ex-law enforcement and all. He had a grudge against the bikers he had thrown out of his bar. But, the police did nothing. They refused in investigate. When forced, they somehow could not come up with anything. They said the muder was a complete mystery to them. After a number of years of stonewalling it became apparent to the bikers that nothing was going to be done. So they took things into their own hands and blew Don Hancock up with a car bomb. Don and a friend went to the horse races for an afternoon of betting and drinking. When they got back into their car, it exploded, killing them both instantly. Someone had placed a bomb under the car while they were inside. Of course the police were all over this. They eventually got some low ranking biker to admit to it. They had him somewhere for three weeks getting info out of him. It saw his photo after the confession. To me, he looked like he had been tortured. He looked like those American POW's you saw having to apolgize on TV in Vietnam. After Don Hancock was murdered, his partner detective, Tony Louwinski, decided to come clean out the Micklebergs. He claims he waited so long because he was afraid of Hancock. It turns out Hancock was as dirty and mean as they came. It doesn't seem to me that the police are at all suprised that he got what was coming to him. To me it illustrates how bad the corruption is. There is more. The police investigate themselves. They comission reports to, get this, the police. So, there are no checks on their activities. 

Recently, the boyfriend of a friend of mine got into a scrap with the police. He was on a party riverboat when two of the patrons got too rowdy and started breaking things. The captain called the police. When the boat docked, the two rowdy guys took off on foot. Then the police showed up and arrested my friend's buyfriend. He protested telling them they had the wrong guy. The captain even told the police that the two guys had left and they had the wrong guy. The police didn't care. They eventually let him go, but they decided to charge him with a felony, resisting arrest. There were two cops there. A guy and a woman. The woman cop tired to tell the guy cop that he had the wrong guy, but he wouldn't listen. Her boyfriend is a law student, and nice guy. He was very ticked off. So he pleaded not guilty and demanded a trial. The prosecuter tried to offer him a deal on a lesser charge. He refused. In June his trial came up. He showed up with his friends who had been on the boat as witnesses. He also got the captain there. He suponed the female officer, but she refused to show up. The guy officer lied like a rug under oath. The boyfriend and the other witnesses could not believe some of the outright lies he was telling. He was sure the female officer refused to show up for the trial because she would have to perjure herself under cross examination. Either that, or get blacklisted and posted out in the middle of the desert. He was aquitted. Fortunately for him, the judge could smell bullshit when he heard it. Good thing too because if he had lost, he would not be able to get licensed to practive law when he graduates because of a felony on his record. posted by Ron Larson @ 4:13 PM 0 comments links to this post Police get demoted The detectives who were involved in the brawl with the American university students were demoted back to beat police. They may be fired. The police union is of course claiming that this is all a bunch of nothing. They are wrong. These detectives used their police power for personal revenge matters. They abused their authority. The police where holding one of the American students in jail and trying to charge him with assaulting an officer and all sorts of crap. He was the one that managed to get a clean punch in and knock out the front teeth of one of the detectives. However, the prosecutors refused to file charges claiming that everyone was at fault for the brawl and no blame could be laid on one person. The student flew home to the States. I don't blame him. The cops will be looking for him and trying to make his life hell.
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Lovell, Avon. Split Image. Perth, Western Australia.:
Creative Research, 1990. First Edition Hard Cover. Signed by Author. Good / Good. 415pp sequel to the well known Mickelberg Stitch which was removed by booksellers from their shleves by threats of litigation. This is a clean copy signed by the author. Jacket is edge worn and has a few marks. $35.00 [010025] Lovell, Avon. The Mickelberg Stitch. Perth, Western Australia: Creative Research, 1985. 12mo - over 6¾" - 7¾" tall. Mass Market Paperback. Good This is the book that was too hot for the shelves of Western Australian book shops. A controversial view of the Perth Mint gold swindle and its aftermath. 285 pp with some b/w photos. Old price label on front

 
1998 Death in Custody of 18-year-old Stephen Wardle

      A justice of the peace alleged he had evidence of a police cover up in the 1998 death in custody of 18-year-old Stephen Wardle, arrested for alleged drunkenness on his way to an AC/DC concert. JP Geoffrey Waldock, who was on duty at the East Perth lockup the night Wardle died, told the Sunday Times an official log he made on that night disappeared from the cells in the days after the death. "No one is pretending that the next few months will be an easy time for the police service," Dr Gallop told about 80 delegates from 39 union branches meeting in Fremantle.......

 Police corruption is a specific form of police misconduct sometimes involving political corruption, and generally designed to gain a financial or political benefit for a police officer or officers in exchange for not pursuing, or selectively pursuing, an investigation or arrest. An example is police officers accepting bribes in exchange for not reporting organized drug or prostitution rings or other illegal activities. Police corruption can involve a single officer or group of officers, or can be the standard practice of entire police precincts or departments. In most major cities there are internal affairs sections to investigate suspected police corruption or misconduct. However, sometimes the corruption is so widespread that investigation requires an external body with far reaching powers, such as a Royal Commission. 
        
         Mint robbers were framed By Liza Kappelle June 11 2002   
 
       A former police officer has admitted that he and another detective lied and faked evidence during the trial of the Mickelberg brothers for the Perth Mint gold swindle 20 years ago. The West Australian Attorney-General, Jim McGinty, said yesterday that Anthony Lewandowski had given an affidavit to the Director of Public Prosecutions admitting he and the former CIB chief Don Hancock, who was murdered last year, had lied and fabricated evidence to convict the Mickelbergs. Raymond, Peter and Brian Mickelberg were convicted in 1983 of swindling $650,000 worth of gold from the mint. Raymond, a former SAS soldier, was released from jail in 1991 after serving eight years of a 20-year sentence. Peter served six years of a 14-year sentence. Brian Mickelberg had his conviction overturned after nine months in jail. He died in a helicopter crash in 1986.                          
       Raymond and Peter Mickleberg made four unsuccessful attempts to have their convictions overturned - three appeals to the Court of Criminal Appeal, at which Mr Lewandowski and Mr Hancock testified, and an appeal to the High Court. Mr McGinty said Mr Lewandowski had admitted that he and Mr Hancock had fabricated confessions from the brothers, and had lied at the trial and the appeals. He had also admitted that Peter Mickelberg was stripped naked and beaten by interviewing officers during the investigation. Mr Lewandowski had said he had not come forward earlier because he had not wanted to cross Mr Hancock, who died in a car bombing in what police believe was a payback killing by Gypsy Joker bikie gang members after the murder of a gang member in 2000. Mr McGinty said Mr Lewandowski's belated admission - if it were truthful - would strike at the heart of public confidence in the justice system. "This is one of the most high-profile police investigations we have seen in Western Australia, and if it was found that convictions were obtained by police fabricating evidence, the ramifications are enormous." Mr McGinty has referred Mr Lewandowski's affidavit to the royal commission into alleged police corruption, which is due to recommence hearings on July 1. The robbery on June 22, 1982, was the most audacious ever staged in Perth - an ingenious swindle which saw 49 gold bars spirited out of the impregnable Mint to a mystery hiding place. Although the evidence against the Mickelbergs was compelling - in particular Ray Mickelberg's fingerprint on one of three fake cheques used to pay for the gold - the brothers insisted from the start that the police had framed them. They said the detectives, led by Don Hancock, had lied at their trial in the District Court, had fabricated confessions by all three, and had planted the damning fingerprint. It would have been easy for the police to get hold of a mould of Ray's finger, they said. One of his hobbies was casting hands, in brass, plastic, rubber and perspex. There were about 20 of the hands in his Marmion Beach home when the police first arrived, and several were taken away for inspection. In 1989, 55 kilograms of gold pellets, said to have been from the swindle, were found outside a Perth television station, accompanied by a note protesting the Mickelberg brothers' innocence and claiming that a prominent Perth businessman was behind the swindle
                                        

Ray Mickleberg with the two Allan Lovell books on their extraordinary life: The Mickleberg Stich and Split Image

Ray and Peter Mickleberg during press interviews after their convictions were quashed by the Court of Criminal Appeal in June, 2004


 
Mickelbergs unstitched – 22 years too late
  Congratulations to the framed Mickelbergs
 
   allegation two weeks ago by a former detective, Tony Lewandowski, that police also framed the now-infamous Mickleberg brothers for the Perth Mint swindle
22 years too late Congratulations to the framed Mickelbergs Almost twenty years ago a woman from Perth – 5,000 kilometres away on the other side of Oz – came to my office requesting support for a campaign to free the three Mickelberg brothers. It's so long ago, I can't remember her name, nor whether she was a wife or simply a family member of one of the three. She gave me a copy of a mind-shredding new book, The Mickelberg Stitch. I recall I was impressed with her sincerity and dedication, and that, when I read it later, the book blew me away. She told me an extraordinary tale of how the Mickelbergs had been "stitched up" by the police. On my side of the continent, we say "fitted up", but I knew that she meant "framed". It doesn't matter where you are in this great country, a frame-up is a frame-up. These men's supposed crime was a fraud that involved a lot of gold bullion from the Australian Mint in her home city. She told me that one of the brothers was a plaster figurine hobbyist, and that sometimes he made latex moulds of hands, to cast in plaster. I was intrigued when she explained that the cops had used one of these latex moulds to fabricate a fingerprint that had helped fit up the brothers and send them to jail for extraordinarily long laggings (meaning "sentences", on my side of the Wide Brown Land). 
                                               Exonerated
These poor buggers have been fighting to clear their name for 22 years and finally their convictions have been quashed. In the meantime, one of the brothers has died, and one of the cops in the case was blown up in his own car. Another policeman died, but confessed before he did, which was very decent of him, for a bent copper. I've been interested in the Mickelberg Stitch for almost half my life, and wish I'd done more to help. Like the incredible Sydney Hilton Bombing case on which I've reported in the Scriptorium, it is one of the worst cases of cop frame-ups this country of daily frame-ups has ever known. But at least I can send my congratulations to Ray and Peter Mickelberg and hope that they get a helluva lot more compo for not robbing the Perth Mint than the lousy hundred grand that Tim got for not bombing the Hilton and killing two garbagemen and a cop. One hundred million would be more like it, for the suffering it must have caused the Mickelberg men and their loved ones. Let's hope the real swindlers get nabbed. And we can only hope (probably vainly) that some cops will do laggings like these blokes did for eight and six years, unlike in the Hilton case. In the Hilton, the crooked wallopers not only remain free, they have kept their promotions and bravery awards for arresting innocent men with non-existent bombs. Amazing, is it not? Just imagine how corrupt Australian police would be if we didn't have an expensive Royal Commission into every State's police force every five minutes or so.
 * Ø * Ø * Ø * "After more than 20 years of maintaining their innocence, the brothers convicted of the infamous Perth Mint swindle had their convictions overturned. "Ray and Peter Mickleberg's eighth appeal against their conviction for the 1982 theft of $653,000 in gold bullion from the mint was upheld in the West Australian Supreme Court of Criminal Appeal. "In a 2-1 split decision, Chief Justice David Malcolm and Justice Christopher Steytler agreed the conviction should be quashed and no retrial ordered. "Justice Michael Murray disagreed, saying the appeal should be dismissed on the grounds that no miscarriage of justice had occurred. "Ray Mickelberg served eight years of a 20-year sentence for the swindle, while Peter served six years of a 14-year term. "The third Mickelberg brother, Brian, whose conviction was overturned after nine months behind bars, died in a light aircraft crash in 1986." Source: The Age "But where there is exercise of power there is always resistance, and despite police threats some used less than ordinary means to distribute Lovell’s book. One proprietor was selling plain paper bags for $8.95 with ‘an entirely free copy’ of The Mickelberg Stitch inside. Another provided customers with a free copy with every bookmark he sold. "However the attempted suppression was soon successful, as most of the booksellers felt they had no other choice than to remove it from the shelves. And the Mickelberg brothers remained in jail." Unpicking the Mickelberg stitch "The Mickelberg stitch has shocked many people in Perth but it is worth going back and examining the evidence to see just how shocking an affair this really was." Anatomy of a stitch-up Copies of The Mickelberg Stitch (and a subsequent book, Split Image, on the defamation actions and the Mickelberg appeals) used to be available from the Mickelberg Committee, 81 Mullalloo Drive, Mullalloo WA 6025, Australia, and may well still be.
      

Thu, Jun 13 2002 12:25 PM AEST
 Opposition targets Kucera over mint swindle framing The Opposition is preparing to step up its attack on the WA Health Minister, Bob Kucera, over his links to the Mickleberg mint swindle. It is insisting the Minister be removed from Cabinet, for his involvement in what they have dubbed Kucera-gate. Since losing last year's election, the Opposition has not had got whiff of anything it believes can trouble the government as much as this. Liberal leader Colin Barnett will target Mr Kucera in parliament during question time again today, insisting the former policeman is in an untenable situation. "If he thought about it, it would be in his own best interest and political career to step aside," Mr Barnett said. The police royal commission will revisit the Mickelbergs' case, in light of new evidence that the two investigating officers, Tony Lewandowski and Don Hancock, lied to stitch up the Mickleberg brothers. Mr Kucera was head of Belmont CIB where their interview took place, and may be called as a witness. He is giving every indication of digging his heels in. "My principal role in government now is as a Health Minister... this is a distraction for me, but I'm focused on what I want to do," Mr Kucera said
.                     
                                               

                                           Micklebergs claim $14 million Monday, 9 August 2004 Presenter: Liam Bartlett The Mickelberg brothers have defended a claim for nearly 14 million dollars in compensation, after being wrongfully convicted of the 1982 Perth Mint Swindle. Ray and Peter Mickelberg last month had their convictions quashed. The Mickelbergs have told the ABC Radio they lost property, lucrative abalone fishing licences and earnings as a result of their 21 year legal fight. Ray Mickelberg says they are not being greedy in wanting to be compensated for substantial financial losses: "We say it's not unreasonable and I'm sure the majority of the community would agree that if someone takes from you something that you legitimately own and charges you with a crime you didn't commit, and then concedes that they were wrong, isn't it fair to get back what you owned when you were first taken into custody?" Western Australian Attorney General Jim McGinty says the Mickelberg brothers need to take their claim to the courts. He says the gap between what the brothers are seeking, and what the government would be prepared to pay is enormous.


  Peter and Ray Mickleberg
are claiming close to $14 million dollars compensation after their 21 year old conviction was quashed.

    
Micklebergs continue fight to clear their name
 The Mickleberg brothers are heading back to the courts as a continuation of their defence of the Perth Mint swindle. Last year, the Western Australia Court of Criminal Appeal quashed the criminal convictions of Ray and Peter Mickleberg, almost 25 years since their first trial. Following their win, former WA assistant police commissioner Mel Hay told the media that he and other police believed the Micklebergs were guilty of the swindle. The Micklebergs are suing Mr Hay, but the WA Government became the defendant as his former employer. The Micklebergs' lawyer, Martin Bennett, says the state solicitor filed the Government's defence in the Supreme Court last week, saying it will prove what Mr Hay said was true. He says the brothers welcome the opportunity to air new evidence, but are disappointed it has come to this. "It reflects a stubborn intransigence on the part of the Government who won't deal fairly in a compensation sense with the brothers," he said. WA Attorney-General Jim McGinty says the Micklebergs have initiated the legal action and the Government is defending it. 
Mr Bennett says he does not believe the matter will go before the courts this year.


What is Police corruption?
    

Police corruption is a specific form of police misconduct sometimes involving political corruption, and generally designed to gain a financial or political benefit for a police officer or officers in exchange for not pursuing, or selectively pursuing, an investigation or arrest.

An example is police officers accepting bribes in exchange for not reporting organized drug or prostitution rings or other illegal activities.

Police corruption can involve a single officer or group of officers, or can be the standard practice of entire police precincts or departments. In most major cities there are internal affairs sections to investigate suspected police corruption or misconduct. However, sometimes the corruption is so widespread that investigation requires an external body with far reaching powers, such as a Royal Commission.

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ITV News journalist Terry Lloyd was "unlawfully killed by US forces"
 when he was shot dead in southern Iraq, his inquest has concluded. 
The veteran reporter was killed alongside French cameraman Fred Nerac and Lebanese translator Hussein Osman in the early days of the Iraq war in March 2003. Daniel Demoustier, 44, was the only survivor of the four-man ITN team.

Mr Lloyd got caught up in US and Iraqi crossfire near Basra and was shot in the back. As he was taken away for treatment, US forces opened fire on the minibus he was travelling in and shot him in the head. Oxfordshire Assistant Deputy Coroner Andrew Walker said: "I have no doubt that it was an unlawful act to fire on this minibus." He said he would write to the Director of Public Prosecutions to call for the US perpetrators to be brought to justice.

Mr Nerac and Mr Osman, who were travelling in the car behind the minibus, both disappeared. Mr Osman's body was later found and the fate of Mr Nerac remains unknown. Summing up Mr Walker said: "It is only now that the sequence of events that led to this tragedy can be discovered, for a tragedy it is when the lives of innocent civilians are lost." He added: "I am certain that the world is a lesser place following their sad death. "Their professionalism and dedication in the face of danger is and can only be admired by those they left behind." Mr Lloyd and his team had gone through extensive preparation for their trip to Iraq in the month before leaving London, added Mr Walker. He said: "In my view on the evidence I have heard, those preparations, from the initial setting of Independent Television News, through their training of staff and equipment, was of the highest possible standard." David Mannion, the editor in chief of ITN, said the company would fully support Mr Lloyd's family to "bring those responsible for Terry's death to account before a court of law".

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People appear to be becoming less superstitious about Friday the 13th being an unlucky day. A survey of 1,000 adults shows that breaking a mirror, walking under a ladder and having a black cat cross your path were becoming less of a problem. Three out of four people questioned for Surrey theme park Thorpe Park said they had no intention of staying off work just because of the date. Peter Ronchetti, the park's general manager, said people were not as easily scared as they used to be. But he warned: "October this year happens to be one of the freakiest months, with both Friday the 13th and Halloween within two weeks of each other."
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    Probe into £1 billion loan insurance blackmail
-customers ‘forced into taking useless policies.. A Major Investigation of “rip off” insurance policies sold by banks and building societies was ordered today ......
 
..see press room for full story           
     

Flames and smoke are seen coming out of windows at the location where a small plane crashed into a 50-story residential apartment building near 71st Street and York Avenue in New York, Wednesday, October 11, 2006. New York Fire Department officials reported two deaths in the crash. (AP Photo/Dax Gardner).
NEW YORK - A small plane carrying New York Yankee Cory Lidle slammed into a 50-story skyscraper Wednesday, apparently killing the pitcher and a second person in a crash that rained flaming debris onto the sidewalks and briefly raised fears of another terrorist attack. A law enforcement official in Washington said Lidle — an avid pilot who got his license during last year's offseason — was aboard the single-engine aircraft when it plowed into the 30th and 31st floors of the high-rise on Manhattan's Upper East Side. Mayor Michael Bloomberg said both people aboard were killed. Lidle's passport was found on the street, according to a federal official, speaking to The Associated Press on condition of anonymity. It was not immediately clear who was at the controls and who was the second person aboard.
     Investigators look for answers in NYC plane crash death.....     
     

    New York Yankee Cory Lidle slammed into a
    50-story skyscraper Wednesday
  
    
Check out the latest Gossip from Chicago's Sun Times Team 
                                                                                            BILL ZWECKER
 BIOGRAPHY : From the top stars of Hollywood to Chicago's best-known celebrities like Michael Jordan and Oprah Winfrey, Bill Zwecker is the expert when it comes to knowing the scoop on the rich and famous. The Chicago Sun-Times columnist -- who is also the entertainment reporter and film critic for WBBM-TV (CBS) in Chicago -- covers the globe finding out the latest news about celebrities for his readers and viewers. From 2000-2003, Bill was the entertainment reporter and film critic for WFLD-TV (Fox) in Chicago. From 1995-2005, Bill was the entertainment contributor and film critic for ''The Eric & Kathy Show'' on WTMX-FM radio. From 1993-2000, Bill was the entertainment reporter and film critic for WMAQ-TV (NBC) in Chicago. He was also a regular contributor to ''The Joan Rivers Show,'' 1990-1994. The Chicago native grew up in Oak Park and River Forest -- graduating from Oak Park-River Forest High School before heading to Princeton University where he received his bachelor's degree with honors in American History and American Civilization. He also attended the University of Chicago Graduate School of Business. After working in politics (for former U.S. Sen. Charles Percy), banking and retailing, Bill turned to journalism fulltime in the early 1980s, following in the footsteps of his mother, Peg Zwecker, the nationally-syndicated, award-winning fashion editor and columnist for the Chicago Daily News and Sun-Times. Bill was associate editor and columnist for the Lerner Newspapers, 1987-92. Bill has been a frequent contributor to various national news and entertainment programs -- including Access Hollywood,'' Entertainment Tonight, Extra, Today Show, The NBC Nightly News, Biography on A&E and Larry King Live. Among numerous honors, Bill has twice been awarded the prestigious Peter Lisagor Award, Chicago journalism's highest accolade. He has been nominated for three Emmy Awards for the Midwest/Chicago region for his work at both WBBM-TV and WFLD-TV. Bill was part of the WBBM-TV news team honored with an Associated Press award in 2004 for coverage of the E-2 nightclub disaster in February, 2003. Oak Park-River Forest High School inducted Bill into its Hall of Fame in 1995, presenting him with its top alumni honor, the ''Tradition of Excellence'' award. In 2000, Bill was named ''Man of Vision'' by the Midwest Eye Banks for his various civic and charitable contributions. The Isreal Film Festival presented Bill with it's Lifetime Achievement Award in 2004, along with Larry King and Hollywood producer, Laura Ziskin. Bill Zwecker currently serves on the board of directors of the Chicago Academy for the Arts -- one of only four private high schools for the performing arts in the U.S. He's a board member of Off the Street Club, Chicago's oldest organization serving children and teenagers on the city's West Side; and the Advisory Board of the Midwest Eye-Banks. Past board memberships have included: Auxiliary Board, School of the Art Institute of Chicago, Greater North Michigan Avenue Association, Auxiliary Board of Lincoln Park Zoo (founding member), Mental Health Association of Greater Chicago, Chicago Lung Association, Princeton Club of Chicago, Henrotin Hospital, Chicago Symphony Orchestra (Junior Governing Board), AIDS Foundation of Chicago, North Dearborn Association and the Headline Club of Chicago (Society of Professional Journalists). Bill lives in Chicago's Streeterville neighborhood and is the father of one son and recently became a grandfather for the first time.            

   
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What The Bush Administration Won't 
Tell You About The War in Iraq

The United States has thoroughly destabilized the Middle East by invading Iraq. The task of the occupying forces is no longer confined to fighting a Sunni insurrection; they have to contain an incipient civil war. The country has divided along sectarian lines and each faction has established a fighting capacity. Now the situation in the Middle East is dire. Iran threatens to become a nuclear power. The low-grade civil war in Iraq threatens to broaden into a regional conflict. We are facing a clash of civilizations and/or armed sectarian conflict. And all this in a region that is responsible for the bulk of the world’s oil supply. Something is fundamentally wrong with President Bush’s contention that he has made us safer at home by taking the war on terror abroad. There are many more people willing to sacrifice their lives to kill Americans than there were on 9/11. The Bush administration shows no awareness of the contradictions in its policies or of the negative consequences. Here is President Bush’s introduction to the 2006 National Security Strategy so that you can judge for yourself.
 
George Soros's new book, "The Age of Fallibility: Consequence of the War on Terror" is now available in 
stores. In his new book George Soros reveals the philosophy that he attributes to his successes and shows you how you can use this philosophy to make your world a better place.
"I have developed a philosophy that has played a central role in my life. It has guided me in making money and spending it, although it is not about money. I know how important that philosophy is for me personally, but I am still in the process of finding out whether it can have a similar significance for others. That is my first priority and this book is probably my final effort in this regard."
~ George Soros, The Age of Fallibility

                         
The World of Cannibalism
-One of the most misunderstood subjects that is hardly ever discussed


   
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Drastic changes in media ahead: PackerThursday November 23, 11:18 PM

James Packer forecasts the media landscape in Australia will change dramatically in the next 15 years as technology steers the industry into a new age.The chief executive of Publishing and Broadcasting Ltd (PBL) was among four of Australia's principal media leaders, also including Fairfax chief David Kirk, ABC managing director Mark Scott, and Foxtel head Kim Williams, speaking at the Oxford Business Alumni's annual forum in Sydney.

In their discussion, on the theme The Future of Australia's Media Industry, Mr Packer said today's booming mass media tools were unheard of in the early 1990s and the scene in the 2020s would be just as different."If you look back 15 years ago, there were virtually no mobile phones, no internet, no Pay TV and they were very hard to foresee," he said."I think 15 years from now the change is going to be as dramatic as it has been in the last 15 years." Mr Kirk, whose company publishes The Sydney Morning Herald, The Australian Financial Review and the Sun Herald, said the newspaper industry would live through developments in technology and thrive on the proliferation of online news."Absolutely it will survive ... but we have to make adjustments to find new products to offset some of these changes," Mr Kirk said.

He said secure display advertising and steady circulation ensured newspapers were in a strong position, but quality content was more important than the medium through which it was delivered.Mr Kirk said while consumers could determine news and programming on pay TV and the internet, and even generate their own content, readers still demanded informed and quality views and news in a convenient and well presented form."There is absolutely no doubt newspapers will have to provide greater quality. We cannot dumb down the product," he said."I firmly believe there is a real demand for high class editing."People do want an easy and comprehensive way of getting their news."Mr Scott agreed that quality content would play a bigger role in consumers' choice than technology.But he said the internet generation who "don't want to be broadcast at, they want to write their own news, contribute" will be the biggest consumer force in the next 15 years."Fifteen-year-olds today ... they are the dominant media consumers," he said."They're used to having it where they want it and when they want it and want to contribute to it. "That's a big shift that all media organisations are going to have to come to terms with."He said technology helped the ABC fulfil its charter to deliver Australian content.He cited the two million ABC podcasts downloaded around the country each month which, he said, made the national broadcaster "probably" the leading provider of podcast material in the world.Twenty-five new ABC television programs next year will also be available from video on-demand download, he said.

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Welcome to Bookscope The online bookstore for independent publishing company Creative Research.

The Mickelberg Stitch
Avon Lovell
The book they tried to ban!
Featuring controversial and previously banned books written by investigative journalist Avon Lovell.
Based in Perth, Western Australia there is now a convenient online or mail-order service - so you can choose which you prefer. The plan is to make these texts available to everybody, even lawyers.

In 1982 an ingenious swindle at the Royal Perth Mint netted a fortune in gold bullion. Police focused in on the Mickelberg brothers, Ray, Peter and Brian who were sentenced respectively to 20, 16 and 12 years gaol.
The Prosecution case was based on a mass of questionable evidence:
- unsigned `confessions' - fabrications, omissions - and a forged fingerprint!
Now the Mickelbergs are after their persecutors.
Avon Lovell's documented expose of an Australian courtroom Watergate is a triumph of investigative writing.
The facts are explosive; 
The story unfolds like a drama. Police methods in Australia will never be the same .
Official Book Release
On Monday the 12th of August, 2002, Dymocks booksellers launched the infamously unatainable text, The Mickelberg Stitch.
The launch itself generated interest from all media circles, celebrities and the general public alike. More on the launch and speech by Bret Christian of the Subiaco Post.




Bookscope News Headlines: items marked with a  contain a link to more info.
17/08/02   "Mickelberg gamble pays off for author - His supporters say his behaviour in front of the police royal commission that led him to the brink of a jail sentence has succeeded in getting the Mickelberg case sent to the Supreme Court...After Mr Lovell walked out of the commission, Mr McGinty changed his mind & signed the order referring the Mickelberg case to the Court of Criminal Appeal...Mr Lovell says he also had a genuine belief that his summons to appear before the commission was not valid because it referred to events in 1982. The commission's terms of reference appear to restrict it to investigating matters from 1985 onwards. He now admits he was wrong in his belief, & that his 1200 court appearances on his own behalf might have given him some misplaced confidence about his abilities as a 'bush' lawyer" Subiaco Post
16/08/02   Avon was quoted as saying he had achieved his goal to get the Mickelberg case to the court of criminal appeal, "I just want to get on with my business, my work and get my life back" - The Australian Newspaper.
15/08/02   Sentencing! Judges fine Lovell $30,000 for 3 contempt of court convictions.
15/08/02   "Mint witness back - An application to expedite the evidence of former detective Tony Lewandowski, who admitted framing the Mickelberg brothers over the 1982 Perth Mint Swindle, will be heard by a Perth court tomorrow. Mr Lewandowski is believed to have returned to Perth from Thailand at the weekend."The Australian
12/08/02 Avon's book 'The Mickelberg Stitch' finally enjoys a public launch at Dymocks, Perth City Store
06/08/02   "Lovell faces jail sentence - Convicted author says he wants to help commission 'get the bastards'. Author Avon Lovell faces a possible jail term after being found in contempt of the police royal commission. Lovell...was convicted in the State Full Court yesterday on three counts of contempt." The West Australian
25/07/02   "I will be first person jailed: Lovell - Mr Lovell said he had provided evidence of major police corruption yet he was the first person most likely to be jailed in relation to the royal commission. He had wanted his case heard by a single judge so that he could appeal against an unfavourable decision to the Full Court. As it stands the Full Court will hear the contempt case...In the Full Court yesterday Mr Kevin Penkin said it would be submitted that there had been no contempt because the summons was beyond the power of the royal commission." The West Australian
24/07/02   "Brothers get day in sun - Attorney-General Jim McGinty sent the Perth Mint swindle case back to the Court of Criminal Appeal yesterday, saying it was time Ray & Peter Mickelberg had their day in court." The West Australian
19/07/02   "Lovell bailed on contempt - The original arrest warrant alleged Lovell committed three contempts: failing to answer a summons to appear on Monday, refusing to give evidence when he did attend on Wednesday & leaving without being released. Lovell replied that he had not committed contempt. He had made submissions that the commission did not have authority to ask him questions as he was not a police officer & his evidence did not fall within the term of reference." The West Australian
17/07/02   "I'll face inquiry as a courtesy: Lovell - Mickelberg advocate Avon Lovell, who defied a subpoena to go before the royal commission into police corruption on Monday, intends to appear before today's hearing out of courtesy. He said yesterday he wished to know what it wanted from him in relation to the confession he got from self-confessed corrupt former detective Tony Lewandowski." The West Australian
16/07/02   "New moves to get witness home - Negotiations to bring Tony Lewandowski back from Thailand to Perth were taking place behind the scenes, author Avon Lovell said yesterday...he railed against Attorney General Jim McGinty's handling of the affair. He denounced the possibility of his imprisonment for failing to attend the inquiry as 'stupid' pointing out the paradox of jailing him when he had exposed police corruption." The West Australian
15/07/02   "Mickelberg author defiant - The police royal commission resumes today with the threat of imprisonment hanging over author Avon Lovell" The West Australian
13/07/02   "Confession in the spotlight - Author Avon Lovell...said he had been subpoenaed to the inquiry (royal commission) but would boycott it because it was an inappropriate forum for the case. He said he got a sworn & signed confession from Mr Lewandowski to support a petition to refer brothers Ray & Peter Mickelberg's conviction to the Court of Criminal Appeal. Instead, the case was going to the Royal Commission which did not have the power to overturn the brothers' conviction.", "I have told the commission I'm not going to attend,' Lovell said" The West Australian
13/07/02   "Hopes rest on bent cops - Top detective's death may break wall of silence", Mickelbergs will apply today to have their case heard again by the court of criminal appeal. The West Australian
23/06/02   "Stitch has become a smokescreen...A week has passed since The Sunday Times asked Attorney-General Jim McGinty a list of questions about the handling of the confidential new evidence in the Mickelberg case. The newspaper has not even received a telephone call in response. This from a state government which has declared itself open & accountable in dealing with the sensitive issue." Editorial The Sunday Times
15/06/02   "This time, the stitch is by Lovell...when former detective Tony Lewandowski decided to become our most famous dobber last week, it was his old enemy Avon Lovell who stitched up the deal...he gave no hint of the months of work & negotiations it took for Mr Lewandowski to steel himself for the flak that would follow breaking the code of silence" Bret Christian, Subiaco Post
12/06/02 Fingerprint expert Terry Nesbitt...says he feels vindicated by Tony Lewandowski's admission of fabricated evidence. Mr Nesbitt said he was initially sceptical of the Mickelbergs' case but his views changed when he found three fingeprints on the cheque. "They were all identical - all from the same angle & the same finger," he said.
12/06/02   "Enduring Lovell...One man who copped almost as hard a time from the cops & the West Australian establishment as the Mickelbergs was Avon Lovell...had his phone tapped, received death threats, was briefly jailed & had his book banned by the WA government. Yesterday he was quietly, but happily, celebrating his vindication" D.D McNicoll, The Australian.
11/06/02 "Ex-cop admits framing gold swindle brothers", The Australian Newspaper-Front Page. View Acrobat (PDF) page here.


INTERVIEW: Author Peter Docker discusses Someone Else’s Country
 and his Mickelberg play 
10th March 2009


"I was immediately interested because I greatly admired these men who stood up at the Royal Commission into Aboriginal Deaths In Custody and gave evidence about a young Aboriginal prisoner whose murder by the prison guards they had witnessed, in spite of massive pressure (death threats) brought to bear on them by the authorities. he outcome is an explosive play which goes to the heart of corruption in the Police Force and the Judiciary of WA. Many West Australians who for years have swallowed the smear campaign run on them by certain sections of the media will be quite shocked by what they see. This is a seminal West Australian story – two innocent men (Ray and Peter Mickleberg) were sent to jail for a crime that they did not commit – who simply refuse to lay down.  Two innocent men, one a returned soldier who gave his all for his country on the battle fields of Vietnam, who suddenly find themselves in 

"one of the most brutal prisons in the Western world, where living conditions for the inmates are unchanged since the 1850s."..The Famous Fremantle Prison cts in the 1800's, which was originally built by the convicts, to lock themselves up in, and never remodelled, was only closed in about 1990 after being condemed for over 50 years by health authorities, where no cell had any toilets, and instead had an open bucket to go to the toilet in during the time of 4pm till 8am two to four prisoners that shared the cell were locked up there, haviing collected their evening meal on the way to their cell at 4pm. When the  prisoners were let our of their cell at 8am and allowed into the open yard, which they shared with 100 prisoners, 40% white Australian of English Stock and 60% back Australian of Aboriginal Stock, they had the job of pouring what they had collected in their toilet bucket over night into an open drain, and hoping to to be able to use one of the toilets actual toilets that flushed in the yard thy ey shared with 100 other prisoners. There was a tendency to try and not "Shit in the Bicket" over night as this would stink the cell out, so the aim was to hold that part of their bowel movements until they could get to the toilet in the yard the next morning. 


Note: Stephen Carew-Reid recalls the first night in a cell in Fremantle Prison which her shared that night, with another three inmates who seemed to have been there for quite some time and liekly to be there for many years to come for serious ctimes such as murder, rape, bank roberies etc, one prisoner said ina strun loud voice, 
"If you shit in that bucket I will kill you"

According to Stephen Carew-Reid in hus books, he was simply too scared to shit in the bucket and never did, and simply learnt to hold this back until the next rning as everyone else did. He also recalls the same prisoner recalling that from the window of this cell he witnessed Prisoner Officer Stone, murder a prisoner in the Yard, which he of course went unpunished for. Everyone in the prison feared Prison Officer Stone, quite understandably.
 
( Fremantle Prison  is the famous Fremantle Prison where Stephen Carew-Reid was sent to for a three and a half year jail sentence,  for a crimes he did not commit. Stephen Carew-Reid was there at the same time as Ray and Peter Mickleberg and shares the same prison yard Two Division, where Stephen Carew-Reid witnessed a young part aboriginal prisoner, bite the top of Ray Mickleberg's finger off as a favour for Ron Hancock, the Police inspector that set the Micklebergs up as a warning if they kept trying to appeal their lives may be next. As a reward for biting Ray Mickleberg's finger off, the young prisoner whose name was Gary Smith, was released the next day from Fremantle Prison on probation, after having pleaded guilty for a string of breaking and enterings and house robberies. While Stephen Carew-Reid was in Fremantle Prison he worked in the Fremantle Prison Library with Ray and Peter Mickleberg and the famous Ron Morely, who robbed banks in Perth, Western Australia, known as "Grey Beard", as he used ot put on agret beard to do the robberies, ansd was always very courtious to the bank staff when he did the roberies, without using any weapon just to pay his workers in his business which was at risk of being shut down because of large Australian Federal Taxation bills he could not pay, as he has spent all his profits improving the business and emplying more people, and did not put enough cash aside for his taxation committments. Accoridning to what Stephen Carew-Reid says in his books The Triumphg of Truth (Who's Watching the Watchers?) Ron Morely was an absolute gentleman and would not hurt a fly, spoke with a posh English accent and was very intellegent. Ron Morely did not ever keep any of bank robbery money for himself and used it all to pay his workers. 

The charges that Stephen Carew-Reid was worngly convicted of involved some cheques that bounced on his business bank account, only because his Gingers Roadhouse on the Brand Highway in Upper Swan, Western Australia, that was turning over $30,000 to $40,000 per week in fuel and takeway food, kwas robbed by freinds of Inspector Ron Carey, and was only found guilty due to a conspiracy between the Western Australian Australian Police, the Crown Law Prosecutors, his own lawyers, prosecution witnesses, the District Court Judge, Judge Wheeler, a set up jury, Oh Yes... in Perth the head Sheriff (Bailiff) of the District and Supreme Courts, who is the person solely in charge of selecting all  jury panels for all District and Supreme Court criminal trials in Western Australia, is corrupt, ( which Stephen Carew-Reid has proven beyond reasonable doubt in certain trials and has actually has a jury member, Michale Hopkins, one the Hopkins Brothers, from the well know Perth's Hopkins Furniture Action House, admit he was set up by the Sheriff  on a trial of Stephen Carew-Reid to make sure Stephen Carew-Reid was found guilty. The Sheriff is there to specially select jury members when "it is important"  in for District and Supreme Court criminal trials in Western Australia, by stacking the original jury panel of 40 people that are meant to selected at random out of the electrol role. That way, when the defence and prosecution barristers select the jury out of the 40 people in the jury panel, out of  numbers selected at random out of a hat by the court usher, it all looks open, uncorrupted and fair, however, the reality is, in certain important trials, when those in control on the legal system 

( judges, magistrates, senior and well connected prosecutors defence lawyers and barristers, powerful politicians, powerful and senior police, senior and powerful court staff, etc)

is cases where these powerful people decide behind the scenes that a person is going to be found guilty regardless  for an number of various reasons, and/or a rich person has paid big money to these people to make sure a trial goes their way, and/or a person simply is too well connected and powerful to be allowed to be found guilty of the charges, the trial outcome and/or sentencing out is set in place before the trial even commences by various means including the following:


(1) The Sheriff carefully selects and the stacks the original 40 member jury panel, so that there are enough people who know what they are meant to do in the jury room if selected as a jury member.

(2) As part of the stacking and manipulation of the jury as criminal trials in Western Australia, they make sure that one of the specially selected jury members pushes their way to be the head of the jury, a job that the average normal jury member does not want in any event. The average jury person selected for a jury at random, does not what to be there, let alone be the foreman and/or forewoman of the jury. These people are only there because they are forced to be there by law when selected on the jury panel. This way the foreman and/or forewoman of the jury can mentally keep pushing the undecided jury members who may be there by random selection, if any are there by random selection, to vote the way his bosses have told him to push the jury to vote. In the end the jury just want to go home to their family and friends, job, business etc and really do not want to be there any more after a long lengthy trial, and can eventually easily be pushed to vote one way or another by forceful strong minded jury foreman and/or forewoman of the jury.


(3) The listings co-ordinator in the District and Supreme Courts in Western Australia, is also corrupt and has given this very well paid and secure job, to select the right judges for particular trials "when it is Important".  This way a certain judge, who also knows what he is meant it do, does his part during the trial to make sure things go the way these powerful people running the legal system wants the trial to go... sometimes they want a not guilty verdict and sometimes they want a guilty verdict. The trial judge can easily manipulate the trial in so many various ways and thus heavily effect the outcome of the trial, by refusing the defence to present certain evidence that will help the defendant and/or allow the prosecution to produce certain evidence that is not fair, just or right in law for various reasons to produce, protect prosecution witnesses from being  cross examined to the fullest extent by not allowing certain questions to be asked, unfairly and wrongly not insisting that an interpretor is there explaining the whole trial to a defendant who doe snot have good command of the English Language,  by wrongly and unfairly instructing the jury at the end of the trial, by allowing the prosecution to get away with all sorts of legal wrongs during the trial which would be obvious to as judge that he should have corrected and/or not allowed to happen during the trial, by not stopping the trial and ordering a new trial and new jury when the judge sees that certain legal wrongs have been so bad that the defendant could not every have a fair trial in these circumstances.. then when it comes sentencing, if there is a guilty verdict that is reached that was planned in the first place to be reached, or a guilty verdict is reached which was not panned, the judge is there to make sure the sentence is either heavy or light, depending on what was arranged to happen behind the scenes. In some cases the judge is told not to give a person a sentence, but instead, rule that the is of the belief that the defendant is likely to  mentally unfit and sent down to a mental institution to be examined as to his or her mental state of health.  This is a perfect way the powerful people who run the legal system in Western Australia can make sure a person who has been so wrongly and badly legally treated in his trial by the judge, the police, the prosecution witnesses, and sometimes his own defence lawyers and barristers

 ( who is certain circumstances will take hundreds of thousands off the defendant and his family to run the best possible defence, and still behind the scenes work with the prosecution to make sure his client is found guilty an not presenting the best possible defence by not presenting all the possible defence evidence..not fully cross  examining the prosecution witnesses, not forcing the prosecution to produce embarrassing evidence they have that would ensure the defendant is found not guilty.. etc)

can never have an appeal heard to expose all these wrongful things done against him at his or her trial, because a corrupt doctor will declare the person criminally insane.... and so the defendant will never be able to mount an appeal setting out all these appeal grounds, other than in the basis he  or she was insane..and end up in a mental institution forever..


(4) Make sure the right corrupt prosecutor is selected to run the trial that is prepared to make false and misleading statements in his opening and closing addresses to the jury, that is prepared to withhold material evidence from the jury and the trial that the prosecution has in it's possession, that favours the defendant, that is prepared to coerce and/or manipulate the prosecution witnesses into telling their evidence in a fabricated and/or misleading way, and generally run the trial contrary to their oath as prosecutors, to search for  the truth before, during and after a trail, and instead simply do everything in their power to make sure the person is declared guilty and/or innocent depending on what has been decided for that person behind the scenes before the trail has even commenced.


(5) Make sure that the defence team are also onside to make sure the trail goes the way these powerful people in charge of the legal system want the trail to go. Stephen Carew-Reid has clear evidence that is one of his trials and other trials in Western Australia that the defence legal team acted deliberately against himself at his trial and deliberately against others at theie trials, as a favour for the prosecution and the police.  All this is exposed in Stephen Carew-Reid's seven

 (the eighth volume was on the way until all the research material and drafts for for the eight volume and the original manuscripts for the first seven volumes were stolen by  Queensland senior detectives Barry Zerner and Gregory Stormont on the 17-11-05 from 6 Earl Court Tallai, Gold Coast Queensland) 

volumes of his books Triumph if Truth ( Who Is Watching The Watchers?).

(6) In some instances the listings co-ordinator of the court simply selects a certain judge for one of the remand hearings in the very early stages of a criminal proceedings, a long way before a trial date is set down, who says to the defendant,

 "you do not look very well today Mr Carew-Reid, I am going to make orders today that you be removed from this court and sent to a mental institution to be assessed on your mental health"

and the defendant is removed from the court and taken to a mental institution where he is declared criminally insane and never released ad never attends his trail..which is adjourned sini di ( which is a legal term for an indefinite adjournment) until the defendant is declared mentally well by the corrupt  government doctor.... which of course never happens.


(7) Stephen Carew-Reid has been told by a number of people in Western Australia including lawyers, that it is well known in inner legal circles that is the right money is paid to the right people, then a lawyer can arrange a court case, whether it be civil and/or criminal to go anyway they way it to go because the right judges will be selected that will do the right job "when it is important".

One lawyer has stated to Stephen Carew-Reid that his aunty Judge Antoinette Kennedy, who is a judge in the District Court of Western Australia, can be bribed and/or told when it is important to rule what ever way is necessary in a hearing.. this information was also repeated to Stephen Carew-Reid by clients of this lawyer.

Of course Stephen Carew-Reid exposes the power of the Freemasons in the legal system with over 60% of senior lawyers, barristers, court clerks such as listings co-ordinators who's job is to  select a judge and magistrate for a particular hearing, magistrates, judges.. and thus to concern one has when a male judge is hearing a case..as to whether that judge and/or prosecutor and even ones own defence lawyer and barrister are freemasons..

However, what Stephen Carew-Reid goes into expose the new tactic of what he calls these "powerful corrupt people that run the Western Australian Legal System" ...is to make everyone think that the judge hearing the case is not connected in anyway to Freemasonary, and is not corrupt  in any way.. they organise a female magistrate and/or judge to hear the case... however what they have done in recent times as they slowly allow females into the role as magistrates and judges because of public pressure for equality between females and makes in the legal system... they mainly select female magistrates and judges that are willing to be corrupt and play the right game they want when "it is important for the honour and security and good pay for becoming a magistrate and/or judge..they deliberately chose females that do not have integrity... that they can control.....so when a person like  Stephen Carew-Reid in placed before a female judge and/or magistrate.. knowing that he will be suspicious of not obtaining a fair hearing from a Freemason magistrate or judge, and knowing that only males can be Freemasons, he will put into a false sense of security and belief that because the magistrate or judge is a female, then he will be assured of obtaining a fair hearing... which is definitely not the case ..as Stephen Carew-Reid has now discovered.

It is no wonder that all of Stephen Carew-Reid's original manuscripts of his eight volumes of his books Triumph of Truth (Who is Watching the Watchers?) and copies are removed, stolen and/or destroyed by corrupt people in charge of the legal system, the police, the courts and the government in Australia.. The information that Stephen Carew-Reid has been prepared to  candidly expose without holding back in any way is enough to bring the whole legal, judicial, political, police, political etc system down in Western Australia and show to the world that Western Australia has one of the most endemic  The corrupt legal system in the world.

Click here to find out more about Stephen Carew-Reid and his books
The Triumph of Truth (Who Is Watching The Watchers?) and 
find out why these books are not available for sale.....


The play Mickleberg, will be produced in Fremantle by Deckchair Theatre Company August, September 2010.




INTERVIEW: Author Peter Docker discusses Someone Else’s Country and his Mickelberg play

10th March 2009

I was born into a community whose preferred method of living with Aboriginal people was apartheid.

The country towns were, and still are, a hotbed of a nasty form of racism. Perhaps it is because out there everyone knows inherently the fairy tale version of history, where the first Australians were somehow divested of all of their wealth and land with no violence, is a total fabrication.

In fact, for many whites it is like the war is still going. And because of my belief that Australians are inherently good people who genuinely believe in community values, this set up a great conflict inside of me. How could this happen? How could, for example, West Australians freeze the Nyoongar people out of our economic, education, and social systems for 150 years, and then blame Nyoongar People for the wretched state in which they find themselves?

And really, I wanted to write about how much joy and fun and belonging that I have experienced inside the other country within our country, which is Aboriginal Australia.

When Someone Else’s Country first came out I was quite nervous about how it would be received in Indigenous circles.

I had unwittingly chronicled a kind of secret history that never sees the light of day outside of certain, closed circles. Overwhelmingly the response has been incredibly positive. The reaction from white Australia was quite a different thing. I was accused in the West Australian press of being a liar, and an exaggerator. I have lost most of my white friends, and all of my extended blood family, which was unexpected, and on a personal level, fairly tough to deal with.

Unfortunately, I don’t think much has changed for Indigenous people. This is because the fundamental shift that needs to happen in this country has not happened and, as yet, is on no-one’s agenda. The dominant white culture wants the Aboriginal people to change to be more like us. This has been tried since the arrival of the first settlers, and even though it takes many forms, it is all about assimilation. There is another way.

White Australia needs to become ‘blacker’. We need to educate ourselves. We need to understand Aboriginal Law better. We need to learn about the relationship between country and story. We need to learn Aboriginal Languages so we can pay proper respect. There is vast ecological knowledge in this country – perhaps even the answers to the world’s burgeoning environmental disaster – but this knowledge is not in the English language.

I always wanted to be a writer, but somehow fell into performing because of the intoxicating rush and immediacy of the relationship with the audience. I think being a performer makes me more attuned to the drama and the urgency of any situation. Also, I play the scenes out in my head, and sometimes out loud (doing all the voices) as I am writing them. I have to really love a subject to write about it. I have to be obsessive.

After this book Someone Else’s Country was published, I was approached by Ray and Peter Mickelberg, who wanted me to write a play about their experiences with the justice system.

I was immediately interested because I greatly admired these men who stood up at the Royal Commission into Aboriginal Deaths In Custody and gave evidence about a young Aboriginal prisoner whose murder by the prison guards they had witnessed, in spite of massive pressure (death threats) brought to bear on them by the authorities.

The outcome is an explosive play which goes to the heart of corruption in the Police Force and the Judiciary of WA.

Many West Australians who for years have swallowed the smear campaign run on them by certain sections of the media will be quite shocked by what they see. This is a seminal West Australian story – two innocent men sent to jail for a crime that they did not commit – who simply refuse to lay down. Two innocent men, one a returned soldier who gave his all for his country on the battle fields of Vietnam, who suddenly find themselves in one of the most brutal prisons in the Western world, where living conditions for the inmates are unchanged since the 1850s.

The play will be produced in Fremantle by Deckchair Theatre Company August, September 2010.

For more information please contact Claire Miller, “cmiller@fremantlepress.com.au“:mailto:cmiller@fremantlepress.com.au




AUSTRALIAN BOOKS – Just World Campaign


 
[2008] 

THE MICKELBERG   STITCH

  ,  1985, by Avon LOVELL.

A Real-Life Thriller
  •  An ingenious swindle of the Perth Royal Mint nets a fortune in gold bullion ..
  • The Police turn up the Mickelberg family
  • and brothers Ray, Peter and Brian are sentenced to 20, 16 and 12 years gaol.
       The Prosecution case was based on a mass of questionable evidence:
                – unsigned 'confessions'
                – fabrications, omissions
                – and a forged fingerprint!
    Now the Mickelbergs are hunting down their persecutors.
    Avon Lovell's documented expose of an Australian courtroom Watergate is a triumph of investigative writing.
    The facts are explosive
    The story unfolds like a drama
    Police methods in Australia will never be the same . .
       Avon Lovell is a publisher with experience in investigative journalism on metropolitan
  • newspapers in Hobart, Adelaide and Sydney.  He has owned his own suburban newspaper in Perth. 
  • As an editor and publisher he has produced many Australian books.
       At present Mr Lovell is writing a series of short stories, a television comedy,
  •  a community history and a sequel to
    The Mickelberg Stitch
       Extracts from pp 177-78: … Ray Mickelberg … worry … taxation … a false name in Building Society
  • or Bank accounts.  … Mr [Ron] Cannon … introducing evidence about the Yellow Rose
  • nugget failed dramatically. …
       {At a trial in June 1984, Raymond Mickelberg and Brian Pozzi pleaded guilty to charges of
  •  conspiracy to fraud [sic] in regard to the Yellow Rose of Texas [a fake gold nugget that family members
  •  had moulded and sold to Alan Bond].  Both received five year maximum sentences. 
  • Brian Mickelberg was gaoled for three years maximum, and Mrs Peggy Mickelberg …
  • was sentenced to 18 months gaol. …}










  • DETAILS: Creative Research, North Perth (W. Australia), 1985; 286pp, soft covers, 11 x 18 cm (4 3/8 x 7 1/8 in), contents, 
    no index, photographs, no endnotes. ISBN 0 908469 23 3
       [AFTERMATH: The "Stitch" was banned for alleged defamation by court action, the sequel was published, appeal after
     appeal occurred, the ban was lifted, and years later, FINALLY, "The Establishment" in the judico-politico-legal system of 
    the State of Western Australia admitted that the convictions were "unsafe."
       And the appeal courts, grudgingly, have been finding other "unsafe" verdicts, such as murders "pinned" on John Button, 
    Darryl Beamish, and Andrew Mallard.  One of the Mickelbergs, released from prison, was flying an aeroplane which
     "ran out of fuel," fatally for him.
       The Webmaster is proud to say he tried to sell the "Stitch" while it was banned and afterwards, and attended the 
    ceremony in a bookshop, Hay Street, Perth, at which it was officially "relaunched" after the ban ended.  
    One of the allegedly minor sideshow bit-part actors in the lawless destruction of Ray, Peter and Brian Mickelberg had 
    later entered the place where laws can be changed, and is retiring from there in 2008! ENDS.]


     Estelle Blackburn, 1992,
     which exposes  that John Button and Darryl Beamish (a deaf-mute) went to prison for murders they did not commit.


    Besides the women and men he murdered and injured, Eric Edgar Cooke's rampage also was partly to blame for 
    two innocent men, John Button and Darryl Beamish (a deaf-mute) going to prison for murders they did not commit.
    How the police got confessions from Cooke, and then got him to issue retractions, is one of the amazing parts of 
    this wonderful book by Estelle Blackburn, BA, journalist and later public relations officer.
       Some of the detectives and others involved ought to have been charged with something, and punished themselves, 
    because it was obvious that John Button was innocent.
       The John Button miscarriage of justice was just one such by the Western Australian police force and the courts
     in the 20th century.
       Eric Edgar Cooke, who had a hare lip and a speech impediment, was 17½ years old on October 15, 1948, in the
     first stealing incident recorded in this book.  He stole a torch and a travelling clock, total value £3/13/- from a city 
    flat occupied by John Birman, the assistant director of Adult Education. (p 26)
       The book goes on, detailing his accidents at work, his marriage and subsequent children, his night-time prowling 
    and stealing of small moneys etc and of cars and deliberately running people down (starting in 1958, p 46), 
    his regular cat burglar exploits, and then his murder of women.
       He stole first one rifle, and later another, using them to shoot men and women, either in their cars or at home 
    or in bed (Jillian Brewer, p 88).  He had spent some time in prison for some of his minor crimes.
       Yet he was not even really suspected of the major killing spree, which had Perth in fear in the early 1960s, 
    until a woman picking bush flowers stumbled across where he had stashed the second rifle.
       The book gives details of how the lives he had broken, including the families and the surviving victims, and 
    his own wife and children, continued afterwards.
       Some of the blame must fall on his father, who had hated him from birth and had belted him repeatedly.
       Cooke was the last man hanged legally in Western Australia; it was on Monday, October 26, 1964.
    http://www.multiline.com.au/~johnm/australia/austbooks.htm#broken_lives
       DETAILS: Stellar Publishing P/L, http://www.margaret-river-online.com.au/brokenlives , revised 1999 (orig. 1998), 
    ISBN 0-646-36173-2; 410 pp + vi pp, soft covers, 16 x 24 x 2·7 cm (6¼ x 9½ x ~ 1 inch), contents, appendices, 
    photographs and photostats, map, author interviews, acknowledgements.  UK £12·50, AUD $24.95, US $17.50. 
    (To this webpage Apr 10, 2009). [Revision 1999] 

    [2007]
    On September 8th, 1993, the police ran a "dob-in-a-paedophile" campaign called "Operation Paradox". 
    Phil Burrows became the innocent victim of an anonymous phone call, suggesting he had pornographic 
    materials at his home. A search of his flat found a series of photos taken in the course of his studies into
     children's playground rhymes. On the basis of one of these photos, he was charged with 3 counts of indecent dealing.
       His life was turned into a living nightmare. This remarkable story tells of the acts of malice,
     as well as mistakes, that can have tragic consequences. Above all, it shows how frail our rights and 
    liberties really are.
    The Author
       Phil Burrows is 48 years of age and has been teaching for 27 years of those years.
       A dedicated teacher, his career with the W.A. Education Department has included appointments from 
    classroom teacher to Principal. His academic life has been relentless, involving over 10 years external 
    studies and another 6 years part time, during which he completed a Master of Education degree.
       Phil has published extensively, both in his academic field of language and concerning Civil Liberties. 
    He has served as Secretary of the W.A. Council for Civil Liberties and feels that issues of liberty and 
    justice are of first importance. 
       Publishing details: State School Teachers' Union of Western Australia, and Foundation Press, Perth (Western Australia), 
    1995, 82pp, 14 x 22 cm (5 1/2 x 8 1/2 inches), soft covers, illustrations, no footnotes, no index. ISBN 1 875 778 03 9, $AUD 10.00.
    [2007]

    The Fifth Estate

      
    , 2007, Terence J. McLERNON ©2006
    The Fifth Estate
     In this entertaining and humorous exposé of the rogues and rapscallions of the new criminal elite, 
    The Fifth Estate
    , Terence McLernon uses his skills and knowledge as a former police officer and
     private investigator to highlight sundry rorts and scams.  Often they involve the still-intact police
     culture by
     which corruption has become ingrained in our society.
    Meet Two-Gun Elroy, Tatiana the Fake Russian Psychic, the bold Duck and the 
    Fearsome Featherfeet, supported by a bizarre cast of miscreants from the netherworld and lower.
       Frenzied nights of nuptials are entwined with bribed officials, Chinese ho's, mad terrorist 
    bombers and the night-time jaunts of Charlie 88 – the battered Squad Car on crawl around
     the clubs, pubs and sinners of Fremantle Town. Just another day at the crazy farm.
    Extract from pp 220-21: "… Nevertheless the Fifth Estate wallopers are responsible for
     such convictions of the innocent as John Button, Darryl Beamish, Ray, Peter and 
    Brian Mickelberg, and Andrew Mallard, to name but a few.  
    What happened to these individuals is atrocious and they should be
     financially compensated immediately."
    The Fifth Estate
    Terence J. McLernon is the fifth generation of his family to enter the Western Australian Police 
    Force.  It is a record in Australia yet to be surpassed.  After a highly trained career in 
    the Royal Australian Air Force, Terry joined the Wallopers.  As a mature man he was deeply 
    unimpressed by the Cult of the Copper whereby the power to do good was perverted to 
    private purposes of commerce and control.  He views the sub-strata of corrupt officials and
     police as being The Fifth Estate, the new 'untouchables.'  This is Terry's first book. 
    However, he is working on a sequel, entitled Charlie 88.  (From the back cover.)
    BlackDogsBarkingBooks NOT DISPLAYING Dec 30, '08
    Publishing details: Black Dog Barking Books, http://www. blackdogs barkingbooks. com (NOT DISPLAYING Dec 30, '08) , 
    Perth (Post Office Box Z 5392, Perth, WA, 6001, Australia.) ©2006, published 2007, 224pp, 15 x 21 cm (5 7/8 x 8 1/4 inches),
     soft covers, photographs and photostats, contents, no footnotes, no index. ISBN 0 646 46871 5, © 2006 Terence John McLernon
       LINK for book: http://www. terence jmclernonbooks. com/content/ books/5th- estate/ thefifth estate.php
    http://www.multiline.com.au/~johnm/australia/austbooks.htm#the_fifth_estate


    PARTIAL CONTENTS and ANCHOR LIST (After reading an article, use Browser's "Back" button 
    to return to Anchor List)
    • Broken Lives, Estelle BLACKBURN. PERTH, W. Australia. Serial killer Eric Edgar Cooke, and the imprisoning of 
    John Button for a murder that Cooke had committed.  Cooke and others had confessed to the same crimes! 
    (orig 1998) 1999
    • The Burke Ambush; Corporatism and Society in Western Australia, Patrick O'BRIEN (ed.). W. AUSTRALIA. 1986
    • The Burkes of Western Australia. Brian PEACHEY. ? 1990s
    • Burke's Shambles; Parliamentary Contempt in the Wild West, Anthony McADAM and Patrick O'BRIEN.
     W. AUSTRALIA. Labor's Brian Burke and his team, the Midland Saleyards sale, WADC, EXIM, 
    the Land Rights Inquiry, Burswood Casino, the M.R.P.A. – W.A. Incorporated! 1987
    • Every Bit of a Circle is Bent; The Fifth Estate - Book III.  By Terence McLERNON.  More exposures of some police, 
    some politcians, and some clergy in W. Australia. 2009
    • The Executive State; WA Inc. & The Constitution, Patrick O'BRIEN and Martyn WEBB (editors). W. AUSTRALIA. 
    $1 billion wasted. 1991
    • The Fifth Estate, by Terence J. McLERNON. W. AUSTRALIA. False evidence led to the convictions of the innocent 
    including John Button, Darryl Beamish, Ray, Peter and Brian Mickelberg, and Andrew Mallard. © 2006; 2007
    • The Fifth Estate,The Sequel; If the Hat Fits, Wear It, by Terence J. McLERNON.  W. AUSTRALIA. Exposes police
     false evidence, and the RC Christian Brothers' sex abuse. 2007
    • The Godfather: The Life of Brian Burke; Quentin BERESFORD. 2008
    • Indecent Dealing; The Nightmare of an Innocent Teacher, by Phil BURROWS.  A Western Australian teacher's passion
     for children's playground rhymes ended with him being charged with indecent dealing.  His union and a staunch 
    friend stood by him. 1995
    • The Mickelberg Stitch, Avon LOVELL. PERTH, W. Australia, 1985
    • Rebuilding The Federation, Richard COURT, MLA, Premier of Western Australia. Many State powers have been 
    filched by Canberra. 1994
    • The Rise and Fall of Alan Bond. Paul BARRY (of ABC TV's Four Corners in the 1990s). PERTH, W. Australia, 
    2000 (revised).
    • Untamed and Unashamed, by Pauline HANSON.  Kiss and Tell, OR, How David Oldfield entered the Hanson camp. 
    (Pauline Hanson's One Nation which got 1 million votes one year, gradaully spiralled downwards.) 2007

    BlackDogsBarkingBooks NOT DISPLAYING Dec 30, '08 Publishing details: Black Dogs Barking Books
    http://www. blackdogsbarking books.com 
    NOT DISPLAYING Dec 30, '08), Perth
    (Post Office Box Z 5392, Perth, WA, 6001, Australia.) 
    ©2007, published 2007, 200pp, 15 x 21 cm
    [1985]

    The Fifth Estate The Sequel 
    If the Hat Fits, Wear It
    This book covers some aspects of the twistings and turnings of Western Australian politics. The Labor Government and the Australian Labor Party are split with differences, factional hatreds and allegiances, personal favours, and private interests.  The Government should be junked, but the economy is so buoyant that kindergarten 
    kiddies could manage it. 
    But it is streets ahead of the Liberal and National Parties.
       The power behind the Labor throne is Jim McGinty, Premier and ex-journalist 
    Alan Carpenter being a compromise.
       Chapters 4 and 5 are about how two prostitutes made a professional tour to Port Hedland,
     allegedly with an unofficial "permission" from some police, in spite of the police superintendent's 
    express prohibitions of gambling and prostitution in the area.  The women tried to get a sporting 
    club to hold a raffle, with one of them as the prize!
       Chapter 6, "The Fat Wallet Mob 'Flow Charts'" details the story of people involved in mining 
    and other shares.  Some of the people are supposedly ex-bankrupts and ex-prisoners.
       In chapter 7 WA Attorney-General Jim McGinty is said to have been sent a copy of the 
    previous book, by a contact of Mr Ray Mickelberg, one of the family that it is said had been 
    wrongly convicted over the Perth Mint Swindle.
       Mr McGinty allegedly returned the book in a plain envelope.  Requests for a response finally 
    were rewarded.
       The chapter exposes alleged police false evidence in the case of a failed attempt to blow up 
    the office where military conscription records were kept in Perth decades ago.
       The author praises Brian Burke and Julian Grill for lobbying to stop the gigantic firm Xstrata 
    from leaving vanadium in the ground in recent years.  Parliamentarian John Bowler acted to save it, 
    but was banished to the back bench in a hypocritical move, though he had saved the WA taxpayer 
    from losing the value to the people of the $32 million spent for this mine.
    THE CHRISTIAN BROTHERS' ORPHANAGES
       Read about a dodgy internet website, Croatia, Laurie Connell's failed investment bank Rothwell's, 
    a Malaysian Sting, and why Scaley hanged himself at a Christian Brothers' orphanage.
       Then there's the story of Tommy Trantrum being sent from Clontarf Boys' Town, freeing him f
    rom a paedophile Christian Brother, to a farm where he shot the farmer's wife and as a result 
    went to prison.
       Then follows page after page about the four Christian Brothers' orphanages in WA – Clontarf, 
    Castledare (both in Perth), Bindoon, and Tardun.
       Fifteen Brothers allegedly either had sex or quasi-sex, and/or gave cruel beltings to a boy 
    called Fred Smith.  Urinating on him and bare-bottom beltings are described, with the names 
    of the paedophile-sadistic offenders.
       The exposé of the Christian Brothers by Barry Coldrey, and the campaigning and publications 
    of the late Bruce Blyth are covered.
    McGINTY, McVEIGH, McMAHON
       Jim McGinty had spent time at a Roman Catholic seminary.  His sister Susan became a nun. 
    Father Anthony McMahon was sent to Kwinana parish.
       "Now, Jim is a cousin of mine but it could not be alleged that we are close.  
    No, not close at all." (p 130)
       Leo McVeigh at the age of five was being babysat by the priest and the nun, and while with 
    the priest only was allegedly sexually abused.  (The priest and the nun fell in love and married.)  
    He told Church authorities in 1998.  He tried to get the police's sexual abuse unit to investigate, 
    but it didn't.  The author thinks that the relationship with highflyers is why no apology was made, 
    nor justice served.
       "Holy Double Cross" is the story of the widow Mrs Catherine Musk who in 1947 left £47,000 
    in trust (worth millions now) so that suitable Bindoon boys would be helped to be set up on their
     own farms. (p 157)  None of the money went to the boys. The Church went to court to ask it to 
    allow the balance, $167,000 in 2006, to be used for scholarships for deserving students to attend 
    at Bindoon a commercial agricultural college – run by the Brothers.  Paying themselves again.  
    See Gary Adshead's report, The West Australian, January 24, 2006. (p 159)
       Senator Andrew Murray (retired June 30, 2008) tried to help justice.
       On page 174 the author writes "Mr Kucera had made a habit of falsifying witness statements.  
    Way back in 1972 … Mr Kucera … had a confession from Ripley.  The similarity between the 
    fabrications in the Mickelberg case … 
    Ripley unjustly got 5 years jail and Kucera a feather in his cap."




    Skilfully sledging the crooked scammers who continue to plunder the community chest, Terence McLernon extends his 
    knowledge as a former police officer and private investigator to unravel the corrupting structure of white collar crime.
    His unforgiving exposure of the iniquities of High Church sexual abuses continues unabated. 
       Indeed, the visit of the Pontiff to Australia for a World Youth Day provides a vehicle for his wry observation that 
    if he had been Police Commissioner, "? and some short Italian with a name starting with Rat, whose predecessors
     infamously used stand
     over tactics to make a huge fortune from tithing, landed his jumbo jet on my beat, then, surrounded by armed bodyguards, 
    alighted wearing a dress and little red booties -- claiming to be JC’s representative on Earth -- I would immediately have him
     arrested, drug-tested and his plane searched for missing orphans."
       Extract from Chapter 11: The prosecutor was a Mr Lloyd Rayney from the office of the DPP. Now where have we heard
     that name before? Mr Rayney is now probably best known, rightly or wrongly, as the only person of interest in the murder 
    of his wife, Corryn. Mr Rayney was so described by the Officer in Charge of the Police inquiry into the murder, one 
    Detective Sergeant Jack Lee. Strangely enough, as matters often are in Perth investigative circles, the said officer then 
    promptly took up a posting to a country Police Station to further his chances of promotion in the future. Good for him, 
    of course, but not so good for Mr Rayney who is still left with Jack Lee’s tag but as yet uncharged.



    One instantly thinks of that infamous Assistant Commissioner of Police, Caporn, who had control of the inquiries into 
    the Claremont serial killings only to tag and eventually name a public servant as the main suspect for over a decade only 
    to be wrong again. This act caused untold harm to the reputation of the public servant and wreaked havoc on his
     and his family’s life.
       Then again, Mr Caporn did go on to redeem himself by getting an unfortunate indigent, Mr Andrew Mallard,
     sent down for the murder of a shopkeeper for 12 years hard before the real murderer was outed by someone else. I
    t was whilst resting on his wonderful success in the Mallard conviction that Caporn led a decade long inquiry into 
    the murder of numerous young women in the suburb of Claremont, once again unsolved as investigations concentrated 
    on one suspect seemingly to the exclusion of others, as in Mallard, Button, Mickelberg, etcetera and so on. 



    [(E-mail of July 23, 09) 2009] 


    INFORMATION CLEARING HOUSE NEWS FEED
    INFORMATION CLEARING HOUSE NEWS FEED


    STRANGE AUSTRALIAN JUSTICE
    http://images.google.co.uk/imgres?imgurl=http://www.news.com.au/common/imagedata/0,,5228330,00.jpg&imgrefurl=http://stju.blogspot.com/2006_08_01_archive.html&usg=__e1z6GBhKBkuHGgCvhG1JFSgwl2c=&h=240&w=350&sz=15&hl=en&start=18&sig2=o3b5vlnfFlg5UMG3G2vsSg&tbnid=qo3GTGAaPogzUM:&tbnh=82&tbnw=120&prev=/images%3Fq=peter%2Bmickleberg%26gbv=2%26hl%3Den%26sa=G&ei=xmvvSqCLMJ2TjAfFlcisDQ

    Shameful Mickleberg case in Australia: Justice still being sought

    The case of the forged fingerprint

    Two brothers jailed over the infamous 1982 Perth Mint swindle are suing a former government minister over their wrongful convictions. Ray, Peter and the late Brian Mickelberg were convicted in 1983 of defrauding the Perth Mint of $653,000 in gold bullion in exchange for worthless cheques.

    Ray, who served eight years of a 20-year jail sentence, and Peter, who spent six years behind bars for the scam, fought for years before a legal appeal was successful and their convictions were overturned in 2004. The success of their eighth appeal was largely due to a confession by corrupt detective Tony Lewandowski, who admitted that detectives, including lead detective Don Hancock, had fabricated evidence.

    After their conviction was overturned, the Mickelbergs launched a civil suit against the West Australian government and six police officers involved in their case for an estimated $11 million in compensation. News Ltd reported the Mickelberg brothers were now also suing former police assistant commissioner and Labor minister Bob Kucera over their wrongful conviction. The latest suit comes after the brothers reportedly bought for $5,000 a box of sensitive police documents that were found at Lewandowski's ex-girlfriend's home in Thailand.

    Mr Kucera, who was not one of the detectives involved in the case, has been accused of being part of the police conspiracy to support the Mickelbergs' wrongful conviction. Two of the detectives closely involved in the case have since died, Mr Hancock was killed in a bikie car bomb attack in September 2001, and Lewandowski committed suicide in May 2004. Brian Mickelberg had his conviction overturned after nine months jail. He died in a light plane crash in 1986

    Report here


    Background on the case:

    Raymond and Peter Mickleberg made four unsuccessful attempts to have their convictions overturned - three appeals to the Court of Criminal Appeal, at which Mr Lewandowski and Mr Hancock testified, and an appeal to the High Court. 

    Mr McGinty said Mr Lewandowski had admitted that he and Mr Hancock had fabricated confessions from the brothers, and had lied at the trial and the appeals. He had also admitted that Peter Mickelberg was stripped naked and beaten by interviewing officers during the investigation. 

    Mr Lewandowski had said he had not come forward earlier because he had not wanted to cross Mr Hancock, who died in a car bombing in what police believe was a payback killing by Gypsy Joker bikie gang members after the murder of a gang member in 2000. Mr McGinty said Mr Lewandowski's belated admission - if it were truthful - would strike at the heart of public confidence in the justice system. "This is one of the most high-profile police investigations we have seen in Western Australia, and if it was found that convictions were obtained by police fabricating evidence, the ramifications are enormous." Mr McGinty has referred Mr Lewandowski's affidavit to the royal commission into alleged police corruption, which is due to recommence hearings on July 1. 

    The robbery on June 22, 1982, was the most audacious ever staged in Perth - an ingenious swindle which saw 49 gold bars spirited out of the impregnable Mint to a mystery hiding place. Although the evidence against the Mickelbergs was compelling - in particular Ray Mickelberg's fingerprint on one of three fake cheques used to pay for the gold - the brothers insisted from the start that the police had framed them. They said the detectives, led by Don Hancock, had lied at their trial in the District Court, had fabricated confessions by all three, and had planted the damning fingerprint. 

    It would have been easy for the police to get hold of a mould of Ray's finger, they said. One of his hobbies was casting hands, in brass, plastic, rubber and perspex. There were about 20 of the hands in his Marmion Beach home when the police first arrived, and several were taken away for inspection. 

    In 1989, 55 kilograms of gold pellets, said to have been from the swindle, were found outside a Perth television station, accompanied by a note protesting the Mickelberg brothers' innocence and claiming that a prominent Perth businessman was behind the swindle.

    Report here

    Meet Australia's judge Go-Lightly


    A former teacher who had a relationship with a 14-year-old schoolgirl and then threatened her to stay silent has escaped jail after civil libertarian judge Ian Dearden [above] accepted the actions were at the "less serious end" of sexual offences. Attorney-General Linda Lavarch immediately set in train a possible appeal after Steven Peter Quick, 29, walked from Southport District Court, despite pleading guilty to indecently dealing with a child and taking an indecent image. 

    Judge Dearden said "blind Freddy" could have seen that the relationship, which included Quick filming the girl as he caressed and sucked her breasts, was "a complete no-go zone" and a jail term would normally be imposed. But Judge Dearden, a former Queensland Council of Civil Liberties president, accepted a defence submission that there were "exceptional circumstances" that warranted Quick being given a wholly suspended 18-month prison sentence and community correctional order. These included that the offences were at the "less serious end" of sexual offending, that Quick was "crippled psychologically" by his guilt and had been publicly shamed.

    Quick was a maths and science teacher in central Queensland in 2004 when he formed a "close friendship" with the girl. In the September 2004 school holidays, Quick drove the girl to a location near Bundaberg, where he filmed the girl as he sucked and caressed her breasts. When the Crime and Misconduct Commission launched an investigation, Quick rang the girl and told her to lie for him or he would "come back to hurt her". 

    Calling for at least three months of actual jail time, Crown prosecutor Bob Falconer said Quick had "flagrantly ignored" the trust placed in him. Defence solicitor Bill Potts said while the relationship was "very inappropriate", the schoolgirl had initiated much of the contact and she and Quick had planned to run away to "a happier place". 

    But Judge Dearden said he accepted a psychologist's report that Quick was "crippled psychologically" with remorse, had no pedophilia tendencies, was unlikely to re-offend and did not pose a danger to the community. Judge Dearden cited a Court of Appeal decision that set a precedent for suspended sentences for indecent dealing offences in "exceptional circumstances". He told Quick the suspended sentence "should not be seen in any way as a lessening of the punishment". A spokesman for Mrs Lavarch said she had asked the Director of Public Prosecutions for a report on a possible appeal against the decision.

    Report 
    here



    More on judge Dearden

    Yesterday was not the first time Judge Ian Dearden has given a controversial soft sentence. In February this year, Brisbane man Brett Ashley Connor appeared before Judge Dearden charged with with possessing 90 child porn images. The judge sentenced Connor to nine months' jail wholly suspended because of mitigating factors including Connor's co-operation with authorities and the lack of apparent distribution of the images.

    In March this year, brothers Shammi and Shamal Chand escaped jail in Dearden's court after pleading guilty to savagely bashing an invalid pensioner with a baseball bat. Handing both brothers wholly suspended jail sentences, Judge Dearden said he took into account their own misery following the death of their father, the difficulties Shammi Chand faced supporting his extended family and Shamal Chand's battle with drugs and mental illness.

    In August last year, Judge Dearden also said he would "take a punt" on serial fraudster Julia Antonia Villiers who faced court charged with defrauding a Brisbane beauty clinic. Despite previously serving time for stealing as a servant and breaching a subpoenaed sentence, Judge Dearden handed Villiers a 12-month intensive correctional order.

    Judge Dearden's appointment to the bench in February last year was criticised by Opposition Leader Lawrence Springborg, who questioned how the former Queensland Council of Civil Liberties president could remain impartial.

    Report 
    here
    http://netk.net.au/australia/Mickelberg.asp

    Ray and Peter Mickleberg who both spent year in gaol for crimes they did not commit, who were stre up by corrupt polcie, a corrupt judge and corrupt prosecutors all in aid of protecting the real criminal who comitted these crimes with other Inspector Ron Hancock, who was in charge of the actual Perth Mint Swindle Investigation that the Micklebergs where charged for..Inspector Ron Hancock took the wrong people on in the end by shooting a member of a bikie gang in Kalgoorlie after as he accused himn of insulting his daughter at a pub he owned in Kalgoolie near his gold mine..which he used as a front to sell the gold he stole from the Perth Mint with a false $1 million Perth Building Society Cheque ...the bikie gang in response planted a bomb under Ron Hancocks car outside his home and he and his freind died in the explosion...
    We suppose that Ron Hancock must have lived and believed the old saying..
    "live by the sword and die by the sword.."
    Note: It was clear the Micklebergs had nothing to do with the death of Ron Hancock..


    The Mickleberg Stitch

    Mickelberg v The Queen [1989] HCA 35; (1989) 167 CLR 259

    This version of the judgment has been prepared by: Dr Robert N Moles and Bibi Sangha
    Underlining where it occurs is for editorial emphasis]

    External link to full text of Mickelberg v The Queen
    Australian legal cases homepage
    A state of Injustice - table of contents
    Losing Their Grip - The Case of Henry Keogh - table of contents

    Mickelberg 2004 West Australian Supreme Court - appeals allowed

    Mason CJ

    This case involves the convictions of Raymond and Peter Mickelberg [RM and PM; together “the Ms”]. I am in agreement with Toohey and Gaudron JJ. My comments relate to the submission that:
    this Court has power to receive fresh evidence in an appeal from a Court of Appeal [CA];
    to the effect of the concession made in this Court by counsel for the respondent that pins were placed in the WABS cheque when it was photographed in Canberra by Dr Hilton Kobus and not before;
    to Peter Mickelberg's contention, raised in this Court for the first time, that his convictions are unsafe and unsatisfactory;
    to the test to be applied by an intermediate appellate court when deciding to set aside a conviction on the ground of fresh evidence.

    The Ms sought to place before this Court additional evidence which was not before the CA. Over the years this Court has consistently maintained that it has no power to receive fresh evidence in the exercise of its appellate jurisdiction. They argued that the relevant decisions are wrong and should not be followed. Before turning to the argument, I should identify the nature of the additional evidence on which they sought to rely.

    The Ms sought to establish:
    That evidence given by police witnesses as to the date of the photographing of the fingerprint on the WABS cheque was wrong.
    That evidence given by police witnesses that the print had disappeared when the cheque was returned by Dr Kobus from Canberra was wrong.
    That the negatives tendered in evidence purporting to be the original negatives of photographs of the fingerprint taken by Dr Kobus in Canberra, are not the original negatives but are copies which must have been made by the police after the originals had been sent by Dr Kobus from Canberra. According to the Ms the originals are not in evidence.
    That, following his conviction, PM gave instructions to appeal against his conviction for conspiracy.
    That the chassis number said by the police to be that of a burned-out car in Wanneroo was not the chassis number of a 1965 Ford Falcon sold by Mr and Mrs Allen in May 1982. According to the Ms the significance of the new evidence is that it would throw a cloud of doubt over the inference to be drawn from the presence of RM's print on the WABS cheque. The evidence is intended to provide an explanation for PM's failure to appeal within time against his conviction for conspiracy. A subsequent application for an extension of time was refused. The evidence is intended to displace part of the evidence linking PM with the conspiracy, that is, his connection with the car allegedly used in the execution of the conspiracy.

    The Crown did not accept the additional evidence and sought the opportunity to test it by cross-examination and to adduce evidence in reply should the Ms argument prevail. S73 of the Constitution confers upon the High Court jurisdiction "to hear and determine appeals from all judgments, decrees, orders, and sentences" of the persons and bodies referred to. The Ms contended that this power should be widely construed, that it contains no fetter preventing the Court from considering fresh evidence and that prima facie, apart from policy considerations, the Court is empowered to receive fresh evidence for the general purpose of doing justice.

    The powers of the Court "are of the widest character which true appellate jurisdiction may possess":  Victorian Stevedoring and General Contracting Co Pty Ltd and Meakes v Dignan 1931, and that s.73 contains no express fetter preventing the Court from considering fresh evidence. But unless the reception of fresh evidence is truly a part of the Court's appellate jurisdiction, then the absence of such a fetter is irrelevant.

    The authorities in this Court stand clearly for the proposition that the reception of fresh evidence is not a part of the appellate jurisdiction of the Court. The Ms challenged the reasoning on which these authorities are based on the ground that the reasoning depended on old English authorities which have been overtaken by more recent decisions. They made the point that, at a time when an appeal lay from this Court to the Privy Council, the Court was influenced by the circumstance that the Court of Appeal and the House of Lords did not receive fresh evidence. As it is now clearly established that both the CAppeal and the House of Lords receive fresh evidence, there has been a material development which justifies reconsideration of the existing authorities.

    In Ronald v Harper 1910 this Court unanimously rejected the submission that it had jurisdiction to receive further evidence in support of an application for a new trial; it said the Court had no such jurisdiction, and referred to Flower v Lloyd 1877 UK, where the CA decided that it had no power to receive fresh evidence and that it would be a dangerous practice to allow it. Birch v Birch 1902 UK expressed the same opinion. However, the references were not central to the reasoning in the cases and made the point of policy that it would be undesirable for the Court to exercise such a power. The other members of the Court made no reference to the position of the CA and confined themselves to the jurisdiction of the High Court under the Constitution. Barton J was "strongly disposed" to think that there was no such jurisdiction. O'Connor J observed:    

    "It is abundantly clear from sec.73 of the Constitution that the High Court can review a judgment of a State Court only by way of appeal. Acting on that view the Commonwealth legislature, in equipping this Court for the discharge of its duty, has recognized its authority to act in respect of the judgments of State Courts exercising State jurisdiction in no other way than by appeal. To determine as a Court of first instance the facts upon which these new grounds of appeal rest would be obviously to exceed the jurisdiction vested in this Court by the Constitution."

    Griffith CJ said that it was clear that the primary judgment "would not be set aside unless there were, at least, a reasonable probability that the new evidence sought to be given would make a difference in the result". However, this was neither a statement of principle nor the formulation of a test for the receiving of fresh evidence, but merely an indication that the plaintiff had not been harmed by the Court's lack of jurisdiction.

    Since Ronald v Harper, this Court has consistently maintained that it lacks power to receive fresh evidence, whether due to Constitutional limitation or to the absence of express statutory authority: see Victorian Stevedoring; Davies and Cody v The King 1937; Grosglik v Grant (No. 2) 1947; Crouch v Hudson 1970.

    Underlying this uninterrupted stream of authority are 2 propositions.
    1 An appellate court, in hearing an appeal, is called upon to redress error on the part of the court below. In deciding whether there was error, the appellate court looks to the materials which were before the court below. It is otherwise if, according to the statute governing the jurisdiction of the appellate court, the appeal is by way of rehearing. Then the court of appeal is not restricted to the materials on which the court below gave its decision and may receive additional evidence, including evidence as to matters which have taken place subsequent to that decision: Victorian Stevedoring contrasted the appellate functions of the Privy Council and the CA UK. The PC's prerogative jurisdiction was to decide whether the judgment complained of was right when given on the materials before the court below:  Ponnamma v Arumogam1905; Donegani v Donegani 1835; but cf Judicial Committee Act 1833.

    The appeal to the CA UK, on the other hand, was by way of rehearing: Victorian Stevedoring, and enabled it to receive further evidence when hearing an appeal. Thus, the Court was entitled and ought to hear the case as at the time of rehearing: Attorney-General v BirminghamTame, and Rea District Drainage Board 1912. But the jurisdiction of the CA differed from that of a court hearing an appeal in the strict and proper sense of the term. The Court of Appeal's discretion to receive further evidence has been much discussed in England:Curwen v James 1963; Murphy v Stone-Wallwork (Charlton) Ltd 1969; Mulholland v Mitchell 1971; McCann v Sheppard 1973. But that discussion throws no light on the answer to the question presently under consideration. It seems that the House of Lords has power to receive further evidence in civil appeals. Just what is the source of the power is not altogether clear. Murphy v Stone-Wallwork: "Your Lordships' House has no similar rules of procedure governing your Lordships, but I have no doubt that your Lordships have ample power to admit further evidence ..."

    The Directions as to Procedure applicable to Civil Appeals to the House of Lords provides for the making of an application for leave to introduce fresh evidence. The Rule appears to assume the existence of an authority to receive such evidence but the authority is not identified.Barder v Caluori 1988: "In appeals from the High Court to the CA, and from the CA to your Lordships' House, there is a discretion to admit evidence relating to supervening events where refusal to admit it would plainly cause serious injustice." The reference was to a supervening event which invalidates an assumption or estimate made at the time of the hearing of a matter. The calculation of damages may be based upon an assumption which is invalidated or falsified by subsequent events. That is a special situation because the court below has made an assumption or estimate as to a specific matter which has later been proved to have been erroneous.

    The principle that justice requires cases to be decided as far as practicable upon the basis of facts, rather than assumptions or estimates in relation to those facts and subsequently found to be incorrect, may require such cases to be treated differently. The House of Lords' power to receive further evidence, is not, in my view, a reliable guide to the jurisdiction of this Court under s73 of the Constitution. The power of the English courts to set aside orders or to order new trials on the basis of further evidence was significantly affected by the Supreme Court of Judicature Act 1873 (UK) which vested in the CA the jurisdiction to order a rehearing; Re Barrell Enterprises 1972. The developments in the law in this respect in England are therefore not of direct relevance to the interpretation of s.73 of the Constitution which governs the appellate jurisdiction of this Court.

    The second basic proposition underlying the stream of authority already mentioned is that s.73, in conferring appellate jurisdiction on this Court, contains nothing to suggest that the Court is "to go beyond the jurisdiction or capacity of the Court appealed from": Victorian Stevedoring,. Indeed, by differentiating between original and appellate jurisdiction and by making different provisions for their exercise, the Constitution reinforces the notion that, when it refers to the appellate jurisdiction, it is speaking of appeals in their true or proper sense.

    Isaacs J (dissenting) in Werribee Council v Kerr 1928 stated that no appeal from a State court exercising federal jurisdiction could be a rehearing because it would involve this Court exercising original jurisdiction as State judicial power. Whether this could be done under ss75 and 76 and 51(xxxix) of the Constitution is not a matter that needs to be discussed. Victorian Stevedoring referred to The Commonwealth v Brisbane Milling Co Ltd 1916 which inclined to the view that it was not possible to confer the additional power on the Court by way of a grant of original jurisdiction. There are two statements which may appear to be inconsistent with the course of authority in this Court. The first is Scott Fell v Lloyd 1911: "If necessary in the interests of justice the Court could send the case back to the Supreme Court for the purpose of obtaining further evidence." There may well be cases where this course may properly be followed: Pantorno v The Queen 1989. But it must be read subject to the cases which follow it and especially Ronald v Harper.There is no foundation in M's submission that the decisions of this Court are based upon misconceptions about the powers of the English Court of Appeal or that the jurisdiction of that Court is a reliable guide to the appellate jurisdiction of this Court under s73.

    It remains for me to consider the argument that the grant of appellate  jurisdiction necessarily gives the appellate court power to do complete justice between the parties and that such a power entails the power to receive further evidence.

    There is force in the argument that, in the light of contemporary notions of justice, a grant of appellate jurisdiction to a court should be understood as empowering the court, in its discretion, to receive further evidence with a view to determining whether the decision of the court below was erroneous and, if so, what order should be made in its place. On the other hand, the authorities make it clear that in 1900 a mere grant of appellate jurisdiction would not be understood as carrying with it a power to receive further evidence. Moreover, the division between the original and appellate jurisdiction of the Court makes it all the more difficult to sustain this aspect of the argument. As noted inVictorian Stevedoring, to do complete justice between the parties litigant by making an order which the court below had not jurisdiction or power to make "smacks rather of original jurisdiction". However, it may be that the existence of a discretion to receive evidence of supervening facts on matters which were the subject of assumption or  estimation in the courts below: Barder v Caluori; is properly part of appellate jurisdiction. It may be that appeals in Constitutional cases stand in a different position; the Court possesses an original jurisdiction in Constitutional matters. For the purposes of disposing of the present case, it is not necessary to decide these questions. Accordingly, I reserve my opinion on them.

    My conclusion is that the Court has no power to receive the further evidence which the applicants seek to adduce . That conclusion should not be understood as denying the capacity of Parliament to confer on the Court power to receive fresh evidence in appeals, at least in those appeals which involve the exercise of federal jurisdiction.

    Closely related to the further evidence which Ms sought to introduce was the use which they attempted to make of a concession made by the Crown that pins had not been placed in the WABS cheque before it was sent to Canberra on 16 July and that pins were placed in the cheque when it was photographed in Canberra by Dr Kobus. Both elements of the concession are relevant to the question: when was the photograph of the cheque which was admitted into evidence at the trial taken? The Crown submitted that the concession itself amounted to fresh evidence.

    True it is that the presence of the pin marks in the cheque was not observed at the trial and that it could have been noticed then. To the extent that the evidence relates to the actual presence of pin marks in the cheque, the evidence is not fresh. But the facts which are the subject of the concession are facts which were not proved or admitted at the trial or in the Court of Criminal Appeal. No doubt material which explains or records what happened in the courts below, including the trial court may be introduced in an appeal in this Court. But the concession is not material which falls into this category. Although the concession seeks to explain something that was put in evidence at the trial, it asserts new facts relevant to the issues which arose for determination at the trial. The concession amounts to further evidence. The fact that it is undisputed evidence does not suffice to give this Court jurisdiction to consider its effect.

    I agree with the conclusion of Toohey and Gaudron JJ that the CA failed to determine the whole case referred to it and that the question whether PM's convictions are unsafe and unsatisfactory is fairly arguable. I agree also that special leave to appeal should be granted to PM to enable the Court of Criminal Appeal to consider, by reference to the whole of the evidence, excluding of course the further evidence sought to be adduced in this Court, whether his conviction for conspiracy is inconsistent with the acquittal of BM and whether his convictions are unsafe and unsatisfactory, notwithstanding that the convictions were not challenged in the CA on these grounds. Although the failure to argue the points in that Court would in other circumstances be a strong reason for refusing special leave to appeal, the fact that the Executive Government referred the whole case to the CA for determination under s21 of the Criminal Code (WA) is a decisive countervailing factor.The reference indicates the existence of public concern about the propriety of the convictions. That concern will not be satisfied unless there is a judicial decision resolving the contention that the convictions are unsafe and unsatisfactory, when that contention is fairly arguable. Largely related to that question is the argument that PM's conviction for conspiracy cannot stand alongside BM's acquittal.

    Whether or not the reluctance of this Court to grant special leave to appeal on the basis of argument presented for the first time in a case before this Court is founded upon the nature of its appellate jurisdiction or, as I am inclined to think, the exercise of discretion is a question which was not argued before us. But it would be surprising if there was a want of jurisdiction when the Court has made many statements dealing with the way in which a discretion may be exercised to allow a point not argued in the courts below to be raised within this Court for the first time. It is clear that only in exceptional  circumstances is special leave to appeal granted when the point relied upon was not taken at trial or in a Court of Criminal AppealMillard v The King 1906; Giannarelli v The Queen 1983. Equally, a point cannot be raised for the first time on appeal when it could possibly have been met by calling evidence below: Coulton v Holcombe 1986; Water Board v Moustakas1988; Pantorno v The Queen. However, that is not the case in relation to the points which PM now seeks to raise. They are points of law based necessarily upon the facts as proved in evidence in the courts below, and as such may be entertained in this Court in the interests of justice: O'Brien v Komesaroff 1982; Pantorno v The Queen.

    It is unnecessary to decide the question in order to grant special leave to Peter Mickelberg. The points relied upon in this Court for the first time fell within the scope of the reference to the CA and should have been pronounced upon by that Court as part of its consideration of the whole case. This Court therefore possesses jurisdiction to consider the matter on appeal for the same reasons as I have already given in favour of the grant of special leave.

    The final matter concerns the appropriate test to be applied by an appellate court in deciding whether to set aside a conviction on the ground of fresh evidence. It is established that the proper question is whether the court considers that there is a significant possibility that the jury, acting reasonably, would have acquitted the appellant had the fresh evidence been before it at the trial. This test was endorsed in Gallagher v The Queen 1986: "no form of words should be regarded as an incantation that will resolve the difficulties of every case"; the court would need to conclude that "a jury might entertain a reasonable doubt about the guilt of the appellant"; the use of the expression "significant possibility" did not involve a different standard. I am in agreement with those statements. We were not asked to reconsider the correctness of the decision in Gallagher. I would grant the application by PM for special leave to appeal and allow the appeal to the extent necessary to allow consideration whether his conviction for conspiracy is consistent with the acquittal of BM and whether his convictions, or any of them, are unsafe or unsatisfactory. I would refuse the application by RM for leave to appeal.

    Brennan J

    Toohey and Gaudron JJ have canvassed the grounds of appeal which were argued in this case. I agree with the conclusions which they have arrived at. This Court has uniformly refused to receive fresh evidence in the exercise of its appellate jurisdiction in criminal cases. The principle was stated in Davies and Cody v The King 1937: "The only power of the court as a court of appeal is to consider and determine whether the judgment of the court appealed from was right upon the materials before that court ... In this case the court is invited to consider fresh evidence. The court has no power to consider that evidence."

    The cases in this Court have spoken uniformly on this subject. I am unable to agree with Toohey and Gaudron JJ that, although this Court generally has no power to consider fresh evidence, the concession made in this Court by counsel for the Crown as to the photograph of the print on the cheque can be regarded in deciding whether the decision by the CA was correct. The jurisdiction of this Court is to pronounce the judgment which the CA should have pronounced: Craig v The King 1933; Pantorno v The Queen 1989 and therefore this Court is required to determine "whether the judgment of the court appealed from was right upon the materials before that court". That function cannot properly be performed by reference to materials that were not before the court appealed from. This Court is not a court of criminal appeal and it is not fitted to receive, test and evaluate evidence which has not been considered in the court appealed from. In an appeal which challenges the evaluation by the CA of the sufficiency of evidence to support a conviction or the cogency of fresh evidence not produced at the trial, this Court cannot have regard to facts which were not before the CA. The notion that the correctness of the decision of the court appealed from can be determined by reference to materials not before that court is inconsistent with the appellate nature of the jurisdiction exercised by this Court.

    Their Honours leave open the question whether there is any practical difference between the formulations of the test for determining whether fresh evidence is such as to warrant the quashing of a conviction. The formulation which, in my respectful opinion, was settled by this Court inRatten v The Queen 1974; and in Lawless v The Queen 1979, is whether the jury, if the fresh evidence had been laid before it together with the evidence given at the trial, would have been likely to have entertained a reasonable doubt about the guilt of the accused. That was the formulation to which I adhered in Gallagher. The test has sometimes been expressed not in terms of "likely" but in terms of "might" Stafford v DPP 1974 UK; Gallagher; or in terms of "significant possibility"; Gallagher. Although I agree with Toohey and Gaudron JJ. that it is not necessary to elaborate in this case upon the differing nuances of these formulae or to decide between them, my preference for the "likely" formula remains.

    That said, I come to the same conclusions as their Honours - indeed, I come to the conclusion in the case of RM more readily. In the case of PM, it is apparent that the evidence against him has not been subjected to the critical examination necessary to determine whether his convictions are supportable. I agree that the reference of PM's case to the CA required that examination to be made and that the matter should be remitted to that Court accordingly. That Court has authority to consider fresh evidence. In so saying, I do not imply any departure from the distinction to which I referred in Chamberlain v The Queen (No.2) 1984; between a case where the CA is satisfied that, on the evidence before the jury, it would be unsafe, unjust or dangerous to allow a verdict of guilty to stand and a case (such as Ratten) where the CA is satisfied that, had fresh evidence been available and produced at the trial, a different verdict would have been likely.

    I would refuse RM leave to appeal. I would grant special leave to appeal to PM and allow his appeal, setting aside the order made by the CA in his case and remitting his case to the CA for determination in accordance with the judgments of this Court.

     





    RON HANCOCK ?

    The last of the Hard Men

    I understand that is the way the former Chief of the CIB, Donald Hancock loved to refer to himself, using the monicker, Hard Man. In fact nothing could be further from the truth. This bloke was best referred to as a businessman licensed to carry arms. His main claim to fame was the fact he had the Mickelberg brothers convicted of the Mint Swindle. History has now seen them exonerated and paid compensation. Instead of taking the way of the hard men, Hancock and his cohorts took the short easy way. There was not enough evidence for a conviction, so take the law into your own hands and manufacture some!
    I understand that is the way the former Chief of the CIB, Donald Hancock loved to refer to himself, using the monicker, Hard Man. In fact nothing could be further from the truth. This bloke was best referred to as a businessman licensed to carry arms. His main claim to fame was the fact he had the Mickelberg brothers convicted of the Mint Swindle. History has now seen them exonerated and paid compensation. Instead of taking the way of the hard men, Hancock and his cohorts took the short easy way. There was not enough evidence for a conviction, so take the law into your own hands and manufacture some!

    Verbals were the order of the day and plenty of Hancock’s followers were ready and willing to oblige. Just fill in the empty gaps with snippets of half evidence that the court accepts on the bent copper’s word that it is a confession. Throw in a couple of random beltings, reports of perpetrators breaking out in tears of remorse and “Wham Bam, thank you Ma’am”, a successful collar goes down, Guilty.

    Hancock went to his grave as the only murder suspect over the shooting of a man in the back from ambush at night in the dark from a distance, all allegedly over a few words to a barmaid. The barmaid was Hancock’s daughter working in the family pub. There was a farcical inquiry led by his old drinking buddies and as they went round and round the garden like pet ducks all the evidence disappeared and Hancock walked away, free.

    There were two competing sets of rules for this high ranking and highly rank cop, one for him and his feckless lot and another for the rest of the community. Cop it sweet.

    Infamously Hancock was once recorded by Ray and Peter Mickelberg on a covert tape that is illuminating of his techniques, bullying and scornful disregard for lawful conduct. It was played to the High Court of Australia.

    His words, to coin a phrase, speak for themselves …

    Hancock: I don’t know what you expect.

    Ray: To live by certain rules.

    Hancock: Well, are there rules?

    Ray: You tell me there are.

    Hancock: No. There might be guidelines but no rules. I could have gone harder.

    Ray: Do you think it would have been wise?

    Hancock: Pride comes into it. Don’t ever challenge me to do something because I’ll fucking well do it all right. You can rest assured about that.

    Ray: You’re mean, Don.

    Hancock: I’m not a mean person, but I’ll tell you what, I’ve done things in my life that you never did, and harder things, worse things, and if I’ve got to do them again, well, I’ll do them.

    Ray: In the line of duty?

    Hancock: That’s it, yes. What I believe is my line of duty – to get the job done.

    It was a pretty bizarre statement that Hancock considered himself to be a harder and tougher man than Ray Mickelberg who had served as a frontline SAS commando in action in Vietnam.

    The term Hard Men should be reserved for men named in the following true story of bravery. Hancock surrounded himself with men like Lewandowski and Colin Circles Pace, hardly inspirationally brave men themselves, either. Pace was allowed to resign from the force labelled as crooked as a dog’s hind leg and corrupt to the core. ‘Weak Men’ is more apt a title befitting these Bent Cops. I do not pretend to talk for the Good Lord but it would appear he frowns on the corrupt members of the Police force. Lets face it, Hancock died a horrible death by bombing, Lewandowski hung himself, and the Pace ending is yet to unfold.

    Maybe their victims are the hard men, some spent 12 years or more in jail and summoned the strength to stay alive in horrible conditions of degradation and pain. Others lost families, fortunes and futures due to these alleged Hard Men taking short cuts rather than doing their jobs properly. They are given enormous powers in the cause of good but that is not enough and they exaggerate themselves as some kind of saviours; vigilantes in the cause of themselves!

    These very men rarely feel the true sting of justice. The general community waits patiently but hopelessly for the administration of an all embracing and equal application of Justice.

    The likes of McGinty and Cock and the judiciary fail to punish the well known perpetrators of official evil. The judges only see what is put before them.

    To finish this series of three books I wish to detail a story showing not all cops are bad, only a very few, hence the following story of bravery, loyalty and honesty. Even the gunman could be said to be brave and honest ‘to his own choice of lifestyle’. Problem was, he kept coming back on most weekends for a couple more potshots at the local coppers. There could only be one ending.

    It is a true story of Hard Men.

    There was this tough local guy who had done some heavy time in Victoria’s infamous Pentridge Prison. Coming back to the West after his extensive jail training he was imbued with an abiding hatred of ‘coppers’. He blamed them for his bad luck, although he was not much of a thief. He was much better as a stand over man using his guns to intimidate victims. Donald Harley Stewart started his violent life of crime as a car thief, moving to Melbourne in his teens, using a stolen car. He was stopped in South Australia and a rifle was found in the car. His two year stint in a reformatory was cut short when he escaped and continued to Victoria, always using stolen cars. Eventually the Victorian police caught up with him and instead of sending him back to South Australia to complete his time there, they had a bundle of their own charges and he went down for six months. Almost immediately after release he went back inside again on car theft charges. Throughout this period his family supported him and encouraged him to go straight which, for a time he did.

    But within two years he was back to his car thieving. He had ‘acquired’ a car which he hid in the bush. Police were staking it out, waiting for the thief to return. Alert as a prowling animal, he sensed the presence of the police, but this time he was armed with a pistol. Not knowing this, the police called to him to stop when he was only a short distance from the car. Stewart took to his heels with the police in pursuit. He turned and fired about six shots at the detectives, one of whom answered with a similar barrage. Stewart was unharmed but Detective Lloyd Taylor was hit in the leg.

    Just 20 years of age, Stewart was now being pursued by armed squads of police who were now fully appraised of his venomous intent to harm them.

    A short time later he was surprised in a house which he was in the process of burglarizing. The occupant took off after Stewart but gave up the chase when a bullet whizzed past him. A high speed car chase around the inner Perth suburbs ended when he crashed off the side of the road. Running to a house, the woman inside was quick enough to lock her door and keep Stewart out. Police surrounded him and called for him to surrender. Even then Stewart went for his gun until he was knocked down with a bullet in the back.

    Astonishingly, he was scarcely hurt because of the faulty charge in the police bullet.

    With the multiplicity of charges against him, the sentence of ten years did not seem excessive to the police and public. The sentencing Judge told the gunman, “It seems that you will let nothing stand in the way of your criminal intentions and you will use a firearm whenever it suits your purposes.”

    At this point, Stewart’s father abandoned him and told a Perth newspaper that he no longer had a son. He attributed his wife’s early death to her son’s criminal conduct and disowned Stewart.

    With remissions for good conduct, Stewart was freed after six years. He began legitimate work and was probably the victim of genuine bad luck. There was an allegation of theft at his work, seemingly not to involve him, detectives thought. However, he was sacked shortly after. It was the fulcrum point of his life after which he embraced entirely a life of violent crime and passionate hatred of all police. He was set for revenge. He connected with a career criminal from Sydney who was soon arrested and turned on Stewart to reduce his time in jail. The police were now equally as focused on Stewart as he was on them. A showdown was inevitable.

    After serving a four month sentence for which he had been shopped by his Sydney ‘mate’, Perth detectives were distinctly uneasy because Stewart had continuously voiced his hatred to prisoners who passed the information to the screws. He specifically targeted three police in his vicious rantings: Detective Sergeants Parker, Leitch and McLernon.

    Stewart collected weapons as others collect old chairs or stamps. He lived by the gun and made preparations to die by the gun. Hiding out in the Perth hills he found an isolated farm and proceeded to dig a caravan into the ground hidden by trees and shrub. Into his hidey hole he stored an arsenal of explosives, weapons and ammunition. Perhaps he was preparing for the Red Chinese invasion. And as is the want of country boys, he took to going to town of a weekend but with one major difference. He went armed and angry, looking for bear. In his twisted view of life, the police were his target, fair game, although at that time the general copper went around his beat unarmed.

    On one occasion Stewart telephoned Detective Sergeant Owen Leitch, later to become Commissioner, to warn him that he was on the prowl and armed for a fight. “Just wait,” he prophesied. A local newspaper published a somewhat edited version of the conversation where Stewart asks Detective Leitch, “I heard you were looking for me.”

    “Nah, Don,” replied Leitch. “We were just wondering where you were and what you were doing.”

    But the police indeed had serious cause for concern. They suspected that Stewart had stolen two cases of gelignite from a quarry near Perth and their apprehension grew as several cars were blown up. They were Ford Zephyr vehicles, the same as detectives drove. Stewart was sending his message of intended violence. There was a wave of car thefts and burglaries which the police attributed to Stewart. Of more concern was the theft of a radio from a taxi that was capable of tuning into the police broadcast band. Stewart could monitor the efforts to track him down.

    Then in March 1959 a beat copper in the inner north of Perth near the Museum observed a car which he soon confirmed as a stolen vehicle. The keys had been left in the ignition so the smart young constable took the keys and hurried off to Central where he reported his find to the desk sergeant. Another young constable, A.H. Howell, was sent back to the scene to keep an eye out. Stewart returned and was immediately suspicious that the keys were gone. He had his hotwiring gear and was in the process of stealing the car he had already stolen when Constable Howell arrived. Stewart took off on foot with Howell in pursuit. Stewart then stopped and turned, yelling out, “Stop, or I’ll let you have it!”

    Howell kept going and Stewart fired two shots at the game unarmed young cop who was unharmed, luckily. The gunman disappeared into the dark streets of Northbridge. However, he left behind a daunting treasure trove of his serious intention to create harm and havoc in Perth. In his abandoned vehicle there was a rifle, the stolen police style radio and a stick of gelignite.

    Five days later Detective Sergeants John McLernon and Harry Cann saw Stewart in another stolen vehicle in an inner city street. Stewart was now in full aggression mode and had made telephoned threats against the children of Owen Leitch, John McLernon and other detectives. The detectives followed the gunman to a house in Murray Street, Perth, where he jumped from his car.

    McLernon was my father and he had a pretty tough background himself. He had enlisted at the age of 20 and served four years as a sapper in the Second World War in the Australian 2/4th Field Squadron. He and his mates saw much deadly action in the New Guinea and Borneo campaigns. Many times he operated behind enemy lines. On occasion the Americans would co-opt him and for a period he was seconded to the brutal island hopping campaign in service with the US 7th fleet chasing Japanese out of the Pacific. He was decorated for valour. This was the man, one of the true Hard Men, that Stewart ill-advisedly started firing upon.

    Cann and McLernon challenged Stewart, giving him a chance to throw down his arms. He opted for the hard way. He drew a pistol. As he drew down on McLernon, Cann fired and hit the gunman’s holster. McLernon then opened fire with a shotgun and wounded the tough. As the two officers closed with Stewart, he reached down and pulled a second pistol from an ankle holster and took a shot at McLernon. Undeterred, McLernon snapped down on Stewart with his 12 gauge shotgun sending the gunman to his destiny and epitaph.

    An iconic photograph was published in the Perth Daily News of John McLernon with his shotgun cracked open and across his shoulders as he laconically made his way from the battleground. His hat was tilted back on his head and a cigarette dangled from a face showing exhaustion and tension. A hard man with a hard job and with equally hard men to back him in the job.

    As police backtracked Stewart’s movements they located his secret base in the rough bushland of Perth’s hills at Serpentine on the South Eastern outskirts. A luxury Jaguar car was hidden in the trees under a tarpaulin and a caravan at the site was covered with camouflage material and branches. Suitcases of stolen goods and money was uncovered as well as an underground armoury which had been booby-trapped. Cake tins had been loaded up with explosives. There were trip wires and traps all around and a large cache of explosives.

    Yet here were the coppers of the day, hats on as always, hanging around with curiosity and disdain for their personal safety as they looked over the shoulders of the bomb squad, still smoking the inevitable cigarette. They had no fear.

    John McLernon fought against totally dedicated and skilled Japanese soldiers intent on killing him head on with anything to hand, bayonet, bomb or bullet. He was cited for valour.

    Stewart knew what he was up against and went out to a certain doom, armed and up front.

    Hancock, on the other hand, was sly and weak, allegedly shooting an unarmed man in the back at night at a bush campfire, using a sniper’s rifle. He and his ilk are the scourge of honour, yet he was given the hero’s funeral by his fawning colleagues under the false flag of being the Last of the Hard Men.

    No, it was the John McLernon’s, the Harry Cann’s and the Frank Scott’s who were the tough, dauntless hard men who kept the peace and the law in the manner of Men of Honour. We seem to have forgotten them and the many men and women in the Police Force today who do their job with honesty and ethics, for they still exist.


    “THE LAST OF THE HARD MEN!”
    The Fifth Estate I
     

    The Fifth Estate-The Sequel-If the Hat Fits, Wear It, 


    The Fifth Estate Book III -Every Bit of the circle is Bent by TerranceJ McLernon

    “THE LAST OF THE HARD MEN!”

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    Chapter 2   

     Mad As A Cut Snake


    FRANK SCOTT IS UNDENIABLY a brave man. Anyone who stands up and speaks out against corruption in our community knowing that he will become a target both literally and physically qualifies as a hero in my view. Such a man is Frank Scott, who emerged in the mid nineties as a whistleblower who had had a gutful of bent coppers during his stint in the CIB. As with earlier honest jacks who had raised the flag for honesty, he was berated, impugned, marginalized, threatened and forced from the job. As with Frank “Spike” Daniels who had blown the whistle a decade earlier, they were forced into early retirement by the oft used subterfuge of fake psychiatric reports which, naturally, led to the trumpeted conclusion by their bent colleagues to ingenuous reporters: “Bloody mad as a cut snake!”

    But neither of the two brave Franks were mad. They were bold and they were honest and they paid the price of undercutting the Fifth Estate and its necessary support staff in the ranks of the WA Police Force. Years of harassment of Frank Scott have made him a stronger man although there were periods of dark and desperate despair. But Frank Scott fought on, eventually documenting his earlier days at the coal face which is related later here in this book. At this moment time has advanced to the infamous Mickelberg reversals when bent cop and belated whistleblower, Tony Lewanadowski, finally admitted on oath that he and other cops had lied and fabricated evidence to convict the Mickelberg brothers over the Great Mint Swindle. On 12 June 2002, in reaction to the affidavit of Lewandowski which had been dropped into the public mire by Attorney General Jim McGinty a few days earlier, Frank spoke to Luke Morfesse of the West Australian newspaper. It was quite astonishing really, having an ex-cop verify the basic essentials of policing in Western Australia. The investigative skills, according to Frank Scott, included bashing, fabrication and intensive research in the saloon bar of the Great Western Hotel. Frank told Morfesse that as a detective sergeant in the much vaunted CIB, he was routinely involved in bashing suspects. Keep in mind, in this Fair State a bashing is what is described in other “civilized” communities as “torture”.

    Frank Scott told the newspaper that during his ten-year-stint he was taught the art and craft of bashing and fabrication by his ‘superiors’.

    “I was taught that way and so I didn’t think there was anything wrong with it. Everybody did it,” he said. “I didn’t see it as being corrupt because there was no financial benefit, you were simply doing your job, which was to catch crooks. “Half the time, because of the restrictions on admissibility of evidence, a jury didn’t know what police knew. But if the jury was able to get the same information as police had then they would have come to the same conclusion.” The one-time police whistleblower is comfortable with his claims, because what he calls an investigative tool never involved verballing or giving a hiding to anyone who he believed was innocent. “It didn’t happen on a regular basis and it would never have happened, say, in the fraud squad with a white collar crook,” he said. “It really only happened with hardened crims because it was the only language they understood. That was how the game was played.” Back when the CIB was based at police headquarters in Adelaide Terrace, the game also involved spiriting away suspects to suburban CIB offices such as Belmont.

    “It was not uncommon to take someone to a suburban CIB to do the interview where you could give them a hiding without everyone around the place hearing the interview,” Mr Scott said. He claims that in the 1980s it was not uncommon for the verballed confessions of suspects obtained by some of his former CIB colleagues to be used as evidence in trials, as was the case with the Mickelbergs. “Some of those blokes could solve any crime in Perth almost without leaving the saloon bar of the Great Western Hotel,” he said. “They obviously knew the person did it but they were just too lazy to do the ground work to provide proper evidence to get a conviction. Some of those blokes could solve any crime in Perth almost without their beer getting warm.” Seems like a job made in heaven.

    In the following year when the Royal Commission into police corruption was wandering around with the fairies, Frank had written to the Chief Investigator, Mario Da Re, offering his specialised knowledge to assist the inquiry. “Some time ago now, I told you that I had prepared an affidavit which was going to be tabled in Parliament. This affidavit relates to a series of allegations made by Michael Murphy. One of his allegations was that the DPP improperly failed to prosecute Murphy’s business associates in stealing $30 Million worth of gold from his gold tenement. “He also alleged that Roger Bryer and a person called Waller were somehow involved with the mint swindle and his views on this matter were tabled in Parliament by John Fischer in an affidavit. My affidavit supports the fact that Roger Bryer was allegedly involved in laundering gold bullion. It was not tabled in Parliament and may be of some use to you as intelligence. I have attached the contents for your information.” His affidavit was a bit of a mind blower, coming in on top of the Lewandowski revelations.

    I am a former Police Officer who served in the Western Australian Police Service for a period of twenty two years including ten years in the Criminal Investigation Branch and five years in the Liquor and Gaming Brach. I was involuntarily discharged from the Western Australian Police Service on 20 April 1993, after I had provided the Officer in Charge of the Police Internal Affairs Unit, Superintendent Ayton, with information regarding the conduct of several high ranking officers which I considered to be corrupt. One of the Officers I refer to in the above paragraph was the Officer in Charge of the Criminal Investigation Branch, Detective Chief Superintendent Donald Hancock. A comprehensive submission of my allegations of corruption by some senior police officers has been forwarded to the Royal Commission investigating Police corruption. During the early part of my Police service in the Criminal Investigation Branch, I was acquainted with a person known to me as Roger Bryer of the El Trovadore. At that time it was Police Departmental Policy to prohibit junior police officers from frequenting the Il Trovadore Club and other illegal gaming houses in the Northbridge area.

    In 1979, my acquaintance with Mr Bryer was rekindled during the Miss Universe Pageant where I was a member of the police security team and Mr Bryer was a sponsor of one of the contestants. I had further and regular contact with Mr Bryer when I was transferred to the C.I.B. Dealers Squad and Mr Bryer was the proprietor of a gold bullion and second hand jewellery store called the Great West Gold Exchange situated then on the corner of Hay and William Street, Perth. I became a regular visitor to the premises during my term as a detective in the Dealers Squad and became friendly with Mr Bryer. I was transferred from the Dealers Squad to the Drug Squad in 1980.

    On 2 December 1984, I was transferred to the Central Police Station in uniform branch and during routine patrols, I noticed that the Great West Gold exchange had moved its business premises to William Street, near the intersection of Brisbane Street, Northbridge. I again renewed my acquaintance with Mr Bryer in early 1995 and visited him occasionally during my patrols. During one such visit, I informed Mr Bryer that I was soon to commence my annual leave. Mr Bryer asked me if I could supervise his premises while he went on a business trip to Queensland where he was negotiating a business deal with a publicly listed company called Ariadne Limited. I took the opportunity to do so. On one day during the week whilst I was supervising the premises, a staff member drew my attention to a male person attending the business premises with a significant quantity of gold to sell. The staff member informed me that this same person had frequented the premises on about six previous occasions and had sold similar amounts of gold.

    On each occasion this gold was in excess of 99% pure and she suspected it to be gold bullion melted down. The male person informed the staff member that he would return within a fortnight with two kilograms of gold of the same quality. I was told this person gave the name of Tony Carbone who I subsequently learned was an associate of John Asciak, Geoffrey Barlow and Brian Chambers, all of them being known drug traffickers. After Carbone left the premises, I examined the gold he had sold to the Great West Gold Exchange, and the register recording the past sales of gold so that I could note the previous times Carbone had sold gold bullion to the Great West Gold Exchange. I wrote down the times, dates, quantity of gold, the amount paid in exchange for the gold and also the assay results and amount paid by the Perth Mint to the Great West Gold Exchange. At the time when I took these notes, I asked the staff member to keep my inquiry confidential from Mr Bryer as I intended to have a covert investigation carried out to ascertain the origin of the gold. I strongly suspected that this gold might have been stolen from the Perth Mint some years previously.

    I then contacted Detective Inspector William Round who was a personal friend of mine and was also the second in charge of the Task Force investigating the Perth Mint swindle. I advised Detective Inspector Round what had occurred and requested that he place Carbone under Police surveillance so that evidence could be gleaned regarding the suspected gold and the antecedent details obtained of Carbone’s movements. On the following day, I was contacted by Sergeant Peter Grant who called me from Kalgoorlie and advised me that he had just been transferred to the Gold Stealing Staff and that Detective Chief Superintendent Don Hancock had authorised him to return to Perth to conduct an investigation into the information I had supplied to Detective Inspector Round. I was extremely surprised that Hancock knew about this investigation as I had expected Round to only advise the surveillance team.

    A day of so later Grant attended at my private residence and I reiterated to him the importance of confidentiality as I was investigating a client of the Great Western Gold Exchange without the proprietor’s knowledge and I needed to protect my informant. I informed Sergeant Grant that I had made arrangements with the staff member to contact me and advise me when Carbone was to return to the Great Western Gold Exchange, to sell the two kilos of gold. Some two weeks later the staff member called me at home to advise that Carbone had been in touch and stated that he would be in the following morning with the gold. I immediately contacted Sergeant Grant and asked him to alert the Police Surveillance Squad in readiness for their job.

    The following morning I received a telephone call from the staff member who was very agitated. When I inquired what the problem was, she told me that Mr Bryer had said he had noticed two male persons loitering and acting very suspiciously near the premises and suspected that they were preparing to rob the Great Western Gold Exchange. She then advised him that the two ‘suspects’ might in fact be police officers conducting an investigation on my behalf. Shortly later when Carbone arrived at the premises these two persons entered the shop and identified themselves as detectives and apprehended Carbone. I understand that the two detectives back at HQ then requested to view the Register and compared the dates that Carbone had previously attended at the premises with the times, dates and details that I had already provided Sergeant Grant. I also understand that Carbone was taken away for questioning and his vehicle and premises were searched. I cannot recall if any charges were preferred against Carbone but in later discussions with Sergeant Grant, I was advised that no gold had been recovered. I am unaware if the two detectives took possession of, or if they photocopied the register but these details should be contained in the relevant police file recording this incident.

    I have always considered that this investigation was purposely carried out in a deliberately incompetent manner with a view to compromise the investigation so that the truth and origin of this gold would never be established. In May 2004, Frank continued his account of bizarre police conduct in another affidavit including the extraordinary response to his allegations of corruption when he was appointed to investigate his own investigation and to report the outcome to one of the senior officers he had accused! During my police career, I was appointed as a probationary detective on 2 December 1974, and was promoted through the ranks of the Criminal Investigation Branch, where I worked for 10 years, reaching the rank of detective sergeant. Whilst in the CIB I worked in various squads including Midland C.I.B., motor squad, combined operations, dealers’ squad, drug squad, general crime squad and fraud squad. I was transferred to the uniform branch on 2nd December 1984 after being charged with a disciplinary offence. I remained in the uniform branch until May 1987 when I was transferred to the liquor and gaming branch. In December 1991, I went on sick leave after reporting alleged corrupt or improper conduct by Detective Chief Superintendent Don Hancock and Chief Superintendent Les McMillan to the head of the Police Internal Affairs Branch, Superintendent Ayton, who then instructed me to investigate my own allegations and report my findings to Chief Superintendent McMillan. I was discharged from the police service on medical grounds in April 1993 at the rank of First Class Sergeant.

    Whilst a serving member of the CIB, I was promoted to the rank of detective sergeant on 1 April 1982 and was transferred in that capacity to the general crime squad. One of my first tasks in that squad was to investigate the theft of about $50,000 in unsigned travellers cheques from the ANZ bank situated at the intersections of Hay and Barrack Streets, Perth. My inquiries lead to the arrest of David Christopher Mills who was charged and convicted with the theft of the traveller’s cheques and received an eighteen month prison sentence. After he had been charged, I gleaned further evidence which strongly indicated that he had committed a similar offence in Sydney involving a large amount of unsigned travellers cheques. Soon after I was seconded to a task force to investigate the murder of a Mandurah woman whose skeletal remains were found in bushlands near Pinjarra. The Perth Mint swindle occurred at about the same time but I did not work on any investigation into that offence. In June 1983, I was transferred to the CIB Bank Fraud Section where detective sergeant Bill Round was the officer in charge. Bill and I became close friends and have remained that way until recently. In about June or July of 1983, David Christopher Mills was due to be released from prison and I strongly suspected that he had the travellers’ cheques stolen from Sydney hidden in a bank safety deposit box under an assumed name. I approached senior sergeant John Horton, the officer in charge of the Scientific Bureau and asked him if he could install a phone tap for me to assist my endeavours in locating the stolen travellers cheques. Strictly speaking, the phone tap was illegal, but in those days it was commonly used as an investigative tool and I considered I had reasonable grounds for using such a method in assisting my investigation. Horton told me that he could not do any more phone taps as he had received strict instructions from John Porter, the then Commissioner of Police, not to install any further telephone taps, because they had nearly been caught out installing a telephone intercept on the Mickelberg’s phone.

    I continued my investigations and a provisional warrant was issued for the arrest of Mills after he was released from prison. He challenged the extradition process and lawyer, Kate O’Brien represented him in his appeal. He was unsuccessful and was eventually extradited to NSW. Sometime while I was preparing my evidence for the committal hearing in Sydney, I had a conversation with Bill Round where I told Bill what Horton had said to me about the Mickelberg’s phone being tapped. Bill expanded on what Horton had told me. He said that the technicians in the Scientific Branch possessed a red VW kombi van similar to the vans used by the “PMG”, the phone company at the time. During the installation of the telephone intercept at the closest junction box, one of the brothers had walked past and wanted to know what the technicians were doing. I don’t know what information was obtained about the Perth Mint swindle from the phone taps, but during that conversation, Bill said to me that he, and the other officers involved in the Mint investigation, knew that the Mickelbergs were guilty and that they just had to give them a little bit extra to get them over the line. Bill also told me that senior members of the police CIB hierarchy regularly installed listening devices in squad rooms so that they could glean information of corruption and misconduct which could then be used to blackmail the officers concerned

    In December 1984, I was transferred from the CIB fraud squad and did not have much contact with Bill until about July 1987 when the Police Minister had received information regarding the alleged corrupt activities of Colin Pace who was the senior sergeant in charge of the fraud squad when Bill and I worked together in the cheque section. An investigation was carried out into the possible corrupt association between Sergeant Colin Pace and race horse trainer Bob Meyers and one of the allegations related to a dishonoured cheque presented by Bob Meyers which had been forwarded by the complainant to fraud squad for investigation. I was the officer in charge of the CIB Bank Fraud Section at that time and both Bill and I provided information to senior police investigators which could have established that there was a corrupt association between Pace and Meyers. The investigation exonerated Pace of any malfeasance and in October that year Bill and I went to Hong Kong together on a holiday. There we discussed the corrupt manner in which that investigation had been carried out.

    Bill advised me that he and Alan Bickford started the West Australian Bureau of Criminal Intelligence and one of their major targets was Bruce Moms who was a member of the Mr Asia Drug Syndicate. Bill told me that they conducted illegal telephone taps and he made extracts of those intercepts which were kept at the office of BCI. Further, he said that during the illegal telephone taps, they received information which revealed that there was a corrupt association between Bruce Morris and other organised criminals with several high ranking police officers including Colin Pace. Upon returning to work, I made inquiries at BCI and located the file which Bill referred to. I photocopied some extracts which would corroborate what he told me in Hong Kong. I carried out further investigations and was able to obtain overwhelming evidence which would establish a corrupt association between Colin Pace and Bob Meyers. I reported my findings to Peter Ward, a ministerial adviser to the Police Minister as I had no trust in senior police officers. On 7 September 1995 I made my allegations of corruption by senior police officers public and the details of some of my allegations including the illegal telephone taps were published in the West Australian newspaper which resulted in the Commissioner of Police establishing a joint task force of State and Federal Police to investigate my complaints. It took some two years before the task force reported the findings of their investigation to the Minister for Police.

    On or about 26 June 1996, I spoke to the then labor opposition leader, Mr. Jim McGinty and advised him that John Porter, an executive member of the Official Corruption Commission and former Commissioner of Police knew of, and condoned the installation of telephone intercepts on Mickelberg’s phone. Porter resigned from the Official Corruption Commission shortly after the leader of the opposition raised some issues which showed that the former Commissioner of Police would have a conflict of interest because of calls for a judicial inquiry into the Perth Mint swindle. Prior to being interviewed by the task force, code named “Tartan”, Bill Round allegedly told me that he would lie to the investigators about his involvement in illegal telephone taps as any admission by him would result in him being charged and the corrupt police officers who were the subject matter of the illegal telephone taps would get away with their crimes. After a discussion with Bill regarding the consequence of any admission, I was present when he drafted a letter to the Commissioner of Police seeking indemnity from prosecutions. Some time later he told me that he had been informed by the investigators attached to “Operation Tartan” that his request had been considered by John McKecknie, the then Director of Public Prosecutions and that McKecknie had refused his application for an indemnity from prosecution.

    When the Labor Party won the next elections, I approached the Attorney General, Jim McGinty and provided him with a copious amount of documents which would support my allegations of police corruption and he publicly announced that he had forwarded these documents to the Royal Commission for examination. On 4 February 2003 I met with two Royal Commission investigators who told me that my specific allegations would not be examined by the Royal Commission but there was a possibility that the treatment I received at the hands of senior police officers after I had attempted to expose senior police corruption would be investigated.

    Somewhat ironically, Frank concluded his extraordinary affidavit with this observation: I was extremely surprised that the Attorney general did not include my allegations in the terms of reference for the Police Royal Commission as both he and the Premier called for my allegations to be investigated when the Labor Party was in opposition. Frank made a further effort to expose and have investigated his very serious allegations when he wrote to the Anti Corruption Commission (ACC) which was now rebadged as the newly painted and refitted Corruption and Crime Commission, CCC. This time he expressed considerable dissatisfaction with the conduct of the Attorney General Jim McGinty. In response to the Corruption and Crime Commissions’ recent call for submissions dealing with the unauthorized release of confidential information by Government Agencies, I wish to lay a formal complaint alleging improper or corrupt conduct by the Attorney General, Mr. McGinty.

    As you are aware, the Labor Party pledged to hold a Royal Commission into allegations of corruption within the West Australian Police Service in the lead up to the last State elections and then when it was successful in forming Government, it delayed the establishment of the Royal Commission for some twelve months. During this period of time, I had regular contact with the staff of the newly appointed Attorney General, Mr. McGinty and provided him with copious amounts of documents which supported my claims of corruption by senior police officers. I expected that the Attorney General would examine these documents when formulating some of the terms of reference to be investigated by the Royal Commission. Of particular concern to me, was the association of several high ranking police officers with members of the Mr. Asia Drug Syndicate and some of the documents which I supplied Mr. McGinty clearly showed that the West Australian police service regularly installed illegal telephone intercepts to glean information.

    During some of these illegal telephone intercepts, information was obtained that the Mr. Asia Drug Syndicate was laundering large sums of money through the Perth racing industry and was assisted in this criminal activity by some police officers attached to the CIB consorting squad who received corrupt payments. When in opposition, both Mr. McGinty and Dr. Gallop were very critical that the Government had failed to establish a Judicial Investigation into allegations of police corruption after the Tomlinson Report was tabled in Parliament, and on or about 26 June 1996, I telephoned Mr. McGinty and advised him that the Commissioner of Police had condoned the installation of an illegal telephone intercept on the Mickelberg’s telephone.Despite the fact that he knew in June 1996 that the Police Service had acted corruptly in the manner in which evidence was obtained to convict the Mickelberg brothers of the Perth Mint swindle, he failed to refer this matter to be investigated by the Royal Commission. Furthermore, when Tony Lewandowski, a member of the police investigation team that charged the Mickeberg brothers confessed that he and Don Hancock had assaulted and fabricated evidence against one of the brothers to sustain a conviction, the Attorney General immediately showed the affidavit prepared by Lewandowski to his ministerial colleague and former Assistant Commissioner of Police, Bob Kucera who is one of the officers who is suspected of committing perjury during the many appeals by the Mickelberg brothers’ against their conviction. My specific complaint against the Attorney general is that by showing that affidavit to Kucera, when he was fully aware that some police had acted corruptly and that Kucera was one of the officers suspected of committing perjury, he had compromised any further investigation and maybe guilty of attempting to pervert the course of justice. I understand that he and Mr. Kucera are close friends and are now related through marriage and this may be the reason why this investigation was thwarted.

    I am also concerned that the Attorney General may have colluded with Kucera in a similar fashion when dealing with the documentary evidence which I bought before him and therefore the manner in which the Terms of Reference for the Police Royal Commission were selected could also be perceived as being corrupt. I have attached two sworn affidavits which I have prepared in relation to this matter and I have also included correspondence between myself, Mr McGinty, Mr Kucera and the shadow Police spokesman for your examination. I feel this matter should be investigated by the Corruption and Crime Commission and I look forward to being advised the results of such investigation. Fortunately Frank didn’t hold his breath awaiting an outcome as he became more and more marginalized by the Fifth Estate. By now he was pretty much in the state of agitation that he was accused of by his corrupt ‘colleagues’ in the CIB being Mad as a Cut Snake!


    Australia: Woman hit by taxi says charges to be dropped

    Jenny Franco says her worst fears have been realised after she was told that charges against the taxi driver accused of running her down will be dropped. Stuart Russell Graham, 55, was behind the wheel of a cab that allegedly struck the 23-year-old at Miranda, in Sydney's south, on February 20 last year. Ms Franco, who was dragged 150 metres along the road, lost her left eye and spent three months in hospital. Graham was charged with dangerous driving occasioning grievous bodily harm and with failing to stop and assist.

    In November, the Downing Centre Local Court heard that Graham's lawyer, Brett Thomas, had asked the Director of Public Prosecutions to drop the charges against him. The court was told police investigations were continuing and the DPP was awaiting a psychiatric report while considering Mr Thomas's request. Yesterday, a spokeswoman for the DPP said she could not comment on whether the case against Graham would be dropped, as the matter was before the courts. Mr Thomas could not be reached for comment.

    However, Ms Franco told Channel Seven the DPP had told her the charges against Graham would be dropped. She is reportedly due to meet the DPP on Monday, with the charges to be formally dropped during a court hearing on Tuesday. "It was actually my worst fear," she said. "It scares me to know that this accused taxi driver gets to walk scot-free, possibly return to his work and . possibly hurt someone else."

    Ms Franco's mother, Ludy, said her daughter was too traumatised to go back to where the accident happened. She said her daughter had been living in an apartment in the city, away from the family's Miranda home and the scene of the accident.

    Report here. (Via Australian Politics)



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    Click Here for More Information on Andrew Mallard

    Man free after decade in jail By Amanda Banks and Alana Buckley-Carr

    AFTER spending more than a decade behind bars for the murder of a Perth jeweller, Andrew Mallard last night walked from prison a free man.

    The 42-year-old was released from maximum security Casuarina Prison after prosecutors withdrew a murder charge against him yesterday afternoon.

    A calm, smiling and relieved Mr Mallard emerged from prison flanked by family and supporters, eager to head home in a limousine ordered for the occasion.

    "I just want a good night's sleep, free from officers jeering in the port and keys jangling and all that sort of thing," he said.

    "I have been preparing for this for some time - nearly 12 years actually."

    Outraged at an assertion in the West Australian Supreme Court that he remained the prime suspect in the 1994 murder of Pamela Lawrence, Mr Mallard's sister Jackie accused police of conducting an inept investigation, claiming evidence was presented three years ago that should have set her brother free.

     

    "The police should now do their job properly, as they should have in the first place, and find out who really did this," she said.

    Two appeals failed before Mr Mallard's conviction was quashed by the High Court in November. He was due to face trial later this year, but at a hastily convened sitting of the Supreme Court yesterday, Director of Public Prosecutions Robert Cock QC withdrew the prosecution.

    Lawrence, a 45-year-old mother of two, was found dying in a pool of blood in her jewellery shop in the western suburb of Mosman Park on May 23, 1994.

    The High Court ruled Mr Mallard's conviction after a 10-day Supreme Court trial in 1995 was a miscarriage of justice because the prosecution failed to disclose, or had suppressed, important evidence.

    Mr Cock said the reason for withdrawing the prosecution related to the admissibility of alleged confessions made by Mr Mallard during several interrogations - including an eight-hour unrecorded interview - in 1994. Mr Cock said because of retrospective 1996 laws at least some of the police interviews should have been recorded on video.

    The court was told Mr Mallard - an itinerant suffering bipolar disease - alleged he had been induced to do one of the interviews, was assaulted, verbally intimidated and fed detailed information about the case; allegations denied by police.

    Mr Cock said Mr Mallard's alleged confessions were complex and there were other obvious difficulties with the case, including no forensic evidence linking him to the murder. "It does not leave us with a case upon which there is a reasonable prospect of obtaining a conviction," he said.

    He said Mr Mallard remained the prime suspect, promising the prosecution would be pursued if further evidence came to hand.

    Deputy Police Commissioner Chris Dawson stood by the investigators. "There is no information which suggests that these officers acted corruptly or maliciously," he said. There were no plans to reopen the investigation.

    `I thought the system was out to get at me' By COLLEEN EGAN


     

    ANDREW Mallard has spoken up about the 12 years he spent behind bars for a murder he says he did not commit.

    Mr Mallard, who was released from prison this week after a charge of wilfully murdering Mosman Park jeweller Pamela Lawrence was dropped, wept with relief and sadness as he spoke of his time in jail.

    Now 43, he says he was under a lot of stress at the time of the 1994 murder, with mental-health problems and rampant marijuana use that made him act suspiciously and left him vulnerable to police manipulation.

    Born in England, Mr Mallard was an extraordinarily tall teenager, with low self-esteem. He joined the army as a young man to impress his father, a long-time soldier with British forces, but hated the regimented life and was discharged with a sleeping disorder.

     

    He slipped into a deep depression, exacerbated by heavy marijuana use. In a feeble attempt to escape Perth, he went to Kalgoorlie where he was caught stealing a motorcycle.

    He spent two weeks in prison; the only time he served before the Lawrence murder.

    After short stints in the eastern states and Britain, he had a nervous breakdown and went to live with his parents. He stopped smoking marijuana and spent a year under the care of a clinical psychologist.

    But he moved back to Perth and before long started smoking pot again.

    "I kept on going to job interviews and getting rejected," he said. "All my money was going on marijuana. It all went downhill. My flatmates asked me to move and I had nowhere to go."

    In the month before the murder, Mr Mallard racked up a criminal record for petty theft and dishonesty.

    He attached himself to a girl who lived in Mosman Park, around the corner from Lawrence's jewellery shop, and scored marijuana for her in exchange for a place to sleep.

    In a condition that was later diagnosed as manic-phase bipolarity, Mr Mallard claimed his name was "Andre" and he was working undercover for Interpol.

    "I was always trying to impress people by exaggerating or giving a false name," he said. "I wasn't in a fantasy world. I knew what was real. But I didn't want to deal with the reality that I was on the street, I had no money and I felt like a failure. I was trying to impress people and get them to like me."

    Mr Mallard said the crime that brought him to the attention of police, for which he was in the lock-up the morning of the murder, was part of this cycle.

    He pretended to be a drug squad detective and kicked in the door of the woman's former boyfriend's flat.

    It resulted in him being assessed at Graylands Psychiatric Hospital, where detectives visited him about a week after the murder. As one of 136 suspects, he gave several alibis, but they all turned out to be things he'd done on different days.

    Before long he was out of Graylands and straight into a police interview room, where a video-record button was never pressed. But detectives later claimed he confessed.

    "I was just freaking out," he said. "I tried everything I could to convince them I was innocent and to answer every question. The detective said, `I know you're a cold-blooded killer'.

    "He brought a photograph of Mrs Lawrence's bloody head and shoved it in my face. I felt awful, horrible. I can't comprehend how someone could do that to someone else."

    The detective has denied showing the photograph.

    Mr Mallard was released into the night and, unbeknown to him, befriended by an undercover cop. He didn't even think to get a lawyer.

    "I was trying to survive with no food or money," he said. "I was thinking, `I'm a man. I can handle this'."

    Brought in a second time, Mr Mallard did a short video interview "to clear my name" and thought the ordeal was over until a detective re-entered the room. "He said, `We think you did it. You're sick and you're blocking it out of your mind. You need help', " Mr Mallard said.

    He was given a Legal Aid lawyer who had never worked on a murder trial. He asked for a QC, but the judge refused. He was convicted and sentenced to life in jail.

    Mr Mallard coped with prison by drifting into a fantasy world where he believed he was the victim of a vast conspiracy. He gained a reputation for being mad, which he believes stopped him being picked on.

    "I was frightened of being raped, of being killed," he said. "I just kept my head down and was polite. I didn't talk to anyone.

    "By the time my appeals failed I believed I was a scapegoat for a huge organised crime conspiracy and that Casuarina Prison was a huge facility for brainwashing innocent people. I believed they were trying to brainwash me into believing I was a killer.

    "I thought my cell was fitted with a camera and microphones, and that while I was asleep they would whisper in my ear to convince me I was guilty. I would point to the ceiling and say, `You won't get me, you bastards'. It made me look like a real nutter."

    Mr Mallard was known for standing all day behind a solitary tree in the middle of the exercise yard and spending endless hours on intricate Celtic art. Records show he was disciplined for cutting the Ministry of Justice logo out of his towels "because he was innocent".

    He said he was beaten up once and threatened with death at knifepoint.

    "I believed that was part of the conspiracy as well, so I just told them to go ahead and do their worst," he said. "In hindsight that probably helped with my reputation, too."

    Mr Mallard's deep paranoia led him to cancel visits with his family because he believed they were being threatened and manipulated by corrupt police. In early 1998, his beloved father died of cancer, but he thought the news was part of the conspiracy.

    He did not go to the funeral and for the next two years continued writing to his father in the belief he was not dead.

    NEXT WEEK: How Andrew Mallard and a support team fought to reopen his case.

    . Colleen Egan has been investigating the Mallard case since 1998. During those years she has been a supporter of Mr Mallard's family and his legal team. 

     

     

    Innocent victims hit back By JOHN FLINT - 26feb06


     

    THE year Andrew Mallard was born, John Button was escorted in handcuffs to the hellhole that was Fremantle Jail to begin his stretch for killing his girlfriend.

    He was innocent of the crime, but it took 40 tortured years to remove the stain.

    On Friday, he was back at the old jail – he now has a lifetime free pass to the tourism attraction – to pose for today's front-page picture.

    But there is more connecting the men in the picture than their notoriety as victims of miscarriages of justice who, between them, did 32 years' hard time.

    Mr Button, 62, played an active part in Mr Mallard's campaign for innocence, even travelling to the UK, Mr Mallard's birthplace, to lobby British MPs.

    He was in court on Monday to hear Department of Public Prosecutions head Robert Cock announce there would be no retrial for Mr Mallard, meaning he was a free man after nearly 12 years behind bars.

    One of the first phone calls to congratulate Mr Mallard, 43, came from Peter Mickelberg, who with brother Ray knows a thing or two about fighting the system.

    Led by Mr Button, all four men are keen to assist in the creation of WA's first Innocence Project.

    Innocence projects exist in every state of the US and in other countries, and some Australian states, but not here. They are community groups made up of lawyers, journalists and other outraged citizens who provide assistance to prison inmates who have strong claims of wrongful conviction.

    Mr Button has been burning the midnight oil to get the project off the ground. He has been working closely with award-winning journalist Estelle Blackburn, whose book Broken Lives played a major part in exposing the miscarriage of justice in his case and that of Darryl Beamish.

    He said journalist Brett Christian, who revealed flaws in the Rory Christie case, and Robin Napper, of the University of WA's Centre for Forensic Science, had shown interest in getting on board.

    Mr Button said: "I have got grandchildren and I want to make this world a better place for them. I spend my days now working on this (project) and going into schools on a regular basis talking to kids about the justice system.

    "I have stressed the point that they are the up-and-coming generation. They are the ones who are going to fix it. We can't hold our breath waiting for the people in power now to do it."

    Mr Button said the demand from schools was unbelievable.

    "I have got bookings for the next few years, from Esperance to Karratha," he said.

    Released man vows to solve murder case. Amanda Banks - February 22, 2006

    AN ocean dip ranks among Andrew Mallard's top priorities after 12 years behind bars for the murder of a Perth jeweller.

    But in 40C heat in the coastal town of Mandurah yesterday, Mr Mallard was too busy to indulge in the simple pleasure and had to settle for dangling his feet in the river estuary south of Perth.

    Unexpectedly released from maximum-security Casuarina jail on Monday after prosecutors withdrew a murder charge, Mr Mallard - who was awaiting a retrial after his conviction was quashed by the High Court in November - vowed he would not rest until the case was solved.

    "The family of the victim need proper closure - they need to know that I am innocent and get this perpetrator behind bars," the 43-year-old said. "(But) I have learnt to be patient."

    Mr Mallard told The Australian he was angry Director of Public Prosecutions Robert Cock QC had maintained he was still the prime suspect for the brutal bashing death of Pamela Lawrence in 1994. "I expected something like this and I expected them to try and still keep it pinned on me," he said.

    But Mr Mallard's defence lawyer, Malcolm McCusker QC, was less diplomatic, labelling Mr Cock's statement "quite extraordinary" and beyond the proper function of the DPP. "It really was contemptuous disregard for the fundamental principle of justice, that a person is presumed innocent until proven guilty after a fair trial," Mr McCusker said. "They have by this statement blackened this man's name."

    Mr Cock yesterday said he was duty bound to disclose to the court and the accused the intention of the DPP to prosecute Mr Mallard in the future if additional evidence was available.

    "I entirely agree that this is a most unsatisfactory set of events," Mr Cock said. "It is fully unacceptable that Mr Mallard has had to remain in custody for so long in circumstances under which he is now released."

    State Attorney-General Jim McGinty yesterday conceded the case had revealed an "untidy and unfortunate" series of events, saying it was up to the state's corruption watchdog to continue its investigations into the handling of the police inquiries and prosecution.

    "Nobody can feel satisfied with the way in which the Mallard case has unfolded," Mr McGinty said. "It was an horrendous murder. Nobody has been brought to justice for it and now we have got allegations of improper or corrupt behaviour by police and DPP prosecutors.

    "I think there is no doubt that this particular case casts a shadow over the way in which the police conducted the investigation and perhaps the way in which the DPP prosecuted this case." Mr McGinty urged police to vigorously investigate any further information that became available.

    Police Deputy Commissioner Chris Dawson was quick to defend his officers yesterday, saying it was important the case did not become a measure of police competence in homicide investigations. Contradicting his statement on Monday evening that police had no intention of re-opening the case, Mr Dawson said unsolved murder cases were never closed. 



    http://images.google.co.uk/imgres?imgurl=http://www.abc.net.au/reslib/200710/r195514_743021.jpg&imgrefurl=http://www.abc.net.au/news/stories/2009/05/03/2559241.htm&usg=__E4Hn4e5YknuX2w-ydr8VHQ9YX6I=&h=593&w=840&sz=44&hl=en&start=19&sig2=2YF117xlCTgt8xirpZZb5w&tbnid=2CpsX_V9BZ5FlM:&tbnh=102&tbnw=145&prev=/images%3Fq=peter%2Bmickleberg%26



    Opposition backs Mallard's compo bid

    Posted Sun May 3, 2009 9:00am AEST
    Updated Sun May 3, 2009 9:48am AEST

    Shadow Attorney General John Quigley says he hopes the Western Australian Government can learn from the mistakes of its predecessor when determining how much compensation to pay Andrew Mallard.

    The Government is expected to announce soon how much compensation it will pay Mr Mallard for his wrongful imprisonment over the 1994 murder of Pamela Lawrence.

    Mr Quigley says Mr Mallard has been advised by senior counsel not to settle for compensation of less than $7.5 million.

    Mr Quigley says if the Government does not make a reasonable offer, Mr Mallard could also seek compensation from the Police Union like Ray and Peter Mickelberg.

    In January last year, the Labor State Government awarded Ray and Peter Mickelberg a joint ex gratia payment of $1 million for their wrongful convictions for the 1982 Perth Mint Swindle.

    Now, after a long-running legal dispute, the Police Union has also agreed to compensate them.

    Mr Quigley, who is a supporter of Mr Mallard and a former police union lawyer, says if the Government does not give Mr Mallard a decent payout, there could be a similar outcome.

    He hopes the Government has learnt from the mistakes of its predecessor.

    "If they once again short change Mr Mallard, he will use what money he does get to pursue the police," he said.

    "If they don't fully compensate Andrew Mallard and only give him sufficient funds to settle against the State, he'll be then left suing the police and it's all the young, honest, hard working officers of today who'll be left carrying the burden."





    John Quigley calls for Mallard-like compensation

    Todd Cardy, court reporter June 20, 2009 03:00pm


    RALLYING CAUSE: Up to 1000 marched through Perth to rally for compensation for the family of an Aboriginal elder who died in a searing prison van. Picture: Alf Sorbello



    THE WA Opposition has called for the family of an Aboriginal elder, who died in a searing prison van, to be given a payout of millions of dollars
    About 1000 people attended a rally in central Perth today, in support of Mr Ward's family.

    Labor legal affairs spokesman John Quigley has thrown his support behind Mr Ward's family and demanded the State Government offer compensation at least equal to the $3.25 million given to Andrew Mallard.

    Mr Ward, whose first name cannot be released for cultural reasons, died on January 27 last year when the temperature topped 50 degrees Celsius in the pod of the privately-managed prison van.

    Mr Quigley, a long time advocate of Mr Mallard's who was wrongly jailed for murder for 12 years, said the money should be offered without restrictions.

    ``The late Mr Ward's death is the worst death of any of the deaths that came before the Aboriginal Deaths in Custody Royal Commission,'' Mr Quigley told The Sunday Times.

    ``The money to Andrew Mallard should be a starting point (for compensation), maybe a bit more given that he roasted to death.''

    But Mr Quigley's support drew the ire of another wrongly jailed man, Peter Mickelberg, who followed the MP through the crowd and accused him of ``using this as a cheap political stunt''.

    The Deaths in Custody Watch Committee organised the rally in Forrest Chase today which drew hundreds of supporters calling for ``justice for Mr Ward''.

    A large banner with the words ``It is truly too sad grandfather is dead'' overlooked the crowd who later marched the Murray St and Hay St malls.

    Mardu elder Teddy Biljabu, a relative and representative of Mr Ward's family, said his people had been devastated by the loss of an elder who was described as a cultural man, dancer and artist.

    ``People are still dying for drunken driving, for drunken disorderly, for small crimes, small things, and people are dying - that has to stop,'' he said.

    Former federal Aboriginal affairs minister and co-chair of Reconciliation Australia, Fred Chaney, said he wanted ``justice for today's generation and tomorrow's generation''.

    ``The terrible death of Mr Ward reflects the basic fact that we do not treat and see our Aboriginal brothers and sisters as the truly human people that they are,'' Mr Chaney said.

    ``No one could explain the behaviour that has occurred except on that basis.''

    Associate Professor Ted Wilkes, of Curtin University, said he was not surprised no one had been charged over Mr Ward's death.

    ``We continue to get our guts kicked, we continue to come to these rallies to call for justice - I don't have any optimism about what is going to happen but I am hopeful,'' Mr Wilkes said.



    Australia: Mickelbergs finally get a compensation payment

    Peter and Ray Mickelberg say their $1 million compensation payout for being framed for the Perth Mint swindle is not enough to cover their losses. The Carpenter Government yesterday awarded $1 million in compensation - the largest payment in the state's history - to the two brothers, who were wrongly jailed for almost a decade after they were framed by police for the notorious 1982 Perth Mint swindle. Attorney-General Jim McGinty said police actions were "a perversion of the system of justice of the worst kind" and no amount of money would make up for what happened. 

    But the payout was criticised by Peter Mickelberg, 50, and his brother Ray, 62, as insufficient to cover the debts they accumulated during a decades-long fight to clear their names. Ray Mickelberg told The Australian they owed at least $1.2million. He said the ex gratia payments of $500,000 each were effectively gone without even acknowledging millions of dollars in lost assets, ruined careers and pain and suffering that resulted from the fit-up. He was furious also that no compensation was offered to the children of a third brother, Brian, who has since died, but was also wrongly convicted and jailed for nine months. Peter Mickelberg spent more than eight years in jail and Ray more than six. 

    Their convictions were quashed in 2004, 15 years after they were released, after detective Tony Lewandowski, who has since killed himself, admitted police fabricated evidence. Another corrupt officer exposed by Lewandowski, Don Hancock, was killed in a car bomb attack carried out by a bikie gang member in 2001.  Despite the brothers' anger yesterday, Mr McGinty said the payments brought to an end the State's involvement, following $658,672 they received to cover the costs of two appeals.  The Mickelberg brothers were convicted of defrauding the mint of $653,000 in gold bullion by issuing worthless cheques. After his arrest, Peter was stripped, beaten and forced to sign a false statement by the two corrupt officers. The pair failed in a series of appeals over decades because police continued to provide false evidence. 
     The extraordinary case even involved more than 58kg of bullion being dumped at the Seven Network's Perth studios in 1989, shortly after Peter's release, in an apparent attempt to implicate him. It was later shown to be South African gold that was not related to the case.  Ray Mickelberg said he and Peter were forced to agree to the $1 million payout after Mr McGinty told them to take it or leave it. "In the end, we had no choice," he said. The pair criticised the decision to have taxpayers foot the bill. They said the money should have been seized from the superannuation funds of the corrupt officers.  Angry WA Police Union president Mike Dean has labelled as "incompetent and irresponsible" the record $1 million payout to Peter and Ray Mickelberg announced yesterday. The state police union was also on the warpath after Mr McGinty confirmed the brothers were free to continue civil claims against police allegedly involved in their case. The Government initially tried to force the brothers to drop civil action against the seven former officers in return for the ex-gratia payments but failed. The civil action was initiated 18 months ago, and includes claims against the estates of the two dead officers, Lewandowski and Hancock. The terms of the $1 million ex-gratia compensation payout for wrongful conviction and jailing over the infamous 1982 Perth Mint Swindle does not prevent the brothers from taking further civil action against former police officers. They include former assistant commissioner and current Labor MP Bob Kucera.


    The Life of Brian Burke The Godfather, 
    ex Premier of Western Australia, who was put on power by the Catholic Mafia heaed at the time by 
    Sam Fanchina the real Godftaher for many years in Perth, Western Australia.. for more details see
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    Mallard offered $3.25m for 12 yrs' jail

    Posted Tue May 5, 2009 2:09pm AEST
    Updated Tue May 5, 2009 6:41pm AEST

    The Western Australian Government has offered a man wrongfully convicted of murdering a Perth woman a multi-million dollar ex-gratia payment.

    Andrew Mallard spent more than a decade behind bars for the 1994 murder of Mosman Park jeweller Pamela Lawrence. His conviction was later overturned.

    The state's Attorney-General, Christian Porter, today announced Mr Mallard has been offered $3.25 million as what he describes as a 'gift' from the Government.

    The offer is the largest in the state's history and comes after months of negotiations.

    Mr Porter says it is up to Mr Mallard to accept the money, but if he does, that figure will be deducted from any other settlement he may reach in the courts.

    "What path Mr Mallard chooses from here is entirely his own choice, and what we have done from here does not limit his choices in any way or form," he said.

    He says the sum offered is a life-changing amount of money and Mr Mallard might never have to work again.

    The Premier, Colin Barnett, has described it as a historic offer, and is urging Mr Mallard's friends and supporters, including the Shadow Attorney-General John Quigley, to accept the deal.

    Mr Quigley says the amount offered is grossly insufficient and Mr Mallard will continue with legal action against those involved in his wrongful conviction.

    "I don't think there's anyone in the community that would accept $3.25 million as fair compensation for being snatched off the street today, jailed for 12 and a half years and have their whole life destroyed," Mr Quigley said.

    Mr Mallard says he's disappointed by the offer.

    "This is a very, very delicate situation and and I will be conferring with my lawyers," he said.

    Last year, Ray and Peter Mickelberg were awarded more than $1 million for their wrongful conviction over the 1982 Perth Mint swindle.

    Strange Australian Justice for the well connected
    Indulgence for well-connected young drunk-driver in Australia
    Being good at sport earns forgiveness for appalling behaviour
    An international lawn bowler who ran a red light at 90km/h over the speed limit while drunk and hit another vehicle has walked free from court, after glowing references from a former National Crime Authority chief and a one-time director of the Immigration Department. Nathan Kane Swincer, 21, was spared a 27-month sentence yesterday, despite seriously injuring another driver while driving at more than 150km/h, with a blood alcohol level of 0.14. M


     

    Thursday, August 24, 2006 THREE YEARS FOR MURDER

    It seems that nobody cares in Australia

    The family of a popular young man who died in an unprovoked attack said yesterday they were "sickened" by a Court of Appeal decision not to increase the killer's sentence. "What you hear is 'how good is the bloody criminal' – don't it make it sick?" the victim's devastated father Roy Markham said outside the court. "The system is rotten, rotten to the core." Court of Appeal president Margaret McMurdo had dismissed an appeal by Attorney-General Linda Lavarch, who wanted to increase the jail sentence for university student Moses Rupert Katia, 19, to 10 years.

    Earlier this year, Katia was jailed for eight years with a recommendation for parole after three years when he pleaded guilty to the manslaughter of the Gold Coast concreter, 23. The court was told Katia had drunk 15 rums and cola and was walking with a friend through the city shortly after 5am. They came across Markham, who had passed out, sitting on a bench outside the Embassy Hotel in Elizabeth St. They were seen taking his mobile phone and shoes. Katia returned a short time later, punched Markham and stole his watch before fleeing. Markham died in hospital the next day.

    Choking back tears, the mother of Paul Bernard Markham, Pam Markham, said: "I'm tired of being told what a nice person Moses is – nobody in this whole time has said what a nice bloke my son was. He was a delight and I haven't got him any more."

    Judge McMurdo said Markham's death in February last year was a stark warning to all in the community about binge drinking. In dismissing the appeal by Mrs Lavarch, who had sought a 10-year jail term for Katia, Justice McMurdo attacked the binge drinking culture which she said could make pleasant and amiable people behave aggressively and out of character. She said Markham was an affable man of good character but had been grossly intoxicated and an easy target for predators. "His intoxication was almost certainly why a relatively minor punch to the head caused devastating vertebral artery rupture and a resultant serious brain injury which led to his death," she said. Justice McMurdo said alcohol abuse was also how Katia – a talented university student of good character when sober – came to rob, steal, assault and kill Markham.

     






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    Body found at Bond's Cottesloe mansion

    Body found at Bond mansion

    The body of a 57-year-old woman has been found at Alan Bond's Cottesloe home.
    A police spokesman said officers were called to the two-storey house in Hawkestone Street at 11.35am.
    The dead woman is believed to be Di Bliss, the wife of the former tycoon.
    Neighbours report Mr Bond and Ms Bliss were living at the limestone mansion, owned by Fairoak Pty Ltd.
    Police say the death is not being treated as suspicious.
    A police spokeswoman would not confirm the identity of the dead woman and said her name would not be released until all next of kin had been notified.
    She said police officers at the scene would conduct an inquiry for the coroner.
    It is understood the woman's body was found in a swimming pool at the rear of the property.
    A police spokeswoman said a person at the residence, believed to be Mr Bond, had called St John Ambulance.
    Mr Bond married Ms Bliss in 1995 after divorcing his first wife Eileen Bond in 1992.
    The couple returned to Perth in 2010 after living in London after the former high-flyer's release from jail in 2000.
    Mr Bond's eldest daughter Susanne died in her Peppermint Grove home in 2000 after overdosing on morphine.
    Alan Bond's Cottesloe house. Picture: Lee Griffith

    Di Bliss and Alan Bond on their wedding day in 1995.

    Police confirm Alan Bond's wife dead

    Updated January 29, 2012 
    WA police have confirmed they are investigating the death of the wife of high-profile businessman Alan Bond.
    The body of 57-year-old Diana Gweneth Bond, more widely known as Diana Bliss, was found at her Cottesloe home in Perth late on Saturday morning.
    It is understood Mr Bond found her body and called police.
    Police have refused to release further details but say the circumstances surrounding her death are not suspicious.
    Mr Bond married Ms Bliss, a theatre producer, in 1995 after divorcing his first wife Eileen Bond in 1992.
    The 73-year-old, who is known for one of the biggest corporate collapses in Australian history, was declared bankrupt in 1992. In 1997 he served four years in prison for fraud.
    After a 19-year absence from the nation's rich list, Mr Bond resurfaced in 2008 with a personal fortune estimated to be worth $265 million.
    3AW entertainment reporter Peter Ford paid tribute to her on Twitter.
    "Diana Bliss was a gifted woman and lover of the arts but sadly also a deeply troubled woman who did try to get help," he tweeted.
    "Close friends had been seriously worried for some time.
    "Even the best medical and psychological help here and overseas couldn't save her.
    "Money doesn't buy happiness is the old cliche, and true, but also mental health issues know no boundaries of class, fame or beauty."
    Ms Bliss stood by her husband during his jail sentence, making regular trips to prison to visit him.
    Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14.

    Body at Bond mansion believed to be his wife, Diana Bliss

    Alan Bond and Diana Bliss
    Alan Bond and Diana Bliss on their wedding day in 1996. Picture: Michael Perini HWT Image Library
    • by:Nicole Cox 
    • From:PerthNow 
    • January 28, 2012
    • Alan Bonds house
      GOOGLE EARTH: The Cottesloe house. 
      THE body of a woman, believed to be the wife of former high-flying businessman Alan Bond, has been found at a home in the Perth beachside suburb of Cottesloe.
      It is understood the body of Diana Bliss, 57, was discovered at the luxury two-storey Hawkstone St property after a man telephoned St John Ambulance about 11.30am.
      It is unclear if it was Mr Bond who raised the alarm. Police have ruled out suspicious circumstances.
      Two police cars are currently at the scene along with two detectives.
      Mr Bond, 73, flagged a permanent return to WA from London when he attended the Fremantle Maritime Museum in 2008 to mark the 25th anniversary on Australia II's Americas Cup win, and since then the couple have been dividing their time between Perth and London.
      Mr Bond moved to the United Kingdom following his release from Karnet Prison Farm in March 2000.
      Bliss stood by the fallen magnate when he served time for fraud and they married in Sydney in 1995.
      Asked if he was home for good in January 2010, Mr Bond said from a window at the same property: "I'm not doing any interviews, thank you very much."
      Police are refusing to confirm whether or not the deceased woman was Ms Bliss because all her family has yet to be notified.
      The title for 4 Hawkstone St reveals the property is a 726 sq m block, and that it was last bought in 1992 for $425,000 by the Bond family trust, Fairoak Pty Ltd.
      No one from the Bond home was available to comment.
      Sue Parks, a publicist for the Bond family, said: "The family don't want to make any statement at this moment".
      Alan Bond could not immediately be reached for comment.
      It is understood Ms Bliss had been unwell for sometime, even before the couple returned to Australia in late December.
      If you want help with any personal problems, please contact one of these helplines:
      Lifeline (24 hours): 13 11 14
      Kids Helpline (under 18 years): 1800 55 1800
      Just Ask (rural mental health): 1300 13 11 14
      Mensline Australia (24 hours): 1300 78 99 78
      SANE Helpline: 1800 18 SANE (7263)
      Bond discovered body of his 'beautiful wife' in their home pool
      ERIK JENSEN
      January 30, 2012http://www.smh.com.au/lifestyle/celebrity/bond-discovered-body-of-his-beautiful-wife-in-their-home-pool-20120129-1qnzd.html 

      Alan Bond with his wife Diana Bliss.
      Alan Bond with his wife Diana Bliss. Photo: Sharon Smith


      THE body of Alan Bond's wife, Diana Bliss, was found by her husband in the swimming pool of their beachside mansion in the Perth suburb of Cottesloe, a source has confirmed.
      While there were no suspicious circumstances surrounding the death of the 57-year-old at the weekend, a police spokeswoman said the Coronial Investigation Unit would prepare a report on the death.
      A distressed-looking Mr Bond, who was married to his second wife for 17 years, spoke briefly yesterday after attending a church service. He was still struggling with the news. ''It's so new … I lost my beautiful wife.''


      Read more: http://www.smh.com.au/lifestyle/celebrity/bond-discovered-body-of-his-beautiful-wife-in-their-home-pool-20120129-1qnzd.html#ixzz1kvvbTRWE
       

      http://www.news.com.au/national/tragedy-at-bond-mansion/story-e6frfkvr-1226256164199 
      Body at Bond mansion believed to be his wife, Diana Bliss

      Allan Bond's Super Pit‘The most amazing thing that happened in my lifetime is Alan Bond buying up all the leases that became the Super Pit.

      Bond saw open cut was needed, started it and it grew and grew. It was the inevitable finish of the single operations.

      I remember when it was scattered all over with small companies running their own mines and they were all battling.’
      (Charles (Digger) Daws, former president Boulder Shire Council, interviewed, aged 87, in the Kalgoorlie Miner, December 1994)

      ‘He (Bond) had almost pieced together the jigsaw of leases which were in separate hands for nearly a century. It was now possible to operate a gigantic and ever-descending super pit, in which massive equipment could tear out the old underground workings and the unmined gold in between.’
      (From The Rush That Never Ended by Geoffrey Blainey)

      This was the origin of the Super Pit, Kalgoorlie-Boulder’s famous landmark that will eventually stretch 3.8 kilometres long, 1.5km wide and go down to a depth of more than 600m. What had once been the Golden Mile, was named the Fimiston Open Pit, which in turn has become commonly known as the Super Pit.

      Where small operations had once controlled the famous Golden Mile, WA businessman Alan Bond started buying up the individual leases to create one big company and one big pit, from which gold could be extracted at far less cost.

      Bond's company failed to complete the takeover but, in 1989, the entire area was combined. Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) was formed to manage the assets and operations of joint venture partners, Normandy Australia and Homestake Gold of Australia Limited.

      For the first time, all leases and infrastructure of the Golden Mile, Mt Charlotte (and Mt Percy to the north) had been brought together. Significant changes – the most since gold was first discovered in Kalgoorlie by Paddy Hannan in 1893 – occurred. It was now possible to mine far more economically for gold and continue the harvest of the Golden Mile, which has produced nearly 50 million ounces of gold since the days of Hannan.

      More recently, the joint venture partners have changed and KCGM manages the operation for Newmont Australia Limited and Barrick Gold of Australia Ltd. Their ownership includes the Fimiston Open Pit (Super Pit), Mt Charlotte Underground Mine, Fimiston Mill and Gidji Roaster.

      KCGM produces up to 800,000 ounces of gold every year and its operation far outweighs any other mining centre in Australia. The Super Pit is the biggest gold open pit mine in the country.

      The company’s operations ensure Australia holds its place, behind South Africa and the USA, as the third biggest gold producer in the world.

      Where it is?
      KCGM’s operation is at the south-east corner of the city of Kalgoorlie-Boulder, which is about 600kms east of Perth, capital city of Western Australia.

      What it once was?
      The Fimiston Open Pit (Super Pit) has swallowed up pits named: Judd, South, Paringa, Croesus/Eclipse, Central, Brownhill, Drysdale, Morrison, North and Horseshoe.

      Other shafts located within the current Super Pit included Main, Croesus, Chaffers, Lake View and Perseverance.

      Who owns it?
      KCGM Pty Ltd manages the assets for joint venture partners, Newmont Australia Limited and Barrick Gold of Australia Ltd.

      What’s produced?
      Up to 800,000 ounces of gold a year are produced from the Fimiston Open Pit (Super Pit) and Mt Charlotte.

      Work hours?
      The Super Pit is mined 24 hours a day, every day of the year. 

      Bigger than Texas 1992

      http://aso.gov.au/titles/documentaries/bigger-texas/clip2/ 
      Click on the above link to see video clip

      Curator’s clip description

      Archival footage shows Perth’s celebrations when Perth businessman Alan Bond’s yacht wins the Americas Cup. In a speech at the launch of his book about Bond, journalist Paul Barry comments on the rise and fall of a national icon.

      Curator’s notes

      Western Australia’s need for a hero and the environment of corporate excess in the 1980s created Alan Bond. He became a national hero when his yacht won the Americas Cup. He bought the Nine Network and borrowed excessive money. His downfall was as spectacular as his rise. He was found guilty of fraud and fell from favour.


      John Curtin Foundation gathering Left to right, rear: Denis Cullity, John Horgan,Alan BondLaurie Connell, Ric Stowe, James McCusker, Rod Evans; Front: Kevin Parry, prime minister Bob Hawke, state premier Brian BurkeJohn Roberts and former Perth lord mayor Ernest Lee-Steere

      WA Inc

      WA Inc was a political scandal in Western Australia. In the 1980s, the state government, which was led for much of the period by premier Brian Burke, engaged in business dealings with several prominent businessmen, including Alan BondLaurie Connell and Warren Anderson. These dealings resulted in a loss of public money, estimated at a minimum of $600 million and the insolvency of several large corporations.
      Bond and Connell were major contributors to the party in government, the Australian Labor Party and its remarkable fundraising structure, the John Curtin Foundation.[1] A royal commission (the Royal Commission into Commercial Activities of Government and Other Matters) was established in 1990 by Labor premier Carmen Lawrence to examine the dealings.
      Connell alleged [in evidence to the Commission] that Hawke dropped a proposed gold tax after Connell and various Perth high-flyers donated $250,000 each to Labor during an infamous lunch in Brian Burke's office in 1987 -- a claim the former PM vigorously denied. Burke's loyalty to those who had donated their efforts (and money) to Labor was no less fervent. Taking the John Curtin Foundation axiom to the next level, Burke created the West Australian Development Corporation and installed fellow Catholic John Horgan (pictured second from left, top) on $800,000 a year, an extraordinary figure for a public servant not only then but now.
      —Journalist Tony Barrass, [1]
      In 1991, political scientist Paddy O'Brien identified the members of the government most associated with WA Inc deals as premier Burke and his successor Peter Dowding, deputy premier David Parker, industrial development minister Julian Grill and attorney-generalJoe Berinson.[2]:p132

      Corporate failures

      As an outcome of questionable business practices, precipitated by the 1987 stock market crash, several major businesses based in Perth found themselves in difficulties and ultimately went into bankruptcy. These included:
      • Rothwells. Described as a merchant bank owned by Connell, but more accurately known in business circles as a 'lender of last resort', Rothwells had built up a stable of businesses it had acquired during the 1980s through aggressive takeovers. In October 1987, investors made a run on the bank and it had to close its doors. Burke, on behalf of the government, provided a $150 million government guarantee. Connell had previously been the adviser to the 1983 government purchase of Northern Mining from Bond Corporation for between $7 and $12 million over value but, as Burke knew at the time and concealed from parliament, Connell was also acting for Bond Corporation.
      • Bell Group, Robert Holmes à Court's flagship company, encountered a cash crisis and Bond Corporation and the government, through the state Government Employees Superannuation Board (GESB), acquired major stakes in the business, allowing Holmes à Court to walk away with $350 million.
      A proposed petrochemical plant was to be built as a joint venture between Laurie Connell and Dallas Dempster, both being businessmen with close government connections. $100,000 was outlaid as a deposit on a block of land at Kwinana but otherwise the proposal did not proceed beyond designs and stood as a basis for extravagant fund-raising, loans, collateral transactions, development of proposed plant, management fees to Bond Corporation and, eventually, was sold for $400 million —$175 million being provided by a government agency, WA Government Holdings

      Losses incurred by the government

      The government had lent large sums of money, offered financial guarantees and acquired assets at inflated prices. Because of the connections between many of the deals and cross-ownership of businesses involved, it is difficult to say precisely where the government's fault started and ended. A minimum loss to the state of $600M has been reported.[1] 
      In 1991, barrister Bevan Lawrence published what he regarded as a conservative itemisation of the government's actual losses. The figures are summarised as follows:
      Rothwells and Petrochemicals Plant $408 million
      Purchase of Bell Group shares from Robert Holmes à Court $155 million
      Unlisted bonds purchased from Holmes à Court, later assessed as having no value $140 million
      Westralia Square (Perth Technical College site redevelopment)[3][4] $74 million
      Central Park property redevelopment $100 million
      Grand total[5]:p389 $877 million


      The royal commission

      On 19 November 1990, Carmen Lawrence, the then Labor premier, announced her government's intention to hold a royal commission to "inquire into certain matters". This decision followed more than a year of strong public advocacy by the activist group, People for Fair and Open Government[6] headed by the premier's brother, barrister Bevan Lawrence, Professor Emeritus Martyn Webb and prominent political scientist Paddy O'Brien. O'Brien edited The Burke Ambush, subtitled Corporatism and Society in Western Australia, which was the first substantial exposé of Burke's pro-corporate government—a collection of articles by himself and other Western Australian writers, including Hal Colebatch, Robert Bennett, Joseph Poprzeczny, John Hyde, Paul Nichols, Michael McKinley, Anthony Dale and Tom Herzfeld.[7]
      The commission of three was headed by Geoffrey Kennedy and joined by Sir Ronald Wilson and Peter Brinsden, with a brief "To inquire into and report" whether there had been "corruption, illegal conduct, improper conduct, or bribery" on the part of any person or corporation in the "affairs, investment decisions and business dealings of the Government of Western Australia or its agencies".


      Main findings

      After approximately 21 months of enquiries and hearings, the commission's final report began:
      1.1.1 The Commission has found conduct and practices on the part of certain persons involved in government in the period from 1983 to 1989 which were such as to place our governmental system at risk. Unfortunately, some of that conduct and some of those practices were peculiar to Western Australia; but there is no reason to believe that many of the fundamental questions raised by our inquiry were unique to this period or to this State. On the contrary, as detailed studies in other States and overseas clearly demonstrate, they have been raised elsewhere as a consequence of events similar to those which we have experienced.
      1.1.2 Some ministers elevated personal or party advantage over their constitutional obligation to act in the public interest. The decision to lend Government support to the rescue of Rothwells in October 1987 was principally that of Mr Burke as Premier. Mr Burke's motives in supporting the rescue were not related solely to proper governmental concerns. They derived in part from his well-established relationship with Mr Connell, the chairman and major shareholder of Rothwells, and from his desire to preserve the standing of the Australian Labor Party in the eyes of those sections of the business community from which it had secured much financial support.
      1.1.3 Subsequently, Mr Dowding, as Premier, presided over a disastrous series of decisions designed to support Rothwells when it was or should have been clear to him and to those ministers closely involved that Rothwells was no longer a viable financial institution. This culminated in the decision to involve the Government, through WAGH, in the Kwinana petrochemical project as a means of removing the Government's contingent liability for certain of the debts of Rothwells. Electoral advantage was preferred to the public interest.
      1.1.4 Personal associations and the manner in which electoral contributions were obtained could only create the public perception that favour could be bought, that favour would be done.[8]:p.22
      In an earlier finding, the commission had summarised:
      [The Government was not entitled] to risk the public resources of the State without its actions being subjected to critical scrutiny and review. Effective accountability was a casualty of its entrepreneurial zeal. Influence in the conduct of this State's public affairs was captured by a small group of self-interested businessmen.[9]:p.10


      Summary of main issues[10]

      Report Volume I
      The natural gas sales agreements entered into by the State Energy Commission of Western Australia for the purchase of natural gas from the North West Shelf Joint Venturers
      The contracts relating to the Dampier to Perth natural gas pipeline project
      Financial assistance by Government to Bunbury Foods Limited
      Government Employees Superannuation Board (formerly the Superannuation Board) involvement in the Halls Head development
      Report Volume II
      Government Employees Superannuation Board (formerly the Superannuation Board) involvement in the Fremantle Anchorage development
      The acquisition of Northern Mining Corporation NL in 1983
      The Burswood Island Casino
      The sale of the Midland Abattoir site in 1986
      Report Volume III
      Purchase of the Fremantle Gas and Coke Company by the State Energy Commission of Western Australia in 1986
      Swan Building Society
      Teachers' Credit Society
      Report Volume IV
      The rescue of Rothwells Limited; the immediate aftermath of the rescue and continuing liquidity problems
      SGIC's acquisition of shares in BHP Limited
      Rothwells from mid November 1987 to early April 1988
      SGIC's acquisition of shares in the Bell Group Limited and subsequent NCSC investigations
      The Kwinana petrochemical project to the signing of the memorandum of understanding
      Report Volume V
      The Kwinana petrochemical project to the settlement on 17 October 1988
      Events from the PICL settlements to the liquidation of Rothwells
      Conclusions on Rothwells-related matters
      Central City property transactions entered into from 1984 onwards by the Western Australian Development Corporation, the Government Employees Superannuation Board (formerly the Superannuation Board) and the State Government Insurance Commission]
      Report Volume VI
      Allegations of bribery with respect to planning decisions in the City of Stirling for Observation City
      Other allegations arising from the trial of Robert Mark Smith and Robert Paul Martin held in the District Court of Western Australia before His Honour Judge Keall and a jury in October 1990, including those with respect to surveillance activities
      The adequacy of the police investigation of the matters referred to in chapters 23 and 24
      Political donations
      Conclusion


      Costs and outcomes

      The royal commission cost $30 million, including $12.5 million in witness costs. Of the latter, $3.6 million funded Burke's own legal fees ($1.71 million) and those of David Parker ($1.92 million).
      Burke and his predecessor, the Liberal premier Ray O'Connor ultimately served prison sentences as a result of convictions which arose from findings of the commission. The premier immediately after Burke, Peter Dowding, and public servant Len Brush were both found to have acted improperly.

    Alan Bond (businessman)

    Alan Bond, entrepreneur and businessman


    Alan Bond was born in Hammersmith, London, on April 22 1938 and emigrated to Perth, Western Australia in 1950. In 1959 Alan formed the Bond Corporation, opening the way for a new style of international entrepreneur; acquiring companies and using his drive and innovation to build them into world class corporations.

    Alan's natural flair for business soon became evident and the Bond portfolio grew steadily from property to mining into broadcasting and on into telecommunications. He was voted Australian of the year in 1978 and became a national hero in 1983 when he brought home the Americas Cup which had been held by the US since 1851.

    Since then, Alan's drive and energy have resulted in a long list of some of the most prestigious business ventures around and he continues to lead the way in opening up new opportunities in mining and investment. 

    Setting the record straight:

    book
    Bond 
    by Alan Bond 
    $Buy Now 

    The
     Americas Cup

    One of the world's greatest sporting prizes brought home by Alan Bond...


    Alan Bond was voted Australian of the year in 1983 when his team won the Americas Cup...

    Alan Bond today


    Business interests


    Alan's extensive business interests include; Global Diamond Resources •Strategic Investments • World Gold Corporation • Madagascar Oil • Lucky Country Liquorice • Bond Energy •