How does it all work? Better still how does it all pan out?Mr Bob Debus
Attorney General
Dear Mr Debus,
I was approached by a person, S M, in November 2000 to solicit a loan from my investment company. I was running at the time. Mr M indicated to me that he would like to be a part of my company. I told him that he could pay the sum of $165,000 as deposit to obtain a floor of the MBF Building at 10 Bathurst Street, Sydney. He agreed on the basis of a 10% stake in the new company S Technology which would be worth a considerable amount.
Monies were paid via bank cheque and we proceeded with the set up of S Technology on a daily basis. After several weeks Mr M asked me a personal question, "Why did I change my name to S H from I H? I was taken back by this question, but I confided that a criminal record was attached to my previous name something I was not proud of. That record dated back some 19 years ago.
He then indicated to me that he could, for a fee of $5000 have my so called record erased by a police officer named Charles Poniris of the Fraud Squad.
I was reluctant to do this but after much prompting by Mr M I consented.
He actually rang Mr Poniris from his mobile in my office and they had a conversation. He then handed me the phone and I spoke to Mr Poniris. Mr Poniris informed me to give Mr M the money and it would be fixed within 3 (three) days.
He informed me that I could check it through CRA. I was to go ahead with the deal and monies were paid.
The very same day Mr M asked me if he could borrow USD $5Million unsecured. I was in a position to arrange a loan like this and told him he needed to produce USD$110,000 to insure the loan with an underwriter of Loyds of London. This was agreed upon and a contract was executed with MR M's signature. As events turned out Mr M defaulted on the above-mentioned contract. The USD$110,000 was never paid by Mr M.
Approximately three to four days after Mr M entered into the contract. I made enquires through CRA to ascertain Mr Poniris's reliability regarding my arrangement with him. To my surprise I discovered the complete opposite had taken place. The CRA had linked my two names. This at the time cause me great concern as it would certainly affect my current business operations.
Mr M came to my office a short time later and I asked him to leave indicating I no longer wished to have any dealings with him or Poniris.
A week later I received a letter from solicitors acting on Mr M's behalf demanding the USD$5Million loan amount. They indicated that the $165,000 was for the contract, but I pointed out it was for a 10% stake in S Technology. I did not care for the man and told him to return the above mentioned loan contract and I would give him the $165,000.
On 11th may 2001 at around 11am in the car park of the MBF Building whilst parking my car I was arrested by 12 heavily armed police in riot gear with the arresting officer being Mr Poniris. I was informed they had a search warrant to search my office, S Technology. They did this and found contracts. I was subsequently charged with Obtaining Money by Deception in regard to Mr M's contract.
It is notable that not any of these defaulters had made any complaints either civilly or criminally against me at this time.
I was granted bail of $100,000 but spent 70 days in custody which resulted in me being in default of certain contracts. I found this to be prejudicial as I would not have defaulted in my contracts had I been able to continue my business. Poniris convinced 3 people who were defaulters to make statements against me and I was subsequently charged for them.
After 70 days imprisoned (on remand) and numerous court dates whilst on release on bail I eventually came before the District Court for trial. On the day of the trial, the prosecutor, Mr Geoff Denman offered my legal team a deal. This being, if I was to plead guilty to two of the five charges against me and had the remaining three to be taken into consideration, and a no bill on the charge involving M.
I was informed that if I agreed to this I would receive a Non Custodial Sentence. The presiding judge (Justice Blanch), on the 17th March, 2003 agreed to this and adjourned the matter for 2 months.
My day of sentencing came and to my astonishment a different judge by the name of Justice Puckeridge was sitting and immediately informed me that I was to be going to jail today. How can this be? He did not want to hear about compensating any alleged victims and also did not take into account any of the circumstances I was in. In fact I found him to be abusive and in particular discriminating using my former nationality (Iraq) in his sentencing remarks even though I have been in Australia for 33 years (and a citizen for some 30 of those years).
In conclusion I feel that the course of Justice has been prevented and that a campaign of denigration of character, assault upon my integrity and abuse of my legal/human rights has taken place. At no time did I try to deceive any person out of any money. As stated in all the loan contracts. For any reason if the loan was not to be approved the return of the up front fee would be refunded in full on first demand. Not any demands for refund of monies were in place at the time of my arrest nor was this mentioned in any of the court appearances I had. I do however admit to trying to have my previous record removed, and I was foolish to listen to Mr M and Mr Poniris but no-one is perfect.
cc: Independent Commission Against Corruption
Judicial Commission of NSW
Justice Minister
Ombudsman
Director Public Prosecutions
Editor Sydney Morning Herald
Premier Secretary
Opposition Leader
By Magnifying Glass 10 September 03
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