Assaulted, intimidated or harassed in custody?

"Then make an Apprehended Violence Order application against the police, says assault victim Ms Teresa Kiernan.

On 29th July 2005, the Downing Centre Local Court heard an application against Leading Constable Mathew O'Neil of Surry Hills Police Station.

The court heard that O'Neil and his colleagues threw Teresa Kiernan on the floor in a concrete cell, pushed and shoved her, deliberately caused her to be parted from her essential possessions during her arrest, and unnecessarily teased, jeered and humiliated her.

"I believe there are only two reasons why police abuse vulnerable people in custody" Ms Kiernan said to Magistrate Timothy Keady. "The first is to influence by fear. Police try to get arrested people to plead guilty by using intimidation. The second is because there is no evidence or witnesses, and violent and abusive people throughout the ages have always committed such crimes in this condition."

The AVO application was heard in a matter of minutes before it was dismissed. "To everybody's credit, everybody kept a straight face." says Ms Kiernan. "The industry is not going to cause detriment to one of its own. I note that public servants, lawyers, security guards, police and correctives manage to escape the AVO system."

An AVO means a defendant cannot have a gun license for ten years and cannot work in law enforcement, as well as experience other barriers. My point is that cops, screws, security guards need gun licenses. .. a cop with an AVO is finshed: he will lose his job.

Department of Corrective Services staff can't be employed if they have an AVO. Magistrate Pat O'Shane had an AVO put on her and now can't hear domestic violence cases, thus her employment prospects have been reduced. The legal industry doesn't give a hoot about violence and abuse: all its employees are violent and abusive themselves and they are not getting AVOs put on them.

AVOs in NSW are serious business, with the industry slapping AVOs on people at an alarming rate without the benefit of sophisticated and robust legal system. There is an extraordinary lack of support and structure for defendants in the system, which seems to be looking for new ways to criminalise and marginalise people.

The majority of people in custody in NSW are defendants accused of breaching AVOs, and may be arrested merely on the say-so of an amonial other.

"If every person who got mistreated in custody made an AVO application against abusive police officers, or at least the ringleader, NSW would capture a more accurate profile about abuse of its police powers" says Ms Kiernan.

"It is a well established culture that police know where the video footage is in custody and where it isn't; it is a game to them to dodge it." In addition, Ms Kiernan points out, making an AVO application against a police officer intervenes in the police's intimidation tactics in the court environment, engaged in so that defendants can be as rattled as possible before gracing the witness box.

"From a scientific point of view, it costs the police money to get their own lawyers to defend their own officer's behaviour. This, coupled with the public embarrasment factor, is a deterrent for abuse of police powers."

"We can only send our condolences to Tracey Twaddle, who I am sure doesn't think it is a game." Ms Twaddles husband, died in police custody in Palm Island last November from four broken ribs and a ruptured liver, where video surveillance only partially covered the police custody area.

By InJust Us posted 9 August 05

Related Comments:

From the Indymedia news wire:

Full story, please
by Vas Deferens Friday August 12, 2005 at 05:31 PM

On the one hand, the author is implicitly criticising the 'system' for discharging the defendant (the police officer) in this case. Yet on the other, she laments the lack of support and structure for defendants in the system. Oh, that must be unless the defendant is a cop. We can't have rights for everyone, I guess. She's right about AVOs having a seriously detrimental effect on police and others in the legal system. What a great tactic it is for defendants and their lawyers to hamstring law enforcement by bringing vexatious AVO complaints against the police. Little cost if they lose, big result for the crook if they win.

Please give us more facts about the above case. What was she charged with? Were there any corroborative injuries presented in evidence? Did she give sworn evidence and was she cross examined? More details please. You say it was over in a minute. Did she withdraw the application? If it proceeded, there is no way it could have been heard in a minute.

Give us the whole truth, not just the hyperbolic rant which shows your prejudice.

Keep up the good work
by Gregory Saturday August 13, 2005 at 04:43 PM

Hi Vas Deferens,

I guess if you followed the links you'd get the picture sure enough and in my opinion, what this person said was quite true.

Cops and a range of others can harass the community, use corporal punishment, inflict sexual assault, strip-search, plant evidence, verbal them, threaten them, place them in a dangerous situation, in a confined space or psychologically abuse them in custody just because they've been accused of some breach of the law. And some cops are truly arseholes. Personally I've had to tell one or two off myself at the Downing Centre during an AVO hearing that they should get a real job because these losers were bullies who used their power to intimidate, harass and victimise people! Were they on drugs? Well you'd have to ask them!

The AVO was brought on by a politician against her constituent that sought her help because he was being harassed by the police. Ring a bell? But these Surry Hills police were smarter than your average dumb cops so they got in first. So when the complainant's politician contacted the police to complain on behalf of her constituent the police told the politician that her constituent was dangerous and that she should avoid her constituent at all costs?

Hence the politician then took out an AVO against her constituent. I have the paperwork to prove it accept no tribunal will here it! And if you were a politician why wouldn't you believe the police over your constituent's concerns? Any person can have an AVO made out if they can prove they have a reasonable fear of another person. So I guess AVO's work for people who use them no matter who is in the right because right in not determined on whether there is a 'reasonable fear'.

Keep up the good work Teresa.

Assaulted, intimidated or harassed in custody?
By InJust Us Sunday August 14, 2005 at 12:41 PM

Thanks for your response and the questions you raise Vas. Yes I am highly critical of the AVO system, and yes I am highly critical of the magistrate dismissing the case within minutes without hearing sworn evidence and forensic evidence that proves injury, just because the defendant is a cop. Yes I am highly critical where most defendants in AVOs can't afford lawyers, yet when the defendant is a cop the public purse pays for his lawyer. I do not think this is in the public interest.

It wasn't a veracious application, Vas. Police are seasoned and cunning at abusing people in custody. That is one of the reasons why we had a Royal Commission and that is why the public purse pays for video cameras in police cells, and why in NSW we spent millions of dollars per year running a Police Integrity Commission and an Ombudsman's office and even a commission against Corruption. None of these things work in terms of accountability, I believe. You have to hold police accountable yourself by taking them to the courts. Problem is, like all abusive people, they're a bit sly and know how to assault people without leaving evidence, and know where there video surveillance isn't. Yes I agree with you that one of the problems with AVO's is that there is little cost if the applicant loses, and a big impact for the defendant if the AVO is made.

I was charged with knowingly contravening an AVO. I did have corroborative injuries but as the magistrate (unlawfully) wrote off my AVO application t the first available opportunity, I didn't get opportunity to present it. I gave sworn evidence and yes I was cross-examined.

I am going to privately prosecute NSW Police for doing this. I highly recommend anyone who has been assaulted or harassed in custody to do the same. Even though I feel your comment about prejudice is strange, please feel free to post more questions. If you want more info about my case please visit

PS: Can I ask what you do, Vas? Are you a cop?

The AVO experiment
By InJust Us posted posted 14 August 05

Apprehended Violence Order

.. are just an idea. No one can really stop you from doing anything. There are plenty of people with criminal records, especially from my generation eg: Baxter protests.

But I am still appealing.

When we come to power all of us in parliament/government will have criminal records. All it will mean is that we came from a climate that was interested in marginalising people as much as possible. If they create too many criminals they will get a large class of us fighting back.

I note that oppressive laws and legal climates such as the Family Law Act and Domestic Violence oppress and incriminate innocent people for about 15 years until the group gets too big and sick of it, so they lobby and fight back, then laws change..recent reform for ostracised Dads is a good example. Who does the state think it is treating Dads like that?

I don't have any kids but if the state took my kids off me I'd go ballistic. No wonder kidnappings happen in these cases.

The criminal system including Department of Corrective Services and including cops are bastards in these examples. They just warehouse people and try and make things worse. They are interested in extending criminality as much as possible.

I have every confidence the system couldn't give a hoot about the status of women and families and that AVOs are just a system of extending the criminal justice system. They are rent seekers. Without AVO legislation you would never have got someone like me in the back of a police van or in custody.

AVO legislation was introduced as an emergency measure because the police were not doing their job in regards to delivering the social contract to women and children. They still don't. Nothing has changed except more innocent people are in jails. Violent people become aware of AVO law they become very manipulative.

The modern condition is that you abuse someone and get in first, and get your victim in trouble.

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When your local politician refuses to mediate you're MARGINALISED in NSW

Fax from Brett Collins Justice Action to Clover Moore MP Member for Bligh.

Clover Moore
Member for Bligh
Fax 9331 6963

This fax has been stimulated by an approach by police to Gregory Kable by phone last night. They insisted on his attending the Kings X police straight away. Gregory reported to me that they were quite aggressive. He believes that it is for and extension of the AVO.

Just to bring Gregory's situation up to date, he works as a volunteer here at Justice Action as a totally dedicated caseworker, dealing with the most difficult cases ringing and writing from jails all over Australia. He opens up our premises at 8am every morning and is our receptionist.

He is a delight with a smile on his face that lightens up the day for people coming in, and a voice of friendship to those in the jails. Families talk with him all the time, and we proudly tell people of the contradiction that this man demonstrates. A man who was "dangerous" enough to formulate a law during the "law and order" pre-election period, now absorbed socially and a real asset. His compassion is presented constantly and we are very proud of him.

In March we renewed our mentoring arrangement with the Surry Hills Police Commander and notified the then Police Minister Michael Costa. He was told personally of the arrangement when we met with him a while ago, and said that he supported it as an example of community policing. I attach the correspondence.

I ask you to accept my personal assurance that Gregory is no problem whatever and that it is better for everyone to accept him back with goodwill we all move on and learn lessons of experience. We want to launch our mentoring project shortly and would highlight the achievements of Gregory as a fabulous example.

Would you ring me urgently to discuss the matter? Gregory will need to respond today to keep any tension out of the situation.

All the best,

Brett Collins
Justice Action
June 20, 2003

Response from the Downing Centre Local Court.

ORDERS MADE BY THE COURT

The Apprehended Violence Order made on 18/06/2003 is now in the following terms:

ORDERS MADE UNDER SECTION 56BC

A. The defendant must not engage in conduct that intimidates the protected person (s) or any other person having a domestic relationship with the protected person (s).

B. The defendant must not stalk the protected person (s).

OTHER ORDERS MADE:

1. The defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person (s)

4.The defendant must not go within 25 Metres of the premises at which the protected person (s) may from time to time reside or work, or other specified premises Clover Moore PARLIAMENTARY OFFICE 58 OXFORD ST PADDINGTON NSW

7. The defendant must not contact the protected person (s) by any means (including through a third person) except through the defendant's legal representative.

Please note order 7 was in response to Brett Collins mediation effort. No previous breach of any order made by the court had been entered in the previous three years Gregory Kable was ordered to abide by the AVO.

The AVO was originally taken out because Gregory Kable complained to Ms Moore of being harassed by the New South Wales police.

Subsequently police continued to harass Gregory after Gregory notified Ms Moore about the problem and Gregory had to approach Ms Moor his local MP on more than one occasion because the police harassment didn't stop.

Because of that reason and that reason alone Gregory was marginalised. There had been no breach of the law by Gregory Kable.

The complaints mechanism Gregory or any citizen for that matter can be taken away. Gregory has to seek relief using his local member and the New South Wales Parliament when a public office like police get it wrong. Now Gregory's complaint mechanism has been usurped for another period. Why?

Thanks

Why the NSW Police wanted to see me last night

I worked hard all day yesterday as a volunteer at Justice Action and I arrived home at 5pm. At 6pm my mobile phone rang.

By Justice Action 26 July 03

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Why the NSW Police wanted to see me last night

I worked hard all day yesterday as a volunteer at Justice Action and I arrived home at 5pm. At 6pm my mobile phone rang.

It was Kings Cross police.

Police: Hello Mr Kable.

Kable: Yes.

Police: We would like you to come down and pick up the variations to an AVO made by Clover Moore MP 3 years ago.

Kable: That AVO order must be almost finished. Okay I will come down.

Police: Are you coming down now?

Kable: Yes!

Police: If you don't come now we'll keep knocking on your door until we can serve them.

At that time police ringing my phone was enough to slip me into post traumatic stress because of police harassment in the past. We had a conflict of interest that had not been solved.

The Apprehended Violence Orders (AVO) was taken out on me by Clover Moore MP after I complained to her, my local MP in the Bligh electorate, because of police harassment almost three years ago. I continually complained to her because the police harassment never stopped even when I had complained many times.

One day I posted a notice on Clover Moores Paddington office Window about the police harassment because I was sick of getting no support and subsequently I was picked up and taken to Caritas Psychiatric hospital in Darlinghurst down the road from Moore's Paddington office for placing the notice on the wall.

My solicitor Mr Angus Neil Smith explained, "He was given enough drugs to put down an elephant". Three days later I was released by Magistrate Pearce. Mr Angus Neil Smith said, "My client was illegally arrested".

The AVO was made because police convinced Clover that my integrity was not intact? Clover believed them obviously.

Some months later I made arrangements to meet Brett Collins at Parliament house for a demonstration. Before Brett arrived I was picked up out-side Parliament House in Macquarie Street and arrested. Breach of and AVO Clover Moore. Subsequently the orders stated her Paddington Office but were amended when I was hauled in for the alleged breach to extend to Parliament House Macquarie Street Sydney.

I beat the base charge because the orders did not include her office in Parliament House. Nor did I have any reason to see Ms Moore there that day. But I was convicted of resist arrest though and fined $160. I resisted arrest because I was terrified after being drugged by them and felt innocent of any crime.

Subsequently there has been no breach of the orders in relation to Ms. Moore.

Back to last night.

I thought who owns the problem? Why am I going out of my way for their problem?

I rang Kings Cross police back and gave them my solicitor's address and asked the constable to serve my solicitor and I will pick the papers up off them.

Police: Took down the notes.

I hung up.

Police: Ring back 5 minutes later. You have to come down to Kings Cross police station and be served in person.

Kable: No serve my solicitor.

Police: Don't swear at me.

Kable: I didn't swear at you.

He was angry and said.

Police: We will subpoena you if you don't come down now!

I hung up the phone.

I raise this matter today because I am frightened of the police and what they will do now.

They are clearly trying to make orders for another 3 years or so.

But that means I cannot have my constitutional passage with my local member or NSW Parliament that my friends is less than fair. It is my understanding that there is no Legal Aid to defend you against AVO's. You must defend yourself.

Subsequently police never went on to serve my solicitor? Never served me at JA my workplace? So why did they just want me on my own in their parlour? And whilst I was being harassed by police in the whole period there were bikie groups involved and working with them.

By Gregory Kable 20 June 03 Posted 25 June 03

Related:

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Getting Justice Wrong DPP make full admissions
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Call to Bronwyn Bishop's Federal Crime Inquiry
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A three-strikes plan, which uses the threat of fines and jail to (force) parents to meet their parental obligations after divorce, could be introduced under a draft proposal from the parliamentary committee charged with reviewing the Family Law Act.

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There's a new lap dog looking for a lead in Bligh
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The community questions ICAC's slagging and fobbing you off?
The ICAC, Commissions, Ombudsman, Police Integrity Commission (PIC), and numerous Tribunals etc, are all arms of government set up as an insurance police for the government's 3 or 4 year election terms. In short they'll be out of office by the time you may be lucky enough to have your matter heard.

When is Michael Richardson going to remove the offending Family Court affidavit from the NSW Parliament website? Criminal: Hills district MP Michael Richardson. When is he going to remove these uncorroborated lies and family court pleadings on the confidential Family Court affidavit from the NSW Parliament website?

The Law According to Gregory Wayne Kable
I was sharply separated from both my children aged just 4 years and two years and sent to prison for the manslaughter of my wife. I cared for my children when my wife worked and I believe that I still had a responsibility to them even after the crisis situation and tragedy. I wanted to reassure them now and find out how they were doing.