Peter Hakala: Miscarriage of Justice

THIS IS WHAT IT SOUNDS LIKE WHEN DOVES CRY...

UK: The year was 1986, and on direct instructions from Mr Michael Saunders an Australian police informer who got his wife Mary Saunders to make rape allegations against me. I was subsequently arrested and taken to the police station where I made a written statement on 6 January 1986.

Shortly thereafter Mrs Mary Saunders withdrew her allegation and I was released.

A few days later a Mrs Avigdor contacted the very same police station in London and spoke with the same police officer and had me charge with her rape prompted by Michael Saunders the police informer.

I was subsequently rearrested and have remained in prison ever since.

Mary Saunders then reinstated her original allegation and Michael Saunders made a statement against me and became a listed police witness in my case.

I did not make anymore statements but strangely two other statements turned up on January 10 & 11 1986, unsigned? I was not even in the same location when those two fabricated statements were made and I only made the January 6 statement.

Mary Saunders made her statement January 6 86, she was from an 'outer suburb' of London called Richmond Hill and I was taken and charged at Richmond Hill police station.

Mrs, Avigdor made her statement on January 8, 86, she was from Earls Court an 'inner' suburb of London

In a three-day interim period 19 items were seized for forensic evidence as detailed in a statement from Detective Inspector Shepperdson and other police including DC Hollingsworth.

Police detailed in DI Shepperdson's statement made on 29 January 86, stating the items have been destroyed by the authority?

The trial commenced on 24, July 86, for count 1 Rape - count 2 Assault (occasioning actual bodily harm) - count 3 Rape - count 4 Rape - count 5 threatening to kill, (pleaded not guilty to all charges).

Michael Saunders was made subject of a 'Full Bound Witness Order', which required his attendance at the trial for the prosecution.

Mary Saunders also brought charges against Michael Saunders for violence towards her and a deportation order was issued against him. Subsequently he was deported back to Australia on 25, July 86, one day into my trial and I was not informed about this deportation by the prosecution.

The deportation was raised and addressed in the Court of Appeal, which refused leave on 25 March 88. I gave oral evidence under oath before the jury as advised by my barrister and evidence given by the two interviewing officers was left unchallenged.

The Jury of 12 members retired to consider their verdicts on 30 July 86, and the jury were directed by the judge to issue a unanimous verdict but were unable to and the judge therefore ordered that he would accept a majority verdict.

They found me guilty on count 5 and count 2. However after some 8 hours because they could not agree on the rape charges, the judge discharged the jury and ordered a retrial.

The senior barrister throughout both trials changed around twice. My solicitors originally instructed J Wadsworth QC who prepared for the first trial.

The case was transferred to Arthur Davidson QC who had never seen me or the papers.

Mr Davidson completed the first trial and was logically expected to act in the second trial. Mr Davidson chose to retire from the bar in between the first and second trial. The case was then transferred to Mr Wadsworth who took over until the completion of the second trial.

The second trial commenced on 3 December 86, at Central Criminal Court in London. Three days into the trial on 6 December 86, the judge who normally sat in Southwark Crown Court took the trial with him. I faced charges in relation to counts 1 & 3, & 4 and after five hours of deliberation and a direction by the judge to find a majority verdict, the jury found me guilty unanimously on all three counts.

I sought leave to appeal on 5 May 87. The grounds of the appeal were based principally on Michael Saunders deportation. Leave was refused when the application was heard in the full court on 25 March 88.

On 8 June 98, with a new solicitor an application was made to the Criminal Case Review Commission (CCRC), the application was based on fresh evidence, which cast doubt over the authenticity of the two police interviews. The CCRC, investigated the claim and took the decision on 5 June 2000, that the evidence raised sufficient doubts and referred the case back to the Court of Appeal.

The Court of Appeal refused the application on 19 March 2002. Steps were taken to appeal to the House of Lords however proceedings were abandoned on 14, October 2003.

So 30, July 86 - Central Criminal Court - convicted of assault, found not guilty of threat to kill, jury unable to decide on three rape charges, judge ordered a retrial.

9, December 86 - Southwark Crown Court - convicted of rape 3 counts.

5, May 87, - Court of Appeal (Criminal Division) - leave to appeal refused by a single judge.

25, March 88, - Full Court of Appeal (Criminal Division) - leave to appeal refused.

5, June 2000 - CCRC - granted referral back to the Court of Appeal.

19, March 2002 - Court of Appeal (Criminal Division) -leave to appeal refused.

Forensic Handwriting Document Examiners: Robert W Radley, who completed an ESDA test on 10 & 11 January on the (fabricated statements) stated that the outcome was, that the starting time seemed to be the same as the completion time. That numerous pages have been rewritten. And some further pages had been rewritten from the rewritten pages.

Linguistic Professor, Nixon completed numerous tests on 6 January 86, on the statement which I made and the consecutive statements produced by the police on 10 & 11 January 86. His findings were, if Mr Hakala made the statement on 6 January 86, then he can't be the same person who made the statements on 10 & 11 January 86.

Mr J Wadsworth QC who today is a Judge of the Crown Court sent me a letter dated 6 August 2002, where he stated not to challenge the honesty of the police.

Mr Dave Parry, Chief Scientist Group the Forensic Science Service, on a letter dated 31 October 2003, indicated they have found tapings now of my case which has been stored away and are of the complainants pants (No Semen Stains) and they could not find my DNA on the complainants items.

The police took almost 30 different items to the Forensic Science Service for forensic testing but FSS could not find any criminating evidence against me.

As soon as the two detectives DC Robert Hollingsworth and DI Peter Shepperdson were informed about the ESDA test their story again changed. Also note the record page was written before the front page. Hollingsworth stated, "It was common practice to pre-head the front page".

This is nonsense it is against all instructions and would not be common practice. Hollingsworth stated, "Notes were passed as an aid memoire". But where are these original notes? Police are instructed that all notes must be retained.

Shepperdson stated that all notes were offered to Hakala for examination and signature. He stated that he did not read the notes to Hakala who had declined to sign. By stating "I handed the notes to Hakala" it must be the case that I took hold of the notes according to the police otherwise he would state Hakala refused to accept or read the notes. Therefore my fingerprints and DNA will be present on the documents. The original documents i.e. all three interviews should be provided for testing for the following reasons.

I accept that I was handed the first interview and read it. Therefore common sense dictates they will contain my DNA and fingerprints, but I will state that interview 2 and 3 were fabricated and that I had never been present or had ever been handed the notes to read as stated by Shepperdson.

Therefore if I am telling the truth no DNA or fingerprints of mine will be present by carrying out their tests and it will confirm once and for all whether the two police officers are telling the truth or if in fact they committed perjury and conspired together to pervert the course of justice.

There have been numerous wrongful convictions in the past and this is not the first and will not be the last miscarriage of justice. In response to public concern about wrongful conviction the Government has stated they have an absolute determination to acquit the innocent, yet this is a promise that they cannot fulfil.

Public awareness should be raised of wrongful convictions. Also experienced groups with representation from academic campaign oranisations and criminal appeal lawyers should undertake research that identify the causes of wrongful convictions that effects legal reform of the criminal justice system.

Its contribution to the resolution of wrongful convictions as this case will primarily be its work to undertake and deploy evidence based research into both the causes of and the provisions that exist to remedy wrongful convictions.

This could also educate future lawyers in how wrongful convictions like mine occur and how to overturn them, by developing their skills of investigation and fostering an in dept understanding of appellate procedure. This wrongful conviction should also inject some scepticism into future lawyers. Open their eyes to the realities of criminal procedures.

Let's surface total truth and find justice for Peter Hakala.

You can contact Peter at,
L44089
B Wing HMP
5, Love Lane,
Wakefield WF2 9AG
England.

By Peter Hakala 3 February 05

JUST BEAT IT! Govt lauds crime-solving technology?

They told him don't you ever come around here. Don't wanna see your face, you better disappear. The fire's in their eyes and their words are really clear. So beat it!

The New South Wales Government says advances in crime solving technology are helping the progress of hundreds of police investigations.

But is this technology a way for the government to identify you as a potential criminal in case you get in the way or because you're an agitator?

Or merely because you're in the wrong place at the right time?

You better run, you better do what you can. Don't wanna see no blood, don't be a macho man. You wanna be tough, better do what you can. So beat it.

In order to profile you (the citizen) today in NSW, they need to find out where you live and take a picture.

Then they'll speak to your old schoolteacher and find out what your weakest points were as a student.

Then they'll see if there is any crime in your area that needs solving.

If you can't prove where you were when the crime was committed then you'll have to prove you weren't at the crime scene.

They take DNA and match it or they already have your profile DNA and match it. Now you have to prove it doesn't match the crime scene.

Then if you're ugly and they don't like you with all circumstantial evidence they have, [or even flawed circumstantial evidence,] as well as your new digital visual imagery photograph of your face (that's ugly) [especially if they rotate it side-ways] and you look like a potential criminal, then...

Then they bring on the informer (dog).

The dog they pay to say it was you!

He'll be scratching in the box waiting for his next hit, the dividend for giving you no alibi.

You have to show them that you're really not scared. You're playin' with your life, this ain't no truth or dare. They'll kick you, then they beat you, Then they'll tell you it's fair. So beat it!

Why they need to solve this crime is because it means a lot to some person or the State to solve the crime.

Then it was you wasn't it? Prove it wasn't you? How?

Legal Aid.

The Police Minister John Watkins says 'biometric' technologies including "livescan" and "phototrac" are being rolled out to police stations across the state.

"Livescan fingerprinting technology is already throughout much of the state," he said.

"It's been joined with phototrac - new digital visual imagery to take photographs of faces of potential criminals and those people who are arrested."

They're out to get you, better leave while you can. Don't wanna be a boy, you wanna be a man. You wanna stay alive, better do what you can. So beat it!

By Gregory Kable & Michael Jackson 1 July 03

Search this site for DNA: Updated 2009

Corrupt police planting DNA evidence at crime scenes

Others have raised concerns about corrupt police planting DNA evidence at crime scenes.

Military lawyers await probe on DNA tampering

The Army's Criminal Investigation Command said nearly 500 forensic test results from all services dating back 10 years are under review after one of its examiners allegedly faked results. About 119 of those cases pertain to the Navy and Marine Corps.

UGLY: What if you're just born plain ugly and you look like a potential criminal? Then they hit you with the 'Ugly Stick'. I thought that was for fishing?

Related:

DNA testing causes debate in murder case
"Once police have some part of you like DNA, they will look further to profile you whether you're guilty or not. If they find some form of circumstantial evidence [or even flawed circumstantial evidence] to attach to your DNA they will plant the rest of the evidence on you like you had always owned it and you will be convicted and sent to jail guilty or not," he said.

Retrospective Laws: Mesmerised like a chook syndrome
What is it? This chook syndrome. Perhaps it is when we allow 800-year-old rule of law to diminish for a dictator like Bob Carr.

ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

Rookies step up to ranks of Keystone-Cops?

Officers untrained in major criminal investigation are being posted to the state's elite body of detectives.

And for the first time, constables not yet even designated as detectives could be investigating murders with the homicide squad.

[But they could put the sniffer pups in that job, because some police don't investigate crimes anyway. They just give lip service and bring on the investigation the way they want to.]

[Of course, in the age of a bent governments and Noble Cause Corruption in the police force, then constables will be more likely to just do like they're told?]

[Police don't solve most crimes anyway, they fall over them. When some person looks like being charged they offer them a reduction off the charges for information. If they want information on the street they give a dog a bone and it wouldn't matter if the bone were illegal.]

The State Crime Command has for about 12 months accepted limited numbers of recruits who had not finished their detective training.

But it is now recruiting officers, some with no formal criminal investigation experience, to bring it up to strength.

[Perfect! They don't need any training?]

The jobs were advertised internally, but each squad's commander was also asked to identify and target suitable recruits.

[But are they going to choose their mates? The one's who owe you a favour? Or who's blue in the Blues Club?]

The head of the command, Assistant Commissioner Graeme Morgan, did not know exactly how many of 80 applicants had no formal experience as detectives.

"We'll have a substantial number who have yet to be designated detectives," Mr Morgan said last night.

"But it's almost certain that those people who express interest in criminal investigation have had some experience in it.

"There's none coming from highway patrol, as far as I'm aware."

The recruits would be spread across the SCC's nine squads, including robbery, gangs, drugs and fraud, and for the first time homicide. No more than seven would be posted there. Each homicide team consists of an inspector, two sergeants and three constables, minimising the demands upon the fresh recruits.

The crime command faced a shortfall of about 100 officers, Mr Morgan said.

Currently, an applicant would be accepted to the crime command after several years' experience as a detective within his or her local area command.

The minimum requirement would now be two years in general duties. Officers would then pursue the normal training program on the job at the crime command.

Local area commands receive their share of graduates from the Goulburn academy, whereas the crime command relies instead on applications for transfer from other areas, which do not like losing experienced officers.

Mr Morgan said it was not in the interests of the public to have all the state's best investigators concentrated in his Strawberry Hills headquarters.

But this latest recruitment drive seems to raise the odd prospect of a junior officer from the crime command being called out to help more experienced police in local area commands.

NSW Police has long been looking at ways to attract experienced officers back to the detectives ranks, following mass resignations and transfers over several years due to corruption in the Force.

Low morale and a tainted image of detectives which followed the Wood royal commission, as well as more attractive positions in uniform, have been cited as major reasons for the drain.

But the Opposition police spokesman, Peter Debnam, said requiring senior detectives to accept untrained officers to fill the gaps was not a solution.

"The detective drought and the budget squeeze on frontline police are delighting criminals and demoralising police. Senior detectives are strongly opposed to using untrained police for criminal investigations," he said.

[Even though some of those delighted criminals were police according to the Wood Royal Commission and the history of police corruption.]

By Lip Service June 5 03

THE ANGEL: Criminals still see NSW as a soft target because frontline police and criminal investigations suffer from corruption, filthy rotten slimy Mackerel's, and police who lie, cheat and steal." Not to mention making up stories about investigations and Noble Cause Corruption. With all those bad averages give the job to the sniffer pups.

Related:

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MPs told of police corruption
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Black Knight Moroney to give evidence?
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The NSW Police Force
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Crime victim group wants say in money allocation
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Abolition of 800 year old double jeopardy law a crime
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When real safety is jeopardised in NSW
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Call to Bronwyn Bishop's Federal Crime Inquiry
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Australia: politicians should watch police
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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.

Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."

2,500 crooked detectives? Or a corrupt Government?
Evan Whitton: Either two things occurred. If you said you didn't join the police force to extort money from working girls, your papers were marked 'not suitable for plain clothes' and you were sent back to uniform.

How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.

This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.

Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.

Bob down and sniff my arse
These are serious invasions of privacy and draconian laws? Where are our democratic soldiers, the lawyers and the barristers who need to take on the government in the courts? Are they plastic? Or to busy feathering their nests? Or have they been cleverly purchased by this black government. Drug test police and politicians, and have the tests independently accessed.

Come in spinner? Or Come in sinner?
"You don't have, in my view very vigilant processes. I suppose it's akin to the problem of corruption within the police," he told the ABC radio. " People say there's corruption with the police (but) do you get the police to investigate problems within their own ranks?

Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.

Australia's Political Underworld...& their enforcers
The promotion of law and order means money to big business. Profits from insurance, security fixtures, patrol services and the like can only continue to grow if the perceived threat of uncontrollable crime wave escalates. In the past few months there have been many examples of the true nature of our blood thirsty politicians and their sinister attempts to spoon-feed a not so gullible public with their repetitious rhetoric.

Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.

Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.

Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:

Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').