Year 10 Civics and Citizenship
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A Police Whistleblower in a Corrupt Political System
A police whistleblower in a corrupt political system Frank Scott Both major political parties in West Australia espouse open and accountable government when they are in opposition, however once their side of politics is able to form Government, the only thing that changes is that they move to the opposite side of the Chamber and their roles are merely reversed. The opposition loves the whistleblower while the government of the day loathes them. It was therefore refreshing to see that in 2001 when the newly appointed Attorney General in the Labor government, Mr Jim McGinty, promised that his Government would introduce whistleblower protection legislation by the end of that year. He stated that his legislation would protect those whistleblowers who suffered victimization and would offer some provisions to allow them to seek compensation. How shallow those words were; here we are some sixteen years later and yet no such legislation has been introduced. Below I have written about the effects I suffered from trying to expose corrupt senior police officers and the trauma and victimization I suffered which led to the loss of my livelihood. Whilst my efforts to expose corrupt police officers made me totally unemployable, those senior officers who were subject of my allegations were promoted and in two cases were awarded with an Australian Police Medal. I describe my experiences in the following pages in the form of a letter to West Australian parliamentarian Rob Johnson. See also my article “The rise of an organised bikie crime gang,” September 2017, http://www.bmartin.cc/dissent/documents/Scott17b.pdf 1 Hon. -
Legislative Assembly
Legislative Assembly Wednesday, 12 June 2002 THE SPEAKER (Mr Riebeling) took the Chair at 12 noon, and read prayers. DUNCRAIG HOUSE, SALE Petition Dr Woollard presented the following petition bearing the signatures of 40 persons - To the Honourable the Speaker and members of the Legislative Assembly in Parliament assembled. We, the undersigned request the Parliament to ask the Government to 1. not sell Duncraig House and its surrounding land. Duncraig House is an integral part of the Heathcote Heritage and Parkland Area. It is an important historical site with Point Heathcote being a landing for Captain Stirling in 1827. Duncraig House is a valuable community asset south of the river and should be kept for community use; 2. adhere to the Heathcote Coordinating Agreement between the Minister for Lands and the City of Melville dated 9/01/01. This Agreement, amongst other things, preserves the Heathcote lower land permanently for Parks and Recreation with full public use and access, thus protecting the Swan River foreshore. The Heathcote lowlands are an important Aboriginal Heritage site. Now we ask the Legislative Assembly to note our view in order that the Government reject the sale of Duncraig House and maintain the lower lands as Parks and Recreation with full public use and access. [See petition No 208.] FLORA AND ECOLOGICAL COMMUNITIES IN SOUTH WEST, CONSERVATION Statement by Minister for the Environment and Heritage DR EDWARDS (Maylands - Minister for the Environment and Heritage) [12.04 pm]: I inform the House about the implementation of a significant new program that will involve a state government department fostering partnerships with local landowners and organisations to conserve threatened flora and ecological communities in the south west. -
Dioso-Villa, R
05 DIOSO-VILLA 5/30/2012 6:31 PM WITHOUT LEGAL OBLIGATION: COMPENSATING THE WRONGFULLY CONVICTED IN AUSTRALIA Rachel Dioso-Villa* ABSTRACT After exoneration, some innocent individuals seek financial compensation and social services to aid with their reintegration into society. Since not all countries or jurisdictions have compensation legislation, exonerees are left with limited alternatives to address financial, psychological, and health issues that are often consequences of the wrongful conviction and incarceration. In common law jurisdictions, one compensation remedy is the application for ex gratia, ―out of grace‖ payments, for wrongful convictions. Australia is one of the few common law jurisdictions that do not have state or federal compensation statutes for exonerees, leaving ex gratia payments as the primary means to seek restitution. However, there are no guidelines to evaluate cases or allocate awards. Furthermore, ex gratia decisions are indisputable without the chance of appeal. This article reviews successful and unsuccessful ex gratia applications for wrongful conviction in Australia from 1985 to 2011 and examines the state‘s corresponding rationales for these decisions. Not surprisingly, the rationales lacked any precedent or transparency in the decision making process. This article concludes with suggestions for a comprehensive statute that addresses monetary and non-monetary consequences of wrongful conviction. * Lecturer, School of Criminology and Criminal Justice, Griffith University; Ph.D., Department of Criminology and Criminal Justice, University of California, Irvine; and M.A., Hons.B.Sc. Centre of Criminology, University of Toronto. The author wishes to acknowledge the research assistance provided by Jacqueline Fuller, Jessica Craddock, and Lewis Glover and thanks Peggy Zoccola and Alexander Villa for their helpful critiques of an earlier draft of this article. -
Legislative Assembly
Legislative Assembly Tuesday, 11 June 2002 THE SPEAKER (Mr Riebeling) took the Chair at 2.00 pm, and read prayers. QUESTIONS WITHOUT NOTICE MICKELBERG CASE, MINISTER FOR HEALTH 1057. Ms SUE WALKER to the Attorney General: I refer the Attorney General to the sworn affidavit of former detective Anthony Lewandowski alleging that he and the late Don Hancock stripped and beat Perth Mint swindle suspect Peter Mickelberg at the Belmont CIB office on 26 July 1982. (1) Is the Attorney General aware that the Minister for Health, Hon Bob Kucera, was the officer in charge of the Belmont CIB office at that time? (2) Is the Attorney General also aware that then Detective Sergeant Kucera offered his office to Lewandowski and Hancock to interview Peter Mickelberg and was present several times during that interview? (3) If so, when did the Attorney General become aware of those facts? Mr McGINTY replied: I have just finished discussing with the Press the very important issues relating to the Mickelberg matter that were raised at the noon press conference. I said that either the Director of Public Prosecutions or I has the power to grant an indemnity to any officer who comes forward with knowledge of impropriety or other matters relating to the mint swindle or the fabrication of evidence that took place if we accept that the affidavit is truthful. I urge any former or serving police officer who has knowledge of these matters to come forward and to seek that indemnity. (1) Yes, I was aware that the then Detective Sergeant Kucera was the officer in charge of the Belmont Police Station in July 1982, when the interview with Peter Mickelberg took place at that office.