View Full Version : something that's been bugging me... a question
MadeInOz 12-01-2004, 12:59 PM This has been bugging me for ages, ever since may when I was charged by the police. On the one hand I don't feel like there has been resolution about this, but on the other hand, I don't know what I can/should do. I'll explain.
I was never arrested, the police came to my house, and I went with them voluntarily, I co-operated all along, and was released after being charged. I saw this because it relates to later. My case is kind of related to a high profile case. Before I left the police station, heck, before I even had been fingerprinted, I saw a report on the television in the station - although I only caught snatches of the report on the news, they were talking about my arrest. After all of that, I went home, and was sitting around with a blank look on my face when a reporter and a cameraman turned up on our doorstep demanding to speak to me. This was less than 2 hours after I got out of the station. This was very freaky for me. The reporters rang my house demanding to talk to me, otherwise they would print whatever they had. I wasn't about to say anything. We took the phone off the hook.
To cut a long story short, the police media unit released a press release with no name on it, but (as my lawyer extracted from a reporter) they were happy to hand out not only my name (possibly my address, I don't know, I'm not the hardest person in the phone book to find mind you) but also false, and inflammatory information which was subsequently printed in at least half a dozen newspapers.
They never should have released my name, not until after the initial court appearance (extracted this from the department head of police media) and the release of all the extra stuff was... I think unconscionable.
Their reasons for doing what they did seem pretty crystal clear as far as I can see... more publicity about this other case... and they burned me in the process.
There were a couple of IAD detectives who came and spoke to my brother about what happened, and I gave them my lawyer's business card (my lawyer had found out the information from the reporters)... That was... back in august, and I haven't heard anything more about it since.
I know this wouldn't have a bearing on my present case, but I feel a little bit ... like justice hasn't been done. But I don't know what to do. I'm just a nobody.. :P
:confused:
Indeep, first off you arent just a nobody!! You are a person that has gotten caught up with the law.
I went through something similar, with my ex husband here and all I could come up with was, what happened to the saying, innocent until proven guilty. The media shouldnt of mentioned all of that, the most they should of said it, a man was arrested today in relation to (blah blah), but not said your name, and no way should the media of been harrassing you. It is good that you have a good lawyer that is working with you as well. You have all rights to feel violated and upset.
I am just sorry that this happened to you . ((hugs))
Medea 12-01-2004, 06:01 PM This has been bugging me for ages, ever since may when I was charged by the police. On the one hand I don't feel like there has been resolution about this, but on the other hand, I don't know what I can/should do. I'll explain.
I was never arrested, the police came to my house, and I went with them voluntarily, I co-operated all along, and was released after being charged. I saw this because it relates to later. My case is kind of related to a high profile case. Before I left the police station, heck, before I even had been fingerprinted, I saw a report on the television in the station - although I only caught snatches of the report on the news, they were talking about my arrest. After all of that, I went home, and was sitting around with a blank look on my face when a reporter and a cameraman turned up on our doorstep demanding to speak to me. This was less than 2 hours after I got out of the station. This was very freaky for me. The reporters rang my house demanding to talk to me, otherwise they would print whatever they had. I wasn't about to say anything. We took the phone off the hook.
I never gave my address to either the police or courts yet journos managed to find out where I lived. They hired investigators and also relied on guess work to find where I was staying. There is no such thing as privacy when it comes to journos. They are a law onto themselves. They will pay off people to get what they want if they are desperate. My advice to get away from the media is to stay with a friend but dont tell anyone and just keep a look out for people watching from cars parked in the street.
To cut a long story short, the police media unit released a press release with no name on it, but (as my lawyer extracted from a reporter) they were happy to hand out not only my name (possibly my address, I don't know, I'm not the hardest person in the phone book to find mind you) but also false, and inflammatory information which was subsequently printed in at least half a dozen newspapers.
I'm not surprised. As far as the police are concerned you are guilty until proven innocent. My case was published without the consent of myself or my lawyer. The journos went to the police and got the information from them wholesale. There is no other way it was possible for them to do so.
They never should have released my name, not until after the initial court appearance (extracted this from the department head of police media) and the release of all the extra stuff was... I think unconscionable.
Did you tell your lawyer to have your name suppressed from the media? Sometimes you have to order your lawyer to do things like that. Alas journos also have a right to print names and the charges if they think its in the "public interest". I read up on defamation laws and it seems journos can do acts like that under that pretext. Also to keep in mind when you do go to court, unless you tell your lawyer to request to the magistrate that your name not be published, your full name and charges will appear in the court lists which are posted up in the foyer of every courthouse. Court journos regularly go around the courts getting information from these lists and follow them up with the police.
Their reasons for doing what they did seem pretty crystal clear as far as I can see... more publicity about this other case... and they burned me in the process.
Been there done that. There attitude is the accused is guilty even before trial. So long as a scoop is to be made thats all they care.
There were a couple of IAD detectives who came and spoke to my brother about what happened, and I gave them my lawyer's business card (my lawyer had found out the information from the reporters)... That was... back in august, and I haven't heard anything more about it since.
The police sometimes take forever to do things. My attitude is, either charge me now or leave me alone, however they dont follow that same attitude.
I know this wouldn't have a bearing on my present case, but I feel a little bit ... like justice hasn't been done. But I don't know what to do. I'm just a nobody.. :P
:confused:
You have my sympathies, Indeep. See my previous comment on Kathleen Folbigg. It's one thing being charged by the police, it's another having your name, face and charges appear in the media.
If you think the media did anything wrong and want to do something about it, check out the following websites:
(Print media)
The Press Council of Australia:
http://www.presscouncil.org.au/
(TV, radio)
Australian Broadcasting Authority:
http://www.aba.gov.au/
MadeInOz 12-06-2004, 06:23 PM Did you tell your lawyer to have your name suppressed from the media? Sometimes you have to order your lawyer to do things like that. Alas journos also have a right to print names and the charges if they think its in the "public interest". I read up on defamation laws and it seems journos can do acts like that under that pretext. Also to keep in mind when you do go to court, unless you tell your lawyer to request to the magistrate that your name not be published, your full name and charges will appear in the court lists which are posted up in the foyer of every courthouse. Court journos regularly go around the courts getting information from these lists and follow them up with the police.
Yes, I know all about defamation, and while what they did probably could be considered as defamation, I don't think suing them would get me anywhere, since they would probably argue that I didn't have a reputation to defame. I know that they have the right to publish information in the public interest, but what they did publish wasn't in the public interest. My gripe is with the police media unit in the first place. The journos just printed the garbage they were fed by the police. I knew that my name would be printed eventually, but it was quite a shock to see it in the paper the day after all of this happened, and I was still ... in shock myself. And then the tv camera crew chased my brother thinking he was me... I felt very small. :(
sorry I took so long to reply, I've been busy with other things.
I appreciate both of your support, and comments :)
Medea 12-06-2004, 06:53 PM Your case has parallels with me. The media knew certain things that only the police could have told them. The media and police are in cohouts with each other and sometimes I felt my own Legal Aid lawyer was doing deals with the prosecution without my knowledge.
When we were in court the reporter was sitting there taking notes we went into district court late in the afternoon and was the last case. The reporter must of been finishing up for the day, and left before the verdict was handed down. Hence, a whole heap of lies were published the next day. It doesnt seem fair. :(
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