MACinations

The joys of cat ownership

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Mar 062013

We were dressed and ready to go out for a Dinner & Theatre evening.

We turned on a ‘night light’, turned the answering machine on covered our pet budgie and put the cat in the backyard.

We phoned the local Taxi company and requested a taxi.

The taxi arrived and we opened the front door to leave the house.

As we walked out the door, the cat we had put out in the yard scooted back into the house.

We didn’t want the cat shut in the house because she always tries to get at the budgie.

My wife walked on out to the taxi, while I went back inside to get the cat.

The cat ran upstairs, with me in hot pursuit.

Waiting in the cab, my wife didn’t want the driver to know that the house will be empty for the night so, she explained to the taxi driver that I would be out soon. “He’s just going upstairs to say goodbye to my mother.”

A few minutes later, I got into the cab. “Sorry I took so long,” I said, as we drove away. “That stupid bitch was hiding under the bed. I had to poke her arse with a coat hanger to get her to come out. She tried to take off, so I grabbed her by the neck. Then, I had to wrap her in a blanket to keep her from scratching me. But it worked! I hauled her fat arse downstairs and threw her out into the backyard! ………….She’d better not shit in the vegetable garden again!”

The silence in the Taxi was deafening.

Update on Bullshit Police Action – The Result

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Feb 152013

(You might like to read the first part )

Well, I’ve had my day in Court, and wasn’t it (finally) wonderful.

After being mentioned several times in the last year, and set down for hearing in October, it was held over until February 7th – I wasn’t *happy* about it, but these things happen.

So we finally get to Court on Feb 7th, and some very very funny things happened.

One of the Police who arrested me (the Probationary Constable Ryan CLEGG) has LEFT THE POLICE FORCE – no further explanation. This means that his statement (a virtual duplicate of Constable LITTLE’s) was inadmissible.
The other officer, Constable LITTLE, decided NOT TO SHOW UP – scratch statement #2 and the entire Record of Interview.
Their “star witness”, one Kylie PARKER, sends the Police Prosecutor an email which he received THAT MORNING stating that she was “attending TAFE now and won’t be able to attend Court” – despite the Police having issued a Summons for her to attend.

So we’re left with SHIELS’ word against mine, and the evidence of my wife who witnessed almost all of the event. Plus the CCTV footage, which CLEARLY shows SHIELS grabbing me first, thereby INSTIGATING THE WHOLE ASSAULT.

For some reason best known to himself, the Police Prosecutor decided to forge ahead regardless – and I can’t fault him for the job he did, he was badly let down by the others and I almost feel sorry for him.

Under vigorous cross-examination from my most excellent Solicitor, SHIELS flat-out denies that he touched me “in any way whatsoever”, rather that he put his arm up “to impede his progress, he walked into me”. The video is played, clearly showing SHIELS grabbing me before I push his hand away and attempt to walk away from him.

At this point he grabs me and slams me into a wall – deliberately off-camera, of course.

Watching my Solicitor tear him to pieces and get him to all but ADMIT that he lied was a pleasure to behold.

Jill gave her evidence, was cross-examined by an increasingly flustered Police Prosecutor who started to ask questions and then withdrew them, and acquitted herself brilliantly.

Her Honor, because of the time, was to render her judgement the following morning – bloody inconvenient for all concerned, but it is what it is (I have my Solicitor to thank for teaching me that !!).

Her Honor’s findings were basically;

Erris SHIELS is an un-creditable witness and a liar concerning events that occurred He twisted them to suit his own purpose.
Erris SHIELS instigated the assault by accosting me physically in the first instance.
I was deemed to have used “reasonable force” to effect my release from his initial and subsequent attempts to restrain me (a Security Guard has no more powers of detention than an ordinary Citizen)
All charges were dropped and the case was dismissed out of hand.

The only point Her Honor did not accept was that I didn’t know SHIELS was a security guard – I rarely shop there and the cleaners wear a similar color uniform, plus I didn’t have my glasses on – but it’s a minor matter.

She also mentioned that Jill and I differed in our recollections of some minor events, which was to be expected due to the quick sequence of those events and the time that had passed (almost a year to the day), however in the important events we backed each other up (I think Her Honor would have been far more suspicious if our recollections had been identical).

Her Honor declined to award costs against the NSW Police, saying that while their investigation was “sub-par”, it wasn’t bad enough to be considered grossly incompetent – and THAT point, above all others, I disagree with Her Honor on.

Anyone of average intelligence, in seeing the video (which I will post here when I get it), would clearly see that SHIELS grabbed me first and all I was trying to do was leave the area. This was Her Honor’s view as well. So, in my opinion, the Police WERE incompetent as to their investigation of the matter.

The question “Why” has to be asked, and the answer is very very simple. At the time I had long hair (grown out for the World’s Greatest Shave charity event) and a month’s beard growth – I was on HOLIDAYS !!! Police saw me, looking like that and dressed in shorts and a t-shirt (in other words, like a “typical Richmond bogan”), and thought arresting me would be “an easy win” for a young Probationary Constable, and that I wouldn’t defend it.

In short, I was quite clearly PROFILED – this is upheld by the fact that, at my first Court Appearance in November 2012, neither SHIELS, PARKER or LITTLE recognised me (short hair and a suit).

So the upshot of all of this is, because of the incompetence of the Police and the lies told by SHIELS, I’m out of pocket $5000 – a very well spent $5000, but I shouldn’t have had to spend it at all if the Police did their job ! At least the case was dismissed without prejudice and nothing is recorded against me.

This leaves a number of points still to be considered;

Do I take action against SHIELS for assaulting me in the first place ?
Do I demand he repay me the $5000 it cost me, or I report him for the assault and have his Security Licence revoked ?
Do I take Civil action against the Police to recover my costs (I’d even donate them to the RSPCA if I win – it’s not about the money, it’s the principle of “innocent until proven guilty”)
What happens to SHIELS after being found to be “an un-creditable witness and a liar” under oath.. Her Honor’s words… Perjury ??
What happens to Kylie PARKER for disobeying a summons to appear in Court ? Did she realise that once on the stand she would have to admit UNDER OATH that she was talking on the cellphone while driving ?
Why didn’t Constable LITTLE turn up at Court ? A number of possibilities;
- He forgot – unlikely
- He realised he had no hope of winning and would be crucified on the stand
- It was easier to have his ass kicked for losing by not appearing than by losing on the stand

We may never know the answers to these questions – until the Police do it to some other poor schmuck who fights back against their gross incompetence.

Finally, I must commend to you the efforts and abilities of one Andrew TIEDT of Armstrong Legal in Sydney – his defence was flawless, as was his advice, and his integrity above reproach. His scathing cross-examination was genuinely a pleasure to behold. I would highly recommend Andrew (and the Armstrong Legal team) to anyone needing the services of a good Solicitor.

Another bullshit action by NSW Police PROBIES

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Feb 142013

UPDATE: This initial post dates back to about April 2012 – I cleaned up some spelling and reposted it so you could read the whole sequence of events.

STATEMENT OF FACTS AND REBUTTAL OF POLICE STATEMENTS

Here’s the Court Appearance Notice I received last night – bastards bang on the front door at 9:45PM and wake my kids up – what was the need for that ? Why not during the day ? Why not phone to see where I would be ? No, that would be too much like common sense…

Anyway, let’s shoot the crap out of this bloody fit-up. I’ll post each paragraph and then refute all of the mistakes;

If you’re going to charge someone, GET THE NAME RIGHT. It’s BIDDELL, not BIDDLE ! But, of course – let’s fall back on the old “Oh, that’s just a typo” excuse.

“attempting to park his vehicle” – completely false, it was my WIFE who was driving and trying to park. At least they got the location right
“As the accused did this it is alleged the witness, Kylie PARKER, has almost impacted the vehicle belonging to the accused with her own vehicle”
My wife had stopped and was reversing into a parking spot, after checking there was no-one behind her, when PARKER came flying around the corner and almost hit her. PARKER braked hard behind my vehicle, because SHE WAS TALKING ON HER CELLPHONE WHILE DRIVING !! That part was conveniently left out.!

My wife had to drive forward and reverse again as PARKER was so close she could not reverse and PARKER would not move
“The accused parked his car” – no I didn’t, MY WIFE DID. At no time was I driving the vehicle. Yes, I walked over to her vehicle.

My exact words to PARKER were “Get the fuck off your phone while driving – you almost hit my car back there”. I did not “use my fist to punch the door of the vehicle” in any way.
PARKER opened the door of her vehicle and said (to the person she was still talking to on the phone) “Did you hear that prick ?”
As I turned and approached the vehicle again and politely asked “What did you call me ?” PARKER opened the driver’s door forcefully, slamming it into my hand.
She then closed the door and I turned and walked away.

Well, we got something right, ALMOST. Police conveniently left out a number of points which were communicated to them at the time;

The REASON I entered the male toilets, as they were told, was to wash “a substance” off my hands. Before entering the carpark, we had witnessed a person, later identified, run his mobility scooter off the footpath outside McDonald’s and was lying in the road, unable to move. My wife stopped and activated her hazard lights and I, along with a couple of other witnesses, assisted in moving him back up to the footpath, where a Dr from his Nursing Home who happened to be in the McDonald’s carpark examined him for injury.
I might mention that while we were doing this the low-life scumery of Richmond were driving AROUND us and abusing us for blocking the road, and hence protecting the guy in the wheelchair – go figure !!
The Dr then said he would ensure the guy got back to his Nursing Home. He (the guy in the wheelchair) had some substance on his clothing which had transferred to my hands and was making me feel nauseous, so I had to wash it off.
PARKER was NOT in the Centre Management Office, but was standing outside it, next to the corridor leading to the food hall, still talking on her mobile phone. Upon seeing me she screamed, “Get back here, you”. I responded “Piss off” and continued walking back towards my wife, who was watching from the corridor, saying “Come on, let’s get out of this pathetic hole of a shopping centre”

Again, a PARTIAL truth. As I was walking (or attempting to walk) away from PARKER, she kept abusing me. I stopped and turned back to her and said “Will you piss off and leave me alone”, then turned back towards my wife to be confronted by SHIELS (who I did not immediately recognise as a security guard) “in my face” – and by that I mean less than 30cm from me – blocking my view. SHIELS approached me from the FOOD HALL end of the corridor.
SHIELS, as is clearly shown in the video, GRABBED MY RIGHT ARM, following which I used reasonable force to stop him from assaulting me.
Instinctively I raised both arms vertically to protect my face and SHIELS grabbed both of my wrists forcefully and slammed me back into the right-hand wall of the corridor.

Again, a wonderful PARTIAL TRUTH;

After SHIELS grabbed my wrists, and kept saying “Calm down”, I stated “That bitch was talking on her mobile while driving and almost hit my vehicle. Let me go, I’m getting out of this pisshole”
I attempted to turn to my right and dropped my right shoulder, away from SHIELS, to break his grip on me which was quite painful, and he kept saying “Come on mate, you want to have a go do you” and pushing me back into the wall. It was at this time that I felt the pain in my hand and noticed the wound inflicted by SHIELS.

At no time did I strike SHIELS, nor did I swing my arms, both of them being painfully restrained by SHIELS. I did, however, continue to attempt to break his hold on me, and told him that “What you’re doing is assault. Fuck off”.
I have medically diagnosed Tendonitis in my right arm, resulting in constant pain around the elbow, as well as medically diagnosed severe lack of strength in my right hand due to a bad break as the result of a motorcycle accident. I am exclusively right-handed. I could not have effected any blows on SHIELS.

I attempted to push past SHIELS, as described, only because he was illegally restraining me and I had turned to my right – attempting to both place my back towards him to protect myself and to break his ever-tightening hold.
While this was happening, SHIELS was making statements such as “Come on mate, come on – I’ll flatten you” and “Come on, have a go” – attempting to taunt me into a more violent confrontation, and pushing me back towards the toilets.
In response to my statement that he was guilty of assault, SHIELS taunted me further, stating “Oh, you’re a lawyer – did you get your degree from Sydney Uni or are you a fucking bush lawyer”.
SHIELS only released me after my wife, who witnessed the entire confrontation, yelled at him “Let my husband go or I’LL have you charged with illegal detention and assault”. At no time did SHIELS “voluntarily” release me.

After SHIELS was forced to release me, I said to my wife “Come on, let’s get out of this pisshole of a shopping centre. I’m never coming back here again”.
We then walked towards the travellator to the carpark, intending to leave and never return.
SHIELS continually interposed himself between my wife and I and the travellator, continuing to taunt me into a violent confrontation. At no time did either of us touch SHIELS.
I said to him “Get the fuck out of my way, I’m leaving”, to which he responded “That’d be great, go back to your car so I can get the rego number and call the Police”.
Not knowing if SHIELS had any way of discovering my identity and residental address from my rego number, I elected not to return to my vehicle at this time. I was genuinely in fear of my safety and that of my family.
At this point, while attempting to access the travellator and being blocked by SHIELS, another staff member (who I assumed was from the Centre Management Office) appeared and asked what was happening.
I replied that “This fucking moron <indicating SHIELS> has just assaulted me, and all I’m attempting to do is leave this dump of a shopping centre. I’ll have his fucking job for this”.
I then called Windsor Police Station and reported the assault.
SHIELS continued his taunting, and to protect my wife and myself I entered the Telstra shop. I spoke to a young lady at the counter, informed her that there had been an assault, and requested permission to wait at the front of their store, away from SHIELS. She agreed to allow this.
I returned to the front left of the store, where my wife was waiting, out of the view of SHIELS, and called Windsor Police again, telling them where I as waiting. They instructed me to stay there until Officers arrived.

After speaking to the Telstra employee, I walked up to SHIELS and stated “I’ve called the cops, I’m having you charged with assault”, to which he replied “Come on, take a swing – I’ll knock your other front tooth out” – a reference to a broken left molar I have.
At this point I walked back to where my wife was waiting and paced nervously around until I saw the Police arrive, believing that SHIELS would either block any attempt to return to my vehicle, or would follow me to my vehicle in the car park and further assault me or my wife.
At no stage did I threaten SHIELS, or state that I would “drop him”.

Upon indentifying myself to the Police and explaining quickly what happened, my wife and I were asked to “wait here”, and the Police walked away with SHIELS towards the Centre Management Office.
My wife and I walked down to the food hall after approximately 10 – 15 minutes, and saw near the entrance to the corridor that lead to the Centre Management Office.
A few minutes later Police returned and took my details, then said they were going to the Telstra store. We followed them and waited outside the Telstra store.
I was asked to exit Richmond Marketplace with the Police, which my wife and I did. I was then informed I was being placed under arrest and would be conveyed to Windsor Police Station
I questioned WHY I was being arrested, when it was me who had reported the assault, and I received no satisfactory response, other than “Just come with us”.
I turned to my wife and said “Get the car, pick the kids up from school, and meet me at Windsor Police Station”. She departed, and was glared at by SHIELS as she passed him. She said nothing to him.
My property (glasses, phone, sunglasses) were removed from me. I was ordered to turn off my phone. When I declined, stating “It’s on 24/7 for work and for the security of my daughters”, the more senior officer stated “We’re calling the shots here, just do as you’re told” – both officers were substantially larger that me and were “towering” over me – I assume in some childish attempt to intimidate me. I reluctantly complied. I was transported to Windsor Police Station.

I agreed to an electronically recorded interview and reserved my right to refuse to answer questions at any stage and obtain the services of a Solicitor. This was accepted by the Police.
I had no problem describing what had happened as I had done nothing wrong.
I indicated to the Police that it was physically impossible for me to have struck SHIELS in the way he claimed due to the weakness in my right arm as previously mentioned, together with the fact that I am not a violent person and any action I may have taken was only in self defence.

The only way SHIELS would have experienced any “soreness and pain” would be as a result of the extreme effort he exerted in restraining me without explanation.
At no time did I strike him in any manner, and certainly did nothing that would have caused “soreness and pain” in this manner.

If by “charged” the Police mean I have had this Court Attendance Notice delivered, then yes.
I have never been told that I would be or have been charged

So there you have it – half truths, no witnesses to what happened in the carpark, a security guard with attitude who assaults people IN A CORRIDOR WITH NO VIDEO COVERAGE.

I have to take more time off work to defend this bullshit, instruct a Solicitor, pay put a fortune THAT I DON’T HAVE and the stupid bitch that ADMITTED talking on her phone doesn’t even get a fine for it, probably because she has big tits.

Is it any wonder the public has lost confidence in the NSW Police ? They allow their PROBIES to prosecute bullshit like this, yet they can’t even stop the shootings in Sydney, or catch people talking on mobile phones.

In fact, if you pass a cop while talking on your phone there’s a better than even chance that you’ll get away with it, because the Police JUST DON’T GIVE A DAMN.

Not ALL Police are this bad, of course – I have friends in Highway Patrol and a cousin who is an Inspector and they’re pretty OK – the rest are largely COMPLETELY USELESS.

I’ve just has an interesting thought regarding this; my 12yo daughter is being “stalked” by someone in a car – this has happened a few times recently. I wonder if this douchebag security guard could be doing it to intimidate me ? Conspiracy theory, for sure, but nothing would surprise me these days.

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