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the police report......
I have a lot of sympathy for WA's police
force; too much of their work involves catching and charging reoffenders over and over again. The police catch the criminals,
drunk drivers and drivers without licences and hand them over to the
courts only to see the legal system let them off and back on the
streets to commit further offences over and over again.
In our case the driver of the vehicle had:
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Committed 7 offences for driving without a license
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2 of these driving offences involved
driving while intoxicated
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Only six weeks after hitting my family
he was again caught driving without a license and intoxicated
Further delay is caused because the privacy
laws prevent the Insurance Commission from accessing the police
report. As a result a second parallel investigation must be
conducted by ICWA. Until this second investigation is completed, ICWA
refuses to pay any medical costs. In my case, the driver of the
vehicle could initially not be located and later refused to make a
statement to ICWA. This procedure caused months of delays and the
medical bills kept piling up.
The police
accident report
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The judiciary is failing to protect the
public from these repeat offenders and failing to support the
police in its work by allowing these individuals to go free over and over
again. If the courts had done their job, this driver would have been
taken out of circulation long before he hit me and my family. I would
have kept my profession, our assets and been able to look forward to
see our children grow up without all the stress we have all been
subjected to during the last nine years.
Issuing fines to a repeat offender with a few hundred dollars each time and
suspending a drivers licence which he has never held is not
punishment, it is playing Russian roulette with the safety of
the public.
To add insult to injury the driver of the vehicle had his legal
costs fully paid for by the Insurance Commission while I was fighting for compensation.
While our family had to sell our home to raise hundreds of
thousands of dollars to pay for the legal costs the driver was not even required to appear at trial.
The judge who heard my case was Kate O'Brien was a very controversial
judge and had made many controversial decisions during her ten
years on the bench (see examples below). The Police Force Union
disliked her with a passion because of her decisions involving the
Police Force. As part of her farewell she gave a interview
criticizing
the "sausage
factory justice" system in Western Australia. She claimed that the
courts were overworked, with an unmanageable case load and too little
resources.
The solution to this problem is actually very simple; use the powers that the law gives
the judges and take the repeat offenders out of circulation early. Not
only would their case load reduce dramatically, these decision would
provide better protection for the public and restore confidence in the legal system
while sending a clear signal to the offenders that
there are serious consequences for their actions.
The judiciary has no mandate to engage in social engineering
projects!
See following examples of criticism of Kate O'Brien:
ABC - The Law Report
ABC News
Attack on police Officers by Aboriginals
WA Police
Union - regarding attack on Police Officer
Interview with Kate O'Brien:
Sausage factory Justice System - Kate O'Brien
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Updated 19 April 2017 ML
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Tall poppy syndrome:
If you think this can only happen to well off individuals. Think
again, anybody whether you are a single mum, child, pensioner or
unemployed person can wind up in the same situation. The innocent
victim of a motor vehicle accident only needs to require 24/7
medical care for the rest of his life for his compensation claim to
amount to millions of dollars. (more) |
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Purpose:
This
site is meant to both inform the public of the faults of the WA Third
Party Compensation System and the outragoeous actions or lack thereof
of the very instituitions that are meant to protect the public from
the excesses of goverment institutions. (more)
My personal target, is to overturn a miss carriage of justice, restore
my good name, regain my dignity, improve my health and that of my
family, obtain compensation that takes into account ALL the evidence,
as ICWA is supposed to do and hopefully make a contribution to change
how innocent victims are treated and compensated in Western Australia.
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