was obtained using fabricated evidence
The accuser started the fight by attacking me with a piece of wood and after loosing the contest he was presenting himself as a ' victim ' . To dramatize the effect of the incident he claimed to be hit
' unexpectedly ' on the head several times with a piece of wood capable of breaking the hand .
The accuser claims before the trial :
From police notebook ( and police charge sheet ) –' I was hit on the head from behind . Then I heard a bang and I was hit again on the back of my head . I fell against the generator panel . ' –
( indicating severe blow )
· statements to police -16.07.07 - point 8 - hit twice with a large wooden club at the back
of the head hard enough to cause his head to hit the switchboard ( indicating severe blow )
· statements to police -16.07.07 - point 12 - as the result of being hit on the head he
could not see through his left eye at all ( indicating severe blow )
During the trial those claims were repeated .
1-54-23 - back of the head
1-54-42 - ' … my weight went forward – with the force of the thump , went forward .
I immediately thought that the shed fell on me because of the power that hit me . ' (re:Exh 6)
1-54-49 - again on the head
1-56-44 - side of the face
1-60-8 - ' leg , lower side of my body … swing to the head '
1-61-28 -' …a couple of blows to the body… and he would go for my head '
1-62-18 - '.. on the body , on the leg , top of the head '
1-68-44 - ' I got a blow to the side of the head …and I got a blow to the eye'(!? )
Other statement made by the accuser in court
1-75-4 - ( still ) ' got the lumps to prove it …' ( on the head , 15 months later )
'… Do you want me to shave ? Get a shaver , I`ll shave my head and show you . '
1-75-9 - '…There were no cuts just lumps and slightly …slightly bleeding '
( ??? there cannot be bleeding without a cut !!! )
1-75-40 - ' I have recollection of the police photographer asking me , where I was hurt
and I start showing him where I was hurt , where I was bruising and where I was bleeding
( no such photograph )( after 3-4 hours of bleeding it would be quite a pool of blood !? )
( see also 1-75-9 !?)
1-75-46 - Q.- Did you show any staff at the resort those head injuries ?
A.- That`s correct sir , Peter Gannon came to see me at my bedside (he does not confirm that)
1-84-40-… he tried to kill me '
1-90-58 -… he tried to kill me '
There was no photographic evidence of the accuser being hit on the head as well .
1-68-37 to 55 - Exhibit 6 - photograph of the face
… ' I got a blow to the side of the head and this is swollen and I got the blow to the eye'...
' it became quite blue and swollen …' ( no such thing visible )
Even , if only a half of what he claimed was true , it would be expected to be quite severe head damage !? However hospital examination and tests did not find any evidence of that and this created a problem for the prosecution trying to maintain the credibility of the accuser.( He was released from the hospital , after the customary checks did not reveal any serious problem , after few hours on the same day . )
Since this is happening in the ' smart state ' they overcome it in a crude and a perfidious way making unique contribution to Queensland legal system .
1. Before the trial Queensland Department of Public Prosecutions provided me with 4 photographs of the accuser face .
I looked at them and since they did not show any damage I ignored them . During the trial one of the available photographs of the accuser face was presented as the only ' evidence ' of the alleged hits to the face or the head. ( 'with a large wooden club' )( Exhibit 6 - MO 454993 QPS AA0019.jpg -18 409 )
On the top of the LHS cheek bone ( under the eye ) it was showing very small lump , no other visible sign of swollen face or head . No blue , no discoloration.
Surprised with that ' evidence ', knowing that I did not hit him and with the pressure of the trial going on , I thought that it could be an old lump ( no discoloration ) or it was caused by the accuser hand hitting himself when I was blocking his blows .
I questioned doctor McLeay about it : 2-28-10 to 2-29-10 , who did not or could not say what could be the cause of that - so the issue was left hanging in .
Only after the trial I had the chance to compare closely those 4 photographs .Others being ; MO 454993 QPS AA0018.jpg -17 409 ; MO 454993 QPS AA0020.jpg - 19 409 ; MO 454993 QPS AA0021.jpg - 20 409 .
There is almost exactly the same size ' lump' under the right eye as well which was not claimed as being caused during the incident .
Such ' lumpy ' appearance under the eyes are just the accuser normal , natural facial features and not the result of the incident .
2. Even more arrogant is the fact of presenting the photograph taken few hours after the incident showing a clearly old scab ( wound crust ) on the right knee as the result of the incident . Exhibit 9 - MO 454993 QPS AA0011.jpg - 10 409 .
Comparing this photograph with the marks on left leg resulting from the incident , clearly shows that the age , the cause of their existence and the nature of them cannot be the same
( MO 454993 QPS AA0010.jpg - 06 409 ) .
Such conscious , deliberate act shows hypocrisy of Queensland Department of Public Prosecutions as the institution supposedly created to protect the society from criminals , when in fact it is itself involved intentionally in hideous criminal act of the most serious nature , by using clearly unlawful and morally repugnant methods to achieve a ' successful prosecution ' by any means available .
Previously , obscured photographs showing only the relevant part of the face of the person who attacked me , -' the victim ' were shown . They could not ' publically ' identify that person
BUT they had to be removed due to the specific order I received from the Queensland Parole Board .
Without those photographs Queensland Police and Queensland Department of Public Prosecutions can claim that there is no evidence of them doing anything wrong and unfortunately as a person on parole and subjected to lots of restrictions I had to ask my friends to remove them .
Only now , when my parole ended ( October 2012 ) , I can display them without the threat of going immediately to the prison .
- By using such objectionable methods by the prosecution I was deprived my right to fair trial
The jury was mislead as to the value of the accuser claims .
Such conduct indicates travesty of justice and contempt for laws within DPP apparatus