In Whose Eyes Is the Offender Innocent?
an Australian experience of process over protection, and harm that continued beyond the court
By Ruth Morgan
This MYH x Journal feature follows one case through police, prosecution, and the courts, examining how process was prioritised over protection.
Police
In response to the significant number of complaints to the Human Rights Commission, the ACT police similarly claim there's no cause for concern.[1] Complaints to the Human Rights Commission evidence that concerns about the ACT Police have increased over the past 12 months, but the union representing the force says the trend is no cause for concern.
In my matter, the ACT Police were at best disinterested. After some months, I complained. The investigation was reopened; however, the original detective had asked to manage the matter. That he wasn't happy about this is my interpretation of the facts.
The Prosecutor
The sentencing hearing was scheduled for 23 January, when most of Australia is at the beach. My matter was assigned to an inexperienced prosecutor, as later admitted by the ODPP, a prosecutor who was quickly moved on from the job. I was tempted to feel sorry for this junior prosecutor as I later read the sentencing transcript; the magistrate mauled her.
Unfortunately, the prosecutor didn't hand the offender's criminal history to the magistrate for consideration during sentencing.
The Magistrate
At the offender's sentencing hearing, the magistrate accepted the offender's character reference... given by himself. He refused to provide character references to Community Corrections because he didn't want anyone to know what he'd done. The report from Community Corrections cast doubt on his remorse, but the magistrate ignored this doubt.
The magistrate heaped praise on the offender and said that I'd had an unusual reaction to the offence. The magistrate was particularly soothed by the offender's character and work history. Of course, the magistrate hadn't had the benefit of reading the offender's criminal history, which included, among other matters, his theft of money from a bank while he was a bank manager.
The Victim
I'm the victim in all this. After the offender was given a S.17 (no conviction in the Australian Capital Territory), he continued on his merry way. Only to resume stalking me when the protection order expired two years after the court case.
The fight for justice continues. I'm up for it.
