White Ribbon Day, a State of Indifference.

On White Ribbon Day in 2009, Police Officer Robyn Waite Organized a Community meeting to highlight to the Public what affects Family Violence has on Women and Children. I live in the Area where The Officer was working.

 On December 8 2009, I went to a local 7/11 store at about 5.15PM to fill my car with Petrol. Out of the 7/11 store came a man and a woman and a young Child. The Man started waving his arms around and yelling at the woman and the Young Child, as I approached the store the man grabbed the woman by the Blouse in a very aggressive way and the woman began to cry, all this happened with the young child by their side. I Entered the Store and told the Attendant he should call the Police as this situation was becoming very serious, the Police were called and given the Registration Number of the Vehicle the People left in. A woman who entered the Store said she knew the people involved and could give us the Address of Where the People Lived.

  I then Left The Store to attend a gym class after which I went to the Local Police Station to tell them I had witnessed the family Violence incident outside the 7/11 Store, I gave the Police my name and Phone Number to contact me so I Could give them information on the Assault.

 Later that day I got a call from a Policewoman saying that a van from a neighboring Police Station had attended the Store. I Then Rang that Police Station and told them I had witnessed The Incident and gave them my name and Phone Number.  The next day I went to the police station where the police car was dispatched from and spoke to a police woman at the Counter. She seemed very disinterested; I said to her that in these cases Police have the Power to apply for an Intervention order on behalf of the woman who was being threatened. The Police woman said she was unaware of this Police Power and said it was up to the Woman to apply for an Intervention Order from the Court.

The Police woman then said there were strict Guidelines that the Police had to follow to gain an Intervention Order; an Order wouldn't apply if the couple wasn't actually in a relationship, the Police Woman's attitude was one of Negativity and Disinterest. Later that day I rang the Police Station again and this time spoke to a Police Officer who had actually attended the incident at the 7/11 store. I gave Him My name and Phone Number and told him I had witnessed the family Violence Incident out the Front of the 7/11 store. He thanked me and I have heard nothing from the Police since that Time.

If the Police Don't take action what is the point of The Victorian Attorney General Rob Hulls telling People to report acts of family Violence and call the Police, Recently there was a report about a woman who had an offender trying to break into her house, She rang The Emergency Number 000 4 times and the Police eventually arrived 5 Hours Later!!!!!. Magistrate's in Victorian Courts tell applicants for Intervention Orders to call the Police if there is a breech of an Order, realistically it won't be much help if Police can't get there in less than 5 Hours. I went to a family Violence Meeting and a woman said she no longer rings 000 because it was a waste of time.

Organizing White Ribbon days and telling People to contact Police is all hot Air if it is not followed up with effective action. Recent Statistics show that 40 percent of Homicides in Victoria are family violence related, and of the 65 Australians killed by partners or former partners, 43 percent followed a history of domestic Violence that was known by Police. If Police are incapable of stopping 43 Percent of Family Violence related Homicides committed by people who they know have a history of violence, then what do they hope further reporting will Achieve when these family Violence situations are not effectively dealt with???.

These statistics reveal the ineffectiveness of Police Action and Realistically Intervention Orders are not really a deterrent in family Violence situations, even when the offender's violent history is known to Police. This could ultimately lead to a Homicide, if the Victim of Family Violence doesn't have some form of Backup Plan to protect them self. From a practical point of view Victoria has in effect a witless Protection System when it comes to protecting people in Family Violence Cases. In Victoria, Intervention Orders that were designed to protect people from Family violence can also be used in "Civil Disputes" Which has led to the Overuse of Intervention orders in Non Violent Situations.

A Magistrate's Court in Victoria issued an Intervention Order because an applicant complained that the Cat Bowls (Pictured Left) that she uses to feed the Stray and Feral Cats behind a row of shops were being taken. The defendant went to Court with a barrister to defend the Matter, because the Intervention order would stop him attending a leisure centre at the end of the Applicant's street, A centre the

defendant had been a regular member of for 11Years.

The applicant was a family friend of the defendant's ex-in-laws; she told the Court that the Local Council paid her to feed the Stray Cats, her complaint was about the disappearance of her cat bowls. The court issued an Intervention order of 3 Metres which that would last for 12 months.

Intervention Orders – A Witless Protection System

A Leading Criminal Lawyer in New South Wales has said, AVO's do little to prevent acts of Violence and believing in a System that could prevent murder is laughable. There were 23,176 Apprehended Violence Orders granted in NSW Last Year and Police reported there were 10,000 breeches. The Authorities in New South Wales can't even stop a Man being killed at Sydney Airport, even with Airport Security, how do they expect people to be safe in the general community, realistically it is a physical impossibility.

It Doesn't Matter what Politicians, Police Or Magistrates may say, the harsh reality is Australian Domestic Violence History is littered with many stories of Mother's and Daughter's being murdered, because they falsely believed an AVO or Intervention Order will protect them. What the Court System has to do is look at the History of the defendant or perpetrator. The Information is of no use at a Coronial Inquest after the AFM has been murdered. Tragically there are too many families who find out that their family members were murdered by men who had a long history of Domestic Violence which may have affected many women over a period of time. It is only after their loved ones death that families find out the real truth of the perpetrators Violent History.

When People obtain Intervention Orders from the Courts, I have heard Magistrates say, if there is a breech of the Order, contact the Police and they will become involved but this is putting people at greater risk by misleading applicants into believing that they will be protected even though Police Response is regularly inadequate. This could have very serious and tragic consequences.


After a recent Murder Suicide in Sydney, Greens MP Lee Rhiannon has called for the Police Minister Tony Kelly to investigate how the Murderer with a long history of Domestic Violence had access to a gun; this was despite an AVO being in place against him. Police had been unable to locate any guns after the AVO was granted. Mr. Rhiannon says NSW has weak gun laws.

The police may check to see whether a person has a firearm when the intervention Order or AVO is issued, but what happens after a person is released from Prison for a breech of an Intervention order???. Recently a young woman was stabbed to death near her home, even though an Intervention Order had been issued a couple of Months before the Woman's Death. The defendant was charged with Murder and for Breeching an Intervention Order. It seems pointless to charge somebody for breeching an Intervention Order after it has failed to adequately protect the applicant who is now deceased??.

According to the judicial commission of NSW between April 2006 and March 2008, 968 people were sentenced to jail for breeching an AVO. This essentially puts them into a Criminal Community with access to illegal Firearms and you don't need a gun license to buy one, all you need is the money and you will be given an address to pick up the firearm, the inmate doesn't care that you're a prohibited person with an AVO or Intervention Order against you. Magistrates have made it possible for defendants to obtain a firearm by putting them in Jail, and it is a recipe for disaster because the Paper Thin AVO or Intervention Order will not protect you if somebody is determined to harm you.

In December 2008, the Victorian State Government introduced legislation aimed to protect victims of family violence. a co-coordinator of a Community Legal Centre welcomed the move, which she said would better protect the community from family violence and make those responsible more accountable.

These type of statements are very misleading, I recently went to a Family Violence meeting where a Police Representative at the meeting admitted they didn't have enough Police to adequately protect people in the community. In some cases applicants have reported serious breeches to the police, but they have told magistrates that Police seem unconcerned about the applicant's complaint.

We have politicians who say that the key element of their Family Violence legislation is to make it easy for victims of family violence to remain in the family home with their children. This may be the case, but it also makes it very easy for the perpetrators of family Violence if they know where you live, which could lead to very tragic consequences.

In Melbourne a 36 year old woman had taken out an intervention order, but 2 weeks after the order was taken out, she was shot dead by her De Facto. He had served time in Prison for Attempted Rape and he had been acquitted of the stabbing Murder of a 22 year old Adelaide Woman. After shooting the 36 year old Woman, he later committed Suicide. Once again the Intervention order failed to protect a woman against a man who had a Violent History. How did the defendant have a Firearm, surely the Intervention Order made him a Prohibited Person??.

In a Newspaper report, a man choked "the Love of his Life" after she rejected him and threw him out of their flat, he then went to the Police and told them he had killed his girlfriend. The deceased woman had taken out an Intervention Order against her boyfriend, just four days before her death. She had invited him back to sleep on the couch the day after the Intervention order was made. The defendant also confessed to two violent armed robberies. Was the "love of his life" aware that he had been involved in Violent Armed Robberies??.

In his book, Just another Little Murder, Phil Cleary outlines the Long and Violent History of Peter Raymond Keogh who the Police and the Courts Should have stopped long before he took the life of Phil's caring Sister Vicki. In May 1987, Vicki went to the Kilmore Court seeking an Intervention Order and was told By the Court Clerk; an Intervention Order won't stop him from Killing You. It's Unbelievable that someone like Vicki could go to a court seeking protection from a Violent man and be told, sorry we can't really help You!!!!. Keogh had threatened to Bomb Vicki's father's Butcher Shop and set fire to her furniture.

3 Months later Peter Keogh carried out his threat and murdered Vicki Cleary. Once again Vicki and the Cleary Family were let down by an incompetent legal System because Peter Keogh was sentenced to a jail term of just 3 years and 11 months. In Football Terms, Jack Hill the Blind Miner could see that this was not manslaughter but was a deliberate cold blooded Murder. For Decent Women like Vicki Cleary there are no tomorrows, but a bastard like Peter Keogh was out of prison in less Than 4 Years, to continue his violence against other women. In 2000 another Girlfriend took out an Intervention Order, this time he burnt the house down that his ex-girlfriend lived in, and yet again the justice system failed to stop him. Family members of Paul Denyer had taken out Intervention orders against him, long before he took the lives of 3 innocent and defenseless women.

A taxi driver beat his wife to death with the back of an Axe, after she took out an Intervention Order out against him. Domestic Violence related Deaths are avoidable, but the problem is our Court System fails to identify those people who have a history of Family Violence, and they fail to stop them before they end up taking an innocent person's life. Just as there is a Sexual offenders Register, there needs to be some sort of Domestic Violence register, so these types of violent men can be stopped from harming, not just one woman, but many women during their despicable lives. Victoria's Court System wastes too much court and Police Time on too many unnecessary Intervention Orders against people who are Non Violent defendants.

At the family Violence meeting I went to in Knox, a coordinator of Women's Support groups said that if someone is determined to hurt you or murder you, an intervention order won't stop them and another woman who was a coordinator for Women's refuges, said she no longer advises Women to take out Intervention Orders because they're ineffective and don't make any difference whatsoever.

A Relationships Australia manager said the recent Victorian family Violence changes would give people a feeling of security. In reality it gives people a false sense of security, which could have fatal consequences. It is Obvious that the Legislation in regard to the Family Court defy Comprehension and Common Sense, and Intervention Orders have become more like "Witless Protection" orders, because they don't really protect people from family violence and are overused in Trivial Cases.


The effects of Family Violence can last for a lifetime, I know a family member who will always have to have regular blood tests to check lead levels as a result of being shot by lead pellets from a shotgun. Some Pellets will be in her body for the rest of her life, all courtesy of a decision made by a Magistrate. Welcome to the paper thin protection of AVO'S and Intervention Orders.

You are Not Safe at Home.

The Book Pictured at Left is produced by Victorian Legal Aid and is Very Misleading. You can go to Court and Obtain an Intervention order but it is just a piece of paper, if somebody is determined to harm you the Order will be no deterrent,particularly if the other person knows where you live.The last place you are safe in is in your own home, .The Photo on the Cover really sugarcoats what can be a really tragic situation.

Leigh Robinson is a convicted Double Murderer and Both of His Victims were killed at Home or close to Home.Robinson's First Victim Valerie Dunn was stabbed to death in her kitchen in 1968, she was 17 years old. For This Murder Robinson was sentenced to hang, but his death sentence was changed to 30 years jail, he was released after 15 years. In The Mid 1990's Robinson also served 5 Years in Jail for Rape and the indecent assault of 2 underage girls.

In April 2008, Leigh Robinson Murdered Tracey Greenbury, He first Assaulted and then Chased Tracey from her house and shot her just 2 door's away at a neighbors place.You have to ask the Question,how did a person like Robinson have a 12 Gauge Shotgun.

Twenty years ago My Sister-in-law was murdered by my Brother-in-law in her own home.He had breeched an Intervention Order and despite the fact that he was a Prohibited Person, Police told the Coronial inquest they believed My Brother-in-law paid an inmate for a Shotgun and was given an address to Pick up the Shotgun after his release from Prison. He Broke into my Sister-in-laws home and waited until she came home, after shooting her he also committed Suicide. To Say anybody, particularly women are safe in their own home is totally ridiculous.

In New south Wales, Nanette May was bashed to within an inch of her life in her own garage by her former partner Karl Koch.He throttled her until she was unconscious and then bashed Nanette repeatedly, leaving her with a broken Nose, her ears bled and her face was so swollen she could barely move.Surgeons have rebuilt her face and Mouth but Nanette has been left with Brain Damage.

Koch had repeatedly breeched the AVO(intervention Order)that Nanette had against him, but this didn't stop him from committing this horrendous attack.He was originally charged with attempted Murder but the charge was reduced to Malicious Injury with Intent.At the trial a Plea Bargain was done and Koch will only spend 6 Years in jail for his Brutal Attack.Using plea bargains is a simple and easy way for defendants to short Circuit the Justice System to avoid facing evidence which could ultimately mean a longer prison Sentence. Unfortunately Justice takes a back seat for the sake of convenience and cost and a deal is done which makes the Jobs of Magistrates and Judges much easier, but when you look at the decisions made by Victorian Courts you ask yourself where's the Justice????.

In a recent case before Justice Simon Whelan, a man was sentenced to only 5 years Jail after he hit his Defacto in the head with a Ceramic Cup. He had become Angry with her because she had drunk the last of the cask Wine. He left her Bleeding and went to watch football with his brother, the woman later died of her injuries. Justice Whelan told the court that a Jury had found the man Guilty of Manslaughter, not so much because he struck her, but that he didn't help her afterwards, you chose to abandon her in her moment of need. The "man" will be eligible for Parole in Just 3 years.

In another Victorian Court a man was sentenced to Just 6 years after Kicking a man in the head with a Karate Kick, he served just 3 and a half years in jail for Manslaughter,despite the fact he had prior convictions for assault. Once again a plea bargain was done,short circuiting the Justice System and the defendant  received a very lenient sentence.Since his release from prison he has been involved in another assault where a man was kicked unconscious, this time Magistrate Reynolds sentenced him to just 8 Months in Jail,despite the fact he had been released 2 and a half years early on his Manslaughter conviction.

Family law - Destroyed By a Crazy System

Family Court cases protects people who make false accusations of Violence because of the Secrecy Surrounding these cases. The family law act shields bias, negligence and incompetence in the system and people are able to make false allegations without the threat of defamation or the burden of proof that is required in other courts. These types of allegations are being used to advantage in family law proceedings.

A Case has emerged of a father who was wrongly accused of sexual abuse and has lost his job, his home and a lot of money to clear his name. A Magistrate finally dismissed the charges against him and described his wife as a "difficult and Untruthful Witness", who gave self-serving Evidence. The Father has not seen his children since Christmas because his wife refuses to allow him access to his children despite a family Law order allowing the father access. He has lost everything but has finally been proven innocent of the false allegations made against him. There is something definitely wrong with the system when a man is arrested, fingerprinted and charged on evidence that was absolutely flawed. His life has been destroyed by the System.

Father's groups are alarmed by the appointment of a retired family Court Judge because he has been openly critical of shared parenting laws. There is concern that Richard Chisholm will recommend the ending of this Controversial Legislation, to satisfy radical feminists and groups who want to change the laws. It is feared Richard Chisholm will give these Extreme groups the result they're after; there is also a fear that this would lead to an increase in fathers committing Suicide.

This review by the Federal Government follows an outcry, mostly by women that shared parenting has resulted in the family court ordering children to spend time with Violent Fathers, or should we say Alleged Violent Fathers.

We now have a legal System in Victoria where men are assumed to be guilty unless they can prove themselves innocent. It doesn't matter that the accuser may be a completely unreliable witness; this was the situation that Theo Theophanous found himself in. It ultimately destroyed his political Career, despite the charge of Rape being dropped, all it took was somebody to point the finger firmly at him, and it was assumed he was guilty, simply because somebody made an accusation.

Many Intervention Orders are granted purely because of the Gender Politics which have become part of Victoria's Legal System. The Magistrates Courts issue Intervention orders because somebody makes an allegation even though there has been no investigation by Police into the complaint. There is this pointing finger situation that may have no basis whatsoever, but the Magistrates grant these orders simply because it is assumed you are guilty of the allegations if you are a male, it also speeds up the court process, as one Magistrate commented he didn't want to become bogged down in a contested hearing. It's very easy for a defendant to be destroyed by this Crazy System. It's called "Sausage Machine Justice".

Family Violence Protection Act 2008 - A Legal Pandemic

The Laws in Victoria have created a virtual Pandemic of Intervention orders and it doesn't really matter what your problem is you can instantly go to the registrars Counter at any Magistrates Court and apply for an Intervention order in any type of Civil dispute,

One of the Myths contained in the document says, the Violence Protection Act recognizes features of family Violence, including the gendered nature of Violence. This is a ridiculous generalization that doesn't and shouldn't apply to every male. The simple reason more women are applying for intervention orders is because they know they are guaranteed an Intervention Order simply because of their Gender. It is the gendered nature of the Legislation that gives women an automatic Green Light regardless of their "complaint". In One state of Australia a man has had 11 Intervention Orders issued against him in 11 years despite the fact there has been no threat of Violence, most of these orders she revoked after a week or two. Intervention orders are issued as quickly and as easily as a Parking Ticket.

In a newspaper article these contentious and Draconian laws have seen Fathers Groups, and anti domestic violence organizations prepared to battle each other over changes in family Law. This does not mean that fathers groups are against Anti Domestic Violence Laws, they are concerned about the Gendered Nature of the legislation, which affects all Fathers and all Men, not just Violent Men.

Instead of stopping Violence and Conflict these laws and the draconian decisions that are made, only inflame what are already emotional Situations, with sometimes tragic consequences. In a recent case which ended in the death of a young Child, the Chief Justice said, the Death cannot be blamed on the Family Court's handling of the Family break up and the Tragedy could not have been predicted, nobody would have seen this Coming. The Courts are very short sighted , because these tragedies happen far too often, both in family law and Intervention Order cases. Making the laws and Penalties more Draconian will only help to make these problems even worse. You have to realize the Laws of Common Sense don't apply in a Court of Law.

The Family Court of Australia has now made it extremely easy to obtain a divorce; all you need to do is apply online with a click of a mouse. This New E-Divorce Process has created a surge in Divorce applications, 800 people applying in less than 9 weeks!!!!. The Australian Family association has called for the Australian Government to Ditch this Service. A Family Law courts Executive has defended the System, saying the aim was to improve access to "Justice"!!!.

Maybe the next step is to ask female applicants whether they also want an Automatic Intervention Order as Well, it would mean they wouldn't have to move house or worry about their ex-husband having access to the Children. This would Streamline the Family law Process considerably. Unfortunately the People who frame some of our laws and turn their unrealistic ideas into legislation, can't see the Problems and tragedies they are contributing to. Even though the intervention order legislation comes under the Family Violence Protection Act 2008, You don't have to be a Violent Person to have one unnecessarily issued against you nor does the judiciary take into account that there is no Criminal Intent by the so called "Defendant".

At the opposite end of the scale, take the case of Rodney Cameron who was Jailed for only 10 Years in New South Wales for Murdering a woman at Katoomba. After the Murder Rodney Cameron Left NSW and came to Victoria where he then Murdered a Motorist who had picked him up while Hitch Hiking. After Cameron's release from Prison in NSW he was then convicted in Victoria for the Murder of the Motorist and was sentenced to Life in Prison. After serving only 6 years in Jail in Victoria he was released because the
Victorian Authorities thought he was "Rehabilitated". Despite the fact that he had also abducted a Woman and her child in Queensland he was not tried for this crime at all. Shortly after his release from a Victorian Jail, Rodney Cameron rang a Melbourne Radio Station's Lonely Heart's Program, He received 9 replies from Female Listeners, one of these women he took on a Trip back To Katoomba, the scene of his First Murder where he murdered the Woman who had responded to his Lonely Heart's Call.

What is the Victorian Government's answer to reduce the amount of Domestic Violence and Violence on the Streets in this state. Limit the number of Booze Barns in the CBD???. Have restricted Hours For these Venues???. Their answer is to introduce compulsory feminism programs in State Schools, in what they call a Major Push to Prevent Violence against Females.This would include students acting out scenes of Sexual Coercion , where students would suggest more appropriate Behavior. It says Feminist theories were best at explaining the link between "Gender Power" which would underpin the programs, but the Authors admit there was considerable hostility to feminism among Teachers and Students. However a Feminist framework would anchor the "political Committments" of the Program. We need to do that in ways that don't make boys in particular feel blamed and Demonised.A Family association spokesmen has stated the obvious when he says, Strident feminist propaganda won't wash with Boys.


All these changes and programs are supposed to make Women Safer from Family Violence but how this is physically possible when Victoria Police are Closing Police Stations and figures obtained show that there are less Police Patrols on the road is a matter of good Luck rather than Good Planning. A woman at a family Violence meeting I spoke to said she Rang 000 and it took Police 90 Minutes to respond to her call. Victorian Police seem incapable of Stopping the Alcohol Fueled Violence on Melbourne's Streets. This is leading to more Parents applying for Intervention Orders with Complaints of Drugged and Drunken "Children"Banging on Doors and Windows wanting to be let in to the House. The State government only seems to be concerned when there could be a possible loss of Revenue to the State with regard to Indian Students Studying in Victoria.

The members of the Family Violence Portfolio committee along with Politicians and the Judiciary need to realize that no matter how Draconian you make the laws, or how many intervention orders you churn out, or how long the Intervention orders last for have no bearing on the outcomes at all, if somebody is determined to harm somebody or murder them. Intervention orders aren't worth the paper their written on and Don't Actually work. A man who was serving 18 years for murdering his wife, said that if he had his time over again, he still would've killed his wife.

A Woman in NSW was interviewed on Television and said how elated she felt when the Courts issued an AVO against her estranged Husband, but reality set in when she arrived home to find her 2 children and her Father had been murdered and her estranged husband had then committed suicide. What happens then is Politicians and the Judiciary sit down and write up new legislation that probably won't work any better than the last lot of Legislation. The Courts and lawmakers in Australia take a leaf out of the Feminist Manifesto by simply Demonising and blaming all men. This is a ridiculous generalization that won't fix the problems relating to violence.

What's Wrong with our Justice System

This Blog is about the ridiculous misuse of Intervention Orders in our so called Justice System, but those problems are part of the much bigger problem in the courts, the lenient handling of violence in our society. Here are some Examples.

A 75 year old woman was attacked by a 19 year old which left her with a broken nose, dislocated jaw, smashed eye and bruising to her face and body. This has left the woman a prisoner in her own body, which is riddled with debilitating pain, and she has been forced into a nursing home after being bashed senseless by the teenager who robbed her. The attacker avoided jail time because a judge thought he was too young and skinny to be in Jail. Does this mean that the Courts will now hand out sentences that are based on a persons age and Weight rather than the Criminal actions they have done????.

There were a number of youths who made a sickening Video of a girl performing a sex act, she was urinated on and her hair set alight, the video was put on the internet and the Youths did no jail time. They even brag that they are now famous, or should we say infamous for their disgusting actions.

Two youths who were part of a gang who killed a Chinese Man In Melbourne, were found guilty of Manslaughter and will serve only 2 YEARS in a youth detention facility.

A Young man who nearly died after being bashed by two other Men outside a nightclub was left with a Fractured Skull, depressed eye socket, a cracked cheekbone and a misaligned Jaw. The two perpetrators of the violence ended up with a Community based order, and the other a good behavior Bond???.


Peter Dupas was sentenced in 1985 for a vicious attack, and the Judge said "On the evidence that I have read before me this morning there seems to be a very good chance - if you were at large again - that some other girl might suffer in the same way" The Judge was fully aware of Dupas's already violent past. Dupas stabbed his first victim 17 years earlier; he had been sentenced to nine years for rape in 1974, but released in five. Within weeks he stabbed and raped other women.

The Judge then sentenced Dupas to six years on the indecent assault charge and 12 years for the rape charge, he ruled that the six-year sentence was to be served concurrent with the 12-year sentence, and then generously set a minimum of 10 years. He was released after just seven. So instead of doing 18 Years, he only did 7 even though the Judge predicted that there was a very good chance he would reoffend. The Courts needed to stop him but he was released again only to commit horrendous attacks on 3 more innocent women.

How ridiculous our laws are is again evidenced by the jailing for 2 years of Judge Marcus Einfeld over a 77 Dollar speeding Fine, he may have misled the Court in giving Evidence, but if we jailed everybody for giving Misleading evidence then the jails would fill up very quickly, Marcus Einfeld is not a threat to people in our Society when you compare him to other people who aren't sentenced to Jail.

A family has waited almost 3 years in the Victorian Court System for the Trial to begin of their Son's Alleged Killer, the reason it has taken so long for the 15 day trial to be heard is the Victorian Courts haven't had a Judge to hear the case. The alleged killer has been free since the time of the alleged attack. Maybe they could have used Judge Marcus Einfeld instead of putting him in jail over a speeding fine, or they could use a Melbourne Magistrate to hear a real Violence case, instead of wasting Court Time hearing some of the Ridiculous Intervention Order cases that are heard by Victorian courts on a regular basis.

In Melbourne a five-month sentence for a man who kneed and punched his pregnant girlfriend in the stomach has outraged victim support groups. The defendant was convicted of assault occasioning actual bodily harm, intimidation and damaging property after attacking the woman, who was six months pregnant. Judge Gordon Lerve said the man was lucky his girlfriend had not been seriously injured or the sentence would have been greater.

You have to ask yourself what would have to happen to a pregnant women before the Judge would impose a longer sentence???. Would the women have to miscarry after being punched in the stomach before a more appropriate sentence was imposed on the defendant????.

Even elderly women are not safe in our society anymore, the failure of magistrates to put a granny basher behind bars before he severely bashed a 91 year old woman is a stark example of costly mistakes that can be made by the judiciary, the state's former chief magistrate Nick Pappas says, earlier sentencing looked "lenient" and "unusual" in light of his later escalation of offences. The defendant had broken into her house five times before bashing the woman with a wooden object in 2007. She died a month later. The Justice System definitely failed this old and Frail woman.

The Victorian Sentencing Act 1991 sets out five purposes for sentencing adult offenders in Victoria. They are to punish, deter and rehabilitate offenders, to denounce their behavior and to protect the community.

The Act states that sentences can only be imposed in order to:

punish the offender to an extent and in a manner that is just in all of the circumstances

deter the offender or others from committing similar offences

establish conditions that will foster the offender's rehabilitation

make it clear that the court denounces or condemns the offender's behavior

protect the community from the offender.

If you look at the five purposes set out above, the only one the court actually does is make it clear that the court denounces or condemns the offender's behavior; the other purposes are simply rhetoric. What sentence a person receives has no relevance to what crime they have committed. It all comes down to which Magistrate or Judge you appear before and nothing else.

Barristers adjourn cases in the hope that their client appears before a different Judge or Magistrate when the case comes back before the Court. An experienced Barrister knows which Magistrates and Judges to Avoid!!!.

Public perception of Victoria's Justice System seems to have had some effect on our politicians.

A Notice appropriately dated the 1st of April 2009 says.

The State Government is looking for suitably qualified people from a range of backgrounds to serve as judicial officers in the Supreme, County, Magistrates' and Coroner's Courts of Victoria.
Deputy Premier and Attorney-General Rob Hulls said candidates should possess personal qualities such as integrity, fairness and a commitment to public service.

"We are seeking legal professionals from across a range of backgrounds to broaden the pool of candidates from which future judicial appointments will be made, and are encouraging interest from women, people with disabilities, and people of indigenous and culturally-diverse backgrounds," Mr. Hulls said."We are particularly interested in candidates, who have demonstrated an interest in appropriate dispute resolution, which we believe is essential to the future of Victoria's justice system. Rob Hulls Announcement seems to have come after criticism of our current Justice System.

A newspaper article titled, Judges on Trial said this, The Director of Public Prosecutions, Jeremy Rapke, QC, told a meeting of senior judges, lawyers, police and politicians late last year that record numbers of appeals indicated "clearly something very serious is amiss with the manner in which criminal trials are being conducted''.

The same problems also exist in the way Magistrates handle Intervention Order cases. There are no distinctions or priorities made between civil disputes or violent family Violence cases.

In a recent case an ex-wife served almost 6 months of a 12 month's jail sentence for hindering her former husband's attempts to sell their matrimonial home. The Woman in her late fifties was released from Prison after a buyer was found for the property. She was jailed because she didn't move out of the House to let her ex husband sell it. It seems totally wrong that a woman in her late 50's was sentenced to a Jail term of 12 Months for not moving out of a house, but Violent Thugs can walk free from Court with a slap on the wrist or a community based order. The courts do not have their priorities right!!!.

If people are frustrated in how our Magistrates and Judges handle sentencing in cases of Violence then they won't be impressed with how Magistrates handle Intervention Order applications.

Intervention orders were designed to protect people from serious assault in Violent Domestic Relationships. What has happened now is everybody and anybody are turning up at courts applying for Intervention Orders in trivial Civil disputes for any reason imaginable. This has led to retaliatory Intervention orders, if you get one on me, then I'll go to the Court and get one on You. They are being used as weapons in some pretty childish disputes and not in cases of family violence.

Police are telling people who come to complain about anything from an argument about the pruning of trees, to a woman who is complaining that her Cat Bowls are disappearing to apply for an Intervention Order. The Problem is made even worse because Registrars at our Courts are allowing this free for all to take place on a regular basis. Police workload is being unnecessarily increased because it doesn't cost the applicant anything to apply for an Intervention Order. If they decide not to turn up to court, the matter is simply struck out.

Applicants can make any exaggerated claims they like, the defendant can lose a day's pay to attend court and then find out it's all been a waste of time, because the applicant decides not to attend the Court. This has snowballed into a free for all in Our Courts, it has gotten to the point it is beyond the control of our legal system. To make it worse the people who run our court system don't seem to care, it all becomes part of the Churn.

Intervention Orders are also seen as an easily obtained solution to end your relationship, women don't want to tell their boyfriends or husbands that they no longer want to be with them so they go to court and get an Intervention Order. This solves the problems of having to move or buy new furniture and the court will stop their ex partner from coming to their residence, because they are women the Court will automatically believe their complaints, which guarantees them an Intervention Order. Anybody who has been to a Magistrates Court will realize how predictable both the decision and the court procedures are, it is all geared to simplicity and speed. The court's bias against men getting a fair hearing is disgraceful, and the way the Courts short circuit the legal process to push Intervention Orders through as quickly as possible is amazing.

When a Final intervention order application is to be heard, you need to attend Court to appear before a Magistrate and there is no Onus on the applicant seeking the order to prove that the defendant is Guilty of the allegations, and in most cases there has been no Police investigation into the allegations. The Magistrate asks the Aggrieved Family Member to step in to the Witness Box and take the oath, and then asks the applicant to read their statement of complaint and to confirm that it is true and correct. They respond by saying yes or they just Nod their head.

The Magistrate then tries to persuade the defendant to consent to the order being made without making any admissions to the Court. Usually the defendant, who has had no experience in Court before, agrees to Consent without admission order being made, without knowing the full ramifications of what they are actually agreeing to. Magistrates are short Circuiting the Legal Process, because as one Magistrate commented, he didn't want to become bogged down with a contested hearing!!!!. Decisions regarding the granting of Intervention Orders are supposed to be made on the Balance of Probabilities, but many are granted to simplify the court process for the Magistrate. If more Defendants actually contested Intervention orders, our courts could not cope with the workload, it would be absolute chaos.

Defendants may attend Court with a barrister to defend the Intervention order, but in many cases it may take a couple of months before the contested hearing can be heard by the Court. The interim intervention order will remain in place until the contested hearing date, so the barrister simply recommends that the defendant consents to the Intervention Order without admission to save time and legal fees, even when there may be no basis for an intervention order to be granted.

I have been in court and seen a woman Crying and Pleading with the Magistrate to at least allow her to ring her Son, because he had taken out an Intervention Order against his Mother. If your son or daughter leaves home and doesn't want you coming to see them, then they are able to go to a court and have an Intervention order issued against you. you could then be charged with a "Criminal offence" of harassing or intimidating the "AFM" for contacting your own son or daughter.

Legislation has recently been introduced to make the laws even more Draconian, defendants who now want to vary or revoke an order, will now have to seek leave of the Court to even have a hearing to vary or revoke the order heard. There is a misconception that defendants seek Variations or apply to revoke the order to harass the applicant.

In an interview a magistrate said this. Now, we can't stick a policeman in everybody's living room to make sure the orders are complied with, so there will always be some people who are so determined that they will go ahead and breach them anyhow and I don't know how you stop those people.

The magistrate obviously believes as other people do, that intervention orders can be easily breeched with sometimes tragic consequences for the Victim and their families. The best suggestion I would give to the Magistrate is for the Courts to use Intervention Orders as they were designed to be used, and to focus on defendants who are known to be violent, and have a history of escalating Violence towards their Wives and Families. At the Moment our Court Systems don't do this. Magistrates tell the AFM'S to ring the Police if there is a breech of the order but in far too many cases the Police become involved after it's too late to be of any use to the Aggrieved Family Member.

Magistrates don't realize that by putting defendants in Jail for breeching an Intervention Order, they are not only inflaming the situation, they are sometimes putting people with a Violent history into a Prison system where other inmates and criminals, can put them in touch with people in the criminal world who have access to a wide variety of illegal firearms. It is a recipe for disaster and counter productive in stopping family Violence. How the system handles Sentencing and the issues surounding Violence and Intervention Orders has become completely unrealistic and a farce.

We have an Intervention Order Process in our Courts, that doesn't adequately protect people from Real family Violence and it allows people to take, what can only be described as ridiculous and Trivial Court action against Non Violent Defendants in Civil Disputes. One Politician has called this Sausage Machine Justice. That is exactly what the court process is, simply to save time and get through as many cases as possible. As a Barrister said to me, Welcome to the Crazy World of Intervention Orders.