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False Hindering Police Charges Lead To Ground Breaking Legislation Ruling

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posted on Sep, 21 2011 @ 06:17 AM
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Hopefully this result will stop a few cop abuses of power when they try their usual false arrests under the true letter of the law.

They should have long ago, issued court appearance notes instead of dragging people in & adding lame resist arrest or hinder police charges.

Hopefully the idiots at the top won't try to rush in new legislation so they regain their iron grip for the police state. Wouldn't be the first time they changes the rules when they don't like the results.

I bet the police who have been making illegal arrests & laying false charges won't have to pay for their crimes in any way.

Police have long used the thought of being dragged to the police station to terrorise people.

Mother to test illegal charge

(31/08/11)
www.northernstar.com.au...

LAWYERS representing a Kyogle (Australia) mother and son hope to change the way police deal with Aboriginal people across the State through a NSW Supreme Court challenge.

Gloria May Williams and her son, Robert Lee Anthony Williams, were found guilty in the Kyogle Local Court last month of hindering police when officers arrived at an indigenous dance ceremony to arrest younger brother, Joel Nathan Williams, on a shoplifting charge resulting from 2009.

The Aboriginal Legal Service will argue it was an illegal arrest and therefore its clients could not have been hindering police.

The service’s chief legal officer, John McKenzie, believes the arrest was unlawful under the Law Enforcement Act, which requires police to prove an arrest is necessary.


Family sets state precedent

(21/09/11)
www.northernstar.com.au...

A KYOGLE mother and son have won a protracted challenge to what the NSW Supreme Court now deems an unlawful arrest, setting a statewide precedent expected to bring a change in police policy.

Gloria May Williams and her son, Robert Lee Anthony Williams, were found guilty in the Kyogle Local Court last year of hindering police when officers arrived at an indigenous dance ceremony to arrest Robert's younger brother, Joel Nathan Williams, on a 2009 shoplifting charge.

The Supreme Court upheld the Aboriginal Legal Service's argument that it was an illegal arrest under the Law Enforcement Act, which requires police to prove an arrest is necessary, and therefore its clients could not have been hindering police.

Aboriginal Legal Service lawyer Jeremy Styles described it as an important judgement that will not only be good for his client base, but the general public.

"We can't speak for the police, but we're hopeful the ruling stands as a clear statement that the use of arrest is a last resort and a clear statement that arrest should only be used in the most necessary of circumstances," he said.




edit on 21-9-2011 by acrux because: (no reason given)




posted on Sep, 21 2011 @ 07:20 AM
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Well, I for one was un-lawfuly arrested, we had few drinks with friends, and later on our way downtown, a speeding SUV passed me by inch and smashed into my friend walking in front of me. He just flew like a rag-doll and bounced off the wall on the other side of curb. All I could think was "No human body can bend like this, not a living one!" I felt into shock, but managed to check his vitals (long first-aid training helped), call ambulance and police and stayed by him. When officers arrived I was well into shock, which they perceived as a sign of drug-abuse.AFTER that one of officers told me to run to injured guys home and bring him some clothes for a change in hospital. When I ran to his house, and I frankly did it very erraticaly, I was stopped, handcuffed and arrested with charges of drunken disorder, despite my explanations, by one of units that arrived on a scene.
I ended in the court, defended myself out of any fine, criminal conviction, or any kind of repercusions, but in order to do it, my lawyer advised me to admit charges. Sadly I did, because every time I was claiming lack of guilt I was being adjourned.

Law serves state, not citizens, don't delude yourself othwerwise.



posted on Sep, 21 2011 @ 07:47 AM
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reply to post by stainlesssteelrat
 
Sorry to hear that.

Shame how innocent people get railroaded through our kangaroo court systems.

I was once at a party on a boat. We were all arrested. A mate was asleep in the bedroom part of the boat. He was dragged off with other people. He woke up in the back of the paddy wagon. We had permission to be on the boat & when the owner collaborated our story, the police knew they had made false arrests, so they claimed we were drunk & disorderly to cover themselves.



edit on 21-9-2011 by acrux because: (no reason given)



 
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