Abuse of Process
YORKSHIRE-BASED fraud and business crime
solicitors Rahman Ravelli have been ranked in the elite in the worlds
most prestigious legal directory.
The firm, which has its head
office in Halifax and a base in the City of London, has been classed in
the Tier 1 group of crime lawyers by the authors of "The Legal 500". It
means that the highly-respected international directory has classed
Rahman Ravelli as one of the very best for handling national and
international fraud and corruption cases.
This year's edition of
the legal guide, released today (Thurs Sept 26), describes the Rahman
Ravelli legal team as being diligent and taking "a creative and
innovative approach to case preparation". The guide describes company
founder Aziz Rahman as "charismatic and indefatigable" and praises
Rahman Ravelli's Helen Lynch as a "true specialist" for her proceeds of
crime work.
Rahman Ravelli's London operation also gains
particular praise in the guide. The Legal 500 says one of the firm's
solicitors in the capital, Neil Williams, is "very proactive" and refers
to Aziz Rahman’s work in London as "very tactically aware".
The
Legal 500 has also announced today that Rahman Ravelli has been
shortlisted for the very first Legal 500 UK Awards. Winners will be
announced on October 2.
Aziz Rahman said: "This firm has worked
hard to reach the position we are in. We are delighted that our
dedication, hard work and great track record of success has been
recognised by The Legal 500.
"At Rahman Ravelli, we believe our
clients should be the ones to benefit from our work. But it is pleasing
for all of us to have gained such a prestigious ranking and the chance
of an award."
One of the leading cases in
this area is R (Ebrahim) v Feltham Magistrates’ Court; Mouat v DPP
[2001] 2 Cr. App. R, 23, DC. The High Court considered the situation
where the two defendants, in two separate cases had asserted that video
evidence would have assisted their defences but where the video
material was no longer available. In Mr. Mouat’s case he was videoed
by an unmarked police car exceeding the speed limit. His defence was
that he was trying to get away from a driver who was driving dangerously
close behind him and he had no idea it was a police car; i.e. duress
of circumstances. Once he stopped he was shown the video by the
officers and had the choice to accept a penalty or go to trial – he
elected trial. By the time of the trial the tapes in the police car had
been re-used. The High Court quashed Mr. Mouat’s conviction. Mr.
Ebrahim was not so fortunate. Ebrahim’s case concerned un-seized CCTV
material. On the facts of that case the Court found that the defendant
had a fair trial eventhough the CCTV material was missing. The Court
of Appeal said that when considering an abuse application on this basis a
Judge must consider what the duty was to preserve any video material.
If the court finds that there is no such duty for the material in
question to be seized or preserved then there can be no stay of the
prosecution. If, alternatively, there is such a duty, and it has been
breached, then the court can only consider staying the indictment as an
exceptional measure as the trial process itself can remedy the problem;
e.g. by the Judge warning the jury about missing evidence, or by him
excluding certain other evidence and so on. If, however, the police or
the prosecution appear to have acted with “bad faith or at the very
least some serious fault” then a stay may be more readily granted.
Two Categories of Abuse
In
considering the development of the case law it is clear that the Higher
Courts will sometimes use the abuse of process jurisdiction to
effectively ‘punish’ the police or prosecution for errors or faults.
This ‘serious fault’ limb of the abuse of process jurisdiction
highlights the way abuse applications fall into two broad categories;
Category 1 cases where the defendant cannot receive a fair trial, and
Category 2 cases where it would be unfair for the defendant to be tried:
see R v Beckford (1996) 1 Cr App R 94, 101. Thus, if evidence that
should have been seized by the police but now cannot be obtained, but
would have been helpful to the defence, then that is a ‘Category 1’
situation and the Judge could, exceptionally, stay the trial on the
basis that the defendant could not get a fair trial.
If, however, the
police had the material but maliciously destroyed it, then that would
be a ‘Category 2’ case and even though the defendant could get a fair
trial it would be unfair to try him – in as much as it would offend our
sense of justice and bring the administration of the criminal justice
system into disrepute to do so, see e.g. R v Mullen [1999] 1 AC 42, HL.
R
v Grant [2005] 2 Cr. App. R 28 is a Category 2 case. The police
eavesdropped on the communications of a suspect and his solicitor. The
Court held that unlawful acts of such a kind, amounting to a deliberate
violation of a suspect’s right to legal privilege were such an affront
to the integrity of the justice system that the prosecution was
rendered abusive. However, this case has now been expressly disapproved
by the Privy Council in Curtis Warren v Att. General for Jersey [2011] 2
ALL ER 513, PC. In that case the police had placed an audio probe in
the defendant's hire car which would be driven through a number of
overseas European countries. The police knew that permission from those
countries had been refused for the use of such devices but went ahead
anyway. The consequent abuse of process application failed, a decision
upheld on appeal. Much turned on the facts of the case but the Council
found that the Court of Appeal was wrong to say that deliberate invasion
of a suspect’s right to legal professional privilege should generally
lead to a stay; it may do but category 2 cases were always a balancing
exercise.
The use of undercover officers in covert operations often
leads to accusations of abuse of process on the basis that the officers
have entrapped or encouraged an offence to take place. This aspect of
abuse deserves a whole article to itself but, in very short order, the
Judge has to look to see if the undercover officer has ‘overstepped the
mark’; R v Loosely; Att. General’s Ref (No 3 of 2000) [2001] 1 WLR
2060, HL.
Disclosure
The area of disclosure has always been
the most contentious area of criminal litigation and most of the great
miscarriage of justice cases have turned on failures to disclose by the
prosecution. The House of Lords laid down final and conclusive
guidance on disclosure and Public Interest Immunity applications in the
case R v H & C [2004] 2 AC 134 (the authors represented ‘H’).
However,
it is a sad fact that today prosecutors are still not getting
disclosure right. With the pressure on the prosecution not to give the
defence the ‘warehouse keys’ there has been an over analysis of Defence
Statements and a willingness to conclude that no further disclosure is
necessary.
In a case called R v O [2007] EWCA Crim 3483 a Crown Court
Judge was so exasperated by H.M. Custom’s failure to properly respond
to the defence’s proper applications for disclosure he stayed the case
as an abuse of process. The prosecution appealed and the Court of Appeal
upheld the decision. The case was a fraud allegation where O was
simply asking for business documents held by customs after they had
searched his premises. Customs had been taking the line that most of the
material neither assisted the defence or undermined the prosecution
case and was therefore not disclosable and refused to even let the
defence have sight of the outer covers of the documents. The defence
were adamant that the business documents could assist. The Judge was
swayed by the obstructive nature of Customs, he did not even make a
decision on the merits of the material in question but was pushed in
the end to saying that Customs had relied too heavily on the precise
rule of law on disclosure, to the extent that they were inflexible and
obstructive. His Honour said “if the prosecution approach the case
without concession then they can expect none” and with that he threw the
case out.
In a case involving indecent images of children, the
defence solicitors wished to view the material and certain directions
were given by the court regarding disclosure. The prosecution were not
content with the security arrangements for the viewing and storage of
this sensitive material and refused to obey the order, the indictment
was stayed; R v R (L) [2010] 2 Cr. App. R 9, CA. The Lord Chief Justice
noted that there will be cases even were the defendant is in custody
where the prosecution will have to provide the material on CD so it can
be examined by the defendant with his lawyers in prison with
undertakings by the lawyers as to the use of the material.
The abuse
of process doctrine also applies to confiscation proceedings, though to a
more limited degree. The Court of Appeal has confirmed the Crown
Court’s jurisdiction to stay confiscation proceedings where, in limited
cases, the Crown’s application for confiscation amounted to oppression:
R v Morgan & Bygrave [2008] EWCA Crim 1323 (20/6/08), para 27. In
that case the defendant had substantially repaid the victim and the
confiscation proceedings in effect punished him twice over. However, the
Court of Appeal has since re-iterated that confiscation proceedings
are by design draconian and cases where such proceedings amount to an
abuse will be rare indeed; see R (BERR) v Lowe [2009] 2 Cr. App. R (S)
81, see now R v Nelson & Others [2010] 1 Cr. App. R (S) 82.
Conclusion
Abuse
of process applications should not be made lightly. However, they can
arise in any number of situations – too many to properly deal with in
this short article. What is required in any abuse application is
material and authorities upon which such an application can be properly
supported. This usually means early and focussed pressure on disclosure
where a possible abuse of process application might be made. In order
to persuade a court to stay an indictment a defendant has to have the
ammunition to support the application. That means the lawyers have to
be alive to the possibilities that might arise in any case and think
long-term; e.g. early written, and properly justified, requests for
material – when months later the Crown have failed to comply then the
ammunition is starting to build up enabling the defence to submit that
the defence are trying their best but facing difficulties form the
prosecution. In other words if there is any hint of an abuse of process
application then it must be kept at the forefront of the defending mind
from the very outset.
Jonathan Lennon is a Barrister specialising in
serious and complex criminal defence case at 23 Essex Street Chambers
in London. He is a contributing author to Covert Human Intelligence
Sources, (2008 Waterside Press) and has extensive experience in all
aspects of the Proceeds of Crime Act 2002.
Aziz Rahman is a
Solicitor- Advocate and Partner at the leading Criminal Defence firm
Rahman Ravelli Solicitors, specialising in Human Rights, Financial Crime
and Large Scale Conspiracies/Serious crime. Rahman Ravelli are members
of the Specialist Fraud Panel and have recently been ranked by Legal
500 as an 'excellent' firm with Aziz Rahman being described as 'first
class and very experienced'.
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Abuse of Process1 October 2012
When will a Judge throw a case out of Court because of the behaviour of the Prosecution?
There
are many reasons why a Judge might conclude that it would not be proper
for the courts to be used to prosecute a defendant. For example, delay
in bringing proceedings, manipulation of the court’s procedures,
entrapment by police officers, loss of evidence and so on. The
prosecution facing an abuse of process application will always argue
that the Judge can ensure fairness by, for example, excluding any
evidence which is causing dispute, or by warning the jury that the
defendant has been unable to call certain evidence because it has been
destroyed – in other words anything except throw the case out before it
even starts.
Leading Case
One of the leading cases in this
area is R (Ebrahim) v Feltham Magistrates’ Court; Mouat v DPP [2001] 2
Cr. App. R, 23, DC. The High Court considered the situation where the
two defendants, in two separate cases had asserted that video evidence
would have assisted their defences but where the video material was no
longer available. In Mr. Mouat’s case he was videoed by an unmarked
police car exceeding the speed limit. His defence was that he was trying
to get away from a driver who was driving dangerously close behind him
and he had no idea it was a police car; i.e. duress of circumstances.
Once he stopped he was shown the video by the officers and had the
choice to accept a penalty or go to trial – he elected trial. By the
time of the trial the tapes in the police car had been re-used. The
High Court quashed Mr. Mouat’s conviction. Mr. Ebrahim was not so
fortunate. Ebrahim’s case concerned un-seized CCTV material. On the
facts of that case the Court found that the defendant had a fair trial
eventhough the CCTV material was missing. The Court of Appeal said that
when considering an abuse application on this basis a Judge must
consider what the duty was to preserve any video material. If the court
finds that there is no such duty for the material in question to be
seized or preserved then there can be no stay of the prosecution. If,
alternatively, there is such a duty, and it has been breached, then the
court can only consider staying the indictment as an exceptional measure
as the trial process itself can remedy the problem; e.g. by the Judge
warning the jury about missing evidence, or by him excluding certain
other evidence and so on. If, however, the police or the prosecution
appear to have acted with “bad faith or at the very least some serious
fault” then a stay may be more readily granted.
Two Categories of Abuse
In
considering the development of the case law it is clear that the Higher
Courts will sometimes use the abuse of process jurisdiction to
effectively ‘punish’ the police or prosecution for errors or faults.
This ‘serious fault’ limb of the abuse of process jurisdiction
highlights the way abuse applications fall into two broad categories;
Category 1 cases where the defendant cannot receive a fair trial, and
Category 2 cases where it would be unfair for the defendant to be tried:
see R v Beckford (1996) 1 Cr App R 94, 101. Thus, if evidence that
should have been seized by the police but now cannot be obtained, but
would have been helpful to the defence, then that is a ‘Category 1’
situation and the Judge could, exceptionally, stay the trial on the
basis that the defendant could not get a fair trial.
If, however,
the police had the material but maliciously destroyed it, then that
would be a ‘Category 2’ case and even though the defendant could get a
fair trial it would be unfair to try him – in as much as it would
offend our sense of justice and bring the administration of the criminal
justice system into disrepute to do so, see e.g. R v Mullen [1999] 1 AC
42, HL.
R v Grant [2005] 2 Cr. App. R 28 is a Category 2 case.
The police eavesdropped on the communications of a suspect and his
solicitor. The Court held that unlawful acts of such a kind, amounting
to a deliberate violation of a suspect’s right to legal privilege were
such an affront to the integrity of the justice system that the
prosecution was rendered abusive. However, this case has now been
expressly disapproved by the Privy Council in Curtis Warren v Att.
General for Jersey [2011] 2 ALL ER 513, PC. In that case the police had
placed an audio probe in the defendant's hire car which would be driven
through a number of overseas European countries. The police knew that
permission from those countries had been refused for the use of such
devices but went ahead anyway. The consequent abuse of process
application failed, a decision upheld on appeal. Much turned on the
facts of the case but the Council found that the Court of Appeal was
wrong to say that deliberate invasion of a suspect’s right to legal
professional privilege should generally lead to a stay; it may do but
category 2 cases were always a balancing exercise.
The use of
undercover officers in covert operations often leads to accusations of
abuse of process on the basis that the officers have entrapped or
encouraged an offence to take place. This aspect of abuse deserves a
whole article to itself but, in very short order, the Judge has to look
to see if the undercover officer has ‘overstepped the mark’; R v
Loosely; Att. General’s Ref (No 3 of 2000) [2001] 1 WLR 2060, HL.
Disclosure
The
area of disclosure has always been the most contentious area of
criminal litigation and most of the great miscarriage of justice cases
have turned on failures to disclose by the prosecution. The House of
Lords laid down final and conclusive guidance on disclosure and Public
Interest Immunity applications in the case R v H & C [2004] 2 AC 134
(the authors represented ‘H’).
However, it is a sad fact that
today prosecutors are still not getting disclosure right. With the
pressure on the prosecution not to give the defence the ‘warehouse keys’
there has been an over analysis of Defence Statements and a
willingness to conclude that no further disclosure is necessary.
In
a case called R v O [2007] EWCA Crim 3483 a Crown Court Judge was so
exasperated by H.M. Custom’s failure to properly respond to the
defence’s proper applications for disclosure he stayed the case as an
abuse of process. The prosecution appealed and the Court of Appeal
upheld the decision. The case was a fraud allegation where O was
simply asking for business documents held by customs after they had
searched his premises. Customs had been taking the line that most of the
material neither assisted the defence or undermined the prosecution
case and was therefore not disclosable and refused to even let the
defence have sight of the outer covers of the documents. The defence
were adamant that the business documents could assist. The Judge was
swayed by the obstructive nature of Customs, he did not even make a
decision on the merits of the material in question but was pushed in
the end to saying that Customs had relied too heavily on the precise
rule of law on disclosure, to the extent that they were inflexible and
obstructive. His Honour said “if the prosecution approach the case
without concession then they can expect none” and with that he threw the
case out.
In a case involving indecent images of children, the
defence solicitors wished to view the material and certain directions
were given by the court regarding disclosure. The prosecution were not
content with the security arrangements for the viewing and storage of
this sensitive material and refused to obey the order, the indictment
was stayed; R v R (L) [2010] 2 Cr. App. R 9, CA. The Lord Chief Justice
noted that there will be cases even were the defendant is in custody
where the prosecution will have to provide the material on CD so it can
be examined by the defendant with his lawyers in prison with
undertakings by the lawyers as to the use of the material.
The
abuse of process doctrine also applies to confiscation proceedings,
though to a more limited degree. The Court of Appeal has confirmed the
Crown Court’s jurisdiction to stay confiscation proceedings where, in
limited cases, the Crown’s application for confiscation amounted to
oppression: R v Morgan & Bygrave [2008] EWCA Crim 1323 (20/6/08),
para 27. In that case the defendant had substantially repaid the victim
and the confiscation proceedings in effect punished him twice over.
However, the Court of Appeal has since re-iterated that confiscation
proceedings are by design draconian and cases where such proceedings
amount to an abuse will be rare indeed; see R (BERR) v Lowe [2009] 2 Cr.
App. R (S) 81, see now R v Nelson & Others [2010] 1 Cr. App. R (S)
82.
Conclusion
Abuse of process applications should not be
made lightly. However, they can arise in any number of situations – too
many to properly deal with in this short article. What is required in
any abuse application is material and authorities upon which such an
application can be properly supported. This usually means early and
focussed pressure on disclosure where a possible abuse of process
application might be made. In order to persuade a court to stay an
indictment a defendant has to have the ammunition to support the
application. That means the lawyers have to be alive to the
possibilities that might arise in any case and think long-term; e.g.
early written, and properly justified, requests for material – when
months later the Crown have failed to comply then the ammunition is
starting to build up enabling the defence to submit that the defence are
trying their best but facing difficulties form the prosecution. In
other words if there is any hint of an abuse of process application then
it must be kept at the forefront of the defending mind from the very
outset.
Jonathan Lennon is a Barrister specialising in serious and
complex criminal defence case at 23 Essex Street Chambers in London. He
is a contributing author to Covert Human Intelligence Sources, (2008
Waterside Press) and has extensive experience in all aspects of the
Proceeds of Crime Act 2002.
Aziz Rahman is a
Solicitor- Advocate and Partner at the leading Criminal Defence firm
Rahman Ravelli Solicitors, specialising in Human Rights, Financial Crime
and Large Scale Conspiracies/Serious crime. Rahman Ravelli are members
of the Specialist Fraud Panel and have recently been ranked by Legal
500 as an 'excellent' firm with Aziz Rahman being described as 'first
class and very experienced'.
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Sunday, 27 October 2013
Wednesday, 23 October 2013
ADFA Skype sex scandal/ S 474 Crimes Act
Considering Daniel and Dylan received no jail time after being charged under S 474 of the crimes ACT I am wondering what sentence a judge would give me after also being charged also under S474 of the Crimes Act for exposing Systemic corrupt conduct and corruption by Public servants on the internet.
May God Bless the Australian Federal Police for trying their best to fuck me over!!!!!!!!!!!!!!
ADFA Skype sex scandal: Daniel McDonald, Dylan Deblaquiere avoid jail time
Updated
The two men at the centre of the Australian Defence Force Academy Skype scandal have avoided jail time.
Daniel
McDonald, 21, secretly filmed himself having sex with a female cadet
and streamed it live to Dylan Deblaquiere, 21, in a nearby dorm room at
ADFA in Canberra in 2011.Earlier this year a jury found the pair guilty of sending offensive material over the internet without consent.
McDonald was also found guilty of an act of indecency.
In sentencing today in the ACT Supreme Court, Acting Justice John Nield rejected jail time, taking into account the men's ages and prospects of rehabilitation.
"Is imprisonment the only appropriate sentence? I have given this question anxious thought. I have wavered between answering yes and no," he said.
Instead he handed McDonald two 12-month good behaviour bonds, to be served concurrently, and Deblaquiere a single 12-month good behaviour bond. He warned they will go to jail if they breach their orders.
"There has been much media attention to these offences and to the trial. General deterrence has been achieved," he said.
Acting Justice Nield noted that while the Skype transmission was non-violent, published only to a limited audience and was not recorded, it was a substantial violation of the victim's right to privacy.
"To engage in sexual activity in a private setting, one expects that sexual activity to be private. No one expects it to be transmitted to the world at large or even close friends," he said.
"[McDonald] acted intentionally and deliberately to degrade her. He broke his word, breached their friendship, exposed her to humiliation and ridicule. His offence falls above the middle of the range of offences of its kind."
While detailing the facts of the case, Acting Justice Nield noted the pair's actions were vulgar and they had not expressed remorse.
"Neither offender said anything to the complainant when what had happened became known to show regret or remorse for what they did," he said.
"Neither stood up in court after the complainant read her victim impact statement to say they regret what they did."
Sunday, 20 October 2013
21.10.2013/ AFP tries for another interview to set me up/ Nuckley Succar AFP
Today Nuckley Succar from the Australian Federal Police sent 2 AFP Officers to my work to ask me to participate in an interview so he could find out my side of the story.
I find this extremely bizarre as Nuckley Succar is required to serve papers on me tomorrow and could have asked me this himself.
Clearly I am now aware that it is the intention of Succar to protect both corruption and systemic corrupt conduct in Government Departments. I have on a number of occasions asked Succar to investigate my evidence.
Obviously when the Succar and 6 other AFP officers came to my home on the 29th May 2013and intimidated me in an attempt to protect systemic corrupt conduct and corruption by senior Management at AFSA or ITSA and the Commonwealth Ombudsman and the Australian Public Service Commission they failed to take into account my extensive evidence.
On the 3rd June 2013 they came to my work and took me to the loading dock were a woman from the AFP with a big blob of skin hanging from her lip tried to intimidate me once again and told me they could handcuff me an throw me in the cells.
Everyone is aware of the AFP failing to act in the Noteprinting Australia and the Reserve Bank and also failing to act on the bribery scandal of Leightons Holding effectively protecting corruption.
So then why would I agree to an interview with a person who has told me on a number of occasions that he intends to prosecute me for exposing conduct conduct and corruption on the internet.
Succar must be aware that it is in the public interest to expose this contrary to his intention to prosecute me for exposing it.
I would not wish to miss the opportunity were I am able to subpoena high level public servants to court and make them accountable for their behavior
Where politicians have failed to expose this and others have protected this conduct I intend to run this like a ROYAL Commission . Any Public Servant who is aware that they have protected corruption or are willingly part of the systemic corrupt conduct which is rife in the Australian Public Service is welcome to bring along their resignation to court and I will personally email it to the Prime Minister on their behalf.
Today Nuckley Succar from the Australian Federal Police sent 2 AFP Officers to my work to ask me to participate in an interview so he could find out my side of the story.
I find this extremely bizarre as Nuckley Succar is required to serve papers on me tomorrow and could have asked me this himself.
Clearly I am now aware that it is the intention of Succar to protect both corruption and systemic corrupt conduct in Government Departments. I have on a number of occasions asked Succar to investigate my evidence.
Obviously when the Succar and 6 other AFP officers came to my home on the 29th May 2013and intimidated me in an attempt to protect systemic corrupt conduct and corruption by senior Management at AFSA or ITSA and the Commonwealth Ombudsman and the Australian Public Service Commission they failed to take into account my extensive evidence.
On the 3rd June 2013 they came to my work and took me to the loading dock were a woman from the AFP with a big blob of skin hanging from her lip tried to intimidate me once again and told me they could handcuff me an throw me in the cells.
Everyone is aware of the AFP failing to act in the Noteprinting Australia and the Reserve Bank and also failing to act on the bribery scandal of Leightons Holding effectively protecting corruption.
So then why would I agree to an interview with a person who has told me on a number of occasions that he intends to prosecute me for exposing conduct conduct and corruption on the internet.
Succar must be aware that it is in the public interest to expose this contrary to his intention to prosecute me for exposing it.
I would not wish to miss the opportunity were I am able to subpoena high level public servants to court and make them accountable for their behavior
Where politicians have failed to expose this and others have protected this conduct I intend to run this like a ROYAL Commission . Any Public Servant who is aware that they have protected corruption or are willingly part of the systemic corrupt conduct which is rife in the Australian Public Service is welcome to bring along their resignation to court and I will personally email it to the Prime Minister on their behalf.
Thursday, 17 October 2013
Complaint to Law Society/ Matthew Osborne( AFSA) giving corrupt Legal advice.
It is clear that the Principal Legal Officer Matthew Osborne is aware he is providing corrupt Legal advice to AFSA or ITSA.
As with any other solicitor in Australia corrupt Legal advice warrants investigation.
However, at AFSA or ITSA corrupt conduct is so entrenched in this Government department, that it is clear that all senior staff in this department would be aware Matthew Osborne 's legal advice is corrupt and clearly false.
As with any solicitor or barrister giving such false advice there is clearly consequences.
As Matthew Osborne has proven himself to be of questionable ethics and therefore unfit to hold a legal position he is to be referred to the Law Society for participating in systemic corrupt conduct.
It is clear that the Principal Legal Officer Matthew Osborne is aware he is providing corrupt Legal advice to AFSA or ITSA.
As with any other solicitor in Australia corrupt Legal advice warrants investigation.
However, at AFSA or ITSA corrupt conduct is so entrenched in this Government department, that it is clear that all senior staff in this department would be aware Matthew Osborne 's legal advice is corrupt and clearly false.
As with any solicitor or barrister giving such false advice there is clearly consequences.
As Matthew Osborne has proven himself to be of questionable ethics and therefore unfit to hold a legal position he is to be referred to the Law Society for participating in systemic corrupt conduct.
Monday, 14 October 2013
Email from Victorian Office Gaming and Liquor Regulation/ Re Corrupt Adam Toma
From: fionabrown01@hotmail.com
To: steven.loh@vcglr.vic.gov.au
Subject: RE: Adam Toma
Date: Tue, 15 Oct 2013 13:52:45 +1100
From: fionabrown01@hotmail.com
To: steven.loh@vcglr.vic.gov.au
Subject: RE: Adam Toma
Date: Tue, 15 Oct 2013 13:52:45 +1100
Hi Steven,
You are failing to understand this matter.
Adam Toma was protecting Fraud at ITSA or AFSA which is a Commonwealth Government Agency.
The matter with the Australian Federal Police is a separate matter were I exposed him on the internet because the ITSA or AFSA ( Veronique Ingram) was trying to protect this practice
.
You will be aware Adam Toma was on ITSA or AFSA's Audit Committee which is a requirement under the Financial Management and Accountability Act. Part of the responsibility of this committee is compliance.
PART of Adam Toma's responsibility was not to protect fraud.
However Adam Toma was not able to protect fraud alone. He was part of a network were the Principal Legal Officer Matthew Osborne was giving corrupt Legal Advice to Bankruptcy Regulation to coverup systemic corrupt conduct at ITSA or AFSA or by private trustees.
Adam Toma held a responsibility as part of this committee to ensure the Bankruptcy Act was complied with.
Clearly , the Victorian Government or the Victorian people should have no public confidence in Adam Toma.
You will be aware by matters already raised by the media in recent weeks of the failed actions of the Federal Police in matters of corruption.
From my conversation with Nuckhley Succar ) who also goes by a variety of names, Nuckles or Nick it also appears that it his intention to protect corruption also.
As you will be aware I will be compiling this email into my file which will clearly demonstrate that this Victorian Government Department has been made aware that Adam Toma is corrupt though has failed to act.
Thanking you
Fiona Brown
To: fionabrown01@hotmail.com
Subject: Re: Adam Toma
From: steven.loh@vcglr.vic.gov.au
Date: Mon, 14 Oct 2013 18:05:56 +1100
Dear Ms Brown
Thank you for your email below.
I am aware that issues surrounding this matter are being dealt with by the Australian Federal Police (AFP) who, as required, will apprise the VCGLR of any developments.
Please contact the AFP's Federal Agent Nuckhley Succar (02) 9286 4274 if you have any questions.
Regards Steven Loh
Manager, Anti-Corruption and Integrity*
Victorian Commission for Gambling and Liquor Regulation
* Please note I do not work on Wednesdays
49 Elizabeth Street, Richmond, Victoria 3121
ph. 1300 1VCGLR (1300 182 457)
e. steven.loh@vcglr.vic.gov.au | www.vcglr.vic.gov.au
From: fiona brown <fionabrown01@hotmail.com>
To: "contact@vcglr.vic.gov.au" <contact@vcglr.vic.gov.au>
Date: 20/09/2013 06:51 PM
Subject: Adam Toma
To whom it may concern,
I understand you have recently employed Adam Toma to the Victorian Commission for Gambling and Liquor Regulation and he is now the director of Leasing and Approvals
From Adam Toma's application you will be aware that he was previously Enforcement Manager at ITSA or newly named AFSA. This Government Agency is responsible for administering the bankruptcy Act.
As National Enforcement Manager Adam Toma was involved in protecting fraud and serious corrupt conduct.
He claims he left ITSA or AFSA because I exposed his conduct on the internet. Clearly this is in the Public Interest.
Part of his responsibilities was to ensure Enforcement had an adequate Investigation policy . However Mr Toma failed to implement this.
Also part of his responsibilities was the Bankruptcy Regulation branch which had no investigation policy and had been given corrupt advice from Matthew Osborne Principal Legal Officer on how to protect fraud.
Therefore a large percentage of complaints sent to Bankruptcy Regulations were protected by a corrupt system which Adam Toma was clearly aware of.
He would have also been aware that statistics from Enforcement and Regulation that was compiled in ITSA or AFSA Annual Report clearly were false and did not reflect the state of decay in this Government department.
I understand that that the Victoria Commission for Gambling and Liquor Licenses undertakes compliance activities to prevent and detect breaches.
In light of the corrupt conduct of Adam Toma in his previous employment and the requirement that employees of your department he of the highest ethical standard Adam Toma should not have obtained employment in this sensitive area of the Law.
I recommend that you review Adam Toma's application and any references you may have received from Veronique Ingram or Matthew Osborne.
Thank You
Fiona Brown
The VCGLR is responsible for gambling and liquor licensing and undertakes compliance activities to prevent and detect breaches, while also informing and educating industry and the general public about regulatory practices and requirements. - See more at: http://www.vcglr.vic.gov.au/utility/about+us/about+the+vcglr/#sthash.csAeCWjS.dpuf
The VCGLR is responsible for gambling and liquor licensing and undertakes compliance activities to prevent and detect breaches, while also informing and educating industry and the general public about regulatory practices and requirements - See more at: http://www.vcglr.vic.gov.au/utility/about+us/about+the+vcglr/#sthash.csAeCWjS.dpuf
The VCGLR is responsible for gambling and liquor licensing and undertakes compliance activities to prevent and detect breaches, while also informing and educating industry and the general public about regulatory practices and requirements - See more at: http://www.vcglr.vic.gov.au/utility/about+us/about+the+vcglr/#sthash.csAeCWjS.dpuf
You are failing to understand this matter.
Adam Toma was protecting Fraud at ITSA or AFSA which is a Commonwealth Government Agency.
The matter with the Australian Federal Police is a separate matter were I exposed him on the internet because the ITSA or AFSA ( Veronique Ingram) was trying to protect this practice
.
You will be aware Adam Toma was on ITSA or AFSA's Audit Committee which is a requirement under the Financial Management and Accountability Act. Part of the responsibility of this committee is compliance.
PART of Adam Toma's responsibility was not to protect fraud.
However Adam Toma was not able to protect fraud alone. He was part of a network were the Principal Legal Officer Matthew Osborne was giving corrupt Legal Advice to Bankruptcy Regulation to coverup systemic corrupt conduct at ITSA or AFSA or by private trustees.
Adam Toma held a responsibility as part of this committee to ensure the Bankruptcy Act was complied with.
Clearly , the Victorian Government or the Victorian people should have no public confidence in Adam Toma.
You will be aware by matters already raised by the media in recent weeks of the failed actions of the Federal Police in matters of corruption.
From my conversation with Nuckhley Succar ) who also goes by a variety of names, Nuckles or Nick it also appears that it his intention to protect corruption also.
As you will be aware I will be compiling this email into my file which will clearly demonstrate that this Victorian Government Department has been made aware that Adam Toma is corrupt though has failed to act.
Thanking you
Fiona Brown
To: fionabrown01@hotmail.com
Subject: Re: Adam Toma
From: steven.loh@vcglr.vic.gov.au
Date: Mon, 14 Oct 2013 18:05:56 +1100
Dear Ms Brown
Thank you for your email below.
I am aware that issues surrounding this matter are being dealt with by the Australian Federal Police (AFP) who, as required, will apprise the VCGLR of any developments.
Please contact the AFP's Federal Agent Nuckhley Succar (02) 9286 4274 if you have any questions.
Regards Steven Loh
Manager, Anti-Corruption and Integrity*
Victorian Commission for Gambling and Liquor Regulation
* Please note I do not work on Wednesdays
49 Elizabeth Street, Richmond, Victoria 3121
ph. 1300 1VCGLR (1300 182 457)
e. steven.loh@vcglr.vic.gov.au | www.vcglr.vic.gov.au
From: fiona brown <fionabrown01@hotmail.com>
To: "contact@vcglr.vic.gov.au" <contact@vcglr.vic.gov.au>
Date: 20/09/2013 06:51 PM
Subject: Adam Toma
To whom it may concern,
I understand you have recently employed Adam Toma to the Victorian Commission for Gambling and Liquor Regulation and he is now the director of Leasing and Approvals
From Adam Toma's application you will be aware that he was previously Enforcement Manager at ITSA or newly named AFSA. This Government Agency is responsible for administering the bankruptcy Act.
As National Enforcement Manager Adam Toma was involved in protecting fraud and serious corrupt conduct.
He claims he left ITSA or AFSA because I exposed his conduct on the internet. Clearly this is in the Public Interest.
Part of his responsibilities was to ensure Enforcement had an adequate Investigation policy . However Mr Toma failed to implement this.
Also part of his responsibilities was the Bankruptcy Regulation branch which had no investigation policy and had been given corrupt advice from Matthew Osborne Principal Legal Officer on how to protect fraud.
Therefore a large percentage of complaints sent to Bankruptcy Regulations were protected by a corrupt system which Adam Toma was clearly aware of.
He would have also been aware that statistics from Enforcement and Regulation that was compiled in ITSA or AFSA Annual Report clearly were false and did not reflect the state of decay in this Government department.
I understand that that the Victoria Commission for Gambling and Liquor Licenses undertakes compliance activities to prevent and detect breaches.
In light of the corrupt conduct of Adam Toma in his previous employment and the requirement that employees of your department he of the highest ethical standard Adam Toma should not have obtained employment in this sensitive area of the Law.
I recommend that you review Adam Toma's application and any references you may have received from Veronique Ingram or Matthew Osborne.
Thank You
Fiona Brown
The VCGLR is responsible for gambling and liquor licensing and undertakes compliance activities to prevent and detect breaches, while also informing and educating industry and the general public about regulatory practices and requirements. - See more at: http://www.vcglr.vic.gov.au/utility/about+us/about+the+vcglr/#sthash.csAeCWjS.dpuf
The VCGLR is responsible for gambling and liquor licensing and undertakes compliance activities to prevent and detect breaches, while also informing and educating industry and the general public about regulatory practices and requirements - See more at: http://www.vcglr.vic.gov.au/utility/about+us/about+the+vcglr/#sthash.csAeCWjS.dpuf
The VCGLR is responsible for gambling and liquor licensing and undertakes compliance activities to prevent and detect breaches, while also informing and educating industry and the general public about regulatory practices and requirements - See more at: http://www.vcglr.vic.gov.au/utility/about+us/about+the+vcglr/#sthash.csAeCWjS.dpuf
================================================
ATTENTION: This email communication and any attachments contain information which is confidential, the copyright of the Victorian Commission for Gambling and Liquor Regulation and intended only for the addressee. If you are not the intended recipient of this communication and any attachments, you may not use, disclose, disseminate or copy them or any part of them. If you receive this communication in error, please delete the material from all computers, destroy all copies and contact the Commission by phone on 1300 1 VCGLR (1300 182 457) or the sender at the sender's email address.
Any views expressed in this communication and any attachments are those of the individual sender, except where the sender specifically states them to be the views of the Commission. This
communication and any attachments are believed to be free of viruses at the time they left the sender's computer. However, the sender and the Commission do not guarantee that the
communication and any attachments are free of computer viruses or other conditions which could damage or interfere with data, hardware or software with which they might be used.
ATTENTION: This email communication and any attachments contain information which is confidential, the copyright of the Victorian Commission for Gambling and Liquor Regulation and intended only for the addressee. If you are not the intended recipient of this communication and any attachments, you may not use, disclose, disseminate or copy them or any part of them. If you receive this communication in error, please delete the material from all computers, destroy all copies and contact the Commission by phone on 1300 1 VCGLR (1300 182 457) or the sender at the sender's email address.
Any views expressed in this communication and any attachments are those of the individual sender, except where the sender specifically states them to be the views of the Commission. This
communication and any attachments are believed to be free of viruses at the time they left the sender's computer. However, the sender and the Commission do not guarantee that the
communication and any attachments are free of computer viruses or other conditions which could damage or interfere with data, hardware or software with which they might be used.
This communication and any attachments are supplied on the express
condition that the intended recipient and any other persons who receive them
assume all risk of use and absolve
the sender and the Commission entirely of all responsibility for consequences of their use.
================================================
the sender and the Commission entirely of all responsibility for consequences of their use.
================================================
Friday, 11 October 2013
CRIMES ACT 1900 - SECT 316
Concealing serious indictable offence316 Concealing serious indictable offence
(1) If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.
(2) A person who solicits, accepts or agrees to accept any benefit for himself or herself or any other person in consideration for doing anything that would be an offence under subsection (1) is liable to imprisonment for 5 years.
(3) It is not an offence against subsection (2) merely to solicit, accept or agree to accept the making good of loss or injury caused by an offence or the making of reasonable compensation for that loss or injury.
(4) A prosecution for an offence against subsection (1) is not to be commenced against a person without the approval of the Attorney General if the knowledge or belief that an offence has been committed was formed or the information referred to in the subsection was obtained by the person in the course of practising or following a profession, calling or vocation prescribed by the regulations for the purposes of this subsection.
(5) The regulations may prescribe a profession, calling or vocation as referred to in subsection (4).
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Adam Toma/ Victoria Liquor and Gaming Regulation
Following is the email received from the office of the Victorian Liquor and Gaming Regulation after it was notified that Adam Toma who was appointed as a director in this government department is corrupt and protected fraud in his previous position as National Manager Enforcement and Regulation at the now Australian Financial Security Authority ( AFSA) previously known as ITSA.
This is an example how corruption and systemic corrupt conduct is transferred from one Government department to another.
Mr Toma was also on AFSA or ITSA's audit Committee which is responsible for not only financial audits but also COMPLIANCE REQUIREMENTS.
Following is the email received from the office of the Victorian Liquor and Gaming Regulation after it was notified that Adam Toma who was appointed as a director in this government department is corrupt and protected fraud in his previous position as National Manager Enforcement and Regulation at the now Australian Financial Security Authority ( AFSA) previously known as ITSA.
This is an example how corruption and systemic corrupt conduct is transferred from one Government department to another.
Mr Toma was also on AFSA or ITSA's audit Committee which is responsible for not only financial audits but also COMPLIANCE REQUIREMENTS.
Saturday, 5 October 2013
Adam Toma/Email from Victorian Premier/ Minister for Liquor and Gaming Regulation
Following is the Email received from Premier Dennis Napthines Parliamentary secretary.
I brought to the attention of the Victorian Premier that the Vicorian Liquor and Gaming Regulation had just appointed a corrupt Director.
Adam Toma previously was National Enforcement Manager at the"Insolvency and trustee Service Australia" or now renamed "Australian Financial Security Security Authority " were he corrupt and protected Fraud.
Currently he is being protected by the Australian Federal Police.
It will be interesting to see how the Minister for Liquor and Gaming Regulation will handle this matter.
Following is the Email received from Premier Dennis Napthines Parliamentary secretary.
I brought to the attention of the Victorian Premier that the Vicorian Liquor and Gaming Regulation had just appointed a corrupt Director.
Adam Toma previously was National Enforcement Manager at the"Insolvency and trustee Service Australia" or now renamed "Australian Financial Security Security Authority " were he corrupt and protected Fraud.
Currently he is being protected by the Australian Federal Police.
It will be interesting to see how the Minister for Liquor and Gaming Regulation will handle this matter.
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