#1 Please donate to my legal fund
Posted: Sun Jan 21, 2007 12:08 am
UPDATE
In just under a months time, my trial will commence in the Victorian Supreme Court. My lawyers are very good, but they aren't cheap, even after they've given me a reasonable discount. Due to my position I have decided to start another drive for donations.
Most of you probably know the story, or parts of it at least. Over two-and-a-half years ago my father was found brutally murdered outside our front door. About a year-and-a-quarter ago I was charged with the murder of my father. This came as an unexpected and terrifying shock to me, as I loved my father and was totally flabbergasted at the accusation that I did this heinous crime. I would spend the next five months remanded into a state prison, isolated from society, kept from my friends and family, and trying to stay safe in a place I never in a million years thought I would ever end up in.
Six weeks into my incarceration, I (well, my lawyers actually) would receive my brief of evidence. This is a folder full of statements and other items. I don't know what the process is like in other countries, but here it seems that you can be charged with a crime (a serious crime, at that) and locked up for weeks before evidence is even presented to you. It would be months before this evidence is heard in a court. In any case, I was probably the last person to read the brief as it went through my lawyers, my family and friends before it reached me. There was nothing in it anyway. From other inmates I interacted with, I discovered that the average evidence brief for a crime of this magnitude is usually around a thousand pages long, sometimes many thousands of pages long. Mine was barely over three hundred. Is this significant? I've said it before, that this is a weak, circumstantial case at best. Even the prosecutor at my commital hearing admited that it was circumstantial. The size of the brief should suggest to you its volume of evidence.
So why wasn't this thrown out at the commital hearing? If it is a weak case, it should get thrown out and not go to trial, right? The magistrate certainly has this power under certain parametres, were it not for two things that rendered me speechless. While the magistrate has the power to not commit a case to stand trial, he usually doesn't because the DPP (Director of Public Prosecutions) has the power to disregard this and directly present a case to trial. This in fact happened a week prior to my commital proceedings - a case was heard, thrown out, and the DPP decided to present it to trial anyway. Shocked yet? Disgusted? The other thing is, that if a case gets thrown out, the prosecution is obligated to pay for the defendant's legal fees. Cynically, you might think this explains the former.
So why didn't I immediately get bail at least? Bail is a right, you are presumed innocent before proven guilty, yes? In practice, no. While I understand the prudence of keeping someone charged with a serious crime locked up, the fact of the matter is I had to wait five months before evidence was even heard in a court. Bail in my case requires 'exceptional circumstances' to be present in order to be approved. This is a nebulous term that isn't definitively stated in the Bail Act, so what ends up happening is the arguments for and against are put forward and it's up to a judge to say one way or another. Though he didn't toss this case out, the magistrate who presided over my commital hearing agreed that the case was weak and that exceptional circumstances were present - and so here I am.
So what makes the case weak? Before I shed a little light on this, try to understand that I can't talk about it in any great detail. Don't think that there is anything in my case that is damning - if there were, I wouldn't have gotten bail and I wouldn't be here. You just have to have faith that the following I say is true: this case is weak, full of hyperbole, hearsay, and character assassination. It relies on too many little things to support it, like a house of cards, and it's evidentiary and logical integrity is shockingly deficient. Something is wrong when 'proving the negative' is considered acceptable. There are other points too, which I've told friends in private.
I hope the above is enough to give you an indication of what has come before. The support I've received thus far from everybody I know has been exceptional and I'm truly grateful for that. I don't want to come across as needful, but I didn't update this with the call for more donations because things are hunky dory. The sad fact of the matter is, the prosecution has a large warchest that I could never even begin to match. They don't have to worry about resources; I do. I'm trying to get a loan to cover the legal costs but every little bit counts, particularly in paying off a loan that will put me in debt for years.
So I'm asking the board here and at Stardestroyer for help. Some of you have known me for years, a rare few of you have even met me personally and enjoyed my hospitality, and I yours, and I've interacted with a great many of you since I joined SDN back in 2003, and LibArc back in 2005. I'm sure you can all vouch for me.
It doesn't promise to be a lengthy trial, because there really isn't a tremendous volume of evidence. I hope to continue studying my Arts degree in Literature/Professional Writing, and to put this behind me. The last few years have been hard on my family and I, but we've managed to get through it and luck has to change eventually.
If any of you feel you can contribute to my legal fund, I would be enormously and eternally grateful. It is a hard thing to ask, which is one of the reasons why I've put this off for so long. I hope it's not a hard thing for you to give. My family and I would like to thank you for reading this.
-Chris.
This link will take you to the frontpage of LibriumArcana.com, where you'll find a link at the bottom that will take you to a paypal account set up for this.
Please donate to my legal fund.
In just under a months time, my trial will commence in the Victorian Supreme Court. My lawyers are very good, but they aren't cheap, even after they've given me a reasonable discount. Due to my position I have decided to start another drive for donations.
Most of you probably know the story, or parts of it at least. Over two-and-a-half years ago my father was found brutally murdered outside our front door. About a year-and-a-quarter ago I was charged with the murder of my father. This came as an unexpected and terrifying shock to me, as I loved my father and was totally flabbergasted at the accusation that I did this heinous crime. I would spend the next five months remanded into a state prison, isolated from society, kept from my friends and family, and trying to stay safe in a place I never in a million years thought I would ever end up in.
Six weeks into my incarceration, I (well, my lawyers actually) would receive my brief of evidence. This is a folder full of statements and other items. I don't know what the process is like in other countries, but here it seems that you can be charged with a crime (a serious crime, at that) and locked up for weeks before evidence is even presented to you. It would be months before this evidence is heard in a court. In any case, I was probably the last person to read the brief as it went through my lawyers, my family and friends before it reached me. There was nothing in it anyway. From other inmates I interacted with, I discovered that the average evidence brief for a crime of this magnitude is usually around a thousand pages long, sometimes many thousands of pages long. Mine was barely over three hundred. Is this significant? I've said it before, that this is a weak, circumstantial case at best. Even the prosecutor at my commital hearing admited that it was circumstantial. The size of the brief should suggest to you its volume of evidence.
So why wasn't this thrown out at the commital hearing? If it is a weak case, it should get thrown out and not go to trial, right? The magistrate certainly has this power under certain parametres, were it not for two things that rendered me speechless. While the magistrate has the power to not commit a case to stand trial, he usually doesn't because the DPP (Director of Public Prosecutions) has the power to disregard this and directly present a case to trial. This in fact happened a week prior to my commital proceedings - a case was heard, thrown out, and the DPP decided to present it to trial anyway. Shocked yet? Disgusted? The other thing is, that if a case gets thrown out, the prosecution is obligated to pay for the defendant's legal fees. Cynically, you might think this explains the former.
So why didn't I immediately get bail at least? Bail is a right, you are presumed innocent before proven guilty, yes? In practice, no. While I understand the prudence of keeping someone charged with a serious crime locked up, the fact of the matter is I had to wait five months before evidence was even heard in a court. Bail in my case requires 'exceptional circumstances' to be present in order to be approved. This is a nebulous term that isn't definitively stated in the Bail Act, so what ends up happening is the arguments for and against are put forward and it's up to a judge to say one way or another. Though he didn't toss this case out, the magistrate who presided over my commital hearing agreed that the case was weak and that exceptional circumstances were present - and so here I am.
So what makes the case weak? Before I shed a little light on this, try to understand that I can't talk about it in any great detail. Don't think that there is anything in my case that is damning - if there were, I wouldn't have gotten bail and I wouldn't be here. You just have to have faith that the following I say is true: this case is weak, full of hyperbole, hearsay, and character assassination. It relies on too many little things to support it, like a house of cards, and it's evidentiary and logical integrity is shockingly deficient. Something is wrong when 'proving the negative' is considered acceptable. There are other points too, which I've told friends in private.
I hope the above is enough to give you an indication of what has come before. The support I've received thus far from everybody I know has been exceptional and I'm truly grateful for that. I don't want to come across as needful, but I didn't update this with the call for more donations because things are hunky dory. The sad fact of the matter is, the prosecution has a large warchest that I could never even begin to match. They don't have to worry about resources; I do. I'm trying to get a loan to cover the legal costs but every little bit counts, particularly in paying off a loan that will put me in debt for years.
So I'm asking the board here and at Stardestroyer for help. Some of you have known me for years, a rare few of you have even met me personally and enjoyed my hospitality, and I yours, and I've interacted with a great many of you since I joined SDN back in 2003, and LibArc back in 2005. I'm sure you can all vouch for me.
It doesn't promise to be a lengthy trial, because there really isn't a tremendous volume of evidence. I hope to continue studying my Arts degree in Literature/Professional Writing, and to put this behind me. The last few years have been hard on my family and I, but we've managed to get through it and luck has to change eventually.
If any of you feel you can contribute to my legal fund, I would be enormously and eternally grateful. It is a hard thing to ask, which is one of the reasons why I've put this off for so long. I hope it's not a hard thing for you to give. My family and I would like to thank you for reading this.
-Chris.
This link will take you to the frontpage of LibriumArcana.com, where you'll find a link at the bottom that will take you to a paypal account set up for this.
Please donate to my legal fund.
