Monday 18 May 2015

Subpoena arrived for both of us - psycho nephew court

It's sort of a bit exciting. I've never been subpoenaed before. We are both required to give evidence as psycho nephew Phillip (who bashed and stomped on David on new years) and/or his legal representation has decided to go to a hearing over it. 

A completely insane move in my opinion. In the realms of Abbott calling an early election. Psycho Phillip has no chance of winning this. Everything is against him, including his own blatherings at the police station upon arrest ("Everything you say may be taken down and used as evidence") like "I couldn't stop hitting him", "I thought I'd killed him". "Can I have an HIV test now?". 

There's also star witness me. I don't normally have a photographic memory but on this occasion it's stuck there in my head like it happened yesterday. Delaying the case for 6 months has done nothing to dim that memory. 

In short he's guilty guilty guilty.

Which is going to be a bit of a problem for him if he doesn't change his plea on the day and goes ahead with the hearing. Which may very well be on the cards as he's gotten the brief of evidence now with all that's in there from the police. Photos of David over a week or so, medical reports including from Sydney eye hospital. Statements from both of us detailing everything, including my brother (Phillip's father) asking David for a head job after I and Phillip had "passed out". Would have loved to have been a fly on the wall when he went through that brief. He's fucked.

If however he digs in and fights on, his problem is that he's plainly guilty and will be found as such. He'll lose the automatic 25% reduction in sentence for pleading guilty and will be facing the full force of the law; namely the NSW law that has in recent times be drastically changed to deal with drunken violence. For particularly bad violence (which David and I at least would consider this to be - it happened in our own home, David's eye was damaged, and his head stomped on when he was lying unconscious on the floor) there's now a mandatory minimum jail sentence of two years. Three years "in company", which I assume means he had someone else there with him; ie his father Kevin.

The court date is next month. 

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