Wednesday, 4 December 2013

David wrongfully arrested

The whole day waiting around in fuckin court. Fuck!........

We are just so very very disgusted. What a fuckin bullshit day. I myself has spent 4 and a half hours in court today waiting for David's case to come up. It took longer as all the representation he had was the court appointed Legal Aid, which for some reason unknown to us mere mortals, have their time after the private solicitors. On and on it went. Boring case after boring case. Reschedule of court dates over and over. The magistrate looks like she's about 90 in the shade and uses huge chunks of time simply reading things from each case; one time she read for 20 minutes, I think she might have nodded off for a few seconds there on and off. The most exciting case was this shit scarred bloke, long history of violence, his legs shaking as she sentences him........ to two years good behaviour bond and community service. I think she did actually fall asleep in that decision.

I'd not seen David since 8am this morning when they came and arrested him. I couldn't see him at the cop shop where they took him. Then they took him to the local court with a jail attached, but I couldn't see him there either as it wasn't "set up" for visitors. At 4pm this afternoon I'd spent all day without any sort of communication or contact with him what so ever. I reflected on my protest to the police this morning that they can't take him away to the cop shop without him even knowing why. The fact that the cop rang the cop shop to find out, then told us, means it wasn't something top secret that shouldn't have been told. He told us himself. That shows that the police didn't need to do that, but simply that they were doing it because they can.

So I arrived to the court, after ringing the cop shop to find out WTF was going on, as they'd not told me that he'd gone there, I go straight out to the bus stop, haven't even showered or shaved, and thankfully the right bus comes first off. It meanders through the busy streets, finally I get to the court. I was almost in some sort of mild panic; like where the fuck is he? I walk into the court office without getting a number and nobody looks at me from behind the desk. Apparently I'm invisible. I go and pull a number out of the number puller outer machine. I look at the numbers and at the screen above. Nothing registers except that it'll be a few minutes. Suddenly it occurs to me to check the police station next to the court to see if he's there. I still can't understand that he's "in custody".

Get to the desk of the police station. Lady at a desk behind a barrier asks me what I need, I tell them David's name and ask is he here in the lockup? She starts to ring through to the lockup, but gets another call first. A workmate, where they discuss work shifts for what seems like forever. Another policewoman walks out from the depths of the station, looks at me and asks me if I was OK. I said yes, I dunno, I'm waiting to find out about David, and pointed to the lady on the phone. 

Eventually the got through to lockup, and said that yes he was there and no he'd not been into court yet. I still couldn't see him and they had his phone. Court was having their half hour morning tea, so I went back to the office. To my delight my number glowed on the screen and I walked hurriedly into the sacred court office area showing my number of approval. It took a bit of a discussion between the two behind the counter that David would be in court 2. I proceeded to court 2.

And waited. And waited...... In the end I went over and hassled the police prosecutor, the second time she hassled the legal aid guy, who made David come up sooner. I just wanted to get him out of there. This delay was ridiculous. 

Finally the call went out and they bought David in. From the lockup side door, and in a little cubicle. With two police as guards. He finally found me in the audience and I waved. Fuck he looked so sad and depressed. I just wanted to go over and hug him. This was the first time we'd seen each other since 8:30 this morning. It was now 4pm.

Long story short it was a viscous Apprehended Violence Order filed against David falsely. Because David has moved 4 times in two years, the snail mail never caught up with him. This was an AVO application lodged in June 2012. Last year. It's now Dec 2013. The guy who lodged it now lives in Queensland.

AVO's generally only go for 6-12 months I think. Any more than that I dunno if they exist but I guess they do, but they're rare. Correct me if I'm wrong. This is the kicker though: the arrest warrant from not turning up to the AVO application in June last year (that he didn't get notified of because of moving) didn't get issued until Sept this year.

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