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Dragged through court,charges dropped.compensated?

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Needadvice99 View Drop Down
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  Quote Needadvice99 Quote  Post ReplyReply Direct Link To This Post Topic: Dragged through court,charges dropped.compensated?
    Posted: 26/December/2012 at 00:50
Hi all,

I need some clarification...
I was once charged under the drugs misuse act. I was dragged through court for 18 months+ and spent a fortune on solicitors.
My charges were dropped 2 days before Supreme Court. (Serious matter. I was being charged as I wouldn't talk of a friends actions.the officer threatened me with charges, charged me, then I Reported the officer to the CMC, which led to the dropping of charges against me,my friends were charged & found guilty.)

Can I claim for compensation? For court costs?

And if yes, how do I go about it.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 02:48
I doubt it. From what you have said your friend was guilty of something, but you refused to assist the police, which suggested you were involved, hence the charges against you.

If you had assisted the police, chances are that you would not have been charged with anything, and theretofore not put to expense of defending those charges.

In those circumstances I expect that any compensation is out of the question.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

googles View Drop Down
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  Quote googles Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 08:36
Strictly a non legal layman's opinion.

Appears as another case of the police taking advantage of their 'trusted' powers within the law for use against an off-side party.

But right or wrong it certainly appears that the system considers such as 'fair play', good luck.

Edited by googles - 26/December/2012 at 08:47

citizen181 View Drop Down
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 13:00
Lets not be to hasty in this matter. Everyone who is charged with an offence is entitled to run a defence of those charges. Their matter is independent, in essence, of any associated matter and if they are successful in defence of those charges or if the prosecution concedes the matter either by failing to offer a defence or withdrawing the charges then the defendant is entitled to seek their costs from the state.

Further, if the Police have run the matter or brought the charges with malice then a charge of malicious prosecution can be mounted against the police and compensation may be an outcome if successful. If the Police deliberately misrepresented or fabricated the charges then even more serious charges may arise.

Seeking costs is a normal matter and should be discussed with your legal team as their co-operation in listing the quantum to be recovered will be required, it is also in their interest to see the costs issue resolved. Thy will likely take the matter up directly with the prosecution and negotiate a settlement for ratification by the court.

Going further than seeking costs, is a serious matter and should only be considered if the grievance is significant such as damage to reputation or actual harm and you can expect it will be heavily defended, ergo more costs.

A corollary that should also be considered is that police and prosecution have gone a long way to seeking to minimise through legislation a defendants chances of recovering all of the monies they may have expended. The following, from a standard costs disclosure notice I have, will give you more infomation:

If the charges against you are dismissed or withdrawn we may make an application on your behalf that the prosecution pay your legal costs.

It is difficult to obtain an order for costs against the police or DPP. Section 214 of the Criminal Procedure Act states:

"Professional costs are not to be awarded in favour of an accused person in summary proceedings unless the court is satisfied as to any one or more of the following:

that the investigation into the alleged offence was conducted in an unreasonable or improper manner,

that the proceedings were initiated without reasonable cause or in bad faith or were conducted by the prosecutor in an improper manner,

that the prosecutor unreasonably failed to investigate (or to investigate properly) any relevant matter of which it was aware or ought reasonably to have been aware and which suggested either that the accused person might not be guilty or that,

for any other reason, the proceedings should not have been brought,

that, because of other exceptional circumstances relating to the conduct of the proceedings by the prosecutor, it is just and reasonable to award professional costs."

The court can also make an order for costs under the Costs in Criminal Cases Act.

Speak to your solicitor.

Needadvice99 View Drop Down
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  Quote Needadvice99 Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 14:34
Very interesting... My understanding was that, because I was charged under the drugs misuse act, NO court costs were recoverable.

My poor mother payed the bills, I want her reimbursed, if possible.

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 14:55

Hi Needadvice. Have taken the liberty of concealing your given name in case it was your true name. Not such a good idea in circumstances like this to reveal both the true identity AND the game-plan! The police are a very big firm with lots of resources and they are known to dislike even the most valid of criticisms like yours appears to be. In their defence they do cop plenty of unjustified hidings from some lowlife scum but your case looks (to me) like malice writ bold.

Agree entirely with Citizen181 - excellent research extracted above btw. From what little you (needadvice) have written it seems you were being coerced to "dog" on your friends or perhaps self-incriminate if that was relevant or applicable. But to bail out 2 days before a Supreme Court case on foot for 18 months can only mean they KNEW they'd not win against you.

Before rushing off to the lawyer again at $400+/hr, search a bit more about malicious prosecution, injurious falsehood & abuse of process. Tons on the net. Good luck!
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googles View Drop Down
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  Quote googles Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 15:24
Originally posted by citizen181


Further, if the Police have run the matter or brought the charges with malice then a charge of malicious prosecution can be mounted against the police and compensation may be an outcome if successful. If the Police deliberately misrepresented or fabricated the charges then even more serious charges may arise.


I was involved in a case were false reports were presented by the police (prior to court), and then later in court they produced the true reports etc. In the summary the judge referred to the police's 'conflict of interests', and said she did not want to call the police liars, but their evidence did not match the facts etc etc. The police in turn were effectively found guilty of what they accused me of. To me, the police misrepresentation was so blatant it was as if they where doing it with no fear or reprisal (I was a clean skin and it was not related to other criminal activity etc).

As a non legal lay person, I just wonder if what you say above is technical, or how likely would it be for charges be laid against the police in reality?. And who would be responsible with charging them. Other police?

Thanks kindly.

Edited by googles - 26/December/2012 at 15:27

Needadvice99 View Drop Down
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  Quote Needadvice99 Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 17:30
Thanks iconoclast.

They did try to coerce, my friend got in debt with a guy, pointed the finger at me for his debt while he was under federal surveillance.(cause I had money at the time)

The cops told me nothing about what he said... entered my house illegally saying a person of interest had just left..(surveillance guy)

My flat mate was the other person involved with the surveillance guy.

My flat mate signed a statement against the surveillance guy, and the police still charged me because I had cashed a compo payout to avoid paying tax, & found it in a safe in MY bedroom. With a smoking implement and some green.

I was forensically accounted, my $11350 left from a $22500 compo payout was impounded as proceeds of crime. My phone was impounded. I was charged as a group with my flat mate & the surveillance guy.

I was then given a copy of the police brief which told me what was said under surveillance, I wanted to beat the sh*t out of my so called friend!!!! They were selling hard stuff!!

After all was said & done, I couldn't be responsible for sending someone to jail.

It cost me nearly 18k in solicitors only to be dropped (against me only) 2 days before Supreme Court & I had already paid a barrister for the day( non refundable)

The officer in question has been investigated for falsifying information on a different case.

If the charges are dropped, is that a clear cut case of innocence?

If yes, why did my solicitor say I couldn't be paid back for legal fees?

I now won't have people in my life as I believe I can't trust anyone... Especially the law.


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  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 17:38
Ok and just playing devils advocate, an allegation has been made about drugs (hard drugs as you say) being sold from your property.

Police locate a large sum of cash (more than most would consider reasonable for having around the house), sounds like they have been invited in by your flatmate. Your friend by the sounds of it has made a statement to the police about your involvement in the sale of drugs.
Drugs and paraphernalia were located in your house with the large sum of cash (that you had cashed to avoid paying tax).

To me on the face of these facts it would seem that there would be prima facie evidence for the matter to be presented in court. Remember the police only have to establish a prima facie case, it is up to the judge at the end of the day to decide whether the evidence has been proven beyond reasonable doubt. Just because there is prima facie evidence does not mean someone is guilty.

BD Eye

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  Quote Needadvice99 Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 17:39
In addition to the above, I had to go back to work to help pay for costs, as my money had been impounded. A guy came & worked with me always hassling me to get him green, when I had told him what was going on. I had suspected him of being an undercover, reported him to the cmc too, because i thought it was entrapment to try & secure my money.

It was hands down the worst experience of my life. I think it was an abuse of justice.

Needadvice99 View Drop Down
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  Quote Needadvice99 Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 17:43
I gave them proof of my compo payout & that was taken as evidence. My mother gave them banking records, because she cashed my cheque into an account in her name & gave me a card in her name.

Still I was charged.

googles View Drop Down
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  Quote googles Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 17:46
Originally posted by Needadvice99



If yes, why did my solicitor say I couldn't be paid back for legal fees?



I was referred to solicitors that were apparently not afraid to take on the police.

I won (twice) and was awarded all costs in court.

However, when the cheque arrived I seemed to be short of funds so I questioned my solicitor. Eventually she told me that my barrister, as part of the settlement, paid the police a few thousand so the officer could save face within his department etc. My solicitor was quite aggressive and actually threatening about it.

You may read my other thread regarding police, to see what sort of feedback you can expect from some.


Needadvice99 View Drop Down
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  Quote Needadvice99 Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 17:52
I fully understand how it must of looked. My flat mate told them when they showed him the brief before me. "That's so far from the truth it's not funny" which led to him telling them all about it and signing a statement.

I was told back up my flat mates statement or we'll charge you as a group.

I was charged 3 weeks after my flat mate signed a statement saying he was buying & on selling for profit. This was the same time they took the letter outlining my compo.

At the time, because I hadn't seen the brief, I was baffled at how I was considered involved...

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  Quote Needadvice99 Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 17:58
Any names of solicitors that are in Queensland who would not be afraid of this would be greatly appreciated.

I just want to pay my mum back in full.

This happened in 2006/2007. I have nothing to hide on this matter. The ethical standards command came back suing there was not enough proof against the officer.

I still have issues in regards to the whole situation, but have tried to move on as best I can.

I just want the costs reimbursed to my mother.

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  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 18:26
I wasn't making asertions before when I was playing devils advocate, trust me I have had clients where it looked much worse.

To go forward with what you want to do is going to cost money? Is it worth it?

Solicitors would act for you in this, but as I pointed out earlier the actions could be seen to be reasonable. For a solicitor to be successful an independent investigation would need to be done on your behalf to give the solicitor the evidence they need. These costs can add up, and you have to weigh up whether the end result is worth it.
BD Eye

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  Quote Needadvice99 Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 19:01
Thanks bd,

Do you think it would be easier if I just went for costs?

Will it be as simple as...

Yes charges were dropped, there's how much I spent, now reimburse?

I'm not really after compensation, more so the 18k in solicitors fees.

The perps were both jailed. One for 7 the other for 3.5 suspended after 6 mths. They got their justice.

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  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 26/December/2012 at 19:06
That was more so my point, with costs you would need to present evidence as to why it is justified. If you were to do this for costs you would use the same investigation results for an exgratia payment (compensation without admission) from the Qld Govt, which would be on top of costs.
BD Eye

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