Re: Aggravated assault charge against Ema Corro

NT Magistrates Court, 6 December, 2002

Submission: Bias and Denial of Natural Justice

The paramount rules of natural justice are: (a) that the person affected must have a right to be heard before the decision is made and (b) that the decision maker must not be biased or appear to be biased.

Superintendent Hofer - NT Police
A coward and a thug

by Mick Lambe, 5 December, 2002

The bulk of this article/submission was written prior to being informed (2 December, 2002) by Sergeant Hocking, that NT Police had decided Superintendent Hofer has no case to answer, regarding his assault on Ema Corro in Parliament House.

Hocking was taking statements from the security guard who claims to have been assaulted by Ema, at the same time he (Hocking) was appearing in court as a Prosecution witness (31 October, 2002) in the court case where Ema's charge was increased to Aggravated Assault.

The decision to drop the complaint of assault against Hofer (which should have been Aggravated Assault) was made without interviewing a single witness, including Superintendent Hofer's victim.

The rise and rise of Bert Hofer

It has been interesting to watch the career of Bert Hofer advance despite these two assault charges hanging over his head. Mr Hofer has gone from an Acting Superintendent to Superintendent and occasional Acting Commander since the "Parliament Invasion".

Hofer's promotions demonstrate how little weight such serious criminal charges have been given by his superiors, despite credible testimony.

The approval of the members of the Legislative Assembly (both Labor and Liberal) regarding Hofer's brutality, explains this Police complacency, as does the aforementioned Police tactic of constant harassment, to complicate legal proceedings against Police.

The NT Police are perverting justice. As usual.

Superintendent Bert Hofer - FBI trained fingerprint expert

Just because you're an officer doesn't mean you can't
make yourself useful - well try at least.

'Spy' reports that Superintendent Bert Hofer was on a station at Ngukurr recently and ably assisted Sergeant Richard Cheal arrest an armed offender. He then had some personal experience of using PROMIS at remote locations by entering the job - and took the prints. 'Spy took particular note of the quality of the prints. hmmm. So that's why officers don't usually take prints!

Source:http://www.nt.gov.au/pfes/services/
corporate/publications/june97p1.pdf

Assault complaint lost and ignored

The initial complaints against Hofer were made at Darwin Police station, shortly after the "Parliamentary invasion". Ema's complaint included a statement by myself, in regard to Hofer kicking her in the back.

Twice (by letter and by telephone) Ema was requested to attend an interview at Darwin Police station to (ostensibly) answer questions about Gary's assault complaint against Hofer. However the interviewing officer Peter Paolucci (Professional Responsibilities Unit*) was more interested in Ema's complaint against Hofer, as the interview transcripts demonstrate clearly.

Paolucci acted aggressively, rising from his chair in an intimidatory manner* -- when Ema refused to continue talking about her complaint against Hofer -- which Police also claimed
(in both interviews) had been lost.

The Police deliberately omitted the fact that I was a witness during both interviews, because that would have been an admission that they actually had the complaint.

Police have used Gary's assault complaint against Hofer, to ask questions about Ema's complaint, in order to find some means of getting Hofer off the hook.

Police are less worried about Gary's complaint, the Ombudsman's Dept. claiming that grabbing hair is a legitimate tactic for NT Police.

The gist of the Ombudsman's report on this matter is simple.

Gary deserved to be grabbed by the hair and dragged down some steps because he sat in the Sacred White Chair of Power. Hence Gary's sacrilegious behaviour made any force appropriate.

ABC reporter Rebecca Morse was questioned in this manner (despite her not seeing Gary assaulted) in a clumsy attempt by NT Police to weaken her testimony. They spun Rebecca the line that Hofer was "pushing Ema out of the way with his foot".

Ms Morse refused to take this option to exonerate a Police officer with glaring personality deficiencies.

Once again, neither Rebecca Morse or any of the other witnesses to Hofer's assault -- against a young woman lying helplessly on the floor of the NT Parliament -- have been interviewed in relation to Ema's complaint.

Police 'find' complaint

After an ABC interview when Ema stated she had a photocopy of her complaint against Hofer -- Police suddenly found the complaint. It was then joined with Gary's complaint against Hofer by Police and presented to the NT Ombudsman without the consent of either Gary or Ema.

A delaying tactic by NT Police that merely highlights the collusion of the NT Ombudsman, Peter Boyce.

Boyce has been publicly criticized by NAP and PARIAH members on a number of occasions regarding his whitewashing of NT Police complaints.

____________________________________

Boyce stated he would not release the details of his investigation until after the trial.

Although Boyce was more than happy to exonerate Police who assaulted NAP and PARIAH members at the first Smoke-in prior to that court case.

A court case which saw NT Police drop all seven charges against Gary Meyerhoff and myself (NAP and PARIAH's coordinators respectively) who were the only people charged despite a number of arrests.

Note: Despite Boyce's claim that these reports would not be released prior to the matters being legally resolved, the NT Ombudsman has 'investigated' Gary's complaint against Hofer and unsurprisingly exonerated Hofer.

Not only has Ema's complaint been ignored by the Ombudsman, (despite supposedly being joined) her testimony in Gary's investigation has also been omitted from the report.

Yet Ema's name is included in the Ombudsman's report as a witness.

Denial of natural justice

It has been six months since Ema's complaint was laid against Hofer and yet Ema and the witnesses involved (including myself) have yet to be interviewed. Ema however, faces Court in a few days for allegedly assaulting a security guard during the "Parliamentary invasion".

Naturally complaints of assault by Ema and a NAP member against this Security guard and one other, have not been investigated at all.

Ema has not even been interviewed by Police regarding the assault charge against her.

It would be almost comical, if the NT Police were not being allowed by the Courts to get away with these textbook examples of how to deny natural justice.

NATURAL JUSTICE

"Natural justice is a common law concept.

It requires that decision makers give persons adversely affected by their decision a fair go before making that decision.

The requirement is implied into all legislation unless the legislation makes it clear that the rules of natural justice are to be excluded or modified.

The paramount rules of natural justice are: (a) that the person affected must have a right to be heard before the decision is made and (b) that the decision maker must not be biased or appear to be biased.

The rules go further: the obligation to extend the opportunity to be heard will involve ensuring that he is given the opportunity of ascertaining the relevant issues and being informed of the nature and content of the material which is being considered against him.

The law of Australia is can be found by referring to the case of Dixon -v- Commonwealth of Australia. (1981) 3 A.L.D. 289.

The Federal Court set out the position: It suffices, for present purposes, to say that it is established by decisions of the High Court of Australia that where a statute confers power upon a person to make such a decision, the rules of natural justice or the standards of fairness recognized at common law will prima facie be applicable. (supra at p294)

The implication of the obligation to observe the rules of natural justice in exercising statutory power involves implying, as a matter of construction, a qualification upon the power. The implication of such a qualification will ordinarily be made as a matter of course."

NT Police do not even bother interviewing the victims of NT Police brutality before deciding that there is no case to answer against NT Police. (Ema)

NT Police do not even bother interviewing the alleged perpetrator of an assault before deciding that there is a case to answer. (Ema)

Hofer attends victim's case

The Aggravated Assault charge is rubbish and was concocted to put pressure on Ema to drop her complaint against Hofer.

It says much about Hofer and the way that trials are conducted in the Northern Territory, that Hofer was present in Court when Ema's charge of Assault was upped to Aggravated Assault.

This was an unexpected and unique decision (the first time a charge against one of us has increased in severity) by the Police Prosecutor and obviously part of the campaign to have Hofer escape justice.

Ema's charge is the only instance of a NAP/PARIAH member being separated from their
codefendants despite approximately 120 charges.

This cynical move by the biased Police Prosecution* means that Ema is forced by the Court to have her charge dealt with separately. In other words alone.

Her codefendants are unable to support Ema or confer with her, as they are witnesses in the matter and unable to attend the hearing.

Our legal advice to Ema is to refuse to cooperate with this attempt to railroad her, until a decision on this submission has been made.

Which means not cross-examining the witnesses (security guards) who are biased and under the direction of NT Police who are refusing to investigate (and dismissing) assault charges against these selfsame security guards.

I complained about Hofer's presence in Court ("Parliamentary Invasion" case) and Ema stated she found Hofer's presence intimidatory. The Magistrate had little choice, but to expel Hofer from the Court.

Other Police officers remained in Court, (about 5) so that they could report to Hofer about the proceedings afterwards.

Such a senior Police Officer is well aware that he should not be in Court during a matter in which he will be asked to appear as a witness.

Hofer was publicly named as a witness in the "Parliamentary Invasion" and was obviously going to feature in Ema's case.

Hofer was in Court to collect information relating to complaints against him, to gloat about the escalation of Ema's charge and to intimidate a young woman he assaulted in the Northern Territory parliament.

*NT Police Prosecutor, Paul Francis Tudor-Stack is facing a complaint from myself regarding his bias. He told me I should "leave the Territory" when I complained to him about my treatment by NT Police.

This exchange occurred during an adjournment and was witnessed by NAP members and a court official who verified the substance of my complaint to the Magistrate, when I raised the matter immediately after Court had resumed.

The Parliamentary tape

The evidence that should exonerate Ema and show Hofer's face contorted with rage as he kicks a helpless young woman on the floor of Parliament -- The Parliamentary Hansard tape -- is not available to the Defense. Neither is my shouting at Hofer to stop his cowardly action.

The Parliamentary Hansard tape has been edited by NT Police to omit any images or audio, that prove our version of events.

The cuts -- and other alterations I have no intention of revealing at this time -- are evident.

The self-proclaimed "Head-kicker"

The 'Clare Martin/Denis Burke coalition government of the Northern Territory' is comprised of sick and arrogant individuals who consider us subhuman and themselves above the Law they claim to respect.

We will be pressing charges relating to the tampering of evidence (The Parliamentary Hansard tape) and pursuing our Contempt of Court complaint against NT Attorney General, Peter Toyne who epitomizes the sickness and arrogance I describe.

Mr Toyne claimed in the NT News that drug dealers call him the "Headkicker". A piece of self-promotion I have already commented on elsewhere.

Much of the harassment and noncooperation we have experienced can be tied to our public airing of the Contempt of Court complaint against Toyne. We have tried unsuccessfully on three occasions to have a submission regarding this matter accepted by the NT Courts.

The lack of interest by the NT Country Liberal Party in such a politically embarrassing situation for the ALP government, is to be expected given their close working relationship, or more accurately, their criminal collusion.

The second Police attack at Raintree Park

We were not surprised at the response by NT Police to our activities in Raintree Park at the sixth Smoke-in. (October 12, 2002)

We knew by then that Ema's complaint against Hofer was responsible for the questions from Police (and Police-friendly 'political activists') about her whereabouts and plans.

NT Police created this violent altercation for no other reason it seems, than to arrest Ema.

The 20 NT Police who attended the 7th Smoke-in at Raintree Park, when NAP members refused to use an alternate venue (Civic Park) would have been disappointed to see that Ema was not present.

Especially that anal-retentive Aryan, Superintendent Hofer, who was present in full uniformed regalia.

There were no arrests or "riots" that day.

__________________________________

The following is an extract from an article I wrote concerning the Police obsession with a person who had not been arrested at the first Smoke-in nor at the Tent Embassy despite being active in both events.

Police have only targeted Ema since she complained about Hofer's cowardly assault.

Extract -- 6th Smoke-in

"Police approached Ema, who was advised by the law-abiding Micky to give only her name and address, which she did.

When Ema had fulfilled her legal obligations, she began to walk away. Police officers rushed and seized Ema and tried to lock her in a Police van. There were no legal preliminaries.

Shocked onlookers called out to the crowd for assistance, which arrived quickly.

A struggle ensued to stop Police hurting Ema, who had her feet in the Police van and her head on the tarmac. Ema was unable to move, let alone struggle.

The action of the Police officer deliberately causing Ema pain, by twisting her feet, was unnecessary and sadistic. A number of people yelled at him to stop, as Ema was screaming every time he applied pressure.

Police later claimed that Ema had assaulted three Police officers. Yet none of the officers we'd spoken to earlier, expressed any interest in Ema or other activists. No Police were injured. Just their pride in their ability to harass Aboriginal people and political activists with impunity."

Ends

Ema's only crime has been to complain about Superintendent Hofer's brutality.

NT Police modus operandi

The use of a dodgy lawyer and the aforementioned 'Police-friendly' political activists to interfere in our legal matters and to dig for information, is classic Northern Territory Police modus operandi.

We even had one of these latter dogs, come to our NAP Christmas party and tell us what a great guy Bert Hofer is, as well as relating other nauseating compliments about the NT Police.

This long-term Darwin 'political activist' (We are stuck with a number of these State minions who are part of the incestuous political hierarchy in the NT) also told us to keep out of the campaign to support the East Timorese facing expulsion from Australia.

NT Police desperation

I have personally experienced similar campaigns to pervert justice by the NT Police who have less respect for the Law, than the most cynical anarchist.

The moral and ethical corruption of the NT Police force must be blamed on the top-down effect of successively corrupt government in the Northern Territory.

It is frightening to see just how far Police will go, to protect their mates from the Law they purport to enforce.

Their corrupt tactics -- whereby victims of Police harassment and brutality are punished through the use of the Law, by the NT Police -- are continuing under a Labor government.

So much for our efforts in ridding the Northern Territory of the racist and corrupt NT Country Liberal Party.

Witness Protection Act

The irony of Hofer being present in Parliament as an advisor for the Witness Protection Act, then mounting a campaign to harass witnesses in assault complaints against him, has not been lost on us.

The paramount rules of natural justice are: (a) that the person affected must have a right to be heard before the decision is made and (b) that the decision maker must not be biased or appear to be biased.

It is obvious (lack of parity and basic Police procedure) that Ema's complaints have not been given the same weight, as that, which she now faces in court alone.

She has every right to withdraw her cooperation...

... until these allegations of bias by NT Police are investigated.

...the Police who seized her illegally during the sixth Smoke-in are identified.

...the Police officer who brutally twisted her foot repeatedly at the sixth Smoke-in has been identified.

...crucial evidence (Parliamentary Hansard video tape) has been examined for tampering.

...the Assault complaints against the security guards have been dealt with independently.

...an independent investigation into the Assault complaints against Superintendent Hofer are initiated.

...the Ombudsman explains his role in this affair. His acceptance of complaints without the permission or participation of Complainants. His omission of Ema's complaint. His omission of Ema's evidence in Gary's complaint. His belief that sitting in a chair warrants violence by Police.

...Toyne is charged just as Denis Burke was, for Contempt of Court. PARITY. NT Attorney General Toyne's remarks are far more damaging to our cases than Burke's were to NAALAS.

________________________________________

These proceedings against PARIAH/NAP member Ema Corro are a travesty of justice.

Mick Lambe
Coordinator PARIAH
People Against Racism In Aboriginal Homelands (NT)

On behalf of the Defendant

6 December, 2002

Woman convicted of
Parliament assault

Australian legal history was made at Darwin Magistrates Court today when a woman was convicted of an assault which occurred in the chamber of the Northern Territory Parliament.

Emma Birkeland-Corro, 23, was found guilty of assaulting a security officer during an invasion of parliament by pro-drugs protesters in May.

The court heard Birkeland-Corro jumped on Aaron Wigmore's back from a table known as the Repository of the Mace.

Mr Wigmore, who was escorting another protester from the chamber at the time, injured his knee as he fell.

Magistrate David Loadman repeatedly asked Birkeland-Corro whether she wished to participate in today's hearing.

She refused each time but made a written submission.

http://www.napnt.org/pages/Superintendent-Hofer-NT-Police.htm

Mr Loadman said Birkeland-Corro's legal advice was so wanting it was "criminally stupid".

He found her guilty and advised her to reconsider her stance of non-cooperation but she remained defiant

Mr Loadman sentenced her to a fully suspended two-and-a-half year sentence.

The prosecutor told the court it was the first assault conviction arising from a parliamentary sitting.