The NSW Judiciary Is a Cesspool

She got off because she was “unlawfully body searched. Police did it wrong.”

The Daily Telegraph

A WOMAN accused of punching an officer and threatening to slit the throat of another during a counterterrorism raid has had the charges against her dismissed because police unlawfully body-searched her.

The 24-year-old, whose name is suppressed, pleaded not guilty to intimidating and assaulting police in the execution of their duty during the pre-dawn raid of her home last year.

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The woman leaves Parramatta Local Court after being found not guilty. Picture: Jonathan Ng
Woman held in police raid has charges dropped
A WOMAN accused of punching an officer and threatening to slit the throat of another during a counterterrorism raid has had the charges against her dismissed because police unlawfully body-searched her.–DAILY TELEGRAPH
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Another example here:
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No jail for rapists or terrorists… when did the Islamic State take over our legal system?
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Charges against Melbourne teenager Harun Causevic, accused of plotting an Anzac Day terrorist attack, will be dropped today, his lawyer says.

Causevic, 18, has been in custody since April, accused of being part of a plot to drive a car into a police officer, behead them, steal their weapon and launch a public attack at Anzac Day commemorations in Melbourne.

The 24-year-old, whose name is suppressed, pleaded not guilty to intimidating and assaulting police in the execution of their duty during the pre-dawn raid of her home last year.

She was accused of telling female police officer Sen-Constable Stacie Gwyn, who had confiscated her phone: “Don’t touch my phone, you’re a whore, you are Christian, you will burn in hell. You will be the first one in uniform to have your throat slit.”

She was then accused of punching Probationary Constable Shaun Temur in the nose when he tried to restrain her.

In Parramatta Local Court, Magistrate Margaret McGlynn said her threats to the female police officer was “religious vilification combined with threats of violence,” making it a “most serious offence.”

But she ruled police failed to make out the charges because the officers had, unknown to the them, conducted an unlawful search of the woman which meant they were not acting “in the execution of their duty”.

Ms McGlynn upheld the woman’s defence that she was unlawfully detained and searched because the counterterrorism warrant did not name her and therefore they had no authority to frisk her and she was not under lawful arrest.

The woman leaves Parramatta Local Court after being found not guilty. Picture: Jonathan Ng

She also found that Federal Police agent Scott Murphy did not know or suspect she had a phone under her burqa when he ordered the officers to search the woman, therefore also making the search unlawful.

Sen-Constable Gwyn and Probationary Constable Shaun Temur mistakenly believed the woman was under arrest and therefore it was a lawful search.

Ms McGlynn said although she found the alleged threats against Sen-Constable Gwyn “excessive”, she could not find her guilty of intimidating a police officer in the execution of her duty.

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Police also provided no back-up charges which excluded the phrase “execution of duty”.

Ms McGlynn said the law surrounding the arrest and search of people by police must be complied with “so that each member of the community is safe from an excessive invasion of their person”.

Her lawyers will make an application for NSW police to pay for cost of her defence.

2 thoughts on “The NSW Judiciary Is a Cesspool”

  1. Disgrace to see a woman in a niqab or burka in public in a western country.

    Not only anti social but a potential security risk.

    Plus what does it say about a woman’s role in an Islam.

    Australia should like France ban face covering in public.

    Why do courts in Australia allow a defendant to appear with her face covered ?

  2. I have just spotted the Religion of Peace’s Dhimwit of the Month for July (down LH side of the page > Resources > Dhimwit of the Month )

    Daniel Andrew (sic)
    July 2015

    http://www.thereligionofpeace.com/

    It is indeed a great honour for us here in Oz getting international recognition.

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