Big freedom of speech / political communication win with CDPP to drop criminal charges against journalist Shane Dowling

Trumped-up criminal charges of using a carriage service to menace, harass or cause offence, in relation to an email I sent in 2016 will be dropped against journalist Shane Dowling (me) the Commonwealth Director of Public Prosecutions (CDPP) has announced. This is a huge win for free speech and political communication.

The (CDPP) advised me on Wednesday (21/3/18) at 5.26pm that they will be withdrawing the criminal charges against me in relation to the email that I sent to the Supreme Court accusing judicial officers of being known paedophiles or suspected paedophiles and raising judicial bribery allegations. It was a trumped-up charge that police statements by court staff show was being driven by Chief Justice Tom Bathurst.

Bloggers are jailed around the world for standing up for freedom of speech which I personally experienced last year and the authorities were trying to line me up for more jail time with this beat-up charge.

The withdrawal of the charge is the conclusion to the article I posted a few days ago titledNSW Chief Magistrate Judge Graeme Henson protects his paedophile mate Chief Justice Tom Bathurst and 17 otherswhich related to the Local Court refusing my subpoenas for witnesses and documents and an application for an interstate Magistrate to hear the matter.

I wrote in the previous article:

The NSW police charged me in June 2017 for an email that I sent in September 2016 accusing 16 Judicial Officers and 2 Registrars of being known paedophiles or suspected paedophiles and raising the $2.2 million Mafia bribe of NSW judges.

The email in question shows up in an article I published last year titled Paedophile priest gets 3 months jail for raping 3 boys by NSW Supreme Court’s Justice Hoeben” and the article was also filed in court on the 4th of May as part of my defence. 

Late last year (2017) evidence came to hand via a police statement of CEO and Principle Registrar of the Supreme Court of NSW Chris D’Aeth that Chief Justice Tom Bathurst was the driving force to have me charged and jailed and I wrote an article titled: “Chief Justice Tom Bathurst behind judicial paedophile and bribery cover-up evidence shows” (Click here to read the article)

Legal Aid

Legal Aid did pay for lawyers to represent me but they did absolutely nothing so I went back to representing myself which ended up being the right move. But that’s a story in itself which I will cover another time.

Below is the letter that was emailed to me by the CDPP Wednesday afternoon.

The letter says the proceedings will be formally discontinued on Wednesday the 28th of March. You can read the Prosecution Policy of the Commonwealth by clicking here. How sending an email is part of the Illegal Imports and Exports and Human Exploitation and Border Protection is beyond me. The actual charge was breaching the Criminal Code Act 1995 section 474.17 — using a carriage service to menace, harass or cause offence.

If I had been found guilty every journalist in the country who has sent criminal allegations to people giving them an opportunity to respond before they published would have been in trouble. Giving someone an opportunity to respond before publishing is important for a defence in any possible defamation claims. (See Lange v ABC, High Court 1997)

An example would be Fairfax journalist Kate McClymont who has written about jailed former politician Eddie Obeid and helped put him in jail. In 2006 Eddie Obeid sued Fairfax and Kate McClymont for defamation and won. If Obeid could have charged McClymont for using a carriage service to menace, harass or cause offence he would have and if I had been convicted then criminals in the future would charge journalists.

Another example is the recent book by ABC journalist Louise Milligan, The Rise and Fall of Cardinal George Pell. The book makes claims that George Pell abused children which if true would mean he is a paedophile. Louise Milligan or her publishers would have sent the claims to George Pell first and given him the opportunity to respond otherwise they would leave themselves open to defamation claims. Once again if Pell could have charged Milligan for using a carriage service to menace, harass or cause offence he would have.

Free speech and political communication

The case against me was futile from the start and there are clear precedents that showed what I said in the email was political communication because I raised issues of government corrupt which is protected by the Australian constitution. (See Lange v ABC, High Court 1997)

How much taxpayers money was wasted and what will the repercussions be for those involved in the stitch-up?

Chief Justice Tom Bathurst is meant to be an expert in the law and he knew all along he was conspiring to have an innocent person charged and jailed. He has being trying to have me jailed since at least September 2016 and I have no doubt he was involved in having me jailed last year for 4 months.

The charges won’t be formally discontinued until Wednesday so not much will happen until after then. But I suspect there would be some worried people because I will be doing everything possible to make sure someone is held to account.

I have also been found guilty for contempt for something else I said in court in February 2017 and breaching suppression orders they put on it, but I cannot say much as there are bail conditions that mean if I breach the suppression orders again I’ll go back to jail. I am due to be sentenced on the 6th of April 2018 but that might change as I am trying to have the suppression orders reviewed first. Once again, I have no doubt that Chief Justice Bathurst is the driving force behind it.

The question that needs to be answered is how much of taxpayers money has been wasted by Chief Justice Tom Bathurst trying to stitch me up for jail time. The dodgy attempt to jail me has involved the NSW police investigation and raid on my unit, the Federal police, numerous Supreme Court staff, staff from the NSW Crown Solicitors Office and the Commonwealth Director of Public Prosecutions and the Local Court staff as well as Legal Aid people who represented me etc. The cost of Chief Justice Bathurst’s and the NSW Supreme Court’s “get Shane Dowling” obsession has cost taxpayers at least $200,000 would be my guess and the number is still climbing. And then there is the reputational damage which will only start to be felt now the charges are to be withdrawn.

It’s only a battle in the war but it is a good battle to have won. Everyone who has supported this website can take some credit for having the charges dismissed, so thanks for that.

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23 Comments on “Big freedom of speech / political communication win with CDPP to drop criminal charges against journalist Shane Dowling”

  1. Doc March 24, 2018 at 10:53 pm #

    It is no surprise when a human, a citizen of this country becomes a victim to the system, that we see the corruption in full swing.
    Some do and can fight back, like yourself Shane, others, the majority,like myself, have zero chance to see any form of a justice, we see no Human Rights, we see no fair Justice system at work in a democracy of this country.
    Even people in a profession that claims to help/support or assist,will just turn their backs on the victims of abuse by the state, more so when the said victim is in poverty.

  2. Vasant Wagh March 24, 2018 at 11:59 pm #

    Our country needs absolutely clean and honest judiciary, police forces, tribunals and the watchdogs. It will be very important to find out why the charges were considered in the first place only to be dropped later. What has happened between then and now?

    It appears that people are fed up of the injustices they see and experience all the time. Absolute honesty, integrity and values must be visible in every decision made in the courts and tribunals to maintain their credibility.

    If the money is wasted in this particular matter then those who knowingly engaged in the unjustified conduct must be brought to justice is my view.

    • Doc March 25, 2018 at 12:06 am #

      I even went to the triple c many years ago, all they did was protect those in the system and told me never to contact them again..
      I have enough evidence to indicate that corruption, yet no professional in the system, like lawyers, wants to touch it…

      • allan moore March 28, 2018 at 8:03 am #

        Hi Doc,
        Was that the ACCC?

      • Doc March 28, 2018 at 1:49 pm #

        Hi Allan.

        No.
        http://www.ccc.qld.gov.au/

  3. whimpone March 25, 2018 at 12:02 am #

    Just like being dragged before the PC Human Rights Commission, the punishment for the trumped up charges against you was ‘the process’.

    • Shane Dowling March 25, 2018 at 12:26 am #

      No, because the process backfired for them in a big way and has left them all exposed.

      • Joe Zidar March 25, 2018 at 1:09 am #

        One down, (2) to go 👍

        Exposing corruption is a SERIOUS risk to your financial position and health and safety.

        My learnings from the content of KCoA has saved me time and money.

        If everyone started EXPOSING corruption, that is, their own BATTLES, we would win the WAR. It’s no good keeping all the EVIDENCE locked up, put it out there.

        Vasant, what you state in my view is VERY possible. The work SD is doing is holding these corrupt PARASITES to Account.

        Like SD said in his article above, 9.5/10, Legal Aid is a complete waste of time if you are EXPOSING corruption 🤦‍♂️

        I am very confident that SD will set several PRECEDENTS in 2018.

        Keep up the GREAT work SD👍

  4. ohdeah March 25, 2018 at 5:59 am #

    Congratulations – keep up your excellent persistence and work

  5. allan moore March 25, 2018 at 8:27 am #

    Congrats SD, Joe’s idea is solid.

  6. thebro1 March 25, 2018 at 9:19 am #

    It would be very good for all Australians if you could get a interview on national TV about this matter.
    But we both know that the commercial tv stations and the ABC kowtow to their masters.
    What I see about this matter/decision is, they are ducking for cover hoping that is the end of it.

  7. Paul March 25, 2018 at 9:39 am #

    Sounds like the thought better of risking the glare of publicity that such charges could bring them.

  8. Captain Kremmen March 25, 2018 at 10:49 am #

    Congratulations on your win; it must be a relief not too have the possibility of more jail time hanging over you. However, I wonder if a greater justice may have been served had you got your day in court to expose these pedophiles on the record. Still there are obviously other ways you can achieve that. For mind, the decision to drop the charges is an admission of guilt. Keep after them Shane.
    All the best.

  9. helentastard March 25, 2018 at 11:23 am #

    Congratulations. At last we can hope for justice in the future. I wonder if the appointment of the new Attorney General had anyting to do with this.

  10. Gumleef March 25, 2018 at 1:21 pm #

    Been following you for ages SD. Fantastic work. And yes from first hand experience, all the corruption and cronyism DOES exist. These type of low life psychos would sell their own mother just to get ahead or protect themselves. And ive seen that first hand too.
    Keep it up, a lot of people acknowledge and support you.

    Thanks…

  11. Jonde March 25, 2018 at 2:10 pm #

    A positive reply from the corrupt ‘Big Brother’ Hall Of Injustice Shane proves that those who hold a Damocles sword over the heads of Australian citizens also have it over their own heads.
    A very harrowing experience and small step forward for you, a great leap forward for truth and justice to remain in place for everyone.
    Continued thanks for your great efforts Shane !

  12. Gordon Tindall March 25, 2018 at 8:45 pm #

    Congrats – you have won the battle but the war goes on – keep fighting. Obviously they have pulled out to avoid the dirty laundry (theirs) that would have been aired in a hearing – tells you something eh ???

  13. Debra March 25, 2018 at 9:52 pm #

    Thank you for staying true to yourself and for all Australians. Your fight for upholding truth and exposing the criminal acts in this country is commendable.

  14. unfairfairworktreatment March 26, 2018 at 9:17 am #

    A good day,there are not many of them when you are trying to cleanse the System.I agree with Doc on the 25/3-I too have offered evidence & film of wrong doing to the A.F.P.,Ombudsman,Press and Lawyers but the govt. blocks at every turn it can.No pro-Bono or assistance even when it is in the public interest.Truth will come out in the end-hopefully-so we just have to keep trying to bring to light unlawful.illegal & criminal activity within our public bodies!!.

  15. Congratulations! I admire your courage of conviction and determination… so desperately needed with the level of corruption that now abounds.

  16. Ned, March 26, 2018 at 10:10 pm #

    So where is our Kate Mc’ from the SMH on this?
    Oh: Obeid is the past distraction in the ‘pissant’s’ colosseum, move on, the lions are about to enter for the next act.

  17. Mark Emerson March 26, 2018 at 11:22 pm #

    Dutton might start his fight against pedophiles by targeting some of the ones you have openly ousted. I believe Dutton is investing millions of extra dollars in the fight against rock spiders, not that Bathurst & his sleazy pedophile mates would be concerned about it. Plenty of deep pockets filled with cash to bribe & weasel their way out of any serious investigation.

Trackbacks/Pingbacks

  1. CDPP formally drop criminal charges against journalist Shane Dowling in free speech case | Kangaroo Court of Australia - April 2, 2018

    […] In this article I’ll focus on the timeline of who knew what and when and some of the lies which raise many questions. This is a follow-up article to last weeks post (Click here to read). […]

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