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 titled “NSW Chief Magistrate Judge Graeme Henson protects his paedophile mate Chief Justice Tom Bathurst and 17 others” which 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 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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Categories: Chief Justice Tom Bathurst