CDPP formally drop criminal charges against journalist Shane Dowling in free speech case

Criminal charges against me for an email I sent as a journalist to all the NSW Supreme Court judges raising allegations of judicial paedophilia and bribery in September 2016 were formally dropped by the Commonwealth Director of Public Prosecutions (CDPP) on Wednesday (28-3-18) at the Downing Centre Local Court in Sydney. I can now reveal the extent of the beat-up charge with the dodgy witness statements that suggest backdated police statements, lies by those involved and a conspiracy to have me falsely charged.

It was a clear-cut case of a conspiracy to have someone falsely charged based on the prosecutions own evidence where the NSW Police were told by the Federal Police and CDPP in late 2016 / January 2017 that no crime had been committed yet the NSW Police eventually charged me anyhow under pressure from Chief Justice Tom Bathurst.

But their plan came unstuck when the police prosecutor was told by a Magistrate in the Sydney Local Court that the CDPP would have to take over matter and the Magistrate quoted a Supreme Court precedent ruling that federal laws that are indictable offences need to be prosecuted by the CDPP. That is the reason the charge was withdrawn as the CDPP could not go back on their original advice that no crime had been committed. 

Out of the 18 judicial officers that I named as being paedophiles and suspected paedophiles only one ever gave a police statement and that was the lowest ranking person in Registrar Rebel Kenna. Her police statement was dated 6 months after I sent the email and six months after the initial police complaint. So, what took them so long?

The withdrawal of the charge only leaves 2 possibilities and that is what I said in the email in 2016 is true or at least partly true or what I said in the email is political communication which invalidates all other laws as outlined in the 1997 High Court precedent Lange v ABC. Whatever the case the NSW Police who charged me and Chief Justice Tom Bathurst who pushed to have me charged knew that were breaking the law when I was charged as no crime had been committed.

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).

Background

I have written numerous emails to the court making allegations of judicial paedophilia and bribe taking and they never complained so why did the 6th of September 2016 email rattle them so much? A couple of examples of previous emails are:

26th November 2015 – I sent an email to Chief Justice Tom Bathurst and Attorney-General Gabrielle Upton regarding a criminal investigation that I was conducting relating to a judicial paedophile ring and bribery ring. The email was also sent to all judges of the NSW Supreme Court, AFP Commissioner Andrew Colvin and ICAC etc. (Click here to read the email) The email started:

Dear Chief Justice Tom Bathurst and Attorney-General Gabrielle Upton I am currently conducting a criminal investigation into the bribing of NSW judges and a judicial paedophile ring. The bribes have come from the Mafia, Kerry Stokes, Ryan Stokes and others. One known paedophile, Judge Garry Neilson, has received protection from the Judicial Commission of NSW which is headed up by you Mr Bathurst. (Click here to read the email)

19th August 2016 – I sent an email to Registrar Bradford letting him know that I would be publishing an article accusing him of taking bribes from Kerry Stokes. (Click here to read the email) (Click here to read the article)

The timeline of events as outlined in the witness statements.

The most interesting thing about the timeline and police statements is the fact that Chief Justice Tom Bathurst went police shopping to find someone who would charge me when he had obviously been told that the CDPP and Federal Police wouldn’t charge me because no crime had been committed.

6th September 2016 – Tuesday – 11.35pm – I sent email to NSW Supreme Court judges accusing 18 judicial officers of being paedophiles or suspected paedophiles and raising issues of bribery: The email started off:

“I am writing to you all regarding the list of paedophile judges that I intended on making a formal complaint about to the AFP, Australian Crime Commission, NSW Crime Commission and Royal Commission into Child Sexual Abuse. The list is below.”

“As we all know corruption in the NSW Courts is widespread and systemic. In July 2015 Fairfax Media and the ABC’s Four Corners program reported that NSW judges had been bribed $2.2 million by the Mafia which was confirmed by Justice David Davies in December 2015. Maybe you have evidence that the above judges have also benefited from the Mafia bribes or other bribes. If you have evidence of judicial bribery, please contact me ASAP.” (Click here to read more)

6th of September 2016 – (Source: Chris D’Aeth police statement) Registrar Rebel Kenna forwarded my email to Chris D’Aeth, CEO and Principle Registrar of the Supreme Court of NSW. This seems odd as I sent the email at 11.35pm so its hard to see Rebel Kenna checking her email that late at night and then forwarding it on. Maybe it just a mistake by Chris D’Aeth.

8th September 2016 – (Source: Chris D’Aeth police statement) Chris D’Aeth forwarded my email from the 6th September to Jillian Caldwell, Special Counsel for the Crown Solicitor asking for advice.

8th of September 2016 – (Source: Detective Kristijan Juric police statement paragraph 4) Detective Senior Sergeant Day handed a report from the NSW Crown Solicitors Office to Detective Kristijan Juric regarding an alleged telecommunications offence in relation to the email I sent.

Detective Kristijan Juric makes no mention of the CDPP who the matter was later sent to by Chris D’Aeth via his instruction to Jillian Caldwell. Detective Kristijan Juric also fails to mention the AFP which the CDPP forwarded the matter to.

Detective Juric’s statement jumps from a complaint on the 8th of September 2016 at paragraph 4 to paragraph 6 where he says:

“6. During my subsequent enquiries I contacted the Crown Solicitors Office of NSW to obtain contact details of persons named in the email and article. As result of these enquires on the 8th of March 2017, Rebel Kenna attended Sydney City Police Station and supplied a statement.”

So what did Detective Juric do from the 8th of September 2016 until the Kenna witness Statement on the 8th March 2017. Did he contact the 17 others on the list and why didn’t they give police statements? It makes no sense why a complaint was made to the CDPP and Federal Police only days after the complaint was handed to NSW Police Officer Detective Kristijan Juric.

What might make sense is if the complaint was made first to the NSW Police and they said it was a federal crime and needed to go to the CDPP or AFP. Then the CDPP and AFP made a decision that no crime had been committed and then the NSW Police were pressured into charging me because the CDPP and AFP refused to do so. But only one of the 18 named as paedophiles and suspected paedophiles, Rebel Kenna, would make a complaint. I think it is likely that Rebel Kenna was pressured to make a complaint.

During my arrest Detective Kristijan Juric said I could face other charges when they contact the others named in my email. Which means from the 8th of September 2016 until the 21st of June 2017 they had not contacted anyone else named in the email with the obvious question of why not.

9th September 2016 – I published an article titledPaedophile priest gets 3 months jail for raping 3 boys by NSW Supreme Court’s Justice Hoebenwhich included a copy of the email from the 6th of September.

9th of September 2016 – I was in court for a mention before Registrar Christopher Bradford. I asked Bradford to stand down given I had published on the internet that he is a suspected paedophile and known bribe taker which I recorded on video. Registrar Bradford refused to stand down. (Click here to watch the video)

20th September 2016 – (Source: Chris D’Aeth police statement) Chris D’Aeth receives an email with a 21 page document attached from Jillian Caldwell giving advice regarding the email.

21th September 2016 – (Source: Chris D’Aeth police statement) Chris D’Aeth discusses advice given by Jillian Caldwell with Chief Justice Tom Bathurst. After the discussion Chris D’Aeth sends Jillian Caldwell an email asking that the matter be sent to the CDPP for consideration

26th September 2016 – (Source: Chris D’Aeth police statement) Chris D’Aeth receives an email from Jillian Caldwell saying she had been emailed by the CDPP and they had referred the matter to the Australian Federal Police for further investigation. I never heard from the AFP or the CDPP.

2nd February 2017 – (Source: Chris D’Aeth police statement) Chris D’Aeth writes a witness statement for the NSW Police. The fact that the NSW Police were back involved must mean the AFP and the CDPP had refused to charge me with any crime.

3rd February 2017 – At court on Friday the 3rd of February 2017 I said something in court and was later charged and found guilty for contempt and for breaching suppression orders that were put on the matter. The contempt matter was heard on the 4th May 2017. I can’t say what for as there are suppression orders on it and one of my bail conditions while I wait for sentencing is that I cannot breach the suppression orders again.

8th March 2017 – (Source: Rebel Kenna police statement 8-3-17) Rebel Kenna makes a police statement.

4th May 2017 – The hearing for the contempt was held before Justice Helen Wilson. I was later ordered to serve all Attorney-Generals a Notice of a Constitutional Matter.

One of my key arguments was that I had emailed the court in September 2016 accusing 18 judicial officers of being paedophiles or suspected paedophiles and raised bribery allegations but none of them had complained and I had also published the email in an article in September 2016 and they hadn’t complained about that either.

21st June 2017 – I was charged by the NSW police for breaching telecommunications laws for the email that I sent in September 2016 to all the judges of the NSW Supreme Court asking questions and giving them an opportunity to respond to allegations which is nothing more than journalists do around the world every day of the week. The police executed a search warrant on my unit while I was at work and took my computer and the spare one I had which the police said they would give back in about 10 days which forced me to buy a new one. I went to the police station after work and was charged.

I thought the police charge was clearly related to me raising the fact that they had not complained about the email in court on the 4th of May during my defence for contempt. The police said that they had received a complaint from the Crown Solicitors Office which I remember as taking that they received a complaint from the CEO Leah Armstrong who at that stage had carriage of my case. Lea Armstrong stood down from having day-to-day carriage after the police charge.

The arresting police officer made a number of statements that seemed odd. He said that the area of law that I had been charged with was “unsettled”. In other words, he was unsure whether or not I should have been charged. The police fact sheet says I make “derogatory and defamatory comments about people on my website”. How would the police know? I have never been found guilty of defamation.

Conspiracy to have someone falsely charged:

CRIMES ACT 1914 – SECT 41

Conspiracy to bring false accusation

(1)  A person commits an offence if:

(a)  the person conspires with another person:

(i)  to charge any person falsely with an offence; or

(ii)  to cause any person to be falsely charged with an offence; and

(b)  the offence referred to in paragraph (a) is an offence against a law of:

(i)  the Commonwealth; or

(ii)  a Territory. (Click here to read more)

I was charged with “using a carriage service to menace, harass or cause offence,” which is a Commonwealth offence and is contained in section 474.17 the Criminal Code Act 1995. (Click here to read more)

The fact that the charge was withdrawn raises the obvious question of why I was charged in the first place. Only one complainant out of 18 when the police said they would be approaching the others. That in itself says I should not have been charged.

When looking at the facts of the matter it is easy to see why the AFP and the CDPP refused to charge me in the first place and why the CDPP withdrew the charge. Everything the NSW police did was dodgy.

The witness statements:

Detective Senior Constable Kristijan Juric (Click here to read his witness statement)

Why did Detective Kristijan Juric do nothing from the 8th September 2016 when he first received the complaint until March the 8th 2017 when he took a witness statement from Rebel Kenna? Why did he wait until the 21st June to raid my unit and arrest me especially given Rebel Kenna claims she was concerned for her safety after I sent the email on the 6th of September 2016?

Chris D’Aeth – CEO and Principle Registrar of the Supreme Court of NSW – (Click here to read his witness statement)

I wrote an article last year titled: “Chief Justice Tom Bathurst behind judicial paedophile and bribery cover-up evidence shows” which starts off:

Court evidence filed by NSW Police has the witness statement of NSW Supreme Court registrar Chris D’Aeth which shows Chief Justice Tom Bathurst has conspired with others since September 2016 trying to jail journalist Shane Dowling for making judicial paedophile and bribery allegations against 16 judges , including Bathurst, in an article he published in September 2016. The article is titled “Paedophile priest gets 3 months jail for raping 3 boys by NSW Supreme Court’s Justice Hoeben” and also part of the police’s brief of evidence. (Click here to read more)

Registrar Rebel Kenna – Prothonotary of the NSW Supreme Court  (Click here to read her witness statement)

The contempt that Rebel Kenna and the others have for the law is amazing when they are meant to be the ones enforcing it. The bail conditions that I had told a story in themselves. (Click here to see the bail conditions for the police charge)

Condition 4 was: “The defendant not assault, molest, harass, threaten or otherwise interfere with Rebel Kenna, or with a person with whom she has a domestic relationship”. I have never threatened her nor was I ever going to so that condition is a bad joke. I don’t know for sure, but I get the impression that is a standard type of bail condition when someone has made a complaint against you.

But Kenna’s affidavit doesn’t stack up especially at paragraphs 4, 7 and 8.

At paragraph 4 she says my conduct was so bad one day she had to have me removed by a court sheriff. What she doesn’t say it that is the day I complained I was assaulted by her and the court sheriff and if I was so bad why did she allow me back in the court and why didn’t she transfer matter to another registrar or duty judge as I requested?

At paragraph 7 Kenna says she was so scared that she has “amended how I travel to and from work in case Dowling is watching me” and that she checks the court lists to see if I have a matter listed so she can avoid going outside or near the court and “I have even taken my name off the electoral roll so that my residential address is more difficult to find“. What total dribble.

If Kenna was so worried about me why did she wait from when I sent the email on the 6th of September 2016 until the 8th of March 2017 to make a statement to the police? Why did the police wait from the 6/9/16 until the 21st June 2017 to charge me if Kenna was so worried about her safety? Why didn’t they contact me earlier an take out a restraining order of some type?

Rebel Kenna is a compulsive liar which her police statement shows. What Kenna might be worried about is if I saw her I might start asking her questions while recording it with my mobile phone which I have done many times before to others such as barrister Sandy Dawson and lawyer Richard Keegan etc. And then published it on the internet.

At paragraph 8 Kenna tries to make out I am stalking her. She says that she is aware that I have been sending emails to Jillian Caldwell seeking to find information about her. All I wanted to know is if Rebel Kenna is the Prothonotary and is she the one instructing the solicitors against me in the contempt charge because if she was it is highly inappropriate given the assault complaint I made against her.

One question for Kenna is also why did Chris D’Aeth make his police statement on the 2nd of February 2017 and Rebel Kenna made her police statement on the 8th of March 2017? Wouldn’t the complainant always make their police statement first? It’s more evidence to suggest they were trying to stitch me up. 

The same people who had me found guilty of contempt of court by Justice Helen Wilson for what I said in court on the 3 February and breaching suppression orders they put on the matter are the same people who have been trying to have me jailed since I sent the email to the court on the 6th of September 2016.

In the police charge that has been withdrawn the key players were Chief Justice Tom Bathurst, Rebel Kenna, Chris D’Aeth and NSW Crown Solicitor Lea Armstrong.

The contempt matter is called the “Prothonotary of the Supreme Court of NSW v Shane Dowling”. The Prothonotary is Rebel Kenna who was the complainant in the police matter. Chief Justice Bathurst was the key driver of the police charge and is the head of the Supreme Court which found me guilty of contempt. Lea Armstrong who oversaw the complaint to the police was personally handling the contempt matter until her role with the police was exposed after the police charged me in June 2017.

Police acting corruptly and as personal crime gang for the judges 

The police raided my unit and took my computers and then gave them to the Supreme Court who are now trying to give a copy of my computer to Kerry Stokes and Channel 7 which I am forced to fight. The police charge has been dropped but the fight is not over yet although they are on the run.

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11 Comments on “CDPP formally drop criminal charges against journalist Shane Dowling in free speech case”

  1. bevis April 2, 2018 at 9:51 am #

    Congrats Shane. don’t know how you do it. my brain is frazzled just by reading the above.

    Freedom reigns.

  2. Paul April 2, 2018 at 10:05 am #

    “Rebel” (great name…really take that seriously) sounds like she knows all the tricks of making stuff up that is only verifiable from a subjective point-of-view. It exists because she says it exists.

  3. Vasant Wagh April 2, 2018 at 10:33 am #

    The detailed timeline of events, statements of the people involved and the dropping of the charges says it all. It is like the people with power and authority joining hands to destroy one person with his limited resources and limited money power.

    What we need is a Royal Commission type powerful body to investigate the allegations of judicial and also Police corruption to get to the bottom of the possible collusion between the courts/tribunals and the police.

    What has happened in this particular matter could be happening all the time but never gets exposed because the ordinary people are losing trust with our democracy and have no capacity to fight for justice that hard.

    I hope if the conspiracy is proved the conspirators are brought to justice by those that are honest, moral and ethical so that we can have the confidence in the credibility of judicial processes and also in the conduct of police connected and involved in those judicial processes.

    The unfair treatment of people exposing alleged corruption and cover ups deserves national condemnation.

  4. Jonde April 2, 2018 at 11:14 am #

    Freedom Of Speech is ‘alive and well’, ‘set in stone’ in The Magna Carta which is on permanent display in Australia’s Parliament building.
    The judge who sentenced Shane acted illegally, therefore an offence against Shane was commited by a judge who has been placed in a position to enforce the law.
    This is a more serious offence than the norm, and it would be satisfying to many people to witness that judge being charged, sentenced and removed from his ‘plush’ bench…!!

    • Ann tulett April 2, 2018 at 6:20 pm #

      Well said. There is hope then that what is right prevails. Facts can’t be argued.

  5. Ann tulett April 2, 2018 at 6:25 pm #

    Are we living in Russia or Australia? – What a tangle of corruption an inconvenient truth exposes-Thank God someone has the substance to call it out.Fact.

    • Joe Zidar April 2, 2018 at 11:27 pm #

      Yes, great outcome 👍

      It is amazing how they can openly fabricate the facts, obtain what I would suspect are illegal search warrants which are purely intended to intimidate, drag you along for (6-8) months and then simply walk alway when its time to play ball.

      What a deplorable bunch of grubs, that continually try and destroy peoples lives to protect their own wrongdoings.

      It is absolutely disgraceful how certain paedophiles continue to be protected by those in high positions within the Judiciary.

      Again, well done, great victory!! Hopefully more people will start to realise that we all need to start pushing back and start standing up for our legal rights, rather than being BULLIED by these parasites..

  6. Jonde April 3, 2018 at 11:08 am #

    We have a huge, pathetic, corrupt legal system in Australia as witnessed by reading the copy of the case against Shane.
    A group of men, peeved because Shane publicly stated by honest means, the facts relating to that group of mens’ illegal and corrupt activities, the wasting of time and taxpayers money to forge ahead with a useless court case merely for revenge.
    It is a reckless move against honest Australians who expect law, order and punishment to isolate criminals from society instead of using it as a weapon against Shane who never acted in an illegal manner.

  7. Ned, April 3, 2018 at 10:39 pm #

    Well Mr Cleaver Green (AKA SD), seems that you have enough for half a dozen episodes in a new series of ‘Rake’,
    Perhaps Channel 7 will finance it and provide a few props……coated in honey.
    Roxborough should love the role.

  8. hoboturkey April 4, 2018 at 10:17 am #

    Most people never understand the emotionally charged state that naturally occurs when the law is used unless they fall into the legal netting.
    I can understand the emotions being extreme when the appalling notion of paedophilia is even mentioned. I imagine the horror of court connected officialdom feels when they might be on the wrong side of the legal netting, having had experience in keeping the quotas up to historical levels.
    At the ground root level of minor charges, the administrative practices in the small stuff are the compost for all practises in more serious matters.
    Minor charges can take weeks to be heard and it seems to be police practice to supply ‘statements of fact’ for defence purposes (affecting the decision to pay for a legal representative-failure of which is a guaranteed loss) at the last possible moment. Usually
    this guarantees a positive result and maintains the status quo by using the poorest memories of those involved.
    As silly as it sounds a ‘force” is not a ‘service’ and unconsciously this does a lot of damage to society. People confuse socially moral democracy with the legal system. A system fixed by parliamentary laws that are eliminating the common law of centuries and landing its agents with a lack of adaptation to circumstances. The governments have given us an ‘ús versus them’ monetised buearocracy.

    Good luck Shane. Its nice to see a win for someone with no money.

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