Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

A gross miscarriage of justice

By Bernie Matthews - posted Monday, 7 May 2007


Barker gained Lindy Chamberlain’s conviction and she was jailed - only to have the conviction quashed after blood tests proved to be flawed. Nevertheless, Barker’s legal acumen was firmly established.

That legal acumen was employed to keep the charges against Power confined to the Magistrate’s Court where the maximum penalty that could be imposed for his guilty plea is two years imprisonment. If the charges had been elevated to District Court the penalty for Power’s guilty plea could been far more severe.

Another important legal tactic was to keep the court hearings out of the public arena by curtailing media access and public exposure. This tactic was accomplished by previous court hearings coinciding with public holidays - Melbourne Cup, Australia Day and Anzac Day - so the media would be occupied with other current and topical events as opposed to the stuffy confines of courtroom legalities. Power fronted magistrate's court prior to Melbourne Cup Day 2006. He pleaded guilty just prior to Australia Day holiday 2007. His last court date in magistrate's court was prior to Anzac Day.

Advertisement

But perhaps Ian Barker overstepped the mark at the recent pre-sentence hearing when he claimed Power was "a person of integrity" and a good man who had made an "outstanding contribution to society".

"This is an extremely sad case, we have a good man, a person of integrity, recognised by his friends, relatives and peers as a person of integrity, who is ruined by his own conduct," Barker told the court.

Barker said Power had always acted with complete propriety toward children and his "selfless work and generosity" should be remembered.

"In one sense the community is indebted to him and he is now entitled to call in the debt," he said.

Ian Barker then presented 59 references to the court vouching for Power's character and reputation and a further 17 references detailing his qualities as a crown prosecutor.

Barker told the court that Power suffered an Internet addiction and had long-term problems with depression. He said that his client has a serious mental condition and had been getting treatment for this condition since 1988. If these claims are correct then the NSW DPP have allowed a sexually dysfunctional Power to continue prosecuting cases for the past 19 years.

Advertisement

One of those cases he successfully prosecuted was that of Roseanne Catt in 1991 - a case in which pedophilia and the sexual exploitation of children was the cornerstone of her defence. A defence upheld by the NSW Court of Criminal Appeal 10 years later.

Roseanne Catt served 10 years on malicious trumped up charges prosecuted by a man who now faces a maximum of two years imprisonment for the pornographic and sexual exploitation of children. Somehow the scales of justice no longer tip equally in NSW.

Postscript: Roseanne Beckett, aka Roseanne Catt, whose convictions were overturned by the NSW Court of Criminal Appeal, the same convictions wrongfully and maliciously gained by Patrick Power when he acted as Senior NSW Prosecutor for the DPP, has been denied the legal right to make a Victim Impact Statement to the court during Power's sentencing. Who, apart from the child victims of Power, has a more valid legitimacy to make a Victim Impact Statement that a woman who was wrongfully imprisoned for 10 years because of Power?

  1. Pages:
  2. 1
  3. 2
  4. Page 3
  5. All



Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

40 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

Bernie Matthews is a convicted bank robber and prison escapee who has served time for armed robbery and prison escapes in NSW (1969-1980) and Queensland (1996-2000). He is now a journalist. He is the author of Intractable published by Pan Macmillan in November 2006.

Other articles by this Author

All articles by Bernie Matthews
Related Links
Resources and links for Roseanne Catt

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Photo of Bernie Matthews
Article Tools
Comment 40 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy