Nowadays is the first anniversary of the day a Melbourne jury foreman declared my brother “Not Responsible”. It is a day to reflect on the long and painful journey he has survived since November 2002, when an ex- scout manufactured untrue allegations of rape. It really is a time to replicate on a collection of functions that no harmless Australian need to have to endure.
My brother was unaware of these allegations until finally two cars and trucks of armed police raided his residence looking for child pornography in September 2003. They observed none. The law enforcement failed to advise the courts of this raid. They created a circumstance on the basis of unreliable witness statements. They failed to evaluate the reliability of their key witnesses.
At a committal hearing in Sale in July 2004, a justice of the peace sent the case to trial. The very first mis-demo and the very first concluded demo had been held in Bairnsdale in April 2005. My brother was convicted on some costs. There was a hung jury on the remaining fees. Just after just about a yr in prison, the Melbourne Appellate Court judges unanimously overturned the verdicts and requested a new trial. The next completed demo took place in Morwell in April 2005. On the eve of the Anzac working day vacation, the jury foreman introduced “Responsible” verdicts to every of the rates. My brother was despatched to prison for a different year, ahead of the Melbourne Appellate court docket yet again unanimously overturned the verdicts and requested a new trial. The 2nd mis-demo transpired in Sale in November 2009. At the 3rd accomplished demo in Melbourne in 2010, the Melbourne jury acquitted my brother of all expenses arising from the ex-scout’s allegations.
The the vast majority of the critical expenses had been alleged to have happened at a scout camp held at Red Bluff close to Loch Sport on the Labour Day 7 days-conclusion of 1988. The ex-scout confirmed the dates by referring to his passport as he attended the camp soon right before leaving Australia for the very first time for a university journey to the US and Canada.
The ex-scout claimed the camp was attended by two scout leaders, 1 dad or mum assistant and 8 scouts. He alleged that my brother took him away from this group on three events, at the time on the Friday night, once on the Saturday evening and the moment on the Sunday evening, and raped him on each individual situation.
It is curious that neither of the other adults, nor any of the remaining 7 scouts noticed that two individuals had been lacking from the group on three independent instances. None of these people today observed that a scout was sore or distressed.
The only impartial proof offered to the courts was the certain, hand-composed, minute ebook of the area scout team. It recorded in numerous destinations that my brother would be leaving the scouting movement at the end of 1987. It stated the names of the scout leaders in 1988. My brother was not just one of the two leaders. Even with this objective evidence supporting my brother’s assert that he did not attend the 1988 Labour Day 7 days-conclude scout camp, he was convicted of raping the scout 3 moments at that camp.
The case is terrifying. Any human being can bring wrong allegations of rape against yet another other at any time. An innocent man or woman can be convicted and imprisoned. That harmless human being could be you.