I was in a position to attend today's hearing for Semi and have done this second blog for people that want to ask me questions. I can provide the following overview:
- Today's hearing (3 x criminal charges & AVO) was adjourned to Monday, 13 February 2017 for hearing.
- Neither Semi or the Police civilian witnesses were present to give evidence today.
- Last Friday the Police (the Officer in Charge) submitted an application at Parramatta Local Court to vacate today's hearing, but this application was rejected by the Magistrate, in addition to being opposed by Semi's Barrister. For an unknown reason the alleged victim and another unnamed person were not available to attend today's hearing (their reasons would have been discussed at last Friday's vacate Court application, but I was not present to hear what this was).
- Semi's Barrister (SC) handed up a letter to the Magistrate explaining Semi's reason for not attending today's hearing. In summary Semi returned to Fiji to aid his father who is suffering from pulmonary tuberculosis. No new evidence was provided to the Court to warrant this immediate departure from Australia from what has previously been provided to the Court.
- The Magistrate was very upset that Semi didn't attend Court today and did not accept the letter/the on going illness of Semi's father to be of a nature to warrant Semi's non attendance (in short the Magistrate was pissed for Semi not attending).
- The Magistrate has issued an Arrest Warrant for Semi which will lie in file at Parramatta Court until this Thursday. Therefore, Semi has been forced to provide further "compelling medical evidence" to justify his non attendance to Court prior to Thursday. If Semi cannot provide reasonable, justifiable reasons for his non attendance today, the Warrant will be issued and his bail revoked come this Thursday.
- This matter has been relisted to this Wednesday at Parramatta Local Court for Semi to file/submit new fresh medical evidence regarding his father to justify his non attendance. In essence Semi has 2 days to come up with a very good reason (medical reason) for his non attendance at Court. From what I could surmise if Semi doesn't get a letter from his father's Medical Practitioner in the next two days that the health of his father has deteriorated and his death was imminent Semi will have an Arrest Warrant issued this Thursday for his arrest.
- From what I could tell both the Police Officer in Charge and his off sider are both Detectives, not General Duties.
- For a somewhat simple matter involving only two witnesses the brief of evidence was overly large in size.
- The hearing had already been adjourned once (from last September) and will now go to hearing next February. No more adjournments will be granted by the Court.
- Ironically, Semi's Barrister opposed the Police adjournment last Friday and wanted to proceed to hearing today, but his client was a no show due to flying back to Fiji.
- There was a brief discussion from the Magistrate about a previous conference in Victoria with the parties but this was not elaborated on. If I had to guess the alleged victim is now living in Victoria? Unlike other States, the NSW Police don't negotiate/conciliate criminal matters so I don't know what the conference was for earlier this year in Victoria.
- Semi has a very experienced Senior Counsel (Barrister) and an assisting Solicitor. Semi's Barrister switches between being employed as a Crown Prosecutor for the DPP and as a Defence Barrister.
- If Semi has attended Court today the Magistrate (99.9% chance) would have dismissed the matter as the Prosecution witnesses were not present and ready to give evidence. Semi would have known that Friday's application by the Police to adjourn today's hearing was rejected and still did not attend.
- I don't know if Semi is playing ducks and drakes with the Court and or whether the Police witnesses have got cold feet and refuse to give evidence?
Replies
Thanks Dave.
Do you think there is any possibility that money is changing hands as we speak?
Just a thought?
Anything is possible. The conference in Victoria is a weird one and I have no idea what that was about. Unlike the USA, the legislation in NSW does not allow for financial compensation to the victim from the Defendant (to not give evidence), so if this does occur it could cause a legal minefield for the people involved.
maybe our dumb club paid her to shut up and now he is not even going to play with us lol.
The wheel keeps turning....
Thanks Dave.
Is this all ok as public knowledge?
Yes, its all fine for public knowledge and Dave would know, he is a judge and our resident legal expert.
This is nothing the press wouldn't report on if they had it and theres nothing sensitive i can see there.
I'm no longer a Police Officer and the information I provided was from me sitting in the back of the court (an open court to the public) and reciting what I remembered being said. I was the odd one out and I was sitting with a dozen Journalist making notes. Also there was a another dozen Journalist/photographers outside the court waiting to pounce on Semi if he attended.
I really appreciate what you've shared mate. For the fans who want to know, what you've shared is really valuable.
Sounds like it was clearly in Semis best interest to attend
Semi stuffed up in a big way not attending today as the Magistrate hinted he would have dismissed the matter.
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