Advice on actions to take against police
Hi All,
In September last year I was hit by a car performing an illegal u-turn on Mt Nebo. While I was doing nothing wrong, and by the wording of section 328a, this counts as dangerous driving causing grievous bodily harm, the police have only charged the driver with performing an illegal u-turn. Something which i think is an absolute insult, as I sit here 4 months down the track still off work, with probably at least another 3-4 months before i'll be back at work.
So, I would like some advice or suggestions on possible courses of action (i've also asked this before). I am in the process of obtaining a copy of all documents relating to the investigation (through a RTI request). From the attitudes of police officers involved in the investigation (including the superintendent of traffic for the area), I get a very strong impression that they a) think that I, as a typical motorcyclist, was speeding, so probably got what i deserved, and b) think it was "just an accident", and that since there was no "intent" a more serious charge isn't warranted.
My current plan is to:
- analyse the police investigation data, identifying missing data, inconsistencies
- match evidence in the report to appropriate charges (dangerous driving causing grievous bodily harm, driving without due care and attention, etc)
- determine a list of "reasonable doubts" which are plausible based upon the evidence - i suspect that these will mostly come from incomplete data collection by the investigating officers (eg the distance from the corner the crash occurred was never recorded)
Then, via a ministerial and/or police ombudsman complaint, request to be provided with the following:
- a comprehensive explanation of why the particular charge was issued, and why dangerous driving etc were not, including comprehensive reasonable doubts which would prevent such a charge from sticking
- an independant review by the next level up of the conduct of all officers involved in the case, to ensure that all appropriate data was collected, rather than assumptions of blame, and the corresponding collection of evidence to support that assumption
- an independant review of the conduct of all officers involved to ensure no prejudice was present in the investigation
Some specific things I'm also looking for:
- can anyone provide actual examples of cases where inattentive drivers have been charged with dangerous driving or driving without due care and attention
- can anyone provide actual example of cases where a motorcyclist has been charged with dangerous driving or such, which might be useful as a example of "why does a motorcyclist get charged for this... when other drivers cause just as much harm and get off free... "
- what are appropriate charges for when a driver performs an illegal or otherwise dangerous maneuver that causes grievous bodily harm
- links to specific laws/legislation/acts that might be relevant (dangerous driving, driving without due care and attention, definition of grievous bodily harm, etc), or even a brief rundown of how the structure of the legislation (i'm an engineer, so i've made a bit of headway into understanding the legislation, but it is tricky)
Also, if there are any other things that might be useful for me, or other approaches (media?).
I feel that this whole situation is just another example of how motorcyclists are treated as second class citizens. A driver performs an illegal u-turn just after a blind corner, causing serious harm to a motorcyclist (I was not speeding - i was leading a netrider ride at a very sedate pace), yet they get off with a slap on the wrist. With the way the police have treated me, it demonstrates to me that the police don't have even the slightest interest in improving road safety unless it's to do with speeding.
Thanks,
Phil
In September last year I was hit by a car performing an illegal u-turn on Mt Nebo. While I was doing nothing wrong, and by the wording of section 328a, this counts as dangerous driving causing grievous bodily harm, the police have only charged the driver with performing an illegal u-turn. Something which i think is an absolute insult, as I sit here 4 months down the track still off work, with probably at least another 3-4 months before i'll be back at work.
So, I would like some advice or suggestions on possible courses of action (i've also asked this before). I am in the process of obtaining a copy of all documents relating to the investigation (through a RTI request). From the attitudes of police officers involved in the investigation (including the superintendent of traffic for the area), I get a very strong impression that they a) think that I, as a typical motorcyclist, was speeding, so probably got what i deserved, and b) think it was "just an accident", and that since there was no "intent" a more serious charge isn't warranted.
My current plan is to:
- analyse the police investigation data, identifying missing data, inconsistencies
- match evidence in the report to appropriate charges (dangerous driving causing grievous bodily harm, driving without due care and attention, etc)
- determine a list of "reasonable doubts" which are plausible based upon the evidence - i suspect that these will mostly come from incomplete data collection by the investigating officers (eg the distance from the corner the crash occurred was never recorded)
Then, via a ministerial and/or police ombudsman complaint, request to be provided with the following:
- a comprehensive explanation of why the particular charge was issued, and why dangerous driving etc were not, including comprehensive reasonable doubts which would prevent such a charge from sticking
- an independant review by the next level up of the conduct of all officers involved in the case, to ensure that all appropriate data was collected, rather than assumptions of blame, and the corresponding collection of evidence to support that assumption
- an independant review of the conduct of all officers involved to ensure no prejudice was present in the investigation
Some specific things I'm also looking for:
- can anyone provide actual examples of cases where inattentive drivers have been charged with dangerous driving or driving without due care and attention
- can anyone provide actual example of cases where a motorcyclist has been charged with dangerous driving or such, which might be useful as a example of "why does a motorcyclist get charged for this... when other drivers cause just as much harm and get off free... "
- what are appropriate charges for when a driver performs an illegal or otherwise dangerous maneuver that causes grievous bodily harm
- links to specific laws/legislation/acts that might be relevant (dangerous driving, driving without due care and attention, definition of grievous bodily harm, etc), or even a brief rundown of how the structure of the legislation (i'm an engineer, so i've made a bit of headway into understanding the legislation, but it is tricky)
Also, if there are any other things that might be useful for me, or other approaches (media?).
I feel that this whole situation is just another example of how motorcyclists are treated as second class citizens. A driver performs an illegal u-turn just after a blind corner, causing serious harm to a motorcyclist (I was not speeding - i was leading a netrider ride at a very sedate pace), yet they get off with a slap on the wrist. With the way the police have treated me, it demonstrates to me that the police don't have even the slightest interest in improving road safety unless it's to do with speeding.
Thanks,
Phil
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Merci, S'il vous plaît
Merci, S'il vous plaît