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We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. We guarantee you will be represented in court by a lawyer with years of criminal defence experience ensuring you receive the highest quality legal representation. The section says that anyone who attempts to mislead the court by fabricating false evidence, by making use of false evidence or my concealing, altering or destroying evidence faces a maximum of ten years imprisonment.
The section applies to civilians as well as police officers. Tampering with evidence can take many shapes and forms, and police have certainly been known to manufacture evidence in order to secure convictions. Thankfully, that practice became less common after laws were introduced generally requiring police to record interviews with suspects.
One unfortunate victim of police verballing was Christopher Duke. Duke was only 18 years old when police turned up at his Bathurst home, planted heroin in his wallet and verballed him, claiming that he admitted his guilt.
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On this evidence alone, the jury convicted him of supplying heroin and sentenced him to two years in prison. He served his time but, when released, struggled to find a job or to recover from the injustice of the ordeal. The true situation only came to light several years later during the Police Royal Commission when the officers admitted what they had done.
Several other instances of verballing by members of drug squ and others police units were also revealed.
A case that is currently going through the US courts has re-ignited debate about whether there is a systemic problem with police fabricating evidence to secure convictions. Fawaz has launched legal action in a US Federal Court after allegedly catching a police officer, Sergeant McKay, planting incriminating evidence in his workshop.
Fawaz came Michigan police attention after unknowingly purchasing stolen metal wire. He cooperated with police after becoming aware that the wire was stolen, and then helped police with more than 20 prosecutions. But he claims that since that time, officer McKay has developed a personal vendetta against him, making a concerted effort to damage his business by issuing parking tickets to his customers, towing away their cars and confiscating business equipment.
The ongoing saga reached a climax when, according to Fawaz, the officer planted wire on his premises during a search of the premises. When the officer triumphantly produces the wire to Fawaz, he is visibly surprised — before checking the surveillance tapes. After viewing the footage, Fawaz launched legal action in the Federal Court seeking a restraining order against officer McKay. He claims Detroit he never had a problem with authority until McKay ed the force and asserts that the CCTV footage clearly shows McKay planting the wire in an attempt to frame him. Concerns regarding police manufacturing cases have been re-ignited here too, after the Senate passed laws requiring Internet Service Providers chatswood retain 2-years of subscriber data and to make it available to 13 law enforcement agencies without them having to appointment a warrant.
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Ugur Nedim is an Accredited Criminal Law Specialist with over 20 years of experience as a criminal defence lawyer. Going to Court? Book Your Free First Appointment. Book a Lawyer. Fixed Fees We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. Specialist Lawyer Guarantee We guarantee you will be represented in court by a lawyer with years of criminal defence experience ensuring you receive the highest quality legal representation.
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