Innocent man jailed as a pedophile in Western Australia

Crooked prosecutor hid vital evidence

A MAN labelled an incestuous pedophile and locked up for a crime he did not commit has told of his betrayal by the justice system. The Victorian man - "AJ" - was jailed for 19 months after the prosecution shelved vital evidence that could have cleared his name.

Breaking his silence for the first time the wronged inmate has described how he was stuck behind bars as his beloved mother passed away.

"I'll never ever get over this. I go to my mate's place and even though my mate knows me, he's known me all my life, I will not be in a room without a witness next to me," AJ told the Sunday Herald Sun. "I won't even go into the house unless I know my mate's going to be there 'cos he's got the kids. "I don't want this stigma, I don't want this. I stay home now. I don't go out. I might drive to the shops but I don't want to see anyone."

AJ said the battle to clear his name kept him going while behind bars and had he not been vindicated, he would have killed himself rather than be publicly regarded as a pedophile. "In jail I had to prove it. And it came out in the end, thank God for my defence team."

AJ was released from jail a fortnight ago after an extraordinary ruling by the Supreme Court's Court of Appeal quashed his sex assault conviction. In that ruling, the court criticised prosecuting barrister Carolyn Burnside, wife of ex-Attorney-General Rob Hulls, for not revealing what she knew about AJ's accuser. "There was a miscarriage of justice caused by the Crown's failure to disclose information in its possession which cast doubt on the credibility of the complainant," the court found.

AJ was accused of sexual assault by his daughter to a former partner with the offence alleged to have occurred in late 2005. He believes his ex-partner - the girl's mother - set him up out of revenge because he had told police about a crime she had planned.

AJ said he was arrested after arranging to go into the police station to be questioned on a car theft charge and driving offences. "So I caught the bus to the cop shop and they locked me up for a rape charge. "They said, 'you're going to jail for molesting your daughter, raping your daughter'.

"I went inside when I had just found out my mum was sick with cancer and she had 18 months to live."

A text message sent by the girl to the father's new girlfriend said: "Can you tell Dad that I didn't mean for this to happen. As it never happened. Mum is making me do this. Can you tell Dad I'm so sorry."

But the jury in AJ's trial didn't hear the wording of the apologetic text message, which the girl denied sending.

Prosecutor Ms Burnside also did not tell the court or AJ's defence lawyers that the girl had previously made similar accusations against a neighbour that were not believed.

Ms Burnside was also the prosecutor in the 2008 case in which the girl's claims resulted in her neighbour being convicted of three sex assault charges - that man is now seeking leave to appeal his convictions. Both the defence and Ms Burnside believed the girl lied under oath in that case when she denied sending pornographic messages to the accused neighbour.

The Supreme Court said Ms Burnside's failure to share the relevant information in AJ's trial "constituted a significant and most regrettable breach of her duty as a prosecutor".

But the breach emerged only when AJ's lawyers, preparing an appeal, were sent new materials by another prosecution lawyer assigned to the case. AJ had no idea the daughter had made claims against another man and is still angry with Ms Burnside for not being more open about her witness's prior claims.

"It's really wrong. She knew that. She sat there and knew that and just put me in jail," AJ said. "She should not be there. If I make a mistake I pay for it. If she makes a mistake, continues to make mistakes, is that fair? They wonder why I'm angry and throwing my hands in the air."

Melbourne's legal precinct is closed for Christmas-New Year and Ms Burnside could not be reached by her legal clerk for a comment.

In November 2009, AJ was convicted of committing an indecent act with a child and was sentenced to 20 months' jail - with another five months for the car and driving offences. "I was horrified, suicidal. I thought, 'I can't go to jail for this crime. I'm not wearing this crime'. I'd never even dream of being in that situation," AJ said.

AJ was told to sign the sex offenders' register but, with hands shaking, he refused stating: "I'm not signing that. I'm innocent."

He served nearly the full 20-month term in the company of other sex offenders before the truth emerged. "It makes me sick to my guts to be breathing the same air (as pedophiles)," AJ said. Not only was AJ unable to assist his mother in her dying months, he was also locked up during her funeral. "It's hard to explain how I felt, but - lost. I was her baby," AJ said.

AJ said when he learnt his prosecutor was the wife of then Attorney-General Rob Hulls, he felt like a pawn in someone else's game. "I'm a goose, mate - just a crim, mate. They would have thought, 'he's nothing'," AJ said, adding his daughter had tried to tell police he was innocent but was told to go away after the police informant on the case contacted the mother.

AJ, who admits to serving time for property crimes including armed robbery before "getting square", feels police did not take his protestations of innocence seriously because of his lengthy criminal record. "I've always put my hand up if it's something I've done. I've never wasted the court's time or money. "I'm an armed robber. But I don't molest children. I'm a man of honour. The people that know me know this."

In another cruel twist, AJ's mother died shortly before the truth emerged, his conviction was quashed and he was released.

AJ's son by a new relationship is also being kept away from him because of the unfair reputation he has been given. "Now it's all tarnished. It's not the same no more. I walk around in circles. I don't know what to do," he said.

The Supreme Court judges said the DPP would have to decide whether, in all the circumstances, the girl's father should be retried, having regard to the doubts about her credibility and the period he had already spent in prison.

Original report here




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