From: fionabrown01@hotmail.com
To: stephen.grodzicki@cdpp.gov.au
Subject: Notice of Motion
Date: Thu, 21 Aug 2014 14:35:21 +1000
Dear Stephen,
I confirm I served a Notice of Motion and affidavit on the DPP today
I also confirm you said this matter was " complex" when we were last in court on the 6th August
so I refer to the further conduct of this matter.....
It is becoming abundantly clear that the proceedings cannot be maintained on the basis of the information before the court.
In addition, before the Magistrate the crown failed to apply the proper Tests as set out in the decision of Monis V the Queen , Coleman V Power and Brett David Starkey
In addition it appears from a procedural fairness prospective the Crown’s case must fail as none of the witnesses who have executed statements have been able to substantiate the matters that have been raised in their statements or to produce any evidence to underpin the statement of facts or allegations that they claim. In addition many of the allegations contained in the statements are hearsay and totally unsupported and given that none of the witnesses were allowed to be called it appears extraordinary that the court did not summarily dismiss the prosecution,
Accordingly I take this opportunity to withdraw the prosecution and consent to orders quashing the conviction
I await your consideration
Yours Sincerely
Fiona Brown
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