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outstanding matters so that my why I was not present and if indeed
IN OUR
O W N
W ORDS
MY JOURNEY INT O THE NIGHTMARE
O F F OR CED WITHDRA W ALS
FR OM PRESCRIPTION MEDICATION
IN POLICE CUST OD Y
I was arrested in East Malvern
by detectives from Boroondara
CIU on 11 November 2015, for
matters that themselves
resulted from circumstances
that raise serious questions about
inter-department communication
and integrity – especially post the
tragedy that former Australian of
the year Rosy Batty* suffered.
On 7 September 2015, after a
week or two of solid research,
negotiations, and work by both
lawyers for the Crown, VicPol
Prosecutions and my lawyers,
an amicable resolution of all my
outstanding matters was reached in
principle. The proposed resolution
required the use of a rarely used
provision of the Sentencing Act
that permitted matters in different
jurisdictions (Magistrates’ Court
and County Court) to be heard and
finalised in the jurisdiction of the
County Court.
The resolution was predicated
upon an agreement that included
the finalisation of ALL of my
20 W H A C K P. I E D I T I O N : S P R I N G 2 0 16
WHACK35_LYOT.indd 20
slate would be wiped clean, giving I was in custody, the Court issued
me the opportunity to go forward a warrant for my arrest for
with my life without the not attending in answer to the
summons.
uncertainty of pending matters.
This is the main reason that I Having accepted the resolution,
agreed to the resolution; yes, it I was sentenced on 7 September
would mean a guarantee that I 2015, to time served with a
would be released sooner than if I
had taken my matters to trial, but I suspended sentence, meaning I
was eligible for immediate release.
was quietly confident that I would Now before a prisoner is released
be found not guilty of the majority a comprehensive check is
of all charges I faced – and even if I
had been found guilty of some, any performed to make sure the
prisoner being released is that
penalty would nonetheless be time person and that they have no
served. However, as is the reality
outstanding matters or warrants.
Just over three months after
the Ringwood Magistrates’ Court
issued a warrant for my arrest
for not attending to answer
a summons (I was in custody so
could hardly have just caught the
train), this summons had still not
been put into the system and so I
WRITTEN B Y T OM was released with an outstanding
arrest warrant. This is the very
anomaly that caused an enormous
of our criminal justice system, the
outcry in the Rosy Batty
time you spend on remand often tragedy – her estranged husband
exceeds the length of any sentence had an outstanding arrest warrant,
imposed if one pleads guilty. but as it had not been uploaded
Accordingly, I made a forensic onto the system the police were
decision to obviate all the risks and
accept the proposed resolution as unable to apprehend and arrest
I believed it would finalise all my him, whic h may h ave
matters. prevented that tragedy. After this,
our bureaucrats came out in droves
However, this was not to be the to score political points, prom-
case. Earlier in 2015, while I was ising to inquire into how this had
on remand at the Metropolitan occurred and to update the system
Assessment Prison (“MAP”), a to ensure something like that never
summons to appear at Ringwood happened again. But like most
Magistrates’ Court was sent to political rhetoric, it was in-
me for an allegation involving a sincere and calculated for their own
purported dispute with a parking advancement, because months later
inspector. The date I had to appear the same thing was still happening.
for this summons was 4 June 2015; Just over a month after I was
however, a gaol order to facilitate released, approximately 10 October
my transport was not attached and 2015, I came home to find a police
the summons was not provided to calling card on my door, which
me, but rather placed into my I found out was in relation to
property. As a result, I had the warrant issued just over four
absolutely no knowledge of this months earlier, 4 June 2015, by
matter which meant I was not at Ringwood Magistrates’ Court.
the hearing on 4 June 2015. So, To say I was incredulous is a gross
instead of standing the matter understatement!
down for ten minutes to ascertain
11-Oct-16 4:25:19 PM