38 – Vic. Fake police unlawful arrest

Remember as you watch and read – these armed and uniformed individuals are not “police” they are security guards employed by a private company named the Victorian Police ABN 63 446 481 493 registered in Washington –  no lawful jurisdiction.

AFFIDAVIT OF – John of the family name Doe

OCCURRENCES and CIRCUMSTANCES:

On Sunday the 8 of July at approximately 4 pm in the afternoon, my partner, myself and my 3 year old son were walking around the outside of the Melbourne Cricket Grounds (MCG) on a footpath. We were making our way home via the Richmond train station.  We were all walking in a quiet, peaceful and sober state.
We were then approached, head on by three police officers who, wanted to engage with myself and ask questions.  I peacefully declined the offer and wised to proceed peacefully to the train station without any further joinder or discussion.

What followed was the most appalling and unconscionable actions I have ever experienced.  At times there were no fewer than 12 police and two mounted police on horseback who all impeded our peaceful endeavours to go home.

An assembly of police officers soon gathers were making demands of me which I did not consent to not consent to nor wish to comply with.

At all times during the integration was my family was completely surrounded by police.  The two police horses were stomping about and ridden in a manner that was deliberately intended to block our movements.  My partner was becoming very upset due to the presence and close proximity of the two horses stomping about us These beasts are of course huge animals of immense size and power and could easily see a 3 year old boy crushed to death, let alone an adult man.

The police officers themselves were stepping in front of me and my family who were beside me at all times. They were not allowing us to leave the scene.  To be honest we were scared and nervous.  When I asked why  I was not able to leave they said because I had not identified myself.  I asked why was I being detained (arrested) they said because I needed to identify myself. So only while under duress and against my will did I give both my known name and birth names including the address where I currently reside.

At this time the Police officers then requested that I now had to show them proof of ID which I did not consent to, nor comply.  No fewer than four separate police officers demanded this from me. I was then told that if I did not give proof of ID I would be placed under arrest and taken away.  I was shocked with this notion as I know I had done nothing to warrant such an action. I asked the officers to clarify their position and they repeated that if I did not show proof of ID then I would be placed under arrest and taken away.

I questioned the police as to why I would be placed under arrest, and the answers varied depending on the police officer, the reasons ranged from, not giving ID, not showing proof of ID, Assault, and creating a disturbance, to making racial slurs and being in breach of SECT 84 .  Yet no evidence or proof was offered.  Nor was there any claim or complaint or claim made of me by any man or women.  In fact I had not at any stage been asked to leave the area by any authorised person and I was prior, to the police confronting me,  making my own way home, with my family on my own accord.

Shortly police were coming from everywhere and I could not even count how many there were but videos evidence shows no fewer than 15 officers a, two of whom were on horseback. There was also a multitude of security guards.  It was in full view of the general public and was making quite a scene.

I was now being question by a multitude of Police all at once.  This one particular Police officer Senior Sergeant Rhonda Brown – 29125, said that if I did not provide proof of ID I would be arrested and taken to the station.  When I asked her why I was being arrested she said, “Because you have failed to prove your identification”.

And before I could blink I was suddenly being manhandled my hands bound in steel handcuffs by three policeman.  An excessive amount of force and tightening of the handcuffs resulted in cuts and bruising to my wrists.

My rights were not read to me.

I was not offered the opportunity to call for council

Not at any stage did any of the police say or show ID.

I was then pushed and shoved by three police officers in full public view who took me to a location beneath the stairwell of the MCG.  It appeared to be a police quarters.

I was then mocked and assaulted by police officers who shoved my head and body against the concrete wall.  My neck was twisted fully sideways.  At this time Police officer Constable Matthew Samata – 42762 reached into the front pocket of pants.  I repeatedly told him “I do not consent to any searches or seizure of my property”.  He ignored me and proceed with the search and seizure. He was delving deep into my front pocket, I was uncomfortable as he rummaging in my front pocket and his hand and wrist were pressing against my genitals and I instinctively flinched but as my hands were fully restrained in cuffs behind my back I could do little other than voice my disdain, while I repeatedly told him “I do not consent”.

Despite this and without my consent the officer finally got my wallet out from my front left hand side pocket and in front of myself and other police officers proceeded to rummage through my belongings, he was removing my business and banking cards and then finally found my driver’s license, “got it” he exclaimed.  He and other police officers then left the scene with the license while I waited for around 15 minutes, still hand cuffed and held tightly by police two officers.  There were no fewer than 4 officers around me at any time yet I never physically resisted.  However I was voicing my distain and disgust with what was taking place.

The officers returned with my wallet, then I was escorted to the outside of the grounds by several officers who were still holding each my arms and pushing me from behind, in full view of the public, including my partner and 3 year old son who were anxiously waiting outside, because they were disallowed from coming into the ground to aid me.  I was outside of the ground, released then and told I could go.

No charges were laid.

Once released from the hand cuffs, and furious, I requested the names of the police in writing, one elderly female Senior Sergeant Rhonda Brown – 29125

Obliged my request and took the names, rank and number of each Police officer.  I was not satisfied with the legibility of her writing and so for good measure used my phone to film the faces of each officer while I requested they verbalize their ID.  Which they did.

Thankfully the entire encounter was filmed by my partner and excellent audio visual evidence is available to me.

IN DETAIL:

  1. On Sunday the 8 of July at approximately 4pm in the afternoon, my partner, myself and my 3 year old son were walking around the outside of the MCG on a footpath. We were making our way home via the Richmond train station.  We were all walking in a quiet, peaceful and sober state.
    We were then approached by two police officers, Sergeant Katherine Hartwig, and a constable Matthew Constable Matthew Samata – 42762,   and two female police officers on horseback, they wanted to “have a chat”.   I politely declined the offer and wished to proceed peacefully to the train station with my family and without any further joinder or discussion with the police.  The officers would not except my preference to decline joinder and proceeded to impose themselves upon me and my family.
  2. Officer Hartwig, Constable Matthew Samata – 42762, along with the two mounted police then started to advance their position towards us in an intimidating manor, not wanting to make any physical contact my family and I retreated by walking backwards and away while Seargent Hartwig was repeating herself “we just need your ID mate”.
    My response was “please do not touch me” and I repeated this as I walked backwards.
    Sergeant Hartwig then turned to the two mounted police and asked them both “what’s going on guys”. The two mounted police then repositioned themselves so as to have us surrounded front and back.
  3. It was at this time that my partner became extremely concerned about the positioning of the horses in relation to our three year old son. Upset, she exclaimed “I have a young child get those horses away from us”.  The mounted police held their same position, one of the mounted police, a portly women replied to my partner, “well you can always back walk that way”, indicating to a direction against the direction we wanted to head towards, that being the Richmond train station.
  4. Constable Matthew Samata – 42762 persisted by saying “we just want a chat”. My response was, “I don’t want to chat” and “leave us alone” said repeatedly.  No matter our words the officers clearly would not let us leave and any endeavor to peacefully leave the scene was thwarted by their continuous blocking.
  5. When I asked why we are being detained, Constable Matthew Samata – 42762 said for causing a commotion and that racial slurs had been made. These were denied and when I asked Constable Matthew Samata – 42762 to provide proof, he had none, nor did Constable Matthew Samata – 42762 or any officer have any first-hand knowledge of any crime committed or law broken.
  6. At this time Hartwig stepped back in and said “if you don’t tell us who you are we can arrest you to confirm your ID” and “would you like us to place you under arrest for failing to show us ID”. My response, “you will not place me under false arrest”.  Constable Matthew Samata – 42762 say “It’s not a false arrest”  I say “yes it is a false arrest”. Sergeant Hartwig said,  “If we believe you have committed an offence we can arrest you”
    I responded to this by asking what law I had broken.  Hartwig then turned to Constable Matthew Samata – 42762 and asked for the piece of paper.  She then read from the paper stating that I was being placed under arrest under section “SPECIAL EVENTS ACT 2009 SECT 84. Disruptive behavior failure to leave”.NOTE:  That prior to the police stopping me that exactly what I and my family were doing, leaving the area in a quiet and peaceful manor, though it was not due to any instruction or disturbance. We and I were trying to leave on my own accord.
  7. Constable Matthew Samata – 42762 claimed that I had been disruptive at a sporting event. Yet he had no fist hand knowledge or any impartial witness.  Constable Matthew Samata – 42762 goes onto to say “all you need to do is give us your ID mate”
  8. At this time I’d completely had enough and told them that we just want to go home peacefully, Sergeant Hartwig stepped in front of me and reached out with her hand to stop me. Several police blocked other avenues and so leaving in any direction was not possible, and I was not prepared to use any force.  I was trapped against my will.
    I repeated again that I do not wish to give my ID as I have broken no law and committed no crime” I told the police to leave me and my family alone and let us leave.  And to stop intimating our family.  Constable Matthew Samata – 42762 says.  “we are not intimidating you”  at this time there were 12 cops surrounding and including two mounted police and a multitude of security guards.
    NOTE: That’s not intimidating?
  9. Constable Matthew Samata – 42762 maintains that I have to give him my ID. I respond to Constable Matthew Samata – 42762 with “I don’t not have to give you my ID and I have done nothing wrong, broken no law and committed no crime” and “that you, (Constable Matthew Samata – 42762) have no authority over me what so ever”
  10. Then a constable J. Hinsley-41988 chimes in and says “that’s fine mate but we can arrest you to ascertain you’re ID” I respond to Hinsley by telling him you can’t arrest a man for doing no wrong.”  He replies with, “mate you were racially abusive” (while smiling at Constable Matthew Samata – 42762). Hinsley has no first-hand knowledge nor does he have any third party impartial witnesses.
  11. Constable Hinsley then grabs my left arm and requests ID, asking do I have any ID in my wallet? He says “I need to see some ID and then you can leave alright” I respond in a low voice “let go of me, let go of me, please let go of me”.  He does not let go of my arm.
    I tell all the collective police that “I’m invoking my rights and you cannot impede on my inalienable rights and I will not let you”.
    Constable Matthew Samata – 42762 says, “you done something at a sporting event”  I say “what what?”  Constable Matthew Samata – 42762 says “look this is what we’ve been told”.  Again with no first-hand knowledge and no third party impartial witnesses.

At this time Seargent Kathrine Hartwig-36532 chimes in with “sir I must tell you that I’ve spoken with a senior Sergeant (Senior Sergent Rhonda Brown – 29125) and the allegations, you have caused a disruption at a sporting event and asked to leave.”
My partner interjects with “and we were leaving, we were leaving”

NOTE: We were never told to leave and we did not cause any disruption and we were in the action of leaving when interrupted and intercepted by the police.

  1. Sergeant Hartwig then says “I’ll give you one last chance to confirm my ID or you will be placed under arrest”. I respond with “and what will be the charge” she, Hartwig says “Unlawful assault”.  I shake my head in dismay and ask “have you got evidence” Hartwig replied “Yes I do”.   “She claims it’s a summary offence”NOTE: Again she has no firsthand knowledge and no third party impartial witnesses.
  2. I then under duress and against my wish decided to give legal ID as John Doe un-Inc., along with where I’m currently staying at … address . This is not false.  After I gave her my ID I said “now are we free to go?” Hartwig then says “now we need to confirm your ID”.  I said “no I don’t need to confirm m ID, I’ve given it to you”

At this time a new police officer arrives, Senior Sergeant Rhonda Brown – 29125, she steps in and says “there has been an allegation made that there’s been an assault on a security guard.”  (That’s a new one) So I say “so that’s the allegation is it, well all I know is I haven’t done anything wrong”.

NOTE:  It was the security guard that approached us while we were trying to leave, stepped in front of me, and held me while I was trying to walk away. And not at any time did I assault anyone, minor contact was made as I brushed the guards hand from me.  The security guard wanted to go on with it and so he and his mates followed us while we were leaving the area, making taunts, while we were trying to leave.

I told Senior Sergeant Rhonda Brown – 29125 that we had done nothing wrong, “we had just come to the football and now we want to go home”.

  1. Brown says “We look at the surrounding circumstances and then we get ID from people”. I tell her “I have no interest in any of this and I’m not listening to her”NOTE: Senior Sergeant Brown came in with the same endeavor and that was to extract proof ID from my person and knowing that I had done no wrong I did not want to give up my rights and so would not comply to offering proof of ID after already having just verbally offered my legal name and address against my will and while under duress.
  2. Brown goes onto to say that if I don’t comply I will have to come back to the police station, despite her threats I held my ground and maintained my inalienable rights and did not comply with her demands. She then reaches out and grabs my arm and I tell he not to touch me and that there has been so many assaults today.
  3. Brown then says well then you have to be placed under arrest. I say what for, because I’m not listening to you?  Brown says “what we’d like to do is confirm who you are” I say “I’ve done that” Brown says “yes but we need to prove who you are via photo ID”   I say “no I don’t need to do that” Brown says “well actually you do”NOTE: Photo ID?  Is the 1939 Nazi Germany or Melbourne Australia?
  4. I then tell Brown we have to go home, she says “sorry sir you can’t do that”. I say am I under arrest or am I free to go I repeat this multiple times, she ignores my questions.  Brown then states “you will be placed under arrest if you fail to provide your name and address”NOTE:  But didn’t I already give the police my name and address earlier?

    Brown adds “no we need your Photo ID”
    I ask “will that be a false arrest?”

  5. I tell Brown that I’ve told you who I am, she responds with “you may be honest but some people are not always honest”. I reply “that’s not my problem”
  6. Brown then points at my jean pants and says “show me some ID”. I state “I have no ID on me”.  Brown then asks, “Show me your wallet”.  I decline the offer.
    Brown then says “well then we are going to have to take you back in and work out how we are going to confirm this.”
    I say “why, how”
    I then called Brown a liar.
    She said I’m going to give you one opportunity.
    I would not comply and was then promptly placed under arrest handcuffed.NOTE:  No rights were read.

    I told Brown that this is a false arrest and she replied with “you are being placed under arrest so we can confirm who you are”.
    I claimed “you are placing me in handcuff like I’m an animal, just so you can confirm who I am?”  I told her “I’m a man that’s who I am, a man” And “You are assaulting me” I then informed her that there would be serious claims resulting from this! I was then taken away in handcuffs and taken inside the MCG, the very ground I was trying to leave in the first place.

    NOTE: I was arrested and handcuffed without my rights being read to me at any time. And at this time still no police ID was offered.

  7. Constable Brown then took a concern for my partner’s child and now all of a sudden she felt that the child should not be exposed to any of this. Yet it was the police who initiated all the unwarranted contact including the most public of arrests.NOTE: Everything up until this point was recorded by my partner. But once in the MCG there were no further recordings until I got out of the ground as my partner was stopped from entering the ground and not able to follow me.
  8. Once inside the MCG I was mocked, spoken to poorly, ruffed up and pushed hard against the concrete wall by two policeman, Constable Matthew Samata – 42762, said he was now going to conduct a search of my pockets. I told him that I do not consent to any searches and I said this repeatedly.  They then decided to get me out of public view so that Constable Matthew Samata – 42762 could go through my pockets.  Constable Matthew Samata – 42762 eventually found my wallet in my front pocket and I was uncomfortable with how close his hands were to my genitals and I flinched.  But my hands were cuffed and I was being held by two police officers so I could do little.
  9. Constable Matthew Samata – 42762 then rummaged through my wallet and when he eventually found my driver’s license he exclaimed “got it” and then took it and my wallet away with him. I was still being held by three cops.

15 minutes or so later Senior Seargent Rhonda Brown – 29125 returned with my wallet and drivers license.  She said you are free to go now, then had several police officers escort me outside of the MCG where they released me.

  1. Once outside and cuffs removed I did not leave and instead ask senior sergeant Brown for the names and ID of every police involved. She scribbled the names and ID down but I was not satisfied with the clarity of her writing so for good measure I had each Police member near me give me their name and ID verbally while I filmed them on my phone.  I did not get their work locations but did get names and serial numbers many police members I could.

NOTE:  The names of the Police I secured are not all that were involved or complicit. But watching the video I managed to at least identify some of the other Police officers in some form or another.

DETAILS OF POLICE PERSONS INVOLVED THAT COULD BE IDENTIFIED BY SOME FORM OR ANOTHER:

Constable J. Hinsley – 41988

Constable S. Sharih – 42817

Sergeant Katherine Hartwig- 36532

Constable Matthew Constable Matthew Samata – 42762 – 42762

Constable Brad Clarke -43069

Senior Seargent Rhonda Brown – 29125

Seargent Natelie McFarlane – 29948

ALSO SPOTTED ON MY VIDEO RECORDINGS:
Constable Yarran Curtis  no #   Horse rider 1 fat female   Horse rider 2 thin female

 

CLAIMS:

I will be endeavoring to make claims against each offending officer who did me wrong and I wish to seek just compensation for all these wrong doings.

Here are the wrong doings of the police which include a violation of my rights.

  1. False arrest
  2. Assault and battery
  3. Assembly to intimidate
  4. Unlawful search and seizure
  5. Kidnapping
  6. False imprisonment
  7. “Impersonation” of a police officer of the crown.
  8. Failing to read my rights.
  9. Not allowed any calls or assistance.
  10. Not showing police identification, prior or during to the stop.

CLOSING:

I believe and feel so strongly that all the police involved violated my inalienable rights, they abused their powers.
They treated my as something other than a flesh and blood man.  They trespassed upon my and while doing so broke many laws and committed crimes.
Interesting the one code that I was accused of breaching was the “MAJOR EVENTS ACT 2009 Sec 84”  see act below.

In brief the act below is relative only to persons who have been given a directions to leave the area on the grounds of that they have caused a disruption or failed to leave that event and that,  an authorised officer who is a police officer may require a person who has been given a direction under subsection (1) to give his or her name and address to the authorised officer.

It should be noted that I had NOT caused any disruption and was not given any direction by any person including an authorised person such as a police officer to leave the area, and therefore I cannot possibly be in breach of the MAJOR EVENTS ACT 2009 – SECT 84

And that I was by choice leaving the area on my own volition when the police approached my family and impeded our travel, the police then succeded in escalating the matter to crimal levels.  Clearly exercising an over use of power, violating a man rights while committing a multitude of crimes.

MAJOR EVENTS ACT 2009 – SECT 84

Directions to leave—disruptive behaviour etc.

    (1)     An authorised officer may direct a person who is in an event venue or event area to leave the event venue or event area and not re-enter the event venue or event area for a period of 24 hours if the authorised officer believes on reasonable grounds that—

        (a)     the person is disrupting or interrupting any match, game, sport or event organised by the event organiser; or

        (b)     the person is engaging in conduct which is a risk to the safety of that person or other spectators; or

        (c)     the person is causing unreasonable disruption or unreasonable interference to spectators of the event or persons engaged in the conduct or management of the event or event venue.

  1. 84(2) inserted by No. 16/2013 s. 10, amended by No. 37/2014 s. 10(Sch. item 104.9).

    (2)     An authorised officer who is a police officer may require a person who has been given a direction under subsection (1) to give his or her name and address to the authorised officer.

Note

Section 184(2) sets out that an authorised officer must produce his or her identity card for inspection when exercising a power under this Act.

Keller v. United States [14] the Court makes some quotations from previous cases which are exactly in line with the canons of construction laid down by the Privy Council. One is:— “Generally it may be said in respect to laws of this character that, though resting upon the police power of the State, they must yield whenever Congress, in the exercise of the powers granted to it, legislates upon the precise subject matter, for that power, like all the other reserved powers of the States, is subordinate to those in terms conferred by the Constitution upon the nation.” Another is:—”Definitions of the police power must, however, be taken subject to the condition that the State cannot, in its exercise, for any purpose whatever, encroach upon the powers of the general government, or rights granted or secured by the supreme law of the land.” End Quote

[14[1909] USSC 89; 213 U.S., 138, at p. 146.

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