Balson has been hindered by the bureaucracy in his quest to get information behind what he considers to be a politically motivated arrest back in 1999. The arrest was central to his court action.
Requests for access to reports related to his action, under freedom of information legislation, have been prevented. Both the Criminal Justice Commission, who have been investigating his complaint, without success, for ten months, and the Queensland Police Service withholding crucial evidence which would be sought under discovery through the Supreme Court if the QPS had defended the action.
For example, on the 4th July the CJC wrote in response to Balson's request to a copy of the second QPS report that he would not get access to it because of Section 51 of the Freedom of Information Act 1992 and note under this section that: Disclosure that may reasonably be expected to be of substantial concern (to the QPS if released to Balson). This report was the second attempt by the QPS to respond to his complaint. It was rejected by the CJC - who still await an adequate explanation on the allegation of double standards in applying the law.
(See: http://www.gwb.com.au/enemy/cjcapr.htm)
This leaves one asking the question, "What has the system got to hide?"
I think we all know the answer to that…..
Balson's action begins
Former One Nation web master Scott Balson will this morning launch a Supreme Court action against the Queensland Police Service (QPS).
Mr Balson, of Karana Downs, was arrested in July 1999 for allegedly naming Labor MP Bill D'Arcy as the Queensland politician facing child sex charges on an internet newspaper to which he was a contributor.
Mr D'Arcy was subsequently convicted and imprisoned.
Mr Balson was found not guilty of unlawful publication in the Ipswich Magistrates Court in March 2000.
Yesterday Mr Balson said his action against the QPS would allege his arrest was politically motivated and malicious.
He will further claim an abuse of process in the arrest.
Mr Balson said he could demonstrate what he describes as a case of double standards between his arrest and Queensland Police action against The Bulletin magazine, which published similar information.
He said he would seek damages over $3 million in related damages.
Mr Balson has pursued both the QPS and the Criminal Justice Commission for information on his arrest for more than 12 months.
Former One Nation Web master Scott Balson has launched a $3.5 million lawsuit against the Queensland Police Service.
Mr Balson today filed a writ in the Supreme Court alleging his arrest two years ago was malicious and politically motivated. A charge that Mr Balson unlawfully revealed the name of a man facing sex charges was dismissed in the Ipswich Magistrates Court last year.
It followed the publication of the name of former Labor Mp and convicted paedophile Bill D'Arcy on the Internet before he was committed to stand trial.
Mr Balson says his arrest was a vindictive act, "What I am looking at is what is going wrong with the judicial process because of interference at a Political level and clearly, I believe, systemic corruption in the bureaucracy."
Mr Balson is seeking compensation for damage to his business and severe emotional distress.
Former One Nation webmaster Scott Balson is suing the Queensland Police Service over what he says was his wrongful arrest.
Mr Balson has filed a writ in the Supreme Court in Brisbane alleging his arrest on contempt charges two years ago was malicious and politically motivated.
Charges that Mr Balson unlawfully revealed the name of a defendant under the Sexual Offenders Act were dismissed by the Ipswich Magistrates Court last year.
It followed the publication of the name of former Labor MP and convicted paedophile, Bill D'Arcy, on the Internet before he was committed to stand trial.
Mr Balson is seeking $3.5 million in compensation for damage to his business and severe emotional distress.
26th August 2001
Tomorrow at 11.30am Scott Balson will lodge an application in the Supreme Court to have Queensland Newspapers Pty Ltd joined as the second defendant in his current civil action against the State of Queensland.
Queensland Newspapers Pty Ltd own The Courier-Mail.
Balson is extremely confident that he will succeed in his claim in which he alleges a malicious prosecution was initiated by The Courier-Mail and exacerbated by maliciously defamatory statements carried in the paper.
In his Statement of Claim Balson is seeking damages from Queensland Newspapers Pty Ltd for defamation and their role in his prosecution on the charge of "unlawful publication" for naming Bill D'Arcy as a paedophile facing a prescribed charge, namely rape, on the Internet.
The Magistrates Court in Ipswich dismissed the charge against Balson in March 2000 finding that there was no evidence to support his arrest.
Balson looks forward to presenting evidence to the Supreme Court and a Jury, evidence which will support his claims against Queensland Newspapers Pty Ltd.
Balson bid for legal action
Karana Downs resident and former One Nation web master Scott Balson commenced legal proceedings yesterday to see $4.5 million damages from Queensland Newspapers Pty Ltd, publishers of The Courier-Mail.
Mr Balson is seeking application in the Supreme Court to sue Queensland Newspapers Pty Ltd for defamation.
The action relates to Mr Balson's arrest and subsequent court hearing and dismissal on March 20 last year on charges of publishing convicted paedophile Bill D'Arcy's name on the Internet prior to him being convicted (sic) for trial.
Mr Balson's application will be presented on Friday.
The Letter below is not an unusual occurrence in the Western World, it is indicative of the fall and decline of our civilization, the destruction of law and order. The good citizens can be likened to a candle lighted at both ends, consumed by Police at one end, and Criminals at the other. A few years ago we all supported an Association called "Victims of Crime" now we need a new Association "Victims of Police, Customs and Courts". The Gympie Times sadly cut sections of this letter out, where it mentions the colour of the assailants and the police behaviour, here is the un modified version.
If we observed a young Policewoman being assaulted on the pavement by five dusky dubious looking young men, it would be considered the right thing to do to go to her assistance and to render all help necessary to preserve her life and limb.
Maybe Taxi Drivers are not as important?
The Gympie Times story of a young policewoman who, after receiving information that a fifty three year old Taxi Driver has been assaulted by five dubious dusky young men, went to the scene of the crim then ignored their violence and interrogated the young man, who as a passer by, went to the aid of the taxi driver. Without cautioning this person, informing him that he did not have to answer her and without warning him that any information would be taken down and used in evidence against him, or advising him that it would be in his interest to have a legal representative present whilst discussing anything with the police, or giving or signing any statement, she proceeded to interrogate this person, who was unaware that he and not the assailants was the target for her charge sheet score. He was still unaware, when as a public spirited gesture he agreed to call in later and give a statement as to his observations at the scene of the assault. He was amazed when some weeks later he was asked to call back at the Police station and be finger printed and charged with dangerous driving, as he had supposedly used the bonnet of his car to forcefully push the five assailants to one side in an effort to save the taxi driver.
He was incorrectly advised to plead guilty by those who, innocently had faith in the system and wrongly presumed that as his purpose and intent was to preserve life and limb the court would be just and the sentence be light. He wrongly took this advice and received a $900.00 fine and lost his licence for six months. His job is delivering papers so his means of earning an income for the next six months is lost to him as well.
This could not really happen in Gympie could it? Surely this is all a fiction, what incentive does it give to anyone to be the ‘Good Samaritan’, or to do for others as one would expect others to do for you, to be a good neighbour or just to be an Australian? It is an expose of injustice, an indictment of our corrupt society. Is it any wonder that the young people have no regard for the law, no concept of justice. When people are told walk on by, don’t get involved you can understand why. Is it any surprise that people won’t talk to the police? It appears that the duty of the police is no longer to protect or preserve our community but to prey upon it, like vultures picking at it's bones. It seems as though we are being taxed to pay for our own oppressors. It appears that the Police are not here to defend us but to destroy us. We cannot let despotism reign in Gympie, a person that has had the community spirit to go to the defence of his neighbour cannot be so ill-treated and downtrodden by Gympie’s Police and Courts. Let us show that Gympie encourages neighbourly behaviour, and supports the people who have lost out, because they put their life on the line to help out, this is the sincere neighbourhood watch, watching out for your neighbour. I will start an appeal to help pay for *Scott’s fine with a $200 donation. Just think how much you would gladly pay for a helping hand, if it was you being assaulted. Donations can be made at Owen Guns, 24 Mc Mahon Rd, Gympie.
Ron Owen
* Note this is not Scott Balson
27th August 2001