1st October, 2008
The Hon. Justice James
Supreme Court of NSW
Re:R v Einfeld Case No. 2008240
Trial Date: 3rd November 2008
Mention Date: 3rd October 2008
I have taken the liberty of writing to you because there are important issues I wish to offer for your consideration re the above matter.
Due to recent media coverage of my aborted trial in the District Court which resulted in Mr Einfeld’s matter being brought to the surface, he may wish to request an adjournment to a later date. In the event that this happens, I would like to join my request for such an adjournment to his.
When my matter was adjourned to February by the District Court, Justice Finnane stated that if the 3rd of November was vacated by Mr Einfeld, he would immediately list my matter for that date. Both matters, mine and Mr Einfeld’s involve exactly the same people, so if we swapped dates there would be no inconvenience to the DPP or anyone else.
I have extremely serious personal and family reasons for wanting my matter to go on in November instead of February and if Mr Einfeld has reasons to want to put his matter off till next year, then surely such a move would make everyone happy. Yet the DPP are stubbornly refusing to make this consideration and I have not been offered any reason for their attitude, which has been oppressive towards me.
They tried to bully me by threatening me with jail and trying to get me to accept a deal and plead guilty to the lesser charge of hindering an investigation (this charge was originally one of the chargers made against me but they have since dropped it)...
I still get depressed and my heart sinks to the depths of despair when I think that the people who were supposed to defend me could do such a thing to someone like me – a harmless and innocent human being. Our esteemed prosecutor finds me a little boring but I am what I am and that is all I can ever be.
I strongly believe that the DPP has realized that I can prove my innocence and because they are worried about the attention of the media, they don’t want my case to go on first because if I am declared innocent they are worried about how it would make them look in the media reports. (We are all well aware that it won’t make any difference to the outcome of the Einfeld case, therefore there can be no other consideration.)
So they are pressing for the Einfeld matter to go on first, regardless of the fact that they know that the media will be ready to pounce and, once again, turn it into a circus, thus having a huge adverse impact on my case.
Previous experience has shown that every time the media focus on either me or Mr Einfeld, they tend to have an intense desire to make us both look ridiculous. They call this the “salacious details that Sydney thrives on”, as reported in one of their newspaper articles. Of course, what they, in their ignorance, do not realize is that sometimes the public buys papers out of interest and because they want to see justice done and not for the journalist’s wrongly perceived, and stupid, reasons.
I have spoken to a lot of people in the past two years and I can tell you that the majority do not care for the attitude of the media. They are concerned for the welfare of Mr Einfeld and they are concerned about how the judiciary are being perceived. They abhor the disrespect that has been shown by the media. They are concerned this disrespect may be conveyed to the public and the chaos that could result. They are concerned about the damage being done to young people and students in their formative, impressionable years. Your Honour, we so often complain about things being wrong in the world, that when we get a chance to fix things we shouldn’t pass it by.
Should we leave this responsibility in the hands of the media and people who only have one purpose in mind – that of personal profit and increasing the sales of newspapers? These people have had no problem in appointing themselves as judge, jury and executioner and presenting their story in anyway they please in order to achieve their purpose, even if in the process they destroy a life dedicated to public service and humanitarian causes, as in the case of Mr Einfeld.
I do not know, anymore than anyone else does, if Mr Einfeld made a mistake but I know that since day one he has not been afforded any of his rights before his trial. Recently a notorious paedophile was shown more respect for his rights when his trial was aborted because of media publicity. Mr Einfeld has received far more publicity that that man ever did! What’s happened to his rights? If we are to have equality in this country it should be the same for everyone, not just for the underdog.
The public can only shake their head and get frustrated at this but it really comes down to: Who is controlling the wheels of justice in our society? The public has bestowed that responsibility to our judges and in this particular case you, Sir, are in a position to make a decision that will perhaps have a more far reaching effect than normal.
If there is one thing that is clearly evident it is that these issues are important to the community at large, otherwise these matters would not have reached such unprecedented proportions. The point is that there is a window of opportunity that only comes along once in a while.
If I am to get any justice, my matter should to on first and if the interest of the public is to be served, Mr Einfeld, and the judges in general, should be shown a lot more respect.
The matter Your Honour rests in your hands.