Tuesday, January 19, 2010

WHERE IS THE JUSTICE?

Sica being 'blackmailed from jail cell'
CHRISTINE KELLETT January 19, 2010 - 3:51PM


Accused triple murderer Max Sica is being blackmailed from his Brisbane prison cell while lawyers squabble over the spoils of a court case which could seal his fate, his brother claims.
Claudio Sica says his 39-year-old sibling is suffering in the face of spiralling legal costs, a mountain of evidence and threats his defence team may throw in the towel mid-way through a crucial committal hearing.
Defence barrister Sam Di Carlo has been representing Sica pro bono since December 2008, and had been receiving some Legal Aid funding until the service turned off the taps in June last year.
--------------------------------------'I'll cut you up into pieces': Singh dadNeelma Singh in nude photo smearSica a prime suspect from day oneAccused killer found children's blood trailSingh murder case on hold until next yearJealous Sica assaulted murder victim: court'Sica requested family threesomes'-------------------------------------
Legal Aid Queensland has refused to release further funds unless Sica accepts representation of its choosing and yesterday, when a part-heard committal hearing was due to recommence, Mr Di Carlo announced to the Brisbane Magistrates Court he could no longer afford to continue without being paid.
The committal hearing will decide whether Sica will face trial over the April 2003 slaying of Brisbane's Singh children - one of the state's most heinous crimes.
Until then, the Stafford father-of-three remains in limbo, kept in prison after failing repeatedly to win provisional release on bail.
Claudio Sica said the family had been given no explanation as to why Legal Aid would no longer provide the previously-approved funds. Sica himself has previously refused Legal Aid representation on the grounds he does not trust its lawyers.
"It's just a nightmare to be honest. It has been a seven year nightmare up to now," Claudio Sica told Fairfax Radio 4BC today.
"The mind boggles at what you must feel when the whole weight of the state is against you.
"Unfortunately most people, unless you have come across the criminal code, do not realise exactly how helpless you are.
"In Max's case there are 36,000 pages of documents, over 300 video cassettes, something like 400 audio cassettes and then there is hundreds of DVDs."
Mr Sica said the evidence complied by police and the Director of Public Prosecutions - about 670 gigabytes in total - would take six months to read if Legal Aid succeeded in having the brief outsourced to another private legal firm.
"They gave us originally 105 gigs of data six months on and now at the last hour we've got 552 gigs of further material. I think that equates to something in excess of 100 encyclopedia Britannicas. That's absurd.
"Just to read the material alone, they have estimated [it would cost ] $300,000."
He said the family could not afford the $22,000 a day it would cost for private legal representation, leaving Sica with no other option but to defend himself.
"How can a defendant from jail, with no resources in jail at all, defend themselves?
"People don't realise the legal cost in Australia for a minor case exceeds $100,000 and in a case like this, to do it any justice, you need four to five million dollars.
"So far in Max's case we have had 16 people representing the state and you can imagine the back of house. We don't have access to that.
"It's easy for people say 'oh they're guilty they don't deserve anything' but you are innocent until proven guilty."
He said Mr Di Carlo had asked Legal Aid Queensland for about $100,000 yesterday, which he said was "probably a 10th of what it has cost the state."
The Sica family, including Max's wife Shivanjani, have staunchly defended him in public and have used several media appearances to protest his innocence.
In court, relatives have donned T-shirts with slogans and accusations of injustice.
Among their primary complaints is the length of time Sica has been held in prison amid ongoing delays.
In September, Magistrate Brian Hine agreed things were taking too long, but gave Sica an ultimatum yesterday to either accept a Legal Aid lawyer "or run the defence yourself."
"Even the DPP admitted at Max's last bail application, this could take another three years," Claudio Sica said.
"How do you compensate someone who has spent four years away from their family, their kids? Well, ask [former convicted killer] Graham Stafford.
"At the end of the day, you can't have someone languishing in jail, being virtually blackmailed into accepting a deal.
"Seven years is quite a long time."
- with Amelia Bentley

here is link to 4bc radio conversation with Claudio Sica Max Sica`s brother.
http://www.4bc.com.au/displayPopUpPlayerAction.action?&url=http://media.mytalk.com.au/4bc/podcasts/sicacase.mp3


22nd January newspaper article link
http://www.brisbanetimes.com.au/queensland/singh-house-reveals-its-bloody-secrets-20100122-mpk2.html

25th Januray newspaper article link
http://mybiz.optus.com.au/news/87605/police-thought-singhs-were-shot.html