JUSTICE DENIED

Sica court saga 'wasteful': judge
DANIEL HURST February 16, 2010
A Supreme Court judge has blasted as "wasteful" a six-month committal hearing into the murders of Brisbane's Singh children.
Justice Richard Chesterman this morning dismissed accused triple killer Max Sica's latest bail bid.
This despite his lawyers' complaints it could be late next year by the time the 40-year-old faces trial for the 2003 slayings.
Justice Chesterman upheld the decision of the Supreme Court in December to deny Sica freedom on bail for fear he would interfere with witnesses in the case and was a flight risk.
But in a written judgment, he took a swipe at both sides, accusing Crown prosecutors of gathering a weak case and Sica's defence team of dragging its feet and employing "unorthodox" methods.
"The most that can be said, I think, is that the Crown case is not without substance but is less than compelling," Justice Chesterman wrote.
He pointed to a series of bleached footprints found by forensics experts in the Singh house as among the only hard evidence gathered against Sica.
"The footprints apart, the only evidence establishing [Sica's] presence in the house on 20 April, 2003, is circumstantial," he said.
"Much, I suppose, will depend upon the percentage of the population which has a foot structure identical to that which left the bleached imprints in the carpets.
"About that we were told nothing."
Neelma, 24, Kunal, 18 and Sidhi Singh, 12, were found dead in a spa bath in their family home in Bridgeman Downs almost six years ago.
Sica, a former boyfriend of Neelma's and the first person on the scene, was not charged with the murders until 2008. He has strongly protested his innocence and complained at the length of time it has taken for the Crown to make its case.
Justice Chesterman said the Crown had presented no apparent motive for Sica to have killed Neelma, with Sica saying the pair had resumed a romantic relationship with one another.
He also said Sica's aggression towards the Singh family patriarch, Vijay Singh, did not, on the face of it, provide a motive for murdering his children.
During Sica's appeal, his barrister Sam Di Carlo said 800 witnesses would need to be "thoroughly" examined in the committal hearing, which would decide whether the accused man would stand trial.
But Justice Chesterman scoffed at that figure and suggested Mr Di Carlo had used the committal hearing in an "unorthodox" manner to flush out other suspects.
"It is inconceivable that there are 800 relevant witnesses to the facts germane to the prosecution case," he said.
"How [Sica] and his lawyers conduct the preliminary hearing is a matter for them, but if they chose, as they appear to have done, to use it for the purpose described and in a manner so extravagant of time, thereby prolonging proceedings, any complaint of delay loses most of its force.
"A committal hearing of six months' duration in a case such as this appears both unnecessary and wasteful."
Sica will remain behind bars.
The committal hearing is ongoing.


Unnecessary and wasteful..... for whom? A man has been denied his freedom, he languishes in a jail cell awaiting so called justice. The police have had nearly seven years to come up with what?

Police targeted Massimo Sica from the very beginning, he was the prime suspect for them and they have tried to build a case around that belief. The footprint impressions were found six days after the bodies were discovered, the police say that they were socked foot impressions with traces of bleach. Police took Massimo Sica`s foot impressions in 2004, a whole year after the discovery of the foot impressions at the crime scene. (they also took his footprints yet again on the day he was arrested 30th December 2008)Footprint experts Kennedy and Jones both state that they cant exclude him as making the impressions and they cant say when the impressions were actually made either. Jones also says that hundreds or thousands of people could have made the impressions.

Massimo Sica has never fled the juristiction even when he was a free man and could have gone wherever he wanted to go. He has never threatened anyone, caused bodily harm to anyone or tampered with any witnesses.

The confrontation between Mr Singh and Massimo Sica............. Massimo Sica was called to the Singh residence by the youngest child Sidhi, she was afraid for her mother`s safety. Phone records and text messages show this to be true. The police were called over to the house that day by both Mr Singh and Massimo Sica and statements were taken by all involved and the police have this as well. When you hear ALL of the taped conversation, you can hear the many threats made by Mr Singh to Massimo Sica, threats like, just you wait, you will see what i can do, you dont know what im cabable of, youre gonna get it etc Mr Singh tells Massimo Sica to get out of his house, Mrs Singh says to Massimo Sica,.... you have my permission to be here, are you going to protect me? Massimo Sica also says to Mr Singh,,,,,, dont worry, im not going to hurt you, what do you think i am like you? i am just going to wait for the cops.... Massimo Sica is also heard saying repeatedly to Mr Singh.... put the weapon down. Also on the taped conversation you can hear Mrs Singh make accusations against her husband in English and in Indian, they include accusations of abuse towards herself and her children, of molestation, of making her perform sex acts with others while he would tape it etc. The word CAPISCE means understand and not i will decapitate you or kill you. Police who arrived at the house were also heard on the tape and one officer is heard talking to Mr Singh then the officer leaves to go talk to the other officer and Mrs Singh, Neelma Singh, Sidhi Singh and Massimo Sica. When the officer returns to Mr Singh, he changes his tone and tells Mr Singh he has to leave the house, this is because he actually realizes what the truth is. Im sure police have the statements made by all involved on that day. So in reality who threatened who? When this came out and was made public, the headlines on the newspapers were..... Max Sica threatens Singh family in their own home..... Unbelievable...... He had gone there because he had calls and messages asking for help, he was told by Mrs Singh to protect her and that he had her permission to be there, he actually handled the whole situation quite calmly and without any incident. In return he was made out to be the violator and was said to be threatening etc. The only person who ever threatened, abused, violated, bashed, and mistreated the Singh family was Mr Singh himself. This coming from Mrs Singh`s own statements and from court documentation such as DVO orders, and court proceedings against him.

When Mr Singh and his daughter Neelma went to the Stafford police station to put in a complaint about Massimo Sica........... The police officer in his statement says that Neelma did not look like she wanted to be there, that her father seemed overbearing, that he asked to look at the text messages sent by Massimo Sica to her mobile phone and that upon looking at them he found nothing threatening or allarming in them at all. He also states that Mr Singh becomes somewhat loud and aggitated and says, ive done my bit, i am concerned for my daughters welfare, i wont be in the country, i have no neighbours that can keep an eye on my children while im gone, if anything happens to her it will be on your heads, then he states that Mr Singh shows him a statement he made when he had the confrontation with Massimo Sica in his house and a reciept the police gave him for the microcassette he gave to police of the confrontation.
I dont know about anyone else, but if i thought my daughter or any of my children could be in anykind of danger or thought someone might pose a threat to them, i would not leave them at all.


It is true that Massimo Sica has a criminal record for things he and a group of other boys committed a very long time ago, but he has served his time and paid very dearly for that. He has never not then, not ever, been violent to a person, threatened a person or caused bodily harm to a person in any way. He never has and would never lay a finger, let alone a hand or fist on a woman or a child.

These children were massacered, their lives were taken from them in a most brutal and horrendous way, they along with Massimo Sica (whom i consider to be the fourth victim in this tragedy) deserve true justice.