AFFIDAVIT MASSIMO SICA (regarding attempts been made to see his children)

AFFIDAVIT Name: Ace Solicitors

Filed on Behalf of the Applicants Address: 19 Devoy Street,

Ashgrove QLD 4060

Form 46 Rule 431 Phone No: 33669797

Fax No: 33669556

SUPREME COURT OF QUEENSLAND

REGISTRY:BRISBANE

NUMBER:

First Applicant:

Massimo SICA

Second Applicant:

Shivanjani SICA

AND

First Respondent:

Arthur Gorrie Correctional Centre

Second Respondent: Commissioner of Custodial operations

AFFIDAVIT

I Massimo Sica C/- Arthur Gorrie Correctional Centre, Ipswich Road Wacol QLD states on oath:

1. I am the First Applicant in this matter.

2. My wife Shivanjani Sica is the Second Applicant in this matter and we were married on 22 December 2008 in the St Francis Anglican Parish, Nundah.

3. “Exhibit MS1” is a copy of the Marriage Certificate.

4. On 17 April 2006 my wife Shivanjani Sica and I had a daughter named Nakiesha Sica at the Matter Private Hospital in Brisbane.

5. “Exhibit MS2” is a copy of her Birth Certificate.

6. My daughter Nakiesha Sica is now five years old.

7. On or about 29 October 2008 I was charged with 20 sex offences inter alia rape and indecent dealing of a minor and remanded in custody.

8. “Exhibit MS3” is a copy of the Bench Charge Sheet.

9. On or about 14 November 2008 I was granted bail for the sex charges and released from prison.

10. “Exhibit MS5” is a copy of the Bail grant.

11. On or about 29 December 2008 I was charged with three counts of murder an imprisoned.

12. “Exhibit MS4” is a copy of the Charge Sheet.

13. I have not been granted bail for the murder charges and remain on remand at Arthur Gorrie Correctional Centre, Ipswich Road Wacol, for these charges only.

14. I have been held on remand awaiting my trials for two years and five months.

15. Prior to my arrest and detention on or about 29 December 2009, my daughter Nakiesha Sica and my other daughter Sica on fornightly visits resided with myself and my wife Shivanjani Sica as a family unit at Toorbul, which is approximately 45 minutes from Brisbane.

16. “Exhibit MS4” is a copy of the lease agreement for that property.

17. I have not been allowed to see my daughter Nakiesha Sica or any of my other children since I was imprisoned on or about December 2008.

18. When I was initially remanded I had made numerous verbal requests for access to see my daughter’s and was advised by the staff at Arthur Gorrie Correctional Centre that I was unable too as I had been charged with sex offences involving an underage girl and because I was pleading not guilty to the charges.

19. On or about February 2009 I was advised by another inmate who was on remand for sex charges that I could appeal the advices I had received by the staff.

20. On or about February 2009 I wrote to the General Manager of Arthur Gorrie Correctional Centre requesting access to see my daughter’s Nakiesha and Sica.

21. “Exhibit MS5” is a copy of that letter.

22. I also sent them the mandatory form 27 to apply for access visits as per the requirements of the Arthur Gorrie Correctional Centre.

23. “Exhibit MS6” is a copy of the form 27.

24. On or about 25 March 2009 I received a reply to my application made on or about February 2009, refusing my request for access to see my daughter’s.

25. The refusal stated that there were no urgent or compelling reasons for me to see my daughter’s.

26. “Exhibit MS7” is a copy of that letter.

27. On or about 24 May 2011 His Honour Milton Griffin stated ................

28. “Exhibit MS8” is a copy of the Court Transcript.

29. On or about 17 May 2011 His Honour Milton Griffin stated...........................

30. “Exhibit MS9” is a copy of the Court Transcript.

31. For the last two years and five months I have been refused access to see my daughter by the First and Second Respondents.

32. I have the full support of my wife Shivanjani Sica the Second Applicant in this matter to see my daughter in order to keep a continuing relationship with my daughter as her father.

33. “Exhibit MS10” is a copy of the supporting Affidavit of Shivanjani Sica.

34. On or about February 2011, in order to pursue this matter further, I sought outside legal advice and was informed that I could bring an Application for a judicial review as this matter was unjustly decided.

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Signed: Taken by:

Sworn by Shivanjani Sica on at in the presence of:

Signed:

Deponent Solicitor

[who certifies that the affidavit was read in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit. (If required: see R. 433(1)].

[who certifies that the affidavit was read in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit, but was physically incapable of signing it. (If required: see R.433(2)].