AFFIDAVIT SHIVANJANI SICA (relating to attempts been made for her husband to see their daughter)

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 Shivanjani Sica of Stafford Heights QLD states on oath:

1. I am the Second Applicant in this matter.

2. My husband Massimo Sica and I were married on 22 December 2008 in the St Francis Anglican Parish, Nundah.

3. “Exhibit SS1” is a copy of the Marriage Certificate.

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

5. “Exhibit SS2” is a copy of her Birth Certificate.

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

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

8. “Exhibit SS3” is a copy of the Bench Charge Sheet.

9. On or about 14 November 2008 my husband, the First Applicant, was granted bail for the sex charges and released from prison.

10. “Exhibit SS4” is a copy of the Bail grant.

11. On or about 29 December 2008 my husband, the First Applicant, was charged with three counts of murder an imprisoned.

12. “Exhibit SS5” is a copy of the Charge Sheet.

13. My husband, the First Applicant, has not been granted bail for the murder charges and remains on remand at Arthur Gorrie Correctional Centre, Ipswich Road Wacol for these charges only.

14. My husband, the First Applicant has been held on remand awaiting his trials for two years and five months.

15. Before my husband, the First Applicant was arrested and remanded in custody on or about 29 December 2008 for the murder charges, my daughter Nakiesha Sica and was resided with my husband and I and my step daughter Brittany Sica would come on fortnightly visits and reside with myself and my husband, the First Applicant as a family unit at 10 Willmer Road Toorbul, which is approximately 45 minutes from Brisbane.

16. “Exhibit SS6” is a copy of the lease agreement for that property.

17. My husband, the First Applicant has not been allowed to see my daughter Nakiesha Sica or any of his other children since he was imprisoned on or about 29 December 2008.

18. On or about February 2009 my husband, the First Applicant wrote to the General Manager of the Arthur Gorrie Correctional Centre, requesting access to visits from our daughter.

19. “Exhibit SS7” is a copy of that letter.

20. On or about 25 March 2009 my husband, the First Applicant received a reply to his application made on or about February 2009.

21. That letter refuses to allow our daughter to see my husband, the First Applicant. The refusal stated that there were no urgent or compelling reasons for my husband, the First Applicant to see our daughter.

22. “Exhibit SS8” is a copy of that letter.

23. On or about ...........June/July 2010 I instructed our solicitor Sammit Seth of Seth Lawyers to contact the General Manager of Arthur Gorrie Correctional Centre in relation to my husband, the First Applicants refusal to have access visits from our daughter.

24. “Exhibit SS9” is a copy of.............................

25. On or about...........our solicitor Samit Seth of Seth Lawyers advised me that I he had spoken to someone from the Deputy Commissioner of Custodial Operations office and was advised to tell me to make an application via another form 27 back to the General Manager of Arthur Gorrie Correctional Centre, as the First Applicant could not apply for our daughters to have visitation access.

26. “Exhibit SS10” is a copy of the Form 27.

27. On or about 28 June 2010, I wrote to Greg Howden, the General Manager of Arthur Gorrie Correctional Centre to request access for our daughter to see her father, the First Applicant.

28. “Exhibit SS11” is a copy of that letter.

29. Attached to my application form 27 was a hand written letter from myself to the General Manager of Arthur Gorrie Correctional Centre, which was later forwarded to the Deputy Commissioners Office for a review of the decision. This letter has not

been returned, despite numerous requests by me for this Application, for record purposes.

30. On or about 14 July 2010, I received a reply from Greg Howden, the General Manager of Arthur Gorrie Correctional Centre, refusing access for our daughter to visit the First Applicant, her father.

31. “Exhibit SS12” is a copy of that letter.

32. On or about 14 July 2010, I wrote to the Queensland Government Corrective services Commissioner of Custodial Operations in order to appeal the decision of the General Manager of Arthur Gorrie Centre.

33. “Exhibit SS13” is a copy of that letter.

34. On or about 28 October 2010, I received a reply from Scott Collins, the Acting Deputy Commissioner of Custodial Operations, affirming the decision made by Greg Howden of Arthur Gorrie Correctional Centre not to allow our daughter to see her father, the First Applicant.

35. “Exhibit SS14” is a copy of that letter.

36. The operational standards of the Correction Centre require a maximum time for relying of two weeks.

37. “Exhibit SS15” is a copy of .......................

38. Despite the operational standard requirements, it took the General Manager of Arthur Gorrie Correctional Centre 4 weeks to reply to my request.

39. Despite the operational standard requirements, it took the Acting Deputy Commissioner of Custodial Operations 3 months to reply to my request.

40. In the reply from the Acting Deputy Commissioner of Custodial Operations Scott Collins on or about 28 October 2010, I was advised that I could not make any further applications for a period of a further 12 months.

41. Also in this reply I was never informed of my future available options/avenues in relation to an appeals process, judicially or otherwise which I now realise I was entitled too.

42. On or about......................I contacted the Commissioners office and the General Manager of Arthur Gorrie Correctional Centre requesting all records of contact and correspondence between myself and them, pertaining to all of my contact and correspondence with the Departments.

43. On or about.....................I received a reply from..........................in relation to my requests for correspondence and contact with the Departments and I did not receive all the information I requested.

44. “Exhibit SS15” is a copy of .......................

45. On or about February 2011 my husband, the First Applicant advised me after speaking with Christ Nyst from Nyst Lawyers, that we can appeal the matter via judicial review.

46. At no time has anyone from any Department or Welfare Agency contacted me in order to seek a proper review into our daughters mental or psychological

development and health in order to correctly assess the Applications made by myself and my husband, the First Applicant for our daughter to have visitation access with her father, the First Applicant.

47. At no stage has anyone ever sat down with myself or Nakiesha Sica to make any enquiries or interviews.

48. I have sat by and watched for two and a half years the injustice that our daughter is and has continued to face as she wants to see her father.

49. Every week that I visit my husband, the First Applicant, my daughter constantly asks to come with me to see her dad and I have to tell her no.

50. Our daughter prays and cries for her father on a daily basis and does not understand why she is not allowed to visit with her dad when I go. Our daughter is also aware that other children are allowed to visit their parents who are in custody.

51. I believe that evidence of this that relates to our daughter can be obtained through Intel (prison phone records) as the First Applicant makes at least 10 calls a day to the residence of Carlo Sica, myself and our daughter.

Page 3

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)].