CORRECTIONS DEPARTMENT OFFER TO WITHDRAW THEIR APPLICATION "TO STOP MAX SICA'S BID TO OVERTURN RULING PREVENTING HIS DAUGHTER VISITING HIM IN JAIL"....
(followed by my post, there is an article published by the newspapers 2 weeks ago titled "PRISON AUTHORITIES SEEK" [to stop.....])
Hebrews:11:1-To have faith is to be sure of the things we hope for. to be certain of the things we cannot see............
The Queensland Corrections Department has made an offer to withdraw their application against a judicial review lodged less than a month ago by Mr and Mrs Massimo (Max) Sica, in an attempt to overturn the ruling made by them preventing their children from visiting him for nearly 3 years in custody.
Crown Law yesterday (Friday 19/08/011) contacted the legal representatives of the Sica family and advised them that their client (Arthur Gorrie Correctional Center and the QLD Deputy Commisioners Office) wanted to revoke the decision they made for Nakiesha Carla Sica not to be able to see her father because:
Firstly-Their client could not remember writing the refusal
And secondly, (unfortunately)
They did not have any reason on file/record whatsoever for the refusal.
(Please refer to the notes and statements of Mrs Shivanjani (Shiv) Sica which shows the letter in relation to this query and the response letter from the authorities clearly stating their reasons for refusal.Records of Mrs Sica making several phone calls and demands for a decision after normal protocols weren't followed can be obtained, mainly via FOI through the INTEL system).
The offer made by Crown Law, on behalf of the QLD Corrections Department is simply:
That each party discontinue the proceedings regarding the judicial review and bear their own costs.
The spokesperson for Crown Law also stated that Mr Sica would then have visitation rights to be able to see his daughter, whilst in custody.
My name is Shivanjani (Shiv) Sica and I am the wife of a triple murder/child sex offender suspect. My husband was charged following a five and a half year investigation into one of the states/country's most infamous murders. The bodies of Neelma, Kunal and Sidhi Singh were discovered on 22/04/03 by Massimo Sica in the presence of his children and niece.
On December 30th 2008, charges were layed against QLD police's main suspect, Massimo Sica, following one of the most complex investigations in QLD'S, if not Australia's history. This was nearly 2 months prior to Mr Sica being arrested with 20 child sex offences and the matter only being investigated for only a month.( Later, as documents revealed, investigations were still ongoing several weeks after my husband was arrested with the 20 child sex offences.)
Since then, the prison authorities have denied 3 (and not one as they have specified) innocent children the right to see their father in custody, in a democratic country such as this where the rights of a person are suppossedly meant to be adhered to, and a person is meant to be assumed guilty until proven innocent by a court of law.
If you refer to the letter addressed to the the director of public prosecutions by the corrective services, you'll see the real reasons, as specified by them, into the refusal. I wonder, how suddenly, they claim that they have no record of anything... is it because they know that they have no case against my husband and I, have always known this, but never met a person/family who'd challenge them every step of the way??? Or is it because they chose to covertly listen to instructions from the QPS and now are covering up for them by taking full responsibility?
http://max-sica.blogspot.com/2011/07/above-on-right-is-letter-max-sica-sent.html
(click on above link, will take you to correspondence regarding refusal of Mr Sica seeing his children etc)
Either way, if they really cared, i might add as a simple human being, that at the very least, the corrections department could have acknowledged my stepson, and stepdaughter (and all other family members under the age of 18) who have all been denied the chance to see Max in custody..for nearly 3 years now........guess it goes to show just how much the right hand knows what the left hand is doing............or is it, as i stated before, ongoing injustice/legal politics/corruption ????
Prison authorities seek to stop Max Sica's bid to overturn ruling preventing his daughter visiting him in jail
- Tony Keim
- From:The Courier-Mail
- August 11, 201111:34AM
MAX Sica: seeking a review of ruling which prevents his daughter from visting him in prison. Source:The Courier-Mail
QUEENSLAND prison authorities have applied to "strike out" accused triple murderer Massimo "Max" Sica's application for a judicial review in a bid to overturn a ruling preventing his five-year-old daughter from visiting him in jail while he awaits trial.
The Brisbane Supreme Court was today told Queensland's Department of Corrective Services and the Arthur Gorrie Correctional Centre had lodged an application to throw out Sica's application.
Sica and his wife, Shivanjani Sica, lodged documents in court two weeks ago seeking a judicial review over a decision by Corrective Services and Arthur Gorrie management preventing jail-house visits by their daughter for almost two-and-a-half years.
The Courier-Mail has learned the move to strike out the application relies on the assertion the Sicas did not request the review within the time required.
Sica's mother Anna became enraged and ranted angrily as she walked from Supreme Court Number 5 moments after the matter was adjourned to a later date.
Sica is accused of killing Neelma Singh, 24, her brother Kunal, 18, and sister Sidhi, 12, more than eight years ago.
The siblings were found dead in a spa at their parents' Bridgeman Downs home on April 22, 2003.
He is also awaiting charges on unrelated sex offences.
Court documents viewed by The Courier-Mai reveal Sica and his wife, who married on December 22, 2008, want their daughter to see the accused killer in a bid to maintain their close father-daughter relationship.
Sica, in an affidavit lodged in court on Monday, said: "I have not been allowed to see my daughter (name withheld) or any of my other children since I was imprisoned on or about December 29 2008."
"When I was jailed I had made numerous verbal requests for access to see my daughter's (sic) and was advised by staff at Arthur Gorrie Correctional Centre (at Wacol, west of Brisbane) that I was unable to as I had been charged with sex offences."
Sica said he had the "full support" of his wife, Shivanjani, and was seeking a judicial review in the wake of legal advice he received in February.
"For the last two years and five months I have been refused access to see my daughter by (corrective services and the Arthur Gorrie officials)," Sica says in his affidavit.
"I have the full support of my wife Shivanjani ... in this matter to see my daughter in order to keep a continuing relationship with my daughter as her father."
A date has yet to be listed for the review.
On April 21, Shivanjani Sica - speaking publicly for the first time since her husband's arrest for the Singh murders - told The Courier-Mail she wanted his trials dealt with promptly.
Mrs Sica, reading from a prepared statement, said: "My husband Massimo (Max) Sica has been in custody ... charged with alleged rape and sex offences involving an underage girl and the triple murder of the Singh siblings."
"He is pleading not guilty on all charges.
"Despite Max being charged with these offences in October 2008 - prior to his arrest for murder - he is yet to face trial for the sex charges."
Mrs Sica said she, on behalf of Max, had instructed lawyers to "do everything" to bring on the trial for the sex offences as soon as possible.
"Max's family and I believe that trial for these sex related offences has been unnecessarily delayed," she said.
Lawyers for Sica earlier this month told a Supreme Court judge they believed police continue to prolong the more than eight-year investigation.
Barrister Sam Di Carlo said he could not longer afford to represent Sica on a pro bono basis - meaning for no fee.
Justice John Byrne said he had real concerns that Sica would now have to represent himself.
Mr Di Carlo complained that it would not be possible for anyone to be ready if the police kept producing new material in the case and "dropping it" on defence lawyers.
"When is the investigation going to stop? It is impossible for us to prepare a trial plan when we keep having new material given to us," Mr Di Carlo said.
Sica's murder trial is likely to begin early next year.
No comments:
Post a Comment