Wednesday, March 11, 2009

Justice and Australian women & children trapped overseas by domestic violence & systemic & judicial failures & discrimination

Relevant Information from the Milgaard Inquiry Judge’s Summary of Findings and Recommendations

Inquiry Report available at www.milgaardinquiry.ca

Chapter 7 Summary Findings and Recommendations


61. The combination of legal error respecting the application of s. 9(2) of the Canada Evidence Act and Chief Justice Bence’s impatience respecting the evidence given by Nichol John at trial probably contributed to the wrongful conviction of David Milgaard. (One example of judicial or legal error in our case was that the judge knew evidence from the justice department misrepresented evidence from a counselor, so the judge decided that the counselor was not sufficiently expert regarding domestic violence -despite thirty plus years as a counselor and co-authoring a book on abusive relationships - instead of dealing with the discrepancies between what the justice department employee quoted the counselor as saying and the counselors own testimony of what she said she told him and the information she had shared and her concerns the judge made a choice to ignore/disregard the counselors evidence in preference for the justice department employee’s evidence which contradicted what the judge heard directly from the counselor .)

70. Linda Fisher’s 1980 statement to the Saskatoon Police did not receive the attention it deserved. (The provincial and federal justice departments and governments did not investigate or respond appropriately to information received in writing directly from a doctor, social worker with a justice department funded domestic violence program, counselor, pre-school teacher or myself that information used at the trial and presented by the justice department’s family law division employee misrepresented information that had been shared regarding the violence my children and I had experienced and these professionals concerns for our safety and well-being.)

96. The criminal justice system failed David Milgaard because his wrongful conviction was not detected and remedied as early as it should have been. (Despite overwhelming evidence of problems and lack of adherence to protocol and standards of practice in our case that we presented to the justice system they refused to appropriately investigate, deal with or remedy this situation and the problems.)

97. The conviction review system in Canada is reactive and places too heavy an onus on the wrongfully convicted. The successful remedying of a wrongful conviction depends upon the wrongfully convicted person being able to identify credible grounds to challenge the safety of the conviction and convince the federal Minister of Justice that the conviction warrants a further review by the Court. In practice, only those grounds advanced by an applicant are investigated. (I did not have the necessary resources, knowledge, safety or support to identify all the grounds to challenge the process and problems.)

98. The conviction review system in Canada is premised on the belief that wrongful convictions are rare and that any remedy granted by the federal Minister is extraordinary. Change is needed to reflect the inevitability of wrongful convictions and the responsibility of the criminal justice system to detect and correct its own errors.
(There is no provision by the justice department to deal with any problems with a custody and access report prepared by their staff – it is assumed it would be accurate, correct, follow their protocols and standards of practice and be credible, so there is no process for review, discussion or bringing evidence to the contrary.)

99. A wrongfully convicted person should not bear the responsibility of investigating his own conviction in order to identify all grounds needed to support a remedy. It is beyond the means and abilities of most wrongfully convicted persons to do so, because they are usually not in the best position to identify credible grounds in a timely manner. (Despite the fact that the justice departments own employee had caused the problem I had the sole responsibility of using my own resources and whatever support and assistance I could obtain to investigate this and try and bring the necessary information to the justice department in a way they deemed acceptable. I did not have the means or ability or safety to do this and the justice department did not facilitate this.)

100. In the case of David Milgaard, the onus of identifying credible grounds in a timely manner was a heavy one that was simply beyond the means and abilities of Milgaard and his supporters. They investigated his conviction for eight years before they filed an application for review with the federal Minister, relying on two grounds that were quickly determined to have no merit. (“Justice delayed is justice denied”.)

101. If an independent agency such as the United Kingdom’s Criminal Cases Review Commission had been in place to investigate David Milgaard’s case, it is likely, with its proactive methods and expertise, that credible grounds would have been identified much earlier than they were, even though Milgaard had not raised them. (As there was no independent organisation to hold the justice department accountable the department did as they wished – which was to not deal with or appropriately investigate the situation.)

102. The federal Minister of Justice should not be the gatekeeper to determine whether an alleged wrongful conviction should be returned to the Court for further review. The involvement of a federal politician in the review of individual cases of alleged wrongful conviction invites public advocacy and accusations of political influence. The office of the federal Minister, identified as it is by the public with prosecutions, and being occupied by a political figure, does not lend itself well to the adjudication of issues which arise in the judicial system and are to be returned there. (People who were a part of the justice department and government and had a vested interest in not dealing with these issues were the gate-keepers and refused to deal with these issues. Public advocacy is not safe for women and children who have experienced domestic violence.)

103. As long as responsibility for conviction review remains with the federal Minister of Justice, there will be the potential for political pressure and public advocacy to play a role in the decision making process, or, at the very least, for the perception to exist that the decision can be so influenced. The conviction review process must not only be truly independent, it must be seen to be independent. (Dealing with the justice department to try and get a credible review was not an independent or accountable process nor could it have ever appeared to be independent, when we asked for out of province and Australian experts to be involved the provincial justice department refused to have them involved.)

***
The five women mentioned in the Family Service Bureau letter (quoted in “Situation Synopsis” on the online resource/blog I created www.womenwhowant2gohome.blogspot.com ), “Jane” and I all had supposedly good lawyers who we paid many thousands of dollars to for legal assistance and advice (I spent over $100,000 on lawyers, experts for court etc). None of us could find a lawyer who would speak up about the injustice of having an assessor – in our case a Justice Department employee- misrepresent information in court about the abuse we experienced -unlike David Milgaard whose lawyer at times worked pro bono for him and spoke up publicly about the problems in the justice system. We will never experience justice if the Australian government, legal experts and others won’t immediately assist and advocate for us, as the provincial and Canadian governments and justice departments have shown their commitment to supporting and keeping secret these human rights and justice violations against Australian women and their children.

It is impossible for us to hold the Canadian and provincial government and justice systems accountable (as can be seen from the findings from the Milgaard Inquiry) and everyone is aware of this. For the Australian government to continue to tell us, and I don’t know how many other Australian children and women in similar traumatic, unjust and unsafe circumstances, that it has no ability to “intervene” is to condone violence and human rights abuses against Australian children and women and is deliberately discriminatory when the media, politicians and advocates have made us all aware of the many Australians overseas experiencing difficulties and legal or justice problems that the government has intervened for and provided legal assistance, consular assistance and other resources to ensure their safe and prompt return to Australia. Why should we deserve the same or be expected to accept any less?

The theme for International Women’s Day, March 8th 2009 was “Women and men united to end violence against women and girls”. “The only thing necessary for evil to prevail is for (supposedly) good men to do nothing” Edmund Burke

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Sunday, March 08, 2009

International Women's Day

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What does International Women’s Day mean in Australia and for Australian women? What are we celebrating?

Sue Conde, United Nations Development Fund for Women (Australia) informs us that this years International Women’s Day theme is “women and men uniting to end violence against women and girls”…

Why do we celebrate International Women’s Day but refuse to ask why Australian women and their children in foreign jurisdictions who experience domestic violence and systemic and judicial discrimination, failures, inequities and inadequacies that deprive them of the safety and justice they need and deserve do not receive any of the compassion, support, advocacy or assistance that the Australian government, organisations and advocates provide other Australians in difficult circumstances in foreign jurisdictions receive?

Why is it acceptable to politicians, academics and advocates that the Australian government condones violence, discrimination and injustice against Australian women and children in foreign jurisdictions by providing financing to these jurisdictions - despite extensive information and documentation regarding these jurisdictions use of resources to deny Australian children and women the safety and justice they need and deserve?

How can we celebrate International Women’s Day and talk about our collective responsibility to eradicate violence and discrimination against women while so many public servants, leaders, politicians, academics and others choose the narrowest possible definitions of their positions and appointments so as to claim they do not have the opportunity, ability or responsibility to assist or even speak publicly about these experiences of violence, injustice, human rights abuses and discrimination that have traumatised Australian women and their children?

What does International Women’s Day mean when Australians who have chosen to commit known crimes or participate in known dangerous activities receive government intervention and consular assistance in foreign jurisdictions but Australian women and their children who been the victims of the crime of domestic violence and systemic and judicial failures and discrimination are told the government cannot intervene and they have to deal with the situation on their own?

Why does the Australian government then reward foreign jurisdictions that use their resources to deny Australian women and their children justice and safety human and condone these human rights and justice violations by financing these foreign jurisdictions? And how is this related to our acknowledgement and celebration of International Women’s Day?

Why will none of the politicians, academics, advocates, legal experts and organisations who so publicly insisted the government ensure David Hicks human rights and right to “judicial fairness” and was brought home to Australia, ignore these Australian women and their children when they beg them to ensure their human rights and similar right to “judicial fairness”? Why does no one publicly question this – and what does this mean when these same politicians, academics, advocates, legal experts and organisations “celebrate” International Women’s’ Day while keeping these secrets?

If so much effort is so successfully expended to keep these issues regarding Australian women’s lived reality out of the public discourse and unaddressed, then what other issues and experiences of discrimination, inequity, human rights and justice violations against Australian women are ignored and kept secret?

So, what are we celebrating on International Women’s Day?

What does International Women’s Day mean in Australia when it is privately stated that “female politicians will not speak up about these issues for fear of backlash” but this is never publicly discussed or questioned?

What does it mean to acknowledge International Women’s Day in Australia when Australian government and non-government delegates to international meetings such as this month’s United Nations 53rd Convention on the Status of Women ignore Australian women in these traumatic, dangerous, unjust and discriminatory situations and refuse to provide them any support, assistance or advocacy or even bring these issues into the public discourse?

What are we celebrating on International Women’s Day when women’s groups say they can’t speak up about these issues of the government refusing to assist Australian women and children who have experienced domestic violence and systemic and judicial failures because if they did so they would lose their government funding?

What does it mean in Australia to celebrate International Women’s Day when state and federal government appointed council’s who will influence policy on violence against women accept terms of reference that specifically preclude addressing or sharing any information about these issues, despite being personally approached by women begging for assistance and support? What does it mean that these government appointed bodies not only keep these traumatic realities and injustices against Australian women secret but are also choosing to withhold this information from all other Australian women to protect them from a possible similar traumatic experience?

What are we celebrating on International Women’s Day when domestic violence academics refuse to provide any assistance, advocacy or support, but appropriate for their personal teaching purposes information sent in confidence by women begging for assistance? What are we celebrating for women when domestic violence academics and advocates are aware of but do not question or censure their colleague’s behaviour?

What does it mean on International Women’s Day that the same media, who keeps the secret of this violence and injustice against Australian women and their children, celebrates and quotes the politicians, academics and advocates they know are also keeping the secret? What does it mean that the media refuses to make public any of these issues – even to warn Australian women about these dangerous, traumatic, unjust and discriminatory possibilities!

What does it mean when federal ministers make a joint statement regarding Australia signing the Optional Protocol on the Convention on the Elimination of Discrimination Against Women (CEDAW) that will come into effect by International Women’s Day this year but neither of them will assist or advocate for Australian children and women who have experienced violence and injustice in foreign jurisdictions or believe these innocent and vulnerable Australian women and their children deserve any of the government compassion and assistance provided to other Australians overseas, including those that have chosen to participate in known dangerous and illegal activities?


What does it mean for Australian women as they “celebrate” International Women’s Day when popular women’s magazines who interviewed the prime ministerial candidates during federal electioneering and reported both these men’s supposed “zero tolerance” of violence against women and children withhold information from all their female readers that neither of these men will provide any assistance to Australian women and children who are begging for safety, support and justice and the opportunity to return to their families in Australia after experiencing domestic violence and judicial discrimination and inequities in foreign jurisdictions?

Will our current Prime Minister being making a public statement on International Women’s Day regarding his and his governments commitment to women’s equality, human rights and right to freedom from violence and discrimination? Will he then explain why despite having the time, resources and inclination to attend many cricket games he has not had the time, resource or inclination to respond to communication and extensive documentation regrading Australian women in desperate need of government assistance to deal with the violence and injustices they have experienced in foreign jurisdictions?

What are we celebrating about International Women’s Day when the domestic violence sector not only refuses to provide any support, assistance or advocacy for Australian women and their children who have experience violence and injustice overseas, but also refuses to use the information provided to protect other Australian women from a similar trauma or even publicly question the governments intervention for other Australians overseas while ignoring these innocent and vulnerable Australian women and children?

What does it mean to use public resources to promote and celebrate International Women’s Day when academics and organisations that also receive public funding refuse to use their resources and opportunity to speak out about these issues and withhold this information from the public who funds them?

What are we celebrating on International Women’s Day when women, who with their children have been traumatised by domestic violence and judicial and systemic discrimination and failures, beg for safety and justice and are told they need counselling or a psychiatrist instead? Why are women made feel there is something wrong with them instead of anyone speaking up and doing something about what is wrong with the abuse, injustice and discrimination these women and their children have experienced?

What does it mean when we celebrate International Women’s Day and refuse to discuss these issues and human rights violations against Australian women and their children?

What does International Women’s Day mean to you?

Happy International Women’s Day!

Wednesday, February 04, 2009

A Childs Story - "Emily Feels Left Out"

My Child’s Story - Emily Feels Left Out


Let me tell you about Emily, who is six years old. One night her mother tucked her into bed. When Emily’s Mom went out of the room the same thing happened that had been happening every night. Emily’s Mom and Dad started fighting. It was Emily’s Dad that was hitting Emily’s Mom. Then without one word Emily’s Dad hit Emily’s Mom. Emily ran into her Mom and Dad’s bedroom and said, “You say sorry to Mommy, right now, Daddy”. Emily’s Daddy didn’t know what to say so he just went out of the room. Emily felt sad for her Mom.

Then Emily’s Mom who was crying said “Emily, I am afraid something sad is going to happen. Your Dad and I are going to separate”.

“What does separate mean Mommy?” said Emily

“It means go apart, not live in the same house together any more. Now I think it is time for you to go back to bed.”

“Good night Mom.”

Emily was surprised that her Mom and Dad wouldn’t live together anymore. Emily was glad her Dad wouldn’t get to hurt her Mom anymore. The next morning Emily questioned her Mom again. Emily said, “Where will we live? Will I still have all my toys?”

“We will live in Duckvillage and you will still have all your toys. Now, quick dear, you don’t want to be late for the bus.”

Emily was feeling sad that her Mom and Dad were going to separate. At recess Emily told all her friends. At school time she told her teacher. After school Emily said, “Where is Duckvillage?” Emily pretended she had forgotten where Duckvillage was because she was frightened and concerned about moving.”

“You know where it is, don’t you Honey” said Emily’s Mom. “It’s where your school is.”

“When will we be moving?” asked Emily.

“We will be leaving in a week. Now it is time for you to go to bed.”

Her Mom and Dad started fighting. This time Emily’s Mom said “We are going out of this house right now!” She took Emily out to their family car and drove until she could drive no more. Then she went to sleep. In the morning they went back to the house and Emily went to school.

At recess all of Emily’s friends came running to say, “You did something wrong! You did something wrong!” Emily began to cry. Emily felt left out. On Emily’s bus nobody wanted to sit next to her.

In the morning Emily told her Mom that she thought that it wasn’t fair that she was the only one in her class that had their Mom and Dad apart. Her Mom agreed.

The next day Emily’s Mom asked if she had any more questions. Emily asked if she did anything wrong.

“No, you did not do anything wrong. I love you just the same way you are. It is time to go to bed.” Then Emily asked her Mom if anybody was going to help them move.

“Yes, Amanda’s family is going to help us move.”

After breakfast the next day Amanda’s family came to help move. At Emily’s house Amanda said, “I’m sorry that I said you did something wrong. Know what? My Mom and Dad are fighting too. My Mom told me that we are going to move.”

“Where are you going to move to?”

“We are going to Duckvillage,” said Amanda.

“What street are you going to live on?” asked Emily

“We are going to live on Dinosaur Street,” said Amanda.

“That’s the same street I’m going to live on”, said Emily excitedly.

“Great!” squealed Amanda and Emily.

“Well then lets get moving,” said Amanda.

 1996 Written by my eldest child for a writing competition when they were in second class and published with other selected entries in the Teachers of English Language Arts publication.

***

When my child wrote this story for a writing competition they wanted to enter I was amazed and heart-broken for them at the things they remembered and was able to articulate. When tehy had first shown interest in this competition and repeatedly asked me what they should write about I had unthinkingly tried to encourage them to bring the best of their self and their writing skills to this creative project by saying “Sometimes we write the best stories when we write about something we know about” (having twice travelled to Australia they had previously written a delightful story about a homesick kangaroo who was living overseas and when the kangaroo came home all the kangaroos and koalas came out to welcome them home, they had included details about luggage belts, plane food etc).

I had hoped my children were young enough that they might not have noticed or remembered some of the things that had precipitated the children’s and my move.

This sensitive and intelligent child was able to imagine and articulate what would have made a difference for them – a friend who understood them because their family was in the same situation. It was a long time before they were to benefit from such friendships, developed in a support group for children who had witnessed domestic violence.

Until then, my children and I had to survive a very conservative, rural community where there was limited compassion or acceptance for a foreigner who left one of their own well known family’s sons.

This story was used by counsellor’s to help other children and in a provincially funded educational audio-visual production regarding leaving situations of domestic violence – “How Then Shall We Live: A Process for Developing a Plan to Escape Abusive Relationships” (partly funded by the Justice Department) but the Justice Department employee who was appointed to conduct court a Custody and Access Assessment with specific instructions to investigate any evidence of domestic violence did not mention this or their attendance at the Child Witnesses to Domestic Violence Support group and refused to speak with the counsellor who operated that group. Instead he implied I had written the story.

For reasons no one has been able to explain to me, my children's rights to "judicial fairness" and government protection, advocacy and intervention have not been publicly defended by any of those who so publicly and avidly demanded government response and responsibility for David Hicks.



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Take care ... take heart ... Merinda

Sunday, January 18, 2009

Ethics in journalism ...

Letter I sent to the Sydney Morning Herald and The Sun-Herald editors, which has been ignored.

To The Sydney Morning Herald/ The Sun-Herald Editor,
Re: article The Sun-Herald …
***
Ethical choices!

After reading Ms … article … my heart goes out to all “Sharon’s”, to all women who are desperately trying to find ways to “speak their truth” and are being ignored and/or ridiculed, courageous women such as those speaking out about their treatment when experiencing the devastation of a miscarriage in our hospitals, those long ignored women who tried to get someone to listen to them when they talked about the “Butcher from Bega” and his maltreatment and mutilation of women. Who will speak up about the injustices and traumas women still experience? Who will respect and support women and allow them to speak their “truth”?

Ms … does not inform us what issue Sharon had contacted her in regards to, but the issue I brought to Ms … attention in April 2008 was the situation of Australian women and children trapped overseas by domestic violence and systemic and judicial failures. The material I subsequently mailed her clearly described the traumatic experience of two Australian women and their children trapped in a foreign country by domestic violence and the subsequent and devastating systemic and judicial inequities and inadequacies which failed to protect them or ensure they experienced the safety, security and justice they needed and deserved. (Which I have been told by an academic is “not an unfamiliar story”.) The extensive documentation shared not only showed how traumatic and harmful this experience had been for these innocent and vulnerable Australian children and women but also gave contact details for clarifying and verifying the information. These women had been further traumatised by attempting and failing to obtain any assistance for their children or themselves from any Australian authority or the media that had assisted, advocated for, or acknowledged other Australians overseas including David Hicks, Schapelle Corby, the “Bali Nine”, and other innocent Australian victims of violence overseas, such as London and Bali bombing victims.

Part of Ms … justification for refusing “to help” Sharon is her subjective, pejorative, self-serving, and unsubstantiated assessment of Sharon’s “mental state”, which is something I also experienced in my dealings with Ms …. Making the whistleblower the problem and denigrating their “mental state” is a common way of negating those who are trying to “speak truth to power” as whistleblowers. Noticeably Ms … did not denigrate and negate Baz in this way in her article. Nurse Toni Hoffman also experienced this form of backlash when she tried to bring attention to Dr Jayant Patel’s actions in Queensland, a situation that similarly to domestic violence was resulting in great harm and the death of innocent and vulnerable people.

How many other women besides Sharon and myself have contacted Ms … because like me they read her articles in The Sun-Herald, or because like me they read the information on her website and believed that as a “feminist”, and “ethicist” she found violence against children and women unacceptable? What would Ms … have hoped or expected if she was either Sharon or me and we had the privilege, power, safety and opportunity that she has and we had chosen to publicly ridicule her while keeping the secret of her concerns, including domestic violence, when she had asked for our assistance?

Ms … conceptualises ethical choices in an either/or framework, I would like to emphasise that it is about “choice”! It is not an either/or situation, we can hold dear our personal relationships “and” make choices to role model social responsibility to our children and speak up about life and death issues! In the many months since I shared information with her, Ms … has had many, many weeks of writing articles and making choices in regards to time with family and for her relationships. Unlike the deadly fire and choice scenario she describes in her article, the choices she writes about actually having to make in regard to her family relationships are things such as attending her “child’s school play”.

Also like Sharon, in her contact with me Ms … attempted to portray me as someone who wanted “rescuing”. Unlike Ms …, I do not see women and children who have experienced domestic violence as pathetic victims who need “rescuing”. Women and children who have experienced the trauma and injustice of domestic violence are human beings who need and deserve human rights, safety, security, justice, support and advocacy! (Which is what I believe most women would hope for and expect if they had the misfortune to be the victims of domestic violence and systemic and judicial failures - or is Ms … the exception to that reasonable expectation?)

In her book The Ethical Imagination: Journeys of the human spirit. (Melbourne University Press 2006), Australian ethicist Margaret Somerville, in a chapter titled “Past Virtues for a Future World: Holding our humanness on trust”, mentions “hope” as one of the “human qualities” that she believes “will be essential in taking ethical paths into our human future.”(p 208) The five “old virtues” Margaret Somerville considers essential for these “ethical paths” and our future are “trust, courage, compassion, generosity and hope” (p 208), none of which I experienced in Ms … article.

If it was a life and death issue for Ms … child (as domestic violence has been shown to be for far too many children and women), I would miss my child’s school play – and have missed much, much more in all my children’s lives because Ms … is not the only person who calls themselves an “ethicist”, “journalist”, or “feminist”, not the only person who has privilege, power and opportunity, and chooses not speak up for and with children and women who have experienced domestic violence.

So Ms … , even though you have made it clear that you would not even miss your child’s school play to save my or anyone else’s child or any woman from the traumatic and too often fatal experience of domestic violence - I would miss much if it meant saving your or any other child’s life and contributing to them having a future free of violence and abuse, and as you know from the extensive material shared with you, I have already given up much to try and create a better and safer world for all women and children – you and your child included!

“The only thing necessary for evil to prevail is for good men to do nothing” Edmund Burke.

“Our lives begin to end the day we become silent about things that matter” Martin Luther King Jnr

Name withheld for safety considerations

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(Name and contact details supplied …)

Dear Editor,

To have read the posted list of people I have asked for assistance on my online resource/blog www.womenwhowant2gohome.blogspot.com which Ms … was made aware of in April 2008, Ms … would have seen and have made a choice whether to read or ignore the adjacent posts “Situation Synopsis” and “To Whom It May Concern”.

Sincerely
(Name)


Despite a phone call to the editor from a highly respected academic who validated my information and recommended printing of my letter, and a letter to both the editor and Ms ... from a friend of mine the paper chose to ignore all of us and did not print either of the letters, comment in print, contact my friend or me.

Robin Bowles, quoting Graham Archer (Today Tonight, Channel 7, Adelaide) in her book Rough Justice: unanswered questions from the Australian courts (The Five Mile press Pty Ltd 2007)…

The biggest threat to a properly informed public is the existence of media monopolies. Competition for the alternative view is essential to a properly functioning democracy. I believe there are times when the media should take a stand on issues of public interest and in particular, the accountability of our public authorities. Almost all of the miscarriages of justice that have been successfully resolved have had some form of media presence behind [the campaigns]. In some cases they have only been successful because of the pressure the media has brought to bear. In this sense, the media has a role to play beyond being just a passive and neutral information source.” P. 165

Take care ... take heart ... Merinda

Monday, January 05, 2009

Correspondence sent begging for assistance before Christmas ... and still not answered ...

Ms ...
Department Foreign Affairs & Trade
....@dfat.gov.au

Dear ...,

Congratulations on your informative and entertaining address at the recent ... It’s great to have someone young and enthusiastic who grew up in ... come back to encourage and inspire local students. (Whilst I remember you from school, you might not remember me as I am a few years older than you, one of my ..., was in the same grade as your ...)

The reason I am contacting you is in connection with something you mentioned in your presentation - support and assistance to Australian citizens overseas (as well as the information you shared during your address at the recent ..., your mother had previously told me a story in connection with your visits to Australian victims of the London bombing while they were still in hospital in London) and the traumatic and desperate situation of Australian children and women trapped overseas by domestic violence and systemic and judicial abuse.

On behalf of my children and myself, and another Australian women, “Jane” and her children, I am begging for assistance, support and advocacy for us as Australian women and children trapped overseas by domestic violence and systemic and judicial abuse to ensure our safety, security and access to justice, so that we can all be safely home in Australia with our families as soon as possible, from anyone who believes that Australian children and women deserve safety, security, support and judicial fairness, especially in circumstances involving domestic violence.

This situation has been so traumatic that ... attempted suicide and I still cannot get any assistance. I am extremely concerned for my children’s welfare, wellbeing and safety, my wellbeing and safety, the wellbeing and safety of the other Australian woman and her children mentioned above and all other children and women in this traumatic situation.

My priority is for my children and I and “Jane” and her children to be safely home in Australia with our families immediately, and for others in similar traumatic circumstances, who are unknown to me, to also receive immediate assistance and intervention - to provide the safety and justice we have been denied for so many years.

As I have now used all my resources to fight the systems that should have protected us, to advocate for us and to try and sustain myself through this ordeal I no longer have the resources, finances or hope to continue unassisted, I continue to be concerned about our safety and wellbeing, and my personal possessions still in Canada in a rented residence and important stored documents still in Canada. Up until now the government has chosen to ignore our traumatic situation and refuse us the support and compassion so readily available to so many other Australians in traumatic, dangerous or even criminal difficulties overseas but we need and deserve support and assistance immediately.

A recent joint Australian Government Media Release, “Australia comes in from the cold on Women’s rights” dated 24/11/2008 from the Minister for Housing and the Minister for the Status of Women, Tanya Plibersek, and Robert McClelland, Attorney-General, announces the government is acceding to the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and states “Becoming party to the Optional Protocol demonstrates our commitment to the promotion and protection of the rights of women, both at home and abroad”. The media release goes on to say “It will also add credibility to our offers of support to women across our region”. These ministers have the political will and resources to offer support to women in our region but not for Australian women and their children trapped overseas by domestic violence and systemic and judicial abuse. If there was the political will, "Jane" and I and our children could have all been in Australia with our families for Christmas many years ago. There was, after all, political will for government intervention for “judicial fairness” to bring David Hicks home before the federal election and to spend $10 million to rescue Douglas Woods from Iraq within 45 days!

How will it effect Australia’s credibility internationally when it becomes known through my information and complaint that at the time our government was preparing to accede to the Optional Protocol to the United Nations CEDAW convention the same government was refusing to provide Australian women and their Australian children who were trapped overseas by domestic violence and systemic and judicial abuse any of the support, intervention, assistance or advocacy they deserved and needed to ensure they received safety, security and justice?

Refusing us any assistance, support or intervention ignores the dangers faced by women and children when leaving situations of domestic abuse, which we have had many reminders of through the deaths and attacks in our home state New South Wales just in the last twelve months. Refusing to assist us ignores the culture in (province), Canada, a province where a political party was abolished by court order due to corrupt practices while in government, police officers were eventually found guilty of dumping indigenous males on city outskirts where some froze to death and then conducted their own (exonerating) inquiry into these deaths, an innocent young man, David Milgaard, was decided to be guilty of a vicious rape and murder and served nearly thirty years in jail for this crime while the (province)Justice Department refused to respond to or investigate any of the information that would have proved his innocence and spared him many years of abuse and trauma (see www.milgaardinquiry.ca ).

Refusing to ensure we are safe and receive justice ignores the many letters written on our behalf by service providers, a doctor, a social worker, a psychologist, a counsellor and others all concerned about my children’s and my safety and the way information from professionals regarding the abuse we experienced and their concerns was misrepresented by a Justice Department employee in his report and court testimony. Refusing to assist us ignores the letter from a service provider to the (province) Justice Department expressing concern about the number of cases they were aware of where male assessors had disregarded the important and relevant information regarding women and children’s experience of domestic violence.

Refusing to assist us ignores our human rights and right to justice, safety and security. Refusing to address these issues not only deprives us of the safety, security and justice we need and deserve but also continues to leave other Australian women unaware of and unprotected from a similar traumatic experience and ignores the commitments Australia made when acceding to other United Nations conventions Australia is a signatory to such as The Universal Declaration of Human Rights (which Australia had a significant role in developing through Dr Herbert Evatt), the Declaration on the Elimination of Violence Against Women (DEVAW) as well as the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).

Extensive documentation regarding my attempts to obtain safety, security and support for us and deal with the problems encountered in a foreign justice system has been provided to many politicians, government departments, academics and organisations over many years in regards to our situation. This documentation shows professionals (doctor, social worker domestic violence support group, counsellor, heath nurse) concern about the domestic and family violence they believed we had experienced, their ongoing concern for our safety, their recommendation that I have sole custody of my three children and their concern and dismay that their information was misrepresented by a (province) Justice Department employee thereby denying us justice and safety. (See the online resource I created in the form of a blog www.womenwhowant2gohome.blogspot.com for information regarding some of this correspondence, including post “The Perils of Indifference …”, “Further out of view … further out of mind …”, “Dear Mr Prime Minister …”, “A letter to our new prime minister …”, “Waiting and hoping…”.) Further information can be obtained by contacting me, by viewing the online resource I created in the form of a blog www.womenwhowant2gohome.blogspot.com, from the many politicians, government departments, ministers/shadow ministers, academics and organisations this information has been shared with or by contacting Honorary Prof Tony Vinson, who has tried to assist us and been very supportive.

Honorary Professor Tony Vinson
Social Work & Policy Studies, Faculty of Education & Social Work,
The University of Sydney, NSW, 2006
Email: t.vinson@edfac.usyd.edu.au
Ph: 02-9351-6903 Mobile: 0412 035 077 Fax: 02-9351-3783

Or from Dr Peter Jaffe, an international expert on domestic violence who has knowledge of our situation and of Saskatchewan policy and practice, who knows me as being from Saskatoon, Saskatchewan. I can also supply you with the contact details for “Jane” the other Australian woman who with her four children is in a similar traumatic situation in Saskatchewan, Canada.

Dr Peter Jaffe
Director Emeritus
Centre for Children and Families in the Justice System
(formerly the London Family Court Clinic)
London, Ontario, Canada

And

Academic Director
Centre for Research in Violence Against Children and Women
Faculty of Education
University of Western Ontario, London, Ontario, Canada

Ph: 01-519-661-2018
Email: pjaffe@uwo.ca or peter_jaffe@yahoo.ca


The implications for children and women when there is an ethical gap between what is said and what is actually done for children and women who have experienced domestic and family violence are very concerning. Despite begging for assistance from many who say they care about these issues (see post “The Perils of Indifference … ) we have been ignored or excuses found not to assist us - despite the willingness to intervene on behalf of David Hicks, Schapelle Corby, the “Bali Nine”, Australians protesting against the Canadian seal hunt, whales, the last asylum seekers on Nauru, and more recently a Chinese asylum seeker accused of corruption in her homeland. The Attorney- General’s Office, International Family Law section has informed me that as our situation is not a Hague Convention Abduction and is a “civil matter” as opposed to a “criminal matter” then there is no responsibility to assist Australian children and women in foreign jurisdictions who have experienced domestic violence and subsequent systemic and judicial abuse. More recently the reason given for the government ignoring us and refusing to intervene or assist was that this was not of “novel public interest” and that “alleged domestic violence” is a “private legal matter”. Many believed David Hicks (who abandoned his partner, daughter and son to go and fight for the Taliban, an organisation that believes in denying women and girls equality and human rights) deserved government intervention to insist he obtain “judicial fairness” but when we, innocent and vulnerable Australian girls and women, beg for the same assistance, advocacy and “judicial fairness” everyone has many excuses for ignoring us.

If you need a character reference there are many in ... who could provide that, including ..., who have know me since I was born and my parents prior to that, as well as other family friends throughout Australia and if provided with a mailing address I can forward you copies of relevant information and documentation.

As a mother who has lived overseas with her children I am hoping you can understand how traumatic these experiences might be for Australian women like myself who despite pre-wedding negotiations and commitments find themselves in a situation where they and their children are prevented from their expected future life with family, friends, safety and security in Australia. Any assistance, advocacy, suggestions or support would be greatly appreciated.

Sincerely,
...

Sunday, January 04, 2009

Socrates on what makes life worthwhile ...

To Who It May Concern,

I recently came across the following paragraphs …
“…So what makes life worthwhile?
The life and death of Socrates is instructive in answering this question. Socrates himself chose to drink the poisonous hemlock when his fellow Athenians condemned him to death for disturbing the city’s good order by disseminating his beliefs and ethical teachings. He turned down the offer to escape the penalty and leave Athens for sanctuary because he judged that his life would not be worthwhile if he did not do what he believed to be the right thing, and stand by his moral principles publicly. Along with many others throughout history, Socrates demonstrated that that which is most worth living for may also be worth dying for.
The examples of Socrates and other great leaders such as Jesus Christ, Mahatma Gandhi, Martin Luther King, Nelson Mandela, Rachel Carson and Aung San Suu Kyi suggest that the life worth living is one that is lived for a worthwhile reason, one which goes beyond self-interest and ultimately, if necessary, beyond self-preservation. The ethical life then is part of what Peter Singer describes as the ‘great tradition of those who have responded to the amount of pain and suffering in the universe by trying to make it a better place’. ”

Understanding Ethics, Noel Preston (The Federation Press, Third Edition 2007) Chapter One - The Ethical Challenge, P7-8

As a culmination of many experiences I can relate to Socrates thoughts and feelings described above. Despite my best efforts to gain safety, security, advocacy and justice for my children, myself and other Australian children and women trapped overseas by domestic violence and systemic and judicial failures another Christmas has gone by without my children and family ever being able to enjoy this celebration together, another year has ended without me having been able to bring any change to our dangerous and traumatic situation, another year has passed where I have done my best to share information with the those in government and the domestic violence “industry”, who despite the life and death consequences for children and women, and despite having the power, privilege and influence to demand and provide safety, security, justice and advocacy for children and women who have experienced domestic violence, refuse to assist us.

Over many, many years I have tried to remain hopeful and set worthwhile goals to believe in and work towards, tried to visualise safe, positive outcomes for my daughters and myself where we get to participate in collaborative, creative and meaningful activities together …sometimes to hold on to hope I imagined my daughters and I presenting to the United Nations … my eldest daughter and I have already presented together on the issues of family and domestic violence giving the last class to my University sociology class where she read her story “Emily Feels Left Out” and I showed the documentary I was involved with, “How Then Shall We Live: A Process for Developing a Plan to Escape Abusive Relationships”, and encouraged the students to expect respectful relationships in all area of their lives (see post “On being a student … and being a teacher” at www.womenwhowant2gohome.blogspot.com the online resource created in the form of a blog) … sometimes I just dreamt of us having fun together with my family in Australia (See posts “I have a dream..” and “Letter to the Prime Minister”, on my online resource/blog, as well as “Hope…”, “The Perils of Indifference…” and “Further out of view … further out of mind …” )

Even the most cursory glance at the list I have compiled of Australians I have contacted begging for assistance, support, advocacy, care and compassion for Australian children and women trapped overseas by domestic violence and systemic and judicial inadequicies and inequities posted on my online resource/blog) will show how strategic I have attempted to be in whom I researched and selected to share information with and beg for assistance for myself and my children, the other Australian woman and her four children who had a similar traumatic experience in the same foreign jurisdiction - and all Australian children and women in similar traumatic and dangerous circumstances. The individuals and organisations listed include those many would recognise as having made public statements regarding their personal “zero tolerance” of violence against women and children, children and women’s right to safety, and our collective responsibility to provide children and women who have experienced domestic violence with the safety and justice they need and deserve.

Many would be familiar with some of these people’s very public and adamant insistence that the government was responsible for intervening on behalf or David Hicks (who chose to go overseas to support the Taliban, an organisation that believes in denying women and girls their human rights) and ensuring he experienced “judicial fairness”. These individuals and organisations have had many opportunities to, as Peter Singer describes, be part of the “great tradition of those who have responded to the amount of pain and suffering in the universe by trying to make it a better place” by assisting and advocating for us, and instead have chosen to keep the secret of this violence and injustice against children and women. Not only have these individuals and organisations ignored my pleas for support and assistance, but also have not used the information I have provided to prevent any other Australians experiencing a similar trauma.

All it would take is for those who “say” they find violence against children and women unacceptable to actually “do” something, for someone to speak up publicly in a way that would bring us safety while protecting our privacy, to bring these traumatic lived realities and issues into the public discourse, to encourage others to ask why this is allowed to happen to children and women and publicly advocate for and with us to make it safe for us to “speak our truth”.

Every day of not being able to protect my children is like a dose of poisonous hemlock; every day of not being able to get anyone to respond to my desperate appeals for assistance is toxic to my soul and spirit.
Experiencing domestic and family violence is very traumatic, experiencing systemic and judicial injustices is very traumatic, discovering that your country and government will not provide assistance for innocent and vulnerable Australian children and women is another indescribable traumatic experience.

As Australian children and women trapped overseas by domestic violence and systemic and judicial failures are denied any assistance, support or compassion from Australian authorities, (unlike Australians overseas who choose to participate in criminal activities such as drug trafficking or Australians who are victims of other forms of violence) and are told we have to deal with this unjust and unsafe situation in a foreign country on our own, after the many years of fighting the systems that should have protected us, I no longer have the resources to continue. I no longer have the hope, capacity, finances or resources to continue to advocate for us or to continue to believe in a better, safer future for us. I am desperately concerned about my children, myself, the other Australian woman mentioned in my online resource/blog and her children’s safety and wellbeing, my personal possessions and documents, none of whom or which I have any resources or ability to advocate for or try to protect any longer.

Without immediate provision of compassion, resources, advocacy and support for my children and myself to obtain the safety and justice we need and deserve I can no longer do what I “believed to be the right thing” and speak up for our human rights, and there is no possibility of a “worthwhile” or “ethical life”- which is as intolerable a concept for me as it was for Socrates.

“Merinda”
www.womenwhowant2gohome.blogspot.com

“The only thing necessary for evil to prevail is for (supposedly) good men to do nothing.”
Edmund Burke (Statesman and political thinker)

Ask and you shall receive ... those I have begged for assistance ...

Australians I have begged to provide assistance, support, advocacy, care and compassion for Australian children and women trapped overseas by domestic violence and systemic and judicial failures …

Compiled December 2008,
**

Those I have begged for assistance include, but are not limited to, the following mentioned individuals and organisations - see also www.womenwhowant2gohome.blogspot.com letters and posts such as “The Perils of Indifference …”, “Further out of view ... further out of mind…”)

As I had tried my best to be as strategic as possible on our behalf this list includes those who:
- are considered “domestic violence experts” and advocates
- are offered and accept positions and opportunities of power, privilege and influence in the domestic violence sector/industry
- in their political/public life have made pubic statements condemning violence against children and women
- publicly advocated for and supported David Hicks (who left his partner, daughter and son to go and support the Taliban, an organisation that believes in denying women and girls their human rights) and demanded government intervention and advocacy to defend Mr Hicks human rights and insist Mr Hicks receive “judicial fairness” and be safely and immediately returned to Australia
- are considered human rights experts and advocates
- are considered defenders of social justice, responsible and ethical governance
- have used their media role/relationships to speak up about justice, human rights, violence against children and women and women’s issues

Information regarding my communication/contact, by phone, fax, email or mail, with these individuals and organisations can be found in my journal/diary, daily planner, note books where I kept mail details, Post Office receipts and express post tracing numbers, contact management file, mobile phone records, email account, copies of letters, emails, faxes and responses.
**

Dr Meredith Burgmann- former NSW Legislative Council President, self professed “political agitator and international busybody”, “The Ernies” organiser, contributor to “Ethics and political practice: perspectives on legislative ethics” edited by Noel Preston ad Charles Sampford with C-A Bois, Routledge Studies in Governance and Public Policy series, The Federation Press, 1998

Dr Leslie Cannold – Moral Maze, Sun-Herald, ethics website

Eva Cox – Women’s Electoral Lobby, University of Technology, Sydney

Susan Mitchell – journalist, author, “The Scent of Power: on the trail of women and power in Australia” Angus & Robertson, 1996

Anne Summers – Women’s Adviser to Prime Minister Bob Hawke, journalist, author, “Damned Whores and God’s Police”
**

Dr Lesley Laing – Senior Lecturer in Social Work, The University of Sydney, formerly Director of the Education Centre Against Violence, established Australian Domestic and Family Violence Clearinghouse, recently appointed Deputy Chair, The Premier’s Council for Preventing Violence Against Women (I had also applied for a position on this council but was rejected), co-organiser/co-host “Towards Better Practice: Enhancing collaboration between mental health services and women’s domestic violence services” where the known suicide of women and children after leaving situations of domestic violence where these children and women had not been assisted or protected and had then also experienced systemic and judicial abuse was discussed.

Associate Professor Jude Irwin – Social Work, The University of Sydney, co-organiser/co-host “Towards Better Practice: Enhancing collaboration between mental health services and women’s domestic violence services” where the known suicide of women and children after leaving situations of domestic violence where these children and women had not been assisted or protected and had then also experienced systemic and judicial abuse was discussed.

Prof Cathy Humphreys, Andrew Felton Chair Child and Family Welfare, University of Melbourne, guest speaker “Towards Better Practice: Enhancing collaboration between mental health services and women’s domestic violence services” where the known suicide of women and children after leaving situations of domestic violence where these children and women had not been assisted or protected and had then also experienced systemic and judicial abuse was discussed and at which event Prof Humphreys informed me “female politicians will not speak up about these issues for fear of backlash” and “the government won’t do anything unless the media embarrasses them into it”. In a later correspondence Prof Humphreys informed me “The story you tell is not unfamiliar” and went on to say she would use the information I mailed her begging for her assistance (marked confidential) for “teaching purposes” but once again would not provide us with any assistance, support, suggestions or advocacy.

Thea Brown – Monash University, “Child Abuse and Family Law”, Allen & Unwin, 2007

Prof Dorothy Scott – Director, Australian Centre for Child Protection, University of South Australia

Dr Eileen Pittaway, University of New South Wales

Prof Chris Goddard – National Research Centre for the Prevention of Child Abuse, Monash University

Prof Paul Wilson – Faculty of Humanities and Social Sciences, Bond University

Patricia Easteal – Adjunct Professor in Law, University of Canberra, author “Real Rape, Real Pain: Help for women sexually assaulted by male partners”, “Less than Equal: Women and the Australian Legal System”, “Balancing the Scales: Rape, Law Reform and Australian Culture”, “Shattered Dreams, Marital Violence Against Women: The Overseas-born in Australia”

Regina Graycar, Professor of Law, University of Sydney

Prof Freda Briggs, Division of Education, Arts and Social Services, University of South Australia

Dr Meg Smith – Associate Professor, School of Social Sciences, University of Western Sydney

Dr Sarah Maddison, Senior Associate Dean, Faculty of Arts and Sciences, University of New South Wales, (see also online Leadership for Women www.leadershipforwomen.com.au )

Dr Ilsa Evans – PhD on the long tern effects of domestic violence, author “Broken”

Marie Hume – NAFCC National and International coalition of organisations formed to advocate on behalf of women and children in Family Court system with concerns about domestic violence and child abuse

Prof Elspeth McInnes – domestic violence advocate, researcher

Mary Crawford- Queensland University of Technology, research “Gender and the Australian Parliament”

Prof Linda Briskman – former head Australian Council of Heads of School of Social Work, human rights advocate

Prof Michael Flood – White Ribbon Ambassador

Prof Richard Henry & Prof Les Field – University of New South Wales, Ethics Committee

Justice James Wood, Special Commission of Inquiry into Child Protection in New South Wales

Prof John Dewar- Griffith University, wrote letter on behalf of Family Law Council concerned changes to Family Law Act did not protect children and women who had experienced domestic violence

Prof Margaret Alston, Charles Sturt University, 2008 Australian Government delegate to the United Nations 52nd Convention on the Status of Women
**

Australian Domestic and Family Violence Clearinghouse - Rochelle Braaf, Gaby Marcus, Claire Sneddon

UNIFEM

WESNET (Women’s Emergency Services Network)

South Brisbane Immigration Legal Services

White Ribbon Campaign – Warren Mundine, Andrew O’Keefe, Dr Tanveer Ahmed

National Council for the Reduction of Violence Against Women and Children
- Heather Nancarrow, Queensland Centre Domestic & Family Violence, Central Queensland University
- Rachel Kayrooz, Shout Speak Out! Brisbane
- Lisa Wilkinson, TODAY Show
- Andrew O’Keefe, White Ribbon Campaign & SUNRISE Show
- Vanessa Swan, Yarrow Place Rape & Sexual Assault Centre, Adelaide SA
- Dr Melanie Keenan, Australian Football League, Melbourne
- Dorinda Cox, Aboriginal Liaison Officer, Sexual Assault Resource Centre, Subiaco, WA
- Maria Dimopoulos, MyriaD Consultants
- Libby Lloyd OAM, former president UNIFEM, Board Member White Ribbon Campaign
- Associate Professor Moira Carmody, member of the Social Justice and Social Change Research Centre University of Western Sydney, foundation member NSW Premier’s Council for Women
- Pauline Woodbridge, Chair WESNET (Women’s Emergency Services Network)

Y.W.C.A

Betty Green – NSW Domestic Violence Committee Coalition, NSW Premier’s Council on Preventing Violence Against Women, NSW Domestic Violence Homicide Review Team

CHILDWISE

Women’s Refuge Movement Resource Centre, Sydney

(Home community) Domestic Violence Court Advocacy Services

(Home community) Women’s Refuge

International Social Work Society

Australians attending world conferences on Child Witnesses to Domestic Violence, London, Ontario, Canada, 1997 and Vancouver, British Columbia Canada, 1999

Australians attending World Conference on the Prevention of Family Violence, Banff, Alberta Canada, 2005

Amnesty International

Liberty Victoria

Australian Institute of Family Studies, Melbourne

Children’s Rights International, Sydney

GetUp - assisted David Hicks

Marie Coleman – National Foundation for Australian Women

Deborah Robinson – Australian Women Online

Transparency International

Andrew Fels - Australia and New Zealand Centre for Governance

(Home community) Women’s Health Centre

(Home community) social worker

(Home community) Mental Health Services

Jacqueline Pascal,

Donna Carson - Australian of the Year, Local Hero 2004, author “Judas Kisses: A true story of love and betrayal” Hardie Grant Books, 2007, (via VOCAL)

Dr Anthony Kidman – Director Health Psychology Unit, Royal North Shore Hospital

Ms Nicole Kidman – UNIFEM Ambassador, via Dr Anthony Kidman

Ms Therese Rein – Prime Minister’s wife, via Dr Anthony Kidman

Ms Hetty Johnston - Braveheart

Rachel Ball – Human Rights Law Resource Centre

Council for Civil Liberties

Michelle Penay – PILCH, Melbourne

Australian Social Inclusion Board
- Hon Prof Tony Vinson, Faculty Education & Social Work, The University of Sydney
- Patricia Faulkner, National Leader, Health & Social Policy, KPMG
- Monsignor David Cappo, Vicar-General Archdiocese of Adelaide
- Ms Elleni Bereded-Samuel, Community engagement Coordinator, Victoria University
- Dr Ngiare Brown, Telethon Institute for Child health research
- Dr Ron Edwards, Graham farmer Foundation, WA
- Mr Eddie McGuire, Channel Nine
- Dr John Falzon, COE St Vincent de Paul Society
- Mr Ahmed Fahour, National Australia Bank
- Ms Linda White, Australian Services Union
- Mr Tony Nicholson, Brotherhood of St Lawrence
- Dr Chris Sarra, Indigenous Education Leadership Institute
- Prof Fiona Stanley, Telethon Institute of Child Health Research

Dr Marie Leech, Australia 2020 Summit delegate
**

Janet Loughman – Women’s Legal Services NSW

Bill Madden, Slater & Gordon Lawyers, Sydney – assisted Melissa Hawarth

Stephen Page – Harrison Family Lawyers, Brisbane, author “The Australian Divorce” blog

David McLeod, Adelaide- David Hicks Lawyer

Prof George Williams – Gilbert+ Tobin Centre of Public Law, University New South Wales, advocated for David Hicks

Daniel Gilbert, Gilbert + Tobin Law Firm

Julian Burnside QC, - human rights advocate, “Watching Brief: Reflections on human rights, law and justice” Scribe, 2007, advocated for David Hicks

Australian Lawyers for Human Rights

Ross Ray- Law Council of Australia

Greg Reinhardt – Australian Institute for Judicial Administration Inc

Margaret Cunneen- - crown prosecutor

Sally Nichols, Nichols Family Lawyers, Melbourne - assisted Jacqueline Pascarl

Dr Ben Saul – Sydney Centre for International Law, The University of Sydney

University of Newcastle Legal Centre – Prof Neil Rees, Stuart McCarthy, assisted Cornelia Rau

Dr Sue Gordon -former Children’s Court Magistrate, Perth WA

Clare Martin, Australian Council Social Services
**

Margaret Somerville – Australian ethicist, author “The Ethical Imagination: journeys of the human spirit” Anansi Press, 2006

Dr Simon Longstaff – St James Ethics Centre

Prof A J Brown – Griffith University, ethicist, editor “Whistleblowing in the Australian Public Sector” ANU E Press, 2008

Dr Paul Mazerolle – Key Centre for Ethics, Law, Justice and Governance, Griffith University, contributed to “Whistleblowing in the Australian Public Sector” hosted recent symposium “Understanding and Preventing Domestic Violence: A One Day Symposium”

Prof Mirko Bagaric – legal expert, “The Moral Dilemma” online site, publicly advocated for David Hicks, Bali Nine, assisted Tony Mokbel, author “Future Directions in Human Rights and International Law”
**

Janelle Saffin MP

Senator Sarah Hanson-Young

Dr Carmen Lawrence, former WA Premier, Senator, Cabinet Minister, Minister Assisting the Prime Minister for the Status of Women

Verity Firth MP - NSW Minister for Women, Chair NSW Premier’s Council on Preventing of Violence Against Women, lawyer, served on Law and Justice Foundation board

Senator Marise Payne,

Jillian Skinner MP, NSW Opposition deputy, former journalist

Malcolm Turnbull, Federal Opposition Leader, lawyer

Bob Brown, Leader Greens

Christine Milne, Greens Senator

Tanya Plibersek MP - Minister for the Status Women, former Shadow Minister for the Status Women, when in Opposition spoke publicly demanding for government assistance and intervention for ‘judicial fairness” and an immediate return to Australia for David Hicks, recently made a joint media release with Robert McClelland, Attorney-General regarding Australia acceding to the Optional Protocol to the UN Convention on the Elimination of Discrimination Against Women

Kevin Rudd - Prime Minister and former leader of the opposition

Robert McClelland- Attorney-General, recently made a joint media release with Tanya Plibersek Minister for the Status of Women regarding Australia acceding to the Optional Protocol to the UN Convention on the Elimination of Discrimination Against Women and a joint statement with other Australian Attorneys-General regarding domestic violence

Stephen Smith – Minister Foreign Affairs & Trade

Jenny Macklin - Minister Families & Community Services

Sen Chris Evans – Minister Citizenship and Immigration

Bob Debus – Minister Home Affairs, organised Indonesian prison transfer agreement for Schapelle Corby, “Bali Nine”, immediate finalisation of compensation for Cornelia Rau

Bill Shorten MP- Parliamentary Secretary for Disabilities & Children

Sen Andrew Murray

John Howard, former Prime Minister

Senator Bill Heffernan,

Alexander Downer, former Minister Foreign Affairs & Trade, had been made aware of our situation by MP Danna Vale prior to his approval of government financing for Saskatchewan

Julie Bishop, former Minister for the Status of Women

Kaye Patterson, former Minister for the Status of Women

Senator Lynn Allison

Senator Natasha Stott-Despoja

Kay Hull, MP Riverina -had spoken publicly against her party for not intervening for David Hicks and taking responsibility for his need for/right to “judicial fairness” and government intervention

Maxine McKew MP,

Julia Gillard, Deputy Prime Minister, lawyer

Ms Cheryl Kernot - former politician and leader Democrats, currently Centre for Social Impact, The University of New South Wales, contributor to “Ethics and political practice: perspectives on legislative ethics” edited by Noel Preston ad Charles Sampford with C-A Bois, Routledge Studies in Governance and Public Policy series, The Federation Press, 1998

Phillip Ruddock, former Attorney General

Joe Ludwig, Senator, former Shadow Attorney General

Kerry Nettle – Green Party

Pru Goward, MP New South Wales, formerly director Office of the Status of Women and Sex Discrimination Commissioner

Ms Quentin Bryce, Governor General

Senator Nick Xenophon

Morris Iemma – former NSW Premier and Minister Citizenship

Dr Marie Bashir, NSW Governor

Dana Vale, former MP Hughes -had publicly spoken against her party for not assisting David Hicks, in maiden parliamentary speech talked about the “tyranny of silence” in regard to domestic violence

Brain Pullen – Department Foreign Affairs

Ms Teresa Hart – Department Foreign Affairs

Ms Julia Burns – Office for Women

Elizabeth Broderick – Human Rights and Equal Opportunity Commission (HREOC)

Prof John McMillan - Commonwealth Ombudsman

Mary Lou Jarvis, campaign organiser for Malcolm Turnbull, organiser Sydney Women of Influence speakers sessions

George Newhouse, federal candidate 2007, lawyer who assisted Vivian Solon Alvarez

Kym Duggan - Assistant Secretary, Family Law Branch, Attorney-General’s Department
**

Adele Horin, Sydney Morning Herald

Paul Sheehan, Sydney Morning Herald

Tim Dick, Sydney Morning Herald

Ruth Pollard, Sydney Morning Herald, researcher/wrote series for White Ribbon Day 2008

Andrew Fowler, ABC Investigations

Deb Whitmont, ABC 4 Corners, journalist, lawyer, Walkley Award winner

Lisa Wilkinson, TODAY Show, Channel Nine

Andrew O’Keefe, SUNRISE, Channel Seven

Sophie Mullen, ABC producer “ Q & A”

Rachel Hill, New Matilda

Online Opinion

Australian Policy Online

Janet Fife-Yeomans - Daily Telegraph

Harriet Alexander, Sydney Morning Herald

The Walkley Foundation for Journalism

The Australian Women’s Weekly- Robyn Foyster (Editor-in-Chief) & Wendy Squires (Associate Editor)

“marie claire” – Jackie Frank (Publisher/editor)

Adam Doyle- researcher ABC 7.30 Report

Fran Kelly – ABC (producer “The Howard Years”), current affairs journalist and political correspondent

Susie Eisenhuth, Willa McDonald – “The Writers Reader” Cambridge University Press, 2007

David Marr

Richard Ackland

Michelle Grattan, Sun-Herald

Kerry-Anne Walsh- political commentator Sun-Herald

Hedley Thomas, The Australian, Brisbane – Walkley Award Winner for breaking the Dr Jayant Patel story, author “Sick to Death: A manipulative surgeon and a health system in crisis- a disaster waiting to happen”, Allen & Unwin, 2007

Irene Moss – Australia’s Right to Know Coalition, C/- News Ltd
***

Roland Ashby (media director), Anglican Diocese Melbourne – organised public advocacy and church service for David Hicks

Anglicare – Canberra

Vicar General – Bishop Allan Ewing – Anglican Diocese Canberra & Goulburn

Bishop Kay Goldsworthy, Anglican delegate to the United Nations 52nd Convention on the Status of Women

Meaghan Morrison, Anglican delegate to the United Nations 52nd Convention on the Status of Women

The Anglican (newspaper) – extensive article re Kay Goldsworthy and Meaghan Morrison’s attendance at UN Status of Women Convention, churches role and responsibility regarding violence against children and women, and male ministers, bishops etc involvement with the White Ribbon Campaign

Rev Graham Long – The Wayside Chapel, Sydney, assisted David Hicks, recently named one of the 100 most influential people in Sydney 2008

Rev Tim Costello - World Vision, Australia 2020 Summit, Chair Social Inclusion Working Group
**

Brain Kahlefeldt OAM – retired lawyer

Dick Smith – assisted and advocated for David Hicks

Francis Montil- formerly United Nations internal investigator
**

Synopsis ...

Australian Children and Women Trapped Overseas by Domestic Violence & Systemic& Judicial Failures – Situation Synopsis

*Met my former spouse in Australia, late 1984 (his sixth trip to Australia, informed me he wanted to live in Australia permanently & thought Australia a better place to bring up children than Canada).

*Married in Australia, 1986, moved to Saskatchewan, Canada, where our children were born, supposedly for ten years.

*In 1995, because of his sustained abusive and controlling behaviour, I left my husband, taking my children with me

*1996 we divorced. Thereafter followed protracted adjudication of custody rights, judge ordered a custody and access home study, completed by Mr J C, assessor, Family Law Division, ... Department of Justice.

*A number of professionals and senior staff of advocacy groups expressed serious concerns regarding the custody and access report. The justice department assessor, Jeff Cain, not only misrepresented my children’s and my information regarding our family situation and the abuse we experienced, but also information from a doctor, social worker with the Domestic Violence Support Group, counsellor and preschool teacher. He also refused to speak with others including the social worker from the Child Witnesses Support Group one of my children attended and experts such as Dr Peter Jaffe, international expert on child witnesses to domestic violence. This child wrote a story, based on their experience of violence in our family which was used by counsellors and in the educational documentary “How Then Shall We Live: A Process for Developing a Plan to Escape Abusive Relationships”.

*Some concerns as articulated in a letter regarding our experience to ... Q.C. Director Policy Planning and Evaluation Branch, ... Justice, from ..., Psychologist, ... Family Service Bureau dated May 13, 1999 include …
“We want to take this opportunity to let you know, from our point of view, Ms …’s case is not unique except insofar as she has had the persistence and financial resources to pursue her dissatisfaction with the assessment process and its impact on her and her children. Members of our staff have worked with at least five (5) women who reported similar experiences to that of Ms …
Common themes among the women were as follows:

i Failure on the part of the male assessor to understand or believe the impact that spousal violence had on the women

ii Failure on the part of the male assessor to understand or believe the impact that their father’s physical and/or verbal violence had on the children

iii A propensity on the part of the male assessor to include as part of his report, those witnesses who minimized or denied the existence of violence and to minimize or exclude witnesses who reported violence as a factor that may contraindicate the advisability of joint custody arrangements.”

*The assessor’s actions were also in direct contravention of the ... Justice Department’s core standards of practice outlined in the “Model Standards of Practice for Child Custody Evaluations” in place at that time, and in our case despite the specific instructions from the judge to the assessor to investigate any evidence of domestic violence.

*Eventually, as a result of our concerns being continually raised with the Justice Department, parameters for a review of the case were cooperatively developed by myself, D F, B P Executive Director Policy, Planning and Evaluation and B H Executive Director, Family Law Division. The ‘parameters’ document (June 1999) clearly called for a check on whether the custody/access assessment accurately reflected the views of the professionals consulted and my children and myself, and whose views were included and excluded from the report. Appropriate coverage of these requirements necessitated re-contacting the sources of information cited in the report and the ‘parameters’ document clearly specified contact with the referees used for the assessment. None of these processes, all of which accord with the “Model Standards of Practice for Child Custody Evaluations” were observed. Instead, two individuals who were appointed to conduct the review based their findings solely on the Family Law Division employee’s notes and report. Illogically, and in bad faith given the earlier undertakings, the alleged bias and misrepresentation in the report was tested by using the material case notes being called into question.

*The failure to implement the comprehensive custody and access home study review in its negotiated and agreed form exacerbated the intense personal stress I was experiencing. My ongoing requests for assistance, support, safety and security for my children and myself were ignored and eventually my abusive former spouse gained custody of our children and used this opportunity to undermine my relationship with my daughters, alienating us and contributing to one of my children's attempted suicide.

*My former spouse set out to silence and destroy me because I left, wouldn’t come back when he insisted and spoke up about the abuse. The Justice Department condoned and colluded with my former spouse’s violence and abuse by having their employee misrepresent information about it, not dealing with this when they were made aware, having not dealt with this known problem previously (as Family Service Bureau letter said they had worked with at least 5 other women who had same experience).

*Neither my former spouse nor the Justice Department cared about the consequences for my children or me and the department obviously had not been concerned about the consequences for any other children and women that their employees had previously misrepresented information about in court in regards to the abuse they experienced. B P. Justice, said to me when she introduced herself at a Justice Department focus group on how to deal with domestic violence and custody and access, “What happened to you should never have happened to anyone”. Then she used all her department’s resources and power to fight me and not deal with, but cover-up the situation. Eventually I lost custody because I was no longer able to survive as a result of their joint efforts and my inability to get the assistance, safety, security and justice we needed and deserved. Like other “whistleblowers” I have been depressed, suicidal and unable to work as a consequence of the fight and the backlash.

*The new “Model Standards of Practice” for the Justice Department regarding custody and access home studies show the influence of my information; for example, they now state that the assessor must not directly contact the judge out of court. ... not only misrepresented information in his report and court testimony but he also contacted the judge out of court, behind the scenes, to share misrepresented information. I only found out about this a long time afterwards. None of the changes made assisted or applied to us.

*More recently I was put in contact with another Australian mother, originally from ..., who with her four children had suffered a similar, traumatic injustice in the same Canadian province.

*As Honorary Professor Tony Vinson, Faculty of Education and Social Work, The University of Sydney, states in a letter of support dated 27.7.2008, “From my reading of the documents surrounding this case I believe there is sufficient evidence of a factual basis to Ms …’s claims to warrant serious consideration by the Canadian Justice authorities.”

*These concerns, raised many times before and again in Professor Vinson’s and my recent letters to Canadian authorities have once again been dismissed. No one, including the Australian Government, is holding any Canadian authority publicly accountable to providing justice in our case – unlike the Australian governments provision of resources, advocacy and intervention to ensure “judicial fairness” for Harry Nicholiades, Annise Smoel, Angelita Pires, David Hicks, Schapelle Corby, the “Bali Nine”, Australians arrested in Canada while protesting against the seal slaughter/hunt, Australians who boarded Japanese whalers and many others. This lack of assistance is not congruent with public government statements regarding domestic violence or statements made in the recent government media release regarding acceding to the Optional Protocol to the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).

*Experiencing domestic and family violence is traumatic. Experiencing systemic and judicial failures, discrimination, inadequacies and inequities is traumatic. Discovering that your country and government will provide assistance and advocacy for criminals and other Australians overseas but not innocent and vulnerable Australian children and women is another indescribably traumatic experience.

*Have now used all my resources to fight the systems that should have protected us; I no longer have the resources, finances, hope or capacity to continue. I am desperately concerned about my children, myself, the other Australian woman mentioned above and her children’s safety and wellbeing, my personal possessions and some documents still in Canada, none of whom or which I have any resources or ability to advocate for or try to protect any longer.

*Despite Dr Peter Jaffe, (Centre for Research and Education on Violence Against Children and Women, University of Western Ontario), telling me I have done more than any other mother he knows to try and protect my children, despite bringing information to ... Justice that made change (for others after us), despite being a woman who has taken on a justice department … I am now financially, physically and emotionally bankrupt, afraid, have no sense of success or accomplishment, not able to clearly articulate information, no longer able to be a creative problem solver, not sure how to proceed or what to do next.

*Ethics Counsellor at St Lames Ethics Centre, staff at the Human Rights Law Resource Centre, counsellors and many others all agree that I have done everything I could have and should have on my children’s and my behalf, are amazed at what I have done on my own, incredulous that I have survived myself and do not know what else to suggest.

*Despite contacting members of the National Council to Reduce Violence Against Women and Children to beg for their assistance and advocacy, none of these government appointed people would assist or advocate for us and agreed to the governments terms of reference for the committee and its recently released National Plan “Time for Action” that deliberately excluded mentioned or referring to Australian women and children who have experienced domestic violence overseas but does contain specific mention of the challenges faced in Australia by immigrant women and their children who experience domestic violence and makes specific recommendations to assist and protect them – while refusing to even acknowledge the same trauma and challenges for Australians in foreign countries. What other known aspects of domestic violence and systemic and judicial discrimination and failures did the committee, the government and Australian Domestic and Family Violence Clearinghouse agree (collude) to exclude from public discourse and the National Plan?


Prepared July 2009,
“Merinda”

For further information please go to www.womenwhowant2gohome.blogspot.com the online resource I created in the form of a blog.

Wednesday, August 27, 2008

Greetings Amanda ...

Greetings Amanda,

It was wonderful to have someone actually respond to my blog so thank you very much for taking the time to do that. (Would appreciate knowing how you came to find out about this online resource/blog.)

Yes, it was great to get a response to my letters, unfortunately that has not resulted in any response from those would could assist and protect Australian children and women trapped overseas by domestic violence and systemic and judicial abuse - our government still ignores us - apparently "judicial fairness" is not considered necessary and worth demanding as the government insisted for David Hicks, and although Federal Police and Department of Foreign Affairs officers have already travelled Africa to assist the recently kidnapped journalist - there is no such assistance for Australian children and women.


Despite having shared this information with many parts of the “domestic violence industry” and people who claim to care about children and women’s human rights and right to safety and security as you can easily see I get very very few comments or people sharing this information to inform and protect children and women.

You raise some interesting questions and concerns. Unfortunately it is not as easy and supported as it should be for children and women to escape domestic violence, and when a woman takes her children and leaves a situation of domestic violence this does not necessarily end the abuse or guarantee her and her children the safety and support they need and deserve. Three children recently murdered by their abusive father in New South Wales exemplifies the threats and real dangers facing children and women trying to escape domestic violence. If our society, services, systems and politicians do not hold the abuser accountable and protect innocent and vulnerable children and women how can we expect an abused mother to do that on her own?

If a woman is in a position where her abusive former spouse had attempted to kill her, threatened to kill or told her he will do whatever he needs to to take her children away from her and make sure she never sees them again then she is always afraid of what he might do if she tries to have contact with her children in his control. If a woman is in the position where some of her children are “of the age of majority” but some are still with the abusive father then she will have concerns about the younger ones safety if she is able to develop a relationship with her older children. Many people understand the dangers and difficulties facing adult women trying to leave an abusive relationship but somehow think it would be easier for the abusers children to leave, to say to this person I am not going to let you control or threaten me anymore.

We are all familiar will the saying “it takes a village to raise a child”. That same “village” needs to take collective responsibility for children’s and their mothers safety, security and support when they are the victims of domestic violence in a family in their “village”. I don’t know if you heard about Colin/Colette the baby hump-backed whale in Sydney – but is amazed me the efforts people and the government went to for this baby whale and the outrage that some expressed when it couldn’t be saved. If people were as publicly outraged about the plight of some human babies and children, about mothers that desperately want to nurture, care for, protect and parent their children but are prevented from doing so by abusive spouses and abusive systems where no one comes to protest and the media ignores them, children and women would be safer and our service providers and agencies saved a lot of unnecessary expense.

Once again Amanda, thank for taking the time and interest to respond to the information in this blog and please share the information and resources with anyone you think it will benefit and protect, or who genuinely cares about children and women’s right to safety and security.

Take care … take heart … Merinda