Plaintiff v Defendants

Plaintiff v Defendants - [2010] VSC 441 - VSC 2010 case summary — Zoe

[101]

[9.01am] G'day Shaun, this is a message for you and to Mr Kyrou. Snezana was just taken by an ambulance. I called the ambulance at 8.30. They came about 8.40 ... of feeling dizzy. All of her right side has been numb and I personally hold the judge responsible for putting pressure on Snezana. I told him not to put pressure on her. She told him not to put pressure on her. Even the judge said to her ... even ... sorry ... even the doctor said ... she needs to take it easy but the judge is putting pressure on her. So please give me a call so I can give you more information. She has been hospitalised ... taken by an ambulance at the Northern Hospital in Epping. He is responsible for all this ... for not disclosing that he used to work for the Police Association and also for working for the State. No wonder I used to call him he is bias ... and there you go ... and Snezana said now ... this morning to me at about 7 o'clock that yes, the judge is bias. So please give me a call. He cannot ... he must not put pressure on Snezana like he has. Now, the phone number is [...]. Thank you.

[9.09am] Shaun, Mr Slaveski here. Pick up the phone. I wanna tell you what happened to my wife. It all happened because of the judge, okay. So pick up the phone. If I have to call you 50 times today we'll call you. You people are putting pressure on my wife.

[9.22am] Yeah ... Slaveski here. Pick up the phone, I wanna tell you what happened to my wife ... and you people caused this okay. Tell the judge. You people do it ... putting pressure on my wife.

[9.37am] Shaun, this is Stojne Slaveski ... um ... my mother was taken to hospital this morning and I don't appreciate you not answering your phone and also the judge putting pressure on my mother ... like you people have made my father sick ... by the police ... and I would really like for you to answer your phone.

[10.04am] Hello, this is Naum Slaveski, the son of ... um ... Snezana. I'm telling you to not make my mother sick and stop putting pressure on her. Cos she's in hospital at the moment so ... stop ... because of you people putting pressure on her ... so stop.

[10.06am] Hello ... um ... this is Tanja Slaveski, the ... um ... daughter of Snezana Slaveski. Um ... you sent ... my mum's now in hospital because of you giving her stress, stop ... giving her stress. [Long pause] The judge is putting pressure on her.

[11.13am] Why ... you're not picking up the phone. Let me know what's happening so I can tell you what you people did to my wife mate ... putting pressure. Tell the judge that.

[12.29pm] Hey ... Slaveski here. Just wanna ... just came to the hospital for my wife ... I wanna give you an update ... [word sounding like 'Ashifsez'].

[1.15pm] Yeah ... Slaveski here.

[2.21pm] This is Mr Slaveski. I called you guys 15 or 20 times. You should be embarrassed of yourselves not picking up my phone. Anyway, I just received your email and the treating emergency doctor at the emergency department at Northern Hospital, it's 185 Cooper Street, Epping. The treating doctor at the emergency hospital for Snezana was Peter Papadopoulos ... okay ... so you tell your Greek judge he is a Greek doctor as well. His name is Peter Papadopoulos ... okay.

[4.20pm] Hey Mr Gladman. This is Mr Slaveski. I've called you guys about 15 times or more today. I don't understand how your phone doesn't work today. I just wanted to give you an update for my wife Snezana.

[103]

[His Honour:] ... one way of interpreting the messages [which were left by Mr Slaveski on 25 March 2010] was that there was a threat. ... I will invite you on behalf of Mr Slaveski to make submissions as to whether they were a threat or whether they're a contempt of court and, if so, ... what should be done about it but I'm not going to deal with that now.

[Mrs Slaveska:] Your Honour, Mr Slaveski has advised me that he doesn't feel like coming to court anymore.

[His Honour:] It's a matter for him, Mrs Slaveska. It's always been a matter for him whether he attends court or not.

[Mrs Slaveska:] I mean, he likes to come to court but he says, "I don't wanna stay over here and have security on top of me and - - -

[His Honour:] Well, security - - -

[Mrs Slaveska:] - - - have it at the top of my head - - -

[His Honour:] The security officers - - -

[Mrs Slaveska:] - - - whether I'll be charged."

[His Honour:] I was going to invite the security officers to leave court now. You may leave the court. Thank you very much. Yes. But that matter, I will deal [with] at the end of this case and I will deal with any other issues that arise, whether for Mr Slaveski or any other person that might possibly be a contempt of court.

[Mr Slaveski:] I am going for good. (Indistinct.)

[His Honour:] All right. Thank you. Call [Mr Barton].

...

[His Honour:] Yes, Mr Gipp.

[Mr Gipp:] Yes. Thank you, Your Honour. Could you state your - - -

[Mr Slaveski:] I'm going for good. I want a written letter from the judge so he doesn't threaten me anymore.

[His Honour:] Mr Slaveski. Mr Slaveski.

[Mr Slaveski:] That's what I want. I am taking my family and if I were you, I'd go to the High Court, Snezana, as well. I want a written letter what they plan.

[His Honour:] Mr Slaveski, you said you'd leave the court. Leave the court please.

[Mr Slaveski:] Sorry?

[His Honour:] Leave the court please.

[Mr Slaveski:] You are corrupted mate.

[His Honour:] Mr Slaveski, I will now, at the end of this case, also consider whether [your conduct], by leaving this court and saying that I am corrupted, constitutes a contempt of court. Don't make things worse for yourself.

[Mr Slaveski:] You believe, Your Honour, that you can really - - -

[His Honour:] Call the security officers please.

[Mr Slaveski:] You really believe that you can threaten me in front of my children.

[105]

[His Honour:] Mrs Slaveska, move on. It's got nothing to do with what Nolan said. You know that. Stop wasting my time. Get on with it.

[Mrs Slaveska:] Your Honour, I'm not wasting your time.

[His Honour:] You are wasting my time. The committal's got nothing to do with what Nolan said. Your claim is about what Nolan said. Move on. What Mr Rivett said is very relevant. That's what you should be focusing on. Mr Slaveski, leave the court and do not come back for the rest of the day please. You are not here to make comments about who you should sue. You're interrupting.

[Mr Slaveski:] I should've sued you as well - - -

[His Honour:] Mr Slaveski, leave the court.

[Mr Slaveski:] Maybe I should sue you as well.

[His Honour:] Call the security people to escort Mr Slaveski out of court. You are not coming back until tomorrow.

[Mr Slaveski:] Of course - - -

[His Honour:] And be quiet.

[Mr Slaveski:] You be quiet as well.

[His Honour:] Mr Slaveski, now be careful. I've got you on two possible contempts. Do not - - -

[Mr Slaveski:] Yeah, if I make application - - -

[His Honour:] Do - - -

[Mr Slaveski:] - - - be arrested by the sheriff - - -

[His Honour:] Do - - -

[Mr Slaveski:] - - - by the sheriff - - -

[His Honour:] Do not - - -

[Mr Slaveski:] - - - by the sheriff - the High Court. OK. OK.

[His Honour:] Mr Slaveski, do not add [a] third complaint - - -

[Mr Slaveski:] - - -taking - - -

[His Honour:] - - - possible investigation of a contempt please.

[Mr Slaveski:] What are you going to do?

[His Honour:] Mr Slaveski, I have already said at the end of this case - - -

[Mr Slaveski:] I would - I would like an apology from you - - -

[His Honour:] Mr Slaveski, I have said at the end of the case - - -

[Mr Slaveski:] - - -understood that's just what I want from you.

[His Honour:] Mr Slaveski, I've said at the end of this case I am going to [hear] a possible contempt case. Do not add to your problems.

[Mrs Slaveska:] Leave that. You don't need that. Would you leave that?

[Mr Slaveski:] What did you say?

[His Honour:] Do not add to your problems.

[Mr Slaveski:] Add to my problems?

[His Honour:] Yes.

[Mr Slaveski:] Add to my problems - add to my problems.

[His Honour:] Call security please.

[Mr Slaveski:] Add to what problem?

[His Honour:] The problem, Mr Slaveski, is that I have - - -

[Mr Slaveski:] - - - like this at well?

[His Honour:] - - -said at the end of this case I'm going to hear submissions as to whether you've committed a contempt of court.

[Mr Slaveski:] Yeah. You should be locked up. You should work for police association - - -

[His Honour:] Mr Slaveski, you have now in - - -

[Mr Slaveski:] You - - -

[His Honour:] In the court you have now smashed your tape recorder on the floor and broken it.

[Mr Slaveski:] Of course I did. I'm taking my equipment from here.

[His Honour:] Take your equipment, Mr Slaveski.

[Mr Slaveski:] You are corrupt and I told you that.

[His Honour:] Mr Slaveski, I'm now going to hear three possible contempt matters, and that includes you smashing things on the floor of this court and saying that I am - complaint - - -

[Mr Slaveski:] It's my - it's my recorder - - -

[His Honour:] Mr Slaveski, you've just said that I was corrupt.

[Mr Slaveski:] Of course you are - - -

[His Honour:] I am going to consider whether that constitutes contempt.

[Mr Slaveski:] Good.

[His Honour:] That is the third possible contempt - - -

[Mr Slaveski:] I'm sick of you. You - - -

[His Honour:] If you continue behaving this way I will exclude you from the court for a longer period than - - -

[Mr Slaveski:] How long do you want?

[His Honour:] Today; it's one day.

[Mr Slaveski:] No.

[Mrs Slaveska:] Just go please?

[Mr Slaveski:] I should've sued this man as well. How stupid of me. He came in front of my shop and - - -

[His Honour:] Mr Slaveski, please do not make comments that are intended to intimidate a witness.

[Mr Slaveski:] They've got the guns. I don't have a gun.

[Mrs Slaveska:] Just get your - you left (inaudible) down there.

[Mr Slaveski:] I'm sick of this - - -

[His Honour:] Please escort Mr Slaveski outside the building please. Do not permit him to return to the court complex until tomorrow morning. Thank you. Please escort Mr Slaveski outside the court, officers. Thank you, officers.

[110]

[Mrs Slaveska:] Your Honour, Mr Slaveski wants me to ask you, on his behalf, are you aware that the State and the police ordered a hit on us to be killed?

[His Honour:] No, I'm not - - -

[Mrs Slaveska:] Whether you are aware of that?

[His Honour:] No, I'm not aware of that, Mrs Slaveska.

[Mrs Slaveska:] Well, Your Honour, you should know these things.

[His Honour:] I only know what happened - Mr Slaveski, please sit down, I'm not going to hear from you. Please sit down.

[Mr Slaveski:] You don't want to hear from me?

[His Honour:] No, I do not. Now, sit down.

[Mr Slaveski:] That's why can get a (indistinct) for three judges.

[His Honour:] Mr Slaveski, please sit down, otherwise I'm going to remove you from the court. I will remove you from the court. Please sit down. I know - - -

[Mr Slaveski:] Are you threatening me?

[His Honour:] No, all I said - - -

[Mr Slaveski:] Are you threatening me?

[His Honour:] Call extra security, please. Mr Slaveski, you are excluded from the court for the rest of today.

[Mr Slaveski:] Today?

[His Honour:] Yes.

[Mrs Slaveska:] No, Your Honour, I'm not going to stay without Mr Slaveski - - -

[Mr Slaveski:] No, no, no, no, this is a conspiracy. You know, Your Honour - - -

[His Honour:] Mr Slaveski, please be quiet.

[Mr Slaveski:] - - - (indistinct) Victoria Police and everybody that want to kill us.

[His Honour:] Please be quiet.

[Mr Slaveski:] Do you know anything about the murder?

[His Honour:] No, I don't know anything about any murder - - -

[Mr Slaveski:] Yes, you probably do, Your Honour.

[His Honour:] Please leave the court now.

[Mrs Slaveska:] No, Your Honour, where is he going to outside to get shot?

[His Honour:] He's going to leave this court - - -

[Mr Slaveski:] Don't fucking touch me. Don't touch me. I believe - I believe - - -

[His Honour:] Security officers.

[Mr Slaveski:] Hey, don't fucking touch me.

[His Honour:] Security officers. Security officers - - -

[Mr Slaveski:] Don't touch me, I'm going.

[His Honour:] Security officers. Sit down, please.

[Mr Slaveski:] Don't fucking touch me. Don't you fucking understand? Don't fucking touch me. I will get my (indistinct) and I (indistinct) you mother-fuckers, you fucking tried to kill me today (indistinct) - - -

[His Honour:] Mr Slaveski, - - -

[Mr Slaveski:] Do not fucking touch me. Do you fucking understand me, you mother-fuckers? Do not fucking touch me.

[His Honour:] Security officers, sit down. We're going to call (indistinct) - - -

[Mr Slaveski:] Sit fucking down. Sit fucking down.

[His Honour:] Mr Slaveski - - -

[Mr Slaveski:] Do not fucking touch me.

[His Honour:] Mr Slaveski - - -

[Mr Slaveski:] Yes, sir.

[His Honour:] I'm giving you the opportunity to leave peacefully.

[Mr Slaveski:] Do not fucking touch me.

[His Honour:] No one is touching you.

[Mrs Slaveska:] Lupco, calm down. Lupco - - -

[His Honour:] No one is touching you.

[Mr Slaveski:] You fucking mother-fuckers, you going to kill my fucking children - - -

[His Honour:] Madam Associate - - -

[Mr Slaveski:] What you and the fucking (indistinct) - - -

[His Honour:] - - - call extra security. Sit down, please. Sit down, please.

[Mrs Slaveska:] Your Honour, please call an ambulance, he is in a panic - - -

[Mr Slaveski:] OK, do not - - -

[His Honour:] No one is going to touch Mr Slaveski.

[Mrs Slaveska:] I call an ambulance.

[His Honour:] Right. I'm giving him an opportunity to leave peacefully.

[Mr Slaveski:] I don't need a fucking opportunity to say - - -

[His Honour:] Just calm down, Mr Slaveski. We're giving you an opportunity to leave peacefully.

[Mr Slaveski:] He is touching me.

[His Honour:] No one is touching you, Mr Slaveski. Well, call an ambulance, Mrs Slaveska.

[Mr Slaveski:] One and a half hours of phone calls, six guard dogs.

[Mrs Slaveska:] Calm down.

[Mr Slaveski:] I'm sorry. How can you run a trial like this? You fucking pigs, you took my health away.

[His Honour:] Security officer, join your colleagues please and sit down. Just go through this row please and sit down.

(Ambulance telephoned.)

[Mr Slaveski:] I had enough of you people. And I had enough of Supreme Court. I wait for my family to pick me up from here. You going to stay. You going to continue. They tried to kill me today and I've got them recorded.

[His Honour:] That's fine, Mr Slaveski.

[Mr Slaveski:] On this pen, this is a camera.

[His Honour:] Mr Slaveski, I have asked you to leave the court, please.

[Mr Slaveski:] OK. Don't make it come between you and me, Your Honour, please.

[His Honour:] There's nothing between you and me, Mr Slaveski. Just be calm and leave the court, please.

[Mr Slaveski:] I get (indistinct). Don't make it come between you and me, Your Honour, please.

[His Honour:] I don't know what you mean, Mr Slaveski. Just be quiet - - -

[Mr Slaveski:] Any way you want to take it, Your Honour. Twenty-three police officer being sued, let's come to the trial of this court - - -

[His Honour:] Officer, sit next to your colleagues, please.

[Mr Slaveski:] - - - and finish.

[His Honour:] Just go around this way, please.

[Mr Slaveski:] I had enough of this State and I had enough of this corruption, including this Supreme Court corruption. You going to threaten me. I had enough of your threats, (indistinct) you crooks, you mother-fuckers, I had enough of you. You want to kill my children. Fuck you and the fucking State. I had enough of you, you fucking mother-fuckers.

[His Honour:] Mr Slaveski, you're better off being quiet now, please. You're being recorded; it's not good for you.

[Mr Slaveski:] I am recorded.

[His Honour:] Yes.

[Mr Slaveski:] You are part of this conspiracy, Your Honour. You know about the murder that they plot on me and my wife today.

[His Honour:] Mr Slaveski, this incident is now going to be added to the contempt matters against you.

[Mr Slaveski:] Good. Good. And you have a duty to send security downstairs to get my wife.

[His Honour:] Mr Slaveski, leave the court please.

[Mr Slaveski:] Piece of evidence - on the freeway they want to kill me. On the freeway. The state. Is that what sort of a state you people are running?

(Ambulance telephoned.)

[His Honour:] Mr Slaveski, please be quiet and leave the court.

[Mr Slaveski:] Your Honour, please stop the killing. Stop the hit on me and my wife. Please.

[His Honour:] Mr Slaveski, it's best if you be quiet please.

[Mr Slaveski:] Please, Your Honour. I'm praying to you and your family and me and my family, please.

[His Honour:] Mr Slaveski, do not mention my family.

[Mr Slaveski:] I - I don't want my family to be killed. Do you know about this hit?

[His Honour:] Mr Slaveski, I know nothing about any hit. Be quiet.

[Mr Slaveski:] Ten years of torture. Ten years of torture of Victoria Police. Fuck you, you motherfuckers. You gonna kill me and my family.

[His Honour:] Mr Slaveski, please be quiet.

[Mrs Slaveska:] Your Honour, she wants me to give it to a court staff member or somebody

[His Honour:] Let - yes, Madam Associate will speak to him. Get an ambulance to come to 210 William Street.

[Mr Slaveski:] I made an - an offer to come to the funeral so we can read - read it out. One on one at the funeral, so they either die or I die. Ten years of torture (indistinct).

[Mrs Slaveska:] You're going to tell them to come quickly then.

[Mr Slaveski:] For the sake of children, please, Your Honour, tell them to stop this. Please. I beg you. Your Honour. Your Honour, please. Your Honour, can you look at me. Tell them to stop this, please.

[His Honour:] Mr Slaveski.

[Mr Slaveski:] Please.

[His Honour:] Please leave the court.

[Mr Slaveski:] Can you tell them to stop.

[His Honour:] Mr Slaveski, please leave the court.

[Mr Slaveski:] Do you give me your word that you will tell them to stop this.

[His Honour:] Mr Slaveski, I'm hearing this case. I'll hear the evidence and I'll make a decision. Please now leave the court.

[Mrs Slaveska:] Your Honour, can I go with him please.

[His Honour:] Yes, yes. Mrs Slaveska, I'm going to adjourn the court as soon as you're at the door. Security officers, you are to follow Mr Slaveski. You are not to interfere with them unless it becomes absolutely necessary. He's obviously very agitated. Don't confront him unless it becomes necessary for your safety and the court's safety. I'll adjourn now until further notice. Thank you.

[112]

I had no choice your Honour Justice, Justice Kyrou but to leave the State on the 2nd of June 2010, you know what happened, we told you, we advised you and to be quite honest, I was disappointed in you because I do believe that you have the ultimate power to order this corrupted crooks, murderers, police officers. They had a plot to kill me on the freeway and I suspect, well I thought that if they would have killed me, I think they had a plan to kill me the way things came out, probably they would have killed Snezana as well so there's no witness there. But on the other hand, I would have expected your Honour to tell this corrupted, excuse the language, mother fuckers, they are crooks, say your Honour could have said, I'm ordering Victoria Police to leave Mr Slaveski and Mrs Slaveski to come from home to Court and give their evidence to the best of their ability and then let your Honour decide, but then again your Honour, I don't know what's behind the Supreme Court, I don't know whether somebody's on top of you, forcing you to not look into that matter, but then again we are looking at your Honour, human rights, we are looking at human person. I've got three children. I'm not going to stop on the freeway for this crooks, Victoria Police murderers.

...

I want my family to be safe and sound so please tell this people not to get near my children. If they, if they get into my children, I will go in their children's kindergartens, whatever they do to my kids, I will do to their kids. I swear on my three children, I swear on Saint Naum, it's a saint in Macedonia, so please tell this crooks to keep away from my children. So let your Honour decide whatever you wanna take it but you must understand your Honour, you have the power to expose this crooks, because don't forget, you've got children, you've got a brother or you've got a sister or you've got a cousin, it will happen one day to your nephew, to your son, to your daughter, it could happen to your brother's son or daughter, to your cousin's son or daughter, so you have the power, you are on top of that bench sitting high close to God, therefore you must stop this your Honour.

...

So your Honour, please excuse this language that I am speaking but I beg you to put in your judgment to stop all the conspiracy, expose this corruption of Victoria Police so it's a new stage, a new era and once again, I'd like to apologise to you, and your Honour, I wanted to be there for the last day to apologise to you in person but I could not and I will not come back to Victoria because I'm scared. I don't wanna be killed. If I was to come there, I applied for a gun in front of three judges, they didn't give me one, so I'll apply interstate for a gun here so if I was to come there, I've gotta come there, I can't come there like Snezana said excuse the language, they've got 10 guns and I've got what, excuse the language, I've got my hands on my dick? No. I apologise for the language your Honour.

...

So once again your Honour, please forgive me and overall you are a good man, I mean that. God bless you and all the best to you and your family and, give my regards to your workers there and apologise once again. And also, give my um, if your assistant can apologise to the security guys there, but it's been a very very long run, very very long trial and I've gotta congratulate you for putting up and looking into the case.

...

So your Honour, once again, good luck, God bless and I'm sorry, I hope you forgive me and I'm asking God to forgive me. Good-bye my dear friend, all the best, bye-bye.

[196]

464A Detention of person in custody

(1) Every person taken into custody for an offence (whether committed in Victoria or elsewhere) must be -

(a) released unconditionally; or

(b) released on bail; or

(c) brought before a bail justice or the Magistrates' Court -

within a reasonable time of being taken into custody.

(2) If a person suspected of having committed an offence is in custody for that offence, an investigating official may, within the reasonable time referred to in subsection (1) -

(a) inform the person of the circumstances of that offence; and

(b) question the person or carry out investigations in which the person participates in order to determine the involvement (if any) of the person in that offence.

(3) Before any questioning (other than a request for the person's name and address) or investigation under subsection (2) commences, an investigating official must inform the person in custody that he or she does not have to say or do anything but that anything the person does say or do may be given in evidence.

(4) In determining what constitutes a reasonable time for the purposes of subsection (1) the following matters may be considered -

(a) the period of time reasonably required to bring the person before a bail justice or the Magistrates' Court;

(b) the number and complexity of offences to be investigated;

(c) any need of the investigating official to read and collate relevant material or to take any other steps that are reasonably necessary by way of preparation for the questioning or investigation;

(d) any need to transport the person from the place of apprehension to a place where facilities are available to conduct an interview or investigation;

(e) the number of other people who need to be questioned during the period of custody in respect of the offence for which the person is in custody;

(f) any need to visit the place where the offence is believed to have been committed or any other place reasonably connected with the investigation of the offence;

(g) any time taken to communicate with a legal practitioner, friend, relative, parent, guardian or independent person;

(h) any time taken by a legal practitioner, interpreter, parent, guardian or independent person to arrive at the place where questioning or investigation is to take place;

(i) any time during which the questioning or investigation of the person is suspended or delayed to allow the person to receive medical attention;

(j) any time during which the questioning or investigation of the person is suspended or delayed to allow the person to rest;

(k) the total period of time during which the person has been in the company of an investigating official before and after the commencement of custody;

(l) any other matters reasonably connected with the investigation of the offence.

[446]

The objective element of the absence of reasonable and probable cause is thus sometimes couched in terms of the 'ordinarily prudent and cautious man, placed in the position of the accuser' or explained by reference to 'evidence that persons of reasonably sound judgment would regard as sufficient for launching a prosecution'. Or ... the question can be said to be 'whether a reasonable man might draw the inference, from the facts known to him, that the accused person was guilty'.

None of these propositions (nor any other equivalent proposition which might be formulated to describe the objective aspect of absence of reasonable and probable cause) readily admits of further definition. It is plain that the appeal is to an objective standard of sufficiency. The references to 'reasonable' and 'reasonably', to 'ordinarily prudent and cautious', make that clear.

Because the question in any particular case is ultimately one of fact, little useful guidance is to be had from decisions in other cases about other facts. Rather, the resolution of the question will most often depend upon identifying what it is that the plaintiff asserts to be deficient about the material upon which the defendant acted in instituting or maintaining the prosecution. That is an assertion which may, we do not say must, depend upon evidence demonstrating that further inquiry should have been made.

It is, nonetheless, important to recognise what, standing alone, may not suffice to show a want of objective sufficiency. It is clear that absence of reasonable and probable cause is not demonstrated by showing only that there were further inquiries that could have been made before a charge was laid. When a prosecutor acts on information given by others it will very often be the case that some further inquiry could be made. ... And as Lord Atkin rightly said in Herniman v Smith:[222]

It is not required of any prosecutor that he must have tested every possible relevant fact before he takes action. His duty is not to ascertain whether there is a defence, but whether there is a reasonable and probable cause for a prosecution.

For like reasons it cannot be stated, as a general and inflexible rule, that a prosecutor acts without reasonable and probable cause in prosecuting a crime on the basis of only the uncorroborated statements of the person alleged to be the victim of the accused's conduct. Even if at trial of the offence it would be expected that some form of corroboration warning would be given to the jury, the question of absence of reasonable and probable cause is not to be decided according to such a rule. The objective sufficiency of the material considered by the prosecutor must be assessed in light of all of the facts of the particular case.[223]

[747]

[Mr Slaveski:] 5 minutes after [the telephone call] I was there, yes, officer, yes.

[Officer Bingham:] At the shop?

[Mr Slaveski:] 8 parks up, my shop just ... in - in - in front of my - in front of the Salvation Army. That was the first car park - - -

[Officer Bingham:] And what's the address of your shop?

[Mr Slaveski:] Number 10 May Road.

[Officer Bingham:] Lalor?

[Mr Slaveski:] So I would have parked on number 18 or 20 May Road.

[Officer Bingham:] Okay. And when you got out of the car?

[Mr Slaveski:] I saw two gentlemen parked - - -

[Officer Bingham:] Being who?

[Mr Slaveski:] You two.

[Officer Bingham:] Right.

[Mr Slaveski:] Dressed up in black overall - overcoats - - -

[Officer Bingham:] ...

[Mr Slaveski:] Yes, long coats. And as I was coming out of my car, you gents-, you gentlemen said to me, "We want to talk to you, Lupco", I said, "Gentlemen, let's go inside my shop, we'll sit down and talk." Because I do believe it's embarrassment to go and talk or argue or something if anything need to be resolve we can sit down, like we are sitting here. I offered you gentlemen to come into my shop, so that's when - - -

[Officer Bingham:] But do you agree that when you got out of the car and came onto the footpath, I showed you my police identification and identified who I was?

[Mr Slaveski:] Well, possibly you did, but my - my memory is not the best, because as I said to you, sir, I've been under a lot of stress and I've got a heart problem, as the doctor told you before, and also I was under about 4 - 5 different tablets today.

[Officer Bingham:] Mm'm. I put it to you that following identifying myself - - - ?

[Mr Slaveski:] You did mention yes, we-, who you were, yes.

[Officer Bingham:] You - you said, I don't do business in the str-, on the street, we're going into my office. What do you say about that?

[Mr Slaveski:] Possibly, I didn't use those words, but I did - I would have said, something along those lines. I would have said, "Let's go into my shop, we can sit down and talk." So - - -

[Officer Bingham:] I further put it to you that following that, you were then told you were under arrest.

[Mr Slaveski:] I didn't hear that, sorry. Because I started walking to my - towards my shop. I did started walking towards my shop.

[Officer Bingham:] Do you agree that you ... then went inside your shop?

[Mr Slaveski:] Sorry, sir?

[Officer Bingham:] Do you agree that you then walked inside your shop?

[Mr Slaveski:] Yes, I did, yeah. And I was grabbed from behind.

[Officer Bingham:] And once again told you were under arrest - - - ?

[Mr Slaveski:] Yes, I do recall that, and somebody grabbed me from behind and tore my four - five hundred dollar jacket, which we saw afterwards.

[812]

[Officer Bingham]: You and I were grappling, do you agree with that?

[Mr Slaveski]: What's grappling? Pushing, shoving, yeah.

[Officer Bingham]: Right.

[Mr Slaveski]: And there was three TVs that were broke there.

[Officer Bingham]: Alright. But aside from that - - -?

[Mr Slaveski]: There was three - - -

[Officer Bingham]: You and I were grappling and Senior Detective Smithwick and John - - -?

[Mr Slaveski]: Yes, with John, yes.

[Officer Bingham]: Were grappling.

[Mr Slaveski]: Yes, that's true, yes.

[Officer Bingham]: Right.

[Mr Slaveski]: And my wife was ..... - - -

[Officer Bingham]: I put it to you then that I was continually telling you to calm down. What do you say about that?

[Mr Slaveski]: You were, yes.

[Officer Bingham]: Right. And I further put it to you that once we'd broken away from the other two, you then grabbed me with one - with one hand around the throat, and began to squeeze. What do you say about that?

[Mr Slaveski]: But you grabbed me first, didn't you, officer? Where are all those marks, I don't see any marks on you, in respect to you, do I?

[Officer Bingham]: That's what I'm asking you, did you do that?

[Mr Slaveski]: I don't recall doing that.

[Officer Bingham]: Well, I put it to you that you did.

[Mr Slaveski]: Okay, did you grab me by the throat or I'm not allowed to ask questions?

[Officer Bingham]: Yeah - yeah, I then put it to you that - - -?

[Mr Slaveski]: I'm not allowed to ask questions?

[Officer Bingham]: Hang on, hang on. I then put it to you - - -?

[Mr Slaveski]: Mm.

[Officer Bingham]: That I grabbed you by the throat - - -?

[Mr Slaveski]: Mm.

[Officer Bingham]: And pushed you backwards?

[Mr Slaveski]: But this marks came before.

[Officer Bingham]: I then put it to you that I grabbed you by the throat and pushed you backwards. What do you say about that?

[Mr Slaveski]: And there was three or four TVs being over the floor ......

[Officer Bingham]: Is that right? Do you agree that I did that?

[Mr Slaveski]: While we were pushing and shoving, I don't disagree with that.

[Officer Bingham]: And do you agree that you eventually ended up falling backwards across a - - -?

[Mr Slaveski]: Yes, we did.

[Officer Bingham]: Number of TVs in one of the corners?

[Mr Slaveski]: Yes, there was a lot of TVs, yes.

[Officer Bingham]: Okay.

[Mr Slaveski]: That's true, yeah.

[Officer Bingham]: What happened then?

[Mr Slaveski]: 'Cos you are bigger fella, and you are stronger than me, I don't doubt that.

[Officer Bingham]: What happened then?

[Mr Slaveski]: I just fell down.

[Officer Bingham]: And what did we do?

[Mr Slaveski]: You just left.

[905]

[Officer Bingham]: [D]o you agree that after we'd left the store, about 10 minutes later we came back in?

[Mr Slaveski]: Yes you did.

[Officer Bingham]: With a number [of] uniformed police and other police.

[Mr Slaveski]: Yes you did.

[Officer Bingham]: Do you agree that then you were placed under arrest?

[Mr Slaveski]: Yes.

[Officer Bingham]: Handcuffed?

[Mr Slaveski]: No, no, no, no, just a minute, let's go step at a time, sir. I said, "Gentlemen, I will come with you, can I please get my medication?" Di-, was I screaming for that?

[Officer Bingham]: No, hang on - - -?

[Mr Slaveski]: Was I or not?

[Officer Bingham]: You're right, hang on you're right. You did say that.

[Mr Slaveski]: And I went - - -

[Officer Bingham]: And you went for a briefcase.

[Mr Slaveski]: Excuse me sir, I said, "My medication is in my briefcase, my business briefcase."

[Officer Bingham]: And you went for a briefcase, and do you agree that I took the briefcase from you?

[Mr Slaveski]: You took the briefcase and threw it out, and then you guys, five of you guys, jumped on me. My wife is screaming. My kids are screaming, and as you can see, here someone stepped on my brain here, on the right hand side.

[Officer Bingham]: Do you agree that you got that gra-, you're pointing to a graze on the right hand temple area?

[Mr Slaveski]: Well, that's - that's - that's grey as in, sort - it's not grey it's red blood under there.

[Officer Bingham]: Alright. The graze on your right hand temple area - - -?

[Mr Slaveski]: Mm.

[Officer Bingham]: Are you saying you - you received that graze during that - whilst you were being arrested by the police?

[Mr Slaveski]: Why, Constable Shaun, why was I being arrested? Didn't I say, "Can I please get my - my tablets, my heart tablet," and nobody cared about my heart. Did I ask that everybody, in front of everybody - - -

[Officer Bingham]: Yes, you did.

[Mr Slaveski]: There was 15 officers there - - -

[Officer Bingham]: Yes, you did.

[Mr Slaveski]: Why nobody said, "Excuse me" - - -

[Officer Bingham]: Yes, you did. But you weren't in a pos-, we weren't in a position to allow you to go rummaging through a briefcase of which we didn't know the contents.

[Mr Slaveski]: What's in the - my briefcase?

[Officer Bingham]: How would I know?

[Mr Slaveski]: What's in my - what's in my - my wife is there, how would you know?

[Officer Bingham]: How would I know what's in your briefcase?

[Mr Slaveski]: What do you think, I'm a family man, officer, I'm thirt-, - - -

[Officer Bingham]: I don't know what to think after we've just been wrestling in the shop with you.

[Mr Slaveski]: Well, then it's a two way traffic - - -

...

[Officer Bingham]: Once we were given a chance to, do you agree that I explained to you that you were being arrested in - as a result of threats made to the City of Whittlesea?

[Mr Slaveski]: I - - -

[Officer Bingham]: The second time we came into the store?

[Mr Slaveski]: Yes.

[Officer Bingham]: When you were at the desk, with the briefcase?

[Mr Slaveski]: Mm'm.

[Officer Bingham]: I put it to you that I - that's when I told you - once again, you're under arrest. And the reason why.

[Mr Slaveski]: Possibly you did say, I do not recall, because as I said, I took a lot of medication that particular day, today.

[Officer Bingham]: Now, in respect to a number of - - -?

[Mr Slaveski]: I'm not saying that you did anything wrong when you said to me, "You're under arrest."

[Officer Bingham]: Mm'm.

[Mr Slaveski]: But I never saw any - I don't know how the system is, I haven't got a lawyer, Shaun. But then again, I don't know whether you need a warrant to arrest me, whether you need anything, do you need stuff like that? Do you?

[Officer Bingham]: No. We don't need a warrant to arrest you.

[Mr Slaveski]: Well, then fair enough, then you did - you did your job right then, if you didn't need a warrant. But I do believe that the matter could have been handled a lot smoother.

[Officer Bingham]: Okay.

[Mr Slaveski]: I believe that.

[1026]

Alternatively the complainant's statement that he was placed in a headlock and then grabbed by the throat could also produce such injuries.

2. SCALP

The abrasion on the right side of the head is further evidence of minor blunt trauma injury. It is most likely to have been sustained when the subject's head has come into forceful tangential contact with [an] object or surface. Hence on both accounts it could have conceivably happened when there was a scuffle and the complainant went to the ground or alternatively whilst on the ground a scuffle occurred causing the subject's head to come into contact with an object or perhaps surface such as the floor or ground. [Sentence redacted] I believe it is far less likely that such an injury was sustained from a punch as alleged by the complainant. A punch to this region would generally be associated with swelling and bruising rather than an abrasive type of injury.

3. GENITALS

The complainant alleges that he was struck and kneed to the testicles. If significant force is delivered with such a blow then this is likely to incapacitate the individual for a period of time. Further it is quite probable that the subject will experience pain or discomfort in the region for a considerable period of time. It is also possible although, less likely that bruising and swelling would be evident in this region. I note that there does not appear to be any complaint to the medical practitioners of symptoms and hence, there does not appear to be any examination of the region performed.

4. TRUNK & LIMBS

The subject alleges that he was kicked forcibly to the legs and ribs at least ten times. Again if significant force is delivered with such blows then there is a likelihood of injuries being sustained. This would be manifest by bruising, abrasions and possibly even a fracture (of the ribs). Again there is no evidence that the subject has complained of these injuries and hence it does not appear that the doctors' attention was drawn to those sites.

In conclusion, it is quite conceivable that the injuries sustained by the subject occurred in the fashion described by the police members. Alternatively, whilst it is possible that the neck injury could have occurred in the manner alleged by the complainant, I would have expected a significantly greater number of injuries if in fact he had been assaulted as he alleged.

[1415]

I first met a person that I know as Lupcho or Sky about 5 months ago. ...
At this meeting we talked about cars. I told him I needed a car and he told me that he could get me a BMW or any sort of car. ... I didn't buy a car on that day.
About three or four weeks after this meeting, Lupcho said that he had a car for me to look at. ...
The car was a blue Mercedes 190E. It was a 1985 model and was a four door sedan. ... He also showed me a brown Corolla or something that was also there. ...
I did not agree to buy any car. ...
We had a number of conversations either over the phone or at his shop. He told me I had two options. I could buy the Mercedes for $100.00 paying over two years or I could buy the Corolla for $75.00 a week. ... He told me the Mercedes would cost $10,000.
I tried to have a look again at the Mercedes but it wasn't where it had been parked. He had taken the car to his house. I went around to his house to have a look at the car there. I saw that the Mercedes was parked in the front yard of his house and looked like it was being worked on. It had parts taken out of the engine. Lupcho told me that it was no big deal and he will fix the car. He told me that I would not have any problems with the car for the next two or three years.
I think it took him about 2 weeks to get it fixed. I don't know where he got it fixed but he tried to show me papers saying it cost him about $1600.00 or $2,000. I know that he got the car fixed because he used to come and visit my next door neighbour and park the car out the front of my house.
I wasn't sure about the car, because when I heard the car driving it was making funny noises and I just thought it was not good. I was having doubts about whether to go ahead with it or not. [A] short while after that I went with my wife to his shop in May Rd, Lalor.
We went to the shop to talk about the car. Lupcho said that instead of $10,000.00 it was now going to cost $11,000.00. He said that this was punishment because we took too long to buy the car. We said that this was not fair and that it was not right. We were downstairs in the shop in the middle. We were near the wood heater.
After we were talking Lupcho got upset. He was saying that it was fair that it was the principal that I had stuffed him around and that he had paid $2,000 to get the car fixed and that the extra money was punishment. Lupcho's father was present.
Lupcho has then picked up a poker from ... near the heater. He has lifted it up and called me a mother fucker and threatened me with it. I thought he was going to hit me with it. My wife was also talking to him saying how unfair and unjust this was. She was pointing her finger at him. He put his hand up and then he said to my wife don't point your fucken fingers at me. He then grabbed his own fingers and crushed them. He said 'I will break your fucken fingers.'
The talking was heated. He was more upset, yelling and screaming. His father said to my wife that she talked too much.
This went on for a while. Lupcho was saying that he would lease me the car for $10,000 but I would have to pay for the registration. This was different from the original deal because he said he would pay for the registration. He said, that if I didn't buy the car then I would have to pay for the repairs that had been done anyway.
My wife asked him about a road worthy. He told her why worry about it, because it was his problem the car was leased to us but he is still the owner if there is any problem then he would get it fixed. He said that if we bought another car he would burn it and dance around it.
We have then agreed to lease the car. I agreed because he said I was still liable to the repairs. I had no alternate as I don't have any money. If I was able to go somewhere else I would have.
We went to the Epping Police station to have the lease agreement witnessed by Police. I signed the document in front of the Police. Lupcho also signed in front of the Police. I thought it was strange that he would go to the Police station to get a lease agreement signed. He said, that was the way he did things. It didn't worry me so I went.

[1418]

I drove the Mercedes to his shop. ...
I went to the back of the shop. Lupcho was there, his wife was there and there are couches and a desk. Two other men then appeared from somewhere in the shop. I did not know these males. Lupcho told me to sit on the couch. I did that.
Lupcho said to me to put my watch and my son's mobile on the table. I did that. My watch is a silver coloured Seiko watch. It has a steal silver band. It has a white face, it had a day and date display on it. It has a round face. My son's mobile is a grey Nokia 6610I prepaid mobile. The EMIE number is 35665000327. Lupcho has then made me write on a Sky T.V receipt that I was leaving my mobile phone and watch as security due to non payment. I signed the document and it was dated the 7th November 2005. I have since given this document to the Police.
The tall guy with the long hair then gave me another mobile phone, which he said was his mothers. He then wrote another receipt saying that I was lending one Nokia mobile phone for 2 weeks. I then signed this document. I have given this document to the Police.
Lupcho then started yelling and screaming at me and abusing me. He was saying I was a mother fucker, that did I think I could just take his $10,000 car and not pay, that I can't steal from a criminal that he was a bigger criminal than me. I told him I rang his wife and that I was waiting for him to call me back. He said he tried to call me. Lupcho has then slapped me to the left side of my face. It was a very hard slap, and it hurt me. He said as he hit me that was fucking four weeks ago. He said, he hated people who lied, he told me he hated me, and people like me had stuffed up Macedonia. He told me I had to take responsibility and I had to be a man. I was sitting on the couch and he was on a chair and the two other males were also on chairs. It was like a semi circle.
After that one of the males has hit me so hard I thought he had broken my jaw. I thought that I was going to pass out. He has hit me with a fist. He has hit me at least twice. The male that hit me I would describe as Aussie bloke, maybe 35 or 40 years, he has very short hair, like almost bald. He has a heavy build.
There was a little black table in front of me and one of them has got a guillotine and put it on the little table. I don't know where it came from but it could not have been far away. I was sitting down on the couch and Lupcho and the other two males has grabbed my hand and put it on the guillotine, they have put the blade right down on my fingers, and said that this is what we will do you to next time, we will cut your fucken fingers off. Lupcho had a hold of my hand and he cut himself on the guillotine between the thumb and index finger. It was around the middle. He was bleeding and his wife gave him a bandaid. One of the males also said that next time there will be no talking bullshit they will just put me in the boot of a car and run into a pole. I was so scared and worried, I thought they were going to cut my hand off. I was very very scared. I was in pain and fear, and I was in shock, and I was confused. I have never been in this situation before.
The other male at the shop I would describe as Aussie, tall and a bit skinny and he had long hair. I would recognise him again. Dimce and Lupcho's dad were also in the shop. Dimce was present when this was happening. His wife was in the shop but I don't know if she was present when this happened.
I was in a semi conscious state and then the tall Aussie guy with the long hair has taken me out to a kitchenette out the back and made me wash my face in the sink. He gave me a glass of water to drink.
I told Lupcho that I had to get my son at 1.30 p.m. Lupcho told me he would take me to a place to get a replacement car. There was a discussion between Lupcho and his wife and Dimce about getting my son from school. In the end they gave me $10.00 for petrol.
I think I was there from about 11.45 a.m. to 1.15 p.m. At 1.15 p.m. I went with the tall Aussie guy to Midas in Settlement Rd in the blue Mercedes. The tall Aussie guy was driving. I had given him the keys. Lupcho and Dimce went in a different car to us.
We went to Midas in Settlement Rd, Thomastown. Lupcho talked to John the owner of manager. There was a white Falcon about 20 years old. They gave me that to drive. Lupcho asked John to look at the car. John said that the transmission was stuffed and he could not fix it and he had to send it somewhere else. It was going to cost about $2,500.00 to fix. I left the Mercedes there and I went to pick up my son.
The next day I went and returned the white car to Midas. The blue Mercedes was still there and I got some property out of the car. That was the last time I saw the Mercedes. I went back in the afternoon and got another replacement cart which was a Calais, running on gas. The letters were SZI. I can't remember the numbers. John told me that this is the car that Lupcho had organised for me. He told me the car was unroadworthy but it would be alright for a few days.
The following day I called Lupcho and we talked. He started using the same words, like mother fucker, he told me he had helped me out because my son was sick, but he hoped my son died. I told him not to say it and then he repeated all the mother fucker stuff again. That was the last time I spoke with Lupcho.
On the 16th November I took out and was granted an interim intervention order against Lupcho.

[3026]

[Mrs Slaveska]: All right. Mr Slaveski, you mentioned before that at the time of the assault by the police members, you had two shops, 10 May Road and 453 High Street in Northcote?-

[Mr Slaveski]: Yes.

[Mrs Slaveska]: What happened? Did you continue working? How did you feel after the incident? What happened? Can you explain to us?

[Mr Slaveski]: Well, I was very hurt physically - very painful and also mentally. I just - you know, prior to that, I was on some sort of little tablets, you know, a bit of, you know, breathing problem or stuff like that but after that, I really got into a very panicky, stressful depression - depressed and until you start feeling depressed, you will never understand what depressed is. So, I started feeling depressed. I could not get up. I could not get out of bed. So, I went, Your Honour, with my mind into my childhood. In Macedonia we used to have pigeons and I spend, you know, around the $10,000 in pigeons and in pigeon cage and their little houses and I closed the - the shop because I could not - I had a choice of - of ripping myself apart and managing both of the shops which you're gunna lose both or you've got a choice to make to close one. Get the manager from one of the shops which was Jim Theodopoulos. I think Your Honour saw the photo of the gentleman.

[His Honour]: Yes.

[Mr Slaveski]: And I had no other alternative because I had to make that decision, nobody else. I could not get up, you know, I could not go to the shop and open the shop.

[Mrs Slaveska]: Mr Slaveski, you mentioned you had to make the decision, did you wanted to make the decision or were you forced to make that decision?

[Mr Slaveski]: My body, my mind, I was forced, I had no way out. When you have no way out, you have to make some decisions, so I made the decision because I was forced, due to the ongoing investigation, the cover-up, the threats from the police. Even since then, we draw the complain, they'll be there, from time to time and even Zulian. "It's very hard to prove, Mr Slaveski". So I had no, I was forced, due to that incident, to close, I'm sorry, I forgot the number of the shop. 435?

...

[Mrs Slaveska]: So the attendance of the police on 8 September had impact on you, your passion not continuing to work, or you couldn't continue to work?

[Mr Slaveski]: I could not work, I didn't want to work, I was depressed. You don't have feelings for nothing, increased my medication two or three times over. Every day, I just wanted to go to a childhood mode, let's play with my pigeons. What did I work for? To be bashed up by Mill Park and Epping police. That was my attitude.

[Mrs Slaveska]: OK. So did you end up, as you said, your childhood mood, did you end up doing that?

[Mr Slaveski]: Yes I did, yes.

[Mrs Slaveska]: What did you do?

[Mr Slaveski]: I bought pigeons. I couldn't do my music book because I wasn't feeling, but I just wanted to play with pigeons, and I bought, I think, about 250-300 pigeons, Your Honour. That's a lot of pigeons, but beautiful pigeons. Do you like pigeons, Your Honour?

[His Honour]: It's not an issue Mr Slaveski.

[Mr Slaveski]: But I wanted to get into my childhood mode, if I can express it that way, because my doctor said, "What did you used to like doing?" And I said, "I used to like playing with pigeons". He says, "Well, do that", so I took the doctor's advice.

[3064]

[Mr Slaveski]: [C]an you recall that Snezana, in 2004, when I was arrested?

[Mrs Slaveska]: In 2004 you were imprisonment for seven days, and when you got out of gaol you were really, your health just went completely down. ...

... After that, when they released you, sort of you continued with the business, but it was on a, you were not very strong to concentrate, to operate and after you couldn't work and, of course, when you don't work you can't make money. I mean, I wasn't working, and we defaulted with our mortgage payments for mortgage what we had against the properties. And as a consequence to that, the Commonwealth Bank issued a written statement of claim, I think it was June 2005, they served us with the writ. ...

...

[Mrs Slaveska:] Mr Slaveski opened the business in 1997 and he advertised since day one with the Leader newspaper until, I think, Your Honour, I'm not exactly sure, I think he stopped in early 2005 to advertise because the business went down. That is when he got locked up and he got ill and he just couldn't continue with the business advertising because, Your Honour, is my memory, one ad was around the $200 or 230 a week, just one ad, and he was advertising for two shops, so it was costly, so he just got sick and he couldn't operate anymore. ...

...

[Mr Slaveski]: So what you're saying is I was locked up, people started what, getting rumours, did you hear rumours?

[Mrs Slaveska]: Well there were a lot of rumours and like "What did he do to go in jail? He must be a criminal. He must be a drug dealer. He must've done something that he was in jail."

[Mr Slaveski]: And who was spreading these rumours?

[Mrs Slaveska]: The people - I mean - - -

[Mr Slaveski]: And who were the people asking them about me? Which people, what sort of - - -?

[Mrs Slaveska]: The rumours came as a result of you being locked up ...

...

[Mr Slaveski:] So then if we can put it together, that the police are spreading all of this rumours about me, asking questions and are those questions even up to date?

[Mrs Slaveska:] Yes there's a lot of rumours as a result of you being hassled and locked up by the police. A lot of the Macedonian community and other nationalities in our area stopped coming to our business. You advertised a lot for the finance in the ethnic newspapers and you had mainly Macedonian customers. They just stopped coming to us. They would see me on the street. A lot of people that I know they will just walk on the other side, ignore me. I could overhear sometimes, "You drug dealers", "You criminals". And it's not a very pleasant thing to be said when you walk on the street, especially with your children or even by myself. And people just stop coming to the shop. The business went down, customers were not coming like they used to come.

...

[Mrs Slaveska]: [Between 8 September 2000 and 17 November 2004, Mr Slaveski's] health didn't - didn't get any better, it was getting worse but he was still coping up to certain degree. Then Your Honour, in 2004 when he got locked up, his health really changed and his - his attitude changed. He always used to complain, he used - like he was sleeping at night and he was going to say "I can't breathe. I can't breathe. Stop hitting me." Like I would say, "Who's hitting you? Who's kicking you?" "The police." And he used to complain Your Honour, like he was locked up with murderers or drug dealers, with criminals in jail. He said it's not a very pleasant place to be and he just - and I remember at that stage Your Honour, he was spitting blood when he was released from jail.

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