Smith v Woodward [2009] QCA 119

Smith v Woodward [2009] QCA 119 - QCA 2009 case summary — Zoe

[31]

Any evidence relating to this matter involving the member of the Queensland Police Service Craig John Ryan, Registered Number 6459, must be brought into question now that he has brought up a matter that was dismissed on 10 November 2004 against the appellant in the Maryborough Magistrates Court. In this matter Craig John Ryan was the prosecutor involved and it was terminated on day three of the committal proceedings after Ryan was unable to proceed with the matter further, seeing that the appellant in this matter was again, the victim outside his own residence in Smith Avenue Tiaro on 18 February 2004. The appellant was confronted with a 15 year next door neighbour whilst returning from checking his steer, which was grazing at the most northern block of land in Smith Avenue Tiaro owned by a local undertaker. Livestock is permitted to perform this task providing no bulls are involved. This date was the close of nomination date for the local council elections for the Tiaro Shire. Both the appellant and ... (name deleted) were nominated by residents to run for these local government elections. The next door neighbour of the appellant in this matter had formed an unusual relationship with ... (name deleted) considering since moving into Smith Avenue Tiaro, the neighbour had an unusual amount of vehicles that visited the location of his front door. The vehicles and occupants only went ... (passage deleted). This occurred between the hours of darkness and such behaviour had never been encountered by the appellant in this matter in the street, who had been in the district for decades even though leaving through work commitments throughout the State of Queensland. This next door neighbour and these unusual occurrences was reported to ... (name deleted) by the appellant, a retired police officer himself, that this was happening in this dead end road that had maybe a mere vehicle on the odd occasion during the hours of darkness until the next door neighbours took up residence about the turn of the century. The next door neighbour then set about on a 'neighbour from hell' campaign that involved the killing of the appellant's children's hens with a firearm and when police attended such a matter he claimed the neighbour did not have a weapon. This was in spite of the fact that the appellant in this matter had witnessed the use of the firearm and the projectile remains being available with the dead poultry for examination, if the police would have been interested. This neighbour continued his business ... (passage deleted)... with no interest by the local police officer (name deleted), apart from him calling in from time to time. This neighbour (name deleted) resided next door with his spouse and ... (name deleted), who approached the appellant on that evening of 18 February 2004 with a knife drawn threatening the appellant in this matter on the public roadway outside the appellant's premises that he had built in the town decades before. In this encounter where the appellant was in fear of his life when confronted by the adult in stature,

[32]

15 year old, renowned for being a druggie and chromer who had a criminal history involving the same knife pulling incidents in the local district known to the police, called the local police officer after he claimed receiving an injury to his head from the appellant in this matter. (Name deleted) arrived and once again the police were not interested in what the appellant in this matter had to say about the events of the evening. The police officer refused to search for the knife concerned in the area and by this time the 15 year old and father, had concocted a story that the son had been hit over the head with an iron bar, even though the only injury to the 15 year old was little indeed, to what he could have sustained quite legally by any person who he drew the weapon concerned on. Any victim such as the appellant. (Name deleted) arrested the appellant in this matter and was not interested in what he had to say, only the version from his acquaintances. He charged the appellant with assault and whilst at the Watchhouse placed a further charge of assault on the father on the appellant. The appellant was bailed later that evening after having the restriction placed as a bail condition that he was not to walk on the western side of Smith Avenue Tiaro. There were no houses located on the eastern side of Smith Avenue Tiaro. All three residences in Smith Avenue Tiaro are located on the western side overlooking the Mary River with the appellant in this matter and the next door neighbour's property only having access from the roadway on the western side of Smith Avenue Tiaro. The appellant in this matter then walked the twenty five kilometres from Maryborough to Tiaro overnight as he was bailed at 2300 on the 18th February after having his mobile phone broken whilst in police custody. He had no other property in his possession or money and when he arrived at his residence after daylight on the 19th February 2004, the media interviewed him in relation to this matter and it appeared on the channel nine network that evening. This arrest matter proceeded to a committal hearing where the prosecution would not produce the extensive criminal histories of the complainants involved and this resulted with the termination of the matter against the appellant. This history is not submitted by the appellant to be self serving and has been brought about by the Affidavit of the witness in this matter, Craig John Ryan sworn at Maryborough on 13 January 2006 and attached hereto that clearly demonstrates that Ryan is unable to accept that the previous matter he was involved in had to be terminated as a retired police, who retired in good standing, don't usually go around being involved in criminal activities and if involved are being subjected to being a victim, caused it seems in both instances and outlined due to their community input or advise which has been evidenced in both the appealed matter and this previous matter that Ryan is unable to let go of the fact that this court case that was so highly reported in the Fraser Coast Chronicle had to be withdrawn. This court case of 2004 was reported after its withdrawal, on the front page of the paper mentioned as 'POLE ATTACK TURNS INTO COURT BULL'. Following on from this court case was the soliciting of a complaint by Ryan on the day of the Peace and Good Behaviour Order application by the respondent in this appealed matter,

At a glance

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Judgment (45 paragraphs)

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Legislation Cited (2)