By Bob Norson
If you are boarded by any official without
a warrant (except in the case of a police officer who reasonably
expects to find evidence, contraband or a person sought for crimes
etc) you may have a case against the individual(s) involved that
could cost them many thousands.
This subject was discussed in previous
issues of TCP and it has had an effect out there but you should
know the up-date and how the officials are responding.
Trespass is a serious crime which can be
compounded by an ignored request for the perpetrator to leave.
It is regrettable that this is information that you should know
but since the Dollop Wallopers are intent on abusing your rights
you may need to do your homework to protect yourself. Did I say
it has had an effect? Oh yeah! We have several accounts of boats
that have refused boarding and have been successful in keeping
their floating home safeguarded. We have reports that fisheries
and some others are now openly tape recording contacts. I believe
this is likely a means to insure your permission, if granted,
is secured on record.
These people practice on how to trick you into giving permission
to board and you may not even realise they have done it. It can
be very difficult for people brought up to a standard of courtesy
to not respond positively if the question is asked just so. Don't
be induced into a conversation that may be disguised as congenial.
An example of this idea that you may be familiar with.. you have
been stopped by a cop for speeding on the highway. What's the
first question the cop asks? Why were you going so fast?
You are meant to believe that if you have a good enough reason
the cop may let you off, so, you say something like.. oh,
not to fast was I? I'm a little late for my daughters wedding!
While you are grovelling, the cop is writing in their notebook,
driver admits not knowing his speed and was in a hurry
to get to wedding. You were done the instant the lights
came on and if you contest it later the cops note will probably
prevent you from winning. Say nothing and watch them freak out,
or I like to respond; you mean your case is so poor you
feel you have to trick me into an admission to make a conviction?
That's beside the point but the idea is don't say anything except
I do not give permission to board my vessel. In short,
since there is no successful answer to an are you still
beating your wife, question, dont answer. Watch every
word.. they are!
They boarded my vessel anyway!
An important case to refer to is that of Plenty V Dillon
decided in the supreme court of South Australia in 1997. The
web has many references to it. Essentially, two cops came to
a home with a summons for a person not there. The resident asked
them to leave and they did not. The resident then raised a piece
of timber that the cops claimed was a threat so they disarmed
him (I can imagine how!) and arrested him, charged with
assault. The supreme court found that the resident had the entitlement
to resist the officer's entry on his land. The court found
for the resident and assessed $146,000 in damages and interest.
There is more to the case of course but the point is, you do
have rights! If you think you may have such a case you should
talk to a lawyer for advice. As I say, this is merely information.
Myself? If I had a job that required me
to invade a fellow citizens home
I would refuse or quit
on the spot. As a matter of principal and because if there is
a suit, it is against the individuals not the boss! The defence
of I was just following orders, hasnt worked
since the Nazis tried for it.