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Statement about the corrupt WA police, prosecution judicial and legal system on a documentary by E M Smith and WA Attorney General John Quigley

"In Western Australia we have tired old judges who hardly have enough energy to pick up their pen to write the sentence of Life Imprisonment ... tried old judges who are too tired and lazy to properly scrutinize what the corrupt police and corrupt prosecution are about ... Andrew, you will only be released from prison and have your wrongful murder conviction quashed, if we can get your case to the High Court of Australia... because no judge in Western Australia will every have the balls to overturn your wrongful murder conviction, because to do so, would identify the whole of the Western Australian legal, police prosecution, court, and justice system as being inherently corrupt ... no judge in Western Australia will have the balls to do that .... Because Perth is too anal....  and the corrupted tentacles of the Western Australian legal, police prosecution, court, and justice system just wrap around your neck, and as you tear one of the corrupt tentacles of the Western Australian legal, police prosecution, court, and justice system off your neck, another corrupt tentacle just slithers around you .. one has no chance in fighting the corrupted Western Australian legal, police prosecution, court, and justice system, from within Western Australia ... to win against them and obtain any sort of justice, one has to go to the High Court of Australia,..".... WA Attorney General John Quigley

Mental fitness to stand trial Criminal Law (Mentally Impaired Accused) Act 1996  12. Deciding the question of mental fitness
Western Australia  Criminal Law (Mentally Impaired Accused) Act 1996 
The Frightening Act of Parliament in any Western Country which gives the power to any magistrate or judge to order a defendant be sent to a mental hospital instead of a trial where to defendant can prove his innocence.
 
 (1) The question of whether an accused is not mentally fit to stand trial is to be decided by the presiding judicial officer on the balance of probabilities after inquiring into the question and informing himself or herself in any way the judicial officer thinks fit. 
 (2) For the purpose of the inquiry the judicial officer may — 
 (a) order the accused to be examined by a psychiatrist or other appropriate expert; 
 (b) order a report by a psychiatrist or other appropriate expert about the accused to be submitted to the court; 
 (c) adjourn the proceedings and, if there is a jury, discharge it; 
 (d) make any other order the judicial officer thinks fit. 
 (3) The judicial officer may make a report about the accused available to the prosecutor and to the accused, on such conditions as the officer thinks fit. 
 (4) The prosecution or an accused may appeal against a judicial officer’s decision that the accused is not mentally fit to stand trial. 
 [Section 12 amended by No. 84 of 2004 s. 82.] 
 
13. Raising and deciding the question whether an accused has become mentally fit 
 Sections 11 and 12, with any necessary changes, apply to the question of whether an accused found to be not mentally fit to stand trial has become mentally fit to stand trial.  [Section 13 amended by No. 84 of 2004 s. 82.]
Western Australia lCriminal Law (Mentally Impaired Accused) Act 1996 

Please Read full Western Australia Criminal Law (Mentally Impaired Accused) Act 1996 at the bottom of this webpage

The Corrupted Tenticles of the Western Australiad Legal, Police, Prosecution, Court System Wrap Around Your Neck..John Quigley before he was Attorney General of WA 
 

Andrew Mallard's case: A timeline

1994: Perth jeweller Pamela Lawrence is brutally killed with a heavy instrument in her own store. The murder weapon has never been found

1995: Andrew Mallard is wrongly convicted of her murder

1996: Mallard's appeal to the Supreme Court of Western Australia is dismissed by Justices Kevin Park, Christine Wheeler and Justice Smith.

The books The Triumph of Truth (Who Is Watching The Watchers?) and other public information, as also show in the Film "The Law Lord".... "When It Is Important to Protect the Legal System of being exposed for corruption and wrongful activities, the carefully appointed Court Listings Manager is told to select Judges of Justices that the System knows will rule a certain way.... Justice Kevin Parker is well known and well exposed as a corrupted former Solicitor General of Western Australia, a former corrupted head of the Barristers Complaints Board, and a former Corrupted Supreme Court Justice ..... and Christine Wheeler was his personal assistant for years when Kevin Parker was the Solicitors General for Western Australia. and it was only a matter of the listing coordinator selecting a third Justice for Andrew Mallard's Supreme Court Appeal, who the System knew would Rule against Andrew Mallard winning his Full Supreme Court Appeal..

So John Quigley, the now Attorney General of Western Australia was right when he said to Andrew Mallard..

"In Western Australia we have tired old judges who hardly have enough energy to pick up their pen to write the sentence of Life Imprisonment ... tried old judges who are too tired and lazy to properly scrutinize what the corrupt police and corrupt prosecution are about ... Andrew, you will only be released from prison and have your wrongful murder conviction quashed, if we can get your case to the High Court of Australia... because no judge in Western Australia will every have the balls to overturn your wrongful murder conviction, because to do so, would identify the whole of the Western Australian legal, police prosecution, court, and justice system as being inherently corrupt ... no judge in Western Australia will have the balls to do that .... Because Perth is too anal....  and the corrupted tentacles of the Western Australian legal, police prosecution, court, and justice system just wrap around your neck, and as you tear one of the corrupt tentacles of the Western Australian legal, police prosecution, court, and justice system off your neck, another corrupt tentacle just slithers around you .. one has no chance in fighting the corrupted Western Australian legal, police prosecution, court, and justice system, from within Western Australia ... to win against them and obtain any sort of justice, one has to go to the High Court of Australia,..".... WA Attorney General John Quigley

2003: After spending eight years of his sentence of life imprisonment in strict security, he petitioned for clemency

The Attorney-General for Western Australia referred the petition to the Court of Criminal Appeal, which later dismissed the appeal

2005: Mallard's appeal is heard in the High Court, his conviction is quashed

2006: After 12 years behind bars, Mallard is free

A cold case review is held and uncovers a partial palm print linking British backpacker and convicted murder Simon Rochford to the crime scene

A week after Rochford is questioned by police, he is found dead in his prison cell from suspected suicide

2007: A Corruption and Crime Commission investigation into the case leads to two assistant police commissioners, Mal Shervill and David Caporn, being forced to step down

2009:  Mallard is granted a $3.25 million ex gratia payment for his time behind bars

2019: Mallard is killed in a tragic hit and run in Los Angeles 

WA Attorney-General John Quigley (pictured) remembered Mr Mallard as a gentle person

Andrew Mallard standing in front of one of his artworks in 2009. Credit- Lee Griffith

Andrew Mallard standing in front of one of his artworks in 2009.

 I was framed for murder, says Mallard
27 Sep 2010
https://www.abc.net.au/news/2010-09-27/i-was-framed-for-murder-says-mallard/2275496

The man wrongfully convicted of murdering West Australian woman Pamela Lawrence says he still suffers abuse from members of the public who think he is "some sort of psycho".
In 1995, Andrew Mallard was convicted of the brutal murder of the Perth wife and mother and sentenced to 20 years in jail.
He served 12 years in prison until the combined efforts of a journalist, politician and a team of high-profile, pro bono lawyers finally saw him exonerated.
On ABC 1's Australian Story, Mallard speaks on camera for the first time, describing the circumstances leading up to his wrongful imprisonment and the torment he endured during his incarceration.
"I was wrongfully imprisoned. There's a stigma that goes with that and still goes with that," he tells the program.
"I know what they did to me and it's the truth. They framed me for a murder I did not commit."

Journalist Colleen Egan had worked on the Mallard case for two years when she became convinced there had been a miscarriage of justice.
"There probably are still people out there who believe that Andrew did it. There probably always will be," Ms Egan said.
"It was just a cruel twist of fate that put him on a collision course with this inquiry and it was just a matter of fact that there were police who were willing to act dishonestly.
"There was a prosecutor willing to run a case that wasn't quite right, and there were three judges who refused to believe it when evidence was put in front of them, and they saw what the High Court saw."


Desperate in her efforts to find new evidence, she took a risk in seeking the assistance of shadow attorney-general John Quigley, who had been the WA Police Union's lawyer for 25 years.
Soon Mr Quigley, with his intimate knowledge of policing practices, made a breakthrough, finding crucial evidence never revealed to the defence.
"There was never a moment that I thought that this is too long or this is too hard," Mr Quigley said.
"I was by this stage driven by both anger and acute embarrassment - acute embarrassment of the legal profession and the judiciary in Perth, that I'd been part of this whole system for 30 years."
Mallard's supporters were devastated three years later when, despite the new evidence, a fresh appeal to the WA Supreme Court failed.

AndrewMallardEndured12yearsIn JailForAMurderHeDidNotCommitAasTragicallyKilledOnHollywoodsIconicSunsetBoulevard

Andrew Mallard Endured 12 years In Jail For A Murder He Did Not Commit Is Tragically Killed by USA Los Angeles Basketballer  Kristopher Smith On Hollywood's Iconic Sunset Boulevard In A  Car Hit And Run

Statement about the corrupt WA police, prosecution judicial and legal system on a documentary by E M Smith and WA Attorney General John Quigley

 
 
 
 
 
Lloyd Carew-Reid
Lloyd Carew-Reid Classical Guitarist


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"Is Western Australia a democracy or a fascist state?" Andrew Mallard.

IWasFramedForMurderbyDavidJohnCapornAnsKennethBatesSaysAndrewMallard

The extraordinary case of Andrew Mallard

"Is Western Australia a democracy or a fascist state?" ... Andrew Mallard.

"Why should these powerful people such as Kenneth Paul Bates, former senior DPP prosecutor, David John Caporn,  former Assistant Western Australian Police Commissioner and others be above the law?" ... Andrew Mallard

-------- Original Message --------
Subject: "Why should these powerful people be above the law?" ... Andrew Mallard
Date: 2022-12-02 11:46
From: This email address is being protected from spambots. You need JavaScript enabled to view it.
To: Commissioner of Police for Western Australia <This email address is being protected from spambots. You need JavaScript enabled to view it.>, The Honourable Julie Wager <This email address is being protected from spambots. You need JavaScript enabled to view it.>, "Robert Owen, The Director of Public Prosecutions for Western Australia" <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Yanina Boschini-Legal Administrator for the Director of Public Prosecutions <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Robert Owen <This email address is being protected from spambots. You need JavaScript enabled to view it.>, "John Quigley, The Attorney General for Western Australia" <This email address is being protected from spambots. You need JavaScript enabled to view it.>, "Michelle Roberts, The Minister of Police for Western Australia" <This email address is being protected from spambots. You need JavaScript enabled to view it.>, "Strain, Rebekah" <This email address is being protected from spambots. You need JavaScript enabled to view it.>, District Court Services <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Associate for Judge Barbagallo <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Associate for Judge Bowden <This email address is being protected from spambots. You need JavaScript enabled to view it.>

"Why should these powerful people such as Kenneth Paul Bates, former senior DPP prosecutor, David John Caporn,  former Assistant Western Australian Police Commissioner and others be above the law?" ... Andrew Mallard

Andrew Mallard Was Framed by Kenneth Paul Bates, former senior DPP prosecutor, David John Caporn, former Assistant Western Australian Police Commissioner and others .. Then it seems that Andrew Mallard was deliberately murdered by a hit and run driver who only was punished with a weekend detention order.. which supports the claim by a whistle blower insider that "Los Angeles Basketballer, Kristopher Smith Who Pleaded Guilty To The Fatal Hit-run-Death Of Andrew Mallard, was paid by powerful Freemason and CIA connections of Kenneth Paul Bates, former senior DPP prosecutor, David John Caporn, former Assistant Western Australian Police Commissioner and others, deliberately kill Andrew Mallard by deliberately hitting Andrew Mallard with his car.. to stop Andrew Mallard from continuing to publicly speak out claiming he was Framed by Kenneth Paul Bates, former senior DPP prosecutor, David John Caporn, former Assistant Western Australian Police Commissioner and others ... and to stop Andrew Mallard from continuing his proposed application to issue a private criminal prosecution against Kenneth Paul Bates, former senior DPP prosecutor, David John Caporn, former Assistant Western Australian Police Commissioner and others for a criminal conspiracy to pervert the course of justice, as ruled by the justices of the High Court of Australia as the reason why the High Court quashed Andrew Mallard's wrongful murder conviction "....

"Why should these powerful people be above the law?" ... Andrew Mallard
https://inltv.co.uk/index.php/andrewmallardframed

Attention:
The Honourable Julie Wager, the Chief Justice of the District Court of Western Australia,
District Court of Western Australia
ABN: 70598519 443
500 Hay Street
Perth, WA 6000
Telephone: +61 8 9425 2128
Facsimile:  +61 8 9425 2268A
Email: "The Honourable Julie Wager" <This email address is being protected from spambots. You need JavaScript enabled to view it.>
"Associate for Judge Bowden" <This email address is being protected from spambots. You need JavaScript enabled to view it.>
"Associate for Judge Barbagallo" <This email address is being protected from spambots. You need JavaScript enabled to view it.>
                                                                                                                                                             Registrar Davies
Registrar Davies, the chief registrar of the District Court of Western Australia,
Registrar Davies
District Court of Western Australia
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Rebekah Strain| Criminal Case Management
District Court of Western Australia | 500 Hay St, PERTH WA 6000
T: 9425 7911|w: www.districtcourt.wa.gov.au
"Strain, Rebekah" <This email address is being protected from spambots. You need JavaScript enabled to view it.>
 "District Court Services" <This email address is being protected from spambots. You need JavaScript enabled to view it.>

 Robert Owen, The Director of Public Prosecutions for Western Australia
Director of Public Prosecutions International House
Level 1, 26 St. Georges Terrace, Perth WA 6000
Tel: (08) 9425 3999 Fax| (08) 9425 3600
Email: "Robert Owen, The Director of Public Prosecutions for Western Australia" <This email address is being protected from spambots. You need JavaScript enabled to view it.>

"Robert Owen" <This email address is being protected from spambots. You need JavaScript enabled to view it.>

John Quigley, The Attorney General for Western Australia

John Quigley, Attorney General for Western Australia
Email: "John Quigley, The Attorney General for Western Australia" <This email address is being protected from spambots. You need JavaScript enabled to view it.>

Michelle Roberts, The Minister of Police for Western Australia
Email: "Michelle Roberts, The Minister of Police for Western Australia" <This email address is being protected from spambots. You need JavaScript enabled to view it.>

And

Chris Dawson, The Commissioner of Police for Western Australia
Email: "Commissioner of Police for Western Australia" <This email address is being protected from spambots. You need JavaScript enabled to view it.>

Yanina Boschini | Legal Administrator for the Director of Public Prosecutions
Office of the Director of Public Prosecutions for Western Australia
Ground Floor, 55 St Georges Terrace Perth WA 6000
Email: DPP-ExecutiveChambers <This email address is being protected from spambots. You need JavaScript enabled to view it.>
"Yanina Boschini-Legal Administrator for the Director of Public Prosecutions" <This email address is being protected from spambots. You need JavaScript enabled to view it.>
https://inltv.co.uk/index.php/andrewmallardframed

"Is Western Australia a democracy or a fascist state?" Andrew Mallard.

Robert B. Carew Barrister in Ontario Canada  

Robert B. Carew – Carew&Carew Associates (robertcarewlaw.com)

http://www.robertcarewlaw.com/en_CA/robert-b-carew/

 
Mr. Carew graduated from McGill University with a Bachelor of Commerce (Great Distinction) and completed his Common Law degree at the University of Ottawa in 1982. Following his period of articles with the Ministry of the Attorney General in Ottawa, he was called to the Bar of Ontario in 1984 and to the Bar of Quebec in 1991.

Mr. Carew worked at the Ministry of the Attorney General in Ottawa until 1988 and then joined a prominent criminal defense firm. Since 1992, Mr. Carew has continued to practice exclusively in the field of criminal law as a sole practitioner and since 2015 in association with his daughter Vanessa Carew. He has vast trial experience successfully representing clients in the provincial and superior courts in Ontario and Quebec and has also appeared in the appellate courts in both provinces and in the Supreme Court of Canada (e.g., The Queen v. Knox).

Mr. Carew represents adult and young offender clients charged with all Criminal Code offences such as assault, sexual assault, threats, mischief, theft, fraud, forgery, personation, counterfeiting, break and enter, robbery, forcible confinement, impaired driving, criminal negligence, firearm offences, extortion, child pornography, attempt murder and murder. Mr. Carew also represents clients charged pursuant to provincial statutes such as the Highway Traffic Act (e.g., careless driving, leaving the scene of an accident) as well as other federal statutes such as the Controlled Drugs and Substances Act (e.g., trafficking, cultivation), the Excise Act and the Customs Act.
Mr. Carew will vigorously defend his clients from their arrest to their bail hearing through to preliminary hearing and trial. His extensive experience will help to achieve the best possible result for you while protecting your hard earned reputation.
Mr. Carew welcomes new and returning clients and will gladly provide an initial consultation to explain your available options and assist in defending your rights. As Mr. Carew is bilingual, services are provided in French and English.

 
http://www.robertcarewlaw.com/en_CA/domaines-de-pratique/

Legal Practice Areas of Carew & Carew Associates

Carew & Carew Associates practices primarily in the provinces of Ontario and Quebec exclusively in the areas of criminal and quasi-criminal law and represents clients against all matters under municipal, provincial and federal laws at all court levels.

The firm defends adult and young offender clients charged with all Criminal Code offences such as assault, sexual assault, threats, mischief, theft, fraud, forgery, personation, counterfeiting, break and enter, robbery, forcible confinement, impaired driving, criminal negligence, firearm offences, extortion, child pornography, attempt murder and murder. The firm also represents clients charged pursuant to provincial statutes such as the Highway Traffic Act (e.g., careless driving, leaving the scene of an accident) as well as other federal statutes such as the Controlled Drugs and Substances Act (e.g., trafficking, cultivation), the Excise Act and the Customs Act.

Carew & Carew Associates is a bilingual law firm and provides services in French and English.

Vanessa B. Carew


 
Vanessa Carew obtained her Bachelor of Science and Juris Doctor at the University of Ottawa. Prior to working in association with senior counsel Robert B. Carew, she completed her articles of clerkship with a prominent international law firm in Ottawa.
 
During law school, Vanessa Carew was a leader in the criminal division at the University of Ottawa Community Legal Clinic. She represented individuals charged with criminal and provincial offences and conducted trials while still a law student. She received the Clarey B. Sproule Award in recognition of her contributions to the Legal Clinic.
 
Vanessa practices exclusively in the areas of criminal law. She has experience with cases at every level of court and she defends clients for all criminal charges under the Criminal Code, the Controlled Drugs and Substances Act and the Youth Criminal Justice Act.
 
Vanessa is fluently bilingual in French and English, and practices in both official languages.

Contact

 

4 – 200 Cooper Street
Ottawa, Ontario
K2P 0G1
Fax: (613) 564-0400

Robert B. Carew
Tel: (C) (613) 552-2060, (R) (613) 692-7817
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Vanessa B. Carew
Tel: (C) (613) 612-5371, (R) (613) 491-1615
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 
http://www.robertcarewlaw.com/en_CA/vanessa-b-carew/
 
 
"Robert Carew - 11 Lawyer Reviews & Ratings - LawyerRatingz.com (Mobile)" 
https://www.lawyerratingz.com/m/ShowRatings.jsp?tid=2498
 
Robert Carew Lawyer
Practice Area:  Criminal Defense
Firm:  Carew Robert B
Phone:  +1 613-692-9277
Profile updated: 8/23/12
Submit profile update
Rating: 4.2 (1-5) based on 11 reviews.

Lawyer Robert Carew has a good overall rating on LawyerRatingz.com.
 
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The following ratings and comments have not been substantiated by LawyerRatingz.com.
KEY Date Review  
  
 12/19/19 By far, the most knowledgeable criminal defense lawyer that the city of Ottawa has to offer in criminal defense. He has won me acquittal and findings of not guilty at my only 2 trials of serious charges and my numerous other court cases, where I was facing custodial sentences of 4-5 years. I would recommend him to ANYONE that is before the courts dealing withcriminal matters I will continue to have Bob Carew represent me until he no longer practices law. Thank you Bob, for all that you do!!!
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 4/10/15 Extremely effective lawyer with precise knowledge of all aspects of the law. Also, he works both in ontario and quebec. His costs are very fair across the board. He doesn't charge for petty emails or phone calls, only court time, and time spent on developing your case. Shows up on time, no delays, keeps you informed and overall builds your confidence...especially in my case - right until the moment the judge dropped the gavel in my favour. He got my DUI case thrown out and I am very grateful a friend recommended him. If his skills in the courtroom can't get you out of a bind, not many other lawyers could.....
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     9/18/13  
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 3/28/13 this man is dedicated to his profession He is a defence lawyer and works as hard on legal aid files that he does on high paying clientele. he is very straight and does not make promises that he cannot keep. He can be reached easily or will call you back, always within the next 24 hours if it is not an emergency. I can personaly vouch for his honesty and devotion when taking on your case.
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 11/26/12 Bob Carew is a fantastic lawyer. He will work for you and help you anyway he can. I called him at 11pm and he picked up the phone!
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 1/5/12 All I have to say is Thank you for saving my reputation and my life
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      SYSTEM: 2 positive duplicate or disallowed ratings automatically removed 
  
 1/26/11 verry good lawyer Yes he really work for you and not the system. give all info, that you need to know. If you rally have to consult a lawyer See Mr. B. Carrew do not hesitate...
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 9/12/10 Should definately be your first call. Don't talk to anyone but him ever.
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 5/3/10 Very Good Lawyer. He wworks for you, Not the system.
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 5/18/08 i think he's doing a great job
 
  
     

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Lorelle Anderson

First Name: Lorelle
Last name:  Anderson
Title/Position:  Assistant Director for Public Services
Institution:  FAMU LAW
Address:  Florida A&M University College of Law 201 Beggs Ave. Orlando, FL 32801
Phone: 
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"WA prisoners in 'inhumane' conditions as mental health hospital Frankland Centre's waitlist grows - ABC News" https://amp.abc.net.au/article/101563292

 

WA prisoners in 'inhumane' conditions as mental health hospital Frankland Centre's waitlist grows

Posted Wednesday 26 Oct 2022 
A black and white photo of prison bars and shadowSheila Rajan says patients who stay in prison longer while they wait for appropriate care could become traumatised.(Unsplash: Ye Jinghan)

Up to 20 prisoners with severe mental illness are living in "inhumane" conditions that breach human rights because the state's only mental health hospital for inmates is perpetually full, advocates say.

Key points:

  • Mental Health Advocate Sheila Rajan says the system is failing some of the most acutely ill patients
  • A staff at Frankland Centre says one of the bed was empty last week due to staff shortage
  • WA Health says there are only five people on waitlist curently

Frankland Centre is a 30-bed forensic hospital on Graylands Campus, providing inpatient mental health care to remand and sentenced prisoners.

But even as demand soars, one of its beds has been empty, while department data shows others are full of people not actually convicted of crimes but held in custody under a controversial WA law that allows indefinite definition.

Mental Health Advocate Sheila Rajan, who sees the inmates when they arrive at the Frankland Centre, said she felt angry that the system had failed them.

"… We have not done the right thing by people who have a sickness that needs treatment," she said.

A staff member of the facility, who asked to remain anonymous to protect their employment, said one of the 30 beds was empty last week because there was not enough staff to safely care for another acute patient.

"It's heartbreaking," the worker said.

"You hear news stories about suicides in prison and with people not being cared for properly — that's going to cause more trauma for them while they're waiting for a bed.

"I'm worried about the people that are waiting, and they are potentially in solitary confinement."

Waitlist not that long, government says

The brick exterior of the Frankland Centre with a van labelled "security" parked outside.
WA's prison population has tripled since the Frankland Centre opened in 1994.(ABC Radio Perth: Alicia Bridges)

WA Health said the bed was not empty due to staff shortages but "for the safety, wellbeing and clinical needs of consumers and staff and due to an admission earlier in the week."

It said there were currently five people on the waitlist, but advocates say it fluctuated to numbers of up to 20 on any particular day.

WA Inspector of Custodial Services Eamon Ryan said there had been an average waitlist of between 10 and 15 so far in 2022. 

If you or anyone you know needs help:

He said prisoners who needed long-term hospital treatment were increasingly being taken to emergency rooms because there were no beds available at the Frankland Centre.

"They're seen, stabilised for maybe a period of 12–24 hours, and then returned back to the prison to the same environment," Mr Ryan said.

"It's a bandaid."

Some prisoners isolated  

He said the patients that would normally be transferred to the Frankland Centre were experiencing serious mental health conditions, including extreme psychosis.

Mr Ryan said, in prison, they were often isolated under observation in cells where they could not self-harm.

He said the majority of their care was provided by custodial officers who were not trained as mental health workers.

"Essentially, their task is to keep them alive," Mr Ryan said.

"It's just a fundamental breach of human rights. It's inhumane."

Mr Ryan said that although there were 29 dedicated mental health beds at Bandyup Women's Prisons and a new 34-bed facility being built at Casuarina, they were not equipped to provide appropriate treatment in the most severe of cases, which were categorised as "P1s".

A slightly smiling middle -aged man, short dark blond hair, wearing a suit and tie stands in front of a book shelf, painting.
Eamon Ryan says people with severe mental illness are sometimes held in isolation in prison for their safety.(ABC News: Rhiannon Shine)

The Department of Justice said the most acute patients needed to be referred to the Frankland Centre, sometimes for involuntary treatment, which the department was not legally allowed to provide.

"When there is no bed available at the Frankland Centre, a patient may be transferred to a tertiary hospital's emergency department as a short-term solution," a department spokesperson said.

For those who had to stay in prison because the centre was full, the spokesperson said careful consideration was given to ensure the safety of people who were considered a danger to themselves or others.

He said mental health nursing was provided seven days a week, with staff assessing, treating and caring for patients in specialist units.

"Vulnerable prisoners remain under observation with access to health staff at all times," the spokesperson said.

Calls for mentally impaired custody reforms

People who are accused of crimes but are unfit to stand trial due to being "mentally impaired" can be held in custody indefinitely in Western Australia at the attorney-general's discretion.

Dark silhouetted photo of a man and a woman looking out a window, taken from behind.

Controversial law creates bottleneck

In the past four years, an increasing number of beds at the Frankland Centre have been filled by people detained under the Mentally Impaired Accused Act.

The act allows the indefinite detention of people who are accused — not convicted — of crimes but remain in custody because they were unfit to stand trial or be held criminally responsible. 

Unlike people serving jail sentences who might receive temporary treatment at the centre, patients on custody orders could remain there indefinitely until a board decides they are fit to stand trial or live in the community.

A photograph of a title page of the Mentally Impaired Accused Act.
People ordered to receive treatment at the Frankland Centre under the Mentally Impaired Accused Act often stay much longer than convicted prisoners.(ABC Radio Perth: Alicia Bridges)

"The laws govern how long they need to be there," Ms Rajan said.

"They have mental illnesses that require treatment. They need to be in a hospital. They should not be in a prison, so it is absolutely appropriate that they are referred.

Contempt of court warning for WA government

The WA government is warned by a senior judge it risks being found in contempt of court for continuing to house juvenile detainees in an adult prison.

A small room with two bare single beds on either side, with a stainless steel basin and toilet in the foreground.

"The problem is that we haven't got enough beds."

In June, there were 28 beds filled by patients on custody orders, more than triple the number in 2017, reducing access for prisoners in jail. 

By the time a bed became available, she said their mental illness had often intensified due to trauma.

Ms Rajan said to make room, patients were sometimes being discharged from the Frankland Centre before they were well enough

The number of prisoners in WA has tripled since the Mount Claremont facility opened in 1994.

Ms Rajan said such a disparity between services and demands would not occur for patients with physical ailments.

"If you had someone with diabetes, and you were not treating it … you'd be negligent," Ms Rajan said.

Plans for Graylands expansion 

She said people could not be "compelled" to do treatment if they were in prison, so some inmates who would otherwise be considered unfit to make that choice remained untreated.

Creating more beds for prisoners is under consideration as part of the Graylands Reconfiguration and Forensic Taskforce, but those close to the project say construction is years away.

WA Health said it was a "long-term project that would deliver significant benefits to the WA community."

Find more local news

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Mark McGowan's promise to stop jailing mentally impaired people indefinitely still unfulfilled

ABC Radio Perth / By Alicia Bridges Posted Tue 17 May 2022 

 https://www.abc.net.au/news/2022-05-17/mentally-impaired-custody-reforms-go-unfulfilled-by-mark-mcgowan/101061754

John and Susan's son has been in jail for four years, but not because he was convicted of a crime.

He is in custody under a controversial law the West Australian government promised to reform urgently in 2016, but six years later it remains unchanged.

Thomas, 49, who has an acquired brain injury from birth, was accused of a series of offences but deemed unfit to plead or stand trial due to cognitive impairment.

Under the Mentally Impaired Accused Act, Thomas and others who are considered to be "mentally impaired" can be held in custody indefinitely at the attorney-general's discretion.

John and Susan, who are using pseudonyms for privacy reasons, say the fight to have their son released, or at least held in custody somewhere other than a jail, has taken over their lives.

"It's been a nightmare," John said.

"We are collateral damage.

"The lives of families can be destroyed by this."

John and Susan are among several families in WA whose relatives remain in custody under the Act, which mental health groups have been fighting to change for a decade.

McGowan government promised reforms

In 2016, a year before his government was elected, Mark McGowan promised to reform the legislation within one year of gaining power.

"Our justice system is designed to protect the community and, while this is paramount, vulnerable members of the community need to have access to natural justice, fairness and the treatment they require," Mr McGowan said at the time.

"WA Labor's reforms are urgently needed."

A man with short hair and a blue jacket delivers a speech at a lectern
Mark McGowan promised in 2016 to reform the law within a year if elected.(ABC News: James Carmody)

But more than five years after coming into power in 2017 the reforms have not been made, prompting concern from families and criticism from Western Australian Association of Mental Health (WAAMH) chief executive Taryn Harvey.

She said the legislation was drafted in 2019.

"How are we three years later, and we haven't yet even got a piece of legislation to parliament to take it through the processes?" she said.

The government's failure to act means there are still no limits on the amount of time a person can stay in custody, and constraints remain on the circumstances in which judges can order community-based custody.

It also means there are fewer avenues of appeal than for those who are fit to stand trial, and fewer opportunities for their custody status to be reviewed.

As a result, people who are deemed mentally unfit to stand trial under the Act can remain in custody longer than they would have if found guilty of the crime.

The Mentally Impaired Accused Review Board, an arm of the Prisoners Review Board that is led by a judge, can recommend a person be released but it is up to the attorney-general, with sign-off from the governor, whether that recommendation is followed.

Find more local news

Pressure to change law

Pressure to change the Mentally Impaired Accused Act came after the high-profile case of intellectually disabled man Marlon Noble, who was held in jail for more than a decade despite having never been tried or convicted of a crime because he was deemed unfit to plead.

If you or anyone you know needs help:

In 2016, the United Nations found that the WA government had breached its responsibilities under the UN Convention on the Rights of Persons with Disabilities, and it recommended law reform.

In the same year, a WA government review of the Act also recommended changes but did not call for an end to indefinite detention.

A state government spokesperson said the government still considered changing the law a priority because it was in "desperate need of reform".

"However, it is not simply a matter of amending the legislation," the spokesperson said.

"The management of persons with mental impairment in the justice system is a very complex issue, requiring a careful balance of human rights, the administration of justice and the protection of the community.

"Alongside the legislative reforms, a broader body of work is required across government to ensure WA's new criminal law mental impairment framework can operate effectively. This work is progressing."

But Ms Harvey from the WA Association of Mental Health, which publicly applauded Mr McGowan and WA Labor for its 2016 commitment to reform, questioned the explanation for the delay.

 
Taryn Harvey says the government has had "ample" time to prepare draft changes to the law.(ABC News: Briana Shepherd)

"I think the government's had ample time to do the work of preparing that draft and preparing the service delivery issues that need to be nutted out," she said

Ms Harvey, who has worked closely with people in custody under the Act, said she had witnessed the terrible impact being held in custody without a release date had on people.

"We've seen cases where people have done everything that they've been asked to do and because there's no limit to the term, they lose any hope that their situation is going to change."

Call for equal rights for mentally impaired  

Ms Harvey said the proposed changes were about ensuring people with mental impairment had the same rights, and avenues to appeal, as those who did not.

"There really is no accountability or transparency around these decisions and that information is hidden from people," she said.

Susan and John said they had faced roadblocks at every attempt to advocate for their son, who had been in custody since 2017 after being deemed unfit to stand trial for a series of charges relating to an incident at the Graylands psychiatric hospital.

It was alleged Thomas threatened to kill a person, was in possession of cannabis and methamphetamine, along with accusations of criminal damage, stealing and burglary.

Close up of hand turning a white page.
John and Susan have countless papers that document their advocacy work for Thomas. (ABC Radio Perth: Alicia Bridges)

Susan and John have unsuccessfully fought to have Thomas sent to the Bennett Brook Disability Justice Centre — built in 2015 by the previous state government as an alternative to prison for people with mental disability.

The centre currently has 19 staff but only three of a possible 10 residents.

Thomas was once at the centre but was returned to jail after damaging property during an incident.

Thomas vulnerable in jail: psychiatrists

The Mentally Impaired Accused Review Board subsequently tried to send Thomas back to the centre, partly due to psychiatrists' concerns that he would be vulnerable in jail. 

Documents show one psychiatrist said his behaviour at the Bennett Brook centre may have been due to him being unmedicated, facing new restrictions at the centre and not having been able to settle in there.

Outside of timber building.
Recommendations to return Thomas to the Bennett Brook Disability Justice Centre were rejected.(Supplied: Disability Services Commission WA)

However, the recommendation was rejected by then minister for disability services Stephen Dawson.

John believes he has been in custody longer than he would have been if he was convicted of the alleged crimes.

"[Thomas] is not a paedophile, a rapist, a murderer, a child molester," John said.

Behind the walls of a high-security forensic hospital

This hospital is for those who have committed a serious crime, but were found to be too mentally ill to understand what they were doing.

A mural on a brick wall in an outdoor area, the shadows of bars above can be seen on the wall.

He said he hoped his son might soon be released under a community-based custody order. But that decision was still at the discretion of the attorney-general.

"This system is just awful. And this isn't just a voice for [Thomas], it is all the other poor buggers that are in there, you know, and they have no one.

"I suppose [this is] a stand … these people must be held accountable for what they do."

Susan said she understood her son was "difficult" and always had been, but his behaviour was linked to a permanent mental impairment that was no fault of his own.

"He's got complex needs," she said.

"Throughout all his life, nobody really wants him. He's just too hard. He's fallen through the cracks of the system and everybody just puts him in the too-hard basket.

"That's been his life."

Posted 17 May 202217 May 2022, updated 17 May 202217 May 2022
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A woman wearing a dark purple top poses for a photo in an outdoor setting

If you need someone to talk to, call:

 

TriumphOFTruthVol2

The Triumph of Truth

(Who Is Watching the Watchers?) published by

The Australian Weekend News Publishing Group

and

the INL News Publishing Group

BarristerDrJohnJamesHockleyBashingStephenCarewReidOutsideSupremeCourtOfWesternAustralia_1996

Barrister Dr. John James Hockley Bashing Stephen Carew-Reid Outside

the Supreme Court of Western Australia in 1996

Wikipedia exposed 2006By Alek Boyd
http://infodio.com/
http://infodio.com/content/wikipedia-exposed
To those who like me have been reporting the evolving crisis in Venezuela the newscame as no surprise: Wikipedia, the online encyclopedia that anyone can edit, is, to put it mildly, utterly unreliable. It didn't surprise us because we bear witness of how Hugo Chavez's and Venezuela's pages have been edited almost beyond recognition. In fact apologists of Hugo Chavez have expressed their pride on their 'editing work' in Wikipedia. Logically the only natural conclusion one could reach in light of it is that no Wikipedia entry can be trusted.

The revelation of the true identity of Essjay -aka Ryan Jordan- reinforces apprehensions towards the online encyclopedia. A 24 year old managed to con not only the Wikipedian community but also Jimmy Wales, Wikipedia's founder. The fact that Wales went as far as establishing a working relationship with Jordan without even bothering to undertake the perfectly normal credential-checking processes to be expected between an employer and its employees speaks volumes about Wales duty of care towards his pet project.

Wikipedia does not check the credentials of its editors, that much is known. However knowledge about its editing processes and criteria remains scant. A request to remove links to my site -vcrisis.com- from all Chavez related pages was introduced by another anonymous Wikipedian. Flanker, as his online name goes, argued that vcrisis.com was not a reliable sources of information with regards to Venezuela. But who is this Flanker character and what reasons prompted him to make such request? What I know is that he is an avowed apologist of Hugo Chavez and frequents comments sections of sites publishing commentary on Venezuela in order to advance the premise that Chavez's Venezuela is the closest approximation to paradise on earth. I also suspect that he is not even Venezuelan, neither is Sandy, that other Wikipedian involved in the issue. So how come people characterized by their superficiality of knowledge and partisanship about our issues get to decide what constitutes reliable information sources? Furthermore how come they are allowed to rewrite history without providing credible evidence to substantiate their claims?

Recently another Wikipedian (Maracucho) created a page about me that draw the ire of Chavez's fans and so they started editing it. When I noticed it I tried to delete the whole thing, knowing full well the infantile approach that Wikipedians have for facts. I could not, but was advised to take the issue with the Wikipedia Information team [This email address is being protected from spambots. You need JavaScript enabled to view it.] that granted my request to have my page deleted.

I guess the take away message is that orthodox encyclopedias, with responsible editing processes, will continue being the preferred choice of serious people.

www.wikipediaexposed.org

Who Is Looking at WikipediaExposed.org

http://www.wikipediaexposed.org/who-is-looking-at-wikipediaexposed.org.html

 

Comments

Without going into details it is a fact that  https://www.wikipedia.org completely removed an important Wikipedia page because there was pressure from powerful people and organisations  in the city which the Wikipedia page wrote about .... which talked about a series of books that were purchased by the state government reference library ...... that exposed endemic corruption in the legal, police, court, public trustee, political, business, media, finance circles of the capital city of this particular state. This led to the reasonable belief that professional journalists are paid on a full time basis by people and organisations to write Wikipedia articles in the way  powerful want such Wikipedia articles written ...... and to also monitor all Wikipedia articles that are written about the city and state they are asked to monitor ..... and if any such Wikipedia articles have not been written in the way these powerful people and organisations are happy with ... then to gather together a few senior Wikipedia editors that will agree to completely remove such non approved Wikipedia articles .... so that the history of the city and state is written about in the way these powerful people and organisations would like ....

https://catalogue.nla.gov.au/Record/1388995

The triumph of truth / by Stephen Carew-Reid

Bib ID 1388995
Format [Book] Book
Author
Carew-Reid, Stephen
Edition 2nd ed. 
Description Perth : The Weekend News, 1996 
v. <1> : ill., ports., facsims. ; 30 cm. 
Notes
Typescript (Photocopy)
Subjects Carew-Reid, Stephen.  |  Political corruption -- Western Australia.  |  Misconduct in office -- Western Australia.  |  Corporations -- Corrupt practices -- Western Australia.  |  Police corruption -- Western Australia.  |  Western Australia -- Moral conditions.  |  Australian
Also Titled
Triumph of truth : who's watching the watchers?
Triumph of the truth

https://catalogue.slwa.wa.gov.au/search/?searchtype=X&SORT=D&searcharg=triumph+of+truth&searchscope=2&submit.x=30&submit.y=16

The triumph of truth 
Carew-Reid, Stephen.
Perth, W. A. : The Weekend News, 1996-2004. 


LOCATION CALL NO STATUS NOTE MESSAGE
 3rd Floor Stack  Q 364.1323 CAR  Volume 1: Introductory Volume, 2nd edition    NOT FOR LOAN  
 2nd Floor Heritage Stack  Q 364.1323 CAR  Volume 1: Introductory Volume, 2nd edition    FOR USE IN STATE LIBRARY  REQUEST RETRIEVAL
 3rd Floor Stack  Q 364.1323 CAR  Volume Two 2nd ed.    NOT FOR LOAN
Author Carew-Reid, Stephen.
Title The triumph of truth / by Stephen Carew-Reid.
Published/Produced Perth, W. A. : The Weekend News, 1996-2004.



​https://catalogue.slwa.wa.gov.au/search~S2/?searchtype=X&searcharg=triumph+of+truth+by+stephen+carew+reid+&searchscope=2&sortdropdown=-&SORT=DZ&extended=0&SUBMIT=Search&searchlimits=&searchorigarg=Xtriumph+of+truth%26SORT%3DD

LOCATION CALL NO STATUS NOTE MESSAGE
 3rd Floor Stack  Q 364.1323 CAR Volume 1: Introductory Volume, 2nd edition    NOT FOR LOAN  
 2nd Floor Heritage Stack  Q 364.1323 CAR Volume 1: Introductory Volume, 2nd edition    FOR USE IN STATE LIBRARY  REQUEST RETRIEVAL
 3rd Floor Stack  Q 364.1323 CAR Volume Two 2nd ed.    NOT FOR LOAN  
 2nd Floor Heritage Stack  Q 364.1323 CAR Volume Two, Edition Two    FOR USE IN STATE LIBRARY  REQUEST RETRIEVAL
 3rd Floor Stack  Q 364.1323 CAR Volume Two, Edition Three (Part A)    NOT FOR LOAN  
 3rd Floor Stack  Q 364.1323 CAR Volume Two, Edition Three (Part B)    NOT FOR LOAN  
 3rd Floor Stack  Q 364.1323 CAR Volume Three    NOT FOR LOAN  
 3rd Floor Stack  Q 364.1323 CAR Volume Four, Part A, Second Edition    NOT FOR LOAN

Details

Call Number Q 364.1323 CAR
Cover title Triumph of truth : who's watching the watchers?
Description v. <1-4> : ill., ports., facsims. ; 30 cm.
Notes Typescript (Photocopy)
Volume 1: Introductory Volume, 2nd edition (1996) -- Volume Two 2nd ed./Edition Two (1999) -- Volume Two, Edition Three: Part A (1999) -- Volume Two, Edition Three: Part B (1999) -- Volume Three (2001) -- Volume Four: Part A, Second Edition (2004).
Other publishing history: Vol. One, Introductory Volume, First Edition published in 1996, Volume Two, Edition One published in 1998. Volume 4, First edition published in 2002, Volume 4, Edition Two (Parts A, B, C, D & E) published in 2004.
Subjects Carew-Reid, Stephen.
Political corruption -- Western Australia.
Misconduct in office -- Western Australia.
Corporations -- Corrupt practices -- Western Australia.
Police corruption -- Western Australia.
Western Australia -- Moral conditions.Type your paragraph here.

​ Jimmy Wales appearing as a member of the Wikimedia Foundation Board of Trustees at Wikimania 2007

Beijing, China   https://en.wikipedia.org/wiki/Beijing
Beijing (/ˌbeɪˈdʒɪŋ/ BAY-JING, nonstandard /ˌbeɪˈʒɪŋ/ BAY-ZHING;[10][11] Mandarin pronunciation: [pèi.tɕíŋ], alternatively romanized as Peking (/ˌpiːˈkɪŋ/ PEE-KING)[11], is the capital of the People's Republic of China, the world's third most populous city proper, and most populous capital city. The city, located in northern China, is governed as a municipality under the direct administration of central government with 16 urban, suburban, and rural districts.  Beijing Municipality is surrounded by Hebei Province with the exception of neighboring Tianjin Municipality to the southeast; together the three divisions form the Jingjinjimetropolitan region and the national capital region of China.

PRISM has been largely forgotten in the wake of more recent NSA/CIA scandals
PRISM has been largely forgotten in the wake of more recent NSA/CIA scandals, but at the time of its exposure, 
Facebook and Google were in the process of creating secure portals to allow the NSA to more easily access their data, 
and it’s absurd to think they halted that project because of a silly leak. The Snowden revelations managed to change 
precisely nothing about how Americans interact with the security state, except to erode the expectation of privacy we 
once had. A browser plugin, back doored to the NSA, tracking one’s un-American activities, is the setup for the worst 
kind of Minority-Report-esque pre-crime detention. And thanks to the same National Defense Authorization Act that 
allowed the Pentagon to turn its venerable propaganda apparatus on American citizens, the security state can detain us 
indefinitely without a warrant should the mood strike - even mow us down like dogs in our homes if it doesn’t like our
web history.
NewsGuard itself is supposedly staffed by “real journalists” as opposed to the algorithm that protects us from 
conspiracy theories on YouTube, and it has already been exposed as hopelessly corrupt. Those in the 
mainstream media who’ve heard of NewsGuard were perplexed by its rating of Fox News as “trustworthy,” 
believing a right-leaning network could not possibly rate the coveted green checkmark. All was made clear 
when Fox broadcast a puff piece hailing NewsGuard as the “killer app” that would save journalism - a clip 
NewsGuard immediately added to the list of "endorsements" on their website. You scratch my back, I’ll scratch yours.
This corruption became even clearer when NewsGuard was persuaded to change its “untrustworthy” rating 
of the Daily Mail, the British tabloid which was also the first mainstream news source to be declared untrustworthy 
by just a handful of editors on Wikipedia. The Mail, for all its flaws - and there are many - has more traffic than 
any other online news outlet (not counting aggregators like Drudge). When an anonymous Mail editor wrote a 
polite point by point refutation and sent it to NewsGuard, their rating was changed to green, ensuring the Mail 
would not publish a scathing attack on the noble censor - which could have smothered it in its cradle - while 
also making the plugin look eminently reasonable (see, they do change their ratings if they’re wrong!). 
Everybody wins! MintPress, of course, tried the same thing months ago, only to be ignored and vilified.
Breitbart, miffed after being slighted by the NewsGuard team despite their diligent cheer leading for every 
neocon regime-change operation, compiled a telling list of proven hoaxes the extension has approved. 
More than anything else, the list highlights the obvious perils of a blacklist - scare stories like the 
Washington Post’s infamous “Russia hacked Vermont utilities” are never properly retracted because they’re
designed to percolate in the reader’s subconscious so the next time they read about Russian malfeasance 
they’re more favorably inclined toward the idea. Facts are stupid things that merely get in the way of a good 
narrative. In the same way, a story published on Breitbart or RT - even if it came from ur-Reliable Source 
the Associated Press - gets the scarlet shield of shame through guilt by association. NewsGuard is laughably,
irredeemably flawed, and no intelligent person would ever download it.
 
Helen of desTroy live on INN World Report w/Tom Kiely - 2 Apr 2019
https://www.youtube.com/watch?v=Tiqg2ZCORyQ
https://www.youtube.com/watch?v=RUSA2mGJLRU
Helen of Destroy: Published on Apr 9, 2019
NATO was founded 70 years ago to "contain" communism as embodied in the Soviet Union. This means it has lived nearly 30 years past its expiration date. Without an enemy to keep it in check, NATO has metastasized in a way that would turn any cancerous tumor green with envy, growing with leaps and bounds even as its raison d'être faded into memory. It now contains more than twice as many countries as it did when formed, some of which abut Russia's borders, and seems to exist for the sole purpose of provoking Russia - and extorting tribute payments from its component countries, with a hint that something nasty could befall them should they fail to cough up 2% of GDP. Anyone who smirks at this suggestion need only research Operation Gladio - the real mission NATO covered for, which continues to this day. Any countries that got out of line - leaning a little too far to the left, say, or (in more recent years) calling out the war crimes of one particular non-NATO US ally - might suddenly find themselves victim of a terror attack (spoiler alert: there's no "might" here - it never fails). "That's a nice country you got dere - would be a shame if anything happened to it..." related: https://www.globalresearch.ca/us-its-... if you like this video, please SHARE it & SUBSCRIBE. YouTube is actively suppressing this channel - watch view counts go backwards before your very eyes - & if we leave it up to them no one will ever see this material. wouldn't want that on your conscience, would you?! at least share it to jab a pointy stick in the Polyphemus-eye of Google. because if they hate me enough to sit on my channel i'm clearly doing something right. also subscribe on bitchute for the inevitable day this channel is memory-holed: helenofdestroy. & for MOAR, MOAR, ALWAYS MOAR go to helenofdestroy.com
Category: People & Blogs

False Flag Weekly News 8 March 2019
https://www.youtube.com/watch?v=KUzCcMy3AnA
Helen of Destroy: Published on Mar 31, 2019
(this is a mirror of my first guest appearance on Kevin Barrett's False Flag Weekly News. NoLiesRadio lost its YouTube channel after telling too much truth, so the only place their videos are currently available is Vimeo, which no one uses. original description follows:) False Flag Weekly News is a weekly investigative news program that covers extremely controversial subjects. We want to remind our viewers that “Questioning” of Official Government or Mainstream Media Stories Is Not Hate Speech, nor is it Fake News, it is Free Speech that is protected by the 1st Amendment to the US Constitution. Supreme Court unanimously reaffirms: There is no ‘hate speech’ exception to the First Amendment washingtonpost.com/news/volokh-conspiracy/wp/2017/06/19/supreme-court-unanimously-reaffirms-there-is-no-hate-speech-exception-to-the-first-amendment/ The False Flag Weekly News anchored by Dr. Kevin Barrett and Prof. Tony Hall looks behind the headlines and main stream media stories to get at what’s really going on in the world. From violations of international law to initiating WWIII, you don’t want to miss what they and their guests have to say about the stories behind the stories. Today's Guest Host: Helen Buyniski Click here for today's news story links: noliesradio.org/archives/163051
Category: People & Blogs

The story behind Jar’Edo Wens, the longest-running hoax in Wikipedia history

Internet Culture
By Caitlin Dewey April 15, 2015

https://www.washingtonpost.com/news/the-intersect/wp/2015/04/15/the-great-wikipedia-hoax/?utm_term=.bea8861ce6c7

 

​​Jar’Edo Wens is an Australian aboriginal deity, the god of “physical might” and “earthly knowledge.” He’s been name-dropped in books. Carved into rocks.

And, as of March, conclusively debunked.


There is no such figure, it turns out, in aboriginal mythology; instead, Jar’Edo Wens was a blatant prank, a bald invention, dropped into Wikipedia nine years ago by some unknown and anonymous Australian. By the time editors found Jar’Edo Wens, he had leaked off Wikipedia and onto the wider Internet.

He had also broken every other Wikipedia hoaxing record. At nine years, nine months and three long days, Jar’Edo Wens is the longest-lived hoax found on the free encyclopedia yet. 

Ask any diehard Wikipedian about hoaxes, of course, and they’ll call them a natural byproduct of the Wikipedia project: Since the day the open-sourced encyclopedia opened for business in 2001, pranksters, vandals and other saboteurs have done their best to disrupt it.

[Beyonce fans wrecked Beck’s Wikipedia page after the Grammys]

But in the past year, Wikipedia hoaxes appear to have grown far more frequent — or at least far more visible. Editors have uncovered 33 major hoaxes since January, including several about fake bands and fake political parties. Of Wikipedia’s 16 most egregious hoaxes, 15 were discovered in the past six months. There’s no telling, of course, exactly how many hoaxes we simply haven’t yet dug up.

There’s a lot of nonsense on Wikipedia that gets papered over,” sums Gregory Kohs, a former editor and prominent Wikipedia critic. “Wikipedia is very good at catching obvious vandalism, like swearing and caps-lock. But non-obvious vandalism?” — not so much, he says.

To understand how misinformation spreads on Wikipedia, you must first understand how the site works. Anyone can edit Wikipedia, of course: More than 130,000 readers have done so in the past 30 days. But because wide-open editing is an obvious recipe for disaster, the site is undergirded by a vast volunteer bureaucracy. These editors and administrators aren’t paid, and they aren’t technically affiliated with Wikipedia or Wikimedia, the aloof nonprofit that oversees the site. But whether because they believe in Wikipedia’s mission or they like the power or they’re bored, they spend hours policing the site’s new changes, checking links and tweaking grammar and arguing on internal message boards.

Their success rate, by all accounts, is a pretty high one; in a recent interview with “60 Minutes,” Wikipedia co-founder Jimmy Wales boasted that he no longer saw vandalism as much of a problem. And yet, critics like Kohs and his colleagues at the Wikipedia watchdog Wikipediocracy maintain that there are untold errors that editors don’t even know about, let alone fix.

[Men’s rights activists: A feminist conspiracy is ruining Wikipedia]

On Monday night, Kohs wrapped up an experiment in which he inserted outlandish errors into 31 articles and tracked whether editors ever found them. After more than two months, half of his hoaxes still had not been found — and those included errors on high-profile pages, like “Mediterranean climate” and “inflammation.” (By his estimate, more than 100,000 people have now seen the claim that volcanic rock produced by the human body causes inflammation pain.)

And there are more unchecked hoaxes where those came from. Editors only recently caught a six-year-old article about the “Pax Romana,” an entirely fictitious Nazi program. Likewise “Elaine de Francias,” the invented illegitimate daughter of Henry II of France. And the obvious, eight-year-old hoax of “Don Meme,” a Mexican guru who materializes at parties and mentors hipster bands.

 

Googling “Don Meme” turns up this YouTube video. That cartoon indicates the poster is trolling. (YouTube)

 

Just this week, the librarian and writer Jessamyn West uncovered the origins of a long-running urban legend involving neckbeards, Louisa May Alcott and Henry Thoreau: The story was invented in a Wikipedia article eight years ago.

“I think this has proved, beyond a reasonable doubt, that it’s not fair to say Wikipedia is ‘self-correcting,’” Kohs said.

There is, surprisingly, not much data to conclusively confirm or deny this. While Wikipedia’s accuracy has been a favorite subject of study for Internet-minded academics, the usual methodology compares articles from an authoritative reference work with their Wikipedia equivalents. Since the Encyclopedia Britannica doesn’t have articles on Jar’Edo Wens or Don Meme or Elaine de Francias, most studies that have trumpeted Wikipedia’s accuracy haven’t accounted for intentional hoaxes.

According to Wikipedia’s own, self-admittedly spotty records, once a hoax crosses the one-year mark, it can be expected to survive for another three years.

Chasing Jar’Edo Wens

No one knows who started the Jar’Edo Wens hoax, but I have one (admittedly spotty) guess. On May 29, 2005, an anonymous editor created that page, and another page, from an Australian IP address. The editor never returned to Wikipedia, but a pseudonymous, Melbourne-based avant-garde writer did refer to the “god” on a message board in 2009. The editor’s pseudonym, like Jar’Edo Wens, was an odd amalgamation of a first and last name. The editor hasn’t posted on that alias since 2012, but my money’s on him all the same.

It’s easier to see the Wikipedians who came after: Wikipedia logs every change to every article page on a tab called “history,” just as it logs discussion of every article on the so-called “talk” page. Editors didn’t stop by Jar’Edo Wens’s page too frequently — it was, after all, pretty obscure — but someone did make a quick grammar fix in 2006, and someone flagged the page for lacking sources three years later.


A mask carving of “Jar’Edo Wens” by the French artist Noyo. ( DeviantArt /Creative Commons 3.0)

 

In November 2014, an anonymous user tagged the page as a possible hoax: “Not found in several [reliable sources] on Aboriginal religion,” the user noted. The page still wasn’t immediately taken down; it’s Wikipedia policy to debate articles, sometimes at great length, before deleting them.

“Lacked sources for almost a decade,” one editor argued.

“The letters D, J, O and S are not used in the Arrente [Aboriginal] language,” another said.

On March 3, prompted by a Wikipediocracy post that made fun of the long deletion process, veteran Wikipedia administrator Ira Matetsky deleted the “blatant and indisputable hoax,” calling it an “embarrassment.”

And yet Matetsky, like many of his fellow Wikipedians, counts the incident less as a loss than as a win. In the end, the system worked; the hoax was deleted. The growing number of hoaxes could suggest that Wikipedians are getting better at uncovering them.

“Wikipedia is uniquely vulnerable to deliberate mistakes,” Matetsky said. “But Wikipedia is also uniquely gifted at its ability to fix misinformation.”

Dozens of sophisticated, automated programs crawl the encyclopedia and delete vandalism, according to an evolving (and overwhelmingly accurate) algorithm. On top of those bots are the editors themselves, many of whom keep an eye on controversial articles or watch for suspicious additions to the “new page” feed.

Wikipedia’s “New Pages” feed, where editors can watch for hoaxes and vandals in real time. (Wikipedia)

As of this writing, there were 5,476 unreviewed pages in the English Wikipedia, the oldest of which had been around 111 days. I spotted a probable hoax — an unsourced article on an otherwise un-Googleable “new world religion” — within minutes of loading the page.

It’s not perfect, exactly. But Matetsky points out that newspapers and books and GPS systems also make minor errors every day.

“The question is not whether Wikipedia is more or less reliable than a day at the New York Public Library,” Matetsky said. “The question is whether Wikipedia is more or less reliable than whatever other results top Google search.”

When there are no other Google results, of course, it’s hard to call either way. Or worse: When the other results spring from a Wikipedia error, a phenomenon named “citogenesis” by the Web comic xkcd. For years, the Internet record has claimed that “chicken azid” is another term for the dish “chicken korma,” and that Amelia Bedelia was inspired by a Cameroonian maid.

Even Jar’Edo Wens managed the leap from Wikipedia fiction to something approaching reality: The fake god is name-checked in a book about atheism and the falseness of religion — which is pretty ironic, considering.

Wikipedia’s big problem

But even given the growing awareness of hoaxes, what’s a Wikipedian to do? There are 4.8 million pages on the site’s English version, but only 12,000 veteran editors. That works out to roughly 400 pages per volunteer — far more than at any other time in the site’s history.

“Wikipedia could acknowledge that by now it contains hundreds of thousands of articles on marginal topics that its volunteer system is simply unable to curate responsibly,” said Andreas Kolbe, another contributor to the watchdog site Wikipediocracy. Instead, he says, the Wikimedia Foundation has taken an alternate approach: Dismiss each hoax as a one-off deception, and “lament how terrible it is that someone abused their trust.”

Reformers, both within and outside the site, insist there are other ways. You hear frequent references to a feature called “pending changes,” which was promised by Wikimedia in 2010 and again in 2012. The feature would hold new edits in a queue until an experienced editor could review them. On German Wikipedia, where “pending changes” has long been the norm, that little speed bump seems to work quite well.

Wikipedians have proposed other reforms, too. The Wikimedia Foundation is funding research into more robust bots that could score the quality of site revisions and refer bad edits to volunteers for review. Another proposed bot would crawl the site and parse suspicious passages into questions, which editors could quickly research and either reject or approve.

[The bot that made Swedish Wikipedia the second largest in the world]

Still, none of this changes the numbers problem at the core of Wikipedia. The site’s editor base has atrophied since 2007, and today’s editors are largely young, white, Western men. It’s no coincidence that, in Kohs’s vandalism experiment, an error on an obscure New York canal was corrected, while lies about Ecuadorian customs, Indian legends and Japanese history were not. Likewise the Wiki-troll Jagged85, who meddled with articles about Islamic history for years; it was only when he messed with a video game page that he finally got kicked off.
“If the Jar’Edo Wens hoax had been about Greek or Roman or Norse mythology, it would’ve been found faster,” Matetsky admits. “If we had more indigenous Australian editors, it would’ve been picked up and fixed.”

And yet, there’s some suggestion that even that wouldn’t have helped, that even snazzy new initiatives and more moderators couldn’t save the Internet from itself. For years, a group of interested editors waged an organized campaign to improve articles about indigenous Australians, including a page on “Aboriginal deities” that listed Jar’Edo Wens.
They added a photo and changed the page title. They grouped the deities under regional headings. Gradually, the campaign broke up, all without anyone noticing the invented aboriginal spirit: god of earthly knowledge — and its inevitable limits.

Liked that? Try these:
Gamergate, Wikipedia and the limits of ‘human knowledge’
The science of Wikipedia controversy
The 15 worst Internet hoaxes of 2014​

Melbourne, Australia  https://en.wikipedia.org/wiki/Melbourne
Melbourne (/ˈmɛlbərn/  MEL-bərn) is the capital and most populous city of the Australian state of Victoria, and the second most populous city in Australia and Oceania.  Its name refers to an urban agglomeration of 9,992.5 km2 (3,858.1 sq mi),  comprising a metropolitan area with 31 municipalities, and is also the common name for its city centre. The city occupies much of the coastline of Port Phillip bay and spreads into the hinterlands towards the Dandenong and Macedon ranges, Mornington Peninsula and Yarra Valley. It has a population of approximately 5 million (19% of the population of Australia), and its inhabitants are referred to as "Melburnians".

Corruption in Wikiland? Paid PR scandal erupts at Wikipedia
https://www.cnet.com/news/corruption-in-wikiland-paid-pr-scandal-erupts-at-wikipedia/
A Wikipedia trustee and a Wikipedian In Residence have been editing the online encyclopedia on behalf of PR clients. Add the discovery of an SEO business run on the side, and this tempest is out of its teapot.
BY VIOLET BLUESEPTEMBER 18, 2012
Concerned Wikipedians raised the alarm Monday that two trusted men -- one a trustee of the Wikimedia Foundation UK, the other a respected Wikipedian In Residence -- are allegedly editing Wikipedia pages and facilitating front-page placement for their pay-for-play, publicity-seeking clients.

Jimmy Wales is not pleased.
It began this week when an interesting discussion started on the DYK ("Did You Know") discussion page.

Roger Bamkin, trustee of the Wikimedia Foundation UK, whose LinkedIn page describes him as a high-return-earning PR consultant, appeared to be using Wikipedia's main page "Did You Know" feature and the resources of Wikipedia's GLAM WikiProject (Galleries, Libraries, Archives and Museums) initiative to pimp his client's project.

Bamkin's current client is the country of Gibraltar.
In August, Gibraltar was featured as a Wikipedia DYK front page feature an astonishing seventeen times - that's an unusual frequency of every 2-3 days.
Other than the Olympics, it is the only repeated topic throughout the month.
The "Did You Know" section on Wikipedia's Main Page publicizes new or expanded articles - the publicity viewership on Wikipedia's front page is estimated in the hundreds of millions per month.

Wales: "wildly inappropriate"

When Wikipedia's founder was told about Bamkin's client in relation to Wikimedia UK, Jimmy Wales wrote:
It is wildly inappropriate for a board member of a chapter, or anyone else in an official role of any kind in a charity associated with Wikipedia, to take payment from customers in exchange for securing favorable placement on the front page of Wikipedia or anywhere else. - Jimbo Wales (talk) 00:54, 17 September 2012 (UTC)
At the same time Bamkin's consulting work as a representative of Wikimedia Foundation reared its ugly head, Wikipedia community members exposed the SEO-focused, PR-strategy Wikipedia page editing business run by respected GLAM editor Max Klein.
Both Klein and Bamkin are "Wikipedians In Residence," a role held by Wikipedia editors in high esteem who liaison with galleries, libraries, archives and museums to facilitate information between the organizations and Wikipedia community editors.
Wikipedians In Residence are not allowed to operate if there are conflicts of interest and are not allowed to edit the pages of the organization they liaison with.
Maximillion Klein runs a consulting business called "untrikiwiki" whose self-description explains:
A positive Wikipedia article is invaluable SEO: it's almost guaranteed to be a top three Google hit. Surprisingly this benefit of writing for Wikipedia is underutilized, but relates exactly the lack of true expertise in the field. ... WE HAVE THE EXPERTISE NEEDED to navigate the complex maze surrounding 'conflict of interest' editing on Wikipedia. With more than eight years of experience, over 10,000 edits, and countless community connections we offer holistic Wikipedia services.
When the concerned Wikipedia editors asked Jimmy Wales about untrikiwiki (in the thread about Roger Bamkin) Wales commented:
I was unaware of this case, and haven't had time to look into it. If what you say is accurate, then of course I'm extremely unhappy about it. It's disgusting.--Jimbo Wales (talk) 00:54, 17 September 2012
No specific Wikimedia UK policy on "paid editing"
At this time, there is no Wikimedia UK policy against "paid editing" for Wikipedia pages, though Jimmy Wales has said that paid editing is against Wikipedia values and policy.
However, there's no doubt that the lack of a clear policy casts a shadow over the public's perception of Wikipedia's ethical standing.
If PR editing from Wikipedia's representatives -- paid or not -- were to be openly tolerated, Wikipedia's reputation will most certainly be harmed in a way that is different from the harm done from vandalism or covert PR editing.
In the case of Roger Bamkin, a director of Wikimedia UK is advertising himself, as a Wikimedia UK director, for paid consultancy jobs, and directs and engages in editing on Wikipedia in the service of his personal client.

Roger Bamkin's Experience 
Consultant Victuallers Ltd May 2012 - Present (5 months) 

I've been involved with QRpedia and Monmouthpedia which have delivered > £2m paybeack on £50K investment.
Bamkin's formal Declaration of Interests for Wikimedia UK states there is no conflict of interest (COI) with his role, access to Wikipedia resources and contract with Gibraltar as there is no official relationship between Gibraltar and Wikimedia UK.
But to the outside eye this might appear as a financial conflict of interest among the people who are handling the money donated to support Wikipedia. Not to mention how unfair it is.
You may be wondering how the country of Gibraltar ended up in the middle of a Wikipedia PR editing scandal. To answer that question, we can visit Wikipedia.
Monmouthpedia is a Wikipedia project that links Wikipedia and the town of Monmouth in South Wales by the use of smartphone scannable QR codes.
As the story is told, the idea for Monmouthpedia came when Roger Bamkin and Steve Virgin (former Wikimedia UK board member, current PR consultant and Bamkin's business partner) gave a TEDx talk about their Wikipedia QR-code project QRpedia. From the audience, Wikipedia editor Steve Cummings (also Bamkin's business partner) suggested they "do a whole town."

Wales Online wrote:
He [Bamkin] picked Gibraltar, at the southern tip of Spain, as his next project after being flooded with invitations from places around the world hoping to be the second Wikipedia town.
Enter Gibraltarpedia. In a feature yesterday, BBC News explained Gibraltarpedia as the way in which Gibraltar is using QR codes and Wikipedia to target and attract tourists.
While not as straightforward as untrikiwiki's open offer to navigate tricky Wikipedia conflict of interest rules as a service for for paying clients, Gibraltarpedia may be a cool idea but it still comes off as little more than free advertising for tourism - setting up a walled garden of articles all with an eye to promoting tourism - and potential investment - in Gibraltar.
Seventeen features on Wikipedia's front page in one month is in equal measures strangely admirable, somewhat saddening and completely worrying.

From a 2009 statement by Jimmy Wales:
It is not ok with me that anyone ever set up a service selling their services as a Wikipedia editor, administrator, bureaucrat, etc. I will personally block any cases that I am shown. (...)
(...) Would we block a good editor if we found out after the fact is a very different question. We have traditions of forgiveness and working with people to improve their behavior and ours whenever we can - things are never so simple. Of course it is possible to imagine a situation where someone can and should be forgiven... because that's very common.
That's not the same as saying that it would ever be ok, as a matter of policy. Just imagine the disaster for our reputation.
I think many people would consider the idea of "Did You Know" - and Wikipedia's front page - being successfully used in a for-profit commercial venture by any entity to be harmful to Wikipedia, reputation or otherwise. 
But then again, Wikipedia and alleged conflicts of interest are not known to be handled with practicality - or clarity. Just ask Philip Roth.
Google Play: We've cracked down on bad apps: Google says it rejected at least 55 percent more app submissions in 2018.
The best meal kit delivery services: Are you an enthusiastic cook with not enough time? These services can help.

 

The Wikipedia Fund Raising went from around $2 million in 2007 to $82 million in 2016​

Where truth dies online…
http://wikipediawehaveaproblem.com/2014/05/where-truth-dies-online/

May 2, 2014 wwhp activism, online harassment, Wikipedia

Spiked online just published a broad review of the unaccountability issue on Wikipedia. Much of it is not new, but I was happy to see Wikipedia’s influence being understood as a method of manipulation for influencing public opinion, and if abused properly an essential tool in propaganda.
 By controlling Wikipedia they could set the media agenda, shape public opinion and even influence court proceedings in Italy where there has now been one trial and two appeals. Italian jurors are encouraged to read widely and do their own research – the polar opposite of the UK system – and this makes trials vulnerable to interference from outside the court. 

Wikipedia: Where truth goes to die.
Wikipedia: where truth dies online
Run by cliquish, censorious editors and open to pranks and vandalism, Wikipedia is worthless and damaging.

https://www.spiked-online.com/2014/04/29/wikipedia-where-truth-dies-online/#.U2PbEK1dWFd

NIGEL SCOTT
29th April 2014

A man knocks at your door. You answer and he tells you he is an encyclopaedia salesman.
‘I have the largest and most comprehensive encyclopaedia the world has ever seen’, he says.
‘Tell me about it!
Wikipedia is worthless and damaging.

NIGEL SCOTT
29th April 2014
TopicsSCIENCE & TECH

A man knocks at your door. You answer and he tells you he is an encyclopaedia salesman.
‘I have the largest and most comprehensive encyclopaedia the world has ever seen’, he says.
‘Tell me about it!’
‘It has more editors and more entries than any other encyclopaedia ever. Most of the contributors are anonymous and no entry is ever finished. It is constantly changing. Any entry may be different each time you go back to it. Celebrities and companies pay PR agencies to edit entries. Controversial topics are often the subject of edit wars that can go on for years and involve scores of editors. Pranksters and jokers may change entries and insert bogus facts. Whole entries about events that never happened may be created. Other entries will disappear without notice. Experts may be banned from editing subjects that they are leading authorities on, because they are cited as primary sources. University academics and teachers warn their students to exercise extreme caution when using it. Nothing in it can be relied on. You will never know whether anything you read in it is true or not. Are you interested?’

‘I’ll think about it’, you say, and close the door.

News that civil servants in Whitehall hacked the Wikipedia entry for the Hillsborough disaster and inserted gratuitous insults about the men and women who died in the worst football-ground disaster in British history was greeted with predictable anger last week. This anger was directed at the anonymous vandals who posted the edits, rather than the organisation and website that facilitated the defamation. But, it must be said, Wikipedia is not blameless in this. It allows misinformation to flourish and provides it with a cloak of respectability. It is under-resourced and is unable to police itself adequately.

Wikipedia was launched in January 2001 by Jimmy Wales and Larry Sanger but was predated by an earlier Wales/Sanger project, Nupedia, also a free online encyclopaedia, but one that was written and peer-reviewed by experts. In its three-year life, Nupedia only produced 25 articles, with a further 74 in progress when it was shut down. The lesson learned from the Nupedia experiment was that this protracted process with meagre output would never produce a comprehensive and up-to-date online encyclopaedia. The experts and peer reviews would have to go. Wikipedia would take over where Nupedia left off and would be a free for all for anyone and everyone who wanted to edit it. Quality would have to give way to quantity so a complicated system of checks and balances evolved, intended to ensure accuracy and accountability, though, despite the best intentions of its founders, this has never really been achieved.

Wikipedia has been a massive success but has always had immense flaws, the greatest one being that nothing it publishes can be trusted. This, you might think, is a pretty big flaw. There are over 21million editors with varying degrees of competence and honesty. Rogue editors abound and do not restrict themselves to supposedly controversial topics, as the recently discovered Hillsborough example demonstrates.

Attempts to tighten up procedures by introducing more arcane and complicated editing processes and rules have themselves been criticised. Kat Walsh, a chair of the Wikimedia foundation, said ‘It was easier when I joined in 2004… Everything was a little less complicated…. It’s harder and harder for new [Wikipedia editors] to adjust.’

Wikipedia itself helpfully publishes a page of notable hoaxes that have littered its past decade. In 2007, the Sun alleged that Labour MP Chuka Umunna edited his own page. Umunna denied this but conceded that one of his campaign team may have set up the page. In 2013, the London Evening Standard further alleged that an edit to Umunna’s Wikipedia page was made in 2008 on a computer located at the law firm where he worked. Once again, Umunna repeated that he ‘could not recall’ editing the page. Umunna is not the only politician who has been accused of organising his or her own page edits. It would be easier to find a politician who has not done so.

But politicians are easy targets. Organisations are no better. Last year Wiki-PR, a company that was set up specifically to offer page editing for commercial clients, was issued with a cease-and-desist letter by the Wikimedia Foundation. Wiki-PR employed 45 staff who edited pages using ‘sock puppet’ (fake) accounts and advertised its services online. Sock puppets are a big problem for Wikipedia because so many of its editors are anonymous. This makes it almost impossible to verify bona fide users. Wikipedia literally has no idea who many of its editors are.

Another embarrassment for Wikipedia was the recent revelation that a hoax page had survived for five years and had won several awards. The ‘Bicholim conflict’ entry was a detailed but fictitious account of a war in Indian Goa that never took place. It was rated as one of Wikipedia’s top pages and received a quality award that only one per cent of all Wikipedia articles achieve.

Wikipedia exposed: Bullying and harassment tactics of activist editors in a wiki war- a case study

https://www.sott.net/article/276298-Wikipedia-exposed-Bullying-and-harassment-tactics-of-activist-editors-in-a-wiki-war-a-case-study 

Rome Viharo
Wikipediawehaveaproblem.com
Sat, 21 Dec 2013 21:54 UTC 

 Introduction 

According to a tiny handful of Wikipedia editors and admins, I'm the engineer of a vast and co-ordinated global social media experiment for creating conflict. I'm a 'fringe' promoter, a conspiracy theorist, a charlatan for 'pseudoscience' and hold 'views' outside the mainstream. I'm also a well known internet troll with an anti-social personality disorder and am borderline autistic, a ringleader for countless sock puppets and in bed with PR agencies as well as just being plain old incompetent. According to them, as colorful as such a description it is, I'm just that sort of 'peculiar person'. This description of me was then used to get admins on Wikipedia to ban me indefinitely from the platform in addition to further off Wikipedia site harassment. 

I'm not that interesting of a person to get this much scrutiny. I am a casualty of a 'wiki' war. The article I was editing is not even something controversial, it was not an article about Israel/Palestine, Islam, Jesus or JFK conspiracy theories. I was simply editing a biography of a living person - a notable individual who has as many detractors as he does supporters. 

If this reads to you like another case of online harassment, it is. If you think that Wikipedia must have clear policies and guidelines against this sort of thing - they do. If you think admins should guard and protect against this from happening - they didn't. 

Please don't think however that I take this as a victim or just a disgruntled editor who lost his voice. I'm not. 

I'm a huge supporter of collective editing platforms and the usefulness of their utility and a developer of a collective editing platform myself. Harassment and bullying may be a disruptive annoyance on Facebook or discussion forums, but in an online collaborative environment its poisonous to consensus building. 

Since my own sanction in Oct of 2013, other editors who have joined the article have been threatened with similar treatment and banned. It's still happening, other admins are literally threatening recently banned editors that if they do not go quietly from Wikipedia, they may find similar 'media attention' as other problem editors, i.e. yours truly. 

Activist editors game Wikipedia, a case study 

This entire case study is a detailed summary with evidence provided in links which shows how Wikipedia's own guidelines, notice boards and committees are gamed by activist editors. It shows how personal attacks are leveraged by experienced editors and admins. It is suggested by this study that this may be a symptom of an increasingly shrinking and increasingly insular community who may be blind to its own toxicity to its core principle of neutrality. 

Other points of view on the issue 

This happens more than you think, as this recent discussion on Reddit reveals. Its turning away countless new editors and is responsible for more leaving. Sophisticated studies are showing that Wikipedia is in decline. 'Polluted' editor culture is often mentioned. 

In case you think I'm driven by my own bias in writing this, see how neutral editors with no opinions on the topic note the same. 

We simply can't have bullying influence articles on Wikipedia 

I write this account both for selfish and unselfish reasons. My selfish reasons are to clear my name online and the attack on my reputation that was waged on me from editing on Wikipedia. 

The unselfish reason is that this is simply 'wrong', both morally, ethically, and yes perhaps even legally. That Wikipedia is turning a blind eye to its own internal online harassment is troubling and I believe a genuine and reasonable concern. What happens when the largest repository of knowledge becomes run amok with bands of activist editors who have bullied their way to the top of the food chain? 

This case study shows this happening in one particular instance. It is the hope that seeing how this can happen in one instance may prevent it happening in another. I believe this study may be unique because the evidence shows where the flaws are in Wikipedia's own internal process. 

Admittedly, I may appear to bring a 'idealistic enthusiasm' to this project, but if I do I do so without apologies. 

As a big supporter of collective editing platforms, even a developer of one myself, I believe we must not allow online bullying and harassment to 'work' on any consensus building platform, much less the worlds largest website and repository of knowledge. 

Even Google and Apple assume the credibility of Wikipedia's meta data and distribute it directly to their users, regardless if its corrupted meta data gamed by agitated editors. 

So while my case study is about me - the problem on Wikipedia is not. And that is what my case study addresses. 

A Biography of a Living Person poses a unique problem 

This happened on a very well known and contentious article on Wikipedia about biologist Rupert Sheldrake and a 'bona fide' wiki war occurring there long before my arrival. This wiki war has captured the attention of the BBC, Forbes, The New Republic, The Huffington Post and a microsphere of bloggers, with mainstream skeptics like Jerry Coyne and Sheldrake supporters such as Deepak Chopra escalating the wiki war to the mainstream. 

I was surprised to find detractors of a notable living person controlling his biography on Wikipedia 

To me it did not seem appropriate that vocal detractors of a living biography would be allowed to control his Wikipedia article. It was as if members of the Tea Party would be allowed to control the biography of Barak Obama, or if the biography of George Bush was controlled by the editorial staff at the Huffington Post. Regardless of the ideologies or beliefs, that's clearly not an environment that would produce a neutral point of view nor is it in line with the principles of Wikipedia. 

I was just one of a handful of outside editors or bystanders that came in to help. Speaking for pretty much most of the other editors on the page, we just wanted the article to be more neutral. 

I took this challenge of getting the page towards a more keen neutrality pretty seriously too. I spent weeks doing research into Wikipedia guidelines and even hired an experienced Wikipedian as a consultant to make sure my participation was in tune with Wikipedia's rules. This is partially why this whole experience was so surreal to me. I made such an effort to operate with integrity to Wikipedia's principles. I was shocked to see all of these guidelines and rules as I understood them ignored and editors like myself who diligently tried to stick to them harassed and banned. 

Overview: Harassed in first three days of participating 

Within three days of my six week presence on Rupert Sheldrake's 'Talk' page, I was outed and harassed by a Wikipedia editor called Vzaak who immediately issued several warnings to me and then exposed personal information about me on the site. This is was only one of many forms of bullying, harassment, and personal attacks. 

I took Vzaak's behavior into dispute resolution on day four - causing Vzaak to pull back her attempts to harass me. 

Although Vzaak offered me an olive branch (a sign of resolution between editors) and agreed to stop harassing me with my personal information, she continued anyway after I accepted her peace offering. 

Continuing Sept 20th, Vzaak initiated a campaign of 'reputation destruction and disruption' against me through the talk pages of other editors throughout Wikipedia. This campaign was used to ban me indefinitely from Wikipedia and harm my identity off Wikipedia, which continues to this day. 

Overview: Hunted and hounded 

As evidence shows, Vzaak became the ring leader in a co-ordinated effort with other editors to harass and personally attack me further, continually spreading personal information about me and seeking to sanction me off of Wikipedia. 

Vzaak's campaign for reputation distortion became apparent to me when I presented my 'Request for a New Consensus' on the 'Talk' page in question on Oct 8th. 

Vzaak, IRWolfie, Louie Louie and Roxy the Dog plotted various ways to create a 'sanctionable' event against me, beginning first to sanction me for spreading 'conspiracy theories'. This backfired. A few days later they found found a third way to sanction me for 'sock puppetry', accusing me of operating more than one account on one Wikipedia article. 

One user I was accused of being even came back to Wikipedia to clear my name and his. And even though their tools used to verify such accusations determined it was technically unlikely we were the same person - he was sanctioned anywayby Mark Arsten and instigated by Vzaak because he showed up to defend me in the AE hearing as you see here. 

Overview: Five attempts to sanction me, one finally works 

Just as an admin was set to clear me of sock puppeting charges, and Vzaak tried to stop it - a second AE hearing on me started. This time the charge was 'trolling'. The evidence of me trolling was based on the personal information from eight years ago Vzaak continued to spread around. Not one admin noted that this was a personal attack, or cared. Any personal attack was good enough for them. No evidence of my behaviors in 'Talk' were ever substantiated, indeed my contributions were supported by an equal number of other editors who strongly opposed the banning. Not one admin respected anything they said. 

They then made a pillory, with admins and editors hailing my trollish ways, completely oblivious to the traumatizing experience they were delivering. This second hearing was an incredibly organized process that concluded in under 24 hours with less than half of the support of everyone commenting. 

Overview: Highly questionable sanction 

My banning was challenged by other editors quite powerfully, as found in this AE noticeboard here, other editor talk pages and admins pages involved. More recently, TheCapn instigated an Arbitration Request for a hearing on the issue. His requested was deflected to the lower appeal Arbitration Enforcement to handle the problem. 

Overview: Tumbleman ban sets off 'cultural' war momentarily 

After I was banned admins and editors jumped in and wrote on my talk page, calling me incompetent, autistic, a troll, an ego maniac, a conspiracy theorist, and a heap of other awkward and libelous associations. If the intention behind this 'mob mind' was not so abusive, the entire affair would be comical, as one editor commented it was like watching Monty Python's 'Blasphemy' sketch. 

Shortly thereafter a wiki war began to happen on my own talk page. Admins and activist editors began an argument with supportive editors, with the final attack being an article created about me on Rational Wiki. Craig Weiler blogged about 'The Trial of the Tumbleman' and somehow I unwittingly became involved in a cultural war between skeptic activists and supporters of Rupert Sheldrake's research. 

Ironically - the entire experience as the evidence will show was almost step for step with a 'humorous' essay on Wikipedia called 'How to Ban a POV you don't like'. Its meant to be written as a joke, but the irony is its exactly what happened. 

Don't take my word for it, please check the evidence 
Although my story is going to be covered with my own point of view, what protects you from my unavoidable bias is that Wikipedia records everything. Everything that happened is archived. I present evidence with each claim I make in each link provided. This article you're reading now is the wireframe for everything. Each link provides and overview of the context of what happened to links on Wikipedia that support it in evidence and the chapter for context. 
I believe we need to shine some light in these dark little crevices. I believe we need to give this a proper review. This is a factual case study of how harassment and bullying is used to control an article on the worlds most popular site. This is what it looks like. This is how it happens. This is how it will continue to happen. 
So hello world, come meet your guardians of knowledge. 

Wikipedia, we have a problem. 

http://wikipediawehaveaproblem.com/
Rome Viharo 

Jimmy Wales with his second wife, Christine Rohan

 

 Wikipedia Controversies
Since the launch of Wikipedia in January 2001, a number of controversies have occurred. Wikipedia's open nature, in which anyone can edit most articles, has led to various concerns, such as the quality of writing, the amount of vandalism, and the accuracy of information on the project.
The media have covered a number of controversial events and scandals related to Wikipedia and its parent organization, the Wikimedia Foundation (WMF). Common subjects of coverage include articles containing false information, public figures and corporations editing articles for which they have a serious conflict of interest, paid Wikipedia editing and hostile interactions between Wikipedia editors and public figures.
The Seigenthaler biography incident led to media criticism of the reliability of Wikipedia. This incident began in May 2005 with the anonymous posting of a hoax Wikipedia article with false, negative allegations about John Seigenthaler, a well-known American journalist.
In March 2007, Wikipedia was again the subject of media attention with the Essjay controversy, which involved a prominent English Wikipedia editor and administrator who claimed he was a "tenured professor of religion at a private university" with a "Ph.D. in theology and a degree in canon law" when in fact he was a 24-year-old who held no advanced degrees.
The 2012 scandals involving paid consultancy for the government of Gibraltar by Roger Bamkin, a Wikimedia UKboard member, and potential conflicts of interest have highlighted Wikipedia's vulnerabilities. The presence of inaccurate and false information, as well as the perceived hostile editing climate, have been linked to a decline in editor participation. Another controversy arose in 2013 after an investigation by Wikipedians found that the Wiki-PR company had edited Wikipedia for paying clients, using "an army" of sockpuppet accounts that purportedly included 45 Wikipedia editors and administrators.
 In 2015, the Orangemoody investigation showed that businesses and minor celebrities had been blackmailed over their Wikipedia articles by a coordinated group of fraudsters, again using hundreds of sockpuppets.
Controversies within and concerning Wikipedia and the WMF have been the subject of several scholarly papers This list is a collection of the more notable instances.

Wikipedia Exposed As Part Of Climategate Scandal

Saturday, 30th January 2010
https://www.ukcolumn.org/article/wikipedia-exposed-part-climategate-scandal  
Wikipedia, the notorious online encyclopedia, which features the likes of Chip Berlet among its "editors," has been caught in the center of the climategate swindle. According to a report by Lawrence Solomon published in the National Post of Canada, a Wikipedia editor and UK Green Party activist named William Connolley, doctored literally thousands of entries, to conceal the fact that, during the Medieval period, there was a global warming spell, following the Little Ice Age. The fact of this Medieval Warm Period exposes the lie about man-caused global warming, the chief argument for radical population reduction and deindustrialization.
Beginning in Feb. 2003, Connolley began rewriting or editing posted entries refuting the global warming lies. According to Solomon:
#All told, Connolley created or rewrote 5,428 unique Wikipedia articles. His control over Wikipedia was greater still, nowever, through the role he obtained at Wikipedia as a website administrator, which allowed him to act with virtual impunity. When Connolley didn't like the subject of a certain article, he removed it--more than 500 articles of various descriptions disappeared at his hand. When he disapproved of the arguments that others were making, he often had them barred--over 2,000 Wikipedia contributors who ran afoul of him found themselves blocked from making further contributions.
The Medieval Warm Period ran from 1000-1400 AD, and the warming resulted in a flourishing of agriculture, increased life expectancy and other benefits, according to the historical record cited by Solomon. Many of the email messages that surfaced from East Anglia University discussed the "problem" with the Medieval Warm Period, which "diluted the message" of the climate change fanatics. The IPCC report codified the banning of any mention of the Medieval Warm Period, by producing the so-called "hockey stick" graph, which blacked out the 400-year period of global warming, claiming a constant temperature for 1,000 years, leading into the industrial age when things heated up due to evil industrialization and other ills of modern society. According to Solomon's account, a rapid-reaction team was established to kill off all criticism of the global warming hoax, centered around a website called RealClimate.org. Connolley was one of the nine members of this group, and he used Wikipedia as a major base for their Big Lie campaign.
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Wikipedia exposed as junk science propaganda platform for Big Pharma

DAVID 8 August 2016


https://www.davidicke.com/article/381217/wikipedia-exposed-junk-science-propaganda-platform-big-pharma

According to Bolen Report, Wikipedia is not a website we should be trusting when it comes to unbiased, accurate information. Wikipedia is an example of "skeptic" leadership – with the "skeptics" actually being an organized hate group that claim to be the sole protectors of intellectual truth. 
"Skeptics" are in favor of vaccines, mammograms, pharmaceuticals and over-the-counter medication – and opponents of nutritional supplements, herbal medicine, massage therapy, energy medicine and homeopathy, as reported by Natural News.' 
Read more: Wikipedia exposed as junk science propaganda platform for Big Pharma

The Śarīra pagoda in Qixia Temple in Nanjing, China. It was built in ad 601 and rebuilt in the 10th century.

Canadian Sen. Mike Duffy (image via Wikimedia Commons)

Wikipediocracy
Because you can’t talk about Wikipedia flaws on Wikipedia

Why this Site?
http://wikipediocracy.com/2019/09/05/melania-trump-is-a-former-sex-worker-and-porn-star/

Our Mission:
We exist to shine the light of scrutiny into the dark crevices of Wikipedia and its related projects; to examine the corruption there, along with its structural flaws; and to inoculate the unsuspecting public against the torrent of misinformation, defamation, and general nonsense that issues forth from one of the world’s most frequently visited websites, the “encyclopedia that anyone can edit.”

How you can participate:
Visit the Wikipediocracy Forum, a candid exchange of views between Wikipedia editors, administrators, critics, proponents, and the general public.
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Wikidata: Melania Trump was a “former sex worker and porn star”
Guest post by Wikipedia editor Fram


Editor’s note: Fram submitted the essay below to Wikipediocracy on June 23rd, 2019, in lieu of a statement that had apparently been requested by one or more of our forum members regarding actions that had been recently taken against him by the Wikimedia Foundation. We declined to publish the essay immediately, however, since this might have been seen as our “officially” taking sides in the dispute. At this point, we don’t think that really matters anymore, so we’re publishing this updated version (modified by Midsize “Somey” Jake and one or two others who have chosen to remain nameless), which gives the durations of the “vandal-edit” examples cited in the original. Please note that at the time of the original submission, none of these vandal-edits had been fixed.

Melania Trump was a “former sex worker and porn star” — or at least that’s what people visiting Wikimedia Commons, Simple-English Wikipedia (aimed mostly at children), and Wikidata (the Wikipedia data repository) read for nine days after her Wikidata entry was vandalized on June 15th, 2019.

This is just one example of a problem that has faced Wikidata for years without ever being formally addressed: The almost-complete lack of vandal fighters on the site. Wikidata prides itself on the enormous number of items stored there (database dumps of all Wikipedia articles, bibliographic information on millions of scientific articles, and an unknown amount of random information of little or no value at all). Many edits are made there every day (though most of these are small, repetitive changes made by bots), and they are even accepted as an “authority source” by the Library of Congress and the like.

But the actual number of editors, people interested not in their own pet subject but in keeping Wikidata correct and vandalism-free, is very small. Since they are all volunteers, it’s perfectly understandable that they don’t want to spend their time on boring tasks. But at the same time, Wikidata administrators and the Wikimedia Foundation (WMF) want to use Wikidata as a central repository of data that is automatically shown on every language-version of Wikipedia.

One of the things they’ve done, largely without the Wikipedia community being aware of it, has been to show the description “tag” from Wikidata at the top of Wikipedia pages in mobile view. Wikipedia editors don’t see this description, nor are they able to change this description from Wikipedia. This has removed key editorial decision-making from Wikipedians, as well as vandalism control — even though this description is the first thing mobile viewers see for each article subject, and is also displayed in search engines and when hovering over links.

This issue was raised with the WMF in August 2016, but was largely shrugged off by WMF employees and apologists with responses such as “It seems… like a problem that doesn’t actually exist in practice.”

I then raised the issue at en.wiki in March 2017.

After a Request for Comment and much stalling from the WMF, they turned off this “feature” on en.wiki, though it was later revealed that they only did that for some cases, not all. The history of this whole sorry episode is documented, and efforts to get rid of these descriptions on en.wiki are still ongoing, more than two years later.

Apparently, no one at the WMF realized that if the English Wikipedia had these problems, then all other language versions would have them as well. And sure enough, it is painfully easy to find severe attacks on living people at Wikidata which remain in place for days or weeks because no regular vandalism checks are done there. These are then shown to people on Simple and Commons, but also on other non-English Wikimedia sites, including the French, German, and (especially) Spanish Wikipedias.

Mrs. Trump’s entry is one of the more egregious examples; she’s hardly an obscure topic, regardless of what you might think of her or her husband. But for nine days starting on June 15th, 2019, she was described as “First Lady of the United States, former Slovenian model, former sex worker and porn star” on Commons and the Simple-English Wikipedia.

Similar problems often occur with less-visible pages, but for the persons involved it can be just as hurtful (and in many cases also demonstrates another of the WMF’s gender-related problems).

Ana Villafañe was tagged as a “pornographic actress” for nine weeks, starting on June 8th. She isn’t a highly-notable person like Melania Trump (her en.wiki article only gets about 100 page views per day), but she still deserves some basic respect and protection from a site that claims to be an “authority control” for the world.

The same goes for Sara Ali Khan, labeled an “Indian pornographic actress” for four weeks starting on June 5th. She’s a fairly major (and non-pornographic) star in India; her article gets 6,000 page-views per day on en.wiki alone. The vandalism was hidden at en.wiki on June 11th, when an editor added a local short description, but it remained elsewhere.

Other examples:

· On June 11th, Mexican actor César Bono got a new name and was tagged as a porn actor for eight weeks

· Starting on June 6th, the Melbourne Cricket Ground, a large stadium in Australia, was described as a “gaydium” for three weeks

· Actress Emily Browning was renamed to “Camila Medina” on June 7th (at the top of the infobox to the right) for three weeks

· Nicolas del Caño’s English and Spanish labels were changed to a Spanish-vernacular insult (“Coño,” often used as a euphemism for “shit”); starting on June 8th, this lasted for six weeks

Popular Mexican actress Violeta Isfel was first labeled a pornographic actress on June 16th, and edit-warring over this continues to this day. The description was finally suppressed on en.wiki, but the WMF hasn’t taken the next logical step of doing the same for Wikipedias in other languages, failing badly in their job to protect living persons against such defamatory material. The description is still visible for every mobile reader of her page in Spanish (and note that mobile users now account for more than 50% of all readers).

A better-known example to most Wikipediocracy blog readers is Jason Momoa (star of Aquaman, “Khal Drogo” from Game of Thrones, and the husband of Lisa Bonet). His Spanish Wikipedia article gets more than 2000 page-views per day. In the first line of that article, Spanish mobile readers saw him described as an “actor, escritor, productor, director, modelo , homosexualizador de hombres.” I’m not fluent in Spanish, but I don’t think “homosexualizador de hombres” is something one would expect to see at the top of an encyclopedia article, even if it’s meant to be more flattering than insulting. This change was made on the 10th of June and lasted for five weeks, so apparently it simply wasn’t spotted by any regular vandal-fighters who may have happened by.

In the Portuguese language, Brazilian actors Tony Ramos and Antonio Calloni were both tagged on June 14th as porn actors for two weeks. (The latter was referred to as a “Russian porn actor and sunscreen,” according to Google Translate.)

Teala Dunn is a young actress with 3.6 million subscribers to her Youtube channel who has never appeared in an adult film, but not according to her Spanish Wikidata tags. There, she was tagged in December of 2017 as a “porn actress,” and that lasted for 18 months.

Max Berliner, an Argentine actor, was tagged in August of 2017 as a “porn actor” in English. Guess what — he still is, as of today (Sept. 6th).

Lastly, did you know that in the Mapuche language (spoken in Chile and Argentina), Billy Ray Cyrus has been described by Wikidata as a “chaman, actris porno y cantante de regaeton post modernista” since at least 2015?

Such vandalism happens every day, and to be fair, some of it is fixed reasonably quickly. For example, on June 23rd, right-wing French politician Marine Le Pen stopped existing completely on Wikidata, where you instead had to look for “Booba,” but only for about one full day. Meanwhile, Borussia Dortmund soccer player Leroy Sané became “dudu Sané,” but only for about two days. So we know it’s at least possible for the situation to improve.

The English Wikipedia and the Wikimedia Foundation were seriously embarrassed by the Seigenthaler incident in 2005. This (among other factors) led to the creation of the Biographies of Living Persons (BLP) policy, and improved vandalism control — much of it through the use of highly efficient anti-vandalism bots. For high profile pages like Melania Trump’s, such vandalism normally remains there for a few minutes at most.

But while the English Wikipedia has taken its lessons to heart, the same cannot be said for the Wikimedia Foundation, which has left a known vulnerability in place for more than two years on a site notorious for its lack of vandal fighting — thereby exposing readers of numerous WMF sites to the results of these egregious attacks.

 

Wikipedia is asking for donations again—here’s how much cash it already has in the bank
https://www.businessinsider.com/wikipedia-donations-profit-money-chart-2016-11?r=US&IR=T 
Businessinsider.com- Jeff Dunn - Nov. 28, 2016

Head over to Wikipedia on Monday and you'll see a familiar sight: a big, bold banner asking US users to donate some cash. Once again, it's the time of year where the Wikimedia Foundation — the nonprofit behind the free, openly editable online encyclopedia — asks its millions of readers to lend a few bucks in an effort to help keep the site free of ads.
If this chart from Statista is any indication, those requests are working. In the past fiscal year, Wikimedia received more than $80 million in donations and other contributions. That's a far cry from the roughly $2 million the organization received in 2007.
So if Wikipedia is a nonprofit, and it doesn't pay its writers, and it's already bagged a ton of cash, why does it keep asking for more?
Well, for one, hosting a site as massive as Wikipedia costs money. Note the red bars — as the site gets bigger, that cost only goes up. Second: reserves. Building up a big emergency stash isn't terribly uncommon in the nonprofit world; the idea is to keep some spare cash handy in case things tank down the road.​

Wikipedia and Jimmy Donal "Jimbo" Wales
Wikipedia began with its launch on 15 January 2001, two days after the domain was registered ..... free content. Nupedia was founded by Jimmy Wales, with Larry Sanger as editor-in-chief, and funded by the web-advertising company Bomis.
Jimmy Donal "Jimbo" Wales (born August 7, 1966) is an American Internet entrepreneur, best known as the co-founder of the online non-profit encyclopedia Wikipedia and the for-profit web hosting company Wikia. .... The intent behind Nupedia was to have expert-written entries on a variety of topics, and to sell advertising .
​Jimmy Wales

 https://en.wikipedia.org/wiki/Jimmy_Wales

Dunbar, East Lothian, Scotland.    
Dunbar is a town on the North Sea coast in East Lothian in the south-east of Scotland, approximately 30 miles east of Edinburgh and 30 miles from the English border north of Berwick-upon-Tweed. Dunbar is a former royal burgh, and gave its name to an ecclesiastical and civil parish.Wikipedia

The Dark Side of Wikipedia BY FULL MEASURE STAFF
 SUNDAY, AUGUST 21ST 2016
http://fullmeasure.news/news/cover-story/the-dark-side-of-wikipedia  

Right now, this very second, people are busily editing away on the website Wikipedia, at a rate of more than ten edits per second.

 

There are over five million articles written in English on Wikipedia, with a thousand being added every day.

But there's a dark side to Wikipedia you probably don't know about. The promise of accurate, neutral articles and privacy for contributors is often just a mirage, according to two insiders. They say they've been left battle-scarred after troubling personal encounters with the world's most popular encyclopedia.

Wikipedia, is billed as "the encyclopedia anyone can edit." But for many, it's the opposite.

Greg Kohs is among the blocked. Banned, he says, for challenging Wikipedia policies.

Kohs: Just in the past four hours, 500 IP addresses and users have been blocked from editing Wikipedia.


In 2012, Kohs helped start an opposing website called, "Wikipediocracy," to expose what he calls Wikipedia's "misinformation, defamation and general nonsense."

Sharyl: So Wikipedia does censor users?

Kohs: Absolutely. In a given day, Wikipedia administrators typically are blocking about 1,000 different IP addresses.

Sharyl: 1,000 a day?

Kohs: 1,000 a day. Yes.

When Kohs ran afoul of Wikipedia, he was drawn into an unseen cyberworld. One where he says volunteer editors dole out punishment and retaliation, privacy is violated and special interests control information.

Sharyl: Most people don't know what?

Kohs: Wikipedia is often edited by people who have an agenda.

To understand how it helps to start with the Wikipedia most know and love.

Co-founded in 2001 by Jimmy Wales and Larry Sanger, Wikipedia boasts 37 million-plus articles in 291 languages.

Research experts, like Mary Frances Forcier, count on Wikipedia.

Forcier: I think it's user-friendly. I think it's easy to use. It has a very appealing visual interface, and I do think that having the sources at the bottom of the page is really important.

Wikipedia's promise to volunteer editors: anonymity and privacy. Its promise to readers: unbiased articles.

But there were conflicts in this encycutopia from the start. Co-founder Sanger quickly broke away. He later told a reporter, "People that I would say are trolls sort of took over. The inmates started running the asylum."

Kohs says Wikipedia's "inmates" include some volunteer editors with an ax to grind or serious conflicts of interest.

Kohs: Sometimes editors will have very aggressive attitudes about what they want to appear in a Wikipedia article.

Sharyl: They can stop opposing opinions?

Kohs: Exactly, exactly.

Sharyl: Even opposing facts?

Kohs: Often times, yes.

When volunteer editors disagree, and they often do, it leads to "edit wars" fought out on Wikipedia's "talk" and "discussion" pages.

Kohs: There's drama on Wikipedia just about every day. You just need to know where to go and look for it.

Edit wars fill thousands of pages deep inside Wikipedia with dialogue that ranges from civil to childish and hostile, like this argument that Kohs read us.

Kohs (reading from Wikipedia): He has violated NPA, which means no personal attacks by telling someone they are 'inferior' and to 'accept their station in life.' He wrote, 'I refuse to be blocked. I am not blocked. You can pretend that you block me all you like, but someone who is right can never be blocked. It is impossible.'

In Wikipedia's world, the ruling authorities are the hundreds of volunteer editors who've reached the most powerful editing status. They're called "administrators," known only by their pseudonyms or user names. They always win the edit wars.

Sharyl: The more edits you make, the longer you've been making them, the more power you're going to have?

Kohs: Yes.

But what happens when powerful editors improperly control content?

Kohs: You'll have different people with a particular scientific point of view and they'll edit and modify Wikipedia so that its articles kind of reflect that point of view.

Wikipedia has given names to bad behavior: malicious editing is "vandalism" and editing for personal or financial gain is paid or "covert editing." Wikipedia discourages both, but they happen all the time.

Two trusted Wikipedia officials were exposed running businesses that covertly edited Wikipedia for PR clients.

Interests for Sony, the CIA, the Vatican, Barack Obama and John McCain all reportedly have been caught secretly editing their own Wikipedia pages to their advantage.

And anonymous Wikipedia editors maintain a stranglehold on selected topics. Kohs demonstrates with the case of Morgellons. The Mayo Clinic calls it "an unexplained skin disorder characterized by sores." But the Wikipedia page dismisses Morgellons as a "delusional belief."

Kohs: So I'm just going to make a little comment here.

Let's see what happens when Kohs adds a research footnote that differs with that narrative.

Kohs: They can just go to this link and you get the abstract of the study right there.

In less than an hour, Kohs' edit disappears.

Kohs: I see that our edit to Morgellons was reverted after about 38 minutes or so.

It was reverted by an administrator who is anonymous, but for his username. If you know where to look, it's possible to see the many Wikipedia topics the same editor worked hard to control.
Kohs: It seems to me that this is someone who is either involved with the medical profession or the pharmaceutical profession. They probably have an agenda to discredit or to suppress alternative medicines, things of that nature.
One study found mistakes in nine out of ten Wikipedia medical entries.
Millions of dollars can depend on how an idea or product is portrayed within the computer pages.
That may be why Wikipedia editors reportedly linked to the pharmaceutical company, AstraZeneca, got caught posting negative material on competitors' pages and adding promotional material to their own.

Kohs sees himself as an equalizer. His business helps clients, including supposed victims of unfair edits, navigate Wikipedia's unbridled landscape. Wikipedia banned him for violating the policy against paid editing and when Kohs criticized the policy and continued under a borrowed account, Wikipedia editors targeted him.
They went to great lengths to track him, using inside information and computer addresses. They researched where Kohs grew up, and traced his movements all the way to Orlando, Florida, where he was making edits while on vacation.

Sharyl: Wikipedia editors that you didn't know at the time were tracking your movements, speculating that you went home for Thanksgiving?

Kohs: That's absolutely correct.
He only discovered that he was being tracked because somebody leaked internal Wikipedia discussions about him.

Kohs: And then somebody chimed in, 'looks like someone went home for Thanksgiving to visit mom and dad,' so you think you're editing with some degree of privacy, but if they want to they can really start to investigate.
Wales has publicly feuded with Kohs over the paid editing policy but declined our interview requests. Wikimedia Foundation, the nonprofit that runs Wikipedia, and the Wikipedia editors we asked also offered no comment for this report.

Another paid editor, Mike Wood, says his confrontation with Wikipedia was life-changing. Like Kohs, Wood publicly criticized Wikipedia's policies on editing for pay, which he did while on breaks as a casino inspector, until one day when his boss called him in for a meeting.
Wood: He says, 'We received an email and a phone call from the Wikimedia Foundation, telling us that you are using our servers to edit Wikipedia.' He said, 'Wikipedia,' meaning the Wikimedia Foundation, 'put a hard block on our servers, so now no one is allowed to access Wikipedia from our job site.'


That was enough to get Wood fired.

Wood: It was a huge violation of privacy. They put so much pressure on my employer by blocking access to Wikipedia, by telling them what was going on, just the embarrassment, the potential embarrassment alone of what the Wikimedia Foundation pressured my employer with was enough for the employer to terminate me.

Despite the controversies, Wikipedia has many devoted followers.
Mary Frances Forcier is with the Loudoun County Public Library in Virginia. She says Wikipedia is a valuable research tool when used properly.

Forcier: It's accessible. It's in language everyone understands, and it does provide you the kind of source information that can lead you to scholarly works, encyclopedias, reference works and primary sources that can really help you out.

But the next time you visit the world's most popular encyclopedia, you may want to consider some advice you won't find within its pages.

Kohs: When you read Wikipedia, you have to be aware that the people who are writing it, who don't identify themselves, who don't necessarily have any credentials to be writing in the subject matter that they've chosen to write in, are very often pushing an agenda.

Wood: There is no privacy. If they want to know who you are, where you are editing from, they have that, and they can check it and they will. Do not step in front of the train, because they will run you over.


Kohs and Wood still edit Wikipedia for paid clients. And here's an inside tip: on any Wikipedia page, if you want to see what an editor has removed, you can click the tab that says, "view history" and see for yourself. Sometimes, the most interesting material is what's been deleted by those who are guarding the page. Wikimedia has said it makes an effort to prevent biased articles and, when a page is disputed, sometimes editors flag it with a warning notice.


 

Above
Where Popular Apps Are Under Assault
Number of Countries where the following apps are restricted/users were arrested in 2016

Wikipedia's Jimmy Wales
'It’s completely insane and it needs to be fixed.' Photograph: Suki Dhanda for the Observer

by Juliette Garside @JulietteGarside  Sat 2 Aug 2014 20.06

https://www.theguardian.com/technology/2014/aug/02/wikipedia-page-google-link-hidden-right-to-be-forgotten

Google is set to restrict search terms to a link to a Wikipedia article, in the first request under Europe's controversial new "right to be forgotten" legislation to affect the 110m-page encyclopaedia.
The identity of the individual requesting a change to Google's search results has not been disclosed and may never be known, but it is understood the request will be put into effect within days. Google and other search engines can only remove the link – as with other "right to be forgotten" requests, the web page itself will remain on Wikipedia.
In May, the European Court of Justice ruled that citizens could ask search engines to remove particular links from results for a search made under their name, if the material was deemed to be out of date, no longer relevant or excessive.
 Google has already begun to implement the ruling, with tens of thousands of links removed from its European search results to sites ranging from the BBC to the Daily Express. Among the data now "hidden" from Google is an article about the 2009 Muslim conversion of Adam Osborne, brother of the chancellor, George Osborne.

Jimmy Wales, who co-founded Wikipedia in 2001 and has overseen its transformation into the sixth most visited site on the internet, told the Observer: "It's completely insane and it needs to be fixed."
Wales is one of 10 members of an advisory council formed by Google to decide how to handle takedown requests. The council will travel Europe, with a first hearing scheduled in Madrid on 9 September, before writing guidance for Google and other search engines, such as Microsoft's Bing, on implementing the new law.
It was a test case brought by a Spaniard called Mario Costeja González, who wanted a 1998 article about his home being repossessed removed from search results, that triggered the change in legislation.

"In the case of truthful, non-defamatory information obtained legally, I think there is no possibility of any defensible 'right' to censor what other people are saying," Wales has said. "You do not have a right to use the law to prevent Wikipedia editors from writing truthful information, nor do you have a right to use the law to prevent Google from publishing truthful information. Wikipedia can and should work hard to do a good job, just as Google can and should work hard to do a good job."

On Thursday, Google revealed that France, with 17,500 requests, had made more demands for changes to search results than any other European nation. Germany had made 16,500 requests, and 12,000 requests originated in the UK. Some 8,000 requests came from Spain, 7,500 from Italy, and 5,500 from the Netherlands.
By 18 July, Google had received 91,000 takedown requests in total, relating to 300,000 pages. Its privacy counsel, Peter Fleischer, revealed it had refused around 32% of them, asked for more information on 15%, and removed 53%.

The European ruling is not intended to tackle incorrect information, with many of the links removed so far being to news articles whose accuracy has not been challenged. Wikipedia's open editing system means any member of the public can request a change to articles, so long as any new claims are underpinned by independent sources.

Las Vegas, USA
https://en.wikipedia.org/wiki/Las_Vegas  
Las Vegas (/lɑːs ˈveɪɡəs/,  Spanish for "The Meadows"; Spanish: [laz ˈβeɣas]), officially the City of Las Vegas and often known simply as Vegas, is the 28th-most populated city in the United States, the most populated city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas Valley metropolitan area and is the largest city within the greater Mojave Desert.  Las Vegas is an internationally renowned major resort city, known primarily for its gambling, shopping, fine dining, entertainment, and nightlife. The Las Vegas Valley as a whole serves as the leading financial, commercial, and cultural center for Nevada.

 US Senate candidate Deedra Abboud announced her candidacy in April 10 2017- Photograph: Matt York/AP

​​Jimmy Wales at the tenth anniversary celebration of the Bengali Wikipedia

Boise, Idaho. USA https://en.wikipedia.org/wiki/Boise,_Idaho 
Boise (/ˈbɔɪsi/) is the capital and most populous city of the U.S. state of Idaho, and is the county seat of Ada County. Located on the Boise River in southwestern Idaho, the population of Boise at the 2010 Census was 205,671, the 99th largest in the United States. Its estimated population in 2018 was 228,790

Wikipedia exposed
 By Alek Boyd  First Published in 2007
http://infodio.com/content/wikipedia-exposed  


Lloyd Carew-Reid speaking out at a Public Justice and Truth rally has in the past been asked to campaign
to be the Lord Mayor of News York because he is interested in the rights of the ordinary American Citizen
is now being requested by his million of twitter followers from around the world to put himself up for to be the next American President
..Lloyd Carew-Reid's answer is..".. I am just a little guy you campaigning for truth and justice in my local area and I will leave the running America to Mr Wijat  and  His WIJAT Team..."

Lloyd Carew-Reid speaking out at a Public Justice and Truth rally has in the past been asked to campaign
to be the Lord Mayor of News York because he is interested in the rights of the ordinary American Citizen
is now being requested by his million of twitter followers from around the world to put himself up for to be the next American President
..Lloyd Carew-Reid's answer is..".. I am just a little guy you campaigning for truth and justice in my local area and I will leave the running America to Mr Wijat  and  His WIJAT Team..."

                                                              "Lloyd Carew-Reid (@lloydcr_NY) / Twitter" https://mobile.twitter.com/lloydcr_ny

Lloyd Carew-Reid @lloydcr_NY
Legal Tech Solutions Architect & Educator
New York, NYlinkedin.com/in/lloydcarewr…Joined May 2009
The Kyiv Independent
 
@KyivIndependent
 
⚡️Hacking group Anonymous interrupts Russian state TV programs with footage of Russia's full-scale invasion of Ukraine and an anti-war message. It claims to have accessed TV channels “Russia 24”, “Channel 1”, “Moscow 24”, & streaming services Wink and Ivi.
 
 
Lloyd Carew-Reid @lloydcr_NY Mar 23, 2021
 
Even as a non-lawyer it’s hard not to be inspired by Richard Susskind. Indeed, having spent almost two decades researching, devising, deploying and teaching technology solutions to law students, professors, firm partners and judges…https://lnkd.in/d2Y_DXZ
Jonathan Askin @jaskin Apr 14, 2018
Brooklyn Law School hosts fifth annual CUBE Innovators Competition | Brooklyn Daily Eagle
 

 

Mr Wijat and His WIJAT Team

ERF The Worm

 

Al Wijat  

 

Marvin The Marvelous

  

Majic Rabbit

 

 


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then just sit back and relax while the cash roll in ....


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I have given up my day job helping a friend run his internet shop ,

and now have more time to do what I love best..

investigate and expose corruption, immoral, unjust and illegal behavior of thise in power... and authority, such as

polllies, judges, magistrates, police, prosecutors, attorneys, lawyers, barristers, public trustees, prison officers, presidents, prime ministers and

anyone else in public office that is meant to be there serving the people not serving themselves and their mates...

some call me The Equalizer..

I am just there to help the little guy who is being unjustly and unfairly pushed around by those in authority or with money and power

that are not doing the right thing...don't get me wrong, I get on with most of this in authority,

it is just the ones that want to use their authority in an unjust, immoral and wrongful way that I have a problem with.. they have to just remember...

You can dance with a Wijat,

play with a Wijat..

but do not stand on a Wijat's toes....

 

Mr Wijat and His WIJAT Team

ERF The Worm

 

Al Wijat  

 

Marvin The Marvelous

  

Majic Rabbit

 

"Provocative, frightening, informative, humorous- Your view and knowledge of the way the legal, police, political, public trustee business circles operate in Western Australia will never be the same.. after reading these volumes...A must real for present and budding legal eagles, police, politicians, litigants in person, anyone interested in and/or studying the law or the legal system, high school students, also anyone wanting to search for the truth and/or just interested in a book that is about a unique situation where one takes on City Hall which has unlimited resources and gives them a run for it's money - with little and very little resources to fight City Hall with. It has been described as a real David V Goliath affair, and also described by Ian Wilson, Western Australian solicitor, as one of the greatest legal debacles he has ever seen in his legal practice. Ian Wilson tried to negotiate an amicable settlement many years ago without success. The Public Trustee and the Western Australian Government felt there were simply too powerful and untouchable to bother with negotiating in a reasonable manner. Now they are among 69 respondents, including judges, magistrate, senior police, senior prosecutors, senior politicians, well known lawyers and barristers, public trustee accountants and managers, court officers etc., being sued in The Australian Federal Court for conspiracy to defraud the Carew-Reid Family, who are asking $100 million in damages.. Volume 2-Edition 3 is about 1,100 pages plus photos........"

Australian Weekend News publishers of The Triumph of Truth (Who's Watching the Watchers?)

TriumphOFTruthVol2

The Triumph of Truth

(Who Is Watching the Watchers?) published by

The Australian Weekend News Publishing Group

and

the INL News Publishing Group


The Triumph of Truth (Who Is Watching the Watchers?) by Stephen Carew-Reid volumes one to nine, original manuscripts of the first 8 volumes stolen by Queensland Police in Australia to try and cover up the information in these volumes
and originally illegally removed from the Western Australian Batye Resource Library without any court order from pressure from State Government Law Office..

Now the first four volumes of The Triumph of Truth (Who Is Watching the Watchers?) by Stephen Carew-Reid are back in the Western Australian State Heritage Reference for everyone one to read. No one mentioned in a negative light in the series of books The Triumph of Truth (Who Is Watching the Watchers?) by Stephen Carew-Reid volumes one to nine, have ever threatened to sue or attempted to sue Australian Weekend News the publishers of The Triumph of Truth (Who's Watching the Watchers?) or the author Stephen Carew-Reid over anything said about them in these series of books ...  over the last 20 plus years since they were first published. Thus, it has be legally accepted everything in these series of books The Triumph of Truth (Who Is Watching the Watchers?) by Stephen Carew-Reid is the truth.

 

I must have upset some in powerful places when I help investigation corruption in the Australian Political, Freemason, Legal, Court, Prosecution, Police, Prison, Public Trustee, media and business world when I helped Stephen Carew-Reid with his nine volumes of The Triumph of Truth (Who's Watching The Watchers?) when the first eight volumes were illegally and wrongly removed destroyed from the Western Australian Batte Library after being purchased with public money, without any court action or court order and also the original manuscripts were stolen by Queensland Detectives Gregrory Stormont and Barry Zerner on behalf of the the powerful people in the Australian Political, Freemason, Legal, Court, Prosecution, Police, Prison, Public Trustee, media and business world and Queensland Government ..at the same tried to lock up the author Stephen Carew-Reid in a mental institution to stop him speaking out and destroy the credibility of what was written in his books ... then after I sent it my investigation reports to the Queensland Government..25 police were sacked which I thought was a great idea as this will save the Queensland Government $1 million a year in paying salaries to corrupt police that are committing more crimes than they are solving... and now the Queensland Government faces a $100 million writ for damages ... unless they take the opportunity settle out of court with a reasonable offer before the court action commences.

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MARIE COCCO
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JOE CONASON
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DE BORCHGRAVE
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AL KAMEN

 

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ANN COULTER
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LARRY ELDER 
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MAGGIE GALLAGHER
BILL GERTZ
JONAH GOLDBERG 
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HUGH HEWITT  
LARRY KUDLOW
DAVID LIMBAUGH 
RUSH LIMBAUGH 
HAL LINDSEY
RICH LOWRY
MICHELLE MALKIN
JOHN McCASLIN
CHARLES KRAUTHAMMER

BOB NOVAK
MARVIN OLASKY
GREG PIERCE
JIM PINDERTON 
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ROBERTS/ARGETSINGER
DICK MORRIS
MICHAEL SNEED 
JOE SOBRAN 
THOMAS SOWELL
MARK STEYN 
CAL THOMAS 
GEORGE WILL
WALTER WILLIAMS
PHYLLIS SCHLAFLY
  
John Lennon Give Peace A Chance

 
Yoko Ono - on the Jonathan Ross Show
 
 
 

NAUGHTY KNIGHT

Filed: December 10, 2007
dried meat; meat; meat and meat extracts; meat-based snack foods; prepared meat; preserved meats and sausages; processed…
Owned by: Carew-Reid, Lloyd
Serial Number: 77347650

 
NAUGHTY KNAVE
 

NAUGHTY KNAVE

Dried meat; meat; meat and meat extracts; meat-based snack foods; prepared meat; preserved meats and sausages; processed…
Owned by: Carew-Reid, Lloyd
Serial Number: 77365161

 
Image Trademark
 

Image Trademark

dried meat; meat; meat and meat extracts; meat-based snack foods; prepared meat; preserved meats and sausages; processed…
Owned by: Carew-Reid, Lloyd
Serial Number: 77365281

 
Image Trademark
 

Image Trademark

Dried meat; meat; meat and meat extracts; meat-based snack foods; prepared meat; preserved meats and sausages; processed…
Owned by: Carew-Reid, Lloyd
Serial Number: 77365298



Time Magazine - Judiciary




Lloyd Carew-Reid who is 
a classical guitarist living in New York City,
who once played a cat-and-mouse game with Manhattan cops to fight
for the rights for buskers to make music in the New York Subways. now continues to campaign average american's constitutional rights...
 
"This is America!" was his thought.
 "They can't do this to me! It's against my constitutional rights!"
The musician and the First Amendment double-teamed the court and won.
  





For three years Lloyd Carew-Reid, a classical guitarist living in New York City, played a cat-and-mouse game with Manhattan cops. What the man wanted to do was make music in the subway system, hoping his melodies would coax some change out of commuters' pockets. But there were rules against such conduct. In time Carew-Reid, an Australian, got down on himself for trying to make a living in so frustrating a fashion. Then one night a banal but correct notion changed his life. "This is America!" was his thought. "They can't do this to me! It's against my constitutional rights!" The musician and the First Amendment double-teamed the court and won. These mornings you can catch him happily playing below-ground Bach at 59th and Lexington, where he says, "It's a free world down here now."

So it goes throughout this litigious land. In Wisconsin, Selena Fox, a witch, is fighting local zoning laws so that she may conduct religious ceremonies on her property. In Oklahoma, Lucille McCord and Joann Bell, two mothers, successfully ended school prayer with a suit, then, after Bell was assaulted and her home burned, the women sued again and won undisclosed damages from the school district of Little Axe. In Montana, Donna Todd filed her tax return after typing on her 1040 form, "Signed involuntarily under penalty of statutory punishment." The Internal Revenue Service fined her $500 for filing a "frivolous" return. Todd and the courts battle on. Here and there, sanctuary, sanctuary, sanctuary is all the word. Kay Kelly of Tucson, for example, was placed under house arrest for refusing to give the name of the Guatemalan she had sheltered. She contended her right to keep silent on the name was a religious issue.

Well, one could go on, but the point is that the civil docket still makes room for more than whiplash, malpractice, what have you, still accommodates the citizen who has nothing grander to gain than the Republic's concession that he was right and it was wrong, which is pretty grand. In Louisiana, a Vietnamese schoolgirl, no bigger than a pencil sharpened to a nub, had no larger scheme than to publish a newspaper for the "out crowd" at her Louisiana high school, but she ran afoul of her principal nonetheless. In California, a black entrepreneur who sports a thick thatch of provocative dreadlocks and enjoys late-night strolls, even in white neighborhoods, didn't particularly care for being stopped 15 times for vagrancy. He felt that his looks, race and whereabouts were what had invited police inquiry and that these things added up to undue cause. Neither the schoolgirl nor the entrepreneur gave up; they went to the bench.

None of these people are larger-than-life Jimmy Stewarts in a Frank Capra piece; rather, they are obscure citizens who felt slighted on their home patch and sought redress. As subjects, they are what crusty journalists of another age called the "little people." Forty years ago, Joseph Mitchell, the New Yorker writer, bridled at this condescension: "They are as big as you are, whoever you are." With that in mind, herewith the cases of the guitarist, Carew-Reid; the student, Cat Nguyen; and the entrepreneur, Edward Lawson.

Lloyd Carew-Reid, the street musician from Perth, is a squirrelly little guy, blond beard, soft speech, 37 years old, who lives on the rim of the Chelsea area of Manhattan in a dog-eared hotel where drug deals and muggings go down every month or so, where one mad woman thinks she's a rooster. His home environment to some would seem a nightmare; his work environment to most would seem hell. After a day of breathing the iron filings in the New York City subways, one would think he could blow his nose and sink a Hudson River liner. Worse, a braking train in a tunnel in this town can sound like a ten- ton banshee caught in a vise. And yet there he sits, caressing an acoustic guitar in bedlam, playing Bach and Mozart, Francisco Tarrega and Erik Satie, and one of the reasons he got his back up about it was that the city had the gall to hit him with an environmental charge: making unnecessary noise.

In 1985 the Metropolitan Transit Authority issued 3,000 summonses for "unauthorized noise through a reproduction device," a catchall ordinance that covered radios as well as musical instruments, amplified or no. In April of the following year, Carew-Reid was also ticketed three times for "solicitation for entertainment." "Right," the guitarist said sarcastically. "It's a horrible situation down there, and it should remain so." What really got his goat was "the bureaucratic arrogance of it all. Rules. Rules. You've got to have rules. How can rules apply to aesthetics?"

The transit authority replied that musicians setting up shop on densely packed platforms posed safety problems. Said a spokesman: "We do not allow any unsanctioned playing of instruments on the subways." Carew-Reid chose to challenge the constitutionality of the authority's rules against his unsanctioned playing. The T.A. dropped all charges against Carew-Reid in January, stopped issuing summonses to musicians (unless they are found to be blocking an entrance or interfering with train operations -- rare instances, both), and said it would rewrite its regulations.

"It was the best possible victory," Carew-Reid says. "I was almost developing a hate-cop mentality. Now I feel pleased when I see one come up. Sometimes they say, 'That was nice.' "

One recent drizzly morning, a lot of people expressed similar sentiments. "God bless you," a woman said in a note she dropped into the musician's guitar case, along with a dollar. "Lovely," said others. "Just beautiful." At the end of the day, the guitarist pockets between $40 and $60, his normal take. Then he returns to the fleabag he calls home, takes up his duties as president of the tenants' association and works for better housing conditions. "This is America, isn't it? People don't have to live in squalor."

A year ago this spring Cat Nguyen was 16, an honors student at West Jefferson High School, just across the Mississippi River from New Orleans, and an editor of a soon-to-be mimeographed school paper called Your Side. Five years before that she had reached this country from Viet Nam, with no command of English. Having come so far so quickly, she thought the world was at her ! feet -- until Principal Eldon Orgeron saw the paper and banned it.

He had not been consulted, Orgeron said; what was more, he seemed to read the paper's tone as seditious. Nguyen went to the American Civil Liberties Union. "I had to do it to prove I can fight for my rights and to show other kids they can fight for theirs."
He had not been consulted, Orgeron said; what was more, he seemed to read the paper's tone as seditious. Nguyen went to the American Civil Liberties Union. "I had to do it to prove I can fight for my rights and to show other kids they can fight for theirs."

Nguyen is one of those wunderkinds who inspire pride, envy or both. Her mother came from Saigon to New Orleans in 1980 to be near a brother. Cat soon followed. Her mother got a job teaching elementary school and rented a long, skinny house -- a shotgun house -- hard by the levee in the little town of Gretna. Cat conquered English, became an honors student and grew to a height of 4 ft. 9 in. She also got an after-school job in a grocery, where she has to stand on a case of beer to reach the cash register.

Last year, as part of a class project on freedom of the press, she and her friend Regina Saenz and a couple of casual contributors put out their 14-page mimeographed paper. They thought they were being ironic, funny, irreverent. They included references to unresponsive counselors, the selling of term papers, sex, drugs, cheating. "Don't try to cheat unless you're really sneaky, have years of experience and sit way in the back of the class," they wrote in a parody of an advice column. To a would-be dropout, they preached, "Just stay home, get a job at some gas station, get married, have a couple of kids, and before you know it, you'll be 70."

"This was not responsible journalism," said Orgeron. "This school does not extol those kinds of things. That's why this paper has to stop." The principal seized the last 30 of the 150 copies Cat had run off. She had sold the rest at 50 cents a pop. The young woman likes to tell her own story:

"I used to be a waitress in a restaurant, and I knew some lawyers, and they told me to call the American Civil Liberties Union. For a week they didn't accept me. They thought I was just some student mad at my principal. When they did accept me, the A.C.L.U. contacted the school and threatened to take it to court. The school board's lawyers settled out of court. I got the right to print more issues, but I couldn't sell it. We had no money. How could I print without selling?

"I could not sue without parental approval because I'm underage, and my mother works for the school board and she wouldn't sign. If I had my way, I would have taken it all the way. At the end of the school year I decided to publish another issue. Since I couldn't sell it, it came mostly out of my pocket. I just wanted to prove my rights. It made the teachers mad. The principal said he decided not to censor it -- with the lawyers and everything he didn't have the right -- but he just wanted to sound tough."

What dispirited her about the ordeal, the student says, was the apathy of the student body. "I wanted a paper for the majority, the D students. The minority, the A students, have their own paper, the official paper, the Jolly Roger. But when my paper came out, the minority was against me and the majority couldn't have cared less. I wanted to be a lawyer and change the world. But when I saw the minority wasn't with you and the majority didn't care, it looked to me just like politics. I have decided to become a doctor and help people whether they want it or not. I don't want to have anything to do with politics."

Cat Nguyen was graduated from West Jefferson High last month with perfect scores and a four-year Martin Luther King Scholarship to Brandeis University, where she will start the long road toward becoming a physician.

"The dictum that for every wrong there is a right is not true reality. There are a lot of people out there who have been wounded, with no remedy." This is Ed Lawson talking, and can he talk. It is a stunning San Francisco dawn, and Lawson has rejected an invitation to breakfast. "I do not like to do two pleasurable things at once, converse and eat. I find one gets in the way of the other. We'll find someplace outdoors to languish." In moments he secures a public bench not far from Union Square, and occupies it with a self- assurance that all but says aloud, "I am a taxpayer. This is mine."

Lawson ran into trouble in San Diego, where, as an "avid pedestrian," he was stopped repeatedly for vagrancy on his midnight walks, prosecuted twice and convicted once under a provision of the state's penal code that required him to produce "credible and reliable" identification for any police officer who had reason to be suspicious. Lawson saw the matter simply: he was black, his looks were not conventional, and he was treading white sidewalks. His suit called the law unconstitutionally vague and said it violated the Fourth Amendment's guarantee against "unreasonable searches and seizures" and the Fifth Amendment's self-incrimination protection. The U.S. Supreme Court did not subscribe all the way with Lawson, but it did agree that the statute was % too vague to satisfy the due-process clause of the 14th Amendment. Today Ed Lawson's nightly constitutionals are nobody's business.

"I took a terrible beating for years," Lawson says, drinking in the day. "Somewhere back in here is Melvin Belli's office." He sweeps an arm round San Francisco. "I sat there. He said, 'No remedy. No money in it.' I went to the best-known attorneys, the highest priced. They said by and large you don't win against the police department. They didn't understand that I knew I could beat them on my own turf, the media. Most people who can communicate, communicate. Those who can't, carry guns. I thought surely at some point sanity would prevail. But they would not give up, and so it went all the way to the Supreme Court."

In May 1983, the night the Supreme Court struck down the California statute that the San Diego police had used to nail Lawson for vagrancy, Lawson, who was called the California Walkman in headline shorthand, was all over the networks, sauntering, as the news programs had it, wherever he pleased. He said at the time, "If you are one of those individuals who, over coffee and the morning paper, says, 'This is terrible. Somebody ought to do something about this,' you will probably see the person who should do something when you look in the mirror to shave."

To this day he keeps his principles handy, as you would a wallet. Born 41 years ago in Buffalo, he remembers blacks rapping in the streets in a time before they were called raps. "They were always saying, 'They won't let me do this.' My frequent comment would be, 'Who are they?' Much of my life has been uncovering that prevailing myth."

Somewhere along the line, Lawson, an odd duck by any measure, got press smart. He knew he was photogenic, he knew he was bright, and he knew his cause was right. Innocent black man arrested for taking a hike? It was a natural. The notoriety his case received has led to his involvement in other "meaningful battles," as he calls them.

Lawson makes a living in an ill-defined sort of way. "I'm neither a butcher, a baker nor a candlestick maker. I do joint ventures with the entertainment industry. I'm a member of the Screen Actors Guild. I wrote a screenplay. I've got a horrendous project involving the integration of entertainment with education. You want to call me a consultant? Will your stomach settle? Okay, I'm a consultant. But really I do whatever the Sam Hill I want to." Lately he has been involved in something called Pro Per Inc., + which is "attempting to de-lawyer and re-people the American court system by encouraging Americans to represent themselves in court." And there is something Lawson calls the "Unauthorized Commission on the Bicentennial of the United States Constitution." He is publishing a biweekly pamphlet called Common Cents, which encourages the common man to celebrate his favorite part of the Constitution in his own way, as opposed to what Lawson sees as a white, snobbish celebration along the Potomac.

"The measure of an advanced civilization is how it treats its worst people, not its best," he says, rising from his bench. "Those who have the most reason to celebrate a Constitution are the poorest. The people in the BART ((Bay Area Rapid Transit)) station. That gentleman asleep on that bench over there." Then Lawson strides away, a man with a purpose.

New York Times

New York Times

About New York; Europe Can Wait: Musician Adopts An S.R.O. Hotel

On his way to Germany from Australia to pursue a career as a classical guitarist, Lloyd Carew-Reid somehow landed at the Kenmore, a dismal single-room occupancy hotel on East 23d Street. His neighbors included many respectable people, low on cash like himself, as well as reputed drug dealers and prostitutes and one woman who seemed to think she was a rooster.

''I couldn't believe it,'' said Mr. Carew-Reid, who had never been to New York before. ''I thought this was what happened to all New Yorkers - it drove them crazy. I thought, 'I've got to get out of here.' ''

Some of the residents had come to their $90-a-week rooms at the hotel between Lexington and Third Avenues from mental institutions. Even for those suffering from only the usual neuroses, life at the hotel, as Mr. Carew-Reid soon learned, was a daily test of will, one that threatened to drive all but the most resilient -or perhaps the most detached - to the brink.

In a building with 22 floors, the elevators were constantly breaking down - and that was a relatively minor problem. Elderly women had their purses grabbed out from under the communal toilet stalls. A man got into a fight with his girlfriend and stabbed her to death. Another woman was raped.

That was 18 months ago. Mr. Carew-Reid never made it to Germany. He was beguiled by Manhattan and, in a strange way, by the Kenmore. He stayed on there, even after he was making enough money playing Mozart in the subways to move to better quarters.

How could he leave? The 37-year-old traveler from Perth had become president of the first Kenmore Hotel Tenants Association and was embroiled in legal battles against the landlord in an attempt to improve conditions at the hotel. ''I keep saying, 'Lloyd, you've got to cut back, you're losing yourself,' '' he said. He was sorting through his legal files in his cramped room on the 20th floor, where his book collection includes ''One Hundred Years of Solitude'' as well as that other classic he swears by - ''Tenants Rights and How to Protect Them.''

His fellow tenants regard Mr. Carew-Reid as their own ''Crocodile Dundee,'' but unlike the movie hero, he does not live at the Plaza.

''He's our guiding light,'' said Mary, a secretary who has lived at the hotel since 1954. ''We trust him.''

''We're blessed to have him,'' said Peggy, an 11-year resident.

''The Kenmore is my family,'' Mr. Carew-Reid said.

Shortly after his arrival, he found a notice of a tenants meeting under his door, and went. It had been called by Norman Silvar, a retired merchant seaman who lived at the Kenmore for 30 years, until his death of a heart attack last summer. Mr. Silvar apparently remained an inspired idealist until the end.

''He had a whole pipe dream,'' Mr. Carew-Reid said. ''He had a computer in his room. He wanted us to write a constitution. He wanted to have floor captains. He was an old union man. He kept telling me, 'Lloyd, you've got to go and get Robert's Rules of Order.' ''

Mr. Carew-Reid did buy Robert's Rules of Order, but he never uses them. This group of tenants has concerns far more pressing than the observance of the proper protocol. ''You cannot organize the Kenmore,'' he said.

The latest meeting was held in the hotel's dirty, windowless lounge, with its neon-green vinyl chairs. The tenants, among them a gentleman dressed only in a black slip, swatted flies as they recited their complaints. The latest hallway mugging was reported. A member of the management stopped by uninvited to suggest that the tenants had sabotaged the elevators by stealing key parts.

Mr. Carew-Reid listened calmly. ''Meditation is the answer,'' he said later. He also finds it helpful to make regular visits to a psychologist, who gives him a break on the fee.

Like most landlord-tenant battles, this one drags on. Progress is measured in small triumphs like the reappearance of the security guards, the repair of the elevators, a steady supply of toilet paper. Constant vigilance is required on the part of the tenants. The Kenmore, according to lawyers at MFY Legal Services, which is handling the tenants' case, is not the worst single room occupancy hotel in the city, nor is it the best.

Mr. Carew-Reid has already won one battle against the bureaucracy. Last year, while playing his guitar in the subways, he was given a summons by the Metropolitan Transit Authority for ''unauthorized noise through a reproduction device.'' He argued First Amendment rights and the charges were dropped.

It is all part of the adventure for this Australian, a former gymnast, dishwasher and accountant, who once worked in a gold mine in the Outback, 200 miles from the nearest town, where summer temperatures reach 120 degrees.

The gold mine turned out to be valuable preparation for Mr. Carew-Reid's experience at the Kenmore. As he put it: ''I'm in the outback of New York here.''

A version of this article appeared in print on Saturday, August 22, 1987, on section 1 page 29 of the New York edition.

 
 
 
 
 
 

Know Your Rights!
A Guide for Subway Musicians & Other Performers

(revised edition, © 2004)

Prepared by Susie Tanenbaum with The Street Performers Advocacy Project and City Lore

PURPOSE OF THIS GUIDE

You have a right to perform in the subways, on the sidewalks and in the parks of New York City. The purpose of this guide is to clarify your rights and responsibilities as public space performers, especially when you are setting up underground. We also hope that officers in the New York Police Department, Station Managers, and hearing officers will find this guide useful when they are implementing New York City Transit regulations permitting subway performances.

The Street Performers' Advocacy Project was formed in 1996 as a coalition of musicians and activists who were united in their belief that street and subway performers make a valuable contribution to this city. They decided that a guide would advance their goal of encouraging spontaneous expression and a sense of community whenever and wherever possible. In the same spirit, we have revised the guide to reflect more recent court rulings and current government policies. Now that the guide is on the web, we hope to update it on a more regular basis.

The sections of this guide are as follows:

SOME HISTORY shows that, as a street performer, you are carrying on a tradition that is as old as civilization itself.

YOUR RIGHTS AND RESPONSIBILITIES outlines the New York City Transit regulations, and explains what you are authorized to do.

COURT DECISIONS IN YOUR FAVOR highlights many of the legal rulings that uphold the rights of street and subway performers.

THE TRANSIT POLICE explains the role of officers underground and suggests some options for dealing with confrontations.

TRANSIT POLICE FACT CHECK is a quick reference so that you know what is true and what is false.

STATION MANAGERS explains their role and suggests ways to handle confrontations.

MUSIC UNDER NEW YORK describes the MTA's music program and how it co-exists with freelance performances.

LEGAL ASSISTANCE lists names of attorneys who have agreed to be contacted for advice.

PERFORMING ON THE STREETS AND IN THE PARKS provides basic information about recent rulings and policies affecting performances in the city's other major public spaces.

OUR VIEWS is where we share with you how we think the rules governing subway music could be improved.

CONFRONTATION SHEETS are intended to help you document problems you might have while performing in public spaces.

Here are some abbreviations that you will come across in this guide:

MTA: Metropolitan Transportation Authority
NYCT: New York City Transit
NYPD: New York Police Department
MUNY: Music Under New York

Please let us know what you think of this guide! You can reach us at: (212) 529-1955 or at This email address is being protected from spambots. You need JavaScript enabled to view it..
Thanks,
Susie Tanenbaum, Street Performers' Advocacy Project
Steve Zeitlin, City Lore

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SOME HISTORY

There have been street performers as long as there have been streets. In ancient Egypt and Greece, people entertained and passed the hat for donations. During the Middle Ages—in Europe, troubadours were the personal street performers of the aristocrats, while minstrels and jongleurs brought joy to the general public.

In colonial America, twelve-year-old Benjamin Franklin sang on the streets of Philadelphia! At the turn of the century, immigrants helped to make street performing popular in New York. There were German marching bands and Italian organ grinders—"hurdy gurdies"—who serenaded women below their tenement windows and during the Great Depression, banjo players set up on subway and elevated platforms.

Government authorities never knew exactly what to make of street performing. They seemed to think its spontaneity was a threat to law and order. In the 1930s, New York Mayor Fiorello LaGuardia called them beggars (he defended the poor but disapproved of panhandling), and he made it illegal to perform on New York City's streets.

Although street performing was allowed once again after 1970, subway performances were illegal until the 1980s. And yet the elevated and underground subway platforms were not quiet. Artists still expressed themselves and attracted an audience underground. In the 1940s, for example, Woody Guthrie, Pete Seeger, and others involved in the growing Urban Folk Revival Movement pulled out guitars while waiting for their trains. Not only did they reclaim public space, they believed that songs could change social conditions.

In the early 1960s, young African American and Italian American men sang doo-wop inside subway cars and received donations from appreciative riders. In 1987, with the creation of an official MUNY (Music Under New York) program, public performers have been re-recognized by authorities. The program is now funded and directed by the MTA Arts for Transit office.

Whether you were raised in New York City or in a country with its own street performing tradition, you are helping to carry on a venerable urban tradition.

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YOUR RIGHTS AND RESPONSIBILITIES

YOU HAVE A RIGHT TO PERFORM IN THE NEW YORK CITY SUBWAY SYSTEM
The New York City Transit (NYCT) is the subdivision of the Metropolitan Transportation Authority (MTA) that operates the city's subways and buses. The NYCT authorizes these types of free expression in subway stations:

"Public speaking; distribution of written materials; solicitation for charitable, religious or political causes; and artistic performances, including the acceptance of donations [emphasis added]."

The statement we just quoted comes from Section 1050.6 (c) of the New York City Transit rules and regulations governing "non-transit use of transit facilities". As a consequence of the regulations, these activities are also protected by the First Amendment of the United States Constitution [See the end of this guide for the full text of the regulations]. Government (in this case, the NYCT) can only regulate the time, place, or manner in which the activities are presented, and only if restricting them advances a substantial government interest. This translates into the following restrictions on performances:

• setting up at least 25 feet from a token booth

• setting up at least 50 feet from the marked entrance to an NYCT office or tower

• not blocking access to an escalator, stairwell or elevator

• not interfering with transit services or passenger movement in general

• not performing in an area where construction is underway

• not performing during a public service announcement

• not performing above 85 dBa measured at 5 feet, or above 70 dBa measured at 2 feet, from a token booth

• not performing in subway cars

YOU DO NOT NEED A MUNY PERMIT TO PERFORM IN THE SUBWAYS
Some subway performers are members of the MTA's Music Under New York program, also known as MUNY. Other performers are independent, and in this guide we refer to them as freelancers.

MUNY schedules performances on designated mezzanines in the subway system and commuter railroad terminals. You have to pass an audition to become a member of MUNY. Twice a month, MUNY members receive a schedule ("permit"), which gives them priority in the spots where they are scheduled to perform. You do not have to be a MUNY member to perform in the subway system! Also, MUNY has nothing to do with subway platforms.

YOU HAVE A RIGHT TO PERFORM ACOUSTIC MUSIC ON SUBWAY PLATFORMS
Freelancers are authorized to perform on subway platforms. But the NYCT prohibits the use of amplification devices on platforms, including battery-operated Mouse amps and microphones. Freelancers, just like MUNY members, may use amplification when they perform on subway mezzanines.

NO CASSETTE TAPE OR CD SALES: Neither MUNY members nor freelancers are authorized to sell recordings in the subway system. Many of them do anyway, and they risk getting ticketed by the Transit Police or having their work confiscated.

YOU CAN FREELANCE IN PARTS OF GRAND CENTRAL TERMINAL
Freelancers can request a special "permit to engage in non-commercial activity" to perform in Grand Central Terminal's 42nd Street Passage or in the Graybar Passage. Requests have to be made at least 2 days in advance. The permits are good for 7 days. Write to: General Superintendent, Metro-North Commuter Railroad Company, Grand Central Terminal, 89 East 42nd Street, New York, NY 10017.

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COURT DECISIONS IN YOUR FAVOR

By the 1970s, street performers in many U.S. cities were going to court to have their Constitutional rights upheld. Here are some highlights:

  • Goldstein v. Town of Nantucket 477 F.Supp. 606 (D. Mass. 1979) established that street music, even when performed for donations, is protected First Amendment activity: "The fact that plaintiff troubadour accepted contributions of passersby during his public performance would not dilute his protection under the First Amendment."
  • In Davenport v. Alexandria, Va. 683 F2d 853 (1983), 748 F2d 208 (1984), the court held that there were no valid safety arguments to stop musicians from performing: "There has been shown no safety interest to outweigh the plaintiff's First Amendment interests."
  • As for the New York subways, already in the 1960s People v. St. Clair 56 Misc.2d 326 (Criminal Ct. N.Y. Cty. 1968) ruled that "for First Amendment purposes, no distinction can be wrought between a subway platform and the public street."

Still, until 1985, musical performances were not permitted in New York's subway system. Then guitarst Roger Manning received a ummons on the Lexington Avenue & 59th Street platform for "entertaining passengers", which he challenged in Manhattan Criminal Court. The case became known as People v. Manning Docket No. 5N038025V (Criminal Ct. N.Y. Cty. 1985). In this case, the court decided that the total ban on subway music "was unconstitutionally violative of the First and Fourteenth Amendments of the United States Constitution."

In 1989, the Transit Authority (the old name of the NYCT) proposed to ban music on subway platforms. At some remarkable public hearings, musicians, subway riders, politicians, and civil liberties attorneys spoke, sang, and juggled in opposition to the ban. The Transit Authority listened, but it banned amplification devices on platforms instead.

Guitarist Lloyd Carew-Reid, who had formed an organization called STAR, Subway Troubadours Against Repression, challenged the amp ban in court. Carew-Reid v. Metropolitan Transportation Authority, 1990 WL 3216 at 6 (S.D.N.Y. 1996), was the first federal case to affirm that "the TA [Transit Authority] has designated the subway platforms as public forums for musical expression."

Still, the Second Circuit Court of Appeals upheld the Transit Authority's right to impose the amp ban on platforms, which remains in effect today.

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THE TRANSIT POLICE

The Transit Police Bureau is a subdivision of the New York Police Department. Transit Police officers are responsible for enforcing the NYCT rules and regulations.

Many officers are friendly to subway performers, and some really appreciate the way a performance can brighten up the subway environment. At the same time, the police are allowed to use their discretion in implementing the NYCT regulations. So, if a performer is not playing by one of the rules, officers can decide whether to let it go, issue a warning or a ticket, eject the performer from the station, or even put the performer under arrest.

If you have a confrontation with the police—if they tell you to change the way you are performing, move you, or tell you to leave—you still have options.

Objecting: You may want to assert your rights by raising objections with the officers. Be aware, however, that in doing this, you may run a greater risk of receiving a summons, having your property confiscated, being charged with "disorderly conduct", or getting arrested.

Complying: Another way of asserting your rights is to comply with the officers' orders (doing what they say) for the moment and to challenge their actions in court later.

Here are some other options, depending upon the situation.

Volume: If the police stop you for playing above the 85-decibel volume limit and you think they're wrong, you can say that you want them to measure your volume with a decibel meter. Their district command should have a decibel meter.

Harassment: If you feel that the police are treating you unfairly or using excess force, take down their badge numbers. Also, ask riders standing nearby if they are willing to be your witnesses, and if they are, take down their names and phone numbers. Use one of the Confrontation Sheets on this web site to collect all of the information. Then you can call one of the attorneys listed on this web site for further advice.

If you get a ticket, make sure you show up in court or respond by mail before the court date. Most tickets require performers to appear either at the Transit Adjudication Bureau at 505 Fulton Street in Brooklyn, or in Criminal Court at 100 Centre Street in Manhattan. It is difficult to challenge a ticket if it charges you with violating one of the NYCT rules, but check the ticket for errors. You can also contact one of the attorneys on this web site for advice.

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TRANSIT POLICE FACT CHECK

During our research, we learned from many of you that some Transit Police officers get the rules wrong. Be aware of what's false and what's true!

FALSE: You need a MUNY permit to perform in the subways.
TRUE: Everyone has a right to perform in the subways, subject only to time?place?manner regulations.

FALSE: You can perform, but not for donations.
TRUE: You are authorized to perform and accept donations.

FALSE: No music is allowed on subway platforms.
TRUE: Acoustic music is allowed on platforms. Acoustic or amplified music is allowed on mezzanines.

FALSE: Subway music is banned at certain stations.
TRUE: Transit Police officers have the discretion to decide whether or not to enforce regulations. They may also tell musicians to lower their volume or to stop performing for a while, for instance, during rush hours. But they can not keep musicians out of a station permanently.

If you feel that some officers are misenforcing the rules, show them this guide!

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STATION MANAGERS

Station Managers are the NYCT employees responsible for monitoring the "quality of life" of their stations. They do this by overseeing any necessary repairs or renovations and by providing customer service to subway riders.

Some performers have reported at least as many confrontations with Station Managers as with the Transit Police. Station Managers do not have the authority to give you tickets, but they have the same discretion as police officers to tell you to lower your volume, or to stop performing at times when an area of the station is very crowded.

Here are a few things you can do in confrontations with Station Managers:

Objecting: You always have the option of raising objections. Just realize that this may lead to an escalation of the conflict.

Complying: Instead of objecting, you can comply with the orders, and use the Confrontation Sheets on this web site to write down everything that happened. Then you can contact one of the attorneys on this web site for advice on how to proceed.

Educating: Show the Station Managers a copy of this guide, and specifically Section 1050.6 (c) of the NYCT rules and regulations. They might appreciate learning something about the rules that they didn't know before!

Reporting: If none of these steps resolve the situation and you believe you're being treated unfairly by a Station Manager, you can "complain to the boss"— write to the NYCT President, Lawrence Reuter, at New York City Transit, 370 Jay Street, Brooklyn, NY 11201. Or contact us at City Lore! [This email address is being protected from spambots. You need JavaScript enabled to view it.]

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MUSIC UNDER NEW YORK (MUNY)

What it is
MUNY is a program of the Metropolitan Transportation Authority (MTA), the agency that oversees the NYCT. The MUNY program schedules performances on a number of mezzanines, in two commuter railroad terminals—Grand Central Terminal and Penn Station—, in Yankee Stadium and Shea Stadium, and in the Duffy Square traffic triangle above ground in Times Square. MUNY has nothing to do with the subway platforms. [http://www.mta.nyc.ny.us/mta/aft/munyfacts1.htm]

How to apply
To become a member of MUNY, you have to audition and be accepted. Call (212) 878-4678 to arrange an audition. The auditions are held only once a year and the MUNY program is asking applicants for an audio tape or a video of their performances ahead of time. Please be aware that a great audition doesn't guarantee you a place in MUNY; the program only has space for about 10-20 new members a year. But once you're accepted, you're in—your membership doesn't expire.

How it works
MUNY members request spots twice a month. They receive schedules printed up on cards that are often referred to as "permits", listing the locations and the times at which they are scheduled to perform.

Membership Advantages
Priority in popular spots: If independent, "freelance" performers are in your spot when you are scheduled to set up, you can ask them to leave.

Access to commuter railroad terminals: Only MUNY members are authorized to perform on Grand Central Terminal's lower level and in Penn Station's Long Island Rail Road waiting area.

Less police harassment: Since MUNY members have been scheduled by an official program, the police are less likely to tell them to move. If MUNY members do get harassed, they can report incidents to the MUNY program and ask for help.

Cassette tape and CD sales in commuter railroad terminals: MUNY members may legally sell cassette tapes and CDs in the terminals.

Special events: The MUNY program holds special events during the year, and MUNY members are paid a small stipend to be a part of them.

Referrals: Corporations and individuals call the program to find out how to contact and hire MUNY members.

Rules and restrictions
MUNY members are subject to the NYCT regulations just as freelance performers are. In addition:

Permits and banners: MUNY members are expected to hang their orange-and-black banners behind them when they perform. They must show their official schedules ("permits") to police officers or Station Managers when asked. They are not supposed to display any other visual devices (such as photos of themselves).

No cassette tape or CD sales on mezzanines: Just like freelance performers, MUNY members are not authorized to sell cassette tapes or CDs in the subway system. Many of them do anyway, and they risk getting ticketed by the Transit Police or having their work confiscated. When this happens, the people who run MUNY generally can not help their members in court.

Contract waiver: MUNY members must sign a contract that requires them to give up certain rights in case of accidents.

Many MUNY members "double" as freelancers when they are not scheduled to perform with MUNY. This is allowed.

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LEGAL ASSISTANCE

The following attorneys and organizations are willing to be contacted if you have confrontations with the police or experience other problems during your public space performances. Please call or write them for advice:

Marni Berk, Esq.
Director of Pro Bono Programs
New York Lawyers for the Public Interest
151 West 30th Street, New York, NY 10001
(212) 244-4664

Paul Chevigny, Esq., Professor of Law
New York University School of Law
Vanderbilt Hall, 40 Washington Square South, New York, NY 10012
(212) 998-6249

Art Eisenberg, Esq.
New York Civil Liberties Union (NYCLU)
125 Broad Street, New York, NY 10004
(212) 344-3005

Gene Russianoff, Staff Attorney
New York Public Interest Research Group (NYPIRG)
9 Murray Street, New York, NY 10007
(212) 349-6460

For legal advice on matters other than performing in the subways and on the streets, you can contact one of these Legal Services offices:

Manhattan — (212) 431-7209
Brooklyn — (718) 237-5500
Queens — (718) 392-5646

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PERFORMING ON THE STREETS AND IN THE PARKS

Streets and parks are traditional public forums, places which "by long tradition or government fiat have been devoted to assembly or debate." [Perry Education Association v. Perry Educators' Association, 460 U.S. 37, 45-46 (1983)] This means that you definitely have a constitutional right to express yourself in them.

Streets
Since the 1970s, musicians have not needed a license to sing or play on the streets of New York, but now there is a sound amplification permit requirement. Street performers who use amplification devices are required to apply for a permit from the local police precinct Community Affairs Office overseeing the area where they wish to perform. The permit costs $45 a day, and musicians are expected to apply for it 7 days before they perform.

During the 1990s, a street musician went to court to challenge these regulations. In Turley v. Police Department of the City of New York, Robert Turley argued that the city's sound amplification permit system was overly restrictive and unconstitutional. The Second Circuit upheld the city's policy with regard to amplified music. Robert Turley may be appealing this decision to the Supreme Court.

Turley also argued that New York City's vendor permitting scheme violated his right to free speech and denied him equal protection of the law because he was effectively barred form selling cassette tapes and CDs during his performances. The court rejected Turley's argument, because it found that the city's permitting scheme satisfied the conditions for meeting a "legitimate government interest."

The sound amplification permit requirement is not enforced consistently throughout the city. Some amplified musicians continue to perform without this permit. Some also continue to sell cassette tapes and CDs. They risk getting ticketed by the police, or possibly having their work confiscated.

Parks
Parks Department regulations require street performers to apply for the same sound amplification permit from the local police precinct, if the performance in question can be heard outside the immediate area.

In addition, the Parks Department requires performers to obtain a $25 Special Events permit, at least 21 to 30 days in advance, if either of these conditions apply:

the performance is expected to draw a large crowd (over 20 people)
• the performer wants to set up in a particular location

A single Special Events permit can cover 3 dates in different locations, or up to a full month (every day) in a specific location. Permits are granted subject to availability and if the Parks Department deems the location to be appropriate for the performance. In general, performers are also expected to comply with Parks Department rules and regulations, which can be found on the web site:www.nyc.gov/parks.

To obtain the Special Events permit, you have to fill out a one-page application and submit it in person, by mail, or on the Internet. The application is available as a link on the Parks Department's web site: www.nyc.gov/parks. The office address is: Borough Permit Office, New York City Department of Parks & Recreation, 24 West 61st Street (between Broadway & Columbus Circle), 5th Floor, New York, NY 10023. Subway: A B, C, D, 1, 9 to Coulmbus Circle Station. Fax: 212-408-0236. Hours: 10am-5pm Mon-Fri (other times for appointment).

If your request for a Special Events permit is denied, you can appeal the decision to the Parks Department's legal office. Normally, these problems are resolved through negotiation.

If you intend to have vendors at, sell anything at, charge for, or conduct any other revenue-generating activity at your event on parkland, you will require a Temporary Use Authorization (TUA) (PDF, 16 KB) from Parks' Revenue and Concessions Division. For more information about TUAs, call (212) 360-1397.

For specific information about Parks Department regulations outside of Manhattan, you can contact the Borough Parks Offices directly:

Bronx - (718) 430-1847
Brooklyn - (718) 965-8912
Queens - (718) 520-5941
Staten Island - (718) 390-8023
Manhattan - (212) 408-0226 (Recording)
Citywide - (212) 360-1319

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OUR VIEWS

In the previous sections of this guide, we aimed to make you aware of the existing regulations governing public space performances, especially as these apply to the subways. Now we want to share with you how we feel the rules could be improved.

* ALLOW AMPLIFIED MUSIC ON SUBWAY PLATFORMS. The authorities argue that amplified music on the platforms produces "excessive noise", which they say interferes with transit operations and reduces public safety. But another argument, which we agree with, is that unamplified instruments such as drums and horns can be just as loud as amplified guitars and vocals. According to this view, the amp ban should be lifted and the NYCT's volume limit could be uniformly enforced with the use of a decibel meter.

* ALLOW THE SALE OF CASSETTE TAPES AND CDs IN THE SUBWAY SYSTEM. We support the argument advanced in Carew-Reid v. MTA that sales of cassette tapes and CDs are an extension of the performers' creative expression. Aside from this, a commercial licensing system can be set up for performers to sell their own recordings. Such a permitting scheme was discussed at the end of the Carew-Reid case, but there was no follow-up. It is not too late to explore such an arrangement.

* MAKE THE SOUND AMPLIFICATION PERMIT AFFORDABLE FOR STREET PERFORMERS. The fee (see the section entitled PERFORMING ON THE STREETS AND IN THE PARKS) is more than some performers earn in one day. If a sound amplification permit is required, we feel that it has to be affordable so that it does not prevent some performances from occurring in the first place.

* MAKE THE SPECIAL EVENTS PERMIT READILY AVAILABLE. The Parks Department requirement to give at least 21 days' advance notice should be reviewed to ensure that it does not result in a "chilling effect" and eliminate spontaneity—a hallmark of street performing since it began centuries ago.

WHAT DO YOU THINK?

We would like to know how you feel the rules governing street and subway performances are working, and also about your experiences as public space performers. You can reach us at City Lore by phone at (212) 529-1955, or by email, This email address is being protected from spambots. You need JavaScript enabled to view it..

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CONFRONTATION SHEET
PDF version to print

Your Name: ___________________________________
Your Telephone Number: ________________________

INCIDENT (Please check as many as apply):
__ Stopped
__ Ejected
__ Ticketed
__ Harassed
__ Other:

Date: _______________________
Time: _______________________
Place: _______________________

WHO WAS INVOLVED:
Name: ___________________________
Title/Badge # if any: ________________

Name: ___________________________
Title/Badge # if any: ________________

Name: ___________________________
Title/Badge # if any: ________________


WITNESSES (Please include riders and other performers)
Name: ____________________________________
Telephone Number: _________________________

Name: ____________________________________
Telephone Number: _________________________

Name: ____________________________________
Telephone Number: _________________________

WHAT HAPPENED (Please describe briefly below)
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

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SOURCES

Baird, Stephen. Street Artists Guild newsletters.

Campbell, Patricia. Passing the Hat: Street Performers in America. New York: Delacorte, 1981.

Harrison-Pepper, Sally. Drawing a Circle in the Square: Street Performing in New York's Washington Square Park. Mississippi: University of Mississippi Press, 1990.

Tanenbaum, Susie. Underground Harmonies: Music and Politics in the Subways of New York. Ithaca: Cornell University Press, 1995.

SPECIAL THANKS TO:

Arthur Eisenberg, Esq., Executive Director, New York Civil Liberties Union, for his extraordinary assistance in updating this guide

Alan Silver, Esq., NYCLU Fellow, for his extensive research

Stephen Baird, Street Artists Guild; Paul Chevigny, Esq., NYU Law School; Gene Russianoff, Esq., Staff Attorney, New York Public Interest Research Group; and George Sommers, Esq., for their indispensable advice

The original SPAP: Jorge Cabrera, Candace Kim Edel, Bruce Edwards, Eric John, Marcial Olascuaga, Robert T. Perry, Benjamin Salazar, Naomi Schrag, Ricardo Silva, and Steven Witt

Written by Susie Tanenbaum and edited by Steve Zeitlin

Photographs by Jason McConathy

Website publishing by Makalé Faber

Public programs, audience expansion, and long-range institutional development at City Lore are made possible by a major grant from the Lila Wallace-Reader's Digest Fund. Funding for this project has been provided by the Puffin Foundation and the Joyce Mertz Gillmore Foundation.

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Purpose of this Guide | Some History | Your Rights & Responsibilities | Court Decisions in your Favor | The Transit Police | Transit Police Fact Check | Station Managers | Music Under New York | Legal Assistance | Performing on the Streets and in the Parks | Our Views | What do You Think? | Confrontation Sheets | Sources | Special Thanks

Carew-Reid v. Metropolitan Transportation Auth., 903 F2d 914 (2nd Cir. 1990);

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

no. 1172 AUGUST TERM, 1989

Argued March 7, 1990 Decided May 18, 1990

 

Docket No. 90-7143

Celebrating self-expression as a basic human right essential for the

healthy growth of youth, individuals and communities

COMMUNITY ARTS ADVOCATES, INC.

Stephen H. Baird, Founder and Executive Director

PO Box 300112, Jamaica Plain, MA 02130-0030

Telephone: 617-522-3407

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Web site: http://www.communityartsadvocates.org  


Lloyd Carew-Reid (@lloydcr_NY) / Twitter

https://twitter.com › lloydcr_ny
 
lloyd carew-reid justice from twitter.com
Lloyd Carew-Reid. @lloydcr_NY. Legal Tech Solutions Architect & Educator. New York, NY linkedin.com/in/lloydcarewr… Joined May 2009.
Missing: justice ‎| Must include: justice
 

Lloyd Carew-Reid - Katz School at Yeshiva University - LinkedIn

https://www.linkedin.com › lloydcarew-reid
 
New York, New York, United States · Instructional Designer · Katz School at Yeshiva University
I partner with subject matter experts to design and deliver learning to your organization's constituencies, both internal and external, and the use of no-code/ ...
Missing: justice ‎| Must include: justice

Lloyd Carew-Reid - on The Busking Project

https://busk.co › ...
 
Classical Guitarist - The world's largest community of street performers. The Busking Project – keeping free art on the street worldwide!
Missing: justice ‎| Must include: justice
Lloyd Carew-Reid
Lloyd Carew-Reid Classical Guitarist
 

Mental fitness to stand trial Criminal Law (Mentally Impaired Accused) Act 1996  

 
 
Western Australia 
Criminal Law (Mentally Impaired Accused) Act 1996 
Contents 
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Application to all courts exercising criminal 
jurisdiction 3
5AA. Courts and Tribunals (Electronic Processes 
Facilitation) Act 2013 Part 2 applies 3
Part 2 — General provisions about 
mentally ill accused
5. Accused refused bail may be detained in 
authorised hospital 4
6. Relationship to Mental Health Act 2014 5
7. Reports to include report of treatment given 5
Part 3 — Mental unfitness to stand 
trial
Division 1 — General
8. Terms used 7
9. Mental unfitness to stand trial, definition 7
10. Presumptions as to mental fitness to stand trial 8
11. When the question of mental fitness may be raised 8
12. Deciding the question of mental fitness 9
13. Raising and deciding the question whether an 
accused has become mentally fit 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 2 General provisions about mentally ill accused 
 
s. 5
page 4 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
Part 2 — General provisions about mentally ill accused 
 [Heading amended by No. 84 of 2004 s. 82.] 
5. Accused refused bail may be detained in authorised hospital 
 (1) This section applies if under the Bail Act 1982 a judicial officer 
refuses to grant bail to an accused. 
 (2) The judicial officer may make a hospital order in respect of the 
accused if the officer reasonably suspects — 
 (a) that the accused has a mental illness for which the 
accused is in need of treatment; and 
 (b) that, because of the mental illness, there is — 
 (i) a significant risk to the health or safety of the 
accused or to the safety of another person; or 
 (ii) a significant risk of serious harm to the accused 
or to another person; 
 and 
 (c) that the accused does not have the capacity to consent to 
treatment. 
 (3) A hospital order is an order that the accused is to be taken to 
and detained in an authorised hospital and examined by a 
psychiatrist and — 
 (a) if he or she is made an involuntary inpatient, detained in 
an authorised hospital; or 
 (b) in any other case kept in custody, 
 until a date set by the judicial officer that is not more than 
7 days after the date on which the order was made at which time 
the accused is to be brought before the court stated in the order. 
 (4) Subject to this section, a hospital order has effect as if the 
accused had been referred under the Mental Health Act 2014
section 26(2) for an examination by a psychiatrist at an 
authorised hospital and that Act applies accordingly.
 
 
Part 3 — Mental unfitness to stand trial 
Division 1 — General 
8. Terms used 
 In this Part, unless the contrary intention appears — 
mental illness means an underlying pathological infirmity of the 
mind, whether of short or long duration and whether permanent 
or temporary, but does not include a condition that results from 
the reaction of a healthy mind to extraordinary stimuli; 
mental impairment means intellectual disability, mental illness, 
brain damage or senility; 
trial means all court proceedings for an offence other than — 
 (a) proceedings in relation to bail; and 
 (b) sentencing proceedings. 
 
9. Mental unfitness to stand trial, definition 
 An accused is not mentally fit to stand trial for an offence if the 
accused, because of mental impairment, is — 
 (a) unable to understand the nature of the charge; 
 (b) unable to understand the requirement to plead to the 
charge or the effect of a plea; 
 (c) unable to understand the purpose of a trial; 
 (d) unable to understand or exercise the right to challenge 
jurors; 
 (e) unable to follow the course of the trial; 
 (f) unable to understand the substantial effect of evidence 
presented by the prosecution in the trial; or 
 (g) unable to properly defend the charge. 
 [Section 9 amended by No. 84 of 2004 s. 82.]
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 3 Mental unfitness to stand trial 
Division 1 General 
s. 10
page 8 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
10. Presumptions as to mental fitness to stand trial 
 (1) An accused is presumed to be mentally fit to stand trial until the 
contrary is found under this Part. 
 (2) An accused found under this Part to be not mentally fit to stand 
trial is presumed to remain not mentally fit until the contrary is 
found under this Part. 
 [Section 10 amended by No. 84 of 2004 s. 82.] 
 
11. When the question of mental fitness may be raised 
 (1) The question of whether an accused is not mentally fit to stand 
trial may be raised — 
 (a) in a court of summary jurisdiction, at any time before or 
during the trial of the accused; 
 (b) in the Supreme Court or the District Court, at any 
time — 
 (i) before an indictment is presented to the court 
against an accused committed to the court for 
trial; 
 (ii) after an indictment is presented to the court 
against an accused and before a jury is sworn; or 
 (iii) at any time after a jury is sworn and during the 
trial of the accused. 
 (2) The question of whether an accused is not mentally fit to stand 
trial may be raised by the prosecution or the defence or the 
presiding judicial officer on his or her own initiative. 
 (3) This Part does not prevent the question of whether an accused is 
not mentally fit to stand trial being raised more than once in a 
trial. 
 [Section 11 amended by No. 59 of 2004 s. 141; No. 84 of 2004
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mental unfitness to stand trial Part 3
General Division 1
s. 12
As at 13 Sep 2017 Version 03-i0-00 page 9 
 Extract from www.slp.wa.gov.au, see that website for further information 
12. Deciding the question of mental fitness 
 (1) The question of whether an accused is not mentally fit to stand trial is to be decided by the presiding judicial officer on the balance of probabilities after inquiring into the question and informing himself or herself in any way the judicial officer thinks fit. 
 (2) For the purpose of the inquiry the judicial officer may — 
 (a) order the accused to be examined by a psychiatrist or other appropriate expert; 
 (b) order a report by a psychiatrist or other appropriate expert about the accused to be submitted to the court; 
 (c) adjourn the proceedings and, if there is a jury, discharge it; 
 (d) make any other order the judicial officer thinks fit. 
 (3) The judicial officer may make a report about the accused available to the prosecutor and to the accused, on such conditions as the officer thinks fit. 
 (4) The prosecution or an accused may appeal against a judicial officer’s decision that the accused is not mentally fit to stand trial. 
 [Section 12 amended by No. 84 of 2004 s. 82.] 
 
13. Raising and deciding the question whether an accused has become mentally fit 
 Sections 11 and 12, with any necessary changes, apply to the question of whether an accused found to be not mentally fit to stand trial has become mentally fit to stand trial.  [Section 13 amended by No. 84 of 2004 s. 82.]
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 3 Mental unfitness to stand trial 
Division 2 Proceedings in courts of summary jurisdiction 
s. 14 page 10 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
14. Adjournments, courts’ powers on 
 If any proceedings are adjourned under this Part, the judicial officer may grant the accused bail, or remand the accused in custody, or make a hospital order under section 5. 
 [Section 14 amended by No. 84 of 2004 s. 82.] Division 2 — Proceedings in courts of summary jurisdiction 
 
15. Application 
 This Division applies if an accused before a court of summary jurisdiction is found to be not mentally fit to stand trial. 
 [Section 15 amended by No. 84 of 2004 s. 82.] 
 
16. Procedure for offences triable summarily 
 (1) This section applies if the accused — 
 (a) is charged with a simple offence; or 
 (b) is charged with an indictable offence that can be tried summarily and that is to be tried by the court of summary jurisdiction. 
 (2) If the court that decides that the accused is not mentally fit to stand trial — 
 (a) is satisfied that the accused will not become mentally fit to stand trial within 6 months after the finding that the 
accused is not mentally fit, the court must make an order under subsection (5); or 
 (b) is not so satisfied, the court must adjourn the proceedings in order to see whether the accused will become mentally fit to stand trial. 
 (3) Proceedings may be adjourned under subsection (2)(b) for any period or periods the court thinks fit but the proceedings must not be adjourned for longer than a total period of 6 months after the finding that the accused is not mentally fit to stand trial.
 
 
Criminal Law (Mentally Impaired Accused) Act 1996Mental unfitness to stand trial Part 3
Proceedings in courts of summary jurisdiction Division 2s. 16
As at 13 Sep 2017 Version 03-i0-00 page 11 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 
 (4) If proceedings are adjourned under subsection (2)(b), the court must make an order under subsection (5) — 
 (a) if at any time the court is satisfied that the accused will not become mentally fit to stand trial within 6 months after the finding that the accused is not mentally fit; or 
 (b) if at the end of 6 months after the finding that the accused is not mentally fit to stand trial the accused has not become mentally fit. 
 (5) An order under this subsection is an order dismissing the charge without deciding the guilt or otherwise of the accused and either — 
 (a) releasing the accused; or 
 (b) subject to subsection (6), making a custody order in respect of the accused. 
 (6) A custody order must not be made in respect of an accused unless the statutory penalty for the alleged offence is or includes imprisonment and the court is satisfied that a custody order is appropriate having regard to — 
 (a) the strength of the evidence against the accused; 
 (b) the nature of the alleged offence and the alleged 
circumstances of its commission; 
 (c) the accused’s character, antecedents, age, health and mental condition; and 
 (d) the public interest. 
 (7) The court may require a prosecutor to provide copies of 
documents relevant to the factors to be considered under subsection (6). 
 (8) If an order is made under subsection (5), the accused cannot again be charged with or tried for the offence. 
 [Section 16 amended by No. 59 of 2004 s. 141; No. 84 of 2004 s. 80 and 82.]
 
 
Criminal Law (Mentally Impaired Accused) Act 1996Part 3 Mental unfitness to stand trial 
Division 3 Proceedings in the Supreme Court and District Court s. 17page 12 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 
17. Procedure for indictable offences 
 (1) This section applies if the accused is charged with an indictable offence — 
 (a) that must be dealt with on indictment; or 
 (b) that, under section 5 of The Criminal Code or under another written law, the magistrate decides is to be dealt with on indictment. 
 (1a) This section also applies if the accused is charged before the Children’s Court with an indictable offence and has elected to be tried by a judge of the Supreme Court or of the District Court (as the case may be) and a jury. 
 (2) Despite the fact that the accused is mentally unfit to stand trial, the procedure in Part 3 Division 4 of the Criminal Procedure Act 2004 is to be followed and the accused, while not mentally fit, is presumed to plead not guilty to the charge. 
 [Section 17 inserted by No. 4 of 2004 s. 58; amended by No. 59 of 2004 s. 141; No. 84 of 2004 s. 78 and 82.] 
Division 3 — Proceedings in the Supreme Court and District Court 
 [Heading amended by No. 59 of 2004 s. 141.] 
 
18. Application 
 This Division applies if an accused before the Supreme Court or 
the District Court is found to be not mentally fit to stand trial. 
 [Section 18 amended by No. 59 of 2004 s. 141; No. 84 of 2004 
s. 82.] 
 
19. Procedure 
 (1) If the judge who decides that the accused is not mentally fit to 
stand trial —
 
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mental unfitness to stand trial Part 3
Proceedings in the Supreme Court and District Court Division 3
 
s. 19
As at 13 Sep 2017 Version 03-i0-00 page 13 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (a) is satisfied that the accused will not become mentally fit 
to stand trial within 6 months after the finding that the 
accused is not mentally fit, the judge must make an 
order under subsection (4); or 
 (b) is not so satisfied, the judge must adjourn the 
proceedings in order to see whether the accused will 
become mentally fit to stand trial. 
 (2) Proceedings may be adjourned under subsection (1)(b) for any 
period or periods a judge thinks fit but the proceedings must not 
be adjourned for longer than a total period of 6 months after the 
finding that the accused is not mentally fit to stand trial. 
 (3) If proceedings are adjourned under subsection (1)(b), a judge 
must make an order under subsection (4) — 
 (a) if at any time the judge is satisfied that the accused will 
not become mentally fit to stand trial within 6 months 
after the finding that the accused is not mentally fit; or 
 (b) if at the end of 6 months after the finding that the 
accused is not mentally fit to stand trial the accused has 
not become mentally fit. 
 (4) An order under this subsection is an order quashing the 
indictment or, if there is no indictment, dismissing the charge 
and quashing the committal, without deciding the guilt or 
otherwise of the accused and either — 
 (a) releasing the accused; or 
 (b) subject to subsection (5), making a custody order in 
respect of the accused. 
 (5) A custody order must not be made in respect of an accused 
unless the statutory penalty for the alleged offence is or includes 
imprisonment and the judge is satisfied that a custody order is 
appropriate having regard to — 
 (a) the strength of the evidence against the accused; 
 (b) the nature of the alleged offence and the alleged 
circumstances of its commission;
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 3 Mental unfitness to stand trial 
Division 3 Proceedings in the Supreme Court and District Court 
s. 19
page 14 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (c) the accused’s character, antecedents, age, health and 
mental condition; and 
 (d) the public interest. 
 (6) A judge may require a prosecutor to provide copies of 
documents relevant to the factors to be considered under 
subsection (5). 
 
 (7) If an order is made under subsection (4), the accused may be 
indicted or again indicted and tried for the offence. 
 [Section 19 amended by No. 84 of 2004 s. 80 and 82.]
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Accused acquitted on account of unsoundness of mind Part 4
s. 20
As at 13 Sep 2017 Version 03-i0-00 page 15 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
Part 4 — Accused acquitted on account of unsoundness 
of mind 
 [Heading amended by No. 84 of 2004 s. 82.] 
20. Powers of courts of summary jurisdiction 
 If a court of summary jurisdiction finds an accused not guilty of an offence on account of unsoundness of mind the court may make an order under section 22 in respect of the accused. 
 [Section 20 amended by No. 59 of 2004 s. 141; No. 84 of 2004 
s. 78 and 82.] 
21. Powers of superior courts 
 If an accused is acquitted by a superior court or on appeal of an 
offence on account of unsoundness of mind, the court — 
 (a) if the offence is a Schedule 1 offence — must make a 
custody order in respect of the accused; 
 (b) if the offence is not a Schedule 1 offence — may make 
an order under section 22 in respect of the accused. 
 [Section 21 amended by No. 84 of 2004 s. 78; No. 2 of 2008 
s. 60(3).] 
22. Orders that may be made by courts 
 (1) If a court may make an order under this section in respect of an accused, it may — 
 (a) release the accused unconditionally if it considers that it 
is just to do so having regard to — 
 (i) the nature of the offence and the circumstances of its commission; 
 (ii) the accused’s character, antecedents, age, health 
and mental condition; and 
 (iii) the public interest;
 
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 4 Accused acquitted on account of unsoundness of mind 
 
s. 22
page 16 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (b) despite the fact that the accused is not an offender under 
the Sentencing Act 1995, make a conditional release 
order (CRO), a community based order (CBO), or an 
intensive supervision order (ISO) under that Act in 
respect of the accused; or 
 (c) make a custody order in respect of the accused. 
 (2) If an accused is found not guilty of an offence on account of 
unsoundness of mind, a court must not make a CRO, CBO or 
ISO in respect of the accused unless, under the Sentencing 
Act 1995, such an order could have been made in respect of the 
accused had he or she been found guilty of the offence. 
 (3) If a court makes a CRO, CBO or ISO in respect of an 
accused — 
 (a) Part 7, 9 or 10 of the Sentencing Act 1995, as the case 
requires, applies in respect of the order; and 
 (b) Part 18 of the Sentencing Act 1995 applies in respect of 
the order, but for the purposes of — 
 (i) sections 127(2)(b) of that Act; 
 (ii) section 130(1)(a)(iii) and (b) of that Act; and 
 (iii) section 133(1)(a)(iii) and (b) of that Act, 
 if the court cancels the CRO, CBO or ISO the court 
must make a custody order in respect of the accused. 
 [Section 22 amended by No. 84 of 2004 s. 82.]
 
 
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally impaired accused Part 5
Preliminary Division 1
s. 23
As at 13 Sep 2017 Version 03-i0-00 page 17 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
Part 5 — Mentally impaired accused 
 [Heading amended by No. 84 of 2004 s. 82.] 
Division 1 — Preliminary 
23. Terms used 
 In this Part, unless the contrary intention appears — 
declared place means a place declared to be a place for the 
detention of mentally impaired accused by the Governor by an 
order published in the Gazette; 
detention centre has the same definition as in the Young 
Offenders Act 1994; 
mentally impaired accused means an accused in respect of 
whom a custody order has been made and who has not been 
discharged from the order; 
prison has the same definition as in the Prisons Act 1981. 
 [Section 23 amended by No. 84 of 2004 s. 82; No. 25 of 2014 
s. 14.] 
 [Section 23. Modifications to be applied in order to give effect 
to Cross-border Justice Act 2008: section altered 1 Nov 2009. 
See endnote 1M.] 
Division 2 — Place of custody 
24. General effect of custody order 
 (1) A mentally impaired accused is to be detained in an authorised 
hospital, a declared place, a detention centre or a prison, as 
determined by the Board, until released by an order of the 
Governor. 
 (2) A mentally impaired accused is not to be detained in an 
authorised hospital unless the accused has a mental illness that 
is capable of being treated.
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 5 Mentally impaired accused 
Division 2 Place of custody 
s. 24
page 18 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (3) A mentally impaired accused should be detained in an authorised hospital only if the Board is satisfied — 
 (a) the accused has a mental illness requiring treatment; 
 (b) that, because of the mental illness, there is — 
 (i) a significant risk to the health or safety of the 
accused or to the safety of another person; or 
 (ii) a significant risk of serious harm to the accused 
or to another person; 
 and 
 (c) the accused does not have the capacity to consent to 
treatment; and 
 (d) the treatment can only be provided satisfactorily in an authorised hospital. 
 (4) Subsection (3) is a directory provision. 
 (5A) A mentally impaired accused is not to be detained in a declared .place that is established by the Disability Services Commission 
under the Disability Services Act 1993 (a DSC declared place)  unless the Board — 
 (a) is satisfied that the accused is a person with disability as defined in the Disability Services Act 1993 section 3 and 
the predominant reason for the disability is not mental 
illness; and 
 (b) is satisfied that the accused has reached 16 years of age; .and 
 (c) has regard to the degree of risk that the accused’s 
detention in the declared place appears to present to the 
personal safety of people in the community or of any 
individual in the community. 
 
 (5B) The Board may determine that a mentally impaired accused be detained in a DSC declared place only if the member referred to in section 42(1)(bb) is present at the meeting at which the custody order is made
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally impaired accused Part 5
Place of custody Division 2
s. 25
As at 13 Sep 2017 Version 03-i0-00 page 19 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (5C) Despite subsection (1), even if the Board determines that a 
mentally impaired accused should be detained in a DSC 
declared place, the accused is not to be detained in a DSC 
declared place without the consent of the Minister to whom the 
Disability Services Act 1993 is for the time being committed. 
 (5) A mentally impaired accused is not to be detained in a detention 
centre unless the accused is under 18. 
 [Section 24 amended by No. 84 of 2004 s. 82; No. 25 of 2014 
s. 15; No. 4 of 2015 s. 66.] 
25. Place of custody to be determined within 5 days of order 
 (1) Within 5 working days after the custody order in respect of a 
mentally impaired accused is made, the Board is to — 
 (a) review the case of the accused; and 
 (b) subject to section 24, determine the place where the 
accused is to be detained. 
 (2) Until the Board determines the place where the accused is to be 
detained, the accused is to be detained — 
 (a) if when the custody order is made the accused is in an 
authorised hospital having been admitted, whether as an 
involuntary inpatient or otherwise — in an authorised 
hospital; 
 (b) in any other case — in a prison or a detention centre. 
 (3) Where subsection (2)(a) applies the accused — 
 (a) if admitted to the authorised hospital as an involuntary 
inpatient — is not entitled to be released from the 
hospital under the Mental Health Act 2014 Part 7 
Division 4 or to be granted leave of absence under Part 7 
Division 6 of that Act; or 
 (b) if admitted to the authorised hospital in any other 
circumstances — is not entitled to be released from the 
hospital
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 5 Mentally impaired accused 
Division 3 Leave of absence  s. 26
page 20 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 [Section 25 amended by No. 84 of 2004 s. 82; No. 25 of 2014 
s. 16.] 
 [Section 25. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] 
26. Place of custody may be changed 
 The Board may at any time amend its determination as to the place where a mentally impaired accused is to be detained. 
 [Section 26 amended by No. 84 of 2004 s. 82.] 
 [Section 26. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. 
See endnote 1M.] 
Division 3 — Leave of absence 
27. Governor may permit Board to allow leave of absence 
 (1) The Board may at any time recommend to the Minister that the Governor be advised to make an order allowing the Board to grant leave of absence to a mentally impaired accused. 
 (2) The Governor may at any time — 
 (a) make an order allowing the Board to grant leave of absence to a mentally impaired accused; 
 (b) cancel an order made under paragraph (a). 
 [Section 27 amended by No. 84 of 2004 s. 82.] 
28. If allowed, Board may grant leave of absence 
 (1) If an order under section 27(2) is in effect, the Board may at any time make a leave of absence order in respect of a mentally  impaired accused.
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 5 Mentally impaired accused 
Division 3 Leave of absence 
s. 26
page 20 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 [Section 25 amended by No. 84 of 2004 s. 82; No. 25 of 2014 
s. 16.] 
 [Section 25. Modifications to be applied in order to give effect 
to Cross-border Justice Act 2008: section altered 1 Nov 2009. 
See endnote 1M.] 
26. Place of custody may be changed 
 The Board may at any time amend its determination as to the 
place where a mentally impaired accused is to be detained. 
 [Section 26 amended by No. 84 of 2004 s. 82.] 
 [Section 26. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. 
See endnote 1M.] 
Division 3 — Leave of absence 
27. Governor may permit Board to allow leave of absence 
 (1) The Board may at any time recommend to the Minister that the Governor be advised to make an order allowing the Board to grant leave of absence to a mentally impaired accused. 
 (2) The Governor may at any time — 
 (a) make an order allowing the Board to grant leave of absence to a mentally impaired accused; 
 (b) cancel an order made under paragraph (a). 
 [Section 27 amended by No. 84 of 2004 s. 82.] 
 
28. If allowed, Board may grant leave of absence 
 (1) If an order under section 27(2) is in effect, the Board may at any 9time make a leave of absence order in respect of a mentally impaired accused.
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally impaired accused Part 5
Leave of absence Division 3
s. 29
As at 13 Sep 2017 Version 03-i0-00 page 21 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (2) A leave of absence order is an order that the accused be given 
leave of absence for a period, not exceeding 14 days at any one 
time, determined by the Board — 
 (a) unconditionally; or 
 (b) on conditions determined by the Board. 
 (3) Before making a leave of absence order, the Board is to have regard to — 
 (a) the degree of risk that the release of the accused appears to present to the personal safety of people in the community or of any individual in the community; and 
 (b) the likelihood that, if given leave of absence on conditions, the accused would comply with the conditions. 
 (4) Without limiting the kinds of conditions that may be included in a leave of absence order, the order may include a condition that the mentally impaired accused — 
 (a) undergoes specified treatment or training or other measures that alleviate or prevent the deterioration of the accused’s condition; 
 (b) resides at a specified place; 
 (c) complies with the lawful directions of a supervising officer designated under section 45. 
 [Section 28 amended by No. 84 of 2004 s. 82.] 
 [Section 28. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. 
See endnote 1M.] 
29. Board may cancel leave of absence 
 The Board may at any time cancel a leave of absence order. 
30. Status of mentally impaired accused on leave of absence 
 A mentally impaired accused who is away from a place of detention on leave of absence is considered to continue to be detained at the place during the time while on leave, but this section does not limit the freedom of movement given by the leave of absence. 
 [Section 30 amended by No. 84 of 2004 s. 82.] 
31. Absence without leave 
 (1) A mentally impaired accused is absent without leave if the accused — 
 (a) is away from a place of detention without having been given leave of absence; or 
 (b) having been away from a place of detention on leave of absence, fails to return to the place, or another place to which the person has been transferred, when the leave expires or is cancelled. 
 (2) A mentally impaired accused who is absent without leave commits an offence. 
 Penalty: 12 months imprisonment or a fine of $12 000. 
 (3) A mentally impaired accused who is absent without leave may be apprehended by — 
 (a) a person qualified as prescribed by the regulations who is employed at the place from which the person is 
absent; 
 (b) a person qualified as prescribed by the regulations who, although not employed at the place, is authorised by a person qualified as prescribed who is employed at the place; or 
 (c) a police officer. 
 (4) A person apprehending a mentally impaired accused under subsection (3) shall as soon as practicable take the accused to the place from which the accused is absent. 
 [Section 31 amended by No. 84 of 2004 s. 82; No. 25 of 2014 s. 17.]
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally impaired accused Part 5
Reports about mentally impaired accused Division 4
s. 32
As at 13 Sep 2017 Version 03-i0-00 page 23 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
32. Other Acts do not apply 
 (1) The Mental Health Act 2014 Part 7 Divisions 5 and 6 do not apply in relation to the absence from an authorised hospital of a mentally impaired accused. 
 (2) Part VIII of the Prisons Act 1981 does not apply in relation to absence from a prison of a mentally impaired accused unless the reason for the absence is — 
 (a) the facilitation of the provision of medical or health services to the accused; or 
 (b) the furthering of the interests of justice. 
 [Section 32 amended by No. 84 of 2004 s. 82; No. 65 of 2006 
s. 60; No. 25 of 2014 s. 18.] 
 [Section 32. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section replaced 1 Nov 2009. 
See endnote 1M.] 
Division 4 — Reports about mentally impaired accused 
 [Heading amended by No. 84 of 2004 s. 82.] 
33. Reports to Minister 
 (1) At any time the Minister, in writing, may request the Board to report about a mentally impaired accused. 
 (2) The Board must give the Minister a written report about a mentally impaired accused — 
 (a) within 8 weeks after the custody order was made in respect of the accused; 
 (b) whenever it gets a written request to do so from the Minister; 
 (c) whenever it thinks there are special circumstances which justify doing so; and 
 (d) in any event at least once in every year.
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 5 Mentally impaired accused 
Division 4 Reports about mentally impaired accused 
s. 33
page 24 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (3) A report made under subsection (2) must recommend whether or not the Governor should be advised to release the mentally 
impaired accused. 
 (4) If the release of a mentally impaired accused is recommended, the report must — 
 (a) report on the factors in subsection (5); and 
 (b) recommend any conditions that should apply to the accused’s release. 
 (5) In deciding whether to recommend the release of a mentally impaired accused, the Board is to have regard to these factors — 
 (a) the degree of risk that the release of the accused appears to present to the personal safety of people in the  community or of any individual in the community; 
 (b) the likelihood that, if released on conditions, the accused would comply with the conditions; 
 (c) the extent to which the accused’s mental impairment, if any, might benefit from treatment, training or any other 
measure; 
 (d) the likelihood that, if released, the accused would be able to take care of his or her day to day needs, obtain any appropriate treatment and resist serious exploitation; 
 (e) the objective of imposing the least restriction of the freedom of choice and movement of the accused that is consistent with the need to protect the health or safety of the accused or any other person; 
 (f) any statement received from a victim of the alleged offence in respect of which the accused is in custody. 
 (6) In this section — 
victim of an alleged offence, means — 
 (a) a person who has suffered injury, loss or damage as a direct result of the alleged offence, whether or not that 
injury, loss or damage was reasonably foreseeable by the alleged offender; or
  
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally impaired accused Part 5
Releasing mentally impaired accused Division 5 s. 34
As at 13 Sep 2017 Version 03-i0-00 page 25 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (b) where the alleged offence results in a death, any member of the immediate family of the deceased. 
 [Section 33 amended by No. 84 of 2004 s. 82; No. 41 of 2006 s. 81.] 
34. Reports to be given to accused, Police and DPP 
 (1) As soon as practicable the Board is to give a copy of any report made under section 33 to the mentally impaired accused 
concerned and on request to the accused’s lawyer or guardian. 
 (2) If in a report made under section 33 the Board recommends that the Governor should be advised to release a mentally impaired sccused, the Board, as soon as practicable, is to give a copy of 
the report to — 
 (a) the Commissioner of Police; and 
 (b) the Director of Public Prosecutions. 
 [Section 34 amended by No. 84 of 2004 s. 82.] 
Division 5 — Releasing mentally impaired accused 
 [Heading amended by No. 84 of 2004 s. 82.] 
35. Governor may release mentally impaired accused 
 (1) The Governor may at any time order that a mentally impaired accused be released by making a release order. 
 (2) A release order is an order that on a release date specified in the order the accused is to be released — 
 (a) unconditionally; or 
 (b) on conditions determined by the Governor. 
 (3) If a mentally impaired accused is released on conditions — 
 (a) the conditions may be ordered to apply indefinitely or for a set period determined by the Governor; and 
 (b) the Governor may by a subsequent order amend or cancel any or all of the condition
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 5 Mentally impaired accused 
Division 5 Releasing mentally impaired accused 
s. 36
page 26 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (4) Without limiting the kinds of conditions that may be included in a release order, the order may include a condition that the mentally impaired accused — 
 (a) undergoes specified treatment or training or other measures that alleviate or prevent the deterioration of the accused’s condition; 
 (b) resides at a specified place; 
 (c) complies with the lawful directions of a supervising officer designated under section 45. 
 (5) An accused is to be released in accordance with a release order unless at the release date he or she is by law required to be kept in custody in respect of another matter. 
 [Section 35 amended by No. 84 of 2004 s. 82.] 
 [Section 35. Modifications to be applied in order to give effect 
to Cross-border Justice Act 2008: section altered 1 Nov 2009. 
See endnote 1M.] 
36. Order to be given to accused, Police and DPP 
 As soon as practicable, the Board is to give a copy of a release order to — 
 (a) the accused and on request the accused’s lawyer or guardian; 
 (b) the Commissioner of Police; and 
 (c) the Director of Public Prosecutions. 
 [Section 36 amended by No. 84 of 2004 s. 82.] 
37. Breach of conditions of release 
 (1) If a mentally impaired accused breaches a condition in the release order made in respect of the accused, the Board may cancel the order.
 
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally impaired accused Part 5
Miscellaneous Division 6
s. 38
As at 13 Sep 2017 Version 03-i0-00 page 27 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (2) If a release order is cancelled — 
 (a) the custody order that applied to the accused when the accused was released is again in force and the accused may be arrested and detained under the custody order; 
and 
 (b) despite paragraph (a) the Board may issue a warrant for the arrest of the accused. 
 (3) On the arrest of a mentally impaired accused who has breached a condition of the accused’s release, this Part has effect as if the custody order in respect of the accused had been made at the time of the arrest. 
 [Section 37 amended by No. 84 of 2004 s. 82.] 
Division 6 — Miscellaneous 
38. When discharge occurs 
 (1) A mentally impaired accused remains subject to the custody order until discharged from it. 
 (2) A mentally impaired accused is discharged from the custody order — 
 (a) if released unconditionally under a release order — when released; 
 (b) if released on conditions under a release order — when the conditions cease to apply if they cease to apply. 
 [Section 38 amended by No. 84 of 2004 s. 82.] 
39. Released mentally impaired accused may be made 
involuntary patient 
 This Part does not prevent a mentally impaired accused who has been released on conditions from being made an involuntary patient at any time or being detained as an involuntary patient at sny time. 
 [Section 39 amended by No. 84 of 2004 s. 82.]
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 5 Mentally impaired accused 
Division 6 Miscellaneous 
s. 40
page 28 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
40. Board may require examination etc. 
 (1) For the purpose of performing its functions the Board may — 
 (a) require a mentally impaired accused to be examined by a psychiatrist or other appropriate expert; 
 (b) require a psychiatrist or other appropriate expert to prepare and submit a report to the Board; 
 (c) require a mentally impaired accused to appear before the Board. 
 (2) For the purposes of subsection (1)(c), the Board may issue a warrant to have the accused arrested and brought before the Board. 
 [Section 40 amended by No. 84 of 2004 s. 82.]
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally Impaired Accused Review Board Part 6
s. 41
As at 13 Sep 2017 Version 03-i0-00 page 29 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
Part 6 — Mentally Impaired Accused Review Board 
 [Heading amended by No. 84 of 2004 s. 82.] 
41. Board established 
 A board called the Mentally Impaired Accused Review Board is established. 
 [Section 41 amended by No. 84 of 2004 s. 82.] 
42. Members 
 (1) The members of the Board are as follows — 
 (a) the person who is the chairperson of the Prisoners 
Review Board appointed under section 103(1)(a) of the 
Sentence Administration Act 2003; 
 (ba) a deputy chairperson, to be nominated by the Minister and appointed by the Governor; 
 (bb) a person who, under the Disability Services Act 1993section 9 or 10, works for the Disability Services Commission, appointed by the Commission; 
 (b) the persons who are community members of the Prisoners Review Board appointed under section 103(1)(c) of the Sentence Administration 
Act 2003; 
 (c) a psychiatrist appointed by the Governor; 
 (d) a psychologist appointed by the Governor. 
 (2) The Governor may appoint a psychiatrist to be the deputy of the psychiatrist appointed to the Board and a psychologist to be the deputy ofthe psychologist. 
 (3) The person referred to in subsection (1)(a) is the chairperson of the Board. 
 (4A) The Minister must not nominate a person as a deputy chairperson unless the person has, in the Minister’s opinion, extensive or special knowledge of matters involved in the performance of the Board’s functions.
 
 
.................
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally impaired accused Part 5
Miscellaneous Division 6
s. 38
As at 13 Sep 2017 Version 03-i0-00 page 27 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 
 (2) If a release order is cancelled — 
 (a) the custody order that applied to the accused when the accused was released is again in force and the accused may be arrested and detained under the custody order; and 
 (b) despite paragraph (a) the Board may issue a warrant for the arrest of the accused. 
 (3) On the arrest of a mentally impaired accused who has breached a condition of the accused’s release, this Part has effect as if the 
custody order in respect of the accused had been made at the time of the arrest. 
 [Section 37 amended by No. 84 of 2004 s. 82.] 
Division 6 — Miscellaneous 
38. When discharge occurs 
 (1) A mentally impaired accused remains subject to the custody order until discharged from it. 
 (2) A mentally impaired accused is discharged from the custody order — 
 (a) if released unconditionally under a release order — 
when released; 
 (b) if released on conditions under a release order — when the conditions cease to apply if they cease to apply. 
 [Section 38 amended by No. 84 of 2004 s. 82.] 
39. Released mentally impaired accused may be made 
involuntary patient 
 This Part does not prevent a mentally impaired accused who has 
been released on conditions from being made an involuntary 
patient at any time or being detained as an involuntary patient at 
any time. 
 [Section 39 amended by No. 84 of 2004 s. 82.]
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 6 Mentally Impaired Accused Review Board 
 
s. 42A
page 30 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 (4B) The deputy chairperson must perform the functions of the chairperson — 
 (a) when the chairperson is unable to act because of illness, absence or other cause; or 
 (b) during any vacancy in the office of chairperson. 
 (4C) The member of the Board referred to in subsection (1)(bb) is a member only while the person works for the Disability Services 
Commission under the Disability Services Act 1993 section 9 or 10. 
 (4) Those members of the Board who are also members of the Prisoners Review Board are members of the Board only while they are members of the Prisoners Review Board. 
 (5) Schedule 1 to the Sentence Administration Act 2003 (other than clause 5) applies in respect of the deputy chairperson, the  psychiatrist and the psychologist appointed as members of the Board as if they were members of the Prisoners Review Board appointed by the Governor. 
 [Section 42 inserted by No. 41 of 2006 s. 82; amended by No. 4 
of 2015 s. 67.] 
42A. Meetings 
 At a meeting of the Board — 
 (a) the chairperson and 2 other members of the Board constitute a quorum; and 
 (b) clause 5 (other than subclause (2)) of Schedule 1 to the Sentence Administration Act 2003 otherwise applies. 
 [Section 42A inserted by No. 41 of 2006 s. 82.] 
43. Registrar and staff 
 (1) The registrar of the Prisoners Review Board appointed under 
section 104A of the Sentence Administration Act 2003 is also the registrar of the Board.
 
(2) Any other Prisoners Review Board staff referred to in 
section 104A of the Sentence Administration Act 2003 are also the staff of the Board. 
 [Section 43 inserted by No. 41 of 2006 s. 83.] 
44. Functions 
 (1) The functions of the Board are set out in Part 5 and this Part. 
 (2) The Board may do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions. 
 
45. Supervising officers 
 (1) The Board may designate a person to be a supervising officer. 
 (2) The functions of a supervising officer are — 
 (a) at the direction of the Board to supervise mentally 
impaired accused — 
 (i) who are given leave of absence on conditions; or 
 (ii) who are released on conditions; 
 and 
 (b) to report to the Board about such accused in accordance with the Board’s directions. 
 (3) The Board may make arrangements with any person or a department of the Public Service or any statutory authority for 
the purpose of or in connection with designating a person to be a supervising officer. 
 (4) A person may be designated to be a supervising officer for a fixed or indefinite period. 
 (5) The Board may at any time cancel the designation of a person as s supervising officer. 
 [Section 45 amended by No. 84 of 2004 s. 82.]
 
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 6 Mentally Impaired Accused Review Board 
 
s. 46
page 32 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 
 [Section 45. Modifications to be applied in order to give effect 
to Cross-border Justice Act 2008: section altered 1 Nov 2009. 
See endnote 1M.] 
46. Decisions, orders and warrants 
 (1) A decision by the Board to — 
 (a) cancel a leave of absence order or a release order; or 
 (b) issue a warrant under this Act,  may be made — 
 (c) by the chairperson and — 
 (i) the psychiatrist; or 
 (ii) if the psychiatrist is absent, the psychiatrist’s deputy; 
 or 
 (d) by the chairperson, the psychiatrist or the psychiatrist’s deputy and another member. 
 (2) An order giving effect to a decision of the Board is to be signed 
by 2 members of the Board. 
 (3) A warrant issued by the Board to have a person arrested must be 
signed by — 
 (a) 2 members of the Board; or 
 (b) the chairperson of the Board if he or she is a judge of the Supreme Court or the District Court. 
 [Section 46 amended by No. 10 of 1998 s. 26; No. 41 of 2006 
s. 84.] 
47. Judicial notice of appointment and signature 
 (1) Judicial notice must be taken of — 
 (a) the fact that a person is or was a member or the secretary of the Board; and 
 (b) the official signature of such a person.
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Mentally Impaired Accused Review Board Part 6
s. 48
As at 13 Sep 2017 Version 03-i0-00 page 33 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
 (2) Evidence of a decision or order of the Board may be given by producing a copy of the decision or order certified by the secretary of the Board as a true copy. 
48. Annual report to Minister 
 Before 1 October in each year, the Board is to give a written report to the Minister on — 
 (a) the performance of the Board’s functions during the 
previous financial year; 
 (b) statistics and matters relating to mentally impaired accused; and 
 (c) the operation of this Act so far as it relates to mentally impaired accused. 
 [Section 48 amended by No. 84 of 2004 s. 82.]
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Part 7 Miscellaneous 
 
s. 49
page 34 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
Part 7 — Miscellaneous 
49. Issue and execution of warrants 
 (1) If this Act empowers a person to issue a warrant to have a person arrested, the warrant must be in the prescribed form and such a warrant has effect according to its wording. 
 (2) In the absence of evidence to the contrary, it is to be presumed that — 
 (a) the person who issued the warrant is empowered to do so; and 
 (b) the signature on the warrant is that of the person who issued it. 
 (3) A person to whom the warrant is directed must give effect to it as soon as practicable. 
 (4) The warrant itself is sufficient authority to the person to whom 
it is directed to arrest the person concerned and to hold the person in custody for the purposes of taking him or her, as soon as practicable, to the place specified in the warrant. 
 (5) For the purposes of arresting a person under the warrant, the person to whom it is directed — 
 (a) may stop any aircraft, train, vehicle or vessel in which the person is or is reasonably suspected to be by the person to whom the warrant is directed; and 
 (b) may enter any place where the person is or is reasonably suspected to be by the person to whom the warrant is directed. 
 [Section 49. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. 
See endnote 1M.]
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Miscellaneous Part 7
s. 50A
As at 13 Sep 2017 Version 03-i0-00 page 35 
 Extract from www.slp.wa.gov.au, see that website for further information 
50A. Protection from personal liability 
 (1) In this section, a reference to the doing of anything includes a reference to the omission to do anything. 
 (2) An action in tort does not lie against a person for anything that the person has done, in good faith — 
 (a) when performing or purporting to perform a function 
under this Act; or 
 (b) in assisting a person to perform or purportedly perform a 
function under this Act. 
 (3) The protection given by subsection (2) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted. 
 (4) Despite subsection (2), the State is not relieved of any liability that it might have for another person having done something as 
described in that subsection. 
 [Section 50A inserted by No. 4 of 2015 s. 68.] 
50. Regulations 
 The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to this Act.
 
 Extract from www.slp.wa.gov.au, see that website for further information 
Enactment Description of offence 
 
Criminal Law (Mentally Impaired Accused) Act 1996
Schedule 1 Offences for which a custody order must be made  
page 36 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
Schedule 1 — Offences for which a custody order 
must be made 
[Section 3] 
Enactment Description of offence 
1. The Criminal Code
 s. 279 Murder 
 s. 280 Manslaughter 
 s. 281 Unlawful assault causing death 
 s. 283 Attempt to murder 
 s. 292 Disabling in order to commit indictable 
offence etc. 
 s. 294 Acts intended to cause grievous bodily 
harm or to resist or prevent arrest 
 s. 297 Grievous bodily harm 
 s. 301 Wounding and similar acts 
 s. 304(2) Acts or omissions, with intent to harm, 
causing bodily harm or danger 
 s. 317 Assaults occasioning bodily harm 
 s. 317A Assaults with intent 
 s. 318 Serious assaults 
 s. 323 Indecent assault 
 s. 324 Aggravated indecent assault 
 s. 325 Sexual penetration without consent 
 s. 326 Aggravated sexual penetration without 
consent 
 s. 327 Sexual coercion 
 s. 328 Aggravated sexual coercion 
 s. 330 Incapable person: sexual offences against 
 s. 331B Sexual servitude
  
 s. 331C Conducting business involving sexual servitude 
 s. 331D Deceptive recruiting for commercial sexual services 
 s. 332 Kidnapping 
 s. 333 Deprivation of liberty 
 s. 338E(1)(a) Stalking committed in circumstances of 
aggravation 
 s. 378(2) Stealing a motor vehicle, aggravated by 
reckless or dangerous driving 
 s. 392 Robbery 
 s. 393 Assault with intent to rob 
 s. 444 Criminal damage 
2. Bush Fires Act 1954
 s. 32 Wilfully lighting a fire or causing a fire to be lit under such circumstances as to be likely to injure or damage a person or property 
3. Road Traffic Act 1974
 s. 59 Dangerous driving causing death, injury 
etc. 
 [Schedule 1 amended by No. 38 of 1998 s. 4(3); No. 23 of 2001 
s. 10(2); No. 4 of 2004 s. 24 and 26; No. 29 of 2008 s. 29; No. 6 of 
2017 s. 5(2).]
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
 
 
page 38 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
 
Notes 1
 This is a compilation of the Criminal Law (Mentally Impaired Accused) Act 1996and includes the amendments made by the other written laws referred to in the following table 1M.
 The table also contains information about any reprint. 
Compilation table 
Short title Number 
and year 
Assent Commencement Criminal Law (Mentally Impaired Defendants) Act 1996 2 
70 of 1996 13 Nov 1996 13 Nov 1997 (see s. 2) 
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 26 
10 of 1998 30 Apr 1998 30 Apr 1998 (see s. 2(1)) 
Criminal Law Amendment Act (No. 1) 1998 s. 4(3) 38 of 1998 25 Sep 1998 23 Oct 1998 
Criminal Law Amendment Act 2001 s. 10(2)
23 of 2001 26 Nov 2001 24 Dec 2001 
Reprint of the Criminal Law (Mentally Impaired Defendants) Act 1996 as at 21 Jun 2002 
(includes amendments listed above) 
Criminal Law (Procedure) 
Amendment Act 2002 Pt. 4 Div. 3 
27 of 2002 25 Sep 2002 27 Sep 2002 (see s. 2 and Gazette 27 Sep 2002 p. 4875) 
Sentencing Legislation 
Amendment and Repeal 
Act 2003 s. 29(3)
50 of 2003 9 Jul 2003 31 Aug 2003 (see s. 2 and Gazette 29 Aug 2003 p. 3833) 
Criminal Code Amendment Act 2004 s. 24, 26 and 58
4 of 2004 23 Apr 2004 21 May 2004 (see s. 2) 
Courts Legislation 
Amendment and Repeal 
Act 2004 s. 141
59 of 2004 23 Nov 2004 1 May 2005 (see s. 2 and 
Gazette 31 Dec 2004 p. 7128) 
Criminal Procedure and 
Appeals (Consequential and Other Provisions) 
Act 2004 s. 78, 80, 82 and 84
84 of 2004 16 Dec 2004 2 May 2005 (see s. 2 and 
Gazette 31 Dec 2004 p. 7129 
(correction in Gazette7 Jan 2005 p. 53)) 
Reprint 2: The Criminal Law (Mentally Impaired Accused) Act 1996 as at 12 Aug 2005 
(includes amendments listed above)
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
As at 13 Sep 2017 Version 03-i0-00 page 39 
 Extract from www.slp.wa.gov.au, see that website for further information 
Short title Number 
and year 
Assent Commencement 
Parole and Sentencing 
Legislation Amendment 
Act 2006 Pt. 4
41 of 2006 22 Sep 2006 28 Jan 2007 (see s. 2(1) and 
Gazette 29 Dec 2006 p. 5867) 
Prisons and Sentencing 
Legislation Amendment 
Act 2006 Pt. 7 
65 of 2006 8 Dec 2006 4 Apr 2007 (see s. 2 and Gazette
3 Apr 2007 p. 1491) 
Criminal Law and Evidence 
Amendment Act 2008 s. 60 
2 of 2008 12 Mar 2008 27 Apr 2008 (see s. 2 and 
Gazette 24 Apr 2008 p. 1559) 
Criminal Law Amendment 
(Homicide) Act 2008 s. 29 
29 of 2008 27 Jun 2008 1 Aug 2008 (see s. 2(d) and 
Gazette 22 Jul 2008 p. 3353) 
Reprint 3: The Criminal Law (Mentally Impaired Accused) Act 1996 as at 17 Apr 2009 
(includes amendments listed above) 
Courts and Tribunals 
(Electronic Processes 
Facilitation) Act 2013 Pt. 3 
Div. 7
20 of 2013 4 Nov 2013 25 Nov 2013 (see s. 2(b) and 
Gazette 22 Nov 2013 p. 5391) 
Mental Health Legislation 
Amendment Act 2014 Pt. 4 
Div. 1
25 of 2014 3 Nov 2014 30 Nov 2015 (see s. 2(b) and 
Gazette 13 Nov 2015 p. 4632) 
Declared Places (Mentally 
Impaired Accused) 
Act 2015 Pt. 12 Div. 1
4 of 2015 3 Mar 2015 17 Jun 2015 (see s. 2(b) and 
Gazette 16 Jun 2015 p. 2071) 
Statutes (Minor 
Amendments) Act 2017 s. 5
6 of 2017 12 Sep 2017 13 Sep 2017 (see s. 2(b))
1M Under the Cross-border Justice Act 2008 section 14, in order to give effect to that 
Act, this Act must be applied with the modifications prescribed by the Cross-border Justice Regulations 2009 Part 3 Division 9 as if this Act had been altered in that way. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified 
by the superscript 1M appearing after the defined term.
2 Now known as the Criminal Law (Mentally Impaired Accused) Act 1996; short title changed (see note under s. 1).
 
 
 
Criminal Law (Mentally Impaired Accused) Act 1996
 
 
Defined terms 
page 40 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
Defined terms 
[This is a list of terms defined and the provisions where they are defined. 
The list is not part of the law.] 
Defined term Provision(s) 
accused 
 
Criminal Law (Mentally Impaired Accused) Act 1996
 
 
Defined terms 
page 40 Version 03-i0-00 As at 13 Sep 2017 
 Extract from www.slp.wa.gov.au, see that website for further information 
Defined terms 
[This is a list of terms defined and the provisions where they are defined. 
The list is not part of the law.] 
Defined term Provision(s) 
accused .................................................................................................................. 3 
authorised hospital ................................................................................................ 3 
Board .................................................................................................................... 3 
custody order ........................................................................................................ 3 
declared place ..................................................................................................... 23 
detention centre ................................................................................................... 23 
DSC declared place ..................................................................................... 24(5A) 
involuntary inpatient ............................................................................................. 3 
involuntary patient ................................................................................................ 3 
mental illness .................................................................................................... 3, 8 
mental impairment ................................................................................................ 8 
mentally impaired accused .................................................................................. 23 
prison .................................................................................................................. 23 
psychiatrist ..................................................................... 3 
psychologist ................................................................... 3 
Schedule 1 offence ....................................................... 3 
statutory penalty .......................................................... 3 
trial .................................................................................. 8 
victim ......................................................................... 33(6)
 
 
 
 
 
 
 
 
.................................................................................................................. 3 
authorised hospital ................................................................................................ 3 
Board .................................................................................................................... 3 
custody order ........................................................................................................ 3 
declared place ..................................................................................................... 23 
detention centre ................................................................................................... 23 
DSC declared place ..................................................................................... 24(5A) 
involuntary inpatient ............................................................................................. 3 
involuntary patient ................................................................................................ 3 
mental illness .................................................................................................... 3, 8 
mental impairment ................................................................................................ 8 
mentally impaired accused .................................................................................. 23 
prison .................................................................................................................. 23 
psychiatrist ............................................................................................................ 3 
psychologist .......................................................................................................... 3 
Schedule 1 offence ................................................................................................ 3 
statutory penalty .................................................................................................... 3
victim ............................................................................................................. 33(6)
 
https://www.abc.net.au/news/2022-05-17/mentally-impaired-custody-reforms-go-unfulfilled-by-mark-mcgowan/101061754
 

Mark McGowan's promise to stop jailing mentally impaired people indefinitely still unfulfilled

 / By Alicia Bridges
Posted Tue 17 May 2022 at 1:34amTuesday 17 May 2022 at 1:34am, updated Tue 17 May 2022 at 3:51amTuesday 17 May 2022 at 3:51am
Dark silhouetted photo of a man and a woman looking out a window, taken from behind.
John and Susan say fighting for their son's release has taken over their lives.(ABC Radio Perth: Alicia Bridges)John and Susan's son has been in jail for four years, but not because he was convicted of a crime.

He is in custody under a controversial law the West Australian government promised to reform urgently in 2016, but six years later it remains unchanged.

Thomas, 49, who has an acquired brain injury from birth, was accused of a series of offences but deemed unfit to plead or stand trial due to cognitive impairment.

Under the Mentally Impaired Accused Act, Thomas and others who are considered to be "mentally impaired" can be held in custody indefinitely at the attorney-general's discretion.

John and Susan, who are using pseudonyms for privacy reasons, say the fight to have their son released, or at least held in custody somewhere other than a jail, has taken over their lives.

"It's been a nightmare," John said.

"We are collateral damage.

"The lives of families can be destroyed by this."

John and Susan are among several families in WA whose relatives remain in custody under the Act, which mental health groups have been fighting to change for a decade.

McGowan government promised reforms

In 2016, a year before his government was elected, Mark McGowan promised to reform the legislation within one year of gaining power.

"Our justice system is designed to protect the community and, while this is paramount, vulnerable members of the community need to have access to natural justice, fairness and the treatment they require," Mr McGowan said at the time.

"WA Labor's reforms are urgently needed."

A man with short hair and a blue jacket delivers a speech at a lectern
Mark McGowan promised in 2016 to reform the law within a year if elected.(ABC News: James Carmody)

But more than five years after coming into power in 2017 the reforms have not been made, prompting concern from families and criticism from Western Australian Association of Mental Health (WAAMH) chief executive Taryn Harvey.

She said the legislation was drafted in 2019.

"How are we three years later, and we haven't yet even got a piece of legislation to parliament to take it through the processes?" she said.

The government's failure to act means there are still no limits on the amount of time a person can stay in custody, and constraints remain on the circumstances in which judges can order community-based custody.

It also means there are fewer avenues of appeal than for those who are fit to stand trial, and fewer opportunities for their custody status to be reviewed.

As a result, people who are deemed mentally unfit to stand trial under the Act can remain in custody longer than they would have if found guilty of the crime.

The Mentally Impaired Accused Review Board, an arm of the Prisoners Review Board that is led by a judge, can recommend a person be released but it is up to the attorney-general, with sign-off from the governor, whether that recommendation is followed.

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Pressure to change law

Pressure to change the Mentally Impaired Accused Act came after the high-profile case of intellectually disabled man Marlon Noble, who was held in jail for more than a decade despite having never been tried or convicted of a crime because he was deemed unfit to plead.

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In 2016, the United Nations found that the WA government had breached its responsibilities under the UN Convention on the Rights of Persons with Disabilities, and it recommended law reform.

In the same year, a WA government review of the Act also recommended changes but did not call for an end to indefinite detention.

A state government spokesperson said the government still considered changing the law a priority because it was in "desperate need of reform".

"However, it is not simply a matter of amending the legislation," the spokesperson said.

"The management of persons with mental impairment in the justice system is a very complex issue, requiring a careful balance of human rights, the administration of justice and the protection of the community.

"Alongside the legislative reforms, a broader body of work is required across government to ensure WA's new criminal law mental impairment framework can operate effectively. This work is progressing."

But Ms Harvey from the WA Association of Mental Health, which publicly applauded Mr McGowan and WA Labor for its 2016 commitment to reform, questioned the explanation for the delay.

 
Taryn Harvey says the government has had "ample" time to prepare draft changes to the law.(ABC News: Briana Shepherd)

"I think the government's had ample time to do the work of preparing that draft and preparing the service delivery issues that need to be nutted out," she said

Ms Harvey, who has worked closely with people in custody under the Act, said she had witnessed the terrible impact being held in custody without a release date had on people.

"We've seen cases where people have done everything that they've been asked to do and because there's no limit to the term, they lose any hope that their situation is going to change."

Call for equal rights for mentally impaired  

Ms Harvey said the proposed changes were about ensuring people with mental impairment had the same rights, and avenues to appeal, as those who did not.

"There really is no accountability or transparency around these decisions and that information is hidden from people," she said.

Susan and John said they had faced roadblocks at every attempt to advocate for their son, who had been in custody since 2017 after being deemed unfit to stand trial for a series of charges relating to an incident at the Graylands psychiatric hospital.

It was alleged Thomas threatened to kill a person, was in possession of cannabis and methamphetamine, along with accusations of criminal damage, stealing and burglary.

Close up of hand turning a white page.
John and Susan have countless papers that document their advocacy work for Thomas. (ABC Radio Perth: Alicia Bridges)

Susan and John have unsuccessfully fought to have Thomas sent to the Bennett Brook Disability Justice Centre — built in 2015 by the previous state government as an alternative to prison for people with mental disability.

The centre currently has 19 staff but only three of a possible 10 residents.

Thomas was once at the centre but was returned to jail after damaging property during an incident.

Thomas vulnerable in jail: psychiatrists

The Mentally Impaired Accused Review Board subsequently tried to send Thomas back to the centre, partly due to psychiatrists' concerns that he would be vulnerable in jail. 

Documents show one psychiatrist said his behaviour at the Bennett Brook centre may have been due to him being unmedicated, facing new restrictions at the centre and not having been able to settle in there.

Outside of timber building.
Recommendations to return Thomas to the Bennett Brook Disability Justice Centre were rejected.(Supplied: Disability Services Commission WA)

However, the recommendation was rejected by then minister for disability services Stephen Dawson.

John believes he has been in custody longer than he would have been if he was convicted of the alleged crimes.

"[Thomas] is not a paedophile, a rapist, a murderer, a child molester," John said.

Behind the walls of a high-security forensic hospital

This hospital is for those who have committed a serious crime, but were found to be too mentally ill to understand what they were doing.

A mural on a brick wall in an outdoor area, the shadows of bars above can be seen on the wall.
Read more

He said he hoped his son might soon be released under a community-based custody order. But that decision was still at the discretion of the attorney-general.

"This system is just awful. And this isn't just a voice for [Thomas], it is all the other poor buggers that are in there, you know, and they have no one.

"I suppose [this is] a stand … these people must be held accountable for what they do."

Susan said she understood her son was "difficult" and always had been, but his behaviour was linked to a permanent mental impairment that was no fault of his own.

"He's got complex needs," she said.

"Throughout all his life, nobody really wants him. He's just too hard. He's fallen through the cracks of the system and everybody just puts him in the too-hard basket.

"That's been his life."

Posted 17 May 202217 May 2022,
A woman wearing a dark purple top poses for a photo in an outdoor setting