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From: judy
Wednesday, 29 November 2000 05:46
To: OVOP
Subject: remand

Dad appeared in the Sale Magistrates court yesterday for a remand session. He has been remanded in custody until the 20th of December, 2000, at which time he will appear before a Magistrate at the Bairnsdale Court. Unfortunately I was unable to attend as one of my kids became ill yesterday morning. Mum said that dad appears tired and drawn. It seems that he will have to be kept at the Sale police station as the Port Phillip prison cannot accomodate him now until the end of the week. This 600 person prison has over 700 prisoners crammed into it at the moment. Private enterprise, ay.

From: judy
Wednesday, 20 December 2000 18:59

To: OVOP
Subject: bail application

Unfortunately the bail application was unsuccessful today. Even though dad's committal hearing isn't until 13th March, 2001, the judge remanded him in custody on the grounds that he is too much of a threat. Even though, if dad were to plead guilty to the charges he has, more than likely, already served the time in prison that his sentence would be. Dad is determined to plead not guilty and to have a trial by judge and jury. Looks like he may get this even though it may be quite a few months away. The Judge was presented with evidence of his ailing health but disregarded this evidence on the grounds that he can get medical attention in prison. So, what does one do now? Wait. I am afraid that we do not have any more funds for a supreme court bail application and still owe the solicitor quite a bit of money. We had to pay the barrister cash before he would appear for dad today. Legal aid will not fund dad's court cases on the grounds that his family should do so. If they do fund the cases it will only amount to a sum of $900 and how far will this go ???? I again wish to thank you again for all your help and support through this trying time. I hope that you and your family have a merry Christmas and a happy new year. Take the week off, ay.  

 

On 21st December OVOP forwarded several of Judy's e-mails including the above in an urgent e-mail to UN human Rights Commissioner Mary Robinson asking for urgent action on Interim Protection for Brian Fyffe. OVOP have attempted to point out to Commissioner Robinson :

Indeed all the evidence collected so far indicates that even if the actions of the State of Victoria should cause Mr Fyffe to die in prison, so making its sizure of his property even easier, it seems that the federal government of Australia and its human rights commission would have no interest in or powers to act over such an event.

Thus OVOP has asked the UN Commissioner for Human Rights just what more has to happen in order to allow the UNHRC to take notice of this case and to comply with their side of the obligations under the Covenants ? (Just as they very rapidly did when the person imprisoned was a Western Australian MP, such that he was very rapidly released from jail.) Putting to them that to the world's public it could appear that the UNHRC has much regard for the basic human rights of high profile people but that the message that the UN now sends is that an ordinary person such as Mr Fyffe is not deserving of having his human rights under the UN Covenants respected.

OVOP currently awaits a reply.