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No, It Is Not a Crime to Report a Crime. It Is a Crime to Not Report a Crime

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“I’ve never done anything wrong”. Jimmy Savile, express.co.uk

by Mary W Maxwell, LLB

On August 26, 2020 Tita Smith at Daily Mail Australia wrote an article which was then carried on the website Pedophilesdownunder.com.

It claimed that “Victorian sexual assault survivors could be jailed for up to four months or face fines exceeding $3000 for telling their stories using their real names.

“The Judicial Proceedings Reports Act was changed in February, prohibiting victims from identifying themselves publicly if their attacker has been found guilty.

“The new law applies retrospectively, meaning victims who have lawfully spoken out previously are now censored from speaking out publicly.

GumshoeNews editor Dee McLachlan asked me to comment on it. I have often stated that to hide a crime is a crime. And though I won’t dredge that whole story up again, the Family Court does it all the time. (I.e., Famcourt hides the crime of child abuse.)

Under common law it is definitely not permissible for there to be a “law” telling people to shut up about crime. You may recall that our Atty General George Brandis, circa 2015, asked Parliament to pass a law that could put journalists (of the Gumshoe type) in prison for up to 10 years. Had Dee got arrested and forced her case up to the High Court, I can only presume she would have had to be acquitted, as such a law is unconstitutional.

Please know that I am not trying to cover this matter thoroughly here.  This article should really only be in the Comments section, except for its length. I am here to challenge the Daily Mail’s contention.

Sleuthing the Law

When one wants to see what the law actually says, one pops over to Austlii.edu.au (Australian Legal Information Institute; it is run by University of New South Wales, hence the “edu.”  So, you type “Judicial Proceedings Reports Act,” as that is what the Daily Mail called it. Maybe you should also type “Victoria” — as there may be such an act in more than one state.

Th only item found by my search was the 1958 Act of that name, and it is indeed from Victoria. I now print part of it. You will see that each amendment that occurred has got a date.  I do not see any February 2020 amendment.

I have bolded what I think may be the part that fooled Tita Smith. She says it is the victim that is punishable for squealing about the sex crime.  No, it is the perp who must not publish the deed.

(This has nothing to do with the Family Law’s section 121 that does indeed tell a protective parent to shut up – as Gumshoe has often explained.)

I don’t really think Gumshoe should spend time here on the Daily Mail item.  But I was incensed to hear that readers were drinking it in. No! No! Remember Blackstone! The law works the other way – it punishes you for NOT reporting a crime – just as you would logically think, yes?

I hope I have not missed something. Maybe Tita is right and I just can’t find it.  Anyway, I think I can read English and the following law clearly says “Don’t worry.”

Any bolding is mine. (My bolding’s my bolding, no-one’s but mine….)

JUDICIAL PROCEEDINGS REPORTS ACT 1958 – SECT 4   Prohibition of reporting of names

  1. 4(1A) inserted by No. 8/1991 s. 18(a), amended by No. 33/1994 s. 17(3).

(1A)     A person who publishes or causes to be published any matter that contains any particulars likely to lead to the identification of a person against whom a sexual offence, or an offence where the conduct constituting it consists wholly or partly of taking part, or attempting to take part, in an act of sexual penetration as defined in section 35 of the Crimes Act 1958 , [1] is alleged to have been committed is guilty of an offence, whether or not a proceeding in respect of the alleged offence is pending in a court.

  1. 4(1B) inserted by No. 8/1991 s. 18(a).

(1B)     If a proceeding in respect of the alleged offence is not pending in a court at the relevant time, it is a defence to a charge under subsection (1A) for the accused to prove—

  1. 4(1B)(a) amended by No. 37/2014 s. 10(Sch. item 90(b)).

(a)     that no complaint about the alleged offence had been made to a police officer before that time; or

(b)     that the matter was published or caused to be published in accordance with the permission of—

(i)     the Supreme Court, the County Court or the Magistrates’ Court granted on an application by a person; or

(ii)     the person against whom the offence is alleged to have been committed.

  1. 4(1C) inserted by No. 8/1991 s. 18(a).

(1C)     If a proceeding in respect of the alleged offence is pending in a court at the relevant time, it is a defence to a charge under subsection (1A) for the accused to prove that the matter was published or caused to be published in accordance with the permission of that court granted on an application by a person.

[This bit is recent: NOVEMBER 11, 2019 – M Maxwell]:

  1. 4(1CA) inserted by No. 11/2019 s. 15.

(1CA)     If a proceeding for a sexual offence has concluded and resulted in the conviction of the accused for that offence, it is a defence to a charge under subsection (1A) for the accused in relation to the alleged offence under subsection (1A) to prove that the matter was published or caused to be published in accordance with the permission of—

(a)     the Supreme Court, the County Court or the Magistrates’ Court granted on an application by a person or on the court’s own motion; and

(b)     if the person against whom the sexual offence was committed is 18 years of age or over, that person.

  1. 4(1CB) inserted by No. 11/2019 s. 15.

(1CB)     A court must not make an order giving permission under subsection (1CA) if the disclosure would result in the disclosure of the identity of any person against whom a sexual offence was committed and that was dealt with in the same proceeding—

(a)     who does not give permission to that disclosure; or

(b)     who is under 18 years of age; or

(c)     if it is not appropriate in all the circumstances for the identity to be disclosed.

[I’ll add this bit with thoughts of Martin Bryant’s picture appearing too soon in The Australian – although I don’t know what the original wording in 1958 was.]:

  1. 4(1D) inserted by No. 79/2014 s. 49(3), substituted by No. 54/2017 s. 8(2).

….    (3)     Where a corporation is guilty of an offence against this section any person being a member of the governing body or being a director manager or secretary of the corporation shall severally be deemed to have committed the offence and shall be liable to the aforesaid penalty or imprisonment or both unless he proves that the offence by the corporation took place without his knowledge or consent.

  1. 4(4) amended by No. 9848 s. 18(1)( Sch.).

(4)     No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions.

End of excerpt.

Another thing that amazed me was the Daily Mail’s casual remark that the thing is retroactive. No, No. NO way. If it was not a crime when you committed it, you cannot subsequently be punished. I mean really, Folks, please.

Nullum crimen sine lege.

Finally, I mention that today at Pedophiles Down Under, Fiona Barnett has provided an in-depth report on the wicked, wicked False Memory Syndrome Foundation, in Australia.

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38 COMMENTS

  1. “the identification of a person against whom a sexual offence] is ALLEGED to have been committed”

    That’s NOT what Tita Smith said.

    I guess the rationale behind the actual bar goes to cases where false allegations have been used as some sort of vendetta.
    But in my view it just proves that nannying is the arch enemy of community welfare, irrespective of the shape or form.

    Dealing with false accusations is never pleasant, but it’s part of being an adult

    • I figure that most false accusers would quickly drop off if confronted by a draft defamation claim
      But as the Culture of the Age is averse to any genuine form of self-preservation ………………

      • There’s also the fact taking unsubstantiated daily-rag style claims on board is a matter of personal choice/freedom which no government has any right to thwart

    • Tita Smith, “Daily Mail”, 26 AUG ‘20:
      “The Judicial Proceedings Reports Act was changed in February, prohibiting victims from identifying themselves publicly if their attacker has been found guilty.”

      Typical MSM prevarication
      I mean, changed from what to what exactly?
      Quite apart from which sensationalist scoops have never been known to rectify anything

  3. re: the headline picture
    In the little known, very ancient tome “Supreme Law of Great Britain” it says, no famous person accused of indecent dealings with a minor shall be found guilty during their lifetime unless they be Australian. The need for such a law should be clear enough to anyone.

      • Commoners need not attempt to discern between the law as it is writ and the law as it is practised, and every means whereby it is practised, they should know their place

        • Well if it doesn’t line up with the 10 commandments it’s not law
          As verified by the way in which Jesus rebuked Satan:

          “It is written…..
          It is written…..
          It is written….. “
          MATHEW 4:1-11

          And the advice given by Jesus’ half-brother James:
          “Submit yourselves therefore to God. Resist the devil, and he will flee from you.”
          JAMES 4:7

          • Romans 13:8-10 (King James Version)

            Owe no man any thing, but to love one another: for he that loveth another hath fulfilled the law.
            For this, Thou shalt not commit adultery, Thou shalt not kill, Thou shalt not steal, Thou shalt not bear false witness, Thou shalt not covet; and if there be any other commandment, it is briefly comprehended in this saying, namely, Thou shalt love thy neighbour as thyself.
            Love worketh no ill to his neighbour: therefore love is the fulfilling of the law.

          • There is no fear in love; but perfect love casteth out fear: because fear hath torment. He that feareth is not made perfect in love. Exodus 20:20

          • Natural or Divine law is lawful.

            Man cannot make a law that contradicts Natural Law, it may be legal but it is invalid.

            Natural Law is the law that defines the operation of the will of the Divine through its existence in the form of matter and physical rules. As Natural Laws define the operation and existence of the physical universe, all valid Positive Law may be said to be derived from Natural Law enacted by men and women through proper authority in accordance with these canons for the governance of a society.

            A Positive Law ultimately refers to physical objects and living beings; All valid Positive Law may be said to be derived from Natural Law.

            Cognitive Law cannot abrogate, suspend, nor change a Natural Law. Nor is it possible for a Cognitive Law or Natural Law to abrogate, suspend or change a Divine Law. Natural Law cannot be written or created, only discovered. Divine Law cannot be written or created, only instructed by Divine Grace in accordance with these canons.

            http://one-heaven.org/lexica/en/define/laws.html

  4. “In Australia, the COVID19 vaccine will not be mandatory.

    If you choose not to take it the following rules apply:

    No overseas travel
    Not allowed into restaurants
    No welfare payments
    No family tax benefits
    No child care benefit subsidy
    Banned from public transport
    Tax refund withheld
    Kids cannot attend school

    but… it won’t be mandatory.”

    Henry Makow

    Do you think we will have elections, with pencils, again?

    • What doesn’t appear to be getting a whole lot of attention is that the corresponding departments were never intended to be anything more than instruments of oppression and that, sooner or later, the lack of resistance was bound to produce a certain fruit

      • Over and above which
        We’ve had plenty of warning that it’ll be pretty dark by the time HE shows up
        And that we’d better top up our lamps accordingly:

  6. This is the legislation of concern…
    It stops victims from identifying themselves which basically stops them from naming the offender because that would also identify themselves. Victoria have made survivors apply to the court if they wish to speak out about abuse or rape suffered.
    The Vic gov has stated they will be making changes to this legislation before the end of the year.

    https://www.legislation.vic.gov.au/in-force/acts/judicial-proceedings-reports-act-1958/044

    • No,it stops ALLEGED victims from identifying themselves via naming ALLEGED offenders, as spelled out above
      That, of course, goes to eliminating compromisation of the Court process.

      There’s numerous Gumshoe articles that spell out the fact that the problem isn’t the LAW but rather the ubiquitous judicial contempt thereof.

  11. Germany again, a letter of thanks from Wodarg:

    Dear participants at the demonstration and in front of the screens,

    You are doing a wonderful, level-headed and responsible work for our country and all who live in or visit it. The organizers, their helpers and supporters are the heroes of democracy!

    Corona has long since been defeated. Now our commitment is to restore social democracy and to preserve our constitutional state. From today on the victory column is yours!

    Sincere thanks and greetings to all those who, with or without uniform, stand up for our beautiful country and its people according to our constitution.

    With solidarity greetings, Dr. Wolfgang Wodarg

    [and I add: the same goes for the last seven years of leadership by our Dee — MM]

    • Interesting Heffernen is always painted as a nutjob, mostly only shown on ABC.
      And Trump kicked Epstein out of his resort but MSM always shows them friendly in very old photos.
      Pretty weird episode with Scotty trying to take Brian Houston to dinner that time, well, let him take down Denial Andrews and then it’s Scotty’s turn

  16. “These corrupt networks run deep within the Australian government, its charitable organisations, its religious societies and judicial systems.
    Every parliamentarian in the government since at least 2015 is complicit in harbouring paedophiles.
    This web of spiders needs to be eradicated by any means. The darkness must be drained.
    The time is now, our children need us.”

    Bill Heffernan

  18. Since this article is titled : ‘It’s a crime to not report a crime’, it’s only appropriate that I post the following :

    Many of you will be aware that a corrupt U.S government entity called the National Institute of Standards and Technology (NIST) issued a report that Building 7 of the World Trade Centre complex collapsed due to fire on the day of 9/11.

    Well, Architects and Engineers for 9/11 Truth formally challenged that with a comprehensive scientific study that proved this was not so and in so doing will be fulfilling their duty to report that a crime was committed (the controlled demolition of Building 7).

    In their words :

    “Our request described in meticulous detail eight items of information in NIST’s Building 7 report that violated the federal Data Quality Act and NIST’s Information Quality Standards. Our goal was to compel NIST to rectify these violations and in so doing reverse its unsupported conclusion that fire was the cause of Building 7’s collapse.”

    Unfortunately this was the outcome :

    “Architects & Engineers for 9/11 Truth is sorely disappointed to report that on Friday, August 28, 2020, the National Institute of Standards and Technology (NIST) issued its initial decision denying the request for correction that we — together with ten 9/11 family members and 88 architects and structural engineers — submitted on April 15, 2020, regarding NIST’s 2008 report on the collapse of World Trade Center Building 7.”

    The good news is that they will be appealing this egregious decision in short order and let’s hope for a better outcome.

  19. Meanwhile, very much on topic, watch Skit # 1 (first 4 minutes) from the video below, which explains why prominent politicians, high profile celebrities and business entities are never prosecuted for paedophilia and various other crimes :

    (Spoiler alert : The reason is given in the last few seconds of the skit but the lead up to it is worth watching).

  20. Sinister Sites – St. John The Divine Cathedral

    The destruction of New York City (including the Twin Towers) sculpted right on the building…
    Strange occult symbols on the floor… Weird rituals being performed in the sanctuary… Home of
    the Temple of Understanding which admittedly seeks to instate a new world religion… This cathedral is definitively “different”, as some people might say. But the “difference” lies in the fact that the cathedral is, in fact, a temple for the occult elite. I personally couldn’t care less about each individual’s beliefs, but to trick unsuspecting churchgoers into an occult house of worship is nothing less than Evil.”

    https://vigilantcitizen.com/sinistersites/sinister-sites-st-john-the-divine-cathedral/

    So, what is the purpose of this weird carving? Well, the first thing that needs to be mentioned is the actual St. John the Divine is credited for writing the Book of Revelation in the Bible, which describes in symbolic imagery the events of the apocalypse. Occultists believe that the Book of Revelation has been hermetically coded to reveal its true meaning to the initiates of esoteric teachings. This scene, carved on the west entrance of the cathedral, depicts New York as being “Babylon the Great”, the city that gets completely destroyed by the wrath of God. The Book of Revelation mentions:

    “Fallen! Fallen is Babylon the Great!
    She has become a home for demons
    and a haunt for every evil spirit,
    a haunt for every unclean and detestable bird.
    For all the nations have drunk
    the maddening wine of her adulteries.
    The kings of the earth committed adultery with her,
    and the merchants of the earth grew rich from her excessive luxuries.”
    -Book of Revelation 18

    The artists might be on to something because there is indeed numerous similarities between the actual New York City and the description of Babylon the Great in the Bible. The Book of Revelation mentions:

    A “Great Prostitute” who sits on many waters – peoples, multitudes, nations and languages – holding a golden cup. She rules over the kings of the Earth. = The Statue of Liberty

    Merchants of the Earth who grew rich from her “excessive luxuries”, weeping because nobody buys their goods anymore = New York Stock Exchange

    “The merchants who sold these things and gained their wealth from her will stand far off, terrified at her torment. They will weep and mourn and cry out:

    ” ‘Woe! Woe, O great city,
    dressed in fine linen, purple and scarlet,
    and glittering with gold, precious stones and pearls!
    In one hour such great wealth has been brought to ruin!’
    – Book of Revelation, 18

    Knowing that, still today, over 70% of the world’s capital goes through the NYSE, we understand why the building was depicted on the apocalyptic pillar. It represents the “financial” aspect of the Book of Revelation, where it repeatedly refers to rich merchants and trading goods.

    New York City is defined in the Federal Regulations as the United Nations. Rudolph Gulliani stated on C-Span that “New York City was the capital of the World” and he was correct. (20 CFR chapter 111, subpart 422.103 (b) (2) (2)

    New York in English gematria = 666

    THE STATUE OF LIBERTY – The goddess mother of the Earfh.

    “……….Thus then the cup bearing goddess was at once Venus, the goddess of licentiousness, and Nemesis, the stern and unmerciful one to all who rebelled against her authority.”

    ‘Their’ time is short. Revelation 12:12

    Jer.51 42 “The sea has come up over Babylon; she is covered with the multitude of its waves.” [In the Wizard of Oz the wicked witch of the west is “liquidated” by Dorothy throwing a bucket of water over her.]

    East Coast Mega Tsunami by Cumbre Vieja Volcano on La Palma Island [essential episode]

    Jer.51:64 “Then you shall say, “Thus Babylon shall sink and not rise from the catastrophe that I will bring upon her. And they shall be weary.” Thus are the words of Jeremiah.

    Revelation 18:21-24. “Then a mighty angel took up a stone like a great millstone and threw it into the sea, saying, “Thus with violence the great city Babylon shall be thrown down, and shall not be found anymore…….23 ……For your merchants were the great men of the earth, for by your sorcery all the nations were deceived…..24 And in her was found the blood of prophets and saints, and of all who were slain on the earth.”

    Is it time to write America’s obituary? Is it time to say, ‘Goodbye, America’?

    “We, the Jewish people, control America, and the Americans know it.” — Israeli Prime Minister Ariel Sharon, October 3, 2001

    The Jews are of Esau from Idumea, and therefore not of Israel or Judah; Jewish Encyclopedia, 1925, vol. 5, page 41.

    Esdras 6:9 …”For Esau is the end of this age, and Jacob is the beginning of the age that follows”…

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