Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Sunday, March 31, 2019

The Victorian Trooper #7 - The Police Royal Commission.

In the aftermath of the siege of Glenrowan, the Victorian Police found themselves in the sights of an angry public - egged on by a vociferous media. There was a significant outcry from Victoria's media for a far reaching inquiry into the Victorian Police Force; the actions of it's officers and it's hierarchy.

The Force hadn't anticipated the groundswell of sympathy for the Kelly gang by the wider public - particularly in the North East nexus of what became known as Kelly country. Stories of police brutality abounded, the incompetence of senior officers was a great cause for concern and the practices of the Force were called into question.

In most of the articles I have presented thus far in this series, I have referred to the testimony given by my great great grandfather in these hearings.




(Engraving of the Royal Commission c.1881. State Library of Victoria).

Royal Commissions were nothing new. In fact the first inquiries into the Police Forces date back to 1855 - a mere three years after the inception of the force in Victoria. The commission dealing directly with the Kelly gang began taking evidence in March 1881 & continued through until October 1881.

It isn't clear how prominent a role Joseph Ladd had in the 1881 examination of the events of the Kelly Affair. However his former subordinate Constable Alexander Fitzpatrick was there. On July 6th 1881 the commission questioned Fitzpatrick at length about his involvement with the Kelly family (he was considered to be a suitor for the affections of Ned Kelly's sister Kate), the events surrounding his being shot during an attempt to arrest Dan Kelly for horse stealing - an attempt which failed. He was also questioned about the 9 month period he served at Lancefield under Senior Constable Mayes before he was eventually sacked from the police force. 

Joseph Ladd was called upon during in May, 1882 under the auspices of the "Present State and Organization of the Police Force" commission hearings

On the 31st of that month Joseph Ladd was sworn in and examined by the commission. He was questioned at length on what he thought about the current state of police recruitment and training, uniforms, rates of pay and promotion.


(Testimony of Joseph Ladd Mayes - click to download a pdf copy).

He was damning of the culture of fear that existed in the force, highlighting his Ballarat experience when he was persecuted relentlessly in the aftermath of the Burke murder at Pigoreet near Pitfield. until he as forced to leave the district. He drew the commission's attention what he perceived as a bitter rivalry between the detective branch and the mounted police - a rivalry that had become toxic and dangerous.

Joseph Ladd gave accounts of his involvement in the hunt for bushranger Harry Power during the period his was stationed at Marysville. These were given in the context of what he thought was poor prospects for promotion in the force as it stood presently. Joseph Ladd had been in the Police Force some 24 years by the time of the Commission and he had not progressed any further than a Senior Constable.

Joseph Ladd was critical of the application and training process saying that he did not think candidates were vetted thoroughly enough before being admitted to the force. Of police training he was particularly damning;

'I have known instances of recruits, young mounted men, going into that depot, being kept there for a couple of weeks, until such time as they get their uniform, and never hardly had a revolver or gun in their hands and perhaps be in the riding school not more than half a dozen times ... they are sent out raw, red handed and knowing no more about the police duty than a man from North Africa'

JL Mayes, 1882.

The case of Constable Alexander Fitzpatrick was highlighted during his appearance.

"I found him such a worthless character that the men who recommended him and gave him a character to join the police force I consider committed a grave offence against the public".

JL Mayes, 1882.


Joseph Ladd Mayes possibly around the time of the Royal Commission in 1882. 
(Mayes Collection).

He went onto provide his recommendations on what he thought should be the appropriate training for a recruit;

"...they should be properly drilled before they are allowed out of the yard ... they should be experienced in the use of the revolver, also in the use of a rifle ... they should also be taught to ride and fire on horseback. He ought not to be sent until he is thoroughly disciplined and understands something of police duty ... I consider no mounted man should be allowed to leave that depot in less than six months, and that he should get instruction during that time".

JL Mayes, 1882.

Joseph Ladd also gave some insight into what he thought should be the rank structure in the force.

"Now as regards to rank. I consider that the position of senior constable should be done away with, and that there should be three grades of sergeants. The should be third-class sergeants, with two stripes, second-class sergeants, with three stripes; and first-class sergeants with three stripes and a crown; and that they should receive remuneration accordingly."

JL Mayes, 1882.

The evidence Joseph Ladd Mayes gave during his testimony, along with the recommendations of many others who gave evidence had a far reaching effect on the Victorian Police Force. Throughout the pages of an 1883 General Report that was handed to the Victorian Parliament, application and training processes were strengthened, remuneration and rank advancement was reexamined and restructured, recommendations and changes were implemented to harmonize relations across departments and large areas of Police operations were extensively overhauled. 

Joseph Ladd is mentioned prominently in an 1883 Special Report that was handed to both houses of Parliament. His evidence on the 1867 Thomas Burke murder investigation and the difficulties he encountered with the detective branch at Ballarat were singled out. The Special Report recommended a root and branch review of Detective operations throughout Victoria.



(Reports like these were handed to the Victorian Parliament in 1883 for consideration.)

The 1881 - 1883 Royal Commission into the operations of the Victorian Police Force was bruising affair. Senior Police and Administrators were removed from their positions - among them three of Joseph Ladd Mayes' most ardent supporters - Captain Frederick Standish, Superintendent Charles Nicholson and Superintendent Frances Hare. The Force itself underwent a seismic shift and the landscape for law enforcement in the colony of Victoria transformed. The effects of this have been long lasting - they are still being felt today. 

For Joseph Ladd Mayes, the Royal Commission was the concluding chapter on a turbulent decade that had seen him travel around the world, spend long periods away from his ailing wife and three children during the height of the Kelly Affair and experience the intense scrutiny of a legal apparatus of a Commission of Inquiry. 

Career wise, Joseph Ladd's appearance at the Commission had a positive effect. His reputation was enhanced and his career trajectory saw a noticeable upswing in the years following 1883. 

Personally, Joseph Ladd would experience some of the happiest years of his life in the aftermath. And it is to here that I shall turn next.

Next: Family Ties...

DFA.

Thursday, September 27, 2018

Delayed Devastation & The Abandonment Of #MeToo.

21 years ago, when I was a junior RN at the beginning of my career, I was sexually assaulted by in my workplace. 

The assault involved two individuals, who were senior to me. They herded me into a confined space, and proceeded to taunt me, touch me inappropriately, I was penetrated  digitally. I did not invite their advances, nor did I give permission. I was manipulated, forced into enduring their attack. 


The incident occured out of hours. There were no witnesses to the incident other than myself and the two individuals involved. I was given no ability to escape the the situation. I was shocked and devastated. 


When I attempted to report the incident, I could not have anticipated the reaction I received. A meeting was arranged with with senior people. I was given no opportunity to arrange a support person to attend with me. Once in the room, I detailed the incident. 


I was told that these were very serious allegations. I was asked if I recalled the incident accurately (the meeting occured within a few days of it having occurred.) I was informed that my abusers denied any involvement in what had occurred. Further, I was advised there were very serious consequences of making allegations of this gravity. 


I was then told that the incident never happened and that if I pursued my claims that I would not work as a Nurse anywhere in the future. I was then put on a "probation period" in which my performance would be observed at monitored.


How does a 23 year old, junior male nurse, deal with this? 


In the aftermath, I was devastated. I felt isolated, marginalised and I suffered under the weight of intense scrutiny for which I had no support, no counselling and no recourse.


I suffered bouts of depression, anxiety, guilt and shame that was so intense, I was pushed to the edge.



Yes, I was suicidal and yes, there were three occasions where I attempted to take my own life.  


I know what happened was real. I was, essentially, raped in my workplace. 


Seeing that I had no power to do anything about the experience, I closed down and compartmentalized the experience and the ordeal, burying them so deep in my psyche so that I could (somehow) function. I developed a way of coping - but I never dealt with the damage wraught on me.


With the emergence of the #metoo movement last year, my exposure to the countless stories of abuse and survival being shared, I unlocked the chest that held my own experience of abuse and I  looked at it anew for the first time in 20 years.

Revisiting the experience, my reaction to it and the subsequent emotional devastation I experienced as a result of being ignored and threatened, I was confronted by 20 long years of unresolved emotional baggage that had affected me. 

It took me a long time to acknowledge the reality of what had occurred. Seeing similar experiences being shared, I was encouraged by what I thought was a positive movement that would treat my ordeal with empathy and compassion. 


I shared my experience. 


The reaction? 


The reaction was a swift and as devastating as the intial reaction I received to my account of sexual abuse.


Suspicion. Disbelief. Minimisation - all coming from within this movement that was supposed to empower voices and embrace survivors. I felt as though I had been raped all over again. 

See - I don't fit the narrative. I fall outside of the accepted identity of a sexual abuse survivor. 


I was a male victim of sexual violence, perpetrated by women. Like the administrators who interrogated me in the aftermath of my abuse, many within the #metoo movement doubted that such violence could happen to a male by a female. I'd remembered it wrong. My recollections must be doubtful. This couldn't have happened to you - a man. It was made clear to me that, at this time, this fight is not about you. You can't be a part of our narrative because - as one particularly militant tweeter articulated it - "You have a dick."


In the course of the fight, there will be victims. Males are collateral damage in this - Male victims and Male accused (whether they are innocent or guilty). 


I'm considering all this, at a time when there is incredible scrutiny being brought to bear on the nominee for the Supreme Court in the United States, Brett Cavanaugh.




You might be surprised, given all I have detailed here, that I have questions about the claims and counter claims swirling around Christine Blasey-Ford and Kavanaugh. In no way do these questions  discount the possibility that Blasey-Ford is telling the truth. It is simply a dispassionate observation that Blasey-Ford has not presented compelling evidence that establishes fact. Like me, she may never be able to.

At this time, Brett Kavanaugh is an *alleged* perpetrator or sexual assault - *alleged*. A formal FBI investigation would, in my view, be the most appropriate way of establishing fact. That should happen and, until such time as that investigation is completed, Kavanaugh's nomination should be withdrawn.

Further, this whole spectacle should be completely removed from the public gaze - for the sake of Christine Blasey-Ford as much as anyone.

There is a further concern I have, which relates to the conduct of the various actors behind both Blasey-Ford and Kavanaugh. I believe there are competing agendas at play that have less to do with the truth of Blasey-Ford's ordeal or the guilt or innocence of Kavanaugh or the truth of the claims against him. Part of this is being driven by nefarious elements within the #metoo movement and its blind ambition to bring down an entire gender, regardless of the truth. They will chew up Christine Blasey-Ford and spit her out as much as they will Kavanaugh. 


Can the truth ever be established now? 


I have come to accept that I will never gain absolution for my own ordeal. I can only recount my experience, to the best of my recollection (and my recollection is acute) and move forward...if one can ever hope to move forward from something like this.


Truth is a victim. 


In the case of Christine Blasey-Ford and Brett Kavanagh, there are her allegations - grave and serious and warranting forensic investigation, his defense, which - in our system of justice - he is entitled to, and the Truth that lies somewhere in between. The way these hearings are being concucted are troubling, because none of this matters to those driving Christine Blasey-Ford into the pressure cooker of the public gaze. Nor does it matter to those who seek to secure Kavanaugh's appointment to the Supreme Court of the United States. 


Both agendas will divide and conquer in the pursuit of something other than the truth - and they will leave victims in their wake - both accused and accusers.


If you don't fit the proscribed narrative of either, the accepted identity, you are problematic, expendable.


And that is the truth.


DFA.