individual communication to the united nations ... - Community Law

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6At or just after this time, Mr Barker began to refuse to accept rent from the Author and herhusband. According to the Author, Mr Barker and his associates also engaged in threateningbehaviour towards the Author and her husband around this time. 17On 6 January 2000, the Author telephoned the police as a result of Mr Barker‟s actions. Shespoke to Senior Sergeant Danny McIlwaine, who was already aware of the issues underlyingthe dispute about the tenancy. 18 Senior Sergeant McIlwaine advised that the issues describedby the Author were civil matters and that the police would not take any action. 19 Later thatday, Mr Barker, accompanied by a friend entered the property and began firing guns at therear of the property. 20 Mr Barker then handed the spent cartridges to the Author's childrenwho gave them to the Author. 21Mr Barker handed a notice to vacate to the Author, stating the following reasons forterminating the tenancy:(a) You have caused damage to the premises and common areas;(b) You have endangered the safety of the neighbours; and(c) The premises are unfit for human habitation, as no certificate of occupancy has beenissued by the local authority. 22The Author denies that any damage had been caused to the property, or that they hadendangered the safety of neighbours. There are statements from neighbours saying that theydid not feel threatened or in danger. 23 Further, a certificate of occupancy had been issued. 24In the middle of the night of 9 January 2000, two men wearing dark glasses broke into thehouse in which the Author, her husband and three small children were living. One of the menwas armed with a pick axe handle, and the other was armed with a torch. The men asked whythe Author and her family had not complied with the notice to vacate and threatened to harmthem physically if they did not leave the property. The Author was followed in a threateningmanner through the house by the men, as she woke, and she was forced to wake her childrenfrom their beds in order to leave the property. The family then left and went to a neighbour‟sproperty, from which they called the police. 25According to the Author, the Author's husband rang the police from the next door neighbour'sproperty. Initially, the police said they would attend. The Author's husband heard a car17 See attachment marked “F” at paragraph 10.18 See attachment marked “DD” at paragraph 8(a).19 See attachment marked “DD” at paragraph 8(a).20 See attachment marked “II” at paragraph 2.32.21 See attachment marked “KK” paragraph 3.22 See attachment marked “L” and “DD” at paragraph 8(c).23 See attachment marked “K” and “T”.24 See attachment marked “I”.25 See attachment marked “U” at paragraph 7.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee
7passing and, thinking it was the police, ran out to give them directions. However, the passingcar was Mr Barker heading to the property. At the same time, the police telephoned to saythat they could not attend that night. However, on hearing that Mr Barker had been sighted,they eventually came to the neighbour‟s house. When the police arrived, they advised thatthey were unable to do anything because no criminal offence had been committed. 26Later that day, the Author, her children and her nephew travelled to Melbourne because shefeared for her family‟s safety. The Author‟s husband remained behind to attempt to resolvethe situation. The Author and the children rejoined her husband in about February 2000.When the Author and her husband left the property and moved to Seaspray, a nearby town,they were unable to take with them the livestock and equipment. All their personalpossessions also remained at the property. Mr Barker refused to sign the bond claim form toenable the return of the Author‟s bond.On or about 25 April 2000, the Author and her husband returned to Sale. There, they visitedthe police station to speak to Senior Sergeant McIlwaine to ask for his assistance to resolvethe situation and to find out what happened to an order made by VCAT requiring Mr Barkerto allow the Author and her family to return to the property (discussed in more detail below).Nothing came of the meeting with Senior Sergeant McIlwaine. 27On 6 December 2000, many months after the move by the Author and her family to Seaspray,goods and cars which had been left at the property were taken by Mr Barker and a number ofassociates and dumped on the footpath outside their new home (minus the Author‟s hearingaids and jewellery). The possessions could not be salvaged and had to be dumped. 28On or about 16 December 2000, the police entered the Author‟s new home in Seaspray undera search warrant dated 15 December 2000, authorising them to search for firearm onsuspicion of “Offence of possess firearm without authority”. No firearms were found bypolice. 29The Author remained in Seaspray with her family for 18 months following the eviction, andthen moved to Melbourne in 2002. The Author‟s husband left the State out of fear that hispresence might provoke further harassment of his family and he currently lives in Canberra.He visits his family every few months. The eviction caused substantial disruption to theAuthor and her family‟s lives – such disruption included precipitating the breakdown of theAuthor's family, forcing the family to experience a period of homelessness, leaving theAuthor with long term psychological injuries and resulting in the loss of the family‟spheasant breeding operations. 3026 See attachment marked “DD” at paragraph 8(c).27 See attachment marked “DD” at paragraph 8(d).28 See attachment marked “II” at paragraph 2.4 and JJ.29 See attachment marked “DD” at paragraph 8(e).30 See attachment marked “II” at paragraph 2.45-2.49, see also attachment “BB” and “CC”.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee
Page 1: 1INDIVIDUAL COMMUNICATION TO THE UN
Page 4 and 5: 4Part 11.1 SummaryThe Author, her h
Page 8 and 9: 81.2.2 Attempts to seek assistanceV
Page 10 and 11: 10“I consider the criminal act to
Page 12 and 13: 12claim- Judgment entered in favour
Page 14: 14Civil ProceedingsThe Author was u
Page 17 and 18: 17Article 2 of the ICCPR requires a
Page 19 and 20: 19requirements as to notice) with w
Page 21 and 22: 21compensate them for the wrongful
Page 23 and 24: 23must such an obligation be interp
Page 25 and 26: 25stop to the interference by third
Page 27 and 28: 27(4) the tenant lets the landlord
Page 29 and 30: 293. There has been a particularly
Page 31 and 32: 319. The Author submits that such r
Page 33 and 34: 33(b) the premises are to be sold o
Page 35 and 36: 35(1) A landlord or a person acting
Page 37 and 38: 37S. 259(2A) inserted by No. 45/200
Page 39 and 40: 39apply to the Court for relief; an
Page 41 and 42: 41s. 146(d) a house let as a dwelli
Page 43 and 44: 43(iii) the accused shall be entitl
Page 45 and 46: 45Victoria PoliceG 4 February 2000
Page 47: 47DD 24 April 2001 Internal Police

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