By Email to the Crown Solicitor…………4th March 2021
Dear Crown Solicitor
I attended a matter in Mt Druitt Local Court last Friday 26th February before His Honour Magistrate #########.
R v (name suppressed)
Case No’s: 2020/00064259, 2020/00174823, 2020/00064267, 2020/00174857, 2020/00064253, 2020/00174876.
I was in the gallery with (name suppressed) sister #### ### (ccd) as I have been assisting them as both Pastor and Advocate with the application.
I also helped (name suppressed) to obtain legal counsel, ######## ###### (also ccd)
At the end of that adjournment after His Honour explained that he would recuse himself from hearing the annulment application I note that the Crown Solicitor representing the prosecution DCJ (Western Sydney Branch) mentioned some Non Publication orders that he said were made on the 3rd of September 2020.
Albiet he said to the Magistrate there was nothing for him to do I am of the opinion he raised this for my interest as I was the only person in the gallery who would have understood, and I was one of only two people present in the gallery and he also looked at me when he raised the matter before the Magistrate even though it was not necessary to raise the matter to the court.
As I have no idea of what those non publication orders are would you be kind enough to supply me a copy.
Having been charged myself for allegedly breaching orders in the past that I am currently defending in the courts It would be very wise of me to have a copy to ensure The Secretary of DCJ (formally FACS) does not have any grounds to charge me again for something that I am not aware.
My apologies if contacting the Crown Solicitor directly is in any way inappropriate. I have been wanting to speak with (name suppressed)’s Solicitor about this over the last few days but I believe he is just very busy at the moment and I thought this may save him the effort.
Thank you for your assistance.
Kindest regards & God Bless Pastor Paul
Pastor Paul Robert Burton Family Preservation Advocate
By Email from Crown Solicitor…………….. 12th of March 2021
Dear Pastor Burton
I refer to your correspondence with my Office dated 4 March 2021.
I confirm that there is a non-publication order in place with respect to each of the proceedings numbers: 2020/64253; 2020/64259; 2020/64267; 2020/174823; 2020/174857 and 2020/174876.
The non-publication order was made on 3 September 2020 and continued on 26 February 2021.
The terms of that non-publication order are:
A non-publication order is made in relation to the name of the ACCUSED
Crown Solicitor’s Office
By Email to The Crown Solicitor 29th of March 2021
Dear Crown Solicitor
I wrote to you on the 12th of March (below) about being provided a copy of the non publication order and if you would
please tell me the period of time that order operates and where it operates. (case No’s: 2020/64253; 2020/64259; 2020/64267; 2020/174823; 2020/174857; 2020/174876)
I note you have not as yet responded.
I have been approached by a number of people writing editorials about the suppressed person and I myself have started a fundraiser for him to help cover his legal fees. I also note that there appears to be significant overseas interest in the matter. I have done my best to inform these people of the orders as I understand them now that I am aware, but it would be very helpful to have a copy to ensure people do the right thing when reporting on this case.
I want to ensure that I act lawfully and do not breach any orders, so I would like to ask once again for those orders please and qualification of the time and space elements of those orders.
I have ccd in the suppressed person’s solicitor and the journalists who are also members of the Family Preservation Network.
I also noticed for your further information and most respectfully that if I understand the orders correctly in that a non publication order is made in relation to the name of the accused, that the NSW Online Registry it appears is currently in breach of those orders. (pdf attached) I wish no disrespect but in truth, I am somewhat concerned because I note that when I was in court for the second time on the 26th of March with the suppressed person’s annulment application, the other party was not the Police Prosecutors or the DPP as one would expect in such a matter, but was the Dept of Communities & Justice (DCJ) the same Dept that removed the suppressed person’s children. I also further note that the court was closed by Magistrate Richardson and I was asked to leave albeit I could not see why that was necessary.
I am bound as a minister of religion to be truthful so I must confess that I am beginning to question whether these orders exist or if they do exist, if they are valid, and as to whether the crown solicitor is possibly misleading me either intentionally or unintentionally and whether the crown solicitor is operating independently or under instructions from the DCJ to help protect them from exposing possible misfeasance.
So if you would please assist me and help me to put my concerns to rest.
I look forward to hearing from you and thank you for your assistance.
Kindest regards & God Bless
Received from Crown Solicitor 30th March 2021
Dear Pastor Burton
Thank you for your email dated 29 March 2021.
I confirm that the NSW Crown Solicitor acts on behalf of Lisa Charet (Executive Director, Western Sydney Nepean Blue Mountains District) of the Department of Communities and Justice, who is the prosecutor in these proceedings.
In my email to you on 12 March 2021, I set out the terms of the non-publication order as it stood at that time.
When the matter was heard on 26 March 2021, Her Honour Magistrate Richardson made a new non-publication order with respect to each of the proceedings numbers 2020/64253; 2020/64259; 2020/64267; 2020/174823; 2020/174857 and 2020/174876. That order was made pursuant to s. 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW),
in the following terms:
“The matters are subject to an order preventing the publication of the names of the children and the mother and father of the children including [the Defendant] and also information that may lead to the identification of the children referred to in the criminal charges which are the subject of the annulment application.
Terms of order – enduring
Scope of order place – Commonwealth of Australia.”
Unfortunately I cannot provide you with legal advice with respect to the operation of the non publication order currently in place. I strongly suggest that you obtain independent legal advice regarding the matters raised in your email.
Crown Solicitor’s Office
Foot Note: I attended Court on the 26th of March but was asked to leave the court when it was closed, the solicitor for the accused was in the court for another ten minutes and afterwards made no mention to me of any such order being made.