TRANSCRIPTS RELEVANT TO AND USED IN THE HOSER FILES (PARTS OF TRANSCRIPTS CITED) Note: there has been no attempt to order or arrange this lot of transcripts and there are a huge number in this file. They result simply from a disk conversion from an old BBC computer on which they were originally typed and since made into a text file. They are 100 per cent accurate. Please read all information and "codes" at the top of each transcript. To make best use of them we suggest that you search for a name or date and assuming that it exists in this set, you will find it. Most computer word processing programs will allow you to do this. TAPE TRANSCRIPT OF COURT CASE ON 27TH FEBRUARY 1990 OF APPEAL OF BOGUS O'SHANNESSY ASSAULT ASSAULT AND THEFT CHARGES FACED BY HOSER IN THE MELBOURNE COUNTY COURT IN FRONT OF JUDGE KIM. TRANSCRIPT IS DATED, 27/02/90. TAPE IS MARKED (AM). DURATION OF WHOLE CASE WAS ABOUT 30 MINUTES. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT MELBOURNE COUNTY COURT. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. KEY. HOSER = RAYMOND (AKA PHILIP) HOSER KIM = JUDGE KIM BINGLEY = ROSS ALLEN BINGLEY PROSECUTER = POLICE PROSECUTER (BARRISTER) COURT STAFF OFFICER = COURT STAFF OFFICER TRANSCRIPT STARTS NOW #*# (1/176) KIM - Mister Hoser. KIM - You are Philip Hoser. HOSER - That's correct your worship. HOSER - Sorry, do I call you your honour or your worship? PROSECUTER - Your honour KIM - You have instructions for these matters. PROSECUTER - That's correct sir, yes. KIM - Yes (1/188) KIM - The appeal is allowed. KIM - The convictions and sentences of the lower courts are set aside. Thatt's it. HOSER - Ah, your honour, can I just raise a couple of matters in relation to this, please. KIM - Pardon. HOSER - Can I raise a couple of matters in relation to this. KIM - What do you wish to say Mister Hoser. HOSER - I'm after costs. HOSER - And, I want to know, I thought, I could bring that up here and now. Because the case has cost me a huge amount of money. The charges were maliciously laid, and I've got documentation here to back up everything I say. KIM - Your application is for costs for today is it. HOSER - No, costs for the previous case, in relation to the whole thing from the word go, the previous case it went three days in the lower court, it cost me an enormous amount of money to fight, an enormous amount of money in lost income as a result of the case, an enormous amount of money as a result of harassment from the police, just money everywhere, I've itemised it all, I've got a list here, I can give that to you now please. KIM - What you are saying. It would not be usual with a matter before a magistrate's court for an appeal, when costs would ordinarily not be awarded. HOSER - If I can produce to you some documentation here, multiple transcripts of the conversation with the informant immediately following the case, three pages, can I please just, If you read that you'll know exactly what I'm talking about, it's only three pages, or I can read it to the court now, whatever you, KIM - What do you say in response to that (TO PROSECUTER) PROSECUTER - Well the application of Mister Hoser, whatever it is, well in any event it can only be the costs of today, if anything, sir he was properly convicted and quite within the magistrates court, there is no basis for him now to apply for costs in relation to what happened there. The crown didn't lead evidence today sir, because the victim is overseas and is not expected to return to give evidence. HOSER - If I can interrupt there your honour. KIM - Do you accept that as your action Mister Hoser. HOSER - Not entirely, I spoke with a girl who alleged to be the sister of the alleged victim, shortly after the case in question, I bumped into her by accident in a disco of all places and it was by fortutious circumstances that I did come, found out who she was, and she informed me that the alleged victim was overseas, ah, was not overseas, but had in fact returned from her holidays to Greece and Spain prior to her previous case. KIM - You had asked her. KIM - You were proposing to call this person as a witness. HOSER - I was going to. I've issued subpoenas for a number of people, not the sister, but a friend of hers who was going to corroborate the same thing, and um, the situation was that after I was told that they were dropping the charges, I didn't go, I'd came into this place and got the subpoeanas done, after that time I received a letter from the DPP indicating they didn't want to procede so I didn't issue the subpoenas. HOSER - I will quite happy to get into the box now, I have written down in this diary the details of the time and date and all the complete relevant conversation. (1/271) KIM - You can't give evidence of what you were told by somebody else. That would be heresay. HOSER - But I can give evidence as to what I wrote in this diary. KIM - Well just the fact that you wrote it down doesn't make it any more admissable. HOSER - Well getting back to your situation, KIM - Well what was your application for costs. HOSER - All right, in my application for costs, I would still ask that you read this three page document since by not doing so, your not acquainting yourself with the details of the case. KIM - You want to get in the box and give evidence do you? HOSER - On this with this document, yes please. (1/285) KIM - Do you wish to enter the witness box to give evidence in form of the magistrates costs. HOSER - Yes your honour. (HOSER GETS IN BOX) COURT STAFF OFFICER - Silence. What is your full name? HOSER - Philip Jacob Hoser, also known as Raymond Hoser. COURT STAFF OFFICER - Would you raise, have you finished. HOSER - Yes, it's all right. COURT STAFF OFFICER - Would you raise the bible in your right hand and repeat after me. HOSER - Can I do an affirmation instead if possible. COURT STAFF OFFICER - Would ... an affirmation your honour. KIM - MUMBLING COURT STAFF OFFICER - Would you repeat after me. I do solemnly, sincerely and truly, HOSER - I do solemnly, sincerely and truly, COURT STAFF OFFICER - Declare and affirm, HOSER - Declare and affirm, COURT STAFF OFFICER - That the evidence I shall give in this case HOSER - That the evidence I shall give in this case, COURT STAFF OFFICER - Shall be the truth, HOSER - Shall be the truth COURT STAFF OFFICER - The whole truth, HOSER - The whole truth COURT STAFF OFFICER - And nothing but the truth, HOSER - And nothing but the truth, COURT STAFF OFFICER - Thank you. KIM - What is your full name, Mister Hoser. HOSER - Philip Jacob Hoser. KIM - Where do you reside, HOSER - Fourty one, four one, Village Avenue, Doncaster, Victoria. KIM - Which Avenue? HOSER - Village avenue. KIM - Village HOSER - Village. KIM - What's your occupation? HOSER - Author KIM - Your making an application for costs, HOSER - That's correct KIM - And your not only making an application for costs, but you are also seeking costs in relation to the proceedings in the lower court. HOSER - That's correct. KIM - What do you wish to say in relation to the matter. HOSER - Right, if I can just be extremely brief. The case arose from an incident in August or September 1987, when I apprehended a regular fare, taxi fare evader, who evaded paying the fare in my taxi, she jumped and ran, ah, I apprehended her and took her to the St. Kilda police station. She assaulted me, did all the various atrocities that one would expect from that sort of person. The police officer concerned, by the name of Ross Bingley did nothing about the, despite my repeated requests for action to be taken against the fare evader, did nothing about the matter and after about an hour or so of pleading with him to do something I was thrown out of the police station. The fare evader was also known to an RTA inspector by the name of Roger Bowman, KIM - Mister Hoser, I'm told by the crown prosecuter that er, the reason why the crown is leading no evidence today is that the person who is the, HOSER - It would be easier if I could finish, then you could ask me, KIM - Wait a moment Mister Hoser. (1/340) PROSECUTER - The person who is the subject of er, the er, assault and assault by kicking in respect of which you were convicted at the magistrates court is now overseas and that is why there is no evidence being led by the crown today, consequently I've made the order which I have made, now the appeal setting aside the conviction and sentence, now why do you say that that is not correct. HOSER - Now I agree that the conviction should be set aside, I thought we were talking about costs. KIM - Why do you say that it is not correct that the victim, HOSER - No, the alleged victim, KIM - Mister Hoser, why do you say that the person who was the subject of the assault in respect which you were convicted in the lower court is not able to come this time. HOSER - Why, why do I say it. I'll come to that. But you also asked me if I can recall correctly why is this case different to other normal cases and I'll explain that. (1/364) KIM - Mister Hoser would you be good enough to answer my question. HOSER - I will. Well, why, in relation to the lady can I please walk over there and grab the diary and I can find the exact date. HOSER - Thank you, the brown coloured diary, sitting over there, yeh. (1/373) HOSER - You wanted to know about the, the, er, why I think she wasn't overseas, is that correct? KIM - Yes. MUMBLING HOSER - Right, it was on the twenty first of the tenth nineteen, eighty nine, another girl called Laura Jane O'Shannessy, whose name I actually saw on a licence, which made me ask her questions, not on her licence, on a defence department identification, I asked her if she had a sister by the name of Phillipa, and she said yes. I then asked her when she got back, when Phillipa was due to arrive back from overseas, the earlier case was I think August or September last year, and this we're talking on the twenty first of October, this in Inflation nightclub at approximately 2.05 AM, she said that Phillipa O'Shannessy had gone to Greece and Spain and had been back since July and that she hadn't come to court because she didn't want to tell more lies. Now, I then pursued the matter, I, because of the bail conditions, I wasn't allowed to go anywhere near the witness, ah, I did not violate the bail conditions. So I tried to pursue the matter through other avenues, I went through the airlines, and I couldn't get any information from them, the various airline offices throughout the city. I also pursued it through a friend of O'Shannessy's who I picked up in the taxi, by the name of Sally Baker, and I have a transcript of a conversation with her in which we talk about Miss O'Shannessy's habitual fare evasion, how she habitually gets drunk and so on, and I did actually have a subpoena issued for her to appear, but it wasn't issued to her with this quashing business, and she was led to believe also that O'Shannessy had in fact arrived into the country, that was through her brother, David Baker, um, now I have had no further contact with either of them since that period, ah, late September, early October, into November, so, er, now what I, I can't give you any update on the situation from then, furthermore, this girl, Laura Jane O'Shannessy, whose details I wrote down, I was unable to actually verify whether or not she was the sister of alleged victim because I was prohibited by bail conditions from going anywhere near, or having any contact with the alleged victim, which I had no objections to because I had never been near the alleged victim prior anyway, um, so, that was the case in relation to that, but in relation to the case being to another case which is why I am looking for costs is to read out this transcript. This is the conversation between me and the informant, Ross Bingley immediately following the case. Now during the case, there were a number of tape recordings of earlier conversations produced, and, KIM - I'm not going into the merits of the case, HOSER - The case, okay, HOSER - But this is after the case, and if I can read, KIM - Why, why do you reckon this is relevant? HOSER - Because you asked me why this is different to other cases and why you should award me costs, and that's all I'm asking. (1/447) KIM - MUMBLING HOSER - Sorry? KIM - You can proceed. HOSER - Thank you. HOSER - Right, between myself and Bingley. The the, I say, tell me, how much did you pay the judge, Bingley replied heaps, I then question, you paid him heaps, Bingley said, smiling, worth every cent though, sure was mate, I'm very happy, I then asked, So what dealings did you have with Roger Bowman before the case? Bingley said, I can't say Philip, I can't say a thing to you, you've probably got it on tape. I then said, You've done that, bad that time, didn't you, this is in reference to his perjury, Bingley then replied, well who won ay, Philip, who won, I then replied, you might have won this case, but you're gonna lose your job because of this, in relation to the perjury, Bingley then replied, it was inaudible then he says isn't it, I then said gald your pleased, he said very, I then say, you really paid him off, questioning again, and Bingley said oh heaps heaps, I say you did pay him off, Bingley, oh yes, definitely, most definitely, mm, I've got my concerns about the findings of the Fitgerald inquiry, don't you Philip?, I then reply, yes, you'd be the first head to roll, Bingley replied good, go, Bingley then says, Go first, go ar ring my mates up at eye eye dee. I reply at who? Bingley, eye, eye dee, Hoser, whose eye eye dee, Bingley, you don't know? Hoser, I just asked you, whose eye eye dee, Bingley, oh well it's a pity you don't know mate, Hoser you've got done badly didn't you, your up, your probably going to be up for perjury probably now. Bingley, whose doing a month's imprisonment? Then there was inaudible, it appears to be Hoser's and Bingley's voice, Hoser, but did you get done for lying in court, but you did get done for lying in court didn't you, Bingley, Months imprisonment, ah, am I going to prison, am I going to prison, Hoser, you might think it's great putting me in jail, you might think it's really good fun, you do especially, Bingley, because we don't like you, Hoser, why because I do my job, in relation to taxi driving, Bingley, no we just don't like you, Hoser, I'd like to give you a frenzied attack that would leave you with bruising, no bruising, Bingley, yeh, Hoser, I suppose it might query the query the number of coppers who were just conviniently standing by the door watching, Bingley, pardon me, Hoser, about eight more coppers were standing there waching the door, Bingley, Ten, ten, Hoser, why haven't you prosecuted O'Shannessy for fare evasion, Bingley, PROSECUTER - Your honour with some reluctance, I object, it's not relevant. HOSER - If I can just read the final, the final, PROSECUTER - It is my submission, it's not relevant to the application for costs, and at this stage I'd ask the witness to confine himself to those matters. HOSER - Well if I can read the last three or four lines, KIM - Well you read the last three or four lines. HOSER - Then um, I, Hoser, well I think you've certainly done a good job of finishing off my cab driving career, Bingley, oh well, that's that's where I set out to do that. Hoser, well you certainly succeeded, I can't see me driving cabs much longer, Bingley, no mate. That explains the motives of the whole case your honour and as a result of that I seek costs. (1/504) KIM - Any questions you'd like to put. PROSECUTER - Are you able to specify the costs, the amount? HOSER - Yes, yes. HOSER - I can read it out, I can pass you a document while, PROSECUTER - Read it out, HOSER - Right, total costs, twenty two thousand and twenty dollars. PROSECUTER - And, er, how is that made up? HOSER - Right, one thousand five hundred dollars solicitor's costs for the first three days of hearings that's in the lower court, in the lower court, that includes the barrister for all three days and her preparation costs. There are other minor solicitor's costs which I haven't added, I've been conservative throughout here, the costs of typing the transcripts of that case in the lower court um, as there was a large tape recorder placed at the front and we tape recorded the whole case, that cost one thousand five hundred dollars, um, the transcripts are sitting in the bag there so you can see the size of them so you know what I'm talking about. The cost of the tapes used was twenty dollars in that case, it was more but I've written twenty dollars, other direct preparation costs in terms of spent time preparing the case, four thousand dollars, lost income as a result of the last case, and the RTA officer Roger Bowman telling the employer to terminate Hoser's employment as the result of the finding, ten weeks without income, four thousand dollars, I have material here from the employer which says likewise, um, right, ten thousand dollars relating to the cost of theft of equipment and assault by Bingley's friends on the twenty first of the fifth eighty nine at Kew as a result of my complaints to the internal affairs department re that case, and one thousand dollars dollars for the costs of the tape recorders and tapes used witness costs, both units stolen again on twenty first of the fifth eighty nine. No costs here is counted here for the emotional trauma suffered by the real victim of the exercise, namely myself, and as I've written I can document all the expenses neccessary. PROSECUTER - So I take it your not a taxi driver anymore. (1/537) HOSER - That is correct. PROSECUTER - So there's no costs your losing, your not losing any money as a result of being here today. HOSER - Yes I am. I am an author and I can produce you contracts for books that I have to write. Two out of eleven that I have here. (1/539) PROSECUTER - Now at approximately half past ten, you got here late this morning, so, HOSER - As a result of an accident on Bridge Road, that's correct. PROSECUTER - So how much money do you say your losing being here at this stage. HOSER - Well for starters, I issued the subpoeanas, I think there's five subpoeanas I had issued, there was an extraordinary amount of time involved in issuing them, it took me basically virtually a whole day, PROSECUTER - What's the cost? HOSER - The costs of issuing subpoeanas is seventy five cents each, however the cost in relation to running around is er, the time is more valuable than actual stamps, I can assure you, then of course I had to have typed er, I could tell you how many, I think it was about thirty or forty separate transcripts in relation to the case, in relation to police witnesses and so on which I had typed up which I hadn't even itemised the cost yet, but the transcripts are sitting in the bag, which you can have a look at and you costing on your own costings, you can see a huge amount there, and I can produce to you a copy of the book and various material relating to one book and other books as well. KIM - MUMBLING HOSER - Thank you your worship. (1/560) KIM - Is there anything that you wish to say further? HOSER - Yes. I realise that your probably not familar with these sorts of requests, um, or you don't get too many of them, I just ask that er, that you allow the application. KIM - Yes, what do you say to that? PROSECUTER - Well the application of Mister Hoser for the costs involved at the magistrate's court hearing if this man is convicted, there is no basis for him to recover those costs. The costs he can specify for today's hearing involve five subpoeanas worth seventy five cents each and his running around time if your honour is inclined to give him costs in relation to that I won't oppose that, but otherwise I see no basis in my submission for the amount of twenty two thousand nine hundred fifty dollars going fee whatsoever. HOSER - Can I reply your honour. KIM - Yes what do you wish to say. HOSER - Ah, this is one book, where I wrote the definitive work in the field, and obviously I wrote the whole lot. It is approximately er there's fifty or sixty thousand words in this book, which is less than the average, the average book is about eighty thousand words. After the costs, obviously I had costs with producing it, so that after the costs I have twenty one thousand dollars approximately from the print run. I have here contracts for two other books, one on taxi cabs, including some corruption within the industry, and another one on endangered animals of Australia, and there's actually another eleven books which I've been asked to write, which I have contracts, drafts of, at home. Now in relation to the number of words, if I can come over here. KIM - Is it to do with your application. HOSER - Yes it's to do with the costs. Here are some transcripts which I had typed up ready for this case. There's a large number there, if have a quick, do a quick word count you would find there's about eighty thousand words there, which equals one book, and I can assure you that it's harder to have transcripts typed than it is to write a book. Straight out costing you've got twenty thousand there. And, you know that's basically the time involved. Putting it another way, just if you could put yourself in my position, a law abiding citizen doing what he thought has been the right thing throughout the entire case, it is reasonable to expect some sort of compensation for it, a reasonable compensation for it, and in those figures I was conservative, and a friend of mine, Mister "NAME SUPPRESSED" told me to ask for a hundred thousand. So, you know, I know you've probably never been in my position and hopefully you will never be in my position, it's the last thing I would want on anyone, um, but if if you, you know, just if you can in your mind place yourself in my position and you can see the trauma and agony I've been through, and the least I can do is expect some reasonable compensation from the state for the miscarriage of justice or whatever. No malice on anyone, I understand these things happen, but I think it's still reasonable to expect the costs. Thank you. (1/618) KIM - This is an application for costs in respect of an appeal for a conviction of Mister Hoser at the Melbourne Magistrates court, on the twenty first of December nineteen eighty eight. On that date the appellant was convicted of theft and fined three hundred dollars and a hundred and eighty four dollars costs, he was convicted of assault and secondly he was convicted of assault by kicking and sentenced to one months imprisonment. The matter of this hearing was in court today was brought by the crown prosecuter that the crown proposed to be ... Said Phillipa O'Shannessy was overseas. Accordingly I allow the appeal and set aside the convictions and sentences of the lower court. I have no reason not to accept what I was told by the crown prosecuter that Miss Phillipa O'Shannessy is overseas and unable to give evidence at the hearing of the appeal. What I am told by Mister Hoser about a conversation between himself and a police person, I find completely unconvincing in truth. It is not credible evidence. HOSER - Excuse me, your honour, HOSER - They were verified. KIM - ... by costs, of the appellant of costs the application for costs, is not, and cannot be an application for compensation. I can see nothing so far as this particular matter is concerned to award the appellant any order for costs. In my view the usual practice to obtain in this manner, and no order for costs should be made, ... I refuse Mister Hoser. KIM - Yes. (1/673) MUMBLING HOSER PACKING BAGS UP HOSER - Oh, Mister Bingley, how are you? BINGLEY - Go away. WALKING (1/692) HOSER - Have you got the time please? HOSER - Ten to eleven. MALE VOICE - Yeh that's right. END OF TAPE AND TRANSCRIPT (1/712) HOSER IN STREET TAPE TRANSCRIPT OF COURT CASE ON 27TH FEBRUARY 1990 OF APPEAL OF BOGUS ASSAULT ASSAULT AND THEFT CHARGES FACED BY HOSER IN THE MELBOURNE COUNTY COURT IN FRONT OF JUDGE KIM. TRANSCRIPT IS DATED, 27/02/90. TAPE IS MARKED (AM). DURATION OF WHOLE CASE WAS ABOUT 30 MINUTES. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT MELBOURNE COUNTY COURT. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. KEY. HOSER = RAYMOND (AKA PHILIP) HOSER KIM = JUDGE KIM BINGLEY = ROSS ALLEN BINGLEY PROSECUTER = POLICE PROSECUTER (BARRISTER) COURT STAFF OFFICER = COURT STAFF OFFICER TRANSCRIPT STARTS NOW #*# (1/176) KIM - Mister Hoser. KIM - You are Philip Hoser. HOSER - That's correct your worship. HOSER - Sorry, do I call you your honour or your worship? PROSECUTER - Your honour KIM - You have instructions for these matters. PROSECUTER - That's correct sir, yes. KIM - Yes (1/188) KIM - The appeal is allowed. KIM - The convictions and sentences of the lower courts are set aside. Thatt's it. HOSER - Ah, your honour, can I just raise a couple of matters in relation to this, please. KIM - Pardon. HOSER - Can I raise a couple of matters in relation to this. KIM - What do you wish to say Mister Hoser. HOSER - I'm after costs. HOSER - And, I want to know, I thought, I could bring that up here and now. Because the case has cost me a huge amount of money. The charges were maliciously laid, and I've got documentation here to back up everything I say. KIM - Your application is for costs for today is it. HOSER - No, costs for the previous case, in relation to the whole thing from the word go, the previous case it went three days in the lower court, it cost me an enormous amount of money to fight, an enormous amount of money in lost income as a result of the case, an enormous amount of money as a result of harassment from the police, just money everywhere, I've itemised it all, I've got a list here, I can give that to you now please. KIM - What you are saying. It would not be usual with a matter before a magistrate's court for an appeal, when costs would ordinarily not be awarded. HOSER - If I can produce to you some documentation here, multiple transcripts of the conversation with the informant immediately following the case, three pages, can I please just, If you read that you'll know exactly what I'm talking about, it's only three pages, or I can read it to the court now, whatever you, KIM - What do you say in response to that (TO PROSECUTER) PROSECUTER - Well the application of Mister Hoser, whatever it is, well in any event it can only be the costs of today, if anything, sir he was properly convicted and quite within the magistrates court, there is no basis for him now to apply for costs in relation to what happened there. The crown didn't lead evidence today sir, because the victim is overseas and is not expected to return to give evidence. HOSER - If I can interrupt there your honour. KIM - Do you accept that as your action Mister Hoser. HOSER - Not entirely, I spoke with a girl who alleged to be the sister of the alleged victim, shortly after the case in question, I bumped into her by accident in a disco of all places and it was by fortutious circumstances that I did come, found out who she was, and she informed me that the alleged victim was overseas, ah, was not overseas, but had in fact returned from her holidays to Greece and Spain prior to her previous case. KIM - You had asked her. KIM - You were proposing to call this person as a witness. HOSER - I was going to. I've issued subpoenas for a number of people, not the sister, but a friend of hers who was going to corroborate the same thing, and um, the situation was that after I was told that they were dropping the charges, I didn't go, I'd came into this place and got the subpoeanas done, after that time I received a letter from the DPP indicating they didn't want to procede so I didn't issue the subpoenas. HOSER - I will quite happy to get into the box now, I have written down in this diary the details of the time and date and all the complete relevant conversation. (1/271) KIM - You can't give evidence of what you were told by somebody else. That would be heresay. HOSER - But I can give evidence as to what I wrote in this diary. KIM - Well just the fact that you wrote it down doesn't make it any more admissable. HOSER - Well getting back to your situation, KIM - Well what was your application for costs. HOSER - All right, in my application for costs, I would still ask that you read this three page document since by not doing so, your not acquainting yourself with the details of the case. KIM - You want to get in the box and give evidence do you? HOSER - On this with this document, yes please. (1/285) KIM - Do you wish to enter the witness box to give evidence in form of the magistrates costs. HOSER - Yes your honour. (HOSER GETS IN BOX) COURT STAFF OFFICER - Silence. What is your full name? HOSER - Philip Jacob Hoser, also known as Raymond Hoser. COURT STAFF OFFICER - Would you raise, have you finished. HOSER - Yes, it's all right. COURT STAFF OFFICER - Would you raise the bible in your right hand and repeat after me. HOSER - Can I do an affirmation instead if possible. COURT STAFF OFFICER - Would ... an affirmation your honour. KIM - MUMBLING COURT STAFF OFFICER - Would you repeat after me. I do solemnly, sincerely and truly, HOSER - I do solemnly, sincerely and truly, COURT STAFF OFFICER - Declare and affirm, HOSER - Declare and affirm, COURT STAFF OFFICER - That the evidence I shall give in this case HOSER - That the evidence I shall give in this case, COURT STAFF OFFICER - Shall be the truth, HOSER - Shall be the truth COURT STAFF OFFICER - The whole truth, HOSER - The whole truth COURT STAFF OFFICER - And nothing but the truth, HOSER - And nothing but the truth, COURT STAFF OFFICER - Thank you. KIM - What is your full name, Mister Hoser. HOSER - Philip Jacob Hoser. KIM - Where do you reside, HOSER - Fourty one, four one, Village Avenue, Doncaster, Victoria. KIM - Which Avenue? HOSER - Village avenue. KIM - Village HOSER - Village. KIM - What's your occupation? HOSER - Author KIM - Your making an application for costs, HOSER - That's correct KIM - And your not only making an application for costs, but you are also seeking costs in relation to the proceedings in the lower court. HOSER - That's correct. KIM - What do you wish to say in relation to the matter. HOSER - Right, if I can just be extremely brief. The case arose from an incident in August or September 1987, when I apprehended a regular fare, taxi fare evader, who evaded paying the fare in my taxi, she jumped and ran, ah, I apprehended her and took her to the St. Kilda police station. She assaulted me, did all the various atrocities that one would expect from that sort of person. The police officer concerned, by the name of Ross Bingley did nothing about the, despite my repeated requests for action to be taken against the fare evader, did nothing about the matter and after about an hour or so of pleading with him to do something I was thrown out of the police station. The fare evader was also known to an RTA inspector by the name of Roger Bowman, KIM - Mister Hoser, I'm told by the crown prosecuter that er, the reason why the crown is leading no evidence today is that the person who is the, HOSER - It would be easier if I could finish, then you could ask me, KIM - Wait a moment Mister Hoser. (1/340) PROSECUTER - The person who is the subject of er, the er, assault and assault by kicking in respect of which you were convicted at the magistrates court is now overseas and that is why there is no evidence being led by the crown today, consequently I've made the order which I have made, now the appeal setting aside the conviction and sentence, now why do you say that that is not correct. HOSER - Now I agree that the conviction should be set aside, I thought we were talking about costs. KIM - Why do you say that it is not correct that the victim, HOSER - No, the alleged victim, KIM - Mister Hoser, why do you say that the person who was the subject of the assault in respect which you were convicted in the lower court is not able to come this time. HOSER - Why, why do I say it. I'll come to that. But you also asked me if I can recall correctly why is this case different to other normal cases and I'll explain that. (1/364) KIM - Mister Hoser would you be good enough to answer my question. HOSER - I will. Well, why, in relation to the lady can I please walk over there and grab the diary and I can find the exact date. HOSER - Thank you, the brown coloured diary, sitting over there, yeh. (1/373) HOSER - You wanted to know about the, the, er, why I think she wasn't overseas, is that correct? KIM - Yes. MUMBLING HOSER - Right, it was on the twenty first of the tenth nineteen, eighty nine, another girl called Laura Jane O'Shannessy, whose name I actually saw on a licence, which made me ask her questions, not on her licence, on a defence department identification, I asked her if she had a sister by the name of Phillipa, and she said yes. I then asked her when she got back, when Phillipa was due to arrive back from overseas, the earlier case was I think August or September last year, and this we're talking on the twenty first of October, this in Inflation nightclub at approximately 2.05 AM, she said that Phillipa O'Shannessy had gone to Greece and Spain and had been back since July and that she hadn't come to court because she didn't want to tell more lies. Now, I then pursued the matter, I, because of the bail conditions, I wasn't allowed to go anywhere near the witness, ah, I did not violate the bail conditions. So I tried to pursue the matter through other avenues, I went through the airlines, and I couldn't get any information from them, the various airline offices throughout the city. I also pursued it through a friend of O'Shannessy's who I picked up in the taxi, by the name of Sally Baker, and I have a transcript of a conversation with her in which we talk about Miss O'Shannessy's habitual fare evasion, how she habitually gets drunk and so on, and I did actually have a subpoena issued for her to appear, but it wasn't issued to her with this quashing business, and she was led to believe also that O'Shannessy had in fact arrived into the country, that was through her brother, David Baker, um, now I have had no further contact with either of them since that period, ah, late September, early October, into November, so, er, now what I, I can't give you any update on the situation from then, furthermore, this girl, Laura Jane O'Shannessy, whose details I wrote down, I was unable to actually verify whether or not she was the sister of alleged victim because I was prohibited by bail conditions from going anywhere near, or having any contact with the alleged victim, which I had no objections to because I had never been near the alleged victim prior anyway, um, so, that was the case in relation to that, but in relation to the case being to another case which is why I am looking for costs is to read out this transcript. This is the conversation between me and the informant, Ross Bingley immediately following the case. Now during the case, there were a number of tape recordings of earlier conversations produced, and, KIM - I'm not going into the merits of the case, HOSER - The case, okay, HOSER - But this is after the case, and if I can read, KIM - Why, why do you reckon this is relevant? HOSER - Because you asked me why this is different to other cases and why you should award me costs, and that's all I'm asking. (1/447) KIM - MUMBLING HOSER - Sorry? KIM - You can proceed. HOSER - Thank you. HOSER - Right, between myself and Bingley. The the, I say, tell me, how much did you pay the judge, Bingley replied heaps, I then question, you paid him heaps, Bingley said, smiling, worth every cent though, sure was mate, I'm very happy, I then asked, So what dealings did you have with Roger Bowman before the case? Bingley said, I can't say Philip, I can't say a thing to you, you've probably got it on tape. I then said, You've done that, bad that time, didn't you, this is in reference to his perjury, Bingley then replied, well who won ay, Philip, who won, I then replied, you might have won this case, but you're gonna lose your job because of this, in relation to the perjury, Bingley then replied, it was inaudible then he says isn't it, I then said gald your pleased, he said very, I then say, you really paid him off, questioning again, and Bingley said oh heaps heaps, I say you did pay him off, Bingley, oh yes, definitely, most definitely, mm, I've got my concerns about the findings of the Fitgerald inquiry, don't you Philip?, I then reply, yes, you'd be the first head to roll, Bingley replied good, go, Bingley then says, Go first, go ar ring my mates up at eye eye dee. I reply at who? Bingley, eye, eye dee, Hoser, whose eye eye dee, Bingley, you don't know? Hoser, I just asked you, whose eye eye dee, Bingley, oh well it's a pity you don't know mate, Hoser you've got done badly didn't you, your up, your probably going to be up for perjury probably now. Bingley, whose doing a month's imprisonment? Then there was inaudible, it appears to be Hoser's and Bingley's voice, Hoser, but did you get done for lying in court, but you did get done for lying in court didn't you, Bingley, Months imprisonment, ah, am I going to prison, am I going to prison, Hoser, you might think it's great putting me in jail, you might think it's really good fun, you do especially, Bingley, because we don't like you, Hoser, why because I do my job, in relation to taxi driving, Bingley, no we just don't like you, Hoser, I'd like to give you a frenzied attack that would leave you with bruising, no bruising, Bingley, yeh, Hoser, I suppose it might query the query the number of coppers who were just conviniently standing by the door watching, Bingley, pardon me, Hoser, about eight more coppers were standing there waching the door, Bingley, Ten, ten, Hoser, why haven't you prosecuted O'Shannessy for fare evasion, Bingley, PROSECUTER - Your honour with some reluctance, I object, it's not relevant. HOSER - If I can just read the final, the final, PROSECUTER - It is my submission, it's not relevant to the application for costs, and at this stage I'd ask the witness to confine himself to those matters. HOSER - Well if I can read the last three or four lines, KIM - Well you read the last three or four lines. HOSER - Then um, I, Hoser, well I think you've certainly done a good job of finishing off my cab driving career, Bingley, oh well, that's that's where I set out to do that. Hoser, well you certainly succeeded, I can't see me driving cabs much longer, Bingley, no mate. That explains the motives of the whole case your honour and as a result of that I seek costs. (1/504) KIM - Any questions you'd like to put. PROSECUTER - Are you able to specify the costs, the amount? HOSER - Yes, yes. HOSER - I can read it out, I can pass you a document while, PROSECUTER - Read it out, HOSER - Right, total costs, twenty two thousand and twenty dollars. PROSECUTER - And, er, how is that made up? HOSER - Right, one thousand five hundred dollars solicitor's costs for the first three days of hearings that's in the lower court, in the lower court, that includes the barrister for all three days and her preparation costs. There are other minor solicitor's costs which I haven't added, I've been conservative throughout here, the costs of typing the transcripts of that case in the lower court um, as there was a large tape recorder placed at the front and we tape recorded the whole case, that cost one thousand five hundred dollars, um, the transcripts are sitting in the bag there so you can see the size of them so you know what I'm talking about. The cost of the tapes used was twenty dollars in that case, it was more but I've written twenty dollars, other direct preparation costs in terms of spent time preparing the case, four thousand dollars, lost income as a result of the last case, and the RTA officer Roger Bowman telling the employer to terminate Hoser's employment as the result of the finding, ten weeks without income, four thousand dollars, I have material here from the employer which says likewise, um, right, ten thousand dollars relating to the cost of theft of equipment and assault by Bingley's friends on the twenty first of the fifth eighty nine at Kew as a result of my complaints to the internal affairs department re that case, and one thousand dollars dollars for the costs of the tape recorders and tapes used witness costs, both units stolen again on twenty first of the fifth eighty nine. No costs here is counted here for the emotional trauma suffered by the real victim of the exercise, namely myself, and as I've written I can document all the expenses neccessary. PROSECUTER - So I take it your not a taxi driver anymore. (1/537) HOSER - That is correct. PROSECUTER - So there's no costs your losing, your not losing any money as a result of being here today. HOSER - Yes I am. I am an author and I can produce you contracts for books that I have to write. Two out of eleven that I have here. (1/539) PROSECUTER - Now at approximately half past ten, you got here late this morning, so, HOSER - As a result of an accident on Bridge Road, that's correct. PROSECUTER - So how much money do you say your losing being here at this stage. HOSER - Well for starters, I issued the subpoeanas, I think there's five subpoeanas I had issued, there was an extraordinary amount of time involved in issuing them, it took me basically virtually a whole day, PROSECUTER - What's the cost? HOSER - The costs of issuing subpoeanas is seventy five cents each, however the cost in relation to running around is er, the time is more valuable than actual stamps, I can assure you, then of course I had to have typed er, I could tell you how many, I think it was about thirty or forty separate transcripts in relation to the case, in relation to police witnesses and so on which I had typed up which I hadn't even itemised the cost yet, but the transcripts are sitting in the bag, which you can have a look at and you costing on your own costings, you can see a huge amount there, and I can produce to you a copy of the book and various material relating to one book and other books as well. KIM - MUMBLING HOSER - Thank you your worship. (1/560) KIM - Is there anything that you wish to say further? HOSER - Yes. I realise that your probably not familar with these sorts of requests, um, or you don't get too many of them, I just ask that er, that you allow the application. KIM - Yes, what do you say to that? PROSECUTER - Well the application of Mister Hoser for the costs involved at the magistrate's court hearing if this man is convicted, there is no basis for him to recover those costs. The costs he can specify for today's hearing involve five subpoeanas worth seventy five cents each and his running around time if your honour is inclined to give him costs in relation to that I won't oppose that, but otherwise I see no basis in my submission for the amount of twenty two thousand nine hundred fifty dollars going fee whatsoever. HOSER - Can I reply your honour. KIM - Yes what do you wish to say. HOSER - Ah, this is one book, where I wrote the definitive work in the field, and obviously I wrote the whole lot. It is approximately er there's fifty or sixty thousand words in this book, which is less than the average, the average book is about eighty thousand words. After the costs, obviously I had costs with producing it, so that after the costs I have twenty one thousand dollars approximately from the print run. I have here contracts for two other books, one on taxi cabs, including some corruption within the industry, and another one on endangered animals of Australia, and there's actually another eleven books which I've been asked to write, which I have contracts, drafts of, at home. Now in relation to the number of words, if I can come over here. KIM - Is it to do with your application. HOSER - Yes it's to do with the costs. Here are some transcripts which I had typed up ready for this case. There's a large number there, if have a quick, do a quick word count you would find there's about eighty thousand words there, which equals one book, and I can assure you that it's harder to have transcripts typed than it is to write a book. Straight out costing you've got twenty thousand there. And, you know that's basically the time involved. Putting it another way, just if you could put yourself in my position, a law abiding citizen doing what he thought has been the right thing throughout the entire case, it is reasonable to expect some sort of compensation for it, a reasonable compensation for it, and in those figures I was conservative, and a friend of mine, Mister "NAME SUPPRESSED" told me to ask for a hundred thousand. So, you know, I know you've probably never been in my position and hopefully you will never be in my position, it's the last thing I would want on anyone, um, but if if you, you know, just if you can in your mind place yourself in my position and you can see the trauma and agony I've been through, and the least I can do is expect some reasonable compensation from the state for the miscarriage of justice or whatever. No malice on anyone, I understand these things happen, but I think it's still reasonable to expect the costs. Thank you. (1/618) KIM - This is an application for costs in respect of an appeal for a conviction of Mister Hoser at the Melbourne Magistrates court, on the twenty first of December nineteen eighty eight. On that date the appellant was convicted of theft and fined three hundred dollars and a hundred and eighty four dollars costs, he was convicted of assault and secondly he was convicted of assault by kicking and sentenced to one months imprisonment. The matter of this hearing was in court today was brought by the crown prosecuter that the crown proposed to be ... Said Phillipa O'Shannessy was overseas. Accordingly I allow the appeal and set aside the convictions and sentences of the lower court. I have no reason not to accept what I was told by the crown prosecuter that Miss Phillipa O'Shannessy is overseas and unable to give evidence at the hearing of the appeal. What I am told by Mister Hoser about a conversation between himself and a police person, I find completely unconvincing in truth. It is not credible evidence. HOSER - Excuse me, your honour, HOSER - They were verified. KIM - ... by costs, of the appellant of costs the application for costs, is not, and cannot be an application for compensation. I can see nothing so far as this particular matter is concerned to award the appellant any order for costs. In my view the usual practice to obtain in this manner, and no order for costs should be made, ... I refuse Mister Hoser. KIM - Yes. (1/673) MUMBLING HOSER PACKING BAGS UP HOSER - Oh, Mister Bingley, how are you? BINGLEY - Go away. WALKING (1/692) HOSER - Have you got the time please? HOSER - Ten to eleven. MALE VOICE - Yeh that's right. END OF TAPE AND TRANSCRIPT (1/712) HOSER IN STREET TAPE TRANSCRIPT OF CONVERSATION BETWEEN THE FOLLOWING TWO PEOPLE, RAYMOND HOSER AND STEVE GORDON, COMMISSIONER FOR ABORIGINALS (NSW WESTERN REGION). TRANSCRIPT IS DATED, 27/3/92 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE IN TAXI WHEN PROCEEDING ON THE SCOND LEG OF A TRIP FROM THORNBURY TO MELBOURNE AIRPORT. THE FIRST LEG OF THE TRIP WAS FROM THE CITY TO THORNBURY AND WASN'T TAPE RECORDED. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. KEY. HOSER = RAYMOND HOSER GORDON = STEVE GORDON TRANSCRIPT STARTS NOW BORN IN BREWARRINA, (1/035) ADMITS TO UNDERWORLD PAST #*# (1/047) GORDON - Involved with everything, mate everything, everything. #*# (1/085) GORDON - I knew he was an ex-crim, you only had to look at him. HOSER - You can tell if they're a crim just by looking at them? GORDON - Oh yeh, fucking oath. HOSER - How, GORDON - MUMBLING #*# (1/107) HOSER - So what were you bringing in didgeridoos? GORDON - Gold. HOSER - Gold? GORDON - Mmm. HOSER - So this was smuggled gold. GORDON - Yeh, lots of it. HOSER - But can't you just buy gold anyway? GORDON - No, we had a lot to ship in. You see. HOSER - But why don't you just sell it normally? GORDON - It was stolen you see. HOSER - Sorry. GORDON - Knocked off, millions and millions of dollars worth. #*# (1/125) HOSER - And you'd stick it in didgeridoos? GORDON - Mmm. HOSER - LAUGHTER HOSER - And what about. Did you smuggle wildlife too? Birds and stuff. GORDON - Oh yeh GORDON DETAILS HOW HE ACTED AS A MIDDLE MAN IN THE BIRD SMUGGLING RACKET PICKING UP BIRDS FROM SOME PEOPLE AND TAKING THEM TO OTHERS AND COLLECTING MONEY. GORDON - Well I used to pick them up off different people and drop them with certain blokes and blokes would pick them up and I'd pick the money up. HOSER - Ah so you were like the middle man in the chain. GORDON - Yeh, that's it. Only a small way that way. HOSER - How long ago was that? GORDON - Oh, six or nine years ago. #*# (1/153) HOSER - So what did Farquhar, Farquhar had something to do with Jack Giles. GORDON - Yeh, oh, he was a bad man, that Murray Farquhar. HOSER - Such as what did he do? GORDON - Oh he was a magistrate and he was involved with the head figures in the underworld movement. HOSER - How did he get to be a magistrate if he was a head figure of the underworld or vice versa. GORDON - I don't know mate. I couldn't tell you that. He just was. Mmm a terrible man. Ah all those crooks, big Russ Hinze, and Joe Bjelkie Peterson and theyre all crooks mate, ... MUMBLING HOSER - Their's a lot of crooks in government. (1/170) HOSER - So you was trapping the birds and shipping them out. GORDON - Mmm. No I was just trapping them and blokes were buying them see. HOSER - Was he to do with the wildlife department, were people from the wildlife department buying the birds. GORDON - Yes. HOSER - They were. GORDON - Mmm. National Parks and Wildlife were increadible, um, they were very corrupt them National Parks. Big name big money. One of the detectives he was involved National Parks, he was a wildlife detective, he made some money, he died of Cancer in the end. HOSER - Clive Jones. GORDON - No. HOSER - Did you know Clive Jones. GORDON - No I don't. HOSER - MUMBLING How many years ago was that in time. GORDON - Oh mate, might have been ten years, eight years. HOSER - Who was it, what was his name? GORDON - Oh, well I wouldn't tell you. HOSER - I probably know this bloke. I dealt with them. HOSER - Clive Jones, Terry Hill? GORDON - Know a bloke called Jack Giles or something, Jack Giles yes. GORDON - Did you used to work in National Parks or something? HOSER - Yeh, well I've worked with them, I've worked with them. Oh Jack Giles, um I could tell you more about Jack Giles than you've ever knew. GORDON - He was only a small fly though Jack. HOSER - How do you mean. GORDON - Like in the MUMBLING GORDON - ... Jack Giles, he was running the Kangaroo industry. HOSER - How do you mean, what was he doing there. GORDON - Oh he was buying them all. People couldn't get into their licences, and who knows what and offering him twenty grand to National Parks, MUMBLING HOSER - MUMBLING GORDON - No, to keep people out of the industry. Well Knagaroos are worth a lot of money, Kangaroo meat and skins. HOSER - Yeh. So that was his main racket. GORDON - Yeh. HOSER - What about the bird stuff, was Giles in that? GORDON - No that was another bloke. HOSER - Don Johnstone? (1/221) GORDON - Yeh. HOSER - You knew Johnstone? GORDON - I knew Johnstone well. HOSER - MUMBLING GORDON - MUMBLING HOSER - So he was worse than Giles? GORDON - Oh shit yeh. GORDON - I just can't think of the guy's name before him, before Johnstone. HOSER - What the director. GORDON - Yeh. HOSER - He was worse than Johnstone. GORDON - Oh yeh. HOSER - The guy before Johnstone was worse. GORDON - Yeh, yeh. GORDON - MUMBLING a couple of murders. HOSER - Sorry. GORDON - ... a couple of murders, GORDON - ... the National Parks people, at the time. HOSER - The National Parks have murdered a couple of people. GORDON - Yeh. HOSER - Tell me why? (1/239) GORDON - A couple of people were murdered yeh. HOSER - What, why? GORDON - They put him in the mincer them, one bloke I've seen him. HOSER - They put one bloke through a mincer? GORDON - Mmm HOSER - Shit, the National Parks and Wildlife Guys, GORDON - Mmm HOSER - Put the guys through the pet food mincer. GORDON - Yeh. HOSER - What was that for? GORDON - Oh he knew too much about them I s'pose. HOSER - Oh, so they just ended up with this man's body and sold it as pet food. GORDON - Mmm. HOSER - Now whose time was that in? Was that in Giles' and Johnstone's time or before that. GORDON - Just before. HOSER - Before that. GORDON - MUMBLING HOSER - MUMBLING (270) GORDON - MUMBLING ... certain people and um killed em see, another two blokes got drownded, they were run into a Dam, two old blokes, old Judd brothers. HOSER - Their name was Judd. GORDON - Judd brothers in Bourke. GORDON - They found their bodies in the dam about five or six years after that, they'd drive home every afternoon from the North Bourke pub on, and um, they come into the same stuff I did. HOSER - What the wildlife people were doing things they shouldn't be doing. GORDON - Yeh, and they get these blokes and they knocked them off and they put em in the dam see. And they put all the grog in the car, but they didn't drink see. ... beer whisky and stuff. HOSER - The blokes didn't drink. GORDON - Not a lot of beer, now and again you know, not as if you drunk a lot, two middies or something like that, yeh. HOSER - So what they did they loaded the car up with grog to cover it. GORDON - Yeh. HOSER - Oh right. GORDON - And then they they had a big white ah what do you call it car, not fairlane, big LTD, HOSER - And the wildlife blokes did that. GORDON - Yeh. And they finished them, put them in the dam, drowned them and they were there for years after that and I knew they were in there and another bloke they knocked off at Saint George and I was the next bloke, and I bowed out. HOSER - Really, shit. Who was the bloke they knocked off. GORDON - That was the bloke they put in the mincer. HOSER - You were saying they put him in the mincer. GORDON - Mmm, mmm. HOSER - Shit. GORDON - Oh yeh mate. HOSER - And even the bird blokes too. GORDON - Yeh, and the woman's never, the police never got none of this yet you know. HOSER - They never got on to any of it? GORDON - Oh no, no, no, GORDON - I was gone. If I'd have said any more I'd have been gone. HOSER - MUMBLING GORDON - ... three people, the two Judd brothers and a mate of mine. HOSER - Jadd, Jay Ay Dee Dee, GORDON - Judd brothers. But no one ever pinned their deaths to them before. Oh they said they got drunk and they drove their car into a dam. Why would you drive your car into a Dam. And they'd drive home for years and years, and they'd drive home to their house. HOSER - Apart of course for the fact that they didn't drink. GORDON - Didn't drink...years after. HOSER - And then what about um, so the parks and wildlife blokes bumped them off. GORDON - Mmm. HOSER - And was this Johnstone and Giles and their mates or someone else? GORDON - No, see I wouldn't tell you, you know too much about National Parks, see. HOSER - MUMBLING GORDON - MUMBLING HOSER - So they got bumped off and you were next in line. GORDON - Yes. HOSER - So they said you shut up and we'll leave you alone. GORDON - Yeh. HOSER - So you shut up and they left you alone. GORDON - Yeh. HOSER - Fair enough. GORDON - Well I come to Saint George and see where they put a mate of mine through the mincer and my feet went up. HOSER - That's Saint George in Queensland. GORDON - Mmm. HOSER - Oh right, so they put him through the mincer in Saint George. HOSER - They showed you them doing it? GORDON - Well I've seen some things that were things of, parts of human. HOSER - So you knew it was him. GORDON - Oh yeh. His boots on the floor, everything see. They were mixing it up with other meat see. GORDON - I got real sick you know, I stopped dead in my tracks and I just walked off, ... HOSER - What was the actual scandal, like with, which particular one was it that they were worried about at the time. GORDON - What do you mean. HOSER - Like you've told me all bits of things like gold and birds and kangaroo meat, but obviously you weren't doing everything at once, right. GORDON - No. HOSER - Which particular one was it. At the time was it Kangaroos was it birds or what? GORDON - Oh, I don't know which.... HOSER - Was he to do with the wildlife department, were people from the wildlife department buying the birds. GORDON - Yes. HOSER - They were. GORDON - Mmm. National Parks and Wildlife were increadible, um, they were very corrupt them National Parks. Big name big money. One of the detectives he was involved National Parks, he was a wildlife detective, he made some money, he died of Cancer in the end. HOSER - Clive Jones. GORDON - No. HOSER - Did you know Clive Jones. GORDON - No I don't. HOSER - MUMBLING How many years ago was that in time. GORDON - Oh mate, might have been ten years, eight years. HOSER - Who was it, what was his name? GORDON - Oh, well I wouldn't tell you. HOSER - I probably know this bloke. I dealt with them. HOSER - Clive Jones, Terry Hill? GORDON - Know a bloke called Jack Giles or something, Jack Giles yes. GORDON - Did you used to work in National Parks or something? HOSER - Yeh, well I've worked with them, I've worked with them. Oh Jack Giles, um I could tell you more about Jack Giles than you've ever knew. GORDON - He was only a small fly though Jack. HOSER - How do you mean. GORDON - Like in the MUMBLING GORDON - ... Jack Giles, he was running the Kangaroo industry. HOSER - How do you mean, what was he doing there. GORDON - Oh he was buying them all. People couldn't get into their licences, and who knows what and offering him twenty grand to National Parks, MUMBLING HOSER - MUMBLING GORDON - No, to keep people out of the industry. Well Knagaroos are worth a lot of money, Kangaroo meat and skins. HOSER - Yeh. So that was his main racket. GORDON - Yeh. HOSER - What about the bird stuff, was Giles in that? GORDON - No that was another bloke. HOSER - Don Johnstone? (1/221) GORDON - Yeh. HOSER - You knew Johnstone? GORDON - I knew Johnstone well. HOSER - MUMBLING GORDON - MUMBLING HOSER - So he was worse than Giles? GORDON - Oh shit yeh. GORDON - I just can't think of the guy's name before him, before Johnstone. HOSER - What the director. GORDON - Yeh. HOSER - He was worse than Johnstone. GORDON - Oh yeh. HOSER - The guy before Johnstone was worse. GORDON - Yeh, yeh. GORDON - MUMBLING a couple of murders. HOSER - Sorry. GORDON - ... a couple of murders, GORDON - ... the National Parks people, at the time. HOSER - The National Parks have murdered a couple of people. GORDON - Yeh. HOSER - Tell me why? (1/239) GORDON - A couple of people were murdered yeh. HOSER - What, why? GORDON - They put him in the mincer them, one bloke I've seen him. HOSER - They put one bloke through a mincer? GORDON - Mmm HOSER - Shit, the National Parks and Wildlife Guys, GORDON - Mmm HOSER - Put the guys through the pet food mincer. GORDON - Yeh. HOSER - What was that for? GORDON - Oh he knew too much about them I s'pose. HOSER - Oh, so they just ended up with this man's body and sold it as pet food. GORDON - Mmm. HOSER - Now whose time was that in? Was that in Giles' and Johnstone's time or before that. GORDON - Just before. HOSER - Before that. GORDON - MUMBLING HOSER - MUMBLING (270) GORDON - MUMBLING ... certain people and um killed em see, another two blokes got drownded, they were run into a Dam, two old blokes, old Judd brothers. HOSER - Their name was Judd. GORDON - Judd brothers in Bourke. GORDON - They found their bodies in the dam about five or six years after that, they'd drive home every afternoon from the North Bourke pub on, and um, they come into the same stuff I did. HOSER - What the wildlife people were doing things they shouldn't be doing. GORDON - Yeh, and they get these blokes and they knocked them off and they put em in the dam see. And they put all the grog in the car, but they didn't drink see. ... beer whisky and stuff. HOSER - The blokes didn't drink. GORDON - Not a lot of beer, now and again you know, not as if you drunk a lot, two middies or something like that, yeh. HOSER - So what they did they loaded the car up with grog to cover it. GORDON - Yeh. HOSER - Oh right. GORDON - And then they they had a big white ah what do you call it car, not fairlane, big LTD, HOSER - And the wildlife blokes did that. GORDON - Yeh. And they finished them, put them in the dam, drowned them and they were there for years after that and I knew they were in there and another bloke they knocked off at Saint George and I was the next bloke, and I bowed out. HOSER - Really, shit. Who was the bloke they knocked off. GORDON - That was the bloke they put in the mincer. HOSER - You were saying they put him in the mincer. GORDON - Mmm, mmm. HOSER - Shit. GORDON - Oh yeh mate. HOSER - And even the bird blokes too. GORDON - Yeh, and the woman's never, the police never got none of this yet you know. HOSER - They never got on to any of it? GORDON - Oh no, no, no, GORDON - I was gone. If I'd have said any more I'd have been gone. HOSER - MUMBLING GORDON - ... three people, the two Judd brothers and a mate of mine. HOSER - Jadd, Jay Ay Dee Dee, GORDON - Judd brothers. But no one ever pinned their deaths to them before. Oh they said they got drunk and they drove their car into a dam. Why would you drive your car into a Dam. And they'd drive home for years and years, and they'd drive home to their house. HOSER - Apart of course for the fact that they didn't drink. GORDON - Didn't drink...years after. HOSER - And then what about um, so the parks and wildlife blokes bumped them off. GORDON - Mmm. HOSER - And was this Johnstone and Giles and their mates or someone else? GORDON - No, see I wouldn't tell you, you know too much about National Parks, see. HOSER - MUMBLING GORDON - MUMBLING HOSER - So they got bumped off and you were next in line. GORDON - Yes. HOSER - So they said you shut up and we'll leave you alone. GORDON - Yeh. HOSER - So you shut up and they left you alone. GORDON - Yeh. HOSER - Fair enough. GORDON - Well I come to Saint George and see where they put a mate of mine through the mincer and my feet went up. HOSER - That's Saint George in Queensland. GORDON - Mmm. HOSER - Oh right, so they put him through the mincer in Saint George. HOSER - They showed you them doing it? GORDON - Well I've seen some things that were things of, parts of human. HOSER - So you knew it was him. GORDON - Oh yeh. His boots on the floor, everything see. They were mixing it up with other meat see. GORDON - I got real sick you know, I stopped dead in my tracks and I just walked off, ... HOSER - What was the actual scandal, like with, which particular one was it that they were worried about at the time. GORDON - What do you mean. HOSER - Like you've told me all bits of things like gold and birds and kangaroo meat, but obviously you weren't doing everything at once, right. GORDON - No. HOSER - Which particular one was it. At the time was it Kangaroos was it birds or what? GORDON - Oh, I don't know which.... (1/340) HOSER - they were interested in both lots, so it was Kangaroos and birds they were worried about. GORDON - It was mainly Kangaroos though mate. HOSER - Mainly Kangaroo stuff. GORDON - Mmm, mm. HOSER - So maybe handing out the licences and stuff, that's where the problems were. GORDON - Yeh, yeh, to keep other people out of the industry and controll it you see. HOSER - To keep others out of the industry and control it within those. GORDON - National Parks, yeh. HOSER - Oh, GORDON - Big quotas and all that stuff, you know, things like that, and they would just get twenty or thirty thousand dollars for the directors, and, HOSER - So the standard practice was that the only way you could get into the industry was to give money to the director. GORDON - Oh you couldn't get in brother, you couldn't make that much money, you couldn't get in. They wouldn't let you in. And they had standover tactics, ... HOSER - So you had to give the director money to get your licences. GORDON - Yeh. To get into old fellas and big stuff, not the shit you know. HOSER - So you had to give money to the director to get in. GORDON - Yeh. HOSER - Are we going back to something like 1980. GORDON - Yeh. HOSER - So the guy before Johnstone was worse than Johnstone. GORDON - Yeh. HOSER - And Johnstone was still bad. GORDON - Yeh. HOSER - Do you know his successor Whitehouse? GORDON - Johnstone' successor? HOSER - Yeh, Whitehouse. GORDON - Oh I think I might have got out of it by then mate, I think so, I know the name though... #*# (1/372) HOSER - Terry Hill? GORDON - Terry, yeh, yeh. HOSER - You know Terry Hill? GORDON - Yeh, HOSER - So what was he up to. GORDON - Oh, I couldn't tell you much about Terry but I knew him, though like he was a very cunning man he was. HOSER - Did he get involved in all these rackets as well. GORDON - Mmm. See I had a mate who was really involved in a lot of stuff and I used to see him in motel rooms and I used to alk to him a lot on the phone and making deals, HOSER - A wildlife bloke. GORDON - No he was a real heavy in the underworld. And he used to give me a few shit jobs and stuff, ... I used to get around with him a bit. #*# (1/389) HOSER - But Giles was small fry compared with Johnstone. GORDON - Oh yeh, yeh. HOSER - But Giles was into it. GORDON - Yeh, yeh. GORDON - He was Johnstone's junior ... HOSER - So him and Johnstone would work togeather. GORDON - Yeh. HOSER - So their main role was like collecting the bribes to um, um, issue the licences to the right people. GORDON - Yeh, to keep people out, cover up and, if officers went to a bloke and found things they shouldn't have found, like birds or fucking Kangaroos red Kangaroos, over licences, they'd bypass it. HOSER - Ah, GORDON - Things like that. #*# (1/424) GORDON - I get a hundred and seven thousand a year plus expenses. HOSER - Really? Can you get me a job there. #*# (1/452) GORDON - Never had no criminal charges. #*# (1/476) GORDON ALLEGES THAT ABE SAFFRON THREATENED TO KILL HIM IF HE WENT TO THE MEDIA AS PLANNED THE NEXT DAY. GORDON WAS STAYING AT THE RUSHCUTTER'S BAY TRAVELLODGE. GORDON ALSO STATED THAT HE DELIBERATELY LOST A CASE AGAINST NPWS/NSW AFTER ABE SAFFRON MET HIM OUTSIDE THE COURT AND TOLD HIM TO LOSE THE CASE. GORDON STATED THAT ABE SAFFRON WAS ON THE SAME SIDE AS NPWS. THE CASE WAS HELD AT A SYDNEY CITY MAGISTRATE'S COURT. GORDON SAID 'I WAS SHITTING MYSELF' TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, ALAN "NAME SUPPRESSED", RAYMOND (AKA PHILIP) HOSER, GEORGE OLSEN AND DERRY ASHTON. TRANSCRIPT IS DATED, 1/11/90 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT RUSSELL STREET MAGISTRATE'S COURT, MELBOURNE, VICTORIA, AUSTRALIA. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. TAPE DURATION IS ABOUT 60 MINUTES AND TAKEN FROM TWO SIDES OF A MICRO TAPE. BELOW IS EXCERPTS OF KEY PARTS OF TAPE INCLUDING ALL CONVERSATION WITH GEORGE OLSEN AND DERRY ASHTON. KEY. "NAME SUPPRESSED" = ALAN ANTHONY "NAME SUPPRESSED" HOSER = RAYMOND (AKA PHILIP) HOSER OLSEN = GEORGE OLSEN ASHTON = DERRY ASHTON TRANSCRIPT STARTS NOW (1/011) HOSER AND "NAME SUPPRESSED" GO INTO COURT BUILDING (1/113) OLSEN - Mister Hoser, how are you this morning. HOSER - Fine, how are you. OLSEN - Not to bad. That's for you. OLSEN HANDS HOSER AN ENVELOPE CONTAINING A LETTER FROM ASHTON. HOSER - Another one. OLSEN - Yep OLSEN - Have a good day. (1/122) HOSER - Excuse me, this letter. ASHTON - I'll kill you. HOSER - Hey, that's assault. HOSER - Do you want another assault charge do you. (1/128) HOSER - Dee Why Dee Tripple Oh. ASHTON DRIVES OFF "NAME SUPPRESSED" - See something then. OLSEN RUNS OFF TO HIS CAR PARKED IN LATROBE STREET NO MORE CONVERSATION WITH OLSEN OR ASHTON EXCERPTS OF THIS TAPE END TRANSCRIPT IS DATED, 1/11/90 (AM) OLSEN - Mister Hoser, how are you this morning. HOSER - Fine, how are you. OLSEN - Not to bad. That's for you. HOSER - Another one. OLSEN - Yep OLSEN - Have a good day. HOSER - Excuse me, this letter. ASHTON - I'll kill you. HOSER - Hey, that's assault. HOSER - Do you want another assault charge do you. HOSER - Dee Why Dee Tripple Oh. "NAME SUPPRESSED" - See something then. NO FURTHER CONVERSATION BETWEEN OLSEN, ASHTON AND HOSER/"NAME SUPPRESSED". TAPE TRANSCRIPT OF CONVERSATION ON 3RD JANUARY 1992 BETWEEN RAYMOND HOSER, AND PAUL ORANGE A REPTILE KEEPER OF WESTERN AUSTRALIA. TRANSCRIPT IS DATED, 03/01/92. TAPE IS MARKED (PM). INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE FROM A PHONE CALL AT RAYMOND HOSER'S HOUSE AT 41 VILLAGE AVENUE, DONCASTER, (MELBOURNE), VICTORIA, 3108. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. EXCERPTS ONLY SERPARATED BY '#*#' KEY. HOSER = RAYMOND HOSER ORANGE = PAUL ORANGE TRANSCRIPT STARTS NOW #*# (2/139) PHONE ANSWERED ORANGE - MUMBLING HOSER - Yes, I'm after Paul Orange please. ORANGE - Yeh, speaking. HOSER - Paul, my name's Raymond Hoser, I'm ringing from miserable Melbourne, ORANGE - Ah, right, HOSER - And, you probably know of me, do you, ORANGE - Yeh, I do, yeh, HOSER - Right, oh, you do now, HOSER - I've er, read all stuff in Herpetofauna, and I've got a few other clippings from Brian Barnett and others, ah, basically I'd like to know a bit more about the case if possible. ORANGE - Yeh, HOSER - Now, they didn't actually catch you red-handed feeding the geckoes to the snakes, they went through your notes, is that right? ORANGE - Yeh, that's right. Yeh, HOSER - Now did they actually seize your notes or did they just come over and flick through them. ORANGE - Oh, they actually took them with them, and photocopied them, HOSER - Right, they took the notes and photocopied them, ORANGE - Yeh, the idea was they told me this was all to um to prove to the ones in Perth that er, I was, er, I really knew what I was doing and kept proper notes and things like that. HOSER - Oh right, so the guys that came over used the excuse that they were taking your notes to show the guys in Perth that were a good bona fide herp'. ORANGE - Oh yeh, that's what they told me it was for. HOSER - And then they turned around and er, ORANGE - And used them, to prosecute with. Yeh. HOSER - Gees, so in other words they lied to you. ORANGE - Sorry. HOSER - In other words they lied to you. ORANGE - Oh yeh, yeh, HOSER - Jesus, HOSER - Now which court, was it in a Perth Court, your not in Perth obviously. You're somewhere else. ORANGE - No I'm in the sticks. Not far from Kalgoorlie, in Eastern goldfields, HOSER - Oh right, that's why you had, there was a clipping in the Kalgoorlie miner or whatever. ORANGE - Yeh. (2/168) #*# (2/266) HOSER - And was the magistrate basically on your side from the word go, did he basically decide to chuck it out fairly quick or did he he go, ORANGE - It took four hours. HOSER - Gee, so it was a fairly long trial. ORANGE - But em, when it all came out and that, and um, I mean even I'm in court, MUMBLING , virtually I'd been set up, not directly but it was, it was a set-up from the start. HOSER - A set up, how do you mean? ORANGE - Well as I said it was a note and that, they said it was to help me and all along he was compiling a file to prosecute me. HOSER - Oh right, so they were really trying to entrap you. ORANGE - Yeh, well that's one of the points I got off on, was that it was entrapment, it was an amnesty too. HOSER - Oh that's right, because you got a licence under an amnesty and then they decided to get you after that, is that right. ORANGE - Yeh, #*# TAPE TRANSCRIPT OF CONVERSATION ON 3RD JANUARY 1992 BETWEEN RAYMOND HOSER, AND ANDREW NORBURY A REPTILE KEEPER OF NEW SOUTH WALES. TRANSCRIPT IS DATED, 03/01/92. TAPE IS MARKED (PM). INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE FROM A PHONE CALL AT RAYMOND HOSER'S HOUSE AT 41 VILLAGE AVENUE, DONCASTER, (MELBOURNE), VICTORIA, 3108. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. EXCERPTS ONLY SERPARATED BY '#*#' KEY. HOSER = RAYMOND HOSER NORBURY = ANDREW NORBURY TRANSCRIPT STARTS NOW #*# (2/536) NORBURY - That's it mate, we're doing the right thing, and these pricks from there who wouldn't know their arse from their fucking elbows, HOSER - That's right, NORBURY - They're walking around taking reptiles, they're taking reptiles from the good keepers, mate. HOSER - I know that. NORBURY - All the people who look after stuff. You ask Charles about the set up I had here, mate. I had a wicked set up, I had all, you know kitchen melemaie, I had all big tanks made out of melamaie with solid timber doors and all that on it, really, looked furniture you know, not like snake cages, HOSER - Like furniture LAUGHING NORBURY - All thermostatically controlled, heating everything, HOSER - Yeh, now look, I don't deny any of that, look I know what they're like. NORBURY - They come here and just pick this, and this and this, took what they fucking wanted HOSER - They took what they wanted, yeh. NORBURY - They took Diamonds and stuff like that. HOSER - They took, the, the, the, more valuable stuff in other words, NORBURY - They took Diamonds and stuff like that. NORBURY - And um, HOSER - But they were licenced weren't they? NORBURY - Yeh, I had all on permit. HOSER - So why did they take them. NORBURY - Because I had these snakes that I shouldn't have fucking had. HOSER - So they said because you had unpermit snakes we're taking the lot. NORBURY - Yeh, that was their attitude. HOSER - And who, was it Gary Sims, he was the bloke that came over. NORBURY - Yeh. HOSER - Was there anyone else. NORBURY - No just him, HOSER - By himself, NORBURY - Yeh, he was a law enforcement officer. HOSER - Because if you had snakes on permit they've got no right to take them. NORBURY - He got the permits off me and said well we'll cancell your permits, you can't have them anymore, HOSER - There and then. NORBURY - Yeh, HOSER - So he walked in and said 'right you have a um, what was it, you had a, NORBURY - Tropidechis carinatus, HOSER - You had a rough scale and, and was it Eastern Brown or was it Small-eyed, NORBURY - No, Cryptophis nigrescens, HOSER - Right, so you had a rough-scaled and a thing over and above your permit, therefore we cancell your permit immediately, NORBURY - Yeh, he took it off me straight away, HOSER - He took the permit off of you, NORBURY - Yep, HOSER - And then he took your Diamonds and stuff as well. NORBURY - Yep, HOSER - Did he take every reptile you had there. NORBURY - No, he left me with some, HOSER - What? NORBURY - Carpets, HOSER - Why? NORBURY - Don't know, snakes aren't worth taking, HOSER - How many carpets? NORBURY - Two. Big ones. HOSER - Anything else. NORBURY - No that was it. HOSER - Well I don't think you need a permit for carpets in New South Wales at all, so he probably had a justification, at, NORBURY - For years and years and years, this is what shits me Raymond. HOSER - Yeh, hold it, let me tell you something. They have no right to cancell your permit on the spot, they have to go through a set procedure in writing, they can't just, it's like, if your driving along a road and a copper asks you for your driving licence he can't like take your licence off you and then charge you with driving illegally. NORBURY - Yeh (2/567) HOSER - That's what they've done. NORBURY - Yeh, HOSER - They can't do that. NORBURY - And afterwards, I contacted Gary Sims at er, head office and I said, look Gary, I get heaps of phone calls, what's the go, am I still licenced to go collect them and pick them up or re-release them or what? And he said, I'll get back to you, and he never got back to me, so the Phone's been ringing hot here during this summer HOSER - Right, NORBURY - And I've just been saying fucking ring National Parks and Wildlife and get them to pick them up. HOSER - And of course they don't NORBURY - Nope HOSER - Jesus Christ, so it's not a terribly good scenario is it. NORBURY - No, well, see they rub a lot of people the wrong way. HOSER - Oh we know that, we know that. NORBURY - Quite good keepers. Do you know Jeff Banks. HOSER - In where, yeh, out at er, NORBURY - Mount Druitt, he lives here, he did the shows at the lion park, HOSER - Yeh (2/577) NORBURY - He had good reptiles you know, HOSER - Right, and what happened to him? NORBURY - Well he's no longer in it. He told them to bash it up their arse, he's out. And there's a bloke whose been in the game for bloody thirty odd years. HOSER - Yeh, he's been with reptiles for a while, um so what happened, Jeff Banks, they just, they hassled him? NORBURY - yeh, they were given him a hard time. See, like they had boas and that out there at the lion park, HOSER - Right, NORBURY - But that was under licence of Ian Bullen who owns Bullen's animal world, well he's got a like a zoo licence from memory, HOSER - Sure, I don't want to say too many bad things about Jeff Banks, because he's obviously a mate of yours, but what I can tell you is back in nineteen eighty one, he did a deal with parks and wildlife to chuck me out of the society with the view that he would benefit out of it, and it served, in a way, I said, NORBURY - You should never have got out of it mate, you've did a lot of good for this fucking, HOSER - Well we know that, but Jeff Banks had thought well, if we shoot, he ran on the principle well we'll sacrifice him, and we'll be better off for it, but unfortunately with reptile keepers we've all got to stand togeather. NORBURY - Yeh, well you didn't take any shit from. Well what I can gather from a lot of people, I've never met you. Like what Ken Sheppherd and Charles has told me and that, you just don't take shit off anyone. HOSER - Well I do take shit, but I only take so much. NORBURY - Yeh, well that's what I'm saying. You stand up for yourself. All the other blokes are sucking and licking National Parks arses that bad, right, so they can get what they want, and they're knifing one keeper in the back to get credibility so that they can fucking keep,what they want. HOSER - That's right, what the wildlife do, is that they let the keepers stab each other in the back, and um, so long as the reptile people are divided they'll never ever be a match for the, NORBURY - We should all pool our resources and say, look let's fight these blokes, HOSER - Yeh, yeh, bury the differences and um, um, and I don't like the word fight, but essentially your right, they should all bury their differences and say okay look we disagree on minor points, #*# (2/699) NORBURY - See, the thing I can't understand is the National Parks and Wildlife prosecuted me, right, HOSER - Right, NORBURY - They took me to court, and they didn't even have the, a representative in the courtroom, the police prosecuter is the one who laid the charges on me, he fucking laughed. My solicitor went over and talked to him and he laughed, he said it's a waste of time this even being here. HOSER - That was the police prosecuter said that. NORBURY - That's what he said, to my solicitor, HOSER - Yeh, well that doesn't suprise, see look, NORBURY - Why am I doing this? I mean look he was more interested in traffic offences and stuff like that, not, fucking snakes, HOSER - Snakes, NORBURY - But even the Judge said it, it will be on the thing, he said um Andrew Norbury, like the police prosecuter read out what I'd been charged for, when you stand, when you approach the bench and he said um, he's here, like on charges for obtaining protected fauna, and the judge said what's that, and the bloke said snakes, and the even said in the chair, bloody snakes! HOSER - Yeh, NORBURY - He said, bloody snakes, HOSER - Yeh, should record on it. NORBURY - Yeh, That'll be on there, because that was when I approached the bench, HOSER - Yeh, NORBURY - You'll hear for yourself, you know, HOSER - Yeh, that's the sort of thing I want. Um, see the thing is, NORBURY - He said bloody in the court room, he said bloody snakes. HOSER - Yeh, NORBURY - And laughed. HOSER - See, that's also, it will also be on there, the name of this magistrate you know. Which court was it? It was Penrith court wasn't it, yeh. But, um, because when I spoke to you last time, I wrote down a few bits and pieces and I've just got that in front of me now, so you know, what ever you told me last time, I've got in front of me, um, so um, NORBURY - You know Richard Moy, the solicitor said, he sort of said, well he's been in it for this amount of years, he's done, um, calls on behalf of national parks and wildlife and the police department, he's removed reptiles from houses where they've endangered people's lives, um, he's kept them, he's bred them, I've bred them in captivity, and um, the magistrate just said, fourty dollars court costs, that's it, see you later. HOSER - Yeh, it's bloody stupid, it really is. NORBURY - I mean, and I had to get a solicitor and all that, which um, mum and dad made me do, HOSER - And it cost you a packet no doubt. NORBURY - Yeh, see mum and dad, they were pissed off, because I kept these things in such good condition, you know I fed them regularly, I always had feed here for 'em, nothing ever, if anything sort of got sick, I pannickd you know, I would ring around everywhere, HOSER - That's right, yeh, NORBURY - And get it back on it's feet again. HOSER - Yeh, well the wildlife department don't give a fuck about the wildlife. That's what you've got to understand. They, all they're concerned about is doing as little as possible to keep their jobs and they fifty thousand dollars a year doing sweet F. A., they megabucks super, and um, that's what their there for. NORBURY - I got two Death Adders of Ken Sheppherd once, (2/731) #*# CONVERSATION LASTED ABOUT 20 MINS TAPE TRANSCRIPT OF CONVERSATION ON 3RD JANUARY 1992 BETWEEN RAYMOND HOSER, AND XOXOXOX A REPTILE KEEPER OF NEW SOUTH WALES. TRANSCRIPT IS DATED, 03/01/92. TAPE IS MARKED (PM). INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE FROM A PHONE CALL AT RAYMOND HOSER'S HOUSE AT 41 VILLAGE AVENUE, DONCASTER, (MELBOURNE), VICTORIA, 3108. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. EXCERPTS ONLY SERPARATED BY '#*#' KEY. HOSER = RAYMOND HOSER XOXOXOX = XOXOXOX TRANSCRIPT STARTS NOW #*# (2/536) XOXOXOX - That's it mate, we're doing the right thing, and these pricks from there who wouldn't know their arse from their fucking elbows, HOSER - That's right, XOXOXOX - They're walking around taking reptiles, they're taking reptiles from the good keepers, mate. HOSER - I know that. XOXOXOX - All the people who look after stuff. You ask Charles about the set up I had here, mate. I had a wicked set up, I had all, you know kitchen melemaie, I had all big tanks made out of melamaie with solid timber doors and all that on it, really, looked furniture you know, not like snake cages, HOSER - Like furniture LAUGHING XOXOXOX - All thermostatically controlled, heating everything, HOSER - Yeh, now look, I don't deny any of that, look I know what they're like. XOXOXOX - They come here and just pick this, and this and this, took what they fucking wanted HOSER - They took what they wanted, yeh. XOXOXOX - They took Diamonds and stuff like that. HOSER - They took, the, the, the, more valuable stuff in other words, XOXOXOX - They took Diamonds and stuff like that. XOXOXOX - And um, HOSER - But they were licenced weren't they? XOXOXOX - Yeh, I had all on permit. HOSER - So why did they take them. XOXOXOX - Because I had these snakes that I shouldn't have fucking had. HOSER - So they said because you had unpermit snakes we're taking the lot. XOXOXOX - Yeh, that was their attitude. HOSER - And who, was it Gary Sims, he was the bloke that came over. XOXOXOX - Yeh. HOSER - Was there anyone else. XOXOXOX - No just him, HOSER - By himself, XOXOXOX - Yeh, he was a law enforcement officer. HOSER - Because if you had snakes on permit they've got no right to take them. XOXOXOX - He got the permits off me and said well we'll cancell your permits, you can't have them anymore, HOSER - There and then. XOXOXOX - Yeh, HOSER - So he walked in and said 'right you have a um, what was it, you had a, XOXOXOX - Tropidechis carinatus, HOSER - You had a rough scale and, and was it Eastern Brown or was it Small-eyed, XOXOXOX - No, Cryptophis nigrescens, HOSER - Right, so you had a rough-scaled and a thing over and above your permit, therefore we cancell your permit immediately, XOXOXOX - Yeh, he took it off me straight away, HOSER - He took the permit off of you, XOXOXOX - Yep, HOSER - And then he took your Diamonds and stuff as well. XOXOXOX - Yep, HOSER - Did he take every reptile you had there. XOXOXOX - No, he left me with some, HOSER - What? XOXOXOX - Carpets, HOSER - Why? XOXOXOX - Don't know, snakes aren't worth taking, HOSER - How many carpets? XOXOXOX - Two. Big ones. HOSER - Anything else. XOXOXOX - No that was it. HOSER - Well I don't think you need a permit for carpets in New South Wales at all, so he probably had a justification, at, XOXOXOX - For years and years and years, this is what shits me Raymond. HOSER - Yeh, hold it, let me tell you something. They have no right to cancell your permit on the spot, they have to go through a set procedure in writing, they can't just, it's like, if your driving along a road and a copper asks you for your driving licence he can't like take your licence off you and then charge you with driving illegally. XOXOXOX - Yeh (2/567) HOSER - That's what they've done. XOXOXOX - Yeh, HOSER - They can't do that. XOXOXOX - And afterwards, I contacted Gary Sims at er, head office and I said, look Gary, I get heaps of phone calls, what's the go, am I still licenced to go collect them and pick them up or re-release them or what? And he said, I'll get back to you, and he never got back to me, so the Phone's been ringing hot here during this summer HOSER - Right, XOXOXOX - And I've just been saying fucking ring National Parks and Wildlife and get them to pick them up. HOSER - And of course they don't XOXOXOX - Nope HOSER - Jesus Christ, so it's not a terribly good scenario is it. XOXOXOX - No, well, see they rub a lot of people the wrong way. HOSER - Oh we know that, we know that. XOXOXOX - Quite good keepers. Do you know Jeff Banks. HOSER - In where, yeh, out at er, XOXOXOX - Mount Druitt, he lives here, he did the shows at the lion park, HOSER - Yeh (2/577) XOXOXOX - He had good reptiles you know, HOSER - Right, and what happened to him? XOXOXOX - Well he's no longer in it. He told them to bash it up their arse, he's out. And there's a bloke whose been in the game for bloody thirty odd years. HOSER - Yeh, he's been with reptiles for a while, um so what happened, Jeff Banks, they just, they hassled him? XOXOXOX - yeh, they were given him a hard time. See, like they had boas and that out there at the lion park, HOSER - Right, XOXOXOX - But that was under licence of Ian Bullen who owns Bullen's animal world, well he's got a like a zoo licence from memory, HOSER - Sure, I don't want to say too many bad things about Jeff Banks, because he's obviously a mate of yours, but what I can tell you is back in nineteen eighty one, he did a deal with parks and wildlife to chuck me out of the society with the view that he would benefit out of it, and it served, in a way, I said, XOXOXOX - You should never have got out of it mate, you've did a lot of good for this fucking, HOSER - Well we know that, but Jeff Banks had thought well, if we shoot, he ran on the principle well we'll sacrifice him, and we'll be better off for it, but unfortunately with reptile keepers we've all got to stand togeather. XOXOXOX - Yeh, well you didn't take any shit from. Well what I can gather from a lot of people, I've never met you. Like what Ken Sheppherd and Charles has told me and that, you just don't take shit off anyone. HOSER - Well I do take shit, but I only take so much. XOXOXOX - Yeh, well that's what I'm saying. You stand up for yourself. All the other blokes are sucking and licking National Parks arses that bad, right, so they can get what they want, and they're knifing one keeper in the back to get credibility so that they can fucking keep,what they want. HOSER - That's right, what the wildlife do, is that they let the keepers stab each other in the back, and um, so long as the reptile people are divided they'll never ever be a match for the, XOXOXOX - We should all pool our resources and say, look let's fight these blokes, HOSER - Yeh, yeh, bury the differences and um, um, and I don't like the word fight, but essentially your right, they should all bury their differences and say okay look we disagree on minor points, #*# (2/699) XOXOXOX - See, the thing I can't understand is the National Parks and Wildlife prosecuted me, right, HOSER - Right, XOXOXOX - They took me to court, and they didn't even have the, a representative in the courtroom, the police prosecuter is the one who laid the charges on me, he fucking laughed. My solicitor went over and talked to him and he laughed, he said it's a waste of time this even being here. HOSER - That was the police prosecuter said that. XOXOXOX - That's what he said, to my solicitor, HOSER - Yeh, well that doesn't suprise, see look, XOXOXOX - Why am I doing this? I mean look he was more interested in traffic offences and stuff like that, not, fucking snakes, HOSER - Snakes, XOXOXOX - But even the Judge said it, it will be on the thing, he said um Andrew Xoxoxox, like the police prosecuter read out what I'd been charged for, when you stand, when you approach the bench and he said um, he's here, like on charges for obtaining protected fauna, and the judge said what's that, and the bloke said snakes, and the even said in the chair, bloody snakes! HOSER - Yeh, XOXOXOX - He said, bloody snakes, HOSER - Yeh, should record on it. XOXOXOX - Yeh, That'll be on there, because that was when I approached the bench, HOSER - Yeh, XOXOXOX - You'll hear for yourself, you know, HOSER - Yeh, that's the sort of thing I want. Um, see the thing is, XOXOXOX - He said bloody in the court room, he said bloody snakes. HOSER - Yeh, XOXOXOX - And laughed. HOSER - See, that's also, it will also be on there, the name of this magistrate you know. Which court was it? It was Penrith court wasn't it, yeh. But, um, because when I spoke to you last time, I wrote down a few bits and pieces and I've just got that in front of me now, so you know, what ever you told me last time, I've got in front of me, um, so um, XOXOXOX - You know Richard Moy, the solicitor said, he sort of said, well he's been in it for this amount of years, he's done, um, calls on behalf of national parks and wildlife and the police department, he's removed reptiles from houses where they've endangered people's lives, um, he's kept them, he's bred them, I've bred them in captivity, and um, the magistrate just said, fourty dollars court costs, that's it, see you later. HOSER - Yeh, it's bloody stupid, it really is. XOXOXOX - I mean, and I had to get a solicitor and all that, which um, mum and dad made me do, HOSER - And it cost you a packet no doubt. XOXOXOX - Yeh, see mum and dad, they were pissed off, because I kept these things in such good condition, you know I fed them regularly, I always had feed here for 'em, nothing ever, if anything sort of got sick, I pannickd you know, I would ring around everywhere, HOSER - That's right, yeh, XOXOXOX - And get it back on it's feet again. HOSER - Yeh, well the wildlife department don't give a fuck about the wildlife. That's what you've got to understand. They, all they're concerned about is doing as little as possible to keep their jobs and they fifty thousand dollars a year doing sweet F. A., they megabucks super, and um, that's what their there for. XOXOXOX - I got two Death Adders of Ken Sheppherd once, (2/731) #*# CONVERSATION LASTED ABOUT 20 MINS TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND SILVERTOP RADIO OPERATOR IN THE MORNING OF 3/7/88 WHEN THERE WAS A TRANSPORT STRIKE. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. CONVERSATION WAS IN TAXI NUMBER T-8000, SILVERTOP 134, AND THE CAR WAS IN RICHMOND AT THE TIME. KEY. H = HOSER (TAXI DRIVER) R = RADIO OPERATOR (SILVERTOP) TRANSCRIPT STARTS NOW R - ...the usual practice of multiple hiring, but what we're trying to do is make sure we've got enough cars to cover all the bookings we've got and as many bookings as we can get. Ah, at the moment we're not doubling but from five O'clock onwards we've tried to double as many bookings as we can so that we keep as many cars in the area. Any car that goes out to Tullamarine and sits out there and has breakfast this morning ought to have their heads read. HOSER HITS HIS DIGITAL BUTTON TO NOTIFY THE RADIO OPERATOR THAT HE WANTS TO TALK WITH HIM R - One three four? H - Yeh, does that mean basically, you'll be ah giving driver's two addresses to go to, and ah, they'll go to the first address pick up and then, go to the second address and pick up the next fare? R - You go to the first address, pick that up, and keep going to the second address and pick that up, and go to wherever eith, both addresses say. There's some going straight to Tulla, there's some going to the city, there's some going to the city, North Melbourne, city, West Melbourne, Port Melbourne, and then the city, Hawthorn and things like that. City and South Melbourne. We're trying to make them as close to final destinations as we can, and we've tried to make the pick ups as close to one another as they can. Um, you know the people will have to put up with a little inconvinience, but we'll do the best we can for everybody. All you'll have to do is do your best for the customers. We hope that you can do the job well, because we're trying to make sure that you get the best out of today. Um, all we can hope is that your willing to work as well as you can. R - Prospects that I've got at the moment, South Yarra, Cheltenham, Burwood, South Yarra again, Mordiallac, Ormond, Toorak, ... END OF TAPE AND TRANSCRIPT TAPE TRANSCRIPT OF COURT CASE ON 4TH MARCH 1991 WHERE DERRY ASHTON OF VICROADS WAS CHARGED WITH ASSAULT AND OTHER CHARGES. TRANSCRIPT IS DATED, 04/03/91. TAPE IS MARKED (PM). INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT MELBOURNE MAGISTRATE'S COURT. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. EXCERPTS ONLY SEPARATED BY '#*#' KEY. OLSEN = GEORGE MARTIN OLSEN HOSER = RAYMOND (AKA PHILIP) HOSER MAHER = BARRY MAHER (MAGISTRATE) ASHTON = DERRY ASHTON (DEFENDING HIMSELF) FEMALE = CLERK IN COURT (IN FRONT OF MAGISTRATE) MALE VOICE = UNIDENTIFIED MALE VOICE TRANSCRIPT STARTS NOW #*# (1/363) FEMALE - All stand FEMALE - This sitting of Melbourne magistrate's court is now resumed. #*# (1/422) HOSER - No further witnesses then. MAHER - Yes ASHTON - I call inspector George Olsen MALE VOICE - George Olsen OLSEN - I swear by Almighty God that the evidence I shall give to the court in this case shall be the truth, the whole truth and nothing but the truth, my full name is George Martin Olsen and I'm from the Roads Corporation stationed in Hawthorn. ASHTON - Inspector Olsen, on the afternoon of the seventh of november nineteen eighty nine were you on duty in the Elms bus park at Flemington racecourse. OLSEN - That's correct. ASHTON - Did you bear witness to an incident involving the complainant and defendant in these proceedings. OLSEN - I did. (1/436) ASHTON - Would you describe that incident to the court please. OLSEN - My recollection is that it was late in the afternoon of that day, sometime after the run of the cup itself and I believe you and I were talking at the bottom of a ramp that leads out on to Fisher parade which is half way between the main entrance and the Elms car park and Fisher parade itself, um, we were facing Fisher parade and at that time a person I know as Philip or Raymond Hoser was taking photos of both you and I. And, within a few minutes of that happening you proceeded to walk up that ramp which led out on to Fisher parade and you were about perhaps twenty percent or thirty percent of the way up that ramp and you walked around the front of Mister Hoser who was himself proceeding up that ramp, ah, a moment or two after you had started to walk up there I also followed you up and at that stage you had walked around the front of Mister Hoser and he kept walking straight ahead towards Fisher parade as if he was going out of the gate and to prevent him walking through you, you raised your arm and he walked into you and you held his arms there. Um, I heard you say to him, were you taking pictures of me, and he replied yes, if you think that's illegal, you can take me to court. He then started to yell um police, police, I'm being assaulted in a very loud voice, um at that stage Mister Hodgens came over, I didn't hear what he said, but he came between you and Mister Hoser, he um, I couldn't hear what he said, he just came between you and um, at that stage once he arrived Philip Hoser just took off towards the main entrance of the car park area, and fairly fast, and there were a number of people in that area, there were certainly uniformed police there, which he also ran past, um, he didn't seem to take any notice of them and we, I lost him visually in the crowd. ASHTON - Did you at any stage see the defendant punch the complainant. OLSEN - No, ASHTON - Did you at any stage see the defendant kick the complainant. OLSEN - No, ASHTON - Did you at any stage see the defendant remove or attempt to remove from the posession of the complainant any item of camera equipment. OLSEN - No not at all. ASHTON - Did you at any time, see the defendant with a part of either of his hands remove some film from his camera? OLSEN - No, ASHTON - Did you at any time see the defendant damage or attempt to damage the complainants camera in any way. OLSEN - No I didn't (1/485) ASHTON - Did you assault the complainant in any way? OLSEN - No ASHTON - Did you observe any person assault the complainant in any way? OLSEN - No. ASHTON - Did you at any stage restrict or attempt to restrict the movement of the complainant? OLSEN - No. ASHTON - What other officers did you see standing in the immediate vicinity of the complainant, during and at the completion of the incident? OLSEN - Well I can, course myself, you um, Len Hodgens, um I know other officers were on duty that day, but I can't recall who else was at that, in that immediate vicinity. (1/498) END OF ASHTON'S QUESTIONS AND EVIDENCE IN CHIEF HOSER - Um your worship can I please show a photograph. MAHER - Yes go ahead yes. HOSER - Um, could please identify the three, the man in the middle and the two on either side of him. OLSEN - Um, the man in the middle is Derry Ashton, um to his left, the fellow to his right is Andrew Douglas who is um been told to the court is in Queensland, I don't know the fellow on the left at all, he may have been a taxi or a bus operator. HOSER - Are you in that photo? OLSEN - Yes, yes. HOSER - Your standing on one side of Derry Ashton, OLSEN - That's to his left, yes, HOSER - And Andrew Douglas is the other side of Derry Ashton. OLSEN - That's correct. #*# (1/554) HOSER - I put it to you that there were no police within shouting distance. OLSEN - That's not so. HOSER - So, if I had called for police, police would have come. OLSEN - I don't know, there was a substantial amount of noise there after that period of time after the cup had run also, um, whether they would have heard you I don't know, but I do recall you running past them, I would have thought you would have run up to them and complained to them. OLSEN - You wanted their attention. HOSER - Mister Olsen, are you aware, you are the only person so far who has given evidence that I actually ran past police. OLSEN - Well I can only say what I saw. HOSER - Right, well, Mister Olsen, do you recall following, do you recall me taking a photograph of Mister Ashton and then walking off. OLSEN - You were going up the ramp, yes. HOSER - Right. OLSEN - You were heading in that direction anyway. HOSER - Do you recall following me with Mister Ashton? OLSEN - I'm sorry? HOSER - Do you recall Mister Ashton then following me? OLSEN - Yes, yes, correct. HOSER - Do you recall following Mister Ashton (1/568) OLSEN - Yes, I was um I suppose approximately three metres four metres behind him. HOSER - Do you recall Ashton grabbing me, and stating, did you take a photograph then? OLSEN - Was that two questions or one? HOSER - That is a statement by Ashton. Do you recall Ashton grabbing me. Do you recall Ashton grabbing me for starters? OLSEN - No HOSER - Do you recall Ashton stating did you take a photograph then? OLSEN - What his exact words were I don't remember, but he did ask you if you were taking photographs of him. HOSER - Do you recall me immediately saying your touching me, your assaulting me. OLSEN - I don't, no. HOSER - Do you recall, do you recall Derry Ashton's reply, yeh I know, did you take the photograph, without my approval. OLSEN - I've got no recollection, no. HOSER - Is it possible that he might have said that? OLSEN - I, I don't know. HOSER - Is it possible, yes or no? OLSEN - I don't know. I don't know, HOSER - I'll read it to you. Is there a possibility that Derry Ashton might have said something you might not have heard? OLSEN - That's possible, I was about four metres behind him so he may have said somehing to you that I didn't hear. HOSER - So he may have said something that you didn't hear. OLSEN - It's possible. HOSER - And then do you recall me saying, yes, take me to court, it's not illegal. OLSEN - There was certainly something along those lines, I heard that statement by you yes, yes I took a photo, a, take me to court if you think it's illegal. HOSER - Did I say yes take me to court it's not illegal or did I say something else. OLSEN - I don't remember the exact words you used. HOSER - You were there. OLSEN - It was about a year, it was about a year and a half so, HOSER - That's a good line, I'll remember that. MAHER - Look, HOSER - Sorry, um, do you, sorry your worship, do you recall me, er, sorry do you recall, do you recall me saying something about yes take me to court it's not illegal. OLSEN - That's, along those lines, something like that yes. TAPE TRANSCRIPT OF COURT CASE ON 4TH MARCH 1991 WHERE DERRY ASHTON OF VICROADS WAS CHARGED WITH ASSAULT AND OTHER CHARGES. TRANSCRIPT IS DATED, 04/03/91. TAPE IS MARKED (PM). INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT MELBOURNE MAGISTRATE'S COURT. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. EXCERPTS ONLY SEPARATED BY '#*#' KEY. OLSEN = GEORGE MARTIN OLSEN HOSER = RAYMOND (AKA PHILIP) HOSER MAHER = BARRY MAHER (MAGISTRATE) ASHTON = DERRY ASHTON (DEFENDING HIMSELF) FEMALE = CLERK IN COURT (IN FRONT OF MAGISTRATE) MALE VOICE = UNIDENTIFIED MALE VOICE TRANSCRIPT STARTS NOW #*# (1/363) FEMALE - All stand FEMALE - This sitting of Melbourne magistrate's court is now resumed. #*# (1/422) HOSER - No further witnesses then. MAHER - Yes ASHTON - I call inspector George Olsen MALE VOICE - George Olsen OLSEN - I swear by Almighty God that the evidence I shall give to the court in this case shall be the truth, the whole truth and nothing but the truth, my full name is George Martin Olsen and I'm from the Roads Corporation stationed in Hawthorn. ASHTON - Inspector Olsen, on the afternoon of the seventh of november nineteen eighty nine were you on duty in the Elms bus park at Flemington racecourse. OLSEN - That's correct. ASHTON - Did you bear witness to an incident involving the complainant and defendant in these proceedings. OLSEN - I did. (1/436) ASHTON - Would you describe that incident to the court please. OLSEN - My recollection is that it was late in the afternoon of that day, sometime after the run of the cup itself and I believe you and I were talking at the bottom of a ramp that leads out on to Fisher parade which is half way between the main entrance and the Elms car park and Fisher parade itself, um, we were facing Fisher parade and at that time a person I know as Philip or Raymond Hoser was taking photos of both you and I. And, within a few minutes of that happening you proceeded to walk up that ramp which led out on to Fisher parade and you were about perhaps twenty percent or thirty percent of the way up that ramp and you walked around the front of Mister Hoser who was himself proceeding up that ramp, ah, a moment or two after you had started to walk up there I also followed you up and at that stage you had walked around the front of Mister Hoser and he kept walking straight ahead towards Fisher parade as if he was going out of the gate and to prevent him walking through you, you raised your arm and he walked into you and you held his arms there. Um, I heard you say to him, were you taking pictures of me, and he replied yes, if you think that's illegal, you can take me to court. He then started to yell um police, police, I'm being assaulted in a very loud voice, um at that stage Mister Hodgens came over, I didn't hear what he said, but he came between you and Mister Hoser, he um, I couldn't hear what he said, he just came between you and um, at that stage once he arrived Philip Hoser just took off towards the main entrance of the car park area, and fairly fast, and there were a number of people in that area, there were certainly uniformed police there, which he also ran past, um, he didn't seem to take any notice of them and we, I lost him visually in the crowd. ASHTON - Did you at any stage see the defendant punch the complainant. OLSEN - No, ASHTON - Did you at any stage see the defendant kick the complainant. OLSEN - No, ASHTON - Did you at any stage see the defendant remove or attempt to remove from the posession of the complainant any item of camera equipment. OLSEN - No not at all. ASHTON - Did you at any time, see the defendant with a part of either of his hands remove some film from his camera? OLSEN - No, ASHTON - Did you at any time see the defendant damage or attempt to damage the complainants camera in any way. OLSEN - No I didn't (1/485) ASHTON - Did you assault the complainant in any way? OLSEN - No ASHTON - Did you observe any person assault the complainant in any way? OLSEN - No. ASHTON - Did you at any stage restrict or attempt to restrict the movement of the complainant? OLSEN - No. ASHTON - What other officers did you see standing in the immediate vicinity of the complainant, during and at the completion of the incident? OLSEN - Well I can, course myself, you um, Len Hodgens, um I know other officers were on duty that day, but I can't recall who else was at that, in that immediate vicinity. (1/498) END OF ASHTON'S QUESTIONS AND EVIDENCE IN CHIEF HOSER - Um your worship can I please show a photograph. MAHER - Yes go ahead yes. HOSER - Um, could please identify the three, the man in the middle and the two on either side of him. OLSEN - Um, the man in the middle is Derry Ashton, um to his left, the fellow to his right is Andrew Douglas who is um been told to the court is in Queensland, I don't know the fellow on the left at all, he may have been a taxi or a bus operator. HOSER - Are you in that photo? OLSEN - Yes, yes. HOSER - Your standing on one side of Derry Ashton, OLSEN - That's to his left, yes, HOSER - And Andrew Douglas is the other side of Derry Ashton. OLSEN - That's correct. #*# (1/554) HOSER - I put it to you that there were no police within shouting distance. OLSEN - That's not so. HOSER - So, if I had called for police, police would have come. OLSEN - I don't know, there was a substantial amount of noise there after that period of time after the cup had run also, um, whether they would have heard you I don't know, but I do recall you running past them, I would have thought you would have run up to them and complained to them. OLSEN - You wanted their attention. HOSER - Mister Olsen, are you aware, you are the only person so far who has given evidence that I actually ran past police. OLSEN - Well I can only say what I saw. HOSER - Right, well, Mister Olsen, do you recall following, do you recall me taking a photograph of Mister Ashton and then walking off. OLSEN - You were going up the ramp, yes. HOSER - Right. OLSEN - You were heading in that direction anyway. HOSER - Do you recall following me with Mister Ashton? OLSEN - I'm sorry? HOSER - Do you recall Mister Ashton then following me? OLSEN - Yes, yes, correct. HOSER - Do you recall following Mister Ashton (1/568) OLSEN - Yes, I was um I suppose approximately three metres four metres behind him. HOSER - Do you recall Ashton grabbing me, and stating, did you take a photograph then? OLSEN - Was that two questions or one? HOSER - That is a statement by Ashton. Do you recall Ashton grabbing me. Do you recall Ashton grabbing me for starters? OLSEN - No HOSER - Do you recall Ashton stating did you take a photograph then? OLSEN - What his exact words were I don't remember, but he did ask you if you were taking photographs of him. HOSER - Do you recall me immediately saying your touching me, your assaulting me. OLSEN - I don't, no. HOSER - Do you recall, do you recall Derry Ashton's reply, yeh I know, did you take the photograph, without my approval. OLSEN - I've got no recollection, no. HOSER - Is it possible that he might have said that? OLSEN - I, I don't know. HOSER - Is it possible, yes or no? OLSEN - I don't know. I don't know, HOSER - I'll read it to you. Is there a possibility that Derry Ashton might have said something you might not have heard? OLSEN - That's possible, I was about four metres behind him so he may have said somehing to you that I didn't hear. HOSER - So he may have said something that you didn't hear. OLSEN - It's possible. HOSER - And then do you recall me saying, yes, take me to court, it's not illegal. OLSEN - There was certainly something along those lines, I heard that statement by you yes, yes I took a photo, a, take me to court if you think it's illegal. HOSER - Did I say yes take me to court it's not illegal or did I say something else. OLSEN - I don't remember the exact words you used. HOSER - You were there. OLSEN - It was about a year, it was about a year and a half so, HOSER - That's a good line, I'll remember that. MAHER - Look, HOSER - Sorry, um, do you, sorry your worship, do you recall me, er, sorry do you recall, do you recall me saying something about yes take me to court it's not illegal. OLSEN - That's, along those lines, something like that yes. HOSER - ...me screaming out police police police, the first time was very muffled as I was struggling at the time. OLSEN - I, I recall you saying police police, I'm being assaulted, but that was all, you certainly weren't being assaulted by me or Derry Ashton. HOSER - That's the next line, ... #*# (1/627) HOSER - You don't recall my voice being muffled at all because I was getting beaten or anything like that. OLSEN - No HOSER - Do you recall me struggling in any way. OLSEN - No HOSER - Mister Olsen, just before I, I'll come back to this, do you recall assaulting me on the seventh of April nineteen eighty nine at Tullamarine airport. OLSEN - No HOSER - Did you threaten to assault me with the exact words, look pal, look I'll assault you pal. OLSEN - No. HOSER - You would presumably then have no objections to me providing you with a transcript and playing in this court a tape recording of that incident. MAHER - Of what. Of What? HOSER - Him assaulting me on the seventh of april. MAHER - What on earth will this prove. HOSER - It's just the credibility of the witness your worship. MAHER - Well you've put it all to him, why do you want to play a tape recording. HOSER - Well to show that he's a liar. HOSER - Okay I'll go on. #*# (1/698) HOSER - Nothing. OLSEN - It was a year and a half ago. HOSER - So you, would it be fair to say that you were too busy holding on to me to make sure I didn't escape? OLSEN - No, I didn't touch you at all. HOSER - I put it to you that you touched me and you also let one or two punches or elbows or something go in my back and upper back and lower neck. OLSEN - No I didn't touch you at all. HOSER - Just like you didn't touch me on the seventh of April. OLSEN - That's correct. #*# (1/719) OLSEN - It's not a very good quality tape recording. HOSER - I don't have limitless funds to buy the best tape recorders, however. MAHER - Look, can we get on with this case rather than having you two with snide remarks with him calling it the ... recording you ... HOSER - Do you recall Len Hodgens then asking did you ask for his permission to take his photo. #*# (2/058) HOSER - Mister Olsen how many years have you been with Vicroads. OLSEN - Ooh, approximately fifteen years. HOSER - How many years have you known Derry Ashton? OLSEN - Fifteen years. HOSER - Is it true. Mister Olsen, I'll produce to you here a transcript of the incident, on the day in question. Can you please read it. MAHER - What's the transcript of? HOSER - It's the transcript of the tape your worship. HOSER - I'll be giving, you can get a copy too your worship. MAHER - Well, MAHER - And what is the summary of events in front of it. HOSER - Ah, that's my version of events. MAHER - Exactly it's your version of them HOSER - Ignore the first page and the transcript commences on the second page, theres a key at the bottom of the first page as to what the OVA, H, and the MWH stand for OLSEN - Does it start on the second page. HOSER - Yes. You will see the transcript. HOSER - Material underlined is not transcript, if there's three dots in succession, that means that it's inaudible. Would you like to read the transcript please. MAHER - I'll be the judge, unbelievable I haven't seen a copy of it thank you very much. HOSER - That's all right. MAHER - Now this is not an official transcript is it. HOSER - Sorry. MAHER - This is not an official transcript is it. HOSER - It is as efficient as is possible from the tape your worship. MAHER - Official I said. Official transcript. HOSER - Oh no no no no. It's not an official. MAHER - This doesn't contain what was said on that tape recording. HOSER - Yes it does. MAHER - No it doesn't, because it, it has comments afterwards, HOSER - Underlined MAHER - ... like not talking to Hoser but to other RTA officers, HOSER - Yes, MAHER - While referring to Ashton. That doesn't say that on the tape does it. HOSER - No, I've already stated that what is underlined is not transcript. MAHER - This is not a transcript. HOSER - Your worship what is underlined is not transcript. MAHER - This is not a transcript when it's got your comments on it. MAHER - I don't accept this as evidence. MAHER - It's not evidence at all. HOSER - Not the transcript. MAHER - Look, I appreciate that your running this prosecution yourself, but the trouble is that every document that you've put before me has got your comments all over it. HOSER - Oh the underlined bits of transcript. MAHER - Yes. HOSER - That was written for the benefit, MAHER - Look, that can't, so I'll put it this way, your in the position as an informant, now if a police officer did that he would be locked up for contempt of court. HOSER - Sorry about that. MAHER - Because that's an attempt to sway the court to a certain view. HOSER - Okay, well if I can cross out these underlined bits, MAHER - No, I'm not going to allow that. HOSER - No, MAHER - I'm not going to allow that as evidence. It is not an official transcript, it hasn't been done by an official transcriber, that's why all I wanted to do to see the thing to see what it looked like. You can't put that as evidence. You can ask him questions about it, but you can't put it into evidence. HOSER - Okay. HOSER - So having given your evidence, is it possible that what is in this transcript was in fact said on the day in question? (2/129) OLSEN - I've got no idea. HOSER - Is it possible. Yes or no OLSEN - I, I didn't read that thoroughly MAHER - Well you had a look through it. You've seen a few lines of it. OLSEN - I've got no idea. MAHER - Now come on, you've had a look through the first few lines, is it yes or no? SHOUTING OLSEN - Well I have no idea if that was what was said your worship. MAHER - Well I don't know who would have. OLSEN - Well, I wouldn't your worship, I can only say what I heard, and, MAHER - The innocent man! MAHER - Yes go on. #*# (2/192) HOSER - And do you recall writing out a ticket for me in my taxi on the seventh of april nineteen eighty nine for unattended taxi and a fourty dollar fine. OLSEN - Again I'm not sure of the date, but that's true. HOSER - Well there's a copy of the ticket. MAHER - Well he said it's true. HOSER - Right, okay. And I put it to you that was interfered with passengers of mine as I was dropping off there at Tullamarine airport on the same day. OLSEN - I don't know anything about that. (2/202) HOSER - You don't know anything about interfering with passengers of mine on the same day, on the seventh of April nineteen eighty nine? OLSEN - No. HOSER - You don't remember a thing about it. OLSEN - I don't know what your talking about. HOSER - Right, on the seventh of april nineteen eighty nine you issued, wrote out a ticket for me for unattended vehicle, at Tullamarine airport, do you recall writing out that ticket. OLSEN - That would be correct yes. HOSER - Are you aware of the circumstances in which one can have an unattended vehicle. OLSEN - Yes, HOSER - Can you please tell me what they are. OLSEN - Well your not present. Your vehicle was parked as I recall opposite the international air terminal and you simply weren't there and you was in a two minute loading area. HOSER - That's correct, now do you recall asking me why that vehicle was unattended or do you recall just writing out a ticket. MAHER - How's this relevant. HOSER - It's just to show that Nister Olsen um, well, er, if you'll just bear with me for a moment and I'll get us back onto this case. MAHER - Thank you for ... (2/229) #*# (2/249) HOSER - Right. You're aware that Peter Bell initiated, or Vicroads all took statements off a number of people in relation to this incident. OLSEN - Yes. HOSER - Why didn't you give a statement. OLSEN - I wasn't asked. HOSER - I put it to you that you didn't give a statement because you didn't want to incriminate your friend. OLSEN - I simply wasn't asked. HOSER - I put to you your telling lies again. OLSEN - Well, no that's not true, because the day after the Melbourne cup I left for overseas for a fair period of time. HOSER - And when did you return? OLSEN - Oooh, January the tenth. HOSER - Right, well yes or no. Did Derry Ashton intercept me? OLSEN - I wouldn't say intercept you. He stepped in front of you. MAHER - Well that's intercepting isn't it? OLSEN - Well I wouldn't say that your worship. MAHER - If somebody steps in front of you and turns around and faces you that's intercepting you isn't it? OLSEN - Well what he did was he simply walked in front of him, your worship, that is exactly what happened. HOSER - So he was just walking like this, he didn't put his arms up and grab or anything like that? He was just walking along and literally walked straight into him like a drunk. OLSEN - No, again as I've said twice already he walked in front of you as you were walking up towards Fisher parade and he stopped in front of you. As you were, HOSER - So he was side on? OLSEN - No, front on, directly in front of your body. HOSER - Can you describe the, OLSEN - He, he would have made a you turn in front of you and you walked straight into him. HOSER - Did our bodies make contact at any point in time? OLSEN - When your body came up to his hands. HOSER - So that, MAHER - Well why did he have his hands up? OLSEN - Well because I suppose he didn't want to get walked over, as, MAHER - Well he was the one who put himself in that position wasn't he? OLSEN - He was, (2/300) MAHER - Well you've been inferring that this man walked into him, but that is in fact he came and stood in front of him with his hands up. OLSEN - Well no, that's not true, like I've said already, twice your worship, is he simply walked in front of him and stopped in front of him. He was some, at least two feet from Mister Hoser and Mister Hoser kept walking in that direction. MAHER - Well that's an interception isn't it. OLSEN - If you want to use that word your worship. MAHER - Go on. HOSER - You call your self a friend of Derry Ashton. OLSEN - Yes. HOSER - You've known him for how long. OLSEN - Fifteen years. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND FOUR FEDERAL POLICE OFFICERS BADGE NUMBERS 4757 (CONSTABLE MICHAEL C. WARREN) 4777, 4627, AND 4314, ALL OF WHOM WERE MALE EXCEPT FOR 4314. ALSO IN THIS TAPE TRANSCRIPT IS GEORGE OLSEN OF THE ROAD TRAFFIC AUTHORITY AND TWO FAC OFFICERS. A NUMBER OF OTHER TAXI DRIVERS ARE ALSO ON THE TRANSCRIPT. A SUMMARY OF THE INCIDENT IS CONTAINED ON ANOTHER COMPUTER FILE AND PRINT OUT. TRANSCRIPT IS DATED 04/10/89 AT ABOUT 6.15 P.M. TRANSCRIPT IS AT THE ANSETT AIRLINES TAXI RANK, TULLAMARINE AIRPORT. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. (MAIN CHARACTERS ONLY) 4757 = 4757 (CONSTABLE MICHAEL C. WARREN) 4777 = 4777 4627 = 4627 4314 = 4314 HOSER = HOSER OLSEN = GEORGE OLSEN (RTA) EXCERPTS ONLY AS TAKEN FROM A LARGE TAPE, THE ORIGINAL LARGE TAPE RECORDING FROM THE ORIGINAL MICRO TAPE. THE NUMBER REFERENCES REFER TO THE STARTING POINT OF THE TRANSCRIPT SEGMENT, ON THE LARGE TAPE AS MEASURED ON A SHARP GF-6000. TRANSCRIPT SEGMENTS STARTS NOW (1) 140 TAPE OF INCIDENT STARTS HOSER WALKING TO HIS TAXI WHERE POLICE ARE WAITING HOSER - Yes, you want me to move the car? 4757 - Not just yet mate. HOSER - Sorry? 4757 - Not just yet anyway. OTHER TAXI DRIVER - Come on move! SHOUTING AT A DISTANCE, PRESUMABLY FROM BEHIND HOSER'S TAXI 4757 - Just before you go anywhere, good afternoon, HOSER - Good afternoon. 4757 - How are you? HOSER - Lovely, how are you? 4757 - All right. Got your driver's licence? HOSER - My licence was taken by the Road Traffic guys, however an appeal has been lodged with the courts which entitles me to drive. 4757 - No that, my information leads me to believe that that's not so. Can you produce to me your licence. HOSER - No, ah 4757 - Can you produce to me any evidence, HOSER - Yeh the document's been shown to the Road Traffic, but I don't have it with me today, 4757 - Ah, HOSER - However I, ah, I don't know why you don't know. But it has been shown to the Road Traffic. I have been advised by the court itself, and I can give you the name of the person who really, ah, if you want to know. And the man in the court, he made it quite clear that I am entitled to drive until the appeal comes up. REFERRING TO STEVE PARSONS OF ROOM 202 WHO WAS ALSO TAPED GIVING HIS ADVICE ALONG WITH A SECOND PERSON AT THE COURT 4757 - Which man in the court was this? HOSER - I don't have his name, he was in there, I had it the other day, 4757 - Yeh but I HOSER - I did tell the Road Traffic guy, ... the man in court, well I don't know, I don't know his function. But also both from my solicitor and also I've been advised by an officer who checked out, the Road Safety act, section twenty six, which you can have a look at, which you might have in your posession. HOSER - Now I'd say the Road Safety act is a little bit big for me to carry around, HOSER HAD LEFT HIS WALLETT AT HOME DUE TO HIS TYPICALLY NOT NEEDING IT WHEN DRIVING A TAXI, AS HE TYPICALLY HAD HIS LICENCES IN A SPECIAL PLASTIC FOLDER IN HIS TAXI KIT BAG, THE DOCUMENTATION RE-THE APPEAL WAS IN HIS WALLETT 4757 - Well I could sanse to you, your licence was confiscated, HOSER - Thursday, but that wasn't legal. 4757 - No, no, but listen if your licence is confiscated, that it would be, appear quite obvious that weren't about to try to drive again. Without a licence, I mean, HOSER - No, because, I then, I then, went in the following day and lodged the appeal, and the Road Traffic will now presumably have to give back the licence that they took off me. 4757 - What for, what for. HOSER - Until, I, I am entitled to drive on that licence until the date of the appeal. If I loose that, now there is this, if I loose that appeal and I go to the county court, then I am not entitled to drive until the appeal is heard. 4757 - Well that may be so, but see the problem you leave me is you can show me no evidence that you have a licence, that you have a licence to drive, therefore I would be neglecting my duty if I'm allowing you to drive anywhere. And you will be committing an offence if you get in the car and drive now, and I'll have to arrest you. Do you understand. HOSER - That's absolute, ah, you, you, I have, I have given you verbal evidence that I am entitled to drive. I can ah, 4757 - That's not. You could tell me anything couldn't you. HOSER - Okay, well, 4777 - Could I please see your driver's licence and your taxi driver's licence. HOSER - I can show you ay ah, just pardon me, I'll tell you what I have got. HOSER RUMMAGING THROUGH HIS TAXI BAG I don't know what I have got here, because I rushed out of my house today, and ah, RUMMAGING THROUGH BAG WHICH CAN BE HEARD HOSER - Now as you understand if someone loses a licence and then they go to the Road Traffic to, they have seven days in which to go to the Road Traffic and tell them about it. Are you aware of that? HOSER - That's the law. 4757 - That's a lost, losing it. HOSER - A licence. 4777 - MUMBLING HOSER - It doesn't matter how, it doesn't matter how, it doesn't matter, it doesn't matter how the licence is lost, if someone has lost a licence, 4757 - There is a difference between loss and confiscation. HOSER - Right now this is ay er, this is a er a Victorian piece of ... and my licence number is on there. 4757 - That doesn't mean anything to me. ... HOSER - The licence number is on there. There is an expiry date on the licence which is ninety three. 4757 - But that's what I mean, your licence has been cancelled. This licence has been confiscated by the RTA, you cannot show me, All right. HOSER - RTA, Okay, that, did you, the licence was taken off me on the Thursday, do you understand that? You, you, were aware of that. 4757 - Your telling me that. HOSER - Okay, I'm telling you that. The licence. The RTA saw me on the Friday after they had been served with the documents and they noted it, and they allowed me to keep driving. Okay? 4757 - Well, HOSER - Now the RTA officers, the RTA officers concerned were messers Perry and Mon, Moncrief, 4757 - I believe I know the Gentlemen, ah, HOSER - I'm sure you do. HOSER - So er 4757 - MUMBLING LOUD NOISE OF OTHERS AND POLICE RADIO IN BACKGROUND HOSER - So er, you know, 4757 - They have, I have had discussions with them, and they informed me, HOSER - Since when and when? 4757 - Well since about er half past three this afternoon, and they have informed me that you can't drive at all. Your not to have, ah, their legal people on to it, and you are not, you can't drive at all and that's it. HOSER - Well their wrong. It's as simple as that. 4757 - That may well, they will decide, you haven't got a licence now with you, you can't drive. 4757 - If you ask me, your licence has been confiscated and you are not to drive. HOSER - No, ah, let's start from scratch. Um, the situation is that I am entitled to drive until the appeal is heard. 4757 - Not, that, not if the court's allowing you to drive without a licence. POLICE RADIO STILL LOUD IN BACKGROUND HOSER - No, no, 4757 - MUMBLING HOSER - Perry was at fault in taking the licence off me. He gave me a letter, 4757 - MUMBLING THEN PUTS THE RADIO TO HIS HEAD WHERE IT CAN NOW BE HEARD ON THIS TAPE RECORDING MUCH LOUDER HOSER - Sorry? 4757 - Your name pleaee? HOSER - You have all that don't you? 4757 - No I don't. HOSER - Ah, 4757 - No, no, no, I'm asking you your full name. HOSER - Well, 4757 - No, I don't want to see anything, I'm asking you your full name. HOSER - Philip Hoser, Philip Hoser. 4757 - Is that your full name Philip? HOSER - Oh, yeh, my middle name, Jacob. 4757 - Jacob. HOSER - Philip Jacob Hoser, fourty one Village Avenue, Doncaster Victoria, three, one, owe, eight, 4757 - I'm not that fast at writing. 4757 - How do you spell your last name again? HOSER - H O S E R 4757 - S E R 4757 - Your date of birth? HOSER - Um, well, you see I'm known under two names, Philip Hoser and Raymond Hoser. And, I'm known under both names, it's simple as that. 4757 - Do you have licences under both names? HOSER - Yes. 4757 - And why do you have licences under both names? Do you pretend to have more than one licence? HOSER - Well that matter's before the court as well. So, because I've got matters to be decided by the court, 4757 - Mmm HOSER - Ah, I think there's a word called subjudicy, which prohibits me from even talking about it. And I was led to believe that I hadn't committed an offence, Okay. (1) 284 (1) 301 4757 - Well Mister Hoser, I believe our friends from the RTA are present, HOSER - I thought, 4757 - Are in the vicinity. HOSER - I thought they would be hear, so, 4757 - However you understand of course that I cannot let you drive until you prove to me you've got a licence, and you'll have to prove to me you've got a licence, HOSER - Well it's a matter of what sort of proof you need. 4757 - Well I need to see your licence LAUGHING AS HE SAYS THIS HOSER - I've told you, I 4757 - I have, I have, been conveyed information from the RTA that you don't have a licence, that you cannot drive, therefore, I would be neglecting my duty if I allow you to drive. 4757 - Ah, you understand that? HOSER - No. 4757 - Do you understand why I am not going to let you drive. HOSER - Not really, but I know what you are arguing but I don' agree with your argument. But I still respect it. 4757 - You don't have to agree. I'm not asking you to agree. HOSER - Now, er, these RTA bloke's that are here, which two are they? 4757 - Oh, well I'm not exactly sure which two's about at the moment. HOSER - Where are they? 4757 - As soon as they roll up, they roll up. HOSER - You've got a radio on you? 4757 - That man over there's got a radio. HOSER - ... Hoser can I please just move my car foreward so these taxi drivers do not get upset. ON TAXI RANK 4757 - You can't move your car. You can't drive. 4777 - You can't drive the car. MUMBLING HOSER LOCKS UP HIS CAR (1) 330 #*# (1) 365 4757 - Well, you know you could tell me anything, couldn't you? 4757 - And you could tell me your name is, ... HOSER - You know who I am. 4757 - Oh, I know who you are. Of course. HOSER - You've seen me here, you've seen me here, 4757 - Yeh, HOSER - You've seen me here many times before, 4757 - Of course I know who you are. HOSER - You know I'm not gonna run away. Ah, well I think your over reacting slightly there. 4757 - I'm not. I'm very. As I say, as I say, conversations I've had with the RTA leads me to believe that you cannot drive at all. And you, you cannot show me your licence. Nothing to show me. HOSER - Sorry, no, no, that's not right, that. (1) 373 #*# (1) 381 HOSER - So you know, you can't say that just because I'm not producing my licence, that you suddenly have to hold me hostage for some time out here. 4757 - I'm not holding you hostage at all, HOSER - Um, 4757 - I'm preventing you from driving, HOSER - Same effect, same effect, 4757 - No it's not. Well you said it. 4757 - You know, you can leave the car and go and have a cup of coffee or do whatever you wanna do. HOSER - I appreciate that. I'd prefer to stay by the car. 4757 - All right, 4757 - Well you see, Your not, your not at all, um but you are, because you have such a good knowledge of the um road safety act SARCASTICALLY you are no, ah some of the powers that are endowed upon police with us, HOSER - Well the police powers are actually equal, I'm not saying what they can and can't do, and they tend to overstep their powers quite often, in fact, the Road Traffic, 4757 - You haven't been a police officer would know of course! MORE SARCASM HOSER - No, having experiences with police officers, and er, no doubt you've read the Fitzgerald inquiry report or you're aware of it anyway. (1) 394 #*# (1) 407 4757 - You've become a bit of an authority on corruption. HOSER - No, I, ar, I am well known about er, er, oh yes I've talked about corruption and things. 4757 - Playing that tape or (1) 409 HOSER - About corruption, I've, you know, I've featured on documentaries on the subject so, 4757 - Have you, oh that's interesting. Which documentary in particular. HOSER - Ah, Oh a number of them actually. 4757 - A number of them, well I mean, yeh. Which in particular. HOSER - A number, I s'pose. 4757 - I've spoken to ... 4777 - I'm ... CONVERSATION BETWEEN TWO POLICE OFFICERS THIS AND THE ABOVE LINE 4757 - I mean, you make the statement, I'm, I'm asking you which, which ones, I mean, there's a number, so obviously you, you would know. It's not the sort of thing a person forgets is it? HOSER - No, that's true. HOSER - I don't really want to go round naming them, but I have appeared on a number of programmes. 4757 - That must be very lucrative for you. HOSER - Overseas in relation to corruption and things. 4757 - You've been in overseas in international corruption enquiries. HOSER - No, no, no, I have been on programmes overseas, 4757 - Oh, HOSER - They, they, filmed here. 4757 - Which programmes in particular? HOSER - Ah, British ones. 4757 - Which British programmes in particular? HOSER - Ah, British ones. 4757 - Ah British ones, yeh, but I mean, which British programmes. HOSER - Oh see look, oh I don't even know the name they went under. 4757 - About the police. HOSER - Nothing to do with Federal Police. 4757 - Oh of course not. We don't, there's no corruption in the Federal Police. HOSER - No corruption in the Federal Police. HOSER - You say that emphatically. 4757 - Yeh, I'm telling you, there's none. HOSER - Oh gees, a few Royal commissions would disagree with you there. 4757 - No, HOSER - Have you read, have you read the Costigan report? 4757 - Have I read the Costigan report. Ah, a little bit heavy reading for me I'm afraid, I like ... for sleeping. HOSER - Well he refers to it. Well he refers to the Federal Corruption. (1) 431 #*# (1) 438 HOSER - Anyway, turning a long story short, what's happening. Your staying here, I'm staying here, ah, are you waiting, your waiting on someone to come along, is that correct? or, 4757 - Well the RTA I believe are on their way. HOSER - They are on their way. 4757 - They are on their way. HOSER - Oh good, which officers do you know? 4757 - No I'm sorry, I um don't have access to their radio channel so I couldn't tell you. (1) 442 PAUSE 4757 - Mm, no I've never even seen your shows before, are you sure that's impossible? SARCASTIC AGAIN HOSER - I'm sure you have. 4777 - Actually I don't think I have. 4757 - Most Tee Vee shows that I know, well I, not that I know any, I wouldn't know what programmes, I find it hard to believe, you won't take offence to that of course, but I find it hard to believe that you have actually been in in a documentary, HOSER - That's fine, 4757 - Of course. HOSER - You probably won't believe I've written books, until, 4757 - Oh, no, I, I've written a few stories in my time. HOSER - No, no, (1) 450 (1) 450 (1) 471 4757 - Isn't it amazing, the difference between police forces. HOSER - MUMBLING 4757 - I, I believe you have licences in other states. 4757 - Is that, I mean I've, I mean that's what, that's what I've been led to believe. Is that a fact. HOSER - Well I'm not really sure of my current status anywhere at the moment. HOSER - Except in Victoria, which is where I am, which is the only place I have an interest in at the moment. (1) 475 4757 - Mmm, I believe you have a Canberra licence. HOSER - Probably. 4757 - Probably do. Is that in your name or Ray Hoser. HOSER - You seem to know more about it than me. 4757 - Oh, no, no, I'm asking you a question. It's just a question. HOSER - No doubt you've, you've done lots of investigations into me. 4757 - Oh, HOSER - And no doubt you know all about my past. 4757 - I know all about it. I knew, I know exactly who, who was the nursing sister who delivered you, and the doctor, he was a good man, a good strong man. SARCASM I haven't got a clue about your past and I really have no concern. THEN HOW AND WHY DID HE KNOW ABOUT HOSER'S ACT LICENCE? I'm more concerned with right now. However, I'm concerned that um, I have been told that you have a Canberra licence. And I'm asking you, do you have a Canberra licence? HOSER - I don't know. 4757 - Oh, HOSER - Well you know, it might have even, well it might have expired or something. 4757 - Well it will soon, no doubt. EXPIRY DATE ON LICENCE WAS ABOUT A WEEK LATER HOSER - Well you know better than me, what's, what's happening. (1) 495 #*# (1) 525 HOSER - Okay so, could you just le, just let me know what's happening. You've got the Road Traffic coming out here. 4757 - Yes. HOSER - And when the Road Traffic Arrives, what's likely to happen? Their just likely to tell you what? 4757 - Well it's in their hands. 4777 - Their the ones that confiscated your licence. STANDING FURTHER AWAY 4757 - Um, it's in their hands basically. They will either say you can drive or you can't. Yeh. HOSER - So your pure function is basically to stand here and guard me and the car. (1) 533 #*# (1) 544 TWO OTHER FEDERAL POLICE ARRIVE ON SCENE DISCUSSION ABOUT DINNER BY POLICE #*# (1) 562 RTA ARRIVAL AT AIRPORT FEDERAL POLICE STATION AND FEDERAL POLICE RADIO CAN BE OVERHEARD DIRECTING OLSEN TO THE ANSETT RANK WHERE THE INCIDENT WAS HAPPENING #*# (1) 598 GEORGE OLSEN ARRIVES ON THE SCENE HOSER - Oh look, who do we have here. 4757 - Sorry to drag you out of bed. OLSEN - That's so good. LAUGHTER BY POLICE AND OLSEN HOSER - Mister Olsen how are you. OLSEN - How are you doing tonight. HOSER - Very well. OLSEN - What name are you using tonight. HOSER - You know who I, Philip Hoser. OLSEN - You are. OLSEN - Have you got a licence and your driver's certificate? HOSER - You know I don't have it on me. OLSEN - Where is it? HOSER - Mister Perry took it. OLSEN - Did he. Why did he take it. HOSER - He gave me a letter saying, we, the Road Traffic Authority have cancelled your licence, he then ah, he, he, no first he snatched the licence off me, and then um, are you aware of the fact that you were served with, the R T A were served with a ah summons on friday afternoon at four O'Clock. OLSEN - Nope HOSER - Your not aware? Your not aware of that Mister Olsen? OLSEN - Nope. (1) 608 #*# (1) 623 OLSEN - Let me tell you. HOSER - Your not going to threaten to assault me, are you Mister Olsen. OLSEN - I beg your pardon? HOSER - Your not going to threaten to assault me are you. OLSEN - What are you talking about. REFER TO PREVIOUS ASSAULT AND CHARGE FROM APRIL 1989 HOSER - I just asked you a question. Are you gonna threaten to assault me or not. OLSEN - What's, what's question's that. I asked the question, to tell you what's going on. You are not allowed to drive pending that appeal. So it's in your own interests to get it heard as quick as possible. That's the bottom line. All right. HOSER - Mister Olsen, well I was led to believe different. OLSEN - Well I don't know about led to believe. HOSER - Secndly Mister Olsen, secondly Mister Olsen, are, your no doubt aware that I was meant to be having a hearing with the Road Traffic Authority that I was never given. Haven't you, are you aware of that? OLSEN - That's entirely up to yourself. You have to sort that out. HOSER - Whaddya mean. Your the Road Traffic Authority. I meant to be sorting it out with you! OLSEN - Will you state your full name please. HOSER - You know it all. OLSEN - You tell me your full name please. Whichever one you use. HOSER - Do I have to. Am I legally obliged to? OLSEN - Yeh, I'm afraid so. HOSER - Can you show me the regulation. OLSEN - Yes. OLSEN - Do you want to, HOSER - Show me the regulation. OLSEN - No right now. HOSER - I've already shown you all my details heaps. OLSEN - Well I'm asking you. HOSER - Um, well, look, your being smart. (1) 636 #*# (1) 686 OLSEN - It's all I need. Right. OLSEN GOES TO WALK OFF HOSER - What, that's all he needs. OLSEN - You can't drive. HOSER - Well how am I going to get the car back to where I've got to take it? OLSEN - Well I suggest you call up the owner and tell him to come and get it. That'd be one way. 4757 - You certainly won't be driving off the, from the airport tonight. HOSER - There are, there are other ways. I could always get someone else to take me and then they can catch a cab there. Couldn't I. OLSEN - Yes, you can do that. HOSER - So Mister Olsen are you trying to tell me, see where's your source. Have you read the act. OLSEN - Ah, not today I haven't. HOSER - Okay, well Mister Olsen, I put it to you, that, OLSEN - MUMBLING GRABS HOSER HOSER - I, don't touch me that's an assault. That's an assault. OLSEN - See you later Philip. HOSER - Now Mister Olsen, ... HOSER - Now listen, if your not going to stand here, I will drive the car off. Now you have to answer, OLSEN - TURNING AROUND You will, will you. LAUGHTER FROM POLICE AND FAC OFFICERS STANDING ADJACENT OLSEN - I don't think so. HOSER - Now you have to answer what these, one, two, three, four, five, six, seven er, there's HOSER - Now Mister Olsen, unless you satisfactorily explain here and now why I'm allowed to drive, surely I'm allowed to drive it. OLSEN - No, no. I tell you what you do tomorrow. You contact Derry Ashton at the Road Traffic Authority and he'll go through it all with you. Very calmly if you if you go to one sixty nine Burwood Road Hawthorn. All right. HOSER - Surely I would be better off seeing the Authorised officers I was meant to be seeing before, with legal representation, as I was advised to do in the first place. OLSEN - Well you suck up to your legal representation. Do what ever you like. HOSER - Well then I, I presumably have to arrange a time, don't I. OLSEN - Well do it. Don't, I can't help you there. 4757 - What do you want me to do? 4757 - MUMBLING HOSER - It's a pity I can't swear at you, I'd love to, um, OLSEN - Well, come over here, come over here. HOSER - No, no, no, no, no, Right so you are trying to tell me that if have an appeal, I love the smile on your face, that if I have an appeal before the court, that does not entitle me to drive. OLSEN - You got it in one. (1) 711 HOSER - Then why is it that if I have an appeal before a court for an alleged assault that I didn't commit, that I was jailed for, why haven't I served the jail sentence. OLSEN - What are you talking about now. HOSER - It is standard with all appeals, OLSEN - yeh, but ... HOSER - But whatever, whatever. HOSER - An alleged assault against a female called O'Shannessy, why, OLSEN - Why, I don't know. HOSER - I'm sorry, you do, you do, HOSER - Well I'll explain to you the legality Mister Olsen. OLSEN - Well I don't know the matter. HOSER - I'm sorry, you do, you do. OLSEN - Good night, I'll leave you to deal with him TO THE FEDERAL POLICE 4757 - No worries. OLSEN - See you later guys. 4757 - Thanks for that, okey doke, thanks very much. 4777 - Bye (1) 717 (1) 751 HOSER - Excuse me officers. I'm entitled, I am allowed to leave this car parked in the drive aren't I. 4757 - Wooo, oh, that's up to the FAC EF AY CEE HOSER - FAC officer. FAC OFFICER - If it's there too long, we'll tow it away. HOSER - How long is too long? FAC OFFICER - Ah, a reasonable amount of time. How long will it take for the owner to get here? HOSER - Two hours. Maximum. FAC OFFICER - It always could be. Needing ... on this cab? FEDERAL POLICE OFFICER - MUMBLING THEN LAUGHTER BY THEM FEDERAL POLICE OFFICER - I think your in for a long wait. (1) 759 ALSO IS 79 ON SIDE TWO #*# (2) 092 HOSER - The rank is not full. It's not gonna be full, so it's not gonna be in anyone's way. 4314 - It shouldn't be 4757 - Fourty five minutes. You want to haggle. Let's haggle. Any advance of fourty five minutes. ALL FAC AND POLICE ARE IN FITS OF LAUGHTER NOW FEDERAL POLICE OFFICER - I'll bring the bar up. PAUSE HOSER - I'm trying to be reasonable gents, and lady. FAC OFFICER - Oh, we'll give him sixty minutes. 4757 - Yeh, Sixty minutes it is. Starting from Five two seven. PAUSE 4757 - Ten, ting, fifteen... MAKING FUN OF THE SITUATION PLANE FLIES OVERHEAD FROM THIS POINT HOSER TRIES TO GET OTHER TAXI DRIVERS TO DRIVE HIS TAXI BACK TO RICHMOND AND HE IS HARASSED BY THE POLICE AND THEY EVEN THREATEN ONE DRIVER WHO OFFERS TO TAKE HOSER'S CAB, AND ALL OTHER TAXI DRIVERS WHO OFFER HOSER ASSISTANCE ARE ALSO HARASSED TO VARYING DEGREES IN A DELIBERATE BID TO MAKE IT HARD FOR HOSER #*# (2) 179 THE FIRST TAXI DRIVER IS READY TO DRIVE HOSER'S TAXI (2) 179 HOSER - You ready? TAXI DRIVER - The policeman said I can't drive your car. HOSER - Sorry? TAXI DRIVER - The police man said I'm not allowed to drive it. HOSER - Well their full of crap. HOSER - Um, excuse me officers did you tell him that he couldn't drive this taxi? 4757 - MUMBLING AT A DISTANCE HOSER - None of you said that, that he couldn't drive the taxi? 4757 - No, HOSER - Well he just told me that you did. FEDERAL POLICE (SEVERAL) - Ooh God, HOSER - Okay. HOSER - Excuse me, which officer said that you couldn't um, ah drive the taxi. TAXI DRIVER - The one up there POINTS AT 4757 HOSER - Which one. Which one. The, TAXI DRIVER - Ah, HOSER - The young and skinny one, TAXI DRIVER - Yeh, HOSER - The young and skinny one there, TAXI DRIVER - Yeh. HOSER - That's all right. 4757 - MUMBLING TO TAXI DRIVER TAXI DRIVER - I'm just telling him that you told me not to get involved, so I'm just telling him the same thing. 4757 - Yeh, well, ... 4757 - Your allegeging,... HOSER - Is this man allowed now, is this man allowed now to drive a taxi? PAUSE HOSER - I think your using a bit strong arm tactics there, I think. Butb that's your perogative. (2) 203 #*# TERRY PULLS UP IN HIS TAXI AND WHEN HE OFFERS TO HELP HOSER THEY SAY THAT THEY WILL TOW HIS CAR AWAY. TERRY ENDS UP TAKING HIS CAR TO THE SHORT TERM CAR PARK AND TAKES HOSER AND HIS TAXI BACK TO RICHMOND (2) 354 TAPE AND TRANSCRIPT FINISHES TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND DANNY ELFAKHARI DATED 04/10/89 AT ABOUT 5 PM TRANSCRIPT IS AT ILMA GROVE NORTHCOTE. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. DANNY = DANNY ELFAKHARI HOSER = HOSER MAURICE = MAURICE ELFAKHARI TRANSCRIPT STARTS NOW HOSER - Catch DANNY - A listen, I've got something that's very important. Um, you've got to park the car, if your in a rush, HOSER - No worries, no worries. No I'm not in a rush. HOSER PARKS HIS CAR, GETS OUT OF IT AND WALKS OVER TO DANNY HOSER - Is that a phone? DANNY - Yes, I've had a talk with that man. HOSER - Who the RTA? DANNY - Yes. HOSER - What did they say? DANNY - They said to me that you can't drive for me. If you drive their going to er, get me. HOSER - How come? DANNY - They reckon they've taken your licence away from you. You've appealed it. And it's still suspended until the appeal comes up. HOSER - No, DANNY - That's not true, ... HOSER - I, DANNY - I'm just saying to him, well then, ...RTA, what happens you know what will happen don't you. Their going to victimise my cars. ... MAURICE - Tell them to go and get fucked, you just mind our cars. DANNY - All right. Otherwise you know what they'll do? They'll, they'll gang up on us. I've got too many cars to worry about. You know what I mean. HOSER - All right. Fair enough. DANNY - Please avoid them, like, like the plague. HOSER - Avoid them like the plague, yeh, no worries. DANNY - Don't go to Tulla. HOSER - Who actually rang you? DANNY - Ashton, Ashton. HOSER - Derry Ashton, yes. DANNY - He rang. He was looking for me all day. DANNY - He insisted he finds me that day. He insists he finds me that day. All right. DANNY - I'd rather you start changing over here again actually. HOSER - If you want. DANNY - In a Regal car. Would you drive Regal? HOSER - I'd rather drive Arrow. DANNY - I'll have to put you back on fox four six then. HOSER - Now, or, or start tomorrow. DANNY - Start Tomorrow arvo. HOSER - All right. DANNY - So what did this Ashton say? HOSER - Well, I told you the story. They came out to the airport. He just took my licences, I went, I went to the courts, and the um, the people in the court, look the RTA are a pack of thugs. DANNY - He told me that's what happened, so, HOSER - Right, yeh I, I can give you the names of the people. Wait there I'll get you the names. HOSER WALKS OFF HOSER - MUMBLING ... I've got the name of the guy, but he's at home. Questioning for Ashton. 1/ First encounter was in court in "NAME SUPPRESSED" case. 2/ Subsequent encounters at airport. 3/ On 7/11/89 Ashton was drinking while on duty at Melbourne cup. 4/ Ashton assaulted Hoser and tried to take camera off of him. Told off by superior officer namely Hodgens. 5/ Ashton refused to give statement of incident after taking outside legal advice due to his knowledge of guilt. 6/ Ashton has also assaulted "NAME SUPPRESSED" more than once, including in the Abbotsford area once, an incident also reported to his superiors. 7/ Ashton not charged with assault to date. (HOSER CHARGED AT LEAST TWICE). Questioning for Bailey. 1/ First encounter was in Aug, 1989. 2/ Numerous dealings with RTA and Kew police on day. 3/ Hoser not cuffed when arrested. (Why not). 4/ Hoser not aggressive to Hoser. 5/ Bailey taped Hoser at all times, (see transcripts). 6/ Why was Hoser taped??? 7/ Later encounter on 9/04/90. 8/ Refesed to proceed with case against Hoser on that date despite expressed desire by Hoser to do so. 9/ Told Hoser he was to be charged with assault for taking his photo. (Indicates willingness of police to charge Hoser with 'easily provable' minor assaults, etc). 10/ Hoser took about five photos. 11/ Hoser and "NAME SUPPRESSED" taped Bailey and Bailey stated he taped Hoser and "NAME SUPPRESSED". 12/ Bailey to produce tape. 13/ Bailey deliberately mis-quotes laws to harass Hoser, et. al. Questioning for Bingley. 1/ First encounter was on night of fare evasion by O'Shannessy. 2/ Refused to charge her on night. 3/ Consultations with Bowman on a number of occasions before 10/11/87. 4/ Hoser charged with assault of O'Shannessy some 7 months later. 5/ Bingley rigged case and later admitted to doing so. 6/ White was a stooge witness in Bingley case (as per transcript on march 1988). 7/ Bingley himself lied in court in dec 1988, (e.g. Bingley stated that Hoser never protested his innocence of charges in march 1988, but that was not verified by the transcript of march 1988 which showed he had). 8/ Hoser lodged complaint over matter with IIB. 9/ Bingley admitted authenticity of ALL Hoser's tapes and transcripts provided. 10/ Bingley admitted some fault in his behaviour. 11/ Bingley since promoted. 12/ Bingley saw Hoser on or about 30/09/89, and was apparantly jubilent that he had been charged by Kew police. 13/ Bingley admitted in late sept (above occasion) that he had camera gear, etc, of Hoser's and that Hoser would not get it back. 14/ Bingley's photo taken on 27/02/90. Questioning for "NAME SUPPRESSED" 1/ Your story with police and RTA in brief. 2/ Destruction of your ability to earn income. 3/ Aggression by police/RTA. 4/ Fear of taping by police RTA. 5/ Valentine outside court in 1989. 6/ Olsen's relationship to police, etc. 7/ Hoser's character. Questioning for Magistrate. 1/ Police story lacks co-hereance and credibility. 2/ Police over-reacted against Hoser and Hoser merely tried to slow them down but they 'kept coming'. 3/ Hoser's behaviour was dictated by a willingness to co-operate with and tape police and avoid assault. Hoser objected to being cuffed (see Bailey evidence). 4/ Police charges were motivated by past and existing hostility between parties including Hoser's three written books and complaints to IIB, etc. 5/ Only loser to date is Hoser. Questioning for Olsen. 1/ First encounter was meter check in mid 1988. 2/ Second encounter in dec 1988, stopping multiple hiring. 3/ Third encounter in late feb 1989, Hoser took Olsen's photo. Olsen objected. 4/ Fourth encounter, 7/4/89, Olsen assaulted Hoser and was charged. 5/ Kew charges. 6/ Olsen charges dropped as part of agreement. Kew charges not dropped. 6A/ Olsen admits to RTA/Police having Hoser's tapes, etc from 21/5/89. 7/ Olsen appearing at court for police in this matter (21/5/89). 8/ "NAME SUPPRESSED" case for licence. 9/ Booking Des Burke two days after case in which Burke gave evidence against Olsen. 10/ Participated in assault against Hoser on 7/11/89. 11/ Very keen to see Hoser deprived of income and also behind bars - (case on 9/04/90) - Also 21/5/89 case at Prahran court in 1989. Questioning for Patterson/Nash. 1/ First encounter was in April, 1989. 2/ Fare evader not prosecuted. 3/ Assaulter wasn't arrested or cuffed (as for Ricky May in 1990). (Why not). 4/ Eight year police directive not to prosecute minor assaults. (Where is the evidence of this?). Questioning for Valentine, et. al. 1/ Bingley. 2/ Bailey. 3/ RTA. 4/ Fear of taping by Valentine at police station....to hide the truth. 5/ Valentine outside court in 1989. 6/ Olsen's relationship to police, etc. (this case and it's supposed dropping of charges). 7/ Hoser's history with police and corruption. 8/ The contents of Hoser's car. 9/ Reason for charging Hoser. 10/ Injuries sustained by parties. 11/ Cuffing of Hoser. 12/ Speed of arrest of Hoser within sixty seconds of encounter, goes against trend of Prahran and doncaster police with assaults real or alleged. - Over-reaction by Kew Police. 13/ After Hoser for some time. 14/ Hostility of Kew police to complaints/Hoser/Hay/Threat to kill father by Robby of RTA. 15/ Contents of Bingley transcript. 16/ Listening to tape recording on micro-tape and dameage to it when scuffling outside car/assaulting Hoser. 17/ Theft of ATTC manuscript. 18/ Co-operation with RTA in this matter. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND A ROAD TRAFFIC AUTHORITY OFFICER, WHOSE DETAILS AS WRITTEN ON TWO TRAFFIC INFRINGEMENT NOTICES WERE M. D. CEMM (RANK AND NUMBER GD3/10), (MICHAEL D. CEMM), AND ANOTHER RTA OFFICER, NAMED COLIN WARREN. BOTH RTA OFFICERS WERE NOT KNOWN TO ME (HOSER) PRIOR TO THIS DATE. TRANSCRIPT IS DATED 05/07/89 IN THE EVENING, AT ABOUT 8.35 P.M. HOSER HAD JUST DONE A FIVE WAY MULTIPLE HIRING FROM TULLAMARINE AIRPORT, TO VARIOUS DESTINATIONS IN THE CITY AND EASTERN SUBURBS. HIS LAST PASSENGER WAS ON BOARD THE CAB WHEN HE WAS STOPPED, THAT PASSENGER GOING SOMEWHERE IN THE KNOX AREA. HOSER HAD DRIVEN EASTBOUND ALONG HIGHBURY ROAD, AND TURNED LEFT INTO SPRINGVALE ROAD BEFORE A CAR PULLED ALONG SIDE HIS TAXI AND THE DRIVER FLASHED AN RTA SIGN AT HIM, INDICATING THAT HE WANTED HOSER TO STOP HIS TAXI. HOSER STOPPED HIS TAXI ON THE SIDE OF SPRINGVALE ROAD BETWEEN HIGHBURY ROAD AND BURWOOD HIGHWAY. IT IS HERE THAT THE TRANSCRIPT TOOK PLACE. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. C = CEMM (RTA OFFICER) H = HOSER (TAXI DRIVER) P = PASSENGER IN HOSER'S TAXI. W = COLIN WARREN (CEMM'S OFFSIDER) (RTA) TRANSCRIPT STARTS NOW H - ... one of the Road Traffic guys on an assault charge, and that might be why their pulling me up. I'm bound to know who the bloke is, it'll be interesting. Yeh, I know these guys, ah this is ah, can't recall his name. HOSER THOUGHT IT WAS ANOTHER OFFICER AT A DISTANCE, BUT WHEN THE OFFICER SPOKE TO HIM HE REALISED IT WAS SOMEONE UNKNOWN TO HIM C - Excuse me sir. Road Traffic Authority. H - Yeh, yes. C - Do you have your meter on standby? H - No, it's on, on run at the moment. PASSENGER'S FARE HAD ALREADY BEEN AGREED UPON ANYWAY, SO RUNNING OF METER WAS A MERE FORMALITY AND THE METER ALREADY SHOWED MORE THAN THE PASSENGER HAD ALREADY AGREED TO PAY, DUE TO MULTIPLE HIRING H - What can I, what can I do for you? It's on hold now. C - Step out of the car with your licence and your driver's certificate please. H - Can I ask you, can I, yeh, can I ask you er, any particular reason or not. C - Because of your speeding. H - What speeding. C - Is your passenger in a hurry? H - No he's not in a hurry and I wasn't speeding either. C - Would you step out of the vehicle and produce your licence and your driver's certificate RAISING VOICE SUBSTANTIALLY H - Excuse me, where did, H - Can I please have your identification too, because there's been problems with people in uniforms posing as ah, as ah, police and Road Traffic when their not. PAUSE H - No that's not identification. You, your. H - M. Dee Cemm, C - Cemm, H - Cemm, sorry about that, no problems, um, I'll only be a minute. HOSER GOES TO BOOT OF TAXI TO GET LICENCE OUT OF BOOT C - Your the owner of the cab are you sir? H - No C - Oh, C - Have you got a more current rego label on that one. H - Now, can I ask you ah, what you were driving? C - I am writing you a penalty notice for exceeding the speed limit. H - Can you tell me how I, how you, can you tell me where I supposedly sped for starters. C - Yes, from adjacent to the driveway to the Aussat establishment in Highbury Road. H - Sir and how could you have been pursuing me if you just came up er Springvale Road. C - I didn't come up Springvale Road, I followed you down Highbury Road. H - Oh sorry, sorry, HOSER CALLS TO HIS PASSENGER Excuse me sir, you just saw these two guys coming from Springvale Road didn't you. P - ... I don't know where they came from. H - All right, no worries. Okay, no worries. Ah, well I just saw you come from Springvale Road. Now your trying to tell me. Did you have a radar gun or what. C - You rounded the corner of Highbury road without even indicating in your left turn. Do you know that? H - I'm sorry, no, no. C - You failed to indicate. H - Do you want to accuse me of anything else like assault, rape, mug or murder? PAUSE H - You know very well, I er, indicated, I C - You didn't indicate my friend. H - I'm sorry I did. If you want to lie that's your perogative. Now, C - You calling me a liar. RAISED VOICE, AND PUTS HIS FIST UP TO HOSER H - HOSER BACKS OFF Well if you said that. Yes. I'm sorry to upset you. C - You are are you? H - Now er, er, this is my Driver's certificate. C - No it's not. Your photograph. H - That's part of it isn't it? Ah, I'm sorry, it's a technicality, er. There's my licence, and I do want it back, and C - You, you what? H - I do want it back, when you've finished with it. C - I made no suggestion, not at any stage suggested we take it ... H - No worries, no worries, no worries, no worries, ah, there we go. And there's the other one. And can I please have the name of your offsider, as well. C - You don't want that. H - No worries. C - Where is your driver's licence? H - You. I just gave it to you. C - No you didn't. H - There! C - You gave me a receipt for it. H - That's right, because er, my licence has been stolen. C - Ah right! By whom? H - Ah, C - Ah it hasn't been people like police or Road traffic Authority was it. TRUCK ROARING BY HERE H - No, no, no, no, it hasn't been cancelled by the Police or Road Traffic. C - And by whom has your licence been stolen? H - Well I can't be specific as to whom, though I have a fair idea who took it. It has been reported to the police as your probably well aware. Ah. C - You reside at 748 Toorak Road East Hawthorn at the moment do you? H - That is the address on there, yeh. C - That's where you reside at the moment. H - Yes. C - What did your passenger just say to you before, when you asked him something. H - Sorry. C - What did your passenger just say, H - I just wanted to confirm that you'd come up there. C - And what did he say to you. H - He said that he wasn't taking any notice. C - How long you been driving cabs? H - Quite a while, and there is no way in a fit that I was speeding Okay. C - Oh, well whaddya mean. Okay, I'm not agreeing with you at all. You were speeding. You were coming down Highbury Road and you failed to indicate. As well. H - Well where were you? C - Well we were right behind you. H - I indicate as a reflex action. C - Did you? Well your reflex action needs testing my friend. H - Well I'm sorry. Well I will tell you something. You never indicated when you pulled over to the left here. C - What do you mean I never ind, hey hold on, he's driving. H - Ah, Okay this man. C - Ay. H - I mean you. I mean you. W - I don't really think you know what your on to. H - Well I'm sorry, I do. W - Are you all right? H - Have you been drinking. W - What, have I been drinking? I tell you what. If you go any further, I'll be getting out a pen shortly. W - All right. I've just about had enough. W - You, do you listen to the news about the road toll? H - Yes W - You do do you. Do you know how many people died a couple of weekends ago? H - Yes. W - All right? H - And I'm certainly not the cause of that. It's people like you that are doing it. Because your booking professional drivers like myself who are not doing anything wrong, when you should be booking these idiots. Tonight for example, I was driving down a street, there was a guy driving without lights on on the wrong side of the road. Where were you? W - In other words your perfect are you? H - Your too busy, giving trouble for professional drivers. C - Your that good are you? Your that good! H - Pretty close, pretty good. C - Pretty close. H - Pretty good. I'm not perfect, no one's perfect, but pretty good. W - How many accidents have you had. H - Oh quite a few. W - Quite a few. H - I'd say I had four last year. I was parked every time. I wasn't moving. W - Where were you parked. H - Legally. Every time, thank you very much. C - Was ya. H - They were, because you aren't booking the right people. H - The way I see, is it's just a revenue raising exercise. That's where I fit in. You can respect it or dislike it, you know. But my opinion is, it's purely a revenue raising exercise. W - Do you realise, just for a second, your just absolutely wasting your time talking to us. It is going in my ear and out the other. H - No I'm sorry. W - And would you like to conserve your energy. H - No worries, Okay. Bye. W - You get it. PAUSE H - It is cold isn't it. W - No, we're used to it, I'm afraid. W - We have to work, C - ... an expiry date? H - Sorry, W - Ah, it is expired. I can't raise it on the radio. H - What's expired? C - The registration on the cab. C - MUMBLING AT A DISTANCE AWAY H - I can assure you the cab is registered. Do you want me to give you the name and address of the owner? C - Oh, we'll check it up. H - So that's not a problem. W - It's not a problem or it is a problem, but we'll check it up. H - So it's not a problem for me. W - It's not a problem for you, it is, it's primae facie unregistered. If you have an accident you could be in the poo. H - Are you saying it's unregistered? C - Primae facie, do you know what primae facie means? H - I don't know the dictionary terms, sorry. C - Primae facie means on the face of it. First, the first H - The first glance C - Look, of the vehicle, the first glance means it's unregistered, unless you've got that label. H - Okay C - Now when you get back to the owner, see if you can drill him to get the label. H - No problems. No problems C - All right, it's in your own interests. H - Um, sure, I see that, thank you very much for your advice. Um, earlier you said I was speeding, do you have a er, er the speed I was doing. C - Yes, do you want to have a look at the device? W - Seventy eight kilometers per hour. H - Yes please. H - It's freezing isn't it. H - Now you can point that at any car and get the speed. Is that correct? W - Ah ha, if we do it in your car we'd probably do it to you. H - Hold it, hold it, hold it, and how long does that number stay on there? C - It stays on there as long as it takes to show you. H - In other words, you could have booked, you could have pointed it at another car and then you've given me the speeding by the car. W - No but we didn't. H - But that is a possibilty. W - It's not a possibility, because we don't work like that. H - But if you did work like that, that would, you know. W - No, but we don't work like that. H - In other words your not answering my questions. C - Your making some very severe allegations against our propriety you know. H - No I'm not alleging it yet. If, assuming you were, if you were dishonest, W - No I'm not going to agree to anything that you, I well, I'm not dishonest. And neither is my partner. H - I'm saying if. W - We're out there trying to save people's lives, and keep the roads safe. H - No your not, no your not, no your not, that's rubbish. That's absolute rubbish. I wouldn't even prostitute that idea ... C - Jump back in the taxi and turn the ignition on and put the left indicator on please. H - The ignition's already on. C - Good, put the left indicator on. ... H - I think that's a bit er derogatory. W - Thought it would, thank you. H - Can I please have your name. W - Warren. H - Warren who? W - Surname. Colin Warren. H - How long have you been with the Road Traffic W - How long. About fourteen years. H - Always with enforcement. W - Always. W - And an enforcement job before that. H - Er, with whom? W - I won't tell what that is, it's my business. H - No worries. H - Can I ask how long you've been with the road traffic. C - Eleven years. H - Oh, C - Why, how long have you been driving a taxi? H - A number of years. C - How many? H - Ah, C - We've both given you a specific answer, H - Sure, sure, I'm thinking, I'm just trying to think, I'm sorry about that. Um, all up, um I've driven in a number of states, ah, C - Could you pick up the rego ... ADDRESSED TO WARREN H - Can I ask you what your writing out that ticket for? C - Failing to indicate. H - You know I indicated. C - I wouldn't be writing the ticket if you indicated. H - I will repeat that. You know I indicated. C - I wouldn't be writing the ticket if you'd indicated, I repeat that. H - You want to book me for anything else while your at it? C - No, I detected no other offences. H - Considering I hadn't done any offences, your not doing bad. C - I'm reporting you for the two offences I detected. H - You haven't detected, can I ask. C - I am reporting you for the two offences I have detected. H - If you were looking at your speedometer beside you, P - Will it be much longer? H - I don't know. These guys are time wasting. W - It will take about another, about another three minutes. H - After coming around in circles from the airplane, I'm just about getting fed up. H - No worries I'll be as quick as I can. H - Sorry, just before I go, you've noticed when I've been driving, I'd been indicating round the corner, hadn't I? P - At every time, and when you've changed lanes. H - Yeh great, thanks a lot. C = Well, ... H - No worries. H - Well before you go any further with that ticket, that man just said he had seen me indicate every time, ah I will be contesting it Okay. C - All right. H - He is an independant witness, you are aware of that. C - Are you ... H - And you are also aware that you wrote out that ticket, C - Are you telling me, H - You are also writing out that ticket after we've had an arguement. C - Well, is that all right. W MUMBLING TALKING TO HOSER'S PASSENGER H - I resent you trying to interfere with the passengers Okay. W - I'm not interfering with your passenger, and I'm not apologising for your, your manner in causing our delay, H -Okay, fine, fine, no worries, W - I am just going to have a private conversation with this gentleman, do you mind? H - If it has anything to do with me, I, I, W - This doesn't have anything to do with you. H - Well I'll just stand here and listen anyway. P - Right H - I'll apologise if I'm, I'm, W - Well I'd prefer, I just want to have, ask this person something actually, quite personal, do you mind. H - I do, yes. W - Go back to the car. THE RTA CAR H - If you said please that would help. W - Please H - Thank you. LONG PAUSE H - Car rego D V P 3 3 1, the device used is a falcon, custom quality electronics, some sort of radar gun, speed shown on that target speed seventy eight it's on hold. Two radios in the cab, in the car, falcon, there is presumably a hold switch, a lamp test, C - Get out of the car, right now. H - Sorry, I'm just looking at the device. C - Leave our equipment to us. H - Well I haven't, I haven't tampered with it in any way. C - Excuse me, excuse me, don't help yourself to government equipment without the permission of the persons in charge of it. H - I wasn't helping myself, I was merely identifying, C - You was helping yourself, by leaning in the doorway. H - No, I'm recording the device there, so that I know if I have to go to to court I can argue, okay. C - Why, H - I probably won't even bother. C - What would you need to record? H - Well so you don't go to court and say you've got a different device, or something. C - Well what sort of device would you like me to say I've got. You can see what it is, I've told you what it is, it's a radar gun. H - Yeh there's different types of radar guns okay. C - Oh, yeh. What sort's that? H - I wouldn't know. All it's got, C - Then why are you bothering to look. H - It's got falcon written on it, that's all I needed to know. Okay. H - You, you don't have to be so aggressive either. C - LOUD LAUGHTER H - I'm sorry about these guy take, I'm sorry about these guys taking so long. P - Right. H - Now that's a disgrace. This man's got better things to do. I've got better things to do. HOSER WITH PASSENGER IN TAXI AND ABOUT TO DRIVE OFF W - He happens to be a friend of mine actually. W - So, I'd be very pleased if you take him home nice and easy all right. Thank you. H - I treat all my passengers with respect Okay. W - All right. W - Right, well just make sure you do. W - It is registered Michael TO CEMM H - I know W - How did you know that. C - How did I know that. W - an acquantaince. FROM A DOG TRAINING CLUB H - He doesn't own the cab. C - Mmm H - He doesn't own the cab. C - I didn't say he owned the cab did I. Ay. H - You said it is registered, I assume you were talking about the cab. Is that correct? C - What's this. The cab is registered yes. You knew it was registered did you. H - Of course it's registered. W - You've got a direct line to God to know have you? H - No, but I know my owner would, would keep his cars registered. He is a law abiding citizen like myself W - Is he, H - and he ... W - And we're not, we're not. We're scum of the earth are we. H - Well one Road Traffic guy is up on an assault charge at the moment, your fully aware of that. W - Is he. One of them. So one of them is up on a Road Traffic Charge. H - No, and there is another fifteen that are on corruption charges, so you know, with all due respect to you. W - Really H - Um, ah W - Gee this is all news to me. H - Well, it's like that. W - You know if I had a tape recorder going here, I could have this thing going in the paper. For every one, couldn't I! H - Yeh, sorry, CEMM IS MUMBLING IN THE BACKGOUND AND INAUDIBLE H - No, no, no, I said one guy is on an assault charge W - Take this fellow home safely and get in your cab. H - Hold it, hold it, hold it, now just before you go, this is, ... there the two licences, W - That's your licence back, that's your driver's certificate back, that's your ticket for speeding, that's your ticket for failing to indicate. C - All right. W - We got that all clear. H - No, ah what was your name? W - Colin Warren, H - Colin Warren, thank you very much. W - MUMBLING H - Okay, ... W - See you later. W - You've got the number. H - Can I, now how do I book you for failing to indicate Okay. ... BOTH GET IN THEIR CAR AND DRIVE OFF HOSER GETS INTO HIS TAXI H - Gees it's cold, I'm sorry about the delay there. P - He wasn't talking about you by the way. H -Sorry, yeh that's no worries. P - He actually knows me from somewhere else. H - No worries, um, it's just I don't trust those guys. Those particular guys are not who I thought they were. P - He um, H - Oh it's cold sorry, P - I'm a dog train, instructor you see and he goes there. H - Your a what instructor. P - Dog training instructor. H - Oh really, what sort of dogs? P - All sorts. And he, he obviously recognised me there, um that's all. H - Let's just watch him go, I bet he won't indicate again. P - He's probably waiting for you to go first. THEIR CAR WAS PARKED BEHIND THE TAXI H - I don't know, I'll put mine off and we'll just watch him. Sorry about this. No, I think he's going to wait for me, I'll watch him in the rear view. P - He probably won't. H - That's an absolute disgrace. P - What did they reckon? H - He said I was doing seventy eight Kays. Which I doubt. I, I admit I was going over sixty, but I doubt, I wasn't doing seventy eight. P - Was he, was he behind you for long enough to, H - No, they weren't behind me. They came up Springvale Road, and um, then he said you didn't indicate, and it was only when I argued, he made a big deal of it. H - Your right. Their following me. That's interesting, isn't it. P - It just be because he knows me. I don't know him personally, but maybe, ... H - MUMBLING H - God their aggressive old sods aren't they. CONVERSATION CONTINUES ON TAPE BUT IS NOT TRANSCRIBED HERE TAXI ACCIDENT 5/8/88 at 8.50 P.M. Vehicle number: T 7579 (Silvertop taxi, 683). Location: Stanhope Grove, East Camberwell (Vic), on the corner of Broadway. Driver of Taxi: Philip J. Hoser, 744 Toorak Rd, East Hawthorn, Vic, 3123, Licence no. 4189 531 1 (Victorian drivers) Taxi DC no. 135 415 Weather conditions.... It had just been raining and the road was still very wet. It was not raining at the time of tha accident. HOSER'S ACCOUNT OF WHAT HAPPENED . I was driving down Canterbury Road, when I turned into Stanhope Grove and was intending to turn into Broadway (Right turn). I was heading towards the Camberwell Station taxi rank in search of 1/ A fare 2/ To stop and have a feed. I had driven southbound down Stanhope Road, indicating to turn right into Broadway. There was oncoming traffic, so I had to stop at the intersection and wait for the oncoming cars to pass. After I stopped at the intersection I waited and saw four oncoming cars which proceeded to pass me. When the fourth car was about to pass me, I heard brakes screech and a skid. A car then hit my car's rear and pushed my taxi towards the oncoming car (fourth car), and I hit his front bumper with mine. As soon as it was obvious what had happened, I grabbed my microcassette player, switched it to record and TAPED ALL FOLLOWING CONVERSATION. The car that had hit mine was a morone (RED), Volvo, and the driver of the car admitted full liability and apologised profusely for the duration of our contact. The Volvo's rego was BGS-141 (VIC), and he gave me his details as follows... L. C. Gebhardt, 7 YUILE STREET, ASHBURTON, TELEPHONE: 255561. (1979 Volvo). He said that the car was insured, but did not know with whom. His car was so badly damaged (front), that he had to organise to have it towed away. The driver of the other car (that I in turn hit), sustained minor damage only to the front bumper, (Like my taxi did also). I didn't bother to look at the car that I hit, or it's damage. The driver of the other car gave me his details as Bruce Morgan, Northern Mobile Cranes P/L, 1834 Sydney Road, Campellfield, 359-6477, A.H. 857 8716. He told me that his car was insured with BRAMBLES INSURANCE. (His car's rego was BRO-992). After the accident, I got out of my taxi, and spoke to the other (VOLVO) driver, and he admitted full liability. When he walked away, I was approached by two women who had driven past the scene of the accident and seen it all happen. They volunteered their names and addresses to me, in case I had hassles. (I told them that I had taped the Volvo driver admitting liability, but took their names anyway). The witnesses names were (as written): LEONIE THOMSON, 54 MADELINE ST. BURWOOD, VIC. The taxi was drivable and I left the scene after offering all assistances to everyone. The Volvo driver told me he had not been drinking (I asked him that), and I believed him. He seemed sober. The accident was caused by the Volvo hitting my car. I can only assume that he either didn't see me, or he left his braking too late, whereupon he skidded and hit my car. When the driver was questioned in relation to this his comments included, 'I thought you were going to turn before I got that far.' 'I don't know why I hit you' and 'I don't really know what happened, it was all so fast'. I estimate that his travelling speed before hitting me at 60 kph or less but he braked very close to my car, and had no hope of stopping on a wet road. The oncoming car that I hit was probably doing about 50KPH (fourth car in line). The taxi was stationary till hit, and I had my foot off the brakes when hit to minimise impact. I was not in a position to accellerate out of the way of the Volvo coming at my car. Estimated damage to all three cars was. Volvo (front end only, but very bad, about six thousand dollars worth. Taxi, front end damage to bumper bar only, minimal est. $100, and rear end damage (including screwing up of electricals in car est. damage $3000. Other car that the taxi hit, $300 front bumper bar, minimal damage. COURT CASE-THURSDAY SEPTEMBER 5,1985. Points for the defence of Raymond Hoser for the charge of unlicenced driving laid by Waldron in early june 1985. One day in early june 1985 I(Raymond Hoser),went to a job interview at 175 Elizabeth street,Sydney,NSW.I drove to the interview in my car.Upon leaving the interview I noticed a police car parked and waiting on the other side of the street.I got into my car and drove towards Market street.The police car then started moving forewards and then went across three lanes of traffic,doing a U-turn across double yellow lines.I then turned left into market street and then right into Pitt street,and then drove towards central station(and broadway).The police car followed me.Outside central railway,near broadwaythe police car pulled level with me and Waldron(who was driving),told me to pull up across the set of lights in the bus zone. Upon pulling up Waldron asked me to produce my driving licence.I produced my current ACT licence.He then told me that he was going to arrest me for not haveing a NSW licence.When I argued against this his offsider backed me up,stating that it was not an offence to hold an interstate licence.Waldron then stated that he was going to arrest me and take me to darlinghurst police station.I then stated that I would drive my car home before Waldron could take me to darlinghurst police station.Waldron said that he would not allow me to drive another inch,but at this stage his offsider radioed another police car to come and pick up my car and drive it to darlinghurst.Following this Waldron and I argued over his corruptness and vendetta against me. Shortly after this a number of police in cars,from Redfern police station arrived at the scene.ALL of them tried to talk waldron out of arresting me,but waldron refused to budge.Eventually I was taken in a police car with Waldron and his offsider to Darlinghurst police station. The policemen from Redfern followed us in their cars and my car.Upon arrival at the police station waldron took me in and had me arrested for driving whilst disqualified.Although I argued that I had appealed against ALL driving suspensions,Waldron said that he wanted to throw enough mud on me to make sure that some if stuck.Within a few minutes Waldron decided that he wanted to go and have lunch and he left a young policeman to finish processing my arrest.Upon completion of that I asked the police at darlinghurst if I could drive my car home.NONE OBJECTED.I then got into my car and drove home. The charge laid was drive whilst disqualified.But I had laid appeals against the disqualifications(AND WALDRON KNEW THIS).therefore I could not be guilty. Waldron also knew that I had lodged a complaint with the NSW ombudsman in relation to the conduct of himself and other NSW government officers. My complaints(this series)related to the non renewal of licences by the Auctioneers and agents council since 1984-5(for no reason),and by the DMT since december 1983(for no reason).Both had prevented me from working.The government(at NPWS requests) was effectively preventing me from earning any income through Taxi driving or selling real estate,despite the fact that everyone else thought I was great and wanted to employ me.NPWS and others realised that by preventing me from earning any money,I would be less able to afford to give them any trouble. Also by laying a number of bogus charges,they knew that at least some would stick,thus tarnishing my clean image,and therefore aiding in their campaigns to discredit me. With respect to my appeals against the driving disqualifications,I have documentation to support the fact that they were lodged.It is also a fact that the DMT has refused to issue me with ANY driving licence for nearly two years. My driving record outside of NSW is clean,and my ACT licence in june was current and legitimate. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER) AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, 5/12/90 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE RTA HEADQUARTERS ON OR AROUND THE THIRD FLOOR OF THE RTA BUILDING, IN OR AROUND MR. O'SULLIVAN'S OFFICE MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION TOOK PLACE FOR AN ESTIMATED 55 MINUTES AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. KEY. HOSER = HOSER DAVID = DAVID O'SULLIVAN TRANSCRIPT EXCERPTS START NOW SIDE 1 HOSER - CONVERSATION IN RELATION TO OLSEN ASSAULT OF 7/4/89 - Robbie Threatened to kill my father. DAVID - That's right. HOSER - I dropped the charges #*# O'SULLIVAN EXPLAINING CORRUPTION IN ENFORCEMENT BRANCH DAVID - Look man this is a bureaucracy! #*# HOSER - I have better things to do than walk in and out of courts all day long. DAVID - Mm, mm NODDING HEAD IN AGREEMENT #*# BACK TO GEORGE OLSEN CASE ON 7/4/89 HOSER - We all know that Olsen assaulted me. (2/40) DAVID - mm hmm NODDING HEAD IN AGREEMENT HOSER - But it has never been put before a court O'SULLIVAN WASN'T AWARE THAT THE OLSEN MATTER HADN'T BEEN PUT BEFORE A COURT. #*# OLSEN CASE DAVID - Has that ever been put to trial. (2/45) HOSER - Never, never ` DAVID - What's stopping you? HOSER - What is stopping me! Because Mister Robbie threatened to kill my dad and my dad had to go into hospital with a heart attack! That's what's stopping it! DAVID - That stopped it the last time, but what's stopping you now? ANSWER IS VICROADS NOT BEING ACCOUNTABLE #*# (2/100-110) DAVID O'SULLIVAN ACKNOWLEDGES THAT THE KEW POLICE PURSUED HOSER SO HARD ON THE ASSAULT CHARGES OF 21/5/89 BECAUSE THEY HAD THE TAPE RECORDINGS OF THE INCIDENT. #*# (2/116) HOSER - The bottom line is, that everyone in this entire joint knows that I have never done a thing wrong. DAVID - Yes. #*# OLSEN MATTER AGAIN (2/128) HOSER - The easiest way I see, for both of us, RTA and myself, is for the RTA to say right, we will not enforce the court order, whereby you have to pay us money. DAVID - Twenty three hundred bucks or whatever. HOSER - Twenty three hundred or something to that effect, on the understanding that you will not pursue the matter of assault, Olsen assaulting me, any further, on the seventh of April. DAVID - Mmm Hmm, HOSER - Whatever. HOSER - Now does that sound fair enough to you? DAVID - Yes. DAVID - I understand it. HOSER - Right. DAVID - I understand it. (2/140) HOSER - CONTINUATION OF ABOVE AFTER A SHORT BREAK - Now, if there is, if there is, if you're worried about the fact that ah, that no doubt Olsen will then turn around and, Like Olsen wants to screw me for every cent he can, Okay. DAVID - Yes. HOSER - I've got that many tape recordings and transcripts of him saying that we're going to bankrupt you and words to that effect, DAVID - Mmm, hmm, HOSER - Now, I, I've got all that stuff. But what I could do, is if you want, I could provide you with a tape and a transcript where it's quite clear, Olsen, not only does he assault me, he says I'm going to assault you, or words to that effect. He says, I think the words he said was 'I'll assault you pal'. And if you the act, the summary offences act and the crimes act, to threaten an assault is the same as an assault. DAVID - Mmm, hmm. HOSER - If I walked up, if I walk up to you and say 'David and I am going to beat the living daylights out of you' that is an assault. Threaten an assault, same thing. So I could do that HOSER RAISES COPY OF TRANSCRIPT just to satisfy the belief, of you, I don't know who makes the decision, if it's you or someone else, but to satisfy the decision maker that the charges were not brought vindictively. DAVID - Oh, I'd be interested in that tape. HOSER - W SIDE 2 BACK TO GEORGE OLSEN CASE ON 7/4/89 HOSER - We all know that Olsen assaulted me. (2/40) DAVID - mm hmm NODDING HEAD IN AGREEMENT HOSER - But it has never been put before a court O'SULLIVAN WASN'T AWARE THAT THE OLSEN MATTER HADN'T BEEN PUT BEFORE A COURT. #*# OLSEN CASE DAVID - Has that ever been put to trial. (2/45) HOSER - Never, never ` DAVID - What's stopping you? HOSER - What is stopping me! Because Mister Robbie threatened to kill my dad and my dad had to go into hospital with a heart attack! That's what's stopping it! DAVID - That stopped it the last time, but what's stopping you now? ANSWER IS VICROADS NOT BEING ACCOUNTABLE #*# (2/100-110) DAVID O'SULLIVAN ACKNOWLEDGES THAT THE KEW POLICE PURSUED HOSER SO HARD ON THE ASSAULT CHARGES OF 21/5/89 BECAUSE THEY HAD THE TAPE RECORDINGS OF THE INCIDENT. #*# (2/116) HOSER - The bottom line is, that everyone in this entire joint knows that I have never done a thing wrong. DAVID - Yes. #*# OLSEN MATTER AGAIN (2/128) HOSER - The easiest way I see, for both of us, RTA and myself, is for the RTA to say right, we will not enforce the court order, whereby you have to pay us money. DAVID - Twenty three hundred bucks or whatever. HOSER - Twenty three hundred or something to that effect, on the understanding that you will not pursue the matter of assault, Olsen assaulting me, any further, on the seventh of April. DAVID - Mmm Hmm, HOSER - Whatever. HOSER - Now does that sound fair enough to you? DAVID - Yes. DAVID - I understand it. HOSER - Right. DAVID - I understand it. (2/140) HOSER - CONTINUATION OF ABOVE AFTER A SHORT BREAK - Now, if there is, if there is, if you're worried about the fact that ah, that no doubt Olsen will then turn around and, Like Olsen wants to screw me for every cent he can, Okay. DAVID - Yes. HOSER - I've got that many tape recordings and transcripts of him saying that we're going to bankrupt you and words to that effect, DAVID - Mmm, hmm, HOSER - Now, I, I've got all that stuff. But what I could do, is if you want, I could provide you with a tape and a transcript where it's quite clear, Olsen, not only does he assault me, he says I'm going to assault you, or words to that effect. He says, I think the words he said was 'I'll assault you pal'. And if you the act, the summary offences act and the crimes act, to threaten an assault is the same as an assault. DAVID - Mmm, hmm. HOSER - If I walked up, if I walk up to you and say 'David and I am going to beat the living daylights out of you' that is an assault. Threaten an assault, same thing. So I could do that HOSER RAISES COPY OF TRANSCRIPT just to satisfy the belief, of you, I don't know who makes the decision, if it's you or someone else, but to satisfy the decision maker that the charges were not brought vindictively. DAVID - Oh, I'd be interested in that tape. HOSER - Well, If I give you the tape will you do that. O'SULLIVAN - I will give that to the person who makes the decision. HOSER - Who's the person who takes the decision. O'SULLIVAN - Legal services. HOSER - What? HOSER - Oh, we'll get nowhere there. Who's that? Ian Williams? HOSER - Legal services are where half my problems are coming from. DAVID - Martin Pollard. HOSER - I don't even know that name. DAVID - He's in charge of legal services. HOSER - But Robby is, Robby is just a complete, oh, at Broadmeadows, Olsen runs out of the court room, court house, can't take photos in the courthouse right, runs out of the courthouse, jumps in his car, flees around the corner at about a million miles an hour and then Robby and this other person who was with him, a Mister Tony Lee or someone. HOSER - Oh he was some solicitor or barrister, I think his name was Tony, something, someone Lee, anyway they bolted out, come out of the court so I couldn't take their photo. Bloody stupid. I was just standing there just going HANDS IN AIR , absolutely, I've never known anything like it. HOSER - Absolutely crazy. You know, you, you, you've never seen anything like it. It was really funny though. I was sitting there laughing my head off. That was the only funny part of the whole day. The way they did that. (2/178) DAVID - Why don't you give me the tape and I'll make my own judgement about that all, as well as giving it to the people. I'll make my own judgement and my own recommendation about the tape before I foreward it on to Martin Pollard. HOSER - And he's likely to accept your recommendation? DAVID - Yes, he's a reasonable man. HOSER - Right, Okay, well I'll do that under, under the condition only you and Pollard see this and the tape. DAVID - All right, not a problem. HOSER - And no copies to be made of the tape or the transcript. DAVID - All right. HOSER - None at all. DAVID - That's fine. HOSER - Because obviously there's no point in er, the enemy in inverted commas, like I don't like to have any enemies, but the man whom I'm up against so to speak, in him or his cronies in getting wind of some of the material I have on him so to speak. Okay. HOSER - Well, there you go. There you are, HOSER - Now obviously, there is another catch, I'll just point it out, there is a catch. I am limited in the time I have got in which to go to the Supreme court, to lodge an appeal. DAVID - Yes, HOSER - Now as far as I'm aware it's around a month. DAVID - Not a problem. HOSER - Now, the case happened about a week or two ago, DAVID - Does the tape refer to the case in question, HOSER - No the tape is of the assault. DAVID - Sorry, sorry, I beg your pardon. But it refers to the assault, which became the subject of the case, since your allegation HOSER - That is correct. DAVID - So it's completely relevant, that is the incident. HOSER - It is the incident, yes. DAVID - The incident that started the whole bloody thing off. HOSER - Yes, DAVID - Yes I can have the tape back to you and a decision within seven days. HOSER - Great. DAVID - I will give you that undertaking. HOSER - Okay, there you go, one tape, DAVID - One tape, HOSER - And er, DAVID - That's all that's on this one? HOSER - I don't know what's on that side, I haven't even looked. No nothing. DAVID - 1989's greatest hits? HOSER - 1989's, now this might interest you, this is a video of wildlife trafficking actually. This might interest your mate Mister O'Keefe, you can borrow the tape and watch it in your lunch hour, DAVID - I'm not interested. HOSER - no? HOSER - Er, this actually has the National Parks and Wildlife just breaking into my house. DAVID - Oh, right, HOSER - One of the times. (2/224) #*# O'SULLIVAN UNDERTAKES TO DROP RTA CLAIM OF MONEY AGAINST HOSER IN RELATION TO OLSEN CASE. O'SULLIVAN GOES ON TO STATE THAT HE WILL MAKE A RECOMMENDATION TO MARTIN POLLARD IN RELATION TO THE OLSEN CLAIM WHICH HE STATES POLLARD WILL ACCEPT AS HE IS A REASONABLE MAN. (2/188) #*# (2/330) O'SULLIVAN ACKNOWLEDGES THAT AN ARGUMENT COULD BE PUT FOREWARD THAT VICROADS ARE VIOLATING THE ROAD SAFETY ACT BY REFUSING TO GIVE HOSER A TAXI DC #*# (2/343) RE-RTA PROBLEMS WITH HOSER INCLUDING DELAYS IN GIVING HIM BACK HIS TAXI DC DAVID - All may yet be well, who knows, I'm an optimist. That's what I said to "NAME SUPPRESSED" last night. You might win. Look at the bright side. #*# (2/286) O'SULLIVAN AGREES THAT VICROADS HAVE NO RIGHT TO CLAIM MONEY FROM HOSER IN RELATION TO OLSEN ASSAULT IF OLSEN HAS INVITED HOSER TO SUE HIM, (TAKE ME TO COURT) AS PER TAPE RECORDING AND TRANSCRIPT OF INCIDENT. #*# (2/311) DAVID - Okay my boy. HOSER - So, I'm sorry to give you more troubles. DAVID - That's all right, no more troubles. We're here to serve you. TAXI COMPLAINT.....6/2/88 Dear Supervisor, My name is Philip Hoser, and I would like to report an incident which happened on this day. I was driving a Silver Top Taxi, no. T-8000, (134), which is owned by Noel Granger, one of the managers of Taxi Staffing, Richmond. At around 7.00 P.M. (2100), I pulled onto the Camberwell taxi rank. I was vacant and awaiting a job, either by 'walk up' or radio despatch. Shortly afterwards a second taxi pulled up behind me on the taxi rank. It was also a Silver top taxi. After about eight minutes the radio operator called 'Canterbury-first car on the Camberwell rank'. Due to interferance (bad reception) on the radio I only heard part of that call and didn't hit my top button (on the microphone). The operator then called 'Car on Camberwell' (which came through without interferance). Although I called through with my voice on the side button, the operator apparently didn't hear me, and then called the job 'ten minutes cover, Canterbury'. The job was then despatched to another (presumably mobile) car. Following this, both myself and the driver of the car behind me, got out of our taxis and walked towards each other. The driver of the other taxi then said to me 'Didn't you hear that rank call?'. I replied 'I've been having hassles with my radio reception, and only properly heard the second call, and I tried to get through on it'. The other driver then said to me 'Why don't you move your car foreward a bit and see if your reception improves'. I then got into my taxi and drove it about half a car length foreward, and the radio reception seemed to improve. During this period the driver of the other taxi was standing next to my car and talking to me through my open window. The other taxi driver then got into his taxi and we both continued to listen to the radio. During the following five or ten minutes about three more Silver Top Taxis pulled up onto the cab rank, behind our two first cabs. The Camberwell taxi rank is marked by a sign post on the side of the street and a square is painted on the roadway. Although I had initially been parked wholly within the square, I was only half within the square after moving the car foreward to improve the radio reception. A job was then called in Kew, and the car behind me was awarded the job on a ten minute cover call. (I think that the job was at the California Motor inn on Barkers Road, and the radio operator had made an unintentional mistake by calling the job off of the Kew rank). Anyway, the cab behind me pulled off the rank and drove off. I then got out of my taxi and walked up to the taxi behind me and told the driver in that cab that I was still vacant and waiting on a radio job and that I was parked slightly forewards in order to get better radio reception. I was walking back to my car when the radio operator called 'Camberwell-Car on Camberwell'. I hit my top button, and then the radio operator acknowledged car '22', and proceeded to dispatch the job to that car. With my side button I then called the operator and told the operator that I was in fact first car on the rank. The radio operator then called in the other car and then after some discussion said 'Look cars on Camberwell sought yourselves out and then get back to me'. I then got out of my taxi and walked towards the taxi behind me. I walked up to the driver of the other taxi (still in his car) and said 'Why did you call first car?' He replied 'It doesn't matter anymore, I've got the job'. I said 'No way, call the operator and tell them that I'm first'. The other driver then started to swear at me. At this point the driver of the taxi behind T-6753 started to yell abuse at me, and among other things said 'Pull of the rank' and 'Get lost bastard'. I attempted to talk sense with both men and got nowhere with both telling me to 'F--K OFF', etc. I then got into my taxi to call the radio and the operator told me '134 I've been told that your car is in the middle of the road and blocking traffic, so you had better move it'. I then told the operator where I was in fact parked, which was at the front of the rank. The operator then told car '22' to proceed with the job. I then got out of my car to write down the numbers of the two taxis behind me (so that I could lodge a complaint). I also had a microcassette recorder (hand held) placed in my under shirt pocket, (I was wearing two T-shirts), and taped some of the ensuing verbal exchanges. (The recorder used was a NATIONAL RN-Z36). Both drivers (T-6753 and T-7707), were standing adjacent and carried on abusing me and telling me to leave the rank. The driver of T-7707 started to say that he would stop me from driving taxis and I quote..'By mid next week I'll make sure that your not driving for Silver Top' and 'You'll never give me a hard time at the airport again'. Turning to the driver of T-6753, I said 'I don't sit on this rank for half an hour to have a job taken by a slimebag like you'. The driver of both cars told me to move my taxi and I refused. The driver of T-6753 then said 'I suppose you're after a fight'. I said 'No you are'. He then pulled out a wheelbrace and swinging it in the airsaid, 'O.K., here's your fight, I'm ready.' I then said 'This is ridiculous.' At this point the taxi behind T-7707 pulled off the rank and drove off. Another yellow Silver Top Taxi then pulled up next to us and the driver of that cab wound down his window and said 'Look guys settle down.' The driver of T-6753 then said 'Mind your own business.' The taxi then drove off. The two of them then turned to me and shouting abuse at me, chased me back into my taxi. I then drove off. When driving off the driver of T-6753 bashed the side of the moving cab (I don't think any damage was done). I had lost nearly 30 minutes of time between when I pulled up on the rank and when I was chased off of the rank. Over the following few minutes about three more jobs were called off of the Camberwell rank. I picked up a street hail to the National Tennis Centre about 200 metres from the Camberwell Taxi rank. The two taxis (drivers) which were responsible for the incident were T-6753 (22), behind me, and T-7707 (445), behind him. In relation to identifying both drivers I am sure that you wouldn't have any difficulty. Whilst I don't expect you to do anything drastic against either driver, I believe that their behaviour should be brought to your attention. Cab drivers have enough problems inficted by drunken and other passengers, without having to be assulted by other drivers. Also, in the case of the above incident, it was in full public view. Whilst I am aware that different cab drivers will at times have disagreements, these should be resolved; 1. In a peaceful manner 2. Not in full public view. CONTINUED.... The reason for the driver of T-6753 (6/2/88) having a strong dislike for me stems principally from an incident about two weeks prior at Tullamarine airport. The driver of T-7707 is well known to me, as I have often seen him at Tullamarine airport. I know that I am also well known to him. It was about 11.45 P.M. on a sunday night and the last Australian airlines flight had arrived. There were about 60 passengers left in the terminal and about 20 cabs on the feeder rank as well as five cabs on the rank outside the terminal. The first two cabs had their meters on and were not moving; presumably they were waiting on booked fares, luggage from recent hirings or something along those lines. The man who drove T-7707 on 6/2/88 was the driver of one of the three taxis on the rank. I was in a group of about five drivers standing adjacent to the rank outside the terminal assessing the situation (In relation to 'getting off', as there was an apparant oversupply of cabs at the airport in relation to remaining flights and passengers). Along with two friends (who drove the other two cabs), the man in question loaded up all three cabs with three separate fares each, and left standing when they drove off, four people waitng for cabs. All were single passengers and they were going to the following destinations; 1. Werribee 2. Sunbury 3. Broadmeadows 4. Essendon The fares that these men took went to the South-eastern suburbs and the city, (the most desireable fares in the circumstances). A couple of the drivers with whom I was standing (and had been walking around with), started to argue with the three drivers (loading up), about 'bottling up the rank'. Had there been no arguement, I am sure that all three drivers would have remained where they were until they had full cabs. Although I didn't say a word during the verbal exchange, the mere fact that I was present was probably interpreted by the driver of T-7707 (6/2/88) as an act of hostility. My non involvement in the above exchange was due to a belief by myself in avoiding making enemies at all costs. The fare going to Broadmeadows shared with another going into the city, as no cab driver wanted to take him. I never 'got off' on that flight and was lucky to 'get off' on the last international flight. Many cabs had to drive back to the city empty from the airport. Whilst I strongly believe in multiple hiring when there is a shortage of taxis, I think that the act of the three drivers above, was a very low trick indeed. It was a devious trick at the expense of waiting taxis, and the sheer expertise and arrogance of the act amazed me. I would not have brought this incident to your attention had it not been for the incident of 6/2/88 involving one of those three drivers. Furthermore I am personally worried that the driver of T-7707 (6/2/88), will 'stab me in the back' should he be presented with the opportunity. That driver is alienating other cab drivers when we should all be working togeather (as a team so to speak). In my posession are photos of the driver of T-7707 (6/2/88), taken at Tullamarine airport. I am sorry for taking up so much of your time, with what may appear to be 'trivial matters'. From my own point of view, I hope that this letter is my last involvement with both the above mentioned drivers. However, I ask that the conduct of both drivers be monitored closely in future. Yours Sincerely CONTINUED..... FOOTNOTE.... I have a micro-cassette hidden in my cab in order to tape passengers if an incident arises, (e.g. a fare dispute). Over the last two months since I got the cassette player I have taped a few 'dicey' passengers, and launched one prosecution for fare evasion, ( at Russell Street, Police station). As you are no doubt aware of the regulations involving multiple hiring, I won't explain them to you here. About one in every fifty fares will argue about payment in a multiple hiring situation, (usually accusing the driver of overcharging). Some passengers even expect a free ride. Should a passenger lodge a complaint with the RTA in relation to the drivers charging when multiple hiring, etc, the RTA will tend to side with the complainent. By taping what goes on during these disputes, if and when they arise, I am able to protect myself against the consequences of frivolous complaints (assuming that I do nothing wrong). It works out cheaper to buy an occasional tape than run the risk of going to court and facing huge legal costs. I was lucky to have the casette player with me on 6/2/88. YOURS SINCERELY ACCIDENT MARCH, 6th 1988. At 4.57 A. M. I was parked outside 300 Nepean Hwy, Parkdale. I had just recieved a radio job to go from Stewart Street, Parkdale to Wantirna. I had got out of my taxi (T-8000), and got my Melways out of the boot, (where I store it). I was then inside the car looking up the street when a pale coloured car hit my parked taxi on the left hand side, rear of my taxi. I was parked in the left hand lane of the Nepean Hwy, and the car that hit my taxi was driving along the nature strip/footpath. It was the only moving car on the road at the time. I have no idea why the lady hit my car, or why she was driving along the strip in the first place. Upon hitting me, the car moved onto the left lane of the road and slowed down. I drove up towards the still moving car, it stopped, then I stopped T-8000 behind it. We both got out of our cars and walked towards each other. The lady apologised profusely for hitting me and then I said, "Could you please get your licence for me so that I can get down your details." She said "O.K." I then got into my car and on the radio, I tried to ask the operator to get the police to the scene of the accident and to recall the radio job. The lady walked up to my taxi and asked my what I was doing and I said "Calling the police, I will need them to be here for insurance purposes." At this point, the lady jumped into her car and then sped off. As she did this I sped off in pursuit and literally forced her car to stop again on the left hand side of the road, a few hundred metres further down the road. In stopping her car, it could be said that we came very close to haing a second collision. I then got out of my taxi and ran to her car and grabbed her keys, and when she exclaimed, "give me my keys back" , I said, "When the cops come". She then followed me back to my car and while I was talking to the radio operator, she screamed and carried on in a manner so that the operator had extreme difficulty in getting my request and associated details. Also at this point, the lady ripped my keys off of the key ring, by grabbing the bunch of keys. The ignition key was left in the ignition, having been ripped off of its' key ring, which was now mutilated. I jumped out of the taxi, and grabbed back my keys. The lady fell on the road when I grabbed back my keys. (There was no traffic at the time). Between this stage and when the police came, the lady begged me not to call the cops as she had been drinking and she didn't want to lose her licence. I re affirmed that I didn't want to call the police, but had to to cover myself in the accident situation. At some stages she threw punches at me, and she was generally uncooperative. Shortly before the police came she offered me her licence, off which I recorded her details and then gave it back to her. She continued to beg me to let her go, and I refused. Among the things she said was "I'm a single mother with two kids, going to work, whose had a few too many to drink, don't ruin my life, I've got enough hassles already." I replied that I had my hands tied and had responsibilties for the owner of the taxi who trusted me to look after the taxi. I have no idea where the lady worked. Her manner at all times was that of highly intoxicated person. Upon arrival of the police, they asked us both what happened, and our accounts were apparantly the same. The nly difference was that the lady claimed she had been forced onto the footpath/ strip, by another car. (I denied this, and said that she was the only car on the road at the time). (weather had been fine and clear). The police breath tested her and found her slightly above .05. The lady had come from Frankston (some distance away), so had obviously been driving over the alcohol limit of .05. (I had no sympathy for her plight as I viewed her as a threat to me and other motorists, and as a potential killer....I have no sympathy for drunks on Nepean Hwy, who have now caused me grievance on more than one occasion). The policeman stated that I had technically been guilty of a parking offence, being where I was, but that the accident had been due to the other drivers negligence. The lady sid that she drove off only to get into the service road (earlier). I denied this and later noticed that she had in fact driven past at least one entrance to the service lane. She told me she was insured with the RACV, but later told the police that she wasn't insured. Her story about being single mother, etc, caused the two police present to give her unwarranted sympathy. The police present were from Mordialloc. The ladys name was Alison McIntosh Unit 1/26 Lewis street, Frankston, Vic, 3199. / 30 Mersey Cresc Seaford, 3198. (two addresses on licence). Licence no. 31 48 929 0 /exp. 04 03 91, DOB. 01 09 51. I didn't get the rego number of her car. Both cars had between $500 and $3000 worth of damage to the left side(taxi), right side (her car). My name is Philip J. Hoser, of 744 Toorak Rd. Hawthorn, Vic, 3123. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND (AKA PHILIP) HOSER, AND FAY MARLES. TRANSCRIPT IS DATED, 06/08/91 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT VICROADS OFFICE, DENMARK STREET KEW. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. (ORIGINAL RECORDING) EXCERPTS ONLY SEPARATED BY '#*#' KEY. MARLES = FAY MARLES HOSER = RAYMOND (AKA PHILIP) HOSER TRANSCRIPT STARTS NOW #*# (1/210) HOSER - And the material that you've been given by me, all that lot, plus more, MARLES - Yeh, HOSER - Makes it, you obviously acknowledge that I have been victimised to some extent, MARLES - Actually, I'll come to the material um. later, because I've looked at the Victimisation, and I'm not taking that um, into account at present, I'm looking at other things, HOSER - But you do acknowledge I have been victimised, MARLES - I'm not prepared to actually acknowledge that at this stage, I'll be prepared to acknowledge that when I've finished ah, asking questions and getting answers, HOSER - Well let me put it to you another way, you'll acknowledge that we're sitting at a table now, MARLES - Ah, let's answer the questions I'm asking, HOSER - Now Fay, look, I've got to, we've got to try and be reasonable here. MARLES - Well of course we're sitting at the table now HOSER - Okay, now you've heard the Ashton tape? You know all about that? MARLES - Yes, and I think that Ashton tape is extremely difficult to decipher, I don't think there's any doubt about that. Ah, if ah, HOSER - But it is quite clear I was attacked isn't it, MARLES - Well it's quite clear something was going on, it's quite clear that something was going on, but how could you say what was going on, however, I'm not, look I'm not disputing the Ashton thing at all, because I, but that wouldn't um, that, that's not something that I um, would be saying that you weren't um harassed, you weren't victimised or you were. Ah, HOSER - Well let me put it to you another way, I can, I, MARLES - Ashton as I understand it was um, convicted of assault, but that's not, look I want to get these things cleared first, HOSER - Sure Okay, MARLES - Um, HOSER - It's just from my point of view, if I could stick all the stuff in front of you and you want to ignore it, I can't do anything more, MARLES - You I've been reading your stuff all weekend, so I haven't been ignoring it, I've heard, listened to those tapes, ah, and I've come up with some things that I need to clarify. #*# (1/411) MARLES - So, what it was about was somebody tried to stop you, and you, HOSER - After I had been belted MARLES - continued going and he jumped aside and said you hit him, is that right? HOSER - Yes, now there was no injuries, he never went to hospital, nothing, it's like the old O'Shannessy case, if there had been tape recordings that problem wouldn't have occurred. Now what did happen though, is when the magistrate did his summing up he actually said, and I've got the transcripts for that, and I'll go straight home and get them if you want, the magistrate turned around and said, um, if I'd been, although, where's, where's the charge, failing to stop, he says, if I had been in your situation there's no way I would have stopped either. MARLES - Mmm, HOSER - Okay, see what you've got to understand all these charges arose and a lot of them, these so-called convictions, because I wasn't there, okay now if I'm, Natural Justice, I gave you that bit of paper about Natural Justice the other day. If I am not there to get a hearing, I'm deprived natural justice, okay, you understand that don't you? MARLES - It depends entirely on whether they went through all the processes they were meant to go through to, informed you of the hearing, HOSER - But if I was not informed, but if I was not informed and I was deprived of a hearing, obviously I'd been deprived of natural justice, is that correct? MARLES - I'm absolutely not certain about that ah I um understand the rules of natural justice and um, HOSER - You don't seem to want to commit yourself do you. MARLES - No I certainly don't want to commit yourself. HOSER - Right, MARLES - Ah, because um, I would have to know far more about the circumstances of the case before I'd er, HOSER - Okay I'll tell you in summary. I was charged, I didn't know about it, I didn't know about any hearing dates and I never got a hearing. MARLES - Why didn't you know about the hearing dates? HOSER - Because when they throw you out of the police station, they don't tell you, they say you will be informed of the hearing dates. MARLES - Yes, HOSER - And, I was never informed of the hearing dates because National Parks and wildlife were intercepting my mail, and if we go back to the transcripts of one of these cases, and eightyfour case, they actually returned to me a load of mail that they had been intercepting, the national parks and wildlife and customs, MARLES - So they intercepted the mail, HOSER - They were intercepting my mail for years, MARLES - Ah, because if you um, are summonsed to a hearing or your subpeoned, um, there has to be a certified mail where they actually deliver it to you, so somebody has to take it, um, HOSER - No there's not, no, no, no there's not, MARLES - Well it might be different in New South Wales, HOSER - Through ordinary mail, ordinary mail, MARLES - Um, HOSER - Now even here, even here um, by my recollection I don't think I've had certified mail all the time, I, I recall once or twice I have, but certainly I have got summonse type material just ordinary post, and I've always, if you through to the letters that I have written to the various people, the ombudsmans the RTA, I often say I want registered certified mail to me, because I've had this problem. And that is why I ask for that, so that theres none of this so called break down in communication, because I've been victim of this. (1/453) Now, the proof in the pudding is, there's all these horiffic allegations been made against me, but as soon as the tape recordings come along, the boot's on the other shoe. And as hard as they go at me, it turns out. You look at the probability of someone getting attacked by half a dozen enforcement officers and being able to convict one of them with assault. Prior to that I was attacked on the twentyfirst of May and I did't escape, they took my tapes and charged me, okay, subsequent to that "NAME SUPPRESSED" was attacked by four RTA guys at the airport, he didn't escape, he get's charged and convicted of assault. If I had not escaped on Melbourne cup day, it's guaranteed I would have been charged with assault again and I would have been convicted. Now, you understand that don't you? MARLES - Yes, HOSER - Right, So it's as simple as that, it was merely the fact that I escaped on Melbourne cup day that they were unable to charge me with assault and I was in fact able to charge them with assault. And that is exactly what has happened every other time. Both there as in New South Wales with this business and subsequent. Now in terms of thing... (2/504) HOSER - ...turns around and says, he says now what's happening with all your other matters, I know about the Kew incident, oh you know more about it than I do, I don't know, Bingley, your not getting your camera back okay, MARLES - Okay, HOSER - So you know, he says straight out, now, that was the stuff thet was taken out the car, now if I had those tapes, the Kew business, see that's exactly what happened they took my tapes off me, then they, you know, they had a clean run. HOSER - Now this I've done as an example, this is a history of the Ashton matter. Now the only reason why I've done, typed it up like this, is so you can see that all the hostilty has come from their side to me. All along I have been a moderator, trying to, although asserting my rights, always trying to give them the easy way out, be polite, excetera, and always they've come at me, bang, bang, like a boxer just that won't stop, and I've been like putting my hands up like that and saying, you know, get off me, you know, type thing, and you know that's the history of Ashton, that's just an example. MARLES - Well now with the Ashton one, um, HOSER - But he wasn't the only one that attacked me at Flemington, there was a number of them, he was the leader, MARLES - Yeh, I haven't spoken to Ashton, because he was not prepared to speak to me if he was going to be taped. Ah, so I'm simply ignoring that, HOSER - Well that implies, that does imply guilt, doesn't it, it doesn't state guilt but it implies it doesn't it. MARLES - No, it actually, what he said was, ah, he's um, he's concerned about the use that you might make of the tape if um, it was given to you. Ah, I haven't spoken to him, because he just um hasn't seen me. Um, HOSER - But certainly that's not favourable it it, it doesn't open, the RTA, they don't have it in here, er, yes, this thing here it says, Vicroads, we are accountable for our actions. He's not doing his job is he? MARLES - I can well understand that somebody doesn't want to talk to you if their taped, I mean they might, might want to tell you things, that ar, I'm quite sure there are things that you say when your not taped that are quite different than the ones you say when you tape, HOSER - No not that different, Not that different, you'd be suprised. MARLES - Ah, and, HOSER - People that don't have anything to hide usually don't mind being taped, and it shows in the court cases, um, you know, they've always got a paranoic fear of the truth I don't, that's just it. So, MARLES - Well now, HOSER - I can keep this, MARLES - Yes, HOSER - Ah, you can take that, cause that was about the New South Wales, a bit about the New South Wales and that was the um, Bailey is the police officer concerned, you wanted this didn't you. MARLES - Yep, (2/538) #*# (2/556) MARLES - I, I think, that ar, that whole question, of whether you've, the fact you haven't had any ah, convictions in two years is a very good point, there's now doubt about that. HOSER - And that is in spite of all the harassment. MARLES - Um HOSER - Crunch, BUMPS INTO TAPE RECORDER #*# (2/584) HOSER - You won't come back to me now, is that correct? MARLES - Ah, no, I don't think I'll need, but you've still got the telephone number that you gave me, HOSER - Yes, yes, MARLES - So, HOSER - It hasn't been disconnected yet, MARLES - If I need to, if I find there's something else I have to verify I will, and, HOSER - Did you listen to the Oldfield tape? MARLES - Yes I did, um and I'll get this material back to you as soon as I've um, HOSER - Copied it. MARLES - Copied it yep, HOSER - Well actually if you want, um, your delivering up the report to O'Sullivan is that correct? MARLES - Yep. HOSER - If you want you can just deliver that material to him, it might make it easier, MARLES - All right, I'll do that, HOSER - When will that be. Five O'Clock this afternoon? MARLES - No it certainly won't be five O'Clock this afternoon. LAUGHING HOSER - Six, seven? MARLES - Look it'll be as soon as I can. I obviously have to satisfy myself about things. and um, I will do, I'm very aware of what this means to you so I'm obviously not going to take longer than I have to do about it, and ah, I imagine that I'd have my report in by the end of the week. I said before it would be Wednesday, HOSER - You said Wednesday, yeh, MARLES - But then, ah, there are things that really concern me in the um, HOSER - Concern in relation to me or in terms of taxis in general. MARLES - In relation to you, I was concerned when I went very carefully through the New South Wales record, ah, when I went through your description of what happened with O'Shannessy, HOSER - Right, MARLES - All those things made me decide I've got to decide I've got to look at this thing very carefully. (2/604) HOSER - What you, the main thing, I want to, well you mention O'Shannessy, what I do want to impress upon you upon that, is that if you had been there, if you had seen what I had done, my behaviour was impeccable and my restraint was a thousand fold beyond the call of duty. The only hindsight regret I have, MARLES - Yes, HOSER - The only substantive hindsight regret I have, is, I, I can't say it's a pity I never recognised her because I didn't okay MARLES - Mmm HOSER - The only major regret I have is that I didn't have one of these HOSER HOLDS MICRO TAPE RECORDER IN AIR HOSER - Now looking to the future from the past the fact that I have one of these means that well, hopefully any, MARLES - It would be different in the future, HOSER - It would be averted, yes, MARLES - All right, HOSER - That's all I can say, okay so, I'll hear from you later. MARLES - Okay yes, HOSER - All the best MARLES - Bye (2/614) MARLES LEAVES ROOM END OF TAPE AND TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND (AKA PHILIP) HOSER, AND DAVID O'SULLIVAN (VICROADS). TRANSCRIPT IS DATED, 06/08/91 (3.30 PM) INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT HOME OF HOSER AT DONCASTER, AND WAS A PHONE CONVERSATION. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. (ORIGINAL RECORDING) EXCERPTS ONLY SEPARATED BY '#*#' KEY. O'SULLIVAN = DAVID O'SULLIVAN HOSER = RAYMOND (AKA PHILIP) HOSER TRANSCRIPT STARTS NOW #*# (1/304) O'SULLIVAN - And said later this week, HOSER - Yes, O'SULLIVAN - All right, HOSER - So, and now, assuming she says yes, I presume I can just come in and have a dee cee of some concoction issued on the spot, is that right? O'SULLIVAN - That's right, HOSER - Great, HOSER - Okay, well that's the most positive thing I've heard for a while, O'SULLIVAN - We won't throw any more logs in front of you. HOSER - Well, my God, I'll tell you one thing, you've thrown more logs in front of me than ah, a Canadian wood wood er wood operation, ah, ah I suppose a Timber mill in Canada or something. HOSER - Okay so hopefully that should in theory be the end of that particular obstacle. O'SULLIVAN - Yes, HOSER - Now another thing which I think I have diffused, um, the Sherrif's people came wandering around again after money in relation to the Olsen matter, they came around just about give or take a bit an hour ago, and um, I sent them away with a letter from the Ombudsman saying that they weren't enforcing it for at least the time being. But er, I'm going absolutely bananas trying to get rid of them. Um, would be able to, I don't know, go through the relevant channels and see if you can keep, get them stop coming round here, because I've phoned them up innumerable times, I've had stuff sent from the courts to them, I've done all sorts of things and um, well they obviously, I don't know their communications aren't too good cause they came round today. #*# END OF EXCERPTS TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, ALAN "NAME SUPPRESSED", REG PATTERSON AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, 7/1/91 (PM) INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE RTA KEW HEADQUARTERS ON OR AROUND THE FIFTH FLOOR OF THE RTA BUILDING, IN OR AROUND MR. PATTERSON'S OFFICE MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION TOOK PLACE FOR AN ESTIMATED 40 MINUTES AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER IN BRACKETS IS THE APPROXIMATE TAPE COUNTER NUMBER ON THE LARGE TAPE. KEY. "NAME SUPPRESSED" = "NAME SUPPRESSED" DAVID = DAVID O'SULLIVAN REG = PATTERSON TRANSCRIPT STARTS NOW EXCERPTS START NOW TOWARDS END OF TAPE RECORDING (1/725) ALAN - So April? REG - I've told you Alan a couple of times, if Ashton gets convicted... If Ashton gets convicted then he will no longer be working in this organisation. (1/728) ALAN - And what will you do about the others? That should have been convicted as well. REG - We'd have to look at them. "NAME SUPPRESSED" - You mean to say, if he gets convicted, you'll look at George Olsen, Moncrief, Perry, they're the main culprits. Their the ones. DAVID - Goodness gracious... "NAME SUPPRESSED" - No, no, no, the way you just said it. REG - No I said I would have to look at the Hoser's case, and if you can get a connection, I'd have to look at your case. "NAME SUPPRESSED" - Can I get this in writing. REG - You can put it down in writing if you like. REG - I'm not going to put down in writing if he's convicted. DAVID - Speculatively. REG - Speculatively "NAME SUPPRESSED" - Why not. If it is he is convicted, we're looking at the future, you could put it down in writing and send us a letter, send us a letter. (1/739) REG - You can put it down in writing if he, when he is convicted, but not before. I'm not going to write out something and say yes a person is convicted. "NAME SUPPRESSED" - Why not? I would. REG - Because it indicts that person. "NAME SUPPRESSED" - Well REG - It indicts that person. "NAME SUPPRESSED" - No it doesn't, it just shows that er, you are really sincere, that you really will, REG - Allright, if he is convicted, then approach me. REG - But I'm not putting it down in writing now. (1/746) ALAN - Well then there's a stay until April. REG - No there's not a stay until April. ALAN - Well there's a stay, REG - There's a stay in your ... REG - Then approach me. DAVID - Allright. ALAN - Okay, thank you ALAN - See ya. "NAME SUPPRESSED" WALKS OFF - END OF THIS TAPE RECORDING - AS HE GETS INTO ELEVATOR AND LEAVES THE BUILDING. ASSAULT OF HOSER ON 7/11/89, AT FLEMINGTON RACECOURSE BY RTA OFFICERS. UNDERLINED MATERIAL IN TRANSCRIPT IS NOT TRANSCRIPT. INCIDENT OCCURRED JUST BEFORE 4 PM ON THE DAY, IN AN AREA IMMEDIATELY OUTSIDE THE RACECOURSE WHERE PEOPLE TEND TO WAIT FOR TAXIS AND ON THE DOWNHILL DRIVEWAY TO THE PARKING AREA WHERE MOST BUSES PARK. RTA OFFICERS PRESENT AND PARTICIPATING IN THE ASSUALT INCLUDED DERRY ASHTON (PRINCIPAL AND INITIATING PARTY), ROGER BOWMAN, GEORGE OLSEN, AND AT LEAST TWO OTHER UNKNOWN (BY NAME) RTA OFFICERS. Summary of events: Hoser was taking photos of RTA officers in the vicinity of the bus car park at the race track. He had the tape running from the commencement of his activities after encountering Ashton. All subsequent activity (relevant) was taped. Ashton's first comments to Hoser were 'Fuck off Hoser' whereupon Ashton was not approached for photographic purposes for at least five more minutes. The transcript starts after Ashton and some RTA officers have just 'hassled' (my words) a taxi driver in the carpark area, and after Hoser has just taken a few photos of RTA officers including Ashton. Hoser was walking up the hill, away from the RTA officers when Ashton ran up to Hoser, and the transcript began. Hoser was grabbed by Ashton (transcript started) and Ashton grabbed the camera and tried to take it off of him. Then Ashton (and shortly after (a few seconds later) other RTA officers grabbed Hoser and tried to wrest the camera from Hoser. Hoser held both the camera and the cord that was being tied around his neck and the RTA officers were unable to get the camera. This was in spite of a number of mid body and head punches by at least 4 officers (including Ashton). Hoser asked the RTA officers to let go of his camera (it was by that stage tied around his neck by the cord) so he could 'help' them. They released their grip on him and his camera, whereupon he broke free and ran off. They gave chase, but were no match and by the entrance gate (about 50 metres away, Hoser already had a lead of at least half that distance, which was about the point that Ashton and the RTA officer with the hat gave up chasing him, (HOSER). KEY O = OLSEN H = HOSER A = ASHTON MWH = MAN WITH HAT (RTA OFFICER) U = UNIDENTIFIABLE VOICE (RTA OFFICER) Start of transcript. ASHTON RUNS UP TO HOSER AND GRABS HIM AND THE CAMERA A - Did you take a photograph then? H - You're touching me, your assaulting me. A - Yeh I know! A - Did you take the photograph?...without my approval? H - Yes, take me to court, its not illegal. A - No. H - Is there a problem? U - Film please A - I'd like the film please Still wresting camera from Hoser. H - Excuse me, get the police officer. RTA OFFICERS START TO THROW PUNCHES AT HOSER AND CONTINUE TO TRY TO GRAB CAMERA FROM HIM. MORE THAN ONE OFFICER INVOLVED HERE H - Police, police, police Third time muffled as Hoser struggles H - Police, help, help, let go of me, your assaulting me. Get your hands off me. O - ... we can discuss this Mr. ... NOT TALKING TO HOSER, BUT TO OTHER RTA OFFICER. H - He's a psychpath he is. REFERRING TO ASHTON MWH - Who are you? H - My name is Hoser I am taking photos OK MWH - What of? TALKING OVER H - For my purposes for publication OK. MWH - What of TALKING OVER H - I do not need his legal approval. O - Well wait a minute. VARIOUS VOICES MUMBLING. MWH - Did you ask for his permission to take his photo? H - No, that is not illegal OK. You have just assaulted me... MWH - You got the film? H - Get your hands off the camera. MWH - You got the film NOW ALL OF THEM ARE TRYING TO GET THE CAMERA OFF OF HOSER AND THROWING IN A GOOD NUMBER OF PUNCHES AT THE SAME TIME H - Get your hands of the camera, Let go and I'll ... MWH - You got the film? H - Let go and I, I'll help you OK? Just let go, OK. MWH - Where is the film... AS THE FINAL WORDS ARE SPOKEN HOSER BREAKS FREE AND RUNS OFF. END TRANSCRIPT No police were ever present on the scene. ASSAULT OF HOSER ON 7/11/89, AT FLEMINGTON RACECOURSE BY RTA OFFICERS. UNDERLINED MATERIAL IN TRANSCRIPT IS NOT TRANSCRIPT. INCIDENT OCCURRED JUST BEFORE 4 PM ON THE DAY, IN AN AREA IMMEDIATELY OUTSIDE THE RACECOURSE WHERE PEOPLE TEND TO WAIT FOR TAXIS AND ON THE DOWNHILL DRIVEWAY TO THE PARKING AREA WHERE MOST BUSES PARK. RTA OFFICERS PRESENT AND PARTICIPATING IN THE ASSUALT INCLUDED DERRY ASHTON (PRINCIPAL AND INITIATING PARTY), ROGER BOWMAN, GEORGE OLSEN, AND AT LEAST TWO OTHER UNKNOWN (BY NAME) RTA OFFICERS. Summary of events: Hoser was taking photos of RTA officers in the vicinity of the bus car park at the race track. He had the tape running from the commencement of his activities after encountering Ashton. All subsequent activity (relevant) was taped. Ashton's first comments to Hoser were 'Fuck off Hoser' whereupon Ashton was not approached for photographic purposes for at least five more minutes. The transcript starts after Ashton and some RTA officers have just 'hassled' (my words) a taxi driver in the carpark area, and after Hoser has just taken a few photos of RTA officers including Ashton. Hoser was walking up the hill, away from the RTA officers when Ashton ran up to Hoser, and the transcript began. Hoser was grabbed by Ashton (transcript started) and Ashton grabbed the camera and tried to take it off of him. Then Ashton (and shortly after (a few seconds later) other RTA officers grabbed Hoser and tried to wrest the camera from Hoser. Hoser held both the camera and the cord that was being tied around his neck and the RTA officers were unable to get the camera. This was in spite of a number of mid body and head punches by at least 4 officers (including Ashton). Hoser asked the RTA officers to let go of his camera (it was by that stage tied around his neck by the cord) so he could 'help' them. They released their grip on him and his camera, whereupon he broke free and ran off. They gave chase, but were no match and by the entrance gate (about 50 metres away, Hoser already had a lead of at least half that distance, which was about the point that Ashton and the RTA officer with the hat gave up chasing him, (HOSER). KEY O = OLSEN H = HOSER A = ASHTON MWH = MAN WITH HAT (RTA OFFICER) U = UNIDENTIFIABLE VOICE (RTA OFFICER) Start of transcript. ASHTON RUNS UP TO HOSER AND GRABS HIM AND THE CAMERA A - Did you take a photograph then? H - You're touching me, your assaulting me. A - Yeh I know! A - Did you take the photograph?...without my approval? H - Yes, take me to court, its not illegal. A - No. H - Is there a problem? U - Film please A - I'd like the film please Still wresting camera from Hoser. H - Excuse me, get the police officer. RTA OFFICERS START TO THROW PUNCHES AT HOSER AND CONTINUE TO TRY TO GRAB CAMERA FROM HIM. MORE THAN ONE OFFICER INVOLVED HERE H - Police, police, police Third time muffled as Hoser struggles H - Police, help, help, let go of me, your assaulting me. Get your hands off me. O - ... we can discuss this Mr. ... NOT TALKING TO HOSER, BUT TO OTHER RTA OFFICER. H - He's a psychpath he is. REFERRING TO ASHTON MWH - Who are you? H - My name is Hoser I am taking photos OK MWH - What of? TALKING OVER H - For my purposes for publication OK. MWH - What of TALKING OVER H - I do not need his legal approval. O - Well wait a minute. VARIOUS VOICES MUMBLING. MWH - Did you ask for his permission to take his photo? H - No, that is not illegal OK. You have just assaulted me... MWH - You got the film? H - Get your hands off the camera. MWH - You got the film NOW ALL OF THEM ARE TRYING TO GET THE CAMERA OFF OF HOSER AND THROWING IN A GOOD NUMBER OF PUNCHES AT THE SAME TIME H - Get your hands of the camera, Let go and I'll ... MWH - You got the film? H - Let go and I, I'll help you OK? Just let go, OK. MWH - Where is the film... AS THE FINAL WORDS ARE SPOKEN HOSER BREAKS FREE AND RUNS OFF. END TRANSCRIPT No police were ever present on the scene. ASSAULT OF HOSER ON 7/11/89, AT FLEMINGTON RACECOURSE BY RTA OFFICERS. INCIDENT OCCURRED JUST BEFORE 4 PM ON THE DAY, IN AN AREA IMMEDIATELY OUTSIDE THE RACECOURSE WHERE PEOPLE TEND TO WAIT FOR TAXIS AND ON THE DOWNHILL DRIVEWAY TO THE PARKING AREA WHERE MOST BUSES PARK. RTA OFFICERS PRESENT AND PARTICIPATING IN THE ASSAULT INCLUDED DERRY ASHTON (PRINCIPAL AND INITIATING PARTY), ROGER BOWMAN, GEORGE OLSEN, AND AT LEAST TWO OTHER UNKNOWN (BY NAME) RTA OFFICERS. Summary of events: Hoser was taking photos of RTA officers in the vicinity of the bus car park at the race track. He had the tape running from the commencement of his activities after encountering Ashton. All subsequent activity (relevant) was taped. Ashton's first comments to Hoser were 'Fuck off Hoser' whereupon Ashton was not approached for photographic purposes for at least five more minutes. The transcript typed so far starts after Ashton and some RTA officers have just 'hassled' (my words) a taxi driver in the carpark area, and after Hoser has just taken a few photos of RTA officers including Ashton. Hoser was walking up the hill, away from the RTA officers when Ashton ran up to Hoser, and the transcript began. Hoser was grabbed by Ashton (transcript started) and Ashton grabbed the camera and tried to take it off of him. Then Ashton (and shortly after (a few seconds later) other RTA officers grabbed Hoser and tried to wrest the camera from Hoser. Hoser held both the camera and the cord that was being tied around his neck and the RTA officers were unable to get the camera. This was in spite of a number of mid body and head punches by at least 4 officers (including Ashton). Hoser asked the RTA officers to let go of his camera (it was by that stage tied around his neck by the cord) so he could 'help' them. They released their grip on him and his camera, whereupon he broke free and ran off. They gave chase, but were no match and by the entrance gate (about 50 metres away, Hoser already had a lead of at least half that distance, which was about the point that Ashton and the RTA officer with the hat gave up chasing him, (HOSER). During the assault, Hoser told the RTA officers that they were assaulting him and Ashton acknowledged the fact by saying 'I know I am'. Independant witnesses can corroborate all my statements in this regard and the tape/transcript. Olsen assaulted Hoser earlier this year on friday 7/4/89, and further threatened to assault me. (Tapes and witnesses also available for this case). Olsen was formally charged for this assault by myself but after my solicitor instructed me to withdraw the charges and RTA officer Robby and the Victoria police threatened to kill my father, I withdrew them. By doing so, I no doubt gave the thugs in the enforcement branch licence to carry on their thuggery. It is interesting to note that for the above case, Olsen pleaded not guilty. He obviously has no hesitation in lieing about things. In fact in the transcript of 7/4/89, he says opposite things within a space of less than 15 minutes. Olsen's hostility stemmed from my taking of his photo when harassing passengers on 24 feb 1989. This was not the first time that himself and another RTA officer, named Peter, had actively tried to prevent myself and other taxi drivers from multiple hiring by 'stirring up' passengers and telling them lies and half truths. RTA enforcement branch hostility to me stems back at least two years, and they won't hesitate to use and abuse the law to make things worse for myself and another taxi driver, Alan "NAME SUPPRESSED", whom I witnessed being assaulted by another RTA enforcement officer within the grounds of Melbourne magistrate's court about 12-18 months ago. TAPE TRANSCRIPT OF COURT CASE ON 7/11/90 BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), RICHARD GEORGE VALENTINE (POLICE) AND OTHERS. TRANSCRIPT IS DATED, 7/11/90. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE PRAHRAN COURT BY EITHER RON SAYERS OR STEPHEN WALKER. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION HERE AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. (TAPE IS MARKED 7/11/90 PM) KEY. HOSER = HOSER VAL = VALENTINE PRO = POLICE PROSECUTER SHARKIE = SHARKIE WEST = IAIN WEST (MAGISTRATE) TRANSCRIPT EXCERPTS START NOW SIDE 1 (1/245) VAL - And then my partner and myself were approached by a person who said that a lady had just been assaulted. PRO - And that's er, that person who approached you is Mister Faye, is that correct? VAL - That's correct. PRO - Was that conversation with Mister Faye, in the presence and hearing of Mister Hoser? VAL - It was very close to him, I'd be suprised if Mister Hoser didn't hear what he said. PRO - And, er, can you recall the details of what Mister Faye said. VAL - Only in the exact words with the effect of a woman had just been assaulted. He sounded pretty urgent with what he was saying, and um, he appeared a bit upset about it. PRO - Right at that stage did you er, see a female around. VAL - I can't say whether I saw the um, the, or not. PRO - Right, PRO - Right, where was Mister Hoser at this time. VAL - He was standing around the driver's side of the door of his car which was open. PRO - What happened then. Did you put the allegation to him? VAL - I said to him did you assault a lady, but he said no. PRO - Mmm hm, (1/265) PRO - What did he do then. VAL - He tried to get something out of his car, PRO - Mmm Hmm, VAL - He reached into his car, leaning over the driver's seat towards the seat of the car, trying to get at a calico bag. I told him that he was under arrest and he would have to come with us back to the police station. PRO - Mmm Hmm, VAL - He didn't move but he continued to do whatever he was doing with his calico bag. PRO - Mm Hmm, VAL - I asked him probably three or four times, er, and eventually I used a little bit of force on his right arm, PRO - Mmm VAL - to try to remove him towards the police van. PRO - Stop there. #*# (1/339) PRO - At any stage did you strike him with a police batton? VAL - I'm not sure if I struck him, or I was keeping myself from him, but I believe contact was made with the batton. PRO - Mmm hmm #*# (350) VALENTINE DIDN'T DENY SWEARING AT HOSER #*# TAPE TRANSCRIPT OF COURT CASE ON 7/11/90 BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), RICHARD GEORGE VALENTINE (POLICE) AND OTHERS. TRANSCRIPT IS DATED, 7/11/90. (PM) INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE PRAHRAN COURT BY EITHER RON SAYERS OR STEPHEN WALKER. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION HERE AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. KEY. HOSER = HOSER VAL = VALENTINE PRO = POLICE PROSECUTER SHARKIE = SHARKIE WEST = IAIN WEST (MAGISTRATE) TRANSCRIPT EXCERPTS START NOW SIDE 1 Near end of side 1 HOSER - Now the situation is, you state that it's a pretty serious assault. What made you come to that assumption. VALENTINE - I didn't state that. I said it could have been. I wasn't sure. I only said it could have been. I never said it was. HOSER - It could have been a pretty serious assault. VALENTINE - What made me come to that assumption was the urgency of the two people who approached me. HOSER - Sure. Why do you say the urgency. They ran up to you and said a person has been assaulted. VALENTINE - That is correct. HOSER - And on that basis you decided that it was prudent to have me arrested. VALENTINE - That and other matters. #*# VALENTINE STATES OF KNOWLDGE OF HOSER PRIOR TO 21/5/89 #*# NO CAUTION GIVEN BY VALENTINE 'Goes without saying' #*# SIDE 2 (2/033) HOSER - And I put it to you, that I asked or should I say, I stated that I would co-operate with any interviews any questions, on the proviso that you use taping equipment that was present in the room where I was interviewed. VALENTINE - Yes you did make that request. #*# (2/100) VALENTINE ACKNOWLDGES KNOWING BAILEY AND O'BRIEN VALENTINE ACKNOWLDGES GOING TO HOSER'S FORMER KEW RESIDNCE IN SEARCH OF HIM #*# ALLEGED OFFENDING TEE-SHIRT WAS NOT TAKEN BACK TO POLICE STATION AS AN EXHIBIT OR RECORDED IN ANY WAY ON DAY IN ANYTHING OR FORM #*# (2/230) CALICO BAG WITH TAPE RECORDER ETC TAKEN BACK TO POLICE STATION. TEE SHIRT LEFT ON SIDE OF ROAD. #*# (2/247) VALENTINE ACKNOWLEDGES PEOPLE COULD WALK PAST CAR ON FOOTPATH, BUT IT WAS STILL ILLEGALLY PARKED. #*# (2/301) HOSER - When did you become aware of my address in Doncaster? VALENTINE - Um, Sergant Dunn gave me your address when I wanted to serve the notice of adjournment on you on Monday. RECONCILE THIS WITH PREVIOUS BODGY WARRENT FOR MY ARREST #*# (2/360) HOSER - And then you said, you used your hand on my right shoulder and pulled me back. VALENTINE - Mmm, Hmm, AGREEMENT HOSER - I put it to you that that's a very flattering picture of what you actually did. #*# (2/400) HOSER - Did you hear Mister Fahey say, threw the police aside and bolted down high street down a laneway, he had a handcuff on one of his arms. They all dissappeared. VALENTINE - I was present in court when Mister Fahey gave his evidence. HOSER - So you heard that. VALENTINE - I think so. HOSER - Thank you. #*# (2/506) HOSER - You say that after you tried to handcuff me, I swung an arm at you. VALENTINE - Yes. HOSER - The right arm I presume. VALENTINE - Yeh, well that's the side I was on. That's the side I had the handcuff, as you were breaking free. HOSER - Could it be that I swung the arm away from the other arm to avoid it getting double handcuffed? VALENTINE - That's one way of looking at it I suppose. HOSER - Thank you. HOSER - Could it have been that I was very fearful of being assaulted. PRO - Your worship, what's in the mind of Mister Hoser, has nothing. WEST - You can tell me what was in your mind Mister Hoser when you get the chance. HOSER - Thank you. (2/516) HOSER - I put it to you that both you and Sharkie came down the alleyway in pursuit of me. You didn't have a hope in hell of catching me. And that I came back to you when you said you were going to strip my car, if I run off. VALENTINE - Ah, Well the last bit's not correct, the first bit, we did both run after you, and you did come back with us. And what sort of a question is that. HOSER - Yes. That's not what you said before. Before you said, I ran down a lane and saw Sharkie struggling with Hoser. Sharkie handcuffed Hoser. Which is the truth. CONTINUES ON (3/013) VALENTINE - Either that or what else? HOSER - Well what you just said, that we both ran down and you came back. VALENTINE - Well I was behind constable Sharkie, as I told you I went to get the batton. The question wasn't terribly clear on that. TO TAPE THREE. HOSER - I will start it again. You then. You just said a minute ago, that yes, you both came down the alley way and then I did come back. VALENTINE - Yes. HOSER - You just said that. VALENTINE - Yes. HOSER - Thank you. PROSECUTER - Your worship, perhaps the question WEST - It has been said that they both went down togeather. PROSECUTER - Mmm HOSER - They both went down the alleyway. WEST - It hasn't been said that they both went down togeather, they both went down the alleyway. PROSECUTER - I think we've got to clarify this. If Mister Hoser. I think that what Mister Hoser is proposing, HOSER - Objection, your worship, he's trying to screw up my questioning because I've got Mister Valentine here lying outright. PROSECUTER - I think Mister Hoser was saying, that he was some distance away from the pursuing police. He stopped and then came back to them. HOSER - Yes. PROSECUTER - Now a bit of confusion, I think that this witness believes that what Mister Hoser is referring to is coming back to the van togeather. WEST - Well you might clarify the question. HOSER - The two of you either separately or togeather had somehow got down the alleyway. Is that correct? VALENTINE - Yes. HOSER - And I was still a long distance from you is that correct. VALENTINE - Depends what's called a long distance. I, I wouldn't call it a long distance. HOSER - A distance. VALENTINE - A distance yes. HOSER - Thank you. HOSER - And then I agreed to come back with you. VALENTINE - Eventually, yes. HOSER - Thank you. HOSER - And then you handcuffed me. VALENTINE - After you were handcuffed you agreed to come back with us. And that's when you became subdued and co-oprative. HOSER - No. I put it to you that I walked up to you, that you were unable to catch me, and I only came back after you said you'd strip my car. VALENTINE - That's that's nonsense. HOSER - I put it to you that neither of you actually caught me. VALENTINE - Sorry. HOSER - I put it to you that neither of you actually caught me. VALENTINE - I didn't say we caught you. I said we caught up with you, depends on your definition of caught. HOSER - But neither of you actually grabbed me. I had to come to you. VALENTINE - Sorry. HOSER - I put it to you that I had escaped totally and I agreed to come back with you. VALENTINE - Yes. (3/065) #*# VALENTINE ADMITS THAT HOSER CAME BACK TO POLICE AFTER THEY HAD BEEN UNABLE TO CATCH HIM BY RUNNING. SEE ABOVE #*# HOSER - I put it to you that none of you sustained any injuries because none of you were assaulted. VALENTINE - It depends on your definition of assault. If you know what the definition of assault is, you'd be able to work it out for yourself. HOSER - Thank you. HOSER - I put it to you that just me existing is an assault. (3/097) VALENTINE - Your existence doesn't concern me one way or the other. HOSER - You're aware that to threaten an assault is an assault in the eyes of the law. VALENTINE - It depends on how the receiving party feels about the threats that are made, not neccessarily to say that they can be. HOSER - Thank you. (3/109) END OF TAPE TAPE TRANSCRIPT OF COURT CASE ON 7/11/90 BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), RICHARD GEORGE VALENTINE (POLICE) AND OTHERS. TRANSCRIPT IS DATED, 8/11/90. (AM) INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE PRAHRAN COURT BY EITHER RON SAYERS OR STEPHEN WALKER. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION HERE AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. KEY. HOSER = HOSER VAL = VALENTINE PRO = POLICE PROSECUTER SHARKIE = SHARKIE WEST = IAIN WEST (MAGISTRATE) TRANSCRIPT EXCERPTS START NOW SIDE 1 MAINLY A SUMMARY OF POINTS RAISED ONLY - NOT TRANSCRIPT VALENTINE UNDER CROSS EXAMINATION HOSER WENT TO LARGE GREEN BAG TO GET LICENCE (1/226) ALSO REFERRED TO IN EVIDENCE IN CHIEF HOSER TOOK LICENCE OUT OF PLASTTIC HOLDER (1/235) (1/266) MATERIAL TAKEN OFF OF HOSER'S PERSON 'YOU ARE MY RESPONSIBILITY AFTER ARREST' #*# (1/270) HOSER - Do you recall saying to me your resisting arrest. VALNTINE - Yes. HOSER - Do you recall my reply. VALENTINE - No. #*# (1/549) WEST REFUSES ANY QUESTIONING ON TAPE RECORDING OF INCIDENT (1/517) VALENTINE STATES HOSER WAS CAUTIONED RE HIS TRESPASSING OF POLICE STATION AFTER HIS DISCHARGE. (1/436) DR FONG (1/460) WEST RULES QUSTIONING ON HOSER'S INJURIES AS IRRELEVANT. #*# (2/235) HOSER - You did state Mister Valentine that you saw me walk from the ATM to the car. VALENTINE - Yes. #*# (2/343) VALENTINE - Arrested because he was hard to find. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), REG PATTERSON AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, 8/1/91 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE RTA KEW HEADQUARTERS ON OR AROUND THE FIFTH FLOOR OF THE RTA BUILDING, IN OR AROUND MR. PATTERSON'S OFFICE MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION TOOK PLACE FOR AN ESTIMATED 35 MINUTES AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER IN BRACKETS IS THE APPROXIMATE TAPE COUNTER NUMBER ON THE LARGE TAPE. KEY. HOSER = HOSER DAVID = DAVID O'SULLIVAN REG = PATTERSON TRANSCRIPT STARTS NOW EXCERPTS START NOW (1/300) REG - If what you're saying is correct and I underline it, HOSER - Yes, REG - That we were aware that the case was withdrawn, HOSER - Right, REG - We will not pursue the recovery of the money. HOSER - Thank you, right, REG - Okay, END OF EXCERPT 1 TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND A ROAD TRAFFIC AUTHORITY OFFICER. TRANSCRIPT IS DATED 8/9/89 IN EVENING, AT EXACTLY 5 PM, WHEN THERE WAS ABOUT A THOUSAND PEOPLE WAITING IN THE GROUNDS OF THE AIRPORT FOR A TAXI. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. TRANSCRIPT WAS AT TULLAMARINE AIRPORT MELBOURNE AND AT ABOUT THE TIME OF THE AIRLINES STRIKE COMMENCEMENT. KEY. A = PASSENGER ON RANK GOING TO SOUTH YARRA H = HOSER (TAXI DRIVER) R = RTA OFFICER, TRANSCRIPT STARTS NOW R - You've got four in your taxi. H - Pardon R - Your full H - Right, it's a five seat taxi, I have four people, they've already concented to sharing with four others, Okay, do you understand that? R - Your illegal. H - You can read the boot. R - MUMBLING H - MUMBLING H - Um, where are you off to sir, A - South Yarra H - Yes, if you don't mind sharing with some others I can take you. At least you can get home. A - No worries mate, yeh, H - If you can give me your bags I can use that. A - Right, END OF TRANSCRIPT TAPE TRANSCRIPT OF COURT CASE ON 8/11/90 BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), RICHARD GEORGE VALENTINE (POLICE) AND OTHERS. TRANSCRIPT IS DATED, 8/11/90. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE PRAHRAN COURT BY EITHER RON SAYERS OR STEPHEN WALKER. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION HERE AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. KEY. HOSER = HOSER VAL = VALENTINE PRO = POLICE PROSECUTER SHARKIE = SHARKIE WEST = IAIN WEST (MAGISTRATE) TRANSCRIPT EXCERPTS START NOW SIDE 2 (2/030) SHARKIE - Acting sergant Spence did not search you, you were body searched at the counter. HOSER - I was body searched was I? SHARKIE - Yes you were body searched. Yes HOSER - Thank you. #*# (2/057) SHARKIE - I am certainly sure, that from our actions, you did not sustain any from our actions. #*# (2/066) SHARKIE - I did twist your arm. #*# (2/070) HOSER - You did push me on the ground though, and face down on the ground at one stage didn't you? SHARKIE - Yes. #*# (2/120) HOSER - Are you aware of theft of tape recorders and camera equipment on the same day. WEST - Not relevant... HOSER - And the key evidence is in those tapes. WEST - Mumbling WEST - Move onto another subject. #*# (2/130) HOSER - I made no attempt to flee the scene before I had a handcuff on my hand, did I. SHARKIE - Correct. HOSER - When you leave your own car do you tend to lock it? PRO - I don't see that's relevant your worship. SHARKIE - Depending on the circumstances. #*# (2/140) HOSER - I put it to you that both you and Valntine became impatient at the fact that I was getting myself organised to come to the police station. SHARKIE - Not correct. #*# (2/170) HOSER - Did you hear Valentine's initial questioning about why I was parked on the footpath? SHARKIE - Yes, I did. HOSER - Thank you. That was Valentine's initial question. SHARKIE - Yes. HOSER - Thank you. #*# (2/177) HOSER - And then Mister Valentine asked me to produce my licence, SHARKIE - That's correct. HOSER - And then Mister Valentine said we've been after you. SHARKIE - That's not correct. HOSER - But certainly he had been after me, from his own evidence hadn't he. SHARKIE - I have no idea. HOSER - He did attend my house two months earlier hadn't he? SHARKIE - I heard that evidence, that's what constable Valentine stated... HOSER - Thank you. #*# HOSER - I put it to you that standard police and parking police procedure when they see a vehicle parked illegally, is to look for an occupant in the immediate vicinity, SHARKIE - That's correct. HOSER - And then, ask the occupant to move the car. SHARKIE - That's correct. #*# (2/280) HOSER - I put it to you that self defence doesn't constitute an assault. WEST - That is a matter for me. #*# TAPE TRANSCRIPT OF COURT CASE ON 8/11/90 BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), RICHARD GEORGE VALENTINE (POLICE) AND OTHERS. TRANSCRIPT IS DATED, 8/11/90. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE PRAHRAN COURT BY EITHER RON SAYERS OR STEPHEN WALKER. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION HERE AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. KEY. HOSER = HOSER VAL = VALENTINE PRO = POLICE PROSECUTER SHARKIE = SHARKIE WEST = IAIN WEST (MAGISTRATE) TRANSCRIPT STARTS NOW (1/172) HOSER - Do you know a constable Bailey, Sergant Bailey? SHARKIE - I do know a Sergeant Bailey, yes. HOSER - Is he this man HOSER TENDERS PHOTOS WEST - I've ruled on that Mister Hoser, I will not permit you to give the photo to the witness. HOSER - No worries. HOSER - Do ever wear tape recorders. SHARKIE - Yes I do, I'm wearing one at the moment. HOSER - Is it on? SHARKIE - No it's not. #*# (1/202) SHARKIE - December 1988 until the time of this incident, was May, so that was some six months. HOSER - So you knew Valentine fairly well by that stage. SHARKIE - Yes. #*# (1/208) HOSER - And had you known Spence for six months as well. SHARKIE - She has been a gazetted member of the Kew police station for that time, yes. SHARKIE - She's an acting sergeant. #*# (1/220) SHARKIE ALLEGES MAN APPROACHED DIVISIONAL VAN WALKING EAST ALONG HIGH STREET KEW AND ALLEGED ASSAULT #*# (256) HOSER - I put it to you I complained about being handcuffed. SHARKIE - That's correct. HOSER - Surely I complained about the injuries I sustained from being handcuffed. SHARKIE - You stated at the time that you had a sore wrist. HOSER - And I certainly had sore wrists after I'd been handcuffed. SHARKIE - That may be so. HOSER - Thank you. HOSER - I put it to you, it is highly unlikely that a man would not complain about the injuries and then go and see a doctor at the Royal Melbourne hospital. SHARKIE - I have no idea. #*# (1/263) HOSER - I put it to you I made numerous complaints about the way the whole episode was conducted by yourself, and Valentine. SHARKIE - You were objective, a number yes. REFERRING TO DAY ON 21/5/89 #*# (1/317) HOSER - You said you know sergant Bailey. SHARKIE - That's correct. #*# (1/351) HOSER - You never kept the singlet did you. SHARKIE - No, it fell off in the street. HOSER - And you never decided to retain it did you. SHARKIE - I believe that when I retrieved your vehicle in high Street, it was placed in the vehicle. HOSER - I put it to you that it was not placed in the vehicle. SHARKIE - Well, from recollection, I do beleive it was. HOSER - But it might not have been, your recollection is, but you're not on hundred percent certain. SHARKIE - That's correct. HOSER - So you are the man that went and retrieved the vehicle from High street. SHARKIE - I was. HOSER - And it was you that gathered up all the missing belongings, and drove it back to the police station. SHARKIE - What missing belongings. HOSER - The things that were left on the footpath. SHARKIE - Yes, they were taken at the time. #*# (1/370) SHARKIE STATED HE WENT TO PICK UP CAR WITH STAFFORD ON INSTRUCTIONS FROM SPENCE. NOTED MUCH MATERIAL ON FRONT SEAT SHARKIE ACKNOWLDGES THAT HOSER MAY HAVE COMPLAINED TO POLICE AT TIME (1/380) SHARKIE REFUSES TO RECALL POSESSIONS IN CAR SHARKIE STATES STAFFORD ONLY OTHER MAN WHO SAW INSIDE OF HOSER'S CAR #*# (1/427) HOSER - You chased me down the lane, is that correct. SHARKIE - That's correct. HOSER - And recall, in company, either in company or without company of Mister Valentine here, calling me to come back or I agree to do so. SHARKIE - I called for you to come back. Your reply was I'll come back if you take the handcuffs off, and I said Okay. You stopped at the end of the lane. HOSER - Thank you. HOSER - I was taken back to the police station handcuffed wasn't I. SHARKIE - Yes. (1/436) HOSER - Referring to Valentine's evidence, Valentine said, I told him he was under arrest, he was doing something with a white calico bag. Is that correct, or words to that effect. SHARKIE - Yes. HOSER - And then Valentine used his words, used a little bit of force on right arm. Do you recall that. SHARKIE - I can remember him, yes I do. HOSER - And do you also recall Valentine saying, hand on right shoulder, pulled back. SHARKIE - Yes. HOSER - And you also recall Valentine stating that there had been no aggression by either party prior to that stage. Is that correct. SHARKIE - That's correct. HOSER - Thank you. (1/448) #*# (1/452) HOSER - Do you recall me struggling, resisting being handcuffed. SHARKIE - Yes I do. HOSER - Thank you. HOSER - Do you recall me objecting to being handcuffed. SHARKIE - Yes HOSER - Thank you. HOSER - Do you recall me attempting to drive off at all. SHARKIE - No I don't. HOSER - Do you recall me producing my driver's licence when asked. SHARKIE - Yes. HOSER - Do you remember me being of friendly demeanour when you first approached me. SHARKIE - I can't say whether you were friendly or not. You were co-operative. HOSER - Thank you. #*# (1/477) HOSER - Do you recall Valentine stating to me in the original time he arrested me, your fucking well under arrest. SHARKIE - No I do not. HOSER - He asked me, do you recall saying, repeat that please, and he said, you fucking well heard. SHARKIE - That's not correct. #*# (1/487) HOSER - You do recall him grabbing me by the arm though. SHARKIE - That's correct. #*# (1/493) HOSER - I put to you that you know it was said and your just lying again under oath. SHARKIE - I'm not lying under oath. HOSER - Do you recall me saying, Valentine stating your resisting arrest. SHARKIE - Words to that effect. You will be resisting arrest. HOSER - Do you recall me stating, no I'm not, I just don't want to be handcuffed, because I already have a sore wrist. SHARKIE - I never heard you say that. No. HOSER - There is a possibility I might have said that though, isn't there. SHARKIE - There was no conversation that we had, no. HOSER - So there isn't a possibility it was said at all. REFER TO TRANSCRIPT AT (1/452) #*# (1/515) HOSER - Do you recall, yourself or Valentine stating to the woman, wait here, we'll come back. PROSECUTER - Your worship he has already given evidence that he did not see the woman at the scene. SHARKIE - Which woman was that. HOSER - McKee SHARKIE - No. (1/518) HOSER - Is it standard procedure for you to arrest people and charge them with assault prior to taking, WEST - He hadn't arrested you Mister Hoser, remember HOSER - He was assisting another officer in arresting me. WEST - Not the arresting officer. HOSER - Were you assisting Mister Valentine in arresting me SHARKIE - Yes I was. HOSER - Thank you. END OF SIDE OF TAPE 7/11/90 QUOTATIONS OF COURT CASE. H - I Put it to you that none of you sustained any injuries, because none of you were assaulted. V - It depends on your definition of assault. If you know what the definition of assault is, you'd be able to work it out for yourself. H - Thank you. H - I put it to you that as far as your concerned, just me existing is an assault. V - Your existence doesn't concern me one way or the other. H - You're aware that to threaten an assault is an assault in the eyes of the law. V - It depends on how the receiving party feels about the threats that are made, not neccessarily to say that they can be. H - Thank you. H - If I put to you that in hindsight Mrs McKee might have felt threatened ... 8/11/90 Re-alleged assault of woman by Hoser. Both witnesses saw Hoser spit at woman. There was some doubt expressed as to whether or not the woman spat on Hoser. From the positions described by the two police witnesses in terms of where they were standing, it is probable that at some stage the woman's back was towards one or both witnesses (police) (On the false assumption that they were actually there). It is therefore highly likely that the woman could have spat on Hoser and not be seen doing so by either of the police witnesses. Certainly they were too far away to hear the contents of the conversation between the two parties and by the nature of what happens when someone spits, such an action by either party could have been easily missed. Winduss in his statement noted an argument taking place between both parties (or words to that effect). It is presumed that such an argument preceded any physical activity. The only person who was close enough to see if Hoser was spat on first was Hoser himself. Hoser stated categorically that he spat at McKee in direct response to being spat on himself. That Hoser was able to leave the scene without responding in kind to McKee's violence is to his credit and should be commended as such. Valentine stated that Hoser was friendly to him when first approached. Hoser has concurred with this. Such behaviour is unlikely from a man who has supposedly and without provocation assaulted a woman seconds earlier. Hoser was seen by the first witness to have ran from his car with a handcuf on his right arm. Valentine noted that Hoser supposedly became aggressive AFTER he attempted to handcuf him. All parties noted Hoser's objection to being handcuffed. At no stage had Hoser attempted to flee the scene prior to his running away with a handcuf on one of his arms. The evidence points not to Hoser resisting arrest but rather Hoser resisting being handcuffed. Hoser had objected to being handcuffed, a point not contested by anyone. Hoser had expressed concern at his car being left where it was should he accompany Valentine et. al in their car to the police station (as they had stated they wanted). Hoser's actions to secure the car, produce his licence/s, activate tape recorders all served to slow his actions to proceed with police to the police station. Valentine and co. became impatient with Hoser's delays and then resorted to using unneccessary force to attempt to remove Hoser from his car and then handcuf him, (Valentine's evidence). Hoser's concern with his car, and the expensive equipment within the car cannot be treated as resisting arrest AFTER he had agreed to co-operate with the police as much as possible. Hoser's concern for his equipment and property was borne out by events (and evidence) by Valentine's statement that a singlet belonging to Hoser had been left on the footpath and by the subsequent fact that material was later stolen from the car at Melbourne University. Windus noted that things 'got heated' after police opened the car door and pulled Hoser out. Again the police displayed a lack of patience with a co-operative man who had at no time objected to the proposition of going to the police station. (Valentine noted the co-operative nature of Hoser initially). Hoser's fear of being handcuffed was two fold. 1/ He types on a word processor for an average of four hours a day and his wrists are sensitive to any major stresses including those that may be inflicted by handcuffs. 2/ Hoser was fearful of the fact that by being cuffed he was then vulnerable to being assaulted. Both fears proved to be soundly based and both events feared actually occurred. Hoser's intial (Violent) outburst with police was apparantly when he 'started throwing shoulders everywhere' (Windus) and he ran from the car down High Street and down a lane (Faye). Such concurs with Hoser's version of events in that he did not resist arrest but rather resisted the being handcuffed. Any physical contact made by Hoser with Valentine or Sharkie would only have occurred in resisting being handcuffed. AT NO TIME DID HOSER ATTEMPT TO FLEE THE SCENE BY DRIVING HIS CAR AWAY AND AT NO TIME DID HE ACTUALLY REFUSE TO ATTEND THE POLICE TO GO BACK TO THE POLICE STATION. Time to use ATM for simple withdrawal or deposit for a single transaction (Deposit on the day in question) is less than 30 seconds. Lack of clear statements in this regards indicates either, 1/ The police witnesses are relatively unusual in that they do not use machines which are used by an overwhelming majority of the population in their own age bracket, or 2/ The police witnesses were deliberately attempting to hamper cross-examination which may have adversely affected their cases. Raised arm to lady (Faye) may have been Hoser waving his arms as he talked (Hoser does this most of the time - (as per telecom ad). Assault (by law) includes threat to assault. McKee may (according to police evidence) have felt threatened when a fairly muscular man jumped out of his car after tooting at her and approached her at high speed. That Hoser in no way intended to assault McKee is not relevant to her actual feelings. The only physical contact Hoser made with McKee was by spitting at her AFTER he had been spat on. McKee subsequently hit Hoser at which stage he backed off. Again from the alleged positions of the police witnesses and the relatively 'fluid' rapid movement of the two involved parties it would be fair to assume that both police witnesses may not have seen (or deliberately chose not to see) Hoser being hit by the woman. In any event no person was injured or gave evidence of such except Hoser. Such injuries are again consistent with Hoser's version of events including his account of assault by Kew Police. Age journalist Margaret Simons told Hoser of over 100 independatly alleged cases of assault by police stationed at Kew in the wake of her stories about a university lecturer, Trevor Hay. Regardless of the merit of each of those individual cases, it is unlikely that all 100 people who approached Margaret Simons told lies. Furthermore the ombudsman's report 1990, states assault as being one of the most common complaints made against police. Hoser has lodged numerous complaints against the Victoria police in the past. NONE have been for assault. That Hoser should chose on this occasion to complain about such, and on the basis that all other complaints have been upheld (at least on the basis of tapes and transcripts provided), it is likely that Hoser is telling the truth. Hoser was charged with assault on two previous occasions. 1/ Late 1987, after Hoser apprehended a well known taxi fare evader and conveyed her to police to be charged. Later in court the fare evader admitted to having committed her offence. The charges were eventually dropped. (In this case Hoser spent a considerable amount of time on a busy Friday night in the police station attempting to convince the police officer present/Bingley to charge the fare evader with various offences. Hoser was only charged with assault in this case 7 months after the incident and only after A/ Hoser had lodged a complaint about the police officer concerned for his inaction when intially asked to charge the girl and B/ The girl approached a friend of hers in the RTA enforcement section (Roger Bowman of Doncaster) and asked him to take steps to stop me from driving taxis. 2/ Mid 1990, Sergeant Bailey, formerly of Hawthorn told Hoser that he would be charged with assault after taking his photo without his permission in a public place. Those charges were also dropped. From the above two cases and that of 21/5/89, it is clear that certain police officers have displayed an unusual eagerness to charge Hoser with assault. Perhaps this could be linked with the 'serious' nature of the offence and the fact that a recorded conviction for such can be used to prevent Hoser from being able to earn an income from driving taxis. Police procedure according to Prahran and Doncaster police is NOT to arrest people and charge them with assault in similar circumstances to those described for 21/5/89. On 24-5/2/90 Hoser had his nose broken and also tape recorded the incident, had numerous witnesses, when he asked gatecrashers to leave a party at his house after his lounge suite had been thrown onto a fire in the back yard. Correspondence from the Ombudsman dated 5/9/90 implied that police would not charge anyone with assault in the absence of a tape recording of the incident. The letter stated 'Without the tape however' police are clearly at a disadvantage'. That Hoser was arrested is not in itself a cause for concern. Hoser has been arrested on numerous occasions, including within the confines of a court building to have his bags searched. The nature of the arrest of Hoser is however cause for concern including the way Valentine and co. over-reacted and attempted to 1/ Drag Hoser from his car before he could securely lock it. and 2/ They way they attempted to handcuf Hoser WITHOUT even asking for permission to do so. 1/11/90 Hoser has been arrested on numerous occsions and has never been charged with the offence of 'resist arrest'. On that basis, the possibility of such an incident having actually occurred must be seen as remote. The charge should be looked at more as an 'add on' charge to the others which were probably almost certainly maliciously laid. That Hoser was charged of all assault charges in the absence of written statements by ANY witnesses must lead one to believe that the subsequent statements were tailored to fit the charges rather than the other way around. Furthermore the laying of the charges in the manner outlined by Valentine goes at variance to accepted procedure by officers Ablett and Rutherford (one of whom said that in 20 years in the force it was not done that way). Likewise for Patterson and Nash of Prahran. Hoser was guilty of an offence by Parking on the footpath. Evidence by all witnesses indicated that the car was not actually impeding the progress of pedestrians, or blocking the passage of anyone by being parked on the footpath. Certainly there was sufficiant space on the footpath to allow Hoser to walk around the car and use the ATM at the side of the bank without difficulty, indicating that even when fully on the footpath, Hoser's car allowed for passage of pedestrians on the footpath. All indications by all witnesses are that the junction at Kew was relatively quiet at the time. Hoser had parked on the footpath outside the bank on the same basis that council and other vehicles drive along footpaths and similar places when things are quiet, such as on Sundays, and at night. Furthermore if a parking offence is seen by an officer (parking or police), and a driver is in attendance, the driver is usually asked to move on rather than be booked. Hoser was willing to move on, (he had used the bank machine) but was not given such an option. That Hoser was not given such an option by Valentine and that the matter was brought before the court indicates his vexatious nature. Bingley in December 1988, and other officers of police since have expressed NO difficulty in getting hold of me. Furthermore the fact that Hoser had bothered to go to the RTA to change the address on his driver's licence and taxi licence indicated a desire for Hoser to remain accessible to police. This accessibility was neccessary on the basis of ongoing correspondence between himself and the internal investigations department of police. Valentine's statement to arrest Hoser on the basis of the perceived difficulty in getting hold of him must therefore be called into question. Although Hoser freely admits to parking on the footpath, the offence should be dismissed without costs on the basis of the above. That Valentine didn't admit to prior knowledge of Hoser or the Bingley transcript until cross-examination indicates that he was not totally forthcoming or truthful in giving his evidence. Furthermore the nature of his evidence on a previous occasion in court in relation to calling for an adjournment must cast doubt on all his evidence adverse to Hoser. That no 'indecent singlet' existed is documented by the fact that Valentine did not keep it as an exhibit. Certainly a ripped up singlet is of no use to Hoser. The charge was made up and has no basis whatsoever. No such shirt with whatever Valentine said was on it exists or did so in Hoser's posession on 21/5/90. ALL CHARGES SHOULD THEREFORE BE DROPPED CASE FOR 19/04/90 Police and fellow witnesses allege among other things Hoser assaulted them. Hoser denies these allegations and alleges similar but worse by them. Police have a number of witnesses to back up their case of the day's events. Hoser has none. On weight of evidence Hoser should be convicted, but other important factors make such a conviction wrong. These include; 1/ Circumstances preceding the laying of charges in terms of hostility between Hoser and police and Hoser's earlier complaints against Bingley which were essentially substantiated in full. 2/ On the day in question Police acknowledge knowing about Hoser's taping of them and all previous hostility between Bingley and Hoser. 3/ Bingley's Assault charges were laid in similar circumstances and were shown to be false. 4/ Bingley's charges also relied on a substantial number of 'stooge' witnesses, that were discredited with tape evidence, unable to be used in this case. 5/ The critical evidence was stolen by police and acknowledged since, and unless that is produced the charges should be dismissed in toto, (excl. parking fine which should be dismissed for other reasons). 6/ Similarity of two police cases (Bingley/Valentine) means that this second case should also be dismissed). Charges laid as a result of earlier hostility between Police/RTA and Hoser. (Bingley/Bowman case ex "NAME SUPPRESSED" cases and subsequent exposure of false evidence, case rigging, etc, and Olsen assault on 7/4/89 among numerous other things). Camera, tapes, etc stolen so as to remove all of Hoser's evidence against Valentine, (now Hoser is lone witness and may have anything said against him that is untested). All allegations go against established pattern of behaviour by Hoser (see ALL other tapes), and NO motive is advanced for such behaviour by Hoser. Witnesses are stooges and liers in same manner as previous case (O'Shannessy case). Police acted in manner described by Hoser so as not to make same mistakes as in Bingley case. RTA involvement was demonstrated by Olsen's appearance at the first court date for this matter (police were absent). RTA involvement demonstrated by Olsen's knowledge of theft of taping and camera equipment in week following incident in May. Olsen (RTA) and Bingley (Police) subsequently admitted to taking material from car on 21/5/89. O'Shannessy case dropped after 1/ Bingley admitted fabrication of whole thing 2/ O'Shannessy's sister coming foreward and saying her sister wasn't overseas as the police had said. 3/ O'Shannessy's friend coming foreward to give new evidence against her. 4/ Two taxi drivers to give evidence against her. Harassment of Hoser is well documented and pattern of police/RTA behaviour is well domonstrated. (See Fitzgerald inquiry for QLD and Hoser's book pages 202-5 for NSW). In Victoria see example of Des Burke and Olsen last year (Booked two days after court appearance for "NAME SUPPRESSED" for the first time in many years of taxi driving by the same officer he gave evidence against - Olsen). Hoser had complained against Bingley theh harassed. Extra charges laid against Trevor Hay after complaining. Both times it was the Kew Police who took further action. Kel Glares recent admission of large scale assaults by police as a major problem. IIB substantiation rate of complaints is half that in pre-Fitzgerald Qld. Police over-reacted in handcuffing Hoser. NO INJURIES ALLEGED BY ANYONE OTHER THAN HOSER. HOSER STILL INJURED. Charges were to be dropped as part of a deal if Hoser dropped charges against Olsen. HOSER now facing five assault charges after taking photographs of Bailey on 9/4/90 - Demonstrates police willingness to charge Hoser with ANYTHING. Police never charged Ricky May with assault of Hoser on 24/2/90 in spite of Hoser's broken nose and other injuries. Hoser was known to the police and that is believed to be reason for non-charging of Ricky May. Prahran police never charged girls with assault of Hoser in april 1989 due to 'long standing police directive'. Exposes police double standards against Hoser. If Hoser had assaulted Police et. al, they must have had injuries due to Hoser's build. Hoser's manner of waving arms about and dress at time may have been costrued accidentally as aggressive. Police/Valentine grossly over-reacted by handcuffing Hoser, etc. Hoser was never given opportunity to refute any allegations until after being stripped in police station, by which time it was patently obvious that Hoser would have been wasting his time. Police (FOI) acknowledge that Valentine et. al read Bingley transcript so would have been aware of hostility between Hoser and police. Such may (would) have increased desire of Kew police to charge Hoser with as much as they could get away with. Police (FOI-IIB) acknowledge tape recorder. Further reason to be hostile to Hoser. Police have demonstrated hostility to tape recorders held by civilians (see many transcripts). Police officer (female) was a good friend of Bingley's. Hoser DID object to being handcuffed, but not to being taken back to police station by any means. Hoser also expressed concern for his possessions being treated with total disrespect by the police. Hoser was unable to have photos taken of his injuries due to the almost immediate theft of his camera gear (when he was about to have his photos taken). RTA officer Olsen had mentioned Hoser's camera equipment in FOI material and clearly objected to Hoser posessing such. (See tape transcripts also, including feb 1989). Hoser has lost case before it started due to loss of gear $5,000 lost and about half only paid by insurance company. Hoser was so devastated that he lost about $1,000 in income immediately after event and also an estimated $10,000 since. Ashton (RTA) (7/11/89) also tried to steal Hoser's (new) camera gear on 7/11/89. Perry (RTA) and offsider forced entry to Hoser's house on 30/11/89, Perry stated he (Perry) had no respect for any laws - see tape. Reflects police/RTA attitude when dealing with Hoser. Police RTA have used and abused legal process to convict Hoser of non-existent offences. Hoser has already suffered character assasination. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND GEORGE OLSEN (ROADS CORPORATION AKA VICROADS). TRANSCRIPT IS DATED 09/04/90 DURING THE DAY AND IS INSIDE MELBOURNE MAGISTRATE'S COURT BEFORE AN APPEARANCE BY HOSER AT THE COURT FOR TEN RTA/POLICE CHARGES BEING FACED BY HOSER. GEORGE OLSEN IS SEATED MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. HOSER = HOSER OLSEN = OLSEN TRANSCRIPT STARTS NOW HOSER - Are you here for my case or for something else? OLSEN - I'm not prepared to talk to you. HOSER - Sorry? OLSEN - I'm not prepare, prepared to talk to you about it. HOSER - Have you assaulted any cab drivers lately? OLSEN - No. PAUSE OLSEN - How did you enjoy your time in the slammer by the way... HOSER - Sorry? OLSEN - D'ya get a holiday inside? HOSER - How do you mean? OLSEN - Enjoy. Sorry. Did you go to jail over Christmas or something? PAUSE OLSEN - Did you? HOSER - I missed, I missed that. OLSEN - You, you didn't go to jail? HOSER - When? Mister Olsen, you said to me you don't want to talk to me, OLSEN - Yeh, HOSER - and you ask me how my holiday was. OLSEN - Well how was it? HOSER - I'll tell you. I will speak to you about that sort of matter. Now tell me are you here to do with me? OLSEN - Oh well probably not. HOSER - ... must be three or four briefs... INDICATING BRIEFS IN OLSENS HAND WHICH WERE NOT TO DO WITH HOSER OLSEN - What are you up here for today? Whatch ya do now? HOSER - I have never done anything wrong. Not like yourself. OLSEN - That's not true. HOSER - The only thing I've done wrong is complain about people such as yourself. OLSEN - Gee you've complained a lot then haven't you? Funny how every, everybody you run into causes you problems. HOSER - No. Just corrupt public servants such as yourself. OLSEN - Well there's a lot isn't there. HOSER - Actually er, have you read the Fitzgerald inquiry report. OLSEN - No. HOSER - You haven't. There's a lot in Queensland, but there's more here. OLSEN - You think so? HOSER - Well there's three times the population isn't there? OLSEN - You'll have to write to Tony Fitzgerald and tell him to come down. HOSER - I'd love to do that, except you guys have too much control. OLSEN - Yeh it's rough when things are like that isn't it. HOSER - How was your holiday in Canada? OLSEN - You still driving? HOSER - I haven't driven since um, the fourth of October, is that right? OLSEN - Umm, well that's bad luck isn't it. Hard getting round is it? HOSER - I wish I ... OLSEN - Tough isn't it. Take a taxi. Plenty of taxis out there. HOSER - There's a shortage. OLSEN - Is there? HOSER - I actually got picked up by the coppers for hitch-hiking the other day. OLSEN - Truly? Where? HOSER - Outside the RTA. OLSEN - Nah. HOSER - Yeh, in Carlton there. HOSER - I hadn't been to the RTA. It was on a Sunday. I'd been to Melbourne Uni, and um, I got in a car and the coppers pulled the car up. OLSEN - Well they probably realised you were such a shifty person, they probably wanted to save the motorist from a great deal of trouble. HOSER - No, the motorist sided with me. OLSEN - Sorry? HOSER - The motorist sided with me. OLSEN - Yeh, but how would the motorist know what sort of person you are? HOSER - The motorist knew me. OLSEN - Personally. HOSER - Yes. OLSEN - Ooh well. HOSER - The motorist knows what sort of problems I've been up against so, er, the motorist told the coppers where to go really quick. OLSEN - MUMBLING HOSER - Actually the female copper actually apologised after, which I thought was quite good... OTHER VOICE - I don't know UNRELATED CONVERSATION HOSER - So how was your holiday in Canada or where ever you went? OLSEN - Very nice. HOSER - Warm? You came back with a suntan. OLSEN - Well I think it might be more pleasant than yours. HOSER - How could you afford to go over? OLSEN - Oh you know how things work. HOSER - Sorry? OLSEN - You, you buy the ticket, you get on the plane and you go. HOSER - Yeh, but how did you afford it. Obviously it cost a fair bit of money. OLSEN - Oh not really, good question. Laughter . END OF CONVERSATION THERE WAS A LATER CONVERSATION WITH OLSEN IN WHICH HE REVEALED HIS INTIMATE KNOWLEDGE OF THE CHARGES HOSER WAS FACING ON THE DAY THAT CONVERSATION TOOK PLACE AT LEAST HALF AN HOUR LATER . END OF THIS TRANSCRIPT . TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) ALAN "NAME SUPPRESSED" AND SERGEANT GEOFFREY BAILEY (VICTORIA POLICE). TRANSCRIPT IS DATED 09/04/90 DURING THE DAY AND IS OUTSIDE MELBOURNE MAGISTRATE'S COURT AFTER AN APPEARANCE BY THE THREE MEN AT THE COURT FOR TEN RTA/POLICE CHARGES BEING FACED BY HOSER. HOSER RUNS OUT OF THE COURT BUILDING TO TAKE A PHOTOGRAPH OF BAILEY WHO HAS JUST WALKED OUT OF THE BUILDING. THE TRANSCRIPT STARTS AS HOSER POINTS THE CAMERA AT BAILEY. THE TRANSCRIPT IS TAKEN FROM TWO TAPE RECORDINGS. ONE WAS TAKEN BY "NAME SUPPRESSED" AND ANOTHER WAS TAKEN BY HOSER. BOTH WERE PARALLEL RECORDINGS OF THE SAME INCIDENT. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. HOSER = HOSER "NAME SUPPRESSED" = "NAME SUPPRESSED" BAILEY = BAILEY BOURKE = DES BURKE (FRIEND OF HOSER AND "NAME SUPPRESSED") TOBIN = JACK TOBIN (MAGISTRATE) TRANSCRIPT STARTS NOW BAILEY - I don't want you to take that photograph Mister Hoser. BAILEY - If you take that photograph I'll put in the brief for assault. HOSER - How come? BAILEY - 'cause your taking it against my wishes. Technically it's an assault. HOSER - Are you trying to tell me. BAILEY - If you wish to continue, HOSER - Are you telling me the law that it's an assault if I take your photograph? BAILEY - If I don't want it. "NAME SUPPRESSED" - Sergeant, there is no law in this country, BAILEY - Who are you? "NAME SUPPRESSED" - I am a friend of his. BAILEY - What's your name? "NAME SUPPRESSED" - Alan Anthony "NAME SUPPRESSED", I'll produce, BAILEY - If you take my photograph which you are at present, HOSER - I haven't taken it yet! BAILEY - You will be charged with assault. HOSER - For taking your photograph. BAILEY - Yes. "NAME SUPPRESSED" - Yes, Okay. BAILEY - And you've been warned. HOSER - Okay, hold it, you can charge me then. "NAME SUPPRESSED" - Hold on, you can charge him. HOSER - I haven't taken it yet, but I'd love to, RUNNING AFTER BAILEY WHO IS CROSSING RUSSELL STREET AND HEADING TOWARDS THE POLICE STATION SOUND OF HOSER RUNNING "NAME SUPPRESSED" - QUICKLY PHIL ("NAME SUPPRESSED"'S TAPE ONLY) . HOSER TAKES HIS FIRST PHOTO OF BAILEY - THE FIRST OF ABOUT FIVE PHOTOS . BAILEY - I'm warning you again if you take my photograph, you'll be charged with assault. "NAME SUPPRESSED" - Go on take it Phil! SIMULTANEOUS ABOVE BAILEY - It's against my wishes. You'll receive a ... HOSER - That's Okay. "NAME SUPPRESSED" - Right, fine, I'm his witness, it is er, three minutes past one o'clock. BAILEY - If your taping me, you may as well, "NAME SUPPRESSED" - Ha, BAILEY - I'm taping you too. "NAME SUPPRESSED" - Your taping me, as, BAILEY - That's right Mister "NAME SUPPRESSED". "NAME SUPPRESSED" - You've got a tape. BAILEY - Yes I have. "NAME SUPPRESSED" - You know my name. BAILEY - You, you told me. "NAME SUPPRESSED" - Sergeant, who are you. BAILEY - You told me. "NAME SUPPRESSED" - Your one seven, three, oh, who are you? BAILEY - I know you. HOSER - See you later Mister Bailey. BAILEY WALKS INTO RUSSELL STREET POLICE COMPLEX "NAME SUPPRESSED" - Did you tell him my name? HOSER - Nup. "NAME SUPPRESSED" - It's all on tape. Increadible, they hate us! PAUSE "NAME SUPPRESSED" - TO DES BURKE ON OTHER SIDE OF RUSSELL STREET WHERE HOSER AND "NAME SUPPRESSED" HAVE CROSSED BACK TO. STANDING OUTSIDE THE COURTHOUSE Philip's going to be charged with assault for taking a picture of that policeman. That policeman knew who I was and he just said to me, if your taping me mister "NAME SUPPRESSED", I'm taping you. BURKE - Did you tape him? "NAME SUPPRESSED" PRODUCES RECORDER STILL RUNNING BURKE - LAUGHTER HOSER - You can't be charged with assault for taking a guy's photograph. BURKE - MORE LAUGHTER "NAME SUPPRESSED" - Do you like it? BURKE - No, no but you could be charged with assault, "NAME SUPPRESSED" - You can't be charged with assault, LAUGHTER HOSER'S TAPE IS TURNED OFF UNTIL JACK TOBIN APPEARS, BUT "NAME SUPPRESSED"'S RECORDING CONTINUES THROUGHOUT AND HIS TAPE IS SOLE BASIS OF THE INTERVENING TRANSCRIPT BURKE - Yes, be charged with assault. You could be charged with assault for er, trying to intimidate a policeman and being a part of that intimidation the photograph being the evidence, that you were intimidating, I would say, but ah, it might be an interesting bit of court. "NAME SUPPRESSED" - SIGH AND LAUGHTER BURKE - How does he know that you've taken the photograph? HOSER - Because I've taken it. I've told him I've taken it. Meanwhile Des, let me tell you, "NAME SUPPRESSED" - Hello Mister Tobin, TOBIN - How ya going? "NAME SUPPRESSED" - Ah we, hey, ca, give us a word of advice. Can we be charged with assault for taking a picture of a policeman, mister Tobin. TOBIN - I don't think so. BURKE - PROFUSE LAUGHTER IN BACKGROUND HOSER'S TAPE RECORDING RECOMMENCES HERE "NAME SUPPRESSED" - And, and d'ya know what he said, he said mister "NAME SUPPRESSED", if, if your taping me, which I was, you know, hold on PRODUCES TAPE RECORDER STILL RUNNING , he said if your taping me mister "NAME SUPPRESSED", ah, you know, I'm, I'm taping you too. I've got my tape recorder going. TOBIN - MUMBLING HOSER - ... Sorry, TOBIN - Yeh, HOSER - The policeman just standing there, he said, Mister Hoser if you take my photo I'll put it in the brief and you'll be charged with assault. "NAME SUPPRESSED" - We don't believe what's happened to us, stage. SIMULTANEOUS ABOVE HOSER - and I said, I said to him, could you please tell me the law, and he said, no, that is all, and I said well look you can charge me with assault I'm going to take your photo and I ran across the road, and he walked across the road, click, he said Okay you will be sent a summons and charged. I can't be charged with assault for taking a guy's photograph! "NAME SUPPRESSED" - Did you see, did you see, did you see what Kel Glare said about this. PRODUCES A PRESS CLIPPING ABOUT STATE POLICE TAKING OVER FEDERAL POLICE DUTIES AT TULLAMARINE AIRPORT TOBIN - Oh, I read the paper this morning, yeh. "NAME SUPPRESSED" - Five point two million's bullshit. They only need nine police at the most. TOBIN - Yeh, but he's talking twenty four hour though isn't he? "NAME SUPPRESSED" - It doesn't matter, it's two shifts, ah three shifts, two policeman a shift, TOBIN - Yeh "NAME SUPPRESSED" - that's all they need, on patrol, plus one in the station up there, that's all they need. TOBIN - Out at the airport? "NAME SUPPRESSED" - Yeh, it's ridiculous. HOSER - I'm sorry to be difficult, so he can't charge me for assault for taking his photo can he? TOBIN - He's allowed to charge you, but... "NAME SUPPRESSED" - LOUD LAUGHTER TOBIN - I wouldn't have thought so. HOSER - Right, thanks a lot. Bye. "NAME SUPPRESSED" - See you. BURKE - Listen, er, who was that? "NAME SUPPRESSED" - SIGH Shall we tell him? That's er, BURKE - I'm trying, trying to work out, saw him the other night, I'm trying to work out who he is. "NAME SUPPRESSED" - Not, not at the constellation. BURKE - Who is it? "NAME SUPPRESSED" - That's Jack er, HOSER - Tobin. "NAME SUPPRESSED" - Tobin. He's one of the senior magistrates here. BURKE - Yes he is. "NAME SUPPRESSED" - MORE LAUGHTER "NAME SUPPRESSED"'S RECORDING ENDS HERE "NAME SUPPRESSED" - I don't believe that! BURKE - Right, Okay, see you later fellas. HOSER - I didn't call you here Desmond "NAME SUPPRESSED" STILL LAUGHING PROFUSELY "NAME SUPPRESSED" - I'm going to become a catholic. How do you teach me to become a catholic. HOSER - Desmond, Desmond. BURKE - Sorry, I don't think the church could cope. HOSER - Desmond, BURKE - I could enquire but ah, I've gotta go. "NAME SUPPRESSED" STILL LAUGHING HOSER - I did not call you. Mister "NAME SUPPRESSED" says, Mister Duggan's on, I've gotta call Des, I said don't, he goes chooef. BURKE - Your a bum. "NAME SUPPRESSED" - I told you that. BURKE - Your, yeh I know your a fucking, HOSER - Now that, now that, BURKE - You called me at the wrong time and you've really mucked up my day. HOSER - Now that SIMULTANEOUS ABOVE "NAME SUPPRESSED" - Look at my day, look at what I've got to do. BURKE - I have just realised I've left a meal on. HOSER - Doesn't matter, doesn't matter. "NAME SUPPRESSED" - He's left a meal on. Is it on fire? HOSER - Des, BURKE - I hope it hasn't caught on fire, yet, ... HOSER - Des, Des, Des, tell me about, what happened about the time where they carted you away and how did you get off that? What happened? BURKE - They dropped all charges. HOSER - But why? "NAME SUPPRESSED" - Turn it off Phil. TAPE RECORDER IS TURNED OFF END OF TAPE/S AND TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), REG PATTERSON AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, 8/1/91 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE RTA KEW HEADQUARTERS ON OR AROUND THE FIFTH FLOOR OF THE RTA BUILDING, IN OR AROUND MR. PATTERSON'S OFFICE MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION TOOK PLACE FOR AN ESTIMATED 35 MINUTES AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER IN BRACKETS IS THE APPROXIMATE TAPE COUNTER NUMBER ON THE LARGE TAPE. KEY. HOSER = HOSER DAVID = DAVID O'SULLIVAN REG = PATTERSON TRANSCRIPT STARTS NOW EXCERPTS START NOW (1/300) REG - If what you're saying is correct and I underline it, HOSER - Yes, REG - That we were aware that the case was withdrawn, HOSER - Right, REG - We will not pursue the recovery of the money. HOSER - Thank you, right, REG - Okay, END OF EXCERPT 1 TAPE TRANSCRIPT OF COURT CASE ON 10TH SEPTEMBER 1991 WHERE DERRY ASHTON OF VICROADS WAS CHARGED WITH ASSAULT. TRANSCRIPT IS DATED, 10/09/91. TAPE IS MARKED (PM). INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT MELBOURNE MAGISTRATE'S COURT IN COURT ROOM NUMBER TEN. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. CASE WAS RECORDED IN FULL BY LEGAL TRANSCRIPTS PTY LTD 'LICENCED COURT RECORDERS' OF SUITE 4, 600 LONSDALE STREET, MELBOURNE, VICTORIA, 3000, PHONE: (03) 642-0322 FAX: (03) 642-0062 'MASTER TAPES' SUPPLIED BY LEGAL TRANSCRIPTS PTY LTD WERE DUPLICATED ON 90 MINUTE TAPES AND THE FOLLOWING EXCERPTS ARE TAKEN FROM THE DUPLICATED TAPES WITH CORRESPONDING NUMBERS FROM THOSE TAPES (5 SIDES). EXCERPTS ONLY SEPARATED BY '#*#' KEY. OLSEN = GEORGE MARTIN OLSEN HOSER = RAYMOND (AKA PHILIP) HOSER KLEVSTAAT = MAGISTRATE LAPIROW = ASHTON'S BARRISTER SCHOFIELD = PETER SCHOFIELD TRANSCRIPT STARTS NOW #*# (5/062) HOSER - So if Mister Ashton had attacked me, you would have seen it. SCHOFIELD - Yes HOSER - Oh, I can't turn around and say I put it to you you're lieing, but I'd love to, ah, no further questions. LAPIROW - No cross examination your worship. KLEVSTAAT - Mister, er Schofield, just take a seat in the court for the moment. Mister Hoser, you say you have some photographs taken by Mister "NAME SUPPRESSED". HOSER - Yes. KLEVSTAAT - And is it your intention to tender those photographs in due course through Mister "NAME SUPPRESSED". HOSER - Yes. KLEVSTAAT - Subject to anything that either of you might wish to say, I think I should look at those photographs now to prevent any unfairness to either of the past, previous two witnesses, because if they purport to show something which is in conflict with what these witnesses are saying, then I think they should have an opportunity to comment on it. I appreciate Mister Lapirow that they should have been put in properly prior to Mister Hoser calling these two witnesses but I don't, I think as a question of fairness it shouldn't be left hanging as it were if they are tendered at a later date without these witnesses having an opportunity to comment on them. LAPIROU - Subject, KLEVSTAAT - Subject of course to the proper proof of the photographs. LAPIROU - The difficulty with all of this of course is that those rules apply for the defence witnesses, not with prosecution witnesses and the court must be careful, in not stepping into the arena in assisting somewhat the prosecution. KLEVSTAAT - I appreciate, that Mister, er, LAPIROU - Other than that I understand exactly what your worship said. KLEVSTAAT - Yes. Mister, er Hoser, you heard what I said, are you prepared to show the photographs to me now. HOSER - Yes, you can have these as exhibits. KLEVSTAAT - No I don't want to have them as exhibits, I just want you to show them to me. LAPIROW - Can I see them your worship. KLEVSTAAT - Well, I think I should see them first. HOSER - There you go. KLEVSTAAT - And you say that these are photographs taken by Mister "NAME SUPPRESSED" on the day. HOSER - Well, yep, he gave them to me, before he got put in clink. (5/110) PAUSE HOSER - No there's only three, they're just duplicates. KLEVSTAAT - Yes, would you like to have a look at those Mister Lapirow LAPIROW - Thank you your worship. VERY LONG PAUSE LAPIROW - I've seen them your worship. KLEVSTAAT - Yes, I think it would be, I think it would be remiss of me at this stage not to enter into the arena to some extent. LAPIROW - Yes your worship. KLEVSTAAT - Mister Schofield, would you go outside please just for a moment. Would you come back into the witness box please Mister Olsen. Um, perhaps you could just hand those photographs to my clerk. Yes. HOSER - Well I can ask some more questions now? KLEVSTAAT - No, I'm going to ask the questions I think Mister Hoser. HOSER - All right. KLEVSTAAT - Mister Olsen would you look at the first two photographs please. OLSEN - Um, yeh, I'm looking, KLEVSTAAT - Just a moment. PAUSE KLEVSTAAT - What do you say the first one shows? OLSEN - It shows Mister Ashton with his arms outstretched and Mister Hoser to his right. He seems to be coming from around him your worship. KLEVSTAAT - Yes, can you see yourself in the photograph? OLSEN - Just to the back I would say maybe fifteen feet at a guess. KLEVSTAAT - Yes. What do you say about your previous evidence, that Mister, er Ashton didn't raise his arms at any stage? OLSEN - Well, I think I said your worship I didn't see him raise his arms, and I still don't have a recollection of that, that was in November last year, the photo obviously shows that with his arms out, um, prior, I think if you had the snap or two before this photo you would see that Mister Hoser was directly in front of him at that stage. KLEVSTAAT - Yes. Yes. What about the other photograph, do you see anything there. OLSEN - Yes, Mister Ashton is in his car and he's appearing to drive away. KLEVSTAAT - Yes, thank you. Yes. OLSEN - Or preparing to drive away and in the third one he's driving away. KLEVSTAAT - Yes. Mister er, um, Mister Hoser, is there anything else you wanted to ask directly of this witness in relation to those photos. HOSER - Mister Olsen, in the first picture, you're certainly facing and looking directly at, sorry this picture here, this is the one, OLSEN - Ah yes, yep, HOSER - The one with Mister Ashton with raised arms, you're certainly facing directly towards the two of us, aren't you, looking straight ahead. OLSEN - Yes, yep. HOSER - Now you're certainly. Is there anything wrong with your eyes? OLSEN - No, no. HOSER - And you are a work colleague of Mister Ashton, certainly aren't you. OLSEN - Well we work for the same organisation, yes that's correct. HOSER - Right now, #*# (5/240) HOSER - Where's Mister Schofield standing in relation to you? OLSEN - At that stage he's probably ten feet behind me I would say. HOSER - Right. #*# (5/329) KLEVSTAAT - Yes you can leave the witness box and you are now again finally I hope Mister Olsen excused, would you call Mister Scofield back in please. PAUSE KLEVSTAAT - Yes, Mister Schofield, you've been sworn and you are still on oath, would you have a look at these three photographs please. PAUSE KLEVSTAAT - Earlier you gave evidence that you didn't see any raised arms at any stage, by Mister Ashton. What do you say about that having seen that photograph? SCHOFIELD - Well I still believe their not raised your worship, however I can't recall that position either, um I think I mentioned in my previous evidence that officer Ashton stepped back and to the left to get around him, whether that was in that process or not I'm not sure, but I can't recall him lifting his arms to that position, he certainly didn't raise them as Mister Hoser was intimating to me before. KLEVSTAAT - Yes, can you see yourself in any of those photographs. SCHOFIELD - No your worship. KLEVSTAAT - Well, there are three photographs there Mister Schofield. SCHOFIELD - Oh, this is the first one is it. SCHOFIELD - Yes, your worship, I can see myself now, I'm at the um, next to the tree at the rear of officer Olsen. SCHOFIELD - And that's officer Ashton driving off. KLEVSTAAT - Yes, well your clearly not side by side with Mister Olsen at that stage. SCHOFIELD - He's obscured by um, I said I was to officer Olsen's, er, officer Olsen was on my right, I can't see behind this, KLEVSTAAT - In the first photograph, but in the second photograph, your clearly not togeather. SCHOFIELD - Well that's correct your worship. (5/374) #*# (5/480) KLEVSTAAT - Yes can I have those three photographs back please, they'll be marked for identification, they'll be exhibit 'F' for identification. Yes, well that's the close of play today, your now excused again Mister er, hopefully for the final time Mister er, Schofield. Yes. TAPE TRANSCRIPT OF COURT CASE ON 10TH SEPTEMBER 1991 WHERE DERRY ASHTON OF VICROADS WAS CHARGED WITH ASSAULT. TRANSCRIPT IS DATED, 10/09/91. TAPE IS MARKED (PM). INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT MELBOURNE MAGISTRATE'S COURT IN COURT ROOM NUMBER TEN. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. CASE WAS RECORDED IN FULL BY LEGAL TRANSCRIPTS PTY LTD 'LICENCED COURT RECORDERS' OF SUITE 4, 600 LONSDALE STREET, MELBOURNE, VICTORIA, 3000, PHONE: (03) 642-0322 FAX: (03) 642-0062 'MASTER TAPES' SUPPLIED BY LEGAL TRANSCRIPTS PTY LTD WERE DUPLICATED ON 90 MINUTE TAPES AND THE FOLLOWING EXCERPTS ARE TAKEN FROM THE DUPLICATED TAPES WITH CORRESPONDING NUMBERS FROM THOSE TAPES (5 SIDES). EXCERPTS ONLY SEPARATED BY '#*#' KEY. OLSEN = GEORGE MARTIN OLSEN HOSER = RAYMOND (AKA PHILIP) HOSER KLEVSTAAT = MAGISTRATE LAPIROW = ASHTON'S BARRISTER SCHOFIELD = PETER SCHOFIELD MALE VOICE = CLERK TRANSCRIPT STARTS NOW #*# (4/005) KLEVSTAAT - Yes, whose your next witness. HOSER - I now call, just bear with me, I have to re-organise everything. George Martin Olse. KLEVSTAAT - Yes. MALE VOICE - George Olsen. MALE VOICE - Hold the bible and repeat after me. I swear by almighty God. OLSEN - I swear by almighty God. MALE VOICE - That the evidence I shall give. OLSEN - That the evidence I shall give. MALE VOICE - To the court. OLSEN - To the court. MALE VOICE - In this case. OLSEN - I this case. MALE VOICE - Shall be the truth. OLSEN - Shall be the truth. MALE VOICE - The whole truth. OLSEN - The whole truth. MALE VOICE - And nothing but the truth. OLSEN - And nothing but the truth. KLEVSTAAT - Thank you. Yes, Mister er, Hoser, I'll just make it quite clear at this stage that your not permitted to ask leading questions of this witness. Now what is and is not a leading question can be stated fairly simply but er, it's not always that simple in practice, HOSER - I understand that. #*# (4/202) HOSER - He was definitely on your left side. OLSEN - Yeh. HOSER - So you were like walking down as a pair. OLSEN - That's right, yeh, as I remember it, that's that's right. HOSER - Right, okay, so, then, okay then what happened. Okay you've walked out as a pair, right side by side out of that door, this is your evidence, that's right. Is that your evidence? OLSEN - That's what I said. HOSER - Right, and, and then Mister Ashton was in front, then what happened from that point onwards? #*# (4/249) HOSER - Did you ever see Mister Ashton do anything with his hands? OLSEN - No I didn't. HOSER - You never saw any raised hands? OLSEN - I didn't. HOSER - You never saw him punching. OLSEN - No. HOSER - Now, you were following Mister Ashton, so presumably you would have seen everything he did. OLSEN - Well yes I was five feet behind him, and slightly to the right, I had a reasonable view of what he did. HOSER - You certainly saw, well your your your story here is, I stood in front of you. OLSEN - No. HOSER - Oh sorry I stood in front of Ashton and Ashton then walked around me, you certainly saw all of that didn't you. OLSEN - Yes. HOSER - And then you saw Mister Ashton get into the car. OLSEN - Yep. HOSER - Now if Mister Ashton had hit me, you would have seen that. OLSEN - Oh yeh. HOSER - And you never saw him hit me. OLSEN - No. HOSER - If Mister Ashton had raised his hands like that, you would have seen it. OLSEN - I think so. Yes. KLEVSTAAT - Mister Hoser, this is cross examination. HOSER - Sorry. But you never saw him, you did never see him do anything of the sort, did you. OLSEN - No. HOSER - Now, your worship can invoke hostile witness material here if I could show that Mister Olsen here is telling blatent lies. KLEVSTAAT - Well leave the witness box please Mister Olsen, and just go outside the court. KLEVSTAAT - What material do you say shows that this witness is not telling the truth. HOSER - Right, he says he never saw Ashton raise his hands, KLEVSTAAT - Yes. HOSER - He says he never saw him punch me. KLEVSTAAT - I've heard the evidence of the witness. What material do you intend to use to demonstrate that what he has said is not true. HOSER - Right, Mister "NAME SUPPRESSED"'s photos quite clearly show Mister Olsen was one in full view looking at it happen and two Mister Ashton was grabbing me and then punching me. KLEVSTAAT - Well I haven't got these. HOSER - No I know that. But basically it does show. KLEVSTAAT - Mister Hoser, until those photographs are properly in evidence they can't be used for any purpose. HOSER - They can't be used to invoke hostile witness provisions. KLEVSTAAT - Not at this stage. HOSER - Fine, well what can also be shown as hostile witness, that tape recording that has already been tendered as evidence and the transcript shows quite clearly there was none of that conversation that Mister Olsen and I had, that he said. ... #*# (4/401) KLEVSTAAT - As I have constantly said, both in this job and in a previous job, if people get in the witness box and are telling lies but they're reasonably good at it, there is no defence against that. But at this stage it seems to me that any application for hostile witnesses is entirely premature. Yes, would you call, Mister HOSER - Olsen back. KLEVSTAAT - Olsen. #*# (4/457) KLEVSTAAT - It might be best if I asked the question. LAPIROW - Yes your worship. KLEVSTAAT - Mister, er Olsen, do you recognise any of the er, voices, or any of the words said on that tape as belonging to you. OLSEN - No I couldn't understand any of it except the last bit your worship except the last bit that said the word assault. KLEVSTAAT - Yes, so I think that's about it Mister Hoser. #*# (4/477) HOSER - You and Mister Schofield were walking togeather as a pair is that correct? OLSEN - I said that before. HOSER - Right. Mister Ashton got into his car by himself is that correct? OLSEN - That's correct. #*# (4/500) HOSER - So although you had full view of Mister Ashton, at no stage did he raise his arms at me or er hit me or anything like that did he? OLSEN - Well ah, I don't think I used the words full view. I was behind him slightly to the right and I did not see him raise his arms to you, no, or punch you or anything else. HOSER - Right, and you do understand the meaning of being under oath. You've got to tell the truth. OLSEN - Yes. HOSER - You are aware that perjury is an offence. OLSEN - Yes. #*# (4/561) KLEVSTAAT - Have you ever assaulted this man (HOSER) OLSEN - No your worship. HOSER - Have you ever threatened to assault this man, as in myself. OLSEN - No your worship. HOSER - Never. OLSEN - No. KLEVSTAAT - Yes thank you. HOSER - Well if that's the case you can sue Bob Bottom. There we go. KLEVSTAAT - Thank you. #*# (4/589) HOSER - Okay, so you don't remember my carrying anything. OLSEN - Not at all. HOSER - Was Ashton's car illegally parked? OLSEN - I don't know. KLEVSTAAT - Now what's the relevance of that. HOSER - No worries. HOSER - No further questions. KLEVSTAAT - Yes Mister Lapirou, do you wish to cross examine. LAPIROU - No I don't your worship. KLEVSTAAT - Yes thank you, you can leave the witness box. Is there any reason why the witness can't be excused any further attendance under this subpoena. HOSER - No, he's excused. KLEVSTAAT - Yes, thank you Mister Connell, your excused subject to any witness expenses. LAPIROW - That'd probably be a matter between the witness and the prosecution. KLEVSTAAT - Yes. HOSER - Ah, next witness I call, KLEVSTAAT - Look it's seven minutes to four, HOSER - He'll only be ten minutes, it'll probably be easier to just get rid of him now. KLEVSTAAT - That's Mister, HOSER - Schofield. I can't see him being half as long as Mister Olsen. KLEVSTAAT - Yes, very well, well we'll deal with him to avoid inconvinience and expense. MALE VOICE - Grab the bible and repeat after me, I swear by Almighty God, SCHOFIELD - I swear by Almighty God. TAPE TRANSCRIPT OF COURT CASE ON 10TH SEPTEMBER 1991 WHERE DERRY ASHTON OF VICROADS WAS CHARGED WITH ASSAULT. TRANSCRIPT IS DATED, 10/09/91. TAPE IS MARKED (PM). INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT MELBOURNE MAGISTRATE'S COURT IN COURT ROOM NUMBER TEN. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. CASE WAS RECORDED IN FULL BY LEGAL TRANSCRIPTS PTY LTD 'LICENCED COURT RECORDERS' OF SUITE 4, 600 LONSDALE STREET, MELBOURNE, VICTORIA, 3000, PHONE: (03) 642-0322 FAX: (03) 642-0062 'MASTER TAPES' SUPPLIED BY LEGAL TRANSCRIPTS PTY LTD WERE DUPLICATED ON 90 MINUTE TAPES AND THE FOLLOWING EXCERPTS ARE TAKEN FROM THE DUPLICATED TAPES WITH CORRESPONDING NUMBERS FROM THOSE TAPES (5 SIDES). EXCERPTS ONLY SEPARATED BY '#*#' KEY. OLSEN = GEORGE MARTIN OLSEN HOSER = RAYMOND (AKA PHILIP) HOSER KLEVSTAAT = MAGISTRATE LAPIROW = ASHTON'S BARRISTER SCHOFIELD = PETER SCHOFIELD TRANSCRIPT STARTS NOW #*# (5/062) HOSER - So if Mister Ashton had attacked me, you would have seen it. SCHOFIELD - Yes HOSER - Oh, I can't turn around and say I put it to you you're lieing, but I'd love to, ah, no further questions. LAPIROW - No cross examination your worship. KLEVSTAAT - Mister, er Schofield, just take a seat in the court for the moment. Mister Hoser, you say you have some photographs taken by Mister "NAME SUPPRESSED". HOSER - Yes. KLEVSTAAT - And is it your intention to tender those photographs in due course through Mister "NAME SUPPRESSED". HOSER - Yes. KLEVSTAAT - Subject to anything that either of you might wish to say, I think I should look at those photographs now to prevent any unfairness to either of the past, previous two witnesses, because if they purport to show something which is in conflict with what these witnesses are saying, then I think they should have an opportunity to comment on it. I appreciate Mister Lapirow that they should have been put in properly prior to Mister Hoser calling these two witnesses but I don't, I think as a question of fairness it shouldn't be left hanging as it were if they are tendered at a later date without these witnesses having an opportunity to comment on them. LAPIROU - Subject, KLEVSTAAT - Subject of course to the proper proof of the photographs. LAPIROU - The difficulty with all of this of course is that those rules apply for the defence witnesses, not with prosecution witnesses and the court must be careful, in not stepping into the arena in assisting somewhat the prosecution. KLEVSTAAT - I appreciate, that Mister, er, LAPIROU - Other than that I understand exactly what your worship said. KLEVSTAAT - Yes. Mister, er Hoser, you heard what I said, are you prepared to show the photographs to me now. HOSER - Yes, you can have these as exhibits. KLEVSTAAT - No I don't want to have them as exhibits, I just want you to show them to me. LAPIROW - Can I see them your worship. KLEVSTAAT - Well, I think I should see them first. HOSER - There you go. KLEVSTAAT - And you say that these are photographs taken by Mister "NAME SUPPRESSED" on the day. HOSER - Well, yep, he gave them to me, before he got put in clink. (5/110) PAUSE HOSER - No there's only three, they're just duplicates. KLEVSTAAT - Yes, would you like to have a look at those Mister Lapirow LAPIROW - Thank you your worship. VERY LONG PAUSE LAPIROW - I've seen them your worship. KLEVSTAAT - Yes, I think it would be, I think it would be remiss of me at this stage not to enter into the arena to some extent. LAPIROW - Yes your worship. KLEVSTAAT - Mister Schofield, would you go outside please just for a moment. Would you come back into the witness box please Mister Olsen. Um, perhaps you could just hand those photographs to my clerk. Yes. HOSER - Well I can ask some more questions now? KLEVSTAAT - No, I'm going to ask the questions I think Mister Hoser. HOSER - All right. KLEVSTAAT - Mister Olsen would you look at the first two photographs please. OLSEN - Um, yeh, I'm looking, KLEVSTAAT - Just a moment. PAUSE KLEVSTAAT - What do you say the first one shows? OLSEN - It shows Mister Ashton with his arms outstretched and Mister Hoser to his right. He seems to be coming from around him your worship. KLEVSTAAT - Yes, can you see yourself in the photograph? OLSEN - Just to the back I would say maybe fifteen feet at a guess. KLEVSTAAT - Yes. What do you say about your previous evidence, that Mister, er Ashton didn't raise his arms at any stage? OLSEN - Well, I think I said your worship I didn't see him raise his arms, and I still don't have a recollection of that, that was in November last year, the photo obviously shows that with his arms out, um, prior, I think if you had the snap or two before this photo you would see that Mister Hoser was directly in front of him at that stage. KLEVSTAAT - Yes. Yes. What about the other photograph, do you see anything there. OLSEN - Yes, Mister Ashton is in his car and he's appearing to drive away. KLEVSTAAT - Yes, thank you. Yes. OLSEN - Or preparing to drive away and in the third one he's driving away. KLEVSTAAT - Yes. Mister er, um, Mister Hoser, is there anything else you wanted to ask directly of this witness in relation to those photos. HOSER - Mister Olsen, in the first picture, you're certainly facing and looking directly at, sorry this picture here, this is the one, OLSEN - Ah yes, yep, HOSER - The one with Mister Ashton with raised arms, you're certainly facing directly towards the two of us, aren't you, looking straight ahead. OLSEN - Yes, yep. HOSER - Now you're certainly. Is there anything wrong with your eyes? OLSEN - No, no. HOSER - And you are a work colleague of Mister Ashton, certainly aren't you. OLSEN - Well we work for the same organisation, yes that's correct. HOSER - Right now, #*# (5/240) HOSER - Where's Mister Schofield standing in relation to you? OLSEN - At that stage he's probably ten feet behind me I would say. HOSER - Right. #*# (5/329) KLEVSTAAT - Yes you can leave the witness box and you are now again finally I hope Mister Olsen excused, would you call Mister Scofield back in please. PAUSE KLEVSTAAT - Yes, Mister Schofield, you've been sworn and you are still on oath, would you have a look at these three photographs please. PAUSE KLEVSTAAT - Earlier you gave evidence that you didn't see any raised arms at any stage, by Mister Ashton. What do you say about that having seen that photograph? SCHOFIELD - Well I still believe their not raised your worship, however I can't recall that position either, um I think I mentioned in my previous evidence that officer Ashton stepped back and to the left to get around him, whether that was in that process or not I'm not sure, but I can't recall him lifting his arms to that position, he certainly didn't raise them as Mister Hoser was intimating to me before. KLEVSTAAT - Yes, can you see yourself in any of those photographs. SCHOFIELD - No your worship. KLEVSTAAT - Well, there are three photographs there Mister Schofield. SCHOFIELD - Oh, this is the first one is it. SCHOFIELD - Yes, your worship, I can see myself now, I'm at the um, next to the tree at the rear of officer Olsen. SCHOFIELD - And that's officer Ashton driving off. KLEVSTAAT - Yes, well your clearly not side by side with Mister Olsen at that stage. SCHOFIELD - He's obscured by um, I said I was to officer Olsen's, er, officer Olsen was on my right, I can't see behind this, KLEVSTAAT - In the first photograph, but in the second photograph, your clearly not togeather. SCHOFIELD - Well that's correct your worship. (5/374) #*# (5/480) KLEVSTAAT - Yes can I have those three photographs back please, they'll be marked for identification, they'll be exhibit 'F' for identification. Yes, well that's the close of play today, your now excused again Mister er, hopefully for the final time Mister er, Schofield. Yes. (4/653) SCHOFIELD - Officer Ashton was probably five or six steps ahead of officer Olsen and myself, I believe officer Olsen was to my right, virtually shoulder to shoulder, and we were proceeding up Russell Street towards his car which was parked in Russell Street. Um, I then observed yourself in front of officer Ashton, I can't exactly tell where you came from um you stopped in front of officer Ashton forcing him to stop abruptly, officer Ashton then stepped back and to the left trying to avoid you and get around you. I think from memory you asked what the letter was about, and I believe to the best of my knowledge that officer Olsen spoke to you then and said that you should read the letter and it, that it was self explanatory. KLEVSTAAT - Who said this? SCHOFIELD - I believe officer Olsen did your worship, to the best of my ability. KLEVSTAAT - So that happenend outside. SCHOFIELD - That was outside on the footpath your worship. KLEVSTAAT - Thank you. HOSER - Now, I put, sorry, are you sure it was a monday and not a thursday. SCHOFIELD - Well I can't exactly what day it was, whether it was a Monday or Thursday, I thought it was a Monday, wasn't it the day before Cup day? HOSER - No. SCHOFIELD - Well whatever day it was. KLEVSTAAT - Does it matter Mister Hoser. HOSER - No, no, no, it's not a major point. #*# (4/724) HOSER - Do you recall any interdialogue between myself and Mister Ashton before he went into the clerk's office? SCHOFIELD - No. HOSER - Right. Does that mean there was or there wasn't or you don't recall. SCHOFIELD - I, I don't believe um, I don't believe officer Ashton was approached by you prior to his entry into the mention office. HOSER - Fine, thank you. I'll keep going, a few more quick questions. HOSER - You tend to work with Mister Olsen, #*# (4/742) HOSER - Did you see Mister Ashton at any stage hit me or punch me in any way, or, SCHOFIELD - In what location. HOSER - Outside the court. SCHOFIELD - No. HOSER - Did he ever raise his arms at me in any way. LAPIROU - No the question's been answered your worship hasn't it. KLEVSTAAT - No I don't think that one has. HOSER - No I didn't think it had either. SCHOFIELD - No, HOSER - You didn't see him raise his arms at me in any way. SCHOFIELD - No, to the best of my ability, officer Ashton took all evasive steps to get around being blocked by yourself. HOSER - So you reckon I was blocking him. SCHOFIELD - The way you tried to intercept him would not be the normal way to approach somebody. HOSER - Well tell me this, did I have raised arms to stop him, or how did I intercept him? SCHOFIELD - No, you just um, like I said, I can't remember where you came from, #*# (4/758) HOSER - Right, so he never raised his arms at me or nothing like that. SCHOFIELD - Nope. HOSER - Oh, right, so, as far as you're concerned. Now when all this occurred, er, when you walked out of the building with Olsen were you walking, er, now what was your position with him, were next to him, in front of him, behind him, or where were you. SCHOFIELD - I've previously said to you that ah, that I was about five to six steps behind Mister Ashton, along side Mister Olsen. HOSER - So you and Mister Olsen were definitely walking along as a pair. LAPIROU - Your worship I object to these questions because it's a cross examination. (5/062) HOSER - So if Mister Ashton had attacked me, you would have seen it. SCHOFIELD - Yes HOSER - Oh, I can't turn around and say I put it to you you're lieing, but I'd love to, ah, no further questions. LAPIROW - No cross examination your worship. KLEVSTAAT - Mister, er Schofield, just take a seat in the court for the moment. Mister Hoser, you say you have some photographs taken by Mister "NAME SUPPRESSED". HOSER - Yes. KLEVSTAAT - And is it your intention to tender those photographs in due course through Mister "NAME SUPPRESSED". HOSER - Yes. KLEVSTAAT - Subject to anything that either of you might wish to say, I think I should look at those photographs now to prevent any unfairness to either of the past, previous two witnesses, because if they purport to show something which is in conflict with what these witnesses are saying, then I think they should have an opportunity to comment on it. I appreciate Mister Lapirow that they should have been put in properly prior to Mister Hoser calling these two witnesses but I don't, I think as a question of fairness it shouldn't be left hanging as it were if they are tendered at a later date without these witnesses having an opportunity to comment on them. LAPIROU - Subject, KLEVSTAAT - Subject of course to the proper proof of the photographs. LAPIROU - The difficulty with all of this of course is that those rules apply for the defence witnesses, not with prosecution witnesses and the court must be careful, in not stepping into the arena in assisting somewhat the prosecution. KLEVSTAAT - I appreciate, that Mister, er, LAPIROU - Other than that I understand exactly what your worship said. KLEVSTAAT - Yes. Mister, er Hoser, you heard what I said, are you prepared to show the photographs to me now. HOSER - Yes, you can have these as exhibits. KLEVSTAAT - No I don't want to have them as exhibits, I just want you to show them to me. LAPIROW - Can I see them your worship. KLEVSTAAT - Well, I think I should see them first. HOSER - There you go. KLEVSTAAT - And you say that these are photographs taken by Mister "NAME SUPPRESSED" on the day. HOSER - Well, yep, he gave them to me, before he got put in clink. (5/110) PAUSE HOSER - No there's only three, they're just duplicates. KLEVSTAAT - Yes, would you like to have a look at those Mister Lapirow LAPIROW - Thank you your worship. VERY LONG PAUSE LAPIROW - I've seen them your worship. KLEVSTAAT - Yes, I think it would be, I think it would be remiss of me at this stage not to enter into the arena to some extent. LAPIROW - Yes your worship. KLEVSTAAT - Mister Schofield, would you go outside please just for a moment. Would you come back into the witness box please Mister Olsen. Um, perhaps you could just hand those photographs to my clerk. Yes. HOSER - Well I can ask some more questions now? KLEVSTAAT - No, I'm going to ask the questions I think Mister Hoser. HOSER - All right. KLEVSTAAT - Mister Olsen would you look at the first two photographs please. OLSEN - Um, yeh, I'm looking, KLEVSTAAT - Just a moment. PAUSE KLEVSTAAT - What do you say the first one shows? OLSEN - It shows Mister Ashton with his arms outstretched and Mister Hoser to his right. He seems to be coming from around him your worship. KLEVSTAAT - Yes, can you see yourself in the photograph? OLSEN - Just to the back I would say maybe fifteen feet at a guess. KLEVSTAAT - Yes. What do you say about your previous evidence, that Mister, er Ashton didn't raise his arms at any stage? OLSEN - Well, I think I said your worship I didn't see him raise his arms, and I still don't have a recollection of that, that was in November last year, the photo obviously shows that with his arms out, um, prior, I think if you had the snap or two before this photo you would see that Mister Hoser was directly in front of him at that stage. KLEVSTAAT - Yes. Yes. What about the other photograph, do you see anything there. OLSEN - Yes, Mister Ashton is in his car and he's appearing to drive away. KLEVSTAAT - Yes, thank you. Yes. OLSEN - Or preparing to drive away and in the third one he's driving away. KLEVSTAAT - Yes. Mister er, um, Mister Hoser, is there anything else you wanted to ask directly of this witness in relation to those photos. HOSER - Mister Olsen, in the first picture, you're certainly facing and looking directly at, sorry this picture here, this is the one, OLSEN - Ah yes, yep, HOSER - The one with Mister Ashton with raised arms, you're certainly facing directly towards the two of us, aren't you, looking straight ahead. OLSEN - Yes, yep. HOSER - Now you're certainly. Is there anything wrong with your eyes? OLSEN - No, no. HOSER - And you are a work colleague of Mister Ashton, certainly aren't you. OLSEN - Well we work for the same organisation, yes that's correct. HOSER - Right now, #*# (5/240) HOSER - Where's Mister Schofield standing in relation to you? OLSEN - At that stage he's probably ten feet behind me I would say. HOSER - Right. #*# (5/329) KLEVSTAAT - Yes you can leave the witness box and you are now again finally I hope Mister Olsen excused, would you call Mister Scofield back in please. PAUSE KLEVSTAAT - Yes, Mister Schofield, you've been sworn and you are still on oath, would you have a look at these three photographs please. PAUSE KLEVSTAAT - Earlier you gave evidence that you didn't see any raised arms at any stage, by Mister Ashton. What do you say about that having seen that photograph? SCHOFIELD - Well I still believe their not raised your worship, however I can't recall that position either, um I think I mentioned in my previous evidence that officer Ashton stepped back and to the left to get around him, whether that was in that process or not I'm not sure, but I can't recall him lifting his arms to that position, he certainly didn't raise them as Mister Hoser was intimating to me before. KLEVSTAAT - Yes, can you see yourself in any of those photographs. SCHOFIELD - No your worship. KLEVSTAAT - Well, there are three photographs there Mister Schofield. SCHOFIELD - Oh, this is the first one is it. SCHOFIELD - Yes, your worship, I can see myself now, I'm at the um, next to the tree at the rear of officer Olsen. SCHOFIELD - And that's officer Ashton driving off. KLEVSTAAT - Yes, well your clearly not side by side with Mister Olsen at that stage. SCHOFIELD - He's obscured by um, I said I was to officer Olsen's, er, officer Olsen was on my right, I can't see behind this, KLEVSTAAT - In the first photograph, but in the second photograph, your clearly not togeather. SCHOFIELD - Well that's correct your worship. (5/374) #*# (5/480) KLEVSTAAT - Yes can I have those three photographs back please, they'll be marked for identification, they'll be exhibit 'F' for identification. Yes, well that's the close of play today, your now excused again Mister er, hopefully for the final time Mister er, Schofield. Yes. €SRP8 HOSER - Right, Okay, in relation to the, and that's fair enough because I haven't given it to you, you know, so that's reasonable. "NAME SUPPRESSED" - A video would go well, wouldn't it. HOSER - Now in relation to Ashton, um, "NAME SUPPRESSED" - If there's one I'd be happy to see it. HOSER - No worries, now in relation to Ashton, um, he refused to give an interview as a result of legal advice, that's what you've been led to believe. O'SULLIVAN - His advice, well that's what I think, in terms of his legal advice, that at this stage he shouldn't, provide an interview, and also there is legal advice pending. HOSER - Now with legal advice, with the legal advice, is that from within the R T A, or, O'SULLIVAN - No, it's external, external advice. HOSER - It's external, all right. Okay, so er, well that's, that's good from our point of view. Now in relation to the, now see what my dilemma is in relation to this assault, it's happened, it's not the first time I've been assaulted, now your well aware, oh you might not be aware, because I know your only new. Early on last year around about April, I think, it was the seventh of April or there abouts, George Olsen, I'll just out a list out of my case BRIEFCASE TAKEN IN OFFICE , and er, I can give you the exact date, and a few bits and pieces there, um, George Olsen, O'SULLIVAN - He's the one that's in fact overseas, I understand. HOSER - George Olsen's overseas. O'SULLIVAN - Yeh, I think he's in Canada or something. HOSER - Is that where he came from? O'SULLIVAN - Mmm, I'm not sure, I think that he's American, but he's in Canada. HOSER - Right, Okay, George Olsen, twenty, I'll give you the exact date, right, seventh of the fourth eighty nine, George Olsen assaulted me, now I complained to the RTA. They told me to go jump basically. Um, I think the letter was sent to Stoney. IAN STONEY, THE RTA GENERAL MANAGER , ah, but very shortly after that I issued a summons, you know I had transcripts, witness, and I issued a summons Broadmeadows court, because it happened at the airport. Olsen pleaded not guilty. Now, what happened was, is the case never went on, because my solicitor supposedly arranged a deal with the RTA, that they'd stop harassing me if I dropped those charges TWO ASSAULT CHARGES , because they knew he'd done it. Now, I, I played my part of the bargain, and I dropped the charge, on Olsen, ah, and I've still been harassed ever since. Now, so I'm not terribly happy at that, because I lost a good opportunity to well have him convicted of something which he should have been convicted for. But one of the things, I don't bear malice against these guys, you know the guy's can stab me fifty times, and I'm still not going to hate them, you know, there just scum. Ah there's plenty of ratbags in the world, I can't stop them all. You know, that's, so I don't have malice against them. So in relation to the Ashton business, I've got ah, O'SULLIVAN - What Ashton business? HOSER - Melbourne Cup now, O'SULLIVAN - Melbourne cup now. HOSER - Assault right. Now in relation to Ashton, I'm in a situation where I've been assaulted, I know it. I've got the goods on the guy. Now how do, what would you suggest is the best way I proceed from this point on now, in relation to Ashton assaulting me, to get action against him, 'cause obviously he doesn't want action taken him, but he deserves it. O'SULLIVAN - Well, I mean, I'm assuming that when you say you've got the goods on him, that you, there is other evidence, I think you had some people there that, HOSER - Yeh, two friends, O'SULLIVAN - Oh, that's great. And my advice is, that you take legal advice as to, to what is the best solution, as possible. HOSER - Now, in relation to you, right, now in relation to you, I've got a tape recording in the car POINTING TO BRIEFCASE AND TAPE THAT IS VISIBLE of the incident, I've got the transcript, now, I'm not trying to be errratic to you or anything, now don't get me wrong. Now, I'm quite happy now to just sit here and play it to you and you can read it as I'm playing it. The exact incident. Where Ashton got me, and there's no, he actually says, I know, I say ah, your assaulting me and he says I know we are. So he's admitted it there and then. I'll play that to you now just so you know what, what I'm telling you isn't rubbish. "NAME SUPPRESSED" - Where do you want us to take it. To the supreme court. HOSER - Alan, alan, let me do the talking. "NAME SUPPRESSED" - We've had a gutful. This is corruption, HOSER - He's only new to the position, he's not "NAME SUPPRESSED" - This is the same as what happened in Queensland and did happen in Queensland, O'SULLIVAN - Well hold on, just hang on, just a moment, HOSER - Alan, Alan, let's just do the one thing at a time. O'SULLIVAN - Now unless you've got a whole lot of evidence, including the evidence that you've just, HOSER - We'll just stic , do the one thing at a time. O'SULLIVAN - But I'm not party to it. HOSER - He's not party to it yet. O'SULLIVAN - Well what do you want me to do. You want me to make a decision on the evidence that's put foreward or don't you. HOSER - He's got to, he's got to play carefully, look let's just, one at a time "NAME SUPPRESSED" - MUMBLING HOSER - Alan I'm in the same boat as you. Now in relation to this, do you want me to play it to you, so you know that I'm not. O'SULLIVAN - Why didn't you play it to Peter Bell? HOSER - Deliberately. I'll tell you, O'SULLIVAN - Why? HOSER - I'll tell you why. O'SULLIVAN - You know I've got a difficulty. HOSER - Yeh, O'SULLIVAN - Let me tell you what my difficulty is in all this. O'SULLIVAN - I have to have the investigation which is the hearing of evidence, done by others, because I'm the person who has to in fact take the disciplinary action at the end of the day. HOSER - Sure, O'SULLIVAN - In a sense I'm the judge. HOSER - Sure, O'SULLIVAN - All right. HOSER - I'll tell you why, O'SULLIVAN - I'm the jury and the judge, SIMULTANEOUS BELOW HOSER - I never gave it to you, sure, I'll tell you why I never gave it to Peter Bell. Not, no disrespect to him either, 'cause as I said, you know, O'SULLIVAN - What can. I'll tell you what. If you like, if your not happy with the, HOSER - No, one of the reasons I did it, O'SULLIVAN - You keep going. I mean, there's another way out of all this. HOSER - Sure. One of the reasons why I didn't give it to him, is cause I wanted Ashton, basically what I've done is I've stuck a, I've stuck the accusation to Ashton, via yourselves. I've stuck the accusation to Ashton, and I said Ashton, did you assault me or did you not? Now if Ashton was an honest man, he would have said yes, I assaulted me. If he's a dishonest man he would say, no I didn't assault you. Now you can see that from the investigations you've done, he has said no I didn't assault him. Which, O'SULLIVAN - No he didn't, no he said nothing, HOSER - He said nothing which, O'SULLIVAN - He said nothing, HOSER - Okay, but the other guys, his offsiders, his mates, said O'SULLIVAN - We saw nothing. HOSER - Bas, we saw nothing, and yet I know there was six of them there. O'SULLIVAN - Mmm. HOSER - So, basically, what I, what I have shown is, no fewer, well I know of six of them there, you might have got evidence from more. What I have shown by doing it this way now. Now whether it's the right way to go about it or not, is that there's at least six guys in that enforcement branch who are up to trouble. O'SULLIVAN - I'm sorry, you mean? HOSER - Who are up to trouble. Who are basically telling lies or things that are not neccessarily true to cover up their man. O'SULLIVAN - Yeh. So I mean, what your saying. All right, I accept what you say. But are we now going to have a situation where you, you make available other evidence? HOSER - Well, oh, okay, okay, now, "NAME SUPPRESSED" - What do you want, what are you gonna do with it? SIMULTANEOUS BELOW HOSER - Now the next step, excuse me, yeh now the next step, okay, we'll just switch from this subject for a minute. O'SULLIVAN - Well, well talk to me about, HOSER - The one case, the one case, Ashton. "NAME SUPPRESSED" - Well I've got a tape recording of Ashton beating me. O'SULLIVAN - We'll, look at the Melbourne Cup incident, at the moment. HOSER - Anyway, we'll just stick with the one. We'll stick with one. Now the, there, we'll just switch away from that for a minute. Next, O'SULLIVAN - Let's not, let's not, let's just ... HOSER - Like the six REFERRING TO THE SIX RTA OFFICERS WHO ASSAULTED HOSER ON 07/11/89 "NAME SUPPRESSED" - They're better here. They are better at doing it here than in Queensland. Much, much better, much better. They're efficient. O'SULLIVAN - Well Alan, let's get back to the question. What it was, HOSER - Alan, SIMULTANEOUS BELOW "NAME SUPPRESSED" - Now, okay, I, after, after, after the court case next week, I've got another one, where they're gonna, the police are gonna try to take my licence, and I know that the police are in, their talking to the RTA about it. HOSER - Without doubt, there's no disputing that. "NAME SUPPRESSED" - And I was driving a car that only showed eighty on the clock, and I was doing a hundred and I didn't know. And I had to, I had to go and drive that bloody heap of shit, and that heap of shit, HOSER - Watch the french, "NAME SUPPRESSED" - wasn't even checked, checked out down at ah, Port Melbourne when I took it in on a Monday morning, and I said here's a car, it's got a hot meter, it's got a hot speedo. Test it, and I've got the documents from the RTA, I've got the documents from the dash instrument service. HOSER - Well you've got nothing to worry about, have you? "NAME SUPPRESSED" - Of course I've got things to worry about, I've got, been doing HOSER - He's got heaps to worry about, SIMULTANEOUS BELOW "NAME SUPPRESSED" - A hundred in a, in a sixty zone. Been doing a hundred O'SULLIVAN - No, no, no, no, you must obviously have the critical evidence, ... "NAME SUPPRESSED" - So, so what, we know, Philip and I know, the magistrates, HOSER - That the magistrates, the magistrate's are no good either. They're all on the take and God knows what, presumably on the take. SIMULTANEOUS BELOW "NAME SUPPRESSED" - There's some magistrates, that we think very highly that are taking, their corrupt. HOSER - Whether their being spoken to or money changing hands, they are certainly not straight. "NAME SUPPRESSED" - Whether there's money, money, yeh, SIMULTANEOUS ABOVE "NAME SUPPRESSED" - And that is the element of real corruption. HOSER - Which is, that's where the problem is. The problem with us guys is not only have we got crooked public servants, but the legal system itself is so bent, that we can't even go to court and get a fair trial. Just, Alan can have the floor, as soon as I just finish this one thing. HOSER - In relation to the tying the two matters togeather, O'SULLIVAN - Yeh, HOSER - In relation to the ah, ah, the, the court business, where do I stand in relation to the RTA trying to take my licence, my, you know, my, like, it's bread and butter here. Where is, in relation to my, O'SULLIVAN - I honestly don't know, I mean I, what I'm, what your asking me for is, concievably at the conclusion of the court procedures waht's it next Monday or whatever, however long it will take, HOSER - Some sort of guarantee that somewhere along the line I will get my licence. O'SULLIVAN - Yeh, you will get your licence if you win, if your successful. Are you asking me whether or not there are, there's other cases pending or other issues pending which would result in us if you like, simply ... HOSER - Or they will bring up other issues to try and take my income from me again. O'SULLIVAN - I don't know. I honestly don't know the answer to that. "NAME SUPPRESSED" - I know. HOSER - Could you please find that out. O'SULLIVAN - Why don't you just, just talk to the prosecutions people? HOSER - They don't wanna talk to me. Yeh actually, I have rung them in the past and, and as soon as you say your name is Hoser 'Psch' MOVEMENT MADE TO SHOW HANGING UP OF TELEPHONE They hung up on that. LAUGHING HOSER - Kew Police, As soon as I ring them up. As soon as you say your name's Hoser, they 'Psch' MOVEMENT TO SHOW HANGING UP OF TELEPHONE They, they don't, O'SULLIVAN - Change your name to Smith or something. HOSER - Well, you know, that's, that's half my problem isn't it. In New South Wales, "NAME SUPPRESSED" - Well he changed his name to Philip from Raymond, and you know he's in the shit for it. SIMULTANEOUS BELOW HOSER - Yeh, this is, this is the reptile book. I was, I was in involved in exposing wildlife smugg, O'SULLIVAN - Show us the reptile book, HOSER - I was involved in exp, O'SULLIVAN - I've heard about this reptile book. "NAME SUPPRESSED" - Show him the reptile book, SIMULTANEOUS BELOW HOSER - Actually look, I'll just, look, I'd rather with that and go straight on and I'll, O'SULLIVAN - Let's just, discuss, which I want to discuss with you hopefully is SIMULTANEOUS ABOVE O'SULLIVAN - Is, is, is, um, another and I think fairly serious matter which you are a visiting, in relation to me, which is the forced entry by a couple of our people. HOSER - Oh yeh, here's the pictures. O'SULLIVAN - Yeh, HOSER - Here we go. O'SULLIVAN - Give us a look. HOSER - You can have a look, but you can't have them. O'SULLIVAN - Can I look at these? HOSER - Yeh sure, you can have a look at all of them, ah I want them back of course, but ah, that's, er, if I take them out, just quickly, that's as not as major an issue as the assault and the court on Monday. O'SULLIVAN - It's an issue here for me, HOSER - In that it can wait a week without the world coming to an end. Um, O'SULLIVAN - Now to your knowledge, HOSER - See that's inside the house. They nearly died when I took their photo. "NAME SUPPRESSED" - I was taking to Philip on the phone when that happened. HOSER - He was talking to me on the phone when it happened. "NAME SUPPRESSED" - It happened on the phone. I heard, all the sudden Philip said hold on, and I thought, O'SULLIVAN - Who's this guy, Philip Hoser, "NAME SUPPRESSED" - Yeh, Philip, I thought the police had broken in on, HOSER - And then I actually said to him, your tresspassing, O'SULLIVAN - That's right, "NAME SUPPRESSED" - And I could hear on the phone, I could hear voices, and high, you know, HOSER - Now oddly enough, I said to Perry your tresspassing and he said words to the effect of, I don't have the transcript in front of me, he said words to the effect of, you don't mind me swearing do you. O'SULLIVAN - No, no, no, HOSER - He said, I don't give a shit what, what the law is. "NAME SUPPRESSED" - That's me REFERRING TO PHOTO TAKEN OF HIM THAT O'SULLIVAN WAS LOOKING AT HOSER - He said, that's just a sign at the airport, "NAME SUPPRESSED" - The sign is still there SIMULTANEOUS ABOVE HOSER - Those signs at the airport, they are antique, allow us to take skybus people, O'SULLIVAN - It's not the best photo of you Alan, ... HOSER - But the, the thing is Perry said words to the effect of I don't give a shit. O'SULLIVAN - What car is this? LOOKING AT ANOTHER PHOTO HOSER - Oh that's the unroadworthy car. I think you've seen that haven't you? O'SULLIVAN - No, no, you told me about all this, your shots of these, HOSER - Ah, now, this, this, in there's Ashton and Olsen and er, you don't know the name of that man there? REFERRING TO PHOTO/S TAKEN ON 7/11/89 O'SULLIVAN - No, I just know the front one. Len Hodgekens is not there. He's not in those photos. "NAME SUPPRESSED" - No, he's not on them, I know Len Hodgekens. HOSER - Oh, Len Hodgekens would be the one with the hat then. He's presumably the man with the hat. Is he a tallish sort of a bloke? O'SULLIVAN - Yeh, a tallish sort of chap. HOSER - Yeh, I think I know the man. HOSER - Um, you don't know any of those other guys other than Olsen and Ashton. O'SULLIVAN - No, I don't know about them. HOSER - Now, I'll just show you, this is the photo, he was having a go at the cab driver there, ..., he was having a go here, O'SULLIVAN - Is this the outside of your house? NOW LOOKING AT PHOTOS OF PERRY AND OFFSIDER IN HOSER'S HOUSE TAKEN ON 30/11/89 "NAME SUPPRESSED" - That's inside. HOSER - That's inside. O'SULLIVAN - And what's behind those glass there, what? HOSER - Just behind this, there's a drop, there's a drop, "NAME SUPPRESSED" - Outside the house SIMULTANEOUS ABOVE O'SULLIVAN - And that's just a reflection of the paving on the window? HOSER - Yeh, and that's the front door over there. I took that photo, O'SULLIVAN - The front window's in that, the next panel down? HOSER - No that's the front door there. O'SULLIVAN - He's standing right in front of the front door. HOSER - Yeh, and what happened was, is I, er took that one, I O'SULLIVAN - They were definitely in the house in the photo? HOSER - Oh yeh, "NAME SUPPRESSED" - Oh yeh, IN CONCERT WITH ABOVE SIMULTANEOUS ABOVE HOSER - Yeh, yeh, yeh in the house, in the house, "NAME SUPPRESSED" - Yeh, your welcome to go up to where Philip lives and have a look. HOSER - LAUGHING No your not welcome to go, but you can er, let me show you. HOSER - One, two, three, four, five, I don't like doing this cause like obviously this could be treated as an act of hostility. O'SULLIVAN - Why you saying that? HOSER - I've got to do it on someone, "NAME SUPPRESSED" - Your a member of the RTA, therefore you can ah, give it to the right and appropriate person. HOSER - This is the, this is the s, ... "NAME SUPPRESSED" - By law er your allowed to do that, O'SULLIVAN - It's all right, I'm, I'm quite happy to accept all the bits of paper. HOSER - You must, you do that, I hate them. O'SULLIVAN - Is this a photostat of this. HOSER - Yes that, that's a photostat of that. Um, O'SULLIVAN HAS NOW TAKEN SEVEN RTA SUBPOENAS FOR THE FOLLOWING MONDAY, MONDAY 15/01/90 AT MELBOURNE MAGISTRATE'S COURT. SUBPOENA'S FOR PERRY, ASHTON, OLSEN, MONCRIEF, BOWMAN, DECKER, AND SCHOFIELD O'SULLIVAN - Right, said, I'd promise you that I'd put a cease to that, so I am, I will be. If it's legitimate it's legitimate, if it's not legitimate "NAME SUPPRESSED" - It's not legitimate. O'SULLIVAN - Then it will be scrapped AGAIN REFERRING TO "NAME SUPPRESSED"'S ACCOUNT STATEMENT HOSER - Yeh, so anyway in relation to the, "NAME SUPPRESSED" - MUMBLING O'SULLIVAN - Well I mean, I'm, I'm quite happy, "NAME SUPPRESSED" - ... Judge Hogg made no determination on costs. O'SULLIVAN - Yes. That's Okay, I accept what your saying. HOSER - There, look, they, they don't flinch CONTINUES SPEAKING HERE THIS TAPE AND MEETING RUN FOR ABOUT 200 UNITS ON A SHARP GF-6000 TAPE RECORDER (LARGE TAPE) AND THAT INCLUDES THE TERMINATION OF THE MEETING AND HOSER AND "NAME SUPPRESSED" LEAVING THE RTA BUILDING AND ESTABLISHING THE TERMINATION TIME OF THE INTERVIEW AND TAPE THE CONVERSATION REVOLVES AROUND HOW RTA OFFICIALS WASTE MONEY IN THEIR BID TO HARASS HOSER AND "NAME SUPPRESSED", THE NEED FOR EXTRA TAXI PLATES ("NAME SUPPRESSED"'S CONVERSATION ONLY), THE TRAM STRIKE ("NAME SUPPRESSED" ONLY), CORRUPTION ELSEWHERE AND IN THE RTA ("NAME SUPPRESSED" ONLY), AND A FEW MINOR TOPICS INCLUDING REPEATING SOME OF THE EARLIER MATERIAL END OF THIS TRANSCRIPT €SRP30 HOSER - One, two, three, four, five, I don't like doing this cause like obviously this could be treated as an act of hostility. O'SULLIVAN - Why you saying that? HOSER - I've got to do it on someone, "NAME SUPPRESSED" - Your a member of the RTA, therefore you can ah, give it to the right and appropriate person. HOSER - This is the, this is the s, ... "NAME SUPPRESSED" - By law er your allowed to do that, O'SULLIVAN - It's all right, I'm, I'm quite happy to accept all the bits of paper. HOSER - You must, you do that, I hate them. O'SULLIVAN - Is this a photostat of this. HOSER - Yes that, that's a photostat of that. Um, O'SULLIVAN HAS NOW TAKEN SEVEN RTA SUBPOENAS FOR THE FOLLOWING MONDAY, MONDAY 15/01/90 AT MELBOURNE MAGISTRATE'S COURT. SUBPOENA'S FOR PERRY, ASHTON, OLSEN, MONCRIEF, BOWMAN, DECKER, AND SCHOFIELD O'SULLIVAN - Right, said, I'd promise you that I'd put a cease to that, so I am, I will be. If it's legitimate it's legitimate, if it's not legitimate "NAME SUPPRESSED" - It's not legitimate. O'SULLIVAN - Then it will be scrapped AGAIN REFERRING TO "NAME SUPPRESSED"'S ACCOUNT STATEMENT HOSER - Yeh, so anyway in relation to the, "NAME SUPPRESSED" - MUMBLING O'SULLIVAN - Well I mean, I'm, I'm quite happy, "NAME SUPPRESSED" - ... Judge Hogg made no determination on costs. O'SULLIVAN - Yes. That's Okay, I accept what your saying. HOSER - There, look, they, they don't flinch CONTINUES SPEAKING HERE THIS TAPE AND MEETING RUN FOR ABOUT 200 UNITS ON A SHARP GF-6000 TAPE RECORDER (LARGE TAPE) AND THAT INCLUDES THE TERMINATION OF THE MEETING AND HOSER AND "NAME SUPPRESSED" LEAVING THE RTA BUILDING AND ESTABLISHING THE TERMINATION TIME OF THE INTERVIEW AND TAPE THE CONVERSATION REVOLVES AROUND HOW RTA OFFICIALS WASTE MONEY IN THEIR BID TO HARASS HOSER AND "NAME SUPPRESSED", THE NEED FOR EXTRA TAXI PLATES ("NAME SUPPRESSED"'S CONVERSATION ONLY), THE TRAM STRIKE ("NAME SUPPRESSED" ONLY), CORRUPTION ELSEWHERE AND IN THE RTA ("NAME SUPPRESSED" ONLY), AND A FEW MINOR TOPICS INCLUDING REPEATING SOME OF THE EARLIER MATERIAL END OF THIS TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION BETWEEN THE FOLLOWING TWO PEOPLE, RAYMOND HOSER AND MICHAEL SCHOOLEY, EX - CUSTOMS OFFICER. TRANSCRIPT IS DATED, 11/3/92 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE BY PLACING A TAPE RECORDER NEXT TO PHONE. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. KEY. HOSER = RAYMOND HOSER SCHOOLEY = MICHAEL SCHOOLEY TRANSCRIPT STARTS NOW SCHOOLEY WAS INVOLVED IN BUST IN NTH QLD INVOLVING TREVOR RHYS VOLKMANN AND SCHMIDT AND OTHERS AND HOW CASE WAS LOST (1/259) SCHOOLEY - It's just that I felt that I wanted to get out. And I thought that, HOSER - What that was because there were too many guys covering them up. SCHOOLEY - Well there was too much bloody, there was the Volkman thing and then eventually the people that er, came into our section from the Narcotics bureau well one ended up being charged for heroin in footballs because I couldn't understand why if your a good narcotics agent, why you aren't taken. Like the federal police took over the narcotics bureau, HOSER - Right, SCHOOLEY - And ah, they took all the staff except for, I think it was three blokes they wouldn't take. So instead of saying we think these blokes are crooked or whatever, their put into our section. HOSER - Oh right. SCHOOLEY - One gets charged after I left with bringing Heroin in footballs, the other one was er charged, but it never came to court at all, well when it did come before the court the magistrate um, said it had taken too long to get before the court. HOSER - What was this one. What was he charged with. SCHOOLEY - Well, you know, you may have heard of a girl called Susan Huckstep. HOSER - A prostitute. SCHOOLEY - Yeh, who was found with a needle stuck in her arm in Centennial park. HOSER - Oh right and she was and the customs bloke was that Marzol, SCHOOLEY - Yeh, HOSER - Right. SCHOOLEY - Yeh well he was up on perjury charges. HOSER - And what about Spencer, who was Spencer? SCHOOLEY - Ah and he was his mate. HOSER - So that makes the threesome. SCHOOLEY - Yeh, yeh, HOSER - Jesus, I could tell you some stories about Marzol. SCHOOLEY - Oh well I know a lot, because I was with him when he first came in the job because he was an alcoholic. HOSER - Right. SCHOOLEY - And we used to have to lock him away at the airport he was so bad. HOSER - So, SCHOOLEY - But anyway that's by the way, and ah, so internal affairs came out to try and, because somebody started leaking all this information to the press and naturally they started pointing the finger at me, and, HOSER - And now why were they after you? Because you were straight and they weren't and they wanted you out of the way? SCHOOLEY - No, no, no, it was because I was so annoyed and made it quite vocal at the time, that that I was, one of the officers involved in the investigation and unbeknown to me and without any consultation all the stuff was being released back to the bloke PRINTED MATERIAL . HOSER - Right. SCHOOLEY - See, normally I like, if you'd seized the stuff and I was the senior officer I'd call you into the office and say look there's nothing we can do with this bloke we've gotta give the stuff back. HOSER - And at least you'd know. SCHOOLEY - That's it, and that's done. Well you discuss it out all the why's and wherefores, but this was all done without anybody's knowledge. HOSER - Oh right. SCHOOLEY - And nobody could tell me who gave the real order for it all to be released. HOSER - Oh right. SCHOOLEY - Cause the interesting thing with this child pornography, some of it, was child pornography and quite bad stuff. HOSER - Now tell me, who was the one that was charged with the stuff in the footballs. SCHOOLEY - Ah, he's an ex pommie customs officer, he's still in jail now. And he lived at Gosford and he was involved in greyhounds. And I can't I honestly can't remember his name. HOSER - But Marzol, the only thing he was actually, the only thing he was actually ever charged with was this er perjury thing. SCHOOLEY - Oh yeh, oh yeh. HOSER - But was he ever charged with anything else as well or not. SCHOOLEY - No, as far as I know anyway. HOSER - No, SCHOOLEY - But he, the, because I still belong to the customs department credit union, HOSER - Oh right, SCHOOLEY - And um, the bloke who was in charge of it has now left there but um, he phoned me up one day and said if your in Sydney call in my office, I've got something to show you and you can have it, and he threw on the counter this retired officer's book and there's Marzol listed of unfortunately had to leave the department er with great, it was sad to see him go such fine upstanding officer and all this crap, and he was allowed to go out on sickness so he's on a pension probably. HOSER - So he went out on full sickness benefits. SCHOOLEY - Yeh. HOSER - Did he leave because of the charge. SCHOOLEY - Well I'd say so. I'd say. HOSER - Jesus. SCHOOLEY - Well let's put it this way, he went off sick and never ever came back. HOSER - Because he's working as a private police invest, er, I'm not sure of the exact terminology that he used, something to the effect of private investigator or something now, that was the last I heard. SCHOOLEY - Oh right. HOSER - But I've only gone from things in the press that you see, and er, that case was followed by all the journos were following it. SCHOOLEY - Yeh I know the one in Sydney unfortunately died, he was pretty keen on it, um on radio 2GB and he wasn't happy with the whole thing at all and he passed away, had a massive heart attack. HOSER - So as far as, so basically as far as your leaving customs there's nothing really in there, I'm just trying to establish. SCHOOLEY - Oh no, no, don't worry about all that, I'm just giving you the background. HOSER - Sure. SCHOOLEY - I also, When the internal affairs and we started talking, I then got into the Maddison bit and you know what was going on and um, HOSER - Who was Maddison? SCHOOLEY - Joe Maddison. HOSER - Who's he. SCHOOLEY - You know Joe Maddison, HOSER - Refresh me, I might know. SCHOOLEY - Woolongong. HOSER - What did he die of? I don't know? SCHOOLEY - A tractor rolled onto him. SCHOOLEY - A bulldozer. HOSER - Who was Joe Maddison? SCHOOLEY - Well he was a double agent. HOSER - What he was a customs bloke and a crook or somwething. SCHOOLEY - Yeh, well he was an informer. HOSER - Oh he was an informer for Customs, he wasn't actually customs. SCHOOLEY - Yeh. HOSER - Oh right. And he was informing on the smuggling racket, and the next thing he knows he gets the tractor on him, something to that effect. SCHOOLEY - Oh, no, no, no, it was a genuine accident, I'm pretty confident, a lot of people added the bit he'd been killed, no, no, HOSER - Oh no, I didn't know him. SCHOOLEY - Well he's the kng pin of them all. (1/364) HOSER - Oh right, no I didn't. SCHOOLEY - If you missed him you missed the juice. HOSER - Oh. LAUGHTER I haven't heard of him. Like there's a lot of people and names and so on. SCHOOLEY - Oh heaps. HOSER - Like even now. #*# (1/474) SCHOOLEY - They got bigger and bigger those situations that was the problem. It got out of hand and then informants began running the department, and it's only if your a trained, it should never have happened. And if you've got an informant you should control the informant and the informant doesn't control you. (1/551) HOSER - So Clive Bennett, he caught a ranger, he caught one of the enforcement blokes trapping birds in Kurringai Chase or something didn't he? SCHOOLEY - Ah, I don't know, but he, he was a bloke who was a go getter, not like he was loyal to his job, ah and they ended up chucking him out in the wilderness somewhere, HOSER - Because he was in the way. SCHOOLEY - Yep, yep, Because he was one of the few blokes, because I went on the raid with him so I know it's fact, er that he nailed Alan Parmenter a bird dealer in Sydney, and everybody else had been either frightened of him or all the excuses under the sun why they shouldn't touch him. So, HOSER - Parmenter? SCHOOLEY - Yeh, HOSER - Oh, so the wildlife people hadn't touched him and Clive Bennett thought F U C K this I'm going to get him and he got him. SCHOOLEY - Yeh, but he never went to court, or it went to court but they didn't win the case or something, I can't remember now what it was. HOSER - And then they sent him out the sticks. SCHOOLEY - Well, yeh, yeh, overzealous officer. HOSER - Jesus, so, it was, the corruption was basically right through. SCHOOLEY - It, it, people are naive enough to think... #*# (579) SCHOOLEY - But it's just one of those things, you've just got to keep on and on and on until you do suddenly crack it and when we started cracking the real good cases we became a bloody nuicance. And we had to fight for our existence. Because we used to just go into work, sign on and go straight out, we'd be trying to drum up work or get work or whatever and we became the bad boys because of that. HOSER - Right, SCHOOLEY - Other blokes would be sitting there reading the newspapers and having a chat and a cup of tea, and the boss would say 'Oh look can't you get them some work', I said 'I'm not going out drumming up for them', HOSER - Sure, SCHOOLEY - They've got to get out and get in the field themselves, HOSER - Sure, SCHOOLEY - So, you know that's a form of corruption, not a monetary one, (1/587) HOSER - Yep, SCHOOLEY - A form of corruption, HOSER - But don't they have to bust people to justify their existence? SCHOOLEY - No, no this is it. It's all dollied up, I said to Charles, I was asked once to um, give a full rundown of our activities for the year, seizures, ah operations and all this sort of thing, and I phoned up Canberra and I said look I've been asked by the chief, chief inspector I think it was of the Narcotics bureau to supply a list of all the seizures for the year, so he said to me 'well you do it', I said 'I'm not the senior officer', and he said 'Look you do it, but flower it right up, you know, make it big, you know', I just put the phone down and thought no bloody way in the world am I going to do that, and I wrote out the true list and it was a good job I did, because the bloke was an ex-copper and he knew what bloody really goes on and he just said to me ah, well what case was that, and when was that and how did it happen and what did you need and he was able, I was able to answer every question he had. So, you know, HOSER - God Almighty, SCHOOLEY - Not fair dinkum. HOSER - Look it's not just your section, all the government's like that. SCHOOLEY - Yeh, HOSER - Every single part of government, it's unbelievable, SCHOOLEY - Yeh. #*# (625) HOSER - ... and then of course when it came to court they had no evidence, so that was the end of it, but it was reported in the media of course that he was on these charges of threat to kill, but when he got off those charges, no nothing in the media, SCHOOLEY - Yeh, HOSER - The whole thing was just over the top, SCHOOLEY - Well that's right, because what they said to me when I told them, when they was doing the internal affairs were er questioning us at the end, on the second day I think it was, and I told them I was leaving and I committed myself because I was buying a shop and um, they said to me you should reconsider you know we'd like you to stay and one thing and another, and I said no it's too late, er, and ah, they said well would you give us an undertaking and I said what's that, and he said that you won't go to the press with all this information, and I said, well I just wanted to get out, you know, I just wanted to call it a day, but actually it was the worst thing I did, HOSER - Oh so you gave an undertaking not to go to the press, SCHOOLEY - Yes, HOSER - Oh shit, SCHOOLEY - Yeh, SCHOOLEY - It doesn't matter, but um, the thing was where it hurt the most was for years, well right up until recently, I mean we're talking about ten years ago now, HOSER - When did you actually leave er, the customs, SCHOOLEY - In, I think it's eleven years ago now. HOSER - Eighty one, SCHOOLEY - Yeh, something like that. #*# (1/660) SCHOOLEY - Once your tarred, it sticks to you. €DH/11.10.85/LETTER OF 11.10.85/PAGE |P/ €SRP1 RAYMOND T. HOSER 11th October 1985. 170 LAWSON STREET REDFERN,N.S.W. 2016 AUSTRALIA. PHONE:(02)698-3807 Dear friend,Colleague,Associate, I have been transferred at short notice to Victoria by my current employer.As you will no doubt appreciate,I have been very busy over the last few months. Because of this move,I will be somewhat elusive,over the next few weeks.Please bear with me over this period. Initially my computer,and most other facilities will remain in Sydney.Once I have moved these to Victoria,I will be able to catch up on all overdue correspondence,bills,etc. I will be making regular visits to Sydney over the next twelve months so that I will be able to continue all business here. (THE TRANSFER WAS INITIATED BY MYSELF,DUE TO MY GETTING SICK AND TIRED OF THE GESTAPO LIKE HARASSMENT BY NPWS OFFICIALS AND THEIR CRONIES). Thanking you for all assistances rendered, Yours sincerely Raymond Hoser. LETTER TO ARRESTING POLICE IF ANY ON 14/12/89 P. J. Hoser, 41 Village Ave, Dec 14th, 1989 Doncaster, Vic, 3108, Australia. Dear Policeman or whom it may concern, Enquiries with Kew police on 13/12/89 revealed no warrents for my arrest outstanding under any of the three following names; I am known under the following names; RAYMOND HOSER PHILIP HOSER ADDER Warrents numbered 379/890831/005072023 and 379/235/5072 have both been paid. Senior constable Craig Tepper of Heidelberg police will confirm likewise. YOURS SINCERELY. YOURS SINCERELY TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER) AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, 13/9/90 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE RTA HEADQUARTERS ON OR AROUND THE THIRD FLOOR OF THE RTA BUILDING, IN OR AROUND MR. O'SULLIVAN'S OFFICE MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION TOOK PLACE FOR AN ESTIMATED 35 MINUTES AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. KEY. HOSER = HOSER DAVID = DAVID O'SULLIVAN TRANSCRIPT STARTS NOW HOSER - Well, the actual, the actual management side of the whole RTA isn't, I don't see as the problem as such. I see the problem as such as lack of, ah, lack of mechanisms with which to tackle misconduct and corruption. Which are like, misconduct is usually regarded as a lesser form of the two. DAVID - I think that the difficulty is always, the er,... HOSER - Oh, their not. DAVID - No. The mechanisms are there, but what I'm saying is the difficulty is, but the difficulty that I must face in my view is just simply that at the end of the day in a lot of these issues, it's simply one person's word against another's. HOSER - Fine, and when it's one person's word against another, it's very difficult. DAVID - Mmm, but not neccessarily in disputation of the facts, often in the disputation of the motivation that's led to the events. HOSER - Well, that's fine, O'SULLIVAN - Well this is the case from our point. O'SULLIVAN - But nobody disputes the facts. The facts are there! HOSER - If the facts are there they should go before a magistrate. O'SULLIVAN - Well, I mean, that's still an option I've given you, but I'm telling you that from my position there is no basis in which to proceed. HOSER - See, because the only thing your saying is the motivaton was there for him to assault you, because of some previous action done by myself, that's essentially what your saying. HOSER - Now, DAVID - No, I'm saying, I'm saying the motivation which led to both your behaviour and his behaviour, HOSER - What was my behaviour? Trying to run away? DAVID - No, no. Your behaviour in generally taking the photographs. HOSER - Taking a photo. DAVID - Being there, I'm not criticising your behaviour. Now don't get me wrong. But there's no, there's no um, there's nothing on tape and there's nothing on paper which tells me what people were thinking at the time. HOSER - Sure. DAVID - And that's my prelude. HOSER - Sure, when one goes to court... DAVID - And when you end up at the end of the day, you've just got to make up your mind. HOSER - Sure. When you, DAVID - It's not an issue of whose telling the truth and whose not telling the truth, but what, what really transpired between the people. HOSER - Sure, when you go to court, I don't know how familiar you are with court procedures. DAVID - Not very, HOSER - Right, well when, when, DAVID - Rarely. HOSER - Right, well when you go, having been in trouble before courts a few times, when you go before the court, what a person's thinking is totally irrelevant, they only want to know what happened. DAVID - Yes. HOSER - And like for example, when, when I went to court against Miss O'Shannessy, and she tried to make me out to be a terrible man, and she was sitting there saying, well I think mister Hoser might do this, and I think Mister Hoser might do that and someone turned around and said, well we're not concerned with what you thought he did, we're concerned with what he actually did. And, DAVID - And? HOSER - Well, whether, whether er Ashton thought I was like-er, the devil re-incarnated, which is highly unlikely because that's more likely what he is, but whether Mister Ashton thought, whatever I was, it can't be relevant. And certainly having one's photo taken and er, being er, and then going, just flipping your lid basically. See it's not the first time he's gone and done that. And, more importantly, Okay, I believe everyone should be under, subject to only one law, so, someone whose empowered with public trust whose in a position of responsibility such as enforcement, inverted commers should be squiekier clean than the rest of us. So whereas if Joe Smith down the pub flips his lid, and has, goes a piece of someone, I don't think he should be treated with the same urgency as someone in a power of enforcement who actually has to stop other people from flipping their lid. They should be more cool, calm and collected than the rest! And Ashton actually has a history of flipping his lid, because he's apparantly had problems with "NAME SUPPRESSED". DAVID - Mmm, mm. HOSER - So, I don't know the details of it, but "NAME SUPPRESSED" told me at Richmond or Abbotsford or somewhere over there, I don't know the story, but apparantly Ashton tried to beat him up, push him out of the house or something. I don't know the details, All I know is, according to "NAME SUPPRESSED", and this is "NAME SUPPRESSED"'s word against Ashton's, I haven't heard Ashton's side of the story, that Ashton flipped his lid. HOSER - Now, as a person who wasn't there at the time, but who has seen Ashton flip his lid on at least one occasion I can sit here quite calmly and say well, out of the two I know who I'd rather believe. HOSER - Which is again a problem which you've got to come up against, which is to decide. But Okay, the main things is, is if you could basically run through the things that are covered in here HOSER HOLDS UP A DUPLICATE PILE OF ALL LETTERS SENT TO DAVID O'SULLIVAN BY HIMSELF TO DATE DAVID - Is that those things that haven't been covered in here REFERRING TO A LETTER OF ONE PAGE HE HAD GIVEN HOSER ON THAT DATE , HOSER - The missing links DAVID - MUMBLING. TAPE TRANSCRIPT OF COURT CASE ON 14/3/91 BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), RICHARD GEORGE VALENTINE (POLICE) AND OTHERS. TRANSCRIPT IS DATED, 14/3/91 (PM) INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE MELBOURNE COUNTY COURT BY OFFICIAL COURT TAPE RECORDER. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION HERE AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGE FORMAT TAPE. (TDK TAPE). NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. KEY. HOSER = HOSER VAL = VALENTINE PRO = POLICE PROSECUTER (MR. SAUNDERS) SHARKIE = SHARKIE LEWIS = JUDGE LEWIS (JUDGE) TRANSCRIPT EXCERPTS START NOW SIDE 1 #*# OPENING REMARKS ARE LEGAL CONVERSATION RE POWER OF ARREST (1/367) RE-SWEARING OF VALENTINE #*# (1/521) HOSER - Do you deny that emphatically. SHARKIE - As stated I deny saying that I did not see Mrs McKee at the scene. (AT PRAHRAN COURT IN EVIDENCE - SEE EARLIER TAPE) #*# (1/530) SHARKIE - No I had no conversation with Mrs McKee, at the scene. HOSER - Did you see Mr. Valentine speaking with Mrs McKee. SHARKIE - Not that I can recall. No. SHARKIE - No, at the scene we were approached by a male, um who pointed to the woman behind him, and stated that this lady had been assaulted. The lady to whom he was pointing was Mrs um, excuse me I've forgotten her name. HOSER - McKee SHARKIE - Mrs McKee, that's correct. Ah, who was over by the other witness crying, with her head in her hands. SEE 8/11/90 (1/515) FOR REPEATED DENIAL BY SHARKIE THAT HE DID NOT SEE WOMAN AT THE SCENE. HOSER - You are definitely telling this presiding judge, that you certainly saw Mrs McKee standing in the vicinity of my car at the time you were apprehending me. SHARKIE - At the time we spoke to you yes, at the time we apprehended you, no. At the time of apprehension you were at the end a lane running off High Street. AGAIN REFER TO 8/11/90 (1/515) FOR DENIAL BY SHARKIE OF McKEE HOSER - Initial apprehension was at the car, was it not. SHARKIE - Yes, initial attempts yes. HOSER - Thank you. #*# (2/119) HOSER - But you did agree to take the handcuffs off, didn't you. SHARKIE - I did. I, that's the way I made you stop at the end of the lane. HOSER - So you didn't keep your word did you. SHARKIE - On that occasion, no I didn't. HOSER - So your quite clearly not an honest man are you. PROSECUTER - Oh, now that's just insulting... LEWIS - Now, I really do think that er, doesn't raise the level of this hearing at all, #*# (2/316) LEWIS - Had there been aggression on either side until Valentine put his hand on his right shoulder. SHARKIE - Not in my view no. #*# (2/369) HOSER - I certainly was never asked to move the car, was I. SHARKIE - No you weren't. #*# (2/479) HOSER - Was I searched at the police station. SHARKIE - Yes as a matter of police procedure I believe you would have been. HOSER - Who did it. SHARKIE - I cannot tell you that. I, do not recall. #*# (2/487) HOSER - I put it to you that at Prahran court you told the court quite emphatically I was body searched at the counter. SHARKIE - I cannot recall giving that answer. I do not, I er, believe that I would not have given that answer. HOSER - Are you denying emphatically that you did not say acting Sergeant Spence did not search you, you were body searched at the counter. QUOTE FROM 8/11/90 (2/030) SHARKIE - I cannot recall what was asked and what was stated at the court at that time and I don't believe I would have given that answer. That is not correct. HOSER - Are you denying giving that answer, yes or no. SHARKIE - I deny giving that answer. SEE 8/11/90 (2/030) FOR PROOF SHARKIE LYING ON OATH PROSECUTER - He has answered it to the best of his ability your honour. HOSER - You do deny it. SHARKIE - I deny making that statement SEE 8/11/90 (2/030) HOSER - Your Honour are you in a position to be able to charge people with perjury. #*# HOSER - Do you recall, acknowledging this is what occurred early in cross examination today your statement at Prahran court, I called for you to come back, your reply was and I'm quoting here, I'll come back if you take your handcuffs off, and I said, Okay, you stopped at the end of the lane. HOSER - Do you recall QUOTE OF HOSER'S QUESTION ON 8/11/90 (1/427) SEE SHARKIE'S REPLY ON THAT DAY. LEWIS - Well I don't understand that, no, tell me, did you ask him the question, is that the evidence you gave at Prahran court. HOSER - Yes. LEWIS - Or hold on, or, or you're asking whether that's his evidence earlier today. Which is it? HOSER - Both. LEWIS - Well. HOSER - I have already asked the question and he acknowledged it. LEWIS - Well, HOSER - Was, your evidence, I'll read it LEWIS - Now stop there, hang on, hold on, there Mister Hoser. Do you have something to say about this Mister Saunders. PROSECUTER - Well, I simply A, didn't understand the question, and B it is a repeat of a question, that I presume that has already been asked if one can find some intelligence at all. He is challenging this witness again as to whether he said at the time of apprehension, I'll come back to a police station or whatever. LEWIS - That I'll stop or I'll come. PROSECUTER - He's just going over old ground. HOSER - Mister Sharkie is giving conflicting evidence here. #*# (3/106) SHARKIE - At the time it did not appear that you were intentionally trying to hit. #*# (3/280) SNARKIE STATES THREE PEOPLE INCLUDING McKEE ATTENDED CAR IN HIS PRESENCE AT BANK A VARIANCE TO 8/11/90 TAPE TRANSCRIPT OF COURT CASE ON 14/3/91 BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER), RICHARD GEORGE VALENTINE (POLICE) AND OTHERS. TRANSCRIPT IS DATED, 14/3/91 (PM) MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. TRANSCRIPT EXCERPTS START NOW #*# (1/521) HOSER - Do you deny that emphatically. SHARKIE - As stated I deny saying that I did not see Mrs McKee at the scene. #*# (1/530) SHARKIE - No I had no conversation with Mrs McKee, at the scene. HOSER - Did you see Mr. Valentine speaking with Mrs McKee. SHARKIE - Not that I can recall. No. SHARKIE - No, at the scene we were approached by a male, um who pointed to the woman behind him, and stated that this lady had been assaulted. The lady to whom he was pointing was Mrs um, excuse me I've forgotten her name. HOSER - McKee SHARKIE - Mrs McKee, that's correct. Ah, who was over by the other witness crying, with her head in her hands. HOSER - You are definitely telling this presiding judge, that you certainly saw Mrs McKee standing in the vicinity of my car at the time you were apprehending me. SHARKIE - At the time we spoke to you yes, at the time we apprehended you, no. At the time of apprehension you were at the end a lane running off High Street. HOSER - Initial apprehension was at the car, was it not. SHARKIE - Yes, initial attempts yes. HOSER - Thank you. #*# (2/119) HOSER - But you did agree to take the handcuffs off, didn't you. SHARKIE - I did. I, that's the way I made you stop at the end of the lane. HOSER - So you didn't keep your word did you. SHARKIE - On that occasion, no I didn't. HOSER - So your quite clearly not an honest man are you. PROSECUTER - Oh, now that's just insulting... LEWIS - Now, I really do think that er, doesn't raise the level of this hearing at all, #*# (2/316) LEWIS - Had there been aggression on either side until Valentine put his hand on his right shoulder. SHARKIE - Not in my view no. #*# (2/369) HOSER - I certainly was never asked to move the car, was I. SHARKIE - No you weren't. #*# (2/479) HOSER - Was I searched at the police station. SHARKIE - Yes as a matter of police procedure I believe you would have been. HOSER - Who did it. SHARKIE - I cannot tell you that. I, do not recall. #*# (2/487) HOSER - I put it to you that at Prahran court you told the court quite emphatically I was body searched at the counter. SHARKIE - I cannot recall giving that answer. I do not, I er, believe that I would not have given that answer. HOSER - Are you denying emphatically that you did not say acting Sergeant Spence did not search you, you were body searched at the counter. SHARKIE - I cannot recall what was asked and what was stated at the court at that time and I don't believe I would have given that answer. That is not correct. HOSER - Are you denying giving that answer, yes or no. SHARKIE - I deny giving that answer. PROSECUTER - He has answered it to the best of his ability your honour. HOSER - You do deny it. SHARKIE - I deny making that statement HOSER - Your Honour are you in a position to be able to charge people with perjury. #*# HOSER - Do you recall, acknowledging this is what occurred early in cross examination today your statement at Prahran court, I called for you to come back, your reply was and I'm quoting here, I'll come back if you take your handcuffs off, and I said, Okay, you stopped at the end of the lane. HOSER - Do you recall LEWIS - Well I don't understand that, no, tell me, did you ask him the question, is that the evidence you gave at Prahran court. HOSER - Yes. LEWIS - Or hold on, or, or you're asking whether that's his evidence earlier today. Which is it? HOSER - Both. LEWIS - Well. HOSER - I have already asked the question and he acknowledged it. LEWIS - Well, HOSER - Was, your evidence, I'll read it LEWIS - Now stop there, hang on, hold on, there Mister Hoser. Do you have something to say about this Mister Saunders. PROSECUTER - Well, I simply A, didn't understand the question, and B it is a repeat of a question, that I presume that has already been asked if one can find some intelligence at all. He is challenging this witness again as to whether he said at the time of apprehension, I'll come back to a police station or whatever. LEWIS - That I'll stop or I'll come. PROSECUTER - He's just going over old ground. HOSER - Mister Sharkie is giving conflicting evidence here. #*# (3/106) SHARKIE - At the time it did not appear that you were intentionally trying to hit. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND (AKA PHILIP) HOSER, REGINALD PATTERSON AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, 14/06/91. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT VICROADS OFFICES IN DENMARK STREET, KEW, MELBOURNE, VICTORIA, AUSTRALIA. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. TAPE DURATION IS ABOUT 60 MINUTES AND TAKEN FROM ONE SIDE OF A MICRO TAPE. EXCERPTS ONLY SEPARATED BY '#*#'. Material between '#*#' is complete. KEY. O'SULLIVAN = DAVID O'SULLIVAN HOSER = RAYMOND (AKA PHILIP) HOSER PATTERSON = REGINALD (REG) PATTERSON TRANSCRIPT STARTS NOW (1/001) HOSER WALKS INTO RTA OFFICE (1/015) #*# (1/158) O'SULLIVAN - MUMBLING HOSER - MUMBLING O'SULLIVAN - MUMBLING HOSER - Terrible O'SULLIVAN ...terrible HOSER - MUMBLING HOSER - Hi, how are you. PATTERSON - What have you got there? REFERRING TO TWO LARGE CAMERA BAGS BEING CARRIED BY HOSER HOSER - Well, if, how are you. PATTERSON - All right, HOSER - If we raise any matters, ah, I might want to, PATTERSON - You might want to put me and David in one of them. HOSER - Oh, no, no, no, well that's a good idea (1/174) PATTERSON - Where's the tape recorder? HOSER - Right here, um PATTERSON - Put it on the damn table here and don't put any tape in it. HOSER - The thing is, this particular recorder, I've brought it, in case ah, well, I'm gonna raise a few things and you might come up with something contrary and I'll whip out the tape and we can hopefully settle it here and now. PATTERSON - You won't. I don't think you'll need that. Come on let's go ahead. REFERRING TO LARGE SHARP GF-6000 CASSETTE DECK HOSER - Right, okay, ah, O'SULLIVAN - Do you mind if we sit down. PATTERSON - Right over there. HOSER - Right. ALL MEN WALK ACROSS ROOM AND SIT IN CHAIRS (1/188) HOSER - Okay, now, the matters I want to raise with you. There's a million of them. PATTERSON - Well you haven't got a million, you've got until eleven o'clock. HOSER - So, I'll do my best, if I don't do very well, I can make another time. Now, ah, basically, two matters, Did you read all the correspondence I sent you over the last, PATTERSON - I've got a whole host of correspondence of yours. HOSER - You do. PATTERSON - I've read it not again, but I've but I've read it many times before this time. HOSER - Now, Okay, now. Certain things just don't add up. Now you might feel like I'm going over old ground, but I'm not. The taxi licence, issue one. You have never said for what reason your with-holding it. PATTERSON - I'm only with-holding it because your not a fit and proper person to hold a licence, and your not going to get a taxi licence. HOSER - Says who? Who says I'm not fit and proper? PATTERSON - I'm saying. HOSER - You PATTERSON - I'm saying so on the evidence that's been put before me. HOSER - Now, when you say the evidence, you haven't actually said a single conviction. Which one are you relying on? PATTERSON - Oh, a whole host of them. HOSER - Can you name them? PATTERSON - There's a whole list of them. HOSER - Well you can pull the list out now and show me the crimes O'SULLIVAN - I thought we sent you a list of the convictions. HOSER - No you didn't. PATTERSON - You know a list of them. It's not just one particular one particular one. It's a whole host of them. HOSER - Okay, well, what I will do, in order to make it easier for you, I'll give you a list of my alleged convictions, which you received early December last year, okay. Now what convictions did vicroads rely on to with-hold the Dee Cee? HOSER - There it is there. HOSER PASSES PATTERSON COPY OF EARLIER CORRESPONDENCE FROM HOSER FROM FILE IN HIS BAG O'SULLIVAN - We only need one. HOSER - No you don't. HOSER - Was it in parking? PATTERSON - Oh it can be assault, it can be touting, it can be multi hiring, it can be any one of them. HOSER - So in other words if I had a touting conviction, you would with-hold a Dee Cee? PATTERSON - No not neccessarily. HOSER - Not neccessarily. PATTERSON - I said any one of them. But you have't got one, you've got about six pages of them. Both in Victoria and New South Wales. HOSER - Ah, when you say New South and Victoria, the question has to arise as to relevance. Um, how long, do you know how long I was driving for in Victoria um, before, um you took my licence from me. PATTERSON - I'm sorry but I'd have to find out from the rest of my department. HOSER - But if I told you er, for several years, you'd believe me, wouldn't you. PATTERSON - Well if that's the case, I'll accept it. HOSER - All right, okay. PATTERSON - We could check. HOSER - Well just suffice for the time being, we'll say several years, if you wish to dispute that you can do so. HOSER - Now for the final two years, the final two years I was driving, I was tape recording incidents, Okay. Every time I had an encounter with a Vicroads officer or a fare evader it was taped. Now in that two year period, your men weren't able to get a single conviction against me, other than one for touting, which is only technical offence. Multiple hiring, and as far as I was concerned I was multiple hiring, not touting is, and John Perry has admitted that, and that was the best they could do, and you have acknowledged David they were harassing me. O'SULLIVAN - True HOSER - Right, David's acknowledged they were harassing me, and the police out at kew is struggling for a conviction. Okay. You understand that Reg. PATTERSON -Yes, yes, yes. HOSER - Right, Now surely, if the best they can do in two full years of harassment is one lousy touting conviction, surely that's not sufficient grounds, and that's full-time taxi driving, surely that's not sufficient grounds to go around and say okay were going to go around and with-hold your licence. HOSER - Do you understand that? PATTERSON - Oh, well we'll consider this and take into consideration your past performance. HOSER - And of my past performance, do you remember meeting David in early December, just after just after I faxed you all these criminal things. O'SULLIVAN - Mmm, mm. HOSER - Right, Now as far as that criminal history's concerned, do you recall saying that as far as you were concerned the New South Wales stuff was irrelevant because it was so old. O'SULLIVAN - Mmm, hmm. HOSER - And do you recall further saying that there was nothing in the Victorian stuff that was serious enough to warrent with-holding the licence. (1/281) O'SULLIVAN - I'm not sure what I said, I said as far as I knew at that time, there was nothing on your record that I knew about, that I knew about which would preclude your getting a Dee Cee. HOSER - Right, and I had faxed you the complete list about two weeks earlier. Is that right? O'SULLIVAN - Well, I'm not quite sure if it was a complete list. HOSER - I faxed you a list from New South Wales and Victoria. #*# (1/382) HOSER - Now the Victorian record you've got, the New South Wales, this is the New South Wales, this is, right here we go. PATTERSON - Pass it over. PATTERSON - That's pretty much the same as much as what I've got. HOSER - I gave you that with everything else. PATTERSON - Yes, yeh. O'SULLIVAN - Where did you get that from? HOSER - Out of the file. O'SULLIVAN - What file. HOSER - You mean where did I get that print out. O'SULLIVAN - Yes. HOSER - The police. O'SULLIVAN - Is that the one we were given, the same. HOSER - And that was the one you were given. PATTERSON - ... and the stuff in Victoria. HOSER - Now if you have a look at the way the Victorian stuff should be listed here, on the letter, stuff from New South Wales, Tins, O'SULLIVAN - Tins? HOSER - Tins, yeh, traffic infringement notices. O'SULLIVAN - There are other matters too I think. HOSER - The other matters as I'm aware is I've won them all. O'SULLIVAN - Bg your parden. HOSER - I've won them all. (1/400) HOSER - I beat the Bingley assault. (1/424) HOSER - Do you recall that conversation, fourteenth of December, you turned around and said, there's nothing on your New South Wales record, O'SULLIVAN - Mmm, hmm, HOSER - Because it was too old, that you would take into consideration, O'SULLIVAN - Yes. HOSER - And there was nothing on the Victorian, that you knew of, O'SULLIVAN - That's right, HOSER - Ah, amount to with-holding my licences, O'SULLIVAN - To with-hold the Dee Cee, that I knew of, and also that no decision had been taken at that time. HOSER - And you said that, O'SULLIVAN - Nobody in this organisation had at that point I think made the decision to not renew your Dee Cee. HOSER - You said words to that effect. O'SULLIVAN - That's right. HOSER - You also said words to the effect that all we're looking for is a third party attestation, do you remember saying that. O'SULLIVAN - I didn't say that at all. I didn't say all that we're looking for, I said one of things we do look for is a third party attestation as to your character. O'SULLIVAN IS TELLING A BLATANT LIE HERE. SEE 14-12-90 TRASCRIPT 1/212 AND ALSO 1/239 FOR WHAT HE ACTUALLY SAID. HOSER - Hold it there for one minute. HOSER REACHES INTO BAG TO GRAB A COPY OF THE TRANSCRIPT OF 14-12-90 O'SULLIVAN - There's two things that we were looking for, and that was one of them. PATTERSON - Look, I'm not going to sit by and have an interrogation of, HOSER - No, I'm just trying to make, PATTERSON - Of David O'Sullivan. David O'Sullivan answered that, HOSER - Let's just, PATTERSON -David O'Sullivan answered that question just a while ago to you. HOSER - Let's just, just bear with me. (2/443) For one moment. Now here we go. Your exact words being, 'The bottom is we're looking for a third party attestation if you like of your good character', do you remember saying that? O'SULLIVAN - Yes HOSER - Right, and then I said O'SULLIVAN - What else did I say? HOSER - And, I said, I said, now the next words said, you can read it straight off the transcript Okay. O'SULLIVAN - Okay. HOSER PASSES O'SULLIVAN TRASCRIPT OF 14-12-90 (1/459) #*# (1/592) HOSER - Well I've tried, I've written to you. PATTERSON - You have written to us. HOSER - Vicroads, You have a legal services department, legal services! PATTERSON - That legal services is not for you. That's legal services for me! HOSER - Sorry, here we go again. 'Our Values - we exist to serve our customers, they are our first priority', surely I am one of your customers? QUOTED FROM POSTER - VICROADS - OUR PURPOSE PATTERSON - Yes, but your custom is not our legal services. Your not a customer for our legal services. HOSER - I am a customer of Vicroads. PATTERSON - Of course you are. Of the services we deliver, but we don't deliver legal services. HOSER - You are the, you are in a position to administer the various road acts, and laws, are you not? PATTERSON - Yes. HOSER - Now as far as I've been led to believe, in this particular situation, there is no administrative recourse. And I am sure that if I was to go before an impartial tribual they would give me my taxi licence and give me money for lost income at the same time. But unfortuately this is Victoria and you are very familiar with the circumstances in this state. You're aware of the corruption. You've been party with it yourself. PATTERSON - Ah, now that isn't the situation. HOSER - Well let's look at Derry Ashton. HOSER - Let's look at Derry Ashton? PATTERSON - ...corruption. HOSER - You said that, you said that you'd sack him if he was convicted. HOSER - You've gone back on your word. PATTERSON - I've told you. I've said if he was convicted. He was not convicted. HOSER - He was foud guilty, that's effectively the same. PATTERSON - He was, HOSER - You are trying to split hairs. PATTERSON - And also the, the, at the court was just as critical of you. HOSER - No it wasn't SEE TRANSCRIPT OF CASE TO SHOW PATTERSON ABOVE TELLING LIE PATTERSON - Well, ah, HOSER - Were you there at court? PATTERSON - No, but I've been advised. HOSER - Who from? PATTERSON - From the court. HOSER - From the court. Whom? HOSER - Name the person. PATTERSON - I can't recall the person, he come and called me after. HOSER - I put it to you your telling me a lie straight to my face. PATTERSON - I'm not, I have heard from my legal people, HOSER - And you are doing it deliberately to justify your. From your legal people now, not the courts. PATTERSON - Our legal people followed up with the court. HOSER - Well who? Pollard, Connell. PATTERSON - I don't know. O'SULLIVAN - Martin Pollard was the person who used the case. HOSER - Right and you know that Pollard has a history of vexatiosness against me anyway. PATTERSON - Ah, look I'm not going to listen to this. PATTERSON - Look, I'm not going to listen to this. HOSER - You don't have to put your head in the sand and say I'm not going to listen to this PATTERSON - I'm not putting my head in the sand. HOSER - We are basically getting nowhere. (1/650) DISCUSSION OF OLSEN ASSAULT ON 7-4-89 O'SULLIVAN QUOTES TAPE AND TRANSCRIPT OF ASSAULT AND ACKOWLEDGES HIS PROMISE NOT TO PURSUE COSTS FROM OLSEN MATTER (1/680) #*# (1/758) PATTERSON - Ah, I only spoke to Norm Geschke er, the day before yesterday I think it was. HOSER - To who? PATTERSON - Norm Geschke, the Ombudsman. HOSER - Geschke, and he never raised it HOSER'S CASE HOSER - I don't know, what about any other officers at the time. O'SULLIVAN - The deputy ombudsman might be handling it, but we haven't heard a thing. HOSER - So, None of you have been contacted. I am amazed. O'SULLIVAN - Not in the last month, or fourty days. END OF SIDE 1, CONTINUES ON SIDE 2 HOSER - Have either of you ever been contacted by them in relation to me? (2/015) O'SULLIVAN - I think we have, I think we have, yeh, I think we have had a conversation with the ombudsman, back in the past, yeh, about twelve months, twelve months or so. HOSER - Right, O'SULLIVAN - Not in the last thirty days or so. I haven't. HOSER - Not in the last fifty days. Not since March anyway. O'SULLIVAN - No, don't think so. I don't think so. PATTERSON - Come to think of it, no. I think anybody else from the department has either. Normally the ombudsman approaches me. HOSER - Okay, well the situation is is, the matter with Olsen is being pursued through the ombudsman, okay. Now HOSER - Surely, before you, like the Sheriff came round to my house yesterday, before you, they try to extorte money me, the least you ca do is let the ombudsman run it's course. O'SULLIVAN - We weren't aware that the ombudsman was running his course. PATTERSON - We weren't aware that the ombudsman was running his course. HOSER - And sorry. PATTERSON - We're not aware that the ombudsman was running a course. HOSER - Okay, well while I'm here, you can pick up the phone, and ring him up. I've got the number here. Ah, PATTERSON - I won't ring him up. He will phone me when he, if he's going to take over an investigation on you. HOSER - Well I'm just trying, I want to sort some things out here now, while we're here. It will be easier for the whole lot of us. For your benefit, and for my benefit. PATTERSON - If the Ombudsman is running a case, then I'll stay the recovery of costs. HOSER - Thank you. PATTERSON - All right. PATTERSON - When I get an official notification from the ombudsman. I'm not going to ring, HOSER - Does that include, will a fax from the Ombudsman suffice? PATTERSON - He will let me know. HOSER - A letter from the ombudsman. PATTERSON - Yes. O'SULLIVAN - A bloody telephone call would be plenty. HOSER - Why don't you just call them, and, PATTERSON - Well I'm not. O'SULLIVAN - Reg hears what your saying. Right I think Reg has just made the er statement, HOSER - Right, Okay O'SULLIVAN - That's, if the ombudsman is pursuing the matter, of course we'd bloody stay the er, this pure extortion matter. HOSER - Thank you. Bear with me. HOSER - Right Okay, bear with me please. #*# (2/104) RE-ASHTON HOSER - So in terms of physical or financial penalty did he receive nothing? O'SULLIVAN -No. HOSER - Right, now who paid his legal costs in terms of John Connell lobbing down for the day? PATTERSON - We paid for Connell. HOSER - You did. PATTERSON - Yes, we paid the costs. HOSER - Why is that. PATTERSON - well, we reckon that after the hearing he was not, not convicted, HOSER - He was certainly found guilty, PATTERSON - That's all right, but you can't go and sit in judgement of people before a case is heard, it just isn't right. HOSER - Im understand that. PATTERSON - And he will be represented again. HOSER - Let me put it another way. But if he, but as he wasn't found innocent, he was found guilty, surely he should pay his own costs. PATTERSON - No, not neccessarily. HOSER - So your quite happy to have people basically attacking others, PATTERSON - No I'm not, HOSER - and then backing them up in court. PATTERSON - ... he was just in there, HOSER - But he still, Vicroads still paid, how much a day did Connell cost in court? HOSER - Several hundred? O'SULLIVAN - Several hundred, would be close. HOSER - Thank you, so that was just paid for out of my tax. O'SULLIVAN - The principal Reg is espousing is that anyone who works for vicroads in the course of his duty incurs a charge, should until their found, until the accused is found guilty and convicted is entitled to representation. HOSER - I understand that. I agree to that. O'SULLIVAN - If you worked for Vicroads you'd have the same. HOSER - I have no objection to that. The only objection I have is once he's found guilty that he should pay his own costs. O'SULLIVAN - And they have chosen not to do that in this case. HOSER - Right. O'SULLIVAN - And they agree, in, in the case which is about to start I understand in September the tenth, or something like that which is the second alleged assault on the, by this chap, we would look very carefully at whether should he be found guilty, whether we do. HOSER - But the point, the principal. O'SULLIVAN - Look we can't prejudge a case. HOSER - Listen, I'm not asking you to prejudge the case. O'SULLIVAN - What I'm saying is that it's a matter for Reg at the end of the day as to whether he seeks if you like the disputing parties pay his own costs in the case that he's found guilty and convicted of a charge. O'SULLIVAN - There's no sort of golden rule... HOSER - Right now, #*# (2/177) O'SULLIVAN - I based my decision on those Victorian convictions. HOSER - The most serious Victorian conviction is, O'SULLIVAN - I can't tell you off the top of my head. HOSER - It's bugger all. At the end of the day, I've been charged with assault more times than I've had breakfast and at the end of the day you haven't got one to stick on me yet. O'SULLIVAN - I wouldn't say you've been charged with assault more times than you've breakfast, would you, it doesn't sound too good old chum. HOSER - Geoffrey Bailey five, Bingley two, Kew Police three. O'SULLIVAN - MUMBLING HOSER - So far, O'SULLIVAN - Okay, I'm acting on your behalf here. HOSER - Okay, I might have had a few more breakfasts here. Were running close. That's a heck of a lot of assault charges to go round facing. Now considering five of them I got merely for taking a guy's photograph, it's a bit rich isn't it... (2/197) #*# (2/310) DISCUSSION RE-GEORGE OLSEN #*# (2/242) O'SULLIVAN - I've spoken to a producer from the seven thirty report. HOSER - Right. (2/275) HOSER - If I could produce for you a tape and a transcript where Perry says I don't care about the law, or words to that effect, certainly you should then take action against him for invading my house. O'SULLIVAN - I don't see that the two things are related. HOSER - The man has acknowledged that he's illegally, unlawfully entered my house, O'SULLIVAN - No he hasn't,... PATTERSON - He was invited in. O'SULLIVAN - He's refuted that, er, allegation. HOSER - That's post incident. That's after the day in question. Right. HOSER - If I can produce to you a tape and a transcript, where on the day, when it is happening, Perry turns around and says, when I said, what are you doing in my house, you're breaking the law and Perry says I don't care about the law, certainly you should take some action then. O'SULLIVAN - You haven't given me that tape. HOSER - I, I might not have given it to you yet. But if I do, will you take action against Perry? HOSER - In terms of dismissal, or reinstatement of my Dee Cee, or something. PATTERSON - Well, HOSER - Something concrete. PATTERSON - All right, you, you give us that and we'll look at it, and we'll consider it. HOSER - And what will you do? You'll turn around and say we, PATTERSON - I can't commit myself because we don't know. O'SULLIVAN - MUMBLING PATTERSON - Your sitting there telling us about a tape. We don't know anything about a tape. HOSER - Right, I've told you what's on the tape. PATTERSON - Well let me have it. HOSER - On that basis you certainly can tell me what you intend to do. PATTERSON - No we don't. (2/301) HOSER - If you, if you had that. PATTERSON - I don't want to. PATTERSON - You just wanting for us to make a commitment, so that, HOSER - Yes, I do, that's correct. PATTERSON - Well, yes, we'll consider it. O'SULLIVAN - We will accept the tape and make a judgement... HOSER - Your not the judge and jury. O'SULLIVAN - All right, but our people are! HOSER - Who, your legal services, who ring up, my my, er father and threaten to kill him? O'SULLIVAN - Our legal people will advise us as to whether we proceed or don't proceed on any matter. O'SULLIVAN - Right. It's simply saying, it's the same as the Olsen tapes. I had a listen to the Ashton tapes and I read the transcript and I seek legal advice to proceed on the basis of an assault, an alleged assault, and the answer is no. O'SULLIVAN - Well considering this, we'll do exactly the same thing too. HOSER - It's going from one crook to another. O'SULLIVAN - Vicroads. HOSER - You've got to understand, if I ask Robert Trimbole if he's a clean guy, he'll turn around and say yes. Look, you can't. O'SULLIVAN - It's not a conspiracy your dealing with. It's not a conspiracy. HOSER - Well I've got plenty of evidence it's a conspiracy, in relation to a whole host of matters. O'SULLIVAN - Well not with me you haven't. HOSER - Yes, I have O'SULLIVAN - What have you got? PATTERSON - Do you have anything on me too? HOSER - Yes I have actually. O'SULLIVAN - MUMBLING HOSER - Look, I'm sitting on the opposite side of the PATTERSON - What's my cospiracy? HOSER - You've got half an hour, I'll discuss it. PATTERSON - Well I haven't got half an hour but what is it? HOSER - Well, I'll discuss it with you when you make another appointment. I'm quite happy to sit down with you and discuss it. PATTERSON - Look, I'm not going to have a continuation of this dialogue. HOSER - I'd rather not have to. I would like to have a working relationship with you guys, for crying out loud. Now I am doing my darndest to get on with you guys, and you, you are doing your darndest not to get on. PATTERSON - And yet to try and do that, you go on down to the minister with a fictitious name. (2/337) HOSER - What do you mean I'm going down to the minister with a fictitious name? PATTERSON - ...to Spyker's electoral office, HOSER - I made an appointment, I made an appointment under the name of Acanthophis, PATTERSON - Your name again. HOSER - Acanthophis, Acanthophis, you wouldn't know what Acanthophis is, do you. PATTERSON - No. HOSER - Okay, read my book and you'll find out, O'SULLIVAN - Australian Reptiles. HOSER - And frogs, you could say that yes. HOSER - And now, I rang up, I rang up the secretary and made it under the name Acanthophis and said I worked in that electorate. Now what you have to understand Mister Patterson is you can use any name you like anywhere, so long as it's not for a criminal purpose. Now to go and see the minister is not for a criminal purpose, and when I saw the minister, afterwards I said you don't object to me having made the appointment under a different name, he said no... O'SULLIVAN - But what about the credibility. HOSER - The credibility is, O'SULLIVAN - Jesus,... HOSER - If I have to see the guy, I will do anything lawful, to, to to try and present my case. Which is reasonable. If I'm getting screwed up by the, stone walled by secretaries and these things and I regard it as important enough to see him, I'm within my rights, and everyone has agreed since then, that I did the right thing. And quite frankly, if I had the opportunity to do it again, I would. PATTERSON - Have you got a response from Mister Spyker? HOSER - Nothing yet. Nothing positive. PATTERSON - You've had no response at all from him? HOSER - I've got a letter from one of his staff, um, who I, I think it was one or two letters, I can't, like I said, not it was happening, it was negative, it said we have spoken to Vicroads, and they say, this, this and this, and basically no issues were covered, and certainly, I'll still pursue it with Spyker. HOSER - What you have to understand, you're probably wondering why I'm going it so hard, is I know I'm right and I know you guys are wrong. Now I would sooner resolve our differences with us and not have to run around with all these different people in the media and so on, and make life harder for the whole lot of us, I would rather sit down and work with you, not against you, and vice versa. But you guys are putting me in a situation where I have no choice but to use every other available avenue to do that. Ministers, opposition members, media, whatever. PATTERSON - That's all right. HOSER - Now, at the end of the day it's not going to any good for you guys, for you to do that. It would be better for all of us to sit down and you be honest with yourselves for a change and say, look, Hoser's not a bad guy, over six hundred cabbies want his licence back, innumerable regular passengers, I used to pick up week in week out, would testify on my behalf, the bottom line is, the only people who don't want me to have a licence is you and a few of your offsiders, and you are not the majority of people in Victoria. PATTERSON - There's only one problem. HOSER - You've got the power. PATTERSON - That's right. HOSER - I understand that. #*# (2/410) SERVING THREE WITNESS SUMMONSES ON PATTERSON, BY HOSER FOR ASHTON CASE AND SUMMONSES WERE REFUSED BY HIM #*# (2/437) HOSER - I'd rather not be arguing with you Reg, ah, and I wish you the best. PATTERSON - Obviously you are! When you've got a petition circulating asking for my removal. HOSER - Um you've already removed me. O'SULLIVAN - What about eleven O'Clock on Wednesday the nineteenth. HOSER - Depends on what time on the nineteenth of June, HOSER - Ten A M O'SULLIVAN - ...Eleven. O'SULLIVAN - ... up the bush for the first two days. HOSER - I, I've already been removed, I have been removed by you. HOSER - Ah, ah, it's not exactly a straight out of the blue thing. And you've got to understand what's going on in the taxi industry. Taxi drivers are getting booked for going to have a shit by your men, in violation to your laws. Now surely if that's goinng on, there's something wrong. Are you aware of that? PATTERSON - We're talking about one case out at Tullamarine where a driver parked... END OF TAPE AND TRANSCRIPT IN PATTERSON'S OFFICE AS MICRO TAPE HAD RUN OUT. MICRO TAPE WAS SWITCHED WHEN I LEFT PATTERSON'S OFFICE A COUPLE OF MINUTES LATER AND SUMMONSES WERE THEN SERVED AND TAPED AT KEW, NUNAWADING AND CARLTON ON JOHN CONNELL, PETER SCHOFIELD AND GEORGE OLSEN. OLSEN REFUSED TO ACCEPT HIS SUMMONS, BUT IT WAS SUBSEQUENTLY ACCEPTED BY DAVID O'SULLIVAN AT THE SAME ADDRESS TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER), PETER SCHOFIELD (ROAD TRAFFIC AUTHORITY AKA RTA) AND GEORGE OLSEN (ALSO RTA), AT THE AUSTRALIAN AIRLINES RANK AT TULLAMARINE AIRPORT, MELBOURNE. TRANSCRIPT IS DATED 14/12/88 IN THE EVENING, AT ABOUT 7.30 P.M. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. KEY. ESSENDON MAN = PERSON ON TAXI RANK (MALE) (WHO WAS GOING TO ESSENDON) HOSER = HOSER (TAXI DRIVER) OLSEN = GEORGE OLSEN (RTA) PASSENGER ONE = PASSENGER ONE (FROM SYDNEY) PASSENGER TWO = PASSENGER TWO (FROM ADELAIDE) SCHOFIELD = PETER SCHOFIELD TRANSCRIPT STARTS NOW HOSER - Did I ask you where you were off to sir? ESSENDON MAN - Essendon. HOSER - Now are you sure you don't want me to take you, because what's going to happen is the ... SCHOFIELD - Taxis now coming up right, so I think it's time to call it quits, all right. HOSER - No worries, but there's a lot of people standing here, SCHOFIELD - That's Okay, ... HOSER - You know there's a plane coming in with people. SCHOFIELD - No worries OLSEN - Move out, mate. HOSER - Sorry? OLSEN - Move out. HOSER - Sorry. OLSEN - Move. HOSER - You don't ... GENERAL MUMBLING SOUND FOR ABOUT 1 SECOND FROM ALL THREE PEOPLE HOSER - I'll pick up at Ansett. OLSEN - If you don't move it, I'll put a ticket on it. OLSEN - No worries, I'll move it, I'll move it. HOSER - I'll just go up to Ansett and pick up, that's all. Now that can go there. That can go there. See you soon. PAUSE HOSER - God their a miserable old pack of sods. That's the Road Traffic bloke. There's no cabs anywhere, because ah, a there's a stuff up with the flights. Don't worry you'll be home soon. I'll just drive up to Ansett and pick up and then we'll be off. You only, you only pay, three quarter, the theory is you pay three quarters what's on the meter, however if I end up doing some whopping great detours, you might end up paying more than you'd pay if you went by yourself, but you won't be up for paying for any more if that makes any sense. HOSER - So did you all have a good flight? PASSENGER ONE - Not badly. Where were you from? PASSENGER TWO - Adelaide PASSENGER ONE - Sydney HOSER - You were off the Adelaide. You must have been about the first one with your luggage off. PASSENGER TWO - Yeh, I was. But I've been er, taken a long while to get it off. HOSER - Yeh, what happened there? I looked at the carousel and noticed that er, it was bit of a stuff up. END OF TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER), AND GEORGE OLSEN OF THE ROAD TRAFFIC AUTHORITY (RTA) AT THE ANSETT TAXI RANK, AT TULLAMARINE AIRPORT, AND THEN BETWEEN HOSER AND PETER SCHOFIELD (RTA) AT THE AUSTRALIAN AIRLINES RANK AT TULLAMARINE AIRPORT, MELBOURNE. TRANSCRIPT IS DATED 14/12/88 IN THE EVENING, AT ABOUT 8.00 P.M. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. KEY. HOSER = HOSER (TAXI DRIVER) MAN ON AUSTRALIAN AIRLINES RANK = MAN ON AUSTRALIAN AIRLINES RANK MAN ON RANK ONE = MAN ON ANSETT TAXI RANK GOING TO KEILOR MAN ON RANK TWO = MAN ON ANSETT TAXI RANK GOING TO KEON PARK OLSEN = GEORGE OLSEN (RTA) (AT ANSETT RANK) PASSENGER ONE = PASSENGER GOING TO HAWTHORN FROM ANSETT RANK PASSENGER TWO = ASIAN PASSENGER FROM ANSETT RANK GOING TO THE CITY PASSENGER THREE = PASSENGER GOING TO NOBLE PARK FROM ANSETT RANK PASSENGER FOUR = PASSENGER GOING TO CITY FROM AUSTRALIAN AIRLINES RANK PASSENGER FIVE = PASSENGER GOING TO MALVERN FROM AUSTRALIAN AIRLINES RANK SCHOFIELD = PETER SCHOFIELD (RTA) (AT AUSTRALIAN AIRLINES RANK) WOMAN ON RANK ONE = WOMAN ON ANSETT TAXI RANK GOING TO RINGWOOD EAST TRANSCRIPT STARTS NOW OLSEN - ... some more coming in all the time. HOSER - Yeh, what an hour later? There's no, look, as you see, there's no cars here, there's people standing here waiting. OLSEN - ...off the rank, unless your going to take one of them and go. HOSER - What I can only take one. I can't multiple hire now. OLSEN - Yeh you can, yeh, no problem. HOSER - I can multiple hire. OLSEN - Yes. HOSER - It's not a problem? OLSEN - It's not a problem. HOSER - Okay, so how come you wouldn't let me multiple hire down there? OLSEN - Your quite happy to, as long as there's no other cabs. See, like there's cabs coming in all the time, the more you waste time talking to me, your not talking to them. HOSER - You have a point there. HOSER - Okay LAUGHING AS MHE SAYS THIS CAB DRIVER ONE - Is anyone going to the city, city? CAN BE OVERHEARD CALLING SOME DISTANCE AWAY A MUFFLED RESPONSE TO THE ABOVE CALL IS HEARD SOME DISTANCE AWAY HOSER - Anyone here going Eastern Suburbs, City direction? No, where are you off to? MAN ON RANK ONE - Keilor. MAN ON RANK TWO - Keon Park HOSER - Anyone here going City/Eastern Suburbs direction? No where you all off to? PASSENGER ONE - Hawthorn. (WAITING ON THE TAXI RANK AT THIS STAGE) HOSER - You don't mind sharing with some others going that way, because there's not many cabs. PASSENGER ONE - All right. HOSER - Come this way please WALKING TO CAB PASSENGER ONE - Here we go, HOSER - Here you go. Make yourself at home, we'll be off in a few minutes. TAXI DRIVER TWO - Anybody else going to Greensborough, or round that area at all. CALLING OUT LOUD BUT FROM SOME DISTANCE HOSER - Like a circus here. HOSER - Are you off the Sydney flight by the way? PASSENGER ONE - Sorry? HOSER - Are you off the Sydney flight? PASSENGER ONE - No, Adelaide. HOSER - Ooh. HOSER - Okay, make yourself at home, we'll go up the other end I think. HOSER - You right there? PASSENGER ONE - Yes all right. HOSER - Yes, there's planes down everywhere. It is just unbelievable. PASSENGER ONE - Is it usually this busy? HOSER - Oh no, no, nothing like this. Do you mind me driving round the block once, is that all right? PASSENGER ONE - That's all right. HOSER - Great, I appreciate that. PASSENGER ONE - Do you take cabcharge? HOSER - Yeh, cabcharge is not a problem, what I'll do, I'll move up actually, PASSENGER ONE - Mmm HOSER - Just so I'm out of the way of these ah, other bods, HOSER - Right, HOSER - I'll only be a few minutes HOSER GETS OUT OF TAXI AGAIN HOSER - Right ..., where are you off to sir? PAUSE HOSER - Are you after a taxi sir? ASIAN MAN NODS HOSER - Where are you off to? HOSER - Sorry? PASSENGER TWO - City, ASIAN MAN HOSER - City? Ah, you don't mind sharing with some other people going that way, because there's not, you don't mind sharing with some other people going that way, because there's not many cabs. PASSENGER TWO - Oh, where is your taxi going? HOSER - He's going beyond the city to a suburb called Hawthorn. PASSENGER TWO - Ah. HOSER - He's going past the city to Hawthorn. PASSENGER TWO - Hawthorn. Ah, I want to go to corner of Elizabeth and Collins. HOSER - Yeh, that's not a problem, if you don't mind sharing. PASSENGER TWO NODS AT HOSER HOSER - Come this way. I'll just have to er, unlock the boot. HOSER LOADS LUGGAGE INTO TAXI HOSER - There you go, make yourself at home, we'll be off in a few minutes. HOSER - And where are you off to sir? PASSENGER THREE - Noble Park STANDING ON RANK AT THIS STAGE HOSER - Where? PASSENGER THREE - Noble Park. HOSER - You don't mind sharing with some other people going in the same general direction. PASSENGER THREE - No. HOSER - ... There's not many cabs around. PASSENGER THREE - I don't mind. I don't mind. HOSER - Yep, come this way. I'll just pop the boot and we'll be off in a few minutes. PASSENGER THREE - All right. HOSER - That can go there, PASSENGER THREE - I'll tell you ..., I'll tell you where I've gotta go. HOSER - Noble Park, Motor inn, Dandenong Road, probably. PASSENGER THREE - I'll take, listen I'll HOSER - Yeh sure, no problems, yeh. PASSENGER THREE - All right. HOSER - There you go. Make yourself at home, ah, oh, leave, leave that open OLSEN - Don't let yourself get ripped off, make sure you pay seventy five percent of the metered fare OLSEN TALKING TO PASSENGERS IN HOSER'S TAXI HOSER - He can pay less than that though can't he. OLSEN - No worries. HOSER - Less is no problem. OLSEN - MUMBLING HOSER - There you go, make yourself at home. PASSENGER THREE - Right, right. HOSER - We'll be off in a couple of minutes. HOSER - Were you after a taxi there? PAUSE HOSER - Where are you off to? WOMAN ON RANK ONE - Ringwood East, HOSER - Ringwood East, I can't really help you. I'm sorry about that. OLSEN - Hey, um, I think that's probably enough for that cab all right. There's other cabs here, OLSEN IS VERY AGGRESSIVE HERE HOSER - It is, it does say licenced to carry five sir. OLSEN - Yeh, but there's other cabs here, HOSER - There's two, three cabs and they've all picked up, still many people there. OLSEN - You can go now, that's it. HOSER - Why, why, I am I not allowed to take five? Can you explain? OLSEN - That's what your putting in that cab, all right. OLSEN - Now if you wanna go... OLSEN GETTING VIOLENTLY AGGRESSIVE AND THROWING PUNCHES HOSER - Yeh, hold on, hold it, look why can't, it say's quite clearly on the back licenced to carry five. Why... OLSEN - ... cabs here picking up. HOSER - There are no other cabs, you can see, there's there's people waiting on the rank up there, I can go there and pick up. OLSEN - That's up, right, go do it. That's all your picking up here. HOSER - The man, the man, the man doesn't mind me going round the block. I've already asked him. OLSEN - Well, I don't think your gonna get five in there, and there not gonna enjoy it for a start are they. HOSER - It beats the hell out of these people standing around here waiting, doesn't it. OLSEN - They'll only be here a few minutes. HOSER - What. Twenty minutes, an hour? OLSEN - No, I don't think they'll be here that long. HOSER - You don't OLSEN - Nope. HOSER - Well you can see the line, and I can count twenty in the line now. OLSEN - Stiff. That's all your going to carry. HOSER - Well I'll go up the other end and pick up. HOSER - You don't mind, Okay. HOSER - It's like a circus. LAUGHTER IN TAXI AND ON RANK AFTER I MADE THAT COMMENT - ABOVE HOSER GETS IN TAXI HOSER - I can't believe the number of people standing around. Where, oh that guy, I went to court against that guy last week and I won you see. REFERRING TO RECENT "NAME SUPPRESSED" CASE WHERE BOTH HOSER AND OLSEN APPEARED ON OPPOSING SIDES PASSENGER ONE - So he's stroppy. HOSER - So, oh yeh. PASSENGER THREE - I don't know where these other gentlemen are going, but if you want to write it down, I've gotta go to, HOSER - Your, your last, so um, PASSENGER THREE - No worries, four seventy seven princes highway. HOSER - Oh, that's not a problem. PASSENGER THREE - Sandown, Sandown Regency Motor Inn. HOSER - Yeh, yeh that's about the only place people do go to. HOSER PULLS UP ON THE AUSTRALIAN AIRLINES TAXI RANK HOSER - I'll only be a couple of minutes, see there's just people everywhere. I'll only be a couple of minutes people and then we'll be off. HOSER - GETS OUT OF TAXI HOSER - Is there anyone here going towards the city or eastern suburbs? HOSER - Where are you, PASSENGER FOUR - Hyatt on Collins Street, FEMALE PASSENGER ON RANK AT THIS STAGE HOSER - Yeh, it's just you? FEMALE NODS AT HOSER HOSER - Make yourself at home. HOSER - Ah, I'll get that man to move, HOSER - Could you please move over, great, thank you very much. HOSER - Ah, PASSENGER ONE - Shall you put these in the boot or not worry. HOSER - Er, yeh, just, just, leave them on the ground, and I'll put them in the boot. HOSER RUNS TO SCHOFIELD WHO IS TALKING TO HIS PASSENGERS HOSER - Don't worry, they've already been explained er, that, how they paid by your mate up the other end. SCHOFIELD - What happened to the other two guys? HOSER - I dropped them around the corner. LONG TERM CAR PARK AS ONE HAD THEIR CAR PARKED THERE AND OFFERED TO TAKE THE OTHER MAN HOME SCHOFIELD - Ah, HOSER - Is there anyone else here by themself going towards the Eastern Suburbs. HOSER - No? HOSER - Where are you all off to? PASSENGER FIVE - Malvern. STANDING ON TAXI RANK AT THIS STAGE HOSER - Malvern? Where in Malvern? PASSENGER FIVE - East Malvern. HOSER - Yep, you don't mind sharing with some others going that way. SCHOFIELD - MUMBLING HOSER - Yeh, I can fit you, no problem, I can you put you in the front in the middle there. SCHOFIELD - MUMBLING HOSER - It's a five seat taxi! PASSENGER FIVE - No, look, don't worry, HOSER - Sure? PASSENGER FIVE - You haven't got room for this. HOSER - Oh, I've got plenty of room in the boot if you want, but if you don't want no problem. STILL DOZENS OF PEOPLE WAITING ON THIS RANK FOR CABS AND NONE IN SIGHT PASSENGER FIVE - No, if you've got plenty of room in the boot, yeh, I'll go. HOSER - Yeh. SCHOFIELD - Will you move your car off the rank. HOSER - No worries. There we go, I'll take that out because it's soft. Oh I don't want to crease that though. PASSENGER FIVE - Oh, don't worry about it, that's all right. HOSER - Oh all right, that's your wallett HAD FALLEN OUT OF HIS BAG PASSENGER FIVE - ... so HOSER - No worries, I was grabbing that because I saw it was loose. HOSER - All right then, I'll just shove that, HOSER PACKING BOOT PASSENGER FIVE - So we're right now. HOSER - Come round my side please. In the middle, I'll put you in the middle, um, don't worry you'll be comfortable. Beats the hell out of standing here because there's about another hundred million people up the other end. MAN ON AUSTRALIAN AIRLINES RANK - Will you call some more cabs there. HOSER - I will get some more cabs, MAN ON AUSTRALIAN AIRLINES RANK - Thank you mate HOSER - But let me explain, there is a big shortage. As you can see there's about fifty people here now. It is going to get worse. If you can share cabs do. Okay. HOSER - GETS IN TAXI Right we're off. Okay, now the theory, as that Road Traffic Bloke explained to you. He doesn't really know what he's talking about. Ah, the theory is that you shouldn't pay more than you normally pay, when you go in a straight line. PASSENGER THREE - I don't give a shit. HOSER - Now um, PASSENGER FIVE - I'm in a hurry, let's go, CAB WAS STATIONARY AT THIS POINT HOSER - There's not much traffic so you will get home fairly quick, um PASSENGER FIVE - I've been flying for five years and it's never worried me. HOSER - So um, yeh, basically the theory is that you pay three quarters whats on the meter, however if I've ended up, going, it works out more than what you would normally pay you don't pay that much Okay. PASSENGER ONE - I understand everything you've just said. EVERYONE IN TAXI BURSTS OUT IN LAUGHTER HOSER - I'm glad you do. MORE LAUGHTER HOSER - And er, the reason why those guys were a bit shitty, is because I went to court against the one up the other end ah last week and I won REFERRING TO "NAME SUPPRESSED" CASE and he got in big trouble or he hasn't been in big trouble yet but he will be. HOSER - I won't, I could explain the story to you if you really want but, er, LAUGHTER IN THE CAB HOSER - It's not a long story. Basically it involves er, a bit of politics in the Road Traffic, which I inadvertantly got involved in. HOSER - Now you want Elizabeth and Collins, is that correct? Ah, Sir behind me. PASSENGER TWO - Yes HOSER - Elizabeth and Collins, right. Um. It'll be this order, Elizabeth and Collins, Hyatt on Collins, er, er, er Hawthorn, Malvern, Noble Park. PASSENGER THREE - Whos going, who's going to Hawthorn? PASSENGER ONE - Me. PASSENGER THREE - Where ... END OF TAPE AND TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) ALAN "NAME SUPPRESSED" AND CONSTABLE VALENTINE, (VICTORIA POLICE OFFICER WHO ASSAULTED HOSER ON 21/5/89). TRANSCRIPT IS DATED 14/12/89 AT ABOUT 11 AM. (IN MORNING ANYWAY). MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. TRANSCRIPT WAS AT PRAHRAN COURT IN MALVERN ROAD PRAHRAN. KEY. B = ALAN "NAME SUPPRESSED" H = HOSER (TAXI DRIVER) V = CONSTABLE VALENTINE C = CLERK OF COURT (MALE) CF = CLERK OF COURT (FEMALE) P = PERSON (UNIDENTIFIED AND NOT RELEVANT TO THIS TRANSCRIPT) TRANSCRIPT STARTS NOW BACKGROUND NOISE B - Valentine smiled at your comment malicious. B - Bow HOSER AND "NAME SUPPRESSED" ARE LEAVING THE COURT ROOM WITH FILES AND TAPING EQUIPMENT "NAME SUPPRESSED" IS WHISPERING INTO HOSER'S EAR HOSER AND "NAME SUPPRESSED" LEAVE ROOM H - Mister Valentine, may I ask you are there any outstanding warrents for my arrest after the court case? V - I have nothing to say to you Mister Hoser. H - Sorry? V - I've got nothing to say to you Mister Hoser H - Is that a yes or a no? B - Well, I'd like to know. Are there any warrents for his arrest? V - Would you give me your current, where's your current address? H - The police have my address. H - Is there any outstanding warrents for my arrest? Yes or no? V - I don't know H - You don't know. That's not what you told my solicitor on the phone yesterday. V - Isn't it. V - Well I've got nothing to say to either of you, well I've got nothing to say to either of you. B - Well say it to me, because, well I'd like to know whether he's going to be arrested as soon as we walk out of this court. What's happening? V - Well you walk out the court and find out. V - If you've got things outstanding, surely you should know. H - Well all enquiries I have made, V - Have you paid all your fines? H - All my enquiries have revealed nothing outstanding. However apparantly you told my solicitor or my solicitor you told that there were outstanding warrents as in plural for me. Now, V - Have you had an er, visit from the Heidelberg Police recently? H - Have I, no I haven't had a visit from Heidelberg Police. What's the Heidelberg Police got to do with it. V - Oh it's just a question that's all. Thank you. B - Whispering into Hoser's ear. MUMBLING AND NOISE AS HOSER AND "NAME SUPPRESSED" WALK DOWNSTAIRS TO THE COURT CO-ORDINATOR'S DESK H - Ah, the situation is, is the case I've just had they've adjourned. Mr. Valentine who doesn't want to talk to me, whose talk to, with the lady in the court, that they can't have it in May, because witnesses are unavailable. C - Where's Mister Valentine? H - He's the man who ..... B - And he is, and he, refused to come down to even see you. So, you know, B - When do you want the adjournment. H - Well, I C - I want to sought out an adjournment date, so wait to the side and the co-ordinator will see you. H - Oh all right, B - Thanks for your help. H - Stroppy little sod isn't he, Mister Valentine, B - Ah, WHISPERS TO HOSER BACKGROUND NOISE WHILE WAITING VALENTINE AND ONE WITNESS HAD WLKED OUT AND AWAY FROM THE COURTHOUSE PRIOR TO THIS POINT IN TIME AND THE COURT STAFF WERE UNABLE TO FIND HIM BECAUSE HE'D LEFT THE BUILDING B - ...or where they've gone. H - That's interesting isn't it? B - That's most interesting H - You know why they've done that don't you? B - I know, it's so they ... themselves. B - No one knows what's going on. H - That's right. B - Valentine's got ... MUMBLING BETWEEN HOSER AND "NAME SUPPRESSED" CF - What was your name? P - MUMBLING CF - Okay, P - ...Adjournment. CF - Well alright. CF - It's been adjourned till the twenty sixth of January. P - Oh they've, they've adjourned it anyway. CF - Well ... P - ... MUMBLING CF - Right, Okay, just have a seat, I'll have someone have a chat to you. P - Thanks. H - Hoser, er, adjourned, the prosecution has that we can't have the adjournment till April, and he's not here. CF - Mmm B - What he's after is er, a date, May, June, July, CF - Right H - Can't be May, they said they couldn't have it then, they couldn't get one of the witnesses. B - He's just walked off. CF - Was the clerk in court up in court yet? H - Yeh B - Yeh, and it was magistrate West. CF - Right, ... And adjourned to when? H - Well he said set a date with the co-ordinator, and the lady in the court ran around and that Valentine and co., said they can't have it in April, and she set a date in April, she said April, sorry, and I said well that's Okay as long as it's after easter which apparantly it was, and she came back to ... B - Well Mister Valentine has walked off,... H - So, we've got the decision to ... CF - Well just hold on, I'll call him ... TAPE CONTINUES BUT WITH BACKGOUND NOISE ONLY FOR SOME TIME AFTER THIS POINT CF - Constable Valentine to the clerk's office, please, Constable Valentine to the clerk's office OVER PUBLIC ANNOUNCEMENT SYSTEM MUMBLING BETWEEN HOSER AND "NAME SUPPRESSED" CF - Okay, B - He walked out onto the street, CF - All right, B - We don't want to wait, CF - Just a minute, I'll organise it later today, H - We don't want to wait here all day. CF - You won't, B - If I tell you he's just left, H - We've just seen him walk out there with three people. H - Page him again, and then we'll, so, you know, B - Could you, you know, how long are you gonna, CF - Well I'll call in about ten minutes, ... if you take a seat I'll ... HOSER AND "NAME SUPPRESSED" WALK OFF AND SIT DOWN TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) ALAN "NAME SUPPRESSED" AND CONSTABLE VALENTINE (VICTORIA POLICE). TRANSCRIPT IS DATED 14/12/89 DURING THE DAY AND IS IMMEDIATELY OUTSIDE AN UPSTAIRS COURTROOM AT PRAHRAN COURTHOUSE. THE TRANSCRIPT IS TAKEN FROM ONE TAPE RECORDING MADE BY HOSER. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. HOSER = HOSER "NAME SUPPRESSED" = "NAME SUPPRESSED" VALENTINE = VALENTINE TRANSCRIPT STARTS NOW HOSER - Mister Valentine, are there any outstanding warrents for my arrest. VALENTINE - I don't want to say anything Mister Hoser. HOSER - Sorry? VALENTINE - I don't want to say anything. HOSER - Is that a yes or a no? "NAME SUPPRESSED" - Well I want to know? Are there any warrents for his arrest? VALENTINE - ... Want to give me your current address. HOSER - Is there any outstanding warrents for my arrest? Yes or no? VALENTINE - I don't know. HOSER - You don't know? That's not what you told my solicitor on the phone yesterday. VALENTINE - Isn't it? ... "NAME SUPPRESSED" - Well you can say it to me because, well I'd, VALENTINE - I've got nothing to say to either of you. "NAME SUPPRESSED" - Well I'd like to know whether he's going to be arrested as soon as we walk out of this court. What's happening? VALENTINE - Well you walk out the court and find out. If you've got things outstanding, surely you should know. HOSER - Well all enquiries I have made, all my enquiries reveal nothing outstanding, however apparantly you told my solicitor, or my solicitor you told that there were outstanding warrents as in plural for me, now, VALENTINE - Have you had a visit from the Heidelberg police recently? HOSER - Have I, no I haven't had a visit from the Heidelberg police. What's the Heidelberg police got to do with it? VALENTINE - Oh it's just a question, that's all. Thank you. VALENTINE WALKS OFF END OF THIS TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) ALAN "NAME SUPPRESSED" AND CONSTABLE VALENTINE, (VICTORIA POLICE OFFICER WHO ASSAULTED HOSER ON 21/5/89). TRANSCRIPT IS DATED 14/12/89 AT ABOUT 11 AM. (IN MORNING ANYWAY). MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. TRANSCRIPT WAS AT PRAHRAN COURT IN MALVERN ROAD PRAHRAN. KEY. B = ALAN "NAME SUPPRESSED" H = HOSER (TAXI DRIVER) V = CONSTABLE VALENTINE C = CLERK OF COURT (MALE) CF = CLERK OF COURT (FEMALE) P = PERSON (UNIDENTIFIED AND NOT RELEVANT TO THIS TRANSCRIPT) TRANSCRIPT STARTS NOW BACKGROUND NOISE B - Valentine smiled at your comment malicious. B - Bow HOSER AND "NAME SUPPRESSED" ARE LEAVING THE COURT ROOM WITH FILES AND TAPING EQUIPMENT "NAME SUPPRESSED" IS WHISPERING INTO HOSER'S EAR HOSER AND "NAME SUPPRESSED" LEAVE ROOM H - Mister Valentine, may I ask you are there any outstanding warrents for my arrest after the court case? V - I have nothing to say to you Mister Hoser. H - Sorry? V - I've got nothing to say to you Mister Hoser H - Is that a yes or a no? B - Well, I'd like to know. Are there any warrents for his arrest? V - Would you give me your current, where's your current address? H - The police have my address. H - Is there any outstanding warrents for my arrest? Yes or no? V - I don't know H - You don't know. That's not what you told my solicitor on the phone yesterday. V - Isn't it. V - Well I've got nothing to say to either of you, well I've got nothing to say to either of you. B - Well say it to me, because, well I'd like to know whether he's going to be arrested as soon as we walk out of this court. What's happening? V - Well you walk out the court and find out. V - If you've got things outstanding, surely you should know. H - Well all enquiries I have made, V - Have you paid all your fines? H - All my enquiries have revealed nothing outstanding. However apparantly you told my solicitor or my solicitor you told that there were outstanding warrents as in plural for me. Now, V - Have you had an er, visit from the Heidelberg Police recently? H - Have I, no I haven't had a visit from Heidelberg Police. What's the Heidelberg Police got to do with it. V - Oh it's just a question that's all. Thank you. B - Whispering into Hoser's ear. MUMBLING AND NOISE AS HOSER AND "NAME SUPPRESSED" WALK DOWNSTAIRS TO THE COURT CO-ORDINATOR'S DESK H - Ah, the situation is, is the case I've just had they've adjourned. Mr. Valentine who doesn't want to talk to me, whose talk to, with the lady in the court, that they can't have it in May, because witnesses are unavailable. C - Where's Mister Valentine? H - He's the man who ..... B - And he is, and he, refused to come down to even see you. So, you know, B - When do you want the adjournment. H - Well, I C - I want to sought out an adjournment date, so wait to the side and the co-ordinator will see you. H - Oh all right, B - Thanks for your help. H - Stroppy little sod isn't he, Mister Valentine, B - Ah, WHISPERS TO HOSER BACKGROUND NOISE WHILE WAITING VALENTINE AND ONE WITNESS HAD WLKED OUT AND AWAY FROM THE COURTHOUSE PRIOR TO THIS POINT IN TIME AND THE COURT STAFF WERE UNABLE TO FIND HIM BECAUSE HE'D LEFT THE BUILDING B - ...or where they've gone. H - That's interesting isn't it? B - That's most interesting H - You know why they've done that don't you? B - I know, it's so they ... themselves. B - No one knows what's going on. H - That's right. B - Valentine's got ... MUMBLING BETWEEN HOSER AND "NAME SUPPRESSED" CF - What was your name? P - MUMBLING CF - Okay, P - ...Adjournment. CF - Well alright. CF - It's been adjourned till the twenty sixth of January. P - Oh they've, they've adjourned it anyway. CF - Well ... P - ... MUMBLING CF - Right, Okay, just have a seat, I'll have someone have a chat to you. P - Thanks. H - Hoser, er, adjourned, the prosecution has that we can't have the adjournment till April, and he's not here. CF - Mmm B - What he's after is er, a date, May, June, July, CF - Right H - Can't be May, they said they couldn't have it then, they couldn't get one of the witnesses. B - He's just walked off. CF - Was the clerk in court up in court yet? H - Yeh B - Yeh, and it was magistrate West. CF - Right, ... And adjourned to when? H - Well he said set a date with the co-ordinator, and the lady in the court ran around and that Valentine and co., said they can't have it in April, and she set a date in April, she said April, sorry, and I said well that's Okay as long as it's after easter which apparantly it was, and she came back to ... B - Well Mister Valentine has walked off,... H - So, we've got the decision to ... CF - Well just hold on, I'll call him ... TAPE CONTINUES BUT WITH BACKGOUND NOISE ONLY FOR SOME TIME AFTER THIS POINT CF - Constable Valentine to the clerk's office, please, Constable Valentine to the clerk's office OVER PUBLIC ANNOUNCEMENT SYSTEM MUMBLING BETWEEN HOSER AND "NAME SUPPRESSED" CF - Okay, B - He walked out onto the street, CF - All right, B - We don't want to wait, CF - Just a minute, I'll organise it later today, H - We don't want to wait here all day. CF - You won't, B - If I tell you he's just left, H - We've just seen him walk out there with three people. H - Page him again, and then we'll, so, you know, B - Could you, you know, how long are you gonna, CF - Well I'll call in about ten minutes, ... if you take a seat I'll ... HOSER AND "NAME SUPPRESSED" WALK OFF AND SIT DOWN TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER) AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, FRIDAY 14/12/90 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE RTA HEADQUARTERS ON OR AROUND THE THIRD FLOOR OF THE RTA BUILDING, IN OR AROUND MR. O'SULLIVAN'S OFFICE MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. THE CONVERSATION TOOK PLACE FOR AN ESTIMATED 55 MINUTES AND WHAT FOLLOWS IS NOT A COMPREHENSIVE TRANSCRIPT, BUT RATHER IS EXCERPT/S FROM THE MAIN TAPE RECORDING WHICH WAS TRANSFERRED ONTO A LARGER FORMAT TAPE. NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. KEY. HOSER = HOSER DAVID = DAVID O'SULLIVAN TRANSCRIPT EXCERPTS START NOW SIDE 1 (1/190) AFTER LETTER FROM O'KEEFE TELLING HOSER THAT HE WILL NOT GET HIS TAXI LICENCE. DAVID - We're not saying that. Nobody has said, nor is anybody saying at the moment, including me, or O'Keefe or anyone in this organisation, that we are not going to give you a licence, Okay. #*# (1/212) DAVID - The bottom line is, we are looking for third party attestation if you like, of your good character. HOSER - Right, will one third, well let's be specific here. Will one third party attestation as to my good character be enough, to give you to issue the Dee Cee? DAVID - It satisfies us. HOSER - It does? DAVID - Mmm Hmm. HOSER - Thank you. #*# (1/228) HOSER - You, as in Roads Corporation know that you've been involved in cases to try to get me convicted of things that I should never have been convicted for. DAVID - Yes #*# (1/239) RE - DC HOSER - One third party attestation? DAVID - A human being, a person. #*# (1/370) O'SULLIVAN STATED THAT NOTHING ON HOSER'S CRIMINAL RECORD WOULD STOP HIM FROM GETTING A TAXI LICENCE. #*# (1/450) O'SULLIVAN ACKNOWLEDGED RECEIPT OF A LIST OF ALL OF HOSER'S PRIOR CONVICTIONS ABOUT A FORTNIGHT EARLIER. #*# RE-OLSEN ASSAULT TAPE AND TRANSCRIPT (1/497) DAVID - I've read this, and I listened to that, and that matches that perfect, you've done a very good job. HOSER - I didn't transcribe that, someone else did. #*# (1/504) DAVID - I will have to put this to Mister Olsen HOSER - The accusation ASSAULT DAVID - Mmm Hmm HOSER - Sure. LETTER TO PRAHRAN MAGISTRATES COURT. P. J. Hoser, 41 Village Ave, Dec 14th, 1989 Doncaster, Vic, 3108, Australia. Dear Clerk, Magistrate or whom it may concern, As a result of today's miscarriage of justice in which I was declared guilty of various charges that I did not commit, I ask you to immdeiately lodge an appeal to the County court of Melbourne for all charges on the grounds that I was not guilty and/or that the penaly/ies were excessive. I am known under the following names; RAYMOND HOSER PHILIP HOSER ADDER YOURS SINCERELY LETTER TO ARRESTING POLICE IF ANY ON 14/12/89 P. J. Hoser, 41 Village Ave, Dec 14th, 1989 Doncaster, Vic, 3108, Australia. Dear Policeman or whom it may concern, This is a cheque for unpaid warrents dated 14/12/89. The cheque is for unpaid fines, etc, as demanded by unpaid police warrents. The account to be debited is; R T HOSER 012 266 2374 15781 The amount to be debited is _______________________ Signed: LETTER TO ARRESTING POLICE IF ANY ON 14/12/89 P. J. Hoser, 41 Village Ave, Dec 14th, 1989 Doncaster, Vic, 3108, Australia. Dear Policeman or whom it may concern, This is a cheque for unpaid warrents dated 14/12/89. The cheque is for unpaid fines, etc, as demanded by unpaid police warrents. The account to be debited is; R T HOSER 012 266 2374 15781 The amount to be debited is _______________________ Signed: SUBPOENA'S REQUIRED FOR MONDAY 15/1/90 Federal Police Office Number 4757 Road Traffic Authority AKA Roads Corporation, Enforcement branch officers as follows, 1. George Olsen 2. Peter Schofield 3. Roger Bowman 4. Derry Ashton 5. Peter Moncrief 6. John W. Perry Road Traffic Authority AKA Roads Corporation, Manager, Licencing Services, A. N. Decker Victoria Police Officer, Ross Allen Bingley, Formerly of St. Kilda Police Station, most recently known from Carlton CIB, and promoted to Senior Constable Taxi Drivers as follows, 1. MICHAELL STREETER 2. DES BURKE RAYMOND TERRENCE HOSER 41 VILLAGE AVENUE DONCASTER VICTORIA 3108 AUSTRALIA PHONE: (03) 857-6475 SEQUENCE OF EVENTS ON 16-2-92 (AM) and after. Hoser pulled up and parked cab against curb on corner of Erica Ave and Wattletree Road, went to door of house and summonsed people who had booked taxi. Hoser walked back to taxi, then a short distance along Erica Ave and behind a tree where he was about to urinate. Hoser was able to observe taxi and house from position, but was in a dark spot. He was about to urinate, behind a tree on the nature strip. Police pulled up apparantly to observe taxi and Hoser ran to taxi. Police officers falsely accused Hoser of urinating and were unable to prove such. They repeatedly threatened to arrest Hoser (see tape), were rude and abnoxious and refused to give their names to either Hoser or one of the people present who agreed that police were in the wrong. The police went so far as to get a torch and shine it over the ground in a futile bid to find a wet spot where I had supposedly urinated. All ground was damp from dew, but none from urinating as Hoser hadn't got around to it. The encounter was taped. Police were aggressive - Hoser was not. Police drove off in a hurry and at a high and dangerous speed after the 'incident', and in excess of the speed limit, (est. 100 KPH). People present, did and without prompting by Hoser offer to go to court for Hoser and one immediately stated 'police are fuck-heads' after they had raced off. The police version of the incident is false and provably so from the tape recording. €DH/1704881/TAXI-POLICE STATEMENT/PAGE |P/ €SRP1 My name is Philip Jacob Hoser, of 744 Toorak Road, East Hawthorn, 3122. My date of birth is 31/8/59, (28 YO). My occupation is Taxi driver. I was involved in an incident on 17/04/88, and it is related below. The underlined sections are probably of greatest use to the police. Other 'peripheral/relevant' information is also provided. I was driving a taxi cab (T-8000) (Radio number 134) on saturday night/Sunday Morning. At about 1.30 A.M. I drove down Bourke Street City (Near Exhibition) and drove up to a man and a woman hailing a cab. I had my not for hire sighn down, my dome light off and doors locked. I asked them where they were going to and they said Hawthorn. I then said to them, 'You don't mind sharing with a car full of others going in the same direction?' They both said 'Thats fine'. They got into the taxi. I then drove through the city and picked up a girl going to Burwood East, and a man going to Glen Iris. I then headed towards Hawthorn. I also explained the fare arrangements of multiple hiring (3/4 Straight line fare), and there seemed to be no problems here. At this time of night (every saturday) there are literally hundreds of people trying to get cabs, and none around, in the city and nearby areas, and large accumulations of people on cab ranks. There were many people trying to get cabs throughout Richmond and Hawthorn. Near the Yarra river I stopped and asked two men where they were going to, and they replied Ashburton. They didn't object to sharing the cab with others. I told them that I was dropping two people a couple of hundred yards up the road, and that they could both get into the front seat for the few hundred yards, when one could get into the back. They did this. The man, his wife and the girl going to East Burwood were already seated in the back seat. The man and wife going to Hawthorn had seemed reasonable and friendly throughout the trip. The man was however intoxicated (alcohol) and his conversation was highly erratic and to some extent nonsensical. Upon arrival at Hawthorn I asked the man for six dollars, and both him and his wife got out of the taxi and started to walk off. At this point I got out of the taxi and asked him for the money, and he said "Stuff you, we're not paying you!" His wife then went to the mans' pocket to grab his wallet (She had no money on her apparantly) and he fought her off saying "Get off my trousers' he's not getting paid " AT THIS POINT I GRABBED MY MICROCASSETTE PLAYER FROM INSIDE THE TAXI, TURNED IT ON AND PLACED IT INSIDE MY SHIRT. The ensuing conversation is recorded on the tape. I then went back to the two people (near the taxi, but making their way off) and again demanded the money. The man refused to pay. I now asked for $8.00 to cover the waiting time,etc, (The meter read about $13 when I turned it off shortly later). At this point another taxi driver (Silvertop) whom I didN't know came onto the scene. He was violent, pushing us both (me and the man) and attempting to get order, but didn't really know what was going on (see tape conversation). The other taxi drivers threw punches at both me and Mr. Keenan, and I was not pleased with his actions, as I felt he was only inflaming an already tricky situation. I did at some points go for the mans, trousers and wallet in a bid to get his I.D., as he would not voluntarily give it to me. (I am of the belief that if an offence has been committed it is reasonable to obtain that persons' name and address). I eventually obtained his I.D. The other taxi driver also after a while forced the man to pay the fare. ($8.00). However for a considerable period prior to this the man (Richard Keenan), had been adamant that he was not paying me. He was also very roudy, abusive, etc, prior to this. He threatened to take my number, get his solicitor onto me, to bash me, etc, (see tape conversation). During this period my passengers were waiting outside my taxi, they had got out of it, and at some stage, the girl going to Burwood had hailed and got into a passing empty cab (I did not see this). Another couple of taxi drivers came onto the scene, and it was when three other drivers were present that Keenan handed over the ten dollars. Keenan threatened to call the police, but apparantly that did not happen. His wife's name was Fiona. Keenan committed the offence of not paying the taxi fare. Upon his not paying the fare, I was solely concerned with obtaining his I.D. to have him charged with the offence. The money I got paid was only due to the efforts of the other driver; after the offence had been committed. The offender was Richard Keenan of 3 Violet Grove Hawthorn, Vic. The passengers who got into the taxi again, after the incident were John Hannan of 5 Boyanda Rd. Glen Iris, 256601., and John Walker and Ian Stevens of 79 Welfare Pde, Burwood. All were dropped off after the incident, and were advised that they may be wanted to appear in court at a later date, by myself. I presented a tape of the incident to Hawthorn Police on 18/4/88, which is a duplicate (Normal cassette) and of substantially inferior quality to the original. I have made this(typed) statement and delivered it to Hawthorn Police Station between 12.30 and 2.00 A.M. on tuesday 19/4/88. Signed TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (ALSO KNOWN AS PHILIP HOSER) AND PETER SPYKER (MP). TRANSCRIPT IS DATED, 18TH JULY 1991, IN THE EVENING. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT THE HOME OF RAYMOND HOSER AT DONCASTER, AS A RESULT OF A PHONE CALL BY HOSER TO SPYKER AT HIS HOME PHONE NUMBER OF (03) 584-6282, WHICH IS A NUMBER LISTED IN THE 1990 MELBOURNE WHITE PAGES. MATERIAL UNDERLINED is not transcript. NUMBER/S IN BRACKETS ARE WHERE THE CONVERSATION CAN BE LOCATED ON THE LARGE FORMAT TAPE/S. KEY. HOSER = HOSER SPYKER = PETER SPYKER (MP) TRANSCRIPT STARTS NOW SIDE 1 (1/007) PHONE RINGING (1/011) HOSER - Hello is Peter Spyker there please. HOSER - Thanks a lot. HOSER - Hello is that Peter? SPYKER - Speaking. HOSER - Peter it's Raymond Hoser here, how are you. SPYKER - Good thanks. HOSER - I'm glad you are because I'm not. HOSER - Um, you know about me and my story. SPYKER - Yes, HOSER - You remember me don't you. SPYKER - Yes, HOSER - Right, SPYKER - Okay, well basically, ah, I'm not exactly sure what you know and what you don't, and there's just basically one simple thing I want to ask of you, um, and what I'm after, is, you know I'm after a taxi licence don't you. SPYKER - Yes, HOSER - Right, HOSER - What I'm actually after is, a licence now, as in immediately, now, are you aware that Vicroads have just stated that they want to have some Arbiter involved? SPYKER - Yes, (1/037) HOSER - Right, now, that's all very well and good, but the bottom line is, is what do I do between now and when they finally get around to having an arbiter, and, the deliberations of the arbiter which might take weeks, depending on what, what's you know what he determines as his terms of reference. HOSER - Now, what I want in the meanwhile is what they, which Vicroads are entitled to give, is what they call a temporary driver's certificate. HOSER - Are you aware, SPYKER - Did you apply for that? HOSER - Yes, yes SPYKER - And what was their response? HOSER - Well, let me explain what the situation is, the story, they, a number of them have a vendetta against me, I think that's quite clear, and, in recent correspondence from the ombudsman they acknowledge that. They acknowledge it, it's in writing, now, David O'Sullivan who is the licencing chief, do you know David O'Sullivan? (1/060) SPYKER - Well, well, like, they deal with the road, they deal with the, I've just come back from leave about an hour ago, an hour and a half ago, HOSER - Gees, I was lucky to catch you then! SPYKER - And so, I, like, I don't know what's happened, so I really can't make any comments till I check back on Monday. HOSER - Well, I just a matter of urg, look, the bank has just taken the house off of me on Monday, right, SPYKER - Well, yeh, Raymond a friend of yours in Sydney rang, JULES SEVELSON right a couple of times, and I explained to him, that because of the impasse that there's been some discussions with Vicroads to have an independant arbiter appointed, right, HOSER - Right, SPYKER - Arbitrator appointed, and I'd suggest the best way to pursue is to pursue this, now what time frame, what time table, you know you can't appoint somebody and then say look you know, we, um, I'm sure for all parties concerned they want to resolve it as quickly as possible. HOSER - But they don't. That is just it, look Peter, SPYKER - Well Raymond, you don't appoint an independant arbitrator and then say the person doesn't want to resolve it. HOSER - Sorry? SPYKER - You don't appoint an independant arbitrator to try and stretch the thing out. HOSER - Well let me put it to you this way. They have not yet named who this, who this mysterious person is, SPYKER - Right, HOSER - They have not yet set a date, now they know damm well I will sit at twelve hours notice, they know damn well that every day goes by is me further and further and further underground. Now, the key is, is when I lost my licence, in nineteen eighty nine, (1/096) SPYKER - Raymond, I'm not going all through it, because, there is no point in it. I don't issue the licences, right, I don't get involved in that because I consider that would be quite improper for me to be involved in who gets the licences, and who doesn't. You've been to see me down in my electoral office, ON 19TH APRIL 1991 , you've been, you've been to members of Parliament and they've all made representations, you've been to see senior men of Vicroads and we've considered this as the best way to, er, er, resolve the issue. HOSER - Look, look, there's no, at this point in time I'm quite happy to go before the arbiter, that is not in dispute. What is in dispute is in the interim, Vicroads have the power to issue what they call a temporary driver's certificate, which they also have the right to take off me at any stage. Now, there's no, SPYKER - They'll check that through. Like I said, I don't get involved in that, in that area, the um, you know, HOSER - Well generally there's not a need for you to, I understand that Peter. SPYKER - Well I never do. I don't intend to get involved in that now, because it would be an unending task. If I get involved in every licence. What I want to make sure is the process is done properly. HOSER - Well, Peter, I'm not trying to have a go at you. As an elected government your role is to look after the welfare of people in this state, you know, that's the whole lot, the whole population, set the policies, excetera, excetera, excetera, now, surely as an elected representative it is your duty to make sure that Bureaucrats do not victimise people such as myself and bankrupt them maliciously. SPYKER - Well as I said, I'm not going to comment on that Raymond, that would be quite improper for me to do. What, what I'll do, I'll check it out Monday and see where they are with the independant arbitrator, I'm not going to make about it. I've written back to you, you made representations to me, HOSER - Oh, you did write those letters, I've got some letters, I don't know whether they're coming from you or your staff, because some of the things in them, in those letters are simply not true. (1/140) SPYKER - Like I said, like I said, I can only judge on the information before me, and that's what I've done. HOSER - Look, obviously if the information before you is erronous, as in wrong, SPYKER - Well, it, well the independant arbitrator can decide that. HOSER - The next question though, is the main thing, is, look, the time frame of the independant arbiter is not an issue provided they issue me with a temporary driving licence in the interim. Do you understand that? SPYKER - Look I see what your saying. I'll check that through on Monday. HOSER - They definitely have the right to issue it, and, let me put it to you another way. When I spoke to er, David O'Sullivan who is the chief of the licencing section. He's directly underneath Reg Patterson, he has made it quite clear on a number of occasions that as far as he's concerned, I should get the licence. There's no if's but's or maybe's there. Now the stumbling block. You've said that you don't want to get involved, so in other words if Vicroads issues the licence tomorrow, or one way or the other that doesn't really concern you, is that right? SPYKER - Look, what I'm saying is that I don't get involved in who gives the licence or what, that's not my role. What my role is, is to make sure that whatever structure is in place works properly and efficiently. HOSER - Sure, Okay. Now having said that, so in other words, as far as the decision not to give me the licence up to this point, that is not your decision is it. SPYKER - I don't get involved in those. (171) HOSER - Right, so it's not your decision. The current decision as it stands by someone not to give me the licence is not your decision, is that right? (1/173) SPYKER - Well I said to you at the start, I don't get involved in issuing the licences. HOSER - Okay, so it's not your decision, it's obviously the Ar - Tee - Ay's decision at this point in time not to issue the licence. Is that right? GAP OF FEW SECONDS HOSER - Hmm SPYKER - Yes, HOSER - Yes, HOSER - In other words, look. You, at this stage, SPYKER - Look, I'm not going to discuss it with you further, I, I can see that you've gone through the whole process, you've seen members of Parliament, I've written to you. You've seen everybody around the place and it's for the arbitrator to decide. I'm not going to make any comments. Right. HOSER - Okay, having said that, having said that, okay so, um, at this, but you, you, as you said, your only going on the information in front of you which has come from Vicroads, is that correct? SPYKER - Well, like I said, and what, and any information you've written. Raymond I'm not going to discuss it any further. The independant arbitrator, it will deal with that. And that's the proper way to do it. HOSER - Okay, well having said that, can you please on Monday, investigate for me, and try and have for me issued, like you know, you just don't understand that I am in dire straits. SPYKER - I do well understand, I'm saying there is a proper role for a minister and a member of Parliament, but Ray there is an improper role and I have determined that right from the outset of being a minister, now standing ten years that I stand away from those sorts of processes. It would be highly improper for me to be involved in it, what I can make sure is you've complained to me at my office and make sure the proper process has been gone through. HOSER - Okay, well having said, having said what you've said, SPYKER - Yes, HOSER - Can you please on Monday ask them to issue me with a, SPYKER - I will say to them, I will say that you've rung me and will pass on your request, HOSER - For a temporary driver's certificate. SPYKER - I will pass on your request. HOSER - And that is for a temporary driver's certificate. SPYKER - Yes, HOSER - Fantastic, HOSER - And then will you get back to me either by phone on the answering machine, or, yeh, by phone basically, and then just tell me what the result of that is. SPYKER - Well, like I said, I assume that they would have written requests from you, HOSER - They've got innumerable, innumerable, SPYKER - It really is for them to deal with it. HOSER - Er, they've got a written request for er, for a temporary driver's certificate. SPYKER - And what has been their response. HOSER - Er, the letter for this week, I haven't got a response yet. SPYKER - Right, well I will draw their attention to your letters. HOSER - But for an immediate response, because basically, look there's only one man at this point in time who is the stumbling block and that is Reg Patterson. The man directly underneath him who is the chief of the entire section, SPYKER - But I'm not getting into that. HOSER - No, but, Okay, I'm not, SPYKER - I'm not getting into that, I'm not involved in issuing licences, right. HOSER - Okay, but the issue is only one man. SPYKER - Huh, HOSER - There's only one man who seems to be the problem. SPYKER - Well, I'm not getting into that Raymond, what I'm saying is the government determines how many licences are issued, who their issued to is entirely their (VICROADS) perogative too. I'm not getting involved in that at all. (1/231) SPYKER APPEARS TO HAVE HIS WIRES CROSSED AS IT IS ONLY WITH TAXI PLATES NOT DRIVER'S CERTIFICATES THAT THE GOVERNMENT HAS DETERMINED THAT ONLY A GIVEN NUMBER MAY BE ISSUED. HOSER - But you will, you will, on Monday, so, you, SPYKER - I will state, I will tell them that you've rung me, and er, and pass on your request. HOSER - For the temporary driver's certificate, SPYKER - Yes, HOSER - Fantastic. I do appreciate that. SPYKER - All right, HOSER - Okay, I'm sorry to have disturbed you at this time of night, but er, it was probably easier for me to ring you here than to ring you at your office when your, you know, running round during the day busier. SPYKER - Well, like I said, you've been down to my office at Mentone. HOSER - Yeh, I actually thought I'd be making a second appointment to see you and er, your staff didn't allow me to. SPYKER - Well, er, like I said, the way you came into my office um, the last time (UNDER THE ASSUMED NAME A. ACANTHOPHIS) wasn't really the proper way to go about things. HOSER - How do you mean? SPYKER - Well, like I said, you, you, my staff explained to you that at my local office, because of the pressures on my work, I only deal with local constituents. HOSER - And people that work in your municipality. (1/247) SPYKER - Hah, HOSER - And people that work in, SPYKER - in my local constituents, I, I deal in er, er, like I said, er, you know, the er, well I won't make any further comment, but it wasn't proper what you did. (SPYKER SAID OPPOSITE ON DAY WHEN HOSER SAW HIM - SEE THAT TAPE/TRANSCRIPT) HOSER - What coming in to see you? SPYKER - Well, like I said, my, my, precious time that I have down here is for my local constituents. You could not claim to be one of those. HOSER - Well having said that, if there was no way that I could see you at your city office, because your staff, in particular Jamie Croft, SPYKER - Well, like I said, the answer Raymond, you've have ample opportunity, I said you've got local members of parliament, and that's the proper way to go through this, you've been fairly tedious in the rotten thing as I've been advised, but, er, you cannot say that er, you haven't been given a fair go. HOSER - Well I haven't been given a fair go. Cause the bottom line is is that I haven't got the licence. HOSER - See Peter, I have gone to see these people at each step of the way because I have not got satisfaction. SPYKER - Well, well, then that may well be the case, like I said, the independant arbitrator will deal with all those issues and that's the proper way to deal with it. (1/266) HOSER - Well, when you say the independant arbiter, the arbitrator appointed by the ombudsmans department and the er, Vicroads. SPYKER - Well, yeh Vicroads have been having some discussions about it, and um it's entirely in their hands. HOSER - Yeh, so when you say independant, it's not really, it's as independant as they choose to make it. SPYKER - Well, I'm not making, look Raymond, don't make accusations now before the person's even appointed. HOSER - No, no, I haven't made any accusations, SPYKER - Well you have, against it now, that that, that by somehow because Vicroads have appointed them that person may not be independant. HOSER - Well that's a possibility. SPYKER - Right, HOSER - Not an accusation, a possibility. HOSER - Um, you know, that's like, you could make the same er, statement if I was to appoint an arbitrator, ar, there is a possibility that I might appoint someone who's biased. You know, that's a, it's a fact of, SPYKER - Well, you have to wait till the arbitrator is appointed and then you make a judgement. HOSER - Sure, yeh, I'm not, er, that's exactly what er, I've said in writing actually (SEE LETTERS SENT IN PREVIOUS FORTNIGHT TO OMBUDSMAN AND VICROADS) But as far as the, er, so on Monday you'll get back to me then in relation to the Dee Cee (DRIVER'S CERTIFICATE) SPYKER - I will pass on to Vicroads what is your request. HOSER - Fantastic, SPYKER - Okay, HOSER - Okay, will you be able to ring me back at all. SPYKER - Er, well, like I said, now, I got a number of meetings on Monday and I don't know if I can do it, I will pass on your request and ask and I'll leave it at that. HOSER - And you'll ask for an immediate response from them if possible. SPYKER - Well, like I said, the, the Vicroads usually respond immediately when I make a request. HOSER - They do usually when you make a request. SPYKER - Yes, HOSER - Oh well that's a pleasing thing to hear. They don't respond immediately to me usually. HOSER - Okay, look, I do appreciate your time Peter. SPYKER - Okay, HOSER - Thank you very much, SPYKER - Bye, HOSER - Bye, SPYKER HANGS UP HOSER HANGS UP (1/297) END OF TAPE AND TRANSCRIPT POSTSCRIPT - NO TEMPORARY DRIVER'S CERTIFICATE WAS ISSUED TO HOSER NO REPLY TO HOSER'S REQUEST - ABOVE - WAS FORTHCOMING BY ANY MEANS FROM SPYKER, THE MINISTRY OR HIS STAFF, OR VICROADS TO WHOM THE REQUEST HAD ALSO BEEN MADE. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (AKA PHILIP HOSER) AND A POLICEMAN, (VICTORIA POLICE). TRANSCRIPT IS DATED, 18/08/89, AT ABOUT 4.30 PM. INFORMATION RELATING TO THE TRANSCRIPT: IT WAS DURING A TRANSPORT STRIKE AND THERE WAS A HUGE NUMBER OF PEOPLE WAITING AT FLINDERS STREET STATION TAXI RANK FOR TAXIS. HOSER HAD MULTIPLE HIRED FOUR PEOPLE IN HIS TAXI AND WAS TRYING TO GET A FIFTH PERSON ALTHOUGH BY THE TIME THE TAPE WAS TURNED ON HE'D ALREADY WALKED THE LINE. THE POLICEMAN WHO WAS OFF DUTY GOT VERY VIOLENT AND AGGRESSIVE AT THIS STAGE WITHOUT PROVOCATION AND UPSET EVERYONE PRESENT AS IS EVIDENT ON THE TAPE. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. SIMULTANEOUS ABOVE means conversation was simultaneous to the line above, and SIMULTANEOUS BELOW means conversation was simultaneous to the line below. KEY. HOSER = RAYMOND HOSER POLICEMEN = POLICEMAN PERSON ON RANK ONE = PERSON WAITING ON TAXI RANK (MALE) PERSON ON RANK TWO = PERSON WAITING ON TAXI RANK (MALE) PASSENGER ONE = PASSENGER IN TAXI (FEMALE) PASSENGER TWO = PASSENGER IN TAXI (FEMALE) TRANSCRIPT STARTS NOW POLICEMEN - ...Let's go. HOSER - This cab is licenced for five and what did you just say to me. POLICEMAN - MUMBLING HOSER - Okay. Where are you off to. PERSON ON RANK ONE - Keysborough. HOSER - No worries. Ah, where are you off to. PERSON ON RANK TWO - MUMBLING HOSER - No worries. POLICEMAN - SHOWS HOSER HIS POLICE BADGE That's who I am. HOSER - Okay, now what did you just tell me to do? POLICEMAN - I told you piss off, you've got four on board. HOSER - That's obscene language, sir, POLICEMAN - SIMULTANEOUS ABOVE Your licenced five. POLICEMAN - No it's not, no, piss off. HOSER - Hold on, hold on, hold on, POLICEMAN - No piss off. HOSER - It's offensive language. POLICEMAN - Your driving the car. Ay, piss off. POLICEMAN - Everyone else here is waiting for a bloody taxi, piss off. HOSER - That was offensive language. POLICEMAN - Okay, your right. HOSER - Let me tell you, I'm not impressed with your attitude, Okay. POLICEMAN - Well I'm, we're not impressed with you. Smartarse. HOSER - Ooops, you swore again. That's another thing. Hnag on, that's three times you've sworn so far. HOSER GET'S INTO HIS TAXI HOSER - Right, PASSENGER ONE - What was he angry about? PASSENGER TWO - What was he going on about? HOSER - Ah he says, I'm a copper, I'm a copper, and ah, ... END OF TAPE AND TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (AKA PHILIP HOSER) AND JOHN PERRY OF THE ROAD TRAFFIC AUTHORITY (RTA) TRANSCRIPT IS DATED, 18/08/89, AT ABOUT 5.15 PM. INFORMATION RELATING TO THE TRANSCRIPT: AT TULLAMARINE AIRPORT, AT THE AUSTRALIAN AIRLINES TAXI RANK. ABOUT 500 PEOPLE WERE ON THE THREE TAXI RANKS AT THE AIRPORT WAITING FOR TAXIS AND THERE WERE EFFECTIVELY NONE VACANT IN THE AIRPORT GROUNDS AND FEW IF ANY TAXIS ARRIVING AT THE AIRPORT. (AN ARRIVAL RATE OF LESS THAN TWO PER MINUTE IN THE AIRPORT GROUNDS, AND ALL STOPPING AT THE ANSETT RANK). IT WAS DURING A 'NINE TO FIVE' AIRLINES DISPUTE. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. SIMULTANEOUS ABOVE means conversation was simultaneous to the line above, and SIMULTANEOUS BELOW means conversation was simultaneous to the line below. KEY. HOSER = RAYMOND HOSER PERRY = JOHN PERRY AAAA = PERSON WAITING ON TAXI RANK BBBB = PERSON WAITING ON TAXI RANK CCCC = PERSON WAITING ON TAXI RANK DDDD = PERSON WAITING ON TAXI RANK EEEE = PERSON WAITING ON TAXI RANK FFFF = PERSON WAITING ON TAXI RANK TRANSCRIPT STARTS NOW HOSER - I might be charging them less than that, so er, don't get so worried about that. IN RESPONSE TO PERRY TALING TO HOSER'S PASSENGERS HOSER SAID THIS TO PERRY HOSER - There we go. Make yourself at home. I'll, re-arrange, oh all right if you want, there you go. HOSER TO HIS PASSENGERS HOSER - ... suitcase, no worries. HOSER - Right, where were you off to sir? AAAA - MUMBLING HIS DESTINATION HOSER - You don't mind sharing with some others going that way. Four others, there's a big shortage. PERSON NODS Come this way, I can use your suitcase. Um, right, mm HOSER LOADING BAG INTO BOOT OF TAXI , if you can give me, oops, hold it there. There we go, I will put it down. Made to measure. Make yourself at home, we'll be off in a couple of minutes. PERRY - Some more cabs will be here, TO A PERSON WAITING ON THE RANK ASKING PERRY ABOUT THE SHORTAGE OF TAXIS HOSER - I'll call some more on the radio as well. PERRY - Yep, all right, yeh, HOSER - And, anyone else here going to the city or beyond after a taxi. BBBB - MUMBLING SOME DISTANCE FROM HOSER HOSER - Sorry? BBBB - MUMBLING STILL A DISTANCE AWAY FROM HOSER PERRY - You can't take more than that old son. HOSER - It's a five seat taxi. PERRY - Is it. HOSER - Yes. HOSER - Ah, where are you off to sir? CCCC - MUMBLING A DESTINATION HOSER - Ah, where are you off to sir? DDDD - Ah, we're togeather. HOSER - No worries. Anyone here by themself after a cab. No. HOSER - Ah, PERRY - I think you've gotta go. SIMULTANEOUS BELOW HOSER - Now where are you off to sir? EEEE - MUMBLES HIS DESTINATION HOSER - I can't help you sir. Sorry about that. And where are you off to sir? FFFF - President Hotel, Queens Road. HOSER - Yep, if you don't mind sharing with some others come this way. PERRY - Will that backpack, make it fit? HOSER - Yes, ... HOSER - If you can give me your bag FFFF - Yep, HOSER - Ah, I'll, can I fold this one. SUIT BAG Is that Okay. FFFF - Yep, yep, yep. HOSER - Great, that's all right, that case can go there, it's easy. That one can go there HOSER IS PACKING BOOT OF CAB , if you can give me that, and that, FFFF - Great thanks, HOSER - Years of packing experience here. That one goes in there, that one goes there, and that one, there we go. All right, straight to town. Come round my side sir, I'll put you in the front, there you go. Make yourself at home. Oh, gees there's some people here. You right there. There we go. HOSER - Mister Perry, can I take your picture when I come back? PERRY - Maybe. HOSER - Oh thanks, Okay I'll see you later. HOSER - Right, we're off, off yonder. Um, you'll all be home fairly quick so don't pannick about the er, fast service. HOSER - Yes, PERRY - You'd better secure that at the back there. HOSER - It is secure. PERRY - I don't think so. HOSER - There is noting strapped in there, there's only ... gear. PERRY - You either secure it or you get knocked off. Right. HOSER - How do you mean? PERRY - Or I'll knock you off for driving with an insecure load. HOSER - No worries, I'll tie it, I'll have to go the garage and get, dig up the ockie strap from the outside. That is all secure. PERRY - Well, I think it's loose on the, out the back there. HOSER - Well I've never lost a bag yet in many years of taxi driving. I think your being unfair here. PERRY - You better go and get something, all right, and you'll be off. HOSER - Now I will go straight to the garage and I will get an ocky strap. PERRY - Well you do that, all right. HOSER - Okay. HOSER - Don't worry, rest assured. Just if you can, try and load these people in a cab, cause there's three planes down up there AT ANSETT . PERRY - You just do your job. HOSER - No worries, Okay. HOSER GETS INTO HIS TAXI HOSER - All right TO HIS PASSENGER PERRY LEANS INTO HOSER'S TAXI PERRY - You just put your meter on. HOSER - I, I put it on when I start driving off. I haven't started driving off yet. Ah, I can't rip them off can I, okay. PERRY - No, put it on, that's fine, off you go. END OF TAPE AND TRANSCRIPT 27/12/88 Philip J. Hoser, (Temporary address) 63 Parkhill Road, Kew, Vic, 3101. AUSTRALIA. Dear Sir, or whom it may concern, This is not my first complaint regarding an assault by a uniformed FAC officer. This letter covers a NEW complaint regarding an assault by another FAC officer who is not known to me (by name). The incident is summarised as follows. On Sunday 18/12/88, at 7.15 P.M., an FAC man approached me as I was talking to five people, (Two ladies and three kids, togeather). The people were originally standing with luggage adjacent to the Skybus stand. No bus was present. My taxi cab was parked at the rear of the taxi rank. There was not a shortage of fares as such as there were many people emerging from the terminal. I arranged to take all five to the city for the same price as the bus immediately, and they expressed a desire to be at their hotel prior to darkness. I also agreed to take them the further distance to the hotel free of charge. I was happy with that arrangement as that allowed me sufficient time to pick up regular fares in the city at 8.10 P.M. (Fares that I pick up every week). As I was placing the luggage of the five people into the taxi, the FAC man approached us and verbally abused mself and tried to prevent the passengers from getting into my taxi. I advised the people to disregard the FAC man, and that if he in any way tried to restrain them I would have him charged with assault. He then manhandled one of the ladies, and only when I told him to let go of her did he do so. As I continued to load the luggage into the boot the officer said 'You've been here for more than two minutes, I'm booking you' and proceeded to write out a ticket. I left the scene as this was going on. The FAC man in question was carrying on in an entirely obnoxious manner and without provocation. The woman who was manhandled/assaulted indicated displeasure at the whole incident, and in particular with the FAC man. The lady was particularly disgusted at the rude and obnoxious manner of the FAC man. She was not only happy with my manner, but extremely grateful that I should save them time and hassle by taking them straight to the hotel. She was eager that I take action against the FAC officer concerned and gave me her name and address in the event of the FAC officer being taken to court. I informed her that I would take the matter further after Christmas, when I stopped working as many shifts. (5-6 per week till christmas). The scene occurred in front of a number of people and certainly did not enhance Melbourne's image to potential return tourists, business people, etc. The FAC officer concerned has caused unneccessary trouble before this date. In february of 1988, the same officer used fowl language (an offence) in front of a number of people including two whom I picked up. That same officer was again tying to impede my legitimate business. The two whom I picked up also gave me their details (names, addresses, etc,) in case further action against that officer was required. I deliberately chose not to pursue the matter in the hope that it would not recurr. However my hope of no further problems with this man proved a mere dream. Both above incidents were taped by myself, so there can be no dispute as to the facts. (I also taped subsequent conversations in the taxi between myself and my passengers, so that their initial reactions, thoughts, words, etc, can be verified). I am able to identify the FAC officer concerned, and will gladly attend any line ups, etc, as required, if he does not willingly identify himself. The name of the lady assaulted on 18/12/88 was OOI ADELINE. In order to minimise any potential inconvinience to the FAC officer concerned and in a bid to allow him to keep his job, which he may lose if prosecuted, I propose the following. He give a written apology to Mrs. Ooi Adeline, which he foreward via myself to be passed on to her. I propose that the FAC officer concerned be allowed 14 days from the date at the top of this letter to fulfill my very generous request. Failing that, I will institute proceedings against him for all offences committed. This letter has been sent to various places in order to ensure that it is treated as urgent, as well as the matters raised within. Happy new year YOURS SINCERELY TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, ALAN "NAME SUPPRESSED" AND MR. KIRNER, HUSBAND OF VICTORIAN PREMIER, JOAN KIRNER. TRANSCRIPT IS DATED, 19/1/91 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT 114 THOMPSON STREET, WILLIAMSTOWN, VICTORIA, AUSTRALIA. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. KEY. "NAME SUPPRESSED" = ALAN ANTHONY "NAME SUPPRESSED" KIRNER = MR. KIRNER TRANSCRIPT STARTS NOW "NAME SUPPRESSED" - MUMBLING "NAME SUPPRESSED" IS WALKING (1/027) DOORBELL IS RUNG, DOG BARKS KIRNER - MUMBLING "NAME SUPPRESSED" - LAUGHING Um, ah this is the place of Joan Kirner, isn't it? KIRNER - That's correct. "NAME SUPPRESSED" - Is she around at all? KIRNER - No she's not. "NAME SUPPRESSED" - Not around. "NAME SUPPRESSED" - How hard is it to get to see her? KIRNER - Well you'll have to go to her office... "NAME SUPPRESSED" - I know, but this is the only place I can see her which is confidential, and no one knows I've seen her KIRNER - ...here's her telephone number. MUMBLING (1/056) "NAME SUPPRESSED" - You've done all the hard work restoring here. KIRNER - Yes. "NAME SUPPRESSED" - You've done a beautiful job. Terrible headache though wasn't it. KIRNER - Oh, it's not finished... "NAME SUPPRESSED" - You'll never finish with an old house. KIRNER - No. (1/065) "NAME SUPPRESSED" - Lovely garden. KIRNER - Yeh, well it sort of looks after itself, except for the grass. "NAME SUPPRESSED" - I've got a fax and phone togeather, all you have to do is talk right over it and right through it, you pretend it's not there. And I get the message, anyway I can always ring back, um, KIRNER/"NAME SUPPRESSED" - MUMBLING "NAME SUPPRESSED" - Ah, well I'm a criminal, KIRNER - Yep, "NAME SUPPRESSED" - And in five years I became a criminal. I tried to expose corruption in this state, in the Victorian Roads Corporation, which was formerly RTA. Federal police, federal aviation corporation, ... "NAME SUPPRESSED" - I was a taxi driver, um, it cost me almost two hundred thousand dollars, I've got thirty convictions including about five criminal ones, I've been beaten up by people, ah, federal police, law enforcement guys, in front of people at the airport. KIRNER - MUMBLING "NAME SUPPRESSED" - I can even state quite categorically that there's corruption in the legal system in the magistrate's and county courts as well. In judges and magistrates, ah ... MUMBLING But I've been deemed not to be a fit and proper person to drive a taxi, ... I've seen some of the greatest cunts in the RTA that you wouldn't believe, to get the evidence on it is almost impossible. There are legal restrictions, ... MUMBLING "NAME SUPPRESSED" - I was harassed, persecuted, ... "NAME SUPPRESSED" - I'm the driver who pushed for the release of the hundred and fifty new taxi plates, I was the guy. They already started to put up a court case against me for assaulting a woman in a taxi, I, I beat that one in court, but because it was going on, I couldn't get a plate from the government. But at the same time they also continued to persecute. Um, because of me Mister Kirner, the taxis now are clean inside, ah, there's, there are more owner drivers put on the roads. No smoking was originally my doing. I was the first person that had a no smoking sign in the taxi. KIRNER - That's when you had a licence. "NAME SUPPRESSED" - Yes. "NAME SUPPRESSED" - The, er, seatbelts in the children's harness at the back, that was my idea, I suggested it to someone, to somebody. Um, it was my, my doing the taxi fare evasion sticker, Mr. Kirner. That was because er, Mister Williams, at the legal, the legal manager of the RTA was disgraced in front of a magistrate, ... that was when they revoked my licence the first time. KIRNER - ... "NAME SUPPRESSED" - That's right. Two and a half years ago, they revoked it the first time, and then um, they revoked it again last year, or the year before last, and I beat them. This time I let my licence expire, ... I was overseas at the time ... Saddam Hussien is a product of their doing. ... MUMBLING "NAME SUPPRESSED" - MUMBLING KIRNER - MUMBLING "NAME SUPPRESSED" - MUMBLING (1/200-1/240) I don't even know if I believe in God anymore and all that, but if I give you my word, really give you my word, it's true, it happened, and how I got it out of them you wouldn't believe, you know. ... "NAME SUPPRESSED" - All I'm after KIRNER - MUMBLING , who are you ... for, there, "NAME SUPPRESSED"/KIRNER - MUMBLING "NAME SUPPRESSED" - Neil Cole, KIRNER - Neil Cole, "NAME SUPPRESSED" - Neil Cole is an arsehole, ... MUMBLING "NAME SUPPRESSED"/KIRNER - MUMBLING. (1/272) "NAME SUPPRESSED" - The thing is, what happened, the taxi industry has corrupted very badly because there's not enough owner drivers, KIRNER - Yeh, "NAME SUPPRESSED" - And there are too many part-timers, and the part-timers they just use up, they burn em up, just use em up, in and out, and they push push push for figures. And that was one of the things, see I drove, I started in 1975, and you're, you're and old guy... You'll remember that the industry was a lot better, ... KIRNER - I never use taxis so I don't know, ... "NAME SUPPRESSED" - ... KIRNER - No ... (1/293) "NAME SUPPRESSED" - ... There were owner drivers, there were ex-servicemen who were owners. KIRNER - Right. "NAME SUPPRESSED" - And they used to pick a few of us. A lot of guys will try driving taxis, and it's too hard for them. KIRNER - Right. In a moment I've got to go inside. "NAME SUPPRESSED" - Yeh, so, I, I, I, I started driving and I plodded away, and I'll never forget a guy called Bill Flemming, who I worked for actually saying to my father, I actually showed to my father, I actually was shown how we do run things, so we can make a quid out of this, so that at least he's trying, stick me by it, now he's opening it up, so I said one night, you'll laugh, you know Caulfield Park by the Church, you know the newspaper corner. KIRNER - Yeh, well tell us, "NAME SUPPRESSED" - You know the little boy, the statue,... KIRNER - Oh yes "NAME SUPPRESSED" - At four O'Clock in the morning I opened up the door and ... LAUGHING KIRNER - MUMBLING Oh yes. "NAME SUPPRESSED" - But you know, Ah, I drove taxis when no one wants to. I put up with hell. People spat on us, people gave us hell, people la-de-dared, you know ... Laughing We spoke politics in those days, and some people, didn't tell, because they knew the old regulations. Regulations for taxis were written in the 1920's, they were an extension of the old cable tram laws. And because a taxi was a car, it was a big thing to pay a driver a what was it a dooner, KIRNER - Mm, "NAME SUPPRESSED" - A shilling, KIRNER - Yes, "NAME SUPPRESSED" - You know you almost owned him as such, and the old laws, you almost did, you really owned him, he was a full-time, he was a Chaffeur, you could almost do anything you like then and he had to ask you if he could smoke. You were allowed to smoke. But then some people who knew that, they'd implement the laws, you know, they'd give you hell, KIRNER - Mmm "NAME SUPPRESSED" - (1/331) And it wasn't until about 1986 after the first bad incident I had I started using tape recorders, you know carrying a little tape recorder, KIRNER - In the cab, "NAME SUPPRESSED" - Yeh "NAME SUPPRESSED" - Tape recorders have given these authorities no help. Too much help, you know it's given them no end of trouble, now in our legal system you can't use a tape recorder. Because they don't like it. KIRNER - No. "NAME SUPPRESSED" - I'm public enemy number one. KIRNER - Right. (1/339) TRANSCRIPT CONTINUES TRANSCRIPT CONTINUES "NAME SUPPRESSED" - I've got nothing against Joan. Joan, I've got admiration for in one respect that I approached her at the conference up at Moonee Ponds, at the Essendon Town Hall. That's where it is. KIRNER - The state conference. "NAME SUPPRESSED" - Yes, two years ago. And I pinned it upon her, and said well, Joan it's up to you, you're the environment minister. Are you or are you not going to save east Gippsland, and your government has proposed a no. Even the liberals want to save a little bit more than what you're proposing. KIRNER - No, the Liberals aren't. "NAME SUPPRESSED" - Well, KIRNER - ... I know about the forest thing. ... "NAME SUPPRESSED" - Joan saved it. She said Okay Alan, go away leave me alone, I will ah, stop it going ahead. And I said good. Because I was in the rainforest action council for a long time, not all Liberals are bad. I know a liberal, KIRNER - I'm not saying liberals are bad. All I'm saying is that the liberals environment policy is ratshit, and Murray Tien is an opportunist of the first order, because I'm in the four-wheel drive club and they believe ... and they believed hook line and sinker what she would do, ... and they go around and they support, support the bill, now that really shut off the four wheel drive club. Not that I thought that we'd do any different. "NAME SUPPRESSED" - Hang on, hang on. KIRNER - Are you with me. "NAME SUPPRESSED" - So are for forestry or against it, your for it of course. KIRNER - Look, how can you be for or against? Hi, FEMALE - Hello KIRNER - I've still got my towell on, I've gotta put on. FEMALE - LAUGHTER Is that all-right, KIRNER - Come on TO LADY FEMALE - MUMBLING - AT A DISTANCE KIRNER - Oh, right. (1/370) KIRNER - It's not a matter of being for forestry or against forestry, are you for or against blunden when you walk through the Niagra Falls. It's all a bloody balancing act. You can't be for or against it. You know it's not as black and white as that. "NAME SUPPRESSED" - MUMBLING KIRNER - Anyway, I've got to go and change, I'll pass the phone number on. "NAME SUPPRESSED" - What I need, "NAME SUPPRESSED" - ... arrested in North Melbourne and taken to the city ... LAUGHING KIRNER - I'll pass this on. I'm not guaranteeing anything. I'll just pass it on ... "NAME SUPPRESSED" - I've spoken to Spyker. Spyker considers I've got a sharp tongue. I helped Spyker get his electorate. KIRNER - Right. "NAME SUPPRESSED" - Now look, I, I, whatever's happened in the past, the thing is that Joan says that people have the right to work if they can find a job. Now I can work for quite a few people driving taxis. They don't mind in the least. Now that's all I'm asking, if she can put lot's of pressure on Spyker, she can put lot's of pressure on the Victorian Roads Corporation, just, KIRNER - Well she's got her hands full as premier, and I, I really don't think that she's going to, I, I wouldn't expect her, I wouldn't her to do things for all people who come here. If she did that for all people who come here, she might as well not be premier, she might as well be a bloody Ombudsman or something like that. "NAME SUPPRESSED" - Well, I'm the ombudsperson. KIRNER - Yeh, well. "NAME SUPPRESSED" - MUMBLING KIRNER - Anyway, I'll pass this on, and I'll tell her, if, if she's met you before she'll know. "NAME SUPPRESSED" - No, no government should really let people become, KIRNER - ... well should I go. MISC VOICES IN CONVERSATION "NAME SUPPRESSED" - ... LAUGHTER "NAME SUPPRESSED" - MUMBLING KIRNER - Ah, I broke the, KIRNER - I better leave you Alan, "NAME SUPPRESSED" - Okay, sorry about that. KIRNER - Okay, well so am I mate. (1/414) "NAME SUPPRESSED" - LAUGHING MUMBLING "NAME SUPPRESSED" - You will pass it on won't you, "NAME SUPPRESSED" - Thank you. "NAME SUPPRESSED" WALKS OFF "NAME SUPPRESSED" - If I hadn't have taped it, I don't think anyone would believe me. Whoever he was, if he's er Mister Kirner, I don't know, he's er, got a gruffy beard, balding, he's standing there in his towell, increadible, ... She might have even been Joan Kirner's daughter, she had the same build. And he left the bath on and it flooded the house LAUGHTER , I'm terrible. I'm a walking disaster. (1/449) END OF TAPE END OF TRANSCRIPT TRANSCRIPT of conversation on 19/2/89, between P. Hoser and D. Burke, inside Melbourne Airport Australian Airlines Terminal on Suday night at about 9.30 PM. Tape recorder was hand held hence the better than average quality of the recording. Tape was concealed from Burke in a clenched fist. Burke was interviewed alone at Phone booth in terminal. KEY D = Des Burke R = Philip (AKA Raymond) Hoser Conversation listed as mumbling was inaudible on the tape. ... means conversation continuing but inaudible on tape. Material in brackets is not transcript. (Start of tape) R G'day is your name Des. D Yeh R My name's Phil,how do you do. D Ah, how d'ya do Philip. R Um, you know Alan "NAME SUPPRESSED" don't you. D Ah, Alan, yeh. R Yeh D Yeh, R He, he just told me to come and speak to you now. He said you picked up this girl in St. Kilda about a year ago... D Oh, the one I was telling him about. No I picked up a sheila at the cop shop down in um Chapel Street there. R East St Kilda, D Yeh, East St. Kilda, East St. Kilda it was. R Yeh well, and has he told you the story about er how I've just been to court over over that matter. D Yeh, yeh, he did. And, well, you know I didn't know about it until, I didn't realise er, didn't know about your case or anything. But er that was just unbelievable, I mean, the Sheila she, she just got into the cab she, ... R This was, this was, this was when I, well like what happened was I went to the police station with her and after about an hour or so got kicked out. Now, you picked her up after she'd come out the police station. D Yeh, were you driving one, you, you you've been driving one three four haven't you. R Yeh, D On friday nights. R Oh, every night, every night yeh. D Every night, because it was one three four, um that she, you see, I picked, what what happened, I'm driving up Chapel Street, and a Sheila comes along and she, she looks upset and didn't really know where she was but she sort of indicated somehow that she wanted er a cab. So I pulled over, I thought she looked a bit distressed or something, she'd obviously just come out of the cop shop, and um she hopped in the cab and I said are you allright, and she said 'err' you know she'd obviously been drinking. But she was um R Where did she go? D Hang on, she went down to Prahran, some... gees, I can't remember, but I remember what happened R She never went to Surrey Hills D No, I don't think so, no no no, she she she didn't go all that far I would have noticed if she went to Surrey Hills R Yeh D She didn't go all that far. When I say all that far I think the fare was about five or six bucks. But during the er, er during the trip she told me that she'd had trouble with a er um a trip from the city in a cab, that was running her out, actually it was to Balaclava that she went. R right D Balaclava Yeh, it was down there. And what happened, um she directed me where to go and I went. But as we were going along she was saying she had trouble the cabbie because what happened she'd come from the city with her friends and um she admitted to me that she wasn't going to pay the fare, because s she wanted to um see she was, she'd had a few to drink obviously, but she obviously planned not to um pay you when you picked her up, and R What you mean she she had already, see when I picked her up she jumped and ran, she's telling everyone not to pay, not to pay, but that was at St. Kilda, what she'd she told you she'd been planning that before then? D Well what happened she said that she she knew you when she got in the cab because she said she'd been with you before and she said he multiple he, she said he always gets four or five people in the car and then goes off to wherever you go, and we decided that I wasn't going to pay the fare, that um, there were other people there they'd pay the fare and that was it. And she, she admitted that to me. But see as we were going along she was saying you know that she had trouble and er, when she ran from the cab that you'd chased her and caught her, er it was a cabbie that chased her and caught her, and then she said R That would have been me yeh. D And then she said it was um cab one three, the number of the cab was one three four silvertops, and I, I said I knew that er, I knew the cab because I used to drive it myself, and R Your another staffing driver aren't you? D Yeh, I'm a, I'm a staffing driver, yeh. R Yeh, D And er, anyway, the um, that was the point, um, I did know the cab, and I'm trying to think who was driving it. I didn't know at that stage, you'd been driving it for a while at that stage had you? R Yeh D Yeh R You've seen me haven't you (Talking over Burke) D ... Well, your out here, all the time. Yeh, But er, the point was that um as I'm going along I'm saying um, have you got money on you? and she's saying no I haven't because what happened my my friends went and the cabbie took me to the police station. R What they, what she said her friends had the money. D Yeh, she said she said her friend had money, if if she needed money, but she hasn't got any money because her friends got her money. R Yeh D And um, I said Oh, well you know, and then she she was very um I don't know, she, first of all she looked like she was crying, and she'd had a bit to drink, but then um she sort of started treating it pretty light heartedly, you know. R Yeh, and but the thing is is um, when er, um, or gees er so what she when you say she treated it light heartedly what she just thought it was all a big joke? D Well she thought it was all a big joke in that, er, she she thought it was a joke getting away with um from the cab, but um when you obviously took her to the police station she, she got very upset with that, and I think that's why she was so upset. Um R When she told you she had no money, what did you say? Didn't you didn't, wha ... D I oh gees, you know, I'm a, you know what it's bloody like on friday night like that you get a sheila in the car she says she's got no bloody money, you know what can you do, what do you do. Kick her out of the cab. Other voice (Mumbling) D They, I, all I try to do is if I see a sheila on the side of the road and ... I'll take them locally if their not far away or whatever ev, if they tell you they haven't got any money. R yeh, see ya later, yeh, sorry D See ya Al. And they, I mean she didn't tell me till we just got near home that she didn't have any money, I mean you know. R Yeh it wasn't home she went to. Um, so so what you never got a cent out of her, what, when you got her what did she do, she jump out the cab or what? D No, when she got there I said Oh well if you give me my name and address will you send it to me, and she said yeh Okay, and I gave her my name and address. R And have you got any money D No R Oh, so um gees, er, were when she jumped and ran did she give a reason or it or or, did she tell you all about how, how I dragged her to the police station and all that sort of thing, anything like that. D Oh she reckons she she tried to get away from you and she punched and kicked and did what she could to bloody stop you, you know she told you piss off and everything like that and you you kept coming and and grabbed her and took her to the police station. R Yeh ... I'll tell you what, she, what happened was she was dragging herself to the ground right and kicking me and everything oh, it was it was just it was bizarre D (Talking over) I don't know she she was a bit unusual because she seemed to me to um to one minute she was sort of upset and everything and the next minute she was sort of laughing about it, you know. R (Talking over) I'll tell you what, she was pretty upset when I took her to the police station though. Um, she was spewing, er, ... Look I don't know what Alan's told you, but I've just been to court you know over this thing, the case was an absolute farce, ah what happened was is was I had an independant witness, the whole thing just fell to pieces, they must have trumped up the whole lot, but what happened was is right at the end, the magistrate says right your guilty you beat the living daylights out of her you stole all her money, which is all crap, you stole her money out of her, ah your jailed for for four weeks and two weeks, six weeks jail, ah, when I got up and I said D (Talking over) Are you serious R Yeh, and and to make things worse though D (Talking over) But she said she didn't have any money because her friend had her money. R Well we know that, look, (Talking over Burke) I know what happened, what happened was is there and then she jumps and runs she entices her friends to jump and run, and she gets up in court all very nice, she says 'Oh yes, no I wouldn't dream of of of avoiding fares, and oh no, the cab driver was an absolute nutcase, he beat the living daylights out of me, kicked the daylights out of me, and yet her own doctor said 'No injuries, no injuries' R (Continuing) And this, it was just bizarre, and what really what really got me, is the barrister, we had a barrister, a female barrister, she got up and said look, I reckon, after the case she reckons look with a finding like that you can only conclude that the judge has been, the judge as in magistrate paid off or spoken to someone, and then the police officer Bingley, who was involved with the RTA in laying the whole lot, he gets up out of court and says oh yeh, you know the whole thing was just so that you know we could take away your cab licence we paid off the judge, we paid him heaps, D (Talking over) Are you serious R Yes D The cop? R The cop He says standing there outside the court, saying oh yeh, look, I paid, I paid him heaps, it was worth it to see you go to jail. I couldn't believe it, (Burke being talked over at end sentance). D Oh look, I don't know about that, but Jesus, it seems a bit much to me. R (Talking over) Anyway look the thing is, D Yeh R You know I lodged an appeal on it straight away, because er, um well I've got to. I'm not going to go to jail and loose my licence for this stupid thing. Um, I don't know when, it will probably come up in six months or so, probably three to six months, will you come to court for me? D No fucking way. I'm not getting fucking involved in all this shit. You know, look, you look a nice bloke to me and I'll see you round and er I'll drink with you, but shit you get into court. Not in your sweet fivvy. Go to bloody court, you know what their like, um R Yeh D You know yourself, I don't I don't want to highlight myself. I want to get a I want to get the opportunity of being able to get a a plate some time in the future. You know. R Um geeseus Well fair enough, um, D You know, you know, I R No, no mumbling D ... I can see your point, but Jesus no. I I you know. Fairs fair. R This girl, do you remember the street you took her to in Balaclava. D Look I didn't, because I, Jeesus, your talking about a while ago I remember the I remember the um, it it was a very unusual fare, I remember picking her up, I remember talking to her, I remember driving her R (Talking over) Mumbling D I can't remember the, no I can't remember the street I took her to. R See where I was I just walked out D She ... R (Continuing) I just walked out of the police station with her at the same time, and she says, screaming abuse at me saying ha ha sucked in serves you right, blaa blaa blaa blaa, and and it was just quite amazing that um, you know she she just she just thought it was ... I just got in my cab and drove off, you must have come up about ah probably another minute after after I ah ah left. D When was this? Can you tell me the right date the date it occurrred. R No, I can't remember the date, I know it was a friday in November, ah D That would have been '87. R November, eighty, gees I think it must have been '87, yeh, November '87 it was, and er, it was a busy night, you know this is what pissed me off. I went to the police station I spent an hour or two there D (Talking over) ... thats the whole point, you know, I, whenever I have trouble I just pis them off. You know Okay, so I copped, I copped a five or six buck fare then, that I had to er, R Yeh, yeh, ar, D You know I a, you cop it sweet, If I go and grab her and take down to the police station and say look she hasn't paid her five or six bucks, what the bloody hell do they do? I've done it before. They're not interested. R Another mate of mine, he took a girl to the police station for not paying the fare, and when they get there she says, Oh he tried to rape me, and the cop says did you really, and the cab driver says I only want the fare, the cop says oh well, conflict of evidence can't do anything, end of story. Okay look, look their coming out now. Thanks for your help. I'll I'll speak to you later. D ... Righto, you might get a multi, see ya mate. (End of tape recording) R (Continuing) And this, it was just bizarre, and what really what really got me, is the barrister, we had a barrister, a female barrister, she got up and said look, I reckon, after the case she reckons look with a finding like that you can only conclude that the judge has been, the judge as in magistrate paid off or spoken to someone, and then the police officer Bingley, who was involved with the RTA in laying the whole lot, he gets up out of court and says oh yeh, you know the whole thing was just so that you know we could take away your cab licence we paid off the judge, we paid him heaps, D (Talking over) Are you serious R Yes D The cop? R The cop He says standing there outside the court, saying oh yeh, look, I paid, I paid him heaps, it was worth it to see you go to jail. I couldn't believe it, (Burke being talked over at end sentance). D Oh look, I don't know about that, but Jesus, it seems a bit much to me. R (Talking over) Anyway look the thing is, D Yeh R You know I lodged an appeal on it straight away, because er, um well I've got to. I'm not going to go to jail and loose my licence for this stupid thing. Um, I don't know when, it will probably come up in six months or so, probably three to six months, will you come to court for me? D No fucking way. I'm not getting fucking involved in all this shit. You know, look, you look a nice bloke to me and I'll see you round and er I'll drink with you, but shit you get into court. Not in your sweet fivvy. Go to bloody court, you know what their like, um R Yeh D You know yourself, I don't I don't want to highlight myself. I want to get a I want to get the opportunity of being able to get a a plate some time in the future. You know. R Um geeseus Well fair enough, um, D You know, you know, I R No, no mumbling D ... I can see your point, but Jesus no. I I you know. Fairs fair. R This girl, do you remember the street you took her to in Balaclava. D Look I didn't, because I, Jeesus, your talking about a while ago I remember the I remember the um, it it was a very unusual fare, I remember picking her up, I remember talking to her, I remember driving her R (Talking over) Mumbling D I can't remember the, no I can't remember the street I took her to. R See where I was I just walked out D She ... R (Continuing) I just walked out of the police station with her at the same time, and she says, screaming abuse at me saying ha ha sucked in serves you right, blaa blaa blaa blaa, and and it was just quite amazing that um, you know she she just she just thought it was ... I just got in my cab and drove off, you must have come up about ah probably another minute after after I ah ah left. D When was this? Can you tell me the right date the date it occurrred. R No, I can't remember the date, I know it was a friday in November, ah D That would have been '87. R November, eighty, gees I think it must have been '87, yeh, November '87 it was, and er, it was a busy night, you know this is what pissed me off. I went to the police station I spent an hour or two there D (Talking over) ... thats the whole point, you know, I, whenever I have trouble I just pis them off. You know Okay, so I copped, I copped a five or six buck fare then, that I had to er, R Yeh, yeh, ar, D You know I a, you cop it sweet, If I go and grab her and take down to the police station and say look she hasn't paid her five or six bucks, what the bloody hell do they do? I've done it before. They're not interested. R Another mate of mine, he took a girl to the police station for not paying the fare, and when they get there she says, Oh he tried to rape me, and the cop says did you really, and the cab driver says I only want the fare, the cop says oh well, conflict of evidence can't do anything, end of story. Okay look, look their coming out now. Thanks for your help. I'll I'll speak to you later. D ... Righto, you might get a multi, see ya mate. (End of tape recording) R (Continuing) And this, it was just bizarre, and what really what really got me, is the barrister, we had a barrister, a female barrister, she got up and said look, I reckon, after the case she reckons look with a finding like that you can only conclude that the judge has been, the judge as in magistrate paid off or spoken to someone, and then the police officer Bingley, who was involved with the RTA in laying the whole lot, he gets up out of court and says oh yeh, you know the whole thing was just so that you know we could take away your cab licence we paid off the judge, we paid him heaps, D (Talking over) Are you serious R Yes D The cop? R The cop He says standing there outside the court, saying oh yeh, look, I paid, I paid him heaps, it was worth it to see you go to jail. I couldn't believe it, (Burke being talked over at end sentance). D Oh look, I don't know about that, but Jesus, it seems a bit much to me. R (Talking over) Anyway look the thing is, D Yeh R You know I lodged an appeal on it straight away, because er, um well I've got to. I'm not going to go to jail and loose my licence for this stupid thing. Um, I don't know when, it will probably come up in six months or so, probably three to six months, will you come to court for me? D No fucking way. I'm not getting fucking involved in all this shit. You know, look, you look a nice bloke to me and I'll see you round and er I'll drink with you, but shit you get into court. Not in your sweet fivvy. Go to bloody court, you know what their like, um R Yeh D You know yourself, I don't I don't want to highlight myself. I want to get a I want to get the opportunity of being able to get a a plate some time in the future. You know. R Um geeseus Well fair enough, um, D You know, you know, I R No, no mumbling D ... I can see your point, but Jesus no. I I you know. Fairs fair. R This girl, do you remember the street you took her to in Balaclava. D Look I didn't, because I, Jeesus, your talking about a while ago I remember the I remember the um, it it was a very unusual fare, I remember picking her up, I remember talking to her, I remember driving her R (Talking over) Mumbling D I can't remember the, no I can't remember the street I took her to. R See where I was I just walked out D She ... R (Continuing) I just walked out of the police station with her at the same time, and she says, screaming abuse at me saying ha ha sucked in serves you right, blaa blaa blaa blaa, and and it was just quite amazing that um, you know she she just she just thought it was ... I just got in my cab and drove off, you must have come up about ah probably another minute after after I ah ah left. D When was this? Can you tell me the right date the date it occurrred. R No, I can't remember the date, I know it was a friday in November, ah D That would have been '87. R November, eighty, gees I think it must have been '87, yeh, November '87 it was, and er, it was a busy night, you know this is what pissed me off. I went to the police station I spent an hour or two there D (Talking over) ... thats the whole point, you know, I, whenever I have trouble I just pis them off. You know Okay, so I copped, I copped a five or six buck fare then, that I had to er, R Yeh, yeh, ar, D You know I a, you cop it sweet, If I go and grab her and take down to the police station and say look she hasn't paid her five or six bucks, what the bloody hell do they do? I've done it before. They're not interested. R Another mate of mine, he took a girl to the police station for not paying the fare, and when they get there she says, Oh he tried to rape me, and the cop says did you really, and the cab driver says I only want the fare, the cop says oh well, conflict of evidence can't do anything, end of story. Okay look, look their coming out now. Thanks for your help. I'll I'll speak to you later. D ... Righto, you might get a multi, see ya mate. (End of tape recording) TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND (AKA PHILIP) HOSER, AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, 19/06/91. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT VICROADS OFFICES IN CARLTON, MELBOURNE, VICTORIA, AUSTRALIA. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. TAPE DURATION IS ABOUT 60 MINUTES AND TAKEN FROM ONE SIDE OF A MICRO TAPE. EXCERPTS ONLY SEPARATED BY '#*#'. Material between '#*#' is complete. KEY. O'SULLIVAN = DAVID O'SULLIVAN HOSER = RAYMOND (AKA PHILIP) HOSER VOICE = UNKNOWN VICROADS EMPLOYEE (ASSUMED) TRANSCRIPT STARTS NOW (1/001) HOSER WALKS INTO RTA OFFICE (1/0115) HOSER - Which floor is David O'Sullivan on? VOICE - Third HOSER - I wasn't sure. MUMBLING HOSER STILL WALKING (1/126) HOSER - Knock, knock. O'SULLIVAN - Come in my boy.. HOSER - How are you? #*# (1/159) O'SULLIVAN - How are we going to get you a re-instated, HOSER - Taxi licence. O'SULLIVAN - Yeh, taxi licence. HOSER - Right, you tell me, that's what you want to talk about. O'SULLIVAN - Well, we're the powers that be. HOSER - Yes, your the powers that be. O'SULLIVAN - Well, I'm, I'm disposed to give you some sort of a time limit on this, well this is not a bloody life sentence on it. HOSER - Alright. O'SULLIVAN - I reckon, there's gotta be a reasonable period of time during which your a good guy, keep your nose clean, HOSER - Well, (1/174) O'SULLIVAN - After which time we give you back your Dee Cee again. HOSER - Right I've still got problems then. O'SULLIVAN - What. HOSER - Well, I've been a good guy all along. That's where the problem is. Now, O'SULLIVAN - You haven't been, I don't think you've bee a naughty boy, you haven't been a naughty boy. HOSER - Well, thank you. Let me tell you what the problem is. I shouldn't pay for years for not doing anything wrong. You've heard the story, do the crime, do the time, right. O'SULLIVAN - right, HOSER - Okay, now, If I've done a crime, fair enough, I do the time. If I haven't done a crime and I still do the time, O'SULLIVAN - Mmm, HOSER - Well what happens? #*# (1/217) O'SULLIVAN - My understanding was that you ceased to have a Dee Cee, because of the loss of your Victorian driving licence as a result of your loss of your New South Wales driving licence. HOSER - That's right. Because I had lost my New South Wales driving licence. 0'SULLIVAN - We can't issue a Dee Cee to anyone who doesn't have a Victorian licence. HOSER - That's right, that's right, right. Now do you know what the suspension of the New South Wales licence was for? O'SULLIVAN - No I don't. HOSER - Okay I'm telling you, O'SULLIVAN - I don't really know. HOSER - I'm telling you. Okay this is what I'm going to tell you. That was due to a conviction when I was in Victoria. O'SULLIVAN - Yes. HOSER - Right. I was in Victoria. I was driving taxis minding my own business, I was convicted of, don't ask me, I don't even know. I was convicted and sentenced and had my licence suspended for four years. O'SULLIVAN - Driving whilst unlicenced. HOSER - Something to that effect, but I'm not sure of the specific allegations, right. But I wasn't there in court. If I'm not there in court, I can't hear the allegations, do you know what I mean? O'SULLIVAN - I understand that. I understand that perfectly. HOSER - Now, that was taken off me in October eighty four, ah, eighty, O'SULLIVAN - Nine, HOSER - Eighty nine, thank you very much, O'SULLIVAN - That's allright. HOSER - Eighty nine, and so, I went to court, I objected straight away, and then I said why should I pay the price for a crime I had't committed, the powers that be, as in the magistrate, said fine, I understand what you've said, I am the magistrate, I am restricted, I cannot give you a licence to drive while you are suspended from driving in New South Wales, therefore you will not be able to drive in Victoria until one of two things happen. The suspension expires, in other words, you do your time, or you get it up before a court and you get it chucked out, reduce it, change it or something. O'SULLIVAN - Right. (1/254) HOSER - So, I thought well that's all right, I'll get up before a court and the worst that can happen is that if someone comes up with some gross crap, they'll have to reduce it from four years, to something, and if they reduce it to three years that will put me in black again, do you know what I mean? O'SULLIVAN - Right. HOSER - So what happened was, I lodged the application. The way the buraucracy works, by the time they had referred it back to Redfern court it had expired. So there was no point in taking the matter further, in running up to New South Wales to try and change a previous thing that no longer applied. O'SULLIVAN - I see. HOSER - I walked into you in November last year, got my driver's licence and applied for my Dee Cee. O'SULLIVAN - Right. HOSER - I had done my time. O'SULLIVAN - Yes. HOSER - That is on an assumption, and I say a false assumption that I had committed a crime. HOSER - Okay? O'SULLIVAN - Yes, HOSER - Now, going back to being a good boy. The bottom line is, that in Victoria, driving a taxi in the period since I armed myself with listening devices, they haven't been able to get me for a damnned thing. O'SULLIVAN - Yes. HOSER - They haven't been able to get me for an overcharging, a fare evasion, an assault, nothing. They can't get me. So you have to look at the situation. I was driving full time for two years, sixty hours a week for two years, O'SULLIVAN - Yes. HOSER - Now if I was going to do something wrong, I would have done it. The proof in the pudding, if I was such a bad guy, why is it that the same people would go up to Spencer Street and Flinders Street and at the races and at the airport and they would wait for me, and not get in any other cab, even though there were other cabs waiting, and then they would multiple hire with me, multiple hire with me. Every week. O'SULLIVAN - I don't dispute that. Let's get back to where I'm coming from. HOSER - Yes, what I'm getting at. I've been keeping my nose clean for years. O'SULLIVAN - Let's say, we refused to issu your Dee Cee in December 1990. Since you've already done, seven months, have you been convicted or done anything in the last six or seven months. HOSER - New convictions? O'SULLIVAN - Are you clean? HOSER - I am perfectly clean. Nothing new. O'SULLIVAN - Right. (1/297) #*# (1/375) O'SULLIVAN - A conviction is a conviction. We can with-hold a Dee Cee for farting in church. HOSER - I'm aware of that. But you must be relevant. If I have a conviction for parking on a footpath, O'SULLIVAN - Well that will do. HOSER - You can't with-hold a Dee Cee on that. O'SULLIVAN - We can, we can with-hold a dee cee for farting in church if we want to. We have a responsibility to the community to make sure that each and every taxi driver in this fair state is a fit and proper person to drive a taxi. Would you want to be with a taxi driver who farts every half minute? HOSER - But seriously, I understand everything you've said. The R T A, O'SULLIVAN - What I'm looking for, HOSER - I know what you're telling me, O'SULLIVAN - All I'm looking for is a way in which we can go through some sort of bloody process, so that we can re-instate your Dee Cee. HOSER - Thank you. O'SULLIVAN - I have spoken to Reg about this and he agrees with me. (1/390) O'SULLIVAN - At the moment we've got nowhere to go. HOSER - But why. HOSER - You've got taxi drivers out there now, you've got assualt convictions, and christ knows what. O'SULLIVAN - I don't know about them, I don't monitor them. #*# CONTINUES (1/450) DISCUSSION OF 1990-1991 ASHTON ASSAULTS OF HOSER (1/554) HOSER - This is what is sought, a Dee Cee on the spot, a letter of apology for all the harassment over the last five years, and compensation from you. Now I know I'm not going to get that, but that is what is sought. O'SULLIVAN - Okay, one out of three is not too bad. HOSER - One out of three is better than none. O'SULLIVAN - That's right. I agree. HOSER - But that is what is a fair thing. #*# (1/566) O'SULLIVAN - I've already said to you,in terms of the Victoria police, and our men, what you call blatent harassment, I wouldn't term as blatent harassment, but I would call it over zealousness. I am aware of the situation. I am not in the business of bankrupting you forever. Look, I'll be honest with you. I don't believe you are a bad guy. I believe you are a bit crazy sometimes, but I wouldn't say a bad guy. HOSER - Why do you say I'm a bit crazy? O'SULLIVAN - Because, well I can understand it, I didn't say why I thought you had reacted the way you had reacted, HOSER - Crazy, O'SULLIVAN - No, no, I didn't mean crazy in terms of being insane, I meant crazy in terms of the manner which would result from harassment, er, over the top. HOSER - Describe the incident. HOSER - Would you describe as being over the top my pursuit, O'SULLIVAN - Yes, HOSER - My pursuit of justice I suppose. O'SULLIVAN - Yes, I think that's right. I've said that, I think we, R T A are responsible for your over-reaction in some kinds of behaviour you do, charging with assault. HOSER - I'm not denying that not many people would go to the lengths as myself to right wrong. O'SULLIVAN - Mmm, mm. HOSER - Most people would wear their losses and walk off. O'SULLIVAN - And I'll say it again, I don't believe that you are a bad person. HOSER - Good. I will say, that not neccessarily you, but certainly Reg Patterson is a bad guy. I certainly regard most of the enforcement guys as bad guys. O'SULLIVAN - I think some of them are. I think you're wrong about Reg. He's a bit like me. Looking for somewhere to go. I'm looking for somewhere to go. HOSER - All you have to do is admit your wrong, you beat the shit out of me at the Melbourne Cup, you got the Kew police to have a go at me, or indirectly you got the kew police, who certainly had an involvement with Vicroads, you've given me a heck of a hard time for five years, now, Okay, Reg Patterson didn't beat the shit out of me, but ultimately he is responsible. Now, I don't even know if he was head of Vicroads when I got beaten up, but he is now head, O'SULLIVAN - Yes, HOSER - He is now head of the department, he is responsible for it. Now that doesn't mean I'm going to turn around and say to Reg, I'm going to sue you for all the damage I've suffered, I'm not saying that. But it's like a prime minister, he takes control of a country, he is responsible for what is there, and what has been. Now basically, you've been working on convictions list, you have a convictions list. Now the bottom line is, that you have an overwhelming question of relevance. O'SULLIVAN - Right. HOSER - You cannot with-hold a taxi licence on the basis of those convictions. O'SULLIVAN - That's the problem. I'm saying that I must. That is the problem. HOSER - If I have a conviction for parking on a footpath, you must with-hold a licence, is that what your trying to say? O'SULLIVAN - Yes. I can choose to with-hold a taxi licence because of a parking offence. Because it could lead me to believe that you aren't fit and proper. O'SULLIVAN - Now that's the bloody problem. HOSER - Okay what is your definition of a fit and proper person. What is a fit and proper person. O'SULLIVAN - A person whom I'm quite happy with. That appears to include you. HOSER - That's your definition of fit and proper. O'SULLIVAN - yes it is HOSER - Fine, when will the department be convinced that I'm fit and proper... #*# (1/641) HOSER - Well, six of them, one of me, who are they going to side with? O'SULLIVAN - They sided with you didn't they? HOSER - I had a tape recorder, that's why. O'SULLIVAN - Yes. HOSER - No tape recorder, five of them from the Road Traffic Authority allege my assault. O'SULLIVAN - Them. HOSER - That's right. That's exactly how they convicted me of those offences. Now at no time since I have been tape recording have they been able to do a thing. If I hadn't had a tape recording, I would have been convicted of assaulting the kew police. O'SULLIVAN - Now let's not debate that issue, HOSER - It saved me two and a half grand it did, (1/651) (2/034) O'SULLIVAN - Let's look after you first. Let's give you some sort of undertaking, If we re-instate your Dee Cee, why can't we impose the view, what I'm trying to say is, I'm quite happy to give you a piece of paper which says that we will not harass you, we will leave you alone. HOSER - I don't want to be above the law, I just want to be normal. O'SULLIVAN - No, but you want to be able to get into a taxi and be able to drive without being harassed. HOSER - I want to be able to park at Tullamarine airport, go and have a shit and not have George Olsen standing there and saying I'm gonna give you a ticket for ah, driving whilst indecent, and because, your, your taxi fare sticker is partially obscured by the black strip off the strip of the car we're going to put you off the road for a weekend. (2/060) #*# (2/069) O'SULLIVAN - What I am telling you is, is that I am quite happy to give you an undertaking that we will leave you alone. #*# HOSER - Everything I own is on the market. I have lost everything. And it's solely because of you guys with-holding my Dee Cee. If I had that in December, which I was entitled to, I've done the time, for a crime I hadn't committed, I wouln't be in the shit I'm in now, financially, Okay. HOSER - I am holding you as in Vicroads one hundred percent responsible. Okay. O'SULLIVAN - Fair enough. RE HOSER'S FINANCIAL PLIGHT (2/090) #*# (2/209) HOSER - What is the actual hurdle to stop me from getting my Dee Cee now? O'SULLIVAN - I'm not sure there is one. HOSER - Right. #*# (2/437) HOSER - What else you can do, is specify in writing those specific convictions that you allege I didn't tell you about IN NOV/DECEMBER 1990 O'SULLIVAN - Mmm. hmm. all right. HOSER - Those specific convictions. What I would reccomend you do is, is you read the correspondence I gave you in November and December last year. O'SULLIVAN - Right. HOSER - From what I saw, and I went through that there is nothing there, there is nothing I haven't told you about. And what I've got here is a letter or application for a Dee Cee, and this is, what do we have here, this is two forms, to go with it, these are R T A forms, these are copied signed, and I've put today's date, so it's a new application. Now another thing. Did you end up seeing that petition? O'SULLIVAN - No I didn't, no. HOSER - I'm suprised. O'SULLIVAN - MUMBLING HOSER - Well a copy was presented to Spyker, well, ah, one of his offsiders, well I think it went through Jamie Croft. Do you know Jamie Croft at all? O'SULLIVAN - Yes, HOSER - Well, knowing the sort of character Jamie Croft is it could have gone anywhere. In fact between you and I, I wouldn't trust him further than I could throw him. O'SULLIVAN - Right. #*# (2/511) HOSER - Nine thirty, O'SULLIVAN - Nine thirty will be all right. Now we'll do what I said we were going to do for your Dee Cee. HOSER - So, what now? O'SULLIVAN - It might be our last meeting. HOSER - So hopefully I might have a Dee Cee and a letter of apology and the whole lot. O'SULLIVAN - Yes, #*# (2/633) END OF TAPE TAPE TRANSCRIPT OF CONVERSATION ON 19TH SEPTEMBER 1990 BETWEEN RAYMOND HOSER (AKA PHILIP) AND BARBARA OLDFIELD, FORMERLY A SENIOR POLICE OFFICER IN VICTORIA. TRANSCRIPT IS DATED, 19/09/90. TAPE IS MARKED (PM). DURATION OF WHOLE TAPE WAS ABOUT 60 MINUTES, WITH CONVERSATION LASTING ABOUT 90 MINUTES. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT AND ADJACENT TO THE FREEMASON'S HOSPITAL IN EAST MELBOURNE AND IN OLDFIELD'S CAR. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. EXCERPTS ONLY SERPARATED BY '#*#' KEY. HOSER = RAYMOND (AKA PHILIP) HOSER OLDFIELD = BARBARA OLDFIELD TRANSCRIPT STARTS NOW #*# (1/201) HOSER - Well, what's news? OLDFIELD - Yeh. HOSER - Tell me all your news and what's happening. You know all mine don't you? OLDFIELD - Pardon. HOSER - You know all my news. OLDFIELD - No, no, HOSER - Oh, right, in the beginning I went and saw your friend Mister Baysham. And he said, oh yeh, no worries, we'll prosecute him. Kept saying, he said no problem we'll prosecute him. The words he used is this guy is a dickhead he shouldn't be in the force, not those exact words okay, words to the effect of, OLDFIELD - Mmm HOSER - Ah, this guy's a dickhead, bla, bla, bla. So he took all the details, he took the tape, you know he checked the tape, he said, yes the tape's fine. No problems. Then what happened was, #*# (1/247) HOSER - Now that's the main thrust, that's the main thrust of the story. OLDFIELD - Well Baysham's done it and blown it. OLDFIELD - He's absolutely blown it. HOSER - But there's more to it, that's the main thrust of the story. There's stacks of other twists. Stacks. But then, where are you off to, where are you heading for? OLDFIELD - My car, ... HOSER - So then, #*# (1/315) HOSER - He's been promoted twice since. (BINGLEY) This is what you've got. A rotten force. OLDFIELD - I haven't got it any more, HOSER - No I know. OLDFIELD - LAUGHTER HOSER - No I know. Alan told me, he said to me you've left as of today or something, is that right? OLDFIELD - Yes, yes, yes. HOSER - He said you've left as of today and going to Queensland. OLDFIELD - Yes, HOSER - So you're leaving this rotten hole behind. OLDFIELD - Yes, yes, because it's too entrenched. You won't win. HOSER - I know, but what do I do. OLDFIELD - Well, how much do you depend on taxis. HOSER - But I'm not working in cabs now, they've taken my licence off me. You see the thing is they can still get me, they get me, you know what they're like. OLDFIELD - I know HOSER - They will get you till you're dead and buried. (1/326) OLDFIELD - One thing that they will do though is drop off you when they don't see you round. HOSER - When they don't see you, they don't get you, that's correct. OLDFIELD - Mmm, mmm OLDFIELD - And usually they end up with bigger troubles elsewhere, so, HOSER - Yeh, they make new wars elsewhere, that's right, OLDFIELD - Yeh, yeh. HOSER - The problem is that I've lodged so many left right and centre and you have to do that, see what, I'm practically in a corner. I've got millions of better things to do than going round writing letters to the Ombudsman and all this sort of rubbish because all of this cover ups, you know, OLDFIELD - Yeh, OLDFIELD - There's just no climate for repair at the moment, you know, a couple of years ago things were looking good, it looked as if they were just about to, you know to begin to get over the first hump, to begin to really get stuck into things, but it's just gone backwards. HOSER - Why is that? OLDFIELD - Our illustrious leader. HOSER - Cain? OLDFIELD - Not only Cain. His puppet, Glare. HOSER - So what about Mick Miller, what was he like? OLDFIELD - Miller was fine. HOSER - He was all right? OLDFIELD - Yeh. HOSER - See he was before my time. OLDFIELD - Yeh. He was fine, (1/405) OLDFIELD - Until Victoria are prepared to change their policing style. HOSER - How do you mean? OLDFIELD - Well at the moment police forces are accountable to governments, see, HOSER - How do you mean accountable to governments, they're not accountable to anyone!, really, OLDFIELD - Sneakily over the last few years, governments have been as bad as the police forces have, that they've changed the whole system of who in the hell a cop is working for. The police traditionally should work for the community, they should be accountable to the community. HOSER - That's right, OLDFIELD - Yeh, what's happened in Victoria over about the last 15 years is that it has slowly been eroded away and, HOSER - See what it is though, OLDFIELD - Mick Miller was a very strong straight leader, it was okay in Victoria, and they let a whole lot of the safeguards drop simply because nobody could get past Mick Miller anyhow. He was as straight as a dye and nobody bothered too much to keep their guards up and ensure that they'd maintain that integrity. As soon as he went, it went, you know, in, this little ratbag Glare and his little enterage and the end result is it's back to the old bad fifties. HOSER - Where did Kel Glare come from? OLDFIELD - Well Kel Glare came from the legal section. He's a bloody lawyer. HOSER - And so what, how does. OLDFIELD - Well he's got no concept of what policing's all about. And that's his bloody brother whose in the paper for taking bribes with coppers and up on heavy drug charges. (1/429) HOSER - When was this? OLDFIELD - Oh, the Higgins, Glare and Strang and a couple of others. HOSER - That's Kel Glare's brother. OLDFIELD - Yeh, and that's Kel Glare's brother he was jumped out of the force as a first connie. HOSER - As a whattie, OLDFIELD - First constable HOSER - When did all this happen? OLDFIELD - About fifteen years ago. HOSER - So how comes it hasn't, why hasn't it rubbed off on Kel Glare or anything? OLDFIELD - Oh, well Kel Glare runs around strutting like a little pidgeon saying he's squeaky clean and he's dead straight, and, HOSER - all crooks do that. OLDFIELD - Yes, and he's gotten away with it I'm afraid. But nothing, you know, it's open slather now, these blokes can virtually do as they please, Baysham was about the last straw in internal investigations to keep things on the straight and narrow. The only problem with him is, sometimes he gets so enthusiastic he bloody shoots his mouth, and that's what he's obviously done, he's fucked it. You know he said, Oh we're gonna have this bloke, I've got him, but they, fixed Baysham. HOSER - Faulkoner? OLDFIELD - Yeh, bloody Falkoner. HOSER - Because Faulkoner's a shithead. OLDFIELD - I know Faulkoner's a shithead. OLDFIELD - Oh, he's been pulled in line. HOSER - That's exactly what's happened. OLDFIELD - Yeh, HOSER - That's exactly what happened, and Baysham's like no comment, tried to trip me up. OLDFIELD - That's right. No he's been, he's been gagged. He's been brought down. Well that's about the last straw. I can't think of another honest copper in internal investigations. HOSER - How many are there? OLDFIELD - Ooh, about sixty HOSER - Sixty. In internal investigations for nine thousand police? OLDFIELD - Mmm, HOSER - That's a heck of a lot isn't it. OLDFIELD - Mmm, HOSER - How comes is such a big section? OLDFIELD - Well because their prime function is to write everything off. HOSER - Yeh, to whitewash everything. OLDFIELD - Yeh. That takes a lot of man hours and a lot of lying. OLDFIELD - and they've got to set things up like let's get this bloke in Kew, LAUGHTER , that takes time. HOSER - I know that. The amount of paperwork and time and all the letters and stuff and they still make mistakes, (1/457) #*# (1/463) OLDFIELD - You see Fitzgerald, er, Queensland was never as bad as Victoria anyhow, it's just that, HOSER - The shit hit the fan there OLDFIELD - They've never really ever had a bad blue up there about anything, and because it went from Government right through to the police department and included the chief commissioner, or the commissioner up there, well you know, the whole nation thought it was the most dreadful thing on earth, but it's not as bad as it seems because ninety per cent of the coppers up there are country coppers and if they don't get on with their bloody community, they can't move out of their police station, because help, HOSER - I never had hassles, I never, OLDFIELD - Yeh, help for a policeman in Queensland is usually four hours away, so they've gotta literally, treat, HOSER - Get on with the locals, OLDFIELD - Tread the straight and narrow line, otherwise the locals won't support them. HOSER - Well, I've lived in Queensland, and I never had, I was pulled up by a copper once for driving too slow, OLDFIELD - Yep, HOSER - and that was the only encounter I had with the cops when I lived there for six months, OLDFIELD - Yeh, yeh, HOSER - And, OLDFIELD - I mean they've got some real problems in some areas, sure, they had a particularly corrupt group in the whole vice and gambling stuff up there's out of control, um, but then that's not too much to do with the coppers, it's more to do with um, who was getting some sly pitches in government. HOSER - Okay, now would Kel Glare have anything to do with my situation or not? (1/481) OLDFIELD - No, HOSER - Would he know anything of it or not. OLDFIELD - No he'd just leave it all in Falconer's hands and Falconer would say she's right Bob, and Glare would know nothing. Nor would he want to know. HOSER - He wouldn't even know about it, and he wouldn't want to know. OLDFIELD - He wouldn't wanna know either. OLDFIELD - He'd make sure he didn't know. HOSER - How do you mean? OLDFIELD - Well, he'd make a point of never inspecting any internal investigation files, HOSER - Oh right, so he could never ever be held accountable, OLDFIELD - Yeh, mm, HOSER - So there is no way he could ever be into anything basically, OLDFIELD - No, OLDFIELD - All he can be drawn into is incompetance, all he can ever be accused of is incompetance for not checking on what is in there, HOSER - That is deliberate? OLDFIELD - Yeh, that's a deliberate tactic, OLDFIELD - And er, you know, for corruption it works well. It really does work well. HOSER - Incompetance isn't too bad is it. OLDFIELD - Incompetance is okay, I mean at the worst you can get sacked for incompetance. HOSER - Now what happens, these guy's get sacked for corruption, they lose their supers don't they? OLDFIELD - Sometimes. When it's proved. HOSER - And proving it is very hard because they cover their tracks. OLDFIELD - Yes, of course. HOSER - And they can shred things, destroy things, in relation to it, OLDFIELD - Yes, (1/529) OLDFIELD - And the trouble with the Victorian community is that, HOSER - The Media, OLDFIELD - They fall for the propaganda. They fall for this hype stuff and rubbish on telly which says, you know, police ring double one tripple four and they'll be there in three minutes and all is bullshit, it's just bullshit. OLDFIELD - But you know this population is so steeped in, everything they read in the press is true and everything they see on advertisements is true, and they don't dare to question anything. HOSER - They are told that they have the best police force in Australia. OLDFIELD - Oh and they believe it. They believe it. HOSER - They believe it. HOSER - What's that book? OLDFIELD - This is er, I've just borrowed this. #*# (1/557) OLDFIELD - I warned him about that. I warned him and warned him and warned him. I said look Alan, that will happen again. In the end they'll get your friends. If they can't get you they'll get your friends. HOSER - That's exactly what happened. OLDFIELD - Yeh. OLDFIELD - That's what I said. (1/560) #*# (1/568) OLDFIELD - Well I've gotta go to Queensland and just cool off for a while. HOSER - So where do you fit in the picture? Have they been trying to get rid of you? OLDFIELD - Yep. HOSER - Why is that? In a nutshell. OLDFIELD - In a nutshell because I know too much. HOSER - What about all the rotten things here. OLDFIELD - Yes, and I was in a position to say some things, HOSER - To where?, Oh Croom Helm, I know them (BOOK BEING LOOKED AT BY HOSER) OLDFIELD - And, they knew bloody well I've never been known for HOSER - Doing things wrong? OLDFIELD - Something like that. HOSER - So why weren't you, like discredited. OLDFIELD - Well they've tried to discredit me, they have tried very hard to discredit me. HOSER - Who in particular? When you say names. There must be someone whose the fore guy whose done the dirty work. OLDFIELD - Oh, from the police commissioner down. They've had about five separate groups have been tasked with the job, HOSER - How have they tried to do it? Have they planted stuff on you or what? OLDFIELD - Oh, they've tried to bloody set me up... #*# (2/052) HOSER - So now, with this Kew case, it's coming up in two months, I jus don't know what's gonna happen. You see they could pay off the magistrate. OLDIELD - I know. OLDFIELD - Boat harbour, and the name of the boat is, Anser. OLDFIELD - The boat name is confusing, because there's Anser in Melbourne. HOSER - Another Anser. OLDFIELD - On the Australian Ship's register, there is. OLDFIELD - There is. I thought, you know to confuse the guy, how dare you, that's a registered bloody name... HOSER - But tell me this, it's just your watch going, don't worry, don't worry, OLDFIELD - It's ringing, HOSER - They are a hassle, WATCH WAS RINGING (2/070) HOSER - But tell me this, with the magistrate, how do they go about paying them off or bribing them, or what do they actually do? OLDFIELD - The magistrates live in the community and Magistrates have friends, and magistrates friends often get charged with things, and sometimes they ring the coppers and say, my friend, so the coppers ease off. Now once you've saved a soul on something like that, coppers are cunning shits, when they get themselves into trouble they'll seek out the same magistrate. And say okay, well, favour back please and call in their debts. HOSER - So then the Magistrate having saved out his mate, then, OLDFIELD - The Magistrate, then having asked the coppers to look after his mate is obliged to look after the coppers, and this how it all starts. HOSER - Okay, so you've got that, but then how magistrates in Melbourne are in that boat now? Are they all crooked or what? OLDFIELD - Oh, Jesus. Find me one that isn't, you know, slightly wobbly. HOSER - So basically the whole lot of them. OLDFIELD - That's an insidious sort of creeping thing that happens. As I said Magistrate's HOSER - But this case I had, the whole case was corrupt. OLDFIELD - The magistrate's here are just totally corrupt, totally corrupt, HOSER - Such as? OLDFIELD - Well, HOSER - Do you know Hugh Adams? OLDFIELD - One with a certain foreign name whose a judge, who strangely enough all Italian drug charges seem to go in front of, and they never seem to go far. HOSER - Now he's in the County Court though. OLDFIELD - Yeh, OLDFIELD - But Magistrate's, you know, Sally-Anne, what's her name, the bird whose, HOSER - Over in Melbourne, OLDFIELD - Yeh, she's as shifty as God knows what, um, HOSER - I've heard about her but I've never been in front of her. Do you know Hugh Adams? OLDFIELD - No, HOSER - He's the one that did me on the Bingley charges. OLDFIELD - No, #*# (2/137) OLDFIELD - He believes in justice, LAUGHTER (ABOUT "NAME SUPPRESSED") OLDFIELD - There is no justice. HOSER - MUMBLING OLDFIELD - Yeh, I know, it's terribly hard to accept, but once they get you, and they start charging in on you, and their rotten bastards, there is no justice. As fast as you dry out one of their arguments, they'll just invent another, they'll just invent more evidence, HOSER - That's exactly what they do, OLDFIELD - Yeh, HOSER - Now I've been assaulted by an RTA guy, right, OLDFIELD - Yeh, HOSER - But, did Alan tell you about that? OLDFIELD - Yep, he told me about that, HOSER - Melbourne cup, I got tape recordings, #*# (2/208) HOSER - These clerks of court, they've got that much power, OLDFIELD - I know they have, HOSER - Some of them are total shits, OLDFIELD - Yeh, I know they have, I mean I had the same thing where we had a senior sergeant, a female senior sergeant who was raped by a bloody pissed out of his mind senior constable, and really given such a pasting she spent ten days in hospital in a hell of a state, you know, just off the cuff, because he didn't like discipline, and the female senior sergeant in charge of the police station had said listen man, no more being pissed on duty like this, you know I'm suspending you now, sit in the back room and when you're sober enough you can be taken home and you'll get charged. So, ... Now this is what goes on in the police department. HOSER - When did this happen, OLDFIELD - This happened around eighteen months ago. So the senior sergeant finally recovered and ends up at internal investigations and says this is the case and I want some action. Oh we can't lay a charge like that, oh shit, oh, think of the press, oh you know you can't do that. And she stood on her digs and said oh I'm bloody well going to, rang up the police surgeon, and get all the medical results and you know, has the examinations, put the evidence togeather, HOSER - Well how quick are the police surgeons, OLDFIELD - Well the police surgeon came quickly, you know, he did the examination, sent to an independant bloke, an independant laboratory and God knows what, all the evidence was set up, and internal investigations was instructed to charge this bloke, and along comes the day of the preliminary hearing, mind you she gets a thousand threats and her house kicked in and er her car wrecked and burnt in the meantime, and everything, the same things are going on, and the end result was they put it before the female magistrate, She disqualified herself and said she was prejudiced. HOSER - She was prejudiced. OLDFIELD - Yeh. HOSER - Why did she say she was prejudiced? OLDFIELD - Ah, she might be prejudiced, she thought, because the victim was a woman. Well have you ever heard of a rape case where the victim wasn't a woman. HOSER - No, OLDFIELD - LAUGHTER OLDFIELD - That was her excuse. HOSER - But, OLDFIELD - So they bought a bloke over from family court, whose not even qualified to act as a, HOSER - Rape judge, OLDFIELD - Rapes judge, to hear the matter and he dismissed it. He had no prior convictions. There was no, absolutely no logic there. So, yeh, there's not much the police department or people in the police department can do with the allocation of magistrates anyhow, but that's just the way they duck and weave around difficult situations, and the corruption then. HOSER - What do you mean they duck and weave around. OLDFIELD - Well HOSER - They can allocate magistrates or they can't. (2/266) OLDFIELD - There's the first female magistrate appointed. I wonder how she got the job. HOSER - Paying for it? Or being in the right place. OLDFIELD - Well probably not paying for it, she's probably been a ... girl, and doing the right thing. Ah, having accepted that appointment, and this is what happens, see people fall for power, HOSER - And once she's got this appointment, she has to look after, OLDFIELD - Yes, that's right, HOSER - So in other words if I ever end up before her I'm done. OLDFIELD - Mmm, Me too, HOSER - You too? OLDFIELD - Yeh, HOSER - Are you up on charges, OLDFIELD - No, but I'd certainly say that I could have, LAUGHTER OLDFIELD - It's just piece of my mind. The end result Phil is this, as far as I can see, you can't attack and win corruption on an individual case by case situation. There's only one way to do it, go to the losers of the situation and say okay what are police forces all about, what should they be doing, and then start again and say okay well let's change. HOSER - Well that's fine, HOSER - But if end up going in jail and getting raped, and mugged and stabbed and bashed and lose everything, where am I? See I'm fighting for my survival. OLDFIELD - Nowhere, that's it. HOSER - It's all very well in theory to say do this and this, but when your fighting for your survival, I don't go to court by choice. OLDFIELD - I know you don't HOSER - See, OLDFIELD - The only thing I can suggest is to, to go and see a fellow by the name of Ford, that's the only decent barrister I know. Now, where did I put his name? HOSER - But even if he's a barrister, what can he do in terms of bribes and all this sort of, HOSER - When I say in terms of bribes, if he's not paying off the magistrate, OLDFIELD - I'll tell you, All he can do in terms of a case like that is use his influence in reverse. Now he sits um he sits on the bar council, and he also sits at the law institute and does all the reform stuff. HOSER - But they don't reform the law, OLDFIELD - No, but he's feared by magistrates. HOSER - Why is he feared. OLDFIELD - Because he's got a big mouth and the press listen to him. HOSER - Right, OLDFIELD - And he uses those situations when he gets a bad one and that's about the only way I can think of that you can get um, HOSER - See not only corruption, but these charges, they've all brought charges on me, should never have been laid. I've never done a bloody damned thing. OLDFIELD - I know that, I know that. #*# (2/325) OLDFIELD - As I kept saying to Alan, you can never fight, for instance the RTA, while you relied on the RTA for your income. HOSER - Now how do you think that book came out? I wasn't dependant. I haven't had a reptile since nineteen eighty four. OLDFIELD - Right, HOSER - That book came out eighty nine, five years after the event, #*# SUBPOENA'S REQUIRED FOR RTA CASE SET DOWN FOR 20/02/90 1/ RICHARD MOREHEAD (RTA INSPECTOR) 2/ DERRY ASHTON (RTA INSPECTOR) 3/ GEORGE OLSEN (RTA INSPECTOR) 4/ PETER MONCRIEF (RTA INSPECTOR) 5/ ALAN "NAME SUPPRESSED" (TAXI DRIVER) SUBPOENAS REQUIRED FOR 21/5/89 CASE. 1/ GEORGE OLSEN 2/ ROSS BINGLEY 3/ IAN BAYSHAM 4/ BOB FALCONER 5/ INSPECTOR DUNN 6/ BARBARA OLDFIELD 7/ JOY ELLERAY 8/ DERRY ASHTON 9/ DOCTOR FONG 10/ TREVOR HAY REASONS TO ADJOURN CASE. (ASSSAULTS OF HOSER ON 21/5/89) 1/ Bingley/O'Shannessy case was adjourned by Crown earlier this year on the grounds that no other case would proceed until this one was heard as all other cases stem directly from this. This was agreed to by Mr. Knight of the DPP. Bingley apparantly had a major hand in organising the Kew incident. 2/ Trevor Hay case involving same men still continuing and best heard before this case starts. 3/ Margaret Simmons has over 100 specific allegations of assault by the Kew Police. Her investigations should be complete before any hearing starts. 4/ IIB/Ombudsman's dept investigations into this and the Bingley matters are continunuing, and should be finalised first. 5/ My FOI request to the police has not yet been fulfilled. 6/ Police have not returned stolen goods. Bingley/Olsen said that the Kew Police had taken it. 7/ Not prepared for case as I had believed that it would be adjourned for the above reasons (principally no. 1). ASSAULTS OF HOSER ON 21/5/89 - Documents required 1/ All insurance claim documents re-camera equipment. 2/ Fitzgerald inquiry report. 3/ IIB material re-Bingley 4/ IIB material re-21/5/89 5/ O'Shannessy case transcripts / all cases 6/ Bingley transcripts outside court (both times) 7/ Truth article re - police assault. 8/ All Age articles by Margaret Simmons. 9/ Olsen assault transcript 10/ Ashton assault transcript 11/ Perry/Ashton/Olsen photos 12/ Summons re-unpaid fine (bodgy summons). INCIDENT AFTER MIDNIGHT ON 22/9/88, (Wed night shift, on thursday morning). Witnesses....Taxi drivers....Michael Streeter, Jim Cavmill, Car 594 Driver of 813, About twenty others attended. Male police officer in attendance was Roger Grant, of Russell Street. Phone: 667-1637. (Constable Grant). Car owned by two male offenders was a red pulsar BYR-743 (vic reg.) 22 09 88 Dear Constable Grant, I have duplicated the tape recording made on the morning of 22/09/88. Due to a defect in the tape recorder, (resulting from damage about ten days earlier), the first half of the incident was NOT recorded as I had expected/stated. The tape apparantly played, but did not record. However the most important parts of the incident were recorded. This includes the attempted get away by the offenders, the assistance of the man from the North Melbourne Football Club/ the manager, the violent behaviour of the offenders, The smashing of the window, further violence, further obstruction by the manager of the North Melbourne Football Club, other taxi drivers, and the arrival of police. You will find that all that is on the tape concurs with my statements with police. I do give one important instruction. Do not let the offenders have access to the tape recording at any time, (Except in court if neccessary). Yours Sincerely P. J. HOSER 41 VILLAGE AVENUE DONCASTER VICTORIA 3108 AUSTRALIA FEBRUARY 23, 1990 COSTS SOUGHT FOR THIS CASE. $ 15 Conduct money paid to RTA in relation to three served subpoeanas $ 400 For time not working (writing) (HOSER) $ 500 Witness costs (Tape recorder) $ 50 Costs for two dictionaries $ 20 Tape costs (micro-tapes only) $ 2000 In time costs spent preparing the case, excluding the typing of the transcript. $ 500 Time cost spent typing the transcript ($30 per hour as the minimum rate). $ 3485 Total Costs Sought. (Payable immediately). TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND A PETER SCHOFIELD OF THE ROAD TRAFFIC AUTHORITY (RTA), AT THE AUSTRALIAN AIRLINES RANK AT TULLAMARINE AIRPORT, MELBOURNE. TRANSCRIPT IS DATED 24/02/89 AT ABOUT 7.30 P.M. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. KEY. H = HOSER (TAXI DRIVER) P = PETER SCHOFIELD (RTA) TRANSCRIPT STARTS NOW H - I'll re-arrange all that H - Make yourself at home H - Excuse me, hold it P - Yes H - If you want to interfere with my passengers, if you want to interfere with people on the rank that's fine. P - I, H - You don't have to interfere with my passengers. P - I'm already H - I'm quite capable of explaining to them the fare charging structure. P - MUMBLING H - Okay H - Could you please show me your identification. P - Yeh, sure. H - Oh, I can't see it, I H - It's upside down, er Schofield, Peter Schofield, is that right? P - Yeh H - Right, Okay, well I'd prefer you not to interfere with my passengers okay. P - Look, I, I'm telling everybody else as well, and ... H - Okay sir, I would ..., I regard that as intimidation, Okay. H - Make yourself at home, we'll be off in a couple of minutes. END OF TRANSCRIPT AFTER PACKING BOOT OF CAB HOSER TOOK ONE PHOTO OF PETER SCHOFIELD STANDING ON THE TAXI RANK OUT OF UNIFORM IN PLAIN CLOTHES TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND A GEORGE OLSEN OF THE ROAD TRAFFIC AUTHORITY (RTA), AT THE AUSTRALIAN AIRLINES RANK AT TULLAMARINE AIRPORT, MELBOURNE. TRANSCRIPT IS DATED 24/02/89 IN THE EVENING, at about 9.45 P.M. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. KEY. H = HOSER (TAXI DRIVER) O = GEORGE OLSEN (RTA) P = PERSON ON TAXI RANK (MALE) (WHO DECIDES TO TAKE BUS INSTEAD OF TAXI) P1 = FIRST PASSENGER (MALE) (4TH IN TAXI) P2 = SECOND PASSENGER (FEMALE) (5TH IN TAXI) AFTER PUTTING THREE SEPARATE TAXI FARES INTO HIS TAXI, HOSER TAKES HIS CAMERA OUT OF IT'S BAG IN THE BOOT AND WHILE RE-ARRANGING HIS BOOT, HE PLANNED TO TAKE A PHOTO OF GEORGE OLSEN STANDING ON THE TAXI RANK, IN A SIMILAR MANNER TO HIS TAKING A PHOTO OF HIS OFFSIDER, PETER SCHOFIELD, EARLIER IN THE NIGHT. OLSEN THEN WALKS OVER TO THE TAXI AND TRIES TO INTIMIDATE THE PASSENGERS BY OPENING THE DOOR AND SHOWING HIS RTA BADGE TO THE PASSENGERS AND TELLING THEM SOMETHING (WHICH WAS NOT RECORDED). AFTER HOSER TOOK A SERIES OF ABOUT TEN PHOTOS, OLSEN APPROACHED HOSER (WHO WAS STILL TAKING PHOTOS) AND HARASSED HIM. IT WAS AT THIS POINT THAT THE TRANSCRIPT STARTS. TRANSCRIPT STARTS NOW O - Can I see your licence? H - Can I ask you why you want to see my driver's licence for, you haven't asked any other taxi drivers for their licence. And can I please have a look at your identification first. OLSEN WAS NOT IN UNIFORM H - I'm sorry about this delay gents, we'll be off soon. H - Um, ay, ay, you just flashed it to me. I don't even know what your name is or anything. H - Olsen. What's the first name? O- George H - Right, Okay, now you want to see my licence. Can you tell me what you want to see it for? O - Yeh, I asked you for it. Do you wannna produce it or not? H - I'm going to produce it, but I would like to know what, because you haven't asked any other taxi drivers to produce it, and you know who I am anyway, because you've asked to see my licence upon previous occasions. P - I may as well get the bus, I think. H - You sure, P - No worries, H - There's no more skybus O - They're running today, I'm sure they'll pick you up. H - There's one at 11.30, that's the next skybus, do you want him to wait for three hours. O - Ah H - Tell him the truth. P - How much is the bus. H - Yeh, ... Doncaster, oh, I could have taken you if you want, oh no, go with him then. ANOTHER TAXI DRIVER TAKES A FARE GOING TO DONCASTER H - Okay then, now can you tell me why you want to see my licence and no one else's, because, I am merely doing my job. You can see there's a shortage of cabs out here. O - That's right. There's cabs coming. H - There's cabs coming! That's why there's a lot of people standing here. There you go, um H - I'll ask these people where their going while I'm ah, H - You know, this is beyond a joke, ah there you go, there's my licence. What, ay, do you want to see my licence or not. O - Yeh, I want it and your driver's certificate. LENGTHY PAUSE OLSEN CAN BE HEARD IN BACKGROUND TALKING H - Excuse me, excuse me sir, O - Your asking me too much, H - When you talk to my passengers, I regard that as intimidation, O.K. O - But, H - I'm quite capable, O - MUMBLING H - I'm quite capable, you were sticking your head in there before. I'm quite capable of explaining O - Will you produce your driver's licence. H - Here is my driver's licence and my drivers certificate. O - Good. H - I regard you talking to my fares as intimidation. Okay. O - Do you? H - Yes. Okay. OLSEN STUCK HIS FINGERS UP AT HOSER H - I ask you to note, remember that, because I do treat it as intimidation. I'll be asking these people, ... when you finished writing down my details, I'll come back. MORE NEW PEOPLE HAVE NOW EMERGED FROM THE AIRLINE TERMINAL H - Is there anyone else here going towards Eastern Suburbs? H - No? MUMBLING P1 - Blackburn mate. H - How many of you are there? P1 - MUMBLING Hah, H - How many? Just you? P1 - Yeh H - You don't mind sharing with some others going that direction, there's a big shortage of cabs. P1 - Yeh, all right. H - No problem, Okay, if you give me your bits and pieces we'll be off in a few minutes. O - Driver's certficate back. H - Thank you. I'm sorry to be arguing with you, but, you know, it's beyond a joke, you can see the shortage, there's no cabs in sight, H - There you go, I'll be tying it down, so you won't loose anything. Make yourself at home, we'll be off in a couple of minutes. H - That can go there. H - Thank you very much. I'm sorry about arguing. Those photos were just taken er, just for my own records, there not, don't, don't get worried or anything, for your sake. P1 - Everything right in the boot there. H - Yeh, I'm going to tie it all in. Re-arrange it. Don't pannick, don't pannick, It's all in good hands. P1 - Yes, no worries. H - I'm going to strap it all up H - That's mine by the way. It's three thousand dollars worth of camera. P1 - Yes, no worries. H - Your right there? Don't pannick, your all in good hands. MUMBLING H - Right, make yourselves at home. H - Er, I've never seen anything like it out here. H - Right, ...Right, there's no one else here by themselves going to the Eastern Suburbs? No? Where are you all off to? MUMBLING H - No worries, Okay. H - No one else here by themselves going to the Eastern Suburbs? MUMBLING P2 - Carlton? H - Where in Carlton, and how many of you are there? P2 - Pardon? H - Just you? SHE NODS H - How much baggage have you got? P2 - This one, this one, this one. H - Yep Okay. If you don't mind sharing I can take you. P2 - As long as I get there. H - Right, Okay. H - Right if you can give me your bags, I'll have to do some re-arranging here. H - Oh gees, it weighs a tonne, that can go there. P2 - I don't mind putting this on my lap if you like. H - No, no, no, no, better off, ah, in here. Don't worry, you won't loose anything. I'll show you what it looks like when it's really packed. I've got pictures in the car. H - Can you give me that. P2 - Are you right to go to Carlton. H - Yep, make yourself at home. Come round this side and we'll be off in a tick. H - There's more planes landing gents up the other end, so you'll be here for hours. If you can share cabs do. END OF TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND TWO ROAD TRAFFIC AUTHORITY OFFICERS, NAMELY GEORGE OLSEN (WITH NORTH AMERICAN ACCENT) AND PETER SCHOFIELD. TRANSCRIPT IS DATED 24/08/89 AT ABOUT TEN A.M. HOSER HAD RECEIVED AN ANONYMOUS PHONE CALL AT HIS HOUSE AN HOUR EARLIER TELLING HIM THAT IF HE DIDN'T APPEAR IN COURT THAT HE'D BE ARRESTED. HE WENT TO PRAHRAN COURT (AS TOLD), AND FOUND HIMSELF ATTENDING FOR MENTION, FOR THE KEW POLICE CHARGES STEMMING FROM 21/05/89. THE KEW POLICE OFFICERS WERE NOT IN ATTENDANCE, IT BEING A MENTION DAY ONLY AS HOSER WAS TOLD BY THE COURT. HOWEVER WAITING FOR HOSER WAS GEORGE OLSEN AND PETER SCHOFIELD, BOTH OF THE RTA. A CHECK OF THE BOARDS AT THE COURT REVEALED THAT THERE WERE NO RTA CASES ON AT THE COURT THAT DAY, AND AFTER OLSEN AND SCHOFIELD HAD SPOKEN TO HOSER, THEY LEFT THE COURT, THEREBY INDICATING ANOTHER LINK BETWEEN THE KEW INCIDENT (SEE STATEMENT MADE TO POLICE INTERNAL AFFAIRS FOR DETAILS), AND THE RTA. (ALSO REFER TO TRANSCRIPT OF BINGLEY AT MELBOURNE MAGISTRATE'S COURT WHERE HE ALSO REFERS TO THE STOLEN EQUIPMENT FROM 21/05/89) MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. CLERK OF COURT OVER PA SYSTEM = CLERK OF COURT OVER PA SYSTEM HOSER = HOSER (TAXI DRIVER) OLSEN = GEORGE OLSEN SCHOFIELD = PETER SCHOFIELD PERSON IN COURT ONE = PERSON IN COURT BUILDING SITTING DOWN PERSON IN COURT TWO = ANOTHER PERSON IN COURT BUILDING SITTING DOWN TRANSCRIPT STARTS NOW HOSER - Oh hello, how are you? OLSEN - How's the taxi business? HOSER - Ooh, driving me nuts. HOSER - You guys harrassing me. OLSEN - Pardon HOSER - You guys harassing me. OLSEN - Oh yeh really, how's the taxi business going? HOSER - Oh fine, it's been good. Ah, OLSEN - It'd be quiet at the airport wouldn't it? HOSER - Yeh, your not wrong. HOSER - Ah, it'd been all right up till yesterday, but I've missed out, because I have been starting too late to enjoy the benefits. PLANES WERE ONLY RUNNING BETWEEN 9 AM AND 5 PM AND HOSER'S SHIFT ONLY STARTED AT ABOUT 5 PM, TOO LATE TO GET MUCH AIRPORT WORK You know how there nine to five. SCHOFIELD - Oh yeh, yes, yes. HOSER - But today is stuffed, ... SCHOFIELD - You were working early the other morning weren't you? HOSER - Sorry? SCHOFIELD - You were up early the other morning. HOSER - Yeh, I was going home (AT 5 AM THE PREVIOUS SUNDAY HOSER HAD STOPPED TO OFFER ASSISTANCE TO THE TWO OFFICERS WHO'D PARKED THEIR CAR CROSSWAYS IN THE MIDDLE OF CANTERBURY ROAD BOX HILL, AND SEEMED TO BE WALKING OVER THE ROAD AND LOOKING FOR SOMETHING, AND THEY SEEMED TO HAVE HIT A PUSHBIKE) HOSER - Was that a crash or something you were in? OLSEN - Oh no, just ey, ah, that fellow that was riding down the road, he was drunk, he was riding a pushbike, HOSER - I didn't see what happened. All I saw was yellow stuff on the road. OLSEN - He was er, he'd er come off because he'd hit the curb and he was drunk, he was driving the bike, cause he was drunk. HOSER - Even though I don't like you guys, if, if your doing something legitimate and you need help, well I'll help. OLSEN - Is this your. Is that the only job you've got? HOSER - Well I do research on snakes. OLSEN - Do you? HOSER - Yeh, but this is my main income though. OLSEN - What's that? Taxis. HOSER - Oh, yeh. OLSEN - Right. HOSER - Yeh, I do research on snakes and things of that nature. OLSEN - Mm, what have you got on today here? HOSER - Nah, well, it's just all your business actually. HOSER - It all stems from you guys. Not you personally, SCHOFIELD - What? HOSER - But er, Road Traffic Stuff... OLSEN - Anyway, look you play with that, HOSER - I'm going to read it okay. OLSEN - Just contact that fellow HOSER - You ask, mean, today? OLSEN - Yeh. HOSER - How did you know you'd see me here today? OLSEN - Just co-incidence. SCHOFIELD - LAUGHING IN BACKGROUND HOSER - Just co-incidence that you knew you'd see me here today. SCHOFIELD - We had other business around sort of thing. OLSEN - Yeh, OLSEN - But if you see, just give him a call, you can go on the phone if you like, and he'll explain it all, HOSER - Is this in relation er, don't worry, I won't be a tick HOSER READING THE LETTER/S GIVEN TO HIM HOSER - Ah, THE SOUND OF PAPER SHUFFLING Probably more harassment. HOSER - What's it say, there, OLSEN - That's not fair, HOSER - Roads Corporation. New letterhead. CLERK OF COURT OVER PA SYSTEM - Will the police officer from the Victorian Bee Ses Gee come to the clerk's office please. MUMBLING HOSER - Do you mean to say, HOSER - Your no doubt were aware of it anyway. HOSER - Fifth of October. ... BABY CRYING IN BACKGROUND OLSEN - Be easiest if you call him first, they'd be able to explain all of that to you. HOSER - Oh, I'll set up an appointment. OLSEN - Do whatever you want to do. HOSER - Oh, I'll just keep to my system PUT EVERYTHING IN WRITING HOSER IS READING THE LETTER AND THERE IS A SHORT PAUSE IN THE TRANSCRIPT HERE HOSER - Whose signature's that? OLSEN - That is the, er the manager of licencing, the ah, think, I'm, I'm not sure of the seniorship of the, that, I think he's the manager of licence review, I'm not certain. HOSER - Who? SCHOFIELD - No I don't know. It could be. HOSER - Maybe that's just to set up the appointment. OLSEN - If you call him, he'd set it up for you, or talk to you, whatever you want to do about it. Well you can, you know where our offices are up here, in Burwood Road. HOSER NODS When you've finished here, if you, HOSER - No, I'm not going to go and see him. SCHOFIELD - Oh well. HOSER - Ah, it makes it quite clear, in writing. HOSER - You know what it's like. I say one thing about it, you guys say something else, okay. Ah, OLSEN - But we tell the truth, HOSER - No you don't, that's just it. Ah, if you told the truth I wouldn't have any of these problems would I? HOSER - And you know that as well. HOSER - READING FROM LETTER The corporation must suspend or cancell a person's licence or permit or refuse to issue a driver's licence or permit if it is satisfied that the person, ... HOSER - What's this sort of rubbish. SCHOFIELD - Anyway, OLSEN - We'll leave it with you. SCHOFIELD - We'll leave it with you, you can sought it out yourself, Okay. HOSER - You still haven't said, how you knew I'd be here. OLSEN - Is that so. SCHOFIELD - Have a nice day. HOSER - Your so ... BACKGROUND VOICES CAN BE HEARD BUT INAUDIBLE AND NOT ANY OF THE PARTICIPANTS OF THIS CONVERSATION HOSER - Excuse me, oh, just before you go. Is this associated with this. OLSEN - I don't know. No, yeh, SCHOFIELD - We don't know. OLSEN - I don't know, it's the truth, it's the truth. HOSER - Okay, and your going now? Your going now? SCHOFIELD - Yes. OLSEN - As we told you, he'll tell you exactly what it is. ... SCHOFIELD - I think, just to give him a call, and then you can find out whether that's related to that, or that is a separate, OLSEN - That, that may, could well be separate from that. All right. HOSER - Okay guys, chow. HOSER STAYS IN BUILDING AND THE RTA OFFICERS WALK OUT OF THE BUILDING HOSER - Excuse me, do you have today's time and time, do you have the time? PERSON IN COURT ONE - Ten past. PERSON IN COURT TWO - Ten past. HOSER - And what's the date today? PERSON IN COURT TWO - ... twenty fourth. HOSER - Twenty fourth of August. Thank you very much. TAPE CONTINUES, THIS TRANSCRIPT HERE IS FINISHED TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND DANNY ELFAKHARI DATED 04/10/89 AT ABOUT 5 PM TRANSCRIPT IS AT ILMA GROVE NORTHCOTE. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. DANNY = DANNY ELFAKHARI HOSER = HOSER TRANSCRIPT STARTS NOW HOSER - Catch DANNY - A listen, I've got something that's very important. Um, you've got to park the car, if your in a rush, HOSER - No worries, no worries. No I'm not in a rush. HOSER PARKS HIS CAR, GETS OUT OF IT AND WALKS OVER TO DANNY HOSER - Is that a phone? DANNY - Yes, I've had a talk with that man. HOSER - Who the RTA? DANNY - Yes. HOSER - What did they say? DANNY - They said to me that you can't drive for me. If you drive their going to er, get me. HOSER - How come? DANNY - They reckon they've taken your licence away from you. You've appealed it. And it's still suspended until the appeal comes up. HOSER - No, DANNY - That's not true, ... HOSER - I, DANNY - I'm just saying to him, well then, ...RTA, what happens you know what will happen don't you. Their going to victimise my cars. ... MAURICE - Tell them to go and get fucked, you just mind our cars. DANNY - All right. Otherwise you know what they'll do? They'll, they'll gang up on us. I've got too many cars to worry about. You know what I mean. HOSER - All right. Fair enough. DANNY - Please avoid them, like, like the plague. HOSER - Avoid them like the plague, yeh, no worries. DANNY - Don't go to Tulla. HOSER - Who actually rang you? DANNY - Ashton, Ashton. HOSER - Derry Ashton, yes. DANNY - He rang. He was looking for me all day. DANNY - He insisted he finds me that day. He insists he finds me that day. All right. DANNY - I'd rather you start changing over here again actually. HOSER - If you want. DANNY - In a Regal car. Would you drive Regal? HOSER - I'd rather drive Arrow. DANNY - I'll have to put you back on fox four six then. HOSER - Now, or, or start tomorrow. DANNY - Start Tomorrow arvo. HOSER - All right. DANNY - So what did this Ashton say? HOSER - Well, I told you the story. They came out to the airport. He just took my licences, I went, I went to the courts, and the um, the people in the court, look the RTA are a pack of thugs. DANNY - He told me that's what happened, so, HOSER - Right, yeh I, I can give you the names of the people. Wait there I'll get you the names. HOSER WALKS OFF HOSER - MUMBLING ... I've got the name of the guy, but he's at home. €DH/2412831/#*#/PAGE |P/ €SRP1 Case set for 18/3/85. Incident on 24/12/83. My account of the incident is given on document "A".This is a true account of what happened. A bogus account is given by the driver, Edgar Allenpool on document "B". The charges laid against me are.1/Drive in a manner dangerously. 2/Negligent driving. 3/Fail to stop after hitting a pedestrian. 4/Fail to carry a driving licence. As usual I was innocent of all charges. It is notable that Edger Allenpool was not charged with anything including "Assult" to which he has confessed. The Policeman who laid the charges against me was Constable Waldron of Kings Cross Traffic Branch.According to an inside source that I have (in the NSW Police Force).Constable Waldron is the son of a superintendant Waldron.Both are supposedly crooks.I suggest that the actions taken against me are purely part of the NPWS initiated harrassment campaign, and Waldron is merely complying with directives from elsewhere. Notable is the fact that no charges were laid against me till nearly 12 months later,despite the so-called seriousness of the charges. When I was interveiwed by a Policeman on 10/5/84 at Redfern Police station,I was informed that no charges would be laid against me as a result of the incident. The other taxi Driver Edgar Allenpool also (by his own admissions) violated Taxi regulations.He stopped to pick up two people,when supposedly on a radio hiring.When carrying out a radio hiring the driver of the taxi must go directly to the place of pick up,and not stop to pick up another fare.I suggest that Edgar Allenpool really didn't have the radio hiring,picked up the two people that he found walking out of Wallis street,and then attempted to "Pirate" my fare (the radio job) when I arrived.Mr. Allenpool appears to be a cocky young thug with no respect for rules and regulations,who now is exploiting the law for his own advantage. (I must state here that on 10/5/84 the interviewing policeman informed me that none of the other parties wanted to take any action against me.I must therefore conclude that the current actions against me must have been initiated by the police). I never used bad language against him,but he did against me,swearing frequently.He was violent at all times,as were his friends.He alleges that I allowed him to punch him.What kind of a fruitcake would do that????The people who were with Allenpool had emerged from a party and were violently drunk.Although they will obviously deny this in court,I put it to you that who would go out to an X-Mas eve party and not drink??.Random Breath testing was in force and heavily advertised at the time and the people from the party were probably catching the cab because they were over the legal alcohol limit.If they weren't over the legal limit,why wasn't someone driving.By catching a taxi to "The cross" also indicates that the people were after some excitement.They got it by beating me up. When I drove away from the scene of the incident,I was avoiding getting beaten up more.I had already recieved a broken nose.I WAS IN FEAR FOR MY LIFE.The only injuries sustained by the attackers,may have occured when they jumped away from my car.They may have injured themselves hitting the roadway.The car I was driving had no dents(which would have occurred had I hit someone). I sustained numerous injuries when trying to escape.The most serious was a broken nose.It cost me 2000 Dollars to fix.That is not counting the agony I went through.After the incident I went to the legion depot in foveaux street Surry Hills and to Redfern Police Station(the next day).All parties were sympathetic but stated that htey couldn't do anything to help me,as they said that the other driver would deny everything.At the time I did not know that my nose was broken.I thought that it was only swollen. For my nose I was treated by Dr.John B. Walker at St.Vincents private hospital in december 1984(the first time that I could arrange a sufficient break in work at sufficient notice).I was in St.Vincents between december 16th(sunday) and december 21 (friday). I still have to have a second nose operation which will be of similar cost and agony. Why have the police not laid assult (and other) charges against Mr. Allen pool. The charge of unlicenced driving(against me) has no relevance to the incident and reflects the vendetta being carried out against me that I refered to. In relation to my licence the following is the story.On 19/5/83 I was assulted by two policemen who charged me with serious alarm and affront(to cover themselves) and drive in a manner dangerously.They took steps to have my taxi licence revoked.(In court they lied about their story,both policemen told different stories),but the magistrate refused to believe a word I said,believed both different stories by the police and declared me guilty.The Magistrate stated that I was no longer to hold a taxi licence and that I was to be suspended from driving for three months.I lodged an appeal against the verdict which apparntly has not been heard,and of which the Attorney Generals' department know nothing of.(they no nothing of the original charges either). In december 1984 my taxi licence came up for renewal.I went to the department of motor transport offices at roseberry to renew my licence and the clerk at licence renewals told me that my licence was being reviewed and that I would not be given a new one until they had finished their review.(That was in mid december).I asked about what I should do,because it was my livelihood,and the clerk(whom I spoke to on several occasions) told me that nothing would happen in december and that I should continue to drive until january and then come back and see him in the new year (which I did).I asked him what I should do if I was pulled up by police and he said that I should tell them about my situation and that should be O.K..(In the last week of 1984 I was twice pulled up by police(RBT) and both times I was queried about my licence.Both times they accepted my explanation,without incident.I stopped driving a taxi on 30/12/84. Therefore although I was driving an expired licence,I was led to believe that it was O.K. for me to do so in the circumstances.Being a law abiding citizen and a good driver I thought that I had nothing to fear. I have also got an ACT driving licence,which I have held for 7 years.It is notable that I have never been harrassed by ACT police(despite the amount of time I have spent there).I suggest that this is due to no harrassment campaign being waged against me.As I was carrying the ACT licence at the time of the incident(and as a result of my explanation just given),I suggest that the charge,"Unlicenced driver" should be dismissed. In january the clerk at the DMT office at Roseberry told me that the DMt would never give me a licence again.He gave no satisfactory reason for this,but did mention that the police and "Others against your interests" had instructed that this occur. As of 15/2/85 I still do not hold a NSW drivers or Taxi licence.I have had an effective suspension for over 14 months.For no good reason.I feel that I should have ny taxi licence restored immediately,and the DMT should apologise to me in writing. According to the Police on 10/5/84 I ran over (hit) David John Anthony Caleo.On document #*#ALL1 Mr. Allenpoe claims that I ran over a Mr.Steprn Hack of Northbridge.Who the hell was I mean't to have hit. It has been suggested that Mr. Allenpoe took the action that he did to cover his act of assulting me.The document he gave to the legion taxi co op on 10/1/84 was fudged up in such a manner as to make Mr.Allen Poe as innocent as was posssible.Even so he doesn't hide the fact that he freely used violence against another Taxi driver(not the correct way to settle a dispute) and that he was not using the correct procedure in multiple hiring.Mr. Allenpoe claims that he offered two gentlemen a free ride to the city during the incident.I dispute this on the following grounds.The claim was only made in the document to paint a favourable picture of himself.If he was in the business of giving free rides he wouldn't be taxi driving.I claim that he was attempting to make as much money as possible by doing double fares and pirating my fare.The circumstantial evidence supports this. €DH/2412832/#*#/PAGE |P/ €SRP5 Case set for 18/3/85. Incident on 24/12/83,Continued... On 9/5/84 I was phoned by a policeman at Redfern Police station about the incident that occurred on 24/12/84.He wanted me to go into the police station at my earliest convinience to give them a statement as to my version of events on 24/12/83.I obliged on 10/5/84 and saw a policeman who told me that someone had lodged a complaint about me running over someone on 24/12/83 and that as a matter of routine they(the police) needed my version of events.The policeman(at redfern police station) told me that no further action would be taken against me as the person/s who had lodged the complaint against me had expressed a desire that no further action be taken.When I was dictating the statement to the policeman who was typing it,he frequently omitted sections that he thought were irrelevant.He was most concerned with getting it over and done with.At that stage I feared that some action may be taken against me(due to the harrassment campaign being waged against me),however like the policeman I did have some disire to get the whole thing over and done with. Some parts of the account of the incident were omitted in the text( although I did tell the policeman).They were that both Taxis were facing the same direction Towards Barker Street.I had parked my Taxi in front of T 230 and backed up towards it to prevent it from leaving it's spot in a forewards motion(before I let it),as I thought it was pirating my fare.My escape from the scene was by continuing along Willis street and turning left at the end into Barker street,(then turning right into Anzac Parade). In Mr. Allenpoes account of events he states that he entered Willis street from Barker street.If such did occur he must have turned his car around to have been facing the direction he was facing.I had entered the street from Rainbow street. After the incident I got onto the radio and told the operator about it. He claimed that it was too busy for me to do anything about it,but he did try to call T 230 on the radio,(Both the city and Eastern Suburbs channels/ Channels 1 and 2).T 230 Refused to answer the radio operator for the rest of the night(who continued to frequently broadcast for him).That T 230 didn't listen to the radio for the rest of the night was highly unlikely, as the driver had already demonstrated that he made use of the radio,by pirating my job. The M14 radio procedure being used at the time of the incident can mean that the car given a particular radio job is not the closest vacant cab to that job.Despite this it is a rule that the allocated taxi and no other, should do the job.I suggest that T 230 was closer to Wallis street than myself when the job was called,and Mr. Allenpool(being the type of character that he was/is) tried to pirate my fare. Having driven Taxis for 6 days a week for over 12 months I have never had any incident with other Taxi drivers,and although I have had radio jobs pirated by other Taxis previously,I have never knowingly pirated another taxi-cabs' radio job.A number of passengers have nominated me for various Taxi driving awards for excellent conduct in less than favourable circumstances. In Mr. Allenpools' accout he states that I accused him of steeling my radio job(which I did).He makes no mention of any accusations the other way,(as none were made).Therefore one can only conclude that he knew that the radio job was in fact mine. I went to the legion depot in Surry Hills and spoke to a radio operator, (straight after my shift at about 3.30 A.M.) and to Redfern Police station the following day.All whom I spoke to were sympathetic but didnothing,claiming that I would have difficulty in proving anything and that no-one wanted to get involved.I accepted that at the time,but am now upset that the police apparantly took action against me but not for me.I see this as a perversion of their proper law enforcement duties to carry out vendettas for other influential parties. The reason for my understanding the lack of action by Police and the Taxi Co Op in the circumstances outlined is based on my knowledge of incidents other drivers have had and my ouw past experiences. My past experiences deal with "Fare evasion".Although Taxi fare evasion is a form of theft,the police at all times refuse to assist Taxi drivers who have this problem.The police have,whenever I have taken fare evaders to Police stations, done nothing.On a number of occasions they have released people from their custody as soon as I have walked out of the Police station.To be honest the only things police ever seem to show enthusiasm for is the issuing of infringement notices and causing trouble. In Mr. Allenpools' declaration (that he gave to legion Taxi co op),he stated that I threw Mr. Hack 3-4 yards(9-12 feet).To do that my car must have been travelling fast,I must have hit him hard,presumably dented the car and severely injured his bones.None occurred.I sugggest that to throw someone 3-4 yards you would have to be travelling at at least 60 kmh.To the best of my knowledge T 5217 was not capable of going from 0 to 60 within a few feet.(no car can). In Mr. Allenpools' account he stated that he spoke to the two youths(who supposedly just arrived on the scene),and offered them a free ride to the city(supposedly).If he was close enough to speak to them,then my car did not have a good enough run up to get to a high speed to hit one of them and throw them 9-12 feet. Mr. Allenpool was never in danger of being hit by my car.He was too busy trying to drag me from the car. I put it to you that Mr. Allenpool had the youths in his car when he arrived at the radio hiring pick up point(they may well have emerged from the same party).It is highly unlikely for two people walking in a street to have a conversation with a cab driver which leaves the people waiting in the dark for the cab to possibly return(if the radio hirers let the taxi driver multiple hire,if there are less than three passengers).It is less likely for those two people to start walking in the direction that the taxi went to pick up it's radio hiring(in a quiet street/from where they had emerged).It is less likely for the two people to conviniently arrive on the scene to get suddenly run over by some mad taxi driver. Mr. Allenpool must be able to be in two places at once if he can simultaneously be attacking a taxi driver trying to get into his taxi and stand in front of the taxi to get run over. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND TWO ROAD TRAFFIC AUTHORITY OFFICERS, NAMELY GEORGE OLSEN (WITH NORTH AMERICAN ACCENT) AND PETER SCHOFIELD. TRANSCRIPT IS DATED 24/08/89 AT ABOUT TEN A.M. HOSER HAD RECEIVED AN ANONYMOUS PHONE CALL AT HIS HOUSE AN HOUR EARLIER TELLING HIM THAT IF HE DIDN'T APPEAR IN COURT THAT HE'D BE ARRESTED. HE WENT TO PRAHRAN COURT (AS TOLD), AND FOUND HIMSELF ATTENDING FOR MENTION, FOR THE KEW POLICE CHARGES STEMMING FROM 21/05/89. THE KEW POLICE OFFICERS WERE NOT IN ATTENDANCE, IT BEING A MENTION DAY ONLY AS HOSER WAS TOLD BY THE COURT. HOWEVER WAITING FOR HOSER WAS GEORGE OLSEN AND PETER SCHOFIELD, BOTH OF THE RTA. A CHECK OF THE BOARDS AT THE COURT REVEALED THAT THERE WERE NO RTA CASES ON AT THE COURT THAT DAY, AND AFTER OLSEN AND SCHOFIELD HAD SPOKEN TO HOSER, THEY LEFT THE COURT, THEREBY INDICATING ANOTHER LINK BETWEEN THE KEW INCIDENT (SEE STATEMENT MADE TO POLICE INTERNAL AFFAIRS FOR DETAILS), AND THE RTA. (ALSO REFER TO TRANSCRIPT OF BINGLEY AT MELBOURNE MAGISTRATE'S COURT WHERE HE ALSO REFERS TO THE STOLEN EQUIPMENT FROM 21/05/89) MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. CLERK OF COURT OVER PA SYSTEM = CLERK OF COURT OVER PA SYSTEM HOSER = HOSER (TAXI DRIVER) OLSEN = GEORGE OLSEN SCHOFIELD = PETER SCHOFIELD PERSON IN COURT ONE = PERSON IN COURT BUILDING SITTING DOWN PERSON IN COURT TWO = ANOTHER PERSON IN COURT BUILDING SITTING DOWN TRANSCRIPT STARTS NOW HOSER - Oh hello, how are you? OLSEN - How's the taxi business? HOSER - Ooh, driving me nuts. HOSER - You guys harrassing me. OLSEN - Pardon HOSER - You guys harassing me. OLSEN - Oh yeh really, how's the taxi business going? HOSER - Oh fine, it's been good. Ah, OLSEN - It'd be quiet at the airport wouldn't it? HOSER - Yeh, your not wrong. HOSER - Ah, it'd been all right up till yesterday, but I've missed out, because I have been starting too late to enjoy the benefits. PLANES WERE ONLY RUNNING BETWEEN 9 AM AND 5 PM AND HOSER'S SHIFT ONLY STARTED AT ABOUT 5 PM, TOO LATE TO GET MUCH AIRPORT WORK You know how there nine to five. SCHOFIELD - Oh yeh, yes, yes. HOSER - But today is stuffed, ... SCHOFIELD - You were working early the other morning weren't you? HOSER - Sorry? SCHOFIELD - You were up early the other morning. HOSER - Yeh, I was going home (AT 5 AM THE PREVIOUS SUNDAY HOSER HAD STOPPED TO OFFER ASSISTANCE TO THE TWO OFFICERS WHO'D PARKED THEIR CAR CROSSWAYS IN THE MIDDLE OF CANTERBURY ROAD BOX HILL, AND SEEMED TO BE WALKING OVER THE ROAD AND LOOKING FOR SOMETHING, AND THEY SEEMED TO HAVE HIT A PUSHBIKE) HOSER - Was that a crash or something you were in? OLSEN - Oh no, just ey, ah, that fellow that was riding down the road, he was drunk, he was riding a pushbike, HOSER - I didn't see what happened. All I saw was yellow stuff on the road. OLSEN - He was er, he'd er come off because he'd hit the curb and he was drunk, he was driving the bike, cause he was drunk. HOSER - Even though I don't like you guys, if, if your doing something legitimate and you need help, well I'll help. OLSEN - Is this your. Is that the only job you've got? HOSER - Well I do research on snakes. OLSEN - Do you? HOSER - Yeh, but this is my main income though. OLSEN - What's that? Taxis. HOSER - Oh, yeh. OLSEN - Right. HOSER - Yeh, I do research on snakes and things of that nature. OLSEN - Mm, what have you got on today here? HOSER - Nah, well, it's just all your business actually. HOSER - It all stems from you guys. Not you personally, SCHOFIELD - What? HOSER - But er, Road Traffic Stuff... OLSEN - Anyway, look you play with that, HOSER - I'm going to read it okay. OLSEN - Just contact that fellow HOSER - You ask, mean, today? OLSEN - Yeh. HOSER - How did you know you'd see me here today? OLSEN - Just co-incidence. SCHOFIELD - LAUGHING IN BACKGROUND HOSER - Just co-incidence that you knew you'd see me here today. SCHOFIELD - We had other business around sort of thing. OLSEN - Yeh, OLSEN - But if you see, just give him a call, you can go on the phone if you like, and he'll explain it all, HOSER - Is this in relation er, don't worry, I won't be a tick HOSER READING THE LETTER/S GIVEN TO HIM HOSER - Ah, THE SOUND OF PAPER SHUFFLING Probably more harassment. HOSER - What's it say, there, OLSEN - That's not fair, HOSER - Roads Corporation. New letterhead. CLERK OF COURT OVER PA SYSTEM - Will the police officer from the Victorian Bee Ses Gee come to the clerk's office please. MUMBLING HOSER - Do you mean to say, HOSER - Your no doubt were aware of it anyway. HOSER - Fifth of October. ... BABY CRYING IN BACKGROUND OLSEN - Be easiest if you call him first, they'd be able to explain all of that to you. HOSER - Oh, I'll set up an appointment. OLSEN - Do whatever you want to do. HOSER - Oh, I'll just keep to my system PUT EVERYTHING IN WRITING HOSER IS READING THE LETTER AND THERE IS A SHORT PAUSE IN THE TRANSCRIPT HERE HOSER - Whose signature's that? OLSEN - That is the, er the manager of licencing, the ah, think, I'm, I'm not sure of the seniorship of the, that, I think he's the manager of licence review, I'm not certain. HOSER - Who? SCHOFIELD - No I don't know. It could be. HOSER - Maybe that's just to set up the appointment. OLSEN - If you call him, he'd set it up for you, or talk to you, whatever you want to do about it. Well you can, you know where our offices are up here, in Burwood Road. HOSER NODS When you've finished here, if you, HOSER - No, I'm not going to go and see him. SCHOFIELD - Oh well. HOSER - Ah, it makes it quite clear, in writing. HOSER - You know what it's like. I say one thing about it, you guys say something else, okay. Ah, OLSEN - But we tell the truth, HOSER - No you don't, that's just it. Ah, if you told the truth I wouldn't have any of these problems would I? HOSER - And you know that as well. HOSER - READING FROM LETTER The corporation must suspend or cancell a person's licence or permit or refuse to issue a driver's licence or permit if it is satisfied that the person, ... HOSER - What's this sort of rubbish. SCHOFIELD - Anyway, OLSEN - We'll leave it with you. SCHOFIELD - We'll leave it with you, you can sought it out yourself, Okay. HOSER - You still haven't said, how you knew I'd be here. OLSEN - Is that so. SCHOFIELD - Have a nice day. HOSER - Your so ... BACKGROUND VOICES CAN BE HEARD BUT INAUDIBLE AND NOT ANY OF THE PARTICIPANTS OF THIS CONVERSATION HOSER - Excuse me, oh, just before you go. Is this associated with this. OLSEN - I don't know. No, yeh, SCHOFIELD - We don't know. OLSEN - I don't know, it's the truth, it's the truth. HOSER - Okay, and your going now? Your going now? SCHOFIELD - Yes. OLSEN - As we told you, he'll tell you exactly what it is. ... SCHOFIELD - I think, just to give him a call, and then you can find out whether that's related to that, or that is a separate, OLSEN - That, that may, could well be separate from that. All right. HOSER - Okay guys, chow. HOSER STAYS IN BUILDING AND THE RTA OFFICERS WALK OUT OF THE BUILDING HOSER - Excuse me, do you have today's time and time, do you have the time? PERSON IN COURT ONE - Ten past. PERSON IN COURT TWO - Ten past. HOSER - And what's the date today? PERSON IN COURT TWO - ... twenty fourth. HOSER - Twenty fourth of August. Thank you very much. TAPE CONTINUES, THIS TRANSCRIPT HERE IS FINISHED TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND DANNY ELFAKHARI DATED 04/10/89 AT ABOUT 5 PM TRANSCRIPT IS AT ILMA GROVE NORTHCOTE. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. DANNY = DANNY ELFAKHARI HOSER = HOSER TRANSCRIPT STARTS NOW HOSER - Catch DANNY - A listen, I've got something that's very important. Um, you've got to park the car, if your in a rush, HOSER - No worries, no worries. No I'm not in a rush. HOSER PARKS HIS CAR, GETS OUT OF IT AND WALKS OVER TO DANNY HOSER - Is that a phone? DANNY - Yes, I've had a talk with that man. HOSER - Who the RTA? DANNY - Yes. HOSER - What did they say? DANNY - They said to me that you can't drive for me. If you drive their going to er, get me. HOSER - How come? DANNY - They reckon they've taken your licence away from you. You've appealed it. And it's still suspended until the appeal comes up. HOSER - No, DANNY - That's not true, ... HOSER - I, DANNY - I'm just saying to him, well then, ...RTA, what happens you know what will happen don't you. Their going to victimise my cars. ... MAURICE - Tell them to go and get fucked, you just mind our cars. DANNY - All right. Otherwise you know what they'll do? They'll, they'll gang up on us. I've got too many cars to worry about. You know what I mean. HOSER - All right. Fair enough. DANNY - Please avoid them, like, like the plague. HOSER - Avoid them like the plague, yeh, no worries. DANNY - Don't go to Tulla. HOSER - Who actually rang you? DANNY - Ashton, Ashton. HOSER - Derry Ashton, yes. DANNY - He rang. He was looking for me all day. DANNY - He insisted he finds me that day. He insists he finds me that day. All right. DANNY - I'd rather you start changing over here again actually. HOSER - If you want. DANNY - In a Regal car. Would you drive Regal? HOSER - I'd rather drive Arrow. DANNY - I'll have to put you back on fox four six then. HOSER - Now, or, or start tomorrow. DANNY - Start Tomorrow arvo. HOSER - All right. DANNY - So what did this Ashton say? HOSER - Well, I told you the story. They came out to the airport. He just took my licences, I went, I went to the courts, and the um, the people in the court, look the RTA are a pack of thugs. DANNY - He told me that's what happened, so, HOSER - Right, yeh I, I can give you the names of the people. Wait there I'll get you the names. HOSER WALKS OFF HOSER - MUMBLING ... I've got the name of the guy, but he's at home. Case set for 18/3/85. Incident on 24/12/83. My account of the incident is given on document "A".This is a true account of what happened. A bogus account is given by the driver, Edgar Allenpool on document "B". The charges laid against me are.1/Drive in a manner dangerously. 2/Negligent driving. 3/Fail to stop after hitting a pedestrian. 4/Fail to carry a driving licence. As usual I was innocent of all charges. It is notable that Edger Allenpool was not charged with anything including "Assult" to which he has confessed. The Policeman who laid the charges against me was Constable Waldron of Kings Cross Traffic Branch.According to an inside source that I have (in the NSW Police Force).Constable Waldron is the son of a superintendant Waldron.Both are supposedly crooks.I suggest that the actions taken against me are purely part of the NPWS initiated harrassment campaign, and Waldron is merely complying with directives from elsewhere. Notable is the fact that no charges were laid against me till nearly 12 months later,despite the so-called seriousness of the charges. When I was interveiwed by a Policeman on 10/5/84 at Redfern Police station,I was informed that no charges would be laid against me as a result of the incident. The other taxi Driver Edgar Allenpool also (by his own admissions) violated Taxi regulations.He stopped to pick up two people,when supposedly on a radio hiring.When carrying out a radio hiring the driver of the taxi must go directly to the place of pick up,and not stop to pick up another fare.I suggest that Edgar Allenpool really didn't have the radio hiring,picked up the two people that he found walking out of Wallis street,and then attempted to "Pirate" my fare (the radio job) when I arrived.Mr. Allenpool appears to be a cocky young thug with no respect for rules and regulations,who now is exploiting the law for his own advantage. (I must state here that on 10/5/84 the interviewing policeman informed me that none of the other parties wanted to take any action against me.I must therefore conclude that the current actions against me must have been initiated by the police). I never used bad language against him,but he did against me,swearing frequently.He was violent at all times,as were his friends.He alleges that I allowed him to punch him.What kind of a fruitcake would do that????The people who were with Allenpool had emerged from a party and were violently drunk.Although they will obviously deny this in court,I put it to you that who would go out to an X-Mas eve party and not drink??.Random Breath testing was in force and heavily advertised at the time and the people from the party were probably catching the cab because they were over the legal alcohol limit.If they weren't over the legal limit,why wasn't someone driving.By catching a taxi to "The cross" also indicates that the people were after some excitement.They got it by beating me up. When I drove away from the scene of the incident,I was avoiding getting beaten up more.I had already recieved a broken nose.I WAS IN FEAR FOR MY LIFE.The only injuries sustained by the attackers,may have occured when they jumped away from my car.They may have injured themselves hitting the roadway.The car I was driving had no dents(which would have occurred had I hit someone). I sustained numerous injuries when trying to escape.The most serious was a broken nose.It cost me 2000 Dollars to fix.That is not counting the agony I went through.After the incident I went to the legion depot in foveaux street Surry Hills and to Redfern Police Station(the next day).All parties were sympathetic but stated that htey couldn't do anything to help me,as they said that the other driver would deny everything.At the time I did not know that my nose was broken.I thought that it was only swollen. For my nose I was treated by Dr.John B. Walker at St.Vincents private hospital in december 1984(the first time that I could arrange a sufficient break in work at sufficient notice).I was in St.Vincents between december 16th(sunday) and december 21 (friday). I still have to have a second nose operation which will be of similar cost and agony. Why have the police not laid assult (and other) charges against Mr. Allen pool. The charge of unlicenced driving(against me) has no relevance to the incident and reflects the vendetta being carried out against me that I refered to. In relation to my licence the following is the story.On 19/5/83 I was assulted by two policemen who charged me with serious alarm and affront(to cover themselves) and drive in a manner dangerously.They took steps to have my taxi licence revoked.(In court they lied about their story,both policemen told different stories),but the magistrate refused to believe a word I said,believed both different stories by the police and declared me guilty.The Magistrate stated that I was no longer to hold a taxi licence and that I was to be suspended from driving for three months.I lodged an appeal against the verdict which apparntly has not been heard,and of which the Attorney Generals' department know nothing of.(they no nothing of the original charges either). In december 1984 my taxi licence came up for renewal.I went to the department of motor transport offices at roseberry to renew my licence and the clerk at licence renewals told me that my licence was being reviewed and that I would not be given a new one until they had finished their review.(That was in mid december).I asked about what I should do,because it was my livelihood,and the clerk(whom I spoke to on several occasions) told me that nothing would happen in december and that I should continue to drive until january and then come back and see him in the new year (which I did).I asked him what I should do if I was pulled up by police and he said that I should tell them about my situation and that should be O.K..(In the last week of 1984 I was twice pulled up by police(RBT) and both times I was queried about my licence.Both times they accepted my explanation,without incident.I stopped driving a taxi on 30/12/84. Therefore although I was driving an expired licence,I was led to believe that it was O.K. for me to do so in the circumstances.Being a law abiding citizen and a good driver I thought that I had nothing to fear. I have also got an ACT driving licence,which I have held for 7 years.It is notable that I have never been harrassed by ACT police(despite the amount of time I have spent there).I suggest that this is due to no harrassment campaign being waged against me.As I was carrying the ACT licence at the time of the incident(and as a result of my explanation just given),I suggest that the charge,"Unlicenced driver" should be dismissed. In january the clerk at the DMT office at Roseberry told me that the DMt would never give me a licence again.He gave no satisfactory reason for this,but did mention that the police and "Others against your interests" had instructed that this occur. As of 15/2/85 I still do not hold a NSW drivers or Taxi licence.I have had an effective suspension for over 14 months.For no good reason.I feel that I should have ny taxi licence restored immediately,and the DMT should apologise to me in writing. According to the Police on 10/5/84 I ran over (hit) David John Anthony Caleo.On document #*#ALL1 Mr. Allenpoe claims that I ran over a Mr.Steprn Hack of Northbridge.Who the hell was I mean't to have hit. It has been suggested that Mr. Allenpoe took the action that he did to cover his act of assulting me.The document he gave to the legion taxi co op on 10/1/84 was fudged up in such a manner as to make Mr.Allen Poe as innocent as was posssible.Even so he doesn't hide the fact that he freely used violence against another Taxi driver(not the correct way to settle a dispute) and that he was not using the correct procedure in multiple hiring.Mr. Allenpoe claims that he offered two gentlemen a free ride to the city during the incident.I dispute this on the following grounds.The claim was only made in the document to paint a favourable picture of himself.If he was in the business of giving free rides he wouldn't be taxi driving.I claim that he was attempting to make as much money as possible by doing double fares and pirating my fare.The circumstantial evidence supports this. Case set for 18/3/85. Incident on 24/12/83,Continued... On 9/5/84 I was phoned by a policeman at Redfern Police station about the incident that occurred on 24/12/84.He wanted me to go into the police station at my earliest convinience to give them a statement as to my version of events on 24/12/83.I obliged on 10/5/84 and saw a policeman who told me that someone had lodged a complaint about me running over someone on 24/12/83 and that as a matter of routine they(the police) needed my version of events.The policeman(at redfern police station) told me that no further action would be taken against me as the person/s who had lodged the complaint against me had expressed a desire that no further action be taken.When I was dictating the statement to the policeman who was typing it,he frequently omitted sections that he thought were irrelevant.He was most concerned with getting it over and done with.At that stage I feared that some action may be taken against me(due to the harrassment campaign being waged against me),however like the policeman I did have some disire to get the whole thing over and done with. Some parts of the account of the incident were omitted in the text( although I did tell the policeman).They were that both Taxis were facing the same direction Towards Barker Street.I had parked my Taxi in front of T 230 and backed up towards it to prevent it from leaving it's spot in a forewards motion(before I let it),as I thought it was pirating my fare.My escape from the scene was by continuing along Willis street and turning left at the end into Barker street,(then turning right into Anzac Parade). In Mr. Allenpoes account of events he states that he entered Willis street from Barker street.If such did occur he must have turned his car around to have been facing the direction he was facing.I had entered the street from Rainbow street. After the incident I got onto the radio and told the operator about it. He claimed that it was too busy for me to do anything about it,but he did try to call T 230 on the radio,(Both the city and Eastern Suburbs channels/ Channels 1 and 2).T 230 Refused to answer the radio operator for the rest of the night(who continued to frequently broadcast for him).That T 230 didn't listen to the radio for the rest of the night was highly unlikely, as the driver had already demonstrated that he made use of the radio,by pirating my job. The M14 radio procedure being used at the time of the incident can mean that the car given a particular radio job is not the closest vacant cab to that job.Despite this it is a rule that the allocated taxi and no other, should do the job.I suggest that T 230 was closer to Wallis street than myself when the job was called,and Mr. Allenpool(being the type of character that he was/is) tried to pirate my fare. Having driven Taxis for 6 days a week for over 12 months I have never had any incident with other Taxi drivers,and although I have had radio jobs pirated by other Taxis previously,I have never knowingly pirated another taxi-cabs' radio job.A number of passengers have nominated me for various Taxi driving awards for excellent conduct in less than favourable circumstances. In Mr. Allenpools' accout he states that I accused him of steeling my radio job(which I did).He makes no mention of any accusations the other way,(as none were made).Therefore one can only conclude that he knew that the radio job was in fact mine. I went to the legion depot in Surry Hills and spoke to a radio operator, (straight after my shift at about 3.30 A.M.) and to Redfern Police station the following day.All whom I spoke to were sympathetic but didnothing,claiming that I would have difficulty in proving anything and that no-one wanted to get involved.I accepted that at the time,but am now upset that the police apparantly took action against me but not for me.I see this as a perversion of their proper law enforcement duties to carry out vendettas for other influential parties. The reason for my understanding the lack of action by Police and the Taxi Co Op in the circumstances outlined is based on my knowledge of incidents other drivers have had and my ouw past experiences. My past experiences deal with "Fare evasion".Although Taxi fare evasion is a form of theft,the police at all times refuse to assist Taxi drivers who have this problem.The police have,whenever I have taken fare evaders to Police stations, done nothing.On a number of occasions they have released people from their custody as soon as I have walked out of the Police station.To be honest the only things police ever seem to show enthusiasm for is the issuing of infringement notices and causing trouble. In Mr. Allenpools' declaration (that he gave to legion Taxi co op),he stated that I threw Mr. Hack 3-4 yards(9-12 feet).To do that my car must have been travelling fast,I must have hit him hard,presumably dented the car and severely injured his bones.None occurred.I sugggest that to throw someone 3-4 yards you would have to be travelling at at least 60 kmh.To the best of my knowledge T 5217 was not capable of going from 0 to 60 within a few feet.(no car can). In Mr. Allenpools' account he stated that he spoke to the two youths(who supposedly just arrived on the scene),and offered them a free ride to the city(supposedly).If he was close enough to speak to them,then my car did not have a good enough run up to get to a high speed to hit one of them and throw them 9-12 feet. Mr. Allenpool was never in danger of being hit by my car.He was too busy trying to drag me from the car. I put it to you that Mr. Allenpool had the youths in his car when he arrived at the radio hiring pick up point(they may well have emerged from the same party).It is highly unlikely for two people walking in a street to have a conversation with a cab driver which leaves the people waiting in the dark for the cab to possibly return(if the radio hirers let the taxi driver multiple hire,if there are less than three passengers).It is less likely for those two people to start walking in the direction that the taxi went to pick up it's radio hiring(in a quiet street/from where they had emerged).It is less likely for the two people to conviniently arrive on the scene to get suddenly run over by some mad taxi driver. Mr. Allenpool must be able to be in two places at once if he can simultaneously be attacking a taxi driver trying to get into his taxi and stand in front of the taxi to get run over. TRANSCRIPT 26-06-91 CONTINUED (1/374) HOSER - No application form or nothing for Scientific permits, when they supposedly always put people through the through the ridiculous processes to get scientific licences. Look, the licencing authority has that power. You have the discretion to issue them on the spot. Now, you've also got the power to take them off them. Now is it fair for me to say to you, sorry is it fair, is the only reason you would not issue the Dee Cee now because you don't have the police Cee Bee Oh. O'SULLIVAN - That's right. HOSER - Fine. HOSER - Is there an easy way out of that. O'SULLIVAN - Look, that's my only problem. HOSER - Right. HOSER - I will sign something now, #*# (1/611) HOSER - Look, there is nothing. Surely you can ring up Reg Patterson and say Reg, O'SULLIVAN - Listen, I'm the only one you've got in this fucking organisation. HOSER - Well, O'SULLIVAN - Everyone else here wants to fucking screw you. HOSER - I appreciate your help. O'SULLIVAN - They, er, wants to nail you against the fucking wall. O'SULLIVAN - I'm trying to bloody do the right thing by you, to get you out of all this shit and to start again. To get out of this crap. To start again. Level playing field. We'll leave this man alone. No bureaucracy, no bullshit. That's all I'm trying to do. So there's no use bloody categorising me as some bloody bureaucratic turds like the rest of the people you've see from Vicroads. #*# (1/627) O'SULLIVAN - If there's any quick way I'll do it. RE CBO CHECK FROM POLICE. #*# TAPE ENDS (2/250) TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND (AKA PHILIP) HOSER, AND DAVID O'SULLIVAN. TRANSCRIPT IS DATED, 26/06/91. INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT VICROADS OFFICES IN CARLTON, MELBOURNE, VICTORIA, AUSTRALIA. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. TAPE DURATION IS ABOUT 60 MINUTES AND TAKEN FROM ONE SIDE OF A MICRO TAPE. EXCERPTS ONLY SEPARATED BY '#*#'. Material between '#*#' is complete. KEY. O'SULLIVAN = DAVID O'SULLIVAN HOSER = RAYMOND (AKA PHILIP) HOSER TRANSCRIPT STARTS NOW (1/100) HOSER WALKS INTO RTA OFFICE (1/130) HOSER - Can I come in, O'SULLIVAN - Yes come in my boy. Sit down and relax. HOSER - Relax, gees, it's pretty hard to relax these days. The only good thing I can say about today is that the sun's out. #*# (1/221) HOSER - Oh, look David, I told Mister El-fakhari, I'd be driving for him tonight. O'SULLIVAN - Well you won't be. HOSER - Oh, this is ridiculous. O'SULLIVAN - No it's not. This is bureaucracy, my boy. HOSER - It's not bureaucracy, it's ridiculous. #*# (1/243) HOSER - David, how much a year do you earn? O'SULLIVAN - Seventy, sixty eight thousand and five hundred bucks. HOSER - David, you don't have any trouble paying your mortgage do you? O'SULLIVAN - No. HOSER - You don't have your bank taking your house off you do you? O'SULLIVAN - Nope. HOSER - Right, I am, Okay. Look basically at the end of the day, George Olsen said it, Bingley said it, they all said they were going to bankrupt me and ruin me. And. as I see it, your aiding and abetting it, for crying out loud. You know who I am. There is no mystery who I am. You know that I don't do anything wrong. Now you can issue the temporary Dee Cee, O'SULLIVAN - I understand all that. HOSER - There is nothing outside your power to issue the temporary Dee Cee and worry about this paperwork after the fact. I have arranged to see the bank people on the assumption that I was to get the Dee Cee today, I have arranged with El-fakhari to drive tomorrow night on the assumption I get my Dee Cee today, now, the thing is, I've already filled them out, my god. You must have more on me in your records, than for er, Gary Webb who supposedly, you know, It's ridiculous my God, last week what I did, these were filled in a week ago. It's all there, I had both of them. O'SULLIVAN - It's not all there, Look, I'm not going to start again. I, I need to have you to sign those forms so that I can get the CBR report back. Now that's all I need to do. The police will not accept a photostat. HOSER - They are the same forms. O'SULLIVAN - The police will not accept a photostat, that's what I'm telling you. HOSER - They told you that they, O'SULLIVAN - Yep, that is why I'm asking you to sign the form, I'll fill the bloody thing in for you. Once we've got your signature on it. HOSER - Okay, Right, O'SULLIVAN - We will start in the bloody process, of getting the Cee Bee Ar out. HOSER - Right will you still issue the temporary Dee Cee in reference to the Cee Bee Ar. O'SULLIVAN - no. HOSER - Ah. Why not? O'SULLIVAN - Because we don't know what's on the Cee Bee Ar. HOSER - You can ring up the police and they will tell you. O'SULLIVAN - No they won't, they won't give out the information on the phone. This is a criminal report on you and it's treated very seriously. Now what your saying, you don't want to do this, or do you want to do it. HOSER - David, I want the Dee Cee. HOSER - I want the Dee Cee. O'SULLIVAN - You know Reg's bloody view about this. HOSER - Sorry. O'SULLIVAN - You know Reg's view about this? HOSER - But he's probably a crook. You know, for crying out loud. O'SULLIVAN - ... Reg is not a bloody crook. HOSER - He didn't sack Ashton. HOSER - Ashton can go around beating people up. You've heard the tape. For crying out loud. You've heard the tape, you heard a load of them on top of me. If I did that to taxi passegers I would have been locked away for ten years. My god. HOSER - You know, for crying out loud. You know. The double standards. HOSER - I multiple hire. I do the public a service, I do me a service. Olsen and all his friends. Not just Olsen, Bowman, the whole lot, trump up charges with fare evaders, thieves, using known criminals to try and give me a criminal record. Look David, last Wednesday, you said I'd get the Dee Cee this wednesday. O'SULLIVAN - No I didn't. HOSER - That is what you implied. O'SULLIVAN - No I didn't. HOSER - December, November, November-December, you said I'd get my Dee Cee. HOSER - The bottom line, but for crying out loud, it just can't keep going on and on and on and on. Someday you have to issue it. O'SULLIVAN - I agree with you there. Sooner or later we have to issue it. HOSER - Right. O'SULLIVAN - I agree with you there. And I reckon and I have already told you the basis on which I am working and that is that there is no record coming in the last seven months. HOSER - I haven't done anythinng to anyone in the last seven years. O'SULLIVAN - But that's not what the bloody record says. Here, HOSER - Right, every one of them R T A initiated. O'SULLIVAN - Yes, HOSER - Well how on earth can the R T A, It's like I turn around and say, David O'Sullivan I think your a crook, because I think your a crook, your not getting your licence. Now, that's not exactly a fair thing. O'SULLIVAN - Now hang on, I don't have those things laid on my record. HOSER - Okay, let me put it another way. I turn around. I charge you with assault. I line you up in front of a judge. I have Alan "NAME SUPPRESSED" as a judge, he convicts you and fines you. Right. Then I turn around and say, right David, O'SULLIVAN - He'd like to convict me, "NAME SUPPRESSED". HOSER - Then I turn around and say, right, I'm you know, we're talking about so-called impartial magistrates. I line you up with Alan "NAME SUPPRESSED", or someone else who might not like you turn around and say guilty we'll fine you, then I turn around and say David look I can't give you your licence, because you've got a criminal conviction. Now for crying out loud it's not exactly a fair way to do things. O'SULLIVAN - Look I understand all that. HOSER = Right. O'SULLIVAN - All I'm trying to do is sought a way out of this bloody maze that we have created. HOSER - You've created. Not me. O'SULLIVAN - All right. HOSER - I haven't created any maze. When I say you, Vicroads, I'm not trying to put the whole blame on you. Vicroads. O'SULLIVAN - I already accept that. O'SULLIVAN - All I'm asking you to do is put your squiggle on those two forms and we will start the process. And I'm going to argue on your behalf to Reg that this guy, as I already have, has not a sausage on his record for nearly twelve months. Not a sausage and that this guy, now how long has this been going, is this a bloody sentence for life or is there a period, and I argue that there is and I'm going up to Reg that on paper, there is nothing stopping us. Okay. HOSER - Why won't you issue the temporary Dee Cee. (1/347) O'SULLIVAN - Because Reg wouldn't. Reg allow that. Reg has a somewhat different view. HOSER - So well, let's have a word with Reg Patterson now. O'SULLIVAN - No, I don't see why I have to do that. Why can't we just go through this process and do it nicely. HOSER - Okay. I'll tell you what. How about you pay my mortgage and I'm quite happy to wait as long as you want. Is that fair? O'SULLIVAN - No. HOSER - Why not. O'SULLIVAN - Look you don't want to do this. Is that what your saying? HOSER - Look David. My signature right. Signature that piece, fine. I trust you to fill it in. O'SULLIVAN - Yes. The same way as on that one. HOSER - Where do I sign. O'SULLIVAN - Yes HOSER - Right. HOSER - Out of the way. There you go. O'SULLIVAN - Yeh. HOSER - Right. O'SULLIVAN - It's all I need. HOSER - Now. O'SULLIVAN - I have to confirm this, confirm we've received the application. HOSER - It doesn't solve the problem. O'SULLIVAN - You know. Let's make it quite clear where I'm coming from. HOSER - David, I've been having screaming matches with creditors left right and centre all week trying to hold them off, saying look I have the cash flow, I have the income coming, I have the Dee Cee is coming on Wednesday. Everything I've worked for for the last twenty years, you've taken off me. Now this is literally the last stand. I expected to walk in here and be issued the Dee Cee on the spot. Which is a reasonable thing. It is within your power, you can write one out. You don't have to tell me you can't because I've been through all this rubbish with Parks and Wildlife in Sydney, and struck up a deal where if I shut up about their corruption, they'd give me a licence on the spot. And they did. They issued three licences on the spot. O'SULLIVAN - Mmm, mm. (1/375) CONTINUED TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, DAVID O'SULLIVAN (VICROADS) RAYMOND (AKA PHILIP) HOSER, AND FAY MARLES. TRANSCRIPT IS DATED, 26/07/91 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT VICROADS OFFICE, DENMARK STREET KEW. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. (ORIGINAL RECORDING) EXCERPTS ONLY SEPARATED BY '#*#' KEY. MARLES = FAY MARLES HOSER = RAYMOND (AKA PHILIP) HOSER O'SULLIVAN = DAVID O'SULLIVAN TRANSCRIPT STARTS NOW #*# (1/126) HOSER - So you've read an RTA file, in other words, MARLES - Yeh, HOSER - Now can I please have a look at that file. MARLES - Well I haven't got it here at the moment. Um, HOSER - That would be worth, well, MARLES - As a matter of fact it's, O'SULLIVAN - We have no objections to you looking at all, any material in the files, have you got anything else, see I'm getting to the point where I shouldn't be here, HOSER - Okay no, there is, let me explain, well when I read this. (1/130) #*# (1/190) MARLES - Well now, I don't think we need to worry about New South Wales at this stage. I mean it may become quite clear from looking at the Victorian situation that that's all we need to look at. #*# (1/242) MARLES - Um, but as far as I am concerned I don't want it to take too long, but it's going to take as long as it takes. HOSER - There's more ... MARLES - Oh, I might become satisfied, LAUGHTER BY MARLES without to go through that whole suitcase. HOSER - Let me explain, let me explain, well this is a life and death thing in many ways, okay, MARLES - I appreciate that, HOSER - Now, one thing I do like, with everything I like to it properly, and if there's, if I see that by expediating things it won't achieve the desired result, then I'd rather take longer. If I can have the desired result in half the time I'm not stupid, I'd rather do it. It's like when your driving a taxi, and your going from point A to point B, and you can do it quicker, you would do it, won't you. If there's a short cut. #*# (1/299) HOSER - I know that what seems like an insignificant term can totally decide a case. MARLES - Yes #*# (1/313) MARLES - So um, putting cancelled instead of revoked probably it was, I wrote this er THE TERMS OF REFERENCE HOSER - Oh you wrote it, that was another question I had, who wrote that. MARLES - I did. HOSER - Oh well, that's that. MARLES - So, ah, putting revoked instead of cancelled probably reflects my ignorance of the niceties of that area, HOSER - Sure, sure, MARLES - And as far as the second of December was concerned, that was what was stamped on the thing, but, I mean, #*# (1/368) HOSER - See what I was thinking of, was for justice to be seen to be done, we'd be better off it's all on the record. MARLES - It's all on tape. HOSER - Yeh, MARLES - Um, I've got no problem with that, what do you think about that David? O'SULLIVAN - I have no problem with that whatsoever. MARLES - All right. HOSER - Next question O'SULLIVAN - I'm so used to being taped LAUGHTER BY ALL THREE HOSER - That's true. Now the next thing. #*# (1/418) MARLES - Ah, now, Natural Justice is obviously um, a critical issue, um, HOSER - A word I was going to mention actually, MARLES - Yeh, ah and, you have to know, people have to know what they're accused of. If somebody's saying something different from what you're saying, you have to be able to hear that, and be able to respond to that. HOSER - I've got no, no qualms on the subject of accusations, obviously both in writing in the past and now I'll make accusations or statements adverse to certain people, I have no objections to tell those people straight to their face, not a problem. MARLES - Are there any other procedural things. HOSER - Yes, very briefly, Um, right now, this, in terms of the guidelines, another question that's worth mentioning is compensation, um, I've been deprived of a taxi licence for quite some time now, and certainly since November nineteen ninety, in my view there should be no reason for that deprivation, and, I've lost substantial income, now my car's been reposessed, I am hitch-hiking, my house is being re-sold by the real estate agent, okay, um basically I've lost virtually everything I've worked for the last twenty years for, and is that a question you will address in these terms of references. MARLES - No, I haven't, certainly haven't been asked to do that. My understanding is, ah, that I have to, um, ah give my ah, decision as to whether I think you should have your licence. HOSER - Okay, so that's fine. MARLES - I believe that's the only thing. HOSER - Yeh that's fine. MARLES - Certainly my understanding all I was required to do, HOSER - Sure, I was just advised to, to to suggest that, to find out what the story was with that, um, cause it is a relevant, to me it's a relevant consideration, but obviously we can't do everything in one go, um, another quick couple of seconds please, Right now speaking of that, another thing that follows straight on, I doubt if we're going to get very far, we're not going to finish it today, it's a fairly safe bet. MARLES - Mmm HOSER - Um, interim Dee Cee, can I be issued with it.Under the Vicroads laws, if they are, when Vicroads are doing investigations, these are in my words not official words, when their doing investigations into the fit and properness of a given person, they are entitled to issue an interim driver's certificate. May I be issued one of them. MARLES - That's not something that I could possibly ah comment on, I mean that's not one of the things that I've been asked to do or could do, um and um, that's completely a decision for Vicroads, I mean Vicroads has, HOSER - They've said no at this stage. MARLES - That's right, now, I've been asked to come in to find out whether I think that their right or wrong with what they've done. Ah, I can't at this point say, you were wrong about not, um HOSER - No, no I've said pending your decision, MARLES - Giving a temporary, no, no, I don't think I can say that anyway. HOSER - Fair enough, as they say, don't ask don't get. MARLES - Oh no, they, I think that's right. HOSER - Um, oh yeh, presumably your going to be taking notes. MARLES - Yes. HOSER - Would I be able to have access to your notes at the end of the hearing. MARLES - If you can understand my writing. HOSER - You probably don't, you probably never, you probably never get asked these questions before, I know that. Um, if you had any idea as to what I've been through you'd understand why I'm asking these questions. MARLES - Well actually I would prefer not with that, because um I take notes and they tend to be simply um, things to remind me of how we spoke, we've got the tape here which says everything accurately and what I'll be doing actually is going back over the tape, rather than relying on my notes. I can only say to you that my notes are simply taking notes of what your saying they're not things like um, ar any value judgements, like this sounds like rubbish or this is a good point or something like that. It's ah, simply factual stuff. HOSER - Knowing that, what one records quite often, like I might say twenty things and you might record fifteen, and it might turn out that that will. the ones that you have taken more relevance or notes of might influence your decision in a particular way. MARLES - That's right. HOSER - I'm just very paranoid about all these different sorts of things. MARLES - Well that's actually the reason I don't want you to see the notes. Because ah, you will assume when you see the notes that that's the basis on which I made my, decision. HOSER - Oh no, I would not assume, I would speculate, but not assume. MARLES - Where as, as this is being taped and that's probably a terrible noise I made then SHE'D HIT THE MICRO RECORDER ON THE TABLE MARLES - Um, the, the notes I take, will not dictate what I remember and what I don't remember, um, and so, I think ah, the notes will simply, a, will you be taking notes. HOSER - Oh, I don't know, I presume I'll be doing more talking than actually asking questions. MARLES - Yes, yeh. #*# (1/510) MARLES - Um, if ah, you, your view is different from the other person's as to what happened, then it's very important to get ah, somebody who is able to say I saw it, and that's and so I would be asking in that case is there anybody who could substantiate what you said, and I'd be looking for somebody who could do it first hand. HOSER - Sure, Okay, MARLES - So, I think that there's no question about that, but um, I could ask you if I'm doubtful about something can you produce somebody who'll be able to substantiate it, but I don't want to have you parading half a dozen character witnesses for instance, um, HOSER - No, I'm aware of that, Okay. HOSER - Um, right, I think that's it David, thanks a lot for your time. O'SULLIVAN - Okay, well all the best. Take it easy, remember what I said. HOSER - Yeh, no worries. O'SULLIVAN - Thanks Fay. HOSER - All the best. O'SULLIVAN - I'll just get someone to drop one of those in, MARLES - All right, HOSER - The blank tapes, O'SULLIVAN - There's two ladies over there, Anne, Anna and Margaret, if you need anything at all they'll help you. MARLES - Okay HOSER - Yeh, I need a lot of money actually to pay the bills. O'SULLIVAN - I can't help you with that one. HOSER - Okay, #*# (1/563) MARLES - Ah, the only mention of "NAME SUPPRESSED" that I got in the file, was in a letter that you wrote. HOSER - Oh right, I probably mentioned him somewhere. MARLES - So, yes you did, and um, I, I didn't get any sense from the file that he was particularly significant except from your letter that suggested that you thought he was significant. 27/06/88 Incident at 5.50 A.M. in Murphy Street Richmond. Five offences alleged 1/Red light 2/Speeding(Unspecific) 3/Fail to indicate 4/ No seatbelt 5/ Resist police Booked ONLY because I disputed police claims, and because of my BAD ATTITUDE. Booked only for two of five alleged offences. (2 and 3) V-aggressive police officers. An attempt made to arrest me for no good cause. (See tape). Taped all conversation Tape recorder was visible for first half of conversation/incident. Police car parked V-dangerously for duration of incident. Police refusal to move car despite ample 'good' parking both in front of and behind my car/taxi. Police threatened my employment. Alleged drug or alcohol use. Stated on tape THAT THEY DIDN'T KNOW WHAT SPEED I DROVE AT, (This point was pressed). Stated on tape That they didn't see me indicate. Police officers were V-aggressive at ALL times. I got offside with them at the very start by stating that I had gone through an orange light and not a red light. (Don't argue with police). No mention of whether or not I indicated from Swan Street. Both parties aware of driving (following one another) from Swan Street to Murphy Street. No attempt made by Police to pull me up at any time. Police were doing General Duties, Richmond. TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND HOSER (AKA PHILIP HOSER), JOHN PERRY AND PETER MONCRIEF (BOTH OF THE ROADS CORPORATION AKA RTA). TRANSCRIPT IS DATED, 27/08/89, IN THE EVENING. INFORMATION RELATING TO THE TRANSCRIPT: AT TULLAMARINE AIRPORT, IN THE VICINITY OF THE INTERNATIONAL AIRLINES RANK. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. HOSER = RAYMOND HOSER MONCRIEF = PETER MONCRIEF PERRY = JOHN PERRY PASSENGER ONE = PASSENGER WHO GETS INTO HOSER'S TAXI PASSENGER TWO = PASSENGER WHO GETS INTO HOSER'S TAXI PASSENGER THREE = PASSENGER WHO GETS INTO HOSER'S TAXI PERSON ON RANK = PERSON WAITING ON TAXI RANK WHO DOESN'T GET INTO TAXI TRANSCRIPT STARTS NOW HOSER WALKING TOWARDS MONCRIEF HOSER - Oh, where's he gone. Where's Mister Perry Gone? MONCRIEF - You gonna tape him are you? He probably ... HOSER - No, no, no, PERRY - It's just the way it goes. ... HOSER - So, what. This incident, when did it occur. I've got the name of the guy here, I've got the bloke who was in the cab. PERRY - What did he tell you? HOSER - Look, I didn't know you, and thought, this guy's an S O B ABBREVIATION FOR SON OF BITCH , he'll probably do a summons. My passenger thought, he didn't think much of you of course. And um, um, so I got his name and just that. And how comes, what was the date of the incident? Do you remember off hand? PERRY - Oh, I can't remember off hand. HOSER - How comes it's so long? PERRY - Why is it so long? HOSER - Now how, how can I be done for touting if I was multiple hiring? PERRY - Well you weren't at the time, ... HOSER - Sorry? PERRY - You were touting at the time. That's what I was ... HOSER - Touting and multiple hiring, according to this man here MONCRIEF , multiple hiring is where you verbally grab someone by the arm and drag them into the cab. MONCRIEF - No you mean touting SEE TRANSCRIPT 05/12/88 MONCRIEF WAS CORRECTING HOSER'S PREVIOUS SENTANCE PERRY - No, you can only multiple hire when, HOSER - No, no, PERRY - On several, MONCRIEF - Is this thing on or off, turned on or off? HOSER - Don't worry about these things, they don't matter, their not important anyway, um, there are, HOSER - No according to him, he said to me, PERRY - Who? HOSER - This man sitting, standing right next to you, MONCRIEF , he said to me that touting is when you verbally grab someone by the arm and put them in the cab. Now if I'm multiple hiring and I offer someone a lift, what is, what is wrong with that? PERRY - You can only, multiple hire, is when, you get agreement from the first passenger that gets in your car, HOSER - Right, PERRY - He's got to agree, HOSER - Yeh, which he did. PERRY - Which he did. HOSER - He concented before we hit, before we entered the grounds of the airport. ... PERRY - Part of the same conditions is that they've got to be travelling in general direction. HOSER - Well there was no detour at all. HOSER - So where are you? PERRY - I don't think you'll find that a magistrate will agree that coming from the city to the airport is the same direction as going from the airport back into the city. HOSER - This man was here, I am going to there. PERRY - Why didn't you drop him up the top where you should have dropped him at the arrivals. ARRIVALS IS AT THE BOTTOM, PERRY MADE AN ERROR HERE, HE MEAN'T TO SAY DEPARTURES, (I PRESUME) HOSER - Well he wanted to get out at the bottom. HOSER - He wants to get out at the bottom, I dropped him at the bottom. PERRY - All right. HOSER - He was going to the TAA, ARRIVALS TO MEET SOMEONE PERRY - Yeh, so he should have been dropped up at the arr, up where they depart from up, up the top. HOSER - Sorry? PERRY - He should have been dropped at the top, shouldn't he. HOSER - Yeh, ah where's your friend gone. PERRY - Sorry? HOSER - Where's Mister Moncrief gone. I don't want to leave my cab if he's gonna run over and stick a ticket on it you see. Um, PERRY - Well if I were you, I'd go, with it, it's getting very busy here. HOSER - Yeh, I'm aware of that. Now, are you, are you gonna harass me if I try to multiple hire, seeing it's gonna be horrendous. PERRY - I certainly am until there's no cabs left. There's plenty of cabs, HOSER - Oh right, yeh, but when there's no cabs, PERRY - Right HOSER - You won't object to me multiple hiring. PERRY - Not if it's done properly. HOSER - Well, if I ask someone where am I going I won't get a ticket for touting will I? PERRY - Well for a start, what you've gotta do is someones gotta book your cab, and then when he gets in, you then have to ask him, does he mind, seeing that there's so many people waiting for cabs, HOSER - Yeh, that's not a problem. Um, PERRY - MUMBLING HOSER - But then if he gives the concent, your not gonna whinge at me for putting people in. And the next thing, if I have a five seat taxi, and they have no objection to me putting five people in, are you going to object to me putting five people in? HOSER - Because you did the other day. ON 17/08/89 PERRY - If you've got a cab that carries five people. HOSER - Yes, and the other day I, PERRY - As long as all the passengers agree to it. HOSER - Yeh, PERRY - It isn't only the first person, the second person might object, HOSER - I am aware of the sit, I am aware of all this, PERRY - And then they might only want two in the cab, you know. HOSER - Yes, I explain that to them, I explain that to them as they go in. But the catch is, is the other day, I was up there, I had three people in the cab, none of them objected to me taking a full car, and you were, you were getting all stroppy with me for overloading when I only had three in the cab. PERRY - No because what was happening, is was, if I recall rightly, the luggage wasn't secured into the boot properly, was it. HOSER - No, no, no, you whinged about that afterwards. PERRY - I didn't whinge about it. I just pointed out to you that the luggage has got to be secured. HOSER - I have never lost a bag yet, and I've driven cabs for quite some time. PERRY - Well, people who lose things out of vehicles probably don't know about it. HOSER - Whaddya mean they don't know about it! If they lost their suitcase, do you think they, they wouldn't know about it when they got to their destination? PERRY - Well I don't know. HOSER - What do you think they are? Stupid? PERRY - MUMBLING Ay? HOSER - Do you think their stupid or something? PERRY - Oh, yeh, HOSER - Look, if, if she lost those two bags POINTING AT LADY COMING OUT OF TERMINAL WITH TWO LARGE SUITCASES , do you think she'd know about it at the other end? PERRY - I'm not sure. PAUSE PERRY - Maybe so. HOSER - That's correct. PERRY - But, what I'm saying is, that you wouldn't know as you were going along that you'd dropped something out of the boot, because, you know, till you got to right the way in the city, it'd be gone then. Wouldn't it? HOSER - Possibly, that's, that's true. But speaking about loosing baggage, the only time I have ever seen anyone lose baggage is the Skybus when it all fell out the back door driving down the freeway one day. Now, ... that wasn't a taxi. Um, PERRY - If I were you I'd go and get and start moving your cab HOSER - Oh I will. Yeh, just, PERRY - Take it away, because I'm going over there now. HOSER - No worries. All right, I'll go over and move my car. HOSER RUNS OVER TO TAXI HOSER - Ah, today is Sunday, ah, in the last week of August, the last Sunday of August, I don't know the date off hand, nineteen eighty nine, I'm switching the tape across to slow speed anyway. TAPE IS SWITCHED ACROSS €SRP7 HOSER - No worries, I didn't realise you'd come up behind me. Sorry about that. PASSENGER ONE - You wrote it? HOSER - Yeh I wrote it, it's my literary masterpiece. HOSER - Oh it's like a zoo here. HOSER - Yeh, it's busy 'cause there's been a plane strike, PASSENGER ONE - Yeh we know. HOSER - And you'll probably recognise, PASSENGER ONE - Well, we've been in Melbourne for two weeks. HOSER - Oh right, so you know the story. PASSENGER ONE - Oh, we know what, you know. HOSER - No worries, I won't be too long, I'll only be few minutes. It's like a zoo here. HOSER - And where are you off to? PASSENGER TWO - Brighton. HOSER - Is it just you? PASSENGER TWO - No, HOSER - Two of you. You don't mind sharing with some others going that way? Because we're going that way. PASSENGER TWO - Can we fit in? HOSER - Oh, yeh easy. Yep, hop in, PASSENGER TWO - No worries, HOSER - Come this way. If you can give me your bags. Thanks, if you can give me the big one. Oh you've done well. PASSENGER TWO - There you go. HOSER - Right, I'll have that one, that one there. HOSER PACKING BOOT OF TAXI HOSER - What else do we have there? PASSENGER TWO - That one there. HOSER - That one can go, there. PASSENGER TWO - All right, HOSER - No, that one can go there, HOSER - No worries, I'll put my one on top. HOSER - Where are you off to? PASSENGER THREE - Toorak. PASSENGER THREE - MUMBLING HOSER - Don't worry, we're gonna go. Your first out anyway, don't panick, there we go. PASSENGER THREE - Who's that guy? HOSER - I'll tell you the story as we go along. PASSENGER THREE - Aaagh. HOSER - You all right there. PASSENGER THREE NODS HOSER - I'll see if any of these are going beyond your way. I'll just be a tick. HOSER - And where are you two off to? PERSON ON RANK - Ah, we'll get a cab. HOSER - No worries. PERRY - Mister Hoser, HOSER - Yes, PERRY - You are required to attend an interview with Mister Ashton on Monday between one O'clock and four O'clock, HOSER - Hold it, hold on, hold on, PERRY - Now hang on. Um, HOSER - Yeh, PERRY - I have been instructed to tell you this. HOSER - Right, you've been instructed to tell me what. PERRY - That you are required to attend an interview with Mister Ashton, inspector Ashton. HOSER - Well if he wants to talk to me in person, PERRY - No listen, listen, listen, I have just been instructed to ask you to attend. Okay. HOSER - One moment, PERRY - And, and I have done that, Okay. HOSER - I'm sorry. PERRY - Righto, ... PERRY MUMBLES ON TO HOSER'S PASSENGERS IN HIS TAXI HOSER - This man's a bit of a ... TO HOSER'S PASSENGERS PERRY - You don't have to share a cab if you don't wish to. HOSER - Hold on we've already established that, we've already PERRY - All right, HOSER - Established that. PERRY - If you want to, HOSER - Oh this man's a bit of a trouble maker, don't worry, um just delaying, a minute. PERRY - If you to go in with other passengers you may pay seventy five percent of the metered fare. All right. HOSER - Now just before you go. Just before you go, you say I am required. I have not received a summons to appear at the Road Traffic Offices, PERRY - Well, look, HOSER - I will, deal with him, Mister Perry, I will deal with him in writing, he has received a letter from me, PERRY - Okay, fair enough, HOSER - He knows that Okay. PERRY - Listen, I've just asked you. I've done what I've been told, all right. HOSER - Okay, okay, you've done what you've been told. You can go back to Mister Ashton and tell him PERRY - MUMBLING AS HE WALKS OFF SLIGHTLY WITH HOSER FOLLOWING HIM HOSER - No worries, you can go to Mister Ashton and tell him to deal with me in writing. PERRY - All right. HOSER - Okay. WALKS BACK TO HIS TAXI HOSER - Oh, I'll just secure the boot. HOSER - PACKS BOOT AND CAN BE HEARD MUMBLING HOSER - It's like a circus, I'll tell you a little story about that man in a minute. Do you mind if I ask where these guys are going or is that too much to ask? PASSENGER THREE - MUMBLING END OF TAPE AND TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) JOHN W. PERRY (RTA), PETER MONCREIF (RTA) DATED 28/9/89. MATERIAL UNDERLINED IS NOT TRANSCRIPT. TRANSCRIPT WAS AT MELBOURNE'S TULLAMARINE AIRPORT AT THE INTERNATIONAL AIRLINES TAXI RANK AFTER DARK IN THE EVENING. Key. H = HOSER P = PERRY M = MONCREIF START OF TRANSCRIPT P - Um, I just want to have a look at... I've got a query on your driver's licence, I'd just like to look at it. H - What's your query? P - I just want to have a look at it. Show us, all right. H - Ah please do not interfere with me too much Rank was moving foreward as a plane had just landed and taxis were now moving off and picking up fares P - Nah no, H - Ah where's he gone, oh go round me Hoser to other taxi driver waiting for Hoser to move his taxi forewards H - Ah M - Mumbling H - Yeh I know, Ah, H - So how have you both been gents? Good or bad? P - Very good thanks. M - All right there. M - I would suggest that you roll it foreward. P - Go foreward thanks H - Yeh no worries, just don't prang it. H - Ah, there you go. P - And where's your, er your actual er DC. P - The photograph H - Yeh, that'll do, that'll do. Hoser to other driver moving his taxi P - Mumbling at a distance. P - That's your licence, please show us your DC...Driver's certificate. H - O.K., how's that, that's looks better doesn't it. P - It does. P - Well Mr. Hoser I'm confiscating these, all right. You'll now note there's a letter. Your now no longer li.. have a driver's certificate, M - Mumbling P - All right. H - Talked over when about to question Perry P - My instructions are to confiscate these off you. H - What's this? P - That is a letter from the Authority to you explaining er, H - So you have confiscated it out here, now what am I mean't to do. Am I meant to drive it straight to my home or what? P - You can drive it back to the owner, right. H - So this means er. P - I don't know what's going on. I've just been told to do this. H - You obviously do. P - I don't H - Now er, before you go anywhere. P - Right H - The cancellation is effective from the date shown on the notice, twenty sixth of september ... the interstate disqualification has ...it is an offence to drive after a licence has been cancelled, you are required to ... please attatch the envelope to the copy of this notice and return the licence. Essentially read from the letter handed to Hoser dated 26/9/89 signed by A N DECKER H - Well how can I attatch the ... you have to ... P - Mm, Mm, H - You are going to have to give me back my licence because I have to return it with this letter. P - Well you can give me the letter, and er... H - No, I'm sorry, I have to, I have to abide by the rules in this letter. Now come on, fair things, fairs fair, it says quite clearly your the roads corporation, you've written in this letter. It says, as it, please attatch the licence to the copy of this notice and return in the post paid envelope. You do not have a warrent. P - That only H - You do not have any legal document to take the licence off of me. I'm only required to produce it on request. Now can you please the licence now and I will put this in the post first thing in the morning and er... P - I'm sorry, there is no need to do that because we have now got posession. That is only if that was posted to you. H - No, no no no no, Mr. Perry the laws are P - My instructions are quite clear to me, by a senior officer. H - Which senior officer, name him please. P - Ashton H - Mr. Ashton, P - Right R - He's the same as you, he's another one of you. There is nothing on this, there's nothing, you don't have any ... P - I know what I've been asked to do, right. You now no longer have a Victorian driver's licence, subsequently your DC is now um, cancelled. H - Mr. Perry could you please return me that licence now... P - No H - Because you do not have the right to take it off me just in the street. P - Well we've done that, and you will have to take the vehicle back all right. H - Hold it, hold it, now could you please return me that, because I cannot abide by this letter, your aware of that aren't you, I cannot fulfill the request in this letter if I do not have a licence. Do you understand that? H - Do you understand that? H - Yes or no? H - A no.. officer, I take it that your being a complete and utter, I'm not allowed to swear so I'll leave that word blank. Now, are you going to return that licence or not. P - I've told you. H - You are aware that I cannot abide by this letter, O.K.. H - Do you want me to read it to you? P - My directions... H - Please attatch the licence to the copy of the notice. I do not have a licence, I cannot attatch to here. P - No you can't. H - Fine, O.K. next page. Ah, can you please stand here while I read the entire letter. Plane noise overhead and no voices here as we wait for it to quieten H - You're aware that that is subject to an appeal? H - Here offence details Redfern five ten eighty eight, drive whilst disqualified, you're aware that these are subject to appeal? H - Are you aware of that? Yes or no? P - Mr. Hoser H - Mr. Perry, yes or no, I'm entitled to an answer, you are being obstructionist. M - ...Keep quiet. P - I am at under instructions that I have to have have to confiscate your driver's licence and DC. H - Right, I'm giving you, I'm giving you notice now I intend appealing to this O.K.. Do you understand that? Can you please relay that to your superiors, yes or no? P - I most certainly will. H - Can you relay that to um, P - You might make a note of the time it is now almost nine thirty P.M. alright on the 28th of the ninth. H - Sorry P - It is approximately nine thirty O.K., P.M. on the twenty eigth of the ninth, nineteen eighty nine, all right, this action has been taken since nine twenty eight if you want to be precise, O.K. H - Did you come out especially to look for me. You must have, you've got this letter. P - One of my jobs was, that if I was, that if I saw you tonight, I had to carry out this action. H - Dated the 26th... P - I'm sorry I didn't know anything about it until yesterday, I was, I was asked... H - Your obviously not sorry, you don't start giving me that garbage. Um, another thing, when do I get my camera gear returned. P - I don't know anything about that. H - Well your friend Mr. Olsen said that you had taken it. Not you personally as in the Road Traffic and the police had taken it. When do I get it back. P - What camera gear? H - What camera gear, what camera gear. You know the camera gear I use. P - Look I'm sorry I don't know anything about it. Look I'm, as I said I'm acting under instructions and, and that's the end of it. H - So I'm prohibited to go over there and pick up someone? P - Yes. H - Why not? About thirty people waiting for taxis and none left in the grounds of the airport. P - Because you no longer have a driver's certificate, so you cannot operate a cab for hire. Mm. H - I have an obligation with this taxi, I cannot fulfill the. P - I can assure you that... H - Can I please have a look at this er, that letter again, just breifley. H - Because there's a couple of anomalies here. If I may appeal the decision to a magistrate, presumably the licence is not suspended. P - So what action you take tomorrow with the Authority is up to you P - Now I, H - If I have a matter subject to an appeal, that means I'm still able to drive. Does it not. If it's still before the courts. P - Look I've just been told to do something which I am carrying out my duty. H - Mr. Perry you are a law enforcement officer, you are entitled to know the law otherwise you shouldn't be working. I think your a thug in the first place O.K., so I don't think you should be working, but at least you can try and justify your existence and explain the legality of it. P - I am not required to stand here and talk to you any further, I've done what I've been told to do. H - You are certainly required to answer every question that I'll put to you. P - Mumbling H - Now, here it says, er, if I may go to you, section twenty six of the road safety act nineteen eighty six provides for the right of appeal to the magistrates court against this decision. If you intend to appeal you are required to give at least fourteen days notice of your intention in writing to the Roads Corporation and the Clerk of the court concerned. However section twenty six five, provides that the court must confirm the decision of the corporation, if it is satisfied that you are, in fact, disqualified in some other State or Territory of the Commonweath. That's not what the previous letter said. Now, if the matter in the other state or territory is the subject of an appeal, surely this has no relevance here. Is that not correct? H - Or is this just part of your harassment? of me. P - Listen, I'm just, as I've told you before carrying out an instruction that I was given yesterday, and er, that is the end of it as far as tonight goes. Now tomorrow... H - No, no, no H - It's not the end of it, P - Good evening Mr. Hoser. H - Mr. Perry H - I have further questions to ask you. P - Mumbling H - You are. Mr. Perry you are entitled to answer these further questions. Your walking away, I regard that as further obstruction on your part. Now... M - I like that H - Well it's true isn't it. M - No, you walk away, your obstructing, I like that. H - Well, you, you, M - We're not here to give free legal advice. H - No you are here O - Where have the rental cars moved mate? H - Sorry? O - Where have they moved the rental cars to? H - No these guys don't know, these cars don't know. O - All right. O - Mumbling. H - I'm going to this page. I'm not sure... This is the last of the pages yes. It says here please return with licence. How can I return it if I don't have a licence? P - You've just given it to me, all right. H - How do I...you've just given it to me. P - Shouting over Hoser who now raises his voice H - You've just given me a letter, you gave me a sealed letter addressed to me. Now why should I give you a letter. M - Look we'll return the licence and DC for you, we're saving you the trouble. P - If you want me to return that and save you posting it back. H - Mumbling ... I would prefer to return them myself as the letter says. M - We've been instructed to take them and give them to them. P - You can count that you've handed your licence and DC to the Authority, my being an officer of the Authority, right now, if you want to give us that letter of approval, ... H - Mr. Perry, there is another letter which I have from the Authority which states quite clearly that we are only to business with you during office hours at one, I think it's one eight nine Burwood Road Hawthorn, is that the address? Whatever the number is in Burwood Road Hawthorn. P - Well that's only the office. H - Now, now, that your letter P - Mumbling H - No, no, no, it says any business with the Road Traffic Authority. P - Good evening Mr. Hoser, and take the car back to the owner please. H - You can wipe the smile off your face for starters. P - I'm not smiling. H - You certainly are. H - Now um, there's a next, there's more questions I wish to ask you, O.K. H - Now um, you have a legal duty... P - We've got other work to do. H - You don't have any other work to do at that's constructive, so you may as well stand here for a minute and um, Perry Walking off H - Mr Perry, um, I'm just going to have to follow you for five or ten or minutes till you answer my questions. P - I have nothing further to say to you Mr. Hoser. Anything further you wish about this matter may be done with the Authority tomorrow during working hours. H - Seeing that the Authority don't particularly want to discuss. Why should the Authority want to discuss something tomorrow if they don't want to discuss something today, particularly in view that they haven't even answered the correspondence that I7ve sent them. P - I don't know what sort of trouble you're in with the Authority. H - You certainly do. You certainly do. H - Mr. Perry, why is it, can you explain to me, why is it that I have been denied, the the er, the opportunity to er make a submission to the authority as previous correspondence said. Why is that so? H - Well can you answer that? H - You are no doubt aware of the procedures of revocations of licences and certificates. You've been an officer in the Authority for a number of years as you've told me previously. Why is it that I was refused the opportunity to present a submission when I had indicated a willingness to do so? Can you answer that Mr. Perry? P - Listen. I don't know anything about your prior history with the Authority. H - You certainly do Mr. Perry. P - I do not. I've had nothing to do with it. H - You certainly have Mr. Perry, and and... P - Well what have I had to do with it. You tell me. P - This is the first time I've had any dealings with you personally except for one other time when I put you on a report for touting. H - Well you're wrong there because I have tape recordings of you on about ten different occasions. P - Not, not on an official H - Well every time your in uniform, you are on official business, and I've asked, I and and, just recently you were there obstructing me when I was multiple hiring and there was a large number of people standing here and you were whinging about luggage in the boot and whinging about this and whinging about overloading when I, when I was within my licenced capacity. During beginning of airlines dispute when airlines were flying from 9 AM to 5 PM, and hundreds of people were left stranded at Tullamarine airport at about 5 PM, and RTA officials were doing their best to make it hard for cabbies to multiple hire Now was that not official business, or did, do you recall that occasion? P - Talking over All I'm advising you now is at the moment you are no longer the holder of a Victorian driver's licence. H - You haven't answered my question. Do you remember that occasion during the strike? P - Or DC. H - You do recall that occasion Mr. Perry. P - So please don't operate your taxi here, or else I shall have to report you. H - I'm going to drive, I'm going to drive off. Mr. Perry you haven't answered my question. Do you recall that occasion there during the strike about three weeks ago. P - I can recall you being there yes. H - Thank you, that's one more already. You've told one lie in front of me. Now um, ... we'll go back to the business where I, I, I am permitted... You've just stolen my licence off me, which isn't. Yeh, I'm allowed to produce my licence, but you don't just walk up to someone in the street and take their licence. P - Well I've been instructed to do so, as I've told you. H - I don't know the legality of that and I doubt that it's legal. P - All right if it's not legal you'll be able to take action, won't you. H - Well you know the way the Victorian legal system operates, and it certainly doesn't operate in the best of ways. Um, P - Can you return the cab to the owner and then sought it out tomorrow with the Authority, all right. H - Excuse me, I missed all that. P - I said return your vehicle to your depot or your owner and do not operate it as a taxi cab tonight right, and tomorrow you can go and sought it out, all right. H - You don't have any desire to sought it out Mr. Perry. That's the impression I get. P - It's not for me to sought out, it's for you to sought out with the Authority. H - Oh, utter rubbish. Look, there are some further questions I have to ask. You stated that this letter's come from Ashton. P - I don't wish to answer any more of your questions. H - You stated this letter has come from Mr. Ashton, is that correct? P - Mr. Ashton gave me the letter, he gave the letter, to see me to confiscate your driver's licence. H - Is there any particular reason ah, there is no name signed on this letter, can you, it's all right, I take that back, there's an A N Decker, manager licencing services, P - Right H - On this one is Decker, on that one is Decker. Now can you explain to me why Mr. Decker didn't give you the letter to give to me. How did it fall into Mr. Ashton's hands, or is it that all of you in the inspectorate togeather are colluding to harass me in the same way you've harassed Mr. "NAME SUPPRESSED". P - I'd imagine Mr. Decker passed it to the inspectorate knowing, knew that I was on duty tonight, and might see you, so they passed it on to me. H - So one inspector who within the inspectorate goes, passed it to you. Is that a reasonable thing? Now, who's who's the boss of the inspectorate, well as in your superior. P - Senior, senior, Bob Parker. H - Bob Parker? P - Yep. H - Have I met him at all? P - I don't know. H - To, do you P - I think you probably have met him. H - What, does he, does he... P - Have you been, have you been the office at all? H - I've been in the Burwood Road office sometimes. P - Or Mr. Len Hoggins, do you know him? H - Not by name, neither of them. Ah, P - They are our senior inspectors at the office at Hawthorn, so I suggest you go to there tomorrow and sought it out all right? All set for now. H - Next there, there's another thing, er, you may apply after interstate disqualification has expired. Does that mean if I hold a current licence, this thing here states quite clearly all right; the cancellation is effective from the date shown the notice and you may apply for the re-issue of the licence after the interstate disqualification has expired. P - Right H - Now, if I have an interstate licence that means I can then re-apply for a Victorian licence is that correct? P - If you have been disqualified according to this letter, if you are disqualified in a state, until you are re-qualified in that state, not any other state, then you may have it back. P - If you have more than... H - If I don't live in a state, if I don't live in a state, what's the purpose of me having a licence in that state? P - I don't know. How many licences have you got? H - I don't know. P - You don't know. You've got more than one licence? H - Yes. We've been through all that. H - We know I have more than one licence. P - How many Victorian licences do you have? H - Two. P - In the same name? H - No, we've been through all that. P - We've been through all that In concert with Hoser above P - Well where's your other licence? H - I don't know, I'm not sure. P - Well you've given me one, have you got the other one. H - I don't think so to be honest. It would probably be on your records, I don't know if I have the actual licence. Um, I obtained it a number of years ago. P - You, you haven't got it in the car, another licence. H - No, no I don't, you can search the car if you want. P - No I don't want to search. I'm asking you. Do you ... H - No. P - Oh. H - Now er, P - Good evening Mr. Hoser we have to go off duty in a minute. H - No, no Mr. Perry, don't give me that rubbish. er, P - Well of to have look at a good book tonight, and it's now quarter to ten, ... H - Right, that gives, that gives us an hour and fifteen minutes. P - Well we're not going in till eleven o'clock. H - Well I'm sorry, if you officers have time to come round to my house and try to break in, you've certainly got time to spend a few minutes talking to me here. Ah, further question for you Mr. Perry, P - Well there's no need asking them because I've no longer got time to answer them. H - Right, here it says quite clearly, the cancellation commences twenty sixth september eighty nine, today you've already stated is the twenty eighth. Does that mean I have been technically breaking the law for two days or does it not. Because I haven't seen this letter? P - Well obviously if you don't know about it, then er, we can't hold that against you. H - Now if I don't know the legality of this letter, and I regard your taking my licences now as illegal, presumably I would be allowed to keep driving till I have the legality clarified, is that correct. P - Well I'm telling you, as an officer of the authority, that you ... legal. H - No, no, no, no, no, no, no, I'm not worried about what you ... Presumably, if I don't know the legality, if I don't know the legality of what your saying, and you've already told one lie to me already, surely, if you've told a lie to me and I don't know the legality of what your saying, I am then allowed to drive. P - I never told you a lie, ... didn't I. H - Just earlier, you said you've only been on official business twice, this being a second time, and then, P - When I, H - Then on cross examination P - ...official as far as serving any papers, or H - You never served any papers on me, up there. P - Taking you to court. H - You haven't taken me to court yet! P - We have tried to, and couldn't serve the summons on you. H - What do you mean, you couldn't serve it, you've had no problems serving letters on me. Don't give me that rubbish. P - Well, there is now a summons due to be served on you last week, by the police. H - By the police. Which police? Where? P - I don't know. H - Your friends in Kew no doubt. P - I s'pose. H - Or or Mister Bingley, ah ah, Mister lier in court himself. Ah, well, I, I have to ah, ask this further thing. Is it an offence to drive after a licence has been cancel, cancelled. You are required to return the cancelled licence to this office as soon as possible. There is no date on that, as soon as possible, that's a pretty broad sort of thing. That could mean next year. P - Obviously you've been very hard to catch up with, that's why it's worded... H - No, I haven't been hard to catch up with. Mr. Ashton has had no trouble coming a number of times to my house, despite my protestations. The post office has no trouble finding me. P - You protested so we, we thought it would be nice for us not to call at your house. So that ... H - Not break in? I doubt that, I doubt that. P - Oh, H - Um P - Oh, H - So you thought out of, out of your, the goodness of yourself, you thought you wouldn't come and visit my house, and harass me at the house. You'd catch me on the way to the airport. Is that correct? P - Mr. Ashon knew I was on duty at the airport. He asked me if I saw you, to do what I've done, all right. H - That is to take my licence off me. P - Correct. H - And um, P - And the Dee Cee. H - And the Dee Cee. Did you take the little bits of paper? P - ... Anything that pertains to driver's licence. H - I'll just have a look. P - O.K. H - There's more here, there's more here. P - Mm H - There's more here. H - Mm, that's interesting. Do you want this? H - Piece of paper, Road Traffic Authority, your photographic replacement licence is enclosed, ... concerning licence. Join the R A C V. Do you want that? P - No thank you. H - Are you sure? P - Positive. H - O. K. That's fine. H - Now ah, well he's just having a, a friendly conversation with these men, so ah, I've got more questions for you Mr. Perry. P - I don't want don't answer anything. H - O. K. H - Oh, Mr. Perry, um, neither of you would have any objections to being subpoenad to court would you? In relation to this. Would you? P - No. H - You wouldn't (Addressed to Moncreif) M - We'll just say we served this upon you that's all. H - No, but we can talk about our other incidents here, such as you obstructing me multiple hiring up there, and ah, and some of the comments my passengers said about you. I mean we did ... as well. O.K. Ah, and also the man up there, who told me, accused me of ah, touting. He's willing to appear in court against me as well, O.K.. See you later. Hoser get's into taxi and sits down before speaking into the tape recorder H - It's thursday, and the time is nine fourty three, ah, and that was Ashton (Mistake, meant to say Perry) and Moncreif, ah and they were standing with three FAC officers on the other side of the road. END OF TRANSCRIPT TRANSCRIPT of conversation on 29/9/89, between P. Hoser and R. Bingley, inside Melbournne Magistrate's court at about 2.45 PM. The quality of this recording is not as good as usual. Tape was turned on as I was about to ask the clerk of courts a question. I turned around to see Bingley standing there. The tape was however concealed and I was wearing a tee-shirt only so he probably failed to realise I was armed with the recorder. KEY B = Bingley R = Philip (AKA Raymond) Hoser Conversation listed as mumbling was inaudible on the tape. ... means conversation continuing but inaudible on tape. Material in brackets is not transcript. (Start of tape) B Oh, hello, R How are you? B Hey, easy mate, here in court. You shaved off your moe! R Mumbling B Been doing some working out have you? R ... with problems with ... with the road traffic authority. B You've had a bit of um R Bother R Mumbling B We've um, we've got our trial coming up R And? B I need um, the transcripts, I need a copy of er, (Transcripts of case heard in december 1988, re Bingley/ Bowman / O'Shannessy) R Why, why do you need the transcripts? B Because there was an order made by the magistrate, er, R No there wasn't. B Mumbling R We undertook to supply you, but there was no mention of costs, those transcripts cost me a thou, over a thousand dollars to type B Mumbling, hang on, OK, R If you want the transcripts I think it would be reasonable to contribute to costs. B Right R Understand that? B No problem B You have got um a, mumbling R That case, that's it. No the undertaking was that we would provide the transcripts with no mention of costs. The costs have been expensive and we expect to get paid. I expect to get paid. You work for the government, you have limitless money, B Mumbling R You've got limitless money, I don't. B All right R I am a very poor person. I don't have lots of money to spend. Therefore if you want a set of transcripts, you have to pay for them. B Fair enough R Why it is that is to pay the costs. You might as well..mumbling B We won't, we won't be going ahead. R Why not B Unless we get the transcripts, because of... There was an order made by the magistrate. R Oh...You don't need them in court surely? B Mumbling R You won't tell lies again, will you? B (No answer) R You will or you won't? B As I said R You will or you won't tell lies, you know the answer, is that a yes or a no? B Well I have to be very careful when I've spoken to you, as you understand. R I understand, as you've been caught out twice. OK. B Yes. R But um, so that's the situation. I've been instructed by my advisers and I won't name, not providing the names OK, now if you want to go before the judge or magistrate and charge me with all you want, I don't have to be ..., I know I'm not impressed with the Victorian court system ... R Now er, that's the siuation. B Now what's happening with all your other matters, I know about the Kew incident. R Oh you know more about that than I do. I don't know. B Your not getting your camera back OK. Mumbling R You can, their your friends. But Mr. Olsen said you've got it. Mr. Olsen's one of you guys, he's a an RTA man. Now Mr. Olsen said you've got the camera gear. B I'm not aware of him I'm not aware of him R Like fun, you your ... is investigating it, so, and don't tell me your not aware of him because he's ... as well. (Bigley was stationed at Carlton CIB, the suburb where the camera equipment was stolen from). B Mumbling, I do't know where you get your stories from. B I know about the incident at Kew. (Incident on 21 may, 1989, when Bingley's mates at Kew police station attacked Hoser) R Thank you B Mumbling R Mumbling You know about it, the stolen gear. B No I don't know about it, I'm sorry, I'm sorry. B Mumbling Well that's, that's the go... It's as simple as that, but you know (Smiling) R Can I ask you ... in relation to your counselling in relation to your 'unwise comments'? (Referring to an IIB complaint about Bingley to Inspector Basham) B Mumbling, it's between him and me. R O.K. ... R Don't walk away. (No further coversation on tape between Hoser and Bingley.) (Next conversation on tape, which was left running occurred some five minutes later between a clerk at the court and Hoser i relation to Hoser's enquiries in relation to his re-obtaining his taxi driver's licence). P - Of whom? H - It's, M - The clerk ... H - That'd be a court, ah, yeh it's upstairs, P - So that's not really clear at all there is it. I mean what's that there? H - Oh this is a photostat you're looking at I presume, um, they, they took three copies, they P - So you've made numerous appeals in your time against various er, courts, eccetera haven't you. H - I've made a number of appeals. P - So this could be just a a a blank form that you've just filled in. H - Oh, no, no no, no, I've never made this sort of appeal in Victoria. M - No, this is dated today P - Yeh M - And the appeal against the... P - Yeh but what I'm getting at, this could be just a form that you've filled in. H - There is a possibilty however let me explain a couple of points to you, ah, there is a couple of points I do, would explain, and that is, ah, ah, what was I gonna..., yeh, I wouldn't know the form. I didn't know the form. The guy spent an hour looking for the form. He screwed me right up. P - Whose this? H - Oh, the guy at the court. I was there at two thirty, and stuck there to three thirty, um, too, took em an hour to find the form. First this girl was looking for it, she couldn't find it, cause apparantly they reckon they've never had any before. And ar, obviously Mister "NAME SUPPRESSED", our mutual acquaintace, has had one or two of these, would that be correct? M - I don't know, honestly don't, I, I, I don't know ..., he would have been served a notice cancelling his Dee Cee at one stage, you know with the appeal again, H - He's had, he's had it cancelled twice. M - Has he ev, ever, have they ever cancelled his driver's licence though? H - He's had, licences, ... H - He's had his Dee Cee cancelled twice. M - Yeh, yeh. H - So, that's the story there. M - You drove it here tonight did you? You was operating as a taxi tonight? H - Oh yes. yes, yes. yes, M - So your happy after that? H - Yes, yes, yes, yes, yes, there's no er, no disputing I'm operating as a taxi. P - When was your last job tonight? H - Oh, half an hour ago. P - What from the airport or somewhere? H - No, no, from Essendon to East Keilor. P - Have you picked up at the airport tonight? H - Yes P - Well what time was that? H - Nine O'Clock. P - About nine O'Clock. H - I saw you here, at um seven, or someone, I thought was George Olsen about seven P - Earlier H - But there wasn't there wasn't many flights along. M - we've gone away and come back, and we've been ... H - I, those guys (FAC OFFICERS) called and er and the way you rushed here in your car, ah ha,we've caught him. But ah, ah, yes, it is legal, otherwise I wouldn't be out here, you know I'm not particularly stupid. Ah, you know, that's the situation. M - We'll find out on Monday. We'll find out about it. H - MUMBLING. M - We'll find out the details of the vehicle off you. H - Oh sure, M - The details of your car and the times ... the airport. H - There's no dispute. Now what time is it? Just out of curiosity. M - Oh, H - And you are writing down. M - Twenty three, H - Twenty three M - Twenty three, twenty five, when I first got here P - Phil, When your free there is one other thing. SHOUTING FROM A DISTANCE AWAY AND NEXT TO MY PARKED TAXI . H - Oh no, not more problems. P - NOW CLOSER TO ME Yes, there is. You haven't got a tarriff label affixed to your vehicle, all right, which is one of those yellow labels. H - Well half the cabs here probably don't. P - No, H - Ah, P - But you haven't, all right, and as such every time you operate this vehicle it is outside conditions of your licence because onthing your licence your required to have that label, so as of now, your not allowed to operate this vehicle until you have such a label affixed to your vehicle. H - Before you go any further, P - Right! H - Before you go any further P - Well I'm going now, H - Before you go any further P - Have you got one in the glove box? That that your owner hasn't put on, or anything like that? H - No, but it's in the Melway's the fares, so I can presumably show them that. P - Sorry, M - Nor, yeh, H - It's in the Melways so... P - No, no, your required to have that label. Now if you haven't got it H - Can you show me the relevant section of the act. P - It's in the licence conditions, right. Don't worry we've put other cars off the road for the same thing only yesterday. H - No, well, P - Right! H - Think of my position. P - Now listen H - Mr. Perry, before we go anywhere, every single cab in this airport is illegal, because they do not have on the door the thing that says the number of people. P - Listen, I'm just checking your EMPHASISING THE WORD YOUR vehicle H - No, no, no, no, no, P - Listen H - Mr. Perry, you are harassing me something over the top. Now, P - Mr. Hoser, I, H - Now you know for a fact, if you know your regulations, every single taxi is meant to have on the door that licenced capacity, and none of them do. P - Mr. Hoser, I'm telling you what the, your licence, H - Your a waste of time Mr. Perry, you have been wasting my time all night. P - Well H - If you want me to drive away from this airport without picking up, I'll be quite happy. P - Listen H - But you are wasting my time. P - I am telling you that you have comitted an offence, by operating a vehicle without that label. All right, and you will be charged H - Or jailed? Jailed for not having a label? P - Not jailed, ... H - Where do I obtain these mysterious labels from? P - The vehicle should have been taken to Port Melbourne and have the meter checked and you would have then had a label. Every taxi owner has had a letter or should have had a letter saying that we were taking action on all vehicles without these labels H - You are making idiots of yourselves. P - No I'm not. H - Every single taxi P - Well you ask, there were a couple of drivers had the same problems yesterday. H - Mr. Perry, Mr. Perry, are you doing your job or not? If you were doing your job you would put every single cab off this road, because every single cab in this airport is illegal. Mr. Perry just turn around for a minute, P - Listen H - And have a look at this door, and have a look at this door. P - ... labels on those cabs. H - Your being an absolute, well excuse the language, wanker, um, because you know, P - You can insult me as much as you like, all right, H - I'd use much more colourful language if I wasn't taping. P - Now, the thing is, all right, you are not to operate the vehicle until you get one of those labels, right. H - Where can I find a label at this time of night? P - Well that's, that's your problem, it's not mine. H - Means, I've got to find the nearest taxi depot, I presume, now, P - Either a registered lae, er taxi then where they can check your meter, or Port Melbourne on Monday. Right! H - Are you going to give me a defect notice? P - Have you got your defect notice er Peter on you? M - Yes... H - I regard that as harassment, er, you haven't put any othercabs here off the road P - Well I haven't got your Dee Cee number because H - Because you have it! (PERRY TOOK IT OFF OF ME THE PREVIOUS NIGHT) P - Yeh, that's er rather inconvinient, er, T2 - If they were doing there job here, they should be calling, T3 - No, at least they shouldn't be causing the er the book, nah, cause they don't report all them there H - I wish I had my camera, I'd get a picture of this. H - I'll just move my cab foreward in a minute as well. HOSER WALKING AROUND, H - Mumbling T4 - they roll up, roll up, he pulls out his, he pulls out his book the other day and he threatens me HOSER STILL MOVING AROUND IGNITION STARTS AND WHISTLE OF FAC OFFICER DIRECTING TRAFFIC CAN BE HEARD H - Ah, I think, all these, I have to move foreward, shouldn't I, P - Mumbling (OUTSIDE CAR) H - Your having fun and games tonight aren't you? P - I certainly am. H - You wanna, er if your gonna do your job, can you please do me a favour, and write out a ticket for not having my licence capacity number on the door. Will you do that please? P - On the ... H - The taxi regulations state quite clearly that I'm mean't to have the licence capacity P - On the rear H - No, not on the rear thank you very much. H - On the side door, you should know that. Your an enforcement officer M - Displayed on the vehicle. H - No, that's not good enough. The regulations state quite clearly on the door. M - MUMBLING H - Now you sta, Now Mr. Perry will you please write me out a ticket for there not being a sticker on the door. M - Ah, H - Mister Moncreif, can you please put, write me out a ticket for there not being a er, ay er, a ticket for there not being a sticker on the door, because that is illegal. P ...the rank thank you... DIRECTED AT ANOTHER TAXI DRIVER TELLING HIM TO GO PAST MY CAR PARKED ON THE FEEDER TAXI RANK H - And I could ... ALAN "NAME SUPPRESSED" PULLS INTO THE IMMEDIATE VICINITY OF MYSELF AND THE TWO RTA OFFICERS. HE PARKS HIS PRIVATE CAR, A MITSUBISHI STARWAGON VAN, IN THE ADJACENT CAR PARK THAT IS USED DOMINANTLY BY RENTAL CARS, AND THE THREE OF US WALK OVER TO HIM €SRP14 H - Well look over here. B - Bloody Hell! H - We have these complete and utter morons here, giving me the hardest of times. M - How are you TO "NAME SUPPRESSED" B - Tell me, bu, I'm supposed to drive tonight. You tell me how they found out PERRY AND MONCRIEF TURN THEIR BACKS AND HAVE A CONVERSATION WITH ONE ANOTHER WHICH IS ONLY A MUBLE ON THIS TAPE P - Now that vehicle's not to be used until you get that meter checked and that label put on. Is that clear! H - Oh, you don't have to raise your voice. H - Mr. Perry, your going to have to go through a similar rigmarole of last ... your going to have to explain everything to me. As you are well aware I am merely a driver and secondly I would like a return of my licence at the first opportunity, as well. P - Well you can make up a letter issued to the Road Traffic Authority. H - Indicated CROSS CONVERSATION HERE, WITH "NAME SUPPRESSED" IN THE BACKGROUND HAVING A CONVERSATION WITH THE RTA OFFICERS ALSO, BUT APPEARING AS BACKGROUND NOISE ONLY ON THIS TAPE M - Will you give this to your owner HANDING HOSER A VEHICLE DEFECT NOTICE FOR NOT HAVING THE YELLOW STICKER AFFIXED TO THE WINDSCREEN P - Listen, you want your licence. B - Phil he's ... H - Is Port Melbourne open tomorrow? P - Probably not. M - No, not till, Monday the second. H - In other words this car cannot be driven till Monday. P - No. H - Are you serious P - I certainly am. H - Your an absolute nut case! P - All right. B - Phil, what happened? B - Quickly, tell me. H - This guy has put the car off the till Monday because it doesn't have the sticker on the front window that says what the rates are, and half the cabs here don't have it. And they have singled me out, because I ... P - Now would you have a look and tell me half the cabs. Every cab I've seen H - One that was parked next to me for starters before didn't have the sticker. B - It's not the responsibilty of the driver. P - The driver's responsible for the cab. B - No he isn't P - Yes he is. P - While he's out here, he's responsible for the whole operation of that vehicle while he's driving. H - You haven't even stated, the de, the defect. B - What happe, wait a minute, what happens, what happens if he gets a sticker? P - Well the cab's legal, while it's affixed to the windscreen. B - What happens if he gets a tarrif sticker? P - Right-o, if he gets a tarrif, tarrif one today, and it's properly put on, that means that the meter has been checked, right, and that's the idea of the, because of the recent fare increase, that they were putting the labels on, if and when H - Your an absolute nut case! B - No no no no no H - Do you actually enjoy being a phychopathic madman? B - We have such problems M - All right P - All right H - I can't beleive this. P - Well we do. H - What's this traffic number? P - That's er, Peter Moncrief's M - Today actually. P - Peter issued that to you, all right. I, I, H - But you wrote it out, why, why, why, are you dividing the work, is that to divide the harassment or something? P - No H - Or is just er, M - It's actually my book, and I've already filled it in with my name in it. B - Who actually booked ya? H - This is the psycho thats trying to do the... B - ...to talk to you OTHER CONVERSATION H - This guy's a nut! B - Yeh, I know that, he stands outside my house, and booked me. M - What were you saying before here about, working tonight or something? What, what happened, B - Well, you know, I got, I had a guy last week I was working Friday. M - Yeh B - Anyway, I went round and saw him and said look you can't work with me, and and he didn't really say much. He gave me a phone number of someone else to go and see. Went and saw the guy he said yeh Okay ah ring me back tomorrow at eight and confirm it. He didn't ring me back so I rang him. And he said ah, you've got a very bad record with the RTA. And then um, he said to me also ah I believe you've had trouble with suburban. I said well that's fair enough, I said, that bloke, he turned up at court. And I said well how in the hell ah, did you find out. H - Could you please mind your language. B - Because this was on a Thursday. M - Yeh P - Ah ha, B - You know, it was on Thursday, and the RTA was shut. M - Shit B - And how in the hell M - How in the hell did anyone get in... B - How did he find the information out? That's what I want to know. M - I, I mean I haven't seen you for weeks have I? B - No M - I mean that night... M - I don't know whose doing it to you. B - I mean, I, I avoid people. LAUGHTER AT THIS POINT BY RTA OFFICERS M - What's the van out here tonight? B - I've come out, I've come out to see Phil, well H - He's come out to see me get carted away by you guys. M - Not really, not really to come out and fill it up with people and be a good samaritan is it? B - No, no, not at all, not at all. Well I can't anyway, look, I've got a beautiful. M - I'm giving you a hard... B - Not at all, I've anyway I've got P - Okay gentlemen well we've got to get on with our work, er, WALKING OFF H - No, no, no, your not doing your work, your your just, acting like a pair of psychos. B - I, I, I've just been reading the law, and I've been talking to someone H - When did you... M - Yeh H - You should learn your law too Mr. Perry. PERRY HAS WALKED BACK TO US WHERE WE WERE CONVERSING B - The problem is... H - Do you have a copy of the er transport regulations here? B - No P - We do though. H - You do? Are they taxi regulations? Give me a, we'll sought them out and I'll just show you the regulation about every taxi here breaking the law. B - ... The way the law's written, if it was anyone else bar me, M - Mmm, B - they'll turn up to court, but um, because it's me. If I don't turn up to court, well, they could almost ah, M - Jail you B - Jail me. M - Well, what, what does it say in there that makes you, you know, that get's you, what do you mean? B - Well uh,... H - Mister Perry, Mister Perry B - Let's say... CONVERSATION NOW BEING TOTALLY DIRECTED AT MONCREIF H - Regarding the circumstances of your issuing this notice. P - Mister Moncreif's just issued this, er. H - Your the one that wrote it out. H - Regarding the issue of this notice, surely if I can gain a sticker straight away you should, will put the cab back on the road. P - Well, fair enough. HOSER NOW WALKS OFF P - Listen, H - If I don't get one here, I'll go down the road and get one. P - So long as you get a sticker, right, and get it displayed then you can operate this cab on the weekend, but make sure it goes to Port Melbourne for an inspection on Monday, all right. H - Right, P - But if you get the sticker and get it on, in view of the fact that you showed us that er appeal notice, obviously we'll er allow you to drive. H - Well that is the first glimmer of decency I have seen from you, ever I think. I'm impressed. P - Listen, we're not here to persecute, we're here to make sure everyone behaves themselves. H - No, no, that's not quite true, because um, you know every cab here's breaking the law, just by, look at the doors. P - I'll be honest with you, I put two off the road for exactly the same thing yesterday. H - On a, but that's not Friday night is it. They were different circumstances. P - Well, H - And, you can't... P - I just happened to be working here today. H - I presume you came here because those guy's jumped on the air and said oh Hoser's standing around. You thought, Oh, beauty, you probably thought oh good Hoser's come out to the airport, we'll get this guy for unlicenced driving, and ah, your your taking of my licence off me on that pretence was an illegal thing, but I couldn't grab it off you cause that would be assault. So where am I. M MUMBLING B - ... Here is the act. M - Hmm B - And the act the way it's written is absolutely crazy, yet, M - Yeh, I know, he told me he's got it on, he knows. B - I put it on when he was ... M - How many tapes you got on me. H - When in doubt you tape it. M - LAUGHING H - They don't like you guys too. B - You know, you know that I was in court last week, but there is the act, and there's part of the act there. M - Mmm H - They probably know more about you, ... B - The chance of a lifetime M - Mmm B - No it's more than you guys get. M - Yeh, M - Well if you can get a better job than taxi driving, I would take it. B - Yeh T5 - I just said I just think, you, you, B - But the thing is, M - MUMBLING B - They put this on me, and what happened the other week in court, that magistrate erred in law, M - Mmm B - He's made a few errors, M - Mmm B - And, and one of the greatest errs is, ah, ... HOSER WALKS OFF AT THIS STAGE AND GOES TO OTHER TAXI DRIVERS AND THEIR TAXIS LOOKING FOR A YELLOW STICKER TO PLACE ON THE WINDSCREEN OF HIS TAXI, WHILE "NAME SUPPRESSED" CONTINUES HIS CONVERSATION WITH MONCREIF H - Is this you? TAXI DRIVER NODS H - Do you have a spare one of these at all? Sticker? T6 - Nah mate, no, H - You don't M - This bloke hasn't got one. T7 - Ay H - Oh yes he has. H - You don't have a spare one though, H - This is bloody disgusting, excuse the language NOT SPOKEN IN EARSHOT OF ANYONE ELSE BUT EXCUSED BECAUSE I REALISED THE TAPE WAS RUNNING HOSER STILL WALKING AROUND H - You don't have one either TO ANOTHER TAXI DRIVER IN HIS TAXI H - A tarriff sticker H - You don't, you don't have one of those stickers with the different fares do you?. H - One of those stickers with the different, oh this guys going to go and harass him, oh gees, leave him alone please. P - Excuse me, where's the um, where's your tarriff label? H - Please leave him out of it, just, just worry about me. H - Oh, it's ridiculous. P - Come here, see that TO OTHER TAXI DRIVER HOSER STILL WALKING/PERRY NOW TALKING TO OTHER TAXI DRIVER/"NAME SUPPRESSED" STILL TALING WITH MONCREIF H - Excuse me, see that label there, do you have a spare one of them. T8 - Sorry? H - See that lae, sticker there for the different fares, do you have a spare one of them at all? T8 - No H - Do you know where they come from? T8 - Oh, we think they was the taxi depot with it. HOSER SHUFFLES OVER TO THE NEXT TAXI H - Do you have a spare one of those labels, you see those tarriff labels. T9 - These H - Do you have a spare one of them at all? T9 - No H - Do you know where their coming from? T9 - Mumbling H - I can't get over this! HOSER STILL WALKING H - Your going to have to go round me, by the way. HOSER STILL WALKING H - See that label you've got, with fares on it, the tarriff label, that gold one, T10 - Yeh H - Do you have any spares of them? T10 - Well, you get it from the ah, H - From where? The depot? T10 - RTA. H - The RTA. Well they, they've booking us for nor having them. T10 - Well they should. They should mate. AS IN THEY SHOULD HAVE THE STICKERS H - I've never come across anything so stupid in my time. H - I'll have to go and get one from them HOSER IS STILL WALKING H - Well I'm gonna have to ah P. O. Q. which means leave, and get one. I'll have to go to ... H - See ya mate TO ANOTHER TAXI DRIVER LOOKING ON HOSER WALKS OVER TO "NAME SUPPRESSED" B - Even Moncreif knew about the court case last week H - Their all in on it. They're absolute Pschos. B - They put that on ... H - They took my licence off me yesterday. B - Which licence? H - All my licences. All three of them. They took them off me yesterday gave me a letter, and I went to court, lodged an appeal. B - Yeh, what happened H - Now, I've gotta drive. They have to let me drive till the appeal comes up. The appeals not till next year. "NAME SUPPRESSED" BREAKS OUT INTO LAUGHTER H - You know, B - Why didn't you ring me up and let me know what was going on? H - I have been that busy Alan. I've been on seven different radio shows today. B - You don't know how busy I am. H - You wouldn't know what busy is Alan. H - Look, I've been on seven radio shows, let me... B - They can issue a warrent for me... "NAME SUPPRESSED" IS NOW WHISPERING IN HOSER'S EAR H - Okay... B- Listen KEEPS TALKING IN HOSER'S EAR H - Where at, where at. H - After christmas yeh. H - ... Last night there was three million people here, I couldn't touch them, cause I, I, couldn't work. They put me off the road. B - Who did. H - These two, they said take your car and drive it back, so I took it back B - Last night they put you off the road. H - Yeh, it woofed here something severe apparantly, B - See Pat Power is here now, and he saw this. MUMBLING H - Mister Moncreif and this psychopath. I just wish I, it's not Moncreif I mean Perry, B - Perry, H - Perry is round the bend. B - Look, Peter knows he's mad. H - I'll give you one advice. B - What? H - Don't tell them anything about anything, just let them find out themselves. H - They've probably got a bug on your car. B - Do you know, that when one does what you just did, it shows that your frustrated. It really does. DIRECTED AT PERRY WHO WAS PLAYING WITH HIS ELONGATED TORCH AS IF IT WERE A POLICE BATTON H - This guy, this ... Alan, look at the smile on this man's face though. B - Shh, shh, P - You see this screw here. B - Yes P - Well they get, they get er crowded off, and ... B - Yes P - So I just keep, I don't know,... B - Well it shows, yeh it shows sexual frustration. P - Does it? H - No I wouldn't be thinking of that, but what... P - Like, like, a long, a long straw... H - No, but, but, what, look at this man, look at this man, the thing that gets me, this man, P - You wouldn't want to be my wife when I get home tonight. B - BURSTS OUT IN LAUGHTER H - This man,... this man takes pride in being an absolute sod. M - Yeh you are DIRECTED AT PERRY H - He takes pride in being an absolute sod. "NAME SUPPRESSED" STILL HAVING FITS OF LAUGHTER OVER THE WAY PERRY IS PLAYING WITH HIS TORCH AND HIS COMMENT ABOUT HIS WIFE H - He just enjoys every minute B - We, we can frame you for what you've just said. DIRECTED AT PERRY OVER HIS EARLIER COMMENT ABOUT HIS WIFE H - I'll tell you what though. At least I'm glad you found me tonight, because it's obviously made your night. H - I can't get over it, I can't even pick up here. You know there's a hundred and thirty on that next plane over there. B - You know I had one of those stickers. H - Where do you get them from? I've got one at home. HOSER BURSTS OUT IN LAUGHTER AND JUMPS UP AND DOWN AS HEARD ON TAPE H - Guess whose going to Doncaster. B - You've got one at your house? A current one? B - I had one... H - I hope I've got the sticker. I've got one at home, I've definitely got one. The road traffic sent me one. They sent me one when I applied for information on cabs. B - Mmm, mmm H - Guess whose going to Doncaster, right now! B - Right now. H - Just go, I'll just casually trot into Flinders Street and get a car load, and um, no I won't, I'll take that back, I won't, I'll just go home. Straight to Doncaster. B - Right now? H - Hey man. I want to drive! H - I'll see you later B - Well, what's happening here? When, when's this coming out? H - It's going to multiple in an hour over there. B - In an hour? H - Yeh. Right. B - It will only take you about half an hour to get to Doncaster. Can I come for the drive? H - No. B - Why not H - No, because I'm going in my car, no because I won't come back here, I'll just go to the city. The city will be busy now. I'll see you. I've gotta go. I'll see you later IGNITION OF TAXI IS TURNED ON B - I'll see you tomorrow night H - MUMBLING B - ... Phil, tomorrow night probably. H - Yeh I know. B - ...down at Geelong H - Geelong. B - It's the place to go. Work Geelong, come back, and... B - ...I'll tell Michael. H - Michael who? McQuillan? B - Yeh H - Those guys, they, they, said, listen to this! I served this thing at four o'clock today, and they've obviously, so they didn't know I had a licence, and they have been out here all night waiting for me. B - When you were there before, Peter said we've been looking for you, and I said, oh you can't find me can you, and I said out of your way, ha, ha LAUGHTER B - He laughed, he cacked himself. H - He's an absolute psycho, that man though, Perry. B - Perry's crazy H - Yes... B - He was playing with the bloody knob. H - The thing is, is you just look on the smile on his face. B - The smile... H - But I don't even have a driving licence. B - Hey, you've got that on tape. It's enough to take back to his boss and say he needs a psychological test. H - Well we know they all need psychological ... B - Did you hear what he said he was going to do to his wife? LAUGHTER BY BOTH HOSER AND "NAME SUPPRESSED" B - Well we can subpoena him to court and say do you beat your wife? LAUGHTER BY BOTH HOSER AND "NAME SUPPRESSED" B - Subpoena his wife to court and say this is the calibre of this ... H - Alan, I'm going to have to leave these three hundred people waiting here and try and earn a living. B - What's this bullshit about testing the meter, H - Excuse the language B - Yeh, but to make, you know, the meter's got to be right, according to the sticker. That's not true, that's not right Phil. H - I know B - All it needs is the sticker. B ...sticker, right H - Bye H - MUMBLING AS HOSER TURNS ON THE TAXI RADIO R - ...car to cover the world trade centre city west, H - The city can't get cars. R - Cover world trade centre to West Brunswick H - They won't get a car for that. R - The world trade centre out to West Brunswick H - They've gone to ... these psychopaths END OF TAPE AND TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) JOHN W. PERRY (RTA), PETER MONCREIF (RTA), ALAN "NAME SUPPRESSED" (TAXI DRIVER IN HIS PRIVATE CAR, A MITSUBISHI STARWAGON), DATED 29/9/89. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means inaudible or fading. TRANSCRIPT WAS AT MELBOURNE'S TULLAMARINE AIRPORT AT THE INTERNATIONAL AIRLINES TAXI RANK AFTER DARK IN THE EVENING. TAPE WAS TURNED ON AS THE TWO RTA OFFICERS WERE SEEN DRIVING INTO THE AIRPORT GROUNDS AFTER HAVING BEEN RUNG UP BY THE FAC OFFICERS PRESENT AND TOLD THAT I (HOSER) WAS THERE. SOME CONVERSATION WITH A TAXI DRIVER IS RECORDED PRIOR TO CONTACT BEING MADE WITH THE TWO RTA OFFICERS. (OTHER VOICES ARE ALSO RECORDED IN THE TRANSCRIPT OTHER THAN THE MAIN PARTICIPATING PARTIES, AND MOST IF NOT ALL OTHER VOICES ON TAPE IS THAT OF OTHER TAXI DRIVERS IN THE VICINITY). Key. A = ALBERTO (A TAXI OWNER/DRIVER WHO DRIVES A BROWN SILVERTOP TAXI). B = "NAME SUPPRESSED" H = HOSER M = MONCREIF P = PERRY R = RADIO OPERATOR IN TAXI T1 = TAXI DRIVER/S (UNIDENTIFIED) T2 = TAXI DRIVER (UNIDENTIFIED) T3 = TAXI DRIVER (UNIDENTIFIED) T4 = TAXI DRIVER (UNIDENTIFIED) T5 = TAXI DRIVER (UNIDENTIFIED) T6 = TAXI DRIVER (UNIDENTIFIED) T7 = TAXI DRIVER (UNIDENTIFIED) T8 = TAXI DRIVER (UNIDENTIFIED) T9 = TAXI DRIVER (UNIDENTIFIED) T10 = TAXI DRIVER (UNIDENTIFIED) START OF TRANSCRIPT H - So what happened was, they took my licence off me, so I went to court today T1 - And they give it back H - Oh no, I couldn't get my licence. HOSER WALKING OFF ACROSS ROAD FROM OUTSIDE TERMINAL BUILDING TO THE TWO RTA OFFICERS WHO HAD PULLED UP ON THE ROADWAY OUTSIDE AND ADJACENT TO THE INTERNATIONAL AIRLINES TAXI FEEDER RANK H - Good evening, how are you. I had a hunch I'd see you. M - LAUGHING No not a bad guess is it. H - No. M - What did you come out in? The same one as last night? H - Oh yeh, ah, I've ah, M - What are you doing here? H - You, you should er, oh, you might not be aware of it, but at four O'Clock today er, we served an appeal notice on the er, er RTA which means I'm entitled to drive again so there! P - No it does not. H - I'm sorry it does. H - That's what the courts and the solicitors have said, so er, that's the situation. M - Where are you, not double nine five three again? H - Yes. P - I don't think it's been served at four O'Clock because er, H - Why not, that's the situation. P - Our office would be shut wouldn't it. H - No, the office was open. P - Where did you serve it, the notice. H - Not your office, the er, head office. There was a notice and an accompanying letter. P - Hah? H - There was a notice and an accompanying letter. H - Section twenty six of the relevant act, which you're no doubt well aware of, and, T1 - MUMBLING A - What you gonna do with him? You take him away with you? Ha, ha, ha, ha. H - No, er, do you want to read the, do you want to read the relevant section of the act? A - Can I pass him? or... WANTING TO DRIVE AROUND MY PARKED TAXI ON THE FEEDER RANK AS A PLANE HAD LANDED AND EMERGING PASSENGERS WERE NOW TAKING TAXIS AT THE HEAD OF THE RANK . H - Do you want to read the regulations? M - Mumbling H - Yeh go round me TO ALBERTO H - Do you want to read the relevant... H - Can you get round me Alberto or not? A - ... yes. H - Do you want to read the relevant section of the act or not? H - Well Mr. Perry? P - Well what we need is er some sort of proof the you've served, you've appealed er first. Er the last firm decision we have from our office is that um. M - It's cancelled. H - And that sounds rather terrible. H - Well I knew I'd find you, so er, this is ah, a duplicate copy, ah, and this, ah ah ah ah ah. P - Well, I'll give you it back, there's no worries about that. H - No, I'll hold it, because you didn't give me back my licence O.K.. P - Mumbling M - Mumbling H - There you go, now um, ooh, ah, hands off! M - I P - Well let's STILL GRABBING AT THE DOCUMENT H - No, no, fairs fair, fairs fair, fairs fair, M - Mumbling H - Well I'll put it down, I'm gonna put it down. ... H - No, you guys are going too overboard. P - Mumbling H - Ah, rightie oh, appeal in blur blur blur blur blah, heard of decision, note of appeal blah blah blah blah blah, blah blah blah, blah blah blah, what is it, safety act section twenty six of the road safety act, now if you want to go and have a read of your little act. M - Fifteen January ninety. M - Ha, ha, fifteen January ninety! H - Yes, well that's the day, they set. M - Shit. H - Well, I wouldn't use that sort of language, um M - You got the thing turned on? REFERRING TO MY TAPE RECORDER WHICH ALL RTA INSPECTORS KNOW MYSELF AND "NAME SUPPRESSED" USE M - You have haven't, you! M - That's a long time away isn't it. Mumbling and indecipherable background voices H - Was it you or Goerge Olsen that was here earlier? M - Ooh, we've been here for a while. H - Oh, it was you then. It was you. You looked like George Olsen in profile... P - Oh, ter, George was here also. H - Ooh right. Oh I knew you'd be out here. P - Oh well, we both happen to be on duty. Different times also. H - Oh, right, er, yeh, well what happened was is er, I rang and er I said well look I'm not working now, and he said oh well gees, sought it out with your solicitor, so I did, and er, this is the net result. Which I'm sure you're spewing at, but MUMBLING IN BACKGROUND P - No, listen. What, what happens is no concern of me. I, I just do my job as I'm, as I'm told to do. MUMBLING H - No, doing your job standing there, when your harassing me when there's three hundred, when there's three hundred million people standing over there. P - Has that got a serial number? Some sort of a serial number or anything? H - Ah, I don't think it has to be quite honest. Form one five seven, served on your friend Mr, er er er Decker, M - Mmm H - In um, head office, yes, whatever his name is. Um if you want something, I can even give you this as a duplicate copy. P - No, that's all right, I don't need that. H - I've got more, multiple copies of this of course. P - Well it's just that the one that we've got um, the only problem I can see is whether we know that, has, has that been signed by a Jay Pee or anything, or, you know, I mean that could be a form. H - It could be a forged form, that's P - Yeh H - Well, you have to just take my word for it, er, simple as that. P - So there's nothing, I mean that could be just a norm, a a sort of form that you, settled in. H - Except there's a couple of catches. Um, that's the signature of this, P - Of whom? H - It's, M - The clerk ... H - That'd be a court, ah, yeh it's upstairs, P - So that's not really clear at all there is it. I mean what's that there? H - Oh this is a photostat you're looking at I presume, um, they, they took three copies, they P - So you've made numerous appeals in your time against various er, courts, eccetera haven't you. H - I've made a number of appeals. P - So this could be just a a a blank form that you've just filled in. H - Oh, no, no no, no, I've never made this sort of appeal in Victoria. M - No, this is dated today P - Yeh M - And the appeal against the... P - Yeh but what I'm getting at, this could be just a form that you've filled in. H - There is a possibilty however let me explain a couple of points to you, ah, there is a couple of points I do, would explain, and that is, ah, ah, what was I gonna..., yeh, I wouldn't know the form. I didn't know the form. The guy spent an hour looking for the form. He screwed me right up. P - Whose this? H - Oh, the guy at the court. I was there at two thirty, and stuck there to three thirty, um, too, took em an hour to find the form. First this girl was looking for it, she couldn't find it, cause apparantly they reckon they've never had any before. And ar, obviously Mister "NAME SUPPRESSED", our mutual acquaintace, has had one or two of these, would that be correct? M - I don't know, honestly don't, I, I, I don't know ..., he would have been served a notice cancelling his Dee Cee at one stage, you know with the appeal again, H - He's had, he's had it cancelled twice. M - Has he ev, ever, have they ever cancelled his driver's licence though? H - He's had, licences, ... H - He's had his Dee Cee cancelled twice. M - Yeh, yeh. H - So, that's the story there. M - You drove it here tonight did you? You was operating as a taxi tonight? H - Oh yes. yes, yes. yes, M - So your happy after that? H - Yes, yes, yes, yes, yes, there's no er, no disputing I'm operating as a taxi. P - When was your last job tonight? H - Oh, half an hour ago. P - What from the airport or somewhere? H - No, no, from Essendon to East Keilor. P - Have you picked up at the airport tonight? H - Yes P - Well what time was that? H - Nine O'Clock. P - About nine O'Clock. H - I saw you here, at um seven, or someone, I thought was George Olsen about seven P - Earlier H - But there wasn't there wasn't many flights along. M - we've gone away and come back, and we've been ... H - I, those guys (FAC OFFICERS) called and er and the way you rushed here in your car, ah ha,we've caught him. But ah, ah, yes, it is legal, otherwise I wouldn't be out here, you know I'm not particularly stupid. Ah, you know, that's the situation. M - We'll find out on Monday. We'll find out about it. H - MUMBLING. M - We'll find out the details of the vehicle off you. H - Oh sure, M - The details of your car and the times ... the airport. H - There's no dispute. Now what time is it? Just out of curiosity. M - Oh, H - And you are writing down. M - Twenty three, H - Twenty three M - Twenty three, twenty five, when I first got here P - Phil, When your free there is one other thing. SHOUTING FROM A DISTANCE AWAY AND NEXT TO MY PARKED TAXI . H - Oh no, not more problems. P - NOW CLOSER TO ME Yes, there is. You haven't got a tarriff label affixed to your vehicle, all right, which is one of those yellow labels. H - Well half the cabs here probably don't. P - No, H - Ah, P - But you haven't, all right, and as such every time you operate this vehicle it is outside conditions of your licence because onthing your licence your required to have that label, so as of now, your not allowed to operate this vehicle until you have such a label affixed to your vehicle. H - Before you go any further, P - Right! H - Before you go any further P - Well I'm going now, H - Before you go any further P - Have you got one in the glove box? That that your owner hasn't put on, or anything like that? H - No, but it's in the Melway's the fares, so I can presumably show them that. P - Sorry, M - Nor, yeh, H - It's in the Melways so... P - No, no, your required to have that label. Now if you haven't got it H - Can you show me the relevant section of the act. P - It's in the licence conditions, right. Don't worry we've put other cars off the road for the same thing only yesterday. H - No, well, P - Right! H - Think of my position. P - Now listen H - Mr. Perry, before we go anywhere, every single cab in this airport is illegal, because they do not have on the door the thing that says the number of people. P - Listen, I'm just checking your EMPHASISING THE WORD YOUR vehicle H - No, no, no, no, no, P - Listen H - Mr. Perry, you are harassing me something over the top. Now, P - Mr. Hoser, I, H - Now you know for a fact, if you know your regulations, every single taxi is meant to have on the door that licenced capacity, and none of them do. P - Mr. Hoser, I'm telling you what the, your licence, H - Your a waste of time Mr. Perry, you have been wasting my time all night. P - Well H - If you want me to drive away from this airport without picking up, I'll be quite happy. P - Listen H - But you are wasting my time. P - I am telling you that you have comitted an offence, by operating a vehicle without that label. All right, and you will be charged H - Or jailed? Jailed for not having a label? P - Not jailed, ... H - Where do I obtain these mysterious labels from? P - The vehicle should have been taken to Port Melbourne and have the meter checked and you would have then had a label. Every taxi owner has had a letter or should have had a letter saying that we were taking action on all vehicles without these labels H - You are making idiots of yourselves. P - No I'm not. H - Every single taxi P - Well you ask, there were a couple of drivers had the same problems yesterday. H - Mr. Perry, Mr. Perry, are you doing your job or not? If you were doing your job you would put every single cab off this road, because every single cab in this airport is illegal. Mr. Perry just turn around for a minute, P - Listen H - And have a look at this door, and have a look at this door. P - ... labels on those cabs. H - Your being an absolute, well excuse the language, wanker, um, because you know, P - You can insult me as much as you like, all right, H - I'd use much more colourful language if I wasn't taping. P - Now, the thing is, all right, you are not to operate the vehicle until you get one of those labels, right. H - Where can I find a label at this time of night? P - Well that's, that's your problem, it's not mine. H - Means, I've got to find the nearest taxi depot, I presume, now, P - Either a registered lae, er taxi then where they can check your meter, or Port Melbourne on Monday. Right! H - Are you going to give me a defect notice? P - Have you got your defect notice er Peter on you? M - Yes... H - I regard that as harassment, er, you haven't put any othercabs here off the road P - Well I haven't got your Dee Cee number because H - Because you have it! (PERRY TOOK IT OFF OF ME THE PREVIOUS NIGHT) P - Yeh, that's er rather inconvinient, er, T2 - If they were doing there job here, they should be calling, T3 - No, at least they shouldn't be causing the er the book, nah, cause they don't report all them there H - I wish I had my camera, I'd get a picture of this. H - I'll just move my cab foreward in a minute as well. HOSER WALKING AROUND, H - Mumbling T4 - they roll up, roll up, he pulls out his, he pulls out his book the other day and he threatens me HOSER STILL MOVING AROUND IGNITION STARTS AND WHISTLE OF FAC OFFICER DIRECTING TRAFFIC CAN BE HEARD H - Ah, I think, all these, I have to move foreward, shouldn't I, P - Mumbling (OUTSIDE CAR) H - Your having fun and games tonight aren't you? P - I certainly am. H - You wanna, er if your gonna do your job, can you please do me a favour, and write out a ticket for not having my licence capacity number on the door. Will you do that please? P - On the ... H - The taxi regulations state quite clearly that I'm mean't to have the licence capacity P - On the rear H - No, not on the rear thank you very much. H - On the side door, you should know that. Your an enforcement officer M - Displayed on the vehicle. H - No, that's not good enough. The regulations state quite clearly on the door. M - MUMBLING H - Now you sta, Now Mr. Perry will you please write me out a ticket for there not being a sticker on the door. M - Ah, H - Mister Moncreif, can you please put, write me out a ticket for there not being a er, ay er, a ticket for there not being a sticker on the door, because that is illegal. P ...the rank thank you... DIRECTED AT ANOTHER TAXI DRIVER TELLING HIM TO GO PAST MY CAR PARKED ON THE FEEDER TAXI RANK H - And I could ... ALAN "NAME SUPPRESSED" PULLS INTO THE IMMEDIATE VICINITY OF MYSELF AND THE TWO RTA OFFICERS. HE PARKS HIS PRIVATE CAR, A MITSUBISHI STARWAGON VAN, IN THE ADJACENT CAR PARK THAT IS USED DOMINANTLY BY RENTAL CARS, AND THE THREE OF US WALK OVER TO HIM H - Well look over here. B - Bloody Hell! H - We have these complete and utter morons here, giving me the hardest of times. M - How are you TO "NAME SUPPRESSED" B - Tell me, bu, I'm supposed to drive tonight. You tell me how they found out PERRY AND MONCRIEF TURN THEIR BACKS AND HAVE A CONVERSATION WITH ONE ANOTHER WHICH IS ONLY A MUBLE ON THIS TAPE P - Now that vehicle's not to be used until you get that meter checked and that label put on. Is that clear! H - Oh, you don't have to raise your voice. H - Mr. Perry, your going to have to go through a similar rigmarole of last ... your going to have to explain everything to me. As you are well aware I am merely a driver and secondly I would like a return of my licence at the first opportunity, as well. P - Well you can make up a letter issued to the Road Traffic Authority. H - Indicated CROSS CONVERSATION HERE, WITH "NAME SUPPRESSED" IN THE BACKGROUND HAVING A CONVERSATION WITH THE RTA OFFICERS ALSO, BUT APPEARING AS BACKGROUND NOISE ONLY ON THIS TAPE M - Will you give this to your owner HANDING HOSER A VEHICLE DEFECT NOTICE FOR NOT HAVING THE YELLOW STICKER AFFIXED TO THE WINDSCREEN P - Listen, you want your licence. B - Phil he's ... H - Is Port Melbourne open tomorrow? P - Probably not. M - No, not till, Monday the second. H - In other words this car cannot be driven till Monday. P - No. H - Are you serious P - I certainly am. H - Your an absolute nut case! P - All right. B - Phil, what happened? B - Quickly, tell me. H - This guy has put the car off the till Monday because it doesn't have the sticker on the front window that says what the rates are, and half the cabs here don't have it. And they have singled me out, because I ... P - Now would you have a look and tell me half the cabs. Every cab I've seen H - One that was parked next to me for starters before didn't have the sticker. B - It's not the responsibilty of the driver. P - The driver's responsible for the cab. B - No he isn't P - Yes he is. P - While he's out here, he's responsible for the whole operation of that vehicle while he's driving. H - You haven't even stated, the de, the defect. B - What happe, wait a minute, what happens, what happens if he gets a sticker? P - Well the cab's legal, while it's affixed to the windscreen. B - What happens if he gets a tarrif sticker? P - Right-o, if he gets a tarrif, tarrif one today, and it's properly put on, that means that the meter has been checked, right, and that's the idea of the, because of the recent fare increase, that they were putting the labels on, if and when H - Your an absolute nut case! B - No no no no no H - Do you actually enjoy being a phychopathic madman? B - We have such problems M - All right P - All right H - I can't beleive this. P - Well we do. H - What's this traffic number? P - That's er, Peter Moncrief's M - Today actually. P - Peter issued that to you, all right. I, I, H - But you wrote it out, why, why, why, are you dividing the work, is that to divide the harassment or something? P - No H - Or is just er, M - It's actually my book, and I've already filled it in with my name in it. B - Who actually booked ya? H - This is the psycho thats trying to do the... B - ...to talk to you OTHER CONVERSATION H - This guy's a nut! B - Yeh, I know that, he stands outside my house, and booked me. M - What were you saying before here about, working tonight or something? What, what happened, B - Well, you know, I got, I had a guy last week I was working Friday. M - Yeh B - Anyway, I went round and saw him and said look you can't work with me, and and he didn't really say much. He gave me a phone number of someone else to go and see. Went and saw the guy he said yeh Okay ah ring me back tomorrow at eight and confirm it. He didn't ring me back so I rang him. And he said ah, you've got a very bad record with the RTA. And then um, he said to me also ah I believe you've had trouble with suburban. I said well that's fair enough, I said, that bloke, he turned up at court. And I said well how in the hell ah, did you find out. H - Could you please mind your language. B - Because this was on a Thursday. M - Yeh P - Ah ha, B - You know, it was on Thursday, and the RTA was shut. M - Shit B - And how in the hell M - How in the hell did anyone get in... B - How did he find the information out? That's what I want to know. M - I, I mean I haven't seen you for weeks have I? B - No M - I mean that night... M - I don't know whose doing it to you. B - I mean, I, I avoid people. LAUGHTER AT THIS POINT BY RTA OFFICERS M - What's the van out here tonight? B - I've come out, I've come out to see Phil, well H - He's come out to see me get carted away by you guys. M - Not really, not really to come out and fill it up with people and be a good samaritan is it? B - No, no, not at all, not at all. Well I can't anyway, look, I've got a beautiful. M - I'm giving you a hard... B - Not at all, I've anyway I've got P - Okay gentlemen well we've got to get on with our work, er, WALKING OFF H - No, no, no, your not doing your work, your your just, acting like a pair of psychos. B - I, I, I've just been reading the law, and I've been talking to someone H - When did you... M - Yeh H - You should learn your law too Mr. Perry. PERRY HAS WALKED BACK TO US WHERE WE WERE CONVERSING B - The problem is... H - Do you have a copy of the er transport regulations here? B - No P - We do though. H - You do? Are they taxi regulations? Give me a, we'll sought them out and I'll just show you the regulation about every taxi here breaking the law. B - ... The way the law's written, if it was anyone else bar me, M - Mmm, B - they'll turn up to court, but um, because it's me. If I don't turn up to court, well, they could almost ah, M - Jail you B - Jail me. M - Well, what, what does it say in there that makes you, you know, that get's you, what do you mean? B - Well uh,... H - Mister Perry, Mister Perry B - Let's say... CONVERSATION NOW BEING TOTALLY DIRECTED AT MONCREIF H - Regarding the circumstances of your issuing this notice. P - Mister Moncreif's just issued this, er. H - Your the one that wrote it out. H - Regarding the issue of this notice, surely if I can gain a sticker straight away you should, will put the cab back on the road. P - Well, fair enough. HOSER NOW WALKS OFF P - Listen, H - If I don't get one here, I'll go down the road and get one. P - So long as you get a sticker, right, and get it displayed then you can operate this cab on the weekend, but make sure it goes to Port Melbourne for an inspection on Monday, all right. H - Right, P - But if you get the sticker and get it on, in view of the fact that you showed us that er appeal notice, obviously we'll er allow you to drive. H - Well that is the first glimmer of decency I have seen from you, ever I think. I'm impressed. P - Listen, we're not here to persecute, we're here to make sure everyone behaves themselves. H - No, no, that's not quite true, because um, you know every cab here's breaking the law, just by, look at the doors. P - I'll be honest with you, I put two off the road for exactly the same thing yesterday. H - On a, but that's not Friday night is it. They were different circumstances. P - Well, H - And, you can't... P - I just happened to be working here today. H - I presume you came here because those guy's jumped on the air and said oh Hoser's standing around. You thought, Oh, beauty, you probably thought oh good Hoser's come out to the airport, we'll get this guy for unlicenced driving, and ah, your your taking of my licence off me on that pretence was an illegal thing, but I couldn't grab it off you cause that would be assault. So where am I. M MUMBLING B - ... Here is the act. M - Hmm B - And the act the way it's written is absolutely crazy, yet, M - Yeh, I know, he told me he's got it on, he knows. B - I put it on when he was ... M - How many tapes you got on me. H - When in doubt you tape it. M - LAUGHING H - They don't like you guys too. B - You know, you know that I was in court last week, but there is the act, and there's part of the act there. M - Mmm H - They probably know more about you, ... B - The chance of a lifetime M - Mmm B - No it's more than you guys get. M - Yeh, M - Well if you can get a better job than taxi driving, I would take it. B - Yeh T5 - I just said I just think, you, you, B - But the thing is, M - MUMBLING B - They put this on me, and what happened the other week in court, that magistrate erred in law, M - Mmm B - He's made a few errors, M - Mmm B - And, and one of the greatest errs is, ah, ... HOSER WALKS OFF AT THIS STAGE AND GOES TO OTHER TAXI DRIVERS AND THEIR TAXIS LOOKING FOR A YELLOW STICKER TO PLACE ON THE WINDSCREEN OF HIS TAXI, WHILE "NAME SUPPRESSED" CONTINUES HIS CONVERSATION WITH MONCREIF H - Is this you? TAXI DRIVER NODS H - Do you have a spare one of these at all? Sticker? T6 - Nah mate, no, H - You don't M - This bloke hasn't got one. T7 - Ay H - Oh yes he has. H - You don't have a spare one though, H - This is bloody disgusting, excuse the language NOT SPOKEN IN EARSHOT OF ANYONE ELSE BUT EXCUSED BECAUSE I REALISED THE TAPE WAS RUNNING HOSER STILL WALKING AROUND H - You don't have one either TO ANOTHER TAXI DRIVER IN HIS TAXI H - A tarriff sticker H - You don't, you don't have one of those stickers with the different fares do you?. H - One of those stickers with the different, oh this guys going to go and harass him, oh gees, leave him alone please. P - Excuse me, where's the um, where's your tarriff label? H - Please leave him out of it, just, just worry about me. H - Oh, it's ridiculous. P - Come here, see that TO OTHER TAXI DRIVER HOSER STILL WALKING/PERRY NOW TALKING TO OTHER TAXI DRIVER/"NAME SUPPRESSED" STILL TALING WITH MONCREIF H - Excuse me, see that label there, do you have a spare one of them. T8 - Sorry? H - See that lae, sticker there for the different fares, do you have a spare one of them at all? T8 - No H - Do you know where they come from? T8 - Oh, we think they was the taxi depot with it. HOSER SHUFFLES OVER TO THE NEXT TAXI H - Do you have a spare one of those labels, you see those tarriff labels. T9 - These H - Do you have a spare one of them at all? T9 - No H - Do you know where their coming from? T9 - Mumbling H - I can't get over this! HOSER STILL WALKING H - Your going to have to go round me, by the way. HOSER STILL WALKING H - See that label you've got, with fares on it, the tarriff label, that gold one, T10 - Yeh H - Do you have any spares of them? T10 - Well, you get it from the ah, H - From where? The depot? T10 - RTA. H - The RTA. Well they, they've booking us for nor having them. T10 - Well they should. They should mate. AS IN THEY SHOULD HAVE THE STICKERS H - I've never come across anything so stupid in my time. H - I'll have to go and get one from them HOSER IS STILL WALKING H - Well I'm gonna have to ah P. O. Q. which means leave, and get one. I'll have to go to ... H - See ya mate TO ANOTHER TAXI DRIVER LOOKING ON HOSER WALKS OVER TO "NAME SUPPRESSED" B - Even Moncreif knew about the court case last week H - Their all in on it. They're absolute Pschos. B - They put that on ... H - They took my licence off me yesterday. B - Which licence? H - All my licences. All three of them. They took them off me yesterday gave me a letter, and I went to court, lodged an appeal. B - Yeh, what happened H - Now, I've gotta drive. They have to let me drive till the appeal comes up. The appeals not till next year. "NAME SUPPRESSED" BREAKS OUT INTO LAUGHTER H - You know, B - Why didn't you ring me up and let me know what was going on? H - I have been that busy Alan. I've been on seven different radio shows today. B - You don't know how busy I am. H - You wouldn't know what busy is Alan. H - Look, I've been on seven radio shows, let me... B - They can issue a warrent for me... "NAME SUPPRESSED" IS NOW WHISPERING IN HOSER'S EAR H - Okay... B- Listen KEEPS TALKING IN HOSER'S EAR H - Where at, where at. H - After christmas yeh. H - ... Last night there was three million people here, I couldn't touch them, cause I, I, couldn't work. They put me off the road. B - Who did. H - These two, they said take your car and drive it back, so I took it back B - Last night they put you off the road. H - Yeh, it woofed here something severe apparantly, B - See Pat Power is here now, and he saw this. MUMBLING H - Mister Moncreif and this psychopath. I just wish I, it's not Moncreif I mean Perry, B - Perry, H - Perry is round the bend. B - Look, Peter knows he's mad. H - I'll give you one advice. B - What? H - Don't tell them anything about anything, just let them find out themselves. H - They've probably got a bug on your car. B - Do you know, that when one does what you just did, it shows that your frustrated. It really does. DIRECTED AT PERRY WHO WAS PLAYING WITH HIS ELONGATED TORCH AS IF IT WERE A POLICE BATTON H - This guy, this ... Alan, look at the smile on this man's face though. B - Shh, shh, P - You see this screw here. B - Yes P - Well they get, they get er crowded off, and ... B - Yes P - So I just keep, I don't know,... B - Well it shows, yeh it shows sexual frustration. P - Does it? H - No I wouldn't be thinking of that, but what... P - Like, like, a long, a long straw... H - No, but, but, what, look at this man, look at this man, the thing that gets me, this man, P - You wouldn't want to be my wife when I get home tonight. B - BURSTS OUT IN LAUGHTER H - This man,... this man takes pride in being an absolute sod. M - Yeh you are DIRECTED AT PERRY H - He takes pride in being an absolute sod. "NAME SUPPRESSED" STILL HAVING FITS OF LAUGHTER OVER THE WAY PERRY IS PLAYING WITH HIS TORCH AND HIS COMMENT ABOUT HIS WIFE H - He just enjoys every minute B - We, we can frame you for what you've just said. DIRECTED AT PERRY OVER HIS EARLIER COMMENT ABOUT HIS WIFE H - I'll tell you what though. At least I'm glad you found me tonight, because it's obviously made your night. H - I can't get over it, I can't even pick up here. You know there's a hundred and thirty on that next plane over there. B - You know I had one of those stickers. H - Where do you get them from? I've got one at home. HOSER BURSTS OUT IN LAUGHTER AND JUMPS UP AND DOWN AS HEARD ON TAPE H - Guess whose going to Doncaster. B - You've got one at your house? A current one? B - I had one... H - I hope I've got the sticker. I've got one at home, I've definitely got one. The road traffic sent me one. They sent me one when I applied for information on cabs. B - Mmm, mmm H - Guess whose going to Doncaster, right now! B - Right now. H - Just go, I'll just casually trot into Flinders Street and get a car load, and um, no I won't, I'll take that back, I won't, I'll just go home. Straight to Doncaster. B - Right now? H - Hey man. I want to drive! H - I'll see you later B - Well, what's happening here? When, when's this coming out? H - It's going to multiple in an hour over there. B - In an hour? H - Yeh. Right. B - It will only take you about half an hour to get to Doncaster. Can I come for the drive? H - No. B - Why not H - No, because I'm going in my car, no because I won't come back here, I'll just go to the city. The city will be busy now. I'll see you. I've gotta go. I'll see you later IGNITION OF TAXI IS TURNED ON B - I'll see you tomorrow night H - MUMBLING B - ... Phil, tomorrow night probably. H - Yeh I know. B - ...down at Geelong H - Geelong. B - It's the place to go. Work Geelong, come back, and... B - ...I'll tell Michael. H - Michael who? McQuillan? B - Yeh H - Those guys, they, they, said, listen to this! I served this thing at four o'clock today, and they've obviously, so they didn't know I had a licence, and they have been out here all night waiting for me. B - When you were there before, Peter said we've been looking for you, and I said, oh you can't find me can you, and I said out of your way, ha, ha LAUGHTER B - He laughed, he cacked himself. H - He's an absolute psycho, that man though, Perry. B - Perry's crazy H - Yes... B - He was playing with the bloody knob. H - The thing is, is you just look on the smile on his face. B - The smile... H - But I don't even have a driving licence. B - Hey, you've got that on tape. It's enough to take back to his boss and say he needs a psychological test. H - Well we know they all need psychological ... B - Did you hear what he said he was going to do to his wife? LAUGHTER BY BOTH HOSER AND "NAME SUPPRESSED" B - Well we can subpoena him to court and say do you beat your wife? LAUGHTER BY BOTH HOSER AND "NAME SUPPRESSED" B - Subpoena his wife to court and say this is the calibre of this ... H - Alan, I'm going to have to leave these three hundred people waiting here and try and earn a living. B - What's this bullshit about testing the meter, H - Excuse the language B - Yeh, but to make, you know, the meter's got to be right, according to the sticker. That's not true, that's not right Phil. H - I know B - All it needs is the sticker. B ...sticker, right H - Bye H - MUMBLING AS HOSER TURNS ON THE TAXI RADIO R - ...car to cover the world trade centre city west, H - The city can't get cars. R - Cover world trade centre to West Brunswick H - They won't get a car for that. R - The world trade centre out to West Brunswick H - They've gone to ... these psychopaths END OF TAPE AND TRANSCRIPT €DH/2911871/LETTER OF APRIL, 10TH, 1988/PAGE |P/ €SRP1 PHILIP HOSER 744 TOORAK ROAD, EAST HAWTHORN, VIC, 3122 Dear Sir, or whom it may concern, On 29/11/87 I obtained the identification of two girls who evaded paying a taxi fare. (I was the taxi driver). I gave a statement at Russell Street Police Station on 29/11/87 at 8.15 A.M.. The police officer who took the statement (Badge no. 24943), was helpful to me at the time and assured me that the two girls would be charged in relation to the offence. The were to be charged with: 1. Theft by desception 2. Enter a taxi with intent not to pay. As of this date (10/4/88) I have heard nothing further in relation to these girls, the charges, etc. (and I have yet to recieve payment for the cab fare, although this is not a priority here). I am now asking you to take immediate action against these two girls for the crimes that they have committed. At this point in time, I should stress that I am not pressing the matter for any financial gain, (The whole exercise costs me money in terms of time lost, etc). However fare evasion by some taxi passengers has reached epidemic proportions and cannot be allowed to continue. By not taking action against these two girls, you are inviting them to continue robbing hard working taxi drivers, (and others). In anticipation of an immediate response YOURS SINCERELY TAPE TRANSCRIPT OF COURT CASE AT BROADMEADOWS COURT (VICTORIA). CASE WAS HEARD ON 29/11/90 IN THE MORNING. THE CASE WAS BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND OFFICERS OF THE ROAD TRAFFIC AUTHORITY (AKA VICROADS). TRANSCRIPT IS IN OR MAINLY IN THE COURTROOM. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN TRANSCRIPT UNDERLINED ARE THOSE ON THE COUNTER ON THE TAPE RECORDER FOR THE LARGE STANDARD SIZED TAPE. SIDE 2'S NUMBERS ARE PRECEDED WITH A '2' IN BRACKETS LIKE '(2)'. KEY. (MAIN CHARACTERS ONLY) HOSER = RAYMOND HOSER ROBBY = DAVID ROBBY (VICROADS) OLSEN = GEORGE OLSEN LEE = TONY S. LEE (BARRISTER FOR VICROADS) GURVICH = M. GURVICH (MAGISTRATE) FEMALE = FEMALE VOICE (FEMALE PERSON IN COURT/CLERK) TRANSCRIPT STARTS NOW FEMALE - Silence all stand please, the second division of Broadmeadows magistrate's court is now open. Please be seated. MUMBLING SOUNDS GURVICH - The matter of Olsen. 140 HOSER - Your worship I'm prosecuting the case. GURVICH - I beg your pardon. HOSER - My name's Hoser and I'm the person prosecuting the case. GURVICH - Yes. HOSER - Excuse me for the way I'm dressed, I've just had a flat tyre and... GURVICH - That's fine. GURVICH - Mr. Hoser, you're making an application for re-hearing of the matter are you. HOSER - That's correct. GURVICH - Yes, what was the matter, er... HOSER - The matter was two charges of assault, ah, one under the summary offences act, one under the crimes act, under the relevant sections which are written in the summonses. Um, basically the allegation is, that... GURVICH - Well... before we get to that, we've got to get through your application for a re-hearing. Is anyone here appearing for the respondent? LEE - Yes I am your worship. I appear on behalf of the Roads Corporation formerly the Road Traffic Authority. GURVICH - What's your name? LEE - Tee Ess Lee. GURVICH - MUMBLING LEE - Thanks ah, your worship. GURVICH - Now that's it. Now, what, did you appear on the last occasion mister Hoser... HOSER - It's very simple. Ah, the gentleman sitting with his back to you, this man, Mister Robby, ah had made arrangements both with myself on the phone and with my solicitor, Martin Smith of Herbert, Geer and Rundle, that er, these particular proceedings were to be dropped on the basis that er, proceedings that were initiated by this man and some of his friends against myself for like charges ah, as a result of an incident on the twenty fifth of may the same year, ah and as a result of another set of charges as a result of an incident a year or two, in 1987, the agreement was that I was to drop these charges on the basis that they were to drop their charges. Ah and basically, what happened was is I did keep my side of the agreement and these gentlemen didn't. So, on, on that basis, GURVICH - Yes, so you didn't come, is that what your saying. HOSER - That is correct, it was arranged about a week prior, and er, I, I attended at the court that week prior and spoke to the VicRoads, Road Traffic Authority, Roads Corporation, whatever they want to call themself. I spoke with them, and as far as I understood it was all okay. Now the next thing that comes up of importance though is, I was never notified in writing or any other means, of this, there was a judgment against me for one thousand and something dollars, almost two thousand dollars GURVICH - Yes, before you get to that, that's getting into the merits of the case. HOSER - Oh. GURVICH - The first thing you have to do is to satisfy me that this is a matter proper for a rehearing. 200 And that, you don't need to go into the merits of the case. HOSER - Oh, alright, no worries, thank you. GURVICH - Ah, you'll need to give evidence to show that what you say is how... LEE - Aah, well, ah, ah, the Roads Corporation object to this application, as ah well, as far as we understand, well ah, mister Hoser did not tturn up at the hearing. GURVICH - Well I don't think you need go into at this stage to object and er, I think that the proper manner is I hear evidence. LEE - Yes. LEE - ...wish to go any further at the end your worship. GURVICH - Yes, er, mister Hoser, you'll er, have to give evidence if you want to start the er, up this matter, somewhere. HOSER - You mean the case itself. GURVICH - No, no, as to why you were not here...witness box. HOSER - Yes. 218 FEMALE - Raise the bible in your right hand and repeat after me. I swear by almighty God. HOSER - I swear by almighty God. FEMALE - That the evidence I shall give. HOSER - That the evidence I shall give. FEMALE - To the court in his application. HOSER - To the court in this application. FEMALE - Shall be the truth. HOSER - Shall be the truth. FEMALE - The whole truth. HOSER - The whole truth. FEMALE - And nothing but the truth. HOSER - And nothing but the truth. FEMALE - Replace the bible. FEMALE - State your name, address and occupation... HOSER - My name is Raymond Terrence, also known as Philip Jacob, Hoser, H O S E R, ah, my address is fourty one Village avenue Doncaster, Victoria, 3108, Phone number eight five seven six four seven five. Occupation is former taxi driver also an author, of, GURVICH - What is your occupation now Mister Hoser. HOSER - Author, I also work as an insurance agent, but er, for purposes of this thing, I suppose it is better to just record me as an author. Um, I've written four books and a fifth one is almost completed. Um, and now what's next? HOSER - Sorry. The, I have to give evidence as to why I didn't come? GURVICH - Mister Hoser, um, this matter was due to be heard er, the thirteenth of July last year is that right. HOSER - That is correct. HOSER - Now, Okay, now. GURVICH - Served with a summonse. HOSER - No, GURVICH - Were you served with any information or summonses? HOSER - No, I was the one prosecuting the offence. GURVICH - You were the prosecuter were you. HOSER - Yes, I was prosecuting the gentleman sitting here, Mister George Olsen. HOSER - Mister Olsen assaulted me on the seventh of April nineteen eighty nine. GURVICH - Was there a case against you. HOSER - No. GURVICH - Were orders made against you? HOSER - Yes. GURVICH - What were the orders made against you for? HOSER - Costs, alleged costs, and they were one thousand... GURVICH - So, what, what do you say is the juristiction of this court in this matter. HOSER - Right, er, as, if I can just move myself from here. GURVICH - Yeh. HOSER - Um, as I've been made aware, um, I was. Do I have to get back in the box. GURVICH - Yes, you, go back in the box,... HOSER - Excuse me for my legal ignorance. Ah, I had to seek advice, um, basically it would be best to summarise the series of events, um. GURVICH - First of all, before you do that, what's the juristiction of this court to order a re-hearing in those circumstances. HOSER - An order has been made against me. GURVICH - Sentencing. HOSER - A normal sentancing order? An order. GURVICH - What's the jursitiction ... HOSER - Right, okay, er, I have a copy of the magistrate's summary proceedings act. GURVICH - Yes, well that act doesn't apply anymore, yes, HOSER - But there's a new act, er, under a section of the new act, er, the magistrate's court act, GURVICH - What section's this? HOSER - Ah, I did go through this with mister Kevin Hussey actually. GURVICH - Is he your solicitor? HOSER - No he's the gentleman, the clerk of courts, um, the various sections of the act, are, Okay then, schedule eight, clause, twelve, one, of the magistrate's court act, 1989, er. allows your rights under the old act. GURVICH - What schedule is that? HOSER - Schedule eight, clause twelve, number one. 288 €SR7 289 GURVICH - MUMBLING HOSER - Ah, I've got it in front of me actually. GURVICH - Which clause is that? HOSER - Ah, I'll just read the whole thing. GURVICH - No, don't read it, I'll find it myself. Now just tell me the clause. HOSER - Twelve, one. GURVICH - Yeh, now I've got twelve one, where do you go to from there. HOSER - Ah, then you go to the old act, GURVICH - Twelve one, what do you go to... HOSER - I didn't think this would be an issue, so I didn't take any time to look into this. GURVICH - Mister Hoser, ... HOSER - Okay, my apologies. GURVICH - They're important for me to understand that I have juristiction over these matters. HOSER - Right, well can I simply say I rely on the whole section? Would that be, suffice, and then allow your better judgement your worship to know which is the most important. GURVICH - Your asking me to be your lawyer for you are you... HOSER - The old act, er, there's a definition of order. Oh right, application to set aside ex-parte order, that's number one five two in the old act, the magistrate's summary proceedings, it says, where a conviction or order is made by a magistrate's court or by a justice or justice is not, GURVICH - Whatt section is it please, HOSER - Shall I just pass you the whole thing. GURVICH - Yes, GURVICH - What section is it. HOSER - One five two. GURVICH - Yes, HOSER - And then if you go back tto he previous page on the thing you've got the definition of order. GURVICH - Yes, yes. GURVICH - You can take your seat now Mister Hoser. HOSER - Thank you. 328 343 GURVICH - Yes, you saying anything else? HOSER - Ah, you've caught me out there. I assume that what I have given you is enough to authorise a rehearing. GURVICH - Got any other witnesses you wish to have. HOSER - In relation to a rehearing. GURVICH - Yeh. HOSER - No, not at this stage. GURVICH - Those and juristictional matters. HOSER - To enable a rehearing. GURVICH - I follow this, I'll talk to you now about jursistiction... GURVICH - I'll just quickly indulge in... LEE - Your worship, I would submit that er, well, just that briefly I can ... procedures, that first of all it's a juristictional, and er, as far as this case goes, er well, that's a matter of the verict of those other magistrate... GURVICH - ... an order has been made against him in ... costs. GURVICH - Is that right? HOSER - An ex-parte hearing. GURVICH - Were you here? TO LEE LEE - No, I wasn't here at the time. GURVICH - All I'm asking you is to address me on that, certainly the juristiction under the act, do you wish to reply to the, to what Mister Hoser has said? LEE - Um, that as far as I understand, your worship, um, Mister Hoser has not given any evidence as to the hearing, because he was not... GURVICH - That's no the issue. The issue...is not the evidence, no what happened, that'll be the next thing, if we get to that. The first question is, what is the juristiction to hear this matter if it exists... LEE - Yes I follow your worship. GURVICH - So, Hoser says, has submited to me, that he, er, the provisions in the summary procedures act apply, by reason of the... I would ... agree with that, and if so, so, and if you don't, tell me why you don't. DIRECTED AT TONY LEE LEE - Um, I don't think I would take this issue up at this stage. GURVICH - Very well, we'll go to the next stage... MUMBLING HOSER - Your worship, if I appear to go off at a tangent about what appears to be irrelevant, please bear with me, there are issues, some are more complicated than er, er, you know, just a few conversations that we've ... HOSER - I'm just trying to put it into a historical perspective. 403 HOSER - Right, er, my history with George Olsen is just a part of the Roads Coproration history. Er, I originally obtained a taxi driver's certificate in nineteen eighty five, at the end of the year, about october november, and er, drove a taxi, essentially full time up until the fourth of. GURVICH - You're referring to a written notes are you? HOSER - I just put these notes up this morning yes. I can give you a whole copy, this is just a, it's not a long. HOSER - Um, now, I continued driving taxis for all intents and purposes full-time, GURVICH - Has that got part of the way you've come to court? HOSER - Yes, yes. Um, yes, it's just so you understand why it arose. The situation and why I didn't come. The reason why I didn't come, in essential, is that it was arranged between myself, mister Robby here and my solicitor, Martin Smith, of Herbert, Geer and Rundle that I was not to appear, the matter was to be dropped, GURVICH - Will you be calling Mister Smith. HOSER - No, I didn't think that would be a major issue. HOSER - But I can call another witness, Mister Alan "NAME SUPPRESSED", who will give evidence that what was arranged was arranged, GURVICH - Where is he? HOSER - He's a phone call away and he's at North Melbourne and he's very sick, but he will come if neccessary. GURVICH MUMBLING HOSER - Right, he is very sick, he, he. GURVICH - Are you aware that you can get legal advice. HOSER - I have applied for legal aid, and I was refused. I went through the normal channels, in fact I've applied about five times in Victoria for legal aid, and have been refused every time. GURVICH - Yes. HOSER - Now the situation was, essentially, that was the arrangement that was made. Now the circumstances, GURVICH - Well first of all, ...evidence, tell me what it is that you know about it, the matter, your own knowledge. HOSER - All right, as I know it on my own knowledge, I saw my solicitor, Martin Smith of Herbert, Geer and Rundle, and to discuss among other matters, this, er an arrest and assault of myself by a number of policemen at Kew on the 25th of May, and another case which arose out of my apprehension of a fare evader in a taxi in August September 1987. Now, as a result of my apprehension of that taxi fare evader, I was subsequently charged with two counts of assault and one count of theft. Um, I was convicted in the lower court of those two, of those, GURVICH - Wait a minute. GURVICH - Convicted where? HOSER - Melbourne magistrate's court, on the twentyfirst, or thereabouts of December nineteen eighty eight. Now the er, policeman gave perjured evidence and among other things called, went and called stooge witnesses. And then basically after the court case, the police officer, whose name was Ross Bingley openly admitted that he had rigged the case and in his own words, ah, GURVICH - How is this relevant? HOSER - Yes, and you'll see in a minute. He, he admitted he'd rigged the case, and I then lodged an appeal on the, on the basis of the new information. Um, when the appeal did come up, which is going foreward ah, to early this year, ah the case, the police offered no evidence on the basis that the new evidence, in other words because he'd come foreward in my favour, um, and the matter was dropped, so I was basically cleared of um, I was exonerated of those charges. Now in between that time. the time of the original conviction and the time of the dismissal of the charges, which is the space of some fourteen months, on april the seventh, George Olsen here um, assaulted me at Tullamarine airport. Now the, provocation in inverted commas, of GURVICH - You say, when do you say this was? This year? HOSER - No, I said the assault by George Olsen, the one that gave rise to these charges occurred on or around April the seventh 1989. GURVICH - Yes. HOSER - Now, the, GURVICH - I don't want you to give the detail of the... HOSER - Charges, GURVICH - Yeh, HOSER - No worries. GURVICH - Why it was... HOSER - I'm coming up to the issues. HOSER - So... GURVICH - If we get to the next stage, then we'll... HOSER - Sure, now what happened was, was in relation to, so I then lodged a complaint with the relevant authorities about the assault, and as a result of that, um they were, I'm not sure whether vacillating is the word or not to do anything, and I then issued the summonse against Mister Olsen on two counts of assault. Now so, the state of play at the time was, Olsen was charged with assault and I was going to fight an appeal for another assault. GURVICH - Yes HOSER - Right, now, in between that time, I was then, um or about, I was then picked up by the Kew Police at Kew, the police officers who were known to the R T A officers in particular Mister Robby, GURVICH - If you go off the track again and not deal with the issues. HOSER - I, I'm trying to come to the issue, but you do have to understand what, what is the issue. GURVICH - MUMBLING HOSER - Sorry your worship. In a nutshell as a result of the incident on the twentyfirst of may, I was charged with a number of offences including assault. That's the issue. So the state of play at the time was, I was facing assault charges and a Roads Corporation official was facing assault charges. Now, GURVICH - All you had to say, instead of that last ten minutes, was there were cross applications or summonses of assault, that's all you had to say.... HOSER - I'm sorry your worship, sorry, Okay. GURVICH - Now then what happened after that? HOSER - As a result of that, and as a result of consultations between Martin Smith and Mister Robby, and other officers of the R T A, 486 €SR1 487 GURVICH - I won't receive that evidence from you Mister er, Hoser, you'll have to call mister Smith. That's what's called heresay evidence. HOSER - Well, as I've, yes I understand what you've said, ah, I was informed, that the negotiations GURVICH - You formed a belief. HOSER - I formed the belief, GURVICH - Yeh, HOSER - That, er, the arrangement was that should I drop these charges, the Roads Corporation and the police, they were working in tangent, would drop the charges outstanding against assault. GURVICH - Yes I follow, HOSER - And that was essentially why. GURVICH - And when did you form that belief. HOSER - By my recollection, and I, I don't have anything in writing here, and so I find it very hard to be specific, GURVICH - Approximately when was it? HOSER - Two weeks, within two weeks prior to the hearing date, which you have told me was July the thirteenth. As a result of that, in the week or so prior and there was at least, it wasn't as if it was the day before. It was some time prior, I made calls to Robby, the Roads Corporation who confirmed it, GURVICH - ... When did you do that. After the... HOSER - It would have been early July, early july. Assuming the thirteenth of July was the day in question. GURVICH - Telephoned Mister Robby did you? HOSER - Yes, of the Roads corporation. GURVICH - And what did you understand... HOSER - He concurred with what I had been told. GURVICH - No what was his job there. HOSER - Oh, Misteer Robby is one of the legal staff, GURVICH - Yes, HOSER - Along with Connell and Williams, GURVICH - And, er, what, tell me the conversation you had with him. HOSER - Well it was very brief. Mister Robby, GURVICH - The substance of the conversation. HOSER - Um, I basically said, er, you, you'll want me to drop the case against Olsen, to which he said yes, and I said, if I drop the case against Olsen, will you be dropping, you and the police be dropping your case against me, and he said yes. GURVICH - Yes. HOSER - And that was basically the summary of the conversation and as I recall there might have beeen one or two minor things said, but basically he hung up on me after that time. GURVICH - All right and what happened after that time. HOSER - After that I came to he court and arranged for the mater to be dropped here, and, GURVICH - When did you do that? HOSER - Within the week or so prior, likewise to the Roads Corporation, made phone calls and... GURVICH - How do you know that? HOSER - Sorry? GURVICH - How do you know that, the last bit your telling me... HOSER - At the court? GURVICH - Yes, HOSER - That I, it was within a week or so prior to me coming to court. GURVICH - That the Roads Corporation people did thee same... HOSER - No, no, I did the same with the Roads Corporation, I told them directly myself, that I were to drop the charges, GURVICH - Yes, HOSER - So, as I understood it, and furthermore the clerk, here at this court, also did inform me, and I would have tape recorded that conversation, and the original of that tape would presumably be in storage. GURVICH - Yes. HOSER - And I tape record a lot of encounters with that sort of people, as in police, roads corporation, clerk of courts, GURVICH - ... Are you taping us today? HOSER - No, but I want to. GURVICH - If you do, you will be in contempt of court. HOSER - I am aware of that. But I do want to tape record and I have the tape recording equipment just there, and I wish to tape record the case. 523 GURVICH - ...contempt of court, do you understand. HOSER - Yes. GURVICH - And the same will apply if you atempt to tape ... any other persons. HOSER - Sure, within the confines of the court, yes. Um, END OF SIDE ONE 023 GURVICH - You have been warned about the listening devices act as well. HOSER - Yes. LEE - Yes go on, HOSER - So, what happened was, was um as a result of that, um, I had been led to believe that that was the end of the matter, and the first I heard to the contrary, was when when I was here with another man, by the name of Alan "NAME SUPPRESSED", ah, on a case, I can't remember what the case was, something up here at Broadmeadows court, and er, I was informed by Rick Roberts, who you probably know as one of the clerks here, um, GURVICH - Well don't assume I know anything, anyone, HOSER - Okay, I, I said probably, that's not a, a, categorical statement. So, I, Mister Roberts informed me that I had a judgement against me for some enormous amount. GURVICH - ...contend you believe the matter was not proceeding... HOSER - Yes. GURVICH - And er, HOSER - I never heard anything, GURVICH - And when did you first hear, that the matter was not er, that that was not the case. HOSER - Approximately the middle of this year. HOSER - By my recollection. It was some time ago, but it was certainly one hell of a long time after the original ah, ah, GURVICH - But that's when you heard there was an order against you, is that right. HOSER - Yes, I then approached the Roads Corporation, GURVICH - We don't need to go, well less than the material that told you, in the submissions, is there anything in that? HOSER - Ah, I, there is, in a way. I approached er, Roads Corporation officer, David O'Sullivan who's a superior of Mister Olsen here, um, and er, GURVICH - Did you see him prsonally or ring him up? HOSER - Both, but the discussion was personal, because I never have any major conversations over the phone because of the listening devices, er, telecommunications and so on. GURVICH - Was Mister Robby's TAPE TRANSCRIPT OF COURT CASE AT BROADMEADOWS COURT (VICTORIA). CASE WAS HEARD ON 29/11/90 IN THE MORNING. THE CASE WAS BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND OFFICERS OF THE ROAD TRAFFIC AUTHORITY (AKA VICROADS). TRANSCRIPT IS IN OR MAINLY IN THE COURTROOM. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN TRANSCRIPT UNDERLINED ARE THOSE ON THE COUNTER ON THE TAPE RECORDER FOR THE LARGE STANDARD SIZED TAPE. SIDE 2'S NUMBERS ARE PRECEDED WITH A '2' IN BRACKETS LIKE '(2)'. KEY. (MAIN CHARACTERS ONLY) HOSER = RAYMOND HOSER ROBBY = DAVID ROBBY (VICROADS) OLSEN = GEORGE OLSEN LEE = TONY S. LEE (BARRISTER FOR VICROADS) GURVICH = M. GURVICH (MAGISTRATE) FEMALE = FEMALE VOICE (FEMALE PERSON IN COURT/CLERK) EXCERPTS OF TRANSCRIPT ONLY ROBBY - ADMITTED THAT VICROADS KNEW HOSER WAS GOING TO DROP CASE PRIOR TO IT BEEING HEARD ON 13/7/90 (2) 243 ROBBY - 252 I don't have personal knowledge, your worship, but I understand the witnesses were afraid to attend on the county court appeal. RE BINGLEY ASSAULT CHARGE IN WHICH POLICE ADMITTED TO FABRICATING 270 ROBBY ADMITTED THAT HE HAD POWER TO NEGOTIATE WITH POLICE IN RELATION TO CHARGES THEY HAD LAID AGAINST HOSER ROBBY - It might be possible to do so. 272 ROBBY - Your worship, the file cannot be found. 275 ROBBY RECALLS CONVERSATIONS WITH MARTIN SMITH, SOLICITOR 280 ROBBY - I understand the witnesses were afraid to attend the county court appeal. ROBBY RECALLS SEEING HOSER IN COURT FOR FIRST TIME HOSER - Mister Robby do you recall the very first time you saw me in court? ROBBY - Yes, I think it might have been for breaches of the er, multi purpose taxi scheme which I know approximately HOSER - I put it to you I have never been in breach of multi purpose taxi fraud. ROBBY - You were convicted of that matter. You were convicted on that occasion. HOSER - Okay, Mister Robby, I put it to you that the first time you saw me in court was for multiple hiring. GURVICH - Mister Hoser, your doing yourself no good by bringing in those things. HOSER - Okay, no worries HOSER - I put it to you Mr. Robby that you displayed hostility to me on that occasion, even though you'd never even met me ROBBY - It would be fair to say, I um would be less than friendly towards you and the reason would be um, matters I won't intro, I was certainly hostile towards you at the conclusion of that matter for reasons which I won't take further if you want to. HOSER - I put it to you Mr. Robby on the occasion when I was, found out on that you were the RTA solicitor, I introduced myself and offered my hand to shake it and you refused. ROBBY - Yes GURVICH - That's got nothing of relevance 288 ROBBY STATED THAT HOSER HAD BEEN CONVICTED OF BREACHING MULTI-PURPOSE TAXE REGULATIONS (HOSER HAD NEVER BEEN CHARGED OR CONVICTED OF SUCH OFFENCE) ROBBY ADMITTED HOSTILITY TO HOSER 310 ROBBY DENIED KNOWLEDGE OF A LETTER DROPPING PROCEEDINGS AGAINST OLSEN 320 ROBBY NOW ADMITS KNOWLEDGE OF LETTER (CROSS EXAMINED BY HOSER) 325 ROBBY NOW STATES THAT HE HAS LOST THE FILE IN RELATION TO HOSER 330 HOSER STATES FILE MAY HAVE BEEEN LOST DU TO FEAR OF ROBBY/RTA INCRIMININATING THEMSELVES. 335 ROBBY ADMITTED TO CONACTING FAMILY MEMBERS IN RELATION TO THE CASE INCLUDING MY BROTHER IN ENGLAND GURVICH - TERMINATED HOSER'S QUESTIONING 338 GURVICH - 365 I have listened to the evidence of ... um, I am completely satisfied that the evidence of Mister Robby is rue and accurate and that he is a witness of credit, and have heard the applicant and come to the conclusion that being in a case against him would be like being in a phone box with an open umbrella, no matter which way you turn, you'll get it in the eye. I refuse the application on the merits. I do not accept anything in respect of the discussion that er, Mister Hoser in evidence is correct, and ah, am satisfied that this is a matter that should be refused... HOSER IS CALLED A LIAR LEE - Ah, your worship I also wish to ask your worship for costs, um, GURVICH - Your wanting costs. LEE - MUMBLING LEE - Ah, to claim for costs for solicitors fees. 386 LEE - I claim for ... HOSER - Your worship, can I speak for a minute. HOSER - MUMBLING LEE - Ah, under, under item two, your worship, appendix ... of costs, um, those instructions I would apply for one hundred and sixty seven dollars. 410 421 COMPLETE TRANSCRIPT FROM HERE TO FINISH OF CASE HOSER - I don't want to sound like I'm crying sour grapes, but er, it might be like talking to a brick wall, because you didn't seem to listen to the evidence I gave there. GURVICH - Mister Hoser, one more word like that and I will deal with you for contempt of court. Do you understand what I've said. HOSER - Sorry, GURVICH - Do you understand what I've said. HOSER - No, could you please repeat it, I'm sorry. GURVICH - One more statement such as that, I will deal with you for contempt of court, do you understand. HOSER - Not really, but I'll do my best. GURVICH - It may involve you going to prison. GURVICH - What do you say as to costs. HOSER - I object. HOSER - I suppose it was fairly predictable, but I do object. GURVICH - Your ordered to pay two hundred and thirty four dollars costs... HOSER WALKS OUT OF COURT 440 END OF CASE TAPE TRANSCRIPT OF COURT CASE AT BROADMEADOWS COURT (VICTORIA). CASE WAS HEARD ON 29/11/90 IN THE MORNING. THE CASE WAS BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND OFFICERS OF THE ROAD TRAFFIC AUTHORITY (AKA VICROADS). TRANSCRIPT IS IN OR MAINLY IN THE COURTROOM. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN TRANSCRIPT UNDERLINED ARE THOSE ON THE COUNTER ON THE TAPE RECORDER FOR THE LARGE STANDARD SIZED TAPE. SIDE 2'S NUMBERS ARE PRECEDED WITH A '2' IN BRACKETS LIKE '(2)'. KEY. (MAIN CHARACTERS ONLY) HOSER = RAYMOND HOSER ROBBY = DAVID ROBBY (VICROADS) OLSEN = GEORGE OLSEN LEE = TONY S. LEE (BARRISTER FOR VICROADS) GURVICH = M. GURVICH (MAGISTRATE) FEMALE = FEMALE VOICE (FEMALE PERSON IN COURT/CLERK) EXCERPT OF TRANSCRIPT ONLY DAVID ROBBY'S EVIDENCE AND CROSS EXAMINATION OF HIM (2) 180 LEE - Ah, yes your worship, I wish to call Mister David Robby, GURVICH - Yes, LEE - That would be very short, HOSER - No worries your worship, LEE - Ah, the evidence will be short, GURVICH - Yes, yes go ahead. FEMALE - Hold the bible in your right hand and repeat after me. I swear by almighty God. ROBBY - I swear by almighty God. FEMALE - That the evidence I shall give. ROBBY - That the evidence I shall give, FEMALE - To the court in this application, ROBBY - To the court in this application, FEMALE - Shall be the truth, ROBBY - Shall be the truth, FEMALE - The whole truth, ROBBY - The whole truth, FEMALE - And nothing but the truth, ROBBY - And nothing but the truth, ROBBY - Your worship, my name is David Robby, I am a solicitor of er, an officer of the Roads Corporation, based at sixty Denmark Street, in Kew, and I am a solicitor by occupation. That is correct. TRANSCRIPT CONTINUES TAPE TRANSCRIPT OF COURT CASE AT BROADMEADOWS COURT (VICTORIA). CASE WAS HEARD ON 29/11/90 IN THE MORNING. THE CASE WAS BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND OFFICERS OF THE ROAD TRAFFIC AUTHORITY (AKA VICROADS). TRANSCRIPT IS IN OR MAINLY IN THE COURTROOM. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN TRANSCRIPT UNDERLINED ARE THOSE ON THE COUNTER ON THE TAPE RECORDER FOR THE LARGE STANDARD SIZED TAPE. SIDE 2'S NUMBERS ARE PRECEDED WITH A '2' IN BRACKETS LIKE '(2)'. KEY. (MAIN CHARACTERS ONLY) HOSER = RAYMOND HOSER ROBBY = DAVID ROBBY (VICROADS) OLSEN = GEORGE OLSEN LEE = TONY S. LEE (BARRISTER FOR VICROADS) GURVICH = M. GURVICH (MAGISTRATE) FEMALE = FEMALE VOICE (FEMALE PERSON IN COURT/CLERK) EXCERPT OF TRANSCRIPT ONLY DAVID ROBBY'S EVIDENCE AND CROSS EXAMINATION OF HIM (2) 180 LEE - Ah, yes your worship, I wish to call Mister David Robby, GURVICH - Yes, LEE - That would be very short, HOSER - No worries your worship, LEE - Ah, the evidence will be short, GURVICH - Yes, yes go ahead. FEMALE - Hold the bible in your right hand and repeat after me. I swear by almighty God. ROBBY - I swear by almighty God. FEMALE - That the evidence I shall give. ROBBY - That the evidence I shall give, FEMALE - To the court in this application, ROBBY - To the court in this application, FEMALE - Shall be the truth, ROBBY - Shall be the truth, FEMALE - The whole truth, ROBBY - The whole truth, FEMALE - And nothing but the truth, ROBBY - And nothing but the truth, ROBBY - Your worship, my name is David Robby, I am a solicitor of er, an officer of the Roads Corporation, based at sixty Denmark Street, in Kew, and I am a solicitor by occupation. That is correct. LEE - Yes, er, Mister Robby, according to what er, Mister Hoser said, he got a, a telephone conversation with you, sometime in early July in nineteen eighty nine, ah, could you recall this telephone conversation? ROBBY - I believe that you would be referring to a telephone conversation in the week before this hearing took place, and I say no such telephone conversation took place with Mister Hoser in any time, month or a month or a year later than the particular case at the time it was heard on the thirteenth of July, nineteen eighty nine. GURVICH - So that is the conversation where er, the substance of er... was discussed. (2) 210 ROBBY - No conversation at all your worship, with Mister Hoser. GURVICH - Yes. GURVICH - What else, ROBBY - I have had er conversations with his solicitor, who has been his solicitor, Mister Martin Smith, who's been, GURVICH - has this been the conversation with the solicitor? ROBBY - Never, never any, any conversation whatsoever with the effect that the matter would, er, we would be withdrawing police charges or any other charges against Mister Hoser, in exchange for his withdrawing of the matter against Mister Olsen, which was heard on the thirteenth of July last year. GURVICH - Yes, LEE - Ah, Mister Robby, would you have any authority to compromise police charges, ah, well in return for ah, Mister Hoser not to prosecute Mister Olsen. ROBBY - I er, wouldn't, I believe have no such authority and certainly have never entertained such an idea or such a withdrawal of charges by the police, your worship, GURVICH - Yes, ROBBY - The, your worship, I instructed Mister Mark La Piro of counsel when this matter was heard on the thirteenth of July, it was believed up to the, either the morning of the court or late on the afternoon before that the matter would be proceeding. GURVICH - Were you present at the court? ROBBY - I was present at the court your worship. I was instructing. And I was, it was either on early on the morning of the court that the matter of Mister Hoser would er, not be turning, turning up to the, GURVICH - Say the last bit again, I'm sorry. ROBBY - It was either early on the morning of the court on the thirteenth, or late on the afternoon of the day before, the twelfth of July, um, I don't want to confirm the exact time because um, GURVICH - How did you come by that information? ROBBY - I, my recollection, your worship, the file cannot be found at present, but there was a communication made I believe to not, of the corporation, not proceeding... MAGISTRATE'S NOTES ON 13/7/89 SHOW NO MENTION OF CORRESPONDENCE BETWEEN HOSER AND RTA AND IT APPEARS THAT MAGISTRATE MADE JUDGEMENT AGAINST HOSER IN ABSENCE OF KNOWLEDGE OF ANY SUCH CORRESPONDENCE GURVICH - Did you form that belief... LEE - Yeh, now Mister Robby, had you at any stage ever raised the issue of the police that well, they would consider dropping the charges against Mister Hoser? ROBBY - Never. GURVICH - What ever happened to those charges? ROBBY - I have personal knowledge your worship that er I understand the winesses were afraid to attend on the county court appeal, and,... GURVICH - So they were dealt with. (2) 255 ROBBY - Yes they were,... LEE - I have no further questions then your worship. GURVICH - Do you wish to cross examine? HOSER - Yes, thank you your worship. (2) 260 HOSER - David Robby, er, you state as a solicitor with the Roads Corporation, you do not have any, any in inverted commas, Authority to drop police charges, is that correct. ROBBY - I do. HOSER - Sorry? ROBBY - I do. HOSER - Thank you. Now, however as a solicitor, er, it is no doubt possible that you may negotiate with another party for a moderation or a dropping of charges. Is that correct? ROBBY - Yes, er, such charges, I personally never had occasion to do so, I imagine in certain times it might be possible to do so. HOSER - Thank you. ROBBY - Not in, nothing happened in this particular case and no conversation took place about it. HOSER - Right now you state you state er, you state you had conversations with Martin Smith? ROBBY - I do say that I had, had conversations with Martin Smith at times, which I do not specifically recall. Certainly I've had no conversations to agree or compromise er, the defence of Mister Olsen's matter with him at any time, and certainly not to er, communicate some special er, withdrawing of other charges in exchange for the charges that have been brought against him. Nothing at all. HOSER - Mistr Robby, do you recall the first time that you saw me in court? ROBBY - Yes, I, I'm not completely, I believe that might have been for breaches of the er, multi-purpose taxi scheme, which I may have prosecuted. I can't recall otherwise. HOSER - And I put it to you that have never been breached for multi-purpose taxi fraud. ROBBY - You were convicted of that matter. You were convicted on that occasion. GURVICH - Er, Mister Robby, I don't think you should go into those matters at this time. HOSER - Okay, Mister Robby, I put it to you that the first time you saw me in court in brief, was multiple hiring. GURVICH - Mister er Hoser, your doing yourself no good by bringing those things. HOSER - No worries, Okay, No worries, Okay. HOSER - I put it to you Mister Robby that you displayed hostility to me on that occasion before you had even met me. (2) 298 ROBBY - It would be fair to say that er, I'm um, would be less than friendly towards you, and the reason would be, er of matters I won't go into. But I was certainly hostile to you at the conclusion of that matter um, for reasons that I won't take further if you want it. HOSER - I put it to you Mister Robby, on the occasion, where I found out that you were the Ar - Tee - Ay solicitor, I introduced myself and offered my hand to shake you and you refused. GURVICH - Ah, hat' not relevant. Next question please. HOSER - Um, GURVICH - That's got nothing of relevance. HOSER - I put it to you, that among the either with the conversation with yourself or with one of the others, as in John Connell or Ian Williams, I was instructed by Roads Corporation to put it in writing that I intended to drop the charges against Olsen. GURVICH - Do you know anything. ROBBY - No, none, your worship. HOSER - I put it to you that the communication you referred to was in fact a letter served personally on the Roads Corporation on at least two separate occasions. GURVICH - What are you talking about now? What's that communication. HOSER - Er, I served Mister Robby a letter, prior to this case, the thirteenth of July informing the Ar- not Robby personally, I served it on the Ar - Tee - Ay enforcement section in Burwood Road Hawthorn, and on the Ar - Tee - Ay head office in Lygon Street, Carlton, informing them of the fact that the matter was to be dropped. GURVICH - Did you get such a letter? ROBBY - That may well be the letter, and that letter arrived in the afternoon of as I believe, um was your worship just the afternoon before the hearing that I saw it. GURVICH - Is that er, ... HOSER - No, I would, I would suggest that, that's the letter, but I would suggest that it in all probability arrived a substantial period before that as in days. GURVICH - Did you see the letter. ROBBY - No it's not on our files. Your worship, the files cannot be found. GURVICH - Yes. (2) 329 CROSS EXAMINATION OF DAVID ROBBY CONTINUES LEE - Yes, er, Mister Robby, according to what er, Mister Hoser said, he got a, a telephone conversation with you, sometime in early July in nineteen eighty nine, ah, could you recall this telephone conversation? ROBBY - I believe that you would be referring to a telephone conversation in the week before this hearing took place, and I say no such telephone conversation took place with Mister Hoser in any time, month or a month or a year later than the particular case at the time it was heard on the thirteenth of July, nineteen eighty nine. GURVICH - So that is the conversation where er, the substance of er... was discussed. (2) 210 ROBBY - No conversation at all your worship, with Mister Hoser. GURVICH - Yes. GURVICH - What else, ROBBY - I have had er conversations with his solicitor, who has been his solicitor, Mister Martin Smith, who's been, GURVICH - has this been the conversation with the solicitor? ROBBY - Never, never any, any conversation whatsoever with the effect that the matter would, er, we would be withdrawing police charges or any other charges against Mister Hoser, in exchange for his withdrawing of the matter against Mister Olsen, which was heard on the thirteenth of July last year. GURVICH - Yes, LEE - Ah, Mister Robby, would you have any authority to compromise police charges, ah, well in return for ah, Mister Hoser not to prosecute Mister Olsen. ROBBY - I er, wouldn't, I believe have no such authority and certainly have never entertained such an idea or such a withdrawal of charges by the police, your worship, GURVICH - Yes, ROBBY - The, your worship, I instructed Mister Mark La Piro of counsel when this matter was heard on the thirteenth of July, it was believed up to the, either the morning of the court or late on the afternoon before that the matter would be proceeding. GURVICH - Were you present at the court? ROBBY - I was present at the court your worship. I was instructing. And I was, it was either on early on the morning of the court that the matter of Mister Hoser would er, not be turning, turning up to the, GURVICH - Say the last bit again, I'm sorry. ROBBY - It was either early on the morning of the court on the thirteenth, or late on the afternoon of the day before, the twelfth of July, um, I don't want to confirm the exact time because um, GURVICH - How did you come by that information? ROBBY - I, my recollection, your worship, the file cannot be found at present, but there was a communication made I believe to not, of the corporation, not proceeding... MAGISTRATE'S NOTES ON 13/7/89 SHOW NO MENTION OF CORRESPONDENCE BETWEEN HOSER AND RTA AND IT APPEARS THAT MAGISTRATE MADE JUDGEMENT AGAINST HOSER IN ABSENCE OF KNOWLEDGE OF ANY SUCH CORRESPONDENCE GURVICH - Did you form that belief... LEE - Yeh, now Mister Robby, had you at any stage ever raised the issue of the police that well, they would consider dropping the charges against Mister Hoser? ROBBY - Never. GURVICH - What ever happened to those charges? ROBBY - I have personal knowledge your worship that er I understand the winesses were afraid to attend on the county court appeal, and,... REFERRING TO CASE OF BINGLEY(POLICE)/BOWMAN(RTA)/O'SHANNESSY(FARE EVADER), WHEREBY CHARGES WERE WITHDRAWN AFTER BINGLEY ADMITTED TO FABRICATING CHARGES AND PAYING OFF MAGISTRATE HUGH ADAMS ON 21/12/88. GURVICH - So they were dealt with. (2) 255 ROBBY - Yes they were,... LEE - I have no further questions then your worship. GURVICH - Do you wish to cross examine? HOSER - Yes, thank you your worship. (2) 260 HOSER - David Robby, er, you state as a solicitor with the Roads Corporation, you do not have any, any in inverted commas, Authority to drop police charges, is that correct. ROBBY - I do. HOSER - Sorry? ROBBY - I do. HOSER - Thank you. Now, however as a solicitor, er, it is no doubt possible that you may negotiate with another party for a moderation or a dropping of charges. Is that correct? ROBBY - Yes, er, such charges, I personally never had occasion to do so, I imagine in certain times it might be possible to do so. HOSER - Thank you. ROBBY - Not in, nothing happened in this particular case and no conversation took place about it. HOSER - Right now you state you state er, you state you had conversations with Martin Smith? ADMITS COMMUNICATION WITH HOSER OR AGENT IN RELATION TO RTA MATTERS BEFOREHAND ROBBY - I do say that I had, had conversations with Martin Smith at times, which I do not specifically recall. Certainly I've had no conversations to agree or compromise er, the defence of Mister Olsen's matter with him at any time, and certainly not to er, communicate some special er, withdrawing of other charges in exchange for the charges that have been brought against him. Nothing at all. HOSER - Mister Robby, do you recall the first time that you saw me in court? ROBBY - Yes, I, I'm not completely, I believe that might have been for breaches of the er, multi-purpose taxi scheme, which I may have prosecuted. I can't recall otherwise. HOSER - And I put it to you that have never been breached for multi-purpose taxi fraud. ROBBY - You were convicted of that matter. You were convicted on that occasion. HOSER WAS NEVER CONVICTED OF MULTI-PURPOSE FRAUD. ROBBY HAS TOLD A DELIBERATE LIE HERE TO ATTEMPT TO DISCREDIT HOSER. GURVICH - Er, Mister Robby, I don't think you should go into those matters at this time. HOSER - Okay, Mister Robby, I put it to you that the first time you saw me in court in brief, was multiple hiring. GURVICH - Mister er Hoser, your doing yourself no good by bringing those things. HOSER - No worries, Okay, No worries, Okay. HOSER - I put it to you Mister Robby that you displayed hostility to me on that occasion before you had even met me. (2) 298 ROBBY - It would be fair to say that er, I'm um, would be less than friendly towards you, and the reason would be, er of matters I won't go into. But I was certainly hostile to you at the conclusion of that matter um, for reasons that I won't take further if you want it. ROBBY HAS ADMITTED HOSTILITY TO HOSER SO ANY 'LEGAL' ADVICE FROM ROBBY OR HIS FRIENDS IN RELATION TO HOSER MUST NOT BE TREATED AS FAIR. HOSER - I put it to you Mister Robby, on the occasion, where I found out that you were the Ar - Tee - Ay solicitor, I introduced myself and offered my hand to shake you and you refused. GURVICH - Ah, hat' not relevant. Next question please. HOSER - Um, GURVICH - That's got nothing of relevance. HOSER - I put it to you, that among the either with the conversation with yourself or with one of the others, as in John Connell or Ian Williams, I was instructed by Roads Corporation to put it in writing that I intended to drop the charges against Olsen. GURVICH - Do you know anything. ROBBY - No, none, your worship. HOSER - I put it to you that the communication you referred to was in fact a letter served personally on the Roads Corporation on at least two separate occasions. GURVICH - What are you talking about now? What's that communication. HOSER - Er, I served Mister Robby a letter, prior to this case, the thirteenth of July informing the Ar- not Robby personally, I served it on the Ar - Tee - Ay enforcement section in Burwood Road Hawthorn, and on the Ar - Tee - Ay head office in Lygon Street, Carlton, informing them of the fact that the matter was to be dropped. GURVICH - Did you get such a letter? ROBBY - That may well be the letter, and that letter arrived in the afternoon of as I believe, um was your worship just the afternoon before the hearing that I saw it. GURVICH - Is that er, ... HOSER - No, I would, I would suggest that, that's the letter, but I would suggest that it in all probability arrived a substantial period before that as in days. GURVICH - Did you see the letter. ROBBY - No it's not on our files. Your worship, the files cannot be found. ROBBY HAS ACKNOWLEDGED LETTER FROM HOSER BEING SERVED ON RTA PRIOR TO OLSEN CASE. ROBBY OR SOMEONE ELSE IN THE RTA HAVE APPARANTLY LOST THE LETTER/S. AS PER CONVERSATION WITH REG PATTERSON ON MORNING OF 8/1/90 ACKNOWLEDGEMENT BY THE RTA ENFORCEMENT OR LEGAL SECTION OF RECEIPT OF NOTIFICATION OF DROPPING OF OLSEN CHARGES PRIOR TO 13/7/89 WOULD RESULT IN RTA/AKA VICROADS NOT SEEKING RE-IMBURSEMENT OF COSTS INCURRED BY RTA IN THAT MATTER. GURVICH - Yes. (2) 329 CROSS EXAMINATION OF DAVID ROBBY CONTINUES (2) 331 HOSER - I put it to you they lost the file deliberately. GURVICH - Put it differently. HOSER - Mister Robby, I put it to you that you deliberately lost the file. ROBBY - That's not true. THEN WHERE IS IT? HOSER - I put it to you that you've lost the file because you know it might incriminate your case to not have the case heard. ROBBY - The file... HOSER - I missed that last statement. ROBBY - I make no further comment. The file would be helpful to the defence of this matter, but it cannot be found despite er, considerable searches and time. FILE LOST AS IT WAS PRESUMABLY THE FILE WHICH CONTAINED HOSER'S CORRESPONDENCE IN RELATION TO DROPPING CHARGES AGAINST OLSEN HOSER - A bit like, er, well, yes minister. GURVICH - Is that a statement or a comment. HOSER - Sorry, sorry, your worship. HOSER - You stated, you've made, er, you made some phone calls prior to this case to my brother in England. AS PER EVIDENCE GIVEN BY ROBBY IN SEEKING COSTS IN THE FIRST CASE - $240 IN THAT CASE. FAX FROM MY BROTHER INDICATED A COSTING OF THE CALLS WAS IN ACTUAL FACT SUBSTANTIALLY LESS ROBBY - I made enquiries about your brother in England whose a barrister and whose name you've been using. HOSER - I put it to you that you also threatened to kill my father. FATHER'S FLAT HAD BEEN "RAIDED" BY POLICE ON INSTRUCTION OF RTA IN VICTORIA. MATERIAL WAS TAKEN FROM FLAT WITHOUT A WARRENT OR SIMILAR AUTHORITY. FATHER WAS SUBSEQUENTLY ADMITTED TO HOSPITAL WITH A HEART ATTACK. GURVICH - Don't answer DEMONSTRABLE BIAS BY GURVICH HOSER - I have a fax here from my brother which might be useful evidence. GURVICH - ... Unless the other side agree to it. Show it, to, show him. he might agree, he might not. GURVICH - ...evidence... HOSER - Are you aware Mister Robby, that in the police charges that were a matter of question, Mister Olsen and his offsider, Peter Schofield represented Police at the first hearing, both Roads Corporation officers. GURVICH - No. HOSER - No further questions. END OF DAVID ROBBY'S EVIDENCE AND CROSS EXAMINATION . MUMBLING. (2) 362 (2) 331 HOSER - I put it to you they lost the file deliberately. GURVICH - Put it differently. HOSER - Mister Robby, I put it to you that you deliberately lost the file. ROBBY - That's not true. THEN WHERE IS IT? HOSER - I put it to you that you've lost the file because you know it might incriminate your case to not have the case heard. ROBBY - The file... HOSER - I missed that last statement. ROBBY - I make no further comment. The file would be helpful to the defence of this matter, but it cannot be found despite er, considerable searches and time. FILE LOST AS IT WAS PRESUMABLY THE FILE WHICH CONTAINED HOSER'S CORRESPONDENCE IN RELATION TO DROPPING CHARGES AGAINST OLSEN HOSER - A bit like, er, well, yes minister. GURVICH - Is that a statement or a comment. HOSER - Sorry, sorry, your worship. HOSER - You stated, you've made, er, you made some phone calls prior to this case to my brother in England. AS PER EVIDENCE GIVEN BY ROBBY IN SEEKING COSTS IN THE FIRST CASE - $240 IN THAT CASE. FAX FROM MY BROTHER INDICATED A COSTING OF THE CALLS WAS IN ACTUAL FACT SUBSTANTIALLY LESS ROBBY - I made enquiries about your brother in England whose a barrister and whose name you've been using. HOSER - I put it to you that you also threatened to kill my father. FATHER'S FLAT HAD BEEN "RAIDED" BY POLICE ON INSTRUCTION OF RTA IN VICTORIA. MATERIAL WAS TAKEN FROM FLAT WITHOUT A WARRENT OR SIMILAR AUTHORITY. FATHER WAS SUBSEQUENTLY ADMITTED TO HOSPITAL WITH A HEART ATTACK. GURVICH - Don't answer DEMONSTRABLE BIAS BY GURVICH HOSER - I have a fax here from my brother which might be useful evidence. GURVICH - ... Unless the other side agree to it. Show it, to, show him. he might agree, he might not. GURVICH - ...evidence... HOSER - Are you aware Mister Robby, that in the police charges that were a matter of question, Mister Olsen and his offsider, Peter Schofield represented Police at the first hearing, both Roads Corporation officers. GURVICH - No. HOSER - No further questions. END OF DAVID ROBBY'S EVIDENCE AND CROSS EXAMINATION . MUMBLING. (2) 362 RAYMOND TERRENCE HOSER 41 VILLAGE AVENUE DONCASTER VICTORIA 3108 AUSTRALIA PHONE: (03) 857-4491 MOBILE (018) 588-699 FAX: (03) 857-4664 SEQUENCE OF EVENTS ON 30-1-92 (PM) Hoser (Taxi driver) drove into Park Street, St. Kilda, from Fitzroy Street, when he was waved at by one of two people seated in a tram shelter in Park Street, near Fitzroy Street. Hoser stopped his taxi in the middle of the lane and the man approached Hoser's taxi. Hoser undid his seatbelt and leant across to open the door. The man told Hoser he wasn't after a taxi and that he'd only waved to be friendly. At this point a police van pulled up behind Hoser and started Tooting Hoser as his taxi was blocking the passage of the van along the roadway. Hoser pulled his seatbelt back on and drove foreward to allow the police van to pass. The van pulled behind Hoser instead of passing and the officers then got out of the van and told Hoser that they were booking him for not wearing a seatbelt. Hoser protested this. The two people who had been seated in the shelter approached Hoser and offered their names and address and phone number to go as witnesses on Hoser's behalf. The police van had a defective (not-working) rear light. A week earlier, the Police officer, Patterson had refused to attend a Hit-run accident by Hoser when asked to by Hoser, even though Hoser had followed (to resting place) the offending car. Witnesses names and address was H and I VINEN, 9/23 PARK STREET, St. Kilda, VIC, 3182, Phone: 534-6061 KEY POINTS: Hoser was wearing seatbelt when he stopped in Park Street. Hoser put belt back on again BEFORE he drove foreward from speaking to people at shelter. CONVERSATION IN EARLY HOURS OF SATURDAY 30TH SEPTEMBER, 1989. RH = RAYMOND HOSER (AKA PHILIP HOSER) SB = SALLY BAKER M = MALE PASSENGER OF = OTHER FEMALE PASSENGER (FARES ON BOARD WERE TWO GIRLS AND TWO GUYS, THE MALES BEING TWO SEPARATE FARES, THE GIRLS AS ONE). Mumbling RH Sorry, what was, what was, so ah, that street, SB ... street RH What was that you said. You said Phillipa O'Shannessy always jumps and runs. SB Yes RH How do you know it. SB Cause I know it. RH How do you know it? SB How do I know. Because she told me. M Good friend. RH She told you she always jumps and runs. SB Yes RH Why ah, and what, she's a friend of your brother's. SB Yes. RH And what's your name? SB My name's Sally RH Sally who? M O'Shannessy. (Joking), SB Mumbling. RH I'm just curious, (Laughing in cab) cause next time, next, cause I'll be seeing. SB ...the gentleman right now...(Laughing in cab)..mumbling by females RH ... Oh right, no, I'm just curious, cause I'll probably bump into her again, and I can say I met you. M Which pole, this pole or that pole (cab being directed to stop). SB Just say David Baker RH David Baker, what your Sally Baker? SB Yeh. RH Oh right, O.K... giggling OF Bye, bye Sal SB All right, RH All right, you've given her the money, haven't you. OF She gave me ten dollars RH Oh gees, I thought it was about a hundred dollars she gave ya. OF No I'm going to keep that to myself RH So what she, what has she told you about her jumping and running episodes. Anything exciting? SB ...She got drunk. Very drunk. RH What all the time, or every time? SB Yeh..giggling. All the time. RH Oh right. Mumbling OF No, we, a friend invited me here and our brother's playing in a band playing Richmond (Other conversation, with other male in cab). SB Oh you know, that's right I'm going. OF Yeh, Okay, see ya. Thanks a lot Sal. M See ya Sal RH See you later Sally OF and and the the total scumbags. (Re other conversation). RH Alright now we can go, You don't know Phillipa O'Shannessy though do you? OF Me? RH Yeh OF Um, I've probably met her RH Real scraggy, real scraggly looking, lives in Kennealy road. Mumbling in cab M Yeh but she jumped you, so you don't know where she went, she ran three blocks (joking) RH Mumbling OF Where did she jump you? RH But I'll have to give her. I will give her credit where it's due. She's probably the best jumper and runner I've ever come across. M Really, what about jumping cabs? RH Yeh that too. Tape break/stop RH Tape recorded in the early hours of er, the 30th of the ninth, eighty nine as in the Saturday morning ah, Friday night shift, er, girl by the name of Sally Baker I picked up knew O'Shannessy and er I haven't transcribed the tape yet, but among the conversation was, was that she gets drunk all the time, she jumps and runs all the time, and she boasts to her friends about it. (END OF TAPE RECORDING ON THIS DATE) TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) JOHN W. PERRY (RTA), MR. MOREHEAD (RTA), HOSER'S TAXI PASSENGER, (WHO WROTE HIS NAME ON A CABCHARGE DOCKET AS PHILIP CHAPMAN, 1/12 JAMES STREET, MANLY, N.S.W. 948-8564, PASSENGER IN CAB 30/11/88) TRANSCRIPT IS DATED 30/11/88 AT ABOUT 7 PM. MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. TRANSCRIPT WAS AT MELBOURNE'S TULLAMARINE AIRPORT, AND STARTS AFTER PERRY INTERFERES WITH HOSER MULTIPLE HIRING WITH A REDUCED FARE PASSENGER ADJACENT TO THE ANSETT AIRLINES TERMINAL, AT THE SKYBUS STAND. KEY. C = HOSER'S TAXI FARE, PHILIP CHAPMAN. H = HOSER (TAXI DRIVER) MOR = MOREHEAD (RTA) P = PERRY (RTA) PA = PEDESTRIAN AT AUSTRALIAN AIRLINES TERMINAL PAUL = TAXI DRIVER WITH THE CHRISTIAN NAME PAUL SF = FEMALE SKYBUS PASSENGER SM = MALE SKYBUS PASSENGER T1 = UNIDENTIFIED TAXI DRIVER NEAR ANSETT AIRLINES TERMINAL TRANSCRIPT STARTS NOW H - All right, do you know the regulations of multiple hiring? P - Fine, just give us your Dee Cee. Right H - Yeh, hold it, hold it. We're allowed to... P - TALKING OVER I want your Dee Cee and your driver's licence, now! H - Do you know the regulations of multiple hiring. P - Listen, H - Could you just wait a minute DIRECTED AT SOMEONE ELSE P - Your Dee Cee and driver's licence. P - Sir, I'll ask you once more, you'll be reported. H - Yeh, I'm gonna give you that. P - If you fail to, give me it now H - It's in the boot, P - Right now H - It's in the boot P - Mumbling HOSER HAD BEEN WALKING AWAY FROM PERRY AND TOWARDS THE BOOT OF THE TAXI TO GET HIS LICENCE, AND THEN HAD RUMMAGED THROUGH HIS BAGGAGE (A GREEN BAG) TO FIND IT. H - Now sir, I'm getting my Dee Cee, P - Right, H - Can you please tell me what the regulations of multiple hiring are? P - I'll talk to you when you finish your passenger, right. H - No, no, my passenger's staying, he's a witness, Okay. Now, if you want to be difficult with me, look, I don't want to be difficult to you, these people are waiting for a bus, I'm doing them a favour. Do you object to that? P - You have just touted right. H - Well multiple hiring allows one to get out and them where their going, do you understand that? P - TALKING OVER AND SHOUTING Okay, Park your vehicle down there, drop your passenger. H - You don't have to raise your voice, you don't have to raise your voice. P - Right, give, give us your Dee Cee cause I've asked you twice. H - Hold it there, H - Do you, do you understand the regulations of multiple hiring? Do you understand the regulations of multiple hiring? P - Don't ask me. I'm asking, your reported for not producing your driver's licences. H - I have it in here, I can only do one thing at a time, you have to understand that. Here is my driver's licence and my Dee Cee and all that. P - Where are you dropping your passenger off? H - I'm dropping him down the road. P - Right where? H - At the other terminal. P - Right, you go and drop him there... H - No, no, he doesn't mind, he doesn't mind staying here for a few minutes because he, he has to meet somebody. P - Well you ask him that. H - I have already asked him that. P - All right, all right, P - Let's have a look at that. Just wait there. H - Do you, could you please just wait around for a minute, that guy's just looking for trouble. PAUSE He's just a Road Traffic Authority guy and er, he's C - MUMBLING H - Oh, no, no, could you please stick around for a few minutes, because ah, I want you as a witness I asked for your permission to ask these people, ah because he's just looking for trouble basically. P - Just wait there DIRECTED AT PERSON WAITING AT SKYBUS STAND WHO WANTED TO GET INTO THE TAXI H - MUMBLING P - MUMBLING ...asked you if you wanted a cab or not. SM - We were waiting for the skybus H - They were waiting for the skybus, I asked ... P - And you stopped here and asked if he wanted to, try to get a multiple hiring in the cab. H - No, I offered to take them to the city for the same price as the bus. P - The taxi driver's pulled up, here's these people waiting for a bus. He's asked them if he wants, er,if he wanted a cab. H - Is this man a Road Traffic Authority man. P - He certainly is. Come down there. Finish your passengers H - No hold it, hold it, hold it, can you explain to me the regulations of multiple hiring. P - I will down the road, right. H - Come on, hold it, hold it, hold it,no, here with these present, with this man present. We can do this here. We, if you to, if you want to do it here, this man doesn't mind, you don't mind waiting for five or ten minutes just here, while he goes,... C - For five, all right. H - Yep, no worries, he doesn't mind waiting here for five minutes while you go through it. P - Well what's this gent got to do with it? H - Because he's in this taxi and he gave me concent to pick up these people, that's where he comes into the picture. Now, er, P - Just drop your passenger off will you please, H - He doesn't mind waiting five minutes. P - And then we'll discuss the matter down the road, right! H - Hold it, hold it, hold it there, MOR - Just load it up and let him go, with this one O.K. H - What are you going to write out? MOR- Touting H - You can't book me for touting if he gives concent, can you sir. MOR - You've just gone up and asked him. H - I pulled in the taxi and he gave concent. now the regulations of multiple hiring says, that if you have the concent of the person, your allowed to ask other passengers if their going in the same direction. Is that correct or not? MOR- Yeh, that's correct. H - Right, Thank you. MOR - But not here. H - Why MOR - Not in the skybus P - Hey listen, that means you pick up togeather, right, you don't stop all the way down the road picking up who you like. H - I haven't stopped all down the road. P - Well he's not been here, you've brought him in from town, haven't you? H - Sorry? MOR - Where, where did you pick this guy up? H - I picked up this man elsewhere. P - Where? H - In the city. P - Where in the city? H - In the city is, that's good enough. P - No it's not. MOR - Yes H - Now I'm going to take his name and details, be, as a witness, because you can't suddenly say I'm not allowed to multiple hire. There's a er you can't that's a no no. Could I please have your names please? P - You certainly can in a moment. H - Are you trying to stop multiple hiring or not? MOR - Multiple hiring is, isn't driving around and topping up as you go along. It's all from one area. H - It is, it's here, this is the only place I'm multiple hiring from is here, Tullamarine Airport, MOR - Yes H - I haven't multiple hired anywhere else have I? PAUSE Have I? MOR - No, but your already on your way, your already on your way. Come to court and explain to the magistrate, I'm sure he'll give you a listen, he'll listen to you. H - And your sure he'll let me off, because you can't suddenly ... P - I am not sure he'll let you off, you've committed an offence, all right. H - What was the offence? Asking these people ... MOR - Touting it's called, yes, P - Yeh, touting H - Well I'm going to take these people and you can um, ah, P - You're not going to take them anywhere right. H - Are you going to phy, use force to prevent them from getting into the taxi. P - I'm going to ask them to get the H - Excuse me ... would you have any objections to getting in this taxi after this man finishes with me? SF - No. H - Thank you. SF - I am going. H - Well you can put your things in the taxi, and if this man uses any force to stop you getting into the taxi, um we can then charge him with assault. SM - I don't want to get involved with anything like this, you've got your problems with him, there's a whole row of taxis here, that's going to be convinient for me and that's fine, but if there's a problem? H - No worries SM - No problem. H - Well it would have cost you, you would have saved yourself about half a fare, that's all. Ah, it's just this man's being obnoxious and he's he basically doesn't like to see someone earn a living. Um, but if you want to put your things in, in the boot of cab, if he uses any physical force to stop you from getting in there, I'll make sure he gets charged with assault. MOR - LAUGHTER H - Are you going to use any physical force to prevent him from getting into the taxi sir? P - I don't know who you think you are mate? H - I am a law abiding taxi driver, and I object to being harassed by someone who doesn't like to see a taxi driver multiple hiring. P - I want you to drop your veh, passenger off and I'll going, H - No you can explain to me now, P - Listen, right, drop your passenger off because I want to conduct an inspection of your vehicle. H - You can do that here and now. P - I want to do it after you've finished with your passenger. H - No, now, now, P - Get down the road will you. H - No you can do it now, if you can walk around quickly with a torch I'm sure it's a roadworthy car. P - Down the road right. Quick smart. Come on. MOR - This your taxi? €SRP8 H - No, I drive the taxi, but if you want to have to walk around, just check it for tyres and things, P - Get your passenger to where he's going, otherwise I'm booking you for not doing as your passenger wants, all right. H - Well can I please have my licence. So I know your not going to run away with it. P - When your finished down the road, all right. H - Excuse me, your being very arrogant here. P - ... come on, off you go. H - Can I please just have my licence, so I'll drive, you can get in the taxi if you want, I will drive you up. I just don't want to loose, don't want you to walk off with my licence. P - I wouldn't drive with you in your cab for a million pounds, now get H - All right, are you saying I'm a bad driver now? P - Listen, H - You, could you please repeat that statement. P - Certainly. I said I'm not getting in the cab with you driving all right. H - For a million pounds P - It doesn't matter. H - Can I please have my licence sir. P - Just do as your told right. H - You've got no you, your allowed to write down the details. Your not allowed to hold a licence for an indefinite period of time. P - All right, I'm booking you for several offences, one is, is your general attitude here right. H - What's my attitude? P - Because the, one of the regulations in being a taxi is that you conduct yourself in a reasonable manner. H - A civil manner, you haven't been civil to me. I've been civil to you at all times sir. P - You are certainly not being civil. I, I don't consider your dress suitable with cut off arms and your shirt. Right. H - Well I'm sorry the shirt is definitely regulation, you can't start having me for this. P - MUMBLING Right. H - You want to book me for having sand shoes, P - Right. H - I'm sorry it is regulation. P - MUMBLING H - Now um, I don't you can ah start um doing things like that. P - We can't, well we'll see won't we. H - Look if you want to start throwing the book at me and getting me for all these little trivial offences that don't exist, thank you. P - Stop your cab down the road, drop him off, and stay there because I wanna, I want to inspect it Okay. H - You want to inspect the taxi? P - I understand that right. H - And is there anything else you want to do? HOSER GETS INTO THE TAXI H - He's not within his rights. Okay here we go. HOSER DRIVES TAXI FROM OUTSIDE ANSETT TERMINAL TO OUTSIDE THE AUSTRALIAN AIRLINES TERMINAL AND STOPS THERE WITH HIS PASSENGER. H - Yeh, basically the regulation of multiple hiring is, that if the first person doesn't object, you can pick up other fares. C - Yeh H - And, ah, what he's trying to do is just stop me, um this is the arrivals C - This is perfect ... H - Could I please do a huge favour, just give your name and address, just in case he wants to be difficult. He's not likely to C - Yeh H - Because, I've got a tape recorder here, SHOWING THE PASSENGER THE NATIONAL RNZ-36 TAPE RECORDER SINCE STOLEN BY POLICE ON 21/5/89 and I've now taped every word he said, and er, you heard me you heard me ask him the questions about multiple hiring, there you go MUMBLING and I appreciate all your patience and everything, C - Okay, H - Um, do you need a receipt or something, H - Oh no, don't worry about this the ... H - If you can just write down your details, just your name and number, and the address would help, C - Yeh H - Yeh H - Because the regulation of multiple hiring is quite clear, you know, your allowed to pick up other fares. C - I know H - And er, he says I was touting, but there is no to ask other people where your going unless you actually get out and ask. C - Yes, that's true H - So, can't have that. H - Yes sir? MAN STANDING OUTSIDE TAXI DRIVER'S DOOR, UNKNOWN TO HOSER PA - Could I have a couple of your um, receipt cards there. H - Ah, who are you with? PA - Whom am I with? H - Yeh. PA - I'm not with anybody. I need one. H - Oh, your, your, you, you you just need some receipts or something. PA - Or two, yes, H - Oh, PA - Just a card'll do. H - I'll give you some of them, just as soon as he finishes writing, one, one sec. PA - MUMBLING H - Oh, It's just I've been harassed up the other end by these PA - Ooh, bloody hell, what a shit week, H - these er, er Road Traffic Authority people, PA - Yeh H - And er, I thought you might have been one of them trying PA - No, no, no H -trying to er, ah, be difficult C - MUMBLING H - Oh, fantastic, thank you very much C - My pleasure H - Oh, you've got no luggage have you. C - No, ... H - All the best, hopefully you won't hear from me, if you do, I'll be in touch. Thanks a lot. C - Bye H - Yep, oh, right, hold it there, PA - Yep, that's two of them, your a ..., yeh good on ya, PA - Thanks H - All the best, have a good time. HOSER NOW DRIVES OFF FROM THE TAXI RANK AND IT TOOK ABOUT EIGHTY SECONDS FOR HOSER TO DRIVE FROM THE AUSTRALIAN AIRLINES TAXI RANK TO THE ANSETT RANK, BY DRIVING AROUND THE BLOCK, DURING WHICH TIME HE RECORDS ON THE TAPE THE TIME AND DATE OF THE TAPING AS FOLLOWS BEFORE ARRIVING AT THE ANSETT RANK, AND THE TRANSCRIPT CONTINUING WITH OTHER PEOPLE H - Time is er, seven-o-six now, as I speak, so I presume, er, I first came across the Road Traffic man just before seven, er, the date is the thirtieth, er Wednesday, November thirtieth, and I've driven around the block at the airport looking for these Road Traffic men, and as your aware, they haven't given me any er indication as to their identity is. HOSER BIPS HIS HORN TO ATTRACT THE ATTENTION OF A TAXI DRIVER OUTSIDE THE ANSETT TERMINAL H - Where have those Road Traffic Blokes gone? PAUL - I don't know, down there POINTING TOWARDS THE AUSTRALIAN AIRLINES TAXI RANK AND TERMINAL T1 - Down there mate, straight up, T1 - Excuse me, H - Where? T1 - You see down there, they standing in front there, that car there. H - No worries. T1 - Mumbling HOSER DRIVES ON TOWARDS THE AUSTRALIAN AIRLINES TERMINAL H - I didn't see them, I have still been unable to find them, am driving around the block, again. HOSER DRIVES AROUND THE BLOCK AGAIN H - And I hope I find them soon, 'cause my tape is running out probably ANOTHER MINUTE OR TWO IS TAKEN UP AS HOSER DRIVES AROUND THE BLOCK AGAIN P - Hey! H - Oh PERRY HAS CALLED OUT TO HOSER AS HE HAD WALKED AND WAS STILL WALKING NEAR THE AUSTRALIAN AIRLINES TERMINAL, SO HOSER DROVE ON TO THE NEAREST LEGAL PARKING SPOT AND GOT OUT OF HIS TAXI AND SPOKE TO PERRY H - Now sir, as you can see I've parked my taxi here because it's a legal spot. P - All right H - As your so intent it seems to make life hard, so I've gotta park in a legal position PERRY LEANS INTO THE DOOR OF THE TAXI AND TRIES TO PULL OFF THE TARRIF LIGHT INDICATOR ON THE DASH BOARD P - Why isn't that fixed to the dashboard. H - It is fixed to the dashboard, it's fixed by the cord. P - MUMBLING H - And if you pick it up and break it, um, I'll have you for malicious damage to the taxi. So if I was you I'd watch your step as much as I should be watching mine. P - All right, MOVING BACK OUT OF THE TAXI TO CONTINUE TALKING I've got people like you ... H - Look I'm trying to be reasonable, and your certainly not being reasonable to me. P - Your not being reasonable to all the other taxi drivers using this rank are you. H - Why? P - Because your picking up, when you sh, your not bothering to go through the rank like everyone else. You want to short cut the system. H - They weren't waiting for a taxi sir, they were waiting for the bus, now you are as where, as aware as I am P - Touting is not allowed, allright, listen SIMULTANEOUS TO FOLLOWING SENTANCE BY HOSER H - There are signs there that allow us to take people waiting for the bus, are you aware of those signs? P - You were touting, and your not talking to 'em, Okay. H - I had the concent, I had the concent of the passenger to ask those people. That is called multiple hiring! P - It is not called multiple hiring at all. H - Well will you tell me all about multiple hiring, so we don't have this problem in future. P - Right, I will tell you. On certain occasions taxi drivers are allowed to multiple hire. H - Does that include at the airport? P - At the airport, there is a special regulations, where three people may get in a cab for five dollars a head, minimum of three people and going to the city. H - No other multiple hiring at the airport? P - No H - What about three quarter fare for multiple hiring? Does that come into the picture? P - No, I'm telling you what, I'm telling you what the story is. €SRP15 H - Okay, P - Right P - And on other special days like racecourses and when Authority officers give you permission. We can give you permission to multiple hire if, H - Now P - If the situation at the time, if there's a lot of people waiting for cabs, we can come along and authorise multiple hiring right. H - Now if for example, hypothetically speaking, I come out here P - You're not allowed to stop en-route with a passenger and say, can I pick these people up, bla, bla, bla, and start multiple hiring. That is not multiple hiring. H - Why not? Why is that not multiple hiring? P - Because, H - Can you explain why ... P - Because your touting. You stop and you ask them if they want a taxi. And that is touting. Right. H - Now can you explain to me, if there's, you've just said if we, if you authorise us to multiple hire, you, you haven't explained the difference between touting and multiple hiring. MOR - Right, multiple hiring you pick up all from one area, right H - Right, and the only place I picked up from is here right. P - And they all get in togeather, MOR - No but he's already come from the air, your only, your only on a journey from, your, your in mid journey. H - Is there any regulation P - TALKING OVER In fact your at the end of your journey. H - That says you must multiple, is there any, any regulation some, anywhere, that says you can only, only multiple hire, at one spot. P - Yes. MOR - 'cause there's the licence conditions. MOR - Part of the licence conditions H - Yeh now, if I've only mult... P - But you haven't H - I have only multiple hired from one spot and that's here. P - Have you read the licence conditions with this vehicle? MOR - Yeh but your meant, you've gotta be at the P - TALKING OVER You've read 'em. MOR - Commencement of one journey, and i, it's not at the commencement of one journey, ' cause your half way, well in fact you've nearly completely, H - Yes, the commencement of their journey MOR - Your journey from the city. H - I think you're being a bit nit picking there, MOR - No, no, it's the commencement from ... H - Now MOR - We get many more ... H - Okay, let's, let's, hold it now, MOR - Complaining about the touting ... H - If I want to multiple hire, if I want to to, if I want to multiple hire, say, there's a hundred people waiting on a rank for a taxi, I walk up and I say, excuse me sir, I have the first person in the taxi who, who has no objection to me multiple hiring, I walk up to the next person and say, P - Your not allowed to, it's got to be volunteered by other people. H - In other words, P - Right H - Your not allowed to even physically, not allowed to physically P - You are not, no H - Get out of your taxi and ask people where their going. P - Right. Your not physi, your not allowed to come up and say anyone want a taxi. That is touting, all right. Now if two people come up and someone else comes up and says any room for me, H - So if I physically, I'm not allowed to leave the taxi, is that correct? P - No your allowed to leave the taxi, and I said you are not allowed to ask people if they want a taxi. All right, now that's touting. H - Now what happens, what happens if I simply walk along a line of people and a person says I'm going to so and so. P - It's no use trying to get technical with me. H - No, 'cause your getting technical with me. P - You have stopped, H - That's why P - At a person on a bus stop. Right. H - Your the one whose trying to, your the one whose trying to hit me for all these different so-called breaches of the law, and I'm trying to operate within the law. P - Your not H - Now P - Operating within the law, H - I don't drive for charity, P - Had you been operating within the law, you'd have dropped your passenger off instead of putting him out and making him wait for ten minutes. H - He had no objections at all, P - Right, H - And, and he said a couple of things about you which probably would not be too nice. P - Okay, I don't H - Now, er P - Thats's irrelevant what he says about me. Right. H - Why is it irrelevant? H - He was a party to the conversation. P - I never even spoke to him. H - He was all, he was sitting there, P - Oh Well H - He was involved, he was the one that authorised me to go and ask those people, he's a party to it all. P - Well I hope he's willing to come to court. H - He said he would be P - All right P - Well ... H - Don't you think, don't you think, in this one you are going a bit too far? MOR - No, no, we get, look, this is a major, do up your fly too. H - Sorry? MOR - Do up your fly as well LAUGHING MOR - They a, we get a lot of complaints and a lot of ... H - Those two people had no complaints, listen, MOR - No, I'm not saying they had compained, I'm just, they just don't know what's going on, obviously. But I'm just talking about the Skybus, you can't do it like that, you can't do it in mid journey, it's all got to be from one area. Okay, and it's got to be at the commencement of the journey. H - It was, that was the only place I multiple hired. MOR - Yeh, but it's not from one, you've already a one passenger in and he came from a different area, so it's not one area, that's what I'm saying. H - How do you define one area? Does it have to be this square inch, or does it have to be the whole of Melbourne? P - From the very starting, from a postion A, where your vehicle is Parked. H - Does that, does that, now, Okay, another thing, MOR - The city and Tullamarine are not the same. H - Now hold it, hold it, hold it, let's get one thing straight. Now, if there's one person standing here, and one person standing there and then I pick them up as a multiple hiring is that legal? P - Your not allowed to multiple hire just like that, all right. H - You have to explain multiple hiring again. P - There's cert, well, there's certain conditions that have to happen before you can multiple hire, right. P - There are certain places like racecourses, right, that you can multiple hire from, all right, other than that, you can't multiple hire, right, unless two people come to you togeather and say we want a taxi, I'm going so far, and my friend's going so far. Then you can multiple hire. H - But their friends, their friends, their one fare. P - It doesn't matter. H - You, do you know the differentiation between one fare and one person? P - As long as your approached by two or three people, all right, that is one thing. But for you to go round touting, stopping on route to try and pick, pick up other passengers, H - Well I'm sorry, I, I, I am P - You are touting whether they've given you permission or not. H - I have records of a conversation P - All right, H - Here with a Road Traffic Authority officer, P - Right, H - Who stated quite clearly that if my first passenger concented to me multiple hiring, I could go and walk the line of the rank and ask people where they were going. P - You can't ask. H - A Road Traffic Authority, a Road Traffic Authority officer P - Well H - In these grounds, P - Well he is wrong, H - Said it to me and that conversation can be documented. P - Well, I can, all right, P - Now you find out what his name is, because he's told you wrong, all right H - I know who the officer is. P - The only thing is, an officer can come along to you and authorise it if he sees a situation where there's a lot of people, and there's only one or two ... H - The impression I get, the impression I get here is that you don't like to see a taxi driver earn a good honest living, that's the impression I get. P - Well the impression is, that we've got so many complaints about taxi drivers out here, H - And so you've decided to victimise the odd one or two. P - Yes, why, that's why we're here, because people have complained about being approached by taxi driver's touting, just like you have to them, a couple of Americans have arrived in the country, and you'll, you've created a situation with them. H - They were off a domestic flight, I would say, P - Well it doesn't matter, H - Gathering, from where they were standing P - They were Americans aren't they. H - Is there any law, P - All right, H - Against them being Americans? P - Course not, but their H - Thank you P - obviously here to have a look at the country, hopefully, and you've ... H - Now, no, no, if a tax, if a taxi driver offers them a cut price trip to the city, to save time, they wanted to go to a different address, P - Exactly and that's what you did, and ah, H - They, and is there any law against someone wanting to save a bit of time and a bit of money. Is there any law against that? €SRP22 P - Listen, your not, H - You haven't answered that. Is there a law against two people wanting, MOR - There is a law against it P - There is, yes, H - There is a law against them. MOR - Touting H - No, them, them, MOR - Oh, not for them, no, but I'm talking about, H - Why should they complain? P - Because your a licenced vehicle, and you have to operate under certian conditions of your licence, right. H - Right, now, if that passenger here concents to me multiple hiring, I am allowed to do it. Now, P - You are not allowed to do it just like that, no matter what the passenger s, your the driver, your responsible for obeying the regulations, not the passenger, H - I am understanding, P - Right, H - However, one of the regulations is, is you are, you are allowed, P - Now listen, you may receive a traffic infringement in the post. H - What for? MOR - For touting, P - Touting, all right, H - I may. What does that mean? I may or may not? P - Well you will, you will, MOR - Yes P - Right, there'll be a fourty dollar on the spot fine, right, H - And if I choose to take it to court? P - Then you don't pay it. MOR - You don't pay, and in due course it'll, P - And in due course it'll go to court, all right. H - Now could you please give me your names, P - Yes, most certainly, I'll tell you now, my name name's Perry, Pee - ee - double - r - why, MOR - If you don't want to pay just leave it, P - And it'll also be on the, on the traffic infringement notice that you, all right, MOR - If you, H - Jay AS IN 'J' Perry, P - Yep, H - Regulation, P - All right? H - Whose this Smith there, MOR - Chairman of the board. H - And what was your name sir? MOR - Morehead H - Is it. P - MUMBLING MOR - You don't want to show me ID? I think that's a matter of courtesy. Thank you, you know, like er, P - Not the way you treated me up there. H - I haven't treated you badly at all. Your the one who treated me badly. I was merely doing my job. I was helping tourists, I was helping this man. MOR - And touting, P - You weren't helping him, MOR - The way, the way you've done it is not, you can't tout that way Okay, and that's the problem. H - You, you use the word touting, you keep using the word touting. However, P - The wording means, getting up and asking someone if they want a taxi. H - However, your own regulations it seems, seem to conflict, because multiple hiring cannot be done without touting, it's physically impossible. P - Course it can H - It can't P - I've just told you, there is two people come up to you and said, look we're going to the same, H - That's not multiple, that's not multiple hiring because they are the two people, P - Course it is, H - I'm sorry, people. Multiple hiring is two separate fares. ... P - No it's not, no it's not two separate fares. H - Can you just differentiate to me the difference between passenger and fare. Do you know the difference? PAUSE Can you define to me the difference between passenger and fare, because this is a major problem we have here. Can you please tell me the difference, or are you not going to. H - Because if you don't your putting yourself in a ... P - Well everyone that you, every passenger you take in your car and pays the fare, is in fact a fare paying passenger, and is called a fare, right. H - So if there's two people going to the same place, MOR - Yeh, H - Who are togeather, and both of them pay me, P - They are one fare, H - There is ten dollars on the meter, and they both pay me five dollars, that's one fare. MOR - Yeh, H - Now, two people on the rank who go the same way get into the taxi togeather, I can only charge them as one. P - Er, sorry, whaddya say. H - By definition, multiple hiring is taking different fares going the same direction. Multiple hiring, P - Yes, but there your dropping them at different places H - Multiple hiring, all right, SIMULTANEOUS TO PERRY ABOVE AND BELOW P - And you can only charge seventy five percent of a metered fare, is that correct or not? H - Seventy five percent of what's on the meter. P - Yeh H - In other words, when you get to the final destination you charge the given fare, say, say there's two fares, P - Yeh H - One going to the city, one going to Toorak, I drop the first one off in the city, I have twenty dollars on the meter, I charge him fifteen. Say if one goes to Toorak, I have, P - Thirty dollars on the meter, H - Thirty dollars on the meter, P - Charge him seventy five percent. H - Seventy five percent of that. H - Now, then, say I take a fourth one to Hawthorn, and I have fourty dollars on the meter, I charge him seventy five percent of that, which is thirty dollars. Is that right? P - Right. H - Okay, seventy five percent, what each, fare pays seventy five of, P - Every time you drop off you pay seventy, he pays seventy five percent. H - Regardless of where of where you've been in the meanwhile. P - Provided you've done the most direct route to the each passenger off. H - What if you haven't P - Well if they complain about it, MOR - The conditions of licence are that you'll go by the most direct route available. H - Most practicable route, P - Most direct route, MOR - Most direct H - Most direct. MOR - By saying practicable, obviously is if there's a er H - SIMULTANEOUS WITH MOREHEAD ABOVE AND BELOW I'll give you an example, going from here to the city MOR - at the ... a road works, where you can't go through H - From here to the city the most direct route is down Mount Alexander Road. You go down the Tullamarine Freeway as a matter of course. What's the situation there? Is that the most practicable or the most direct? MOR - You go the most direct. P - MUMBLING H - Does that mean that every taxi driver is in breach of the regulations, every time he drives down the Tullamarine Freeway. P - No, because, no, because going down the freeway from here is, could be determined the most direct route if it's quicker. H - Direct, do you mean direct in terms of distance, or direct in terms of time? P - Well, we're not arguing about that. H - I am. P - Mmm, H - The reason why I'm arguing is because I want to clarify all these points, so you don't start jumping out from behind bushes again and start and harass me for doing my job Okay. P - Listen, H - Well I want to clear it all up now, all these little problems, P - Right, P - The main thing is, you are not allowed to stop, MOR - If you have done something wrong, you're not being harassed. H - I regard it as being harassment, because I was looking after those people, MOR - No, no, no, your only harassed H - They wanted to go, they wanted to go to another address on Royal Parade, and I was to take them there, which was better service than than the bus would have given them, MOR - Yeh, but the bus, the, they pay, they you don't pay anything to be here, they pay about ten thousand dollars per year for these drives, and their, their complaining about many people including the airport people themselves that this is happening, all right. H - But yet you have signs up which are specifically designed here for the bus people. MOR - Yeh H - Now how can you have signs here specifically, and then, and then, another thing, another thing, touting, that sign, do you want to just come here with me and just have a look at this sign. Can you please just come here, I want to show you this sign, because I've got a que, big question about the sign. REFERRING TO SIGN THAT ALLOWS TAXI DRIVERS TO TAKE SKYBUS PASSENGERS AS APPROVED BY THE RTA AND VTA) P - I don't wanna talk to you any more. I've had enough of you, all right, now if you mind, H - Now hold it, this is very important. That sign, P - Off you go, H - That sign, P - Just get your point over with, H - Just quickly, just quickly, no look, this, that sign, P - ... an hour ago. MOR - Yeh, go on, P - All right, H - I haven't been here for an hour, that sign, that sign has a thing there, it says, three fares, minimum five, what is it, three fares five dollars each to the city, minimum three passengers, it's up the other end. PERRY WALKS OFF MOR - Oh, sorry, yeh, ... H - Now it also says wait here. MOR - Yes, H - Okay, MOR - Yes, H - Now if they're waiting, presumably that is to be approached by the taxi driver to ask them. Would you go along with that? MOR - Well you don't have to ask them 'cause they're waiting, you know that's what their there for. €SRP29 H - So you just pick them up and put them in your cab without saying a word? MOR - Well, other than asking them where they wanted to go. H - Sorry? MOR - You'd ask them er, their destinations. H - So, Okay, they're waiting. Your allowed to ask them, your allowed to ask them where their going. MOR - Yeh. H - But isn't that touting? MOR - No, no, H - Why not? MOR - 'cause their at the area designated for it. H - So, their, their obviously waiting to go to the city, so if you get out and say, your going to the city? and they say yes, and you put them in your cab, that's not touting because there's a sign there and all that? MOR - Yeh, yeh that's a designated place. H - So although there's the signs in the grounds of the airport, that could not be called touting. MOR - There's a designated place, that's a designated place there POINTING TO SITE OF ORIGINAL INCIDENT H - Right Okay. Um, so in other words if I get out and say your going to the city? and they say yes, you put them in, you clarify the cost arrangements and so forth, you have put them in your taxi, that is not touting? MOR - Because they are already concenting to doing it. H - Their already concenting to doing it. MOR - Yeh H - Their already concenting to go in your taxi, MOR - Their, into a taxi, yes, H - A taxi, right, MOR - Because they're they're in the designated area. H - So that is not an offence then? MOR - Not when it's a designated area. Right. H - Which is here, because there's a sign saying it. MOR - No, no, where that, that specific sign is, H - Now how close to the sign do they have to be standing to be designated. Do they have to be leaning, touching the pole as I am now, or can they be standing here WALKING FURTHER FROM THE SIGN POLE or MOR - In the near vicinity H - can they be standing... in the near vicinity. MOR - Yes H - Okay, MOR - ten metres H - Now. H - Right within the near vicinity, Okay. H - Now the next question, MOR - But not at a bus stop. H - Because the signs are at the bus stop, then what are you meant to do? H - As you can see, the signs are all over the place here. MOR - Yeh, but not that specific sign. H - This specific sign is, REFERRING TO SIGN AUTHORISING TAXI DRIVERS TO TAKE SKYBUS FARES MOR - The bus stop sign? H - It's everywhere, that sign, there's about eight of them in the grounds of this airport. MOR - Yeh, yeh, but it doesn't cover the whole of Victoria. H - No, but it does cover this airport doesn't it? MOR - No, no, no, just certain parts of the airport. H - Like around here, MOR - No, just close by, that's all, H - Close by the signs, that's good enough. H - Okay, MOR - Aha, H - What were your names again? He was Perry. MOR - Morehead H - Morehead, I, I should write that down. Look, I'm not trying to be hard with you guys, MOR - Well, we're not being hard with you, H - I'm merely doing, MOR - We're just pointing out what's wrong, Okay, H - I merely doing my job, and I think that was a bit, bit low, you suddenly stopping those people from getting into the taxi, because you inconvinienced them, because they, they then have to wait for the bus which as you can see is still parked there, they would have been there by now, they would have saved time and money, because their going to catch a taxi from Franklin Street up to, to Royal Parade now, which is going to cost them another few dollars. So you, you've basically ripped off those people, and you certainly haven't made life easy for me. I just don't understand the er, MOR - The system, write to your local MP, I can't change that. It's just the way it is. H - No, no it's not, no you say it's the system, there was no, no need for you to come out here. MOR - Oh there is, yes, we get so many complaints, that's why we're here. H - But those people had no complaints did they? MOR - Not on that specific, you know, but we, we're we're worried about the other ten thousand people who complain constantly, yeh, mm H - Didn't it occur to you that perhaps maybe it's not me in particular their complaining about, it might be some other person MOR - Oh yes, H - Or taxi driver, that might be approaching them in the wrong manner. MOR - Yes, I wouldn't it was, I wouldn't say it was you specifically. H - Yeh, but it might just be the way, they approach them? MOR - Oh could well be, ... H - MUMBLING So, so my main, look, so getting back to multiple hiring, MOR - You know you can't do it that way, you must know that, that you can't do it that way, H - You can't multiple hire without asking people where their going? MOR - Not, not when you've already got s, someone from the end of th' end of the journey. If they were just starting, if that guy who'd been in the car was just starting it might have been a different matter, H - Now, Okay, MOR - but you can't it from the er, ... H - Now another thing. Multiple hiring, you say, you can multiple hire from the commencement of the journey, is that you say? MOR - Yes. H - Now where does, where does the journey commence? When the first person physically sits in the taxi, when you drive off, or when you start the meter, at what point is the journey deemed to have commenced? MOR - The journey always starts off when you, when you fire up the meter surely. H - Okay, MOR - Can't, it can't be, commenced after it, ... commenced before it. H - Now, just hypothetically I multiple hire four people in a row, not neccessarily in the grounds of the airport, could be a race meeting, wherever. MOR - Yes, H - One standing where this car is, one standing where that bus is, and one standing where that no entry sign is, and I pick 'em all up and off we go. MOR - Well, they should only be around the, the designated area. H - Within the vicinity. MOR - Yeh, H - And that's close enough though. MOR - Might be close enough for you but I'd argue that. H - You'd argue that, but what if they're standing in a rank in a linethat goes from that pole up to there, and then you multiple hire? That's a greater distance, then what? MOR - Well, I'd argue that, it's gotta be within the near vicinity of the actual, H - But how do you define the near vicinity? Is it one meter, two meters, ten meters, a hundred meters? MOR - I'd say, given the amount of people there a five meter radius. H - So, MOR - Probably less than a ten meter radius, H - The line, if the line in the taxi rank goes more than five meters, MOR - Well there's never been, there's never a line for multiple hiring well of that size. H - There's never a line more than five meters your telling me. MOR - Yeh, for multiple hiring, from the multiple hiring sign, multiple hiring at the airport. H - I mean from elsewhere, when you multiple hire and you charge them three quarters, are you telling me there's never a line longer than thr, five meters. MOR - I haven't seen one on a er, from a multiple hiring area. H - And how many years have you been a, Road Traffic Officer. MOR - Oh, a few years, H - How many? MOR - Eleven H - Eleven years. And you've never seen a line longer than five meters at a taxi rank? MOR - Multiple hiring, you keep saying, I say multiple hiring, you, your talking taxi rank. H - Well if the first person who gets in the taxi says I don't mind sharing, then your presumably allowed to multiple hire aren't you. If there's a line more than five meters, ... MOR - Well you'd have to go, you'd have to go, to the multiple hiring with him, and er, if there's anybody there then you can multiple hire, if there's nobody there you gotta keep moving. H - Right, but you have seen lines longer than five meters, MOR - At the taxi rank, H - You have MOR - At the taxi rank, H - Right. Now what if you pick up someone at the back of the line and he's six metres away, are you trying to say that's a different area? PAUSE MOR - Er, why would you wan, why would er, someone at the back of the line is hardly likely to get in is he? H - Why, if he's the only person going the same way. MOR - He doesn't know where your go, you've just picked him up, so you don't know. H - But, what happens if this passenger leans out the window and does the talking for you, then what? You don't say well he, he he says pick up others. MOR - That's all right, he can do it. P - HAS JUST RETURNED AFTER HIS SHORT WALK AWAY FROM US TWO WHO HAD REMAINED STANDING IN THE SAME PLACE Well that's all right, he can do it. H - And then you pick up the person at the back of the line which is more than six metres away, then what? MOR - I think that you can do it, P - He's approached your cab, so your picking him up, at the same place, isn't you, so you know, it's irrelevant, MOR - Multiple hiring could never be construed as, as just at the end, halfway through a trip. How would you know what to charge for a start? H - Why not? MOR - What would you charge, if you picked up there, would you charge, would you charge him seventy five percent of the, the, the fifteen bucks, checking what was on the, the meter when I sort of saw it. H - I would have, I would have probably yeh, P - What, you'd have charged him, seventy, you'd have kept your meter running which is already showing fifteen dollars, you'd let, keep the meter running, and take him into town and charge seventy five percent, MOR - No your going to charge him seventy five percent of the metered H - Fifteen, yeh, MOR - Here, H - I would have probably charged him ten, less than seventy five percent. H - Er, there's no against charging anyone less than seventy five percent, is there? P - Yes, MOR - Yeh, H - Your not permitted to charge someone less than seventy five percent. P - No, MOR - Oh, it's an offence, it's like an offence if you, you'll need to charge tarrif one at tarrif two time, it's an offence, H - Now, Okay, so, in other words, MOR - Just if you did the other way around. H - Okay, so, so let's, being specific here, um, if I charge someone, you have to charge someone exactly seventy five percent of the metered fare when you multiple hire. P - Exactly, H - Exactly, at all times P - Yes, H - Exactly, MOR - To the nearest cent, H - There is no, to the nearest cent, MOR - Yeh P - Yeh H - To the nearest cent, P - Obviously, you can't, MOR - There's gotta be occasions where the cent will split, P - Obviously, you can't split one cent up into half a cent nowadays. H - Now what if you charge someone to the nearest ten cents, is that an offence? P - I'd say so. H - Would you breach a taxi driver if you caught him charging to the nearest ten cents. P - Well I don't know what I'd do in the circumstances. It all depends. H - See this is very important. It says seventy five percent. But if you charge someone half a cent too much or too little that's not seventy five percent, you've gotta be specific there. Is it one or the other? PAUSE H - Well? PAUSE MOR - Just the nearest cent, H - So it's not seventy five percent? P - It is. MOR - Where practicable, obviously you can't, you can't, H - Where practicable MOR - As you said, you can't split up a cent and you know it, so there's no point in argueing about it. H - No, no, well, is it, one or the other, is it MOR - And if you'll, if your going to do this when you come to court the magistrate's gonna get fed up with you pretty quickly. H - No, no, no, I will ... MOR - When you start talking seventy five percent of a cent, he's not going to be a happy man, you know, 'cause it's obvious you can't have seventy five percent of a cent, H - Sorry, MOR - It's obvious, you cannot give change to seventy five pecent of one cent, ... H - I don't, I don't, deny that. But you can either charge seventy five percent or you charge, charge, approximately seventy five percent. Now what it? MOR - Seventy five percent to the nearest cent. H - Not approximately, no, it is either seventy five percent, or approximately seventy five percent. P - It is, the law, the regulation says seventy five per cent, so ... MOR - To the nearest cent, yeh, H - Now it doesn't say to the nearest cent does it? P - No, it says seventy five percent of the fare, three quarters. MOR - Now but there's certain that have to be an accepted er, P - Obviously it's gotta, you know, MOR - Wouldn't have to write that down because it's an obvious thing. H - Now and getting back to multiple hiring again, Okay, just clarifying a couple of things. You charge each fare seventy five percent of what's on the meter at dropping point. P - Right, yes, H - Now when you multiple hire, this is another thing. If I take one fare to the City, one fare to South Melbourne, one fare to Toorak, from here. Is that a legal trip? P - Sorry? H - Is it legal for me to take three people from here, one to the city, one to South Melbourne, and one to Toorak, P - As long as their in the city. As long as you drop them in the city now. P - So it's from here to the city. So you can drop them three places in the city, five bucks a head, as long as you got a minimum of three people, H - Now what happens, if I take three people from a race meeting, and I'm charging, your trying to tell me you can't multiple hire from here and charge seventy five percent. P - Right, that is a special arrangement from Tullamarine airport. H - No seventy five percent multiple hiring from Tullamarine, is that what your trying to tell me? P - No I'm saying, that if you want to take three people to the city, you may do so at five dollars a head. H - What if I multiple hire three people elsewhere. P - Well, that's, you can do that, H - I can multiple hire from the airport, P - Yes, if your approached by the people themselves. Well your not allowed to stand out and say, anyone going to Flemington. All right, your not allowed to do that. H - Now look, there's a shortage of cabs here, would you object to taxi drivers multiple hiring from here? You can see it now, there's a shortage of cabs here, do you object to taxi drivers multiple hiring from here? MOR - Yeh, you can't multiple hire from there. P - No, H - That is an offence? To multiple hire, even though there's a shortage of cabs and even though the people wouldn't object. P - Right, P - There's not a shortage of cabs at the moment, H - So you don't,... well as you can see there's about to be, there's, there's more people standing there on the rank than there are cabs on the rank. P - Well there might about to be, but there's not at the moment. MOR - If you nip round the back there, you've got another fare, like picking up a fare. FLIGHTS 33 (ADELAIDE) AND 409 (SYDNEY) HAD JUST LANDED AT AUSTRALIAN AIRLINES AND BOTH HAD STARTED TO DISCHARGE PASSENGERS ONTO THE TAXI RANK, WHERE THERE WAS NOW A GROSS SHORTAGE OF TAXIS H - Well I'd help out more if I picked up five fares wouldn't I? H - Wouldn't I? MOR - You'd help your, you'd help you. H - What about them? THE PASSENGERS WHO WOULD OTHERWISE WAIT P - Taxis come in all the time here from now on. H - But not enough taxis for the people. P - But how do you know, it's not, just, H - There, look, the line already goes into the terminal and there's three taxis left. P - ... talk to you. You should be out there now working, MOR - Yeh, go and earn some money. H - I'm worried that I will, I might pick up and then you guys will come along and suddenly hit me with a, with a fine, or an, breach, or throw the book, or get me for something. P - As long as you don't tout and I'll be watching you closely. H - I know you'll be watching me closely, that's why I think I'd prefer to drive off and leave them standing there, because I don't particularly want to get booked. P - Well you drive off then! RAISED VOICE MOR - Well your allowed to do that, if you want, that's your perogative. H - Er, you know, it's a matter of er, er, protecting you know, so I would prefer to pick up those people. I don't drive a taxi for charity, you know, I'd rather pick up ... P - As long as you go round the rank, properly, in order, then we've got no objections H - Well you can see, there's no cars on the rank now, it's er, P - Well there's no one coming in, right, they won't have to wait long, I'll assure you. H - I can see there's more people standing there than there are cabs in the grounds of the airport. Now, P - Just a moment, there's been a steady queue going in, and they might run out, H - They have run out, there's, their the last, they are the last cabs, and look at the line of people there. H - Your not blind surely. H - So, um, the question was, I'll start again. You do a set three multiple hiring, I take the first person to West Melbourne, I take the second person to South Melbourne, and the third person to Toorak. I charge the each three quarters what is shown on the meter. Is that legal? Is that the right way to do it? MOR - That's close enough. H - Now, and the other you said to me before is when you drive a taxi, you have to take the person by the shortest route you said? MOR - Most direct H - Most direct route. If I do that trip, the man who's going to Toorak isn't going the most direct route. What happens there? Is he in breach of the law? Am I in breach of the law for doing that trip or not? MOR - There's always a most direct route to South, to South Yarra from where ever you are. H - Sorry? MOR - There's always a er most direct route, H - No from the airport to West Melbourne, MOR - Yeh, €SRP43 H - So I have gone out of the way to drop the three fares off. Is that, is that illegal? MOR - That is if their all agreeable to that, P - And, and MOR - They'd already agreed to that. P - And you'd have to take the nearest one first, wouldn't you. MOR - Yeh, H - That'd make sense, MOR - Yeh, H - So although I have, I have gone out of the way P - That, H - To get to, to Toorak, I haven't gone the most direct route, that is still a legal trip. P - Fine, because your, and furthermore the passenger told you that you needn't go the most the direct route, but in fact they were actually round, you must go the way he directs, MOR - Yes H - So in other words, it's not, so it's an off... MOR - First of all their directing you one to go to West Melbourne, one to go to South Melbourne, and one to go to South Yarra, P - If I wanted to go to Mornington and I said, but I want to go via Flemington, to have a look at the racecourse, H - What if it never, what if it never comes in the conversation, you pick 'em up, the first person says, West Melbourne, the second person says South Melbourne, the third person says Toorak, you drop them all off, you charge them seventy five percent, P - Well, obviously multiple hiring, you, you tell 'em what you intended to do, wouldn't you. H - Right, you say to them, I'll be charging you, three quarters of what's on the meter when you get there, and P - Yes H - they'll say that's fine. And you drop them all off. Is that an offence? P - What do you mean? Drop them all off. H - I drop them off at their different places, P - Yeh, H - Charging three quarters, P - Each time charging seventy five percent of the metered fare. H - Is that an offence then? P - No. H - It's not? I haven't gone the most direct route though. P - But you've gone to a, a route agreeable by the passengers. H - Well they didn't disagree, did they? MOR - Well you'll ... H - Next thing, another quick question, another quick question, MOR - You haven't got a quick question, you haven't ... H - Yeh, yeh, one more, multiple hiring, you have to get the concent of the passengers. Is that correct? MOR - Yes H - What if a person half way through the journey decides he doesn't like it? Have you then committed an offence by not getting concent because he changed his mind? P - LAUGHTER H - Well, yes or no? P - No, you don't MOR - No, you haven't, P - You'd have to stop and drop 'im off wouldn't you. H - Right, so, if, so, if you multiple hire with someone and then they change their mind, P - They say stop, I wanna get out, and you charge them seventy five percent of what's shown on the meter, that's it. H - Okay, thank you very much. END OF TAPE AND TRANSCRIPT HOSER THEN GOT IN HIS TAXI AND DROVE OFF, AWAY FROM THE TAXI RANK, WHERE PERRY AND MOREHEAD POSITIONED THEMSELVES TO STOP OTHER TAXI DRIVERS FROM MULTIPLE HIRING, AS THERE WAS A LONG LINE OF PEOPLE WAITING FOR TAXIS. HOSER WENT AROUND THE BLOCK AND MULTIPLE HIRED FROM THE ANSETT AIRLINES TAXI RANK WHERE THERE WAS ALSO A HUGE LINE OF WAITING PEOPLE AND NO TAXIS. HOSER WAS NEVER SERVED AN INFRINGEMENT NOTICE, BUT ON 30/11/89 AT 8.05 PM, PERRY AND ANOTHER RTA OFFICER FORCED ENTRY TO MY PRIVATE RESIDENCE AT 41 VILLAGE AVENUE DONCASTER, AND WHEN CONFRONTED BY HOSER (ARMED WITH HIS CAMERA AND A TAPE RECORDER THAT WERE REPLACEMENTS FOR THOSE THAT WERE STOLEN ON 21/5/89) PERRY THRUST A SUMMONS IN HOSER'S HAND, TO APPEAR AT MOONEE PONDS COURT CHARGED WITH THE ALLEGED OFFENCE OF TOUTING ON 30/11/88 TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN RAYMOND HOSER (AKA PHILIP HOSER) AND TWO ROAD TRAFFIC AUTHORITY OFFICERS, ONE WHOSE NAME IS KNOWN AS JOHN W. PERRY, THE OTHER INDIVIDUAL, WHO FAILED TO IDENTIFY HIMSELF BEING A MAN WITH A BALD HEAD, A BEARD AND MOSTASCHE. BOTH WERE IN UNIFORM. TRANSCRIPT IS DATED 30/11/89 IN EARLY EVENING, AT ABOUT DUSK. THE TWO MEN HAD FORCED ENTRY INTO HOSER'S HOUSE AT 41 VILLAGE AVENUE DONCASTER, VICTORIA, AS ANOTHER PERSON HAD LEFT THE HOUSE TO GO SOMEWHERE ELSE. SEVEN OTHERS HELD THE TWO MEN AT BAY IN THE FRONT FOYER OF THE HOUSE, ALTHOUGH THEY APPARANTLY TRIED TO GO TO OTHER PARTS OF THE HOUSE. HOSER ARMED HIMSELF WITH A TAPE RECORDER AND A CAMERA, BOTH BEING REPLACEMENTS FOR SOME OF THE EQUIPMENT STOLEN ON 21/05/89 BY THE POLICE, AND THEN CONFRONTED THE TWO UNIFOMRED OFFICERS. UPON CONFRONTING THEM, HE STARTED TO TAKE AS MANY PHOTOS AS HE COULD (BEING RESTRICTED BY THE RE-CHARGING CAPACITY OF THE FLASH), AND TOOK A GOOD SERIES OF PHOTOS OF BOTH MEN. UPON BEING CONFRONTED BY HOSER, PERRY THRUST A SUMMONS INTO HOSER'S HAND AND BOTH MEN FLED THE HOSER AND GOT IN THEIR CAR AND DROVE OFF. THE TRANSCRIPT COVERS THE TIME THAT HOSER ARMED HIMSELF WITH THE TAPE RECORDER UNTIL AFTER THE TWO RTA MEN HAVE FLED. OTHER VOICES ON THE TRANSCRIPT ARE THOSE OF PEOPLE WHO LIVE IN THE HOUSE AND/OR THEIR FRIENDS. THE SUMMONS WAS FOR A BODGY CHARGE OF TOUTING, THAT ALLEGEDLY TOOK PLACE EXACTLY A YEAR EARLIER, AND THAT INCIDENT WAS ALSO TAPED AND TRANSCRIBED, THE PRINCIPAL PARTIES THERE BEING HOSER, PERRY AND MOREHEAD (BOTH OF THE RTA). MATERIAL UNDERLINED IS NOT TRANSCRIPT. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. KEY. HOSER = HOSER (TAXI DRIVER) PERRY = PERRY (ROAD TRAFIC AUTHORITY) BALDY = BALD UNIDENTIFIED RTA OFFICER. JOHN SCHRADER = JOHN SCHRADER (PERSON WHO LIVED AT HOUSE) BRIAN ? = BRIAN (FRIEND OF PEOPLE IN HOUSE, WHO LIVES IN TEMPLESTOWE) JEFF HOPNER = JEFF HOPNER (FRIEND OF PEOPLE IN HOUSE WHO LIVES IN TEMPLESTOWE) TRANSCRIPT STARTS NOW HOSER - Just wait here a tick, you've got to be witnesses, put that in your pocket, ... TAPE RECORDER PLACED IN THE POCKET OF JOHN SCHRADER JOHN SCRADER MUMBLING TO DOG WHO WAS HELD OUTSIDE OF HOUSE IN BACK YARD MUMBLING BETWEEN JOHN SCRADER AND STEVE WALKER HOSER TAKES TAPE BACK OFF OF SCHRADER AND CAN BE HEARD FIXING UP CAMERA GEAR BACKGROUND MUMBLING CAN BE HEARD PERRY MUMBLING HOSER HAS ALREADY TAKEN HIS FIRST THREE PHOTOS PERRY - Take that. HOSER - You are trespassing. Leave. PERRY - Just take that, all right, and we'll see you later, Okay. HOSER - Excuse me, your trespassing. PERRY - I don't care what I'm doing, all right. PERRY - Have a good day. All right. PERRY AND FRIEND START TO FLEE HOUSE AND HOSER AND HOUSE MATES FOLLOW THEM OUT OF THE HOUSE AND TOWARDS THEIR CAR PARKED IN VILLAGE AVENUE OUTSIDE THE HOUSE PERRY - That's the one about touting at the airport I told you about, all right. That was the third time we've tried to serve this. HOSER - Well you haven't been here before. PERRY - All right. Well, I, HOSER - Can I please your name and your offsider. BALDY - Nope PERRY - You can have mine, you know mine, don't you. HOSER - I know your name, I want the name of your offsider. Okay. PERRY - No way. All right. HOSER - Sorry? PERRY - It's on the summons, Juhn Perry. HOSER - So, what was your name sir? BALDY - I didn't give it to you. HOSER - Well can you please give it to me, because you've trespassed. Okay. BALDY - No I'm not giving it to you. PERRY - Adios Mister Hoser. HOSER - Can I please have your name sir. BALDY - Nope, nope, HOSER - Is that your car? Is it roadworthy? WITH REFERENCE TO UNROADWORTHY RTA CAR AT MELBOURNE CUP 1989, SEE PHOTOS OF THE VEHICLE PERRY - It certainly is. It's the er, Roads Corporation car, it's not my personal car, ... PERRY - All right. HOSER - MUMBLING PERRY - ...taking photos ... BALDY - Ay, listen, look out you'll get hit a car there. PERRY - Look out, look out. BALDY - Just hang on a minute, don't waste all your film for a minute. BALDY - Just hang on, don't waste your film for a minute. HOSER - Why? BALDY - Give us me hat TO PERRY SO THAT HE COULD POSE FOR A PHOTO, SEVERAL OF THEM GETTING INTO THE CAR HAD ALREADY BEEN TAKEN HOSER - Oh well done, BALDY - Okay HOSER HAD TAKEN ANOTHER PHOTO HOSER - Oh stay there, well done, thank you very much there officer. HOSER HAD TAKEN ANOTHER PHOTO JEFF HOPNER - Got the number plate there. HOSER - Doesn't matter. BRIAN ? - MUMBLES NUMBER PLATE HOSER - Don't need the number plate. MUMBLING BY VARIOUS PEOPLE, NOT INCLUDING THE TWO RTA OFFICERS WHO HAD NOW DRIVEN OFF END OF TAPE AND TRANSCRIPT TAPE TRANSCRIPT OF CONVERSATION PRINCIPALLY BETWEEN THE FOLLOWING PEOPLE, RAYMOND (AKA PHILIP) HOSER, AND FAY MARLES. TRANSCRIPT IS DATED, 31/07/91 INFORMATION RELATING TO THE TRANSCRIPT: RECORDING WAS MADE AT VICROADS OFFICE, DENMARK STREET KEW. MATERIAL UNDERLINED is not transcript. '...' means voice is inaudible and either fading in or out on the recording. ' MUMBLING ' means that it was not possible to decipher the word/s on the tape recording. NUMBERS IN BRACKETS ARE POSITIONS ON LARGE TAPE RECORDING. (ORIGINAL RECORDING) EXCERPTS ONLY SEPARATED BY '#*#' KEY. MARLES = FAY MARLES HOSER = RAYMOND (AKA PHILIP) HOSER TRANSCRIPT STARTS NOW #*# (3/447) MARLES - Well, I think I've got as much as I've asked for, and er, if I need anything further I'll give you a ring. HOSER - Right, so, okay, well, there is, if you take that list there is some stuff you haven't got on that list so, if you just ask me for that, I'm sorry I don't have that Bingley transcript OF 29-9-89 . MARLES - Okay. HOSER - Those letters, all that other material you'll copy anyway and give back. MARLES - Yes. HOSER - So basically at the end of the day, you've just got to, I am, there's nothing wrong with me and the fault has come from the other side. As far as the time frame, when will you be able to just, now what happens, your going to go through all the material I presume, then what happens? Your going to speak to these other people. MARLES - Well, I've got to, the terms of reference require me first of all to look at er, what, what is the average accepted fit and proper person, ah that I'm going to do um, start with David O'Sullivan on that one, right. HOSER - Because he's turned around and said as far as he's concerned, I'm a fit and proper person, that's already recorded. MARLES - Yes, but I've got to ar, find out not whether your a fit and proper person, but what other people have had their licences taken from them and why, and what people have been allowed to keep their licences who've had a a you know various convictions, so that's a first thing and the next thing is to interview er probably four people I suppose, and that would be um ah, Ashton, Olsen, HOSER - Two terrors MARLES - Perry and Morehead. MARLES - Um, HOSER - I don't know why you chose Morehead out of them. MARLES - Well I chose Morehead because he's less um, HOSER - I've had very little to do with the man, I only, the only time I've actually encountered him was that incident at Tullamarine, MARLES - Yes that's right. Ah, I thought HOSER - And obviously subsequently in court. MARLES - If he's somebody who has less um feeling about the whole thing, I might get a view from him, HOSER - No see, you'll get a biased view, coloured by what he has been told by the others. Certainly in court that was the impression he gave and his only encounter with me in the field so to speak is what you've got there on the tape, which if the transcript's no good you can listen to the tape and it just comes out the same and there's not really any, you can judge on that, MARLES - Yes, yep. HOSER - What I'm trying to, you know, I'm not trying to tell you who to see, but of the people he would be the last one um, MARLES - That you'd think of, because he hasn't had a lot to do with it. HOSER - Yes, and see, let me put it to you another way. David Robby and Martin Pollard as examples were both very hostile to me before I'd even met them, and that's on tape, so the question has to be asked, and in fact in that case which I didn't give you, that transcript I gave you, Robby turns around and says yes I was hostile to Mister Hoser before I even met him. Now that's a bit nutty, but he said it. Now that doesn't mean, no fault of me if he chooses to be hostile to me before he met. MARLES - Well ah, the reason that I was thinking of Morehead is that it struck me that he didn't appear to be hostile to you. HOSER - Well, maybe not neccessarily hostile in action but certainly in words, even when he gave evidence in the court at Moonee Ponds he was still certainly on the RTA side, and he's not going to put his own mates in is he. MARLES - No. HOSER - He's not going to turn around and say well Derry Ashton's a thug but you know, MARLES - Well I'm not actually going to ask those questions about whose a thug and what not, um, HOSER - But okay, so your going to interview those people, MARLES - Yes, and I will have finished that by the end of this week, HOSER - Right, MARLES - Ah, Then I'm suggesting you ring me on Monday morning and I'm going to be in my office between twelve O'Clock and three, and I can tell you then whether I want to see you again. If not, the chances are I will have actually written this up over the last over this weekend, and ah, I'm planning to get my report in by about Wednesday of next week. HOSER - No earlier than Wednesday. MARLES - I don't think I've got a hope of getting it earlier than that. MARLES - Ah, the ar, actually just squashing it in at this point has been quite difficult because it was a late request for me to do that, but um, HOSER - Out of interest, how long before the starting date which was last whenever, had you, had you actually been asked. MARLES - I'm not quite sure but I would imagine it was um probably, ah, I was probably asked maybe a week before I, um, HOSER - Started, MARLES - Yeh, HOSER - No more than a week. MARLES - Well I couldn't swear to that but I don't think it's much more than a week, um, but I was very busy prior to that week, so I couldn't have done it, so if I had been asked, HOSER - Sure, MARLES - I would have still have said that's when I could start doing something, HOSER - Sure, MARLES - Um, and HOSER - Okay, so that's that. (3/519) #*# (3/542) MARLES - I think you've got to look at these things both ways, if ah, they, um, I mean would you want them to have the tapes of what we've all said. HOSER - They could take the whole, they could take the whole lot, there's not a problem there, not problem at all, I'm open. I've never had anything to fear from taping, that's the big catch. They have in the past feared taping and that is why particularly you have listened to a lot of these tapes that they have not been privvy to listen to, even though they're involved in them, that is why, the idea was was for me to be here so we could put the allegations to them, and they can say yes I did say this, no I didn't say this, and you having heard the tapes and know what's going on, you could immediately conclude, well they are telling the truth, or their not telling the truth. HOSER - Because that's what we actually said. #*# (3/581) (3/581) MARLES - Okay well, I'll transcribe them, and in the event of you not getting your licence, then I think it's um, a natural, HOSER - Oh, you will tape record them, MARLES - Yes, HOSER - You will tape record them, and in the event that I don't my licence I can then get hold of a set of tapes, MARLES - You can have transcripts of the tapes, yes, HOSER - Oh right, so you actually transcribe all of these. MARLES - No, I'm not going to transcribe things. If you get your licence, it's a waste of time transcribing, HOSER - To an extent your right, to an extent, yes, I personally would love it. MARLES - Ah, but I think if you don't get your licence, ah it is very important you know what's been said. HOSER - Sure, HOSER - Okay so, in other words, you will tape record them. MARLES - Yeh, HOSER - You will sit there ah, and tape record them, and then ah, MARLES - I'll obviously use the tapes as tapes to do my report, ah if you don't get your licence I'll have the tapes transcribed, HOSER - Sure, MARLES - And, ah, you can have copies of the transcriptions. HOSER - Great now the next step, um, sorry to be delaying you but as this might be time front to front, the um, report, you will write up a report, now what, what, so I've got an idea as to what, what it is, will it won't just be saying Hoser gets his licence, it will obviously be more involved than that, but in summary what will it tend to cover. MARLES - Well, I, I intend to write it ah, in terms of the terms of reference, so er, the first part will be um, just what is a fit and proper person, then I'll go on, um, then having done all that, um, I will draw a conclusion and I will give an analysis of why I've drawn that conclusion, and then I may well give recommendations involving uh say ah changing regulations or something like that, ah it did occur to me that um there were things where the regulations could be changed, and it would it make it um a clearer, and um, HOSER - For example that sticker on the number of licenced capacity is never put on the door, and the regulation shouldn't be there if it's not going to be enforced and no one's going to worry about it. (3/610) MARLES - So, thats the form that we'll take. HOSER - And then somewhere along the line you will say Hoser should get his licence, hopefully, in theory, MARLES - Oh, well of course, in ah, I mean that's the aim of the exercise to say weather you should get your licence or weather you shouldn't, ah so that'll be a key thing, it'll be the first recommendation, which will be, ah that you do or you don't get your licence, HOSER - All right, and then this report I'll get a copy of presumably. MARLES - Yes, HOSER - And you say Wednesday, MARLES - Ah, well, Wednesday is what I hope to, ah it's no use even thinking about it before Wednesday, because um, I've, I mean I'm fitting this in amongst other commitments that I've got, and that's about the only thing I can do. HOSER - You couldn't recommend that I get an interim driver's certificate in the meanwhile, MARLES - No, I couldn't possibly do that, I haven't spoken to any of the other people, ah, and um, I mean you ah, must know that um, if you've only heard only one side of the story, ah, you can't, er, HOSER - But a man is innocent until proven guilty, and as Bob Hawke said, every Australian has a right to earn a living. MARLES - I think that what's happened in this stage is that you've been considered guilty which is the reason you haven't got a licence and this is an appeal, um, it's not a formal appeal, HOSER - But if I am wrongly considered guilty... #*# (3/644) HOSER - All right, okay, so Wednesday I will call you and presumably pick up, MARLES - No you won't, you'll call me on Monday. HOSER - Monday, and then assuming you don't want anything on Monday, if you want something on Monday it'll probably be only a specific document or question or answer, MARLES - Yes, yeh, HOSER - Is that right? MARLES - Yep, HOSER - And then on Wednesday, you'll put in your report, will I get a report, can I get a copy direct from you or do I have to go to David O'Sullivan for that. MARLES - No you'll go to David O'Sullivan, ah, now, the ah, the RTA is my client, ah so my responsibility for the report is to them. HOSER - Yeh, MARLES - I'm independant so, um ah, not going to be, you mean I'm not partisan to ah the RTA, but um, nevertheless they own my report, ah, they can't change it HOSER - In other words your report is theirs, MARLES - Or anything like that, but their the people I give it to, HOSER - Sure, okay I understand, MARLES - Now what happens to you after that I have no idea, HOSER - Is their business effectively MARLES - Yes that's right, HOSER - Sure, MARLES - I put in recommendations and that's all I'm required to do HOSER - Sure, the next question, you looked at a file before I saw you the other day, MARLES - Yes, HOSER - And O'Sullivan said I could peruse that file. MARLES - Yep, HOSER - When do I get to do that, MARLES - Well ah, HOSER - Because I've got no doubt there's things that are adverse to me that shouldn't be in there, falsehoods, lies, excetera, and, MARLES - I think probably what you should do with that, I, my memory of it is ah, that it's a file, um, which is really just all formal documents most of it is letters from you. HOSER - Yeh, but let me put it to you another way, what they, what they choose to include and what they choose to exclude, particularly things, their atrocities, is very telling. It is like you could, you could sometimes by just not saying something you may as well be telling a lie, do you know what I mean, and they could accidentally on purpose hide documents, loose documents, which is what they did in relation to the Olsen matter, they lost the letters, I will have to give you them, of me dropping the case for the Olsen case, because they have allegedly lost the file. Just bear with me for one second, I will give you these and then, I'll, I'll, I'm sorry about that, They are very important these letters, um, there's two letters and one transcript, that Robby transcript, because you'll see what their like. Um, wo things, (3/674) HOSER - But you'll see, you know, that the lies and deception, the way they have in fact accidentally on purpose lost things. MARLES - I wouldn't count on that. Bureaucrats loose things all the time, um, ... on purpose, HOSER - Do you ever watch yes minister? (3/679) MARLES - Yes HOSER - Do you like it? MARLES - Yes, HOSER - I laugh but I cry as well. (3/682) FEDERAL POLICE INCIDENTS AT TULLAMARINE AIRPORT. 4/10/89 Wednesday, 6.15 P.M. at Tullamarine airport, Melbourne, on the Ansett Taxi Rank. Two federal police officers, (both male) badge numbers 4757 and 4777, apprehended me at my taxi and told me that I was unable to drive it. They called George Olsen of the Road Traffic Authority, who came about thirty minutes later. In the meantime another male federal police officer (4627) and a female federal police officer (4314) also arrived on the scene, along with two FAC officers, one of whom was known to me as a man who'd been summonsed to court for assaulting "NAME SUPPRESSED", and another whom I had never seen previously. The Federal Police and FAC officers admitted that they were operating under RTA instructions to prevent me from driving the taxi, stating that I was now unlicenced. All seemed to have great pleasure in refusing to allow me to drive. Olsen arrived on the scene, told the others not to allow me to drive the taxi and then left. The others made things difficult for me, and harassed other taxi drivers who offered me assistance. Eventually with some difficulty, another taxi driver took my taxi and myself away from the airport. (Terry). The police even refused to allow him (Terry) to leave his taxi on the back of the feeder rank, stating that they'd tow it away, if he did, so he had to pay to have it parked in the short term car park. Due to the time of day and the taxi strike, Terry's cab would not have been in anyone's way had he left it where he wanted to, on the feeder rank. Federal police officer 4757 was very 'smart alecish' towards me, and had considerable knowledge about myself, having either been told by the RTA, or through his own checking. All persons present knew that the whole incident was being taped and acted accordingly. On Friday 15/12/89 at about 2.45 PM, I anonymously rang RTA complaints section/enforcement branch and lodged a complaint about an unknown taxi driver multiple hiring at Flinders Street Station Taxi Rank, and getting into fights when refusing fares. The officer at the other end of the line asked me for details of the taxi driver and I was vague about this, but gave him a description of myself and described the clothes of myself when I drive taxis (HOSER). The RTA officer cottoned onto this and asked me further questions about the taxi driver, giving further descriptive information about myself, which I tended to verify, but was vague about my ability to recollect. The RTA officer asked me to try to get the taxi number of the wanted taxi driver, and I said I would if I could. He also said that he'd get some enforcement officers to the taxi rank that day at about 5 PM, which it the time I alleged these incidents were happening (Over the past three weeks). On 21/12/89 Thursday, 10.20 P.M. at Tullamarine airport, Michael Streeter (Taxi driver) was approached by Federal Police officer 4757, and asked 'Are you Streeter or Hoser?' Streeter replied 'I can't be both.' and then the officer harassed Streeter further. Streeter was 'non-co-operative with the officer, but not hostile to him, although the officer was hostile to Streeter, as Streeter was being Coy as to whom he actually was. (Streeter had also had previous encounters with this Federal Police officer). At Streeter's Taxi, Streeter was surrounded by other taxi drivers and they were apparantly enjoying themselves seeing the event unfold. The Federal Police officer tried to isolate Streeter by telling the other taxi drivers to 'Piss off' but they refused, with one of them saying 'Hey this is too good to miss' Streeter told the Federal Police officer to check his notebook to see which description he fitted. The officer walked away and returned with a notebook that apparantly had descriptions of both Streeter and Hoser, and he was still confused as to who Streeter actually was. When the officer asked Streeter if he had once had his licence taken off of him, he replied 'Yes'. This further confused the officer as he was aware of myself (HOSER) having had his licence taken off of him, but not of Streeter having lost his once for speeding. Eventually the officer decided that Streeter was in fact Streeter, and before he left the scene, Streeter asked for an apology from the officer. It was not forthcoming. Taxi drivers who witnessed the event on 21/12/89 as listed by Streeter included the following; J. Matthews (Driver) Werner (Driver) Starskey (Driver) Ray Bullen (Owner) who according to Alan "NAME SUPPRESSED" lives in Essendon and is an elderly driver with a DC in the 4,000's which makes him one of the older cabbies in the industry. On Tuesday 9/1/90, at 2.30 PM, I phoned Superintendant Dowell of the Australian Federal Police in the city (MELBOURNE) and asked him for the name of the police officer with the badge number 4757. He told me to phone him back in half an hour so that he could find out for me. Half an hour later I phoned him back and he gave me the officer's name as MICHAEL C. WARREN, spelling it out for me. €DH/6OMIN1/LETTER OF 30.3.87/PAGE |P/ €SRP1 RAYMOND T. HOSER MARCH 20TH 1987. 8 HOWITT STREET, TARINGA,QLD,4068 AUSTRALIA. PHONE:(04)371-4535 Dear Fiona Baker,(60 minutes), I have been unable to find much in the way of court transcripts here.The NSW ombudsman and NSW commissioner for public complaints were given comprehensive sets of ALL court transcripts. The NSW commissioner for public complaints has not yet returned these,(despite my instructions to do so).You have my authorisation to go to their offices (Goodsell Bldg,Chifley Square)and peruse these transcripts.As you could probably guess,the NSW ombudsman and Comissioner for public complaints refuse to do anything about NPWS,(or even see me). My mother will have some further documents for you and I will get her to phone you tomorrow(tuesday).You must realise that due to the constant risk of NPWS break in and theft,my files are scattered everywhere(and duplicated) in order to minimise the risk. My mother can be contacted on 9255631(work),817 5612.My father will also be found on 817 5612 or 698 3807.Both are very familiar with NPWS NSW and their activities. Names of some people who are worth contacting in relation to NPWS are 1/Ron Sayers USA 2/Dick Bartlett USA 3/Fia Cumming ACT 4/Ray Ackroyd NSW 5/Gary Stephenson NSW 6/'Willisee'(Shane McGuire) NSW 7/Ron Orders UK You must be aware of one major problem.This is the fact that those who know about NPWS generally want to keep quiet for fear of reprisals from NPWS.My own history of being forced out of NSW is well known by all in the field of Herpetology. I hold a copy of the 'Willisee' video and can make a copy for you should you require it,(VHS or Beta) Please photocopy everything sent to you by myself(and taken from my mother),including this letter. YOURS SINCERELY RAYMOND TERRENCE HOSER 41 VILLAGE AVENUE DONCASTER VICTORIA 3108 AUSTRALIA PHONE: (03) 857-4491 MOBILE: (018) 588 699 FAX: (03) 857-4664 QUOTES FROM 7.30 REPORT 21/6/93. Robert Pullan, Australian Society of Authors, 'That is the very body accused of corruption' 'The Americans I understand are willing to pay upwards of a hundred thousand dollars for an exotic bird like an Australian Rosella. Now given that sort of cash, if it were true there were no corruption in the National Parks and Wildlife Service over the last twenty years, they would be I think a body unique in the history of the world.' Les McQueen (ex NPWS-NSW) alleged high-level interference and corruption in NPWS/NSW from 1969 to present. Les McQueen. 'Ive got papers from other rangers, it's there in black and white' 'High level attempts' QUOTES FROM 7.30 REPORT 22/6/93 Chris Hartcher (MP) 'That was essentially misdirected, because it failed to take into account the responsibility of government to protect the right of free speech' 'I'm asking the ICAC to investigate the matter' 'The right of free speech is in the end of the day a sacrocant right in our society, and I would hope that the service and all government departments would always acknowledge that.' Quentin Dempster/Interviewer. 'To the public that could only appear an attempted cover up' 'In fact an abuse of their power' RAYMOND TERRENCE HOSER 41 VILLAGE AVENUE DONCASTER VICTORIA 3108 AUSTRALIA PHONE: (03) 857-4491 24th JUNE 1993 TO LOAINE HAASE, AAP/SYDNEY, CONTACT RAYMOND HOSER ON 018 993 685 On 27th May 1993, Officials from the New South Wales National Parks and Wildlife Service attempted to illegally ban a book about wildlife trafficking which had material about illegal actions in their department. Since the ban a number of people have approached the minister Chris Hartcher to lift this suppression of free speech and stop the censorship by bureaucrats, which most people associated with the former Soviet Union and other totalitarian states. This week, (Tuesday PM), Hartcher ordered NPWS to remove their unlawful ban on the book and announced that the book should be sold. However as of today officials of NPWS/NSW had NOT made contact with many people they'd induced to ban the book, including Coles/Myer and the distributer of the book, Gary Allen. Because of these actions, the (illegal), ban on the sale of the book SMUGGLED - The underground trade in Australia's Wildlife was still largely in force. Furthermore in spite of implied admissions of liability by Hartcher, on the ABC 730 report, including that the actions of NPWS were 'ill-advised', NPWS refuse to admit liability for the losses incurred by the publisher to date, losses which so far are in the tens of thousands and mounting daily. Furthermore, contrary to a statement by Hartcher on the ABC 730 report on Tuesday that potential damages'should be minimised', current actions by NPWS/NSW are clearly designed to maximise damages to the publisher and continue the supression of the book. BACKGOUND MATERIAL FOLLOWS ---- €DH/ABC1/LETTER OF FEBRUARY 2ND, 1987/PAGE |P/ €SRP1 RAYMOND T. HOSER 170 LAWSON STREET, REDFERN, NSW, 2016, PHONE: (02) 698-3807 Dear Kate McClymont, (or whom it may concern), I spoke to you about 24 hours ago in relation to Jack Giles, NPWS and wildlife smuggling. Enclosed are two papers I wrote in relation to smuggling, etc for publication in two overseas journals. The first is about smuggling and outlines how the racket/s work. Although I cannot tell you how to do your documentaries, I would suggest that for it to be a success, do the following; In your 60 minutes, explain everything contained in the smuggling paper, and leave no doubt in the viewers minds as to who the villans are. In relation to myself, I am probably NPWS enemy no. 1, and have been involved with them since 1974. I live in Victoria solely in a bid to avoid further harrassments. RON ORDERS of the U.K. made a series of documentaries in relation to smuggling and NPWS (Which I think were shown on the ABC). You would benefit from talking to him. You would also benefit from obtaining court transcripts in relation to all cases involving NPWS and myself as they prove beyond any reasonable doubt that: 1. NPWS officers are liers, thieves and cheats. 2. Certain customs and police officers are assisting NPWS officers in carrying out their illegal activities. 3. NPWS bug phones. 4. Raymond Hoser has never broken any state fauna laws. 5. The sheer magnitude of the NPWS vendetta against Hoser. Names of NPWS officers and associiated crooks that I have dealt with include the following: Tony Alexander (NPWS), Roger Gleeson (NPWS), Clive Jones (NPWS), Terry Hill (NPWS), Malcolm Swain (NPWS), Keith Muellette (NPWS), Jack Giles (NPWS), Don Johnstone (NPWS), John Cook (NPWS), Leyton Llewellyn (NPWS), Terry Boyland (Taronga Zoo), Jack Throp (Taronga Zoo), Uwe Peters (Taronga Zoo), Peter Marzol (Customs), Dave Watson (Customs), Jim Smith (Customs). Paul Ludowici, Jim Stopford, Jeff Banks, Glen Laycock and others were directly involved with Tony Alexander and smuggling, (Information held on tapes of conversation/s). I have detailed files covering most dealings with these and many others involved (this excludes the 1-2 cabinets full still held by NPWS). However I see little benefit in you seeing all these as they will simply overwhelm you with largely irrelevant information. My main links in finding out about NPWS rackets initially were; Uwe Peters (1), Ron Sayers (2), Richard Bartlett (3). Finally I advise you to get hold of the videos of Willisee (10/7/84 and earlier), so that you can see the ruthlessness of NPWS break ins. I can assist you here. Should I be able to offer any further assistance, please contact me. Yours Sincerely.