As a person that has never been on the wrong side of the law, you may automatically believe that "guilty until proven innocent" is a fact of the justice system. But I have been remanded into custody now since late 2019 – with no opportunity thus far to prove my innocence. So when is my opportunity? At a trial which is still years away? How can I gather evidence to prove my innocence while in custody?
I have been for bail but it was denied on the grounds that the size of the charge is large and can carry a long sentence if convicted, and also the strength of the prosecution's case. But, the major factor was that I did not meet the "Exceptional Circumstances" rule to be granted bail.
My defence would be that my case (drug related) is circumstantial with no direct evidence. There was also no evidence of threat to the community, threat to individuals, no links to organised crime, no links to people with drug related convictions, no drug use or possession, and no criminal history, not even a past visit to a police station. So is all this innocent until proven guilty? Yes, one could make a bail application to the Supreme Court but what if one cannot afford it or you lack the required surety? I'm not eligible for legal aid and I cannot afford the cost of legal defence. So while I wait on remand for my time to prove my innocence, I stand to lose everything I've ever worked for – my business, my family's home, assets, years of my children growing up and finally, my sanity.
I acknowledge that I am the minority and am very thankful that I have a great external support system but being remanded into Victoria's prison system is no different from being convicted. If anything, it is worse.
The mundane tasks that we do to be a part of society and to provide for our families such as paying the bills and mortgage, pets, children, partners all become inaccessible even if your external supports are willing to take on your burden. Not being personally present makes external tasks often impossible. So when does innocent until proven guilty come into play? In my case it hasn't…yet.
Would it then be different if I was a celebrity? Or had high profile connections? Or maybe bags of hidden cash?
Before all this I was a husband, father, brother and son living an ordinary life but now I am "guilty until proven innocent'.
