Ali Jaffari was charged with attempted child-stealing. “Magistrate
Ron Saines said if he was hearing the matter, he would have reasonable
doubt, citing ‘cultural differences’ as one factor, which would result
in the charges being dismissed.” Jaffari is “an Afghan refugee, was
convicted in Geelong Magistrates’ Court on August 22, 2013, of
indecently assaulting one boy and attempting to indecently assault
another.” Jaffari explained: “For us is not an issue.” Nor will it be an
issue for Australia much longer, if people like Ron Saines prevail.
“All charges dropped against registered sex offencer,” by Karen Matthews for the
Geelong Advertiser, February 25 (thanks to David):
REGISTERED sex offender, Ali Jaffari, accused of
attempted child-stealing, has had all charges against him dropped after a
Magistrate told prosecutors he would have trouble finding Jaffari
guilty.
Magistrate Ron Saines said if he was hearing the matter, he would
have reasonable doubt, citing ‘cultural differences’ as one factor,
which would result in the charges being dismissed.
Jaffari, 35, an Afghan refugee, was convicted in Geelong Magistrates’
Court on August 22, 2013, of indecently assaulting one boy and
attempting to indecently assault another.
He was placed on a two-year Community Corrections Order with 300 hours unpaid community work.
Jaffari appealed the sentence but was found guilty a second time in
Geelong County Court last week, when Judge Meryl Sexton re-sentenced him
to the same Community Corrections Order and ordered he be placed on the
sex offenders register for 15 years.
Jaffari appeared in Geelong court again yesterday, this time charged
with child stealing, attempted child stealing and unlawful assault.
Police Prosecutor, Sergeant Brooke Shears said that about 6.30pm on
January 27, 2013, a four year old girl went to Bakers Oval, Geelong
West, with her father and brother to play cricket.
She said that while the child’s father was throwing the ball to his
son in the nets, the little girl was playing with her own bat at the net
opening.
Sgt Shears said Jaffari was walking around the oval, when he
approached the child, removed the bat from her hand and rested it
against a bollard.
“He then grabbed the child’s hand and began to lead her away before
she looked up, saw it wasn’t her father, started crying and pulled her
hand away,” she said.
“The victim’s father turned, saw what was happening and yelled at Jaffari, “What do you think you’re doing?”
“The victim ran crying to her father and he comforted her while Jaffari walked off around the oval.”
The prosecutor said, that when interviewed, Jaffari told police, ‘For us is not an issue.”
Mr Saines said the prosecution case fell short of criminality and cited cultural differences as a possible mitigating factor.
Sgt Shears however insisted the offending had nothing to do with cultural differences at all.
“He took the child by the hand and led her four or five steps away
from her father before the child realised and started crying,” Sgt
Shears said.
Defence for Jaffari said that, if the matter proceeded to a contested
hearing, there would be no need to hear evidence from the child, her
father or brother, that statements would suffice and Mr Saines agreed.
The magistrate then stood the matter down, advising the prosecutor
that if he was hearing the matter he would have reasonable doubts in
relation to a finding of guilty.
Police later withdrew the charges.
Comment: Law of the land, sovereign legal rights for all choosing to reside/visit in a country apply to all people! Go to any Middle East country, there is no such thing as "bring your culture to our country and abide by only your rules of behavior". Westerners grow up!!
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