Saturday, November 29, 2008

A Homosexual 'scandal' ...

Dear Philip,

I have been having trouble keeping up with my emails as everything is being done by public access. I have sent the below correspondence to the court; Legal Aid suggested that I contact them. You are getting a copy for, well, 'hard copy' reasons. This may be hopelessly inadequate but I want there to be seen that an attempt was made to be compliant. I am happy to stay in touch with the police here in case a warrant ever comes through. Now, the hard part, I think I have said 'sorry' about 3 times in my life so I'm not going to enjoy this much. Philip, I sincerely apologize to subjecting you to; (a) my derogatory language, (b) my salacious sense of humor and (c) for making a fuss a couple years back about your correspondence with a mental health department without my written consent. You possibly don't remember but I whinged to the high heavens in the meeting we had with a few 'professionals'.

I am skating on a very thin edge at the moment. My health has been lacking, my living arrangements may be back in dark alleys again and there are too many personal problems to mention in one email. If you have time, please read what I have said below. Not sure if I can read your answer, with computer (public access) bookings and my possible inability to shower and enter public places for awhile. Steep learning curve here, wouldn't wish it on Arkham's 'finest' (one D.C. reference is forgivable I hope).

You've helped and I am sincerely grateful for this.

I'm not struggling against my fate now and have done my best to explain.

Have to find something to eat.

Yours in the world of comic books (wink),
D. Braybrooke Smyth.

'This city deserves a better class of criminal and I'm not gonna give it to them'. (Alright, so that's two [paraphrased] so spank me! ;-)

Dear Sir/Madam,

I have two matters proceeding through the Toowoomba courts; one being for unlawful stalking and the other a public nuisance charge. My full name is David Innes Braybrooke and you may have mention of my other (adopted) name, David Walter Smyth. My date of birth is the 18th of November, 1972.

After telephoning Legal Aid Queensland I was advised to get in touch with the courthouse in Toowoomba in relation to my legal matters.

Currently I am residing in the city of Canberra in the ACT. I was asked to attend court in Toowoomba on the 12th of November, 2008, and made sincere efforts to do this but was unable to travel to Queensland owing to financial and health difficulties. Legal Aid Queensland solicitor, Philip Stainton, explained that a warrant for my arrest would be issued if indeed I did not attend court. I presented at the Federal Police Station in Canberra in order to hand myself in yet no action was taken and, after further investigation, it was advised to me that a warrant had not been issued after all.

Being somewhat unaware of the finer points of legal protocol, I am politely requesting that you pass on some details to the presiding judge, at my next hearing, that being in early December, 2008. I am unable to easily fax you a formal letter so would please ask that you take a memo or print out this email for the judge. I should like to add that I do not have a lawyer to officially represent me (quoting the Legal Aid office in Brisbane).

If the above request to pass this information on to the judge is not possible, I should like to inform the courts that I will be as extremely co-operative ,as possible, (accounting for possible behavioral issues due to health reasons) in the event of any issued arrest warrant, once (and if) it gets transferred interstate.

Sincere thanks (in advance) for any assistance,

Yours Faithfully,
David Smyth Braybrooke.

To the presiding judge at the Toowoomba district court:

Dear Sir/Madam,

I sincerely apologize for not attending my court hearing on the 12th of November, 2008. Furthermore, I sincerely apologize for not attending proceedings today.

It was explained to me (by Legal Aid solicitor, Philip Stainton) that a warrant for my arrest would be issued if I failed to comply with my legal obligations. It is not my intention to offer you tedious explanations concerning my failure to appear but I should like to, as succinctly as possible, list the reasons for this.

As follows:

(a) I currently receive $529 fortnightly as a Disability Pension payment. It is hard to fund living quarters, food and medications on this amount in the city of Canberra and the arrangements and cost of travel to Toowoomba, accommodation and transfers was beyond my means and capabilities. I admit that I have had some extra money from some family members but have been unable to handle my fiscal matters very well. At times, I live on the streets in the capital (owing to financial and accommodation difficulties) and am wary of police.

(b) I have a diagnosed inguinal hernia that sometimes impedes my movement. There is divided medical opinion on my state of mental health, yet my two most recent attending Psychiatrists, Doctor Russell Findlay (Toowooba Base Hospital) and Doctor (?) Cassick - spelling may be inaccurate, apologies - (Belconnen Mental Health, Canberra), have either (to the best of my knowledge) treated, and/or medicated me for the condition of 'Paranoid Schizophrenia'. I currently take the drug Seroquel (used to treat Schizophrenia - and other conditions - according to my Googling) in an attempt to maintain my health. Although the Mental Health Courts (Tribunal?) are somewhat dismissive of my medical condition and the effects on my behavior, I am periodically taken off the streets, sometimes under threat of police duress, and am given medical treatment (often in high security wards) against my will and treated (officially documented) for the condition that apparently has 'no significant effect on my behavior'; (quoting the courts, to the best of my knowledge).

(c) I have little family support owing to a widening estrangement.

Legal Aid has explained to me that I have not done sufficient to keep in touch with the court system and suggest that the aforementioned arrest warrant may be forthcoming. I would like to assure you that I will be as extremely compliant (as possible: explained in cover letter to the court) with police in the event of a warrant being issued. I have great respect for the legal system and I am writing this to you today in a sincere attempt to show the deference that is rightly owing to you.

In relation to my charges. Unlawful stalking: I do not contest that my personal behavior towards the 'complainant' ('plaintiff') (italics indicate possible subjectivity, term unclear owing to specific legal procedure - the matter appears strictly police motivated) crossed lines of 'accepted morality' but I should like to say in my defence that I struggle with my personal identity and feel aggrieved that my inbuilt preference for 'those I admire' is, apparently, widely seen and considered as an 'unforgivable degredation' rather than a possible "biologicial 'quirk'" (double italics intentional). I should like to add that I found the 'complainant's' (italics - as above, in brackets) behavior towards me ambiguous at times, and possibly slightly (or more) unprofessional; stated behavior includes the giving of information concerning a gay sex act called 'fisting' which had absolutely no relevance (in my opinion) to the questions that I asked my practitioner about S.T.D.'s; forgive my frankness but I am not somebody who favors extreme penetration (sexually) so would never ask about such a topic. Secondly, my former Doctor telephoned me on my mobile, 0400061666 and left a mysterious all-breathing, no speaking message - my attempts to try and secure number references and message bank entries from Telstra has proven to be a drawn out and incredibly difficult task, however, the Condamine Medical Center in Warwick, Queensland, confirmed that a call had been made to my mobile from a phone at the Medical Center (I'm quoting the Receptionist ). The Doctor also spent some time with me in consultations talking about his family (including ski trip to the South Island of New Zealand), campdrafting, studying at Monash University in Melbourne, Victoria, asked me questions about my interests, including my musical 'talents', trip to my cousin's wedding in Melbourne, my lover's birthday and my day to day life, was very warm and personable, and, according to a lawyer at the Disability Legal Service, may have been a little too 'attentive'. It has never been my intention to hurt this man (Doctor Kiss); coming from a background of social isolation (losing my parents as a child) and a broken marriage (adopted parents) my upmost consideration is that his (the 'plaintiff's' - reminder of italics, see above) family life and personal space be treated with due respect. At no time did I ever ask Doctor Kiss if he was married (not my business) and I don't, as a general rule, presume anything, (regardless of the family reference - NZ trip - above).

Because of my previous stalking charge, which was widely covered in the national media (complainant: former NRL star/ actor and 'gay identity', Ian Roberts), I have often felt at a distinct disadvantage when it came to the treatment of myself by members of the Queensland health services, police force and government at large. I do not claim to be a politically motivated activist of any description and tend to be fairly 'centrist' in my approach to life. However, the 'infighting' and apparent contradictory medical assessments concerning my mental health by 'qualified practitioners' (and subsequent treatment by said departments - see above - and the general public at large) has been dismaying to say the least.

Public Nuisance: I attempted to gain medical assistance at the Toowoomba Base Hospital (for the above-mentioned mental health condition and/or related condition/s, behavior) but was treated as though I was fraudulent.. My medical history clearly lists several hospitalizations in a number of psychiatric and/or medical facilities, including the Cairns Base Hospital, Atherton Hospital, Toowoomba Base Hospital, Baillie Henderson Hospital and the Frankston Hospital (Victoria); I suspect that these numerous (and documented) in-patient sessions were not for 'no reason' or for insignificant 'maladies'. I was verbally and physically assaulted by staff at the Toowoomba Hospital and was unable to leave in time, after being dragged out to the foyer in 'Emergency', dumped on the floor, then blamed for 'being in the way', before being arrested by the police and held in lock up (and charged) at the Toowoomba Police Station. The next day, I sought assistance from the Clubhouse (Mental Health facility) in Toowoomba.

These legal matters have been ongoing for a period of at least 3 years now (by my calculation) and I would like some resolution please, if possible, in a practical time-frame.

I suppose my greatest fear is that you (or equivalent party) will give me a jail sentence, or that my private life will be dissected and treated with extreme disdain in the media once again; there never has been a right of reply, and, according to some in the legal profession, my legal outcome (this time around) will be largely determined by the quality of representation that I secure; in other words, how much money I have to spend on a lawyer. The Legal Aid office in Brisbane have clearly stated (sounds like a misnomer; wry smile) that I do not have official representation through their channels and I am unsure of what role, if any, that Mister Philip Stainton plays in relation to my matters. I have, at times, been in touch with Mister Stainton by email, occasionally being flippant with him, which is somewhat regrettable, and am largely unsure what legal position he fills; I did make attempts to find answers to this. Mister Stainton has often been informative and helpful in his correspondence and I am most grateful for this.

Sir/(Madam), I am not asking you for any favors; I have done my best to explain my situation and I shall not take up more of your time with further words.

Yours Faithfully,
David Smyth Braybrooke.

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