Footnote-the U-TUBE video you have just seen has only had a few hundred hits because I was forced to open a new account recently as my previous link to U-TUBE was linked to several mirror sites spread all across the world which I recently decommissioned therefore severing the original link to U-TUBE. The reason I had mirror sites was that nsw police threatened to take the site down. I was not going to allow that to happen. So far this website has had over 100,000 hits worldwide
My overview is after Mr Mills' introduction
AN INDEPENDENT ARTICLE By Bayani Mills 6th October, 2009
Dirk Nierop is a patriotic Australian, a man who loves his country, and his state. A man whose call for reform has come after being the victim of local police corruption, and a regulatory system that fails to call in the checks and balances for which they were implemented.
Mr. Nierop has provided evidence to every governmental watchdog with a startling lack of action taken to resolve critical process failures within our states’ system; the same evidence as is presented on this website.
The Judge at Mr. Nierop’s trial, for which he was dismissed of all charges, suggested that the officer in charge attempting to pervert the course of justice should “be in jail” [1] and that the “PIC should become involved” [2], yet the very body that was to ensure that those involved would be properly investigated had already referred his complaints to the very people he was complaining about without action.
Mr. Nierop has 28 years experience in crowd control, and to his credit he has never been questioned for using excessive force. A supervisor for the security at the venue, his duties also included the ejecting of patrons from the premises who were intoxicated – this included the local Police that drank at the Hotel.
Mr. Nierop’s dismissed charges were from a melee involving commando & local sporting hero, Shane Bullock who has proven links between the local football team he captained and high-ranking Police officers in the area.
One of the many charges, “to maliciously inflict grievous bodily harm with intent to commit grievous bodily harm in company of persons unknown”, carries a maximum penalty of 25-years.Mr. Nierop says that the charge given was so severe that his Solicitor could not find any precedent in NSW legal history that was similar in circumstance to warrant the 25-year charge.
The cries of corruption from Mr. Nierop arise from the situation where “mates are investigating mates” as he puts it. The charge of assault was towards a man who was well-known to the local police through social events, of which Mr. Bullock describes himself as “mates” with. [3]
More than a dozen police attended the scene shortly after the incident, including a Police Inspector. Despite the large number of witnesses present, only one statement was taken, at 2am, reportedly half an hour after the incident. This is a direct contradiction to the official Police Investigation Report that the situation was “too volatile” to take statements, and the direct order given to only take personal details of people indentified as being involved. [4]
While Police, on two separate occasions questioned Mr. Nierop, none of them wrote down a statement. A sober, bloodied and concussed Bar manager, Troy Guilfoyle was also questioned, and despite his recount of the events that took place, including Mr. Bullock assaulting him, no statement was taken [5] and he was told to "walk away".
Mr. Nierop maintains that almost all witnesses for the Crown were combatants against himself and other staff; one Crown witness, the Hotel's Manager, only saw patrons throwing punches [6], and another witness, an off-duty Police officer that was later transferred to Dee Why Police Station [7], gave her statement to Dee Why Police two weeks later without making contemporaneous notes.[8]
In Trial it was found that this officer gave varying accounts in court compared to her statement. Mr. Nierop puts this down to the Police “manufacturing their own witnesses”. It was suggested by the defence that the officers’ speedy transfer to Dee Why was a result of her assistance in the case against Mr. Nierop & that she colluded with her room-mate who also made a statement.[9]
On the night of Mr. Nierop's arrest and charging, he was told by a Detective Senior Constable, despite offering witnesses: “Let me deal with you tonight, and if you’ve got any witnesses, they can some see me”. Then, Dee Why Police claimed they did not investigate further into his case because of evidence already tendered to them, however, Mr. Cuca, a witness for the Crown and linked to the Mr. Bullock, made it clear in his statement to them that Mr. Bullock was ‘out of control’ and ‘dangerous’ [10].
Later, The Manly Daily published an advertisement by direction of the Police, seeking witnesses to an “assault on a patron” at the venue [11] even though they had known that Mr. Nierop had been assaulted.
A week before Trial, Dee Why Police went to the home of an independent witness to issue a subpoena, and what can only be described as an attempt to pervert the course of justice made extreme remarks about the incident and about Mr. Nierop to the Witness; including telling the witness that Mr. Bullock had almost died, that CCTV clearly showed Mr. Nierop “coming over the top” of Mr. Bullock and that Mr. Nierop dragged Mr. Bullock "bumping his head" down the stairs, into the street. All these claims were proven to be false.
The same week Mr. Guilfoyle, who was asked to come to the Dee Why Police Station to pick up his subpoena, was questioned on-the-spot about his recollection of the events that night. The police, by Mr. Guilfoyle's own description “scoffed at his account” and proceeded to tell Mr. Guilfoyle their version of events. Mr. Guilfoyle told Mr. Nierop’s solicitor that after the event he felt intimidated and threatened.
Due to interim restrictions placed on his Security Licence, Mr. Nierop lost his jobs. When Dee Why Police learned that Mr. Nierop had regained employment, they threatened to arrest him if he worked at any Manly Sea Eagles home games, work for which he had written approval from the Security Industry Registry to undertake.
Since the assault on Mr. Nierop, he has undergone unacceptable treatment as an Australian citizen for 4 years. Mr. Nierop says about his situation:
“I lost everything I own, I had to live with a life sentence hanging over my head for a year, I was tortured, abused and humiliated at Dee Why Police Station on the night of my arrest; my ability to earn a second income as a bouncer was negated for life, I am over $100,000 in debt due to court costs, I am addicted to sleeping pills and have aged 5 years in 1 due to the stress.
I am on a commandos “payback list” and sleep next to iron bars, personal information given to police is now public knowledge in the community, I have been called a coward on the front page of the Daily Telegraph due to the seriousness of the charges, and the Manly Daily incorrectly reported the facts for the whole month of trial because I dared to criticise them.
I was also sacked from both my fulltime jobs because the police told my bosses that the commando would die, at the same time he (Mr. Bullock) was at the football with his mates; on the same day as the incident.”
Mr. Nierop’s Solicitor was able to establish that Dee Why Police had been “after him (Mr. Nierop) for a while”, they believe because of Mr. Nierop’s refusal to bend the law for local police in regards to intoxication levels at the Hotel.
After a number of articles that publicly humiliated Mr. Nierop, including one that called him ‘Cowardly’, the Judge made note that journalists – in relation to media during his trial – would be wise to wait for his sentencing before publishing what they think happened.[12]
When the PIC was informed of the issues by Mr. Nierop, they referred the issues back to Dee Why Police Station for investigation. Mr. Nierop challenges many of the claims in the report by the Inspector, and finds it astounding that the PIC would not have issued another body to investigate the matter.
It is believed the problem has been born either out of a miscommunication, or an under appreciation of the information given. The PIC is seemingly under that the impression that the issue Mr. Nierop wants to raise is that there was a lack of investigation in to his case. However, whilst it is still an issue, this is not the key point that Mr. Nierop puts forward.
Mr. Nierop is glad the case is behind him, and that it was proven that he was not acting unlawfully when he acted to protect Mr. Guilfoyle.
What he puts forward is a case where his charges were borne out of corruption from officers disgruntled at not being shown favour by Mr. Nierop and for being involved in an incident with Mr. Bullock and associates; their friends. This situation has been made worse by a failed mechanism of accountability.
Due to the PIC/Ombudsman’s ‘one-review’ policy, the PIC/Ombudsman now refuses to investigate the matter any further. A view Mr. Nierop is not at all impressed with.
In February 2009 the Victims Claims Tribunal sent a bill for $7,000 [13] to Mr. Nierop for compensation to Mr. Bullock after Dee Why Police advised the VCT that Mr. Nierop had been convicted of the offence. The VCT later withdraws the claim after it was drawn to their attention that Mr. Nierop was not convicted [14]& that Mr. Nierop himself had been a victim of an Assault.[15] The Attorney-General's department has concluded that "no injuries appear to have been occasioned to this male person as a result of Mr. Nierop's 'strikes'".[16]
During The Pope’s visit to Australia for World Youth Day, Mr. Nierop was in charge of Security at Randwick and forged relationships with Senior Police commanders; and directed them to his website. A short time later, one of the security companies that Mr. Nierop worked for was searched and threatened with breaches if they continued to employ Dirk; a very clear message.
Most recently, Mr. Nierop has received a $5,500 fine [17] for an alleged infringement 17 months prior to the date it was issued on. Mr. Nierop has said that this constituted “Unauthorized access of the NSW Police Computer System” and was more evidence that there is a “vendetta against him because of his public fight against corruption”, but now had begun involving officers from another Police Station.
On the 2nd of October, 2009 Mr. Nierop's latest charges were dismissed at Waverley Court.
I am a patriotic Australian whose hand has been forced. I love my country, and my state, which is why I have publicly devoted my life to fighting the corruption I have uncovered. No Australian could read my story without being extremely disturbed. It is what you would expect from a tin pot 3rd world regime, not a democratic powerhouse like Australia. This website is a last resort. I have given every watchdog in the state the iron clad evidence, but they point blank refuse to act. Try not to laugh as they scramble to pass the buck, whitewash and delay. But when a judge of the district criminal court suggests the officer in charge of my blatant setup should “be in jail”,(Link to transcript pages (T-645-647+649) and that the “PIC should become involved”, (T-648) and nothing happens, drastic action is warranted. The proof of everything I say is on this website.
I am a security officer with 28 years bouncing experience, who has never even been questioned for using excessive force, let alone charged. On April 8th-2006, a group of 20 anti terrorist commandos and A grade rugby league footballers who had been on a 14 hour drinking binge entered the hotel I supervised. When I asked them to leave due to their outrageous antisocial behaviour, I was king hit in the jaw by their leader, nearly knocking me over the upstairs railing to my death; the only thing saving me was that I was hanging on to 2 of “the group” at the time because they were attacking one of my colleagues. As we were outnumbered 20 to 3, the barman attempted to assist; but when he himself was viciously attacked I knocked out their leader while still fighting up to 8 men.Unfortunately one of the group had a high ranking father and uncle who were both police officers in the local area. A week later I was arrested and charged with 25 year pre-meditated offences. The commando was not charged with assaulting me because of proven police connections between the football team that he captained and DY police station. (T-426+361+269-270+634) .The second motive police had was that they hated me because I acted without fear or favour and repeatedly ejected misbehaving, badge flashing, off duty DY police from the hotel. As I am hired to protect persons and property, I was just doing my job by asking "the group" to leave, as I was just doing my job by protecting the barman. To not have acted would have been negligent. I was forced to defend myself in a 4 week trial. The judge said that I "was a man of good character”, that I "broke no law”, that "I was doing my duty"and that the commando “got his just desserts”.(See: Sentencing transcript) Note that Bullock Lead commando-Captain Sharks A grade) was back playing A grade Rugby League two and a half weeks later and even scored a try.
In trial it was established that the police were aware that the group of 20 men instigated the violence and that most of the damage to the commandos face was from him diving down the stairs at the barman and smashing head first into a potplant. (Military mate of the lead commando, Quested, told the police and the court he saw the commandos face break the potplant - T-261) The Attorney Generals Department go even further; (Moral victory and notice of determination) They say that none of Bullocks injuries are due to me. They say he was the aggressor and that I was struck first. The police purposely refused to question the other security officers and ignored the top floor patrons who saw me assaulted. They told a sober, bloodied and concussed barman who had also been viciously assaulted to walk away and refused to take his statement. (T-1042) They put a biased add in the paper looking ONLY for witnesses to my assaulting the lead commando (biased ad) and when I was arrested and I told them I had a doctors certificate for a significant facial injury, (Link to Dr M- page T-290) and the other guards numbers in my phone, they said “we are still going to charge you and if there are any witnesses, we will sort them out later”. (whitewash p-11) All witnesses for the crown were men I was fighting (See: crowns case in transcript) except for an off duty police officer who was proven a liar in court, (See: Simpson in transcript) the stand in manager who only saw patrons throwing punches, (See: Sardelic in transcript) and a defence witness who took up the offer of becoming a witness for the crown, only to be threatened, lied to and harassed. The police were aware I had no choice in acting as I did, as one of "the group" admitted that the lead commando was "out of control" and "dangerous" (T-786-788)
The PIC/Ombudsman allowed the same officers that I had accused of corruption to investigate themselves; allowed them to delay and delay until just before trial and then accepted their report blindly. The Ombudsman happily swallowed everything the police spoon fed them; note how the police said that they did not interview anyone on the night because it was “too volatile”, (whitewash p-3) which was their excuse for not questioning the other security officers, who saw me king hit, or refusing to take a statement from the barman, who saw me king hit, or any of the hundred or so patrons that saw me king hit........Yet one of the main witnesses for the crown, Cuca, who is the best friend of the godfather of the lead commandos children, stated on the stand that he was interviewed and made a statement at 2am (T-101), half an hour after the incident. The barman testified in court that he told exactly what happened to at least 2 officers on the night of the incident (T-1042).
These are just some examples of the literally hundreds of lies, examples of blatant corruption, strategically timed delays and whitewashing exposed on this website.
I defied the odds and survived, due mainly to an unknown man of honour who witnessed the attack on me and defied the police’s threats, the commando’s threats and the footballer’s threats, and testified in court that the commando’s attack was “very explosive” and the “scariest thing he had ever seen”. (See: R…..’s testimony in the transcript). However, I lost everything I own, I had to live with a life sentence hanging over my head for a year, I was tortured, abused and humiliated at DY police station on the night of my arrest, my ability to earn a second income as a bouncer negated for life, I am over $100,000 in debt due to court costs, I am addicted to sleeping pills and have aged 5 years in 1 due to the stress, I am on a commandos “payback list” and sleep next to iron bars, personal information given to police is now public knowledge in the community, I have been called a coward on the front page of the Telegraph due to the seriousness of the charges, (See: media chapter) and the Manly Daily incorrectly reported the facts for the whole month of trial because I dared to criticise them (See: media chapter). I was also sacked from both my fulltime jobs because the police told my bosses that the commando would die at the same time he was at the football with his mates; on the same day as the incident.
Yet still I stand…………...............................………………………………………………Defiant
DY police abused their power to settle their personal debts and help out a mate, and the watchdogs have let them get away with it. I have drawn a line in the sand. I will not let them do this to anyone else. I will not stop the fight until justice is done.
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