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5th March 2008
Rev Nile Defends Police
Rev Hon Fred Nile MLC, Leader of the Christian Democratic Party, has publicly defended two Police Officers facing charges over a breach of privacy. Constables Tyrone Stacey and Brendan Ritson have been charged after allegedly informing Mr Garrick Jacobson that his supposed girlfriend, known as Brigitte Fell, was actually a man. Rev Fred Nile stated that the Police have a civic and moral duty to protect the public from crime and as such, the constables should be exonerated.
“An individual known as Brigitte Fell had a sexual relationship with one Garrick Jacobson without informing him that he had undergone a sex change? Mr Jacobson was deliberately deceived into believing that Mr Fell was a woman.
Section 61 (I) of the Crimes Act, is quite clear that a person commits the offence of sexual assault if one engages in sexual activity without informed consent. Informed consent in this case was not obtained because, pursuant to 61 HA Part 5 (a) of the Act, Mr Jacobson was under the “mistaken belief as to the identity of the other person”, Rev Nile stated.
“I’m surprised that to my knowledge, Mr Jacobson was not informed of this, nor was he offered any support or counselling. Whilst some may argue that these events were merely the result of a gross error of judgement on Mr Jacobson’s part, they do not absolve our responsibilities toward him. This is why we have this legislation, to protect all vulnerable members of the public regardless of age or gender, any perceived physical, mental or emotional weakness, impairment of judgement or degree of coherence.
The Police have a civic and moral duty to protect the public from such crime. Constables Stacey and Ritson should be exonerated,” stated Rev Nile.
Rev Fred Nile has also raised the issue with the Attorney General during question time in State Parliament yesterday:
Reverend the Hon. FRED NILE: I ask the Attorney General, and Minister for Justice:
· Is it a fact that transsexual Brigitte Fell had a sexual relationship with Garrick Jacobson without informing him that he had undergone a sex change?
· Is it an offence under section 61I of the Crimes Act to have sexual relations with a person without their informed consent?
· Is it a fact that Constables Tyrone Stacey and Brendan Ritson allegedly informed Mr Jacobson of this crime and subsequently were charged with a breach of privacy?
· Will the Attorney General take action to have the charges against Constables Stacey and Ritson reviewed and dropped?
The Hon. JOHN HATZISTERGOS: This is a matter that I understand is before the court. I decline to comment in those circumstances.