MARCH 2011: MINISTER REFUSES ANY ACT OF GRACE PAYMENT

LETTER FROM MINISTER GARY GRAY (2ND MARCH 2011) AND DAWN ROWAN’S RESPONSES

Preamble

The attached is a point-by-point set of responses from Dawn Rowan to the Minister’s letter refusing any compensation for the abuses perpetrated on her by the Commonwealth Government.

My (Dawn Rowan’s) responses are preceded by ==>> and highlight the deliberate efforts to mislead in the Minister’s 1½ page letter. I take full and sole responsibility for all the comments here.

==>> The original judgment by Justice Debelle found all four parties – the SA Government, Commonwealth Government, Channel 10 and the ABC TV - guilty and liable for my costs. The Appeal Court (three judges) reversed the liability of the Commonwealth and the two Television networks. The State of South Australia and its representatives remained the guilty party: but these three judges made me responsible (as the innocent party) for my costs (approx. $475,000) and the costs of these three parties. The guilty party – the SA Government – was ordered to pay only its costs! Bizarre!

==>> Further background factual information: see the original 300-page judgment - http://www.austlii.edu.au/au/cases/sa/SASC/2002/160.html
Also this summary of the Saga: http://jmm.aaa.net.au/articles/4728.htm

****

HON GARY GRAY AO MP

Special Minister of State

Special Minister of State for the Public Service and Integrity

Ms Dawn Rowan


PO Box 60
ST ANDREWS VIC 3761

REF: C10/1768

Dear Ms Rowan

I am writing in reference to your request for an act of grace payment of approximately $3.5m for alleged psychological injury and financial loss due to the Commonwealth initiating legal action and bankruptcy proceedings and the alleged delay in removing an injunction over your funds.

Dawn Rowan’s response: ==>> This document is malicious, designed to injure/assassinate. Alleged psychological injury? My medical reports provide overwhelming factual evidence of the appalling psychological injuries I have sustained over the past 25 years.

==>> Alleged delay? For five years the Federal Government chose to keep my assets frozen: so that I was not able to freely access bank accounts and any other resources.

In reaching my decision, I have considered the information provided in your correspondence of 10 June 2010 and 2 November 2010, several letters of support and advice from my Department. I am aware of the circumstances of your involvement with the Commonwealth and the decisions made by the former Minister for Finance and Deregulation, the Hon Lindsay Tanner.

==>> ‘Aware of the circumstances?’ I have appealed for any documentation attached to be used by the Minister in arriving at his decision, to be made available to me for comment. Response? Refusal. Therefore this minister has come to this decision based on two documents submitted by me out of a 25-year legal process and thousands of pages of documents in the Commonwealth’s possession. Departmental documents provided to me by Hon. Jenny Macklin and Lindsay Tanner contain evidence of a malicious campaign conducted by some bureaucrats against me. For example: a comment – against medical reports – by some bureaucrats in Jenny Macklin’s department that “Ms Rowan is not suicidal because there is no evidence of her having attempted suicide’!!!!

You have stated: “I believe that the Annulment of the Bankruptcy, rather than a simple waiver of the debt, acknowledges that the procedures by the Commonwealth were improper and should never have occurred at all. It would follow logically that the Commonwealth accepts liability for the extreme suffering on a day-to-day basis I have experienced since 2005”.

I note that you maintain that the Commonwealth bears some liability to you despite the finding of the Full Court of the Supreme Court of South Australia in which the Commonwealth was cleared from any liability upon appeal. It is my view that the appeal decision is the final and operative position regarding the Commonwealth’s legal involvement with you. While I consider that you did not frivolously or vexatiously take action against the Commonwealth, you did so knowingly, and the order for costs is an ordinary consequence of such action.

==>> ‘Cleared from any liability’? This is a cowardly statement – hiding behind a legal rather than a moral argument. My application for an act of grace payment was at all times based on MORAL not legal considerations.

==>> Knowingly? What choice does an innocent person have, when scandalized in full public glare with false allegations made about them of sexual abuse, financial corruption, and unethical work practices released under parliamentary privilege (‘coward’s castle’)? AND DEFENDED FOR 25 YEARS BY THE PERPETRATORS AS ‘JUSTIFIED’... even after all allegations had been proved false and malicious in court?

==>> This ignores the fact that the three judges conducting the appeal did not disclose previous associations with the guilty parties in this disgraceful episode of character assassination and abuse of political power. It is a criminal offence for judges not to disclose any association with people before the court.

==>> Their ‘unbiassed judgment’, strangely, overturned the previous finding of Malice by the only Supreme Court judge – Justice Debelle – to have read the all the evidence and to have heard all the witnesses.

==>> How can FIVE Government departments (Police Department, Corporate Affairs Commission, Crown Solicitor’s Office and Community Welfare in SA. and one Commonwealth Government – Community Services) ‘lose’ the same cohort of documents without a malicious conspiracy being involved??? Justice Debelle states in his judgment (June 2002: see paragraphs 87-94) http://www.austlii.edu.au/au/cases/sa/SASC/2002/160.html : ‘It is possible to understand that files from one department might have been inadvertently lost or destroyed. Coincidence cannot explain why files from five departments cannot be located.’

==>> This begs the questions which must be asked by Autralian citizens: Why was this done? How was all this coordinated? Who did it? And why? This is not just about me – this is about all of us. We are all potentially abused when our ‘democratically elected’ Government is free to perpetrate these frightening, malicious abuses of power against its own citizens!

==>> And why have the media been so silent about all this?

In accordance with his responsibilities for recovering debts under section 47 of the Financial Management and Accountability Act 1997 (FMA Act), the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs was required to recover the debt which resulted in you being bankrupted. While I understand this caused you stress, I am satisfied that the Commonwealth’s actions to recover the debt were reasonable and obligatory.

==>> Required to recover the debt? The Commonwealth Government claims to be ‘litigants of best practice’. They claim to be role-models for the Westminster system in Australia. God help us – in this context of denial of the truth, and exquisite practitioners of injustice. We are dealing here with a ‘LEGAL system’ not a ‘JUSTICE system’ – in which the truth is irrelevant. And the Commonwealth are indeed ‘best practice’ exponents of this shocking system!

==>> There is always a discretionary power that can be exercised by our elected politicians. Reasonable and obligatory? That is maliciously misleading.

Although the former Finance Minister exercised his discretion and waived your debt, he did not have the power to annul your bankruptcy.

==>> Didn’t he? The Commonwealth has complete discretion in terms of waiving so-called ‘debts’ owed to them. Check my earlier comment: there are discretionary powers frequently used here (often to politicians and their powerful mates).

As the Commonwealth was the only proved creditor in your bankruptcy, and as the debt no longer existed because it was waived, the bankruptcy was annulled.

==>> Re ‘proved’: This is because the Commonwealth was the only party to pursue me! See above: all three parties had the opportunity to pursue me for costs, but only the Commonwealth CHOSE to waste additional taxpayers’ money pursuing me to homelessness and destitution. Why did the two other parties – the ABC and Channel 10 – never pursue me for this alleged debt?

The former Minister also sought to expedite the annulment of your bankruptcy by waiving an additional amount of $6,283.74 which was owed to the trustee.

You also claim that there was a delay on the Commonwealth’s part in lifting the Mareva injunction. However, I consider that the removal of the injunction, which required a court order, was carried out in a timely manner.

==>> Five years of frozen assets... The Government alleges that’s in ‘a timely manner’???

While you claim to be in financial difficulty, and are reluctant to apply for social security benefits, it is not appropriate to use the act of grace mechanism to circumvent existing mechanisms or legislation which may lead to eligibility for Government benefits. It is open to you to test your eligibility for benefits with Centrelink.

==>> My financial condition has been fully documented for the Commonwealth Government. The word ‘claim’ is a carefully-chosen and misleading abuse of language. This is a smokescreen. This claim for compensation is a totally separate issue. It’s about losses incurred in my 25-year battle to clear my name, and be properly compensated for injuries perpetrated upon me by the Commonwealth Government.

==>> Minister Gray: what would you have done if you had been vilified in this way?

On the basis of all the information before me, I do not consider it appropriate to authorise an act of grace payment to you as I consider that the Australian Government has met its moral duty in providing discretionary relief to you by waiving your debt and there are no special circumstances that warrant payment in this case. Accordingly, I have declined, pursuant to section 33(1) of the FMA Act, an act of grace payment of approximately $3.5m to you.

==>> Regarding the Commonwealth’s having ‘met its moral duty’: I would challenge the minister to a public debate with me where he can attempt to justify his statement that he has ‘met [his] moral duty’ and that ‘there are no special circumstances’ in this case.

I have also enclosed an information sheet with the options you have in respect of the decision.

Yours sincerely

Gary Gray

2 March 2011



Shalom/Salaam/Pax! Rowland Croucher

http://jmm.aaa.net.au/

Justice for Dawn Rowan - http://dawnrowansaga.blogspot.com/

ACT OF GRACE PAYMENT - PLEASE ASK YOUR FEDERAL MEMBER TO ADVOCATE WITH HON. GARY GRAY

Dear (Australian) friends,

On behalf of Dawn Rowan's Support Group, I'm asking a small favour from everyone of you as we reach the end of the campaign for justice for her:

1. Find your local Federal member of parliament (House of Representatives and Senate) from these lists:

http://www.aph.gov.au/house/members/memlist.pdf

http://www.aph.gov.au/senate/senators/contacts/los.pdf

2. Send them a copy of the letter below, with a personal note from you expressing your amazement that this can go on for thirty years!!!, and urging them to intervene/advocate for Dawn with Hon. Gary Gray to make a generous Act of Grace payment.

Thanks everyone (oh, and email me any responses you get).

Rowland

More: http://jmm.aaa.net.au/articles/4728.htm
http://dawnrowansaga.blogspot.com/

*****


To: The Hon. Gary Gray AO MP 25 January, 2011
Special Minister of State

Dear Minister Gray

I am writing as the convenor of supporters of Ms. Dawn Rowan.

Within the next fortnight I understand from your staff that you will be receiving a submission concerning Ms Dawn Rowan’s Act of Grace payment application.

It will detail the horrendous history of this case, which began in 1981, in which individuals and politico-legal entities have persecuted an innocent woman. The Christies’ Beach Women’s Shelter she led was defunded by the South Australian and Federal Governments due to false allegations against Dawn. She won the subsequent defamation and misfeasance (abuse of public office) case against the S.A. Government, the courts finding her innocent of every charge. The Supreme Court of S.A. determined it to be a ‘shocking defamation’.

Yet, perversely, costs to the value of Dawn’s home were awarded against her! As the proven innocent victim of government slander, she was the only one left with a debt!

You will be aware of the subsequent events: bankruptcy; later annulment of bankruptcy by Hon. Lindsay Tanner; Minister Jenny Macklin’s recommendation of a waiver of Dawn Rowan’s alleged ‘debt’ to the Commonwealth, and now, finally, an Act of Grace application in which her financial, professional and emotional deprivation and suffering will be acknowledged. She spent more than $1.5 million defending herself over 20 years of court hearings.

When Australian citizens/tax-payers have learned that an eight-figure sum of their money has been wasted prosecuting this case against an innocent woman (not to mention the astonishing fact that five Government departments destroyed or mislaid relevant documents relating to the case) they have been demanding some answers.

I want to pay tribute to Ministers Jenny Macklin and Lindsay Tanner, who have acted honourably and with integrity in the penultimate stages of this saga.

I encourage you to be generous in ascertaining and awarding a just and adequate payment as compensation for the suffering all this has caused Dawn Rowan.

I am happy to be contacted by phone or email if further information is required.

Yours faithfully,

(Rev. Dr.) Rowland Croucher
rccroucher@optusnet.com.au

PLEASE CONTACT PENNY WONG - THE NEW FINANCE MINISTER: September 11, 2010

Friends, Prime Minister Julia Gillard announced her new cabinet today.

We urge you to contact Hon.Penny Wong, the new Finance Minister (after the retirement of Hon. Lindsay Tanner).

The email doesn't have to be long. Here's where to do it:

http://www.aph.gov.au/Senate/senators/homepages/contact.asp?id=00AOU

Let's be courteous (congratulate her), and let her know there are many supporters of Dawn Rowan out in the electorate who will be expecting her to continue the good work Jenny Macklin and Lindsay Tanner have begun to provide some justice for Dawn Rowan.

Hopefully the last step in this long 20+ years of torture and vilification against Dawn - whose innocence has been affirmed during every stage of the court proceedings - will conclude shortly.

Let us encourage Finance Minister Penny Wong to make a generous 'Act of Grace' payment to Dawn Rowan as an acknowledgement of and compensation for the pain she has suffered through this tortuous process.

You might like to send a similar email to the Prime Minister, Julia Gillard -

http://www.pm.gov.au/PM_Connect/contact_your_pm_form

And to these powerful people -

http://www.roboakeshott.com/

Tony.Windsor.MP@aph.gov.au

senator.bob.brown@aph.gov.au

Note: we have no idea how much if anything the above four persons know about the Dawn Rowan Saga: so feel free to summarize the story in your own words and direct them to this blog ( http://dawnrowansaga.blogspot.com/ )

Please use your own words and email me with any responses you receive - rccroucher@optusnet.com.au

Thanks everyone!

(Rev. Dr.) Rowland Croucher (Convenor of Supporters of Dawn Rowan)

UPDATE: 14 JUNE 2010

An email I received from Dawn a couple of weeks ago: "The Australian Government Solicitor (AGS) froze my assets with one hours' notice in a court hearing in Adelaide in 2005. My solicitors notified me it had happened 4 hours later.

"This 'Mareva Injunction' was the legal tool used to take COMPLETE control over every aspect of my finances, house & possessions in an instant ambush, & maintain absolute control for as long as it suited them. This was effortlessly achieved in our Australian 'Democracy' against an INNOCENT person, by gross abuse of power from the unlimited power & tax-payers' money available to the Commonwealth Government.

"For 5 years I have not been allowed access to any more than $500 per week, regardless of major funds needed for defending the Bankruptcy proceedings the AGS then conducted against me over the next 3 years. I was also unable to pay any large expenses such as local council rates, house maintenance, superannuation contributions etc, with predictable results.

"However, when the bankruptcy was annulled in October 2009 through the decency and kindness of Federal Ministers Lindsay Tanner & Jenny Macklin, the AGS ignored their responsibility to REMOVE the injunction, & it took 6 MONTHS to finally get this cruelty cancelled (25th May, 2010)!!!

"1 hour to impose......6 months to remove!!!!!! Double standard?..... Deliberate abuse of power?..... Persecution by the AGS because I had the temerity to stand against their injustice?..."

***

Dawn has just submitted to the Australian Finance Minister, Lindsay Tanner, a submission for an 'Act of Grace Payment' - compensating her (a little) for the seven-figure sum of $A dollars she has spent fighting for justice in the courts, forfeited in lost earnings and superannuation, not to mention the personal/psychological trauma she has suffered for the past quarter of a century.

I'm writing a brief email to Federal Minister Lindsay Tanner, *and would encourage each of you to do the same*. Put it into your own words, but mine will go like this:

*****

To: Lindsay.Tanner.MP@aph.gov.au

Dear Mr Tanner: first, thank you for the outstanding act of compassion you have shown to Dawn Rowan in annulling the bankruptcy order against her, and waiving her 'debt' to the Commonwealth.

We, her large group of supporters, have deliberately withheld exerting any pressure on you during recent months, while the Mareva injunction saga was resolved (it happened just a couple of weeks ago).

However, we understand that she is now submitting an application for an 'Act of Grace payment'.

I would urge you to extend your compassion and generosity just this one last time, to compensate her for the horrific financial and personal toll this has taken on her life over the past near-quarter century.

Yours respectfully

(Rev. Dr.) Rowland Croucher.

*****

On behalf of Dawn and her many supporters, could I encourage you to send a similar *brief* email to Mr. Tanner (Lindsay.Tanner.MP@aph.gov.au). Bounce any replies to me. Thanks!

*****

PS. If my fellow-clergypersons/ preachers want to use this material for preaching, try anchoring it in these texts: Luke 18:1-2, 2 Chronicles 19:4-6, Amos 2:6-7, 5:10-13.

NOVEMBER 2009 UPDATE

Hi friends

Here's a little piece I've written for the Victorian Baptist Witness - December edition. So it's mainly about Baptists, but thanks to all others who've stood with Dawn over the past several years...

*****

In Harold Pinter's Play 'Party-time' people are drinking good wine and chatting with friends and smiling... but something is happening outside in the street, something terrible and oppressive and unjust. There's a moment of silence and discomfort but soon they forget it and go back to their wine and chatting and smiling...

In the Dawn Rowan Saga something terrible and unjust was happening, but fortunately some of us left the party, and were shocked at what we saw, and decided to do something. We were shocked at the corruption-in-high-places, and the desire of people with power to destroy someone who simply wanted to help battered women.

For example, how can five government departments lose the same cohort of documents and no one gets agitated and starts an investigation? How is it that a court can award some of the costs of a guilty party (the South Australian government) against the person declared at all points in the long legal process to be utterly innocent? Many lawyers have told us this sort of thing doesn't happen in Australia! Why would any politician - however malicious their motives - have the audacity to shut down a women's refuge on the basis of lies and 'unsubstantiated allegations'? (Check Wikipedia's article on Dr. John Cornwall - his only claim to fame according to whoever wrote that is what he did to Dawn Rowan!).

I've seen firsthand Dawn's expertise in the area of counselling victims of domestic violence - especially her brilliant therapy with adult survivors of childhood sexual and other abuse. If a government department or anyone wants all this stopped, you've got to ask legitimate questions about conspiracies. 'If you don't have a conspiracy theory about this you're being irresponsible' is a common Dawn Rowan quote.

Thanks to all of you - Alan Marr, and pastors and people and churches - and others - who've helped with your emails, attendance at the Vigils, financial support etc. Dawn has won the first battle: her bankruptcy has been annulled. Lindsay Tanner has verbally agreed to waive the 'debt' to the Commonwealth - though we have yet to see that in writing. The third battle which hopefully will 'win the war' has to do with the sensitive matter of compensation. Don't write to anyone about that, but you can email Lindsay Tanner and simply thank him for the positive attention he's giving to Dawn Rowan's situation (that's all, thanks).

On Sunday November 8th, Dawn's friends at East Doncaster Baptist Church rejoiced with her, and prayed for her. To Dawn, they said, we offer you our love and support and admiration for your courage in this long fight for justice.

(If anyone's been on another planet - or enjoying their party - and hasn't heard about all this, simply Google Dawn Rowan: it's all there).

Rowland Croucher

DAWN'S BANKRUPTCY IS NOW OFFICIALLY ANNULLED!

From Dawn yesterday (2nd October 2009):

"I have in my hand a 'Certificate of Annulment', dated 12 Aug 09, (letter dated 25th Sept 09).

I understand this means that the bankruptcy is 'dead in the water'.

We've also had a verbal commitment from the Minister that the debt to the Commonwealth of Australia is waived although this is yet to be confirmed in writing."

We'll keep you up to date with developments.

After a quarter of a century we're hopefully coming to the end of this saga: thanks everyone for your support, emails, petition signatures, attendance at vigils etc.

===>>> If you'd like to help 'bless' Dawn (who's still broke and in debt) with a decent month-long holiday, please send gifts (tax-deductible for Australians) to Well-Being Australia (BSB: 063 191 Account 1012 2484): email me (rccroucher@optusnet.com.au) a copy of the transaction, and I'll send a receipt for your tax file. Or you can post a cheque to WBA: email me for the address.

Thanks again!

Rowland Croucher

THE PETITIONS HAVE WORKED

1. Mr. Tanner, Australian Minister for Finance and Deregulation, has publicly indicated his desire to resolve the Dawn Rowan 'case'. We are hopefully very close to a settlement.

Click on the links here: http://www.aph.gov.au/house/committee/petitions/finance.htm

Thanks for all your letters, emails, helping at the Vigils, and collecting signatures for the two sets of petitions to the House of Representatives.

For the time being I'm holding the petitions to the Senate you've sent as they address the 'waiver' issue: thanks to all who collected those signatures.

2. Dawn desperately needs a month of Respite. How about we find $10,000 to give her a decent holiday (eg. a month's cruise which she'd love)? You can send gifts to our tax deductible entity, Well-Being Australia (BSB: 063 191 Account 1012 2484): email me (rccroucher@optusnet.com.au) a copy of the transaction, and I'll send a receipt for your tax file.

Thanks everyone! We'll keep you posted as developments occur.

Shalom!

Rowland Croucher (for Dawn Rowan).

GOOD NEWS - SEPTEMBER 1, 2009

Thanks everyone for your support for Dawn. The good news is that Oz Finance Minister Lindsay Tanner has initiated a process of 'discussing' a possible settlement. Dawn and her lawyer met with officers representing the Minister yesterday (August 31). You can still send me the signed Senate Petitions, but let's not bother Mr. Tanner at this sensitive time. Watch this Blog for updates

EXAMPLE OF LETTER TO LINDSAY TANNER

Please, everyone, keep up the pressure on Lindsay Tanner
(Lindsay.Tanner.MP@aph.gov.au)

Hon. Lindsay Tanner
Minister for Finance

20th July 2009

Dear Mr Tanner

You will have noticed Jimmy Carter's recent article on equality/justice for women. In the light of his comments, I refer yet again to the plight of a true Australian, whose desire has only been to help people in need.

Dawn Rowan's compassion for victims of domestic abuse led to her being falsely accused.

Since the courts declared her innocent, the Federal Government has bankrupted her!

Why?

Dawn is an intelligent, once-energetic Australian who wanted to make a difference.

Jenny Macklin apparently understood that when she recommended to you a waiver of Dawn's 'alleged' debt to the Commonwealth.

Almost fifteen months later we are still awaiting your decision. Dawn is barely existing while trying to eke out an existence occasionally lecturing at a TAFE on domestic violence.

Please! Do I have to alert those World Elders of this case? Her story is attracting critical attention around the world. Comments from non- Australians about 'How can this happen in a modern democracy?' etc. are embarrassing.

I anxiously await your response.

Sincerely

(Rev.) Janice R Croucher
(a once-proud Australian).

PS 1. Are there any women on the panel you have appointed to advise you you on this matter?

2. Do they/you intend to act with integrity by personally interviewing Dawn and her legal advisor?

Dawn Rowan Update Q&A June 24, 2009

1. What's happening? We don't know. Lindsay Tanner's 'three wise men' are presumably poring over the same documents examined over and over by bureaucrats before them (your taxes at work!).

===>>> 2. What has to happen to smarten things up a bit? Lindsay Tanner has to hear from us again - *en masse*. That means each of us writing a strong, courteous email to Lindsay Tanner (Lindsay.Tanner.MP@aph.gov.au) simply asking 'What's happening? This has gone on too long!' And encourage your friends/networks to do the same: also email your local Federal Member and ask her/him to intercede for Dawn.

3. What happened to the 1000+ signatures on the petitions? They were successfully submitted to the House of Representatives on May 25. We're now collecting more. Feel free to email me for an attachment you can get your friends to sign.

4. Is the Wikipedia article up? Yes, and is attracting some positive attention. Our thanks to the editors who have helped.

5. And the Vigils? More to come, when Dawn is up to it. It's been a hard time for her.

Thanks everyone for your support!

Shalom/Salaam/Pax! Rowland Croucher

http://jmm.aaa.net.au/

Justice for Dawn Rowan - http://dawnrowansaga.blogspot.com/

DAWN ROWAN IN WIKIPEDIA

A friend has written up a precis of Dawn Rowan's story for Wikipedia. Check it out! It's a good summary of what happened...

Also - there's one there on Dr John Cornwall (interesting!)

We're waiting for the 'three wise men' ('advisors') to help Minister Lindsay Tanner make a decision about Dawn. Watch this space.

PS. Here's an interesting article on legal/judicial aspects of the awarding of costs against a litigant. (If the link doesn't work, Google The Age's article titled Money should be no barrier to pursuing a worthy cause.)

NEXT MINI-VIGIL POSTPONED

Thanks to all who helped with last Saturday's mini-vigil at the Bourke Street Mall. The large banner was terrific - thanks Michelle and others who made it.

There were many signatures on the petitions: these will be submitted to the Federal Senate within the next few weeks. Anyone want another petition? Email me and I'll send one.

===>>> Dawn has decided to defer the next mini-vigil. There are now - hopefully fruitful - discussions between her lawyer and Lindsay Tanner's officers about resolving this injustice. We'll let you know if/when we resume.

Shalom/Salaam/Pax! Rowland Croucher

http://jmm.aaa.net.au/

Justice for Dawn Rowan - http://dawnrowansaga.blogspot.com/

STOP PRESS

It's the middle of May - one year after Jenny Macklin's recommendation to waive the debt Dawn owes the Commonwealth of Australia - and Lindsay Tanner has finally done something.

What, you ask?

Wait for it (you'll be surprised...)

He's appointed three people to advise him re this matter.

Well, that's better than the continuing silence and inactivity.

We'd love to know who these three people are, and whether they'd be prepared to meet with Dawn and her lawyer personally, rather than engage in a protracted exchange of letters and emails.

===>>> Anyone who can be at the Bourke Street Melbourne GPO steps this Saturday (23rd May) anytime between 12 noon and 4 pm, would be most welcome. And it would be a good opportunity to meet Dawn personally.

===>>> And keep those signed petitions coming in (email me for a copy if you don't have one).

Thanks for your support everyone!

Shalom!

Rowland Croucher

MAY 9 2009 UPDATE

(For any who need to know the details of perhaps the greatest contemporary travesty of justice by the politico-legal system against an Australian citizen see the Channel 7 TDT video on the frontpage of http://jmm.aaa.net.au - and chase the links near it).

1. Thanks again to all who supported the 26-hour Easter vigil. We gained over 1200 petition-signatures. Barney Zwartz wrote that excellent article in The Age. It got a mention on a couple of radio talk-back shows (we need to work harder in that arena) and a lot of people became aware of Dawn's plight. (The Diamond Valley Leader has also done a frontpage article on Dawn's story this week).

2. Keep hammering away at Lindsay Tanner's email inbox (Lindsay.Tanner.MP@aph.gov.au): politely, and firmly asking why it's taken so long to make a decision about waiving Dawn's debt to the Commonwealth. Mr. Tanner is obviously preoccupied these weeks with The Budget and we respect his excellent work on our behalf in terms of his Finance portfolio. But 22 years of Dawn's suffering is too long, and a whole year since Jenny Macklin's recommendation that the claim be waived is long enough, surely. Who was that guy in WA who was imprisoned unjustly and last week received a $3.5 million payment in compensation? Dawn's also innocent, and has been imprisoned longer!!!

3. Dawn and I had a useful 45 minutes with my local Federal Labor member, Mike Symon and his PA Pauline a couple of days ago. Dawn did a brilliant job - as usual - in summarizing her case. Mike has agreed to process the petitions in the House of Representatives when it meets again next week.

4. A group of Dawn's key supporters met last Saturday to plan the next phase of our protest, and we agreed to hold regular rolling 'mini-vigils' in very public places - like the GPO steps in Bourke Street - most Saturdays (to start with) 12 noon to 4 pm. I'll be asking a leader to take charge of the process each time to organize things.

===>>> Who's available Saturday May 23rd to join Dawn there between 12 noon and 4 pm? Just turn up: look for the banner and placards. Email me to confirm you'll be there, so we have an idea of numbers...

5. Dawn is receiving invitations to talk to churches and groups about her story. Email her (dawn.rowan@optusnet.com.au) if you'd like her to do that. Philip Island Baptist Church, Sunday May 17th is the next: with my wife (Rev.) Jan Croucher preaching there as well. Thanks Craig Semple and your people for all your support!

6. Please keep the petitions coming: they can be lodged progressively as we accumulate them. Make sure there's a *name* and *signature* on each line. Addresses aren't required these days. Post them back to me when you've got all you can. I'll send a Word document for you to print off if you email me (rccroucher@optusnet.com.au)

Finally a quote from our Australian Prime Minister's favourite theologian:

"Christianity stands or falls with its revolutionary protest against violence, arbitrariness, and pride of power, and with its plea for the weak. Christians are doing too little to make these points clear ... Christendom adjusts itself far too easily to the worship of power. Christians should give more offense, shock the world far more, than they are doing now." Dietrich Bonhoeffer

Shalom/Salaam/Pax! Rowland Croucher

http://jmm.aaa.net.au/

Justice for Dawn Rowan - http://dawnrowansaga.blogspot.com/

MORE VIGIL-PROTESTS

Hi supporters of Dawn Rowan

Thanks again for your help with signatures on petitions, (please return them by post to the address on the form, before the end of the month) and especially for those who turned up to the Vigil outside Lindsay Tanner's office - about 150 of you.

We're continuing with 'rolling vigils' and a group of us is meeting within the next ten days to plan them. Major Melbourne intersections? Shopping Centres? Banners? Feel free to send your ideas to me.

A supporter has pointed out this significant item: The Commonwealth Ombudsman's site states under the heading dealing with debt: "If a person applies for waiver or write off, they should be kept informed of progress on their application, of any decision that is made, and the agency or officer making that decision. Applications for special treatment should be prioritised by agencies to ensure they are dealt with in a timely manner that takes account of people's special circumstances."

On the face of it twelve months for Lindsay Tanner to make a decision favourable to Dawn seems a long time, especially when all the relevant material was worked over by Jenny Macklin's advisors beforehand.

===>>> How about writing to the Finance Minister, Lindsay Tanner - Lindsay.Tanner.MP@aph.gov.au - and asking him if the Department of Finance has similar guidelines?

Thanks everyone!

Rowland Croucher

THE VIGIL: RETROSPECTIVE

This is the first time - in 71 years of living, and about 40 years of stirring on social justice issues - that I've participated in a public protest.

I'm not 'that kind of person', but this gross injustice has got me wound up.

Being a clergyman, I'm generally treated with respect, sometimes with deference. So it's an interesting experience to be ignored by passers-by as if I were a lamp-pole. Our 'special advisor' Simon Moyle told us to expect anything - including being spat on, or even roughed up.


The West Melbourne police were terrific. They were there just after 6 am to greet us, and drove by - even waved - a couple of times during the Vigil. As someone said to radio station 3AW, these 'grey-haired protesters are unlikely to cause trouble'. The Federal Police also came by at least once (that we know of) and made sure we were not causing trouble to the 3rd or 4th highest-ranking politician in the country!

The media coverage, given that this was our first attempt at a public demonstration, was excellent. Special mention must be made of Barney Zwartz of The Age. How he did the research for his article on Dawn, plus write three or four other articles on Easter-themes over two days, beats me.

About 150 people turned up to help. We got about 1000 signatures on petitions, handed out about 5000 leaflets. Rev. Alan Marr (General Superintendent of the Baptist Union) and I made separate contacts with Lindsay Tanner's staff-members. ('He doesn't talk to those for whom he is considering a waiver of debts to the Commonwealth': I presume that also included the Governor-General who had a tax-debt waived).

The responses from people on the street were interesting. One young party-goer did a rap-dance for us. Another said 'That sucks!' when told what it was all about. Another 'sloshed' night-clubber offered to break a few windows for us! A couple of legal people said 'Issuing costs against the innocent party, and letting the guilty party off scot-free, is not supposed to happen in our legal system!'


When it was all over, a few of us adjourned to hot-cross buns and coffee at the West Melbourne ('Eighth Day') Baptist Church up the road. (The nearer evangelical Anglican Church wasn't interested in us). Gary Heard put together a very thoughtful service, inviting us to ask 'Where am I in the story of Good Friday?' Until now, I said to myself in the silent reflection-time, I'd be an anonymous person in the crowd, or at best I'd find out a few things for myself at night in secret as Nicodemas did. But in this situation I've moved towards engaging the Powers, as did Joseph of Arimathea.

I don't know a more worthy cause than this one. Why it would take nearly a year for Lindsay Tanner to issue a directive waiving Dawn's costs (as recommended by his colleague Jenny Macklin) is beyond my comprehension. It makes good political sense; it melds with the Labor Party's avowed 'social justice' stance; and it would save Lindsay Tanner from the negative news coverage he'll continue to receive on this story. We're now planning weekly 'rolling vigils' until this matter is settled. Feel free to join us!

Rowland Croucher

Easter 2009

ARTICLE IN 'THE AGE' DURING THE VIGIL

This woman took on two governments and won, so why is she in debt and fearful of losing her house?

* Barney Zwartz

* April 10, 2009


[Dawn Rowan and the St Andrews home she may lose any day after 20 years of litigation. Photo: Jason South]

THIS woman may lose this house and be thrust penniless onto the street at any moment because she took on the South Australian and federal governments — and won.

Dawn Rowan's 22-year saga is an instructive case of how the law can seem to defy justice. Her last hope now is that the Commonwealth Government, which had her declared bankrupt, will forgive her debt. Her supporters held a 26-hour vigil outside Finance Minister Lindsay Tanner's office from 6.30am yesterday.

"For me, every day is torture since it began," Ms Rowan said yesterday. "I did not believe this could happen in Australia."

It began in 1987 with a farrago of lies in the South Australian Parliament, which eventually brought Ms Rowan a $500,000 payout — and may end with her eviction without notice. Along the route came a plethora of court cases and independent investigations that always vindicated her but gradually left her worse off. There was also the strange coincidence of five different government departments all losing the same papers relating to her case.

Ms Rowan, now 63, was a noted anti-domestic violence campaigner in the 1970s and '80s. She ran women's shelters and developed the concept of "the battered wife syndrome". A powerful and forceful personality, she offended important bureaucrats and politicians in South Australia, a Supreme Court judge said.

In 1987, when Ms Rowan was running the Christies Beach women's shelter, a report was released in State Parliament that claimed she sexually and physically harassed women in need, intimidated them, misappropriated funds, used unprofessional, inappropriate and exploitative client-counselling practices, was professionally negligent, used operating costs to augment salaries, failed to co-operate with community services department staff, and persistently overspent.

"They threw everything they could at me, except running a brothel and a stolen car racket. None of it was true, and they knew it," Ms Rowan says.

The case took a decade to come to court, with many procedural challenges on the way. But in 2001, Ms Rowan represented herself in a five-month trial against the SA and federal Governments (plus the ABC and Channel 10 for defamation).

Justice Bruce Debelle found that every accusation was false — and known to be so by then health minister Dr John Cornwall and the main compilers of the report when they published it in Parliament (except the charge of overspending, which was not due to mismanagement). Separate investigations into Ms Rowan by the South Australian police, the Corporate Affairs Department, a Senate select committee and the ombudsman all cleared her, she says.

Justice Debelle found that the accusations were a "shocking libel" motivated, in the case of some defendants, by malice (which removed the defence of parliamentary privilege) and found Dr Cornwall guilty of misfeasance (releasing the report under parliamentary privilege knowing it was false).

All the defendants appealed, and in 2004 three judges upheld the findings except for one key difference: they rejected malice. Then they awarded costs against her for the Commonwealth, ABC and Channel 10. Ms Rowan went back to the Supreme Court to allege bias against the judges but failed.

An application to appeal to the High Court also failed, and the Commonwealth had her declared bankrupt in 2007.

"The Commonwealth has been brutal. They froze my assets in Adelaide, which has been very humiliating, and allow me $500 a week to live on, which means my debt has grown," Ms Rowan says.

Ms Rowan's last hope was an appeal for clemency, which she says sticks in her throat because she is innocent. Community Services Minister Jenny Macklin supported her in a letter to Lindsay Tanner last May, but there has been no reply. Nor did Mr Tanner's office return calls to The Age.

Ms Rowan is now emotionally and physically exhausted. "I'm bloody good when I'm in performance mode, but apart from that I'm in bed with the pillow over my head," she says. But the fear remains that her bed and pillow can be taken at any moment, along with everything else.

http://www.theage.com.au/national/this-woman-took-on-two-governments-
and-won-so-why-is-she-in-debt-and-fearful-of-losing-her-house-20090409-
a24y.html?page=-1

http://tinyurl.com/dfa49z

And here's the YouTube summary of the vigil: the download is a bit patchy, but you'll get the feel of the event. Thanks Simon Moyle for putting this together.



http://www.youtube.com/watch?v=En7hWnIys7w

VIGIL PRESS RELEASE

PRESS RELEASE: FOR IMMEDIATE RELEASE

Monday, April 6th, 2009, 5 pm.

PROTEST VIGIL OUTSIDE LINDSAY TANNER'S OFFICE

Several hundred protesters will hold a 26-hour 'Rolling Vigil' outside Federal Finance Minister Lindsay Tanner's Melbourne office this Thursday and Friday.

They are protesting Mr Tanner's tardiness in making a decision to free Dawn Rowan from a debt to the Commonwealth, which leaves her at risk of losing her home.

Dawn Rowan has been fighting for justice for over two decades, since the Commonwealth and South Australian governments closed down her Women's Refuge in the 1980s. This action was taken following 'unsubstantiated allegations' disclosed under parliamentary privilege - all of which were subsequently found to be untrue, malicious, and grossly defamatory.

Despite being judged innocent in several trials, Dawn Rowan is being pursued by the Commonwealth for costs - amounting to the value of her home in the Melbourne suburb of St. Andrews.

Rev. Dr. Rowland Croucher, who is coordinating the Vigil, said this week: 'This saga has cost tax-payers a seven-figure sum. Not to mention the "conspiracy in high places" which apparently coordinated the loss of relevant documents from five government departments! At any moment the Sherriffs could come and take Dawn's home from her. And I emphasize again, the courts have declared her innocent! It is the most despicable and protracted miscarriage of justice by the Commonwealth against an individual I have come across!'

Well-known human rights lawyer Julian Burnside QC says of the Dawn Rowan case: 'I have carefully considered your situation... You have exhausted all possibilities of legal recourse... It is now important that your story be known by the public rather than buried... Be more assertive in pushing this issue in the media. Exposure of the Commonwealth's shabby behaviour might cause a change of heart.'

Mr Tanner's ministerial colleague Ms Jenny Macklin recommended in May 2008 that in these unusual circumstances Dawn Rowan's debt to the Commonwealth be waived. She noted that Dawn's suffering and hardship had lasted long enough. Rowland Croucher added: 'Mr Tanner was extraordinarily swift in revoking the requirement for the recently-retired Governor-General to pay taxes he owed to the Commonwealth. Why is the Dawn Rowan case taking so much longer?'

Asked this week how she has survived all this injustice, Dawn said, 'Day to day survival over the past 24 years has been an experience of unrelenting physical, emotional and psychological torture. The awful loss of friends and reputation has been life-threatening. My quality of life has been destroyed. It's very frightening that any innocent person who speaks out - in our land of freedom, Australia - can be the victim of vicious Government retribution. I have been declared innocent, and yet only I have to pay costs - and of course, my fellow-tax-payers!'

The Vigil will commence at 6.30 am Thursday April 9th, and conclude 8.30 am Good Friday morning. Venue: corner of King and Little Lonsdale Streets, Melbourne CBD.

More information: Contact Rev. Dr. Rowland Croucher [phone]
Information and photos of Dawn Rowan: contact her at [home phone]. Photos of protesters: anytime at the site.
Background: Channel 7 Today Tonight Video - http://jmm.aaa.net.au
Dawn Rowan's Blog: http://dawnrowansaga.blogspot.com/
Summary Article: http://jmm.aaa.net.au/articles/4728.htm

*****

Note to readers of this Blog: email rccroucher@optusnet.com.au for a copy of the Petition we're asking thousands of Australians to sign. The petitions may be copied, and not altered, and names and signatures on one side only. Thank you everyone!

A media release from 'Friends of Dawn Rowan'
Contact: Rev. Dr. Rowland Croucher
[home address]
Phone: [removed for privacy reasons]

THE VIGIL AND A PETITION FOR DAWN ROWAN

Just sent [Sunday April 5th] to people on Dawn Rowan's support-list. Email me at rccroucher[at]optusnet.com.au if you'd like your name added to that list.

Dear friends,

Thanks to the many here who have written to Federal ministers,
especially Lindsay Tanner, on behalf of Dawn Rowan, and included details
about Dawn's plight in your Blogs, Church Bulletins etc.

The time has come to accelerate the action, and I'm asking for your help. This morning almost all the East Doncaster Baptist people (where Dawn worships), signed a petition to the House of Representatives we're making available to churches and other groups. If you're able to encourage people - Australian citizens - to participate in this, please email me, and I'll send the petition as a Word attachment for you to print off copies. We have a couple of weeks to get names and signatures. A good and noble act of compassion for Easter! (See below for more).

You would all be most welcome at the Vigil... Details below...

Here's an 'email-out' just sent to Dawn's supporters:

*****

Well, the week of our Vigil to urge the Commonwealth - especially Finance Minister Lindsay Tanner - to act, has come: from 6.30 am Thursday morning April 9th until about 8.30 Good Friday morning several hundred of us will participate in a respectful Vigil outside Mr. Tanner's office.

Address: Corner King and Little Lonsdale Streets, in downtown Melbourne.

===>>> In today's Sunday Age there's a little story which made me jealous. Nine women, four men, four children and a small white dog visited Peter Costello's office to protest about Climate Change. They had given 24-hours' notice they'd be doing that (we've given Mr Tanner several weeks' warning). These people wanted to go in and hand Mr. Costello some black balloons and a letter. And guess what! Three federal police and two Victorian police officers showed up and barred their way.
After 'protracted negotiations' the group was allowed to pass on the balloons and letter to Mr. Costello's staff!

Why was I jealous? Well, that story got into The Age: nothing about Dawn Rowan has scored a story in The Age in two decades! (But one Age reporter has promised to cover the Vigil).

So would someone like to invite various police-persons to our Vigil if we can get a major newspaper to take some notice of Dawn's 24-year fight for justice? We're not even planning to meet Mr. Tanner (well, not this time).

:::::: TO THOSE ATTENDING THE VIGIL ::::::

===>>> Simply turn up, with your friends, and ask someone with a
'Justice for Dawn Rowan' badge who the team captain is. You'll be
invited to register by taking a badge and putting your Christian name on
it (and your email address on the back, if we need to contact anyone/
everyone afterwards).

The Captains: Rob Perkins (6.30 am Thursday to 12 noon), Chris Page
(12 noon to 6 pm), Gary Heard (6 pm to midnight), Jim Reiher and for
part of the time, Craig Campbell (midnight to 8.30 am Good Friday). Dawn
Rowan will be coming and going the whole time - as will my wife Jan and
myself. The Vigil ends with hot cross buns and coffee/tea and a short
Good Friday service at the Eighth Day (Baptist) Community - a couple of
minutes up the road (thanks Gary Heard and friends).

How will you be invited to help? Giving out leaflets (10,000 are being
printed), asking people to sign a petition (to the House of Reps, and
possibly also the Senate), talking with people (please brush up on the
story at http://dawnrowansaga.blogspot.com/,
http://jmm.aaa.net.au/articles/4728.htm and the Channel 7 videos on
http://jmm.aaa.net.au/ ).

(And, by the way, if anyone wants to make a tax deductible donation,
email me: the Vigil-specific expenses will be about $1000).

Are we breaking the law doing this? No: the Melbourne City Council
spokeswoman told me we're OK so long as we're civil and don't impede
pedestrian traffic. (Promising to be civil, we're encouraging crazy
radicals or evangelists to help us by staying away :-) !

What to bring? Maybe fold-up chair, warm clothes (forecasts: Thursday 10-23, Friday 12-26, both days fine), big umbrella, sense of
humour and/or adventure (!), candles in something to prevent them
blowing out in the wind, a biro that works, and a desire to help someone
who's been battling 'The Powers' for too long. Don't bring banners:
we're having some printed.

:::::: TO EVERYONE: THE PETITION ::::::

Email me for a copy (Word attachment) of the petition for Australians. You may copy it (but with no alterations, otherwise it's
void). Every page has to be the same (but of course with different names
and signatures). Addresses? Optional these days, apparently. Please
invite your friends/neighbours/enemies/church members etc. to add their
name and signature. Then post them to me (the postal address is on the
form) by *April 22nd*.

Thanks everyone! I'll be in touch after Easter...

Shalom/Salaam/Pax! Rowland Croucher

http://jmm.aaa.net.au/

*Justice for Dawn Rowan* - http://dawnrowansaga.blogspot.com/

PLEASE KEEP 2009 MAUNDY THURSDAY FREE!

We're inviting all of Dawn Rowan's supporters and friends to join in a 24-hour Vigil outside Lindsay Tanner's office (corner King and Little Lonsdale streets, Melbourne CBD), from

===>>> early Thursday morning April 9 to Good Friday morning.

(Only adult males between midnight and dawn).

Please invite your friends! Visit this Blog for more details (including the possibility that the Vigil will be called off if Lindsay Tanner makes an appropriate judgment about the fate of Dawn Rowan before then).

Rowland Croucher