IN AN ultimate display of discrimination based on nationality, I have had my Post-Conviction Relief Appeal application in the Idaho Courts thwarted by a corrupt legal and government system. The same Judge (Mike Wetherell) that heard my trial was awarded his Appeal, and despite a Motion to Disqualify (the Judge) filed by me this same Judge again received the Motion and refused to withdraw himself from my case. The Judge has ignored my claims and supporting evidence. Showing just how unbalanced, unfair and primitive the USA process of justice is, and highlights how much Aussies need help when in legal trouble in this so-called ‘friendly country’.
In thwarting my Appeal application Idaho Judge Wetherell states; “The petition (Pinner) is not a citizen of this state, is not a citizen of this country, and does not reside here. The court finds that the taxpayers of Idaho have no obligation to finance a post-conviction proceeding initiated by a foreign national who is no longer present in this country”. While Wetherell states this, he cites no Idaho law or precedence to support this decision.
The Judge’s decision to refuse to allow me to proceed with my Appeal and obtain court hearing transcripts of what was said in court, clearly based on my nationality of not being American, can only be described as a blatant case of discrimination. The Judge is saying because I am not American I can not obtain court hearing transcripts in order to appeal. The Judge is clearly saying while he will not allow me to appeal because I am Australian, it was ok for Americans (state of Idaho) to charge me, jail me, prosecute me, extradite me, produce false evidence, aid and commit perjury, and imprison me. Throughout my entire case in Idaho I was subjected to an array of discrimination and it still continues.
While the Idaho Government refuses to allow me to return to Idaho in person to appear for any Appeal hearing, the Judge has also said that I cannot appear for any Appeal hearing via audio or video link-up from Tasmania to Idaho. Herein lies an Idaho system which is corrupt to the core, whereby the Courts aid the Government and the Government aids the Courts in ensuring foreign nationals who are wrongfully imprisoned can not pursue rightful justice. Why would Australia wish to follow the USA lead in anything, whether it be their way of life or (in)justice and prison systems.
Despite a 20-page typed Appeal brief and 76 pages of evidence provided to the Idaho Court by me, the Judge’s response to my Appeal brief and evidence failed to address any of the issues raised by me. Such as; evidence of sleeping jurors during the Trial; false evidence and testimony presented by the prosecutor; evidence of ineffective representation by my Idaho court-appointed lawyer; evidence from 5 medical experts all providing written testimony under oath stating that shaken baby syndrome (SBS) was not the cause of the child’s injuries and that the injuries were sustained 3-5 days prior to my contact with the child.
I have fought this Appeal without any assistance from the Australian Government or any lawyer. This is despite a plethora of Government assistance provided to Corby, Hicks, the ‘Bali 9’ and many other Aussies with legal troubles overseas. My requests for legal, financial and medical assistance to the Australian Government during 2003 and 2004, while I was in Idaho were denied by the Government. I only returned home to Tasmania at the expiration of my sentence in Idaho, with no assistance from the Australian Government to bring me home to my family. The Commonwealth Ombudsman and Privacy Commissioner continue their investigations of wrongdoing by the Australian Government in relation to my case stemming from 2001 to 2005.
I am uncertain as to what legal steps are next as I am not a lawyer and am by no means familiar with this type of legal issue. I must consider my ill-health and family as my first priority. The stress and long hours of working on the Appeal has had an adverse effect on my already ill-health (due to being incarcerated in Idaho) and taken me away from family at times the past 4 months I have been home.
Kirk Pinner
