Yesterday, I received my official letter from the PTC regarding the
incident that occurred to me on September 2 of this year. It is as
follows:
---<BEGIN LETTER HERE>---
10th October 1997
Investigation Section,
Level 3, 589 Collins Street,
Melbourne 3001
Tel: 9619 8802
Mr Andrew Morgan
19 ******* Court
*****************
Dear Sir,
I refer to your complaint to the Public Transport Corporation concerning
an incident involving yourself and Revenue Protection Officers at
Melbourne Central Railway Station on 2nd September 1997. This matter
has been forwarded to me for investigation.
It is not within my jurisdiction to determine guilt or otherwise, I can
however comment on whether the Revenue Protection Officers acted in
accordance with their powers under the Transport Act and Regulations.
While I have noted the details and circumstances that you have submitted
in you statutory declaration to the Public Transport Corporation, the
Transport (Public Transport Corporation) Regulations 1994, S.R 90/1994
provides;
205. The holder of a ticket must surrender that ticket to an
authorised person at the end of the period or journey for which the
ticket was issued or at any time after the start of that period or
journey if asked to do so by that person.
You stated in your declaration that you jogged through the barrier gate
showing your ticket. You further stated that you were moving quite
quickly and it wasn't until you were on the escalator that you heard
someone call out 'stop'. Mr Di Pierro stated that you either did not
hear him call out or you chose to ignore him, he then left the barrier
gate and followed you and asked you to stop and allow him to check your
ticket. You did not stop and he touched you on the upper arm to gain
your attention.
Revenue Protection Officer Mr Di Pierro requested you to show your
ticket, he stated that you showed your ticket to him however he was
unable to see the date on the ticket as it was covered by your thumb,
several more requests were made for you to surrender your ticket for
proper inspection, but you declined and closed your wallet stating that
you had a train to catch. I note that you also state in your
declaration that you would not let go of your monthly ticket. Revenue
Protection Officers are entitled at law to inspect tickets and the
ticket remains the property of the Corporation at all tims.
When the escalator had reached platforms 3 and 4, Mr Di Pierro state
that he requested your name and address and informed you that if you did
not provide those details he would place you under arrest. Both Mr Di
Pierro and Mr Williams stated that you used indecent language and
refused to give your details or show the ticket to them. You then
stated that you were going to catch the train stopped at the platform.
The Transport Act (218B) empowers a authorised officer to request a
persons name and address if he believes on reasonable grounds that an
offence has been committed against the Transport Act or Regulations such
as in this case. Further, a person who refuses to provide their name
and address may be arrested (Section 219) and handed over to a member of
the police force.
Both Officers state that you then punched Mr Di Pierro with a clenched
fist to his upper chest region near the left shoulder, causing Mr Di
Pierro to take steps backwards. Subsequently you were taken hold of by
both Officers and informed that you were 'Under Arrest' and taken to the
booking office located on the concourse to await the arrival of the
Victorian Police.
Mr Di Pierro and Williams both deny that any comments were made towards
you whilst waiting for the arrival of the police. Revenue Protection
Officer Mr Tagg entered the office a short time later and remained in
the office until the police arrived. He stated that whilst he has no
knowledge of what happened prior to him coming into the office he did
not see or hear anything untoward occur. He further stated that you
started to state your case to him and he advised you that he could make
no comment because he did not know the facts.
Inquires with Constable Callender of the Victoria Police reveal that
after speaking to the Revenue Protection Officers he spoke to you and
explained the law and that the officers were entitled to do certain
things at law including lawful arrest. Constable Callender also stated
that you agreed with him that it would have been better to just show
your ticket at the time.
At this time I am unable to determine the truth of the matter of your
complaints, the officers are corroborated whereas your version is not.
I am advised that the matter ha been reported to the Public Transport
Corporation Prosecuations section.
Yours sincerely
Glen Ritter
Investigations Officer
---< End letter >---
Well, what do you think? I think it is that biggest load of crap I have
ever read!
I will comment on a few points made:
"19 ******* Court"? - Gees, how can he get the investigation right, if
he can't get my address right?!
"You did not stop and he touched you on the upper arm to gain your
attention" - I had stopped and showed my ticket. I then moved off,
muttering "you guys are jokes" or something similar. Phillip Di Pierro
then said "WHAT DID YOU SAY?". He then demanded to see my ticket for a
second time! (obviously trying to waste my time).
"...he was unable to see the date on the ticket as it was covered by
your thumb, several more requests were made for you to surrender your
ticket for proper inspection, but you declined..." - I showed him twice
on the escalator, however, their version says I only showed them once.
And why would I cover the date with my "thumb". Quite a difficult thing
to do, considerig that I was holding the 'ticket holder' in which my
_valid_ ticket was in, by the left side. I would have to be double
jointed to cover up the date...or they could be lying (now which would
be more believable?!)
"...Mr Di Pierro stated that he requested your name and address and
informed me that if you did not provide those that he would place you
under arrest" - What a load of crap. I believe at this stage 'Mr Di
Pierro' was bursting a blood vessel in his head a screaming to me "WHAT
DID YOU SAY?!". At no time did he ask for my name and address, and he
certainly did not warn me that he would place me under arrest. Oh, and
I guess he has a photographic memory, because he never brought out a
book or pen to write my name down.
"...you used indecent language" - well I guess they want to get as much
out of me as they can. Might as well put down that oldie. Anyone of my
friends or family would tell you that I absolutedly despise indecent
language...sorry guys!
"...refused to show the ticket to them" - Once again, I had already
showed them my ticket on three previous occassions. On the fourth time,
Frank Williams attempted to snatch the ticket from me, and we had a
'running battle' up the escalator (video evidence). IF I refused to
show the ticket, what were we wrestling for? My mothers shopping list?!
"...both deny any comments were made towards you whilst waiting for the
arrival..." - Oh, so i guess "you dole bludging uni student", "your a
homosexual" and "you stick" are simply figments of my over educated
mind! If nothing was said to me, why do the two ticket collectors on
duty specifically remember a very loud argument going on...so loud that
he had to ask Phillip to be quiet?!
"Mr Tagg entered a short time later" - ah, no. He entered approximately
40 minutes after I was thrown into the room. Not a 'short time later'
at all!
"Constable Callender also stated that you agreed with him that it would
have been better to just show your ticket at the time" - Very good Mr
Ritter, you should work for the 'Truth'. What the police officer
actually asked me was "it would have been better to show make sure that
they saw my ticket adequately at the barrier".
Well, I am showing this to the RMIT lawyer on Thursday. I have briefed
her on the letter, and she has already picked obvious faults.
I will keep you updated regarding the matter,
-- Andrew Morgan general manager advantage@ocean.com.au www.advantage.ocean.com.au-- Andrew Morgan general manager advantage@ocean.com.au www.advantage.ocean.com.au