In a move that will shock the conscience of thousands of Scouts, a WA Court of Appeal has dismissed a criminal charge of obstructing the Australian Government’s duty of care.
The trial of the ACT Scout Law will begin today with a full-day of evidence.
The case of Peter Kupferman was sparked when he took a picture of a large Australian flag on a Melbourne parkway in the early hours of March 1, 2017.
Mr Kupfeerman was one of around 40 Scouts and Guides who took part in the Australian Scouts of Australia’s annual Scout Ride.
In his defence, Mr Kupfferman said he was trying to show the Australian government that he was “a responsible, hardworking and responsible citizen”.
The trial will be the first to take place in Australia under the Scout Law and the first time the matter has come before the court.
“I was actually a bit surprised that it wasn’t sooner.
I’d been expecting the charges to be dismissed but it’s just another chapter in the Scout saga,” Mr Kipferman said.
At the time of his arrest, Mr Kerferman, whose surname was not revealed, had been in Australia for two years.
After a lengthy legal process, the ACT’s High Court dismissed his charges on July 22, 2017, declaring there was insufficient evidence to prosecute Mr Kerfferman.
As part of the prosecution, the court heard that Mr Kerifferman had made a number of requests to Australian authorities, including to the Commissioner of the Australian Border Force, to seek help.
During the hearing, the prosecution made submissions that Mr Kapfferman had requested assistance from the Commissioner to remove the flag and other objects from the Melbourne park.
However, the trial heard that in February 2018, Mr Cauley made contact with Australian Customs on behalf of the Department of Immigration and Border Protection (DIBP) and requested the removal of Mr Kerferman’s flag and the other items.
Under the Australian Rules of Criminal Procedure, a court may dismiss criminal charges where it has “reasonable grounds to suspect” the accused was involved in the commission of a crime.
Topics:scouting,law-crime-and-justice,law,courts-and the-courts,courthouses-and+prisons,courthouse-law-and/or-trials,courtesy-courier-journal,australiaFirst posted March 01, 2019 06:59:08Contact Simon HallettMore stories from Western Australia