COPY OF LETTER ISSUED TO Aurelius Embershard RE: LETTER STATEMENT OF CLAIM TO NSW POLICE FORCE ISSUED 28/05/2021
30 May 2021
Mr Aurelius Embershard
C/- DOJ Lawyers
585 Occupation Avenue
Lost Santos, New South Wales
LETTER STATEMENT OF CLAIM TO NSW POLICE FORCE ISSUED 28/05/2021
Mr. Embershard,
We refer to your Statement of Claim issued 28/05/2021, and provide the following response to the claims set out in same:
Use of 'incorrectly obtained evidence to apply for a warrant'
The onus of proof to substantiate this claim rests with the Plaintiff, accordingly, we await submission of evidence which indicates that on a set date, any NSW Police Officer made an application for search and seizure warrant in relation to your client, that contained such 'incorrectly obtained evidence.'
Illegal Search and Seizure of Goods
NSW Police deny any allegation of misconduct in relation to the illegal search and seizure of goods in this matter. As set out in claim (1), the onus of proof rests with the Plaintiff to produce evidence which shows that the NSW Police, on a set date, committed an offence in seizing items in relation to your client, and we await submission of such evidence.
Placement of Probationary Periods
NSW Police maintains the placement of probationary periods internally, and maintains that the placement of such periods was subsequent to offences committed, where the subjects have been already convicted. Therefore, the Plaintiff seeks judicial determination of a criminal matter, in a civil jurisdiction, which is an abuse of court process. We will seek to have this matter dismissed.
Seeking damages of total $4 500 000
The onus rests on the Plaintiff to substantiate the damages of $4 500 000 across 6 clients. We await submission of evidence which indicates that, if the above claims were ruled in the favour of the Plaintiff, that said actions resulted in $500 000 worth of damages to each individual, and $2 000 000 worth of damages to the Gambino Family Organisation, as set out in the claim.
Further, if this claim is sustained, NSW Police will lodge motion for summary dismissal of claims on the following merits:
The claim by the Plaintiff is vexatious
The basis of the action against NSW Police is emotionally motivated by the Plaintiff's desire to seek revenge on NSW Police. Claim was only filed after a monetary penalty was placed on the Plaintiffs, considerable time after the alleged action described in this claim took place.
The Plaintiff has failed to provide any evidence to substantiate the allegations in this claim, as well as evidence to substantiate the claim for non-economic and economic loss.
The claim is an abuse of process
The Plaintiff seeks judicial determination of a criminal matter, in a civil jurisdiction, which is an abuse of court process.
NSW Police require disclosure of all materials that will be used at Hearing, as well as a list of witnesses that will appear for cross-examination by our office.
If the Plaintiff is unable to prove the claim against NSW Police, the NSW Crown Solicitor's Office will seek full costs relating to the defence of the claim, including, but not limited to, solicitor and barrister fees, administration fees and court appearance fees. A copy of this letter will be attached to the court-booking docket for reference purposes.
Best Regards, Daniel La Trinit├® Chief Crown Solicitor