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Showing content with the highest reputation on 05/30/21 in Posts

  1. 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
    2 points
  2. G'day Gamers, OzzyGaming staff are responsible for administrating player activity on the FiveM server. In circumstances of a serious rule breach, repeated breaches or where a verbal warning is not deemed sufficient or effective, our team will temporarily or in some circumstances permanently ban users from our services. Our team works within a set of procedures, past precedent and their own experience opinion to decide if a ban is necessary and the length of the ban. Bans allow us to keep general 'riff-raff' off the server and provide players with time to reflect on their actions so they can hopefully return to our server with better roleplay values. While our team is generally very fair with punishments, in some circumstances we acknowledge that some players may feel they were incorrectly or unfairly banned. For these circumstances we provide a ban appeal process. In an appeal, the player provides their version of events, what the possible issues were and reasons for why their ban should be reduced or overturned. The appeal is initially reviewed by the staff member who placed the ban who will consider your statements. They may decide to overturn your ban based on your new information. Otherwise, they may instead add their own notes to the appeal and then pass it to a senior staff member to independently review. This process eliminates potential bias and allows you to get the opinion of a more experienced staff member. All ban appeals across our services must be completed via a website support ticket so it can be tracked and monitored. Players should not DM staff members or attempt to have bans appealed via TeamSpeak, as you will just direct you to submit a support ticket. https://www.ozzygaming.com.au/support/ Before submitting a ban appeal please review the following requirements and criteria to ensure your ban is eligible to be appealed. You will also be shown how to write an appeal to give you the best chance of having your ban reconsidered. Spamming additional appeals or failing to meet the eligibility criteria will result in your appeal being denied or your ban extended. For long bans, it is recommended not to immediately submit an appeal unless you have sufficient evidence. Bans that CANNOT be appealed - Bans shorter than 1 week (Unless placed in error) - Executive permanent bans - Hacking Invalid ban appeal reasons - The ban placer is no longer staff - You have 'learned your lesson' - You want to play with your friends again Permitted ban appeal reasons - The ban was placed in error (Staff banned the wrong person due to a misunderstanding) - New significant evidence about the situation is provided - You would like a second opinion on the ban (You believe the admin misinterpreted the rules, may have been involved in the situation or was otherwise unfair) How many times can I submit an appeal? - Bans that are 3 months or less can only be appealed once - All other bans (Including permanent) can only be appealed a total of 3 times, each appeal must be at least 3 months apart Successful ban appeals should be in the following format - Explain the situation as you recall it so that a third party could read and understand it - Identify what you did wrong and what rules you breached (or are accused of) - Identify (with reference to the server rules) what you should have done in that situation - If you abused another player or a staff member, you should also include an apology - Attach any applicable evidence I know the majority of our players will never need this information, but it is important for us to clarify this information for those who do need it. Our intention is to educate and reform players so that the community is a positive place with a high standard of role play. We hope that players who do receive bans can learn from their mistakes and re-join the server and continue having fun. Please be aware that when players come off a recent ban they are held to additional scrutiny and may face longer bans should there be additional rule breaches.
    1 point
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