Chapter Fifteen ...Complicity
 

It is a given among the the general public that lawyers, medical practitioners across the spectrum and people in high positions in society are people that we can trust. The truth is that we give scant attention to this assumption because few of us ever come in contact with them in a serious legal matter, health ailment or do business with. If that is our lot in life then we are indeed lucky for as this story unfolds it will be revealed that those we should trust least are the lawyers. In my case the way that they manipulate the scenario to suit their own objectives was a pattern of endemic dishonesty without integrity that has become so much the normal process that it represents behaviour that borders on the criminal. The fact that the practice of manipulative positioning to gain from the uninitiated and largely uninformed client places those who perpetrate such practice as culpable, protected by their brethren who accept that is the way the law works.

One such practicing lawyer was Andrew Thomas Smyth.

Presenting on the outside as a clean cut man of principle this lawyer does not reveal the cloth that he is cut from until he operates in the interest not of his client, not in the pursuit of justice but in the realm of self. Is this then  the lower echelon of crime, that parades as lawful legal practice?. At the top end this is given the stamp of approval by the synthetically august; those who through the sacrifice of others enabled them to acquire the privilege of a well-healed education, granted by the self sacrifice of men who go to war thus enabling those who reap the security of their bloodied  conflict, to exploit and bastardise. Such a man is the Honourable  Paul de Jersey. This pompous, obnoxious church-going pillar of society and ecclesiastical notations, parades as the paradigm of all that is endemically wrong in the ministration of justice. The labyrinth of 'laws', as perceived by those who cannot accept nor recognise the premise of common-sense, known to the masses, has enabled men of questionable moral fibre to exploit the possibility that pure white can with the art of word manipulation, subtle inflection and down right unprincipled bastardry be black and prove that innocent men, innocent women can swing for crimes that they did not commit. If as it is said the law is an ass, then the cogs that are the vehicles of its being are goats. That by implication demands that they be treated as such. No, your honourables, not contempt born out of injustice, but of disrespect bred from incompetence, stupidity and lack of moral character that does not go hand in hand with plain common sense.
These two unprincipled calculating men, who learnt their profession on the back of an old World War Two Battle of Britain veteran, allowed their ineptitude, incompetence and power to rob him of his last wish. They saw to it that not only was that wish denied by abusing the rights granted by their profession, but made  sure that they were the system became chief beneficiaries of his life's work.
Smyth and de Jersey are questionable characters in my book and neither the law of defamation, drafted by lawyer to protect lawyers shall inhibit those words. The  philosophy of the great Persian poet, enshrines the written word. but does not  prevent me from exercising the premise of  commonsense and plain speak. I invoke those immortal words of:
Omar Khayyam:
 

The Moving Finger writes: having writ,
Moves on: nor all thy Piety nor Wit
Shall lure it back to cancel half a Line,
Nor all thy Tears wash out a Word of it.
 

That a man should have to write this account is not because of him seeing justice, but witnessing in the house of justice that which buckled under the yoke of injustice. That injustice was orchestrated by practitioners at law who abused their rights to practice without fear or favour. That it encompasses the Chief Justice of Queensland and an unprincipled solicitor, not only gives scope for this story to be told by a fearless citizen but illustrates how the law has sunk to an all time low.


We continue with the story

.
When Carole Crozier left the house of Tom Jowett that day she did so nurturing the Confidential letter to Monica Barrett the ACAT assessment nurse. Here was the threat that she feared most of all; the real possibility that Tom would leave her out of his Will. Tom who had changed his Will ten times in the preceding 30 months had done this with her knowledge. Carole knew from documents that lay around Tom's house that she was a recipient in his Will. The Will file was fair game and Crozier who had a degree of authority over Tom Jowett that the others did not was privy to most of it. The Wills were there for all to see in two separate files that Tom Jowett kept sometimes in his bureau, but more often than not lying on the table.
It was no accident that Crozier who later it was revealed, but NOT in the Supreme Court, wrote out a cheque to herself and coerced Tom Jowett to sign it. That cheque was made out for a neat one thousand dollars. In the two Wills that lay on the table, one saw Crozier the beneficiary of $10,000. The later Will saw that updated to $20,000.
This was now under direct threat. Tom Jowett had made Bruce Whiteside his Enduring Power of Attorney. This letter outlined what Whiteside's position was. It indicated that he was going to New Zealand until January 5th 2000 and that in the event of emergencies he included his contact numbers and address in Christchurch. If this was correct and as yet no legal documentation was evident to support it, then Tom Jowett was effectively out of control of both the Blue Care nurses and his solicitor Andrew Thomas Smyth.
Carole Crozier was a servant of the Blue Care Nursing Organisation with its origins in the Uniting Church. As such her duty of care was to Mr Jowett who was a client of Blue Care. Any instructions, documentation either of the nurses files or personal documentation of the client was the primary care of Blue Care and not its representative.
 

The Confidential letter to ACAT and Monica Barrett was not passed on to the Queensland Hospital representative, but kept. That it was done to facilitate the personal advantage of Carole Crozier was born out by its non-appearance within the GC Hospital files. Had ACAT and Monica Barrett been aware of that letter the problems that arose as a consequence would never have occurred. The position would have resolved itself the following day and what followed would have prevented clandestine behind the scenes operations that created problems for the hospital, Tom Jowett and Whiteside in New Zealand.
 

The letter now in the possession of a Blue Care employee, had it not been deliverable should have been handed in to Blue Care Administration. IT WAS NOT!
Crozier now criminally committed decided to enter into a liaison with Andrew Smyth. On her own volition , with no authority from her employer she took the Confidential letter the following day to Smyth. From that point on both Crozier and Smyth worked to protect their own interests.
 

On the morning of December 8th 1999. Bruce and Iris Whiteside were picked up by the airport transporter at 4.20am. Apprehensive about Tom Bruce wanted to call and see him to reassure him before he left. Iris who did not share the same concern for Tom talked her husband out of it. Even at this late stage there was no certainty that Bruce would not pull out of going to New Zealand and she was not prepared to see that happen. With the trip to the airport taking an hour and a half, the two hour booking in and the three hour flight to Christchurch, it would be 10.30 local time before they arrived.
 

Whist still in the air there was drama at 5 Frangipani. Tom well aware that the Whiteside's had gone, set out for a drive in his car a !984 Toyota Celica, that was his pride and joy. At 84 he still had a current license to drive. This license was issued every year when he went to his local General Practitioner Dr Ian Clark who put him through the obligatory tests. No doctor is going to issue an aging driver with a new licence if he is of the opinion that his patient of some twelve years is suffering from dementia. In fact to this point dementia had never been mooted as Tom's problem; not by the doctor, the Gold Coast Hospital, the Blue Care Nursing or his friends. Only one person questioned Tom's capacity to always make sense of what he was saying and that was Andrew Smyth and that was post December 1 1999.. On the 21st of January 1997 he wrote in his notes: I still think he knows what he is doing re his Will . If Smyth had doubts about his condition it certainly did not stand in the way of taking more and more instructions and writing more Wills, whilst charging 'his client of long standing ', in the process. Again Smyth comments, only this time he unwittingly stumbles on the truth without realising then or later the basic cause of Tom Jowett's inability to always make sense of what he was trying to articulate. Noted on 21st August 1997. Can't write down what he wants -has it in his head. Precisely Andrew Smyth! So why did you not query his behaviour then? Why did you wait until nearly three years after he died to jockey for your position as defendant in a Supreme Court case where you challenged Probate of the Estate of Tom Jowett on the pretext that he suffered dementia. I'll tell you why. You saw the opportunity of being a litigant party in an old pensioners Will, where you as a practicing lawyer held all the cards. Not only were you playing with the legal system to your advantage but you took with you the camaraderie support of other lawyers, silks and the Chief Justice himself. (See footnote) *
 

When Tom came back from his uneventful drive, it was reported that he had hit the brick letter-box. Not for the first time had neighbours bought into Tom's affairs as they did this particular morning. McPherson, a neighbour who had seized the car keys from Tom on a previous occasion, did so at the request of Andrew Smyth. In effect McPherson acted as a watch-dog and reported back to Carole Crozier at her home phone number. Tom denied hitting the letter-box and I have to believe him. The damage to the rear left side was done some month's earlier and was not repaired. Whoever thought the damaged had been done that morning ... interfered, upsetting Tom who nearly always responded to this sort of situation with a few volleys of verbal abuse. Before the dust had settled Crozier had rung Dr Clark who in turn acted on her advise and the ambulance was called. Tom was taken to the Gold Coast Hospital in a traumatised state and ended up in a ward where he was later sent to Ward 13, that was a lock down unit. Long since closed, it was used to house the mentally unstable.
Once Tom had been removed from his premises Carole Crozier took control and although denied at the time went through Tom's papers, searching for cheque books, bank accounts and more specifically Wills.
Although Whiteside had strategically placed cheque books and current trading bank statements in safe places, the personal papers and Wills were left in the bureau. These were nowhere to be found when he returned from New Zealand. . These and other items such as car keys, house keys and letters were taken to Andrew Smyth, not by the Blue Care Nursing organisation, but by Crozier herself. This she did without her employers being remotely aware. Later this led to her being stood down for twelve months and when she reapplied to go back to work there was no vacancy. This gutless approach by Blue Care to tackle internal problems of impropriety within the organisation become more apparent when I had both chiefs from the Gold Coast Bob Barrar and his Brisbane counterpart in my house. In the end they opted to co-operate to the full, did nothing and walked off with $20,000. They also protected their rear ends and rubber-stamped thieving from the elderly, by their employees.

 They simply ignored it.

After two days I tried from Christchurch to contact Tom. This I did for the next two days and when I asked a friend to call around and see if Tom was OK, she reported back that there appeared to be no one at home. Concerned I then rang Dr Clark only to be told by the receptionist Pat that "Tom packed a wobbly and he is in hospital'.
What happened next reinforced the decision I should have made about going to NZ.


*Whilst this observation born of being on the receiving end is not only provocative but quite possibly legally defamatory, it does not preclude the element of truth. These people work from elevated positions that does not allow them to see the decisions they make and practice and how it impacts on their clients. There is a coterie syndrome that supports their own, within the legal system that permeates every aspect of its operation. It has become a cancer within, only the practitioner is in denial. The day will come when ignorance of the obvious will exact its own toll.

The account of Crozier's path of deception  is recounted in greater detail in chapter 18. It details the documentation that the GCH was in receipt of.


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