Shoplifter seeks compo as conviction would stop financial planning career
A convicted shoplifter has failed in his bid to secure compensation after claiming the NSW Police's failure to pass on documents relating to an appeal meant he could not "continue" as a financial planner.
Valdemar Ian Valder claimed a member of the NSW Police force had refused to pass on documentation to the Director of Public Prosecutions relating to his appeal against the convictions.
Valder, said the confirmation of the guilty verdict prevented him from continuing as a financial planner.
However, the Supreme Court of NSW ruled that no evidence had been put to the Court to establish whether a shoplifting and common assault charge would be such as to disentitle Valder from practicing as a financial planner "assuming that is currently the situation".
The court heard that Valder was initially convicted on both the shoplifting and common assault charges, and fined $500 for each offence.
Valder appealed to the District Court, where the convictions were confirmed, but the fines were quashed, and he was placed on a good behaviour bond for 12 months.
He made a further appeal, in which he planned to present evidence supporting his appeal to the Director of Public Prosecutions. The court papers revealed that Valder presented documentation relating to this to Parramatta Police Station, on 17 September 2012, where he was told that the police would not pass on the documentation to the Director of Public Prosecutions.
The following day Valder appeared before Parramatta District Court for the appeal hearing, and the presiding judge refused to admit the evidence, as it had not been presented to the Director of Public Prosecutions ahead of the hearing.
However, the Supreme Court of NSW ruled that Valder failed to prove that the police's failure to deliver the documents had impacted on the appeal.
"The plaintiff has failed to establish a cause of action or damage arising from the impugned conduct of the police," the Supreme Court documents said.
AUTHOR
Nicholas O'Donoghue
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