The 99-Day Carrier Record Anomaly
3 February 2024. The result: Total Result Count: 0 for 1–7 September 2023. The search page does not identify a carrier. The nil-result was in the brief of evidence — Item 9, Subscriber/CCR.The charging decision was made 99 days later, on
12 May 2024.Police had a zero-result search for the alleged week. They charged him 99 days later.
What Smith Knew
Nothing. He was not told about the zero-result iASK search. He was not told about the investigation. He was about to be charged on the basis of a call he says he did not make.
What @kandykingX Knew
He had claimed Smith called him on 4 September 2023. The call did not occur. He had also created the bJow_ett bait account (impersonating Smith's friend) five months before the alleged messages. His own alias @beat_slaya was the first follower of the "legalabuse" account from 26 July 2023 — four months before he swore he discovered it.
What Police Knew (OIC Dellenty)
Held the iASK zero-result search since 3 February 2024. Had been told in writing that bJow_ett was alleged to be @kandykingX's impersonation. Had screen recording showing @kandykingX followed legalabuse in July 2023. Had Meta follower export. The nil-result was in the same brief as the allegation. Charged 99 days later.
The OIC held a communication-record search returning zero results for the alleged week. That document was in the same brief as the Facts Sheet alleging the call. The record does not, by itself, exclude every possible communication method, but it was directly relevant contrary material available before the charging decision. The nil-result was Item 9 in the brief served on Smith.
Item 7 — Absent From the Brief
The Brief of Evidence index lists Item 7 as "Documents provided by Victim." The Brief Manager verified the contents page on 27 May 2025 — all 12 items individually initialled as verified, including Item 7. But the pages corresponding to Item 7 are not present in the brief as served on Smith on 29 May 2025.
The foundational document underlying the now-disproven allegation was never given to the defence. OIC Dellenty later admitted in GIPA Internal Review REV-2025-0858525 that "upon finalisation of the local court matter some information she had received that was not saved on ViewIMS had been deleted."
Brief Manager Verification — 27 May 2025
Contents of Brief of Evidence (H81615839) signed off — all 12 items individually initialled as verified, including Item 7 ("Documents provided by Victim"). Stamped received 27/5/25. Two days later, Wilson Tighe (O'Brien Solicitors) served the brief on Smith. Item 7 is absent.
Brief of Evidence H81615839; Wilson Tighe email 29 May 2025; GIPA REV-2025-0858525The bJow_ett Account
The third prosecution rested on Instagram messages allegedly sent by Smith to @kandykingX on 17 and 18 July 2023. The Facts Sheet prepared by OIC Constable Dellenty described the messages as containing "a narrative of Ancient Greece" sent from "an unknown profile" which the victim was "initially unaware" belonged to the defendant.
What the Documentary Record Establishes
1. The account was an impersonation. @kandykingX created the Instagram account "bJow_ett" in February 2023 — five months before the alleged messages — using the name and visual identity of a friend Smith had known in Queensland in 2013. Smith believed for three months that he was talking to that friend.
2. The friend has confirmed in writing he was impersonated. On 25 December 2024 the friend confirmed: "I've never seen or heard of [@kandykingX]." He confirmed he did not operate the bJow_ett account.
3. The Facts Sheet content was Smith's messages to the impersonator. The "narrative of Ancient Greece" described in the Facts Sheet matches verbatim the messages Smith sent on 17 July 2023 to the bJow_ett account, believing he was talking to his friend.
4. The OIC was told the account was bJow_ett. Smith identified the bJow_ett account to OIC Dellenty in writing on 9 June 2024. Dellenty replied "please stop emailing me" on 13 June 2024 and took no investigative action.
What Smith Knew
Believed he was talking to his former friend Brenton Jowett. The account name "bJow_ett" was a deliberate mimicry. Had identified this to the OIC in writing. Attached full conversation transcript showing six weeks of contact, including bJow_ett demanding "Send me some cash then."
What @kandykingX Did
Created bJow_ett in February 2023 to impersonate Smith's friend. Took Smith's message to bJow_ett and presented a cropped screenshot to police — with Smith's profile picture removed — as "harassment from an unknown profile." This screenshot became Item 7.
What Police Did (OIC Dellenty)
Received Smith's written identification of bJow_ett with full transcript. Refused to investigate. Responded "please stop emailing me." The Facts Sheet describes the "unknown profile" as having "no profile picture" — but Smith's account always had his photo. The language describes bJow_ett, not Smith.
The Instagram Account — Follower Records Contradict the Sworn Statement
The Meta Platforms Business Record in the brief showed @kandykingX's alias @beat_slaya was the first follower of Smith's 'legalabuse' account from 26 July 2023 — four months before @kandykingX swore he discovered it on 23 November 2023.
The OIC's own screen recording (Brief Item 10), also in the brief, showed @kandykingX commenting on Smith's posts before his sworn discovery date. The prosecution proceeded regardless.
Meta Follower Export — @beat_slaya
Instagram's own follower export fixes @beat_slaya as the first follower of the legalabuse account, at 2:34 AM on 26 July 2023 — four months before @kandykingX swore on 23 November 2023 that a friend had only just made him aware of the page.
Meta Platforms Business Record; Instagram follower export; Brief Item 8; OIC screen recording Item 10Eleven Grounds — Lodged with LECC
The conduct of OIC Constable Dellenty and prosecutor Nicholas Nicolas is the subject of a standalone exhibit lodged with the Law Enforcement Conduct Commission LECC CASE20237645/RT.
| # | Ground | Source |
|---|---|---|
| 1 | Refused to identify the bJow_ett account despite receiving full conversation thread | Dellenty email record |
| 2 | Refused written exculpatory evidence from PTSD-affected interstate defendant; required in-person interview | Dellenty emails; psychologist's report |
| 3 | Item 7 (documents provided by Victim) absent from served brief — the foundational document underlying the now-disproven allegation | Brief contents vs served pages |
| 4 | Gmail subscriber request iASK_12796713 obtained 11 days before charging and never disclosed | REV-2025-0858525 p.135 |
| 5 | Blue Portal subscriber request for legalabuse account dated 18 January 2023 — 10 months before complaint, when account did not yet exist | REV-2025-0858525 p.135 |
| 6 | Charged 99 days after the iASK communication-record search returned a total result count of zero; result was in the brief as Item 9 | iASK_12647763; charging 12/05/2024 |
| 7 | OIC's own screen recording showed @kandykingX as first follower of legalabuse from July 2023; Facts Sheet omitted this | Brief Item 8; Meta follower export |
| 8 | Account was public-interest disclosure tagged at police accountability bodies; @kandykingX simultaneously posting threats from drug supply account | legalabuse posts; LECC email 8 Nov 2023 |
| 9 | Destruction of case file information after dismissal on 10 June 2025; QLD welfare referral 16 days later | REV-2025-0858525; QLD Health RTI JIAU25/13749 |
| 10 | Disputed COPS entry recording Smith "picked up and hung up" — the separate iASK search for the same service returned zero communication records for the alleged week | iASK_12647763; MF/2025/2287; C78394809 |
| 11 | False COPS entry recording Smith "refused to provide his current address" — no such request exists in any email record | C78394809; GIPA email correspondence |
The Dismissal
The matter was listed for hearing at Downing Centre Local Court before Magistrate Milledge on 10 June 2025. The prosecution applied for an adjournment on the basis that the complainant was attending a medical appointment, and the matter was stood down to 11 a.m.
The complainant attended court briefly thereafter, then left after midday without notice to the prosecution. When the matter resumed, police were unable to locate him and contacted him by telephone. The complainant's reported reason for leaving was, in substance, that he "never gets a fair chance in court." A further adjournment was refused. The charge was withdrawn by police and dismissed by the Court.
The complainant's subsequent costs application was refused. On the same day, Smith attended police and provided the Cybertrace forensic report (Ref: 2025-4663) regarding @kandykingX's continuing conduct.
Court Outcome — 10 June 2025
Charge withdrawn by police. Matter dismissed by the Court. Costs application refused. Complainant's counsel present but complainant had left without giving evidence.
Wilson Tighe, O'Brien Criminal and Civil Solicitors, letter 16 June 2025 · ViewDownload · TR0158862 hearing transcriptEvidence Destruction — Dellenty Admission
GIPA Internal Review REV-2025-0858525 records that Constable Dellenty advised:
The admission post-dates the 10 June 2025 dismissal. The Brief Manager had verified Item 7 as present on 27 May 2025. The brief as served on 29 May 2025 did not contain Item 7. The released decision raises a records-retention question under the State Records Act 1998; it does not by itself establish a breach or identify the deleted material as Item 7.
The Welfare Referral — 25 June 2025
Fifteen days after the court matter was dismissed, an officer at Kings Cross PAC identifying himself as "Brendan," using internal extension 40027, sent a referral to Queensland Health Mental Health Call Team requesting a welfare assessment of Smith.
On 27 June 2025, Brendan sent a follow-up email stating the reason:
Released GIPA records under REV-2025-0858528 do not record the Triple Zero call said to have prompted the referral. The InfoLink officer wrote it would be "very unusual for NSW police officers wishing to report concerns for a person resident in another state to contact an agency other than the Police Force in that area."
What Smith Knew
Had lodged a complaint with Federal Cabinet Minister Tanya Plibersek at 3:33 AM that morning and did not know a welfare referral was being initiated. The clinical record states "nil history on CIMHA," records no identified homicidal thoughts and a denial of current suicidal thoughts, records intact capacity, and later states "no rationale for MHA" and "Close to RCACT."
What @kandykingX Did
Left court without giving evidence 15 days earlier. Not directly involved in this specific action. Separate proceedings ongoing in Newcastle.
What Police Did
Officer "Brendan" (ext 40027) phoned QLD Health at ~10:00 AM. Wrote his stated reason was the ministerial complaint. Cited a Triple Zero call that the released GIPA records do not record. Used the same extension as Professional Standards Duty Officer (Inspector Winch).
On 27 June, the record states that feedback was emailed to the referring police officer. The final page records that the referral PDF was sent to Queensland Police because Queensland Health had no information-sharing memorandum with NSW Police. View the complete 16-page redacted release.
Key Evidence
OIC Item 10 — Screen Recording Analysis and Still
The OIC's screen recording of the @legalabuse account was created on 1 December 2023. The published still from approximately 0:06 shows @beat_slaya activity and a Houston, Texas login alert. The analysis and still are published separately; the full recording remains held by the defence.
View analysisDownload analysisView screenshotDownload screenshot
iASK Communication-Record Search — 12647763
Completed 3 February 2024 for 1–7 September 2023. Total Result Count: 0 for the searched service and week. The page does not identify a carrier. Separate Optus invoices show normal August charges, nominal September charges and zero October charges, but the exact disconnection date is not stated in the audited records. Held 99 days before the charging decision. Brief Item 9.
ViewDownloadGIPA Internal Review — Record Destruction
REV-2025-0858525. Dellenty admission: "some information she had received that was not saved on ViewIMS had been deleted." Court case dismissed 10 June 2025. The decision raises a records-retention question; it does not by itself establish a breach.
View 13-page decisionDownloadItem 7 Enquiry — Winch Repeats Communication Ban
On 28 June 2026 Smith asked what documents comprised Item 7, why they were absent from the served brief, and whether they remained held. Inspector Winch did not answer those questions; she restated the direction not to contact any Kings Cross Police officer except in an emergency.
ViewDownload This correspondence concerns Item 7; it is not Item 7 itself.