Charged: 12 May 2024 · Court: Downing Centre Local Court · OIC: Constable Claudine Dellenty, Kings Cross
Charge: Use carriage service to menace/harass/offend (s.474.17 Criminal Code Act 1995). Three allegations: (1) I called @kandykingX on 4 September 2023 from mobile 0433 813 180; (2) I sent messages from an "unknown profile" on 17-18 July 2023; (3) I operated the "legalabuse" Instagram account.
The Telstra carrier records for the phone call I was accused of making were received on 3 February 2024. The result: zero calls. The number had been cancelled before the alleged call. The decision to charge me was made 99 days later, on 12 May 2024. The nil-result was in the brief of evidence served on me - Item 9, Subscriber/CCR. Total Result Count: 0. Police charged me anyway.
"Total Result Count: 0"
Source: iASK_12647763 (received 03/02/2024); H81615839 charging date (12/05/2024); Brief of Evidence, Item 9.
↓ View / download PDFThe Brief of Evidence index lists Item 7 as "Documents provided by Victim." The Brief Manager verified the contents page on 27 May 2025. But the pages corresponding to Item 7 are not present in the brief as served on me. The foundational document underlying the charge was never given to the defence. A further GIPA request targeting Item 7 specifically is pending (GIPAA-2026-1077027).
Item 9 is the Telstra Subscriber/CCR record. It shows zero calls for the relevant period. It was in the brief as served. Its significance was never pointed out - not by police, not by my own lawyer. The charge was laid on the basis of a phone call that NSW Police had documentary proof did not occur.
The account described as an "unknown profile" in the Facts Sheet was bjow_ett - a bait account created and operated by @kandykingX in February 2023 to impersonate a friend I had known in Queensland in 2013. I identified this to OIC Dellenty in writing on 9 June 2024. She replied "please stop emailing me" on 13 June 2024 and took no investigative action.
The Meta Platforms Business Record in the brief showed @kandykingX's alias @beat_slaya was the first follower of my legalabuse account from 26 July 2023 - four months before @kandykingX swore he discovered it on 23 November 2023. The OIC's own screen recording, also in the brief, showed @kandykingX commenting on my posts before his sworn discovery date.
The matter was listed for hearing before Magistrate Milledge at Downing Centre Local Court on 10 June 2025. The prosecution applied for an adjournment on the basis that the complainant was attending a medical appointment. The matter was stood down. The complainant attended court briefly, then left without notice to the prosecution. When the matter resumed, police were unable to locate him and contacted him by telephone. The charge was withdrawn and the matter was dismissed. On the same day, I attended police and provided the Cybertrace forensic report regarding @kandykingX's continuing conduct.
Source: Wilson Tighe, O'Brien Criminal and Civil Solicitors, letter dated 16 June 2025 - held by Anthony Smith.
GIPA Internal Review REV-2025-0858525 records that Constable Dellenty advised that "upon finalisation of the local court matter some information she had received that was not saved on ViewIMS had been deleted." Exculpatory documents were destroyed. The GIPA decision confirms this admission.
↓ View / download PDFFifteen days after the court matter was dismissed, on 25 June 2025 at 10:53 AM, an officer at Kings Cross PAC identifying himself as "Brendan," using internal extension 40027, sent a referral email to Queensland Health Mental Health Call Team requesting a welfare assessment of me. On 27 June 2025, Brendan sent a follow-up email stating the reason: I had "made further complaints to a Federal Ministers Office." GIPA REV-2025-0858528 confirmed no Triple Zero call existed. 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."
↓ View / download PDF ↓ View / download PDF (QLD Health RTI)