Berlin's court bid rejected
MACLEAN identity John X Berlin has lost his court battle to have a number of charges dealt with under the Mental Health Act.
Mr Berlin appeared in the Grafton Local Court yesterday to ask that three charges of making false accusations, seven of using police insignias other than as a police officer, making false statements to obtain money, fraud and using an operating name that included the word “police” be dealt with under section 32 of the Act.
His solicitor, David Imlah, provided medical evidence supporting the mental health claim and Magistrate David Heilpern said some of the charges fitted definitions in the Act, but because of the seriousness of some of the alleged offences and the level of planning alleged to have been involved, the matters would be dealt with under the criminal code.
Mr Berlin has pleaded not guilty to all charges and they were adjourned to May 16.
Mr Heilpern said it was alleged Mr Berlin had deliberately created an email address to appear as if it belonged to a Grafton detective.
It is alleged he then used that falsified email address to fake a threatening email to himself, then complained about the contents of the fake email in order to get the detective in trouble.
In that email it is alleged he made deliberately false claims the detective had “bashed” him.
Mr Heilpern said it could not have occurred because the detective was not on duty on the day in question.
“This puts the matter outside the range for a Section 32,” he said.