For those of you interested, I've posted a (slightly obfuscated) copy of my original letter below
Well FMD, one pissed off bloke with a computer and a rudimentary grasp of the English language actually can make a difference. I've got to say that, although it's taken quite some time for this to come to a conclusion, I'm thoroughly impressed with the professional and courteous response I've received from all of the bureaucrats I've dealt with, and it's actually really refreshing to know that somebody at the top is listening and is prepared to act.Letter to Victoria Police ESB wrote: Re: Confiscation and subsequent return of Kawasaki motorcycle at Phillip Island, Victoria on November 17th 2008 by Detective Senior Constable [name removed]
Dear Sir/Madam,
I was unfortunate enough to be caught up in an operation by the Victorian Police Organised Motor Vehicle Theft Squad at a ride day at Phillip Island in November 2008. At this time my motorcycle was confiscated by detective Senior Constable [name removed] and his colleagues on the suspicion that the motorcycle frame had been stolen and/or re-birthed.
As a matter of background, I had purchased this particular motorcycle sight-unseen, at a fair market price, from a friend a few months prior. The motorcycle has been extensively modified and is suitable for racing only. With this in mind I was not surprised at all to discover that the frame number had been removed. I’ve since learned from detective Senior Constable [name removed] that this is considered suspicious and reason enough for the motorcycle to be confiscated for forensic examination.
I don’t disagree with what Detective Senior Constable [name removed] and his colleagues are doing at all, having had two vehicles stolen and not recovered myself, and I think any action which reduces the theft of motor vehicles is positive. I also now understand completely why my motorcycle aroused suspicion and was confiscated. I do, however, take objection to the way things were handled on the day, in the following weeks during the forensic investigation, and finally in the return of my motorcycle.
At the time my motorcycle was confiscated I asked to see police identification from the officers taking my motorcycle. One officer flashed a badge very briefly and claimed he could attest to the bona fides of the other officers – to this day I don’t know for sure that the people accompanying him were in fact police officers, though I have no reason now to believe they weren’t.
On legal advice I requested a receipt detailing that my motorcycle had been confiscated and attesting that it would be suitably transported, stored and insured against damage whilst in Police custody. In response to this request Detective Senior Constable [name removed] advised me that I had, and I quote, “seen too many movies” and that “it’s not like that in the real world”. I find it beyond belief that a Police officer can confiscate a motor vehicle without any form of bureaucracy, case number or receipt. As a result of my absolute indignation Detective Senior Constable [name removed] eventually provided me his copy of the Property Receipt he received when he checked my motorcycle into Cowes Police station. This receipt was provided the following day, and was only made available to me after numerous requests and because both he and I returned to the Phillip Island circuit the following day. Importantly, this receipt does not note that the motorcycle was taken from me, only that it was deposited by Detective Senior Constable [name removed].
During our discussions I asked Detective Senior Constable [name removed] if he would arrange to have my motorcycle returned to me in Sydney when the forensic examination was completed, and he agreed he would if my motorcycle was not found to be stolen. A number of independent witnesses can attest to this agreement.
Almost two months after my motorcycle was confiscated the forensic examination was completed, with the result, unfortunately, being inconclusive. Detective Senior Constable [name removed] went to great pains to advise me that despite the inconclusive findings of the forensic examination he had made an application to have my motorcycle forfeited to the crown – something I can only see as purely punitive action against me – and that he was returning it under sufferance as his lawyers had advised him the case for forfeiting it, with no evidence whatsoever that it had ever been stolen, was not strong enough.
I understand that Detective Senior Constable [name removed] probably spends a great deal of his time dealing with motor vehicle thieves and other criminals, but as somebody who he openly admitted was at worst an innocent victim, I found the threats of punitive action uncalled for and quite upsetting, not to mention unprofessional. Given my understanding of the laws involved I also fail to see how an application to have my motorcycle forfeited to the crown when there is absolutely no evidence to suggest it has ever been stolen could hold up in a court of law. As such I believe this was nothing more that Police intimidation.
I agreed verbally with Detective Senior Constable [name removed] that one of his team could stamp a “Suspect Vehicle Identification” number onto the headstock of my motorcycle in the vicinity of the original VIN number. I was assured this would be done neatly and decided that although it would probably render the motorcycle worthless for resale it would lessen the chances of something similar happening in the future.
I was further disappointed to learn that despite giving me his word that my motorcycle would be returned at no cost to me, Detective Senior Constable [name removed]reneged on this commitment and I was forced to arrange to have the motorcycle transported from Melbourne to Sydney at a cost to me of $343 inc GST.
To aid the investigation I had collected details of the previous three owners of my motorcycle and provided them to Detective Senior Constable [name removed], yet when I enquired as to the results of investigation of the previous owners (including the person who modified the motorcycle) I was advised that there hadn’t been time for any further investigation. From the point-of-view of an external observer it would seem that Detective Senior Constable [name removed] was more interested in simply punishing me that investigating the true circumstances regarding this motorcycle.
When my motorcycle arrived in Sydney I was horrified to discover that rather than stamping the Suspect Vehicle Identification number on the headstock as previously agreed, it had been stamped on the main frame spar, and that in stamping the SVI number the frame had also been dented. When I discussed this with Detective Senior Constable [name removed] he advised me that I should consider myself lucky to have the number stamped on the bike at all as it might save me hassles in the future, and that I shouldn’t care where it was stamped as “it’s only a race bike after all, not a show bike”. Quite frankly I don’t feel that my motorcycle should be damaged or marked against my wishes regardless of Detective Senior Constable [name removed]’s assessment of what I might use the motorcycle for now or in the future.
Upon detailed inspection of the motorcycle I discovered numerous parts had been removed and not correctly refitted, and I don’t believe the motorcycle was returned in a road worthy condition. My understanding is that the forensic examination was carried out by licensed motorcycle mechanics, but the state my motorcycle was returned in suggests differently.
Following my experiences I wish to campaign for the following actions:
i. I believe the $343 I paid to have my motorcycle returned to me, after Detective Senior Constable [name removed] assured me it would not be at my cost, should be reimbursed in full.
ii. A receipt system for all confiscated vehicles should be introduced and it should be compulsory for Police officers confiscating property including motor vehicles to issue such a receipt.
iii. The owners of confiscated property should be insured against loss or damage of said property whilst it is in the possession of the Police. Written evidence of this insurance should be made available to the owner at the time the property is confiscated.
iv. Police officers should be reminded of their requirement to provide identification to members of the public upon request.
v. Detective Senior Constable [name removed] should undertake additional public relations training so as to better understand how to deal with the non-criminal portion of the public
I appreciate your time in reading this account of events, and look forward to your response.
To cut a long story short, the suggestions that I made have been taken on board and, apparently, effective immediately, officers from the Organised Motor Vehicle Theft Squad will issues receipts for all confiscated goods at the time of confiscation. Doing so also acknowledges that Victoria Police are taking responsibility for the safe keeping of confiscated goods. Finally, Victoria Police have also agreed to reimburse the $343 I spent having the Mutant freighted from Victoria back to Sydney.
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, good news Dave 
