Missing In Action (Oct 11, 2001)
by David Wales
Bill D'Arcy was tried in Brisbane, Queensland, Australia in October 2000 in Queensland's Supreme Court by jury trial and found guilty of raping a girl of 8 or 9 years of age in 1963-4 or 5 as a young teacher in his early 20's.
The complainant was a 45-year-old woman who waited for over 36 years to be approached by police to make a complaint -- and another year before completing the complaint. The media began a malicious attack on Bill D'Arcy based on false allegations about three weeks before this woman was asked 'to help' by police.
There was no evidence only the fantastic allegations of this 45 years old woman. The police charged Bill D'Arcy over a two and half year period. Meaning the allegation could have taken place any time from 1963 to 1965. She couldn't remember when, but she was positive, she said in court, he was her teacher in 1966 a year after Bill had left the school.
According to the complainant's allegation the rape occurred within 3 to 12 feet of more than 20 students in the schoolroom in class time. The classroom, which still exists, was 6 metres wide and 5.6 metres long (20 ft wide by 17 feet long) and the 20+ students between 6 and 14 years of age. Any teacher who taught in the 1960's in such rooms would realise that the allegations are ridiculous.
There is no medical evidence. The 45-year-old complainant said in evidence that she did not receive any medical treatment after the alleged rape and did not mention the rape to her mother. Her allegation of full penetration and ejaculation and the penis entering her with a handkerchief over it with no suggestion of lubrication reads like a porn novel of the 1990's.
She also alleges she masturbated the teacher on another occasion in front of the class and again there is no corroboration despite her evidence that three pupils spoke to her about witnessing the incident. The three students denied her evidence. When questioned about her memory she claimed she had no memory 'only pictures' in her mind. These allegations and charges had they risen or been tested at the time would have had no credibility. In fact all the available evidence points to the fact that no crime was committed.
She claims to have told no one in 37 years. Where the police uncovered information that was damaging to their case they used unethical tactics to try to hide it. The police, prosecution and the media used 'red herrings' such as 'dunces cap, a hole in the wall etc.' to attract headlines. Even the Judge said that 'dunces caps' were used in the 1960's. Teachers must wonder about his schooling.
Bill D'Arcy was found guilty of raping her and the masturbation. On 17th November Bill D'Arcy was sentenced to 14 years jail for the above offence by Justice Robert (Bob) Douglas. A former TAB Chairman. This was a strange appointment for a major trial even in today's weird court system where no one accepts responsibility for justice.
Bill and L_Margaret D'Arcy have been married for over 33 years and have three young adult children who dearly love their parents. Bill likes to use the quotes attributed to John Paul Jones the American Sailor, who when asked to surrender against overwhelming odds, replied, "I have just begun to fight."
There is one thing we know of the D'Arcy family they will continue to fight injustice. They will not quit.
Bill was a Member of Parliament in Queensland for about 26 years and this may be one of the reasons for the witch hunt. How does he prove his innocence? Even when he does prove it will he ever be free of the stigma?
On 22 August 2001 three Judges of the Appeal Court of Queensland dismissed the Appeal against Conviction. They also, must visit with the 'Fairies at bottom of the garden' as it appears they will believe in any ridiculous allegation in Queensland!
Will teachers in Queensland continue to ignore what is happening and hope it is always the other person or will they take some action to end false allegations?
What is wrong with the law in Queensland that it does not deliver justice? When are people who make false allegations for money going to be charged with extortion in Queensland?
What will it take before this absurdity is stopped?