July 29th 2011

We imagine there are only a couple weeks left for the trial of Mark Standen. During the past 5 months we have tried to follow the case as closely as possible and with great interest. Sometimes we have been surprised how certain information has been made public but other information has not.

James Kinch has been branded, prior to and during the trial, as an international drug dealer and a key member of an international drug syndicate. This is completely untrue and has been said to blacken his name. James has never been charged with any drug related offence what so ever and the allegations made by the Prosecution are completely untrue, fabricated lies. The best the Prosecution can offer is a shipping container full of rice and their promise they believe an illegal substance was intended to be inside.

Some of Australia’s most powerful drug investigators were secretly watching the arrival of the Sinotrans Shanghai as it pulled into Botany Bay. We hear how this was the last act in a two year international investigation. Some stories over the past few years have suggested the illegal cargo had “vanished” during transit but again the public fails to be told how a team of forensic scientists search the container and not even a microscopic particle or trace was found of any illegal substance. This proving without any shadow of doubt that there was never anything inside the container except for rice.

Instead of admitting to the world the Investigators could have got things wrong they decided to continue with this elaborate tale of three men and a conspiracy to commit a crime. Every good story needs a villain, a victim and usually a Policeman and this is the illusion the Crown Prosecution has tried to portray to the Jury. The true victims are James Kinch and Mark Standen, both who have had three years of their lives taken from them.

The Prosecution are doing their job relentlessly trying to discredit these two men as much as possible. They are not going to offer the court witnesses that sing the praises of Mark Standen, although we have heard on many occasions during the trial what an excellent job he did in his role of law enforcement and the outstanding results he achieved even though not always done by the book. None of this mattered as long as the results were achieved.

The Defence have a harder job to prove what the Prosecution is saying is untrue, especially how just one or two words said in the wrong context can make a sentence or the meaning of something read completely different. This has happened on numerous occasions during the trial and over the past few years.

During the past 3 years the Australian Federal Police along with the Australian Crime Commission have visited James in Thailand offering various deals for a shorter prison sentence if he would assist them and stand witness against Mark Standen. James has always believed the trial was a ‘witch hunt’ and has always declined their desperate offers and deals even though their closing threats have often included how they can and will make his life unbearable. It would be an easy option for anyone to lie and mislead the court but James has always been a man of integrity and has always believed justice will one day prevail.

Bakhos Jalalaty, we have heard, was a successful business man with his company, BJ Fine Foods, but reading between the lines both James Kinch and Mark Standen have been completely taken in by his lies and deceit. Bakhos Jalalaty on the other hand, the man the Prosecution has tried to make us believe is the victim, is in fact possibly the real villain behind this story. A man who is prepared to lie and abuse the trust of his friends and family, then sell his soul to the highest bidder. We have heard nothing from Bakhos Jalalaty during the trial which is surprising as he is the Prosecution’s star witness. This is unusual to say the least and the reason for this is, he has continued to lie accusing the others two men to save

both himself and his wife. The AFP once told James they don’t believe a word Bill Jalalaty has said but as long he is saying what they want who really cares.

Like the other two men Bakhos Jalalaty has served over 3 years in prison but unlike the other two men we believe his future has been mapped out for him, “Say what we want and you will do a minimal prison sentence.” We are sure he will be selling rice to the fine people of Sydney in the next couple of years.

It’s easy for anyone to take the safe bet in life especially when the Crime Commission is offering the deal of the century. Bakhos Jalalaty always denied doing anything wrong in fact if anyone was doing any thing wrong it was probably him. Then all of a sudden you hear nothing again from him, his sentence is given out in court behind closed doors and he’s now probably sat in his cell smiling to himself and crossing off the remaining days he has left to serve on his sentence.

His wife under oath told the Jury she had a sports bag in her wardrobe with a $1,000,000 in it. Then we hear, “She thinks it’s a million.” We hear how she used to pay people from the bag and even invested over half of it but again she was not sure how much was really there or exactly who gave her husband the money. We hear how she knew her husband was doing something which she believed involved drugs which would make a lot of money but again she has never faced charges or ever been questioned. The reason for this we imagine is because of the nice cosy deal Bahkos Jalalaty has done for himself and his wife.

The allegation James Kinch gave Bahkos Jalalaty over a million dollars is again a complete fabrication and utterly untrue. Where this money came from James is unsure but definitely not from him. James has never returned to Australia since he left in 2004, so to hand someone over a million dollars in cash would be impossible.

Mark Standen received $45,000 from James Kinch – this is not true. James Kinch did send money as the Prosecution alleges, £20,000, not from under his bed or where ever one may have money but from one of those strange places called a bank. The money came from a legitimate bank and from a legitimate account. Both the UK Police and Australian Police have seen the innocent details of the transfer to Bakhos Jalalaty, but have not produced this for the court. Whether Bakhos Jalalaty gave the money to Mark Standen for eye surgery we don’t know but we can confirm £20,000 was sent in December 2005.

The question I am sure the Jury would like to ask is a simple one why if Bakhos Jalalaty had over $1,000,000 in cash in a wardrobe allegedly from James Kinch then why would James send £20,000? Why not just say, “Take it from the bag?” We wonder whether any such money ever existed.

During the trial we hear Bakhos Jalalaty invested €580,000 and his friend Mark Standen tried to ask for it back but again what does the prosecution expect us to believe? That an investment company would accept this kind of money in cash?

We hear how Mark Standen met James Kinch whilst he was in Dubai, again nothing unusual and quite innocent as James was often there on business, he took the opportunity to have dinner with his friend Bahkos Jalalaty, the meeting was brief and they never met again. James Kinch was interested in working with Bahkos Jalalaty not importing rice but exporting emergency housing to third world countries and disaster areas. (www.foxhornibrook.com)

We hear constantly how Mark Standen was looking at his future and possibly leaving the Crime Commission. This surely is not any thing any other civil servant dreams of doing whether a fireman, policemen or soldier, even Mr Bradley has resigned and due to leave the Crime Commission in a few months. During the trial we hear Mr Bradley has told the Jury the Commission denies doing deals with

criminals, all one has to do is read the various shocking stories on the web to believe that even whilst under oath has Mr Bradley did not tell the truth.

Other stories that have shocked the world is how Mr Bradley authorised an operation called “Mocca” where he allowed the Crime Commission to sell 6 kgs of cocaine or the equivalent of over 100,000 doses on to the streets of Sydney in an attempt to catch Sydney drug dealers. When questioned by the High Courts full bench including Justice Michael Kirby and other senior Judges they found unanimously that, “The operation to release the cocaine was a conduct likely to seriously endanger the health or safety of users.”

This operation was personally authorised by Crime Commissioner, Mr Philip Bradley, Mark Standen’s immediate boss. In court a Crime Commission spokesman said they were confident the cocaine wouldn’t kill anyone. The ACC spokesman then went on to say we did some research into the health information relating to cocaine use. There are some health issues in relation to its continued use. There are no recorded deaths from cocaine use which is one thing we researched. One magistrate described the operation as “jaw dropping”

Mr Greg Smith, NSW Attorney General and Minister for Justice said “I just don’t think the current state of the law or my morality would allow that to happen, allow people to harm themselves.” Peter Robinson, solicitor (NSW CC 1986-91) “If its seven kilos of cocaine this time, why isn’t it fire arms next time? Where do you draw a line? Are we going to allow the Crime Commission to supply drugs and firearms to the streets of Sydney?”

In 2005 Philip Bradley also approved another operation called “Tom” where they authorised an informant to sell 6 kgs of Cocaine to alleged drug dealers in exchange for immunity from Prosecution. The High Court again said the operation had endangered the health of the community by authorising the sale of cocaine to the public. The Judge then went on record to say, “If you break the law, you go to jail and if you’re going to enforce those rules you must follow those rules.”

Over the past few months The Australian Crime Commission has been in the press a lot with their extraordinary draconian powers. Mr Bradley has been fending off calls for a Royal Commission for several years. In one statement from Ian McClintock SC he quoted, “We give the Crime Commission extraordinary powers. We allow it to conduct secret hearings. We deprive people of the normal right to silence, that has a potential high cost to the community and it deserves a review process.” New South Wales Crime Commission has been too secret and too unaccountable. It has been stretching the law too far.

Another comment made by Philip Boulton SC, New South Wales Criminal Defence Lawyers Association, “To have undercover police officers pretend that they wish to buy drugs is a necessary part of policing, but to buy drugs and then sell them and then bank the money on behalf of the New South Wales Treasury is a very, very unusual tactic. That sort of investigation tool should be applied if there are absolute checks and balances in place to ensure that people are not hurt or harmed in any way.”

The Crime Commission argued in court that its powers were even wide enough to let it, if need be to “participate in an armed robbery.” Mr Peter Robinson replied “I wouldn’t want to be a bank teller with a gun up my nose, whether it be a Crook or Crime Commission operative doing an armed robbery. So you wonder whether, over a period of time, you give someone power and more power and more power, and because there are no checks and balances, if you do the wrong thing or make a mistake and get away with it, you just keep doing it”.

The Crime Commission have incredible powers and everyone from Judges to Members of Parliament have ignored what’s been going on at the Crime Commission because of their results and the huge amounts of money they confiscate, but now Mark Standen one of the senior and most respected agent is on the stand and condemned for not doing quite the way things should be done results and arrests. He has been patted on the back with one hand for his incredible results then slapped in the face with the other hand.

New South Wales Supreme Judge, Stephen Rothman, in June dismissed Crime Commissioner Philip Bradley in his bid to silence the PIC (Police Integrity Commission) inquiry. The investigation will examine the practices and procedures of the Commission in their conduct and actions under the criminal assets recovery act after allegations the Commission had been sharing millions of dollars worth of criminal proceeds with criminals and also using the confiscated money to pay its own legal costs.

In the unprecedented attempt by the NSW Crime Commissions to silence a public inquiry into its affairs by a corruption watchdog (PIC) Mr Bradley spent $174,768.28 on lawyers to fight the court action according to figures released by the premier’s office. The PIC defending itself spent another $211.649.00. In total costing the taxpayers of New South Wales over $386,417. Justice Stephen Rothman dismissed the litigation and the acting PIC head Jerrold Cripps QC, announced that public hearings will go ahead.

Back to the alleged villain of this story, Mr James Henry Kinch, well those that know James find this whole story unbelievable. He is a modest man who lives a relatively simple life in a small apartment above a supermarket in Portugal. Not the man that we hear about in the trial with millions and millions of dollars in cash and a flamboyant life style. He’s just a normal family guy who loves and misses his family. His grandchildren believe he is working abroad, not in one of the world’s worst prison on charges conspiring to import a container full of rice. This whole episode of his life has been a nightmare full of front page headlines and stories out of a fiction novel, so he is the real victim. James lived and loved his short time when he lived in Australia where he fell in love with the country and incredible people. In 2003 he was arrested after a car park security guard found a small brown paper McDonald’s bag with a few small bags of tablets later to be identified as illegal drugs. In the security guard’s statement he said “I assumed the bag was thrown from a car travelling on the Cahill expressway.” These tablets were nothing to do with James Kinch and could have appeared from anywhere or anyone.

A laptop bag was also found in a lock up garage, again James was accused of money laundering. After no evidence what so ever to say either belonged to him he was released in 2004 and came back to the UK. He has never returned to Australia. The 4 original charges were withdrawn in 2004 but were reinstated and increased to 17 charges so the Thai Courts would hold James Kinch on behalf of the Australian Authorities. The arrest warrant for the apprehension of James was issued in Sydney, Australia on the 13th of November 2007. The warrant was illegal as it was not completed correctly as required by law.

James was then arrested almost 6 months later, although the authorities knew where James lived in Portugal, so could have arrested him at any time.

James believed he was enticed, as he suggested before, to Thailand by someone he later believed was from the AFP and that’s why he was not arrested sooner. If the arrest had happened anywhere else in the world James would have been released immediately but Thailand is different. At every Court appearance the Judge has not asked for evidence against James to be produced and when James provides evidence in way of experts on Extradition Laws the Judge just dismisses the evidence. It’s only recently that the British Government has got involved and has looked at the lack of evidence and miscarriage of justice against James Kinch that the chance of a fair trial may now be possible.

Our conclusion and possibly the last chance that James will have to voice his opinion before the end of the trial, as we have said before he is the real victim in this story. The villain and the only one that knows his true future is the person that has not been asked to take the stand during the trial, Bakhos (Bill) Jalalaty.

Mark Standen in our opinion is an honest man who has tried to serve his country to the best of his ability and has done an outstanding job with incredible results. Unfortunately though he has been the envy of too many other departments in law enforcement and this has possibly been his demise.

For the past 25 days Mark Standen has taken the stand for what must have been an emotional and harrowing experience. He was grilled and cross examined over and over again going into such small and sometimes irrelevant detail. Crown Prosecutor Mr Tim Game suggested Mark Standen has lied on occasion but fails to say how over the past few weeks he has tried to mislead and coerce replies from him in a deliberate attempt to trick and manipulate his answers.

The Jury for the Mark Standen trial have been very patient going through the ordeal of this trial with every small detail being dissected and twisted so the pieces of the puzzle fit somehow together. We are sure they are now looking forward to getting on with their lives and getting back to normal family life. I hope the same can be said for both Mark Standen and James Kinch.

We hope the web site has been interesting and has given an honest outlook from one of the victims.

If any one has questions please feel free to post them on the wall and James will try and give a reply but please ensure your email address is correct so we can respond promptly to your questions.

Thank you taking the time to read this web site.

James Henry Kinch

May 26th 2011

Over the past month we have been watching with great interest the trial of Mark Standen and all the evidence or should we say lack of evidence that has been put in front of the Judge and Jury.

Life has not changed much for James Kinch, the daily rigmarole and suffering being kept locked up in one of the world’s toughest prisons with the only communication with the outside world is from the post he receives from his family and friends.

We read with interest various reports how Mr Philip Bradley and other senior staff tolerated Mark Standens “laxity” in complying with Commission rules because of “his operational results” and how Mark Standen, until his arrest in June 2008, was “the best investigator” who had “a very good track record.

Other quotes include “Mark Standen was very effective” was one quote from Mr Newton who recently took the stand and other quotes like how he believed all proper procedures were followed and how the Crime Commission Investigators “flew by the seat of their pants on many occasions.”

It seems quite clear Mark Standen was a man of integrity and took great pride in his job and the achievements he had accomplished.

It also seems quite clear that Crime Commissioner boss, Mr Philip Bradley, knew and approved the way things were done in the Crime Commission by various agents including assistant director Mark Standen as long as they achieved the results they achieved.

We also here in court how during the 4hrs Mark Standen was interviewed, after his arrest he was quite open in the interview that he was exploring a “business relationship” with businessman Bill Jalalaty.

We hear how Bill Jalalaty ran what appeared to be a successful fine food import business, so it does not come as any surprise that Mr Standen might want to get involved, all of which was openly discussed in the interview.

In the interview we also here that other business opportunities with Jalalaty included the possible import of Timer, olive oil and water to name just a few.

We hear Mark Standen was having money difficulties, well I would imagine 80% of the worlds adult population has money difficulties in one way or another, all intended though by the Prosecution to tarnish a man with impeccable service to his county and the people of his country.

During the last 3 months we often hear repeatedly the words James Kinch, Drug Trafficker and how he is allegedly a member of a drug syndicate.

The Crown fails to tell the Jury James Kinch has never been found guilty of any such crime relating to drugs or any substance for the manufacture of drugs. Again this is a last ditch attempt by the prosecution to mislead and direct the Jury into believing this whole story was true even though there is no evidence what so ever to say a crime was committed or intendended to be committed by James Kinch or Mark Standen.

We hear when giving evidence Mrs Jalalaty told the Supreme Court how her husband had borrowed over $1,000,000 Australian dollars in 2006 and how her husband had told her it came from a friend of Mark Standens to help him start up a business. Dianne Jalalaty “believed” the person who lent the money was a person she knew only as B52, again strange you don’t know the persons real identity or ask your husband the identity of someone that had lent you such an large amount of money.

James Kinch and Dianne Jalalaty have never met nor have they ever had a conversation. Some what unusual if some one had lent your husband $1,000,000, according to her evidence.

James had not been back to Australia since he left in 2003 so the claim he had lent some one this amount of cash is some what ridiculous.

During Dianne Jalalaty’s evidence we hear how she introduced her husband to Mark Standen when they worked together in the Australian Federal Police Force and later The Australian Crime Commission. Some of her statements leave us in bewildered how she has never been arrested and charged along side her husband.

Mrs Jalalaty admitted in court “she believed the shipment of rice contained drugs.”

Other claims she made was her husband had told her he would be able to repay the debt.

She also referred to more than $580,000 of the money being invested in an investment company at her husband’s initiation and how her husband often instructed her to withdraw cash from the sports bag were the money was kept.

Crown Prosecutor Mr Tim Game SC asked if she had “an expectation that there would be a very substantial profits associated with the investment?”

Dianne Jalalaty replied “that was what was indicated.”

Tim Game SC then asked “did you understand that something to be drugs of some kind?”

She replied “yes.”

We also hear how she “understood the amount borrowed by her husband to be $1,000,000” which makes us question was their really this amount of alleged money if she says “she understood the amount to be.”

In Mr Standen’s interview when he was arrested he described Bahkos “Bill” Jalalaty “unusual” “likeable” and “the world’s biggest liar.”

Officers in The AFP were reported saying they did not believe Jalalatys statement, but now the prosecution are relying on this worthless fabricated evidence.

It appears Bahkos Jalalaty had made several bad financial investments and judgements and he continued to lie and deceive friends, family and colleagues.

His wife claims she had a bag with over $1,000,000 in cash hidden in her wardrobe and on her husband’s instructions took cash out. On one occasion she invested a large amount, over half, in investments.

On oath she claims she knowingly handled what she believed to be the proceeds of some sort of crime and claims she was unsure of the amount her husband had borrowed or who had lent it.

She does admit in her evidence she believed her husband was planning to import drugs, so again if this is the case why has she not been arrested and face the charge of Money Laundering.

The whole thing seems strange how Bahkos Jalalaty was running around the world trying to make deals with just about everyone.

Mr Jalalaty may have been planning to commit a crime, who knows, but all we can say is that James Kinch has never discussed or at any time had an agreement or intention to commit a crime what so ever with him.

The Crown asks you to forget that Mr Jalalaty is the real villain of this story and seeks to portray him as the victim.

The Crown suggests Bahkos Jalalaty stored acetone on behalf of James Kinch. Again this claim is totally untrue as again James has not been in Australia since 2003.

This week should be the end of witnesses on behalf of the Crown and the Defence will now take the stand.

We look forward for the truth to now being put before the Jury instead of the smoke screen of illusion the prosecution has offered as evidence.