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Cal for impact statements

04 Jul, 2009 04:31 PM
WITH the Esperance Port Authority due to appear in court in September for sentencing, some Esperance residents have already begun preparing victim impact statements.

However, many members of the community may not realise they are eligible to make a victim impact statement.

As well as those who have suffered physically from the effects of lead pollution, such as parents of children with high lead levels, many Esperance residents may have also suffered mentally or financially.

Businesses that have lost money due to lead pollution, and potentially home-owners whose properties have been devalued due to the pollution are also eligible to make a statement.

Local mother and chairperson of Parents of Esperance Active for Children’s Health (PEACH), Mandy Waters, urged any Esperance residents who were victims of lead pollution to file a victim impact statement.

“This is a great opportunity for the community to get some closure from the incident,” Ms Waters said.

“Everyone in Esperance has been affected by lead pollution in some way, no matter how small.

Ms Waters said tourism businesses are an area that have definitely suffered.

“If you have suffered a financial loss somehow, you should be making a statement.

“Look at the local seafood suppliers – they had to go out of their way to prove their seafood wasn’t contaminated with lead.

“Many families spent money having their houses cleaned, putting new soil in their gardens, or have lost time from their businesses campaigning against the issue,” Ms Water said.

Ms Waters’ three-year-old son, Kael, was found to have elevated lead levels in 2007; on top of this, Ms Waters has moved house three times in the last three years, eventually moving to Myrup to escape the lead.

She has also devoted more than two years of her life campaigning against the pollution.

“Financially, my business suffered, because I wasn’t able to put as much time into it, I had to move house, and emotionally, my marriage suffered due to the stress of it all.”

Ms Waters said she attended a community meeting earlier in the week to discuss the victim impact statements, and said there was still some confusion in the community about how to make a statement.

Manager of Esperance Centrecare, Maureen O’Neill, said making a victim impact statement was quite simple.

“Anybody can put in a victim impact statement, as long as it is relevant to the charges and they can prove they are a victim,” Ms O’Neill said.

“The statement tells the judge or magistrate about how the crime has impacted them personally.

“It is a relatively straightforward document that talks about any physical, emotional or financial impact the crime has had; where and when the crime occurred; and you can also talk about how your life has changed since before and after the incident.

“You can also talk about if you have lost any future prospects, lost wages from being unable to work, or lost wages from campaigning, and any other information that may be relevant.”

Ms O’Neill said derogatory and abusive language must not be included in the statement, along with any information that is factually inaccurate.

“As long as you have the evidence to back it up, it can go in.

“A victim impact statement does not have to be written like a legal document – just write it as if you were writing normally.

“If a child has been a victim, parents should write the victim impact statement for them.”

Ms O’Neill said anyone with any questions or looking for clarification could contact Andrea King or Andrea Speer on 9071 6318.

Ms Speer also has a victim impact statement template which can provide a guideline.

Victim impact statements must be submitted to the Victim Support and Child Witness Service at the Esperance Court House before August 1.

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LOCAL mother, Mandy Waters, is encouraging Esperance residents to submit a victim impact statement if they have been affected by lead contamination.
LOCAL mother, Mandy Waters, is encouraging Esperance residents to submit a victim impact statement if they have been affected by lead contamination.

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