Howdy dear availees, apologies that it's taken a week to get to 'Part IV' which is in fact 'Part Deux' of the 2 posts specifically about the 7-page Index...there's a tonne of stuff here, so let's g-g-g-go...
Just to let y'all know just exactly how important the current Labor Attorney-General Kyam Maher thinks it is that the ICAC Commissioner has suddenly quit only a little over half-way through her 7-year contract/appointment...(and quit citing the bureaucratic dysfunction/ineffectiveness of ICAC as brought about by changes to ICAC legislation 3 years ago-Ed)...indeed, that's her excuse..(couched in terms like "But I have run out of steam" and 'it's all too frustrating and too difficult', etc-Ed)...well absolutely, and it's such a critical disaster for the State Government and the ICAC and the whole thing's an unworkable mess, etc etc etc, it's so important to the State's future that a full fortnight after this extraordinary resignation the AG hasn't even called the artist formerly known as Commissioner Vanstone...(oh yes, and how do you know that?!-Ed)...well he said it in an ABC SE Radio News story Monday morning (22nd May), 'haven't spoken to her'...(fair dues-Ed)...so the ICAC Commissioner has resigned stating that the ICAC is effectively ineffectual/powerless/pointless, and the AG hasn't spoken to her?...(mmm, I'm calling 'bollocks"-Ed)...of course it's bollocks, he knew before it was announced...
So here in her own terms/words is the (now outgoing) ICAC Commissioner Ann Vanstone, link followed by related statement...***
https://www.icac.sa.gov.au/public-statement/public-statement
9 July 2024
Statement by the Hon. Ann Vanstone KC
Commissioner, Independent Commission Against Corruption
This
morning I advised the Governor of my resignation as Commissioner of the
Independent Commission Against Corruption, effective 6 September 2024.
At that time I shall have served four years of my seven year term.
It
has been a pleasure to work with the exceptional team that makes up the
Commission. I have led them through tumultuous times and have been
impressed by their commitment to finding a way to make an impaired
system work, so that it provides public value.
Since the 2021 amendments to the Independent Commission Against Corruption Act 2012
(SA), our focus has been on streamlining our investigations, assisting
public entities to identify systemic vulnerabilities to corruption and
providing education to public officers. In my time we have published 25
reports (with another 12 in progress) and undertaken nine evaluations of
agencies. This activity is informed by our investigations, which remain
vital to our work. We have conducted hundreds of education sessions,
which I know public officers find useful. Then, there is the work we do
behind closed doors. The importance of all this work has sustained me,
and everyone at the Commission. I am immensely proud of it.
My resignation is prompted by a number of factors, some personal, but most professional.
The
2021 amendments to the legislation governing public integrity in South
Australia damaged the scheme, under the guise of making it more
‘effective and efficient’. I have been saying this since before the
amendments passed and have had reason to continue to say it. In essence,
the public interest is not served by narrowing the definition of
corruption, or by isolating the Commission from the intelligence sources
constituted by all complaints and reports, or by completely divorcing
us from the prosecution process so that we are unable to assist a
prosecution. Absurdly, we are not even allowed to speak to the
prosecutor, meaning they are denied access to the expertise and
knowledge of Commission investigators who best know the matter.
Likewise, the public interest is not served by gagging us to ensure we
cannot comprehensively share with the community what we know about
integrity issues in South Australian public administration; and of
course, it is not served when the public is required to pay the legal
fees of those convicted of an offence, simply because they were
investigated by the Commission.
On multiple occasions I have
pointed out the significant problems within the scheme to this
Government and the last, and to the parliamentary committee that
oversees us. It is not that the legislation is wholly unworkable, but it
does need to be as robust and effective as possible. I have not asked
for the previous scheme to be restored. I have recommended modest reform
and an independent review of the amendments to see how effective they
are. My words have fallen on deaf ears.
I hope the next Commissioner will succeed where I have failed.
There
are two reasons I have remained in the role despite my frustrations
with the scheme that governs it. I perhaps naively expected that the
weaknesses and issues I have identified would be addressed. That has not
happened and I have no confidence that it would, even if I stayed until
the end of my term.
Most importantly, I have stayed for the
staff, to help them retain faith that the work they do is important and
valuable, notwithstanding the attacks on the Commission.
But I have run out of steam.
In
closing I wish to thank every person who has ever reported conduct
suspected of being corruption and those witnesses who have assisted in
the investigations of such allegations. You are the most important cogs
in the public integrity wheel.
To the staff of the Commission, I
say thank you. I have so enjoyed working with each of you and am
grateful for your hard work and commitment to the Commission’s cause. I
shall miss you.
***(Wow-Ed)...I know right?...(I particularly like the bit about thanking "every person who has ever reported conduct
suspected of being corruption and those witnesses who have assisted in
the investigations of such allegations."-Ed)...indeed, and let us show our gratitude by sending SAPol Anti-Corruption Branch to raid your home, relentlessly persecute you via 3+ years of wantonly corrupt 'Trial', load you up with a Criminal Conviction, and then try to gaol you via CorrectionsSA...(it's all your Xmas's at once-Ed)...ain't it though...and then, and then flat-out lie about it on the Hansard, Forever On The Public Record...(unbelievable-Ed)...then, knowing your statements to be "patently false", to be lies, refuse to correct those lies...(that's the bit I struggle with, it's entirely unacceptable-Ed)...damn straight it isn't acceptable...but we digress...
Oh, and good luck gettin' someone, least-ways anyone worth half-a-damn, to apply for that vacancy given those less than complimentary parting shots from the outgoing Commissioner...just gunna' kick-off with the last paragraph of the previous post re the 7-page Index, being 3(h), and then it's all new material from 'Completed Monday, etc'...enjoy...***
3(h) Is
the Addendum that Magistrate White produced (5th
March 2018) in response to my questions about the legislation changes
and as TBW reported it (see document 2(b)).
(*should be
2 (a)*)
In
this Addendum, Magistrate White now acknowledges that I was
'prosecuted under the wrong legislation', specifically identifying
that date when the ICAC Act was changed (27th
November 2014) but blames me for supposedly not explaining it to him
correctly in my written Verdict Submission, and then proceeds to say
'but it doesn't matter because you're guilty anyway'.
Part
Finished as of Friday 15th March 2024
***Completed
Monday 18th March 2024***
Magistrate White only produced this Addendum (and
“re-issed (his) written reasons”) after I spoke-out about it in
Court, but more importantly, because The Border Watch reported this
exchange, as per attached copy 2(a).
This entire 'Verdict Hearing' was bizarre (yet further
proof of why I need those recordings/transcripts) with Magistrate
White appearing 20 minutes late, then not even reading his 'Verdict',
just declaring me 'Guilty on all Counts', and refusing to answer my
questions about the change of legislation, etc, as in 2(a).
Note that M White does not identify where his alleged
“relevant definition” comes from, whilst on many other
occasions/issues he is very quick to quote Case Law, etc.
3(i) Is the original version of the Addendum I
received.
The critical issue here is, either way that Magistrate
White, the Courts, or whoever wants to defend this retrospective
prosecution, I was either prosecuted under the “no definition” of
pre-November 2014, or the altered legislation post November 2014;
either way I was prosecuted under the 'wrong legislation'.
Also critical here, as per 3(f), I was originally
'Charged' with 20 Counts of breaching ICAC Act 2012 Sec56 (a) and/or
(b), and there were multiple applications by SAPol to alter these
'Charges', and even directions from Magistrate Anderson, etc, but
ultimately this somehow morphed into being 'Guilty' of just 'ICAC Act
2012 Sec56', without the defining (a) and/or (b).
The ICAC Act MAA November 2014 completely changes Sec
56(b), and this is why SAPol Prosecutions and M White have changed
the final 'Charge Sheet' particulars, to deny/avoid the reality that
the definition/application of Sec 56(b) is also incorrect and also
applied retrospectively.
3(j) Magistrate White's 'Remarks on Penalty',
again referencing the “massive fines” and again stating that he
is not fining me only because I have no money.
The language here is also very relevant, where-in, at
trial Magistrate White repeatedly threatened me with Contempt of
Court, over 10 times, and the whole trial was conducted as a
pseudo-Defamation case against me with an agenda to stop me blogging.
4) Is my correspondence to the (then) Local
Government Minister Geoff Brock relating to the sort of
abuse/harassment I was regularly subjected to when attending Mt
Gambier City Council and other public meetings.
Magistrate White ignored my statement about this in
Court, when he then issued Final Intervention Orders against me that
legally blocked me from attending any MGCC meetings.
Bizarrely, even though my complaint identifies multiple
incidents with (then) MGCC CEO Mark McShane, my complaints were
forwarded by Min Brock, to CEO McShane, for the CEO to resolve.
5) Is one of many letters I wrote to (then) Chief
Magistrate Hribal and/or (then) Attorney General Vicki Chapman,
included here because it covers many relevant issues/topics, shows I
was in frequent contact with either CM Hribal and/or AG Chapman, and
is yet further proof of why I need those recordings/transcripts.
6) Comm Bruce Lander tries to get me to re-report
what CM Hribal already has, to therefore make myself yet again
subject to the bizarre and itself arguably criminal 'Secrecy
Legislation' of Sec56, which is also now applicable to any/all
Judicial or Police Complaint processes.
The man who instigated the whole deeply corrupted ICAC
Act 2012 Sec56 prosecution against me, openly acknowledges that at
least 'some of the matters raised in my emails to CM Hribal' already
do 'fall inside of his jurisdiction', but he still wants me to
formally complain.
7) From the ICAC website section relating to the
matters finalised across the time period my trial concluded, ie,
February 28th – April 20th 2018.
This relates directly to the spurious claims that my
case was not initiated by ICAC and therefore that's why my case/trial
is not mentioned anywhere in the entire ICAC website/literature.
This is of course entirely false, ICAC Comm Lander did
investigate me and then refer me to SAPol, etc, but it is also an
aberration of ICAC's responsibility to inform all citizens that a
person, especially as being merely a private citizen, had been tried
and convicted and massively fined under the ICAC Act 2012 Sec56.
8) From the Certificate of Record, identifying
that I was already trying to get my transcripts/recordings, and yet
another specific 'self-Order' that M White later refused to look
at/acknowledge.
9) My 4th/5th letter to
Attorney General Vicki Chapman that also identifies the
allegations/charges she was facing under Sec56, only to be 'excused'
by Comm Lander.
A private citizen gets prosecuted, as instigated by the
ICAC Commissioner, gets their own personal SAPol 'Operation
Baritone', then subjected to over three years (mostly
self-representing) of the Precedent Legal Case, etc, then multiple
'Convictions', massive fines, and a bizarre 'Criminal Record', etc
etc, and the Attorney General gets 'excused' by the ICAC
Commissioner.
10) AG Chapman's dismissive response to me, and
as generated only because an independent journalist had contacted her
about my “bizarre trial”, and as concluded with a vacuous threat
about 'publishing'.
AG Chapman silently concedes that this entire matter
should have gone to COAG (Council of Australian Governments) by
stating that she “declines this request”; she doesn't say it
cannot be done, she says she will not, thus defining that it can be
and therefore should have been done.
Index
Concludes
I apologise that it has taken me so long to compile
these documents and index, but I'm sure you appreciate the volume of
documentation I've had to trawl through and whittle down to these
relative few, and the trauma doing so has re-ignited for me.
However, given the importance of my Precedent
Prosecution and the many, many issues covered in just these few
documents, I would be happy to discuss this in detail with you, talk
you through this index, etc, and/or provide you any further
documentation/proofs you may require.
Again I ask that you help me access a full copy of all
my trial recordings.
Yours,
Post Script 19th March 2024
As per our phone conversation yesterday 18th
March 2024, at your request I have added Magistrate White's
'Judgement/Reason for Decisions' Wednesday 28th February
2018 (Updated Version).
This 'Judgement' is a farcical attempt to re-write the
reality as it occurred, eg, M White making completely false
statements about how he gave me numerous adjournments to review
evidence, etc, when the reality is he repeatedly refused me, eg, when
he refused me an adjournment, so I provided a Medical Certificate,
but he dismissed it and 'Convicted' me in my absence.
Also added are three documents marked as 'Abuse of
Process', being,
Magistrate Anderson's official account as per the
Certificate of Record;
The related article from The Border Watch;
Magistrate White's 'Reasons for Ruling' after he flatly
refused to allow me to present my 100-document 'Malicious
Prosecution' submission.
Magistrate Anderson originally identified my repeated
claims of 'Political Persecution' as being 'Abuse of Process', but
Her Honour changed that to “you are talking about Malicious
Prosecution” by October 2016, and that was the term I used on the
title-page of my 100-document submission.
As the transcripts will prove (if I ever get them), I
was Ordered by HH Anderson to present about 'Malicious Prosecution'
and that is what I proved to HH to the degree that HH immediately
recused herself, albeit only identifying 'Abuse of Process'.
Regardless, how many times in Sth Australian legal
history has a Magistrate recused themselves citing 'Abuse of Process
– Stay of Proceedings'?
Replacement Magistrate White refused me presenting my
submission (8th February 2017) so I just stood up and
started talking, but could not address any specific documents.
Magistrate White then produced this 'Reasons' with the
deeply cynical and deliberate attempts to;
set me up for future 'Defamation' action, and;
deny the Child Abuse Cover-up I had identified as being
the primary motivation to prosecute me, and;
identifies the precedent “remedy” but then ignores
it because it will result in “preventing the defendant from being
prosecuted”
When this 'Reasons' was tabled in Court, I stood up and
roundly abused M White; “How dare you? Who do you think you are?
You don't get to say that there's no cover-up”, etc, and he just
sat there.
Again, these “Malicious Prosecution/Abuse of Process”
hearings and related verbal testimony, etc, proves why I need all
these transcripts, and as (legally) should have already been provided
to me.
This
Post Script completes and supercedes the Index letter 18th
March 2024.
***And there ya' go...and I haven't heard from MLC Frank Pangallo in over 3 months...(really? that's odd-Ed)...how so?..(well back in March he was so urgent, so insistent that this was time-critical, etc, and he's had plenty of time to mouth-off about all manner of other issues in Parliament, upto and including vitriolic, sycophantic support for the Zionist Israel Genocide in Gaza and the West Bank-Ed)...indeed he has...(but like we mentioned previous post on this issue, he hasn't found time to inform the Parliament or even send us an email, not diddly-squat-Ed)...no no, Frank maaate did exactly what Frank maaate does and what we knew Frank maaate would do...(make sure he's okay and then scurry-off back under 'is rock?-Ed)...precisely, Frank maaate got the info Frank needed to protect/benefit Frank and that's all Frank cares about...just another self-important, self-indulgent, selfish pro-paedophile corrupt South Australian politician...
Tomorrow: Back To MGCC's Dismantling Of Mt Gambier Tourism
So in closing we'll just make that point again...on Thursday 7th March 2024 ICAC Commissioner Ann Vanstone made a series of factually incorrect statements (on Hansard) about my ICAC Prosecution/Conviction, upto and including that ICAC played no part at all in that prosecution ...as of 2 weeks later, and at his repeated request, I had provided MLC Frank Pangallo irrefutable documented proof that those statements were untrue/incorrect/false, and when he failed to act at all, I contacted the ICAC on the 8th and 10th May 2024 to inform Comm Vanstone...Comm Vanstone has refused to acknowledge the issues, refuses to address her "patently false" statements, and is now quitting...
So at the very least, Comm Vanstone and MLC Frank Pangallo know about these errors/falsehoods/lies on the Hansard, and yet neither have seen fit to act in any way to inform the Parliament and/or correct that official public record...and I'm the one with the Criminal Conviction...there will by necessity be several more posts on this extraordinary issue...
I am Nick Fletcher and this is my blog...cheers and laters...