Monday, November 14, 2016

Trial And Error Part II - Precedent And President

Yo' ma' homies in Ukraine, Germany, Netherlands, and Romania ...and of course the good ol' USofA...ain't for me to be tellin' y'all what's your business, and regular availees will back me (I hope) when I state that I'm tryin' real hard to be all about sayin' what I've got to say and why I gotta' say it, yeah? but not about tellin' others what to do...and there is a difference...but dear USofA, WTF mofos?...(you are so White dude-Ed)...from Gee Doubleya to Barack and back...(but not just back mate, back and well beyond-Ed)...what he said...from what I've seen from my distant post is not something I can endorse...I cannot and will not support Donald Trump, whatever he calls himself...I believe that what we have witnessed is the fundamental flaw of Voluntary Voting resulting in the election of an undeserving man, and not least of all because his opponent was a woman, regardless of how popular or not she was/is...

And I ain't no saint and I ain't just a sinner, but Donald Trump is an arse; an arrogant, bigoted, privileged, sexist, racist hypocrite; a pathological liar who exists in the pseudo-reality that he creates around himself...(so what happens when he bankrupts the USofA, does he just go borrow $$$squillions off his banker mates who can't afford to go bust if he renigs on the loans they've already made him, and then go start a new country? bull-shit!-Ed)...steady Ed, but a relevant point...(and what about the rank misogyny shit about groping women, and 'she's not attractive enough to grope', etc? what opinion do women have of themselves in the USofA that a single one would vote for this?-Ed)...another good point Ed...(and the inciting violence stuff, even against Hillary Clinton were she to become President?-Ed)...I know mate, I saw it...(well apparently millions in the USofA didn't, mate-Ed)...well clearly enough, enough millions did hear it, heard it and then voted for it...

The 2016 USofA election is a perfect example of Stone-Age psychology and strategy and with the exact same outcome...(what, stampede the herd by scaring it senseless, baying and snapping relentlessly at it's heels, and then run it right off a cliff?-Ed)...yep, exactly that...everything that's wrong with your life is someone else's fault, especially that person there who looks different or thinks different...(persecute the heretic!-Ed)...and of course, it's way easier to be selfish, insular, bigoted and uncaring than it is to be respectful, empathetic and share a little bit of your vast wealth...(global economic strategies/theories/conspiracies/whatevs aside, I don't understand how it is/was that Donald can stand there over and over again and accuse everybody else he is/was opposed to, accuse them of being exactly what he also is, and nobody really ever held him to account for it-Ed)...other than in comedy sketches...(exactly!-Ed)...but certainly not in the ballot...

And it's a lose-lose for the vast majority of global citizens who look at this entire election process as a bit of a running joke, and the outcome as a laughable indictment of the entire population of the USofA...to start with second, many people do look at it in that light, that it's a bad joke with a laughable outcome that will isolate the USofA from the rest of the planet, but firstly and worse-tly, those whom voted for Trump apparently consider that isolation to be a positive thing, it's what they've voted for...anyhoos, it is what it is and what will be will be, and I'm just a person who cannot say that I respect the authority of Donald Trump because, well, because it's Donald Trump...if it's any consolation, I don't believe that Donald is entirely representative of the USofA and that it's still a country chockers-full of halfway decent people, no better or worse than I...and then there was this...

Court In The Act:...but unable to specifically identify it (the Act) because that would identify the Authority involved, etc, etc, and because this post is strictly about what happened in Court re my trial, I'm going to get super-dignified and on-task so as to be appropriately respectful of issues of 'Contempt Of Court', etc...so that's the end right there to sarcasm and commentary, etc, at least until we all get to 'Tomorrow'...

As per the last post, my official actual trial started on Wednesday 2nd November 2016, following 22 months of Pre-Trial Conferences, adjournments, the case being moved to Adelaide then back again to Mt Gambier, etc, etc...please refer previous post for more detail, but basically, it all kicked-off about 1000hrs on 02/11/2016 with about 45-50 minutes of establishing trial procedures, etc, then I was required to enter a plea to each of the 19 'counts'...so that gets us to about 1100hrs when SAPol Prosecutions started trying to 'Amend' several of the 'counts' because there were "issues" with them...there was lengthy discussion between Her Honour Teresa Anderson and SAPol Prosecutor Batten, resulting in a 'recess' of 30 minutes (at 1140hrs), which HH told SAPol Batten to utilise to sort out the 'Charge Sheet' (or the 'counts')...

I returned for the 1210hrs re-start, but SAPol returned at 1240hrs, a full hour later, with a completely differently formatted and freshly photo-copied 'Charge Sheet', covered in hand-scribbled notes and flouro-pen highlighting...at the re-commencement, HH identified "issues" with several other 'counts', there was further lengthy debate, and HH called 'lunch hour' at 1310hrs...we all returned at 1410, where-upon there was continued discussion re the 'Amending Counts' stuff, and I stated that I was very concerned 1) to see SAPol even attempt these 'Amendments', particularly given that 2) HH was already talking about refusing SAPol's request to "completely change" (HH's words) one of the 'counts'...after about 30mins of this, HH had no choice but to call an adjournment at 1445hrs...

So Day One, 02/11/2016, ran from 1000hrs to 1445hrs, with 90 minutes for breaks, 30mins just waiting for SAPol, and 1hr30mins of SAPol 'Amending', or trying to 'Amend' 10 of the 19 'counts'...please note, again, how The Border Watch article (just below) skips right-over this huge chunk of the proceedings re SAPol 'Amending' stuff, skips over it with a fundamentally incorrect paragraph (please see previous post for more detail) whilst constantly stating that all this was "to assist Fletcher" and "give Fletcher a chance", etc...TBW have jumped from 1100hrs to the 1445 adjournment, time entirely consumed with SAPol's multiple attempts to 'Amend' multiple charges, and have then said it was about helping me...

And at the adjuornment, HH asked SAPol and I if HH could read the 100 documents that I had provided SAPol and HH to support my frequently stated position/belief that the entire situation was/is a "political persecution" motivated by the contents of this 'ere blog, and as already evidenced by me having my very own SAPol 'Operation Baritone' since February 2014, my home being 'raided' on May 7th and 8th 2014, the failure to 'Charge' or 'Summons' or notify me in anyway prior to my 'case' starting in Mt Gambier Court on February 3rd 2015, and the 18 'hearings/sittings/Pre-Trial Conferences/whatevs since then, etc, etc...HH has acknowledged, and I feel ratified, my repeated assertions re "political persecution", and directed me to prepare a 'pre-defense'* of "Abuse Of Process", and further modified that at the last Pre-Trial Conference on October 11th 2016 to "Malicious Prosecution"...                        (*my term for doing this AOP/MP stuff first, and then if the trial proceeds after that, then it's prosecution case followed by defense, etc as per a regular trial)  

SAPol challenged "the relevance" of these 100 documents, but agreed to HH reading them that afternoon, and so it was we adjourned...and there were to be witnesses and there were to be more days, etc, and all that may well yet happen, probably/possibly in March 2017, but it didn't quite work out as organised for Thursday 3rd and Friday 4th November, because at the re-commencement of proceedings at 1000hrs 03/11/2016, HH "disqualified herself from hearing the case", as reported in TBW on 04/11/2016, also attached below...TBW then acknowledges that HH thanked me for my co-operation, and the issue of 'abuse of process'...and here I get conflicted because TBW have reported fairly accurately what happened, but have completely failed to report why, and this is a huge omission given the outcome...

It is an irrefutable fact that as of 1445hrs on Wednesday afternoon November 3rd 2016, my trial was moving forward, but at 1000hrs on Thursday Her Honour withdrew from the trial, and it all ground to a halt until later this month, and then on into 2017...it is also fact that in that time-frame, between 1445hrs on 02/11/2016 and 1000hrs on 03/11/2016, Her Honour read my 100 documents (or at least part there-of) that I maintain fully support my position/belief re "political persecution"...so it was all clear sailing, albeit through the quagmire of SAPol's multiple 'Amendments', but still set to continue at 1000hrs next morning, but didn't...it must be noted that HH did not specifically identify those 100 documents and/or any other specific reason for 'disqualifying' herself, but HH was also in the difficult position that having 'self-disqualified' it was no longer appropriate for HH to comment as to why, as HH explained...

Due to this 'self-disqualifying non-commentary', if I were to offer an opinion on this sequence of events and the motivations and the reason for the 'disqualification', etc, it is purely my opinion and therefore I could run into problems/issues with 'Contempt Of Court'...not sure, but I think that's potentially problematic stuff...it is also true that, whilst the chronology and veracity of these discussions and events re my 100 documents and the stalled trial, etc, is all factually exempt from 'COC', it is potentially possible that there were other, possibly external, and/or even unrelated issues that motivated HH's decision to 'self-disqualify'...I cannot say because I do not know...

I can, however, say again as stated as fact just above, one day we're going forward and next day we're not, and that that's not just what happened relative to me standing there self-representing in the Mt Gambier Court, but it's also a series of fundamentally solid truths...all's well on Wednesday, HH reads my 100 documents, next day HH 'self-disqualifies'...these are un-challengeable truths, in their correct sequence, but are they strictly connected?...in that strictly factual context, I cannot answer that question other than to offer my 'opinion' of the situation...(I'm very confused-Ed)...yeah, mate, I appreciate your patience, hangin'-back respectfully like that and not interjecting and stuff...(it ain't easy ya' know!-Ed)...I could see you were near bustin' there a coupla' times, and I greatly appreciate your restraint...(could we do a post about Mt Gambier City Council or somethin', ya'know? something I can get involved with, what with my rapier wit and scintillating repartee, my informed intellectual discourse and pithy observation, my...-Ed)...maybe later...  

Tomorrow: T&E III - The Final Installment 

One last go at rounding out these latest Court happenings and the resultant reportage...

I am Nick Fletcher and this is my life and this is my blog...cheers and laters...



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