Dear Availees,
It don't take a mug of beer* to see that I haven't been 'coping' let alone posting, in fact reckon it's a month today since the last post...a mans' gotta' know his limitations, or so it's said, because otherwise just sometimes a mans' limitations gunna' come get him and remind him...and so it has been for me...my limitations have sought me out and fundamentally redefined themselves such that I might have a better understanding of 1) just exactly where that line exists, and 2) that I've left that line well behind quite some time ago...it is no exaggeration to say that I've spent half of the last 2 months 'dozing' from bed to couch...literally half... (*Einstein...'ein stein' of beer)
I've covered this 'Crash and Burn Intermittent Narcolepsy (CABIN Fever)' stuff and how that relates to Depression, etc, and the Agoraphobia stuff, etc, etc, in previous posts, and the factors at play, most of that has also been covered, but not quite nearly all of it, etc, etc...one's got stuff goin' on, not coping quite as well as one might hope, etc, etc...it's all fairly straight forward really...
The Odd Angry Parting Shot:...certainly not least of all is the extraordinary conduct of my Court case re this 'ere blog, with another 10 'hearings' last year (2016), culminating in a supposed 'trial' in November that lasted less than a day before it ground to a halt as the Magistrate was forced to call an adjournment because SAPol (police) Prosecutions presented a 'Charge Sheet' riddled with basic errors and contradictions, etc, which they (SAPol) then moved to 'Amend', and 'Amend' after I'd already been directed/forced to 'Plead' to each of the 19 'Counts'...when we returned later that day, SAPol had a completely different 'Charge Sheet' covered with flouro highlighter marks and hand written comments, but still run-through with the same mistakes as before...
This discussion went on for well over an hour in total, and Magistrate Anderson carefully explained what Her Honour considered to be the problems, and that one particular 'Count', 'Count 10' simply could not be 'Amended' and therefore had to be removed or HH would make that 'Order'...as I say, this discussion about the problems/faults went on for well over an hour...first SAPol tried to 'Amend' half of their own 'Charge Sheet', leading to an adjournment, then we returned an hour later only to have HH take issue with most of the other half, and very specifically with '10'...
I am not a lawyer and I haven't studied Law, officially or otherwise, apart from some limited stuff re my particular case of course, but I'm at least intelligent enough to understand what is being said to me/in front of me when it goes on for an hour or more, and the principles at play are relatively so basic...so here goes...
SAPol have cobbled together a 'Charge Sheet' that cites 18* 'Counts' of breaching that specific Act, (*was 19 before HH put the boot into 'Count 10' and SAPol withdrew it), but the error is that each 'Count' actually contains multiple 'Counts'...please allow me to explain thusly...for example - it is alleged that, on a certain date, the defendant has breached 'the Act' by 'blogging' about the defendant's own complaint and identifying people the subject of that complaint/investigation under that same 'Act', namely Joe Bloggs, Jane Citizen, and John Doe, and also identifying the Local Government body involved...each of these 'identifications' is a separate 'Count'...simple enough...
The 'Charge Sheet' should list these as individual 'Counts', that is, Count 1- On (date) the defendant commented on their 'blog' re their own complaint; Count 2- On (same date) the defendant identified Joe Bloggs re 'the Act'; Count 3- On (same date) the defendant identified Jane Citizen re 'the Act'; Count 4- On (same date) the defendant identified John Doe re 'the Act'; Count 5- On (same date) the defendant identified the Local Government body re 'the Act'...all of these are allegedly a breach of 'the Act'...this is a very vague and broad version of what's happening specifically to me, but the basic issue is obvious, each alleged breach should be a separate 'Count' on the 'Charge Sheet'...
Citing Her Honours' own concerns back to HH, I politely declined to accept this attempt to 'Amend' the charges, and HH had no option but to call yet a further adjournment, and I went straight to the only legal advice I can afford, South East Community Legal Service, and they took one look at this 'Amend' the charges stuff and gave me an appointment, in which they re-iterated/confirmed everything that HH had just explained to SAPol and me about the problems/faults...SECLS provided me some limited advice as best they could, and photocopies of the relevant legislation, with only 2 words highlighted, firstly "prejudiced" re how this 'Amend' business affects my case, and 2) "dismiss", which is fairly self-explanatory...
This issue was never resolved by Magistrate Anderson because, on the commencement of my trial next morning, HH suddenly excused/disallowed/whatevs Herself from hearing my case, and the whole shabang was adjourned, again, to be heard 3 weeks later by a different Magistrate flying down from Adelaide especially...as previously posted, when HH called the adjournment early on that first afternoon, November 3rd 2016, HH stated that HH would utilise that now-free time to read the 100 documents I had provided the Court and SAPol, as Ordered by HH, documents in support of my frequent statements/accusations that my trial was/is "a pro-paedophile political persecution motivated by the contents of the blog"...this is me directly quoting what I have said at least twice in Court, along with multiple other similar "political persecution" statements...my constant statements re this issue led to HH acknowledging them as being claims/allegations of "Abuse of Process", which then became "Malicious Prosecution"...these are the specific terms HH used...
The new Magistrate acknowledged but completely dismissed the multiple issues re the 'Charge Sheet' and acknowledged but dismissed the advice/photocopies from SECLS, even dismissing my specific examples of the several specific issues as identified by Her Honour previously...and aside from the advice/direction I had had from both HH and SECLS, I had also spotted that in several 'Counts' a specific person/group/whatevs was the subject I had allegedly 'identified', yet in other 'Counts' the same p/g/ws were 'identified' but not mentioned by SAPol's 'Charge Sheet'...so, what appears in one place and is apparently therefore a crime, appears in the exact same place/context, immediately adjacent, and yet is not a crime...this also then leads directly into the stuff about multiple 'Counts' within each 'Count'...
Pointless hyperbole aside, I had gone into Court that morning fully expecting for the whole case to be thrown out ('Permanently Stayed'), and was genuinely stunned by His Honours' repeated dismissal of all of the issues that had originally forced the adjournment on the first day of the trial, only weeks before...it's not often that I'm left speechless but I was left completely floundering, absolutely at a loss, absolutely unable to reconcile what I was now being told and how it conflicted with everything that I had been told previous by Magistrate Anderson and SECLS...His Honour described it as a 'judgement call' that my case was not compromised in any way by either the gross faults in the SAPol 'Charge Sheet' or the sudden self-removal of Magistrate Anderson...
I argued that my case/hearing was completely compromised because His Honour had not witnessed/experienced any of the extraordinary events of the many previous hearings, eg, the repeated lies of SAPol Prosecutions and their openly contemptuous conduct re the Court, Her Honour, and most particularly me, probably to be listed in reverse in that SAPol's contempt for and animosity toward me has slopped carelessly into their behaviour in Court...regardless, when SAPol Prosecutions lies to me, and is then stupid enough to put that in writing and then send it to me and then provides those same documents to the Court as being factual statements yet knowing that those documents are false, that right there is Contempt of Court, perjury, call it what ya' shreckin' like...but I digress...
I also identified to His Honour, the extraordinary and deceitful conduct of the Australian Broadcasting Corporation (ABC) in lodging a scathingly libellous Affidavit with the Court, alleging years of problems with me and my supposed behaviours re the ABC, etc...using the ABC's own Affidavit I managed to convince Her Honour that it was necessary to get the ABC to provide information to support these outrageous allegations, explain the gaping omissions, etc, and in response to that Court Summons, senior ABC lawyers from Ultimo in Sydney provided swathes of photocopied 'case law' (about 1 inch), and long diatribes via phone hook-up, saying that the Summons was 'too vaguely worded', and 'just fishing for info', and overall it was just "too oppressive"...
You don't know sanctimonious self-satisfaction until you've heard a Sydney ABC lawyer righteously citing why it's alright for the ABC to make rancidly slanderous statements about me in an official Court Affidavit yet fail/refuse to provide one single document to back that up because 'it's all a bit difficult'...I can now, have already, and will continue always to prove 1) the rankly corrupt perjury of the ABC re their extraordinary Affidavit, and 2) how that perjury is motivated by the long history of corrupt behaviour from the ABC re the St Martins Lutheran School Child Abuse Cover-up...and I've barely scratched the surface with this ABC Affidavit stuff...cannot wait to get these gentlemen in Court when they are required to give evidence to this remarkable Affidavit...
Bottomline, I was so genuinely confused in the moment, with His Honours' apparently conflicting statements and subsequent decision to proceed, etc, that I had to ask for a break to get my head together, and HH called yet another adjournment, setting yet another date for another hearing in February 2017 (coupla' weeks away)...HH stated that the 'Malicious Prosecution' would be handled separately on that date and not as part of the actual trial, now set-down for another 3 days in March 2017...
Not too proud to say that I am completely lost...whilst withdrawing, Her Honour made statements about 'Contempt of Court' issues, etc, in a context where it seemed that the trial is/was still current despite HHs' self-removal, but His Honours' comments seem to indicate otherwise, we're having another 'hearing' prior to 'the actual trial'...I have no idea...and beyond that, Her Honour directed that my "Malicious Prosecution" claims would be tested as part of my trial, to follow the 'Charges/Pleads' stuff that we had started but that went so ballistically wrong, etc, and before SAPol began their 'prosecution case', but now it's apparently a separate hearing...no idea why...I have received nothing from the Court since this latest November 2016 hearing...
I do not understand how it is possible that my trial just continues, for 20 hearings and a disastrous trial, across 2 years now, continues-on seemingly regardless of the relentless official chaos and how that fundamentally and completely compromises my chances of a 'fair trial'...and now that I think about it, his bizarre ABC Affidavit perjury stuff and their mind-boggling lawyers, etc, really deserve a post all their own...ahhh, what the heck...
Tomorrow: And Then Gets Back Up And Goes Again
Apologies for deliberately inferring that I was stopping this 'ere blog...a tad naughty of me, but it's not a million miles from the truth...
I have been defeated by the sum of my woes and I have hit the sack like a deck of...I've sacked the deck like a spud of...I've dropped like a pole-axed oxen, prone, face-down in the mud, just a lyin' there...but then, something grabbed me by the scruff of the neck and started dragging me forward...and wouldn't you know it, it's that bloody Self Esteem...
Some weeks ago I made the conscious decision to let myself 'collapse', to resign myself to that which was already happening, etc, and it hasn't been particularly fun, but here we are...
I am Nick Fletcher and I am The Mount Gambier Independent and that's just the way it is and I am here to stay for exactly as long as it takes...cheers and laters...
To close with a joke...had a channel-surfing encounter with one of the plethora of Aotearoa (New Zealand) cop shows on Aussie TV, where-in a middle-aged traffic officer resonded happily that he didn't have any problems dealing with the boisterous and rambunctious young ladies he'd stopped for a vehicle check, no probs because he himself was a father to daughters of a similar age...least ways, that's what he was trying to impart to viewers, but instead, with a broad smile and obvious pleasure, he gushingly blurted-out, "I've had teenage girls"...charming...
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