Monday, May 8, 2017

When The Left Hand Says The Right Is Wrong - Part II

Howdy again in Ukraine, Turkey, Israel, and Spain...and of course back in the motherlands of the United Kingdom and Aotearoa (New Zealand) whence my relatives did originate...might have briefly mentioned earlier in this 'ere blog, the life of extraordinary luxury and privilege I've lived just for being born a White Man in this 'ere Stolen Land...but that's an ANZAC tale for another day I'm sure...(you're not happy about some of that ANZAC stuff are you?-Ed)...got a coupla' issues with it, yeah, quite a few people do...laters with that though, now for this...

Passin' To Batten And Back Again:...just to properly explain myself and following on immediately from WTLHSTRIW...I have done and continue to do extraordinarily well with my self-representation, and I do take a modicum of pride from that...(he run straight Kenny, he run strong-Ed)...what?...(it's Shakespeare, doesn't matter-Ed)...whatevs, I do have pride in my achievement and therefore pride in myself, and exactly in that order, but I never lose sight of the fact that a biggish part of why I can do so well in the catastrophic maelstrom that is my Court stuff is because, 1) it's largely been just me doing my bit and telling my story, and 2) I'm just telling the same story so there's no need to try and remember versions of things and whom I have and/or haven't told what, and/or in which email, etc, etc...in comparison, I've been dealing with multiple Magistrates...(3 now?-Ed)...yep, 3, and 6-7 different SAPol (police) Prosecutors telling a multitude of porky-pies...(7? nooo?-Ed)...orr yeah, upto and including SAPol Prosecutions Head Honcho Andrew Paech, all who have regularly swapped back-and-forth, Ms Diamandi one hearing, SAPol Mt Gambier's Batten the next, Andrew Paech the next, then back to Batten, etc, etc...

This ridiculous 'plausible deniability' strategy is seen to be even more inappropriate when considered in the context of how critically important this precedent case is re this massively powerful piece of legislation, the ICAC Act 2012 (Independent Commission Against Corruption Act 2012), and defining the otherwise undefined powers of the ICAC...just exactly where do the ICAC's powers stop?...(do they stop? ever?-Ed)...well indeed...and this near-schitzo pogo-ing between different SAPol Prosecutors disappeared into a gaping paradox of it's own creation last October 16th 2016...(oh yeah, when SAPol Pros Batten was here in MG Courthouse and simultaneously Ms Diamandi was in Adelaide cobbling together a bizarre 'new' Affidavit for the ICAC investigators-Ed)...exactly, an Affidavit not mentioned at all here in Court the same day it was supposedly penned in Adelaide, and that I received a week later...and what is truly hilarious about that particular 'new' Affidavit is, is that it contains several new documents that I never even knew existed...(doozies?-Ed)...absolute doozies that I am now going to politely ram-back whence they came...(with relish?-Ed)...and possibly a small seasonal garden salad...(with croutons?-Ed)...with croutons...(nice-Ed)...

On one occasion, during the June 2016 audio/video link hearing thingy before Her Honour Teresa Anderson with Ms Diamandi aways there in Adelaide, I saw a short, red-haired female SAPol officer enter the door at the back of the room behind Ms D, look just off-camera to whomever was obviously and anonymously sitting there, and then, clearly under direction, shimmy sideways along the back wall and out of camera shot, exit stage left already even...(heavens to murgatroyd-Ed)...yeah, I know...doppelgangers aside, that officer was Mt Gambier SAPol Prosecutions Rebecca Stokes who handled my case when it first kicked-off ways back in February 2015...(wasn't it SAPol Pros Officer Stokes who negotiated with the South East Community Legal Services Legal Eagle (an actual lawyer person) and the Magistrates Court in May-July 2015 re moving the case to Adelaide because of the impending vastness of the whole shebang re the many Constitutional and/or Legal issues involved?-Ed)...well yes it were her, the Leagles did, the Court agreed, and yes it was moved for exactly those reasons...

And reasons that remain unresolved despite being repeatedly asked-after by moi...I have repeatedly identified and requested the alleged legal advice that SAPol Prosecutions used and/or was used by Magistrate Foley in returning my case to Mt Gambier (December 2015)... it is unavoidably irrefutable that the original decision was negotiated over several days and a coupla' hearings, numerous phone calls, etc, and that that original decision was then reversed...these are plain facts; the Trial was moved, then was moved back...what new evidence has supposedly surfaced long after these original negotiations? evidence that comprehensively refuted/reversed the original decision to move, and then without any explanation to me, even now...(and in February 2016 it was SAPol's Ms Diamandi who identified the need for a meeting of all Attorneys General re the Constitutional Law implications, a meeting required prior to the trial commencing-Ed)...exactly! what about that?...

I raised this specific issue re the re-moving of the Trial, and asked those specific questions, 'what is the new and contradictory legal advice re the Constitutional issues, and where did you get it?'...we, Mr Paech and I, discussed this at length, and his repeated and only response?...('put it in writing'?-Ed)...exactly, put those questions in writing'...and I have, not least of all in the form of a Court ratified Summons, etc, etc, etc...(wowsters-Ed)...this discussion refers of course to the notorious phone conversation of March 4th 2016 when Mr Paech, not identified by Ms Diamandi as being present, suddenly interposed himself mid-conversation and took-over...(I thought you did the 'notorious' around here?-Ed)...what?...(after The Border Watch described you as 'notorious", I thought you were wearing that hat now, with a degree of pride, and may I say, a certain degree of rugged style-Ed)...you certainly may say sir, you certainly may... 

Anyhoos, it was SAPol Prosecutions' Mt Gambier based officer Rebecca Stokes whom conducted those negotiations here at Mt Gambier Courthouse back in May-August 2015...I distinctly remember standing in the MGC upstairs foyer-area with my SECLS Leagle and Officer Stokes who stated 'my bosses have approved that, just need to organise it', etc...and I reckon regular ABC Radio listeners like myself will know and recognise Officer Stoke's voice as she now appears to be SAPol's go-to person for media statements, regularly on-air commenting on policing issues...(but still with SAPol Prosecutions?-Ed)...gourd, I dunno', whatevs, that soft-shoe shimmy was June last year, and the other stuff was pre-August 2015...but I digress somewhat... 

Over and over and over again it is SAPol Prosecutions and their assorted witnesses, etc, that have made the Court look stupid, not me...(what, not you that's been made to look stupid?-Ed)...well both, both His Honour Magistrate Foley and Her Honour Magistrate Anderson have been dropped right in it by the conduct of SAPol Prosecutions, and over and over again it's me what's copped the fall-out when I've made the Magistrate involved look stupid by merely politely correcting the record...(is that the stuff where SAPol keep saying you were 'charged' but it never actually happened?-Ed)...yep...(and SAPol as Prosecutor and/or witness have repeatedly stated-as-fact that you've been charged, yet cannot apparently actually point to where and/or when that happened?-Ed)...keep going...(including in this Trial both of them stating-as-fact that it happened in December 2014, but without actually providing a single document to support that?-Ed)...spot on...(ok, so ignoring the fact that you weren't 'charged', have SAPol provided any documentation and/or explanation at all?-Ed)...nope, not really...

The closest we've got mate in 25+ hearings, is what happened just now back in Court in March 2017, when SAPol Prosecutions and their lead witness, SAPol Investigating Officer and Anti-Corruption Branch detective Gardner, have both had various goes at trying to make this particular dead horse fly...(did someone say 'trebuchet'?-Ed)...sling ya' hook mate*...nah nah, just jokin', gourd bless gourd bless...but to answer your original question, when I've effectively cornered ACB's Det Gardner about this 'charge' lie, she ultimately stated that I was charged 'via a phonecall by Andrew Peach to an unnamed colleague'...(wow-Ed)...an undocumented phonecall between cops sometime about a week before Xmas 2014...(I'm not laughing, really I'm not, this is far too serious-Ed)...and it's not me that's ultimately been made to look foolish, it's SAPol who have been seen to be deceitful and incompetent, in no particular order and often in combination...              (*colloquialism for 'get lost, be moving on')

I cannot imagine what it must be like to try and function at street level as a SAPol officer with this shizzle goin' on at the pointy end of ya' organisation...and that's where this is coming from, from the heart of the Rann/Weatherill Labor government and it's squillions of minions, and a deeply corrupted SAPol hierarchy and a Court System that apparently have nuthin' better to do with their time than plow-on through this undignified disaster...and I don't care who wears the pants and who the saddle, does SAPol run the Parliament? does SAPol do the Parliament's bidding? is our Judiciary genuinely Independent? whatevs, it's irrelevant in a situation such as this where the collusion and impropriety are so pronounced...(pronounced over and over in Court-Ed)...well indeed, it's so undeniable that it literally forced HH Anderson into the stuff about Abuse of Process and then Malicious Prosecution...more later, in other local news...

Swings And Roundabouts And Rakes And Bladders:...on the ABC re the retirement of Daryl Sexton from Mt Gambier City Council after 27(?) years...and it's all about traffic lights and/or roundabouts, and the Helpmann Theatre fly-tower do-over, providing more street trees and 38kms footpaths, hard issues like hard refuse and MGCC's refusal to fund hard refuse removal...(outrageous, someone get me China on the line!-Ed)...ummm, I think they're all back now, but a good point well made...(sure? some more haven't toddled across for a bit of a look-see on the Ratepayers dollar? no?-Ed)...settle down...where was I?...(waist deep in waste-Ed)...ah yes, chit-chat about the Caroline Landfill and the massively expensive massive bladders, etc...and of course, a discussion about the perceived lack of city carparking which takes us straight to Daryl's gushing praise for the hilarious wonderment that is Park and Stride...(from the man who drives a Council-provided therefore Ratepayer-funded luxury sports RUV to his reserved carpark right next to his personal secret door into the Helpmann building where he works-Ed)...all in the past tense now, but yeah...
     
And unless it happened in tiny snippets somewhere between car and home radios, or the kettle boiling, etc, through-out that interview I heard not one mention of the Rail Lands, nor of the multiple Main Corner re-workings, or the Old Hospital, the multi-million dollar shenanigans with the grey concrete pavers all over town...(I don't think they mentioned the New Library either-Ed)...not sure, but they certainly didn't mention the hugely expensive and expansive renovations of Council's own offices that necessitated the Library being pushed out of the Helpmann building...not none of it...for years now I've watched this Mt Gambier City Council squander/slather/lather well over $40million, in only say, 7 years...(7 years-Ed)...no, I don't actually mean 'say 7 years', I just, never mind, it looks highly likely that MGCC has somehow churned through well-over $40m of Ratepayer's hard-earned in that time...

Rail Lands apparently at over $10m already...(strewth, really?-Ed)...apparently, and not including the $3-5m on the Old Hospital Demolition...(good gourd-Ed)...but also not including the promised Sound Shell or renovation of the classic Old Rail Station Building...(that's just terrific-Ed)...isn't it though...the New Library and Main Corner Part III are also apparently well over $12m each, not including the several previous Town Hall/Main Corner makeovers over the decade preceding the latest disgusting disgrace, a chronic waste of $10m...and I consider these to be reasonable and even conservative amounts because if I took at face value the amounts being stated to me, these totals could well be 20-30% higher than what I've stated here...(surely not?-Ed)...lotsa' costly re-workings of costly failings, eg,  re-re-re-draining the Rail Lands, lotsa' work 'hidden' in other Council department budgets, and a lotta' money gone, somewhere...(yay-Ed)...and then there's the very unspoken-of cost of the luxurious expansion of Council's own Fortress of Solitude, billowing-out like some sort of self-realised local government expando-foam to fill every nook and cranny of the spaces created by the Library being moved out...

Just coincidence I'm sure that I identify the presence on Mt Gambier City Council's new phalanx of highly paid 'Managers', of some dude from Rio Tinto, as being one of the Chosen Four pulling down a very tidy $200,000 pa courtesy of their mates on Council and as funded by the Ratepayers of Mt Gambier, etc, etc, a coincidence that I post that and that dude recently gets a full-page guernsey in The Border Watch as local boy made-good, now come home to help...(he run straight Kenny, he run strong-Ed)...no no you idiot, we've already done that one...(croutons?-Ed)...oh good gourd...anyhoos, I don't know who this person is and I don't care, really I don't, it's about a massively expensive and totally unnecessary appointment, indeed a whole raft of such appointments by a Council who's whole functioning I have witnessed and given testimony to, right here on this 'ere blog, as being wholly corrupt...

There is no escaping the gaping chasm between the reality of life for the vast majority of Mt Gambier residents, and the extraordinary conduct of Mt Gambier City Council...whole areas of town look like unkempt, run-down holes whilst other wider more leafy streets get whole new bitumen just for the sake of it...$160kpa for Tourism Mount Gambier...(and an office and a car-Ed)...chuckin' buckets of cash at 'The Arts'...(don't you know darling-Ed)...steady Ed, that's all well and groovy, really it is, but it's all about context...(orrr here we go-Ed)...yes here we go because MGCC gotta' motza' for what they want for them and/or their mates and relatives, but everyone else can apparently get stuffed...(fair call-Ed)...All-Season Pool anyone?...(ok ok, you've made ya' point-Ed)...I know, let's catch public transport on a weekend or public holiday...(alright already!-Ed)...so we are in agreeance then, yeah? super...

Tomorrow: More Court Stuff...(And Why Not-Ed)...WTLHSTRIW III

Thar She Blows:...and on exactly that subject, dude from the South Australian Law Society on ABC Radio this morning calling for and/or identifying the potential for ICAC Commissioner Bruce Lander to get funky like stink on a monkey with this 'scandal at the Oakden Aged Care facility'...and according to the ABC on-line, LSSA's reckons that 'we don't know and we wouldn't necessarily know (if there is already an investigation) because there are wide confidentiality provisions in the legislation', etc...(but in even discussing the possibility of an ICAC investigation and/or even just mentioning the ICAC, isn't Mr LSSA Dude breaching the ICAC Act 2012-Ed)...like a mutha-luvin', belly-floppin' Humpback in the Red-tape Sea...(are you sayin' this dude's gone the full fluke-out breach just by broaching the subject?-Ed)...indeed Ed, broaching is breaching...(well cods my wallop!-Ed)...I also am surprised, yet somehow, not... 

Deadset;...particularly now that my shizzle has really hit the fan in such crap-tacular fashion Court-wise and I 've been outed by local media as the sortta' lout who'll call a Magistrate biased to his face and then go there again and again, peoples says to me, 'how does you do that? how does you cope with the stress, etc, mate?'...(and you's says-Ed)...who-ever said I'm coping?!...(nice-Ed)...it is what it is and it takes it's toll and it is quite clearly only ever headed to one conclusion...the only difference is that now these clowns have driven me so far from myself that I've stumbled right into a fertile even fecund field of Self Esteem and Pride Sans Arrogance...right into it...it's everywhere...it's in the diff housings, it's behind the pelmets...(all over my best going-out trousers-Ed)...Ed, we've spoken about this, you'll still have to wear pants when we're out...(but....-Ed)...a! Ed! it's trousers or it's nothing...(fine!-Ed)...anyhoos, SEPSA, it's the difference between now and only 12 months ago...

It's the difference where-in I cannot wait to get back to Court and rip mercilessly into the next plump platter of rambunctious ridicularity and self-contradiction ripe for the plundering...(and who is next?-Ed)...well, Ed mate, hold onto ya' hat, 'cos it's the 2 ICAC investigators...(oh dear-Ed)...who are going to drop-by to explain how/why/whatevs that the alleged ICAC investigation of Mt Gambier City Council, how that 'investigation' consisted of a 40 min max chat avec moi* in a Mt Gambier cafe, with nothing apparently recorded or written down...(wow, them bad guys, they just don't stand a chance, you go get'm ICAC-Ed)...sarcasm is beneath you Ed, truly, it is most unbecoming...and after they it be he, li'l Stewy Stansfield from ABC South East...(oooooo-Ed)...so you can appreciate why I'm looking forward to it...                                                                  (*40 minutes maximum chat with me)

(Is it just me, or have you been referring to Her Honour Magistrate Anderson as, well, 'Her Honour', but to Magistrate White as 'Magistrate White'?-Ed)...you pickin'-up on that, yeah?...

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

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