Saturday, May 6, 2017

When The Left Hand Says The Right Is Wrong

***howdy y'all, a few sync issues here again, but we're getting better, quite long but still only doing coupla' posts a week, etc...cheers***

Howdy Spain, Colombia, Armenia, and Romania and welcome y'all in France as vous goes to your Presidential Election...and in the USofA as it looks like ObamaCare will finally get the chop, including Health Insurers being allowed to charge whatevs they feel like re people with 'pre-existing conditions' like Cancer...(so effectively denying Health Insurance-therefore-treatment to those already dying and even those survivors like your good self?-Ed)...exactly, peeps like moi who had the pleasure of both Chemo and Radiotherapy on the Public Dollar in the Public System...but that's the beauty of the new set-up, that it will greatly reduce the numbers of survivors who need to be treated but can't afford HI because they likely won't get treatment in the first instance! no initial treatment, no survivors!...(it takes a Cancer survivor to appropriately make such a pointedly cynical joke about the realities-Ed)...you're welcome I'm sure...

Thinning Out The Numbers:...just stunned but hardly surprised to learn via a learned advisor that this joke what I done just make about this Health Insurance repeal/review/re-vamp being designed to reduce the burden on the Health System by effectively 'killing-off' the poor, well it ain't such a joke...(and the elderly-Ed)...pardon?...(and the elderly, these changes include making the elderly vulnerable to exactly the same thing, namely, Insurers can charge whatevs they choose so if you look like a likely accessor of your own insurance, up go your premiums, in advance-Ed)...well indeed, that's the issue here, so in a system like this someone like myself, a 50 year old Cancer survivor, even one on the average Oz wage, would face astronomical premiums, effectively denying me any hope of Insurance and therefore any chance of treatment...(and the shock?-Ed)...that this is apparently what the 'repeal' is designed to do, and as explained within the 'pre-amble/explanation/legislation' itself...(nice one-Ed)...no no, I' ain't crackin'-wise here, that's what I'm saying, it's actually in there, that this will reduce the numbers of patients because there'll be less survivors...(right...wow-Ed)...indeed, wow...I'll backtrack through my source and find out exactly where that stuff is and post more laters... 

Last post I started into the latest 'hearing' of my epic saga of a trial, but first, let's just kick-it back a gear for just a mo' and revisit what this extraordinary proceedings is all about...and because all of this has now been discussed ad nauseum in Court and/or the media, it is public knowledge and on the public record, blah, blah, blah, that I am in big-twubble mister for talking about an alleged ICAC investigation of Mt Gambier City Council and associated persons...("alleged"?-Ed)...yeah, alleged, because not only do I believe that that 'investigation' never actually happened, in Court in response to their Court-issued Summons, the ICAC/SAPol Prosecutions stated outright that it was "irrelevant" whether or not there was an ICAC investigation because I was 'charged' with talking about someone who was the subject of a complaint to ICAC, not for talking about any ICAC investigation'...(wow-Ed)...indeed...   

Two Points:....being that this Monday May 1st 2017 'Application Hearing' was 1) not in an actual Courtroom, no, it was held via videolink, with Magistrate White in Adelaide I think, dunno', and SAPol Prosecutions Batten et moi 2) set side-by-side by our lonesomes aways away in a tiny room aways-off down a side corridor next to the Victims Support Service lounge thingy...I remind availees that I've been required to attend at Mt Gambier Courthouse umpteen times since this whole farcacle (farcical debacle) in February 2015, yet SAPol Prosecutions have repeatedly appeared via videolink from somewhere in Adelaide not a Courtroom, probably within SAPol somewhere, with people clearly sitting off-camera out of sight but not identified, etc, etc...(ah, like that phone conversation with SAPol Prosecutions Ms Diamandi back in March 2016 when her boss Andrew Paech, head of SAPol Prosecutions, when he just lobbed-in  from the peripherins unannounced, making a series of specific and critical statements about the conduct of his case!-Ed)...indeed, and when I repeatedly asked for the related proof/documents/explanation, he repeatedly responded that I should take all those questions and "put it in writing"...(you mean like in a Magistrate Anderson approved, Court-issued Summons for exactly that sort of information?-Ed)...exactly like that, but still waiting...

I do now have a copy of the transcript from this Second Trial March 15th-17th 2017, it took approx 6 weeks for it to be prepared...(busy day wasn't it, Court-wise I mean-Ed)...sorry?...(last Thursday April 27th 2017, when Mt Gambier Courthouse rang to say that the transcript was ready and then at 2030hrs the cops rocked-up with the 'Application'-Ed)...well quite, and then I picked-up the transcript on the Friday...(still can't believe that they've handed you that stuff, surely they understand by now that it's all 100% rolled-gold absolute blog-fodder-Ed)...indeed, but we've dealt with alleged 'transcripts' before, haven't we my li'l confected friend?...(good point, how does one check the exact veracity of that transcript though? you said ya'self that much of your own notes are illegible and/or non-sensical because you're being forced to self-represent and are trying to listen, process, mentally cross-reference to other stuff, respond/address, postulate a response, whilst blocking/addressing the perpetual plethora of erroneous utterances sputtering out of SAPol Prosecutions, and take notes, etc, etc, it's just an unmanageable monstrosity-Ed)...indeed it is Ed, indeed it is... 

(And hang on, what's this bit at the top of the transcript?-Ed)...I think it's quite self-explanatory...(well mind explaining to this self then please-Ed)...sure, and I can't think of a better way of explaining than to let it explain itself, like I said...this here's from the top of the first page of the 350 of transcript...
     (N. B.)  Copyright in this transcript is the property of the Crown. If this transcript is
                 copied without the authority of the Attorney-General proceedings for
                 infringement will be taken.
...(ahahahaaaahhahaahhhaaaaa..."the authority of the Attorney-General", ahhaahahhhhh, deadset-Ed)...and given it's a State jurisdiction one assumes that that's li'l Johnny Rau, and 'the Crown' is good ol' Sow Straya...(but doesn't this case specifically trample rampantly all over Constitutional Law, so therefore it's a Federal AG issue? and therefore who exactly is 'the Crown' in this context/situation?-Ed)...geez, I dunno' mate, do I look like a lawyer?...(no, you look like you don't like lawyers at all-Ed)...not quite all of them...(fair enough-Ed)...

(And what did li'l Johnny Rau say when you emailed him about this corrupted farce?-Ed)..........(hello?-Ed)...sorry, I was animatedly shrugging my shoulders and pointing at an empty table to indicate sweet bugger-all...(yeah, mime ain't great in a written medium-Ed)...sure, sorry, sweet bugger-all, I ain't got not nuthin', not from any of them...(not even a 'we got your email, get back to you soon' from anyone?-Ed)...nope, nuthin'...(not from Federal AG George Brandis or Member for Barker Tony Pasin or Federal (SA) Senator Nick Xenophon or SA Premier Jay Weatherill or even li'l Johnny Rau?-Ed)...beg pardons, I have had 2 replies from my homie AG George 'Home' Brandis, but they're both deeply obsequious non-acknowledgements of the Constitutional Law issues, instead addressing and dismissing minor parallel issues...(stop right there, none of us need to be exposed to another George Brandis Stampede of Pedanticness-Ed)...is a Pedantipede a many-legged beast without a leg to stand on?...(well it wasn't before that sentence existed, but it sure-as-shreck is now!-Ed)...

The Pedantipede:...a Stampede of Pedanticness...the Pedantipede, a many-legged beast without a leg to stand on...(back of the net-Ed)...

(But hang-on again, that's your testimony, that's your words, how can the Court 'copyright' your words?-Ed)...well that's the technicality I was talking about...(whaaa?-Ed)...well this transcript is only ever a version of the actual proceedings, the South Australian Magistrates Court version...(ahhh, right-Ed)...and I won't be accepting it as a verbatim regurgitation until I've had appropriate swathes of time to reconcile this 'ere 350 page transcript with the actual recording...(so you want to set-down with the transcript and listen to the actual recording?-Ed)...and have requested as such, repeatedly requested...(and?-Ed)...and at one point I got as close as Magistrate White saying that I 'might possibly come into the MG Courthouse and sit in a room there and listen to it'...(and?-Ed)...and nothing...I've repeatedly requested access to these recordings, from this Second Trial and from every other one of the 25+ Court dates thus far...I asked specifically again on Monday...(and?-Ed)...and Magistrate White has relapsed to just ignoring those requests...(wow-Ed)...

(But hang-on again, again, aren't you meant to be provided all this stuff as normal process, and not least of all because you're forced to self-represent so you need to be able to accurately review the mini-maelstrom of Court proceedings?-Ed)...depends on who you ask...ask everyone else, including the various Legal Eagles I have managed to talk to, and they say yay it should surely be that way...(and ask the Court?-Ed)... and can't even get an answer...(right, ok...and what about proper Disclosure or Discovery or whatevs it's called, where SAPol Prosecutions are meant to hand across the entirety of their intended case and related documents, witness statements, etc, so's the defendant gets an opportunity to 1) get appropriate legal advice re 2) all of the stuff being said/used against you?-Ed)...what Court case have you been attending mate?...(no no, I was being sarcastic-Ed)...fair dues...

Time-and-again SAPol Prosecution have introduced new documents and/or changed charges...(and haven't hesitated to outright lie!-Ed)...well indeed...but none of it seems to matter because we're just plowing ahead regardless...on top of that SAPol has shown abject contempt for the Court Summons by providing only non-consequential internal emails and none of the info promised, eg, any sort of actual written explanation as to why I was never charged or Summonsed before my Court case started back in February 2015...beyond that, SAPol are now trying to run some bizarre multi-layered lies strategy about me being charged and/or reported, and I've caught-out both SAPol Prosecutions Batten and their/her lead witness, SAPol ACB Investigating Officer Gardner, caught them both lying, right in front of Magistrate White, and nuthin', waved away as irrelevant...(wow-Ed)... 

Here's This Point:...namely, that I successfully argued for the Court/HH Magistrate Anderson to issue Summons to the ABC, to the ICAC, and even to SAPol themselves, Summons for any-and-all information re my case...re the ABC Summons, I merely used what the ABC has put in their Affidavit to the Court to get a Summons for 10 years of documents...(and the ABC's response?-Ed)...it's all a bit too difficult to find any of that info, those emails, that letter specifically identified from 2014, etc, etc, it's all a bit too difficult...(wow-Ed)...orrr yeah, the Summons was apparently "oppressive" and "fishing" and it would take "20 hours" to find any of these alleged communications/actions that my supposedly inappropriate, problematic, and even threatening behaviour had supposedly generated...instead they provided a swathe of 'case law' documents and this "20 hours" shizzle...(so they spent how many hours putting that together then?-Ed)...exactly Ed, it's just bollocks...   

I, just me, just li'l ol' me, on my lonesome, without a lawyer, I managed to successfully argue for HH Magistrate Anderson to issue Summons to the SAPol Commissioner, the ICAC Commissioner, and the ABC, who responded via their lawyers from Ultimo in Sydney...(yeah, but it was largely these clowns own conduct in Court, their own self-contradicting evidence, their own behaviours, and their own documents that effectively forced HH to issue those Summons-Ed)...sure, and exact same thing with the Abuse of Process and Malicious Prosecution stuff where-in SAPol et al incompetently painted HH right into that corner, and all I had to do was point at the chaotic mess and say 'hey, why you standing in the corner?' and shazzam! Her Honour literally has no choice...for HH Anderson to not have granted these Summons and to not have acknowledged Abuse of Process and the Malicious Prosecution stuff would have fundamentally prejudiced my case and offered immediate grounds for Appeal...(what, and SAPol Prosecutions' behaviours haven't?-Ed)...fair point Ed, fair point well made...

I'll say that again...it was the conduct of SAPol Prosecutions and their evidence, etc, and of the ICAC, and of the ABC, it was these clowns own shizzle that I successfully used and that ultimately forced Magistrate Anderson to issue those Summons and make the Orders re Malicious Prosecution...but it gets better...(yeeha, here we go-Ed)...better because despite 1) the fact that I have apparently been the subject of an ICAC investigation then referred through to SAPol for prosecution, and 2) the ABC have claimed in their Affidavit that they've had numerous problems with me for over a decade, supposedly culminating in a dastardly incident...(bastardly incident more like-Ed)...at ABC South East studio/reception in January 2014 that supposedly resulted in me being banned from the ABC, as supposedly conveyed to me via a letter from the ABC 'security' guy, etc, etc...(wow-Ed)...despite having been the subject of an ICAC investigation and 10 years a nightmare for the ABC, etc, etc, have a wild guess mate just exactly how many documents these rankly corrupt clowns managed to conjure-up between them, the ABC and the ICAC...(does it start with 'Sweet' and end with 'Bugger All'?-Ed)...is that your answer Ed?...(mmm, it's a lot of pressure-Ed)...do you want to lock-in 'Sweet Bugger All'?...(urrr, ok, ok, Sweet Bugger All, urrr-Ed)...correct! well done...

One last time...ICAC have apparently investigated me, an investigation that was apparently referred 1) directly to SAPol Anti-Corruption for further investigation and at some point 2) SAPol Prosecutions for charging/prosecuting me, etc, and the ABC have, according to their own Affidavit, had a decade plus of problems with me, including citing a very specific and very serious incident that resulted in me being 'banned' from the ABC, which is an extraordinary situation in-and-of-itself, etc, etc...with all that going on, with everything I've supposedly done, with all the different bastards I apparently am, when these halfwits are presented, nay offered, nay forced into the opportunity to really sort me out once and for-all and shut me down, right there in Court, these hopeless clowns can't summon not one single letter/document between them...not one...for all their vacuous piss-and-vinegar carry-on about me, they whinge and bitch that it's all just too difficult, and actually refuse to come up with one single document to support their position/actions...(wow-Ed)...    

It's just about the exact opposite to the clown car thingy where-in a tiny vehicle whizzes to a stop and disgorges enormous quantities of painted and pom-pomed clowns, but instead, this huge, rambling caravan of carnival comedy Court capers grinds to a wheezing, hissing, sagging halt in front of you...and you know it's the work of many, many clowns, but ne'ery a one gets out... 

Tomorrow: Just More Court Stuff

Cory 'Barn-yardy' Bernardi:...the right Right-White man for the job...there's just something so very, very special about a Right White man who just knows he's right...how lucky we are to have Cory...

Sarcarstick:...is one of those highly sarcastic stick-on transfers you see in car rear-windows, you know the ones? where they're trying to be ironic or satirical or whatevs but are just really sarcasm? like, ummm, 'my other car's a Generic Sports Car Name'...no it isn't, that car's crap and you ain't got another...(gourd you talk some shizzle some times-Ed)...cheers...

Breaking World News:...when Oz Opposition leader William 'Willy-Won't He? Tricky-Dicky' Richard 'Bill' Shorten trampled international diplomatic conventions by either gate-crashing and/or bone-heading and/or photo-bombing yesterday's critical if somewhat delayed meeting between USofA President Donald 'FW' Trump and our own beloved El Presidenté, Mal Mal Trumble (Malcolm Turnbull)...(I did not see this story-Ed)...oh yeah, haven't seen the footage myself, but it was all over the radio news...(mmm?-Ed)...yeah, it was meant to be a 4 hour meeting but instead Mal Mal only got 30 minutes because it was unfortunately and unavoidably Shortened.........(and you wonder why people hate you-Ed)...nahhh, I got a fair idea... 

A Rude Joke:...'cos there's this very, very annoying, very frequent RAA (Royal Automobile Association, local SA roadside service folk) TV ad where-in some beardy-dude's car got totalled and the RAA dude is sayin' it's all gunna' be fine because you got RAA Insurance, etc, etc, stating, 'I have good news for you', obviously referring to the car...(here we go-Ed)...but in my fetid li'l mind-tank, RAA dude actually then says, 'yes, you don't have syphilis...oh, and we're also replacing your knackered car with a new one'...(trés hilarious I'm sure-Ed)...

I am Nick Fletcher and this 'ere is my blog, The Mount Gambier Independent...cheers and laters...

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