Thursday, September 28, 2017

A Quick ICAC Court Catch-up

Howdy Latvia, Colombia, Germany and Ukraine, and to y'all else, welcome to TMGI...dead set, I'd actually forgotten for a coupla' days that there is currently a massively important precedent Independent Commission Against Corruption-based Court case running in Mt Gambier...(Member for Mt Gambier Troy Bell's politically motivated, ICAC-based Theft Charges?-Ed)...well ok, yes, there is that, there are actually 2 massively important precedent ICAC-based Court cases, but no I was referring to li'l ol' moi...(oh of course, sorry-Ed)...no need to apologise mate, it's been a while...(and a while to go yet, when's your next hearing dates?-Ed)...in November 2017, but I can't see it happening, for reasons below...

Just Briefly:...regular availees will perhaps recall that when my 'ICAC Trial' was returned to Mt Gambier in February 2016, (my second) Magistrate Teresa Anderson set-down a 'Trial Date' of August 2016, but then moved that to November 2016...(because?-Ed)...because through the hearings in March, April, May, and June (2016) I managed to successfully establish that vast amounts of information had not been provided to me by SAPol (police), the ICAC, and the ABC (Australian Broadcasting Corporation), and at the June hearing, I successfully argued for, and Her Honour issued,  Summons to SAPol, ICAC, and the ABC for this info...and then the August 2016 'Vacated Trial date' was used instead to go through those Summons...we're now at 25(?) hearings, not including 15-20 days of actual 'Trial' dates, of which only 4-5 days have actually been used due to repeated further adjournments, repeated unavailability of witnesses, absence due to illness of SAPol ACB Det Gardner and then Magistrate White, etc, etc... 

(And what's with the air quotes thingy, '**', with every mention of 'Trial'?-Ed)...because, the Court itself keeps referring to specific dates as being the specific 'Trial', eg, November 2016 and March 2017, but as far as I'm concerned, I have been on 'Trial' since February 2015 when the first hearing was held without me having been Summonsed or even Charged...(I've heard that so many times, but it gets none-less ridiculous, particularly in this massively important Precedent Case, and in a context where SAPol Anti-Corruption Branch detectives had already raided your home and therefore clearly know where you are-Ed)...indeed...furthermore, SAPol Prosecution has clearly been constantly re-formulating their case as we go along, trying to nail-down an actual winning formula, and when I've repeatedly destroyed some particular argument/detail/alleged fact, SAPol Prosecutions come back next hearing with modified charges, new documents, etc, as they try to form/re-structure their 'case'...effectively, I have been on 'Trial' since February 2015, with SAPol Prosecutions trying to do exactly that, prosecute me, with spectacular and Epic Failness...

My ICAC Trial Is The Precedent Case:... in numerous ways, namely,
1) this is the first official investigation of a private citizen by SA ICAC, leading to;
2) the first prosecution under the extraordinarily powerful and all-encompassing Section 56 of the SA ICAC Act 2012, and is therefore also;
3) the first prosecution of a private citizen under any section of the (South Australian) Independent Commission Against Corruption Act 2012...
...so let's look at that once again, just for effect...

I am the precedent investigation of a private citizen by SA ICAC, leading to the precedent prosecution of a private citizen by SA ICAC, in the precedent application of the SA ICAC Act 2012, Section 56. 

I remind availees that I'm not a lawyer, not a journo, not any sort of 'professional' anything, just one very Large Angry Hippy, and that all that LAH has had to do in defending these ludicrous ICAC Charges, is to stand his ground...(and tell the truth-Ed)...well it's not even that complicated really, because I haven't yet officially answered any questions, other than when I was forced to enter a plea...if 'Truth' is an issue, it's more about the faults and failings and frequent falsehoods in the ICAC/SAPol case that I've managed to use against them so effectively...(I'd say politely brutally, in that you don't swear or threaten or whatevs, but you get in there, right in there-Ed)...cheers...

SAPol Prosecutions:...have made multiple promises to provide swathes of critical documents, but then have failed/refused to do so, even in response to that Summons issued by Magistrate Anderson...critical issues like,
1) how did my case get to SAPol Anti-Corruption Branch from ICAC?
2) where does 'Operation Baritone' come from, SAPol or ICAC?
3) why is a private citizen who hasn't committed an act of 'Corruption', being investigated and
    raided, etc, by SAPol Anti-Corruption Branch,
4) who ordered that raid of my home on May 7th/8th 2014?
5) why wasn't I ever actually 'Charged'?,
6) why wasn't I Summonsed to my own 'Trial' start-date in February 2015?,
7) what 'advice' was received and from whom (re Constitutional Law issues) when my 'Trial'
   was returned to Mt Gambier in 2016?
8) what is the 'special meeting' of all Attorneys-General required when a 'State' law/trial threatens
    to impinge on Federal Constitutional Law, as identified by SAPol Prosecutions Ms Diamandi
    during the February 2016 hearing, and has this 'meeting' occurred?

There are many other issues/questions, but that'll do to be going-on with...SAPol's response to the Court Summons was a bundle of gibberish internal emails that address none of the above...the ABC, who have lodged an Affidavit claiming a decade of 'problems' with me, and that I've been banned from the ABC, etc, the ABC's Sydney-based lawyers responded that the Summons was "oppressive" and "fishing for information" and that it was all a bit difficult and would take "20 hours" to find any letters, emails, etc...this 'it's all a bit too difficult really' approach was mimicked by the ICAC, who actually stated that 'it's irrelevant whether or not we actually did an investigation, because that's not what you're charged with, you're charged with identifying a complainant'...(it's irrelevant whether or not the ICAC and Mt Gambier City Council are complicitly lying about an alleged ICAC investigation of MGCC? that's irrelevant is it?-Ed)...apparently...between them the ABC and SA ICAC managed to produce exactly not a single document, not one email, not one letter...(not even the letter the ABC claims to have sent you in January/February 2014 banning you, etc?-Ed)...not even that alleged letter...not one single document between them...it's an absolute joke... 

The Office of Public Integrity:...are effectively a 'front door to ICAC', and were only ever a bit-player in the original October 2013 reports/complaints about Mt Gambier City Council's corruption...under cross-examination, OPI claimed to be unaware of 'Operation Baritone' or any other issue/complaint involving me, and agreed that indeed, as I put it to the witness, if they (OPI) received a complaint about a private citizen, they would not forward it to ICAC because that's not their perview, they only deal with Public Officers, Public Servants, Elected Officials, eg, politicians, etc...he was unable to sat exactly what they would do... 

ICAC:...was represented at 'Trial' in March 2017 by the Chief Investigator (at the time, 2013/14, now retired), and he also claimed to be unaware of 'Operation Baritone', and/or how my case came to be with ICAC or then to SAPol, etc...he seemed to be completely unaware of my case at all...and when cross-examined by moi, conceded that he had not actually read the 'One Page ICAC Info Sheet' that he and I discussed in October 2013, and that he had 'advised me' on, he hadn't actually read that sheet...(wow-Ed)...oh it gets better...(it always does with you-Ed)...well this OPIIS is supposedly a critical document in the SAPol Prosecution case, supposedly proving that I'd been clearly told what I could and/or couldn't say about ICAC investigating Mt Gambier City Council, etc, and that therefore I knew that I was a heinous and dirty perp...(you bastard!-Ed)...apparently...

So here's SAPol's/ICAC's critical witness, giving evidence to this supposedly critical document, and then he says he hasn't read it before 'advising' me about it's contents, all one page of it...and it was then that I had one of those hushed, still moments when everything slows down, and the question coalesced in my li'l ol' brain-box, 'Mr ICAC Person, have you read that OPIIS now?'...(nooo? don't tell me?-Ed)...oh yeah...(still hadn't read it?-Ed)...still hadn't read it...(so he's the critical witness from ICAC with whom you specifically discussed the OPIIS and Section 56, etc, back in 2013, and he hadn't read it?-Ed)...yep...(and he still hasn't read it now?-Ed)...nope...(but he's SAPol Prosecution's key witness giving critical testimony on their key document/evidence, and they didn't even think to get him to read it, or even ask him if he'd read it?-Ed)...apparently not...(I don't understand, well I mean, I do understand, but...-Ed)...it just doesn't make sense?...(thankyou, yes-Ed)...mmm, it really quite defies belief doesn't it, but there you have it...

Unfortunately, I have to accept that the personnel provided to the Court are the ones who dealt with my case within the Office of Public Integrity, the ICAC, and SAPol, and there's still several witnesses to go, but after cross-examining the witnesses already presented by SAPol Prosecutions, and with reference to those Summons issued to SAPol and ICAC, as above, it has been established by me, that, allegedly;
1)   my 'Case' somehow just appeared somewhere undefined within ICAC, without going through
      OPI or any other appropriate agency, sometime between October 2013 and February 2014,
      but with no date, no identifiable complainant, allegedly no paperwork at all, etc;
2)   then, on an unknown date in mid-February 2014, my 'Case' was referred by ICAC Comm
      Bruce Lander to SAPol ACB, but there is again allegedly no paperwork at all with either ICAC
      or SAPol re this transfer, not even a 'note' in the SAPol Lead Investigator's Case Notes;
3)   somehow, somewhere at this time, my 'Case' became SAPol Anti-Corruption Branch
      'Operation Baritone', yet allegedly no-one knows who did this or how it happened, there is
      again allegedly no paperwork at all identifying whether it came out of ICAC with that
      'operational' status and name or whether it was SAPol, etc;
4)   someone in SAPol (unidentified) then ordered the May 7th/8th 2014 raid of my home, yet
      there is allegedly no paperwork at all re this raid, not even a 'Note' in the Lead Investigators
      Case Notes as to who told her to conduct this raid, or when that 'order' was received, etc;
5)   meaning that my 'Case' somehow went into ICAC, on an unknown date, then was somehow   
      referred to SAPol ACB "in mid-February 2014", somehow/somewhere becoming 'Operation
      Baritone', at some unknown point and by some unknown hand, and then my house was
      raided by SAPol ACB in May 2014, but for all of that, there's allegedly not one single
      document involved. 

(So, you're suggesting that 'Operation Baritone' just somehow appeared in the SA ICAC, but with no paperwork at all, etc, then just somehow moved to SAPol ACB, again with no paperwork at all, then SAPol ACB came to your home in an Official Raid on May 7th/8th 2014, but yet again there's no paperwork at all to say who ordered that raid, approved it, etc, no paperwork at all for any of that?-Ed)...exactly, apart from one 'Note' from mid-March 2014 about 'reading the blog (TMGI)'...(I'm sorry, but I just don't believe that-Ed)...mate, I wouldn't lie to ya'...(no no, I believe everything you're saying, not least-of-all because it's all on the Court Record, but I simply don't believe that there could be so much official activity from ICAC and SAPol hierarchy and yet there's allegedly not one single document, it's simply not believable-Ed)...indeed, yet this is exactly what we all are supposed to believe...and never forget that Court Summons were issued for that info... 

Tomorrow: I'm Going To Stamp My Foot And Go Hurrumff Quite Brusquely

The Weatherill Labor government are running long TV ads spruiking what great work Ray Jay and his merry band of Shiny Men in the Labor Party have done to address South Australia's desperately concerning Energy Crisis...a very long ad, that we're paying for, that's just one long denial of the realities, padded right-out with outright lies...and the ultimate joke is the supposedly clever little Get-out Clause written into that ad...check it out for ya'selves if you can, try something like 'our energy plan sa gov'...whatevs, here's the good oil, 'cos about third sentence in, the woman presenter states that these ludicrous measures will help us, "avoid unnecessary blackouts"...that's right, 'unnecessary blackouts'...(so when the SA Electricity System is collapsing again, like it did completely in September 2016, and the National Regulator cuts us off again, like they did in September 2016, then that's what? a necessary blackout?...and necessary because if they don't cut SA loose we'll drag the other Eastern states down with us!-Ed)...spot on Ed, absolutely spot on...

Whatta' Complete Load Of Shed:...because everything that we've got comin' this Summer, it's all there looming-up ahead of us like a Reality Tsunami, it's just a matter of when it hits...there's already record heatwaves in NSW and Queensland and it's not a month into Spring yet...it is already being reported (from the National Regulator? - AEMO/NEMO/WHATEVS-O) that there are concerns there will be 70 days of Electricity Under-Production/Over-Demand this Summer...it's a very simple equation really, for 2 of the 3 months there will be more demand than there is production capability, guaranteed, and this then guarantees the 'necessity' of strategies like 'Rationing', otherwise politically politely excused as 'Load-Shedding'...and when we suffer through the inevitable Load Shedding/Rationing and/or other 'necessary black-outs', then people die, fact, because the heat kills more people than the cold in Australia, and often for months afterwards as vulnerable people never recover...

And think I'm being a hyperbolic nutter hurling irrelevant and malicious abuse?...take ya' time, play this out for yourselves via the Interweb...with the entire East Coast Grid at risk, South Australia as an entire state may end-up being Load-Shed, that is, cut-off as per September 2016...we as a state are in big trouble, and it will cost hundreds of lives...

The Cost Of Electricity Costs Lives:...because people simply cannot afford electricity in South Australia...we have the highest prices for 'Leccy anywhere on the Rock, and the least reliable, entirely vulnerable to the vaguaries of the weather and/or a switch at the Victorian border (the Heywood Interconnector)...Rann/Weatherill Labor's deeply corrupted and self-serving pseudo-ideology of Renewable Energy at whatever cost, well it costs lives gentlemen, it actually kills people because 1) they simply can't afford the electricity, 2) if there is any...and you know it, and you just don't care...(and what does it say about those who support Renewable Energy but just ignore this vast Reality happening right around them?-Ed)...indeed, these 1,000s of individual realities...(oh but Adelaide has a Space Program-Ed)...do not get me started...(but as a confected literary device, that's exactly what I'm supposed to do!-Ed)...oh yeah, right, well then, here's the joke, 5, 4, 3, 2, oh damn, someone start the generator will ya'? got that Bazza?! right, just a sec' folks...hmmm, lovely day for a launch, hardly a breath of wind...(you are just hilarious-Ed)...not really, I don't see anything funny here...

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

1 comment:

  1. Australia also has the highest network costs of just about any country. With networks reportedly making 30% ROI on networks, there's a lot of gold plating and system fat.

    ReplyDelete