Wednesday, December 27, 2017

Court Stuff - Letter To SA's Chief Magistrate Hribal 01/Dec/2017

**Howdy y'all in Germany, the United (sort of) Kingdom, China, and Spain...please to be availing y'allselves of this copy of the letter I emailed to South Australia's Chief Magistrate Hribal, early Friday 1st December 2017, in a desperate attempt to 'stop' the rancidly abusive and definably Biased conduct of my alleged 'Trial'...**

To the Chief Magistrate,
Her Honour Judge Mary-Louise Hribal,
MCMTG-15-72 SAPol v Fletcher

As per my previous emails of Wednesday 29th November 2017, to both the Adelaide and Mt Gambier Magistrates Court Registries, I attended a doctor on 29th/11/2017 at Hawkins Clinic and was issued a Medical Certificate, as supplied to the Magistrates Court Registries on 29th/11/2017.

I needed this appointment and resulting Medical Certificate not least of all because of the extraordinary abuse being repeatedly hurled at me from the Bench by Magistrate White. Magistrate White has clearly and definably been grossly biased against me in his conduct of this case, eg, I have twice caught-out SAPol Prosecutions telling direct lies about when I was supposedly 'charged', and Magistrate White has just waved it away as irrelevant, but that undisguised bias has now degenerated into straight-out abuse.

For the record, again, I was never actually 'Charged', and nor was I ever Summonsed to the first 'hearing' in February 2015; I found out via a phonecall the next day when someone told me I was in The Border Watch, reported as failing to show. And that's how SAPol Prosecutions have conducted themselves, did not ever 'Charge' me, never Summonsed me, and then come into Court and just lie. SAPol can find me no problems when they want to find me to raid my home in May 7th/8th 2014, but can't find me in exactly the same place when they are required to Summons or even 'Charge' me; and then lie about it in Court, and Magistrate White is letting them do it.

Another critical example of Magistrate White's extraordinary bias against me is when he refused me presenting any evidence or testimony or even addressing the 100 documents I had provided Her Honour Anderson as per HH's 'Order' that I present my evidence for“Malicious Prosecution” (Her Honour's own words) as the first part of the actual Trial in November 2016. I had stated to Her Honour that I had 1,000s of documents and that it could take ages to present, and HH's response was 'it takes as long as it takes'.

This 'Order' was a result of my repeated assertions through-out 2016 that my entire 'Trial' process was “a rankly corrupt Political Persecution by the Weatherill Labor government, motivated by the content of my blog, The Mount Gambier Independent, because they can't get me for the content because unfortunately it's all true”, and that this Political Persecution was being conducted via a complicit ICAC Commissioner Bruce Lander.

Having proven enough to Her Honour that it became “Malicious Prosecution”, I believe that I have also shown Her Honour exactly what I claimed, because after reading those 100 documents, Magistrate Anderson recused herself and the Trial stopped first thing next morning before a single witness had been called or I even got to formally present my Malicious Prosecution documents and testimony.

Despite all of this, Magistrate White moved the Malicious Prosecution to it's own 'hearing date', then flatly refused me presenting any testimony or addressing any of the documents I had spent weeks collating, etc, before dismissing my application, stating that 'no evidence or testimony was presented to support the Malicious Prosecution Application'. He flatly refused to allow me to do what HH Anderson had specifically 'Ordered', flatly refused to let me present my 'case/argument', and then dismissed it saying that no evidence or testimony had been provided.

But he didn't just dismiss it, he produced a Reasons For Ruling that cynically ignores all of the supporting documents/evidence clearly proving the Malicious Prosecution, and instead cherry-picks tiny fragments from several letters/documents to try and argue that I have somehow 'defamed' people. It is a specifically cynical attempt to try and set me up on behalf of the Weatherill government, an act well past mere 'Bias' and bordering on definable corruption.

In the Reason For Ruling he also dismisses the gross abuses committed by a teacher against my son and dozens of other 7 year old students at a Mt Gambier school as having not happened. It's been a massive trauma for all involved, and I have put it to him in Court, “who do you think you are to say that hasn't happened, it's not open to debate”. This is how Magistrate White has conducted himself through-out my case, deeply biased bordering on corrupt, and now any remnants of appropriate conduct have been abusively shredded.

I remind the Court that I am a private citizen, bizarrely charged under Section 56 of the ICAC Act 2012, legislation supposedly only applying to Public Servants, Elected Officials, etc, and I have been investigated and raided by SAPol's ACB, although I've not committed an act of corruption, even as a private citizen, and I'm forced to self-represent because I have been denied Legal Aid.

Evidence presented during my 'Trial' shows that the 'complaint' about me did not go through any of the usual processes/Authorities, eg, the Office of Public Integrity, but instead somehow just appeared at/with the head of ICAC, Bruce Lander. I have been refused my requests to have the 'complainant' identified. It then somehow went from Bruce Lander to SAPol's Anti-Corruption Branch, and all of this again allegedly without one single document. Not one document for all of that, in this massive and precedent case.

In May 2014 I was stunned to learn that I am the sole focus of an 'Operation Baritone', but yet again, after extensive coverage in my 'Trial', there's allegedly no documentation and nobody knows, etc, etc, whether this is even an ICAC 'Operation' or SAPol's ACB's doing, etc, etc, and I believe that 'Operation Baritone' is still current. This 'no documents exist' nonsense isn't incompetence, it's absolutely deliberate, its 'Plausible Deniability' on steroids. But I digress.

On Monday 27th November 2017, and as reported in the local The Border Watch newspaper (attached), Magistrate White forced me to interview a witness, SAPol's Caroline Gardner, who is supposedly on 'Sick Leave' and not meant to even be present in Court this week, as identified in the official Court Certificate of Record from Magistrate White's own Orders of 19th July 2017;
“Prosecution to provide an update of the witness's health via email by 8/9/17”

This 'Order' arose from a discussion about Det Gardner's (then) on-going 'Sick Leave' which had already necessitated several lengthy adjournments and vacating of 'Trial' dates, etc, a discussion where-in SAPol Prosecution's Batten stated, 'Ms Gardner may return in November if she gets a doctor's certificate to allow that', a clear indication that she was on 'Sick Leave' until some time past the November 'Trial' dates. Even when I repeatedly identified this 'Order' on Monday 27th November 2017, and SAPol's failure to follow that direct 'Order', Magistrate White flatly refused to even look at the Certificate of Record sitting right in front of him.

He has similarly flatly refused to look at or even acknowledge the 'Order' made by Magistrate Anderson to SAPol Prosecutions at the 'hearing' 2nd February 2016, now well over 18 months ago, namely;
“Pros undertakes to contact Mr Bonig who appeared last occasion in an attempt to see
the actual constitutional issues so the relevant Attorney General's can be notified”.

This 'Order' followed SAPol Prosecution's Ms Diamandi repeatedly identifying to Her Honour the need for a 'Special Meeting of all Attorneys-General because of the Constitutional issues involved'. SAPol Prosecutions have not done it, and Magistrate White refuses to look at it at all, any of it, either the 'Order' itself or the resulting Contempt of Court from SAPol Prosecutions for ignoring that Court 'Order'.

These multiple Constitutional Law issues are repeatedly identified through-out the Certificate of Record, and they remain unresolved, even though SAPol Prosecutions Ms Diamandi directly identified to Magistrate Anderson (02/02/16) that this Attorneys-General 'Special Meeting' was supposed to occur prior to my 'Trial' even commencing, and again, I have repeatedly raised this with Magistrate White, but he flatly refuses to even acknowledge it.

This 'Constitutional Law' exchange happened multiple times across 27th/28th November 2017, including first thing Monday 27th. Then, without notifying me in any way, Det Gardner was suddenly back in the Witness Box first thing after that (Monday 27th November), and even after I identified to Magistrate White that I was totally unprepared for this particular witness, because she wasn't even meant to be there, he continued to ignore his own 'Order' and began to berate me.

He roundly abused me, at length, about wasting the Court's precious time, etc, and then actually started counting-down the seconds at me, 'you've got to ask this witness a question in 40 seconds or I'm going to excuse them', etc. I continued to protest and Magistrate White continued to angrily count-down, and I was quite literally forced to ask a question of a witness who wasn't even meant to be there.

After nearly three (3) years of hearings and Pre-Trial Conferences and multiple adjournments, all due to either SAPol Prosecutions woeful albeit 'deliberate incompetence', and/or SAPol's and Magistrate White's own absences/adjournments due to their alleged Health Issues, for which I have see no supporting documentation, Magistrate White roundly abused me for wasting the Court's time. At best, it is an extraordinary hypocrisy.

At one point, and again as reported in TBW (attached), Magistrate White actually stated that “this Trial is finishing this week”, yet another gross infringement of my right to a fair Trial. A 'Trial' takes as long as a Trial takes.

With 'seconds to go' and given no other choice, I asked Det Gardner one question and her response was a carefully rehearsed lie in direct conflict with her original testimony back in March 2017 at 'Trial'. When I identified this clearly definable pattern of behaviour from SAPol Prosecutions, constantly changing documents and/or statements when their original efforts fail dismally and I catch them-out lying, etc, Magistrate White suddenly had a change of mind, and removed Det Gardner, and we went on to ICAC/SAPol witnesses.

Next day, Tuesday 28th November 2017, Magistrate White was even more aggressive and abusive, and even after I identified that I was really struggling with my health and therefore ability to self-defend, he again started looking at the clock, before launching into an extraordinary tirade against me that made Monday's effort look almost insignificant.

Even after stating I wasn't feeling well and was not coping, etc, and clearly identifying again my pre-existing and officially diagnosed Mental Health issues of Agoraphobia, Depression, Anxiety, etc, Magistrate White relentlessly abused me about wasting the Court's time, telling me that I could not ask the ICAC/SAPol witness any more questions for that reason, because I was 'wasting their time', them being the two (2) ICAC/SAPol witnesses.

After 3 years of delays, adjournments, etc, not one single one of which has been 'mine', and whilst I was clearly struggling to even form let-alone argue a coherent question, he actually abused me for 'delaying murder investigations'. It is an absolute outrage for a Magistrate to hurl abuse at a defendant in any circumstance, and to blame me for minutes of delay after years of 'official delays' is a crass hypocrisy, but to blame me for delays in murder investigations is just a low act.

Magistrate White actually semi-yelled at me, 'they are Major Crime detectives in the middle of investigating 2 murders', and that I would not be allowed to ask any further questions, telling the witness to leave. At this point I literally just shut-off/shutdown, whatever, finally succumbing to this torrent of deeply biased abuse, abuse and bias that has been evident in Magistrate White's conduct from the very first 'hearing' he conducted in November 2016, after the first 'Trial' collapsed in disarray weeks earlier.

If I had any reserves, any strength to continue after this latest and most outrageous attack in a long list of such attacks/abuses, that was destroyed when we returned from lunch and Magistrate White suddenly stated that he'd 'changed his mind' and that I could now ask more questions of that witness, but no apology or even mention of his previous outrageous attack on me.

As the Court is already aware, as a direct result of Magistrate White's highly erratic behaviour and relentless abuse I attended a doctor yesterday (29th/11/2017), and whilst Dr McIntosh (Hawkins Clinic, Mt Gambier) was quite rightly initially sceptical of the ragged-looking man asking for a Sick Certificate regarding an active Court case, she acted very professionally and appropriately reviewed my extensive file, eg, the huge amounts of Chemotherapy and Radiotherapy I had in 2004/05 to treat a massive (16cmx12.5cm) Lymphoma tumour, hence the struggles I have with the heat these days, etc.

Dr McIntosh also reviewed my Disability Support Pension file and the various referral documents there-in, and is going to help me re-establish a Mental Health Care Plan, albeit via Portland, Victoria, because no such service/Health Provider exists in Mt Gambier. I also described the extraordinary abuses being hurled at me by Magistrate White and how that had affected me so badly, and by the time I left her office, Dr McIntosh had not only provided me the Medical Certificate I was there for, she genuinely wished me 'good luck'.

But now Magistrate White's clear Bias against me has reached a new and quite bizarre extreme, with Dr McIntosh dragged into Court by subpoena this morning (30th/11/2017) to 'explain' the Medical Certificate she had issued me. Apart from an attack on me, again, it is a directly inferred criticism of Dr McIntosh, directly inferring that she is either incompetent or worse complicit in producing/providing an irresponsible and/or unsound and/or even fraudulent Medical Certificate.

This is an outrageous attack on Dr McIntosh's professional abilities and/or ethics and directly impugns her and Hawkins Clinic, and now Magistrate White has apparently over-ruled and/or dismissed Dr McIntosh's specific professional legal opinion and resulting Medical Certificate, because he continued my 'Trial' today in my absence, despite the Medical Certificate.

Apparently, Magistrate White knows better than a Medical Professional. Of course this isn't true, Magistrate White is just so rabidly Biased against me that he's not going to let a mere Medical Certificate interfere with his unambiguous agenda. I have been provided no explanation for this outrageous decision to over-ride my Medical Certificate, but have been repeatedly directed to just 'show-up or else we'll go on without you'.

How is it appropriate for a Magistrate to ignore/over-ride a Medical Professional and just continue with a Trial in the self-represented defendants legally-ratified absence?

His absolute bias aside, Magistrate White has also suffered multiple and critical lapses of memory since his Health Episode, eg, in July 2017 he couldn't remember the May 2017 hearing at all, it's on the transcript/recording, and on Monday 27th November he continually contradicted his own 'Orders' from July, and these 'lapses' have severely compromised my right to a fair and thorough Trial.

These 'lapses' have also over-lapped each other, eg, on 27th/11/2017 Magistrate White forgot and then contradicted his own 'Orders' from July in failing to review and then notify me regarding my identified and repeated requests to be provided the Audio Recordings and Transcripts of my dozens of hearings. When I tried to address this forgetfulness/failure, Magistrate White became abusive again, said 'it wasn't about Pre-Trial transcripts, you've got the March 2017 'Trial' transcript', and again flatly refused to even look at the Certificate of Record right there in front of him, even though it states right there 'Pre-Trial', again in his own Order, to himself.

Magistrate White's bias toward me is one thing, and these 'lapses' do clearly compromise my right to a fair Trial, but potentially they also compromise the legal rights of every one of the “hundreds of cases” (his words) that he is currently presiding over, and leaves each case, mine included, open to Appeal on these grounds.

I formally request that Magistrate White be recused from my case for his Gross Bias against me, but beyond that I request that the Court act to recuse Magistrate White from every/any case he is currently involved in and/or presiding over, pending a full review of his suitability and/or ability to function appropriately.

I further request immediate action be taken because Magistrate White has indicated that he intends to continue tomorrow, 1st December 2017 at 10.00am, and will conclude the 'Trial' tomorrow, in my absence, and despite my Medical Certificate. Please also immediately notify me of the action taken.

Yours,

Nick Fletcher

**and there you have it, as emailed early on Friday 1st December 2017...(and the response?-Ed)...as such, that came at 1400hrs that Friday afternoon, quite deliberately well after it was all over, and I'll put all that in the next post...please note there's no TBW attached, but that's on recent posts anyway, cheers...

Tomorrow: More Court Correspondence

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

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