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.
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...
No comments:
Post a Comment