So here is the 2-page Addendum to my letter to Chief Magistrate Hribal, as in the previous post, both of which were emailed by early Friday 1st December 2017...**
To The Chief Magistrate
Her Honour Judge
Mary-Louise Hribal
MCMTG-15-72 SAPol v
Fletcher
Please add this letter
as an addendum to my original letter of yesterday, Thursday 30th
November 2017, when I wrote requesting that Magistrate White be
recused from my 'Trial' because of both his outrageous conduct
toward me, clearly definable bias and constant verbal abuse, and also
his apparent Health Issues, where-in he is forgetting whole hearings
and his own Orders.
Any semblance of
propriety and balance, any sense of a Fair Trial, was dashed
yesterday when Magistrate White reportedly ruled that he was
continuing with my 'Trial' despite my absence, an absence almost
entirely due to his erratic and abusive conduct, and despite the
Medical Certificate I have. He reportedly cited his own Health Issue
Absence earlier this year as a 'delay', before stating that such
'delays' should be 'used sparingly'.
In real time, at 0745
Friday 1st December 2017, I'm currently listening to my
personal Medical/Health information, including Dr McIntosh being
named, all being reported on ABC South East Radio. Magistrate White
has apparently cited both his and Det Gardner's Health Issue delays
as reasons to ignore my Medical Certificate and continue in my
absence. It is absolutely outrageous.
According to Magistrate
White, it's alright for SAPol's Det Gardner to go off on extended
Sick Leave mid-Cross Examination by me and causing multiple
adjournments, without providing me any evidence of the veracity of
that alleged malady, and it's alright for him to have Sick Leave
causing adjournments, and again without providing me any
documentation, but when I, a self-representing civilian defendant is
unwell with a pre-existing and pre-diagnosed condition and provides a
valid Medical Certificate, he has reportedly stated that 'we've had
too many adjournments already, and I'm continuing'.
In my first letter I
haven't covered the issue of Transcripts properly, and how Magistrate
White's repeated failures/refusals/forgetting to provide me those
Transcripts and Audio Recordings has completely compromised my right
to a Fair Trial.
I am a 'civilian' who
has been forced to self-represent, forced to try and write down notes
and prepare/construct argument/questions and cross-reference streams
of dialogue and documents and cross-examine, all whilst trying to
deal with Magistrate Whites erratic and often self-contradictory
'Instruction', usually delivered with a serve of abuse for me, and
all that in the moment whilst mid Trial, and for years now I have
repeatedly requested the obviously critical Audio and Transcripts.
On Tuesday 28th
November 2017, when I was struggling to construct a question,
Magistrate White unleashed a flurry of abuse about how my struggle
was 'stopping murders being investigated'. If this outrageous attack
wasn't bad enough, it happened whilst I'm simultaneously trying to
write stuff down and prepare the next question.
This is how I have been
treated by Magistrate White whilst trying to self-represent. Whilst
I'm trying to take notes about what's happening, scribble questions,
etc, because I'm clearly never going to get that Audio and/or
Transcripts, Magistrate White angrily harangues me from the Bench.
These Audio Recordings
and Transcripts are self-evidently critical to my 'defence',
particularly given that, 1) I wasn't in attendance at all for the
several critical Adelaide hearings, and 2) that this 'Trial' is now 3
years long, but most importantly, 3) given the huge volume of
Instruction/evidence/testimony that I miss mid-Trial whilst trying to
write stuff down. For this reason alone I need immediate daily access
to that Audio, along with the Audio and Transcripts from all previous
hearings.
I have also repeatedly
been refused the right to record hearings myself. I'm not allowed to
record and Magistrate White's actions indicate that he has no
intention of providing me that Audio or even Transcripts. This
completely compromises my right to a Fair Trial.
Earlier this year
Magistrate White said he would 'consider' my request to do my own
Transcript from the Audio, in a room at Mt Gambier Courthouse, but
that request also remains unresolved.
Now Magistrate White
has repeatedly refused to acknowledge his own 'Order' to himself from
19th July 2017, flatly refusing to even look at his own
Certificate of Record where it states that he will “consider” my
application for “pre-trial” transcripts and “advise parties
accordingly”. This has not happened.
This is a definitive
illustration of how Magistrate White has conducted himself this week.
It is one thing to genuinely forget things due to illness or the
passage of time, etc, but it's an entirely different issue when
Magistrate White straight-out refuses to even look at his own
'Orders' on the page right in front of him and I'm directing him to
that Certificate/'Order'. Both things individually compromise my
right to a Fair Trial, but in combination they completely deny me
that right.
Again, I provide this
letter as an addendum to yesterday's, and I repeat my request that
Magistrate White be immediately recused from presiding over my
'Trial', and that I be immediately informed this morning, because
despite my Medical Certificate he has indicated that he intends to
proceed at 1000hrs without me.
Yours,
Nick Fletcher
***...and that went with the other 6-page letter from the previous post, and here's the response that I received from Chief Magistrate Hribal at 1300hrs that same Friday afternoon, well after it was all over here in Mt Gambier...***
Dear Mr Fletcher
I
refer to your two emails to me about a trial that is currently before
the Magistrates Court at Mount Gambier. Any application for Magistrate
White to recuse himself needs to be made by you to him in Court. Before I
am able to further consider your emails about the conduct of the
trial, the trial needs to be finalised and at that point should you be
unsuccessful you have an appeal process.
I will continue to monitor this matter and will consider it further when your matter is finalised.
As
your emails relate to the conduct of the judicial officer in question, I
will refer your complaints to the Judicial Conduct Commissioner. He
will be in contact with you separately.
Yours sincerely
JUDGE MARY-LOUISE HRIBAL
CHIEF MAGISTRATE
***...to which I duly responded (below)...just noted dear availee, that I posted the original 6 page letter late on the Thursday night, 2230hrs approx, and the Addendum at 0830hrs Friday morning, but point being that both had been sent to and received by both Adelaide and Mt Gambier Registries by office hours Friday, and at least an hour before Magistrate White resumed my 'Trial' in my absence...***
To The Chief Magistrate
Her Honour Judge
Mary-Louise Hribal
Re: MCMTG-15-72 SAPol
v Fletcher
I refer to my two
emails to the Adelaide Magistrates Court Registry and Mt Gambier
Court Registry, Wednesday 29th November 2017, where-in I
firstly advised of my ill-health due to Magistrate White's relentless
abuse in Court, and intention to attend a doctor that morning, and
then immediately after that 1000hrs appointment provided both
Registries with the Medical Certificate the doctor provided me.
I also refer to my
original 6-page letter to you, Thursday November 30th
2017, emailed to you and the Mt Gambier Registrar at approx 2230hrs
that evening, and the 2-page addendum to you, emailed at 0900 Friday
1st December 2017, again to both, and your eventual
response 1300hrs Friday afternoon.
In your response, you
have failed to even acknowledge the extraordinary Constitutional Law
issues that should be resolved before this 'Trial' even commenced, as
you are aware, and completely ignore the outrageous conduct of
Magistrate White, the reason for my Medical Certificate and
subsequent letter to you (30th/11/17).
Why have you stated to
me that you will not act until after this 'Trial' is completed? This
completely ignores the Constitutional issues and ignores what you
know about how Magistrate White's outrageous conduct have totally
compromised my right to a 'Fair Trial'.
Why have you advised me
that I must be the one to appear before Magistrate White and ask him
to recuse himself? You are already aware that I have already done
that twice, firstly at 'Trial' in March 2017 for his rank Bias, and
again regarding his Health Issues and resultant memory lapses,
November 28th 2017, and Magistrate White has just waved me
away on both occasions.
You are also aware of
many if not all of the rank biases, gross procedural irregularities,
verbal abuses, and repeated threats that define Magistrate White's
behaviour toward me, and conduct of my 'Trial' in general, and that
as a direct result of that extraordinary abuse, that I was issued a
Medical Certificate excusing me from attending Court for the
remainder of that week, Friday included.
Knowing all of this,
why would you direct me to go back into Court and yet again ask this
definably rankly biased Magistrate to yet again sit in judgement of
his own faults, failings, and/or biases?
You then continue to
ignore what you are aware of about the Constitutional Law issues and
the gross impropriety of Magistrate White's conduct, and state that
you intend to do nothing at all until the 'Trial' is over. How is
this appropriate?
You are aware that the
'Trial' should not have began at all before all State's
Attorneys-General and/or the High Court review the bizarrely
undefinable Independent Commission Against Corruption Act 2012 (South
Australia), and satisfy themselves that a 'Guilty' verdict doesn't
compromise Constitutional Law; which it clearly does.
Your statements about
how I 'have an appeal process', is deeply disingenuous in that you
know that I have been refused Legal Aid funding for this Prosecution,
and am therefore already forced to self-represent, and that there is
no Legal Aid for 'appeals'. This statement again ignores the
Constitutional Law issues.
You then repeat your
intention to do nothing at all about any of the multiple gross
Judicial improprieties committed by Magistrate White, that you are
aware of, and/or any other part of my 'Trial' process.
How is it appropriate
for Magistrate White to 'over-rule' a medical practitioner's
'Certified Medical Certificate', and just continue my 'Trial' in my
absence, when that absence is medically/legally ratified? It is an
absolute outrage.
As you are aware,
Magistrate White has cited his own Medical Absence and that of SAPol
Det Gardner and their associated multiple adjournments and delays, as
a reason to deny me an adjournment. It is an absolutely disgraceful
hypocrisy at the very least, but also done in the context where I am
the only one to actually provide a 'Certified Medical Certificate' to
the Court. You know all of this.
How is it appropriate
for Magistrate White to force that doctor to give evidence about my
'Certified Medical Certificate', let alone to then conduct that
'hearing' in Open Court, for the local media to broadcast the next
day? It is an absolute outrage, on multiple counts.
How is it appropriate
to discuss my personal medical details in Open Court? This is an
outright attack on me and the doctor involved.
You conclude by stating
that you have referred me to the 'Judicial Conduct Commissioner', who
is Bruce Lander, who you know is also the ICAC Commissioner, and who
you know is therefore the person responsible for my 'Trial' in the
first instance.
I have carefully
explained to you, if you were not already aware, that my 'ICAC
Charges' did not go through any of the normal processes, but have
somehow just 'appeared' at/with the ICAC Comm Bruce Lander, who is
apparently therefore not just the person that referred me to SAPol
for prosecution in the first instance, but also the original
complainant.
Why would you choose to
ignore so many things in refusing to act, and then refer me back to
the person you know is responsible for the problems in the first
instance?
Apparently Magistrate
White has continued and 'concluded' my 'Trial', in my
medically/legally ratified absence, and now intends to hand down his
'decision' on February 28th 2018, from Elizabeth via
Videolink. This is an outrageous farce.
I would like reasonable
explanations to each question posed in this letter, and re-iterate my
request that you intervene and have Magistrate White immediately
removed/recused from my 'Trial', whatever further delays that may or
may not cause, and that you take that action because Bruce Lander has
a gross Conflict of Interest and clearly cannot be in conduct of any
matter involving me, let alone a matter that began with his own
complaint to himself about me, that he then referred to SAPol.
Yours,
Nick Fletcher
***...and I've had exactly zero response to that letter, not even a 'cheers mate, we'll get back to ya' real soon like'...nor have I heard not nought from My New Bestie And Also In His Spare Time ICAC Comm Bruce Lander from under his other hat as Judicial Conduct Commissioner...
And so the rankly Pro-Paedophile Farce that is the Political Persecution of Nick Fletcher marches, or rather lurches, on...seriously though dear availees, go back a coupla' posts and have a look at the Undeniable Realities of the SA Parliament passing the ICAC Miscellaneous Amendment Act...I get my very own ICAC/SAPol 'Operation Baritone' sometime mid-February 2014, then my home raided by SAPol Anti-Corruption Detectives in May 2014, leading to my (then) Legal Eagles having to write to ICAC Comm Bruce Lander, saying/asking, 'hey dude, like what's with this bizarre ICAC Act 2012 shizzle? can we even talk to this dude even though he ain't actually been 'charged' with anything yet? can you please explain your unintelligible ICAC Act 2012? etc, etc...
Then in November 2014 the SA Parliament, courtesy of Attorney General John Rau, rammed through in literally record time, the ICAC Miscellaneous Amendment Act 2014, including previously absent definitions that specifically address the issues I/my Leagles had raised...I note that in the SA Parliament Hansard from November 2014, check it out dear availees, that my other bestie li'l Johnny Rau actually identifies the confusion the ICAC Act causes Officials and/or Authorities as being the motivator for this 'Amendment/Definition'...
And then, having supposedly sorted-out the legislation they need to try and Prosecute/Persecute me, my 'Trial' commences in the Mt Gambier Court on 3rd February 2015, but without me because I hadn't been 'Charged' or even Summonsed...raid my home, change the Law, start my 'Trial' without even telling me, and nearly 4 years later, here we are...it's a rancidly corrupt Pro-Paedophile farce starring the Attorney General, the SA Parliament, the SA ICAC, and the SA Courts...oh, and moi...
Tomorrow: Probably More Court Stuff
I am Nick Fletcher and this is my blog...cheers and laters...
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