Just a coupla' quick points from the previous post, namely, I absolutely maintain that "I have been done over by a corrupt police force", not to mention a wholly biased-to-the-definition-of-corrupt Magistrate White who has openly harangued and abused me from the Bench, including his extraordinary display 27th November 2017 where-in 1) he stated that 'this Trial will be ending this week', whilst 2) he was counting-down the clock at me, whilst forcing me to question SAPol's (police) Anti-Corruption Branch Det Gardner, who was supposedly absent on Sick Leave and not meant to be there at all, etc...and this is where Magistrate White's conduct moves from rank 'Bias' to outright corruption...
I repeatedly identified to Magistrate White, his very own 'Orders' from July 2017 where-in he 'Orders' SAPol Prosecutions 'to notify about the witness's health by September 2017', but he refused to even look at the 'Orders', etc, and continued to force me to ask questions of Det Gardner, even after I identified that I was not prepared at all, because she wasn't meant to be there, as per his own 'Orders', which he then wouldn't look at, etc, etc...round and round it went, until we got to Magistrate White straight-out threatening me to 'ask a question of the witness now, 40 seconds, or that's it, you're done asking her any further questions at all, 30 seconds', etc, etc...(wow-Ed)...even after I clearly identified the multiple reasons that Det Gardner should not be in the witness box, and how these compromised my right to a Fair Trial, Magistrate White wantonly ignored all of those issues, and quite literally forced me to Cross Examine...and that's not Bias, that's Corrupt, and saying that is not 'Contempt of Court' because I've stated it repeatedly in Court...
Multiple times in 'Open Court' I have stated to Magistrate White that his conduct of my 'Trial' has become part of the Malicious Prosecution, that his conduct is definitively part of the Political Persecution being conducted against me by SAPol, apparently on behalf of ICAC Comm Bruce Lander, via the ICAC Act 2012 Section 56 (a) and/or (b), etc, etc, etc...(you don't believe that this just started with Lander do ya'?-Ed)...no, not really, but what I have proven in Court is that the 'complaint' against me officially started at/with ICAC Comm Lander, who referred it through to SAPol, albeit allegedly without any paperwork what-so-ever...(what? not one document?-Ed)...not one single document...(so your 'ICAC Complaint' didn't go through any of the normal official referral channels like, say, the Office of Public Integrity?-Ed)...nope, they reckon they'd have rejected it out-right because I'm a civilian, not a Public Officer or Politician or Public Servant, etc...(it just 'appeared' with Lander, and then just 'went' to SAPol? but not one document?-Ed)...yep and yep, but somewhere along the way it did become 'Operation Baritone'...(but again allegedly no-one knows who ordered that or even if it's an ICAC or SAPol 'Operation'? etc, etc-Ed)...and there's allegedly no paperwork, nothing, 'Operation Baritone' just sortta' materialised out of the Ether, and SAPol Anti-Corruption Branch just sortta' started investigating, and then they just sortta' raided my home, etc, and again there's allegedly no paperwork for any of this...
And Magistrate White has allowed all this to occur, repeatedly refusing to even acknowledge what I am saying on these issues and my requests for these alleged documents what don't actually exist apparently, even though there's 'Operation Baritone', etc, etc...I still have not received any explanation from SAPol/the Court as to why I was never actually 'Charged' or even Summonsed to the original hearing aways back in February 2015...(and haven't SAPol Prosecutions repeatedly lied about this right in front of Magistrate White?-Ed)...indeed they have Ed, and twice very specifically, including once in collusion with their SAPol Lead Investigator and Chief Witness, Det Gardner...(indeed, with SAPol stating/agreeing that you were 'Charged' on December (17th or 18th?) 2014?-Ed)...yep, they sure did...(and didn't you catch them dead-to-rights on those lies, right in front of Magistrate White?-Ed)...yep...(and what happened?-Ed)...nuthin', when Magistrate White doesn't like what I'm sayin', he just ignores me, and if I continue, I get told to 'sit down'...
And when I get told to 'sit down', the poor bloody Sherriff/Court Officer is obliged to come stand next to me and politely tell me again...and as I did multiple times in Court, I again apologise unreservedly to all Court Officers/Staff for getting dragged into my shizzle due to my conduct, even though it's ultimately a result of Magistrate White's outrageous conduct and what it has driven me to do in trying to defend myself...and this is the Cowardice of Magistrate White's corrupt conduct against me...massively Biased refusal to address any of the huge inconsistencies, failings, and/or outright lies of the SAPol Prosecution, and then bully me and/or shut me down with repeated threats of 'Contempt of Court' and/or 'Sit Down', both of which drags the Court staffers into his Bias and Corruption...it is disgraceful conduct from Magistrate White, and done with very clear motivation and intent, done to harass and intimidate me whilst actively trying to deny me a 'Fair Trial'...
So following directly on from the last post, I'm gunna' quickly run-through the media stuff, albeit in a context where that Tuesday 28th November 2017 is all a bit of a blur, and this story covers a coupla' points, but yet again The Border Watch has made massive critical omissions...I've pretty-much given-up trying to keep track of who is and/or isn't sitting in Court behind me during proceedings, and journos have been there in the morning but not the arvo, etc, but whatevs, when stuff's not published it critically compromises the Reality of what's happening...anyhoos, here's the TBW article from Wednesday 29th November 2017...
After Monday's debasco (debacle/fiasco) with SAPol's Det Gardner, that arvo the next witness was
SAPol/ICAC Det Schaeffer, who was one of the two ICAC Investigators I spoke with at Metro Cafe aways back October 2013...this continued on into Tuesday 28th November, and included Det Shaw, the other ICAC/SAPol witness...it was part-way through my Cross Examination of Ms Schaeffer on 28/11/17, that Magistrate White launched into his extraordinary tirade at me, stating that I was wasting the Court's time and the witnesses' time, and that 'murders weren't being investigated' because of me, etc...but first, some context...
And as I have repeatedly raised in Court, I am a private citizen 'Charged' under 'Public Administration Legislation' of the ICAC Act 2012, with allegedly committing the supposed crime of 'discussing' an alleged ICAC Investigation of Mt Gambier City Council, an ICAC Investigation that had already exonerated all concerned...and my personal experience of that alleged ICAC Investigation was a 30-40 minute chat in a cafe, with several people in easy-earshot, nothing recorded and nothing written down...and when I've pushed on this issue, on the extraordinary hypocrisy of charging a private citizen (me) for 'discussing' an investigation that is supposedly so Top Secret that said civilian (still me) needs to have their very own 'Operation Baritone', and have their home raided (May 2014), their laptop seized/stolen as 'Evidence', and a 3 year-long 'Trial', etc, etc, et bloody cetera, yet that alleged investigation was a chat in a cafe!...(wow-Ed)...damn straight 'wow'! and when I've pushed on that bizarre hypocrisy/dichotomy, I've been told 'it's irrelevant whether or not there was even an investigation because you're actually charged with identifying the subject of a complaint, not with discussing any investigation'...
And at 'Trial' 2 weeks ago, SAPol/ICAC witness Det Schaeffer moved this bizarre rationale to a whole new level by stating that what happened with me at the cafe 'was not actually the ICAC Investigation, it was an "interview" to see if we'd do an investigation'...(wow-Ed)...oh yeah, but at least they allegedly 'spoke' to MGCC CEO Mark McShane, albeit 'briefly', albeit in some random 'hallway at a function at the Convention Centre in Adelaide', albeit allegedly again without anything written down and/or recorded, etc, etc...(wow-Ed)...before continuing on to say that that made discussing stuff in the cafe with me okey-dokes as well!...(sorry? not an investigation, an 'ínterview'?-Ed)...yep, they 'interviewed' me and McShane but no-one else allegedly, and they then apparently 'recommended No Investigation to Comm Lander'...(what?! what sort of nonsense is that? what the shreck is a bloody 'Pre-Investigation Interview'?-Ed)...indeed, it's patently ludicrous word-weazelling...
(And hang-on, even if you accept that ludicrous 'Interview, Not Investigation' proposition, that conflicts directly with both Comm Lander and MGCC who have both officially stated that 'MGCC have been investigated and exonerated'-Ed)...yeah, it is exactly what it appears to be, and those Truths are undeniable...ultimately, the only official ICAC Investigation of Mt Gamber City Council was a chat with me at Metro Cafe and a chat with CEO McShane in a hallway, with nothing recorded at all...it is unequivocally an absolute and multi-facetted farce...(and you're the one who gets 'Charged', wow-Ed)...indeed...but let's get to the article itself...
I did ask Magistrate White to recuse himself, because he has entirely forgotten the May 2017 hearing, and most of Monday 27/11/17 was spent with me reminding him of his own 'Orders' from July 2017, apparently none of which he can recall, eg, Det Gardner's unexpected presence, and not least of all his 'Order' to himself about providing me 'Pre-Trial Transcripts' and 'notifying' me, etc...these lapses of memory, that actually seem genuine, do not excuse Magistrate White's refusal to acknowledge these 'Orders' when I'm quoting them to him directly from his own Certificate of Record...and anyone who actually knows me knows that I do not lightly engage with other's Medical Issues, and that whilst I am furious with Magistrate White, I have also been gifted the genuine good-grace of Absolute Empathy after surviving a massive Lymphoma Tumour that I had no right to (2004/05)...but my personal ethic/position aside, my genuine concern for this person's health is irrelevant, what's important is the Legal Implications for my and many other Trials if Magistrate White has suffered 'an episode' or 'side-effect', whatevs, that compromises his abilities and therefore a Defendant's right to a Fair Trial...
I note that TBW has not specifically explained why I asked Magistrate White to recuse (excuse) himself, nor have they explained why I continued to pursue the Constitutional Law issues...TBW has covered SAPol Prosecution's Batten statement that 'a ruling has been made on the Constitutional Law stuff by a previous magistrate', being Magistrate Foley in Adelaide (December 2015), but TBW doesn't report my immediate and un-challengeable counter-point that at the very next hearing back in Mt Gambier, February 2016, the new Magistrate HH Anderson made that particular 'Order' to SAPol Prosecutions to sort out what they (SAPOL Pros) had just raised in that hearing, namely, all the stuff about a requisite Special Meeting of Attorneys-General before the Trial could/should start, etc, etc...I clearly stated this in Court, and it immediately cancels what SAPol Pros have claimed, yet there's no action from Magistrate White, and one gets reported, not the other...
This continual referral to 'the Rules' is yet another round of thinly-veiled threats following-on from numerous others, starting with the original and straight-out 'Contempt of Court' threat made back in February 2017...just because Magistrate White is tip-toeing around the actual phrase because he's already fired that particular broadside, that changes nothing, he and I both know that this is exactly what he's doing...(and when that doesn't fly, it's the 'sit down!' stuff which drags in the Sherriffs, etc, etc-Ed)...exactly...
The Border Watch then skips an entire and critical exchange between myself and Magistrate White, or rather, Magistrate White's extraordinary tirade against me about wasting the Court's and or witnesses' time...SAPol/ICAC's Det Schaeffer stated that 'no new documents or testimony were given during the unrecorded cafe chat', but that this chat lasted 75 minutes...(that's a very long chat about nuthin'-Ed)...indeed, and it's also not strictly true, because I handed her/them a copy of MGCC's Minutes from that Full Meeting in September 2013 where-in Mayor Steve Perryman identifies a Conflict of Interest with the Old Hospital Demolition Tender due to an "Accommodation Agreement" with McMahons, who only minutes after Steve leaves are announced the Tender winner, etc...this is in MGCC's Minutes, and when I handed a photocopy to ICAC/SAPol's Det Schaeffer, she pushed it back across the table at me, stating that 'we already have that'...
And as I was trying to argue that this was a critical error in Det Schaeffer's 1/2 page of hand-written notes that apparently constitutes the ICAC Investigation in it's entirety...(wow-Ed)...a critical error that defines ICAC's deliberate refusal to genuinely 'investigate' MGCC, no action despite claiming to have the very document that proves the Corruption involved...and it was then that Magistrate White started telling me to 'move on to the next question', and yes I was 'talking over him' about this, and then spotted him looking at the clock again, and I called him on it, 'you're looking at the clock, are you about to start counting-down the clock at me again?'...and then with the 'sit-down' stuff, but I continued, and it was then that Magistrate White quite literally 'lost it' at me...
Magistrate White was angrily castigating me about wasting the Court's and/or witnesses time, half-out of his chair, leaning forward over the Bench, when he actually pointed at Det Schaeffer, and berated me at volume, "they are Major Crime, in the middle of two murder investigations...", and I don't recall the immediate next few seconds because I was just gob-smacked...(as indeed was Det Schaeffer!-Ed)...indeed, wide-eyed surprise bordering on shock...I've covered this at length in recent posts, but there it is again, Magistrate White actually had a go at me about how my questions were delaying murder investigations, and then sent Det Schaeffer out, stating to me that I wasn't going to be asking her anymore questions, and that's roughly where we went to lunch...absolutely outrageous conduct from Magistrate White and yet not covered at all by TBW...
And when we returned from lunch, Magistrate White very quietly, very sheepishly said, 'during lunch I thought about it and I've changed my mind and you can ask that witness some more questions, get her back in please'...(but why?-Ed)...no explanation other than he'd 'thought about it'...(so before lunch it's angry abuse about 'you're delaying murder investigations' and 'no more questions', etc, but then he's just changed his mind?-Ed)...yep, but no apology for the abuse or anything, no apology for his wildly fluctuating behaviour and/or self-contradicting decision...and as previously posted, that's pretty-much where I gave-up...TBW does identify that I was repeatedly stating to Magistrate White that I was struggling to the point of not being able to function, but doesn't identify the highly abusive 'murder' comments or other outrageous conduct from Magistrate White that eventually drove me to that capitulation/collapse...
What TBW does report is that even after I identified that I was really struggling, and had asked for an adjournment, Magistrate White just continued-on regardless with Det Schaeffer, again, sort of, and then her junior partner ICAC/SAPol Det Shaw...the eventual adjournment at 1530hrs came about because we'd 'finished' with Schaeffer and Shaw, and SAPol Prosecutions had already told their next/last witness, the ABC's Stuart Stansfield, to go home...that adjournment was not for me at all, Magistrate White had already completely ignored/refused my request, but then adjourned only after hearing 2 more witnesses, and then only because SAPol couldn't provide their witness...
And over the next coupla' posts I'll continue/conclude this very bland account of these extraordinary proceedings, an account sans any real sense of or even attempts at humour...so until...
Tomorrow: More Court Stuff, Yay
I am Nick Fletcher and this 'ere is my blog...cheers and laters...
Sorry to hear this. I've spoken to people in other similar cases and it is unclear if it is poor workplace culture, social/status disfunction or organised corruption that causes government officers to waste tax payer resources and commit professional misconduct and Maladministration.
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