Only a week ago I was still embroiled in my alleged 'Trial', after days of being deliberately subjected to the most hateful and corrupted bastardisation of appropriate Legal Process, under undisguised attack in the Magistrates Court, openly and repeatedly attacked and abused by a deeply biased Magistrate White in an un-ambiguous Pro-Paedophile Political Persecution, a Political Persecution motivated by this 'ere blog, but more directly, motivated by the St Martins Lutheran School Child Abuse Cover-up...and it ain't Contempt of Court for me to write this stuff about my 'Trial' because I've said it a dozen times over in 'Open Court', and it's been reported previous, eg, the issues of Bias raised in March 2017, etc...
As previously posted, I've had some doozies for sure, but last week was arguably the most stressfully bizarre week that I've ever experienced, certainly with regard to this endlessly bizarre 'Trial' process...
Please find attached the article from The Border Watch, Tuesday 28th November 2017...it's not bad compared to the highly erroneous reportage from the ABC South East Radio that same morning, quoting me as saying my 'Trial' was "tyrannical" and that I 'threatened to take my case to the High Court', but I never actually said 'tyrannical' and I repeatedly stated that I had already referred myself and/or my bizarre 'Trial' to the High Court...TBW has in contrast, been reasonably accurate, but unfortunately there are still critical omissions...
Mr Fletcher refused to participate because my former/second Magistrate, Her Honour Teresa Anderson, HH Anderson specifically 'Ordered' that SAPol (police) Prosecutions find out about and attempt to resolve the Constitutional Law Issues, as specifically identified in the Magistrate Court's own Certificate of Record...HH Anderson made that 'Order' aways away back in February 2016 after the 'new' SAPol Prosecutor Ms Diamandi stated in Court that a 'Special Meeting of all State's Attorneys-General is required prior to any Trial beginning, in case the outcome compromises Constitutional Law'...(as others keep asking you, how do you know this stuff? you ain't a lawyer or a journo or nuthin' like that, yet you know all this Constitutional Law stuff-Ed)...well sure, but like I just said, it ain't nuthin' to do with me knowin' whatevs about whatevs, I know this stuff because it was identified and explained to me (and the Court) by SAPol Prosecutions in that February 2016 'hearing'...(cleverrr-Ed)...what, being forced to show-up in Court and then told this stuff? how is that being clever?...(just sayin' mate, just sayin'-Ed)...yep, sure, sorry mate, just that after more than 3 years of watching 'the Court' repeatedly reference/acknowledge but then all but ignore the Constitutional Law issues, it gets a tad frustrating...('a tad'? wow, what's the opposite of hyperbole?-Ed)...
And just for the record, here t'is from the Certificate of Record, Magistrate Anderson's 'Order' to SAPol Prosecutions to resolve the Constitutional Law Issues...
02/02/16 11.30am Hearing MAGISTRATES COURT OF SA MOUNT GAMBIER
Pros undertakes to contact Mr Bonig who appeared last occasion in an attempt to see
the actual constitutional issue so the relevant Attorney General's can be notified.
*('Order' 4 of 4)*
...this of course refers to a long discussion across the various Constitutional Law Issues, but it clearly identifies 1) that 'Pros' (SAPol Prosecutions) were aware of what it is they are being 'Ordered' to do, and particularly 2) the involvement of the Attorneys-General...
It is my recollection that I even read this-out in Court (27/11/17), and yet Magistrate White completely refused to even acknowledge it, only responding with his enquiry about an 'Action Number' for my self-referral to the High Court...as I explained, I've only just contacted the High Court and am still in the process of following their response/advise to re-submit via the appropriate channels with appropriate paperwork, etc...Magistrate White then returned to completely ignoring all of the actual Constitutional Law Issues, including the multiple other references in the Certificate of Record...
Magistrate White refused to acknowledge the Unchallengeable Reality that my 'Trial' was moved to Adelaide in June/July 2015 because SAPol Prosecutions and 'the Court' agreed with the SE Community Legal Service who were representing/helping me at that time, they all discussed and agreed that it would be necessary to address this very convoluted piece of legislation, the SA ICAC Act 2012, and the impending Constitutional Law Issues, in 'a bigger Court in Adelaide because it would require numerous Constitutional lawyers', etc, to sort it all out...again, this is writ-large in the Certificate of Record, and Magistrate White refused to even look at it when I repeatedly requested,
"Why won't you look at your own Record right there in front of you?"
Mr Fletcher continually talked-over Magistrate White because Magistrate White flatly refused to even acknowledge that 'Order' by HH Magistrate Anderson, and flatly refused Fletcher's repeated request to pick-up the Certificate that was right there in front of him and read the damn thing!...(you didn't say 'damn'?!-Ed)..well no, not quite, but it got pretty heated...(I bet!-Ed)...Magistrate White deliberately refused to acknowledge what was right there in front of him in his own Court's 'Orders'...it was an extraordinary display of wilful ignorance motivated by gross bias against me, from a supposedly independent Magistrate...not just once or twice, Magistrate White repeatedly flatly refused to even acknowledge Magistrate Anderson's 'Order'...
Magistrate White also completely ignored my repeated observations/accusations that SAPol's failure to follow that direct 'Order' by HH Anderson constituted 'Contempt of Court', and that if I'd just ignored such an 'Order' I'd be in all sorts...(of trouble?-Ed)...yeah yeah...(you're in twubble mister!-Ed)...well yes and no, in that I've never been in any such trouble re Contempt of Court because I'd always done exactly what was asked of me, or at least genuinely tried, etc...(it's kinda' ironic for you to be accused of thinking you run the 'Trial', when you've done far more of it than anyone else, Magistrate White included!-Ed)...oh yeah, including successfully arguing for Summons for Info from ICAC Commissioner Bruce Lander, SAPol Comm Grant Stevens, and the ABC (Sydney HQ), all for info that should have already been provided as part of a 'normal Trial' process...(what a joke!-Ed)...farcically laughable...
(And what was that response from the ICAC and the ABC?-Ed)...oh it's all too difficult mate, my Summons for info were/are apparently "oppressive" and "fishing for information", and between them they provided exactly zero documents to support/explain;
1) ICAC Comm Lander's personal and unilateral decision to have me 'prosecuted' by SAPol; or
2) Stuart Stansfield's (SE ABC) extraordinary Affidavit where-in he claims that I've been written
to in January 2014 and told that I'm 'banned from the ABC' because I'm such a problem.
It's All About The Context, I Said:...'cos this is the stuff that was being 'discussed' when Magistrate White talked-over me and called SAPol Det Gardner to the witness box...(but isn't she away on 'Open-Ended Sick Leave', unable to continue her lie-riddled testimony/evidence under your very cross Cross-Examination from 'Trial' aways back in March 2017?-Ed)...well exactly Ed, and as I indicated to Magistrate White, who again just ignored me...I repeatedly identified his own 'Orders' from 19th July 2017 where-in he 'Orders' this;
19/07/17 9:30am Hearing MAGISTRATES COURT OF SA ADELAIDE
Prosecution to provide an update of the witness's health via email by 8/9/17.
None of this exchange is mentioned in The Border Watch, but it does note that I identified, albeit somewhat sarcastically at that early stage, that I was already feeling unwell coming into the 'Trial' and identified my Disability Support Pension/Agoraphobia/Stress stuff as it related to the Health Absences of himself and Det Gardner...repeatedly through-out the hearing I identified this stuff and how I was struggling, etc, but Magistrate White all-but ignored me, in this instance also ignoring my protests that this witness wasn't even meant to be here, as identified in his own 'Orders', which he was simultaneously ignoring, etc, and that I had therefore done no prep for them, at all, and had only prepared for the other 3 identified witnesses, my single witness, and closing arguments, etc...
It was in this circumstance/context that Magistrate White started 'counting-down' at me...it was immediately following this heated exchange where-in Magistrate White was clearly complicit in this very deliberate, rankly deceitful and ineptly transparent attempt by SAPol Prosecutions to try and trick me and undermine my Cross-Examination of their woefully incompetent liar of a Chief Investigator and Chief Witness, Det Gardner, by forcing her on me knowing full-well that I wasn't expecting her at all, etc...and the complicit nature of Magistrate White's involvement is self-evident, namely, he not only allowed it to happen in the first instance, but then he completely ignored me when I identified this, but most extraordinarily, he also refused to acknowledged his own 'Order' as above...
And Fletcher was talking about all these issues...(it was the Constitution, it was the In-Appropriate Witness Trickery, it wasn't Mabo, but it was your Health, etc, etc-Ed)...yep, all that, and Magistrate White just kept-on ignoring me and all of my absolutely valid inquiries/questions/accusations, and called in Det Gardner, and in she came with that sly, smug smirk on her face, and I was thinkin', 'here we go, get in the dodgy witness with carefully rehearsed changes to her evidence from March 2017, and shove it all through by trying to trick me', and I was exactly right...Magistrate White stated that if I didn't show-up at 1415hrs after the adjournment, and/or didn't ask any questions of Det Gardner, that they'd continue without me...(charming!-Ed)...ain't it though...
As reported, Magistrate White repeatedly stated that he was resuming the 'Trial' regardless, with Det Gardner as the witness, and he actually stated, 'this Trial will be ending this week'...(what?! how can he say that? that's absolutely outrageous!-Ed)...I know, I know...(how can he possibly say when this extraordinary 'Trial' will potentially end?-Ed)...indeed...(after 3 bizarre years of multiple adjournments, Health Absences, etc, and with at least 5 witnesses yet to be called, and your own evidence to be given, and you to give your own version/self-Cross-Examination/whatevs, and final summing-up/submissions, etc, how can anyone say when the shreck it's gunna' finish?-Ed)...that's what I said in Court, surely it takes as long as it takes...(absolutely, to put an end-date on it completely compromises a Defendants right to a Fair Trial, let-alone in this bizarrely bloated proceedings-Ed)...spot on, this 'it will be ending this week' statement shows a clear bias against me and clearly compromises my supposed right to a Fair Trial...
Changing Of The Mind:..'cos, to completely contradict his own outrageous 'fixed timetable', just before adjournment on Tuesday 28th November, even Magistrate White started to question his own statement about 'ending this week', when he observed that with so many witnesses left, at least 3, and then all the rest of it still to go, he actually conceded that 'the Trial may well go past the end of the week'...(wow-Ed)...yeah, I know, it's pretty much where I gave-up, if not entirely or already, etc, but at that point, after the extraordinary Magistrate White tirades I'd already been subjected to, the stuff about how I was 'delaying murder investigations', etc, his repeated self-contradictions, and faced with 3 more full days of that abuse and/or contradiction, those were all critical issues in my ultimate capitulation approx 0400hrs Wednesday 29th November 2017...
But back to the Monday, and with all of this extraordinary lead-in, and with Fletcher still profusely protesting, Magistrate White actually started counting-down the seconds at Fletcher, repeatedly, and as reported, threatened/forced Fletcher to ask a question of this witness whom Magistrate White knew was supposedly still on Sick Leave and should not be there at all, let-alone in the Witness Box...I was quite literally forced to ask a question, under absolute duress and whilst being subjected to harassment and abuse and threats from Magistrate White...it is an absolute outrage that a Magistrate would conduct themselves in this disgraceful manner, and completely trounces any pre-conceived ideas of a Defendant's 'Right to a Fair Trial'...(let alone a Defendant forced to self-represent-Ed)...well indeed...
And my first forced question to Det Gardner, with only seconds to go 'who ordered you to raid my home in May 2014'?', and there immediately is the rehearsed lie, completely contradicting her woefully inept and deceitful testimony from the March 2017 'Trial' dates...in March it was mumbling and stuttering, 'err, I dunno', nuthin' written down, probably my boss Baulderstone', and last week it was straight into it without a moments hesitation, 'well, as Chief Investigator I make those decisions'...(but that's an absolute lie!-Ed)...yeah, that's what I'm saying, the whole thing was an absolute SAPol set-up, committed with Magistrate White's complicit blessing, a SAPol set-up to undermine my ability to properly Cross-Examine this rankly deceitful SAPol witness...
Det Gardner was only a few seconds into this lie when I called her on it, stating to Magistrate White the Undeniable Reality that this was a much-repeated pattern of deceitful conduct by SAPol Prosecutions, constantly changing/modifying/re-wording their arguments and/or 'Charge Sheet' and/or witness statements/evidence, etc, etc, on and on, over and over, hearing after hearing, adjournment upon adjournment, for 3 years, whilst they incompetently try to cobble together some sort of case against me...the entire process has been farcical...
Magistrate White stopped me and sent Det Gardner out again, and then promptly changed his mind, saying something about how it was not his 'preferred' option, but excusing Det Gardner from giving further evidence, and calling another brief adjournment until 1510hrs when we were going to start with the ICAC/SAPol witnesses, a directive accompanied with further 'or else' statements from Magistrate White...and that happened, we went on from 1510hrs, but that's a story for tomorrow, etc, and we adjourned for the day at 1630hrs...
Tomorrow: More Stuff
Uber-Cheers again for the feedback/support this past few weeks, and I'm just stoked that I've recovered so well 'Mentally' if not quite yet 'Physically' from this extraordinary week, but it's all clearly a long, long way from over...and even if I'm being left no choice, I guarantee it...
I am Nick Fletcher and it ain't about The Vibe, it ain't about Mabo, it ain't even apparently about the Constitution, it is apparently all about me and this 'ere blog, my blog, The Mount Gambier Independent...cheers and laters...
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