Tuesday, February 6, 2018

Nick 'The Vibe' Fletcher And The High Court Self-Referral

***And a very merry to Christmas Island, Aotearoa (New Zealand), the good ol' USofA, and of course right here at home in Mt Gambier, South Australia, Australia...I know I promised happy fun times in a muchly improved Mt Gambier, all courtesy of my wondrous visions for improving Mt Gambier, etc, etc, but this post and the next several were all started aways back in the dim, distant past of November 2017, now nearly 2 months ago, and it's all about to become really rather relevant given that Magistrate White is apparently going to make his 'judgement' about my ICAC 'Charges' in a coupla' weeks, and a 'Guilty' verdict would/will immediately contravene Constitutional Law and effectively automatically trigger the various 'Constitutional Law Appeal' processes that lead ultimately to the High Court...

As y'all may be aware, back in November 2017 I was in Court for at least some of my 'Trial'...(before Magistrate White continued in your absence-Ed)...indeed, on 'Trial' for supposedly breaching the SA ICAC Act 2012...(or rather the ICAC Miscellaneous Amendment Act, November 2014-Ed)...well indeed...(after ICAC/Labor/Parliament changed the ICAC Act 2012 in October/November 2014 specifically to get you, like we done explain/expose in recent posts-Ed)...another well and another indeed, but let's stay on task...

Given that Magistrate White had flatly refused to acknowledge let-alone address let-alone resolve the multiple Constitutional Law issues, many of which were raised/identified by SAPol prosecution's Tessa Diamandi, in Court in February 2016, albeit via videolink from Adelaide, but during my 'Trial' process, etc, with all that going-on and clearly no resolution in sight, I took the self-evidently unusual and transparently desperate measure of trying/applying/whatevs to 'Self-Refer' my case to the High Court, and I did that on 23rd November 2017 with this 'ere letter attached just below...I'll talk at ya's on the other side...***   

To the Members of the High Court of Australia,

I respectfully request that I be allowed to self-refer my current Court case, 'Police v Fletcher, MCMTG-15-72', as this 'trial' specifically relates to Constitutional Law.

Since February 2015 I have been prosecuted in the SA Magistrates Court (Mount Gambier and Adelaide) for alleged breaches of Section 56 (a) and/or (b) of the South Australian Independent Commission Against Corruption Act 2012 (ICAC Act 2012).

In June/July 2015, my former legal representatives (SE Community Legal Service), SAPol Prosecutions, and the Magistrates Court negotiated my 'trial' being moved to Adelaide because of the complexity of these pending Constitutional Law issues. The 'trial' was returned to Mt Gambier Courthouse December 2015 with no explanation provided to me then or since as to what happened to the Constitutional issues.

In Court in February 2016, SAPol Prosecutions specifically identified the requirement for a 'Special Meeting' of all state's Attorneys-General and the Federal Attorney-General, with respect to the potential compromise of Constitutional Law should I be convicted. This 'Special Meeting' is apparently supposed to happen before any relevant trial even commences, but nearly three years into my ongoing 'trial' I am forced to pursue this issue myself.

It is my understanding that should I be convicted of these alleged charges, that this will automatically trigger a series of 'official Court hearings/appeals' ultimately ending in the High Court, due to the Constitutional Law implications.

Please note that I am a private citizen being prosecuted under ICAC Act 2012, legislation which is allegedly meant to govern public/elected officials, and I have no formal legal representation, having been refused Legal Aid.

Again, I respectfully request that the High Court review and decide on these Constitutional Law issues, and that I be allowed to personally present a full account of my prosecution directly to the High Court at its' earliest convenience.

Yours,

Nick Fletcher
23/11/2017

***...to which I received the following response from the High Court later that same arvo...I've 'just put this to show that I did send that email, etc...***

Mr Fletcher

The Chief Justice and Justices of the High Court of Australia consider legal argument presented by parties to proceedings properly commenced within the jurisdiction of the Court.  The Chief Justice   and Justices do not engage in private correspondence with members of the public.

In order to raise matters before this Court you must first have a proceedings on foot. I would urge you to seek legal  advice as to the best avenues open to you before commencing  litigation in this Court.

Regards
 
***...and I did respond myself, but that's a rather drawn-out letter/email, so we'll do a quick series of very short posts to cover each exchange...I note dear availees, that I raised this 'Self-Referral' issue with Magistrate White first thing on 27th November 2017, but he just asked what my 'Action Number' was, and when I said I didn't have one yet, he just continued...I also note that in Court I specifically identified the details I knew of the very tortuous processes involved in 'referring' anything to the High Court, eg, having to go via the Melbourne (Victoria) Registry because there ain't one in Adelaide, and thusly I clearly illustrated the veracity of my 'Self-Referral' to Magistrate White...

Tomorrow: More High Court Shenanigans

I am Nick Fletcher and this is my ICAC 'Trial' nonsense telescoping-off into the distant future of years of convoluted legal posturing as everyone tries to ignore the Constitutional Law issues and/or me because they think they can 'cos I can't afford me no fancy lawyer types...oh, and this is my blog, cheers and laters...

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