Friday, February 9, 2018

Second Letter To High Court 24/11/17

Well howdy y'all in the blogger-shere, and welcome to another short-ish TMGI post, following directly on from the last one...(well that's a pleasant change, normally you're all over the shop-Ed)...yeah, fair enough, but don't distract me now, here's the second letter/email I sent to the High Court on 24th November 2017...(hence the title of this 'ere post-Ed)...well indeed...I'll talk to y'all again after these short messages...***

Dear Ms Will
National Registry Manager
High Court of Australia

Thank you for your prompt response to my request that the High Court allow me to self-refer my current Magistrates Court 'trial' for alleged breaches of the South Australian Independent Commission Against Corruption Act 2012 (ICAC Act 2012), Section 56 (a) and/or (b), or more specifically, to refer that piece of legislation, the SA ICAC Act 2012.

Your direction that I “seek legal advice” is unfortunately redundant because, as a Disability Support Pensioner who has been refused Legal Aid, I have repeatedly sought the only legal option available to me, the SE Community Legal Service. They have been excellent in providing what advice and assistance they can, but in May 2017 stated they could no longer help.

I have repeatedly emailed all States Attorney's-General, but have only received a handful of automatic replies, and no response whatsoever from South Australia's AG John Rau.

When SAPol's Anti-Corruption Branch first raided my home in May 2014, seizing my laptop, etc, I spoke to my local Member for Mt Gambier, Mr Troy Bell, and I take Mr Bell at his word that his SA Liberal Party lawyers 'would not provide legal advice due to the precedent nature of the case and vagueness of the legislation.'

My 'trial' began in February 2015 without my knowledge, having not been 'Summonsed' or even 'Charged' by SAPol, and I have been forced to self-represent in Court since February 2016, the hearing at which SAPol Prosecutions repeatedly identified/referenced the 'Special Meeting of all state's Attorneys-General with the Federal AG', as previously discussed.

In May 2015, documents provided by SAPol Prosecution identified that I had been investigated by ICAC (Jan/Feb 2014), and was then referred through to SAPol for prosecution (Feb 2014), as being the sole target of 'Operation Baritone'. I have not been able to ascertain, even after cross-examination, whether this Operation originated in ICAC or SAPol, and I understand it is still current.

I reiterate, SAPol and the Court moved my 'trial' to Adelaide (June/July 2015) because of the identified and agreed Constitutional Law issues, before inexplicably returning it here in February 2016, where-in this 'AG Special Meeting' was identified.

I have also discussed my case personally (twice) with Nick Xenophon and his associates, and they have cited to me the issue of 'Implied Freedom of Political Communication'. Mr Xenophon compared the conduct of SA Authorities and how I am being treated to the novel The Trial (Kafka).

My 'trial' continues Monday November 27th 2017, more than a year after the original 'trial' collapsed in disarray due to “Malicious Prosecution” issues, and the Court has yet again failed/refused to provide me the transcripts of the 30+ 'hearings' and/or actual 'trial' dates I have frequently requested, so I can properly prepare my 'defence'.

The conduct of all State Authorities involved in my 'trial' process was/is so inappropriate, that my original 'trial' Magistrate, HH Teresa Anderson was left no choice but to acknowledge my repeated complaints of Political Persecution, and by October 2016 HH officially 'Ordered' that I present my evidence of “Malicious Prosecution” (HH's words) at the 'trial' in November 2016.

After viewing the documents I provided, HH suddenly withdrew on the second morning, the 'trial' stopped, and was eventually moved to March 2017, with a new Magistrate.

Again, I am a private citizen who has not committed any acts of 'Corruption' and/or been charged with 'Corruption', yet I have had my home raided by SAPol Anti-Corruption Branch and face 18 'charges' of breaching the SA ICAC Act 2012, legislation specifically for public/elected officials, government contractors, etc.

I have been forced to self-represent in Court, and am now forced to address the very issue that State Authorities should have resolved before even commencing any prosecution of the SA ICAC Act 2012, that being the repeatedly defined implications for Constitutional Law.

Given the clearly definable Political Persecution of my 'trial', the directly identified Constitutional Law implications of the ICAC Act 2012, and that I have already exhausted every 'legal option', I again respectfully request that I be allowed to self-refer my case and/or the SA ICAC Act 2012 to the High Court.

***...to which the High Court responded thusly...***

Mr Fletcher

The Court does not consider matters brought to them by individuals in correspondence.  If you wish to have a matter considered by the  Court you will need to have proceedings on foot in this Court.  I cannot offer you any legal advice as to the best avenue to you to do that. 

The High Court forms and Rules are available here: http://www.hcourt.gov.au/registry/filing-documents  The original jurisdication of this Court can be very technical which is why I suggested you seek legal advice. 

Matters filed in the South Australian Registry are handled by the Deputy Registrars based in Melbourne.  If you do prepare paperwork  you may wish to speak to them before presenting it for filing to ensure it is in an appropriate form.

 ***to which then I re-responded on 28th November 2017...***

Dear Ms Wills,

Thankyou for your prompt response and suggestions. I am currently trying to work my way through the process, but I'm not a lawyer and do not have any legal advice available to me.

Unfortunately, my Court case resumed yesterday, and Magistrate White continues to refuse to acknowledge the Constitutional Law issues, even though ít is repeatedly referred to throughout the official Court Record, including a now 18 month-old Order by previous Magistrate Anderson for SAPol Prosecutions (SAPol) to, "...attempt to see the actual constitutional issue so the relevant Attorney General's can be notified."  (Hearing, MGMC 2nd February 2016)

At this hearing, SAPol Prosecutions repeatedly identified this 'Special Meeting' of all State's
Attorneys-General, and the fact that said 'Special Meeting' was prerequisite for any Court case that will impinge on Constitutional Law.

I explained to Magistrate White that I have 'self-referred' to the High Court and that that process is underway, and that therefore the High Court is aware of and duly involved in this case/issue, but Magistrate White chose to ignore that also, and has literally forced me to continue.

I formally request that the High Court intervene if it is in any position to do so, as everyone involved in my Court case knows of these Constitutional Law issues but is ignoring them, Magistrate White included.

The Independent Commission Against Corruption Act2012, Section 56, is a fundamentally Fascist piece of legislation, conceived and implemented as a political weapon to be used against perceived enemies of the State, and my bizarre and clearly retributional Court case proves that. As evidenced by my Court case, the ICAC Act 2012 criminalises 'Whistleblowing'.

Magistrate White stated yesterday that he intends to conclude my case "this week" regardless. It is an extraordinary statement given the multiple and extensive adjournments that the Court has implemented as a result of a catastrophically woeful SAPol Prosecutions.

Again, I formally request that, given the well documented but unresolved Constitutional Law issues of my Court case,  the High Court immediately intervene.

Yours, Nick Fletcher.


***...and that, I semi-apologise, is about as far as I got with that...(for now-Ed)...indeed, until now, but there are a coupla' critical points to be made...
1) I was forced to do this High Court Self-Referral because the Magistrates Court and/or SAPol Prosecutions flatly refused to resolve the very Constitutional Law issues re the SA ICAC Act 2012, 'CL' issues that they themselves had repeatedly acknowledged, eg, moving my 'Trial' to Adelaide (July 2015) specifically to address those exact issues, and the multiple references by SAPol Prosecutions in Court (February 2016) to a "Special Meeting of all Attorneys-General" with resultant HH Magistrate Anderson's 'Order' to SAPol to 'resolve the Constitutional issues';
2) I explained this HCSR to Magistrate White first thing on 27th November 2017, and he asked what 'Action number' I had, but as I explained, the very convoluted process had just begun so I didn't yet have any 'number';
3) during that 'discussion' I noted to Magistrate White that my knowledge of the processes indicated/confirmed that I had made that 'Self-Referral';
4) and I also identified that the High Court's response was a critical indicator that there were 'Constitutional Law/High Court' issues...(how so?-Ed)...well as I explained, the High Court hasn't said 'nothing to do with us, go away', quite the opposite in fact, they've responded saying 'sorry, that's not how you do it, here's the correct way to engage with the High Court'...(ahhh, so by not saying 'go away' and instead saying 'here's how to do it', they, the High Court, are acknowledging that they may well be involved in all this SA ICAC Act 2012 shizzle-Ed)...exactly...

Despite all this Magistrate White, as noted above, chose to ignore me and continue on...(along with all the other things he's chosen to ignore, eg, SAPol and/or SAPOL Prosecutions repeatedly lying, right in front of him, and as called-out repeatedly by you-Ed)...well indeed...and not having the benefit of any actual formal legal advice on this 'Self-Referral', etc, it appears that the simplest thing to do is just wait for the rancidly corrupted 'Guilty' verdict we're all expecting from this rancidly corrupted 'Trial' process from the rancidly corrupted South Australian Magistrates Court, etc, etc, because that 'Guilty' decision will automatically trigger a series of 'Appeals' based on the multiple and already clearly identified but deliberately unresolved Constitutional Law issues...(hurrah!-Ed)...and the bizarre shenanigans of my 'Trial' being continued in my absence, being denied Transcripts/Recordings, the provable lies from SAPol, failure to even define the legislation I'm being persecuted with, provably changing the ICAC Act in November 2014 specifically to be able to persecute me, etc, etc, are all in-and-of themselves basis/grounds for 'Appeal'...(well maybe in a system not so rancidly corrupted!-Ed)...yeah, valid point Ed...

Unfortunately a valid point because what 'Judicial System' that has acted so definably corruptly in trying to get me is going to suddenly about-face and give me an appropriate, un-biased and un-corrupted hearing of any sort, let-alone an 'Appeal Process'?...(now that's what I call optimism-Ed)...just sayin' mate, just pointin' out the bleedin' obvious, and it's actually quite cathartic...(oh here we go-Ed)...nah, it is mate, because the Court and the Parliament have fully demonstrated that they are just going to do whatevs, regardless of how many times I fundamentally dismantle their 'Persecution Prosecution' of me, how many times I catch them lying in Court, the Constitutional Law issues, etc, etc, etc, and because that's how they're going to behave, it allows me to largely divest myself of any sense of failure or righteous indignation, etc...basically, these corrupt clowns are going to do exactly whatevs they want regardless of the Law they claim to be representing, so why would I worry about that?...

Tomorrow: I Can't Remember...Court Stuff? Probably?

I am Nick Fletcher and I'd just like to point-out that all this 'High Court Shizzle' proves that, despite the rancidly corrupt Pro-Paedophile Political Persecution that I'm being subjected to...(for many years now-Ed)...indeed, and all the associated trauma, etc, etc, despite all that, 1) I've been havin' a fair dinkum crack at it as best I can...(damn straight!-Ed)...and I fully intend to continue as best I can...(hurrah!-Ed)...oh, and this is my blog...cheers and laters... 

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