Through-out, he has flatly refused to answer my direct questions on;
1) the repeatedly acknowledged but still un-resolved Constitutional Law issues, including him repeatedly refusing to read the multiple references in the Certificate of Record, and most particularly Magistrate Anderson's specific 'Order' to SAPol Prosecutions (made February 2016) that SAPol contact lawyer Ralph Bonig to sort it out;
2) the failure of SAPol (police) to 'Charge' me or even to Summons me to Court (February 2015);
3) the definition of the vastly vague legislation that I've been 'Convicted' of;
4) his own 'Orders' of 19th July 2017 where-in he directs SAPol to notify me about the open-ended Medical Absence of SAPol's Lead Investigator and head-witness Caroline Gardner, and how this then related to her unexpected re-appearance in Court November 2017, and;
5) his 'Order' to himself (also 19th July 2017) to review and notify me about my multiple requests for transcripts of all 30+ hearings.
Then on 28th February 2018 he flatly refused to discuss my questions about the changes to the ICAC Act 2012 via the ICAC Miscellaneous Amendment Act 2014, as put through SA Parliament by Labor's Attorney General John Rau, and reportedly at the specific request of My Bestie And Also In His Spare Time ICAC Commissioner Bruce Lander, etc...refused, that is, until my questions were reported in The Border Watch the next day, 1st March 2018, and then shazzam! suddenly I get emailed an 'Addendum' that blames me for not explaining these changes to him properly, but now openly acknowledges these ICAC Act changes and how that affects my case, before dismissing all that as 'irrelevant'...(and 3 days later another Addendum-Ed)...indeed, on 5th March 2018, 'Addendum II, Son of Addendum'...(what's next, 'A3: Revenge of the Addenda'?-Ed)...careful what you wish for champ...
On multiple occasions SAPol Prosecutions have failed and/or deliberately refused to follow specific Court Orders, starting with that 'Order' by Her Honour, they have lied, they're 'Charge Sheet' is an embarrassing joke, they didn't 'Charge' or Summons me to Court, etc, etc, and they have been emboldened and supported by Magistrate White's refusal to address any of these 'behaviours'...now, after the farce of the 'Verdict Hearing' of 28th February 2018, and the subsequent re-farce of the 'Sentencing Hearing' of 9th March 2018, we are headed to yet another 'Hearing' regarding this ludicrous 'document' below, as provided by SAPol Prosecutions...to quickly re-iterate...
At 0915hrs on 9th March 2018 I attended Mt Gambier Courthouse as 'Ordered' (28th Feb), for the 0930hrs Videolink with Magistrate White in Elizabeth (Adelaide), and he finally appeared at 0945hrs, with SAPol Prosecution's Batten standing right in front of him...we discussed the impending (and maximum) $540,000 of fines and Magistrate White didn't reduce that amount but instead changed it to the maximum 300hrs of Community Service...as I understand it, that leaves the farcical $540,000 still relevant as the 'precedent sentence' for this alleged crime of 'talking about stuff'...then after pretending to do me that favour, which still wasn't officially ratified and I've received nothing from the Court about Community Service, etc, then Magistrate White led SAPol's Batten in a li'l chat amongst themselves about 'interventions' and/or 'suppressions'...
Those 15 minutes that we all here in Mt Gambier were waiting for his grace and her lady-ship to bestow us with the bountiful gifts of their actual presence, they'd obviously been in Elizabeth discussing these 'interventions' and/or 'suppressions' and how they were going to try and slide those rank corruptions into my "bizarre trial" at the last moment...(but this has always been coming, this is entirely what this rankly corrupt Political Persecution, this "Malicious Prosecution" is all about, attacking you/me/us and this 'ere blog and trying to shut you/us/it all down-Ed)...absolutely, but this is first actual mention of any such 'Interventions/Suppressions' in Court, going into the third 'hearing' in this "bizarre" extended Verdict process, itself now more than 4 months after the "bizarre trial" of Nov 2017, etc....
Just like an old married couple, Magistrate White And SAPol's Batten were finishing each others' sentences, but from what I could hear, he raised the issue of a 'Banning/Restraining Order' to stop me attending Mt Gambier City Council meetings, and he was definitely the one who stated "...and of course an Order suppressing the blog in it's entirety."...crass collusion between Magistrate and SAPol, and so brazenly corrupt that they're not even pretending anymore...Magistrate White asked what SAPol had ready, and they then discussed something about 'Form 12', I think, and than a 'Form 19', and SAPol's Batten said something about 'is it alright on a blank page, not the form?'...I didn't clearly hear, but assumed this 'blank page' wasn't appropriate because at that point Magistrate White called yet another adjournment and gave her until the next Friday, 16th March to produce her 'submission', further 'Ordering' that I pick it up from Mt Gambier Courthouse after 1300hrs...then he hung-up on me again...as it turns-out, as evidenced below, apparently SAPol had nothing written down at all...
SAPol Prosecutions had come into Court arguing for 'Intervention and/or 'Suppression Orders', but supposedly/apparently had not even written it down, and that discussion was referring to what they'd eventually submit, the ludicrous 1-page farce below...given the further adjournment, I assumed that I would be collecting reams of 'case law' and submissions, etc, as has happened before, piles of irrelevant documents but no actual answers, but this here is what awaited after a whole week, a farcical pseudo-document, and clearly with Magistrate White's consent...
This is self-evidently a legal 'joke' in that it;
1) is not on any of the identified forms;
2) tries to ban me from using 'social media', eg, 'blogging';
3) tries to ban me from attending public places, eg, the ABC, Council meetings, etc;
4) includes no justification or reasoning as to why I need to be banned from various places, and;
5) includes the ludicrous 'Order' that I "must not...allow...another person to do anything forbidden by this order."
...(hang on, "not allow another person", that doesn't even make sense, that's saying that you have to 'police' the actions of everyone else, quite literally everyone, to make sure they don't go near Stansfield and/or Perryman, or where they work, and/or write stuff about them, etc-Ed)...indeed Ed, it's an absolute nonsense masquerading as a legal farce...
Whoever actually drafted this has deliberately tried to hide the bit about 'banning me from attending Council meetings', by including that under 'not allowed near Perryman in his Public Officer Duties'...(well that's at least 3 MGCC meetings per year you won't be allowed to attend-Ed)...is that a hilarious gouge at MGCC and Stevo, mate, about his show-up when he feels like it attitude to meetings, attending less than half in recent years?..(indeed, and I'll further hilaritise by observing, what about all the times he rocks-up 10/15/30 minutes late and/or leaves early? you supposed to suddenly bolt from the building or loiter in the carpark for 45 minutes because then he's definitely not showing-up, or wait until he leaves? or if you lob at some function, any public function, and he's there you gotta' leave again, or even if he's not there his dodgy MGCC mates can call him up and say 'Nick's here, come down so he has to leave'...it's absolutely ludicrous-Ed)...well precisely Ed, it's a farcical nonsense, just like the rest of it...
I've been backward and forward through both ICAC legislation and SA Magistrates Court stuff and I cannot find 'Section 19A CLSA APPLICATION on Penalty'...(ooo, here t'is I think-Ed)...ooo, ok, that refers to it maybe, ummm, look, I'm just gunna' paste-across what I found, here t'is...
Intervention and Restraining Orders
Section 19A of the Criminal Law (Sentencing) Act 1988 (SA) empowers a court to make an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) or restraining order under the Criminal Procedure Act 1921 (SA) after finding a person guilty of an offence or upon sentencing [see s 19A(1)]. The section allows for the orders to be made against a defendant as if an application was made under these Acts against the defendant [see Intervention Orders (Prevention of Abuse) Act 2009 ss 6, 7, 12 and Criminal Procedure Act 1921(SA) s 99AA and 99AAC]. An order made under s 19A of the Criminal Law (Sentencing) Adct 1988 (SA) has effect as an intervention or restraining order [see s 19A(2)(a)]. An order under s 19A is not a sentence [see s 19A(2)(b)].- intervention order
- An order made by police or on application to the
Court ex parte regulating a defendant's behaviour towards a protected
person. The initial order is interim, followed at a later date by a
hearing at which the defendant may make submission and the Court varies,
confirms or discharges the order. A determination hearing is then held
at which time the Court may vary, confirm or discharge the order.
Intervention orders may be sought to prevent either domestic or
non-domestic abuse.
- restraining order
- An order under section 99A or 99AAC of the Summary Procedure Act 1921 restraining a defendant in his or her behaviour in relation to children generally or to a child or children in particular.
Self-evidently, this one-page nonsense does not identify who is making these 'Applications', and/or for what reasons...what exactly are the grounds for these 'Suppression/Intervention Orders'? where's the 'Application' to bar me from attending Mt Gambier City Council meetings that Magistrate White mentioned on 9th March 2018? and most importantly what about his statements about "suppressing the blog in it's entirety"...(well you've spotted that 'Council Ban' in the Perryman stuff-Ed)...ah yeah...(but I can't help you with the other stuff, sorry-Ed)...indeed, just another clumsy attempt to deny me any chance to address that stuff, and therefore further undermine me and my 'Right to a Fair Trial'...
Nor is there any documentation provided as per Magistrate White's extraordinary extended 'Contempt of Court' threats and associated attempted cross-examination of 9th March 2018, yet another denial of information with a direct view to undermine and disadvantage me...
I remind availees that I currently have official complaints still pending resolution, about the multiple acts of direct physical intimidation and threats and harassment and abuse that I have been subjected to by numerous members of the rankly corrupt Mt Gambier City Council, including Stevo's repeated and pathetic efforts at the MGCC 2013/14 Budget Consultations at the library, and including the September 2017 Ambush by Cr Morello, Cr Lovett, Manager Serle, and my mate CEO Mark McShane...(doesn't it also include McShane's li'l stunt at gym only weeks before?-Ed)...yeah, and that, all that's still unresolved and here we have these same clowns trying to ban me from attending things where they harass and attack and abuse me...shreckin' hilarious...
Tomorrow: The Renewables Stuff
Feedback:...cheers for this, and I haven't checked them out my self yet, but if y'all need a good laugh, have a look at the photos on Growing Up In The Mount webpage thingy, where-in someone's posted several photos of the Mount Gambier Rail Lands under water, Saturday 14th April 2018, and not just the grassy-end apparently, whole swathes of paved bits, etc...if it weren't another disastrous waste of Ratepayer's hard-earned, the Rail Lands would just be a bad joke...
FOMCL:...to hear Member for Mt Gambier Troy Bell expressing his opposition to Council Rate-Capping...(sweet baby cheeses, has he rolled-over or what?-Ed)...absolutely, and no better example than his rapid self-correction when he was describing the powers of the Local Government Minister, who apparently has the authority to 'sack whole Councils'...(but Minister Geoff Brock sent you back to MGCC CEO Mark McShane with your official complaints about MGCC's outrageous conduct, eg, the September 2017 Ambush, Extended Harassment, Abuse and Threats by Cr Frank Morello, Manager Nick Serle, Cr Mark Lovett, and CEO Mark McShane; and McShane harassing you at gym, etc-Ed)...indeed he did Ed, sent my complaints about McShane back to McShane, and 6 months later I'm still waiting for McShane to respond about McShane's reprehensible actions...but we digress, albeit whilst not holding our breath...
Troy Bell stated that 'there are a couple of rogue Councils"...(aha! meaning the rancidly corrupt Mt Gambier City Council?-Ed)...well he obviously thought so himself, because he immediately qualified that with "errr, a couple of rogue Metropolitan Councils"...(ahahahaha-Ed)...well exactly, realised he'd just dropped his dodgy mates at MGCC right in it, and then furiously back-peddled away from that because he knew that people would immediately make that exact association...(hilarious, by quantifying that 'rogue Councils' statement with 'metropolitan Councils' he only managed to further focus that statement on MGCC, no wonder you nearly Fell Off Your (My) Chair Laughing-Ed)...well I'm sure no-one noticed his little faux-pa...
I am Nick Fletcher and this is my blog...cheers and laters...
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