Howdy y'all and welcome to a rather long post, or rather, a series of posts that are my letter of 19th April 2018 to South Australia's Chief Magistrate, plus the various documents and articles attached to that...this post is quite long because it's a 7-page letter, and I'll add the documents after that...cheers, Nick...***
Chief Magistrate Her
Honour Mary-Louise Hribal
c/- Adelaide
Magistrates Court
Re: MCMTG-15-72 SAPol
v Fletcher
I refer to my previous
recent letters to you (November/December 2017) regarding the conduct
of Magistrate Ian White, and his openly definable Bias against me in
my “bizarre trial”* for the supposed crime of 'blogging' about an
alleged Independent Commission Against Corruption investigation.
(*as reported in The Border Watch newspaper, copy attached)
As you are already
aware, Magistrate White's extraordinary behaviours have advanced well
beyond mere 'Bias' and into outright Corruption, including definable
collusion with SAPol Prosecutions, eg, repeatedly allowing SAPol to
table multiple previously unseen documents, and/or change presented
'Charges', that were even then still incorrectly presented. As you
know, he has repeatedly allowed SAPol Prosecutions and/or their SAPol
witnesses to lie in Court without any repercussions, even when I have
caught them and specifically identified these lies in real time right
in front of him.
As previously stated,
Magistrate White has repeatedly abused me from the Bench, including
threatening 'Contempt of Court' every time I try to hold him to
account for his lies and collusions, for him leading SAPol's
witnesses, or him refusing to read and/or comply with his own
'Orders', etc. He has threatened me so many times I have lost count,
but it is evidenced in media reportage as attached.
These reports show that
he was threatening me in February 2017 and is still threatening me in
March 2018, and his latest extended 'Contempt of Court' threat
(Friday 9th March 2018) included a bizarre attempt to get
me to confess to some unseen and unidentified statements that
'someone' had apparently 'shown him from the blog', and stating 'I
assume it was you who put it on there'. Without identifying
specifically what was said or where I had supposedly 'blogged it' or
who had 'shown it to him', etc, he straight-out asked me “...did
you put that on there?”. It was a ridiculous exchange and I refused
to answer.
He concluded this
latest 'Contempt of Court' threat by saying that he will 'consider
this' and make a decision about it at a later date. Having made that
open-ended threat, again, he has failed to provide me any
evidence/copies of these supposed 'Contempts', therefore deliberately
denying me any opportunity to address them. This is yet another
deliberate corruption of process, backed as it is with yet further
threats.
As you know from my
previous letters, when I was ill during the November 2017 hearing
dates, he subpoened my doctor and forced her to discuss my personal
Medical Records, in open Court, as was then reported across the
district in the local media. He then dismissed my Medical
Certificate, made statements about how 'unusual it is to continue in
such circumstances', before then proceeding and concluding my
“bizarre trial” in my absence.
Furthermore, on Monday
27th November 2017 Magistrate White made the extraordinary
statement that he intended to 'conclude this trial this week', but
then late the next day, Tuesday 28th November 2017, he
conceded that the 'Trial' had a long way to go and was 'likely to
continue beyond the week'. Despite this he continued and concluded
in my absence.
As you are aware, there
have been over 30 adjournments in my 3 year-long 'Trial' and that
every single one is due to SAPol Prosecution's incompetence,
especially the multiple errors evident in SAPol's erroneous 'Charge
Sheet', errors which forced Magistrate Anderson to call yet another
adjournment on Day One of my November 2016 'Trial'. Those errors
remain and I have repeatedly identified them to Magistrate White, but
he has ignored me and/or dismissed them as irrelevant.
Magistrate White
identifies these 30+ SAPol adjournments in his Reasons for Ruling
from November 30th 2017, including noting his own absence
for Medical Reasons in May-July 2017, and the open-ended absence of
SAPol's Lead Investigator/witness (*name removed due to Suppression Orders*), also allegedly
for Medical Reasons. He acknowledges that it's an exceptionally
unusual circumstance to continue, but then compares my case to that
of a man on bail for a violent assault, and continues in my absence
anyway.
Furthermore, this
concession about previous adjournments has not stopped him from
openly, repeatedly abusing me for 'wasting the Court's valuable
time', especially during the November 2017 trial dates when he
repeatedly railed against me, including an extraordinary tirade of
abuse about wasting the time of the ICAC/SAPol witness, stating;
“...they're
Major Crime in the middle of investigating two murders...”
Magistrate White was
half-out of his chair, semi-ranting at me whilst pointing at the
ICAC/SAPol witness, whom was herself literally slack-jawed, staring
wide-eyed at me in shock and disbelief. It is an outrageous and
egregious abuse of a defendant by a Magistrate clearly acting in a
biased and unbalanced fashion.
By proceeding and
concluding in my absence, Magistrate White has deliberately denied
me;
concluding my
cross examination of the already proven liar SAPol's (*name removed);
any chance to
cross examine the already proven liar (*name removed) (ABC SE
Radio);
presenting my
answers to SAPol Prosecution's questioning;
presenting any
defense witnesses;
presenting any
defense what-so-ever;
presenting any
closing argument;
a 'Fair Trial'.
I have been denied
presenting my main defense witness, who provided the Court with a
written Affidavit/submission back in early 2016, and has been ready
to go to 'Trial' first in August 2016, then November 2016, then March
2017, and then again in November 2017, but has been denied the
opportunity.
As you are aware, I
have proven in my “bizarre trial” that ICAC Comm Bruce Lander is
the original complainant against me (January/February 2014), and that
he has acted unilaterally in personally referring me directly to
SAPol's Anti-Corruption Branch. However, in response to my
letters/complaints about Magistrate White's outrageous conduct you
sent me back to Bruce Lander in one of his many other roles, as the
Judicial Conduct Commissioner. This response is disingenuous,
facetious and almost mocking. Why send me back to the corrupt public
official personally responsible for instigating this “bizarre
trial”, this Political Persecution, this travesty of justice, this
“Malicious Prosecution”?
Since my last letter to
you, Magistrate White's wildly inconsistent behaviours have
deteriorated even further. Any sense of Legal Propriety, appropriate
Judicial Conduct, and Defendant's Rights to a Fair Trial, etc, have
been completely abandoned as he has pursued his clearly defined
desire to 'Convict' me regardless of and despite what has occurred in
Court.
Having denied me a
'Fair Trial', on February 28th 2018 Magistrate White then
delivered his provably lie-riddled* 'Judgement' in the most grossly
unprofessional circumstances. (*eg, he refers to SAPol ACB's (*name removed)
as a “reliable witness”, a clearly provable lie about a proven
liar). Having 'Ordered' that I attend Mt Gambier Courthouse at
0930hrs, Magistrate White finally appeared via Videolink from
Elizabeth Courthouse at 1000hrs.
After one of South
Australia's most important and precedent 'Trials' of recent times, a
'Trial' setting the precedent for further prosecution of the most
extraordinarily vague but omnipotently powerful ICAC Act 2012,
Section 56, Magistrate White did not even come to Mt Gambier to
deliver his 'Verdict', and then showed-up 30 minutes late, said
'you're guilty', without any explanation and without reading the
'Verdict' onto the record.
There has been more
than 3 years of trials/hearings, involving more than 30 'adjournment
hearings' and 11 days of actual 'Trial', spread across 3 different
'Trials' after the bizarre collapse of my original 3 day 'Trial' in
November 2016, where-in I clearly proved “Malicious Prosecution”
to Magistrate Anderson causing Her Honour to recuse herself at the
start of proceedings on Day Two, etc. Then, after his own “bizarre
trial” proceedings, Magistrate White delivers his grossly distorted
'Verdict' via video-link from Elizabeth, and does not even read that
'Judgement' onto the record.
As you are aware,
“Malicious Prosecution” is the term that Her Honour used in Court
on 11th October 2016, when making the 'Order' that I prove
at trial my repeated allegations that this proceedings was a
Political Persecution. I cannot specifically prove this because
Magistrate White has repeatedly refused my requests for those
transcripts and/or recordings, but you have access to the
transcripts/recordings, and the two 'special hearings' of 8th
February and 8th March 2017 are self-evidently about
“Malicious Prosecution”.
I have received no
explanation what-so-ever as to why my 'Trial' then just continued
anyway on 24th November 2016 with Magistrate White, the
third Magistrate in my 'Trial', who then moved my ”Malicious
Prosecution” to it's own 'hearing' 8th February 2017,
wherein he refused me presenting or even verbally addressing any of
the 100 documents I had spent weeks carefully collating. On 8th
March he then dismissed the “Malicious Prosecution”, carefully
picking tiny fragments of my documentation to try and set me up for
'Defamation', and then making the outrageous statement that 'there is
no proof of the St Martins Lutheran School Child Abuse Cover-up'.
And here-in lies the
fundamental motivation for this rankly corrupt “Malicious
Prosecution” by SAPol, at the direct behest of Bruce Lander, and as
being conducted by Magistrate White. I am being punished/persecuted
for 'blogging' about the realities of the St Martins Lutheran School
Child Abuse Cover-up, as well as 'blogging' about multiple other
gross criminal corruptions in my local Mt Gambier City Council,
SAPol, State Parliament, etc.
This “bizarre trial”
is motivated by a desire to shut-down my blog, The Mount Gambier
Independent, in a context where I cannot be sued for 'Defamation'
because what I 'blog' is factually correct. Furthermore, this
“Malicious Prosecution” is an attempt by the State government to
gain absolute control over 'Social Media'. It is also a direct and
deliberate threat to anyone like Public Servants, 'bloggers', etc who
might consider speaking-out about corruption, etc.
On 28th
February 2018, SAPol Prosecution's Batten was not in either Court,
but was somewhere un-identified to me, calling-in via phone. On the
right half of my screen was a man sitting with his arms crossed, and
on the left was a long-shot of Magistrate White and his Courtroom,
and he started to speak but I interrupted and identified this man,
whom I stated appeared to be on Videolink from the Mt Gambier Gaol.
Magistrate White could
clearly also see this person because he then referred to this man,
'the gentleman with his arms crossed, please remain silent', and
there was more time wasted whilst the Videolink was sorted-out. I do
not know why Magistrate White continued if he could see this other
person, but that man was for Magistrate Anderson's list, because we
were now well into Her Honour's time, which Magistrate White
repeatedly referenced in delivering his 'Verdict'.
Magistrate White
repeatedly used this excuse, 'we are cutting into Magistrate
Anderson's Court List time', to deliver his 'Verdict' without any
explanation, whilst refusing to answer my specific questions about
how I had been prosecuted under the ICAC Miscellaneous Amendment Act
November 27th 2014, legislation changed after I was
allegedly 'reported' and raided on 8th May 2014.
I raised this ICAC MMA
2014 with Magistrate White in my Final Submission of 21st
February 2018, copy attached, and then again with the journalists
waiting in Court with me for that 30mins on 28th February
2018, and then again directly to him when he finally showed-up. He
refused to discuss it, saying 'my reasons are in the verdict', whilst
repeatedly referring to how we were interfering with Her Honour's
List, then he 'adjourned for sentencing', and hung-up on me, again.
After finding me guilty
on all 18 counts, Magistrate White then identified that it was a
potential maximum fine of $30,000 per count, which I immediately
pointed out to him totalled $540,000. He did not question or dispute
this, and when he hung up on me, that was the figure still being
discussed, as reported in The Border Watch (attached).
In his 'Verdict'
Magistrate White avoids this issue of the legislation being changed,
then deliberately lies about the definition of 'To Publish'. The
documented chronology of events proves that my lawyer wrote to ICAC
Comm Bruce Lander on 2nd July 2014, asking that specific
question about defining 'To Publish', and after Lander's dismissive
response (14th July), wrote again on 18th July
2018. It is fact that Lander and Attorney General John Rau then
changed the ICAC Act via the ICAC MAA 2014 27th November
2014, where-in a 'To Publish' definition is specifically identified
and included. All of this is on the Hansard and on ICAC's own
website.
I have proven beyond
any doubt, reasonable or otherwise, that when Bruce Lander
unilaterally sent SAPol Anti-Corruption Branch after me
(January-February 2014), and they repeatedly tried to interview me
without representation present, then raided my home and 'seized as
evidence' my laptop (7th-8th May 2014), the
supposed 'Crime' that I have been 'Convicted' of, was not a crime. I
have proven this.
In Court and in
writing, I have proved to Magistrate White that;
Bruce Lander and
John Rau changed the ICAC Act 2012, in a manner specifically
designed to allow prosecuting me, adding a specific definition of
'To Publish';
therefore when I
was 'reported' and raided the supposed 'Crime' of which I have been
subsequently 'Convicted', was not a 'Crime'.
Magistrate White flatly
refused to address this issue, even when I raised it with him during
the “bizarre” Verdict Hearing, and it was not until he was
exposed in the local media the next day, 1st March 2018,
copy attached, that he suddenly emailed me his “bizarre” Addendum
Friday 2nd March 2018, and then an even more “bizarre”
version of that, Addendum 2, on Monday 5th March, and then
a full 'Updated Judgement + Addendum 2' emailed to me 6th
March.
In his “bizarre”
Addenda, Magistrate White attempts to address my statements/questions
about the ICAC MMA 2014, but first blames me for not properly
explaining this to him. Not only is blaming me extraordinary conduct
from Magistrate White, it is a provable lie, and you have that proof
already, in my Submission 21st February 2018. It is
further a proven lie because when I raised it with him in Court 28th
February 2018, he refused to answer me, as reported in The Border
Watch.
In Addendum 2, he
openly acknowledges that the ICAC Act was changed and that I am
correct that I was prosecuted under the wrong definition of 'To
Publish', but then produces his own deliberately anonymous version of
'Publish', which appears to be his version of the definition
associated with 'Defamation Law'. He clearly does not want to
identify where this 'version' originates, and even goes further by
providing a dictionary definition. None of this is legally
appropriate and is covered at length in my lawyer's letters from
2014, as attached.
Magistrate White has
acted with a perpetual and definable Bias against me, a Bias that has
involved deliberate misrepresentation of witnesses' conduct and/or
evidence, repeatedly just ignoring me and/or threatening me, and
gross distortion of 'Appropriate Court Process', all to a degree that
define his conduct as not just Bias but as outright Corruption.
His deliberately
incompetent conduct is self-evident in his refusals/failures to
resolve the five most fundamental issues;
to address the
repeatedly officially acknowledged Constitutional Law issues
involved, up to and including refusing my multiple entreaties to
pick-up his own Certificate of Record and read/acknowledge where
Magistrate Anderson 'Ordered' SAPol Prosecutions to sort it all out
(Feb 16) so that all State's Attorneys-General could be notified;
to define the
undefinable ICAC Act 2012 Section 56, meaning I have been prosecuted
under non-defined legislation;
to explain why I
was not 'Charged' or 'Summonsed' by SAPol;
to address the
gross multiple faults that Magistrate Anderson identified with
SAPol's 'Charge Sheet', and now;
the ICAC Act MAA
2014 changes, and the 'Non-Crime' I have been 'Convicted' of.
He/SAPol have also
failed to even prove the basic facts of who put what on the blog. I
note that SAPol still have my laptop and therefore direct access to
the blog's 'control panel' , and can make changes to any aspect of
the blog through my account, without my knowledge. I note that
several recent posts have completely disappeared from the blog, but I
have received no relevant notifications from Google, and when I have
re-posted my saved copies, those re-posts remain.
When I have 'blogged'
about these disappearances and my belief that it is SAPol using my
laptop, I have suddenly received threatening letters from lawyer Bill
DeGaris, supposedly taking responsibility for these 'removals', but
refusing to meet me or provide evidence that they are responsible.
On March 9th
2018 I again attended Mt Gambier Courthouse at 0915hrs, for 0930hrs,
and Magistrate White again appeared via video-link from Elizabeth,
this time at 0945hrs, 15 minutes late, and with SAPol Pros Batten
standing right in front of him.
After reaffirming the
$540,000 potential maximum fine, Magistrate White did not reduce the
fines to a more manageable or reasonable level, instead citing my
personal financial situation as reason to commute that fine to the
maximum allowable 300hrs of Community Service. I understand that this
means the precedent $30,000 per 'Count' maximum remains as being
legally ratified.
Then Magistrate White
and SAPol's Batten engaged in a 'chat' about potential Suppression
and/or Intervention and/or Restraining Orders. They had clearly been
discussing these potential Orders in the 15 minutes the Mt Gambier
Court had been waiting for them, with Magistrate White repeatedly
finishing Batten's sentences and leading her into the next. He
specifically raised the issue of “suppressing the blog in it's
entirety”.
I did not pick up much
of what they were saying, because they were discussing among
themselves and not talking to me, but I clearly heard a 'Form 12'
mentioned and then a 'Form 19'. When Magistrate White asked SAPol's
Batten what she had written down and/or prepared, Batten replied 'is
it ok if it's on a blank page?' I did not catch the response, but
assumed this was not appropriate because Magistrate White then
adjourned again, giving Batten until Friday 16th March to
provide me details of these 'interventions', before setting a new
'Hearing' date for Friday 20th April.
After more than 30
SAPol adjournments prior to the November 2017 'Trial' dates, and then
over-riding my Medical Certificate and concluding proceedings in my
absence, Magistrate White then gives SAPol yet a further adjournment
because yet again they have not done their paperwork.
I was assuming that
Magistrate White 'Ordered' me to collect those details from Mt
Gambier Court House because, as has happened in the past, I was
expecting reams of irrelevant documentation, case law, etc. Instead,
SAPol Prosecutions have provided a one-page, single-sided statement
(attached), bereft of any official seals, identifiers, names or
letterheads. Given the 'discussion' (9th March) Magistrate
White clearly knew that he was 'Ordering' me to pick up a single page
document, something which could easily have been e-mailed to me. I
consider this an an act of deliberate annoyance.
Furthermore, this
one-page document provides no reasoning as to why any of these people
need to be 'protected' from me, be it physically or otherwise. It
also does not specifically identify Magistrate White's statements
about 'banning me from Council meetings', instead trying to hide this
directive in the '(*name removed) Application', wherein it mentions
Orders relating to his “role as a Councillor”.
This document also does
not identify Magistrate White's statement about “suppressing the
blog in it's entirety”, which was being discussed as an application
by SAPol. Why is that SAPol application not even mentioned? This has
been done deliberately to deny me appropriate opportunity to address
these extraordinary issues.
Beyond that, the
'applications' are self-evidently nonsensical, specifically directing
me to police the 'Intervention Orders':
“The defendant must
not... allow... another person to do anything forbidden by this
order.”
This clearly directs me
to stop literally anyone from 'going near and/or phoning, writing to,
emailing, direct messaging', etc, (*name removed) or (*name removed). The '(*name removed) Application' is similarly ridiculous,
'Ordering' that I monitor “the internet” and “any other means”
to ensure that “another person” does not “publish material”.
Magistrate White has
clearly been in communication with and/or receiving directions/orders
from other persons outside of and even during my “bizarre trial”,
is irrefutably acting in collusion with SAPol Prosecutions, and is
definably operating as part of the “Malicious Prosecution” that I
proved in Court in November 2016. His conduct is definably corrupt.
At this time, I am
deeply concerned as to how Magistrate White's increasingly erratic
and openly hostile behaviour will manifest itself next; as previously
identified, he has indicated he is going to try and suppress social
media, issue multiple 'Intervention/Restraining Orders', and has
perpetually threatened me with 'Contempt of Court'.
Please note that 6
months ago I lodged official complaints about several members of the
Mt Gambier City Council and their constantly abusive and harassing
conduct toward me personally and on Social Media, and this included
the multiple 'incidents' instigated by (*name removed). Both Minister
Brock and the Local Government Association 'referred' my complaints
back to MGCC CEO Mark McShane, despite the fact that he is directly
identified for his harassment and threats, and I am still waiting for
any response from him.
I have attempted to
lodge an Appeal, but have been informed that despite the two 'Verdict
hearings', there is still nothing officially ratified on my Court
record, and because my 'Trial' is therefore still technically
ongoing, I cannot Appeal.
Given Magistrate
White's refusals to provide me critical recordings/transcripts, and
they are obviously critical for my impending Appeal, I officially
request that you immediately provide me all of those recordings from
every 'hearing', commencing February 2015.
I further note that on
3rd June 2015 Liberal Rob Lucas stated in Parliament his
concerns that the Weatherill Labor government was using ICAC to
attack Public Servants (copy attached). This is exactly what is being
done to me, I am being persecuted for speaking-out about
Institutionalised Corruption, in what is the text-book definition of
Fascism, ie, a Government using the Courts to attack citizens.
Given that Magistrate
White is clearly not a fit and proper person to be in conduct of my
'Trial', I re-iterate my request that you intervene immediately,
pending a full judicial inquiry that is entirely independent of Comm.
Lander, the original complainant against me.
Yours, Nick Fletcher
***...so there you go...I'll sort-out those documents and post them this arvo', along with the one-paragraph response yet again sending me back to Bruce Lander...ludicrous...apart from that, please excuse me, but I'm coming to terms with just how exhausted I am after so many years of the St Martins Lutheran School Child Abuse Cover-up and this subsequent, directly related Political Persecution...after the bumbling shenanigans of lodging my 'Appeal Process' last week, I've all-but stopped for a week, I simply have no energy left for this shizzle...still gunna' blog, etc, but it's just stupid of me to try and stoically fight this fatigue, it's an unwinnable battle...
I am Nick Fletcher and this is my blog, cheers and laters...
