More Court Stuff - Letter To Chief Magistrate 19th April 2018

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 9^th 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 27^th November 2017 Magistrate White made the extraordinary statement that he intended to 'conclude this trial this week', but then late the next day, Tuesday 28^th 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 30^th 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;

1. concluding my cross examination of the already proven liar SAPol's (*name removed);
2. any chance to cross examine the already proven liar (*name removed) (ABC SE Radio);
3. presenting my answers to SAPol Prosecution's questioning;
4. presenting any defense witnesses;
5. presenting any defense what-so-ever;
6. presenting any closing argument;
7. 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 28^th 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 11^th 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 8^th February and 8^th 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 24^th November 2016 with Magistrate White, the third Magistrate in my 'Trial', who then moved my ”Malicious Prosecution” to it's own 'hearing' 8^th February 2017, wherein he refused me presenting or even verbally addressing any of the 100 documents I had spent weeks carefully collating. On 8^th 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 28^th 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 27^th 2014, legislation changed after I was allegedly 'reported' and raided on 8^th May 2014.

I raised this ICAC MMA 2014 with Magistrate White in my Final Submission of 21^st February 2018, copy attached, and then again with the journalists waiting in Court with me for that 30mins on 28^th 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 2^nd July 2014, asking that specific question about defining 'To Publish', and after Lander's dismissive response (14^th July), wrote again on 18^th July 2018. It is fact that Lander and Attorney General John Rau then changed the ICAC Act via the ICAC MAA 2014 27^th 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 (7^th-8^th 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;

1. 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';
2. 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, 1^st March 2018, copy attached, that he suddenly emailed me his “bizarre” Addendum Friday 2^nd March 2018, and then an even more “bizarre” version of that, Addendum 2, on Monday 5^th March, and then a full 'Updated Judgement + Addendum 2' emailed to me 6^th 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 21^st February 2018. It is further a proven lie because when I raised it with him in Court 28^th 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;

1. 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;
2. to define the undefinable ICAC Act 2012 Section 56, meaning I have been prosecuted under non-defined legislation;
3. to explain why I was not 'Charged' or 'Summonsed' by SAPol;
4. to address the gross multiple faults that Magistrate Anderson identified with SAPol's 'Charge Sheet', and now;
5. 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 9^th 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 16^th March to provide me details of these 'interventions', before setting a new 'Hearing' date for Friday 20^th 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' (9^th 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 3^rd 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...