Tuesday, June 12, 2018

Sixteen Years Of The St Martins Lutheran School Child Abuse Cover-up

Howdy y'all and welcome to a very subdued and even tired post, from a very tired ol' blogger...(mate?! tired?! I'm gunna' paraphrase a few availees and various randoms from the street, and say, 'how do you even function? at any level? let alone be vaguely coherent? let alone find genuine humour in life still? let alone then present that humour in balance with the many unpleasantness's what you done blog about?' and various other questions/statements to that effect-Ed)...indeed, and regular availees will be familiar with the June long weekend as being the deeply traumatic anniversary of the 'removal' of "text-book grooming paedophile" teacher Glyn Dorling from St Martins Lutheran School...(and hence the commencement of the St Martins Lutheran School Child Abuse Cover-up-Ed)...well yes and no...

Technically, the Glyn Dorling/St Martins Cover-up was already well underway by June 2002, because the Lutherans were already 'protecting' him, for several years already, literally since they moved him to Mt Gambier (1998?) following "an incident" back in his former employ in a Lutheran school in Adelaide...(so, with the benefit of hindsight, the Glyn Dorling/St Martins Cover-up started even before his first week at St Martins, it started when he was moved?-Ed)...exactly, and continued first week at St Martins...(a first week that resulted in several complaints?-Ed)...correct, and how do we know about those complaints?...(because the then Principal John Alexander told parents?-Ed)...correct again, whilst waving-about a thick folder of alleged complaints about Dorling...

And it's one thing to welcome any anniversary as a celebration of whatevs, or a commemoration of whatevs, but this is just another year of the St Martins Lutheran School Child Abuse Cover-up...and dear availees, if you read through this 'ere blog thoroughly, but then cannot make the connection for yourself, then I'm not sure what else it is I can say, and/or how I can say it...(and what is that connection, and to what is it connected?-Ed)...oh, right, yes, pardon, that the St Martins Lutheran School Child Abuse Cover-up is the direct and fundamental motivation for the Pro-Paedophile Political Persecution of Nick Fletcher (Nick Fletcher-said often), which has manifested itself as a "Malicious Prosecution" (Magistrate Anderson-October 2016), via a massively corrupted "bizarre trial" (The Border Watch-4th March 2018), a trial that is-and-of-itself an instrument of the "Malicious Prosecution"...(yay-Ed)...

So, anyhoos, I'm thoroughly knackered and did none of what I said I would do in this 'ere letter/email attached below...I had intended to do exactly that, spend my entire long weekend grinding through the vastly corrupt nature of the entire "bizarre trial" process, but I am exhausted and entirely without energy for this shizzle...so here's what I wrote to the Courts Administration Authority, and their response...I've chosen to remove the name of the person I'm corresponding with...

(**name removed**)                                                                               6th June 2018
Courts Administration Authority

Appeal Process re: MCMTG-15-72
Conviction - ICAC Act Section 56

Dear ********,

I refer to our previous correspondence about my Appeal Process re my 'conviction' for alleged breaches of the ICAC Act 2012/14, MCMTG-15-72.

As you are aware, I lodged my Appeal Application on 26th April 2018, on the exact forms and in the exact manner I was advised over the phone by both the Courts Administration Authority and/or the Legal Services Commission, and that it took me two days of phone calls, accessing those forms via the library, then going to the Mt Gambier Courthouse only to be told I could not lodge my Appeal here because there is no Supreme Court Registry here, etc.

As you know, after being turned away from the Courthouse, I re-contacted and was further advised by the CAA and/or LSC that it was appropriate for me to submit my forms by email. Also, I was told there was no Lodgement Fee, but was then immediately called-back by the CAA to tell me 'sorry, there is a fee, but you can still email the forms, just post the cheque and your Appeal Application will be processed as soon as we receive it'.

It was you whom then contacted me to say that I had used the wrong forms and that I could not submit my Appeal Application via email because these are formal legal documents requiring an original signature, etc, and that they must be mailed.

I apologise for the delay in responding to your latest email of 16th May 2018 but I have been extremely unwell and, as you are aware, have been denied Legal Aid funding and therefore have no access to any legal support or even advice, I am trying to do this by myself. As stated, my last attempt to gain appropriate advice via the CAA and/or LSC proved mildly disastrous, leading to our current correspondence.

Unfortunately, it is not possible to return to the South East Community Legal Service, because they have not had anything specifically to do with my “bizarre trial” (The Border Watch 4th March 2018) since mid-2015, and the particular lawyer who was extremely helpful in 2015 and handled the Constitutional Law issues and wrote to ICAC Comm Lander, etc, now lives interstate.

Regardless, how is the current one-lawyer Community Legal Service supposed to suddenly correctly advise me on the Constitutional Law issues of a 3 year long “bizarre trial” that is the precedent prosecution of the equally bizarre ICAC Act Section 56, legislation that is not even meant to govern private citizens, nor was ever even defined in Court? I have been doing this for over 4 years and it would take me literally days to try to explain the length and breadth of my extraordinary case to a new lawyer.

Furthermore, I was not present for multiple hearings that involved discussion of the Constitutional Issues and have made many, many requests in Court for those transcripts, and most recently directly to Chief Magistrate Hribal, in writing, but have been effectively refused those transcripts, and therefore I have no way of explaining to anyone what happened in those hearings, and obviously do not know myself.

My Appeal Process will therefore involve continuing my efforts to be allowed the recordings and transcripts, because without them my Appeal Process is critically compromised, as was my entire trial, and to my understanding, for that reason, failure and/or refusal to provide me these transcripts is itself another Grounds for Appeal.

As you and the Court (Magistrate White, Magistrate Anderson, Magistrate Rice) are aware, and as ICAC Comm Bruce Lander and former Attorney-General John Rau and current AG Vicki Chapman, etc, are all aware, there was supposed to be a COAG-style meeting to ascertain whether or not this specific legislation and/or prosecution impinged on Constitutional Law, and that this meeting/ruling must take place before any trial commences.

I know about this meeting because it was explained in Court on 2nd February 2016 by SAPol Prosecution's Ms Diamandi, and I do not understand how the Court and the State's Attorneys-General, particularly South Australia's (then) AG John Rau, have chosen to ignore it, including ignoring my multiple emails.

As all are aware, these Constitutional Law issues have not been resolved but my trial proceeded anyway, and that all of this is proven in the Court's own Certificate of Record, including where my trial was moved to Adelaide for several hearings specifically because of the identified Constitutional Law issues. When it was returned to Mt Gambier on 2nd February 2016, Magistrate Anderson, following Ms Diamandi's explanation, specifically 'Ordered' SAPol Prosecutions to;
“...attempt to see the actual constitutional law issue so the relevant Attorney General's
can be notified.” Certificate of Record - 2nd February 2016

SAPol effectively ignored that 'Order' and the Constitutional Law issues were never resolved, and I therefore find myself currently stuck trying to define an Appeal Process, Grounds for Appeal, etc, in the Precedent Prosecution and therefore Precedent Appeal of undefined ICAC legislation, in appealing the outcome of a “bizarre trial” that legally never should have happened.

I note that Magistrate Anderson used the specific terms “Abuse of Process” and then “Malicious Prosecution” in legally defining my repeated assertions that the entire “bizarre trial” was a Political Persecution motivated by a desire to punish me for 1) doing my blog, The Mount Gambier Independent, and 2) my ongoing attempts to resolve the horrendous St Martins Lutheran School Child Abuse Cover-up.

Again, all of this is covered extensively in the Certificate of Record, recordings and transcripts, and associated Orders, and Reasons for Ruling, etc, of the various hearings involved, eg, Her Honour Anderson suddenly recusing herself mid-trial November 2016, directly in relation to my lengthy “Malicious Prosecution” submission.

You have referred to a '21 Day' time frame for lodging my Appeal Application, and I have done that, on 26th April 2018, only 6 days after Magistrate White finally concluded his extraordinary multiple-hearing Verdict/Judgement process that started on 28th February 2018, convened again briefly 16th March, and finally concluded on Friday 20th April 2018.

As covered above, when lodging my Appeal Application on 26th April 2018 and thus commencing my Appeal Process, I did exactly what I was advised to do by the CAA and/or LSC, and am now having to resolve that situation. My Appeal Application was initially lodged on 26th April 2018.

I am not a lawyer and therefore have no understanding of exactly how I should word my Appeal Application, but I am aware of the issue of not accidentally missing or mistakenly ruling-out a specific Grounds for Appeal, that is, whilst the failure to resolve the Constitutional Law issues are to my understanding immediate and obvious Grounds for Appeal, there are other multiple issues that I believe also constitute Reasonable Grounds.

For example, it is irrefutably the fact that, in direct response to my/SECLS letters, the ICAC Comm Bruce Lander and Attorney-General John Rau changed the ICAC Act 2012, via the ICAC Miscellaneous Amendment Act November 2014, specifically in a way so as to make prosecuting me possible. That is, I was raided and supposedly 'reported' by SAPol Anti-Corruption Branch on 7th/8th May 2014, and never formally 'charged' after that, so what I was 'convicted' of in April 2018 was not yet a 'crime' in May 2014, it was not a 'crime' until November 2014.

I admit that I do not understand the wording of several parts of the correct forms as you have identified and provided, thankyou for that, and there are several other issues as equally extraordinary as ignoring Constitutional Law and changing State Law, and I am very aware of not undermining myself by failing to correctly address all of these issues. Therefore, I will have to go through all this trauma and unpleasantness, again, in specific detail, in what will effectively be an expanded version of this letter.

I will have that statement done by the end of this June long weekend, 12th June 2018, and will submit it as a formal Affidavit attached to the correct forms, correctly posted either that day or the next.

I appreciate your help and again apologise for the brief delay. I also apologise for any inference that the CAA and/or LSC are in any way part of the “Malicious Prosecution”, because I have found CAA/LSC staff, Sherriffs, etc, to be genuinely respectful and helpful, and as inconvenient as it might be, I believe those problems with forms, etc, were genuine and understandable mistakes from strangers to the case trying to advise over the phone, nothing more.

Yours,


Nick Fletcher

***...and I have had a response, which confirms that I did 'lodge a Notice of Appeal', on 26th April 2018, and as described above...***

Dear Mr Fletcher,

Thank you for your email.

I note that your attached letter makes reference to having lodged a Notice of Appeal on 26 April 2018, which was within the 21 days’ time limit.  As mentioned in a reply email from me on 26 April 2018 I indicated that the court requires an original signature document which means the court is unable to accept documents via email.  The Supreme Court has not received an original Notice of Appeal document as yet, nor has it received the filing fee/remission of filing fee application which means there is presently no live appeal.  When you are able to file a Notice of Appeal you will need to complete the section of the form that indicates you seek an extension of time to file.

Please let me know if I can be of further assistance.

Regards 

So there you go, that's what happened to my last week, last week...and whilst this email clearly acknowledges and confirms what I've been saying about my 'Appeal Process' thus far, as in my letter above, it also ignores many of the fundamental issues I've raised, eg, the critical issue of my being refused access to transcripts, particularly for those critical 'Constitutional Law' hearings, several of which were held in Adelaide and conducted in my absence, etc, this issue which fundamentally stymies any attempt to progress my 'Appeal Process'...how am I meant to address issues that I do not have any experience/knowledge of?...(let alone in a context where this is a Precedent Appeal Process of the Precedent Prosecution of the bizarrely undefinable Section 56 of the South Australian ICAC Act 2012/14-Ed)...well indeed, where do I go for an example of what should or shouldn't be included, what's important, etc, etc? it doesn't exist yet because I'm still doing it now...

I completely reject the contention that "there is presently no live appeal."...I have 'Appealled', exactly as I was directed to do, I don't need "an extension of time to file.", and now it's down to trying to negotiate back from that wholly erroneous advice from the CAA and/or LSC, back through forms that, in places, I do not understand the specific legal language of, and in the above context, where there is no Precedent Appeal Process to refer to because I'm it and it's currently happening now!...

Please note, their name is removed because I'm trying to keep balanced, even in a context where I have clearly proven that every aspect of my "bizarre trial" is deeply corrupted and 'Pro-Paedophile' motivated, etc, etc, but for all I know, the person from the CAA is likely just some vaguely decent person just trying to do their job, and they are clearly not responsible for either the St Martins Cover-up or any of the subsequent shenanigans...(what about the threats from the Crown Solicitor?-Ed)...pardon?...(the latest threats from the CSO, claiming to be 'acting for the CAA after they complained to us', that stuff covered in recent posts?-Ed)...ah yes, sure, I don't know but do not believe that this person is responsible for those 'threats', in fact, I don't believe that those threats are anything more than that, threats...(I notice you haven't mentioned those CSO threats in this letter to the CAA-Ed)...sure, for the exact reasons just explained, separate issue, and likely not this person's actions and/or responsibility...I will pursue that bizarrely anonymous CSO letter, maybe it is this person who responds, whatevs... 


Tomorrow: Liberal's Tony Pasin, His Part In The St Martins Cover-up

I can only promise that it's going to a very long, long week about and/or for various people associated with the St Martins Cover-up...

I am Nick Fletcher and this here is my blog, and the fact that it exists at all is a screeching indictment of what we are as a community, what we allow as a community, and apparently we allow the St Martins Lutheran School Child Abuse Cover-up...cheers and laters...


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