Vicki Chapman
Friday
18th October 2019
Attorney-General
Email: agd@agd.sa.gov.au
Dear Attorney-General,
I
refer to my many previous letters/emails to you of 2016/17/18, most
specifically 19th April 2018, 16th May 2018,
3rd July 2018, and 15th October 2018, all
regarding my “bizarre trial” (The Border Watch newspaper) and
subsequent equally bizarre Conviction for allegedly breaching the
undefinable and nonsensical Section 56 of the Independent Commission
Against Corruption Act 2012 (South Australia).
As you are aware, this was/is the
precedent prosecution and conviction of the ICAC Act Sec 56, and that
I am a private citizen who has done nothing other than tell the truth
about a fraudulent alleged ICAC investigation of the Mt Gambier City
Council.
You know that I proved in Court that
that alleged ICAC investigation was a complete farce, consisting of
an unrecorded 30min chat with me in a cafe, and another unrecorded
chat with MGCC CEO Mark McShane in a corridor of the Adelaide
Convention Centre, and that there was no actual investigation, no
questioning of corrupt Councillors involved, no public hearings, etc.
As I explained in my letters/emails,
Section 56 of the ICAC Act 2012 was changed by ICAC Comm Bruce Lander
and then Labor AG John Rau, via the ICAC Miscellaneous Amendment Act
(November) 2014, in direct response to enquiries made by my legal
representatives in July 2014, following the SAPol (police)
Anti-Corruption Branch raid on my home of 7th/8th
May 2014.
I repeat my concerns that Parliament
not only passed this bizarrely undefinable ICAC legislation in the
first instance, including passing as 'Law' absurd undefined
statements like “information tending to suggest” and “may be”,
etc, but also that Comm Lander and AG Rau and the Parliament
addressed then changed that legislation specifically in a manner to
facilitate prosecuting me.
As you are aware, because I have
repeatedly and carefully explained it to you and provided you with
the related documents, etc, the timetable of events is undeniable,
entirely proven by Comm Lander's, SAPol's, and Parliament's own
documentation, eg, Hansard.
As you are aware;
- my home was raided by SAPol ACB on 7th /8th May 2014, and my laptop seized as 'evidence', etc, but I was not actually charged with anything;
- my legal representatives wrote to Comm Lander (twice) and SAPol in July 2014, asking about the failures and/or confusion of the ICAC Act 2012, specifically, a) can our client even speak to a lawyer? the Act appears to deny that right, b) what does “To Publish” and “tending to suggest” mean? etc, it is all undefined, and, c) when will our client be charged?;
- ICAC Comm Lander responded on 28th July 2014 with a written formal ICAC “Authorisation” that 'allowed' me to speak with a lawyer, my family, friends, or a doctor;
- SAPol Prosecutions confirmed in writing on 12th August 2014 that I had not been charged, but that I would be notified “if and when charges are to be laid”;
- Comm Lander and AG Rau then changed the ICAC Act 2012 Section 56, via the ICAC MAA (Nov) 2014, specifically including a definition of “To Publish”;
- my “bizarre trial” then started 3rd February 2015 without me being 'Charged' or Summonsed or even notified of the trial;
- documents eventually provided by SAPol Prosecutions (April/May 2015) revealed the existence of ICAC/SAPol 'Operation Baritone', started in mid-February 2014, and where-in I and my blog are the sole focus.
As you are aware, there were monthly
Pre-Trial hearings from February 2015 to June 2015 when SAPol
Prosecutions and the Magistrates Court (Magistrate Paul Rice) agreed
with my lawyer's submission that there were potential issues of
Federal Constitutional Law being compromised by the SA ICAC Act, and
my trial was moved to Adelaide to facilitate that much larger and
more involved proceedings.
There were several hearings in
Adelaide, none of which I physically attended, before my trial was
returned to Mt Gambier without explanation, and with none of the
Constitutional Law issues resolved, re-commencing in February 2016
with Magistrate Teresa Anderson and a new SAPol Prosecutions
representative.
Despite SAPol Prosecutions specifically
acknowledging and identifying (Feb 2016) the requisite legal
necessity for a formal COAG (Council of Australian Governments)
Constitutional Law Review of the ICAC legislation prior to any
prosecution commencing, and Her Honour's specific 'Order' to SAPol to
identify and resolve these issues, and my years of repeated
questions/requests about these issues, etc, I was 'Convicted' without
any of that review/resolution.
After my actual 'Trial' (November 2016)
collapsed in disarray when HH Anderson withdrew citing issues of
“Malicious Prosecution” and “Abuse of Process”, etc, my
'trial' bizarrely just continued on, with a third Magistrate
appointed, Magistrate Ian White, and I repeatedly questioned him
about the Constitutional Law issues, but he just ignored me.
As I have explained to you, Magistrate
White acted with extreme 'Bias' against me, repeatedly ignoring
multiple issues that might have compromised prosecuting me, eg, SAPol
Prosecution's proven lies in Court, and he refused me addressing
critical documents, and routinely abused and threatened me,
especially with supposed 'Contempt of Court'.
During my 'third trial'
(November/December 2017) he openly abused and threatened me, forcing
me to question a SAPol witness who wasn't meant to be there, then
refused me questioning another SAPol/ICAC witness, then denied my
requests for an appropriate adjournment, ignoring the advice of my
doctor whom he subpoenaed to give evidence, before taking the highly
unusual action of concluding my “bizarre trial” in my absence.
Via three bizarre Video Link hearings
(28th February, 9th March, and 20th
April 2018) with Magistrate White sitting in Elizabeth Courthouse, I
was 'Convicted' then fined a ludicrous $540,000, being the maximum
allowable $30,000 per 'Count' under the ICAC Act 2012 Section 56,
which was then commuted to firstly 300hrs then 260hrs of 'Community
Service'.
As you are aware, Magistrate White
tried to ignore my submissions about the fact that I had been
prosecuted using incorrect and/or undefined and/or altered ICAC
legislation, until he was outed by the local media, when he suddenly
released two Addenda confirming my submission, but blaming me for not
explaining it to him properly, and then 'Convicting' me regardless.
As you know, he then implemented three
wholly inappropriate Final Intervention Orders, a reprehensible
politically-motivated mis-use of these critically important 'Orders'
that are usually handed-down to protect vulnerable women and
children, but used by Magistrate White to try to censor and/or
silence me on issues of my “bizarre trial” and corruption, eg,
the FIO regarding a MGCC Councillor directly bars me from attending
MGCC meetings or any other political or even public meeting on the
off-chance that that Councillor may attend, whilst another bars me
from contacting the South East ABC.
Two of the 'Counts' relate to
contacting the media, the ABC and The Border Watch, meaning that I
have been 'Convicted' for telling the truth to the media, which is a
direct attack on 'Whistleblowing' and the rights of the media to
report critically important issues of public interest.
As you are fully aware, this entire
proceedings was/is a farcical travesty, a litany of often deliberate
Prosecution and Judicial failures and faults and improprieties; it
was/is a fundamentally “Malicious Prosecution”, up to and
including the conduct of Magistrate White.
You know that at literally every one of
my dozens of Pre-Trial Hearings and daily during actual trial
proceedings, etc, that I have made requests for the transcripts from
these hearings, and that this is even confirmed by Magistrate White's
own 'Order' to himself on that issue, as recorded in the Certificate
of Record, an 'Order' he then flatly refused to even acknowledge at
trial in November/December 2017.
I have repeatedly asked you and/or
Chief Magistrate Hribal to provide me those transcripts and/or
recordings so that I may lodge an 'Appeal', which I am currently
still intending to try to do, that is, when I am eventually provided
those transcripts, especially those that involve the Constitutional
Law issues, then I will 'Appeal' this bizarre and definably corrupt
trial process.
You know all of this, and that it is
only the tip of a massive and ugly iceberg of Judicial and legal bias
and impropriety, a definable disaster that I have repeatedly
requested that you as Attorney-General intervene in, not least of all
to act to implement that long-overdue COAG review of South
Australia's bizarre, undefinable, and Constitutionally-compromising
ICAC legislation.
I have also asked you to quash and
permanently stay my unsound and problematic 'Conviction';
- pending that appropriate COAG Review, a Review that former Labor AG John Rau should have convened but deliberately failed/refused to;
- and because I have clearly identified to you exactly what I identified to Magistrate White, ie, the changes to ICAC legislation in November 2014 confirm that what I was 'Convicted' of was not technically a 'crime' during the period I was 'Charged' (Dec 2013 – April 2014).
I appreciate that much of this has
happened under the Rann/Weatherill Labor government and their AG John
Rau, etc, but I would consider that to be only further reason for the
Liberal Party to act to address and resolve what has been done to me,
and subsequently address the broader implications of the corruption
evident in both the ICAC and Judiciary.
Despite all of this, and despite the
fact that in 2018 you yourself fell foul of the bizarre ICAC
'Confidentiality' regulations, and was openly mocked in the
Parliament and media for errantly exposing an ICAC investigation into
senior public servants, despite all that, I have not even received a
response from you, let-alone a commitment to address and resolve
these issues.
I note with genuine concern that it is
a year since I last wrote to you on this issue, and this entire
process has had a quite deliberately devastating affect on my life,
my health, etc, which is exactly the intent of this “Malicious
Prosecution”, it is unambiguous Retributional Political
Persecution.
In November 2018 I had SAPol at my home
on six occasions, five times in one week in late November, repeatedly
sticking cameras in my face and accusing me of having breached the
Councillor FIO, and bizarrely demanding I provide DNA samples and
fingerprints in a supposedly critical time-frame, etc, but repeatedly
refusing to actually charge me with anything.
Each time I challenged these
accusations, questioned the relevance of and refused to submit to DNA
swabs or fingerprinting, demanded to be charged but was refused, and
calmly but clearly looked down those cameras and identified these
incidents as outright harassment and intimidation and abuse designed
to make me feel unsafe in my own home.
On 27th December 2018 I had
another SAPol visit, and was told I was not allowed to say anything
at all about the ABC (Australian Broadcasting Corporation), and was
again refused any paperwork and/or being charged, and was again told
I would 'hear about it in a couple of months'.
Despite the supposed seriousness and
alleged urgency, etc, of these alleged FIO breaches I have heard
nothing since, confirming the genuine intent of those visits,
harassment and intimidation.
Following advice, I have not done any
of the 260hrs Community Service or paid any of the $3,500 fine,
because starting to do either would potentially undermine my
impending 'Appeal'.
As with my entire “bizarre trial”
process, I have done everything asked of me by the Dept of
Corrections, eg, their demands for a 'current' Medical Certificate,
etc, but they also have not replied to any of my letters/faxes, and I
have heard nothing from them or the Fines Branch in over a year.
Many people have observed that the
reason that I cannot generate a response from yourself or the Dept of
Corrections, etc, is that I have accurately identified the grossly
flawed and deliberately retributional nature of this “Malicious
Prosecution”, and the complicit involvement of ICAC Comm Lander,
etc, and therefore you and your colleagues find it too difficult to
try to engage with me, it is easier to just ignore me and hope I just
go away, etc, and therefore that I should just let it all go and
forget about it.
They have a fair point, but also agree
with my response, namely, that I cannot 'just let it go' because I
have no choice, this is being done to me, and;
- I have an albeit quite bizarre 'Criminal Conviction' hanging over my head, and
- associated FIOs, and
- the Community Service Order and Fine still to be resolved, and therefore,
- with the associated 18 months time limit expiring on 20th October 2019, I can potentially be charged with Contempt of Court, which can result in gaol.
It is my concern that I have been
deliberately ignored by yourself and others so as,
- to compromise and effectively deny my attempts to Appeal, but worse,
- so that I can be harassed, bullied and threatened and potentially charged about the impending Contempt of Court issues, possibly with those supposed FIO issues added.
I therefore repeat my previous requests
that you act appropriately to convene that COAG meeting, 'quash' my
'Conviction' pending the outcome of that meeting, and provide me with
the full audio recordings of every one of the hearings, trial dates,
etc, from my trial.
Yours,
***...and regular availees will know that there's about 500 things I haven't included in this letter, but my numerous previous letters/complaints cover many of those issues...(well you've hardly scratched the surface with Magistrate Ian White's extraordinary behaviours-Ed)...a perfect example...(although what you have identified amply illustrates his grossly biased and rankly corrupt conduct-Ed)...indeed it does, and as I've identified, it's why these people don't want me getting my hands on those transcripts...(I thought you said that 'transcripts' were pointless because the 2 that you have received have been 'altered', with critical ommissions, etc?-Ed)...good point mate, and that's why I have specifically mentioned/requested the audio recordings...(ah yes, so you did-Ed)...but as you've identified, this letter is written and sent in the purest optimism as history teaches us I'm barking up a deaf tree...(whaaa?-Ed)...well I've got the correct tree...(indeed, you've absolutely nailed each and every point, as far as I can tell-Ed)...sure, but the tree don't wanna' hear it mate, so I can bark myself hoarse, ain't nuthin' gunna' happen...
(And where's the shreckin Australian Main Stream Media? why aren't they all over this stuff like stink on a monkey?-Ed)...well, even on a good day the MSM has proven themselves to be slavering lap-dogs to the Liberal Party...(yeah, but this 'Whistleblower' stuff has been huge news, what with the Witness K stuff, the outrageous prosecution of Richard Boyle, those rankly Fascist media raids, etc, etc-Ed)...yeah yeah, but I've tried interstate media, and others have on my behalf as well...(and?-Ed)...and obviously they ain't touchin' it...(is it because of the Institutionalised Pro-Paedophile stuff underlying your Political Persecution?-Ed)...would not surprise me in the least, remember, we've had a 5-year long Federal Child Abuse Royal Commission that flatly refused to even look at the Lutherans and didn't ask them one question, etc...(and according to many on Twitter, etc, hardly looked at anything in SA-Ed)...indeed, yet the MSM apparently can't see any of that either...(shreck me-Ed)...right there with you mate, right there with you...
Tomorrow: The Latest FARC Lies From MGCC
And that's exactly what they're doing, day-in day-out, lies, deceits, and gross incompetence...and then there's all that St Martrins Lutheran School Child Abuse Cover-up stuff to continue with...(yay-Ed)...quite...and if you dear availee, if you wanna' have a crack at gettin' the MSM interested in this extraordinary stuff, by all means please to be taking this 'ere letter and shoving it in front of your nearest and dearest editor or journo or whoevs...(in fact, we'd be much obliged if not exactly holding our collective breaths-Ed)...fair call mate, but it would be interesting to see this stuff suddenly appear in an overseas publication when our own MSM refuse to touch any of it...(like I said, worth a crack, but I won't be holdin' my breath-Ed)...fair enough...
I am Nick Fletcher, and this 'ere just above is some of the shizzle I've managed to get myself in for just standing ma' ground and tellin' the truth...(well there's ya' problem right there-Ed)...hilarious I' sure...anyhoos, dear availees, and Ed, cheers and laters...
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