Anyhoos, more on that later/tomorrow/whenevs, but here's a far more 'positive' story...("positive"?!-Ed)...when taken in context, absolutely...(okay, in context, in comparison to all of the other shenanigans, fair enough, I'll give ya' that one-Ed)...well cheers, and it does directly relate to the stuff above, because it's about the associated massively disproportionate fine and my ongoing attempts to just get access to the recordings from my 'Trial', etc...it stems from my original advice, namely, to not commence the Community Service or start paying the fine because doing either could/would be legally considered as acceptance of the 'Verdict', something that the Fines Enforcement and Recovery Unit have confirmed just recently...(and you sure as shreck ain't accepting that rankly corrupt farce of a 'Trial', let-alone the 'Verdict'!-Ed)...no I ain't, no I am not...unfortunately, I've been getting ignored and/or screwed around so long now, that the Fines Enforcement folk have finally had to very politely lower the boom on me, and insist that I start paying the fine...(and how is that a "positive story"?-Ed)...well, it's all fairly well explained by the letters themselves, so here they is, are, here they are...***
Registrar
Courts Administration Authority
GPO Box 1068
Adelaide SA 5001
Email: AMCregistry@courts.sa.gov.au
Re: MCMTG-15-72 SAPol v Fletcher
Dear Madam/Sir,
As the CAA are aware I have been trying
to Appeal my extraordinary 'Conviction' since it was handed down by
Magistrate Ian White in February-April 2018, and that my first
attempt to lodge that Appeal Application (26th April 2018)
was refused that day because it was allegedly on the wrong forms and
filed incorrectly.
As the CAA are aware, I lodged that
Appeal Application in the exact manner and on the exact forms that
the Courts Administration Authority and/or Legal Services Commission
advised me.
As the CAA are aware, I have no formal
legal representation because I was refused Legal Aid funding, and
therefore have had to self-represent in Court, against an openly
hostile and biased Magistrate White, and now I am also stuck trying
to negotiate my way through the lengthy and complicated Appeal legal
forms, much of which I do not understand.
Since April 2018 I have written to
Attorney-General Vicki Chapman multiple times trying to gain access
to the Audio Recordings of my 3 year long “bizarre trial” (The
Border Watch), but she did not even respond until a journalist
contacted her in November 2019, and she has denied any responsibility
and/or refused to act, instead referring me back to the CAA.
I understand that the Magistrates
Court/CAA are now stating that the original 'Trial' (November 2016,
before Her Honour Magistrate Teresa Anderson) is considered to be
“Null” and therefore are refusing access to that critical
recording and also to all recordings of the many Pre-Trial Hearings
from February 2015 – November 2016.
These recordings are critically
important to establishing/proving my Grounds of Appeal, eg, the
extraordinary Abuse of Process issue that saw HH Anderson suddenly
recuse herself mid-Trial is acknowledged in the Certificate of
Record, but HH's statements about “Malicious Prosecution” are
not, despite HH using this specific term at least twice in the final
PTH in October 2016.
I have received no explanation as to
how my 'Trial' just continued regardless after I clearly proved that
“Malicious Prosecution”, acknowledged in the CoR as “Abuse of
Process”.
Access to these PTH recordings are
critical as to how I proved my allegations of Political Persecution
and police collusion, etc, to HH, leading to HH initially identifying
that as “Abuse of Process”, which then became “Malicious
Prosecution”.
The fact that HH was even using this
language and Ordered me to prepare and present my “Abuse of
Process/Malicious Prosecution” case at Trial (Nov 2016) is clear
indication that I had already proven enough to HH in those PTHs to
produce her statements and Orders.
Magistrate White has effectively
refused me access to recordings/transcripts, and again that is
identified in the CoR and transcript, where he Orders himself to
review my request, but then fails to do so and flatly refuses to even
acknowledge that Order when I confronted him about it at Trial.
I have repeatedly requested those
recordings and I have effectively been refused.
I refer specifically to 'recordings'
because the 2 transcripts I have received, for the 'Trial' days in
March 2017 and November-December 2017, are not an accurate account of
what was said, eg, the bizarre exchange when Magistrate White
abusively forced me to cross-examine a witness who wasn't even meant
to be there. He furiously and repeatedly counted-down the clock at me
but the transcript only records a single reference.
After multiple extensions on the
subsequent massive fine imposed by Magistrate White, the Fines
Enforcement and Recovery Unit has been forced to act and has now
imposed on me Registration and impending License restrictions, unless
I can prove a current Appeal Process is underway.
On Thursday 16th January
2020, I had SAPol at my home, again, directing me to attend Court on *** February 2020 for alleged failure to complete my
260hrs of Community Service as imposed by Magistrate White.
My original advice was that I should
not pay any fine or begin any 'service' because that would be deemed
as acceptance of the outrageous 'Conviction' decision of Magistrate
White, and the FERU has confirmed that, stating that if I enter into
a payment agreement, then I am 'accepting the fine'.
I also understand that the CAA is
stating that I do not have a current Appeal Process, apparently
because my initial attempt was rejected even before being processed,
etc.
As the matter currently stands, I feel
that I have been refused access to my own recordings so as to
deliberately undermine my ongoing attempt to Appeal, an Appeal
Process already deeply compromised by my lack of legal support, and
therefore I make the following application, namely, that I
immediately be provided access to all audio recordings from;
- all Pre-Trial Hearings, starting February 2015 through to November 2016, and;
- the aborted “Abuse of Process/Malicious Prosecution” Trial of November 2016, and;
- the separate “Malicious Prosecution” hearings of February-March 2017, and;
- the SAPol/Court generated adjournments and/or PTHs of March-November 2017, and;
- both 'Trials' of March 2017 and Nov-Dec 2017, and;
- the 3 'Verdict' hearings of February-April 2018.
As identified by Magistrate White in
2017, it is possible that I be granted access to those recordings in
a room at Mt Gambier Courthouse, so as to make my own transcripts.
When I have had this access and made my
transcripts, and had an appropriate opportunity to prepare my Appeal,
I will officially re-lodge my Appeal Application, an Appeal Process
that I consider to be absolutely current and deliberately stalled
and/or blocked as described above.
Yours, Nick Fletcher
***...(and how's that workin' out for ya'?-Ed)...well that was Monday 20th January 2020, and I've had an automated response but no answer yet...(wouldn't hold my breath mate-Ed)...well quite, but I have to keep trying, I've got no other choice...(fair enough-Ed)...and I've got things a little backward there, because that letter was generated by a phone conversation I had had with the FERU after I went to register my car on Monday morning, and there was a 'block' on that relating to the fine, etc...(a block on ya' rego? still waiting for the "positive" mate-Ed)...well the first in a series of positives is that the FERU have already given me several lengthy extensions because of the ruptured Appeal Process stuff...(okay, that is fairly positive-Ed)...and I had technically stuffed-up this last one because I got their email but was waiting for an 'official' letter, etc...(well it is a very confusing situation at the best of times-Ed)...exactly, and then when I rang them about the rego stuff, they did confirm that if I started into a Payment Agreement that meant I was accepting the fine and therefore the 'Verdict', etc...(which prompted you to write again trying to get those recordings/transcripts-Ed)...exactly, as my email to them explains, thusly...***
Dear Madam/Sir,
As
per my phone conversation with your office this morning, and the
Registration/License restrictions re my outstanding fine re
MCMTG-******. I greatly appreciate your patience and the multiple
extensions you have previously granted me, and I understand your
position regarding my thus far failed attempts to Appeal, but I am still
stuck in the same place as I've previously identified.
I
also understand that you cannot offer a further extension unless I can
provide proof of a current Appeal Process, or at least an attempt to
Appeal. To that end, please find attached a copy of my latest letter to
the Courts Administration Authority.
I don't
know whether or not this meets your criteria for a 'current Appeal
Process', but as explained in the letter itself, it is not like I
haven't been trying to Appeal, and this letter is the only thing I can
do to try and progress this issue. I have had what very limited free
legal advice is available to me, and I do not know what else to do.
If
you consider that this letter is not sufficient proof of a 'current
Appeal Process', and that you must therefore impose the
Registration/License restrictions, please inform me immediately and I
will comply with your directions and enter into a payment arrangement,
eg, direct debit.
However, any such compliance
is not my legal acceptance of the 'Verdict', it is not an acceptance of
guilt. I have been forced into this position by the refusal to allow me
my own transcripts/recordings, and a lack of legal representation. I
cannot afford to have my registration cancelled/blocked and I definitely
cannot have my license suspended.
Again, this is not a criticism of the Fines Enforcement and Recovery Unit, but it does not change how these actions affect me.
As
this Registration restriction is already in place and the License
restriction pending, please advise me as soon as possible as to what you
require so that I may act accordingly.
***...(well that's all very polite and respectful-Ed)...yes, it's quite remarkable really isn't it, when people treat me politely and with respect that's what they get in return, which incidentally is my default setting anyway, polite and respectful...but abuse me and threaten me, and don't be shocked when I ain't so polite...(yeah, just ask Magistrate White-Ed)...indeed, he got back exactly what he hurled at me and as was his attitude to due process, etc...(ah, so nothing but contempt-Ed)...precisely...anyhoos, it took several phone calls, but the FERU called me first thing Wednesday 22nd January to tell me that they were duty-bound to enforce the fine because I didn't have any actual Court-related paperwork, and it had been so long, etc...(and that's "positive" how exactly?-Ed)...well my friend, let me let them explain...***
Good morning Nicholas,
As discussed today.
I have set an arrangement on the fine MCMTG-*******.
I
have lifted the restrictions to allow you to register your vehicle and I
have cancelled the pending Driver's License Suspension.
Fines
Enforcement and Recovery have agreed to set the arrangement in place
while you contest issues with the Courts as the attached document is
not sufficient evidence of dispute with the Courts. Due to the fact that
it is not a Court document or a Court approved acceptance of any
dispute.
In
the event that the fine is disputed successfully by you and the fine is
withdrawn and the penalty no longer applied any monies paid to the
fine will be refunded back to you.
Your
arrangement has been established at $25.00 per fortnight on a balance
of $3,528.00 via direct debit, your first payment will be debited on
24-01-2020. You will receive a copy of this arrangement in the post for
your records within the next 7 days.You can make a payment, check your balance, set up direct debit and update your contact details online
***...(wow-Ed)...I know! and I hadn't even asked about a 'refund', I was just concerned about the stuff about 'accepting the verdict' if I started paying...(wow-Ed)...and isn't it refreshing to the point of wonderful to have a "wow" about something positive...(I absolutely concur, that is "positive"-Ed)...the FERU have obviously given lengthy and balanced consideration to their decision, and I really couldn't have asked for a fairer outcome...even more remarkable, the FERU is part of the Attorney-General's Dept...(the Attorney-General Vicki Chapman whom you have been so heavily critical of? that department?-Ed)...yep...(I think I have just one more here somewhere, ah, yes, here 'tis, wow-Ed)...and as I said to the FERU person on Wednesday, whilst I'm sure that they approach all of their work in the same balanced and considered fashion, and what they've done here is indicative of that attitude/conduct, it's such a huge thing for me because I'm so used to less reasonable treatment and outcomes...(but I thought you'd said that virtually all of your interactions with actual Court staff and people over the phone, etc, almost all of that stuff was/is good, even great?-Ed)...yeah, I have said that, often, and I stand by it, but this wasn't just a casual conversation or interaction, this is an actual outcome on a very specific and fairly important issue...
And I'm genuinely pleased to be able to share this 'positive' story with y'all dear availees...whilst it doesn't change anything about my stalled/stymied Appeal Process, etc, it is a good thing because it's one less thing to have to worry about, and after a day on the buses, my car is now registered and there's no issue with my license, etc, and the FERU has allowed me what I understand is the minimum allowed repayment, or close to it...so all things considered, onward and upward...
Tomorrow: Something I'm Sure
Sorry I ain't got to that Farcical Aquatic Recreation Centre stuff, but I have done a submission to the Development Panel about it, and read through the 156 page Mt Gambier City Council submission to re-acquaint myself with just what deceitful, manipulative shonks they are...(is this Federal $15m funding in anyway associated with the Pork-Barrelling Carnival of Delights currently unravelling in the Federal government courtesy of LNP Senator Bridget 'Fudge-It' McKenzie and PM Scotty 'Crimeminister' Morrison?-Ed)...great question Ed, I'll try to suss that out and let you know...
I am Nick Fletcher and this is my blog...cheers and laters...
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