Thursday, January 23, 2020

Some Positively Fine News Indeed

Howdy dear availees all about the place...had a fair bit of not great stuff goin' on recently, and none more so than this past week, so apologies for the break, again, but I'll explain it all a bit down the track...and even with all that 'stuff', again I cannot believe that it's been 9-10 days since the last post...(you're not even gunna' mention that the cops have been at ya' house again, when was it, last Thursday 16th January?-Ed)...well okay, sure, SAPol did come to my house at 0730hrs to hand me some unsigned paperwork telling me to rock-up to Court in a few weeks to explain why I haven't done any of my 260hrs of Community Service...(and wasn't that the same female officer who came to your home on 27th December 2018 to tell you you'd supposedly breached that reprehensibly vile 'political' Intervention Order and couldn't write anything about the entire ABC, etc?-Ed)...yes it was her...(and what's happened with that and the other supposed breach that had SAPol at ya' house 6 times in November 2018?-Ed)...well, nothing that I'm aware of...(so those supposedly critical breaches really look like what you identified them to be at the time-Ed)...remind me...(when you looked directly down the cameras they kept waving in ya' face and called these 'visits' deliberate acts of harassment and intimidation designed to make you feel unsafe in your own home-Ed)...yeah, I did say that didn't I...

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

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;
  1. all Pre-Trial Hearings, starting February 2015 through to November 2016, and;
  2. the aborted “Abuse of Process/Malicious Prosecution” Trial of November 2016, and;
  3. the separate “Malicious Prosecution” hearings of February-March 2017, and;
  4. the SAPol/Court generated adjournments and/or PTHs of March-November 2017, and;
  5. both 'Trials' of March 2017 and Nov-Dec 2017, and;
  6. 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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