Monday, March 2, 2020

Latest Request To Courts Administartion Authority For My Transcripts

Howdy dear availees everywhere here and there-abouts...starting off this week (it's Monday) with a renewed attempt to move forward and re-establish a more frequent posting regime...(and why not move forward by going back to an ol' favourite?-Ed)...indeed, and even better that that ol' favourite is still very, very current...(and better still yet some more that it's a constant reminder of just exactly how corrupt your whole "bizarre trial" process was/is?-Ed)...and continues to be...(weehaa!-Ed)...and regular availees will be well aware that I have been trying to get access to my transcripts/recordings from my "bizarre trial" (The Border Watch), literally for years now...I've applied dozens of times in Court, and written many times to South Australia's Attorneys-General, starting with Labor's li'l Johnny Rau, and more recently, multiple times to Liberal's Vicki Chapman...(and of course 'Tricky' Vicki Chapman ignored you for 18 months or more-Ed)...that she did, before a journo also wrote to her (unbeknownst to me) and I suddenly and miraculously received a response...(albeit a dismissive denial-fest writ-through with refusals to take appropriate action and/or accept responsibility-Ed)...and neatly concluded with a nasty li'l vague threat about not publishing that letter...

(I particularly like the swathe-implied dismissal of;
     "I will not be responding to any of the other matters raised in your correspondence.
      There is no further information or assistance that I am able to provide you. Further 
      correspondence in relation to these matters will be filed.")
...yep, charming isn't it...Language Warning...(yes, it's just the right balance of Fuck You, Idiot and Fuck Off And Quit Bothering Me, Idiot-Ed)...End Language Warning...and of course, by "other matters" Tricky is referring directly to the St Martins Lutheran School Child Abuse Cover-up, which she has personally known about since I and another parent attended the Liberal Party shindig in Mt Gambier in October 2004 and personally explained it to her...(ahhh, SA's Institutionalised Pro-Paedophile Corruption, from the Attorney-General on down, just terrific-Ed)...indeed, but rather than go trawling-back through all of that, I simply refer dear availees to that post from 19th November 2019, and all of the many previous posts re letters/emails to Vicki Chapman, Chief Magistrate Mary-Louise Hribal, etc...I'll just make 2 quick points re that post...

1) Just picked-up that in one spot I've made an error in referring to my last letter to Vicki Chapman as being from November 2019 when of course it was October 2019...(a simple error-Ed)...indeed, but far more importantly, this;
2) Vicki Chapman doesn't deny or challenge my statements/assertions about the prerequisite COAG meeting regarding potential Constitutional Law implications/complications of SA's ICAC Act 2012, therefore effectively acknowledging that that COAG meeting is a genuine issue, that it should have happened!...and her response is, 'not going to do it'...how is that appropriate?...(and we remind dear availees that SAPol (police) Prosecutions and the Court itself originally acknowledged the Constitutional Law issues when the 'First Trial' was moved to Adelaide in mid-2015-Ed)...exactly, and that it was SAPol Prosecutions who in Court in March 2016 specifically identified that a COAG (Council of Australian Governments) meeting was meant to occur before the original ICAC Act 2012 was even ratified by SA Parliament...and there's the beautiful irony, I know this stuff because the cops explained it in Court...

As dear availees are well aware, I've been trying to access all of my transcripts/recordings from the dozens of Pre-Trial Hearings and various Adjournments, etc, and not least of all, so that I can lodge an Application To Appeal, as covered in those many letters referred to above...Vicki Chapman's charming advice was to write to the Courts Administration Authority, again, and apply to them, again...Language Warning...(yeah, it's classic double-barreled 'Fuck You, Idiot'-Ed)...how so?...(well, completely ignore the realities of your many previous attempts to get those recordings, FYI 1, and then, by telling you to go back through that same process again, FYI 2-Ed)...yes, in most other vernacular, the language of 'Information' is quite clear, but SA puts it's own unique bent on it...(hmmmmm?-Ed)...yeah, FYI usually means For Your Information and FOI means Freedom Of Information, but in the lexicon of South Australia's Pro-Paedophile Corrupt Parliament, FYI means 'Fuck You Idiot'...(and FOI, 'Fuck Off Idiot'?-Ed)...exactly!...(classic, FYI and FOI, get some a' that up ya'-Ed)...End Language Warning...anyhoos, I've taken Tricky's advice, and written to the CAA, again, and rather than explain it all, here 'tis...ooo, I remind dear availees that in mid 2017 Magistrate Ian White actually 'Ordered' himself to review my requests to 'access all PTH transcripts', which he failed to do, and then at 'Trial' in November 2017 he simply ignored my repeated entreaties/questions re that 'Order'...

Here's my latest attempt to gain access to my transcripts/recordings...this was emailed to the CAA at 1400hrs on 20th January 2020, and I received an automatic receipt, a "system generated message", at 1410hrs that arvo...(and do I take from your lack of mentioning it, that y'all ain't received an actual response from an actual person?-Ed)...not yet...("not yet"? so you are expecting one at some stage then?-Ed)...couldn't really say, the CAA was very quick to dismiss my original 'attempt' to lodge my Application To Appeal, did it the same day in fact...(is that the 'attempt' where-in you lodged your Application on the exact forms and in the exact manner that the CAA and/or Legal Services Commission, only for that advice prove to be almost wholly erroneous?-Ed)...yeah, but it still supposedly/allegedly counts as an 'official attempt', so I'm up-against that as well...(well how is that fair, let-alone legal?...if you go to the only 'advice' available to you, the supposedly official sources, and they completely mis-advise you, what hope have you got?!-Ed)...well quite, welcome to the SA Legal System, if you've got money or dodgy lawyer mates, you're fine, outside of that, you get 1) denied Legal Aid, and 2) dodgy advice...in my case, where I was facing potential fines of $540,000 in a massively important precedent case involving hugely complex and powerful ICAC legislation, I was still refused Legal Aid and had to self-represent...even now, with Corrections SA trying to gaol me on the most farcically contrived premise, in the most fundamentally ludicrous circumstances, Legal Services Commission still cannot (will not?) tell me if I even qualify for Legal Aid...  

Anyhoos, here's my most recent letter, talk at ya's afters...I have already used this letter in my recent post about the associated fines...(in 1 of those 2 recent posts about your fines stuff?-Ed)...yep, in the second, most recent one I reckon, but it needs to be included here as it is the specific issue at hand...(fair enough-Ed)...***

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 12th 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,

***...(strewth!-Ed)...indeed, strewth...the FERU has very appropriately and politely insisted that I begin making minimum payments, as discussed in that recent 'Fines' post, etc, but the critical issue here is the lack of response from the CAA...(well there's a bunch of critical issues in that letter, but the specific request for access to recordings so as to make your own transcripts, not least of all due to apparent errors/omissions in the 2 transcripts you have received, that is indeed critical stuff-Ed)...and what hope do I have when even the CAA is now apparently ignoring me?...

Tomorrow: A Grab-Bag Of Current Issues

And the day after that a very recent review of exactly where the Farcical Aquatic Recreation Centre process has got to...(and?-Ed)...all over the shop, Mt Gambier City Council is still literally making it up as they go along...(so it's business as usual then?-Ed)...pretty much...(yay-Ed)...

I am Nick Fletcher and this is my blog, cheers and laters...

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