Howdy dear availees...following directly-on from the previous two posts re the extraordinary/bizarre conduct of the ICAC (Independent Commission Against Corruption) Commissioner Ann Vanstone...please find attached below the first 4 pages of the 7-page Index of Documents I provided to MLC (Member Legislative Council - Upper House of South Australian Parliament) Frank Pangallo...(provided to him along with the referred-to documents, of course-Ed)...of course...Frank was very insistent, rang me twice in 5 days, etc, and Frank was gunna' get it all straight to the ICAC Commissioner...(I believe he said in that second call back in March "by next week"?-Ed)...correct, Frank was gunna' do this and Frank was gunna' do that...(and has Frank done any of it?-Ed)...couldn't say for sure 'cos I ain't heard from Frank for months now...(well frankly I'm shocked-Ed)...I'm not...
The only thing I can say for fact is that Frank has not raised this issue in the Parliament in the 18 Sitting Days since I provided him concrete proof that the ICAC Commissioner Ann Vanstone misled the Parliament in her 'Citizen's Right Of Reply'...(18 Sitting Days?-Ed)...yep, across March through April, May, and June...(wow...ummm doesn't he have some sort of legal/legislated responsibility to at least notify the Parliament about this 'misleading' of the Parliament, most especially 'cos it's all been officially recorded into Hansard, and therefore Forever On The Public Record?-Ed)...like the Parliament give a fat dead rat's festered clacka, it looks increasingly like this may well have been the set-up from the get-go...(how so?-Ed)...well, get all these Official ICAC Lies FOTPR which would greatly suit Labor and Liberals and all the other trite numpties lounging-about in their collective filth we otherwise call State Parliament...
But, admittedly, I'm just spit-ballin', just kickin' the can about to see what falls out, whatevs, in the absence of any rational explanation as to why this has happened...(and why now?-Ed)...yeah, and why now when it was pretty-much all over bar the whinging, etc etc etc, but ultimately it could just be a massive miscalculation by all involved...(well I can see the merit in your first theory/argument there, but my second guess was that the new Commissioner had been set-up by her 'Own Side'-Ed)...really? set-up? but why?...(well if one considers her predecessor Bruce 'Brews Slander' Lander's definable corruption, and most especially as it relates to your persecution/prosecution, it would benefit everyone involved if they could get a bunch of OIL FOTPR-Ed)...ah yes, OIL FOTPR, I can see that...(so get all that misinformation about your case/trial FOTPR on the Hansard, then release that 'Inspector's Report' that completely exonerates Bruce mate of anything and/or everything then shazzam! the current Commissioner quits, saying it's all a bit too difficult-Ed)...and having built that OIL FOTPR Wall between Reality and what the Parliament would have everyone believe, if there's any blow-back at all, it's still most likely gunna' be at Ann Vanstone...
So there, dear availees, are some guesses/theories, but if I had to land somewhere I'd be inclined toward a combination of the above, roughly, that Frank shot his mouth off about me in the heat of the moment in defense of someone else...(I can see that-Ed)...then the Commissioner has come-back hard at him, super-aggressive and over-the-top abusive and denying accusations that haven't been made, etc...(well we can all read that for ourselves, I mean, "wholly unfounded" and "patently false" are just very obnoxious, condescending, pseudo-polite ways of saying 'Completely Fabricated Lies'-Ed)...indeed, and Frank's panicked and contacted me, etc etc, but that's were the conjecture kicks-in 'cos why the Commissioner did this, made these damning statements that are themselves "patently false", etc etc, I just can't tell ya' why...(mmm, I see the problem, riding that train of thought brings ya' loopin' back to the idea that it's all deliberate to achieve OIL FOTPR-Ed)...so ya' see the problem I'm havin' with gettin' this damn thing to land anywhere...
And here's another question for ya'...(I thought we here at TMGI were about providing answers?-Ed)...we do heaps of both, and plenty of everywhere in between...(fair dues-Ed)...did Commissioner Vanstone know that these were lies when she submitted her prepared statement/CRoR? or did she act in good faith, having gone to her own ICAC files and SAPol etc only to be provided false information, which she has then repeated...(well it's a moot point really, given that you've written to her twice and she refuses to acknowledge the issues and now refuses to respond at all-Ed)...indeed, whatevs the Commissioner did and/or didn't know, she sure-as-shreck knows now, and her response has been to ignore the issues, refuse to act, then refuse to respond further...(it is reasonable to summise that whatevs were the motivations and/or machinations, etc, where we are now is entirely definable, and as done in the title of these posts-Ed)...lovely summary sir...
If I may run with that 'cos you're spot-on...whoevs/whatevs/whyevs, where we are now is that the ICAC Commissioner has lied to the Parliament, on Hansard, is aware of those multiple deceits/falsehoods, but refuses to rectify this entirely unacceptable situation, and has now resigned...and leading-up to this current undeniable reality, as mentioned, I provided Frank mate with a dossier of documents and this 7-page Index (below)...it's fairly self-explanatory, so here's the first coupla' pages and we'll finish this in the next post...enjoy...***
Dear Mr Pangallo,
Thankyou for your call on Friday 8th March 2024, and follow-up call of Wednesday 13th March, and your renewed interest in my Conviction for 18 breaches of the ICAC Act 2012 Sec56.
As I understand it, you recently made some statements in the South Australian Parliament (8th February 2024) about my ICAC Prosecution (May 2014 - April 2018), and have subsequently been asked/required by the new ICAC Commissioner Vanstone to explain/justify your statements.
To assist you in this, you have requested that I provide any information and/or documents in my possesion relating to three specific issues, namely;
Was I investigated by ICAC, under former Comm Lander?;
Was I fined $540,000?;
Was the ICAC Act 2012 Sec56 changed in 2014 in such a manner as to allow me to be prosecuted retrospectively?
Whilst you have a broad understanding of some of the many issues related to the motivation, implementation and conduct of my ICAC/SAPol prosecution, eg, via the personal testimony and many supporting documents I provided to your 'ICAC Harms and Adverse Outcomes Inquiry', etc, you cannot begin to understand the trauma that you have re-introduced to my life.
Since I spoke with you I have spent that entire long weekend and most of this week retrieving and trawling through documents, constructing this index, etc, being constantly bombarded with relentless reminders of just how corrupted my 'trial' was, and of the genuine motivation behind all of this.
And again, you know what that original, genuine motive is; that which motivates me to behave the way I do, and the exact same motivation that has seen me punitively persecuted for speaking-out, that has driven SA 'Authorities' to retaliate against me in the manner that they have.
It has become almost impossible for me to just pick-out a few documents that prove how corrupt my ICAC trial was/is, because literally every interaction, every document, every transcript is testiment to how corrupt that entire process/trial is.
For example, the first (unmarked) document is self-evidently the Court's own Certificate of Record showing where Her Honour Magistrate Anderson recused herself officially citing “Abuse of Process” re my claims (of Malicious Prosecution) and the supporting documentation I had provided to the Court at HH's Order.
***Somehow, it was never explained to me, but somehow the Court, (then) Chief Magistrate Hribal, and the (then) Attorney General Vicki Chapman managed to ignore this “Abuse Of Process” finding, appoint Magistrate White to take over, and the 'trial' continued like nothing had happened.***
(***19th March 2024 Error spotted...in 2016 AG was Labor John Rau, Chief Magistrate (???) Rang FP and corrected...'no problems'...NF***)
When I tried to raise the many related issues of this Abuse of Process/Malicious Prosecution, Magistrate White flatly refused to allow any discussion.
As per your specific request, please find attached some of the documents (numbered) and as indexed below.
Point 1: Yes, I was investigated by the ICAC regarding my alleged breaches of the ICAC Act 2012 Sec56, and was then referred directly by (the then) ICAC Comm Lander to SAPol Anti-Corruption Branch (and rather than the usual referral to Director Public Prosecutions).
This was established very early in Court proceedings, via various documents, testimony, etc, and discussed as fact many times in Court.
My two related attachments prove this, being;
three pages (marked 1(a),1(b),1(c)) of the testimony of SAPol Anti-Corruption Branch's (*******) from Trial in March 2017, where-in (******) again states as fact, “ICAC informed our branch of the allegations against you”.
(******)'s inability to identify the actual date that ICAC first contacted SAPol ACB in February 2014 is addressed in this SAPol document (marked 1(d)), which identifies that 'first contact' was made by ICAC in a letter to SAPol ACB dated 20th February 2014.
(***name removed due to Final Intervention Orders-14 July 2024-NF***)
Attachment 1d) also identifies where SAPol ACB went to ICAC (4th April 2014) seeking advice “...on ICAC act Sec56 and when it applies? (When reported to ICAC? When referred to ICAC? When complainant is advised it is reported to ICAC?) Matter discussed – No firm direction provided.”
When SAPol ACB had to ask ICAC when/if Sec56 even applied, and ICAC could not or would not even tell them;
how is a private citizen meant to know/understand?
how can anyone be prosecuted for an alleged 'breach'?
Point 2: Yes, as it played-out in Court in February/March/April 2018, I was originally fined the full $540,000, which was then “Commuted” to 260 hours of Community Service.
I cannot prove this with any documentation I have because the Magistrate only said this, “Commuted” during Sentencing and I have been refused access to those transcripts by the Courts Administration Authority.
Please find attached the article from The Border Watch 1st March 2018 (marked 2(a) where Magistrate White is quoted identifying this maximum $30,000 per Count, and that when I question this and identify that total as $540,000, the Magistrate does not challenge/refute that.
I maintain that originally I was fined $540,000 and that fine was not reduced at all but “Commuted” entirely to Community Service, and as identified, even then only because I had no money.
I have also included here a copy of the The Border Watch article 1st December 2017 (marked 2(b)) that identifies in part how appallingly I was treated by Magistrate White.
Suffering under his constant abuse and harassment and refusal to provide me an adjournment, etc, I obtained a Medical Certificate, but Magistrate White subpoenaed my doctor, discussed my personal medical details in open Court with the media present, and next morning I heard it all being reported on ABC South East Radio and it was in TBW.
Two of the Counts I faced and was ultimately convicted of were for just 'speaking to the local ABC and TBW', in a context where no story was ever aired/published, and both were willing SAPol Prosecution witnesses against me, but who were also attending my trial daily albeit flatly refusing to talk to me, but then publishing/broadcasting about it.
I was found Guilty of merely speaking to the media, and speaking only after the alleged ICAC investigation into Mt Gambier City Council had concluded with no action resulting.
This public discussion of my private medical issues was done quite deliberately by Magistrate White to humiliate and denigrate and discredit me in the community.
It also proves that even when my doctor did specifically express 'concerns for my mental health', Magistrate White ignored that and continued in my absence.
Point 3: Yes, ICAC Comm Lander and Labor Attorney General John Rau did conspire to change the ICAC Act 2012 with specific intent to facilitate my prosecution.
As you are aware, I have previously provided all of these relevant documents (attached again here at your request) to the Parliamentary Inquiry into ICAC Harms that you chaired.
Attachment 3(a) – 2 pages: The first letter that my lawyer wrote to ICAC Lander, 2nd July 2014, (following SAPol Anti-Corruption Branch raiding my home on 7th/8th May 2014) seeking clarification about many problematic issues with the ICAC Act 2012 Sec56, but most specifically;
The term “published” is not defined, and:
“...is he allowed to talk to a lawyer...”, or “...talk to his family and friends”, etc.
My first question to my lawyer was “Are you even allowed to speak with me?”, they politely laughed, then they read Sec56, then they apologised to me and wrote to Comm Lander asking that very same question.
This single letter identifies that there are/were so many issues/faults/failings with the ICAC Act 2012 Sec56, upto and including can the accused even talk to a lawyer?
3(b) Comm Lander's dismissive refusal (14th July 2014) to provide any information, which prompted a second letter from my lawyer.
3(c): My lawyer's second letter (18th July 2014) asking again about 'To publish' and 'can he even talk to his family' etc.
3(d) ICAC Comm Lander's response, 28th July 2014, his official 'Authorisation' allowing me to speak with my family, friends and doctor, thus addressing some of the many issues raised by my lawyer.
3(e) SAPol Prosecutions email to my lawyer identifying that, as of 12th August 2014, I had not even been 'Charged' yet.
This is a critical time-line link to attachment 3d) showing that even though I was a 'private citizen', who had not actually been Charged with anything, I still apparently required specific written permission from the ICAC to even talk to my lawyer, family, friends, and even a doctor.
Deliberately not identified by Comm Lander in his 'Authorisation' is the implicit acknowledgement and related approval that I was now 'allowed' to speak with my lawyer.
3(f) – 2 pages: Is from the ICAC website where-in it identifies the 27th November 2014 changes to the ICAC Act, changes that are directly referencing the two main issues/questions raised with ICAC Lander by my lawyer, namely;
changes defining 'To publish', and in a manner that also then;
allows defendants to speak with a lawyer, their family, etc.
These changes are the exact issues repeatedly raised by my lawyer in July 2014, directly in writing to Comm Lander, and as then passed through Parliament in November 2014.
3(g) Is from the Hansard (November 2014), immediately pre-dating the ICAC statements (in 3(f)), where-in (then) Labor Attorney General John Rau states;
“The amendments are made in response to specific requests from the commissioner to clarify some provisions and to facilitate some operational aspects of the legislation.”
AG Rau openly acknowledges that “...the confidentiality requirements of the Act...has caused some confusion for inquiry agencies, public authorities and public officers.”
The ICAC Miscellaneous Ammendments Act 2014 was passed on 27th November 2014.
My 'Trial' then commenced Tuesday 3rd February 2015, without me in attendance, because I had not been Charged or Summonsed; I found out the next day via a phonecall that it was reported in The Border Watch that I had “failed to attend”.
This documented timeline, as previously provided and explained to your ICAC Inquiry on the Parliamentary Record, is absolutely irrefutable and proves that I was prosecuted retrospectively.
In July 2014, my lawyer twice wrote to Comm Lander asking specific questions about specific faults/failings with the ICAC Act 2012 Sec56, and then Comm Lander went to AG Rau about those specific faults/failings, as then ratifed by the ICAC MAA November 27th 2014, and then my trial commenced, without me even being Charged or Summonsed, on 2nd February 2015.
It also proves that this retrospective prosecution, as originally directed by ICAC Comm Lander to SAPol ACB, was not an unfortunate accident or oversight, etc, it proves that Comm Lander acted with intent to specifically alter the ICAC Act 2012 to facilitate my prosecution.
***And that's as good a place to pull stumps as any other...like we said, it's all fairly self-explanatory...(and it's a given that those documents do exist-Ed)...indeed, and they're only part of the extensive documentation proving the various related points/issues...we'll do the second half of this Index...
Tomorrow: Well We Just Said Actually
Also gunna' do more about Mt Gambier City Council's rank lies regarding how MGCC have deliberately chosen to shut-down the Engelbrecht Cave Tourism business whilst blaming the tenant for supposedly ending that Lease...(yes, MGCC openly lying as consumate liars do, and most especially when they know there will be no consequences-Ed)...indeed, MGCC is is so corruptly bankrupted in literally each and every context you care to mention ain't nobody goin' near that...(it's so bad in fact that even our rancidly corrupt ICAC has had to step-in to try and protect them-Ed)...indeed, and Ann Vanstone wants to quit 'cos it's all a bit too difficult...
I am Nick Fletcher and this is my blog...cheers and laters...
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