Howdy dear availees, apologies that it's taken a week to get to 'Part IV' which is in fact 'Part Deux' of the 2 posts specifically about the 7-page Index...there's a tonne of stuff here, so let's g-g-g-go...
Just to let y'all know just exactly how important the current Labor Attorney-General Kyam Maher thinks it is that the ICAC Commissioner has suddenly quit only a little over half-way through her 7-year contract/appointment...(and quit citing the bureaucratic dysfunction/ineffectiveness of ICAC as brought about by changes to ICAC legislation 3 years ago-Ed)...indeed, that's her excuse..(couched in terms like "But I have run out of steam" and 'it's all too frustrating and too difficult', etc-Ed)...well absolutely, and it's such a critical disaster for the State Government and the ICAC and the whole thing's an unworkable mess, etc etc etc, it's so important to the State's future that a full fortnight after this extraordinary resignation the AG hasn't even called the artist formerly known as Commissioner Vanstone...(oh yes, and how do you know that?!-Ed)...well he said it in an ABC SE Radio News story Monday morning (22nd May), 'haven't spoken to her'...(fair dues-Ed)...so the ICAC Commissioner has resigned stating that the ICAC is effectively ineffectual/powerless/pointless, and the AG hasn't spoken to her?...(mmm, I'm calling 'bollocks"-Ed)...of course it's bollocks, he knew before it was announced...
So here in her own terms/words is the (now outgoing) ICAC Commissioner Ann Vanstone, link followed by related statement...***
https://www.icac.sa.gov.au/public-statement/public-statement
9 July 2024
Statement by the Hon. Ann Vanstone KC
Commissioner, Independent Commission Against Corruption
This morning I advised the Governor of my resignation as Commissioner of the Independent Commission Against Corruption, effective 6 September 2024. At that time I shall have served four years of my seven year term.
It has been a pleasure to work with the exceptional team that makes up the Commission. I have led them through tumultuous times and have been impressed by their commitment to finding a way to make an impaired system work, so that it provides public value.
Since the 2021 amendments to the Independent Commission Against Corruption Act 2012 (SA), our focus has been on streamlining our investigations, assisting public entities to identify systemic vulnerabilities to corruption and providing education to public officers. In my time we have published 25 reports (with another 12 in progress) and undertaken nine evaluations of agencies. This activity is informed by our investigations, which remain vital to our work. We have conducted hundreds of education sessions, which I know public officers find useful. Then, there is the work we do behind closed doors. The importance of all this work has sustained me, and everyone at the Commission. I am immensely proud of it.
My resignation is prompted by a number of factors, some personal, but most professional.
The 2021 amendments to the legislation governing public integrity in South Australia damaged the scheme, under the guise of making it more ‘effective and efficient’. I have been saying this since before the amendments passed and have had reason to continue to say it. In essence, the public interest is not served by narrowing the definition of corruption, or by isolating the Commission from the intelligence sources constituted by all complaints and reports, or by completely divorcing us from the prosecution process so that we are unable to assist a prosecution. Absurdly, we are not even allowed to speak to the prosecutor, meaning they are denied access to the expertise and knowledge of Commission investigators who best know the matter. Likewise, the public interest is not served by gagging us to ensure we cannot comprehensively share with the community what we know about integrity issues in South Australian public administration; and of course, it is not served when the public is required to pay the legal fees of those convicted of an offence, simply because they were investigated by the Commission.
On multiple occasions I have pointed out the significant problems within the scheme to this Government and the last, and to the parliamentary committee that oversees us. It is not that the legislation is wholly unworkable, but it does need to be as robust and effective as possible. I have not asked for the previous scheme to be restored. I have recommended modest reform and an independent review of the amendments to see how effective they are. My words have fallen on deaf ears.
I hope the next Commissioner will succeed where I have failed.
There are two reasons I have remained in the role despite my frustrations with the scheme that governs it. I perhaps naively expected that the weaknesses and issues I have identified would be addressed. That has not happened and I have no confidence that it would, even if I stayed until the end of my term.
Most importantly, I have stayed for the staff, to help them retain faith that the work they do is important and valuable, notwithstanding the attacks on the Commission.
But I have run out of steam.
In closing I wish to thank every person who has ever reported conduct suspected of being corruption and those witnesses who have assisted in the investigations of such allegations. You are the most important cogs in the public integrity wheel.
To the staff of the Commission, I say thank you. I have so enjoyed working with each of you and am grateful for your hard work and commitment to the Commission’s cause. I shall miss you.
***(Wow-Ed)...I know right?...(I particularly like the bit about thanking "every person who has ever reported conduct
suspected of being corruption and those witnesses who have assisted in
the investigations of such allegations."-Ed)...indeed, and let us show our gratitude by sending SAPol Anti-Corruption Branch to raid your home, relentlessly persecute you via 3+ years of wantonly corrupt 'Trial', load you up with a Criminal Conviction, and then try to gaol you via CorrectionsSA...(it's all your Xmas's at once-Ed)...ain't it though...and then, and then flat-out lie about it on the Hansard, Forever On The Public Record...(unbelievable-Ed)...then, knowing your statements to be "patently false", to be lies, refuse to correct those lies...(that's the bit I struggle with, it's entirely unacceptable-Ed)...damn straight it isn't acceptable...but we digress...
Oh, and good luck gettin' someone, least-ways anyone worth half-a-damn, to apply for that vacancy given those less than complimentary parting shots from the outgoing Commissioner...just gunna' kick-off with the last paragraph of the previous post re the 7-page Index, being 3(h), and then it's all new material from 'Completed Monday, etc'...enjoy...***
3(h) Is the Addendum that Magistrate White produced (5th March 2018) in response to my questions about the legislation changes and as TBW reported it (see document 2(b)). (*should be 2 (a)*)
In this Addendum, Magistrate White now acknowledges that I was 'prosecuted under the wrong legislation', specifically identifying that date when the ICAC Act was changed (27th November 2014) but blames me for supposedly not explaining it to him correctly in my written Verdict Submission, and then proceeds to say 'but it doesn't matter because you're guilty anyway'.
Part Finished as of Friday 15th March 2024
***Completed Monday 18th March 2024***
Magistrate White only produced this Addendum (and “re-issed (his) written reasons”) after I spoke-out about it in Court, but more importantly, because The Border Watch reported this exchange, as per attached copy 2(a).
This entire 'Verdict Hearing' was bizarre (yet further proof of why I need those recordings/transcripts) with Magistrate White appearing 20 minutes late, then not even reading his 'Verdict', just declaring me 'Guilty on all Counts', and refusing to answer my questions about the change of legislation, etc, as in 2(a).
Note that M White does not identify where his alleged “relevant definition” comes from, whilst on many other occasions/issues he is very quick to quote Case Law, etc.
3(i) Is the original version of the Addendum I received.
The critical issue here is, either way that Magistrate White, the Courts, or whoever wants to defend this retrospective prosecution, I was either prosecuted under the “no definition” of pre-November 2014, or the altered legislation post November 2014; either way I was prosecuted under the 'wrong legislation'.
Also critical here, as per 3(f), I was originally 'Charged' with 20 Counts of breaching ICAC Act 2012 Sec56 (a) and/or (b), and there were multiple applications by SAPol to alter these 'Charges', and even directions from Magistrate Anderson, etc, but ultimately this somehow morphed into being 'Guilty' of just 'ICAC Act 2012 Sec56', without the defining (a) and/or (b).
The ICAC Act MAA November 2014 completely changes Sec 56(b), and this is why SAPol Prosecutions and M White have changed the final 'Charge Sheet' particulars, to deny/avoid the reality that the definition/application of Sec 56(b) is also incorrect and also applied retrospectively.
3(j) Magistrate White's 'Remarks on Penalty', again referencing the “massive fines” and again stating that he is not fining me only because I have no money.
The language here is also very relevant, where-in, at trial Magistrate White repeatedly threatened me with Contempt of Court, over 10 times, and the whole trial was conducted as a pseudo-Defamation case against me with an agenda to stop me blogging.
4) Is my correspondence to the (then) Local Government Minister Geoff Brock relating to the sort of abuse/harassment I was regularly subjected to when attending Mt Gambier City Council and other public meetings.
Magistrate White ignored my statement about this in Court, when he then issued Final Intervention Orders against me that legally blocked me from attending any MGCC meetings.
Bizarrely, even though my complaint identifies multiple incidents with (then) MGCC CEO Mark McShane, my complaints were forwarded by Min Brock, to CEO McShane, for the CEO to resolve.
5) Is one of many letters I wrote to (then) Chief Magistrate Hribal and/or (then) Attorney General Vicki Chapman, included here because it covers many relevant issues/topics, shows I was in frequent contact with either CM Hribal and/or AG Chapman, and is yet further proof of why I need those recordings/transcripts.
6) Comm Bruce Lander tries to get me to re-report what CM Hribal already has, to therefore make myself yet again subject to the bizarre and itself arguably criminal 'Secrecy Legislation' of Sec56, which is also now applicable to any/all Judicial or Police Complaint processes.
The man who instigated the whole deeply corrupted ICAC Act 2012 Sec56 prosecution against me, openly acknowledges that at least 'some of the matters raised in my emails to CM Hribal' already do 'fall inside of his jurisdiction', but he still wants me to formally complain.
7) From the ICAC website section relating to the matters finalised across the time period my trial concluded, ie, February 28th – April 20th 2018.
This relates directly to the spurious claims that my case was not initiated by ICAC and therefore that's why my case/trial is not mentioned anywhere in the entire ICAC website/literature.
This is of course entirely false, ICAC Comm Lander did investigate me and then refer me to SAPol, etc, but it is also an aberration of ICAC's responsibility to inform all citizens that a person, especially as being merely a private citizen, had been tried and convicted and massively fined under the ICAC Act 2012 Sec56.
8) From the Certificate of Record, identifying that I was already trying to get my transcripts/recordings, and yet another specific 'self-Order' that M White later refused to look at/acknowledge.
9) My 4th/5th letter to Attorney General Vicki Chapman that also identifies the allegations/charges she was facing under Sec56, only to be 'excused' by Comm Lander.
A private citizen gets prosecuted, as instigated by the ICAC Commissioner, gets their own personal SAPol 'Operation Baritone', then subjected to over three years (mostly self-representing) of the Precedent Legal Case, etc, then multiple 'Convictions', massive fines, and a bizarre 'Criminal Record', etc etc, and the Attorney General gets 'excused' by the ICAC Commissioner.
10) AG Chapman's dismissive response to me, and as generated only because an independent journalist had contacted her about my “bizarre trial”, and as concluded with a vacuous threat about 'publishing'.
AG Chapman silently concedes that this entire matter should have gone to COAG (Council of Australian Governments) by stating that she “declines this request”; she doesn't say it cannot be done, she says she will not, thus defining that it can be and therefore should have been done.
Index Concludes
I apologise that it has taken me so long to compile these documents and index, but I'm sure you appreciate the volume of documentation I've had to trawl through and whittle down to these relative few, and the trauma doing so has re-ignited for me.
However, given the importance of my Precedent Prosecution and the many, many issues covered in just these few documents, I would be happy to discuss this in detail with you, talk you through this index, etc, and/or provide you any further documentation/proofs you may require.
Again I ask that you help me access a full copy of all my trial recordings.
Yours,
Post Script 19th March 2024
As per our phone conversation yesterday 18th March 2024, at your request I have added Magistrate White's 'Judgement/Reason for Decisions' Wednesday 28th February 2018 (Updated Version).
This 'Judgement' is a farcical attempt to re-write the reality as it occurred, eg, M White making completely false statements about how he gave me numerous adjournments to review evidence, etc, when the reality is he repeatedly refused me, eg, when he refused me an adjournment, so I provided a Medical Certificate, but he dismissed it and 'Convicted' me in my absence.
Also added are three documents marked as 'Abuse of Process', being,
Magistrate Anderson's official account as per the Certificate of Record;
The related article from The Border Watch;
Magistrate White's 'Reasons for Ruling' after he flatly refused to allow me to present my 100-document 'Malicious Prosecution' submission.
Magistrate Anderson originally identified my repeated claims of 'Political Persecution' as being 'Abuse of Process', but Her Honour changed that to “you are talking about Malicious Prosecution” by October 2016, and that was the term I used on the title-page of my 100-document submission.
As the transcripts will prove (if I ever get them), I was Ordered by HH Anderson to present about 'Malicious Prosecution' and that is what I proved to HH to the degree that HH immediately recused herself, albeit only identifying 'Abuse of Process'.
Regardless, how many times in Sth Australian legal history has a Magistrate recused themselves citing 'Abuse of Process – Stay of Proceedings'?
Replacement Magistrate White refused me presenting my submission (8th February 2017) so I just stood up and started talking, but could not address any specific documents.
Magistrate White then produced this 'Reasons' with the deeply cynical and deliberate attempts to;
set me up for future 'Defamation' action, and;
deny the Child Abuse Cover-up I had identified as being the primary motivation to prosecute me, and;
identifies the precedent “remedy” but then ignores it because it will result in “preventing the defendant from being prosecuted”
When this 'Reasons' was tabled in Court, I stood up and roundly abused M White; “How dare you? Who do you think you are? You don't get to say that there's no cover-up”, etc, and he just sat there.
Again, these “Malicious Prosecution/Abuse of Process” hearings and related verbal testimony, etc, proves why I need all these transcripts, and as (legally) should have already been provided to me.
This Post Script completes and supercedes the Index letter 18th March 2024.
***And there ya' go...and I haven't heard from MLC Frank Pangallo in over 3 months...(really? that's odd-Ed)...how so?..(well back in March he was so urgent, so insistent that this was time-critical, etc, and he's had plenty of time to mouth-off about all manner of other issues in Parliament, upto and including vitriolic, sycophantic support for the Zionist Israel Genocide in Gaza and the West Bank-Ed)...indeed he has...(but like we mentioned previous post on this issue, he hasn't found time to inform the Parliament or even send us an email, not diddly-squat-Ed)...no no, Frank maaate did exactly what Frank maaate does and what we knew Frank maaate would do...(make sure he's okay and then scurry-off back under 'is rock?-Ed)...precisely, Frank maaate got the info Frank needed to protect/benefit Frank and that's all Frank cares about...just another self-important, self-indulgent, selfish pro-paedophile corrupt South Australian politician...
Tomorrow: Back To MGCC's Dismantling Of Mt Gambier Tourism
So in closing we'll just make that point again...on Thursday 7th March 2024 ICAC Commissioner Ann Vanstone made a series of factually incorrect statements (on Hansard) about my ICAC Prosecution/Conviction, upto and including that ICAC played no part at all in that prosecution ...as of 2 weeks later, and at his repeated request, I had provided MLC Frank Pangallo irrefutable documented proof that those statements were untrue/incorrect/false, and when he failed to act at all, I contacted the ICAC on the 8th and 10th May 2024 to inform Comm Vanstone...Comm Vanstone has refused to acknowledge the issues, refuses to address her "patently false" statements, and is now quitting...
So at the very least, Comm Vanstone and MLC Frank Pangallo know about these errors/falsehoods/lies on the Hansard, and yet neither have seen fit to act in any way to inform the Parliament and/or correct that official public record...and I'm the one with the Criminal Conviction...there will by necessity be several more posts on this extraordinary issue...
I am Nick Fletcher and this is my blog...cheers and laters...
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