ICAC Comm Ann Vanstone Lies To Sth Oz Parliament Then Quits - Part II - Correspondence With ICAC

Howdy dear availees...I know we promised the 7-page Index of supportive documents in this post, but I thought first we might look instead at the correspondence I sent the ICAC Commissioner Ann Vanstone...(we've again included Commissioner Vanstone's Citizens Right of Reply, as read onto Hansard on 7th March 2024, for ease of comparison-Ed)...indeed, and there's a bunch of other stuff either side of the CRoR being read into Hansard, the Index, etc, so there's gunna' be multiple further posts on this extraordinary issue...lots to get through, so let's g-g-g-go...(General Language Warning ahead-Ed)...***

Citizen's Right of Reply

CITIZEN'S RIGHT OF REPLY

The PRESIDENT (17:14): I have to advise that I have received a letter from the Hon. Ann Vanstone KC, Commissioner of the Independent Commission Against Corruption, requesting a right of reply in accordance with standing order 455A. In her letter dated 28 February 2024, the commissioner considers that she has been adversely affected in her office of Commissioner of the Independent Commission Against Corruption by statements made in the Legislative Council by the Hon. F. Pangallo on Thursday 8 February 2024.

Following the procedures set out in the standing order, I have given consideration to this matter and believe that it complies with the requirements of the standing order. Therefore, I grant the request and direct that the commissioner's reply be incorporated in Hansard.

Dear President

Proceedings of the Legislative Council on Thursday, 8 February 2024

I write pursuant to Standing Order 455A of the Standing Orders of the Legislative Council, in relation to statements made in the Legislative Council by Mr Frank Pangallo MLC on Thursday 8 February 2024.

Pursuant to Standing Order 455A, I submit that I have been adversely affected in my office of Commissioner of the Independent Commission Against Corruption, and I request that this response be incorporated into Hansard.

Mr Pangallo made an allegation (1) to the effect that an article appearing in The Advertiser on 8 February 2024 regarding the investigation and prosecution of Mr John Hanlon and Ms Georgina Vasilevski was published at the behest of the Commission, the Director of Public Prosecutions or staff of the Attorney-General's Department, and that it was done in an effort to damage Mr Hanlon and Ms Vasilevski and, ultimately, to influence the outcome of legal proceedings.

This is a serious allegation to level against statutory office holders and senior public officers utilising the shield of parliamentary privilege. To my knowledge, it is not an allegation that Mr Pangallo has repeated outside of Parliament.

Moreover, the allegation is untrue, certainly insofar as it concerns me or my staff. The article in The Advertiser was published wholly independently of anything done by any person associated with the Commission.

Mr Pangallo went on to make wholly unfounded claims about, in effect, the inequitable treatment of two persons before the courts for the commission of offences against the Independent Commissioner Against Corruption Act 2012 (SA) (the ICAC Act).

Mr Pangallo contrasted the penalty imposed on Ms Stephanie Hardy for one count of breaching s 54(3) of the ICAC Act—namely, a $1000 fine—with the penalty imposed on Mr Nick Fletcher for what Mr Pangallo suggested was similar conduct in 2013. Mr Pangallo claimed that Mr Fletcher was 'shown no mercy' by the Commission, fined $500,000 and that, in fact, Mr Fletcher was only charged and found guilty due to changes made to the ICAC Act which resulted in 'capturing Mr Fletcher's offending retrospectively'.

Much of what Mr Pangallo said about the matter involving Mr Fletcher is patently false. First, Mr Pangallo has overlooked the fact that Mr Fletcher was not a public officer and was not investigated by the Commission, and nor did it play any role in his prosecution. Accordingly, the Commission was in no position to show mercy or otherwise to Mr Fletcher.

Secondly, Mr Fletcher was convicted of 22 counts of breaching the provisions of the ICAC Act which prohibit publication rather than simply dissemination of information. This is a more serious offence than that to which Ms Hardy pleaded guilty.

Thirdly, the penalty Mr Fletcher received was in the nature of a community service order and the imposition of prosecution costs, court fees and the victims of crime levy, all of which amounted to less than $3,500—a far cry from the $500,000 fine that Mr Pangallo would have the public and Parliament believe was imposed.

Finally, the amendments made to the definition of 'publish' in the ICAC Act by the Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2014 to which Mr Pangallo referred had the effect of narrowing rather than broadening the concept of publication. The then Attorney-General, the Hon. John Rau described the effect of the amendments as follows in his second-reading speech (2):

First, the Bill amends the definition of 'publish' because upon a broad interpretation of that definition, information could not be communicated person to person. The intention, which is to prevent information becoming public, will be clarified by the new definition of 'publish', consistent with the definition of 'publish' in the Evidence Act 1929 where the emphasis is on communication to the public.

Mr Fletcher published information relating to an investigation on a public blog. His conduct amounted to unauthorised publication of information both before and after the amendment to the definition of 'publish'.

In my submission, Mr Pangallo's statements regarding the cases involving Ms Hardy and Mr Fletcher amount to a breach of Standing Order 193, being injurious reflections on the Parliament of South Australia and on the courts of law in this State. They have the capacity to damage the public perception of the operation of the legal system and of the Parliament and ought to be corrected.

Yours sincerely,

Hon. Ann Vanstone KC

COMMISSIONER

(1) South Australia, Parliamentary Debates, Legislative Council, 8 February 2024, 4739 (Frank Pangallo MLC).

(2) South Australia, Parliamentary Debates, House of Assembly, 29 October 2014, 2489 (John Rau MP).

At 17:15 the council adjourned until Tuesday 19 March 2024 at 14:15.

***So the day after that CRoR being read into the Hansard, MLC Frank Pangallo contacted me, and again 5 days later, to ask then urge that I provide any documents I had that supported his claims and/or refuted Comm Vanstone's CRoR...and I did spend a full week retrieving/collating/reducing/copying. providing Frank mate...(maaate-Ed)...with the documents he requested...Frank mate told me that he needed those documents urgently because, quote, "I have to get back to the Commissioner next week"...(referring to the Parliamentary Sitting Week of 19th/20th/21st March-Ed)...well I assumed so, but that appears to be not the case as Frank mate has not yet corrected the Hansard and/or even raised the issue again in Parliament...(what about 'getting back to The Commissioner, or the fact that he has repeatedly stated that he was going to get your Trial Transcripts?-Ed)...no idea but I severely doubt it, haven't heard from mate Frank in over 3 months now... 

MLC Frank Pangallo is just another low, deceitful, self-serving Pro-Paedophile Corrupt South Australian politician...(so nothing special there then?-Ed)...no, indeed, Frank's got what Frank needs to look after Frank and frankly that's all Frank mate needs 'cos that's all Frank's interested in...(our maaate Frank Pangallo, just another Pro-Paedophile Corrupt parasite on the public purse-Ed)...when he first contacted me I went yaaaay-close to telling him to just "Fuck off Frank you bloated sack a' Pro-Paedophile Corrupt Fuckery" 'cos me and Frank have history, don't we Frank, mate, a very long and twisted history, don't we Frank, mate, and that'll get it's own post as part of this series...suffice to say that Frank Pangallo's repeatedly complicit role in the St Martins Lutheran School Child Abuse Cover-up marks him as Pro-Paedophile Corrupt...but we digress...

Having let Frank mate not do what he was never gunna' do, I eventually wrote to Commissioner Vanstone (8th May 2024) to alert her to the many gross non-truths/falsehoods in her CRoR...and it goes a li'l like this...*** 

Dear Commissioner,

I refer to your Citizen's Right of Reply as read-out on your behalf in the Legislative Council on 7^th March 2024, and as duly recorded on the Hansard.

I refer also to the original statements made in the Legislative Council by MLC Frank Pangallo (Hansard February 8^th 2024), about my prosecution under the ICAC Act 2012 Sec56 (a) & (b), to which you were replying.

In your Right of Reply you identify me by name eleven times, whilst dismissing as “wholly unfounded” and “patently false” everything that Mr Pangallo stated regarding my ICAC Prosecution and Conviction.

You refute four main claims/issues, namely:

1. that I was ever investigated by ICAC (under Comm Bruce Lander);

2. that the ICAC Act 2012 was changed in November 2014 specifically so that I could be prosecuted;

3. and therefore I was retrospectively prosecuted, starting February 2015, and;

4. that I was originally fined $540,000 (being the max $30,000 per 'Count' for 18 'Counts').

I do not know where you obtained your information, but I have extensive documentation proving that Mr Pangallo is correct in his claims.

Some of this documentation is already on the public record, eg, during my prosecution/trial it was repeatedly and extensively covered that after having me investigated (by either the Office of Public Integrity or the Ombudsman), it was ICAC Comm Bruce Lander who then also referred me directly to SAPol Anti-Corruption Branch.

That is why the total absence from the ICAC website of my name and the related very important precedent prosecution of ICAC Act 2012 Sec56 is such a concern.

A private citizen, not involved in any issue of Public Maladministration and/or Corruption, was;

1. investigated by ICAC for 'blogging' about ICAC;

2. at Comm Lander's specific, direct request then further investigated by SAPol ACB;

3. then prosecuted by SAPol under ICAC Act 2012 Sec56 (a & b) (and/or ICAC MMA 2014);

4. then 'Convicted' and fined $540,000, commuted to 260hrs of Community Service;

5. and there is nothing on the ICAC website.

Another example, the documented timeline proving that 1) the ICAC Act 2012 was specifically added-to via the ICAC Miscellaneous Ammendments Act November 2014, 2) in a manner to facilitate my prosecution, and therefore 3) I was prosecuted retrospectively.

Many of those documents were tabled as part of my evidence/testimony to the Parliamentary Inquiry into ICAC Harms and Adverse Outcomes.

This is where Mr Pangallo heard these statements/allegations, they are my statements of fact as made in person to the Inquiry, so when you accuse Mr Pangallo of making “wholly unfounded” and “patently false” claims you are accusing me.

It is important to note that the “new” definition of “To publish” in the ICAC MAA 2014 is actually the first and only definition of “To publish” in the ICAC Act, originally there was no definition at all, which is why the only potentially relevant definition for the period of my supposed 'offending' is the one you have quoted from 1929.

As it stands, the Independent Commission Against Corruption, even if acting in good faith by reproducing false information as provided by others, has mis-led the Parliament multiple times.

I quote this closing excerpt from your Citizen's Right of Reply:

In my submission, Mr Pangallo's statements regarding the cases involving Ms Hardy and Mr Fletcher amount to a breach of Standing Order 193, being injurious reflections on the Parliament of South Australia and on the courts of law in this State. They have the capacity to damage the public perception of the operation of the legal system and of the Parliament and ought to be corrected.

Please contact me should you require any further assistance.

Yours, Nick Fletcher.

****And this is the Commissioner's reply, received the next day, 9th May 2024...***

I acknowledge receipt of your email correspondence dated 8 May 2024.

You may wish to raise the issues ventilated in your email with the Inspector.

The Inspector has the power to investigate complaints against the Independent Commission Against Corruption. Complaints can be lodged online on the Inspector’s website (www.inspector.sa.gov.au) or via email (Inspector@sa.gov.au).

The Inspector can also be contacted by post:

The Inspector

GPO Box 2371

ADELAIDE  SA  5001

Yours faithfully

***And obviously that just ain't gunna' cut it, so I wrote again on the 10th May 2024...***

Dear Commissioner

I refer to my original letter to you (8^th May 2024) about the many “patently false” statements you made to the South Australian Parliament in your Citizen's Right of Reply as read in Parliament on your behalf, on 7^th March 2024, and therefore recorded on the public record, the Hansard.

In that 'Reply' you named me eleven times whilst refuting/denying multiple matters of fact relating to my being investigated by ICAC, prosecuted by SAPol and then convicted via legislation that had been changed, and fined $540,000 commuted to Community Service, all under the ICAC Act 2012 Sec56 (a) and (b) (MAA 2014).

You described these matters of fact as being “wholly unfounded” and “patently false”.

In my letter I briefly explained the facts as they relate to your 'Reply', explaining therefore how and why it is your statements that are “patently false”, and directing you to where the facts may be accessed, eg, in my trial transcript.

For the record, I include your email response received at 1520hrs on 9^th May 2024;

Dear Mr Fletcher

I acknowledge receipt of your email correspondence dated 8 May 2024.

You may wish to raise the issues ventilated in your email with the Inspector.

The Inspector has the power to investigate complaints against the Independent Commission Against Corruption. Complaints can be lodged online on the Inspector’s website (www.inspector.sa.gov.au) or via email (Inspector@sa.gov.au).

The Inspector can also be contacted by post:

The Inspector

GPO Box 2371

ADELAIDE  SA  5001

Yours faithfully

The Hon Ann Vanstone KC

Commissioner

INDEPENDENT COMMISSION AGAINST CORRUPTION

Level 9, 55 Currie Street

GPO Box 11066, Adelaide, SA 5001
www.icac.sa.gov.au 

The information in this e-mail is confidential. It is intended solely for the addressee. Any unauthorised disclosure, copying, or distribution of the information may be prohibited by section 54 of the Independent Commission Against Corruption Act 2012.

I do not understand why you have ignored addressing these “patently false” statements you have made to the Parliament, and instead referred me to the Inspector.

I agree that former Commissioner Bruce Lander's conduct during his entire tenure is certainly something that should be investigated, via a genuinely Independent Public Inquiry, but the issue here is that you the current Commissioner have mis-led the Parliament, and that is an issue that only you the Commissioner may resolve.

You give no indication that you have reviewed the evidence I directed you to, or that you intend to access/review that evidence, nor that you intend to go back to the Parliament and, on the public record, correct the “patently false” statements you have made on the public record.

You seem unsurprised by my letter and entirely unconcerned that you have mis-led the Parliament, and apparently have no intention of correcting your “patently false” statements.

Your response seems to indicate that you already knew before I informed you that your statements to Parliament were untrue, and therefore potentially knew when you made them, and that you have therefore potentially deliberately mis-led the Parliament.

You have, on the public record, forever directly connected my name to numerous 'allegations' that you the ICAC Commissioner have dismissed as being “patently false” and “wholly unfounded”, which are just polite but very specific ways of saying lies; it is entirely not true and not even based/founded on something true, it is lies.

Again, I do not understand how you can be made aware of the many serious mis-truths you have placed on the public record, then fail/refuse to even acknowledge those mis-truths, let alone immediately commit to rectifying the public record.

I ask that you reconsider your position and act immediately to rectify the mis-truths you have placed on the public record.

Yours,

***And so that was on 9th May 2024...the Commissioner did respond, sortta', eventually, sending this email/letter on 17th May 2024...***

Dear Mr Fletcher

Further to your email below, please find Commissioner Vanstone’s response.

Regards

(***Can't get the attached letter to copy so I've had to write it out myself, thusly...***)

I refer to your correspondence 8 May 2024 and 10 May 2024.

I do not intend to reconsider my views.

In the future, correspondence from you regarding these matters will be noted, but no response will be sent.

As advised in my email of 9 May 2024, you are welcome to raise these issues with the Inspector.

Yours faithfully.

***So there ya's go, I "ventilated" the livin' shreck outta' massive and damning errors made by the state's top legal figure, recorded Forever On The Public Record (FOTPR), and said legal eagle refuses to even acknowledge the many issues/errors...(so how many  of these sortta' "I'm not responding to you" official letters do we have now?-Ed)...counting this one? dunno', across ICAC and the St Martins Lutheran School Child Abuse Cover-up, well into double figures...(it's not really appropriate is it for State politicians and/or public officials to just ignore you, officially, rather than acknowledge what you're sayin' and act to address/resolve those issues-Ed)...indeed...(hey remember when you proved "Abuse of Process" and Magistrate Anderson "recused" herself, etc, during your "bizarre trial" and somehow, someway, but as never explained to you, a 'new Magistrate' was miraculously manifested-Ed)...how could I forget...(and yet, when you wrote to the same corrupt public officials, eg, Attorneys-General Labor's John Rau and/or Liberal Vicki Chapman, nobody was 'allowed to interfere'-Ed)...yes, when it comes to screwing-over Nick Fletcher anything and/or everything is possible, but heaven forbid that the same corrupt clowns address the many gross failings/illegalities in my persecution/prosecution... 

So ICAC Commissioner Ann Vanstone is really only continuing the fine South Australian Legal/Political Tradition of Get Nick Fletcher At Any Cost, entirely unrestrained by appropriate application of The Law...

Tomorrow: The 7-Page Index

As described above, I spent a full week putting together a dossier of documents with related 7-page Index for Frank, mate, and what he's done with that is as good your guess as mine 'cos I ain't heard diddly-squat in over 3 months...(well like we said, Frank mate's got what Frank mate needs to protect Frank mate, so, um, Fuck You Hippy-Ed)...seems to be the plan, sure...

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

ICAC Comm Ann Vanstone Lies To Parliament, Refuses To Correct Hansard, Then Quits

Howdy dear availees...ya' know how we here at TMGI have been bangin'-on about some mysterious but allegedly massive issue that we weren't sure how to handle it?...(yes we have been doin' that quite a bit-Ed)...well today any course of action I might have considered, and again, not really any idea what if any 'actions' were exactly ever available to me/us...(which is why we were stuck-Ed)...precisely...well as given away in the title, today Wednesday 10th July 2024 it was reported that ICAC (Independent Commission Against Corruption) Commissioner Ann Vanstone is quitting...(but why? you may well ask-Ed)...well I've got a fair idea, somewhat given away again in the title of this 'ere post...

So this is gunna' start with 3 specific posts, being this 'ere one what you is readin' right now, and as concurrently posted with 2 others covering the Index of Documents that I provided to MLC (Member Legislative Council - Upper House of Sth Oz Parliament) Frank Pangallo after he contacted me and asked me to help him...but that's gettin' in the cart before we've even shoed the horse, so first things first, here's what my mate Frank...(maaate-Ed)...had to say in the Parliament...(and therefore recorded for posterity in the Hansard, the official Parliamentary record-Ed)...exactly, as said by Frank, Forever On The Public Record...(why have you put capitals on "Forever On The Public Record"?-Ed)...'cos it's a phrase that we're gunna' be usin' alot, and it's an actual thing, this isn't just some inconsequential stuff that was just said wherevs, whatevs, it was in the Parliament and is now therefore FOTPR...

Below here is the link to and a direct cut-'n'-paste from the Hansard of the South Australian Parliament, the Legislative Council, 8th February 2024...*** 

https://hansardsearch.parliament.sa.gov.au/daily/uh/2024-02-08

The Hon. F. PANGALLO (14:31): I seek leave to make a brief explanation before asking a question of the Attorney-General about the ICAC investigation into John Hanlon.

Leave granted.

The Hon. F. PANGALLO: Today's Advertiser carries a story about ICAC's secret surveillance tapes, made during the bugging of the office of former Renewal SA boss John Hanlon. No secret: they were in the inspector's report tabled last year. The conversations published appear to be another attempt by ICAC, the DPP or the Attorney-General's Department to further smear Mr Hanlon and his former senior colleague Georgina Vasilevski and derail mediation, which is about to start in a civil action by Mr Hanlon. No mention is made anywhere in the article of the most damning findings by the inspector of institutional maladministration by ICAC while he conveniently absolved individuals responsible for the botched investigation.

Only in the last lines is it mentioned that neither Mr Hanlon nor Ms Vasilevski were convicted of any offence and entitled to the presumption of innocence. Neither a court, the inspector nor ICAC have ever seen Mr Hanlon's substantive defence to the charges levelled against him—only the DPP, and when they were viewed they folded. In an obvious plea deal to get something from nothing, former Renewal SA worker Stephanie Hardy pleaded guilty to unlawfully disclosing the ICAC investigation to Mr Hanlon and Ms Vasilevski, which was also caught on the secret surveillance tapes. She was not convicted. She walked away with a $1,000 fine.

So, after a costly exercise leaving ICAC humiliated and facing civil damages, not one person has been or will be convicted of anything. Compare this to a similar matter of Mr Nick Fletcher, a pensioner in the South-East, publishing information about an investigation in an obscure blog in 2013. The definition of 'publish' was so broad that, when Mr Fletcher tried to get clarification, the government of the day instead moved to quickly fix it in 2014, capturing Mr Fletcher's offending retrospectively. No mercy was shown to Mr Fletcher, nor a plea deal. He was convicted and the fine was $500,000—500 times that handed to Ms Hardy, with no conviction. My questions to the Attorney are:

1. Can the Attorney explain the chasm between these two offences, and was he aware of the plea deal?

2. Can he assure the chamber that the timing of the story as mediation begins wasn't the result of tip-offs from either his department, the DPP or ICAC?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:34): I thank the honourable member for his question. In relation to a sentence or a fine imposed by a court, as I have answered questions from the opposition before, it is, as it should be, properly a matter for a court.

If a sentence is thought by the prosecuting authority, whether it be the police or the DPP, to be too lenient, there is usually an option to appeal the sentence that is given in a court. If a defendant considers a sentence or a fine manifestly excessive, there is always the possibility that can be appealed in a court as well. I have not taken the habit—and I am not going to start the habit today, I am afraid, Hon. Mr Pangallo—of commenting on why a court imposes a fine within the bounds of what we set down in parliament.

In relation to the honourable member's second part of the question that relates to a story in The Advertiser, I have seen the headlines. I have not read the story myself. I have had no suggestion that anywhere from government had anything to do with the publication of a story at all. The headline is all that I know about that story. I am not aware of any suggestion, apart from what has been raised today in parliament, that there was anything from government that had anything to do with any story in any media right now about the Hanlon case.

***(Strewth!-Ed)...you and me both cobber...as regular availees will have already deduced for y'allselves, mate Frank got that info from the testimony and documents I travelled to Adelaide to personally present to his 'ICAC Harms and Adverse Outcomes' Inquiry, aways back in 2021...(and as posted on this 'ere blog under posts "My ICAC Testimony Parts 1-4"-Ed)...and of course Frank didn't print a single word of my document-supported testimony in his precious Inquiry's Final Report...(but that hasn't stopped him slingin' it about as and when it suits him-Ed)...indeed not, didn't contact me before doing this, didn't contact me afters to just let me know what he'd done...(but I thought you said that he did contact you, asked you to send him stuff, etc?-Ed)...well spotted, 'cos yes maaate Frank did contact me, but only after this (below) happened... 

Below is the link to and a cut-'n'-paste copy of ICAC Comm Ann Vanstone's Citizens Right of Reply, as read onto the Hansard on 7th March 2024, and therefore?...(FOTPR?-Ed)...exactly...if ya' wanna know more about what a CRoR is, here's the link, followed by the Hansard link...***

https://www.parliament.sa.gov.au/en/House-of-Assembly/Citizens-Right-of-Reply

https://hansardsearch.parliament.sa.gov.au/daily/uh/2024-03-07

Citizen's Right of Reply

CITIZEN'S RIGHT OF REPLY

The PRESIDENT (17:14): I have to advise that I have received a letter from the Hon. Ann Vanstone KC, Commissioner of the Independent Commission Against Corruption, requesting a right of reply in accordance with standing order 455A. In her letter dated 28 February 2024, the commissioner considers that she has been adversely affected in her office of Commissioner of the Independent Commission Against Corruption by statements made in the Legislative Council by the Hon. F. Pangallo on Thursday 8 February 2024.

Following the procedures set out in the standing order, I have given consideration to this matter and believe that it complies with the requirements of the standing order. Therefore, I grant the request and direct that the commissioner's reply be incorporated in Hansard.

Dear President

Proceedings of the Legislative Council on Thursday, 8 February 2024

I write pursuant to Standing Order 455A of the Standing Orders of the Legislative Council, in relation to statements made in the Legislative Council by Mr Frank Pangallo MLC on Thursday 8 February 2024.

Pursuant to Standing Order 455A, I submit that I have been adversely affected in my office of Commissioner of the Independent Commission Against Corruption, and I request that this response be incorporated into Hansard.

Mr Pangallo made an allegation (1) to the effect that an article appearing in The Advertiser on 8 February 2024 regarding the investigation and prosecution of Mr John Hanlon and Ms Georgina Vasilevski was published at the behest of the Commission, the Director of Public Prosecutions or staff of the Attorney-General's Department, and that it was done in an effort to damage Mr Hanlon and Ms Vasilevski and, ultimately, to influence the outcome of legal proceedings.

This is a serious allegation to level against statutory office holders and senior public officers utilising the shield of parliamentary privilege. To my knowledge, it is not an allegation that Mr Pangallo has repeated outside of Parliament.

Moreover, the allegation is untrue, certainly insofar as it concerns me or my staff. The article in The Advertiser was published wholly independently of anything done by any person associated with the Commission.

Mr Pangallo went on to make wholly unfounded claims about, in effect, the inequitable treatment of two persons before the courts for the commission of offences against the Independent Commissioner Against Corruption Act 2012 (SA) (the ICAC Act).

Mr Pangallo contrasted the penalty imposed on Ms Stephanie Hardy for one count of breaching s 54(3) of the ICAC Act—namely, a $1000 fine—with the penalty imposed on Mr Nick Fletcher for what Mr Pangallo suggested was similar conduct in 2013. Mr Pangallo claimed that Mr Fletcher was 'shown no mercy' by the Commission, fined $500,000 and that, in fact, Mr Fletcher was only charged and found guilty due to changes made to the ICAC Act which resulted in 'capturing Mr Fletcher's offending retrospectively'.

Much of what Mr Pangallo said about the matter involving Mr Fletcher is patently false. First, Mr Pangallo has overlooked the fact that Mr Fletcher was not a public officer and was not investigated by the Commission, and nor did it play any role in his prosecution. Accordingly, the Commission was in no position to show mercy or otherwise to Mr Fletcher.

Secondly, Mr Fletcher was convicted of 22 counts of breaching the provisions of the ICAC Act which prohibit publication rather than simply dissemination of information. This is a more serious offence than that to which Ms Hardy pleaded guilty.

Thirdly, the penalty Mr Fletcher received was in the nature of a community service order and the imposition of prosecution costs, court fees and the victims of crime levy, all of which amounted to less than $3,500—a far cry from the $500,000 fine that Mr Pangallo would have the public and Parliament believe was imposed.

Finally, the amendments made to the definition of 'publish' in the ICAC Act by the Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2014 to which Mr Pangallo referred had the effect of narrowing rather than broadening the concept of publication. The then Attorney-General, the Hon. John Rau described the effect of the amendments as follows in his second-reading speech (2):

First, the Bill amends the definition of 'publish' because upon a broad interpretation of that definition, information could not be communicated person to person. The intention, which is to prevent information becoming public, will be clarified by the new definition of 'publish', consistent with the definition of 'publish' in the Evidence Act 1929 where the emphasis is on communication to the public.

Mr Fletcher published information relating to an investigation on a public blog. His conduct amounted to unauthorised publication of information both before and after the amendment to the definition of 'publish'.

In my submission, Mr Pangallo's statements regarding the cases involving Ms Hardy and Mr Fletcher amount to a breach of Standing Order 193, being injurious reflections on the Parliament of South Australia and on the courts of law in this State. They have the capacity to damage the public perception of the operation of the legal system and of the Parliament and ought to be corrected.

Yours sincerely,

Hon. Ann Vanstone KC

COMMISSIONER

(1) South Australia, Parliamentary Debates, Legislative Council, 8 February 2024, 4739 (Frank Pangallo MLC).

(2) South Australia, Parliamentary Debates, House of Assembly, 29 October 2014, 2489 (John Rau MP).

At 17:15 the council adjourned until Tuesday 19 March 2024 at 14:15.

***(..............-Ed)...I know right?...(......I mean......it......why?-Ed)...mate, ask me a question that answers itself, 'cos I just don't know...(especially the stuff about 'ICAC definitely didn't have anything to do with investigating and/or prosecuting Nick Fletcher'-Ed)...yeah mate, like I said, I dunno' why the     Commissioner has come-back so hard about my persecution/prosecution...(it's just so...she names you 11 times...wow and strewth just don't seem adequate-Ed)...and I tell a gentle half-lie, 'cos I do know why, I just don't understand why...(I mean, nowhere has maaate Frank actually accused the ICAC of doing anything to you and/or about you-Ed)...indeed...(in fact, the only one's he's havin' a go at is the government/Labor-Ed)...yep...('they changed the legislation, etc'-Ed)...sure...(and then he mentions the Court stuff, 'no mercy, conviction, fines, etc'-Ed)...keep going, you'll get there...(so why is the Commissioner furiously denying something that she/ICAC has not actually been accused of-Ed)..............(ohhhhhh, the Commissioner is denying an accusation that hasn't been made-Ed)...bingo...

The ICAC Commissioner is furiously denying an accusation that hasn't actually been made.

The classic tell of a guilty mind...I do not know why ICAC Comm Ann Vanstone has felt so driven to deny this accusation that was never made, but I am bewildered as to why she would then choose to make these "wholly unfounded" and "patently false" statements about what ICAC did and/or didn't do...(and not least of all bewildering in that her statements are immediately proven false by the litany of documents, including extensive sections of Trial Testimony, etc, currently already in the hands of Authorities-Ed)...absolutely, that's what's so bizarre, denying an accusation that hasn't been made with lies easily, immediately proven to be "patently false"...  

Here's a transcript of what was reported on ABC Radio SE (news service via Adelaide) at 0700hrs 21st March 2024, for some reason 2 weeks after the fact...***

The Head of the Independent Commission Against Corruption has descried claims made about the agency by an Independent MLC in State Parliament as patently false.  In a Citizen’s Right of Reply tabled in State Parliament, Commissioner Ann Vanstone QC says she had been adversely affected in a speech by Frank Pangallo in the Legislative Council in February.  He’d referred to a newspaper article saying it contained detail to further smear the reputation of former Renewal SA boss John Hanlon and his colleague Georgina Vasilevski.  Ms Vanstone says Mr Pangallo also made patently false remarks about the conviction of Nick Fletcher for 22 counts of breaching the ICAC Act.  Mr Pangallo told Parliament Mr Fletcher was fined $500,000.  Ms Vanstone’s Right of Reply says Mr Fletcher was charged $3,500 for prosecution costs and received a community service order.

***And maaate Frank did contact me by phone on Friday 8th March and asked that I provide him any documentation in my possession such that he might defend these "patently false" statements by ICAC Comm Vanstone...and we'll get into that in coming posts...

Tomorrow: My 7-page Index For MLC Frank Pangallo

If I had to hazard a guess, and at this stage it is still very much a guess, but I'd reckon that Comm Vanstone has gone to the ICAC filing cabinet and found it to be entirely uncontaminated by any mention of a certain 'Nick Fletcher'...(perhaps it was under 'Mr Bastard'? perhaps she should look there?-Ed)...very amusing I'm sure, but the immediate implications are deeply sinister and massively concerning...

Because at face value, it looks like former ICAC Comm Bruce 'Brews Slander' Lander has conducted a 'Secret Investigation' of a private citizen, moi, a 'Secret Investigation' for which there is no 'official' paperwork...(never was?-Ed)...who knows, whatevs, and then that 'Secret File' has likely gone in maaate Bruce's pocket when he's shot-through...

At face value, it looks like ICAC has done a 'Secret Investigation' of a private citizen...and if ICAC has done this to me, then to how many others?...how many other 'ICAC Secret Files on Private Citizens' existed under maaate Bruce?...(or still exist?-Ed)...indeed, has maaate Bruce passed-on info from his illegal 'Secret Investigations' to others, eg, his politician mates for them to use?...

It's all pointless speculation until ICAC Comm Ann Vanstone is held to account for her extraordinary lies...and I call them lies 'cos I've contacted ICAC Comm Vanstone, twice, and very, very politely pointed-out that she has "Mis-led the Parliament", but she ain't havin' a word of it and, as the title states, has refused to correct her 'lies'...

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

 

Is Mt Gambier City Council Trying To Destroy Tourism Here?

Howdy dear availees...can't believe it's been another month since our last post, but whatevs, we're here now, so let's go...(if I may?-Ed)...sure, fire away...(well we've still been busy, least-ways you have, over at TMGI Facebook page and with that other rather humongous issue looming over the horizon-Ed)...yes indeed, that is true, and we will eventually get to that, but that's literally The End Of The Line for that particular freight-train...(yeahhh, leaving the actual issue to one side for a moment, what's at the end of the line?-Ed)...dunno', for all I know we're The End of the Line...(oh really? I thought we were the freight-train?-Ed)...we well coould be, I just couldn't say really...(so that's the teaser then?-Ed)..."the teaser"?...(yeah, the teaser, the partial reveal, the intrigue-laced carrot you're dangling before dear availees of this 'ere blog to entice them further forward, further down the rabbit hole, as it were, the teaser is that something might happen soon about that thing-Ed)...well 3 things, firstly, dear availees are neither donkeys nor bunnies, and secondly, nobodies gettin' lured nowhere they don't wanna' go, and thirdly, yeah, it remains to be seen just exactly who's playin' what roles in this particular theatre of the absurd...

Disclaimer, sort of, because yet again I literally have Skin in the Game...(in the Cave in this instance-Ed)...indeed, 'cos more than once did I scrape my knuckles on various locks, rocks, and gravels in The Pit...(aha, nice one, 'Lock, Stock and Barrels', nice-Ed)...well spotted sir, but yeah, when I first moved to Mt Gambier in the late 1990s, a parking ticket eventually caught-up with me in the form of a Summons/Warrant/thingy...basically, I was offered the choice of several days in gaol or doing 1 day less time via Community Service...(aaand?-Ed)...aaand, thusly, I ended-up at the Lifeline warehouse, and after continuing-on as a volunteer, I was soon approached and asked if I would consider volunteering as a guide at Engelbrecht Cave...(ah yeah, 'cos Lifeline were running it aways back then, weren't they?-Ed)...indeed, and so yea and verily did it come to pass that I became a volunteer cave guide at Engelbrecht Cave nearly a quarter century ago...

(And if I may say so, you were a most excellent guide-Ed)...indeed, thanks...(hey, remember that time that couple hung-back after a tour and the lady pssst pssst to the gentleman and then he reached into his pocket, stepped forward and offered his hand shake, only to drop $20 into ya' hand?-Ed)...oh yeah...(and when you said 'thanks, there's the donations tin', he said, "no mate, that's for you, for doing what you're doing"-Ed)...yeah, it was very uplifting/affirming...(and what did you do with that $20?-Ed)...well, not to disrespect that generous couple, but when they left I dropped it in the donations tin...(and why?-Ed)...'cos that's why I was there, not for me as such, but to help fund-raise for Lifeline...(and 'cos that's just how you are-Ed)...guess so, whatevs, we digress...

At that time, a day volunteering (always solo) started by fetching the keys and cash box from Andami across the highway there at 0800-0900hrs, doing a quick 'round the external perimeter check, then down The Pit to open various padlocks/doors, check for any lighting faults/rock-falls/etc, then back-up to open and greet visitors, then do 6-8 tours a day, one an hour, including a brief movie at the end, politely encourage 'donations for Lifeline', then do the next tour...(then move your brothers' coat to a lower peg, Monty Python-style-Ed)...pretty much...including the opening/closing, it was up and down 8-10 times whilst constantly talking to groups of people, etc...(it's getting it to shut-up that's the trick-Ed)...ahaha, nice Shreck reference...I make this point specifically to illustrate 1) who I was capable of being then...I sortta' remember that person but not sure I can be that person now...(or indeed, ever again-Ed)...indeed, or ever again...also 2) that when I cut-crook about this specific issue/incident, yet again it is from a foundation of extensive knowledge gained through a lived experience, and in response to, and as seen through, the intense trauma/anger I witnessed last week...

So, in their infinite wisdom Mt Gambier City Council have decided to shut-down yet another thriving Mt Gambier Tourism Operation (MGTO), the very popular Engelbrecht Cave Tours & Cafe (ECTC)...("infinite wisdom"? I thought you said that it was one of the most moronic and basely corrupt pieces of bureaucratic bastardry you'd ever seen?-Ed)...orrr yeah, I did say that...(you went on to say, and I quote, "and that's from a pack a' moronic, base, corrupt, bureaucratic bastards who specialise in this sort of egregious bastardry"-Ed)...yeah, but "specialise" is probably the wrong word, 'cos their rancidly corrupt and community-destructive conduct is really more about the fact that they just can't do any better, MGCC are just low, selfish dullards who simply are not capable of doing any better...

And I'll leave it to Joe Average MGCC employee to evaluate themselves and where it is exactly they sit in this pantheon of self-interest and incompetence, 'cos, as per usual, it's always the relatively decent people, peeps just tryin' to do their jobs as best they can, etc, who get caught-up in the self-serving corruption of MGCC Councillors and Senior Staff...and so it is in that exact context...(you mean with your usual intense focus on not draggin' others into the quagmire of Institutionalised Corruption-Protecting Retribution as defined by your actual experience/life?-Ed)...yeah, all that...(and as done with your usual genuine politeness 'cos that's just how you are-Ed)...sure sure, whatevs... 

So I did what I had wanted to avoid, had tried to avoid, and I went to the Final Day at Engelbrecht, and oh boy...(pretty full-on?-Ed)...let's just put it this way, the abject hatred towards MGCC was not just palatable, it was widely, loudly audible...(yeah, we know what you think/say, but what were other peeps sayin'?-Ed)...very amusing I'm sure, but of course I'm talking about the other peeps who were there, the raw emotion and the discussions, etc, were entirely unavoidable...(yeah, I don't think 'Trauma' is too strong a word-Ed)...yeah, perfect, the Collective Trauma of Ms Coleman, her (now former) employees, and the many, many well-wishers was quite overwhelming...and amongst all of that, Ms Coleman and her staff were still running tours...(I doffs me hat to 'em all-Ed)...indeed, and a measure of the gaping chasm between decent people just tryin' to do there level best for the broader community, and what MGCC does...

Nobody asked me to go there, nobody asked me to be involved, the few people I approached/spoke to were politely co-operative, but the vast majority of what I know about this comes from discreetly pseudo-eavesdropping multiple conversations...("pseudo-eavesdropping"?-Ed)...yeah, well, not strictly intended or orchestrated, but more sortta' what happens when one tries to stay the shreck outta' the way but it's in a very small space and these conversations are just goin'-off around ya'...(dude, ya' just can't do things the easy way can ya'?-Ed)...yes, well, being intensely aware of and concerned with how my actions affect others, yeah, there is seldom a simple way...(fair dues-Ed)...and so it came to pass that I'd long heard everything I needed to hear to confirm my thoughts/beliefs before I had a brief chance to offer Ms Coleman my condolences, etc...

But back to the pseudo-eavesdropping...peeps just kept askin' Ms Coleman the same questions...'But why are you now closing?...'But I thought you were staying open?'...'Why isn't Council renewing your lease now?'...and various iterations there-abouts...and it was the undisguised distress/trauma in Ms Coleman's voice/demeanour, especially about the impending unemployment of her staff, and that same sense from everyone around her, it was clearly not her decision to shut-down her business...just for the record, here's what I've already posted on TMGI Facebook...(oh, and a bittuva' Language Warning for laters in this post, just so ya's know-Ed)...***

One might be forgiven for thinking that Mt Gambier City Council was acting to shutdown Tourism in Mt Gambier.

Having done their level best to destroy the world-renowned Aquifer Tours, now they've royally shafted the operators of Engelbrecht Cave, which, as of Monday (1st July 2024) is now closed to the public, with no identified re-opening date.

And MGCC's vacuous rhetoric and aligned half-arsed reportage of the issue would have y'all believe that the closure is directly related to the retirement of the operator.

From my extensive researching, it is clearly yet another case of MGCC manipulating/deceiving/gaslighting Ratepayers as nobly supported by the sycophantic courtiers that are the Mt Gambier media.

MGCC definably wanted that site closed and used the Lease Renewal or rather their refusal to renew the Lease as their convenient excuse.

At first I thought it was just another rancidly corrupt attempt to hand a thriving business to one of their family/friends, like they tried with the Golf Club, but I'm afraid the actual reality may be far, far worse.

And yes, it does directly relate to the Farcical Aquatic Recreation Centre (Wulanda) debasco (debacle/fiasco) as indeed will every other MGCC/Ratepayer related issue for the next century.

Soon (October 2024?) MGCC is also going to 'close' the Tourism Kiosk at the Umpherston Cave, same 'excuse', the Lease runs out.

I'll do a long-form explanation on TMGI The Blog, just give me a coupla' days.

***That was posted several days ago, and actually refers to this 'ere post, but then, on Friday 5th July 2024) MGCC strapped a shark to some waterskis and jumped it over Henry Winkler...which I Facebook-ed thusly...***

Just reported on ABC SE Radio, Mt Gambier City Council is 'half-closing' the Lady Nelson Visitor Centre, and instead is going to run their main Tourism Information site outta' the Main Corner/Riddoch Art Gallery/whatevs.

And always the wholly complicit MGCC-mouthpiece, the ABC's deliberate gaslighting deceit of Mt Gambier's long-suffering Ratepayers continues unabated.

The 3 other sites mentioned, Blue Lake (Aquifer Tours), Engelbrecht & Umpherston are now apparently going to be 'Tourism Info Sites, to be referred to as "spokes".

MGCC is supposedly in the process & getting TIS staff for Engelbrecht by mid-July and October at Umpherston but I don't know where any of these jobs have been advertised.

And in the interview just played, MGCC's Barbara Cernovskis straight-out lied about MGCC's actions, completely gaslighting Ratepayers about MGCC's appalling treatment of the Engelbrecht Cave operators/employees.

"...we found ourselves in a position where Jan gave us notice."

And that's a bare-faced, straight-out lie that goes completely unchallenged.

MGCC didn't 'find' themselves anywhere, they deliberately manipulated and forced this outcome.

Barbara knows it's a lie and the ABC know it's a lie 'cos they've spoken to at least some of the same people I have.

'Engelbrecht Cave' was 100% set to continue as a thriving business and it was MGCC that ended the Lease, despite lengthy 'negotiations', and with only weeks actual notice to Jan.

And not one red cent in compensation for having her thriving business ripped away from her and destroyed.

Apologies that I haven't got to the long-form post on TMGI The Blog yet, been down with a cold/flu thingy, but now it's gunna' be extra brutal.

I'm sick and tired of being lied to.

Cheers, Nick.

***And almost like they're reacting to the furious public backlash MGCC have suddenly announced this 'Hub and Spokes' bollocks, and garnished that nonsense with blatant lies...(I don't recall this 'Hub-Spokes' thingy being mentioned a coupla' weeks back when this closure was first announced-Ed)...indeed, if it was even mentioned, it was done very quietly 'cos I didn't hear it either...and Barbara Cernovskis straight-out lied about that Engelbrecht Lease being "Jan gave us notice" and the Lease/site was 'handed back to Council' as opposed to the damning reality...(the reality that Ms Coleman, despite her extensive efforts to keep the site/business operational after her departure, instead had her hard-earned profitable business employing 4 people ripped-out from under her by a rancidly corrupt MGCC? that reality?-Ed)...yeah, that reality...here's MGCC's wholly deceitful official statement from their website...***

New visitor servicing model for Mount Gambier
04 July 2024

City of Mount Gambier Strategic Development & Visitor Economy Coordinator Amanda Stevens at Engelbrecht Cave.

City of Mount Gambier will begin to implement a ‘hub and spoke’ visitor servicing model from mid July 2024. The concept involves a Visitor Centre Hub to be located at the main corner entrance of the Riddoch building on Commercial Street, with spoke sites at Engelbrecht Cave, Umpherston Sinkhole/Balumbul, the Blue Lake Welcome Centre and the Lady Nelson.

Council acknowledges that tourism has changed significantly since the Lady Nelson Visitor and Discovery Centre opened on Jubilee Highway East in 1986, and has endorsed a position to grow the city’s visitor economy by changing the way travellers experience and contribute to Mount Gambier.

“Mount Gambier’s destination appeal is strong, and the time is right to consider the long term direction for visitor servicing in our city,” General Manager City Infrastructure Barbara Cernovskis said.

This model represents a paradigm shift in the way we grow our visitor economy, one that prioritises traveller engagement with our visitor servicing team, industry connection and environmental stewardship.

“When current Engelbrecht Cave licensee Jan Coleman gave us notice that she was handing back the keys at the conclusion of her lease at the end of June, Council decided to activate this site - one of our highest visited tourism sites - as the first ‘spoke’."

The spoke site will be the first transition site of the hub and spoke model and provide cohesive storytelling, digital and physical visitor information and will be accessible to travellers seven days a week.

“Council will provide visitor servicing, tour guide experiences, Mount Gambier branded merchandise and light refreshments.”

“A business development and implementation plan will guide the roll out and we will take a phased approach to the changes at the site. This will enable us to closely measure how things are going with the new model to inform our decision making and ensure best practice,” Ms Cernovskis said.

Under the new visitor servicing plan, the Blue Lake Welcome Centre and Umpherston Sinkhole/Balumbul will follow as spoke sites.

“Umpherston Sinkhole/Balumbul Kiosk operator Julie Holdsworth will retire at the end of her lease in October, and Umpherston Sinkhole/Balumbul will then be included as a spoke visitor servicing site.”

“Our priority is to ensure presence of visitor servicing at Engelbrecht Cave and Umpherston Sinkhole/Balumbul to facilitate a smooth transition back to Council’s care and control. The Blue Lake Welcome Centre will remain a spoke site and continue to operate in its current capacity for now, with consideration to future increased activation at this site aligned with higher visitation periods.”

Changes to the service model means that the current visitor centre at the Lady Nelson site will be repurposed, aligned with the Community Land Management Plan. Council is currently preparing a call out for Expressions of Interest (EOI) to seek community activation of the site, with a view to house the city’s creative industries and/or historic collections.

View the Visitor Servicing Model FAQs.

***And that's a straight-out lie, a bare-faced...base...lie...and Barbara Cernovskis knows it...in fact, it's not one single lie, it's a series of lies, each needed to try to justify/excuse/gaslight-explain why the other lies aren't lies, if that makes sense...(yeah yeah, lies to justify/explain further lies, etc-Ed)...“When current Engelbrecht Cave licensee Jan Coleman gave us notice that she was handing back the keys at the conclusion of her lease at the end of June, Council decided to activate this site - one of our highest visited tourism sites - as the first ‘spoke’."

As I understand it and as I'd be more than prepared to defend in any forum, preferably a very public one, the fact is that Mt Gambier City Council deceived and manipulated Ms Coleman and her employees right-up until refusing to renew the Lease and dumping Ms Coleman, her 'replacement', and those 4 employees only weeks before they were set to continue with the new operator.

There was a clearly defined and organised plan in place that ensured seamless transition from Ms Coleman to the new operator/s, ensured continuing employment, etc, and MGCC knew/know that, and deliberately stalled/rooted-about and lied and deceived until suddenly ripping-away that Lease.

In every conceivable context, if every single person I have spoken too and/or heard, if every single one of them was lying about every single thing that I have heard, then and only then does Barbaras'/MGCCs' blatant lie become the truth. 

(And yet another graphic illustration of just how pro-MGCC complicit the Mt Gambier 'media' are, this half-arsed reporting that carefully doesn't explain the exact situation, the actual facts, but disingenuously gaslights MGCC Ratepayers on behalf of MGCC-Ed)...exactly, and it's really just so far beyond sloppy, incompetent journalism, because it's deliberate...but I knew before I spoke to Ms Coleman, from the way her voice kept breaking when interviewed by the ABC and the sense of upset and guilt about making her employees suddenly un-employed, all of that...from that moment, before I had spoken to anyone, I knew that she had not made the decision to close the business, I knew already that Ms Coleman had been evicted/shutdown/whatevs by MGCC, I knew that this clearly disastrous bastardry was yet another act of treacherous fuckery by a wholly corrupt Mt Gambier City Council...

And nobody I have spoken too and/or overheard, nothing I've read, nothing that I thought I knew and indeed now know to be true, not one single grain of truth has washed-back against the unrelenting tide of facts that make MGCCs' actions anything other than deceitful, treacherous bastardry.

I believe that Mt Gambier City Council should compensate Ms Coleman for destroying her business, compensate the incoming operator, and compensate those four employees they dumped...and I'm gunna' pull stumps here but immediately set into a second post that covers this more thoroughly...

Tomorrow: MGCC Lie To Ratepayers Like It's Their Job

Oh, and if MGCC think they're gunna' quietly try and slide one of their family/mates in there...(that was my first thought-Ed)...oowee, they will have a shrecking riot on their hands...and I can say that 'cos it ain't got nought to do with me if it does, 'cos, as we've described above, that was one angry hornets nest of anti-MGCC resentment and open, loud, frequent criticism of MGCC...

And just for the record, that vitriolic abuse about MGCC didn't come from any of the peeps I've spoken too, they were extraordinarily polite and reserved about it, clearly traumatised, etc, but still polite, I'm talkin' about the thronging crowds of predominantly li'l ol' lady-types...(yeah, it's always hilarious to hear Granny Scroggins carpet-bombing the F-word-Ed)...so much anger and distress and trauma...well done MGCC for bringing that into so many peoples' lives, again...

(Just before we go-Ed)...yeah?...(I was thinkin' it might be time to change the name of this 'ere blog, I mean it's been TMGI for over a decade, maybe a refreshing re-badging just to change things-up a bit?-Ed)...fair enough, any ideas?...(well I was thinking something like 'Mr Bastard Fucks Mt Gambier City Council With His Angry Words'*-Ed)...okay, I'm not hating it, but, ummm...('Fucks Council Really Hard'?-Ed)...okay, look, keep workin' on it and, ummm, we'll see, okay?...(I'll get back to ya'-Ed)...I'll be counting the moments...

(*and just for the record, that's a joke, a very angry joke sure, but a joke none-the-less...(yeah, it's the F-Bombing Nannas MGCC needs to worry about-Ed)...indeed, all we've done there is channel the energy of that closing day...*)

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

Mt Gambier City Council Budget 2024/25 And Related Stuff

Howdy dear availees and welcome to a relatively short re-visit of a coupla' issues we've been covering over on TMGI Facebook...(and in that previous post-Ed)...ah yes, indeed, we refer dear availees to the immediate previous post re MGCC and the Apollo Football Club...so we're gunna' cover that again briefly, then secondly look at the apparently equally corrupted 'processes' relating to the 'Cellar Door' currently operating out of the old WIN TV building adjacent the Blue Lake...(and three?-Ed)...three is a doozy, MGCC's massive and in many respects catastrophic 10.2% Rates increase...(plus 40% Refuse Collection increase-Ed)...indeed, not forgetting that...(making a total Rates increase of just over 14%-Ed)...isn't that just terrific...(well it's certainly terrifying, if that's what ya' mean-Ed)...and to hear MGCC CEO Sarah Philpott tell it, 'Council have done Ratepayers a massive favour by limiting the increase'...(nooo? the CEO didn't?-Ed)...oh yes the CEO did, and continues to do...(wow-Ed)...yep, wow...

***Pardon me for interrupting myself...('selves'-Ed)...sorry what?...('selves', it's 'myselves', plural, not 'self'-Ed)...thankyou confected literary device for yet another of your sparkling contributions...(well, ya' know, it just pays to remind dear availees from time to time that I'm not a real boy, I ain't even a puppet-Ed)...great, anyhoos, this post was started several days ago, then today (11 June 2024) on the ABC SE Radio they cheerily announced that MGCC is "not renewing the leases" for Umpherston Cave Tourism Kiosk nor for the tourism enterprise at Engelbrecht Cave...the details were unclear as to why this has happened, what motivated what, etc, so I'll just have to look at it and get back to ya's...(any initial thoughts?-Ed)...oh phew, thought you'd never ask...

My immediate first reaction is that MGCC want those businesses for a family member/mate/colleague/whatevs...(would not be the first time-Ed)...indeed...(in fact, just in the last few years we've had a series almost of these very similar events-Ed)...indeed we have...(but one lady did say she was retiring-Ed)...yeah, but which precipitates which?...(ah, so you mean, is the Lease not being renewed in October, did that prompt her to retire, or effectively vice versa?-Ed)...exactly, and the other lady said 4 people are gunna' lose their jobs, so, like I said, gunna' have to look at it properly first, but we'll definitely be back to this one...***

MGCC and/or Apollo Football Club continue to claim that Apollo has a current Lease for their pitch area and clubrooms...MGCC/Apollo are apparently referring to a 'map/plan' that shows Apollo having their current pitch area and clubrooms as one 'Lease'...(along with that section of carpark between the pitch and the now dis-used tennis courts-Ed)...you mean that section of gazzetted road (Webb St) that runs through HCR and that Apollo use as a carpark?...(yep, that's supposedly included in these supposed 'Leases'-Ed)...but not the carpark on the Northern side of the pitch area?...(I don't know what to tell ya', but, yeah, apparently not that bit-Ed)...hang on, hang on, so it does include a section of road, but not the dedicated carpark area?...(as I say, don't know what to to tell ya', that's what MGCC/Apollo are apparently alleging/claiming-Ed)...all right, moving forward...  

We note that Apollo, supposedly operating with the official approval of MGCC to 'unlawfully' fell and then sell-off more than a dozen healthy trees in Hastings Cunningham Reserve, have taken what they want and just left a massive section of very healthy tree trunk and piles of other assorted branches/detritus lying on the ground***...(and what about Apollo clearing trees from that section of Northern carpark that isn't in their supposed 'Leases' area?-Ed)...thanking you for that excellent segue, cheers Ed...(you're welcome-Ed)...'cos as part of their general hubris and selfishness, Apollo have appropriated for themselves that carpark area, and have similarly removed several trees from along there...(what about Apollo using that area as their own personal rubbish tip, as evidenced by the huge pile of old pallets and tree litter clearly brought in from elsewhere?-Ed)...nah mate, Apollo has mates on Council don't cha' know, so it's do whatevs ya' want mate...(including illegal burn-offs in a residential area?-Ed)...dunno', I guess we'll see... 

(*** Since starting this post on June 8th, about half of that debris, eg, the massive trunk section, has been cleared but there's still some stuff piled-up, and it appears at least some of the branches etc have been dumped behind the Northern carpark area, and possibly more trees removed, which is all outside this alleged MGCC/Apollo 'Lease')

As others have noted, for years 'Apollo' bring rubbish from other sites and dump it in what is technically always a part of HCR, and, according to this alleged map/plan 'Lease', an area that is outside said 'Lease' ...(do what I want mate-Ed)...that's pretty much the attitude, yeah...(and we note that Apollo ain't Robinson Crusoe when it comes to this behaviour, other clubs do it too-Ed)...sure, and there's likely been incidents of unlawful tree removal and/or similar at other sites, etc, but it's what's happening in the Public Parkland of HCR that's illustratively infuriating...(do what I want mate-Ed)...yeah, so you've said...(say what I want mate-Ed)...yeah yeah, we get the point mate...

So, once again, on the MGCC Register Community Land Leases and Licenses, the legally requisite Register that we have been using as our source of info...(and not just 'legally requisite' to have, but legally requisite that said Register be current-Ed)...absolutely, two critical points, the RCLLL is required by law to 1) be made publicly available and 2) kept up-to-date/current...(and MGCC got half-way there, but couldn't quite get the job done-Ed)...well kudos for at least trying?...(no, no I don't think so, failing to maintain a legally requisite Public Register is just a failure-Ed)...and to our surprise, not, the RCLLL refers to a single 'Lease', now 2-years 'Expired', and specifically identifying the pitch and clubrooms area...(so, even the expired 'Lease' only refers to one area?-Ed)...yep...(so where does this 'Second Pitch Area' immediately adjacent in HCR Parkland Area, where does that 'Lease' come from?-Ed)...oh I don't know! the Boundary Pixies?! sprinkled their magic Re-zoning Dust, and with a nod and a wink and the scratching of a back, the fiddling of a knob, and the pulling of a string, th...(okay okay, I think you've made your point-Ed)...and made quite specifically to underline the fact that my cynicism about MGCC's Budget is fueled by 2 decades of not being able to believe a word they say...

MGCC Budget 2024/25 - Where to start?...(the beginning?-Ed)...sure, but when one asks how long is a piece of string, it really helps to know exactly where that piece of string starts, at least...(sure, so go from there, where are we starting 'Council Budget-wise'?-Ed)...well that's the first and compelling, omnipresent problem isn't it, where to actually start?...(ah, I see, there's ya' problem, nothing MGCC says and/or produces on any issue is reliable information 'cos MGCC just lie-Ed)...sure, but not just lie, they lie and lie and lie like their lives depended on it...(well I don't know what they're worrying about-Ed)...well indeed, 'cos the Sth Oz ICAC (Independent Commission Against Corruption) has clearly demonstrated that they (ICAC) will protect/perpetuate/ensure MGCC corruption, upto and including spending $millions to persecute the Whistleblower who annoyingly insists on reporting said Corruption and...(ah, now, you promised, stay on task-Ed)...my apologies, got some 'Stuff' goin' on...(absolutely, fair dues, but today we're here for this-Ed)...indeed...

So, when trying to make informed commentary on the proposed MGCC Budget, one is immediately hamstrung by the unwavering likelihood that none of the figures provided are reliable, let-alone founded in reality...(and MGCC CEO Philpott's bizarre word-salad diatribe on ABC SE Radio on Saturday 1st June 2024 was riddled with those fanciful figures and/or calculations-Ed)...indeed it was, it seems the CEO is very much enamoured of the 'bore them to tears with bureaucratic word-salad and they'll stop listening' style of public performance...(man, that's 10 minutes of my life I'm never gettin' back!-Ed)...you and me both, knackers...(I particularly enjoy the way the CEO doesn't answer a question by explaining, in detail, what the question is about-Ed)...go on...(well, for example, when not answering re MGCC's woeful attitude and related gross failings re Public Transport, the CEO spent a good long while explaining what Public Transport is-Ed)...and the same with this Budget 'explanation'?...(pretty much-Ed)...right, this 'Budget' is gunna' be a Whole Post Issue', but bottomline Rates are up 10.2%, yeah?...(and it's up over 14% if you include Refuse Removal Charge, which you should-Ed)...indeed, a combined Rates Increase of just over 14%...(and to hear the CEO tell it, MGCC have done us all a massive favour, again-Ed)...well ring-a-ding-ding... 

But the real issue here is how well it illustrates just how complicit and compromised the ABC SE Radio is when it comes to protecting their mates on MGCC...(mates and husbands-Ed)...well sure, former The Border Watch editor and current MGCC Councillor Frank 'The Jellyfish That Grew A Spine And Roared Like A Mouse From It's Ivory Tower' Morello is Sandra's husband, but I'm sure that they both treat that deeply incestuous media/politics relationship with all the dignitas and reverance for The Law, etc, they conduct themselves with in the rest of their lives...(so not at all then?-Ed)...well I dunno', perhaps they're model citizens...(model citizens apart from the relentless self-serving protecting corruption stuff, etc?-Ed)...well that's sort of the default setting for just about every politician/journo/public servant I've ever met...but get this, this is the bit that just butters my parsnips...

Shortly after the CEO's Budget filibuster, the ABC read-out a 'message' apparently called-in by "Ray of Nararcoorte"...("Ray of Naracoorte" you say-Ed)...apparently, and Ray...(of Naracoorte"-Ed)...thankyou, "Ray of Naracoorte" was reportedly gushingly congratulatory of the wonderful CEO for explaining what a budget is and how it all works, and, apparently, quote "you've got a good one there"...(yowsers-Ed)...now, let's assume that "Ray from Naracoorte" is a real boy...(just like me!-Ed)...sure, just like you, or a lady, whatevs, and that "Ray from Naracoorte" did ring-in and leave that quite extensive and detailed message, that all of that did actually happen, and I gotta' tell ya' I do have my doubts...(fair dues-Ed)...but all things being equal, and with all of the dis-ease and rancour in the community about this massive Rates increase, I find it very hard to believe that 1) the one and only person who called in was 2) hugely supportive of the CEO/MGCC/Budget, and 3) not even from Mt Gambier...(are you suggesting that the ABC had to go 100klicks to find someone who had something nice to say about MGCC/the CEO/the Budget?-Ed)...nice one, makes as much sense as any other explanation...

But the obvious is called that for a reason...(duh, obviously-Ed)...and the fact is that Sandra Morello is running the show at the ABC SE Radio whilst her husband Frank is a MGCC Councillor...and this is what ya' get...(and their good mate Carp Cooker ad infinitum-Ed)...sorry what?...(not "what", whom, Carp Cooker, good ol' Reef Poacher-Ed)...ah yeah, now I know who you're talkin' about, our mate Lease De-Frauder...(yeah, them and theirs', mates of MGCC, special 'permits', etc, etc, but Carp Cooker's been heavily promoted on the ABC SE Radio several times this past year-Ed)...yeah yeah, I heard 'em, ABC SE Radio is cooked from the inside-out, and nothing defines that better than Sandra Morello as 'Manager'...

And all of this ties together when trying to ascertain just exactly what is going on...one cannot believe the source, MGCC, nor can one trust at all the reportage...I remind dear availees of the crap I copped for pointing-out that no-one had a 'Lease' or even a 'License' at HCR, and my concerns that MGCC was going to sell the land, etc, via an article that didn't research the RCLLL or contact me...but we digress...

This also relates to the 'Cellar Door' currently operating out of the WIN TV building...I cannot find any evidence that any Re-zoning has been done to allow Service of Alcohol in a Residential Zone, or that there are any relevant discussion/re-zoning applications/approvals/permits/whatevs from and/or to MGCC, etc etc, but that doesn't mean they don't exist...somewhere...probably...(and again, MGCC have a definable history of letting their mates/families/colleagues do whatevs they want re holding 'unlawful events', including with alcohol service involved-Ed)...and that's relevant to the Citizen Peeps Ratepayers of MG how exactly?...(well, for example, remember when MGCC let their colleague and close personal friends the Shearings, firstly, set-up a cafe in their driveway, serving onto the footpath, etc, but then also let them throw a li'l soiree on that footpath, of a major residential road, 30m from a very problematic intersection, without the relevant permits/approvals? remember that?-Ed)...ummm, not sure, do you have any visual aids at all, you know, just to assist my recollectionings?...(funny you should ask, I just happen to have this-Ed)...

Ahhh yeah, it's all coming back to me now...(thought it might-Ed)...this photo was taken noon-ish Friday 1st October 2021 and ya' can clearly see the marquee legs out on the road, section of road cordoned-off, etc, and local availees will recognise that being less than 30m from the very busy and very, as you say, "problematic" Wehl St South/Lake Tce West intersection...and when I contacted MGCC shortly after this photo was taken, there apparently were no permits/approvals, not that could be found anyways, and I was told someone would call me back...and they did, got a phone message the next morning to helpfully inform me that "those structures are coming down as we speak"...(so MGCC, even if they were somehow entirely previously unawares of this 'function' and therefore hadn't issued any permits/approvals, etc, at the very least they were alerted Friday lunchtime, then, either which way, allowed the 'function' to happen that night, then called you next morning like that was somehow the solution?-Ed)...if by "solution" you mean MGCC's desire to provide their standard operational but still entirely comprehensive 'Fuck You, Idiot' response, sure, it resolved everything...

And why do I whinge and moan about this so much?...firstly, I'm just sick and tired of watching low, selfish people profit while decent people struggle...soooo sick of it...but in this specific case, and as I explained in detail to the Liquor Licensing Board, who claimed that this was 'not important enough for us to look at', etc, it's the direct potential for the dodgy 'Do Whatevs Ya Want Mate, Rules Are For The Plebs' attitude of MGCC for their families/mates/colleagues, etc etc, for that attitude and resulting conduct to go so ballistically wrong for everyone else, specifically, Mt Gambier Ratepayers... (I don't know why the Liquor Licensing Board 'approves' any form of license without demanding proof of the related Council permits/approvals, most importantly, when the failure to have those Council permits/approvals immediately renders any license invalid, and therefore makes that service of alcohol unlawful/illegal-Ed)...mate, when ya' put it like that, it really does look ridiculous...(surely the first and simplest thing is to actually verify not just 'require' these basic Council permits/approvals-Ed)...absolutely...

(And what are the cascading repercussions of a license granted sight unseen of requisite Council permits/approvals but then invalidated? eg, what are the Insurance implications? who is 'legally liable' in the event of an accident/injury/pelican attack? the LLB? the Council? the operator/proprietor? -Ed)..."pelican attack", you idiot, but you're 100% spot-on, this is the exact point I made to the LLB and that they dismissed...('cos if it falls into the lap of Council, then that's Ratepayer's problem right there-Ed)...which relates back to your excellent point about the LLB not requiring proof of Council permits/approvals before granting temporary licenses...(which removes the LLB from the 'Getting Sued Pool' 'cos they'll argue they acted in good faith, etc, and dumps it back on the Councils/Ratepayers-Ed)...and that's particularly relevant to what the Shearings were allowed to do sans MGCC official permits/approvals...(because if something had gone wrong and the entire 'function' was unlawful/illegal, and MGCC knew it, the insurance companies ain't gunna' pay-up for a MGCC-approved unlawful/illegal function-Ed)...shazzam, and then it's Ratepayers who end-up paying...

And this has now reached a critical mass in a certain context, 'cos this 'Proposed Budget' appears to have MGCC's 'Liability' at 99.9%, that is, effectively, the capacity to borrow to cover costs of unforeseen emergencies...(so we, MGCC Ratepayers, we've got a 0.1% margin of error re something like another sink hole opening-up or a major plant failure at the FARC (Wulanda) or some other 'emergency funding requirement'?-Ed)...like a "pelican attack"? yeah, as explained to me, and I did see that some other Council's are much lower, at say 40-50%...

MGCC has borrowed-out Mt Gambier's future and sunk it all into the Farcical Aquatic Recreation Centre (Wulanda), and flatly refuse to explain any aspect of the debasco (debacle/fiasco), and that refusal continues into this Budget...MGCC continue their deceit that the FARC only cost $64m when the reality is well North of $80m, and still refuse to explain the construction costs, nor the bizarre 'Management Structure' that has Ratepayers paying all the utilities and wages, but Belgravia paying MGCC to run it, but with some 'Secret Profit Sharing Agreement' that we also are not allowed to know the details of, etc, etc, etc, in a context where the FARC is running at a loss...(mate, I need a Bex and a good lie-down-Ed)...you and me both...  

Tomorrow: 22 Years Of The St Martins Lutheran School Child Abuse Cover-up

And in an extraordinary coincidence that reeks of Universal re-alignment, on Friday, leading into the June long weekend that marks the 22nd anniversary of the St Martins Lutheran School Child Abuse Cover-up, the rancidly complicit ABC South East Radio fawningly re-introduce that supposed doyen of SE journalism, our mate Stan Thompson...(maaate-Ed)...gas-lighter extraordinaire, complicit, betrayer, manipulator, rancid sack-a'-f...(okay okay, I can see where this is headed-Ed)...and can you blame me?...(well no, Stan, mate, is a shitfully complicit stooge, but I just didn't want to see you say something you might regret and/or not be able to defend-Ed)...but "shitfully complicit stooge" is okay?...(mate, absolutely-Ed)...so Truth is still a defence then?...

And the crowning glory?...hearing Stan, mate, praising-up that equally complicit stooge and current ABC SE Radio 'Manager' Sandra Morello...(OMG, Sandra Morello as ABC 'Manager', what a mind-numbing shizzle-show of gross incompetence and corruption both richly rewarded-Ed)...indeed...

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