There is growing concerns surrounding the Magistrates' Court (Koori Court) Act 2002
Act No. 27/2002, as the courts are independent of Government, and not legislated by laws of the Victorian Government a point that must be clarified before any further commitment are made to The Koori County Court,
Sunday, May 25, 2008
Open Letter to VAJAC
Elder Portland 3305 26th May 2008
Dear ......
Please find enclosed herewith copies of letters date:-
7th May 2008 open letter to Aboriginal Co-ops Including VAJAC, '...if the courts could consider, whether the Victorian Parliament and the Courts has any jurisdiction at all over the Aboriginal people of Victoria."
23 May 2008 to VAJAC, We hereby request that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Health in the best interest of the Aboriginal people that:-
It is most important that the proposed Koori country court is rejected by our people, what advantage will it bring, who is behind the idea of a Koori County Court? Wake up!
Letters on this flie
Dear ......
Please find enclosed herewith copies of letters date:-
7th May 2008 open letter to Aboriginal Co-ops Including VAJAC, '...if the courts could consider, whether the Victorian Parliament and the Courts has any jurisdiction at all over the Aboriginal people of Victoria."
23 May 2008 to VAJAC, We hereby request that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Health in the best interest of the Aboriginal people that:-
It is most important that the proposed Koori country court is rejected by our people, what advantage will it bring, who is behind the idea of a Koori County Court? Wake up!
Letters on this flie
Open Letter Q.1Jurisdiction 26/05/08
Morwell Elder 3840 Vic. Plus portland Elder 26th May 2008
Dear ....
As to keep you updated in the current court matter, I have also enclosed copy of later dated:-
11th April 2008 to Chief Magistrate, I ask has the St Arnaud Magistrates court power to hear the issues regarding "jurisdiction of the Victoria Parliament, has over the Aboriginal people of Victoria..."
16th May 2008 To the Chief Magistrates Court, Has the Magistrate Court the Power to address the issues arising Being "the Jurisdiction of the Courts has over the Aboriginal People of Victoria.."
13th May 2008 (received 16 May) From Chief Magistrate Ian L Gray, The Magistrate .... has advised me that he was concerned simply with the question of "proper venue"
16 May 2008 (Fax)To the Chief Magistrate Ian L Gray It appears that you may have overlooked the main issue in the Letter dated 11 April Being...
22 May 2008 placed of Court file prior, to the matter being heard , The issue that still needs to be resolved being. Has the Magistrates Court the Power to address "the jurisdiction of the Court has over the Aboriginal people of Victoria.
19th May 2008 (received 23 May) From the Chief Magistrate Ian Gray, In relation to your question about Jurisdiction "over the Aboriginal people of Victoria" I advise....
I need not express what transpired at court 22 May. look up (http://bebuybac.blogspot.com)
I am now to appear at the Horsham Court on the 13 August 2008, before Judge and Jury, strange but true, It may be the Jury can answer the question as to "Jurisdiction of the Courts has over the Aboriginal People of Victoria.." as it appears that the Chief magistrates and the Magistrate Court can not provide the answer, at this point in time. It is now becoming quite clear "No!.. Jurisdiction"
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dear ....
As to keep you updated in the current court matter, I have also enclosed copy of later dated:-
11th April 2008 to Chief Magistrate, I ask has the St Arnaud Magistrates court power to hear the issues regarding "jurisdiction of the Victoria Parliament, has over the Aboriginal people of Victoria..."
16th May 2008 To the Chief Magistrates Court, Has the Magistrate Court the Power to address the issues arising Being "the Jurisdiction of the Courts has over the Aboriginal People of Victoria.."
13th May 2008 (received 16 May) From Chief Magistrate Ian L Gray, The Magistrate .... has advised me that he was concerned simply with the question of "proper venue"
16 May 2008 (Fax)To the Chief Magistrate Ian L Gray It appears that you may have overlooked the main issue in the Letter dated 11 April Being...
22 May 2008 placed of Court file prior, to the matter being heard , The issue that still needs to be resolved being. Has the Magistrates Court the Power to address "the jurisdiction of the Court has over the Aboriginal people of Victoria.
19th May 2008 (received 23 May) From the Chief Magistrate Ian Gray, In relation to your question about Jurisdiction "over the Aboriginal people of Victoria" I advise....
I need not express what transpired at court 22 May. look up (http://bebuybac.blogspot.com)
I am now to appear at the Horsham Court on the 13 August 2008, before Judge and Jury, strange but true, It may be the Jury can answer the question as to "Jurisdiction of the Courts has over the Aboriginal People of Victoria.." as it appears that the Chief magistrates and the Magistrate Court can not provide the answer, at this point in time. It is now becoming quite clear "No!.. Jurisdiction"
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Saturday, May 24, 2008
Elder Portland 3305 22 April 2008
Dear ......
Please find enclosed herewith copies of letters date:-
1st April 2008 to Senior Constable Michael Hobson Inglewood Police Station, note the same letter sent (date 3rd April) to Marybrough Magistrates Court, and Chief Magistrate
11th April 2008 To the Magistrate Court,, ... has St. Arnaud Magistrates Court power to hear the issues regarding Jurisdiction over the Aboriginal People of Victoria.
17th April 2008 From the Chief Magistrate Ian L Gray. I will look into the concerns you have raised in your correspondence and write to you again as soon as possible.
It would be with in reason to assume the Chief Magistrate would have on-hand the issue of Jurisdiction of the Court and or the Jurisdiction of the Victorian Parliament has over the Aboriginal People. (if any)
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dear ......
Please find enclosed herewith copies of letters date:-
1st April 2008 to Senior Constable Michael Hobson Inglewood Police Station, note the same letter sent (date 3rd April) to Marybrough Magistrates Court, and Chief Magistrate
11th April 2008 To the Magistrate Court,, ... has St. Arnaud Magistrates Court power to hear the issues regarding Jurisdiction over the Aboriginal People of Victoria.
17th April 2008 From the Chief Magistrate Ian L Gray. I will look into the concerns you have raised in your correspondence and write to you again as soon as possible.
It would be with in reason to assume the Chief Magistrate would have on-hand the issue of Jurisdiction of the Court and or the Jurisdiction of the Victorian Parliament has over the Aboriginal People. (if any)
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Letter to Magistrates Court Victoria 8/05/08
Magistrates Court Victoria
Duputy Chief Magistrate
Ms. Jelena Popovic 8th May 2008
233 William Street
Melbourne 3000
Dear Jelene Popovic,
Re: Koori Magistrates Court -
I have been requested to write to you, as you may be able to assist our needs and concerns regarding the proposed Koori County Court to be set up later this year, it would greatly appreciated if you could forward details of:-
The number of Aborigine's that have gone through the state Koori magistrates courts since it inception.
The number of Aboriginal offenders that that have gone through the state Koori Magistrates Court 2006 to 2007
The gender and age of the Aboriginal offenders
The offence/charges committed by the defendants (no names)
What Koori Magistrates courts heard the charges
Hoping you can help
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Duputy Chief Magistrate
Ms. Jelena Popovic 8th May 2008
233 William Street
Melbourne 3000
Dear Jelene Popovic,
Re: Koori Magistrates Court -
I have been requested to write to you, as you may be able to assist our needs and concerns regarding the proposed Koori County Court to be set up later this year, it would greatly appreciated if you could forward details of:-
The number of Aborigine's that have gone through the state Koori magistrates courts since it inception.
The number of Aboriginal offenders that that have gone through the state Koori Magistrates Court 2006 to 2007
The gender and age of the Aboriginal offenders
The offence/charges committed by the defendants (no names)
What Koori Magistrates courts heard the charges
Hoping you can help
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
ELder Morwell Vic. 3840 19 May 2008
Dear ....
Please find enclosed herewith copies:-
The Australian 16th May 2008 "Koori courts help cut repeat offences" 2 pages please note Rob Hulls the Attorney-General of Victoria stated:-
"The Koori defendant must consent to the Jurisdiction of the County Koori Court, and have pleaded guilty to the offence"
also
The Australian May 9th 2008 "Kooris court a waste of Money" by Peter Faris 2 pages. "The new court is supposed to be based upon the success of the Koori Magistrates Court, which disposes of 150 cases involving Aboriginal a year in six courts-an average of one a fortnight."
I point out, During 1996 the Embassy brought to attention of the Victorian Government that they had now proper legislated power to make laws for the Aboriginal People of Victoria,
We are greatly concerned that the if Victorian Governments proposed Korri County Court is successful it’s role may well be used later, to support the Governments and the Courts Jurisdiction over the Aboriginal People of Victoria.
We feel it would be in the best interest of our people, if the Victorian Parliament could clarify that it has proper lawful legislated Jurisdiction over our people. A very simple issue, that must be resolved, before any proposed Koori County Court are considered.
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dear ....
Please find enclosed herewith copies:-
The Australian 16th May 2008 "Koori courts help cut repeat offences" 2 pages please note Rob Hulls the Attorney-General of Victoria stated:-
"The Koori defendant must consent to the Jurisdiction of the County Koori Court, and have pleaded guilty to the offence"
also
The Australian May 9th 2008 "Kooris court a waste of Money" by Peter Faris 2 pages. "The new court is supposed to be based upon the success of the Koori Magistrates Court, which disposes of 150 cases involving Aboriginal a year in six courts-an average of one a fortnight."
I point out, During 1996 the Embassy brought to attention of the Victorian Government that they had now proper legislated power to make laws for the Aboriginal People of Victoria,
We are greatly concerned that the if Victorian Governments proposed Korri County Court is successful it’s role may well be used later, to support the Governments and the Courts Jurisdiction over the Aboriginal People of Victoria.
We feel it would be in the best interest of our people, if the Victorian Parliament could clarify that it has proper lawful legislated Jurisdiction over our people. A very simple issue, that must be resolved, before any proposed Koori County Court are considered.
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Letter to VAJAC 21/05/08
Mr. Alf Bamblett CEO
Victorian Aboriginal Justice Advisory Committee 23 May 2008
171 Smith St Fitzroy 3065
Dear Doc.Alf Bamblett,
Re-The Victorian Aboriginal Justice Agreement. Re Rob Hulls MP Attorney-General:-
"While the recommendation provide a clear direction for Government, there is also recognition that the environment has changed. With the Aboriginal community, we need to reassess the intent of the recommendation and take into account the growing influence of illicit drugs and gambling on Aboriginals and their families."
In the mid 70s the environment began to change within the Aboriginal community, as many young adults that experienced the violence, damage and family break ups, caused by alcohol abuse, started using Pot, (marijuana, cannabis gunga) for their comfort and recreational needs .
Now time has pasted, these parents now prefer to have their children use cannabis, then alcohol, The herb cannabis, can be use as beverage, food addictive to cakes biscuits, as used by our people for centuries, and traded through all known Aboriginal nations of this land.
However, during 1981, the Victorian Government list cannabis, along side hard drugs such as, heroin, cocaine and other substances, under the Drugs Poisons and controlled Substance Act 9719/1981, causing an unnecessary burden on our people, as many being brought before the criminal system of Victoria for use and growing cannabis, and some imprisoned
Today there are various types of illicit drugs on the street of Australia, all having caused death to human beings, all except cannabis. For that reason alone, with the best interest and future well-being of our people at the forefront. The current Victorian laws surrounding cannabis need to be changed, as to suit today's Aboriginal communities needs, and as to maintain a more peaceful and harmonious life style.
At present the impact of Victorian laws has placed our people at a disadvantage to other Aboriginal people residing in A.C.T. S.A. and N.T. where they can grow cannabis for personal use. Our people in Victoria and future generations are faced with the possibility of coming in contact with the criminal justice system, as well as the underlining economic values, Cannabis being now $300 to $400 per ounce.
As the role-objectives of the Victorian Aboriginal Justice Advisory Committee is to assure " administration of law does not adversely impact on Aboriginal people" and "reducing the risk of involvement of Aboriginal children and youth in the justice system." We hereby request, that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Mental Health, in the best interest of the Aboriginal People of Victoria that:-
1. No person being a decedent of the Aboriginal race shall not be charged with any offence, if that person is found to have less then 30 grams of cannabis in his or her possession
2. No person being a decedent of the Aboriginal race shall not be charged with any offence, for cultivation of up to five plants per household, for personal use only
Yours sincerely Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Victorian Aboriginal Justice Advisory Committee 23 May 2008
171 Smith St Fitzroy 3065
Dear Doc.Alf Bamblett,
Re-The Victorian Aboriginal Justice Agreement. Re Rob Hulls MP Attorney-General:-
"While the recommendation provide a clear direction for Government, there is also recognition that the environment has changed. With the Aboriginal community, we need to reassess the intent of the recommendation and take into account the growing influence of illicit drugs and gambling on Aboriginals and their families."
In the mid 70s the environment began to change within the Aboriginal community, as many young adults that experienced the violence, damage and family break ups, caused by alcohol abuse, started using Pot, (marijuana, cannabis gunga) for their comfort and recreational needs .
Now time has pasted, these parents now prefer to have their children use cannabis, then alcohol, The herb cannabis, can be use as beverage, food addictive to cakes biscuits, as used by our people for centuries, and traded through all known Aboriginal nations of this land.
However, during 1981, the Victorian Government list cannabis, along side hard drugs such as, heroin, cocaine and other substances, under the Drugs Poisons and controlled Substance Act 9719/1981, causing an unnecessary burden on our people, as many being brought before the criminal system of Victoria for use and growing cannabis, and some imprisoned
Today there are various types of illicit drugs on the street of Australia, all having caused death to human beings, all except cannabis. For that reason alone, with the best interest and future well-being of our people at the forefront. The current Victorian laws surrounding cannabis need to be changed, as to suit today's Aboriginal communities needs, and as to maintain a more peaceful and harmonious life style.
At present the impact of Victorian laws has placed our people at a disadvantage to other Aboriginal people residing in A.C.T. S.A. and N.T. where they can grow cannabis for personal use. Our people in Victoria and future generations are faced with the possibility of coming in contact with the criminal justice system, as well as the underlining economic values, Cannabis being now $300 to $400 per ounce.
As the role-objectives of the Victorian Aboriginal Justice Advisory Committee is to assure " administration of law does not adversely impact on Aboriginal people" and "reducing the risk of involvement of Aboriginal children and youth in the justice system." We hereby request, that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Mental Health, in the best interest of the Aboriginal People of Victoria that:-
1. No person being a decedent of the Aboriginal race shall not be charged with any offence, if that person is found to have less then 30 grams of cannabis in his or her possession
2. No person being a decedent of the Aboriginal race shall not be charged with any offence, for cultivation of up to five plants per household, for personal use only
Yours sincerely Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
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