The County Court Ballarat File No. CR-08-01796
In the matter of Leslie Ernest McDonald and
To the Officer of Public Prosecutions, Re:- Case conferences November 26th 2009
Re:- Request, (as to assist the Court)
The Defendant has filed and placed before the Honourable Court copies of the following correspondence:-
6th August 1996 Aboriginal Embassy Victoria to Scrutiny of Acts and Regulations Committee, "I write to request a copy of the "Current Act" the gave the Victorian Government power to make laws for peace order and good government for the Indigenous people. "
26 August 1996 from the Scrutiny of Acts and Regulations Committee, to Les McDonald Chief Justice, Aboriginal Embassy Victoria, " I am unaware of any Act which gives the Victorian Government the Power to make laws for peace, order and good government for indigenous people. Signed Helen M. Mason Executive Officer."
The Defendant maintains that the above (as evidence) verifies and leaves open to question if The Victorian Parliament has any lawful jurisdiction to make laws for the Indigenous People of Victoria.
The Defendant maintains, The Victorian Constitution Act 1975. Part 11 "The Parliament 16. Legislative power of Parliament "The Parliament shall have power to make laws in and for Victoria in all cases whatsoever." makes no mention of the Aboriginal people of Victoria, therefore has no proper standing or meaning to the Aboriginal People of Victoria.
Constitution Act 1975. 2. Existing laws. to:-
(2) All courts within Victoria and all offices judicial administrative or ministerial there in and all charters legal commissions powers and authorities except insofar as the same may be abolished altered or varied by or may be inconsistent with the provisions of this act or are abolished altered or varied by any Act or Acts shall continue to subsist in the same form and with the same effect as if this Act had not come into force.
The Defendant maintains the doubt surrounding the Constitution Act 1975, and leaves open to challenge the Courts of Victoria jurisdiction over the Natives -Aboriginal People.
3. Laws of England to be applied in the Administration of Justice.
(2) If any doubt arises as to the application of any such laws or statues in Victoria, it shall be lawful for the Parliament be Act to declare whether such laws or statutes shall be deemed to extend with in Victoria or to make and establish such limitations and modifications of such laws and statutes within Victoria as may be deemed expedient in that behalf.
Cont.2
The Defendant maintains, that Parliament has been made made aware of the doubt of such laws or statues in Victoria (1996) and as yet have not declared whether such laws shall be deemed to extend to the Aboriginal natives of Victoria
The Pacific Islanders Protection Act 1875
6. Power for Her Majesty to exercise jurisdiction over British subjects in islands of the pacific ocean. to erect a court of justice for British subjects in the islands of the pacific. to make ordinances.
"It shall be lawful for Her Majesty to exercise power and jurisdiction over her subjects within any islands and places in the Pacific Ocean not being within Her Majesty's dominions, nor within the jurisdiction of any civilized power, ...to make regulations for the Government of her subjects in such islands and places, and to impose penalties, forfeitures, or imprisonment's for the breach of such regulations"
"It shall be lawful for Her Majesty, by order in council to create a court of justice and civil, criminal and Admiralty jurisdiction over Her Majesty's subjects within islands and places to which the authority of the said High Commissioner shall extend, and with power to take cognizance of all crimes and offences committed by Her Majesty's subjects within any of the said islands and places, or upon the sea, or in any haven, river, creek, or place within jurisdiction of the Admiralty. and Her Majesty..."
The Defendant maintains that the above Act, which is still valid and adhered to by the Court of Victoria only relates to Her Majesty Courts jurisdiction over her Majesty's subjects .
The Defendant preys that the Office of Public Prosecutions address the questions of Law in a proper, reasonable, and truthful manner, as expected by Her Majesty's Courts and the citizen's of Victoria.
This ends the request by the Defendant which is intended to handed to the duty officer of the Office of Public Prosecution, on the aforesaid Ballarat County Court date.
Signed ----------------------------------
Leslie Ernest McDonald
Friday, November 27, 2009
Saturday, November 7, 2009
Novenber report
The Statewide Indigenous Forum initiated by the Aboriginal Justice Forum, the peak coordinating body for overseeing the development, implementation and direction of the Victorian Aboriginal Justice Agreement. The AJA recognised that, for it to succeed, Koori communities needed to be involved in decision making and delivering culturally appropriate justice services.
2000-2004 The Victorian Aboriginal Justice Agreement (AJA) is part of a broad policy by the Victorian Government to work in partnership with the Koori community. Its purpose is to tackle disadvantage and inequity, reduce Koori contact with the criminal justice system, and improve the justice process for Indigenous Victorians.
The second phase of the Victorian Aboriginal Justice Agreement Phase 2 (AJA2) represents a recommitment by the signatories to the AJA to build on the work of the first phase (launched in 2006) The Regional Aboriginal Justice Advisory Committee (RAJAC) was established in each of seven regions to help improve justice outcomes. 2006-2010 RAJAC Chairs are members of the Victorian Aboriginal Justice Advisory Committee (VAJAC), which in turn is represented at the Aboriginal Justice Forum (AJF), the peak body responsible for overseeing implementation of the AJA. After four years of operation, the AJA was reviewed and the Victorian Government and Koori signatories recommitted to a new phase, the Victorian Aboriginal Justice Agreement Phase
2 (AJA2).
2009 Wednesday 11 March "COMMUNIQUÉ" Presented by Victorian Aboriginal Community to the Victorian Government, There is some concern over the wording present by Victorian Aboriginal Community, It has been suggested the wording should read Presented by Victorian Incorporated Aboriginal Community. As the document has no signatories, although it does make mention for over 50 Aboriginal organisation that were invited to the Statewide Indigenous Forum.. (Whom attended is unknown to this writer, at this point in time )
Looking back to 1996, To when Aboriginal Embassy Victoria found urgent need to clarify, if The Victoria Government had the proper legislated power to makes Laws for peace order and good government for the Indigenous people of Victoria, and on the 26 August 1996 the Scrutiny of Acts and Regulations Committee E.O Helen M Mason, (in reply) wrote, "I am unaware of any Act which gives the Victorian Government the power to make Laws for peace order and good government for Indigenous people" Which clearly clarified the issue at hand.
The Department of Justice, tries to overcome the courts "No Jurisdiction" question, skillfully laid out the foundations for the "Koori Court project" Where the accused must acknowledge the court jurisdiction and plead guilty. in many case's acceptable. However when the offence has caused no harm., damage, loss of property, to any person or parties, "Victimless Crime" Aboriginal traditional religion, lore and must be considered and respected by the Court's.
Taken from Attorney-General, Rob Hulls (Foreword) "The Agreement would be nothing without the work people on the ground or without the work of those who have dedicated themselves to cementing the relationship that now exist between government and Koori communities, as. I look forward to discovering what more we can achieve when together, we engage work hard challenge each other and walk the path of genuine Reconciliation"
The above mention Treaty (Agreement) mainly relies on Regional Aboriginal Justice Advisory Communities (RAJAC.s) to hear the voice and concerns of the people residing with in their region, and in turn pass up to the Victorian Aboriginal Justice Advisory Committee, (VAJAC) whom then places the issues before the Victorian Aboriginal Justice Advisory Forum, (VAJAF) if approved, hands up to the Attorney-General, and other concerned Minister including the Minister for Aboriginal Affairs for consideration and response.
It appears, one of the major challengers ahead for RAJAC's, is reducing the rate of Indigenous adult incarceration which still remains unacceptable, and to prevent the younger population for coming in contact with the criminal justice system of Victoria. It may help to address the situation, if our traditional lore was revisited, explained to the younger generation and to the wider community, as simplicity is the most convent way to the truth.
As to assure confidence in this plan, RAJAC's officials must, with out their own personal feelings, understanding, or religious beliefs, acknowledge and respond to all matters raised by members of their region, as being done in the best interest and future well-being of the Aboriginal communities of Victoria.. and
"2. Commit to working work all levels of government to never again allow the mistakes of past government administrations that excluded indigenous input into policies for which generations of our people paid the price for." (Ref COMMUNIQUÉ 16-17 OCTOBER 2008)
Accountability is now a must for all of us.
Yours faithfully
Les McDonald
Chief Lore Officer
2000-2004 The Victorian Aboriginal Justice Agreement (AJA) is part of a broad policy by the Victorian Government to work in partnership with the Koori community. Its purpose is to tackle disadvantage and inequity, reduce Koori contact with the criminal justice system, and improve the justice process for Indigenous Victorians.
The second phase of the Victorian Aboriginal Justice Agreement Phase 2 (AJA2) represents a recommitment by the signatories to the AJA to build on the work of the first phase (launched in 2006) The Regional Aboriginal Justice Advisory Committee (RAJAC) was established in each of seven regions to help improve justice outcomes. 2006-2010 RAJAC Chairs are members of the Victorian Aboriginal Justice Advisory Committee (VAJAC), which in turn is represented at the Aboriginal Justice Forum (AJF), the peak body responsible for overseeing implementation of the AJA. After four years of operation, the AJA was reviewed and the Victorian Government and Koori signatories recommitted to a new phase, the Victorian Aboriginal Justice Agreement Phase
2 (AJA2).
2009 Wednesday 11 March "COMMUNIQUÉ" Presented by Victorian Aboriginal Community to the Victorian Government, There is some concern over the wording present by Victorian Aboriginal Community, It has been suggested the wording should read Presented by Victorian Incorporated Aboriginal Community. As the document has no signatories, although it does make mention for over 50 Aboriginal organisation that were invited to the Statewide Indigenous Forum.. (Whom attended is unknown to this writer, at this point in time )
Looking back to 1996, To when Aboriginal Embassy Victoria found urgent need to clarify, if The Victoria Government had the proper legislated power to makes Laws for peace order and good government for the Indigenous people of Victoria, and on the 26 August 1996 the Scrutiny of Acts and Regulations Committee E.O Helen M Mason, (in reply) wrote, "I am unaware of any Act which gives the Victorian Government the power to make Laws for peace order and good government for Indigenous people" Which clearly clarified the issue at hand.
The Department of Justice, tries to overcome the courts "No Jurisdiction" question, skillfully laid out the foundations for the "Koori Court project" Where the accused must acknowledge the court jurisdiction and plead guilty. in many case's acceptable. However when the offence has caused no harm., damage, loss of property, to any person or parties, "Victimless Crime" Aboriginal traditional religion, lore and must be considered and respected by the Court's.
Taken from Attorney-General, Rob Hulls (Foreword) "The Agreement would be nothing without the work people on the ground or without the work of those who have dedicated themselves to cementing the relationship that now exist between government and Koori communities, as. I look forward to discovering what more we can achieve when together, we engage work hard challenge each other and walk the path of genuine Reconciliation"
The above mention Treaty (Agreement) mainly relies on Regional Aboriginal Justice Advisory Communities (RAJAC.s) to hear the voice and concerns of the people residing with in their region, and in turn pass up to the Victorian Aboriginal Justice Advisory Committee, (VAJAC) whom then places the issues before the Victorian Aboriginal Justice Advisory Forum, (VAJAF) if approved, hands up to the Attorney-General, and other concerned Minister including the Minister for Aboriginal Affairs for consideration and response.
It appears, one of the major challengers ahead for RAJAC's, is reducing the rate of Indigenous adult incarceration which still remains unacceptable, and to prevent the younger population for coming in contact with the criminal justice system of Victoria. It may help to address the situation, if our traditional lore was revisited, explained to the younger generation and to the wider community, as simplicity is the most convent way to the truth.
As to assure confidence in this plan, RAJAC's officials must, with out their own personal feelings, understanding, or religious beliefs, acknowledge and respond to all matters raised by members of their region, as being done in the best interest and future well-being of the Aboriginal communities of Victoria.. and
"2. Commit to working work all levels of government to never again allow the mistakes of past government administrations that excluded indigenous input into policies for which generations of our people paid the price for." (Ref COMMUNIQUÉ 16-17 OCTOBER 2008)
Accountability is now a must for all of us.
Yours faithfully
Les McDonald
Chief Lore Officer
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