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
Friday, September 18, 2009
Love and Law
Hi Sandra, In regards to news article in the Melbourne Age (14/09/09) by Lindsay Murdoch, It appears a that a young couple met at a sports meeting in 2006 at Papunya an Aboriginal community near the edge of the Northern Territory's western desert, and soon after applied for permission to marry, Under complex inter-marriage rules which Aboriginal people have abide by for centuries, as their skins were compatible, they were granted permission to marry which they did. Some time later the wife gave birth to a baby Boy.
As when soldiers and police start arriving in remote communities in 2007 under the intervention program, Like all proud mothers showed the baby to the Police, when asked, she proudly named her husband as the farther of the baby. The police then arrested him and he was placed in Jail many months. The Husband quite bewildered, had been informed that he could be sentenced to Jail for sixteen years for breaking the law. He was advised to plead guilty, which he did.
He appeared before Justice Southwood in the Supreme Court in Alice Springs. The Court referred to the husband as AK because he could not be identified. "Justice Southwood Said the case was difficult, but he recognised that a 14 years of age was too young for girls to be making decisions about sexual intercourse.
Judge Southwood acknowledged that Ak was sixteen years old at the time of the offence, and that AK was an impressive young man, with a good record and good work history, Justice Southwood, warned that "Young men in Aboriginal communities must learn that the wider community strongly disapprove of such relationship of such crimes. Justice Southwood convicted and sentenced AK two years and three months Jail.
I point out today in remote Aboriginal communities, the children are not registered at birth, and English is the third or fourth language. Traditional (law) Lore and religious is still maintained and practise in these outback communities. Lore of nature. When a girl turns in to a women then may wait for a mate?
In the communities mind nothing had been done Bad, they loved each other, had approval from both lots of parents and the community in general, they are married and have a baby, now it's our future and respect our Lore.
In his wisdom "Judge Southwood suspended the sentence forthwith, meaning the now convicted boy (AK) was released from custody and could legally be reunited with his wife,(now sixteen) and their son, in the world they know" ...Traditional Lore or ??
Consider the amount of time AK spent in prison, this causing unrest with the community, as reported " NT police would have turned a blind eye to the fact the boy had sexual intercourse with a fourteen girl because it accepted in aboriginal culture" It appears the case was to highlight the ongoing intervention program, is working?
If you consider the hardship and mental strain suffered by AK, his wife, family, and the wider aboriginal community, whom uphold their Lore, In fairness to all, I ask
1.Should AK be compensated for the time that he was in custody.
2.should Aboriginal Lore customs, religious believe be recognised by the Judicial system of Australia. if not why not.
Your Response greatly appreciated
Les McDonald
As when soldiers and police start arriving in remote communities in 2007 under the intervention program, Like all proud mothers showed the baby to the Police, when asked, she proudly named her husband as the farther of the baby. The police then arrested him and he was placed in Jail many months. The Husband quite bewildered, had been informed that he could be sentenced to Jail for sixteen years for breaking the law. He was advised to plead guilty, which he did.
He appeared before Justice Southwood in the Supreme Court in Alice Springs. The Court referred to the husband as AK because he could not be identified. "Justice Southwood Said the case was difficult, but he recognised that a 14 years of age was too young for girls to be making decisions about sexual intercourse.
Judge Southwood acknowledged that Ak was sixteen years old at the time of the offence, and that AK was an impressive young man, with a good record and good work history, Justice Southwood, warned that "Young men in Aboriginal communities must learn that the wider community strongly disapprove of such relationship of such crimes. Justice Southwood convicted and sentenced AK two years and three months Jail.
I point out today in remote Aboriginal communities, the children are not registered at birth, and English is the third or fourth language. Traditional (law) Lore and religious is still maintained and practise in these outback communities. Lore of nature. When a girl turns in to a women then may wait for a mate?
In the communities mind nothing had been done Bad, they loved each other, had approval from both lots of parents and the community in general, they are married and have a baby, now it's our future and respect our Lore.
In his wisdom "Judge Southwood suspended the sentence forthwith, meaning the now convicted boy (AK) was released from custody and could legally be reunited with his wife,(now sixteen) and their son, in the world they know" ...Traditional Lore or ??
Consider the amount of time AK spent in prison, this causing unrest with the community, as reported " NT police would have turned a blind eye to the fact the boy had sexual intercourse with a fourteen girl because it accepted in aboriginal culture" It appears the case was to highlight the ongoing intervention program, is working?
If you consider the hardship and mental strain suffered by AK, his wife, family, and the wider aboriginal community, whom uphold their Lore, In fairness to all, I ask
1.Should AK be compensated for the time that he was in custody.
2.should Aboriginal Lore customs, religious believe be recognised by the Judicial system of Australia. if not why not.
Your Response greatly appreciated
Les McDonald
Sunday, June 21, 2009
Whats that burning
Frying of Ian Ward
Ian Ward (the deceased) was a 46 year old Aboriginal male who died on 27 January 2008 at Kalgoorlie District Hospital, Kalgoorlie, in Western Australia At the time of his death the deceased was in custody, having been arrested by police in relation to traffic offences while driving a Toyota Personnel Carrier on Alderstone Street, Laverton, at about 9:30pm on Saturday 26 January 2008.
The following day the deceased was transported by employees of GSL Custodial Services Pty Ltd (GSL) in the back section of a van. The van was a Mazda E2500 vehicle registration number 1APR-049 The deceased was transported in the vehicle from Laverton to Kalgoorlie, a distance of approximately 360 kilometres. The deceased was taken on a journey of approximately 3 hours and 45 minutes on an extremely hot day with the outside temperatures being over 40oC. With no working air Conditioning
Evidence at the inquest subsequently revealed that the burn had been caused by contact between the deceased’s flesh and the metal steel pod in which he had been held in custody. At the hospital, Dr Lucien Lagrange, stated that as he opened the doors to the pod, although external conditions were very hot, the air from the van was "…like a blast from a furnace"
Based on the pathology evidence, there is no doubt that the deceased died as a result of being subjected to conditions of grossly excessive heat over an extended period of time. It is now clear that the deceased suffered a terrible death while in custody which was wholly unnecessary and avoidable.
Both Ms Stokoe and Mr Powell were contacted by telephone by Ms Jenkins late on the evening of 26 January 2008 and asked to transport a prisoner from Laverton to Kalgoorlie on the following day. They were to be paid at double time for working on a Sunday.
In would be within reason to assume both Ms. Stoke and Mr Powell had a duty of care towards Mr. Wards. As Mr Powell had been an insurance assessor for motor vehicles for 25 years, of the two, Mr Powell was far more experienced as a custodial officer as he had worked for either AIMS or GSL since 2001 and had been a supervisor for a period of time in 2003-4. Ms Stokoe had worked for GSL since April 2007. This was the first occasion on which she had worked as a custodial officer. She had previously worked as an industrial paramedic on a mine site and had some training qualifications to perform that role.
Time and experience has shown, that people given power over others, be it Police, custodial officer or others will at times abuser this authority, I personal feel that the W.A. courts should act according in punishing Mr. Powell and Ms. Stokes, as to show our public servants that this sort of conduct is no longer expectable by the majority of Australian’s.
Ian Ward (the deceased) was a 46 year old Aboriginal male who died on 27 January 2008 at Kalgoorlie District Hospital, Kalgoorlie, in Western Australia At the time of his death the deceased was in custody, having been arrested by police in relation to traffic offences while driving a Toyota Personnel Carrier on Alderstone Street, Laverton, at about 9:30pm on Saturday 26 January 2008.
The following day the deceased was transported by employees of GSL Custodial Services Pty Ltd (GSL) in the back section of a van. The van was a Mazda E2500 vehicle registration number 1APR-049 The deceased was transported in the vehicle from Laverton to Kalgoorlie, a distance of approximately 360 kilometres. The deceased was taken on a journey of approximately 3 hours and 45 minutes on an extremely hot day with the outside temperatures being over 40oC. With no working air Conditioning
Evidence at the inquest subsequently revealed that the burn had been caused by contact between the deceased’s flesh and the metal steel pod in which he had been held in custody. At the hospital, Dr Lucien Lagrange, stated that as he opened the doors to the pod, although external conditions were very hot, the air from the van was "…like a blast from a furnace"
Based on the pathology evidence, there is no doubt that the deceased died as a result of being subjected to conditions of grossly excessive heat over an extended period of time. It is now clear that the deceased suffered a terrible death while in custody which was wholly unnecessary and avoidable.
Both Ms Stokoe and Mr Powell were contacted by telephone by Ms Jenkins late on the evening of 26 January 2008 and asked to transport a prisoner from Laverton to Kalgoorlie on the following day. They were to be paid at double time for working on a Sunday.
In would be within reason to assume both Ms. Stoke and Mr Powell had a duty of care towards Mr. Wards. As Mr Powell had been an insurance assessor for motor vehicles for 25 years, of the two, Mr Powell was far more experienced as a custodial officer as he had worked for either AIMS or GSL since 2001 and had been a supervisor for a period of time in 2003-4. Ms Stokoe had worked for GSL since April 2007. This was the first occasion on which she had worked as a custodial officer. She had previously worked as an industrial paramedic on a mine site and had some training qualifications to perform that role.
Time and experience has shown, that people given power over others, be it Police, custodial officer or others will at times abuser this authority, I personal feel that the W.A. courts should act according in punishing Mr. Powell and Ms. Stokes, as to show our public servants that this sort of conduct is no longer expectable by the majority of Australian’s.
Tuesday, October 7, 2008
Letter to OPP (08/10/08
Office of Public Prosecutions
Ms. Raeleene Maxwell
565 Lonsdale St 8th October 2008
Melbourne VIC 3000
Dear Ms Raeleene Maxwell Re:Case No. X00340105
I write to bring to you attention a number of issue concerning this matter:-
Firstly, I received the Statement by M. A. Casley Senior Constable, plus photos, which. I thank you for.
Secondly, To make you aware that I have been disadva0ntaged by an error of judgement made at the Marybrough Court on the 8th April 2008, As the Magistrate may have erred in this ruling, as I reside closer to Marybrough and the Moligul property is where more major offence occurred. For your convenience I have enclosed copies of letter "complaint" dated:-
16Th July 2008 To Senior Registrar Stephen Merbach Ballarat, which highlights my reason for concern.
I feel aggrieved by the action of the Magistrate at the Marybrough Magistrates’ Court on the 8th April 2008, and at the St. Arnaud Magistrates Court. 22 May 2008. I trust that any further matters are dealt with in the appropriate Ballarat Court. not the Horsham Courts.
As you are aware of my position and role with in the Aboriginal community, I only ask to be given the same opportunity and courtesy given to others in our community, and as expected by the general public of Victoria.
Thirdly I have also enclosed herewith, a copy, of Sruntiny of Acts and Regulations Committee Executive Officer Helen M Mason, dated 26 August 1996, Which demonstrates the fact that the Victoria Government has no legislated Act, to make laws order and good government for the Indigenous People of Victoria. I note that Victorian Constitution Act 1975 No. 88750 does not mention the Aboriginal People at all.
Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would be appreciated if you could forward copies of such at your most earliest moment.
Yours sincerely
Les McDonald
Ms. Raeleene Maxwell
565 Lonsdale St 8th October 2008
Melbourne VIC 3000
Dear Ms Raeleene Maxwell Re:Case No. X00340105
I write to bring to you attention a number of issue concerning this matter:-
Firstly, I received the Statement by M. A. Casley Senior Constable, plus photos, which. I thank you for.
Secondly, To make you aware that I have been disadva0ntaged by an error of judgement made at the Marybrough Court on the 8th April 2008, As the Magistrate may have erred in this ruling, as I reside closer to Marybrough and the Moligul property is where more major offence occurred. For your convenience I have enclosed copies of letter "complaint" dated:-
16Th July 2008 To Senior Registrar Stephen Merbach Ballarat, which highlights my reason for concern.
I feel aggrieved by the action of the Magistrate at the Marybrough Magistrates’ Court on the 8th April 2008, and at the St. Arnaud Magistrates Court. 22 May 2008. I trust that any further matters are dealt with in the appropriate Ballarat Court. not the Horsham Courts.
As you are aware of my position and role with in the Aboriginal community, I only ask to be given the same opportunity and courtesy given to others in our community, and as expected by the general public of Victoria.
Thirdly I have also enclosed herewith, a copy, of Sruntiny of Acts and Regulations Committee Executive Officer Helen M Mason, dated 26 August 1996, Which demonstrates the fact that the Victoria Government has no legislated Act, to make laws order and good government for the Indigenous People of Victoria. I note that Victorian Constitution Act 1975 No. 88750 does not mention the Aboriginal People at all.
Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would be appreciated if you could forward copies of such at your most earliest moment.
Yours sincerely
Les McDonald
Monday, October 6, 2008
Need the answers to legal (2) issues
The following is (in part) letters to A-G.and his department responce, I feel the Attorney-General may not realise the importance of the questions put to him.
1st July 2008 Letter to Attorney-General Rob Hulls,." As advised, I now ask the Attorney-General, to clarify if the issue at hand,
1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal People of Victoria, Considering that The Victorian Constitution Act 1975 does not mention the Aboriginal race of Victoria.
2. If the Courts Jurisdiction is question in the Magistrates Court, should the matter then be transferred to The Supreme Court of Victoria, to address the Jurisdiction issue.
3rd August 2008 To Attorney-General Rob Hulls, "Re: Courts Jurisdiction I write to bring to your attention that as yet I have not received any response to the Urgent issues raised in my Letter dated 1st July 2008".. "As this matter is most urgent and of growing public interest, it would be greatly appreciated if you attend to the matters raised at your earliest opportunity"
6th August 2008. From Attorney-General "We have received your correspondence of 1 July and your further letter of 3 August".." correspondence is referred to the Department of Justice for a response to be prepared. Due to the volume received and the work involved immediate responses cannot be provided" Yours sincerely, Lyn Malone,DLO Justice Office, Office of the Attorney-General
13 From the Department of Justice, Office of the Executive Director, Courts On behalf of Attorney-General Rob Hulls, You have requested that the Attorney-General clarify the following issues" (see 1. and 2 as 1st July 2008 ) "I note that you currently have a matter before the Magistrates' Court. The matters you raised are legal issues; neither the Attorney-General nor any public servant can provide you with legal advice about your mater.
signed JOHN GRIFFIN, PSM Executive Director, Courts
I point out, the only time people need to clarify Legal Issues is when the matter is before the Courts, It is very disappointing that the Attorney-General or no public servant can not provide this legal advice. Why is this so?
Is it because,
(a) The former Minister for Aboriginal Affairs Mr. Jennings. media release of dated Wednesday, 8 June 2005, made it know that "From July 1st ATSIC regional councils end and their will be no formal representative striation in Victoria for Government to hear the views of Indigenous People" or
(b) "The matters raised are legal issues; would that clarify that the Victorian Government has no power to make Laws for peace, order and Good Government for the aboriginal people of Victoria
Your personal comments would be greatly appreciated,
Your sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
1st July 2008 Letter to Attorney-General Rob Hulls,." As advised, I now ask the Attorney-General, to clarify if the issue at hand,
1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal People of Victoria, Considering that The Victorian Constitution Act 1975 does not mention the Aboriginal race of Victoria.
2. If the Courts Jurisdiction is question in the Magistrates Court, should the matter then be transferred to The Supreme Court of Victoria, to address the Jurisdiction issue.
3rd August 2008 To Attorney-General Rob Hulls, "Re: Courts Jurisdiction I write to bring to your attention that as yet I have not received any response to the Urgent issues raised in my Letter dated 1st July 2008".. "As this matter is most urgent and of growing public interest, it would be greatly appreciated if you attend to the matters raised at your earliest opportunity"
6th August 2008. From Attorney-General "We have received your correspondence of 1 July and your further letter of 3 August".." correspondence is referred to the Department of Justice for a response to be prepared. Due to the volume received and the work involved immediate responses cannot be provided" Yours sincerely, Lyn Malone,DLO Justice Office, Office of the Attorney-General
13 From the Department of Justice, Office of the Executive Director, Courts On behalf of Attorney-General Rob Hulls, You have requested that the Attorney-General clarify the following issues" (see 1. and 2 as 1st July 2008 ) "I note that you currently have a matter before the Magistrates' Court. The matters you raised are legal issues; neither the Attorney-General nor any public servant can provide you with legal advice about your mater.
signed JOHN GRIFFIN, PSM Executive Director, Courts
I point out, the only time people need to clarify Legal Issues is when the matter is before the Courts, It is very disappointing that the Attorney-General or no public servant can not provide this legal advice. Why is this so?
Is it because,
(a) The former Minister for Aboriginal Affairs Mr. Jennings. media release of dated Wednesday, 8 June 2005, made it know that "From July 1st ATSIC regional councils end and their will be no formal representative striation in Victoria for Government to hear the views of Indigenous People" or
(b) "The matters raised are legal issues; would that clarify that the Victorian Government has no power to make Laws for peace, order and Good Government for the aboriginal people of Victoria
Your personal comments would be greatly appreciated,
Your sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Wednesday, September 17, 2008
Public Jury. Verdict Point first point 1
U" Be The Judge, Re: Jurisdiction of the Courts, at Magistrate 22 May 200, Magistrate (Hon) Officer of Public Prosecution (Opp). Defendant (Def)
Court Transcript start at 00:00:00 at 00:00: 31 raised the of matter Jurisdiction:-
Hon. Because, because. if in fact their was going to be a challenge..to ah. .Jurisdiction ..it’s a challenge ..which will take place I would imagine would be in the County Court
Def. I was under the impression it would be the Supreme court
Opp. No
Stopped at 00:0048
Public Jury. Verdict Point first point 1
His Hon. Imagined that it would be in the Country, the Defendant it would be in the Supreme Court, and the OPP disagreed saying No.
Who is right, Now whom to you say is correct
4:1 start typing
and ends at (00:42:45
It will be of interest to note the many letters previouly post to Chief Magistrates and Departments requesting the matter of the Victorian Parliament and the Courts to clarify the qustion for Jurisdiction over the Aboriginal people of Victoria, which still has not been addressed. you may well ask why not,
Court Transcript start at 00:00:00 at 00:00: 31 raised the of matter Jurisdiction:-
Hon. Because, because. if in fact their was going to be a challenge..to ah. .Jurisdiction ..it’s a challenge ..which will take place I would imagine would be in the County Court
Def. I was under the impression it would be the Supreme court
Opp. No
Stopped at 00:0048
Public Jury. Verdict Point first point 1
His Hon. Imagined that it would be in the Country, the Defendant it would be in the Supreme Court, and the OPP disagreed saying No.
Who is right, Now whom to you say is correct
4:1 start typing
and ends at (00:42:45
It will be of interest to note the many letters previouly post to Chief Magistrates and Departments requesting the matter of the Victorian Parliament and the Courts to clarify the qustion for Jurisdiction over the Aboriginal people of Victoria, which still has not been addressed. you may well ask why not,
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