Article View: cu.general
Article #456Re: Australian Cover Up!
From: Brian Hinkle
Date: Tue, 19 Dec 2000 22:36
Date: Tue, 19 Dec 2000 22:36
606 lines
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30253 bytes
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 What the hell is this? I do not understand. Not only does the guy have no idea how to spell or organize sentences, the entire thing is just an incoherent rambling manifesto against some obscure australian regulation. I hate crossposters! Brian "Mike" <mijchael2@bigpond.com> wrote in message news:QoXW5.152078$e5.97662@newsfeeds.bigpond.com... > > This unique, fascinatingly complicated Australian Legal matter > is being denied any process. So we're trying to get some process > for it, via Magazines, lawyer, govt, media, public interest, some > such thing. We're doing this because as it stands, the other side > just state what they like and don't answer to anything. > > If you have time, you can read details below. If you can help > you can get > back to us at the enclosed e-mail. If you have any interest in > basic justice, post the matter on to a few others, for example > friends, local MP's, media saying you think it should be reported. > > - What happens if this matter gets process at all, that's so far > caused the media to refuse to report it, lawyers not to take it, > and the Govt to refuse even any Charge data or appeal scopes for > it? > > I am left trapped in a viscious circle of this, unable to ever > have basic Govt onus Charge details or any approach to it so far. > Because those details have not been adequately supplied since the > matter started in '91. Which is also > the First time in Australian history since Federation in 1900, that > the basic > process levels of a significant enough matter have been denied. > > Also this is the first time in a mainstream legal case question, > that the basic Mens Rea/Strict Liability legal concepts have been > ignored as their literal and historical meaning and Statutory legal > effect. > > A point of this I find interesting is that what I detail below, > also is NSW > claiming to pass a Pagan New Federal law in that way. That means it > applies to YOU, if you are on Australian soil. Well therefore, it > could apply to any writing on paper at all. > > And at that ratio, behind a one year's jail maximum penalty, > they could just make up you were guilty of any crimes at all, real > or made up, murders, rapes, whatever, never supply details or > process, and say it is too insignificant to have a lawyer or legal > aid. > > Great way for the bureaucrats to clean up all the unsolved > crimes eh, even just on one person. Or get a person out of the way. > Anyway - > > Its a Federal Law matter, NSW deciding to exercise the Invested > Federal Jurisdiction. It started out with a charge attempt which > claims a Strict Liability charge to represent the Mens Rea only > Commonwealth 1914 Crimes Act Provision 85(s)(b). > > The charge claims itself as theoretical argument about any > opinion at all of a letter's surface only, (or ' within its four > corners', as is the legal term for that concept.) how people would > regard that surface, regardless and exclusive of the letter's > circumstances, nothing even established or > known of its circumstances so, irrespective of them. > > The police/prosecution were attempting to claim a Public > censorship scope for a letter's written surface alone, during > Postal usage. Only as it turns out they did not have any postal > usage to use for it, but didn't realise that for months. > > Claiming to be made under Section 85(s)(b) C/Wealth Crimes Act, > the Charge read, - that I, > -----------------" On the 11th day of october, 1991, at Wentworth > in the state > of NSW, did use a postal service supplied by australia post, in > such a way as would have been regarded by reasonable persons in all > circumstances as offensive. "---------------------------- > > That is the complete, exact wording and punctuation, and > applying to the surface of a letter within its 4 corners. As is the > data supplied as the police brief surrounding those charge words to > set the situation and nature of the charge, by and at the Committal > hearing in December '91. > > Sic, _ _ ' that people viewing the letter's written surface > only, would find its words offensive in all the possible > circumstances that could occur on the Australian National scale.' _ > _ > > So that means, in a charge nature of theoretical argument, out > of all the circumstances possible nationally, the defence only has > to, with any theoretical argument, produce one, where the letter's > surface could not or would not be thus regarded, and the Defence > wins the case. > > To me that makes the charge uncertain. For example, seeing as > its not feasible to go through all the possible circumstances, is > there a set amount of possible circumstances the defence is allowed > to produce to test that? I suppose we can presume it is more than > one go at least. > > - 1 - In '92, The Magistrates penalty was a $400 fine. > > - 2 - In '93, in the started trial process of my Review appeal on > questions > of Law, the Judge, Wall, ruled the charge attempt appeared to be a > total Nullity with no scope of procedure as a charge, but that the > factors it involved were complicated beyond the available charging > range the > unrepresented Defendant has to face, and so necessitated specialist > legal aid and representation for me before the matter could proceed > any further. > > Wall then adjourned the matter mid Trial, until that specialist > aid eventuated, and he then set the matter for recommencement > before > himself one year later. > > - 3 - In '94, without explanation or details, a different judge, > Taylor forced himself and a Denovo trial(different type of trial) > on my started Review appeal in Judge Wall's court. Taylor also > attempted a penalty. It was the maximum allowable 3 year good > behaviour bond, the first 18 months of which was to be served being > supervised by corrective services, again the 18 months is the > maximum . > > Unfortunately the situation doesn't seem to be as simple as that > if you want to deal in terms of it. > > Already since '91, the situation has caused me to have to spend > all the money I had trying to get and/or supply basic charge > details, and that as the only approach the matter allows at all. > Between $50 -2,500 a week, in contact with up to 5 depts a week, > for no result so far, and now I am broke. > > Getting back to some details; of the relevant circumstances of > writing of a letter, in this matter, I have never been asked yet, > how and why I wrote the letter. It is not established or known if > the people and places mentioned in the letter exist at all. No > people or anyone claimed as such people have > ever been present in this charge, court or anywhere else at all in > this matter. > > The nearest thing to anything established or known of the > letter's circumstances is that a mystery woman, not of the same > name as on > an envelope, or in the letter, took an envelope and letter to a > police station > 300 miles from the envelope and letter's alleged physical > relevance. This is purportedly the same letter that 2 other people > 9 days prior to that, had taken to a Police station back at that > 300 miles away place. > > That is all this matter knows and has ever heard of her or them > and how and why that was. I do not know who, how and why she or > they are. As far as I know none of the Police concerned knew or > know any more of them than that. > > Police then, presuming postal usage from that, and with no > interest in the letter's legality or circumstances, thought they > had the above cited charge available to them, and so proceeded with > that degreeless, peopleless, circumstanceless, yes/no question and > answer Strict Liability charge attempt. > > Sic, _ _ ' that people viewing the letter's written surface > only, would find its words offensive in all the possible > circumstances that could occur on the Australian National scale.' _ > _ > > So the prosecution were attempting a separate aspect of letters, > and so irrespective of our other Law of letters, and regardless of > whether in our other Law the letter and/or letter's circumstances > were good, bad, legal, illegal or other. And, with nothing > established or known of the circumstances so, exclusive of them. > > Thus from early on in the matter as I tried to pertain to the > charge, I coined the phrase ' irrespective, regardless and > exclusive' of the letter's circumstances. For that detail, that > seemed the best phrasing. > > Actually the original charge sheet given to me had a wrong # on > it. It claimed the charge was made under Law 855 of the C/Wealth > Crimes Act, and that act only goes up to 125 or so. But the point > has never had > any process yet. > > Because of the wrong 855# on the Charge sheet I was unable to > find the Law the charge was supposed to represent. I presumed it > was some rarely used obscure antiquated law that must run > concurrently and at total loggerheads with our other law of > letters, those factors and procedure. > > At first, on those grounds, I tried to convince > Police/Prosecution that it should not be applied, because it was > basically unjust. They insisted on the charge, couldn't explain it > anymore than that, and I gave up trying to get explanations, > leaving that for the court to provide. > > The magistrate at the 1st court appearance Aug '92 refused to > allow any explanation. She applied the prima facie charge as it > was, and claimed many contradictory unavailable elements, and met > no definition of her actions even. > > Which resulted in multiplying the already extensive, complicated > situation, and still we had no explanation or definition of > anything to use or pertain to. > I then Review appealed it on a Question of Law. NSW purported to > supply the District Court for this. > > At the Review appeal, in the specifically opened, started trial > process, the Judge, Wall, upon a brief cursory look at the surface > data, stated it appeared the charge was a Nullity, because there is > no scope of changing the Charge Nature(Strict Liability) to the > Mens Rea nature the Law the charge tries to represent, 1914 C/w > Crimes Act 85(s)(b) solely is. > > Wall then strongly condemned the Police prosecutor and Magistrate > for their failure to notice the flawed situation, and then > condemned the new prosecutor for also trying to ignore the charge > flaws, and Wall further stated that the mess the charge data was in > and the elements it involved, were beyond the available charging > scopes that the unrepresented defendant has > to face, and, that they necessitated specialist legal aid for me > before any more procedure in the matter. Wall granted adjournment > till then, and set the matter for recommencement before himself > again one year later. > > Due to the matter occurring in a distant complicated border > situation, Legal aid refusing to pay attention to Wall's ruling, > and me having a serious back injury then, I could not get a lawyer > in the interim year. > > The next year the different judge Taylor, without explanation, > forced himself and a Denovo trial on the matter. He refused to > allow any > explanations, and did not supply any definitions of his actions > even. > > Nor did he manage to supply anything for the charge, as his > complicated vocal only attempts were that undefined, senseless, > impossible to exist with one another, contradictory and > unsatisfactory at all. But all his attempted widely ranged 220 > counts claim are distinct from the Magistrate's many alleged > details, yet are also claimed by him to be the same exact charge > and details as the Magistrate used. > > Also he rules he is only using one count not allowing of the > others, and along with the Magistrate's claims and other components > are all equally the only relevant elements for the necessary charge > explanation. So Taylor too has vastly multiplied the already > extensively in need of explanation entire situation. > > I feel my right to have basic charge and jurisdiction Govt > onus process is > being denied here. > > For example, to have anything yet of charge details I am left > with having to supply them for and to the matter at this stage, > that the only approach the matter has yet enabled, and with the > nearest vehicle capable of doing it, a $250,000,000 High Court > hearing. > > Also I am subjected to the unspeakable horror of the Judge, > Taylor. The self altering ordeal of being subjected to that many > serious charges in that way, without a chance to know them first to > prepare a defence. Being charged and dealt with like that in this > NSW style Kafka-esque shadow court has ruined my life. > > Whereby Taylor seeks to mindlessly make up 100's of serious > different charges, crimes, degrees, counts, etc, in different many > times over terms of people, actions, relationships, natures and > circumstances, in this degreeless, peopleless, circumstanceless > charge attempt situation > and nature he forced himself on. > > There were no people he alleged of this charge in this charge, or > available to this charge, even in his court at all, or any such > people in his court at all, or ever any people produced in relation > to the charge anywhere else in this matter either. And, a letter > could only have one circumstance anyway. > > Taylor groundlessly and unsoundly through and through, made them > up. Made up these many circumstances, charges and process for them, > and then faked things to huge degrees further, even of what he made > up. > > Next, Taylor became inspired to crusade, to totally protect > society from these very many serious things he made up, and thus > still that unsoundly and different from all previous, made up that > further large set of elements too, for his findings, reasons and > sentence. > > His grounds for making up so many different things the head > spins, was that in relation to the theoretical argument any opinion > of a letter's surface charge I said, _ _ " all my actions were > properly within the Law "_ _. > > That was Taylor's supposed confession of such guilt by me as to > allow him to make those things up at that stage of the matter. Yet > he clearly had no scope to attempt to disprove my statement. For > the rest of what Taylor made up, he had no grounds at all. > > That was his main basis for the out of sync sentence he seeks > to apply. His sole other big main reason for the grotesqely out of > sync sentence, was his claim that I had during the proceedings > shown I > had no remorse and refused to reform. > > His grounds for that was that in relation to reform I said _ _ > "that in regard of the letter which had been written lucidly, > mundanely properly within the Law, I had reformed on Police contact > in Oct '91, from any possible error. But, I still knew of no error, > or any right of accusation of error, and had no idea what the > accusation was supposed to be, could I please have details so as I > could pertain to it" _ _ > > That was the 4th time I had asked Taylor for at least basic > details of the > charge and/or accusation, because as it stood it was totally > senseless and in need of explanation to exist at all. And for the > 4th time Taylor dileberately > refused to explain or allow explanation of it at all. > > The charge I was there for even in Taylor's carryon, has no > reoffence elements, or any degreed natures, circumstances, people > etc. The basic Law of Charge Procedure says that so the Defence can > know the charge to prepare a case, the details of the charge as one > only Count, situation and nature must be supplied to the Defence > adequately and as the common to all one same Public aspect thing by > and at the Committal hearing, which in this matter was in Dec '91. > > (no crime is specified in the charge count against me here) > > Two more points of the Procedural Law are - > > - Courts are not empowered to create new offences. > > - It is the Law of criminal procedure that the criminal count must > state the specific offence charged, together with such particulars > as are necessary for giving reasonable information as to the nature > and details of the charge. > > (no such information whatsoever is supplied in the charge against > me) > > Basically we have these procedural Laws to enable the Defence to > know the charge and have a chance to prepare a case, and these Laws > prevent the prosecution, Judiciary or public ' shifting ground ' > during the trial, and these Laws ensure that the Defence, if > convicted, will be convicted of the offence charged, and not some > similar, or other offence. > > That Taylor incident occurred in the situation where, after the > year's adjournment, unable to get the lawyer Wall had ruled > requisite, my only preparation for the '94 hearing was study of the > point law, at the stage of it we had left off at in '93. With the > presumption being that Wall would extend the adjournment anyway. > > I am then groundlessly subjected to the mindless, out of sync > carryon Taylor tried to enact. And I am left to suffer its effects, > with no scope of defending or having details at all, and of these > fields where there is totally no scope or right of accusation > against me. > > Long into his judgement, sentence, and comments on sentence, > Taylor distinct from all previous each time, was still attempting > to make up new serious extreme charges and supposed prosecution > produced corroborated process of them, with every statement he > made. With that the only, and that insufficient, details of them. > The prosecution actually produced nothing, not even any vocal > opinion on these points, or any other point. > > It fills volumes, but is part of all that is yet supplied for > any charge details. > > In the Invested Federal Law, all that is available for the > States in their invested usage, is the already decided Federal Law > in uniform amounts. That is our Law, so as to make sure each State > supplies the same Federal Law uniformly, and doesn't attempt to > think the Federal shared Law is an individual State possession. > Among other things, non uniformity would cause chaos. > > So to me, that is the crazy viscious circle situation the matter > is. > > For example, if I or anyone else want to see, use, pertain to > the Charge sheet, charge, charge levels and/or its immediate > details for appeal, proofs or other, what does one use? Where does > it exist? What is it? Who states or can state that of it? What > extents of anything do you need to use? > > Remember, this is the supposedly common to all, one same > adequately detailed thing, Public aspect details at their bare > minimum, we are trying to refer to here. > > And in the Govt's view, those Public aspect charge and appeal > scopes are adequately supplied. So to treat the matter as that and > my onus to take it further, what is what at all? How does one know > what extent of what data to use? > > I don't really feel it is validly my onus to have to face those > things as part > of the legal and/or financial onus on me of the charge I face, but > the Govt insists it is. So what do I use for that approach? I have > studied all the surface Legal text but am yet to find any way of > getting process for the matter. Can someone please help the case > and try to figure out a way of that. > > For the charge details even in that view, it is not yet informed > to the matter, knowable or usable of the matter, what anyone of a > large number of relevant parties is saying that Taylor occurrence > is at all. That is eg, forcing himself and his attempted vocal > recharge on the started trial process, the non-started trial, or > other, or what? > > For example of the questions for this this angle - One of 20 > clerks in the paperwork chain in the interim 93-94 year stated > Taylor should take over? > The nsw attorney general in 97 stated it? The nsw court registrar > in '00 said it was the started trial? Wall said it is the started > Trial, but a clerk said its not? Taylor said it is a trial started > in Wall's court? The Prosecution --? Etc. > > Yet those details are necessary to know what charge we are there > for. To get anything of even those of the necessary details for the > matter, I am supposed to pay about $100,000,000 for the High Court > hearing to determine them now. > > Thing is, as it stands, all Taylor can be read as, for details > of him as part > of this charge, and details of what he is doing in my Review Appeal > trial, is that Taylor is not valid as a Judge, for him and the govt > to have a scope to claim he is what I face for the charge I am > there to answer. > > The Law, particularly of Federal invested matters, says the > same Judge must hear the started trial process. Here that is Judge > Wall. So all that is supplied as details is that the govt has the > job and onus of supplying Judge Wall for the trial. I am not there > for anything else. > > Nothing further than that basic Law has been supplied to this > matter as details of Taylor. So in effect, that is all that has > been supplied as details. How do you pertain to that at all, much > less as a correct functioning charge and adequate appeal scope? > > Yet all the govt say different and refuse any onus of redress, > and removal of the interference to my Review appeal. Which > interference is massive, significant, incredibly demeaning and > offensive to me, and also has horrific far reaching permanent > hideous effects. What are the Govt details? What is what here? > > Also, consider this: > > - I am a fully entitled citizen, with the next best thing to a > 100% clean all round record, just 3 small $100 fines for things > like arguing with police on it , the last of them 24 years ago. > > - There is very much nothing behind the scenes either, that might > in some way entitle the carryon I've had to endure. My behaviour > has been that exemplary too, through that period. No contact with > police beyond a few parking tickets. I've never been a suspect or > involved as the subject of any police or other official operations. > Up till the '91 start of this matter, none > of the police and people involved then and since had ever met or > heard of me. And there is nothing derogatry to hear. > > Any help anyone can give me to enable this matter to get > relevant process > would be greatly appreciated. > > Even treating the matter as the correctly functioning charge > the Govt says it is, doesn't make sense to me. You see if you treat > it as that, then the question of flawed deficient basic process > factors is only one possibility of appeal, and it is the defence's > freedom of choice if they use it or not. Or the defence can appeal > on other grounds such as severity of sentence, wrong decision, not > guilty etc. > > Well if anyone's wondering what I'm getting at, its this. Say I > adopt the govt attitude and spend the $250,000,000 necesssary to > pertain to the matter as a correctly functioning charge, and roll > up to the High Court for that hearing, what does that provide? The > Govt immediately says it is only a question of deficient basic > process to these astronomical degrees of these factors as I > describe above? > > What, just scrub the $250,000,000, and ask for an adjournment so > as I can spend another $250,000,000, now preparing a case in regard > of deficient basic govt onus process details? Honestly, I don't > understand even that point at all yet either. > > Well that's my story, for this face of trying to get process for > what I see as an injustice. If you think this matter should have > process, things that might help include a specialist High Court > lawyer, or Govt supplied Commission type High Court hearing, or, > seeing as presumably most people can't individually cause those > things, you could post this letter on to a few others, adding your > opinion that you think it should have process. > > Thanks. > M. > > > For any purists of a matter's details, some associated data is: > > - Since '92 the Trial transcripts have been extensively > significantly Forged, and so far all the govt has refused to deal > with that. Points have been forged to attempt to make it look like > the prosecution and judiciary had some grounds, or made some sense > as a definition, where in fact in all the process of this, the > prosecution and judiciary at the Magistrate and Taylor's court have > not made one valid or even defined point. And things I said have > been changed to make it look as if I enabled some grounds against > me in some form at least, where in all the process, what I said > enables no such thing. > > - However the forgeries failed to achieve any definition either, > so are only further multiples of the undefined data. The thing is, > with the govt saying all is A-OK with charge levels and appeal > scopes, the charge needing explanation to exist at all, and only > vocal details supplied as it by the Magistrate and from then on, > the only explanation is the vocal details of the purported enacted > process. So with the forgeries in the way of it, even that has been > impossible to use for details yet. What do I use? Take the tapes > and transcripts to the High Court, as the only approach this matter > allows? > > - The Federal police officer who refused to investigate or deal > with the seriously forged trial data of the matter, and wasted a > year of the matter's time, was a Martindale, who soon after that > left the AFP and joined Pauline Hansen's political party, and was > publicly seen during the last election. > > - Involved along the way also are interesting enough situations of > 6 or 7 notable enough public figures. For example Gleeson the now > High Court Chief Justice, because of court staff mistakes in his > nsw court of criminal appeal days not long before his HC > appointment, accidently sat on this C/Wealth law, High court itself > data matter. > > The Federal Law status of my matter is only able to be read as, > that it must be referred to the High Court for any statement, > definition or procedure at all. With that fact sitting at about 2+2 > level on the national legal scale, Gleeson didn't even recognise or > have a clue of it. All Gleeson said was, if my story was true, it > would possibly mean Natural Justice was being denied in the matter. > > I wonder if Daryl Williams, who has long denied process for > this matter, knew that Gleeson had already sat on it when Daryl > appointed Gleeson to the High Court? If the matter does get to the > HC in Gleeson's tenure he cannot sit on it again. Also in relation > to Gleeson there are a few other still live, legally intriguing > situations. > > -The 2nd and final prosecutor in this matter, now of the C/w > prosecution office, is Grant Lawlor(the one who recently in a > lecture to students in Canberra, conveniently gave away the > prosecution case in the politicians rorts affair.). But up till > when the false judge Taylor in may '94 forced himself and a denovo > trial on my started Review appeal in Judge Wall's court, it seems > Lawlor may not have been of the C/w prosecutor's office. > > At least in that far distant Wentworth nsw(near Mildura)court, at > the yearly sittings in '93 & '94, Lawlor from Wagga was prosecuting > all the other local State matters. In all the media reports of > federal matters I have never seen a c/w prosecutor operate in any > more than the one matter he/she is sent in to deal in. Judge Wall > made a point even in his short time, of pointing out the slimy > reputation Lawlor had. > > If Lawlors only claim to promotion IS that he participated in, > and abetted a Judge totally crazily interfering with the court > process of a trial and another Judge's court, then why are he and > the other people concerned, people we 100% want around in place of > the requisite basic Charge and all other > process of this matter? > > - The judge Taylor, who forced himself and a Denovo trial on the > started trial process of my review appeal in Judge Wall's court, is > not exempt at all from our Laws against interference with trial > process. Taylor is the same as eg John Laws the talk show radio > host, or anyone else. > > Thanks for your time. > M. > > > > > > -----BEGIN PGP SIGNATURE----- Version: PGPfreeware 6.5.8 for non-commercial use <http://www.pgp.com> iQA/AwUBOj/jAGh6IbPJvFmPEQKSpwCfVncVzmYRvsYfFfuYO40PeteECJ8AnRIu QFQhMgirKfc6I6hE07lzmEF9 =6gvD -----END PGP SIGNATURE-----
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: fe6a3,71394655cff79f80 X-Google-Attributes: gidfe6a3,public X-Google-ArrivalTime: 2000-12-19 14:36:57 PST Path: arc1-ca.pugleaf.net!supernews.google.com!sn-xit-02!sn-xit-03!supernews.com!hermes.visi.com!news-out.visi.com!news-out.uswest.net!news.uswest.net.POSTED!not-for-mail From: "Brian Hinkle" <terranwannabe@qwest.net> Newsgroups: cu.general References: <QoXW5.152078$e5.97662@newsfeeds.bigpond.com> Subject: Re: Australian Cover Up! Lines: 609 X-Priority: 3 X-MSMail-Priority: Normal X-Newsreader: Microsoft Outlook Express 5.00.2919.6700 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2919.6700 Message-ID: <aqR%5.574$9G6.278585@news.uswest.net> Date: Tue, 19 Dec 2000 15:36:50 -0700 NNTP-Posting-Host: 216.160.144.252 X-Trace: news.uswest.net 977265414 216.160.144.252 (Tue, 19 Dec 2000 16:36:54 CST) NNTP-Posting-Date: Tue, 19 Dec 2000 16:36:54 CST