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Victorian Government Solicitors Office

23-11-2018

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C/o Matthew Carrazzo

 

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Principal Solicitor @ Victorian Government Solicitor's Office

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Workplace Relations & Regulatory Compliance

 

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Victorian Government Solicitor's Office

 

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Level 39, 80 Collins Street, Melbourne Vic 3000

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t +61 3 9032 3004 f +61 3 9032 3049

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Matthew.Carrazzo@vgso.vic.gov.au <Matthew.Carrazzo@vgso.vic.gov.au>

 

Managing Lawyer @ Brimbank Melton Community Legal Centre

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Ref: 20181123-G. H. Schorel-Hlavka O.W.B. to Victorian Government Solicitors Office

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Sir,

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because your email address is doubtful as to if it is with or without spaces, etc, I will use

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different versions as to try to make sure you receive it.

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As you may recall you were involved in the Pervakis v Schorel-Hlavka CCV No AP-12-

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1704 matter in which the Victorian Government Solicitors Office represented Pervakis and

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when the matter came on appeal before Her Honour Gaynor J in the County Court of Victoria

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Her Honour made it clear that within the provisions of the legislation anyone could bring a case

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regarding such matter to the court.

 

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QUOTE

From:

Matthew.Carrazzo@vgso.vic.gov.au <Matthew.Carrazzo@vgso.vic.gov.au>

To:

mayJUSTICEalwaysPREVAIL@schorel-hlavka.com, schorel-hlavka@schorel-hlavka.com

Cc:

 

Date:

Friday, September 21, 2012 04:10 pm

 

Subject:

Schorel-Hlavka v Parvakis - County Court Appeal (Our Ref: 1121763)

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28 (2KB)

(2KB)

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29 Scho3107Extract.doc (47KB)

Scho3107Extract.doc (47KB)

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Gerritt,

 

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I refer to our telephone discussion this afternoon

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Please find attached a transcript of the digital audio file containing the recording of your evidence

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to the Magistrates' Court at the hearing on 31 July 2012:

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I will arrange for a copy of the CD containing the complete recording to be sent by express post this

 

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afternoon, so that it shall hopefully arrive on Monday.

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I am grateful for your indication that you preliminary indication that you will not take issue with the

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authenticity of the recording. I understand your position to be that the admissibility of the recording

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as evidence of any admission by you concerning the failure to lodge a campaign donation return

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may still be the subject of argument.

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I am also grateful for your indication that you do not require Mr Oldfield's attendance as a witness,

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as was the case with the Magistrates' Court hearing. I will notify Mr Oldfield that his attendance is

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not required.

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Finally, I confirm that I will seek instructions from my client as to any application for an adjournment

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of the hearing on Wednesday, on the basis that your preparation for the hearing has been

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disrupted by the hacking of your home computer systems and deletion of much of your stored data.

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I will contact you on Monday to confirm these instructions.

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Yours sincerely,

to confirm these instructions. 16 17 Yours sincerely, Matthew Carrazzo Senior Solicitor Workplace Relations &

Matthew Carrazzo Senior Solicitor Workplace Relations & Regulatory Compliance

Victorian Government Solicitor's Office Level 39, 80 Collins Street, Melbourne Vic 3000 t +61 3 9032 3004 f +61 3 9032 3049 matthew.carrazzo@vgso.vic.gov.au

Think Green before printing this email.

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END QUOTE

 

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Hence, I now request that the Victorian Government Solicitors Office institute legal proceedings

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against those ALP members who failed to disclose the monies the Victorian Ombudsman held

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they benefitted in their financial declaration, by this using me as the informer.

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I understand that reportedly Mr Anthony Carbines benefitted $12,361 and obviously where I

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understand he would have failed to declare this in his financial statement at the time then I view

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he committed perjury filing a false and misleading statement. This is precisely what I stated in

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court I didn’t want to do.

 

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Where also this was in relation to ALP person Lenders than I view this constitute a

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CONSPIRACY where it involved more than one person to do so.

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I understand it was also unlawful for Mr Anthony Carbines (then being a Banyule City Council

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councillor) using council employees for his personal political ends, as he did with regard of

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sending a by-law officer to my residence claiming I had littered outside his office and that

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causing him/them to remove my banners and posters that were part of my election as an

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INDEPENDENT candidate in the 2010 Ivanhoe State election.

 

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I have other pictures which shows that my posters in Banyule City were ripped off from where

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they had been displayed, which are not included in my 22-11-2018 correspondence to the Chief

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Commissioner of Police Mr Graham Ashton.

 

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See also my correspondence posted at my blog:

 

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Our democracy finds its roots in FAIR and PROPER elections but it now appears to

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me that the Victorian Police takes far too much time to do the job that could have

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been expected from it to hold certain people legally accountable!

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This document can be downloaded from:

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This document shows images relating to the damages to my election banners and posters, etc.

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If you are really concerned about upholding the rule of law then why not pursue appropriate

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charges against those who omitted to disclose their financial gains in their financial statements?

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Further, as I make clear the issue is that when a State election is called then all seats are declared

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vacant, and as such until the return of the writs wed do not have a single Member of Parliament.

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We do however have a care-taking government in that time. It means that the care-taking

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Government must act without political bias and as such cannot at taxpayers cost involve itself in

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political matters to favour themselves. Hence any usage of telephone, time and office facilities

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cannot be used for political election. Neither can any former Member of Parliament, regardless if

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they are in a ministerial position or not use taxpayers funded services. As such all and any

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Member of Parliament/former Member of Parliament who uses public monies to advance

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himself/herself or other political aligned person would be financially benefitting from this and

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regardless if there is any legislation on foot to purportedly permit this it nevertheless violated s44

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of the Commonwealth of Australia Constitution Act 1900 (UK) to which the States within

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Section 106 subject to this constitutionare bound to the embedded legal principle of Section

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44, which was derived from the colonial constitutions.

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There is also an issue that Premier Mr Daniel Andrews authorized the release of about 80,000

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pages relating to decisions of Mr Matthew Guy then as planning Minister. The issue is that

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clearly the release (itself breaches publications of privacy legislation of certain confidential

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details) was for no other purpose but as a political tool. To scan in and convert those 80,000

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pages into a pdf format would have taken numerous hours and hence the cost of this for political

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purposes cannot be deemed for the public purpose and I view by this Mr Daniel Andrews

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misused/abused his office and legal powers as a Premier to do a political battle and should be

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held legally accountable for the cost associated with this.

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.

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Likewise so with the rorting of the Red Shirt issue, I view that the litigation such as the High

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Court of Victoria case against the Victorian Ombudsman was not one of a nature of public

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interest but was a private matter of those involved in the Red shirt issue and hence the cost of

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reportedly more than $1 million was to be deemed a private matter cost which the Premier and

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others involved should re-reimburse the taxpayers and be held legally accountable for defrauding

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the State consolidated Revenue fund (taxpayers).

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Further, as it is a violation of electoral laws to interfere with the political material of a candidate

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and my evidence before the court, not challenged whatsoever by the prosecution both before the

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Magistrates Court of Victoria and on appeal before Her Honour Gaynor J in the County Court of

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Victoria then I view charges should have been laid against Mr Anthony Cart bines and those who

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assisted him in vandalizing, stealing, interfering my election material.

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The following transcript is about the court case against me and it must be made clear and

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understood that my evidence as to Banyule City Council involvement and so of Anthony

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carbines and others was never challenged! As such it was uncontested evidence in court.

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Pervakis v Schorel-Hlavka CCV No AP-12-1704

 

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QUOTE 31 July 2012

 

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TRANSCRIPT OF PROCEEDINGS

 

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MAGISTRATES' COURT

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No. C11666860

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HEIDELBERG

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TUESDAY 31 JULY 2012

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BEFORE MS S.M. WAKELING, MAGISTRATE

 

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LOCAL GOVERNMENT INSPECTORATE v. GERRIT HENDRIK SCHOREL-

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HLAVKA

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EXTRACT OF PROCEEDINGS

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MR M. CARRAZZO appeared on behalf of the Local Government Inspectorate.

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MR G.H. SCHOREL-HLAVKA appeared in person.

 

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PROCEEDINGS RECORDED BY MAGISTRATES' COURT

 

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SPARK AND CANNON

9248-5678

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Level 9, 620 Bourke Street, Melbourne

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The Crown in right of the State of Victoria.

 

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This work is copyright. No part of it may in any form or by any means (electronic,

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mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in

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a retrieval system or transmitted without prior written permission of the Authorised

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Officer.

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HER HONOUR: Yes, all right, now, Mr Schorel-Hlavka, I've indicated to you previously

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that you are not required to respond to the evidence that I've heard, that if you choose to

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give evidence in response to the evidence of the prosecution this is your time to do so.

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MR SCHOREL-HLAVKA: Can I take my laptop with me?

 

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HER HONOUR: Absolutely.

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<GERRIT HENDRIK SCHOREL-HLAVKA, sworn and examined:

 

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HER HONOUR: Now, you're welcome to have a seat, Mr Schorel-Hlavka?---Thank you.

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May I make a statement first of all, Your Honour, so that that may help?

 

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Yes, I think that the best way of proceeding is for you simply to tell me about the

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circumstances that I need to know about in response to the allegation that is made?

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---Your Honour, Banyule City Council and myself had a long running dispute in regard

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of elections. I'm a person who stands up for the constitution and my elections are about

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constitutional matters and a proper observation of the constitution. One of the issues I

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have been dealing with is that the councils were overcharging ratepayers in certain ways

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like on pensions because they're not following the Commonwealth requirement to limit the

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rate increases to CPI, so what Banyule council's been doing; for instance when I stood

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against one of the councillors for the election they then, in 2010, started to remove all my

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posters and banners because of the damage to the council if I was to get elected. The

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extent was that far that even the police got involved because my posters were slashed, it

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scared my wife, they dumped them in my yard. Councillor Anthony Carbines at the time;

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he instructed councillors to remove my banners and posters and this went on, so that was

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during the Ivanhoe election.

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Who was it? Who do you say instructed the council - - -?

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---It was then Councillor Anthony Carbines. He was then subsequently elected in that

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election. I was also - had my posters and banners regarding opposition of freeway when he

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was in favour of the freeway, so there was quite a clash there. He even had the council on

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my back saying that I was littering the road with how to vote cards. Now, I gave out free

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how-to-vote cards outside the post office and because he had his office next to the post

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office - - -

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You've identified the problem that you were having?---Yes, okay, so there was a little bit

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of problem there, so the council basically was targeting me unrealistically because how-to-

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vote cards are outside our litter laws, but anyhow, so that had been going on which the

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police investigated and I said, "Look I want from the council an investigation and I want

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you to compensate me for the missing posters and banners." When it came down to the

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Olympia ward election the same thing again was happening; that's the election ward

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(indistinct) the same thing happened. My banners and posters were being removed, not of

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any other candidate, only mine, and there was quite a correspondence of that, so my letter -

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and then Kylie Boyle; she wrote about the returns and everything else and I had already

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written previous to the council that for me to do a return I would have to know how much

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compensation do council provide because that basically has to be disclosed as part of a

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donation because it was regarding cost incurred previously, et cetera.

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Let me just make sure I understand what you're telling me there. You're saying that in

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order to determine the declarable donations received by you in the election campaign you

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had to have resolved the issue of the compensation due to you from the council?---Yes,

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that's what I was asking for; the loss of all the banners that they were taking away during

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the election.

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You were proposing to set off the compensation owed to you by the council against the

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donations that you received. Is that right?---Well, I didn't receive any donations, but if the

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council were to give me a donation then that would have to be declared as a settlement,

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let's say, for the missing posters. In fact, Your Honour, when Kylie Boyle was involved in

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that there was ongoing correspondence. Now, one of the letters was in fact my 5 May

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2011 correspondence to Kylie Boyle, immediately the same day when she wrote to me,

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you know, that I still could file and in that for instance I stated where I am to make a

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declaration that obviously the issue is that it must be done to the facts and not simply is

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concocted or just made up and hence I will await from each council their report to me as to

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resolve the investigation and also any conclusive report that the Victoria Police may

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provide. Finally, one day, I can, in all honesty, provide any declaration that ordinarily are

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or may be required within a specific time period. It was simply I have asked for

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investigations by the council already for a long running time and ask them to compensate

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me for the damage that was done et cetera which is basically towards the election funds

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because it's part of it. I've clearly indicated that, so it wasn't an issue about saying I thumb

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my nose on the law, I don't do that. It was simply that I am saying, "Look if you want me

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to make a declaration let me do it in an honest and proper manner." That's what the issue

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was about, so there was ongoing correspondence, but I'm just saying the 5th. So what

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council obviously did, and the witness before said that he didn't know about it, but clearly I

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was in communication with Kylie Boyle from Banyule council. There was police

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investigation going, there was council elections going on and I still haven't had a response.

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Now, when I immediately the same day respond, right, to them then it doesn't show that I

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just thumb my nose on them and said, "Look I ignore you." I have asked them to respond

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back to me and I know councils don't always respond back immediately, they take their

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time. It has been in other matters that I have written to council too that it takes sometimes

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a year or more before I get a response, so in that regard there's nothing that I did to say,

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"Look I don't care." It is simply - and this letter on 5 May relates to it and this is what I'm

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saying. There was a lot of waiting going on about matters and I believe that in the

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circumstances I acted properly and when Kylie Boyle said, "Look we give you an

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extension of time," whether it's 16 May or not, where she is acting on behalf of the council

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I'm entitled to assume that she is lawfully authorised to give the extension. If she misled

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me that is not my fault. I acted in good faith to what they were saying. Now, in this letter,

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you know, of 5 May - I haven't got a hard copy with me, but I can email it and

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Your Honour can straightaway have a copy of it. It clearly will underline, without going

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into all the details, that this was an ongoing conflict regarding council versus me and I say

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that this matter currently before the court simply is another way of them trying to get back

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on me because I'm exposing what they are doing wrong. I don't believe this is in good

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faith to say, "Look, you know, this man just thumbs his nose on the law." That wasn't it at

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all. Mr McMillan, himself, knows that over the past I have had numerous council issues

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with him regarding a 400 million dollar project in Greensborough. I was the only objector

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and in the end it didn't go ahead because I wrote to the Federal Government it was

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unconstitutional to fund it and in the pub case, so that is basically what I want to say,

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Your Honour.

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Thank you. I just want to be very clear about my understanding of your evidence then. I

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do understand that you were engaged in discussions with the council at least and had

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requested an investigation by the council and an investigation by the Victoria Police with

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respect to allegations made by you that the council was systematically targeting you for the

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purpose of discouraging you from seeking election or hindering your chances of being

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elected?---Yes, not seeking election, Your Honour, if I may correct you - - -

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Hindering your chances of being successful?--- - - - but determined to undermine my

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election.

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You were in correspondence and discussion with Kylie Boyle on behalf of the council with

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respect to the claims that you were making on council and to Victoria Police. Am I correct

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about that?---Yes, that's right.

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During those discussions you received a reminder from Ms Boyle dated 5 May to lodge

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your declaration by 15 May. You had made it clear to Ms Boyle that you were seeking to

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resolve the question as to the moneys owed to you by council either by means of a council

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investigation or a police investigation. You were genuinely and honestly convinced that

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you would be required to declare any funds that you did receive as a result of the

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investigation by council or police in the return following the bi-election and that having

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regard to the fact that that dispute was as yet unresolved you were deferring lodging your

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return. Is that what you're saying?---That's what I indicated. I indicated and, as I said, the

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moment I got her email regarding the declarations I immediately returned back the letter

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saying this and that, so that was all - - -

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Sorry, no, I don't understand that?---When Ms Kylie Boyle wrote to me on 5 May the same

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day I wrote back to her immediately on that.

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Yes?---The problem with have sometimes is the different council office do different things,

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they don't seem to communicate - - -

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What did you say in response to her?---Well, that's what I read out before to you.

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Yes, sorry, and I didn't follow it, so just take me through it again?---Okay. That I wanted

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to do a declaration, but I said here, "One day can I honestly provide a declaration that

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ordinarily may be required within a specific time period", so I'm saying, "Look I want to

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do the declaration, but I don't want to make a false declaration because then I can be held

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liable by law for filing a declaration that may be untrue", so what I needed to do was a

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declaration and I said, at that very moment, "I cannot make a declaration because the

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council has not responded back to me, the police hasn't given me any information yet and

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so I'm in no legal position to give a declaration because if I do now I am liable to making a

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false declaration."

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All right, thank you. I think I've understood your evidence?

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---Thank you.

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Any cross-examination?

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MR CARRAZZO: No, Your Honour.

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HER HONOUR: Thank you. You're free to leave the witness box. Thank you, Mr

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Schorel-Hlavka?---Thank you, Your Honour.

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<(THE WITNESS WITHDREW)

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HER HONOUR: Are there any other witnesses that you would like to call?

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MR SCHOREL-HLAVKA: No, thank you, Your Honour.

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HER HONOUR: So that's your evidence?

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MR SCHOREL-HLAVKA: That's correct, Your Honour.

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HER HONOUR: Thank you very much.

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END OF EXTRACT

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END QUOTE 31 July 2012

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Mr Gerrit Hendrik Schorel-Hlavka and Banyule City Council Chief Executive officer Mr

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Simon Mc Millan are back in court again on Wednesday 26 September 2012, this time in

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the County Court of Victoria for an appeal.

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Her Honour Gaynor J made clear the constitution doesn’t apply to her which caused some

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uproar in the public gallery then Her Honour warned the public to have them all removed

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if they again made a comment. Obviously with a judge who claims to be above the

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constitution one can expect nothing less then to side with the prosecutor.

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Still, I made my case and as my evidence was never challenged then clearly it was implied

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admitted by the prosecutor. Yet, nothing eventuated as to any investigation, etc, after all

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we were, as I understood it, dealing with ALP dominated councils and a council officer

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misusing his position against a other State election candidate didn’t seem to be an issue for

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all concerned other than myself, not even for the VEC.

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You may have wondered at the time why I was not challenging the issue of the financial

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statement, such as false claiming perhaps it was purportedly send in or whatever, but my aim

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was to place on court record that Mr Anthony Carbines and Banyule /City council unlawfully

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interfered with my democratic rights as a INDEPENDENT candidate in the 2010 state Ivanhoe

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election as I all along expected that years later I could rely upon this evidence having been

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uncontested. It was at the time open to the Prosecution to have called Banyule City council staff

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and Mr Anthony Carbines to the court, such as in relation to the appeal before Her Honour

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Gaynor J to counteract, if that was needed if it was held I had made any

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false/misleading/incorrect statement what I had state in the Magistrates Court of Victoria at

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Heidelberg on 31 July 2012, however this was not done.

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Page 8

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Where you then went along to use this transcript before Her Honour Gaynor then you implied

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that the evidence in the transcript is not contested and neither sought to do so in the appeal.

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I in 1985 was given the nickname TRAPDOOR SPIDER by a judge for the manner in which I

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cross-examined witnesses, albeit he did state I was within the rules of cross-examination, and

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refusing/dismissing the submission of opposing Council for an adjournment. A judge then also

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made a comment that I was not addressing an appeal but a single judge, where the judge became

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aware I was making statement for purpose of a subsequent appeal. As a (now retired)

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Professional Advocate I have also represented lawyers (one was a barrister for 22 years) and I do

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not consider a hearing to be isolated in particularly not the first hearing but built upon it for

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further litigation and making it a spring plank for future litigation. Hence, my original evidence

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in the transcript was that I expected you would go along with this and not realize my long term

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intentions.

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For the record Banyule City Council or for that anyone else did not offer and neither made any

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compensation to me for the damage to my election posters/banners, etc.

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I am providing you with this correspondence less than 1 hour prior to Saturday 24 November

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2018 Victorian State election day to commence so it cannot be claimed I make this complaint,

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etc, for sour grapes as to someone losing an election, in which I am not a candidate either, but

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pursues that as the Principle solicitor you now will prosecute Mr Anthony Carbines and others

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who defrauded the State Consolidate Revenue Funds and failed to disclose their ill gained

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financial benefits in their financial statements at the time and so also concealed relevant details.

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.

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At the time that the case was against me I held that this was nothing less than a political matters

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against me as another candidate who neither within the time frame had filed a financial

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declaration was not charged. If despite my reasons and not having to declare any donations

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nevertheless was held to be an offence and needed to be prosecuted then I have no doubt that you

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as a lawyer and oath as a Member of the Bar will ensure that you will vigorously now pursue

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others for their failures to disclose financial issues relevant to the State election of 2014 in

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particular where I had already in my correspondence 20140616-G. H .Schorel-Hlavka O.W.B.

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to Christine Fyffe, Speaker Re EXPULSION Daniel Andrews + James Merlino required-

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etc which also was then forwarded to Mr Daniel Andrews leader of the opposition, as with other

34

correspondences, that he knew or ought to have known that misuse of public monies was not

35

permitted nor the misuse of his office.

 

36

37

 

38

QUOTE

39

Ethics Orientation for State Officials

40

Misuse of Public Funds

41

Public Funds may not be Used for Personal Purposes

42

END QUOTE

 

43

44

QUOTE 20140616-G. H .Schorel-Hlavka O.W.B. to Christine Fyffe, Speaker Re EXPULSION

45

Daniel Andrews + James Merlino required-etc

46

WITHOUT PREJUDICE

47

Christine Fyffe, Speaker

16-6-2014

48

49

50

Cc:

Mr D. Napthine Premier of Victoria denis.napthine@parliament.vic.gov.au

23-11-2018

Page 8

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Page 9

1

Treasurer Michael O’Brien michael.obrien@parliament.vic.gov.au

2

Daniel Andrews leader ALP daniel.andrews@parliament.vic.gov.au

3

 

4

Robert Clark Attorney General robert.clark@parliament.vic.gov.au

5

 

6

Matthew Johnston matthew.johnston@news.com.au

7

8

9

10

11

12

20140612-G. H .Schorel-Hlavka O.W.B. to Christine Fyffe, Speaker

13

Re EXPULSION Daniel Andrews + James Merlino required -etc

14

Christine,

15

I am wondering what on earth the “donations” you referred to on 12 June 2014 related to:

16

QUOTE Hansard Legislative Assembly 12-6-2014

 

17

The SPEAKEROrder! Before calling for questions I would like to advise the house that

18

following numerous inquiries received this morning I have chosen to donate the moneys from the

19

member for Frankston’s repayment, as decided by the house yesterday, to bowel cancer research. I

20

am advised that this amount will be $4200, so added to the contributions already made by the

21

Leader of the Opposition, the member for Monbulk and the member for Bendigo East of $5793,

22

this will result in just under $10 000 being given to bowel cancer research.

23

END QUOTE Hansard Legislative Assembly 12-6-2014

 

24

25

I checked the Hansard of 10, 11 and 12 June 2014 and was unable to find any explanation why

26

the Leader of the Opposition and the Member for Bendigo East provided such donation.

27

In the way it is recorded in the Hansard it may appear to ordinary readers that Mr Daniel

28

Andrews, Leader of the Opposition is such a kind and benefactor person to donate $5,793. And

29

like wise so with the Member for Bendigo East Jacinta Allen, who according to her website

30

appears to be an ALP member. (http://www.jacintaallan.com)

31

32

In my 7-6-2014 correspondence to you I stated:

 

33

QUOTE 7-6-2014 CORRESPONDENCE

34

As was reported in an article in the Herald Sun 6-6-2014 under the heading “Book of Daniel unread” that Mr

35

Daniel Andrews allegedly on 5-6-2014 went to Frankston and so with alleged “candidate” for the ALP and

36

state deputy ALP leader James Merlino r4egarding the candidate.

 

37

Moment is this not CONTEMPT OF PARLIAMENT for Mr Daniel Andres and Mr James Merlino to go

38

electioneering even so the Speaker n or the governor issued any writ for a by-election?

39

Is it now that Mr Daniel Andrews what the speaker of the Legislative Assembly or the Governor must do?

40

In my view this kind of conduct is unbecoming to being a Member of Parliament.

41

In my view it is undermining the authority of both the speaker and the Governor.

42

In my view it is unduly undermining the right of Mr Geoff Shaw to be regarded as the duly elected

43

representative of Frankston.

44

END QUOTE 7-6-2014 CORRESPONDENCE

 

45

OK, there is at least an offending typing error in the word “r4egarding” but hardly a hanging

46

offence, and quoting one cannot removed a typing error. Just to let you know I am aware of it.

47

Now, as since my 7-6-2014 correspondence (that was actually when I turned 67 and to the

48

displeasure of my wife I was writing instead of celebrating) it seems to me very suspicious that

49

Mr Daniel Andrews would make a $5,793. A very odd figure, and as such I assume, again I state

50

I assume, that this is where he may have calculated that this might be the estimated cost he had

51

charged to the taxpayers for his grotesque conduct to parade a “candidatefor the Frankston by-

52

election that didn’t exist. Admittedly he and his deputy leader are not the only once, as I view it,

53

misusing and abusing their position to refer to a “candidate, where no such “candidatewas

54

declared by the electoral commission.

 

55

I spend some 16 years in numerous elections as an INDEPENDENT candidate and actually

56

complained against the Clive Palmer advertising to vote for Clive Palmer as Prime Minister, as

57

there is no such electoral system in Australia that you can vote for a Prime Minister or for a

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Page 10

1

Premier. Yet, Members of Parliament are ongoing deceiving electors with that they can vote for

2

someone to become Premier. I may state that the within hours of making the complaint against

3

the Clive Palmer false/misleading advertising the advertisement was withdrawn.

4

I on 15-6-2014 received in the mailbox documentation which states “Liberal Candidate for

5

Ivanhoe”. To my knowledge Parliament is still sitting, and no writs were issued, let alone

6

nominations for candidates having closed and certainly the electoral commission has to my

7

knowledge not declared any “candidate” for the November state election.

 

8

Perhaps I was wrong over the 16 years to hold that one is not a “candidateuntil the electoral

9

commission announces the accepted nominations?

 

10

10
10
10

11

12

It appears therefore that not the constitution, Governor, the Speaker/President or even the

13

Parliament decides when writs will be issued and if an election will be held but that those leading

14

political now dictate what is to be deemed the law.

 

15

This I view would be anarchy.

16

17

Notice that it was authorised & Printed by Anthony Fernandez!

 

18

In the Broadmeadows 2011 by-election then too the newspapers were full about the ALP

19

candidate (councillor with Hume City Council) and yet in the end he never was a candidate as

20

McGuire became the candidate. As such this rot is going on and on where both the liberal and

21

labour parties are involved in deceiving the electorate about candidates who in fact are not

22

candidates at all. Yet, somehow the electoral commission so far to my knowledge has done

23

nothing against such false/fraudulent/deceptive conduct also involving persons who are

24

subsequently elected Members of Parliament.

25

26

Remember what Premier Denis Napthine stated (as recorded in Hansard 11-6-2014):

27

a fair, just and appropriate penalty for the member for Frankston

 

28

Why then is he silent about the misuse and abuses against the authority of the Parliament

29

(CONTEMPT), The misuse and abuses against the VICTORIAN Constitution Act 1975

30

(contempt) and the misuse and abuses against the electoral act?

 

31

After all if this is about compliance with rules and regulations and his party being on about “law

32

and order’ then why is it that his party is defying it all?

 

33

Is this that the Liberal Party can disregard the rule of law as it has placed itself above the law and

34

indeed above the constitution and know that the speaker/President and the electoral commission

35

will so to say close their eyes in regard of the abuses/fraudulent conduct?

 

36

How on earth can we have “fair and proper” elections when this rot goes on?

37

How many more ghost candidates” are there currently promoted for the November State or

38

other purported by-elections where candidates are not candidates at all but might be “potential

39

candidates” or “person interested to be candidates”? Are they there to deceive electorates so than

40

the later real candidate can have it easy?

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Page 11

1

In my view the Liberal Party, Mr Ziebell and Mr Anthony Fernandez who authorised and

2

printed the documentation all should be severely dealt with. After all to undermine the

3

democratic processes of an election cannot be tolerated. This must stop and right now!

4

.

5

Political parties should not dominate the Parliament as to so to say get away with their elaborate

6

fraud upon the elect orates as if we are going to have a fair, just and appropriate penalty for

7

the member for Frankston” then the Parliament is bound to apply the same to anyone else who

8

defies the rule of law.

9

10

As I spend decades in court representing parties I am too well aware that often a person will

11

claim not to have received my email, this even so they are just making a fraudulent claim.

12

Hence, I ordinary forward to myself a copy of the email which then also list those email

13

addresses to whom a copy was forwarded. The email address

14

daniel.andrews@parliament.vic.gov.au clearly is that of the Leader of the Opposition Mr Daniel

15

Andrews and so he knew or could have known that I pursued he be dealt with what I viewed

16

CONTEMPT OF PARLIAMENT and rorting public monies. It is not relevant if he did or

17

didn’t read my correspondence as that is his choice to make and he might have been briefed ab

18

out the content by others, but in the end he was provided with an opportunity to be aware of it. It

19

is his decision if he disregarded it. Not uncommon I had opponent lawyers disregarding what I

20

had written only then in court seeking an adjournment to respond, which I then opposed as

21

ignorance is no excuse.

22

23

QUOTE 6-7-2014 EMAIL

From:

To:

Cc:

Date:

Subject:

Attachments:

G. H. Schorel-Hlavka O.W.B. <schorel-hlavka@schorel-hlavka.com>

christine.fyffe@parliament.vic.gov.au

mayJUSTICEalwaysPREVAIL@schorel-hlavka.com, geoff.shaw@parliament.vic.gov.au, ken.smith@parliament.vic.gov.au, daniel.andrews@parliament.vic.gov.au, denis.napthine@parliament.vic.gov.au, michael.obrien@parliament.vic.gov.au, matthew.johnston@news.com.au

Saturday, June 07, 2014 03:00 am

see attachment 20140607-G. H .Schorel-Hlavka O.W.B. to Speaker Christine Fyffe-COMPLAINT-etc

Text version of this message. (1KB) 20140607-G. H .Schorel-Hlavka O.W.B. to Speaker Christine Fyffe-COMPLAINT-etc.pdf

Text version of this message. (1KB) 20140607-G. H .Schorel-Hlavka O.W.B. to Speaker Christine Fyffe-COMPLAINT-etc.pdf (782KB)

WITHOUT PREJUDICE

Christine Fyffe, Speaker

2014

Cc:

7-6-

Mr Ken Smith, Former Speaker, Legislative Assembly Victoria, ken.smith@parliament.vic.gov.au

Daniel Andrews leader ALP daniel.andrews@parliament.vic.gov.au

23-11-2018

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Page 12

Mr D. Napthine Premier of Victoria

VICTORIAN Treasurer Michael O’Brien michael.obrien@parliament.vic.gov.au

Matthew Johnston matthew.johnston@news.com.au

COMPLAINT

20140607-G. H .Schorel-Hlavka O.W.B. to Speaker Christine Fyffe-COMPLAINT -etc

Christine,

see attachment 20140607-G. H .Schorel-Hlavka O.W.B. to Speaker Christine Fyffe-COMPLAINT-etc

Gerrit

Mr G. H. Schorel-Hlavka O.W.B.

.

MAY JUSTICE ALWAYS PREVAIL® 107 Graham Road, Viewbank 3084 Victoria, Australia

Blog (constitutional issues) http://www.scribd.com/inspectorrikati

.

The content of this email and any attachments are provided WITHOUT PREJUDICE, unless specifically otherwise stated.

If you find any typing/grammatical errors then I know you read it, all you now need to do is to

consider the content appropriately!

A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING

CONCERNED TO BE LABELLED A FOOL.

1 END QUOTE 6-7-2014 EMAIL
2

3 Again I refer to:

4 QUOTE Hansard Legislative Assembly 12-6-2014

23-11-2018

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Page 13

1

The SPEAKEROrder! Before calling for questions I would like to advise the house that

2

following numerous inquiries received this morning I have chosen to donate the moneys from the

3

member for Frankston’s repayment, as decided by the house yesterday, to bowel cancer research. I

4

am advised that this amount will be $4200, so added to the contributions already made by the

5

Leader of the Opposition, the member for Monbulk and the member for Bendigo East of $5793,

6

this will result in just under $10 000 being given to bowel cancer research.

7

END QUOTE Hansard Legislative Assembly 12-6-2014

8

9

In my view it would be deceptive if you place on records that the Leader of the Opposition (Mr

10

Daniel Andrews) made a “donation” if in fact this so called donation was in fact a repayment of

11

misuse of public monies. In my view as a Speaker you must honour your parliamentarian office

12

to be and remain neutral and not to conceal from the Parliament relevant details and as such if

13

the “donation” was related to misuse/abuse of public monies, perhaps such as to the fictional

14

Frankston by-election travel, etc, then this was in my view rorting and you cannot have that a

15

Leader of the opposition demanding a member of Parliament to be expelled for what he alleges

16

was “rorting” them himself under cover of “donation” may have paid back some monies that he

17

may have rorted on the public pursed, by this trying to make out he is an man with credibility

18

rather than a rorter. In my view there are serious matters to be addressed.

19

.

20

In particular where Mr Daniel Andrews made such an issue about Mr Geoff Shaw rorting the

21

system and should for this be expelled from Parliament then his own conduct as I understand it

22

to be rorting the system while pursuing Mr Geoff Shaw for this cannot be overlooked and he

23

must suffer the very faith he had pursued against Mr Geoff Shaw.

24

.

25

QUOTE Hansard Legislative Assembly 11-6-2014 (colour and bolding added)

26

Mr ANDREWS (Leader of the Opposition)If anyone wants to know why ours is regarded as the

27

lowest profession, then simply look at the conduct of the member for Frankston and the Premier’s

28

protection of him. If anyone in this chamber wants to know why we are regarded as being for the

29

public purse instead of the public good, if anyone in this chamber wants to know why we are held

30

in such low regard by the hardworking people of this great state, then look no further than the

31

conduct of the member for Frankston and the Premier’s protection of him via this motion. The

32

Premier says this motion was carefully drafted. We will return to that in a few moments. It is this

33

sort of conduct, this sort of weakness, this apologising for the member for Frankston that sums up

34

this Premier, sums up this government and sums up, sadly, why the community has lost faith in us

35

as a class of personall of usand, what is more, lost faith in this chamber and the institution of

36

this Parliament.

37

The Premier’s presentation was littered with inconsistencies and littered with the notions of

38

strength and of doing the right thing. At the outset I remind all honourable members and all

39

Victorians that it has taken the best part of 19 months for us to arrive at this position. Only after the

40

member for Frankston indicated he would withdraw his support from this Premier is the Premier, in

41

complete fulfilment of the great saying ‘There is nothing like a convert’, prepared to act and

42

prepared to ensure that no wrongdoing goes unpunished. The Premier is prepared to make sureI

43

should not have to refer to my notes, because we have heard it so many times todaythat

44

punishments are ‘fair, just and appropriate’.

45

Apparently one can only take the most extreme action if a murder has been committed, if there has

46

been some other piece of absolute malfeasance at the highest of high standards or if it is September.

47

That is the great arbiter of what sort of penalty should be applied, because timing is everything. If

48

the member for Frankston were appropriately punished and an appropriate penalty were levied

49

upon himthat is to say, if he were expelled from this house, which is exactly what should

50

occur, for his completely inappropriate behaviour and for putting his private interests and

51

profits ahead of his public duty and the public trust placed in him by the good people of

52

Frankstonthere would be every expectation that a by-election would be held.

53

Captain Courageous over there, the Premier——

54

The SPEAKEROrder! I remind the Leader of the Opposition that I made it very clear that

55

members should be referred to by their correct titles.

56

Mr ANDREWSThe Premier then, Speaker, fearful of a by-election——

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Page 14

1

END QUOTE Hansard Legislative Assembly 11-6-2014

2

3

I may also state that I view that Mr Daniel Andrews comparison of a Member of Parliament

4

versus an employee of the State is misguided as Mr Geoff Shaw was not and is not an employee

5

of the State! And as I have canvassed in previous correspondence the issue of “allowance” is

6

what it is about. The Parliament is not and never was the workplace for members of parliament

7

as the term “workplacein my view implies employment, which a Member of Parliament t

8

doesn’t have as otherwise it would be an Office of Profit and disqualifies the Member from

9

being a Member of Parliament unless being a Minister of the crown. Hence, it is Mr Daniel

10

Andrews himself I view is in breach of the law because as a “shadow Minister’ he is paid not an

11

allowancebut a salary with fringe benefits that I view must be deemed to be an Office of

12

Profit and so he has no place in the Parliament to hold a seat. Why then is he and others not held

13

accountable considering his mantra against Mr Geoff Shaw?

14

In my view the statement “The Privileges Committee majority report, which is a complete

15

and utter whitewash” should never have been allowed by the Speaker, this as it undermines the

16

credibility of the privileges committee. Whereas my c riticism was upon its legality to deal with

17

the matter I view that the statement “The Privileges Committee majority report, which is a

18

complete and utter whitewash” is a derogation of the work of the privilege committee and

19

unbecoming to that of a Member of Parliament.

20

21

QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS

22

Indeed we have seen examples across the public sector of people in senior positions, and others in less senior

23

positions, who have been dismissed or have resigned knowing that their position was untenable for much less

24

than the member for Frankston got up to. They have gone; they have done the right thing. They did not have

25

to be pushed or forced. In many respects the matter was not for themthey were dismissed immediately. If it

26

is good enough for a staff member of this Parliament, if it is good enough for a public servant in that

27

traditional sense of the term, then why is it not good enough for a servant of the public?

28

If it is good enough for a member of staff in this Parliament to go for doing what the member for Frankston

29

did, or even perhaps less, why is it not the same? Why is it not good enough for the member for

30

Frankston to be expelled from this workplace for having brought dishonour on all of us, regardless of

31

what political party we are from, regardless of what electorate we represent, regardless of how long we

32

have been here, regardless of what motivates us and regardless of what burns inside us? The member

33

for Frankston has defamed all of us, and he ought to be dealt with by all of us, not to suit our own political

34

purposes and not in an act of conversion but in an act of conscience, an act of decency, an act of character,

35

might I say, and an act of leadershipa concept foreign to the Premier, because he became offended by this

36

conduct only after the member for Frankston said, ‘Well, you know what? I’ve had enough of you’. It was

37

only at that point that the Premier thought that this matter could not wait until after the winter break. It was

38

only at that point that the Premier thought we had to be fair, just and appropriatebut not too appropriate!

39

Mr MerlinoAnd not too early.

40

Mr ANDREWS—And not too early! ‘We have to act on this, We have to do all this wonderful work,

41

Speaker. We have to hurry around, convincing people that we are tough on the member for Frankston, but

42

not too quickly, and not too much and not too well!’. That is the issue here. The Premier is paralysed to act

43

appropriately on the member for Frankston, and this motion shows it.

44

The Privileges Committee majority report, which is a complete and utter whitewash, finds as a matter of

45

fact that, ‘Yes, of course the member for Frankston did it all’, but it could not find him wilful. It could not

46

find that he did it on purpose. It could only find that he was ‘not diligent’. ‘Not diligent’ is not doing a

47

spellcheck. ‘Not diligent’ is not returning a phone call. It does not apply to rorting wilfully and

48

systematically and working on your alibi as well. It does not apply to giving instructions to the staff

49

you have told to misuse the resources—‘If anyone asks, make sure you say it’s for private use’—as if

50

that works anyway! How is going to and from work the responsibility of taxpayers? How is the member

51

for Frankston’s commercial staff getting to and from work a matter for any of our constituents? He did not

52

just give them the line to run if they were ever queried. The member for Frankston also told them how to

53

drive inhow to back the vehicle up so that the security camera did not see what he was doing. So confident

54

was he that he was doing the right thing that he did not want anyone to film it.

55

END QUOTE Hansard Legislative Assembly 11-6-2014

56

57

Mr Daniel Andrews refers to “work” where in fact only Ministers of the Crown are attending to

58

their work being in employment with the Crown. A Leader of the opposition promoting to be the

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Page 15

1

alternative government not even understanding the basics of constitutional provisions to me is

2

utter scandalous.

3

4

Let’s apply this statement “It does not apply to rorting wilfully and systematically and

5

working on your alibi as well. It does not apply to giving instructions to the staff you have

6

told to misuse the resources—‘If anyone asks, make sure you say it’s for private use’—as if

7

that works anyway! How is going to and from work the responsibility of taxpayers?” to his

8

usage of arranging for a trip to and from Frankston. Did he use his office staff, computer system,

9

telephone, mobile, etc, to arrange the trip? Telephone/mobile and other records may prove what

10

numbers he called, for this which had nothing to do with the interest of the public or for that

11

constituents of Frankston but merely as I view it his own personal benefits to advance the what I

12

consider fraudulent presentation of a “candidate”. Even if an by-election was called and writs

13

issued I view it still would be rorting the public purse, but where there is no by-election called

14

and no writs issued and yet he and as I understand it Member of Parliament Mr Merlino are

15

rorting public monies while hypocritically alleging Mr Geoff Shaw is doing so and for this

16

should be expelled. At least Mr Geoff Shaw faced his accusers and clearly they were defeated,

17

and yet no such position can be taken by Mr Daniel Andrews, Mr Merlino, and numerous

18

others.

19

In my view it is a matter of credibility of the Parliament that both Mr Daniel Andrews, Mr

20

Merlino are facing the kind of punishment of what I view of their rortingas they

21

pursued against Mr Geoff Shaw.

22

It must be clear that where Premier Denis Napthine made clear as referred to below “For a

23

government that says it will not be held to ransom” that therefore he declares to the

24

Parliament what he based his as I view it scurrilous allegations against the Member for

25

Frankston Mr Geoff Shaw upon. We cannot have a Member of Parliament and certainly not

26

being a Premier, making scurrilous allegations to incite opposition against the Member for

27

Frankston Mr Geoff Shaw and then drop it all as if it never eventuated. In my view, the public is

28

entitled to know if Premier Denis Napthine concocted it all as after all using the term “ransom”

29

implies a unlawful conduct and I view the Parliament cannot tolerate this kind of allegations

30

without full and proper explanation if such claims were justified or were mere scurrilous

31

allegations to get Members of the Legislative Assembly on site to “punishMr Geoff Shaw.

32

33

QUOTE Hansard Legislative Assembly 11-6-2014

34

Mr PALLAS (Tarneit)I rise to speak on the matter of public importance put forward by the Deputy

35

Premier. The words of Napoleon Bonaparte come to my mind. He once said that you should never interrupt

36

an enemy while they are busy making a mistake. If that principle were to apply, we would never get a word

37

in in this place, because this government is littered with error, mistake and illusion. For a government that

38

says it will not be held to ransom, this resolution proves that its members’ grasp on reality has been

39

abducted, and it

40

is Victoria’s and Victorians’ opportunities that have been held hostage.

41

END QUOTE Hansard Legislative Assembly 11-6-2014

42

43

QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS

44

The Premier has no shame when it comes to these things. He has done nothing. He has spoken barely a word

45

of criticism against the member for Frankston. But the moment the member for Frankston says, ‘I have had

46

enough of your government that bears no relation to the government fairly and squarely elected three and a

47

half years ago’, suddenly the Premier is about fairness and justice and being appropriate—but only in

48

September. This is transparent, and it is central to the reason why the people of this great state have

49

such low regard for us as parliamentarians and politicians. The conduct of the member for Frankston, the

50

protection of the member for Frankston by the Premier and the Premier’s very recent conversion, motivated

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by self-interest and nothing more, to hold the member for Frankston to account for appalling behaviour, as

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found by the Ombudsman, are a reflection——

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Honourable members interjecting.

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Mr ANDREWSWell, that is the fact of these matters, that the Premier has only been motivated by self-

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interest. That is why he has not spoken one word against the member for Frankston but has been happy to

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deal with member for Frankston one-on-one in meetings, in texting back and forth, on the phone, in relation

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to all sorts of agreements around supply and confidence and in rewriting the laws of this state. He has been

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happy to accede to demands, despite his protestations last week.

 

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Mr Ryan interjected.

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Mr ANDREWSI am only quoting the Premier. The Deputy Premier might want to look at the tape. I

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would never want to misquote the Premier; his error can live on. I am happy for that to occur.

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The issue here is that the Premier has been motivated by one thing and one thing only, and that is his

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survival. If decency, fairness, accountability, the public trust, the public good, and saying no to the

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abuse of the public purse were motivations for the Premier, then he would not have waited until the

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member for Frankston went on ABC radio 774 and said, ‘I have had enough of this Premier’ before speaking

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up and making the case that the member for Frankston had acted appallingly. The Premier says, ‘I only just

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received the report’. I am not sure whether Hansard got that. The report was tabled at the end of the previous

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sitting week, and the Premier spent the entire weekend and the Monday, indicating, ‘Well, we will need to

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get advice, and I see no reason why this matter needs to be dealt with before the winter break’. There we are,

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back to September again, you see, Speaker. So confident is the government of support in Frankston that the

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Premier will do anything to avoid being subject to the views of the people of Frankston.

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There was talk about legal advice. We have seen none of that legal advice. We have had journalists quoted.

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We have had conservative commentatorsI think it is fair to say thatquoted. We have had quotes from the

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UK. We have had all sorts of material dressed up as expert opinion, but where is this advice? Where is this

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legal advice that holds that it would be unsafe to apply an appropriate sanction to the member for Frankston,

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unless it is in September? Where is that advice that says it would be not only inappropriate and

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unprecedented but could be open to legal challenge? Where is that advice? Where is that advice for the

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consumption and consideration of every member of this house and indeed every Victorian? Again, so

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confident is it in this legal opinion, apparently paid for by the taxpayersought by the government and

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secured by the governmentthat the government will not come forward and give us a look at it; it will not

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table it and make it publicly available. That is because this is not a legal strategy; this is a political strategy.

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This is not a strategy about probity; it is a strategy about politics. It is not a strategy

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about representation; it is a strategy about apologising for rorting. That is what it is. It is not a strategy

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put forward by the government that is about the highest of standards or punishment; it is about protection.

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That is exactly what this is: it is about protection, plain and simple.

 

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Let us have a look at what the member for Frankston actually did. The Premier skated around a few of these

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issues and used a few terms to describe it, albeit tough talk by the Premier’s pretty low standards. There was

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deafening silence from the Premier on the conduct of the member for Frankston for every single day of his

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premiership, until the day the member for Frankston said, ‘I might end your premiership’, when the Premier

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then found his voice. It is a mere coincidence, no doubt, Speaker!

 

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END QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS

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Again we should apply this mantra by Mr Daniel Andrews Leader of the Opposition to himself

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and others (including premier Denis Napthine) and ensure that before the week is out appropriate

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independent investigations are conducted in these matters so that Mr Daniel Andrews statements

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If decency, fairness, accountability, the public trust, the public good, and saying no to the

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abuse of the public purse were motivations for the Premier, then he would not have

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waited” and “It is not a strategy about representation; it is a strategy about apologising for

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rorting. That is what it is.” Must be applied as he pursued then let he and others be used as

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examples.

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No excuses about what he may have expected as to the holding of a by-election in Frankston but

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“accountability” for what I view his “rorting’ of public monies.

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.

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QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS

 

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This vehicle was used expressly for the member for Frankston’s profit, not for the profit of this state,

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the public good or the public in any sense.

 

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END QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS

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If Mr Daniel Andrews did the same then surely he has to answer for it, at least Mr Geoff Shaw so

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to say stared down his accusers in court and is entitled to the benefit of this.

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In the 1970’s when in management of factories I had this worker complaining about how another

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worker had faulty production and by this weeks of production had to be scrapped. I decided to

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investigate all worksheets and discovered that the accuser was actually the culprit. This is life,

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that those who are rorting the most often desire to point the finger at others, and have them

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punished, as after all you cannot allow others to rort! As such accusers often seem so to say play

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the high grounds that they are invisible. They think they can get away with their rorting and

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abused of position and power. THIS CANNOT BE TOLERATED

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.

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I have previously requested details/information, etc, to which I am not aware of you provided

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what was requested to me. I view that the failure to do so may compromise your own position

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and may make your position as Speaker untenable. After all, I view you acted without legal

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authority to use Standing Orders 125 and to disregard compliance with Standing Order 126 and

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this may make your own position untenable as a Speaker. If you failed to act appropriately then

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the vote cannot be deemed valid and I view you as speaker should have acted immediately, when

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I altered you to this at the very least, to ensure that the harm inflicted upon Mr Geoff Shaw as

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Member for Frankston was not aggregated and unduly prolonged. In my view Ms Louise Ashe

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was in CONTEMPT OF COURT by undermining Mr Geoff Shaw’s benefits and entitlement

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by the court accepting the withdrawal of the criminal charges.

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It is easy to vilify a person of “rortingwhere the person may by error, misunderstanding,

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misinterpretation or whatever have used something not deemed entitled upon. What may then to

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one person appear to be “rorting” to me may in fact not be at all because I look from the point of

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view of constitutional principles? A clear example is where for example Mr Geoff Shaw

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Member for Frankston was attacked for working in his business when not attending Parliament,

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as if this was a sin to be s corned for, where in fact constitutionally it was all along intended by

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the Framers of the Constitution that a person when not attending to the Parliament engage in his

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ordinary daily work. As such Mr Geoff Shaw was unduly vilified and this is why people get also

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a disrespect for politicians as they often so to say run around as a chicken without a head not

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knowing what they are talking about but pursuing others allegedly for a wrongdoing and then

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when it turns out they are in the wrong themselves then they try to use any excuse under the

25

horizon to excuse themselves. Obviously with the lack of constitutional knowledge Members of

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Parliament may then deplore a conduct which is only in their mind an offence but seek to dictate

27

others to accept this as fact. While I do not have all details nevertheless some of the outlines

28

recorded in the Hansard of 11-6-2014 to me indicates a gross misconception by many Members

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of Parliament how matters are to be considered. For example, rightly or wrongly, there is a

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rumour that Members of Parliament pay a certain amount of moneys and for this are allowed to

31

use a taxpayers funded motor vehicle and free usage of fuel. In my view the providing of the

32

motor vehicle is the real problem as logic is that where a person pays to be allowed a motor

33

vehicle he/she then holds entitled to use it. One must be a complete idiot to argue that not a

34

single Member of Parliament ever misused their vehicle or for that fuel card, as ample use their

35

vehicle to transport friends and others not related to parliamentarian duties. In the circumstances

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and as I outlined to the Chief Commissioner of police it would be extremely difficult to hold that

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Mr Geoff Shaw misused public funding. And hence, I was not surprised that subsequently the

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criminal charges against Mr Geoff Shaw were withdrawn. And that should have been the end

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of it. However, Parliament decided otherwise to undermine the benefits Mr Geoff Shaw was

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entitled upon and ad hoc acted against him not even acting within the Standing Orders and in

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those circumstances I view that the very mantra used against Mr Geoff Shaw Member for

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Frankston should be used against those who vilified him and accused him in pursued of

43

“punishment”. If the government had for example consulted me about matters, I may have been

44

able to explain what the real constitutional principles are and the government may have saved a

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lot of public monies avoiding all kinds of defective legal advice of lawyers. In my view a

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comprehensive INDEPENDENT investigation should be conducted as to all Members of

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Parliament as to any “rorting” and they should be held accountable. And in my view both Mr

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Daniel Andrews, Mr Merlino ought to face to be expelled for what I consider

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inappropriate/unlawful conduct. And if Premier Denis Napthine proved to have falsely accused

50

Member for Frankston Mr Geoff Shaw ab out holding the government to ransom about a judicial

51

decision then I view he too should be expelled.

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