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13-9-2011

WITHOUT PREJUDICE 5
Ted Baillieu Premier of Victoria ted.baillieu@parliament.vic.gov.au Cc:

13-9-2011

Acting Chief Commissioner of the Victorian Police C/o heidelberg.uni@police.vic.gov.au C/o Victoria Police Centre, G.P.O Box 913, Melbourne, VIC, 3001, AUSTRALIA Civic Compliance Victoria GPO Box 1916, Melbourne VIC 3001 Traffic_Inquiries@tenixsolutions.com Mr Grey Chief Magistrate, Magistrates Court of Victoria Ground Floor, 277 William Street Melbourne Vic 3000 C/o help@magistratescourt.vic.gov.au

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Ref: Infringement Court case umber 1158210495 Infringement Notice Number 0201683566

COMPLAI T
20 Ted, as a CO STITUTIO ALIST I expressed in previous correspondence my disapproval of how the Government has been misusing and abusing the legal processes and by this undermined not just mine but other citizens also constitutional rights such as to maintain a separation of powers between the legislators, the executives and the judiciary.
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While constitutionally we have to have a separation of powers between the legislators (Parliament) the executives (government) and the Judiciary (Courts) we find however that the purported Infringement Act 2006 is rather so to say use the Court to terrorise citizens no matter how innocent they are. No longer are the courts operating by this to adjudicate between the State and its citizens but rather is has become an arm of the government to terrorise innocent citizens.
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Obviously making such a claim may be easy to make without seeking to provide any evidence to it but then I am not a person to easily make claims I cannot support.
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If indeed out courts are dysfunctional because it is more acting like a STAR CHAMBER COURT then any competent court of law then the courts have so to say lost the plot as to its functionality within a democratic system and to ensure appropriate adjudication.
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On 12 September 2011 I was admittedly driving contrary to road signage making a left turn from a right hand turns, etc, but the question is should this be deemed a breach of road laws/signage or not and if not where is the decision making process to decide this matters. Indeed, when can a motorist be aware if he/she is committing an offence or not?
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In my case I was driving of a road and suddenly faced with all kind of road markers) bollards, etc) that caused all traffic having to move into the right hand lane Merging three lanes of traffic into one without anyone standing there to give directions itself seems to me to be a total absurdity and one may ask who on earth authorise this kind of road obstructions? Vicroads unlikely as I indicated in previous correspondence the Police are using Vicroads envelopes to issue 1 demerit point and so seems to have taken over the function of Vicroads in that regard.
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The police? Well they were no where to be seen. So, here we have traffic entering into a major highway all forced to move into the right-hand turn lane and then from this all vehicles are turning right or left as they desired making it an utter mockery of having arrows painted on the ground. While this was at Gladstone park at Sunshine they had that you could get diverted into a left or right hand lane with the middle lane being blocked of and so cars who were suddenly facing this road block\age an\ended up in the left turn lane to turn right because they had no prior notification by signage that the road was blocked ahead of them as to allow the\m before hand to select the relevant lane.
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Do not think that this really is most of it as when driving along Gafney Street Coburg I decided to turn left to take the Freeway from Bell Street to St Albans. I was commencing to do so at about 9\8.45 and by about 9.45 I finally made it to the freeway, this even so the distance I travelled in that hour was just over 2 kilometres. It turns out that some workers were poring concrete into a footpath, well actually they were standing talking while the lanes were reduced to a mere single lane and causing traffic to be banked up not just in Bell Street but also in feeding roads and even Gafney Street. Again no one was directing the traffic as they seemed to be more concerned to have their morning discussion. Now why on earth does the poring of concrete into a footpath have to be done during peak hours rather then in the evening. The cost to society of all those trucks lined up for kilometres is a huge financial cost to society as someone has to pay these cost. And that is generally the customers as cost will be passed on. Consider the State Government legislating as to environment claiming how much this is needed and essential and yet not hundreds but thousands of vehicles are caused unduly to spread their poison gasses due to having to be waiting in kilometres of traffic build up because some silly joker decided to block of lanes so to be able to pore concrete during some time of the day into a footpath. Clearly there is a gross misuse and overuse of road traffic diversions and there appears to be no proper management of it at all. You can see skips standing around in parking areas regardless there being a clearway. In Elizabeth Street Melbourne a Shipping container being parked in the street that is full of a mobile phone companies advertising. Now how on earth can this be permitted one has to ask? Who is really managing our roads and traffic. Is the police merely spending its time sitting in cars trying to book unsuspected drivers as to do actual police work that involved getting of their backsides and patrolling the streets appears to be no longer part of policing.
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The problem is also we have far too much legislation for the wrong things and not enough for the right issues that needs to be addressed.
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Take for example when I opposed the Smart meter to be installed, so to say I was told Go to hell! and the Ombudsman made clear that it was government policy. Obviously if someone doesnt pay the bill then quickly the courts will be there to punish the alleged offender but as was shown on TodayTonight Channel 7 television program here we had Origin charging customers the wrong tariffs and yet where no was the Government to issue charges against them? As such it appears our court no longer are to function impartially but are merely now used as a puppet-on-asting to rubber stamp whatever the government desires and out of the window is any justice. As such, the courts are now an extension of the government and democracy no longer exist.
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For years I have been about the plight of disabled person and indicated we need to provide better for them considering their special circumstances. We find however that when it comes to CityLink then where a motorist do not use a responder then they will be charged about $7.00 administration fee even so the motorist has an ongoing arrangement that CityLink can withdraw the tools from a special account. Why then an administration cost when this is automatically
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deducted through computers? One has to consider that responders often are faulty and so a person to use immediate debit payment from an account has a far better control about charges and shouldnt be penalised for this. If anything the government should applaud citizens to act to ensure only applicable charges can be made whereas there are ample of stories around about toll road companies having incorrectly charges upon responders and so overcharges the customers time and time again. Again, how often did the police issue Infringement Notices against toll operators for each occasion it unlawfully charges a motorist? Well, the answer will more then likely be nil! As such the CityLink Act cannot be justified in that regard if it is so to say a one way street where toll operators can charge anything no matter the fraud involved and not being held accountable by the government for this while innocent motorist can be ripped of and the courts then willingly participate in this elaborate government sponsored terrorism and extorsion. If banks had to be held accountable for their charges then why not CityLink? But there is a lot more to this as while this may not be legally justifiable either to charge a cost on administration that never as such was an actually cost incurred the Government however is part of the elaborate swindle and so also the courts enforcing this kind of terrorism and blackmail and extortion. The fact is that if a person doesnt pay the CityLink charge then the Police, yes the police as they obviously have no policing to do or simply cannot bother to go after real criminals, if not being one of their own, then will be issuing a Infringement Notice for at least $100.00 for each day of travel. Moment CityLink really is run by a private corporation as are other toll operators and so what on earth has this then to do with the Police one may ask? Laws should be there for the general community and not favour specific private operators. Indeed, why on earth should I have to pay for a toll for the usage of a road that in the first place was build with taxpayers monies such as the Flemington Road to Tullamarine freeway?
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Have we gone mad to use legislation to aid private operators and then use the government sponsored terrorism to force citizens to submit? And with it in the process the courts are used for this also and no decent judicial officer existing who makes clear that the court cannot allow itself to be manipulated in such a manner and must ensure that JUSTICE does prevail?
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Take for example the registration of motor vehicles and the enforcement of this. When a person sells a motor be\\vehicle then in my view it must be done appropriately and that is that at the time of the sale the vendor and the purchaser must both sign a document as to not just the date but also the time of the sale of the motor vehicle. Now, there might be those who may not understand why on earth the time is of essence, but I will set out below that again this whole Infringement Notice system is really more a government sponsored terrorism and extortion then being a proper law enforcement system.
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Below I have reproduced a City Link notice and the content makes clear that if not paid within a certain time the police will issue a fine of $100 per day. Moment the police werent even there so why on earth would they issue Infringement Notices merely on the say so of a private company operator? Why should then the Infringement Registrar accept the word of the informer (enforcement agency) being the police when they merely are relying upon allegations made by a private company?
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So, are we having the courts such as the magistrates Court of Victoria operating as an Infringement Court, scandalising the judicial system to enforce Infringement Notices regardless of the innocence of the accused? Well lets consider the following
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p4 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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p5 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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Going by the CityLink Late Toll invoice the administration cost is $11.34 in this case. It also makes clear: 5
QUOTE Faillure to pay by the due date may result in the Victoria Police issuing in infringement notice with a fine of over $100 for each day of travel. END QUOTE
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Ok now let us address the story behind the issues. I was \given the understanding by the panel beater shop that a P=Plate driver had an accident and so his car was out of action and so he decided to purchase motor vehicle B0772 that was registered at the time to Mr MATTHEW JOHN SAID 29 IVANHOE AVE ST ALBANS VIC 3021.

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As I understand it the P-late driver, used the vehicle on the Freeway and seemingly without paying tolls and then well as the photos indicate smashed it up but by then having just changed registration of ownership. Still, on basis of registration Mr MATTHEW JOHN SAID 29 IVANHOE AVE ST ALBANS VIC 3021 would be liable to paying the road tolls and any infringement notice cost and added cost including what absurdity the Infringement Registrar may add to it and the Sheriff may even by warrant be allowed to wheel-clamp this vehicle (albeit not that this will in this case make any difference to the usage of the motor vehicle, and this is the crazy if not totally absurd system that is in place where an innocent man who for we may know might be on holidays spending the monies he got for seeling his car (well without the damage then existing) and by the time he returns from holidays may just find that a motor vehicle he no longer possessed nevertheless resulted to the Infringement Registrar having issued a Infringement Notice order, well if it were
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to eventuate to this. This just underlines the absurdity as to how the Magistrates Court of Victoria is being manipulated as to enforce a private corporations debts as some dispute between the State and a citizens because of the Infringement Court and so the Infringement registrar acting as a STAR CHAMBER COURT. Within what legal rights could VicRoads release the identity of Mr MATTHEW JOHN SAID without itself being aware if he really was the driver or even the owner because registration databases are notoriously late in updating? And what is the worth of the Privacy Act where a private company operating a toll can access confidential details even if the alleged vehicle owner no longer in fact is so? The Privacy Act either is to keep details private or it is a mere nonsense only for the Government to hide behind to prevent itself having to disclose matters but allowing others to use it no matter what. Mr MATTHEW JOHN SAID not being the actual owner nevertheless because of Vicroads conduct now was pursued and as I understand it this has caused considerable mental, emotional and financial harm to him which never should have been permitted to eventuate had Vicroads not disclosed his details to CityLink.
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It must be clear that where a person sold a vehicle then if the government desires to hold registered motor vehicle owners legally responsible it must put in place a system that the time of sale of a motor vehicle is also recorded and so even if the purchaser doesnt immediately register the motor vehicle for transfer of registration then nevertheless the previous owner no longer is held liable for any offences that may have eventuated since the sale of the motor vehicle. Then again the rot with the police where they sign out for a vehicle and then nevertheless after speeding do not admit to it as having been in control of the motor vehicle at the time makes a mockery of the entire system. (A set out in previous correspondence).
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When we consider taxation then the spending of it is limited to public spending and not for private purposes, including not for the Albert Park Grand Prix, the Tiger Wood golfer or to get other famous or infamous people attending to the State of Victoria as it cannot be deemed to fall within strict public spending. Yet tens of millions of dollars are spent as such albeit unconstitutionally. Now, that monies has to come from somewhere an politicians certainly are not going to cut down on their salaries, etc, instead are rather increasing this like there is no tomorrow and so manipulating the courts to ensure that as much as possible monies are extracted from the public by this Infringement Notice nonsense may underline how the courts have but become a tool for the government. For sure Mr MATTHEW JOHN SAID 29 IVANHOE AVE ST ALBANS VIC 3021 may have the opportunity to fight the Infringement Notice but at what person and financial cost? What kind of legal system do we have, if we can claim to have any at all, where to fight for your innocence then you risk a hell of a lot more? Where are all those lawyers with their oaths to provide JUSTICE and only ending up becoming part of this corrupt system to terrorise accused and extort monies to fund the ever increasing appetite expenditure of politicians?
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We find freeway entrances and exists blocked for months on and causing great distractions and dear tours to the motorist and somehow this ongoing waste of fuel is not an issue as roadblocks remain in place regardless no road work is performed there for months on end? Where is the integrity of any environmental legislation when on the other hand such sheer ignorance of conserving environmental provisions are ignored? Yet, the moment a motorist may cause some alleged problem as to environmental issues then an Infringement Notice can be issued and one has to ask for what, certainly not for the preservation/protection of the environment because if that was the issue many road blocks would be an issue of minimum of time and not just left to linger on for months on not because they serve any particular purpose but he there is no Minister really in charge to ensure this is curtailed as the Minister is more occupied with photo opportunities then to worry about essential issues like environment and road safety.
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As I did set out in past correspondences also for the Sheriff to glue onto a windscreen and other windows of motor vehicles large banners itself must be deemed a criminal offence because it is tampering with a motor vehicle and by this is making a vehicle unroadworthy. The very system to have a motor vehicle to be registered is for the purpose to ensure that they comply with certain conditions provided for by law. The usage of large banners glued onto windscreens clearly isnt part of a motor vehicle registration conditions and as such when did the police actually issue an infringement notice to a sheriff for unlawfully interfering with the registration of a motor vehicle? After all the police are even present at times when the sheriff does this and so it seems the police are not at all interested about law enforcement but rather are puppets-on-a-string to be to get motorist being cash-cows and that is it.
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In my view the courts should hit back that when a police officer comes into court then daring to use the Infringement Act 2006 provisions to get an innocent person convicted the police officer is charged with CO TEMPT I FACE OF THE COURT and be ordered to pay a substantial amount to the victim for pain, suffering, etc. as this kind of government sponsored terrorism and extortion should never be permitted to be occurring in the courts. The emotional torments upon the many of having to go to court for nothing else but to prove they are innocent where without
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our democratic system it should be for the prosecutor to PROVE GUILT itself ought to be a major issue to the court that its judicial system is being manipulated for terrorism and extortion.
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Lets be realistic about it that we have for example serious dangerous conduct going on that ought to be deemed to be of far greater concern to the Government as well as the police.
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If someone is deemed to place public health at risk the authorities are quick of the mark to take on those persons, well unless they work for the government that is. With all the road works being done to the Western Ring Road rats who used to call the area their home now have for example moved elsewhere and set up shop that is moved in to the adjourning houses and by this endangering public health. The question may then be asked what did the Road minister do as to ensure that any rodents in areas to be excavated, etc, first was being exterminated instead of caused to move elsewhere? You see, public health obviously isnt a real issue to the government when it is something it can be itself responsible for. Why was there no proper extermination of rodents in the first place? Why should residents have to fork out huge amount of monies to fight of rodents when it should have been a government responsibility? Why was the relevant Minister not attending to this issue in the first place? Yet, if an Infringement Notice were to be issued against a resident of having rodents around and failing to clear the property of it the Infringement Registrar wouldnt hesitate to issue Infringement Notice orders regardless the real culprit is the government.
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When we look at the Road management Act then municipal council like Hume City Council purported to use this to justify its removal of thousands of dollars of electoral posters and banners even so it didnt do so against any other candidate in the election. The police are obviously too busy writing out Infringement Notices to support CityLink rather then to follow up the complaint I filed with them regarding the unlawful removal of my election posters. Yet, had an Infringement Notice been issued against me then the Police would have been so to say all over me and the Infringement Registrar wouldnt have hesitated to issue a Infringement Notice orders.
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Getting back to the Hume City Council conduct to remove my election banners/posters (In breach of law but the Police failed to issue Infringement Notices against it as it appears HCC is above the law!) the argument that somehow my banners/posters were a issue of Road Management Act for the safety of other road users, then lets consider the following also.

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. Now this is a nasty injury and that was sustained merely by walking along a footpath where a tree branch in the mature strip was lower then 1.82 metres of the ground. Yet, if a resident had the same as to a tree below 2-metre clearance then an Infringement Notice would likely very quickly be issued. I noted, within Hume City Council the following vehicle: .
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. The question obviously should be raised if the truck was registered as a truck without the fork lift or with the fork lift. If the truck driving without the forklift can be deemed to be roadworthy if it was registered with the forklift. If the forklift having the truck licence plate affixed to it actually portray it is registered as such. Now this is the kind of issues I view should be controlled as this is a dangerous practice as if the forklift were to separate from the truck then it can result in a lot of harm to other motorist.
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What I therefore have shown is that while the courts are there to adjudicate between the State and residents they are now more perverting the course of JUSTICE themselves by enforcing ridiculous Infringement orders
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So what is this about Road Management Act when Hume City Council cannot even manage to ensure that its trees are safely trimmed to the minimum clearance required by law?
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What I have sought to do is to give a set out that the government should be more community minded and so the police, the courts and others rather then use the community as some cash-cow. What we need is to reconsider the entire Infringement system as it is to manipulate the court system and no one in his right mind can accept this to be part of democracy.
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In my case I objected to the jurisdiction of any court and as such not unless and until, if ever at all, a court had formally ruled upon the OBJECTIO TO JURISDICTIO and disposed of it setting out by reason of judgment the legal justification of doing so can any court be deemed to have invoked jurisdiction and therefore any Infringement Notice order, Warrant issue or otherwise will be without LEGAL FORCE. If then the Courts ignore this and allow nevertheless their orders, warrant issue be misused then the credibility of the courts are placed in question by the courts themselves. The courts must be responsible for their orders and the supervision of their orders and obligated to immediately and so without undue delay withdraw/set aside/nullify any order/warrant issue that failed to be legally justified such as issued without jurisdiction. We can notice however despite my elaborate writings the Infringement Court failed to do so and clearly by this the Magistrates Court of Victoria has shown a scant regard for Law & Order and lost by this its credibility to be deemed to be a Court of Law for
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proper law enforcement. Safe to say no order/warrant issued without jurisdiction will be having the force of the law and any wheel clamps can be removed using an angle grinder because it is and remains to be an unlawful conduct to invalidate registration of a motor vehicle for ulterior purposes not applicable for conditions set to register a motor vehicle and the sheriff itself would be guilty of vandalising a motor vehicle when sticking huge banners across windows of motor vehicles, and rest assure I have ample of photos of this showing also that the sheriff causes cars to be unlawfully parked on grass areas whereas ordinary a motorist can be issued an Infringement Notice for doing the same. So, who is talking about this nonsense of Law & Order?
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We cannot have it that a speed detection camera is deemed to be properly working for everyone but a police officer. If it is questionable for a police officer to have her charge dismissed then the court should place the onus upon the prosecutor why in every other case the camera was working as failing to do so every other charge /infringement notice relating to the same camera must be deemed without legal basis and be nullified.
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In my view the problem we are having is that the courts have been perverted to score conviction so as to have a better ratio of convictions versus not guilty verdicts and indeed this was born out by some of the publications of the courts themselves that this was a percentage that was considered.
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What we need is a impartial court that when a prosecutor pursued a charge/Infringement Notice the court make it very clear to the prosecutor You have got the legal duty to prove this person was in breach of law and do not bother me with photographic evidence that may or may not be reliable where operators of such equipment could have incorrectly set the timing or incorrectly used the equipment and so come with undeniable evidence because I am not going to place at risk any persons right to drive a motor vehicle and perhaps in the process wrongly denies a person this right and perhaps by this the loss of income and property because you merely assume something.
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Well, essentially this would be the conduct of a legitimate judge who would seek to uphold our democracy and not being perverted by other ulterior reasons such as promotion, etc.
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I for one would prefer to scrap the entire court system as it operates as is and commence a complete new court system that actually is more interested in upholding Law and Order and as to what is constitutionally permissible and will actually go after police officers for perjury, etc, when it becomes aware that a police officer did so.
. Sorell v Smith (1925) Lord Dunedin in the House of Lords QUOTE In an action against a set person in combination, a conspiracy to injure, followed by actual injury, will give good cause for action, and motive or instant where the act itself is not illegal is of the essence of the conspiracy. END QUOTE
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What we now have is police officers ongoing perverting the course of justice, such as in the van Rooy case to manipulate the audio recording to cut and past parts and then file it in court as evidence as such deliberately (conspiracy) concocting a version of events which is known not to have eventuated as such and this by mutual agreement of other police officers involved and this to me is a very serious matter. It is not good enough the trial judge directed the jury there was O CASE TO A SWER, subsequently to that I made this claim about 2 years earlier, as the trial judge should have held the police officers, the clerk of the magistrates Court of Victoria at Heidelberg and the Deputy Clerk all legally accountable for their elaborate conduct to pervert the court\se of JUSTICE. They caused considerable financial harm to Ms van Rooy because of the
p11 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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litigation but also considerable mental and emotional harm and yet were not held accountable for this, not the prosecutor who pursued this matter regardless of what was legally appropriate.
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This is why people lose faith in the legal system and at times and up to take the law into their own hands because judges are often perceived, and at times proven to be, corrupt.
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Most people (as least so a Registrar indicated to me previously) rather pay the Infringement Notice fine rather then to go to court as the loss of a days income for having to attended to court generally is more then the Infringement Notice fine is about. This to me is extortion and terrorism because by this an innocent person is caused to accept a finding of guilt and lose points regardless of being innocent. If police were held legally accountable whenever they pervert the course of JUSTICE, such as held to have made a false claim against a motorist, etc, then the police would be more astute to get their facts right. It doesnt serve JUSTICE one of iota to have motorist fined by a system that means it is the cheaper alternative even so one is innocent of any wrongdoing. The courts must operate that if the police is in the wrong they are to be held accountable and in future cases this is also made known to the court and the defendant so that the courts will have a name and shame list of police officers who are abusing and misusing their powers. As in criminal cases also was found that police officers concocted their evidence to try to justify their conduct and the court then severely rebuke the officers for this by mere statement but nothing stops the officers to do the same in every other case because there is no listing of offenders (police officers) who are making it a habit to fabricate their evidence.
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If it is alright to have a list of sexual abusers, regardless that their conduct may have been to some degree in the heat of passion then surely we should have a list of police officers who were found by the courts to have concocted their evidence, so that next time they appear before a court the court as well as the accused will have information that may or may not assist in exposing other deceptive conduct by the police officer. Again, with the van Rooy case it also involved a Clerk and deputy Clerk (Registrar and Deputy Registrar) of the Magistrates Court of Victoria and yet nothing was done against them and they are then dealing with other cases and perhaps berating parties for not telling the truth when, so to say, they themselves cannot lay straight in bed because of their own lies. . I had this case about 35 years ago where despite the sworn evidence of the police officer the magistrate rejected the police officer had served documents, after becoming aware that the police officer claimed to have served upon a residential address, and even was and accepted to have been invited for a cup of coffee, when this residential area was vacated 6 months earlier! Then the magistrate also rejected the claim of speeding where by the police officer own evidence the speed detected was 75 kilometres an hour and as the police officer during cross-examination insisted it was 75 kilometres an hour and not 76 or 74 then where the road speed limit was 75 Kilometres an hour and not by the police alleged 60 Kilometres an hour but during crossexamination admitted it was 75 kilometres an hour (as proven by photographs) then there could have been no speeding. Yet nothing was done against this police officer either even so first there had been an EX PARTE conviction and only upon rehearing was the charge defeated. As such the police officer had effectively perverted the course of JUSTICE already by scoring a conviction in the first place EX PARTE only upon rehearing of the matter this conviction was nullified.
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We need enforcement of legal provisions but we must have an impartial judiciary to ensure this eventuates and not a corrupt or seemingly corrupt judiciary that is willing to go along with
p12 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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p13

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whatever Parliament may legislate to undermine this impartiality as then JUSTICE is MORE!
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While the principles of the KABLE v.THE DIRECTOR OF PUBLIC PROSECUTIO S FOR EW SOUTH WALES FC 96/027 case may be pursued by the High Court of Australia in reality it is meaningless when thousands upon thousands of citizens are suffering the rot of corrupt judges (including any judicial officer acting as such)
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Philip Martin, Member of VCAT, 28 May 2008 stated in his reason of judgment: 10
QUOTE The status and integrity of the judicial and administrative structures upon which society depend upon respect for the law and the orders made pursuant to those laws. END QUOTE
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Re Wakim; Ex parte Mc ally; Re Wakim; Ex parte Darvall; Re Brown; Ex parte Amann; Spi [1999] HCA 27 (17 June 1999) QUOTE For constitutional purposes, they are a nullity. o doctrine of res judicata or issue estoppel can prevail against the Constitution. Mr Gould is entitled to disregard the orders made in Gould v Brown. o doubt, as Latham CJ said of invalid legislation, "he will feel safer if he has a decision of a court in his favour". That is because those relying on the earlier decision may seek to enforce it against Mr Gould. END QUOTE
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Where then the Police will get involved to issue an Infringement Notice then one has to ask if the police will merely do so upon the say so of CityLink or actually first themselves check out what were the true circumstances and if indeed Mr MATTHEW JOH SAID at the time had already disposed of the vehicle or that in the end the Infringement Court under the emblem of the Magistrates Court of Victoria couldnt give a damn about the truth and merely sits in judgment to dictate what it was itself dictated by the Government and that is to find a guilty finding irrespective of the truth of matters and the innocence of the person.
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This is relevant as I understand a case against Mike Hammers was proceedings precisely where someone allegedly used his motor vehicle while he was away on holidays, ( wonder if it were the same outer space aliens that were driving the police vehicles?) and nevertheless is pursued with an Infringement Notice Order and so it is proven that there really is nothing the police does to ensure that the Infringement Court gets all relevant details and perhaps also because the Infringement Court purportedly being a Infringement Registrar is nothing less then a con job as it is a computer and so cannot consider anything else then the details of the alleged offence. Such a gross deception conspired against the general public involving the magistrates Court of Australia cannot be allowed and neither condoned as the Chief Magistrate should in my view never have allowed such participation in such elaborate fraud upon the general community.
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGI S.-But suppose they go beyond their power? Mr. GORDO .-It is still the expression of Parliament. Directly a Ministry seeks to enforce improperly any law the citizen has his right. END QUOTE And; Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. GORDO .Once a law is passed anybody can say that it is being improperly administered, and it leaves open the whole judicial power once the question of ultra vires is raised. END QUOTE
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p13 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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p14 Hansard 8-3-1898 Constitution Convention Debates QUOTE

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Sir JOH DOW ER.-Now it is coming out. The Constitution is made for the people and the states on terms that are just to both.

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Hansard 8-3-1898 Constitution Convention Debates QUOTE Mr. ISAACS.- o. If it is ultra vires of the Constitution it would, of course, be invalid.

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END QUOTE
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Kikonda Butema Farms Ltd v The Inspector General of Government HCT-00-CV-MA-593-2003 QUOTE Constitution needles to mention is a supreme law of the land. END QUOTE
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The following applies as much to Federal laws of the Commonwealth of Australia as it does to federal laws in the USA; http://familyguardian.tax20
tactics.com/Subjects/LawAndGovt/ChallJurisdiction/AuthoritiesArticle/AuthOnJurisdiction.htm QUOTE 37 Am Jur 2d at section 8 states, in part: "Fraud vitiates every transaction and all contracts. Indeed, the principle is often stated, in broad and sweeping language, that fraud destroys the validity of everything into which it enters, and that it vitiates the most solemn contracts, documents, and even judgments." END QUOTE And QUOTE The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows: The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it. . . A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. o one is bound to obey an unconstitutional law and no courts are bound to enforce it. END QUOTE Sixteenth American Jurisprudence Second Edition, 1998 version, Section 203 (formerly Section 256)
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QUOTE CHH 92-217 page 78485 (1991) The Court could not make an order which otherwise fell outside its jurisdiction merely because the parties consent to it.. E D QUOTE
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Hansard 2-4-1897 Constitution Convention Debates QUOTE Mr. HIGGI S: I think it is advisable that private people should not be put to the expense of having important questions of constitutional law decided out of their own pockets. E D QUOTE
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QUOTE Main v. Thiboutot, 100 S. Ct. 2502 (1980). The law provides that once State and Federal jurisdiction has been challenged, it must be proven. p14 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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p15 E D QUOTE QUOTE Hagens v. Lavine, 415 U.S. 533,

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Once jurisdiction is challenged, it must be proven E D QUOTE QUOTE Standard v. Olsen, 74 S. Ct. 768, o sanctions can be imposed absent proof of jurisdiction. E D QUOTE

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QUOTE Basso v. Utah Power & Light Co., 495 2nd 906 at 910, Jurisdiction can be challenged at any time, even on final determination. E D QUOTE
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QUOTE Thompson v. Tolmie, 2 Pet. 157, 7 L.Ed. 381; Griffith v. Frazier, 8 Cr. 9, 3L. Ed. 471. Where there is absence of jurisdiction, all administrative and judicial proceedings are a nullity and confer no right, offer no protection, and afford no justification, and may be rejected upon direct collateral attack. E D QUOTE
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Quote frankly I couldnt give a hoot as to what any court were to issue as orders where it didnt first invoke jurisdiction as any judicial acting as a moron should get what he deserved and that is to be sacked for total incompetence and we should then get judicial officers whos duties and obligations remains to be to what is constitutionally permissible. Parliamentarians may legislate as much as they like but in the end the issue is if it was within constitutional limits and only if it was then the courts can seek to address the issues in conflict. However the courts must never become an active participant in the conflict or be seen as being so. The Framers of the Constitution themselves many being eminent lawyers made the following statement which should be kept in mind as it contains legal principles embedded in the constitution to which the States within s106 are also subjected to:
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Hansard 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTO .Providing, as this Constitution does, for a free people to elect a free Parliament-giving that people through their Parliament the power of the purse-laying at their mercy from day to day the existence of any Ministry which dares by corruption, or drifts through ignorance into, the commission of any act which is unfavorable to the people having this security, it must in its very essence be a free Constitution. Whatever any one may say to the contrary that is secured in the very way in which the freedom of the British Constitution is secured. It is secured by vesting in the people, through their representatives, the power of the purse, and I venture [start page 2477] to say there is no other way of securing absolute freedom to a people than that, unless you make a different kind of Executive than that which we contemplate, and then overload your Constitution with legislative provisions to protect the citizen from interference. Under this Constitution he is saved from every kind of interference. Under this Constitution he has his voice not only in the, daily government of the country, but in the daily determination of the question of whom is the Government to consist. There is the guarantee of freedom in this Constitution. There is the guarantee which none of us have sought to remove, but every one has sought to strengthen. How we or our work can be accused of not providing for the popular liberty is something which I hope the critics will now venture to explain, and I think I have made their work difficult for them. Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. We have provided for a Judiciary, which will determine questions arising under this Constitution, and with all other questions which should be dealt with by a Federal Judiciary and it will also be a High Court of Appeal for all courts in the states that choose to resort to it. In doing these things, have we not provided, first, that our Constitution shall be free: next, that its government shall be by the will of the people, which is the just result of their freedom: thirdly, that the Constitution shall not, nor shall any of its provisions, be twisted or perverted, inasmuch as a court appointed by their own Executive, but acting independently, is to decide what is a perversion of its p15 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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p16 13-9-2011 provisions? We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of the Constitution. It is appointed not to be above the Constitution, for no citizen is above it, but under it; but it is appointed for the purpose of saying that those who are the instruments of the Constitution-the Government and the Parliament of the day-shall not become the masters of those whom, as to the Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of this kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the guarantees of freedom which it gives your people will not be maintained; and so, in the highest sense, the court you are creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as will preserve the popular liberty in all these regards, and will prevent, under any pretext of constitutional action, the Commonwealth from dominating the states, or the states from usurping the sphere of the Commonwealth. Having provided for all these things, I think this Convention has done well. END QUOTE
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Lets all be aware that no matter what position/function one occupies, or none at all, in the end only a traitor would disregard what the true meaning and application of the constitution stands for!
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGI S.-Suppose the sentry is asleep, or is in the swim with the other power? Mr. GORDO .-There will be more than one sentry. In the case of a federal law, every member of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole constituency behind the Federal Parliament will be a sentry. END QUOTE
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There uprisings all over the world of people being dissatisfied with matters and often relating to the courts having failed to remain impartial and by this having betrayed the very people it is to serve. Riots, uprisings and other serious events may eventuate not because people just happen to have nothing else to do but because of the build up of resentment against those who are failing in their duties and obligations.
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but to ordinary citizens they can only feel contempt for such morally bankrupt For a morally bankrupt politician it might be a normal matter of ordinary daily life to make promises about Law & Order (to campaign in an election about Law & Order and act precisely contrary to it once elected) not really intending to do anything about it where it doesnt fit the purposes but to the general community such morally bankrupt politicians is undesirable to be in government. After all Politicians are to represent the constituents as their agents.
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HA SARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTO .- We have simply said that the guarantee of the liberalism of this Constitution is responsible government, and that we decline to impair or to infect in any way that guarantee. END QUOTE
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HA SARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTO .- Of course it will be argued that this Constitution will have been made by the Parliament of the United Kingdom. That will be true in one sense, but not true in effect, because the provisions of this Constitution, the principles which it embodies, and the details of enactment by which those principles are enforced, will all have been the work of Australians. END QUOTE
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p16 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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p17 13-9-2011 HA SARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTO .- Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. END QUOTE
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It should be clear that once JURISDICTIO was challenged then as from 23 February 2011 there was nothing to be pursued as the courts first had to make a judicial determination if in fact jurisdiction existed or not and therefore the continued terrorism now also involving the Infringement Court to persist with Infringement Notice Orders as if there never was any legal challenge may underline how sick the Magistrates Court of Victoria really is and its own disregard to follow proper protocols. More then likely they have not even the competence to understand let alone comprehend how to deal appropriately with an OBJECTIO TO JURISDICTIO but still this cannot be any excuse as a court that doesnt understand/comprehend how to conduct legal proceedings cannot be deemed to be a court of law. EITHER WE HAVE A CO STITUTIO OR WE DO T! . Those who lay claim upon certain judicial/political offices only can do so within constitutional framework and as such are bound to serve the constitution regardless of what political masters may otherwise dictate.
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Terrorism isnt just someone holding a weapons to menace others as terrorism can be committed in any way where it induces or otherwise compels a person to act or be denied to act what otherwise is constitutionally permissible. Hence the Police, the Courts and the politicians (and so their Department) all can be considered part of terrorism where they independently or combined are pursuing terrorism of this kind.
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MAY JUSTICE ALWAYS PREVAIL

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Our name is our motto!)

G. H. Schorel-Hlavka

Awaiting your response,

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p17 13-9-2011 Ted Baillieu Premier umber 1158210495 - etc I SPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE OTE: You may order books in the I SPECTOR-RIKATI series by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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