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The Forum > General Discussion > NSW a Basket case

NSW a Basket case

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I am a political refugee from Queensland, where the Dictator Joh, introduced Section 102A-C of the Justices Act 1886, to destroy the accountability of the government to the people. He did this to stop private people putting in train, the criminal arm of the judicial system. It gives lawyers absolute control of the State. This happened after 1984, and Queensland has been a dictatorship ever since.

When I came to New South Wales to go to university here after finding the University in Queensland I was attending to be bigoted and unfair, I discovered that in New South Wales it was still possible to begin a private prosecution, and in 2002, I started one to call the Chief Justice of the High Court to account for judicial corruption. It almost caused a panic.

The Federal Liberal Government sent a lawyer to intimidate the magistrate, and the magistrate obliged by dismissing the charge without trial. There is no doubt Murray Gleeson was guilty. There is no doubt that had he been indicted as should have happened, he would have been convicted. So the Chief Justice still enjoys his pension, but should have been fined.

It was the Labor Party Federally who killed the Private Prosecution. Bob Hawke, who was better at drinking than governing, was persuaded to give the Director of Public Prosecutions of the Commonwealth power to take over and discontinue any Private Prosecution not started by the Government itself. This is S 9.5 of the Director of Public Prosecutions Act 1983. This provision has been used every time a Judge has been the subject of a private prosecution. Every Judge is a criminal. Every Judge who sits without a jury is an offender, offending parts of Ch III Crimes Act 1914 ( Cth) and parts of the Criminal Code Act 1995 ( Cth) . There are Judges in all New South Wales Courts, but no civil judges anymore, as mandated by s 79 Constitution.

So Belly, if Nathan Rees wants to continue to govern, and I think he is a very decent fellow, ask him to restore juries
Posted by Peter the Believer, Monday, 27 July 2009 7:05:40 AM
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Dear Belly,

I agree with you. The Party in NSW needs new
Leadership - and to re-focus. But I have no
qualms that this will happen. Politics is
about winning, afterall. (That's something
that the Libs still need to learn - i.e.
to get a new Leader, and better organized).
Things come in cycles - and we learn from our
mistakes (hopefully). Usually, the next round
should be better, and stronger.
Fingers crossed for NSW.
Posted by Foxy, Monday, 27 July 2009 12:58:16 PM
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When I got to Sydney in 2002, I detected a major criminal with lots of money, of Jewish descent, who had just sold a business for $100,000,000 treating a poor hard working merchant badly, in one of his Shopping Centres. There are laws in New South Wales that make such conduct illegal, so bold as brass, I went into the Downing Centre in the city, and filed a Private Complaint. All hell broke loose. The offender employed Clayton Utz, the hunter killer law firm, to haul me into the Supreme Court before Justice James, to have the complaint dismissed. The noted atheist barrister Brett Walker was engaged to persuade Justice James to dismiss the complaint. He succeeded but had to call in favors.

I had laid the charge under a provision of the Crimes Act 1914 ( Cth). I was alleging that the criminal had attempted to pervert the course of justice in respect of the judicial power of the Commonwealth. By using a corrupt State Judge, to deny access to justice to a hard working merchant, I alleged that the judicial power of the Commonwealth was engaged, because in 1996, the High Court in the Kable case, had said there is only one judicial power in the whole Commonwealth.

Four out of seven constitutes a binding majority, Kable was entirely a State resident, but the High Court said the Constitution applied to him, and when the Constitution was pleaded there was only one judicial power of the Commonwealth. Kable won. It should have totally reprogrammed the Australian judicial system, and altered the way courts did business, but I am still waiting thirteen years later.

Anyway Justice James rejected my arguments, the bloke I was trying to help was bankrupted by Clayton Utz for costs orders obtained in a State Court, and the judicial power of the Commonwealth is still completely corrupted. Belly if you can persuade Nathan Rees to restore jury trial as of right, in New South Wales you will fix the whole of Australia. We should enjoy life free of Judge criminals, and political despots. Your call
Posted by Peter the Believer, Monday, 27 July 2009 3:31:52 PM
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Foxy again I agree, here in my view is the next ten years events in NSW politics.
Rudd is aware the NSW center unity group of the ALP is vital for federal elections, he must be concerned.
At the same time he will understand his vote is assured in this state.
The ALP is dead in NSW as far as the next ten years goes,nobody wants to lead.
Some one will step up, in both party's.
Greens are going to get the best election results they ever had, not because of popularity, but because Labor is lost.
That ten years will see a battle like no other to bring ALP back to reality, I do not look to wards my part in it.
NO EASY JOB.
NSW is also intent on punishing Gillard and Rudd, not voting ALP is going to be that way of saying not happy Kev, yet he will walk in this election.
It never had to be like this, governments can be very long term, party's need not bog down in self interest and in fighting, but my party did.
I fear the fact we owe so very much, that not just former unionists but former politicians get government contracts at the same time as loyal workers doing a good job, get the Axe.
Ten years from this day, my party bought to its knees by self interest and slothfulness , will be hardened by that fire and just maybe rebuilding toward government , 3 terms of conservatives, a gift from idiots in my party.
Posted by Belly, Tuesday, 28 July 2009 5:27:52 AM
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My side of the fence will look and say gee Belly you are giving it to us, look at the opposition.
That is my point, never have Liberals had worse leadership, this state or federal.
But in NSW they could run a monkey from our zoo and win in a landslide.
Barry the blind silly man who voted to stop schools being rated, what for, to support teachers fed?
Lefty's lost in a space of their own, and poor Barry.
May I address Liberal head quarters?
Get a bag,a very big bag, get Nick Grenier bring him bag and all, back to lead.
Guess what? recycle the bag, take poor Barry and a few out the back door , its your time, you have won a year before the vote.
Why not put some who can read and write in your team?
Posted by Belly, Tuesday, 28 July 2009 5:38:04 AM
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Belly are you so despondent because you know the banks have the State of New South Wales by the proverbials. I heard scuttlebutt recently from the potential replacement for Nathan Rees, that the New South Wales Government would like to reform the system but the banks won’t let them.

There is currently a political prisoner in a New South Wales Prison, called John Wilson, whose major crime is that he wants the restoration of jury trials, and has been unable to get one yet. John is held under the Mental Health Act, without trial or bail, and can be held for up to forty days. He is as far as can be ascertained in Silverwater. John has been campaigning for jury trials in New South Wales for about ten years, and it could be longer, but made the mistake of saying he would burn down his former dentists surgery, if that was the only way to get a jury trial. The authorities say that is a symptom of insanity. It could simply be passion.

The restoration of jury trials was almost accomplished in 2002. Three Court of Appeal Judges, Priestley JA Handley JA Giles JA decided that we in New South Wales had as of right to have a choice of mode of trial, and jury was one of them. It went to the High Court two years later, and in 2002 in Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22 an appeal against that decision was allowed but should not have been.

It was decided three to two with Kirby and Callinan strongly in dissent, and Gaudron, McHugh and Hayne in the majority, but the problem is that had Gaudron and McHugh followed their previous pronouncements made in the Kable case in 1996, they would have had to agree with the three Judges of appeal, and Kirby and Callinan, and restored jury trials to New South Wales. No one will ever know what pressure was put on Justices Gaudron and McHugh not to follow their previous ruling.

Of eight appeal Judges, five agreed jury trial was a right
Posted by Peter the Believer, Tuesday, 28 July 2009 10:42:00 AM
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