All the Attorney-General’s Men. Corrupt VCAT Show Trial J134/2011

“Silence in the face of evil is evil – Silence in the face of evil is evil, Mr Clark. No more so than when the evil is being committed by bureaucrats who are lawyers, who have sworn oaths of profession and oaths of public office to act to the administration of justice. And no more so than when these lawyers who are bureaucrats head up government agencies for which you, as Attorney-General are chiefly and ultimately civilly, criminally and politically liable.”

James Johnson

B.Ec (Hons). LLB. Mem CLA. Mem MEAA. Journalist. Whistleblower. Independent Documentary Maker

Mail: PO Box 6137 Point Cook Victoria Australia 3030 Mob: +61 (0)401 865 914

To sin by silence when they should protest makes cowards of men.” – Abraham Lincoln

Truth is a weapon, to be picked up and used against injustice.” – James Johnson

20 January 2013

URGENT – PRIVATE AND CONFIDENTIAL

The Hon Robert Clark MLA for Box Hill

Attorney-General for Victoria

24 Rutland Road, Box Hill Victoria Australia

Dear Mr Clark

BY FACSIMILE: 03 9890 7180 | 03 8684 1100

(Email: robert.clark@parliament.vic.gov.au

Telephone: 03 9890 6606 | 03 8684 1101)

(22 + 2 x 2 + 2 x 3 = 32 pages)

A. All the Attorney-General’s Men – Corrupt VCAT Show Trial J134/2011

I refer my previous correspondences to you. These include, most recently, copies of my three, separate applications in VCAT for review / appeal / re-opening (respectively) in VCAT matter J134/2011, which I copied to you simultaneously with filing them via fax at VCAT on 21, 30 and 31 December 2012, as explained in my covering letter to you also of 31 December 2012.

As much as you need to know about the corruption writ large by your bureaucrats / lawyers in these corrupt VCAT show proceedings is contained in the letter and document that I faxed to you on 31 December 2012. Should you not have them to hand, I have had both documents posted publicly on my “Lawyerocracy on Trial” website. And they have been mirrored by my supporters at “Friends of James Johnson” on their website. You can download extra copies via these links:

http://lawyerocracyontrial.com/2013/01/01/these-aussie-lawyers-need-nuremberg-style-trials-and-punishments/ and http://lawyerocracyontrial.com/2013/01/01/get-some-drugs-and-have-a-laugh-theyre-not-real-lawyers-anyway/ or, alternatively at the following links:

http://friendsofjamesjohnson.com/2013/01/17/these-aussie-lawyers-need-nuremberg-style-trials-and-punishments/ and http://friendsofjamesjohnson.com/2013/01/01/get-some-drugs-and-have-a-laugh-theyre-not-real-lawyers-anyway/ .

And by the time you receive this letter it will probably have been publicly posted not just on “Lawyerocracy on Trial” and “Friends of James Johnson” websites but also on my “Path To Democracy” website: http://jamesjohnsonchr.com which has a circulation of well in excess of 50,000 and growing (already one of the largest, if not the largest circulation for any independent news journal / web-log / blog / online magazine in Australia).

During September, October and November 2012 your lawyer / bureaucrats in the Legal Services Commissioner’s office and the Victorian Civil Appeals Tribunal have attempted by conspiratorial, illegitimate and criminal designs to make me the first lawyer in Australia’s legal history to be struck out of the profession for being a litigant and not a litigator, at a time when I was not even practising law at all (as clearly recorded on two separate Court records).

As an anti-corruption whistleblower, the cockles of my heart are almost warmed by the unintended compliments embedded in these blatantly corrupt actions by your pathetic, panic-stricken criminals on the benches of your law bureaucracies and peak legal bodies.

The corruption, the abuse of process, the deliberately committed crimes of the kind described in sections 320 and 321 of the Crimes Act, that have been repeatedly committed against me by these bureaucrat lawyers of your are all writ large and undeniable on the audio recordings of these crooked and unauthorised VCAT proceedings. So much so that your bureaucrats have resorted to issuing scrambled and incomplete audio records, hoping (in the face of reality) to minimise their accountability for their incontestable crimes they have created. These include a scandalously hasty, unconstitutional and criminal “on the spot” joint sitting of the Victorian Supreme Court (its Dickensian-Orwellian-Kafkaesque-kangaroo “Practice Court”) and the Victorian Civil and Administrative Tribunal on the afternoon of 5 October 2012, without prior notice to me, without due time for filing of appropriate submissions etc etc, and for which VCAT now refuses all requests for audio recordings. To this date I am unable to action appeal rights from that unconstitutional (and conspiratorial) outrage of bureaucratic abuse against me because your bureaucrats refuse to make the audio recording (which I have duly paid for) available to me. The written reasons that issued by your man, tweedle-dumblee-dee “judicial officer” and simultaneous “non-judicial officer” (about the most blatant contempt of the Constitution conceivable) are scandalous. Simply put, they are grounds for impeachment or recall (whatever the Australian word for those US Constitutional process might be – there is no point having a word for a process that doesn’t exist because it was deliberately left out of our Constitution, along with a hundred and more other good and important things, at Federation in the late 1890s). In short, they are grounds for suspension and prosecution of Mr Greg Garde under sections 320 and 321 of the Crimes Act. Mr Garde’s written contempt for both his “judicial office” and his “non-judicial” are breath-taking. Let alone that these words come from the pen of a former Professor of Constitutional Law and Administrative Law at Melbourne University no less, who thinks nothing of the Constitutional absurdity of holding high public offices con-jointly in both supposedly separate branches of State. Why not appoint yourself, Mr Parliamentarian Robert Clark, as VCAT President and as a Justice of the Supreme Court of Victoria and take out the trifecta, make history of being in three possies in all three branches of state at the same instant?

VCAT’s political slogan is the mockingly Orwellian “Fair Open and Efficient Justice for all Victorians. I have previousl exposed how this tribunal pays anti-homage to that anti-reality by scheduling hearings in increasingly smaller rooms (shades of Alice in Wonderland shrinkages there) and posting no less than three armed guards to turn away more than half the public who wish to enter and to strong-arm assault innocent peaceable members of the public who do slip past the milling throngs and enter what is supposed to be an open public hearing – while the presiding VCAT Senior Member, Mr Jonathan Smithers on the occasion of 6 July 2012 watches on with selective blindness, it is left to village elders in the public gallery to restore law and order (and public safety) and then the audio recording for the proceedings conicidentaly is mangled and misses this particular segment of the proceedings (where Mr Smithers committed several separate counts of violations of sections 320 and 321 of the Crimes Act, to boot). Well this paragon of Orwellian 1984 double-speak and unconstitutional star chamber existence that is VCAT issued an announcement on 26 November 2012 (as a direct consequence of its blatant log of criminal self-incriminations in the audio recordings for these VCAT proceedings against me) that it will imediately from now on cease to make $65 audio recordings available to parties / media / anyone from the public who requests a copy, requiring tribunants to fork out thousands of dollars for typed (and usually highly inaccurate) transcripts – ie adopting Victorian Supreme Court access to justice inhibiting processes rather than Victorian Magistrates Court processes of $65 audio recordings that the Magistrates Court and VCAT have successfully operated for years, if not for the entire 15 years of unchallenged, unconstitutional VCAT operation. The VCAT slogan versus the VCAT action is classic “doublethought” and yet another fraud against the Victorian (or, in my case, Australian) people by these corrupt government agencies, agencies for which you as Responsible Minister are ultimately politically, civilly and legally responsible.

It should not be lost on you that VCAT is the government agency that is supposed to be responsible for ensuring that all of the government’s agencies comply with their governmental responsibilities under the Victorian Charter of Rights and Responsibilities Act. Clearly it is your governments greatest of many violating agencies. When I point this out to your bureaucrats they ignore me with selective bureaucratic deafness.

When I point out that ( as their sibling agencies Victoria Legal Aid and the Victorian Legal Practitioners Liability Committee did a decade ago in the process leading up to the contrived and frightful 2005 High Court decision in D’Orta Ekenaike v Victoria Legal Aid and another) that these agencies are in fundamental breach of your guidelines, namely the Attorney-General’s Model Litigant Guidelines, the respond flatly “We are complying with those guidelines.” Full stop.

When I point out to your bureaucrats in these government agencies that I am a whistleblower, entitled to protections from these sorts of repeat reprisals, including rights and protections codified under your Whistleblowers Protection Act, they reply “you are not a whistleblower.

Perhaps these bureaucrats require confinements in psychiatric institutions rather than ordinary penal institutions for such criminally insane attitudes and behaviours.

When I point out to your bureaucrats in these government agencies that I have rights, and your agencies have responsibilities under the Victorian Charter of Human Rights and Responsibilities Act, your bureaucrats simply ignore me.

When I point out that your bureaucrats, specifically the Legal Services Commissioner (present and past), that he (she) is charged with administering laws to protect consumers (litigants) and to regulate lawyers (especially litigators), and demand to know where their authority their criminally corrupt responses are all the more astonishing feats of insanity / doublethought / doublespeak.

I invite you to listen to the audio recording of the Legal Services Comissioner’s legal aid barrister at its hearings on 5 and 10 October 2012 (and, hopefully, you will be able to get the full recording from your bureaucrats rather than the (deliberately?) scrambled and incomplete recording that was given to me). You will hear the pathetic attempts by to justify the Legal Services Commissioner’s openly self-confessed position as being a “less than 10% of legal services, regulator” (refusing to regulate family lawyers, lawyers administering trust estates and litigation lawyers in general – 90% of situations where members of the public come into contact with lawyers, and lawyers of the lowest technical and ethical standards, at that).

I invite you to regard the Legal Services Commissioner’s self-damning 2007 Annual Report to Parliament, 2008 Annual Report to Parliament and 2009 Annual Reports to Parliament. In the earliest of these, the then Legal Services Commissioner, Victorian Marles reports that her office received 1200 complaints about family lawyers during that financial year but judged that none of them warranted prosecution or disciplinary action. That’s a hell of a lot of unjustified sour grapes thrown by rotten members off the public, including your constitutents, against lovely and harshly and unfairly criticised, beautiful family lawyers. Needless to say that Ms Marles was shunted side-ways and downwards, but still “looked after” by the lawyerocracy on account of her failures to keep the incompetence and racketeering of her reign as Legal Services Commissioner out of the Ombudsman’s, the Parliament’s and the public’s / media’s orbit.

And, while you are at it, have a look at your State Government Ombudsman’s 2009 Annual Report to Parliament and his damning report on the Legal Services Commissioner’s staff and office (Mr McGarvie’s disgraced predecessor, Ms Victoria Marles, sister of Julia Gillard’s Federal Parliamentary Secretary, Richard Marles, MHR for Corio (Geelong, Victoria). You may download a link to that report, and a clip of the relevant text via this link: http://lawyerocracyontrial.com/2012/05/11/victorian-state-government-ombudsman-slams-victorias-legal-regulator-the-office-of-the-legal-services-commissioner/

I invite you to also read this news story from the Melbourne Age, a year after Mr Richard Keith McGarvie was swung into the Legal Services Commissioner / Chief Executive of the Legal Services Board hot-seat / bicephalous poisoned-chalice, which hints of sordid goings-on and intimidations between Mr McGarvie and your State Government Ombudsman Mr George Brouwer (who was certainly gagged and de-testicled by the time he published his tri-volume 2010 Annual Report to Parliament without a single mention of his Ombudsman’s Office’s number one client of 2009, none other than the Legal Services Commissioner). You can read about this via this link http://lawyerocracyontrial.com/2012/05/15/lawyerocracy-on-trial-the-grizzly-truth-of-lawyers-as-grave-robbers/ . And you can access the original The Age report from 2005 (it peters out to a fabricated propaganda piece on the second page) via this link: http://www.theage.com.au/news/national/evil-and-dumb-attack-on-victorias-lawyers/2005/12/17/1134703644883.html

Via the audio recordings of the VCAT proceedings on 5 and 10 October 2012 (the scheduled ones not the hasty hybrid “judicial” / “non-judicial” balls up that Mr Greg Garde administered from Practice Court (courtroom 10, a real courtroom this time!) of the Victorian Supreme Court on the afternoon of 5October 2012) you can also hear the pathetic non-answers by the Legal Services Commissioner’s legal aid barrister Mr Guy Gilbert of the Victorian Bar (an ex-Galbally and O’Brien defence barrister of over 30 years post admission who should have known much better than to behave as criminally-for-profit as he did in these kangaroo tribunal proceedings). These were answers to my non-lawyer defence teams requests that the Legal Services Commissioner justify his assertion of regulatory powers over me when I was a litigant let down by my own clienticidal and otherwise incompetent / menace to the public (Law Institute of Victoria Limited “accredited family law specialist”) family lawyers on the one hand, and the even more reprehensible Law Institute of Victoria Limited “accredited family law specialists” (the self-acclaimed “largest government legal aid funded family law practice in Australia” on the other who were gleefully and greedily promoting (racking up $400,000 in legal charges on credit for a penniless fraudster while never even at the point of mock trial holding any evidence from her to justify her demented claims or their criminally-for-profit fraudulent exertions in her name) their criminally disposed and emotionally and psychologically unfit (according to her own expert psych and psychological reports, police reports, mental hospital reports, diariased confessions, (exceedling few that were accurate) Victorian Supreme Court findings etc etc).

Not only was I not a litigator, but the force of these corrupt legal proceedings brought against me, double-jeopardisation in both State and Federal courts (never mind the proper purpose of section 109 of the Constitution to prohibit Australia’s state and federal governments creating through dysfunction such double-jeopardy violations), combined with dealing with false reports and audits from the ATO (a pair of these) and the Law Institute of Victoria Limited investigations of my never existed trust fund (a pair of these examinations that I now realise with hindsight were totally unlawful / unconstitutional for any private ASIC entity to assert any kinds of powers over me) combine with violent threats, violent attacks, burglaries, stalkings and even aggavated burglaries by the young lady herself and her accomplices (as recorded in multiple unprosecuted / unactions police reports including no doubt more such police reports details of which have never even been disclosed to me) meant that I had been forced to close my legal practice (specialising in top-tier corporate and government advisory practice – of the totally non-litgation kind) in June 2008. That was months before this personal Federal Magistrate’s Court hearing for which I am now subjected to a fourth round of malicious, vexatious, criminally defamatory, corrupt and fabricated attacks by the Legal Services Commissioner (this time in VCAT). And not only was there no professional aspect in my appearance as an unrepresented litigant in criminally defamatory and corrupt Federal Magistrate Daniel O’Dwyer’s federal courtroom that day (and I have since received a trickle of reports that he has form in identical, almost word-same and situation same corruptions, biases and other misconducts), nor was there any personal or public indiscretions by me – as demonstrated by the very obvious points that if I had even so much as begun to behave in the slightest way inappropriately then this Federal Magistrate would have been very quick (appropriately or inappropriately being irrelevant) to have warned and / or disciplined me (a federal judicial officer having a whole gammut of judicial powers fortunately not available to the likes of corrupt state bureaucrats such as those housed in VCAT). No such warnings, let alone discipline actions were given to me by Federal Magistrate Daniel O’Dwyer at the time of the hearing in his courtroom. And this whole set of false allegations was only cooked up, garnished and fabricated against me in February 2009 (and certainly not on the false date in February on the face of the purported Federal Magistrate Court documents asserted without witness or testimony by the Legal Services Commissioner against me in VCAT) as blatant reprisal and retaliation against me for issuing Victorian Supreme Court counter claim proceedings in October 2008 (ie 4 months earlier) against Federal Magistrate Daniel O’Dwyer, his co-hidden co-allegators against me in VCAT, criminally-for-profit Victorian Barrister Graeme Devries (who has “criminal-for-profit form not just in his crimes against me, but also against others at least matching his mate Daniel O’Dwyer), corrupt (and mentally disturbing if not disturbed) Park Street, North Fitzroy psychologist David List (just reading his corrupt and self-incriminating report irregularly tendered (again without witness or questioning or availability for cross-examination so my government appointed defence lawyers could rip him to shreds “again” (as I did in the Victorian Supreme Court proceedings in December 2008) – and he too has considerable form not only in hihs criminal defamations and public and professional misconducts against me, but against other Victorian parents and families (destroying the lives of countless Victorian dads, mums and multiples of more children, all criminally-for-profit) according to the trickle to torrent stream of reports that keep coming in to me. It is instrumental that in these Victorian Supreme Court proceedings the tact that these 4 gentlemen have taken, via their million dollar plus blue-ribbon government agency funded legal teams, is to take the ‘tyrant’s position’, saying:

so what if we have been negligent and worse in our professional and public offices”, “so what if every thing that Mr Johnson says about us is true and substantiated beyond any measure of a doubt”, “well we are privileged people above the ordinary laws of Australia that apply to ordinary Australians beneath us like Mr Johnson. And therefore the law gives him no right to sue us for our moral and human rights violating breaches of professional and public responsibilities towards him and his dozen plus dependants. According to our privileged status we can exercise our public offices and our professional offices as nicely or as abusively as we feel fit and there is no higher authority than our own pleasures that can judge or limit our freedoms to be benevolent or fully malicious towards anyone whom we are exposed to in our public and professional offices according to how we feel towards them at any time or in any place.”

Charming. And totally wrong in point of Constitution principles which go to strike down any purported State or Commonwealth legislation which these gentlemen of the “scum of the earth brigade” assert as giving them such “we kings can do no wrong” status as they criminally and corruptly claim. On top of these procedural violations of natural justice and due process / rule of law, and blatant demonstrations of criminality and reprisals against me for exercising my genuine constitutional rights to demand responsible government and to blow the whistle on corrupt misuse of government privileges and powers, the prosecution materials contain regurgitated and in the most part indecipherable false allegations by these persons, hidden by conspiracy of VCAT and the Legal Services Comissioner from being required to testify against me and be cross-examined in open tribunal, all of three of whom are co-defendants with the crooked prosecutor, that is the Legal Services Commissioner (see any governmental conflicts of interest and grounds for apprehensions let alone manifestions of accute bias) in my four years older $50 million dollar civil Supreme Court of Victoria counterclaim, the prosecution materials include false court documents (that are at best fake and at worse inaccurate early drafts) not properly “tendered” because no witnesses were produced by the prosecution to tender or be questioned / cross examined as to contents, meanings or even validity of documents. Not only this but when I had summonses properly taken out in May 2012 (at considerable prohibitive expense to me needing me to borrower from those who could ill-afford to lend me, to cover the government (VCAT) fees) to bring the Legal Services Commissioner’s co-allegators against me into VCAT to testify and be cross-examined (focussing on Federal Magistrate Daniel O’Dwyer as I lacked the funds to pay for summons to issue for his two co-horts), your government bureaucrats in VCAT and the Legal Services Commissioner sprang to protect the prosecutions hidden witnesses from proper cross-examination and further exposure of their crimes and corruptions and fabrications, the VCAT officials and Legal Services Commissioner and staff conspired with them to have my summonses thrown out behind my back, the secret all government hearing hastily called for 17 May 2012, “a day [and a half]” before the trial and to effectively ban me from bringing any evidence into VCAT to demonstrate for the umpteenth time my truthfulness and the genuineness of my whistleblowing reports and the magnitude of the corruption, crimes and cover—ups hurled by these lawyers and bureaucrats in collective unison against me. On those audio recordings for the VCAT mornings of 5 and 10 October 2012, you will hear the pitiful attempts by the Legal Services Commissioner’s legal aid barrister, Mr Guy Gilbert to assert a basis for his regulatory powers over “less than 10% of legal services” (ie 0% of litigators and 0% of family lawyers) and 100% of litigants (it would seem). It goes something like the Dickens-Carroll-Kafkaesque abusurdity that a power to regulate me comes from them likening my my 21st century whistleblowing of official reports of lawyer (solicitor, barrister, judicial, bureaucrat) to higher professional, government, judicial and parliamentary authorities as socially (and I presume, criminally?) equivalent to the case of a 19th century solicitor running a brothel (brothel running was not decriminalised in your State until the late 20th century). Oh, and it doesn’t matter an iota whether or not there is any truth to my whistleblowing since truth of these crimes and conspiracies against me has no bearing on whether or not I am a “criminal” for reporting them. The reasoning for that is that the Legal Services Commissioner could, though he has refused at all times, even in contempt of two separate sets of Victorian Supreme Court rulings I obtained in December 2008 and Spring of 2009 choose at a future date to investigate my complaints against that increasing list of legal practitioners of the criminal-for-profit kind who have conspiratorially ripped into me at government-funded, public wealth abusing expense. Like “pig’s arse” this corrupt Legal Services Commissioner will ever do that (as fomer establishment doyen Liberal Party President and Carlton Football Club President and South Yarra Restauranter (“the Pigs Arse” – what else?) John Dorman Elliot would be want to say between chain smoking puffs on just such occasions as this.

Just what is your Legal Services Commissioner doing going after me, an abused litigant?

Especially, whilst refusing to investigate the abusing litigators (not just my own lawyer responsible for initiating client-icidal federal court proceedings, but the fraudulent litigators who promoted a fraudulent marriage claim / asset grab Victorian government / Supreme Court proceedings against me)?

Especially after I obtained two different Victorian Supreme Court rulings to the effect that the Legal Services Commissioner could (ie had power) and should (ie had duties) to investigate the complaints I have filed?

Especially when he now proceeds against me with an army of a dozen in-house government-salaried-for-life lawyers plus Victorian Bar hire-ins such as Mr Guy Gilbert and Mr Patrick Over (who, Mr Over, has years of prior involvement in the underlying judicial proceedings all at the public’s expense – including being told by a Victorian Supreme Court judge in Spring of 2009 that she could well understand why I issued my counterclaim against the Legal Services Commissioner and others, and no they had no entitlement to costs orders against me when I kindly, and naively sought to release the Legal Services Commissioner as 10th Defendant by Counterclaim, thinking that surely a government agency full of lawyers would obey Victorian Supreme Court rulings. Yes I was so naïve at that time. It was Victorian Bar Barrister Mr Patrick Over who commandered the secret all-government assault on me behind my back in VCAT on 17 May 2012). Mr Over is also subject to a professional misconduct complaint that I made that the Legal Services Commissioner to date refsues to investigate. It is almost certain that Mr Over did not disclose to the Tribunal on 17 May 2012 his material conflict of interest. (I say “almost certain” since how am I ever to know the truth since that whole all-Government secret hearing was hastily called and held behind my back. And I can have no confidence in the completeness and accuracy of any of the VCAT audio recordings given to me of any of its hearings, given the shenaningans that have crept into the audio recordings (gaps and lacks thereof) for the majority of the hearings to date.

Especially when he does so not for the 1st, not for the 2nd, but for the 3rd time, after 2 ¾ dismissing the false (unsubstantiated) allegations against me and without daring to ever investigate even once the true (fully substantiated) allegations I have made against my false accusers, none of whom were presented to present any evidence against me (face further gruelling prosecution etc etc). Indeed your bureaucrats threw together the secret all-government VCAT hearing on 17 May 2012 with obscene haste, a day and a half before the VCAT “trial” began, expressly for the purposes of making sure that my false accusers in this VCAT process did not give evidence against me, because the government did not want their lies and corruptions to be exposed in cross-examination. All four of my false accusers, the Crimes Act / Legal Profession Act / Constitution violating Legal Services Commissioner, the Crimes Act violating barrister Graeme Devries, the Crimes Act (Vic) / Crimes Act (Cth) / Federal Magistrates Court Act / Constitution violating Federal Magistrate Daniel O’Dwyer and the Crimes Act violating Park Street, Fitzroy North psychologist David List are the seventh to tenth co-defendants by counterclaim to my Victorian Supreme Court proceedings against them that have been in suspended animation in the Victorian Supreme Court since October 2008 – deep freezed by Court orders, as part of the judicial obstruction / fragmentation process until I can secure the services of a New Zealand or United Kingdom team of barristers to reanimate them. Just what does that tell you about the breadth and depth of corruption in the legal profession, including the bureaucracy and the judiciary in Australia today? And their (delusionally misconceived) expectations of the corrupt Victorian Supreme Court Judiciary and their lawyerocracy mates in the chief bureaucratic agents, including long-term mate, immediate past Chief Executive Officer of the Supreme Court of Victoria, Mr Michael Keith McGarvie (the current Legal Services Commissioner / Chief Executive of the Legal Services Board) and their mates inside the Law Institute of Victoria Limited and Victorian Bar Inc that see to their nomination and rubber-stamp appointment by whoever, as if irrelevantly, happens to be the Attorney-General at that time in the “Governor in Council’s” cabinet, that I will die of poverty or misery before that day arrives.

And it is your responsibility as an elected Member of Parliament, let alone as the chief legal officer of the “Governor in Council” in Victoria to be protecting the public from the tyranny of this lawyerocracy – it is not your lawful duty or function to be protecting it or perpetrating it. Yet you are coming dangerously close to becoming open, by silence and by association, to charges of being as guilty as your predecessor Mr Hulls of just such protections and perpetrations.

The 2 ½ year ban against me rubber stamped by your VCAT Senior Member Mr Jonathan Smithers during September, October and November 2012 (yes it took them half a dozen nibbles that’s how “like Dostovesky novel” nervous and fearful of media and Ministerial objections they were / are) is a far cry short of the life-time ban that your aggressive, corrupt Legal Services Commissioner was seeking to have his fellow bureaucrats in VCAT impose on me (all of them remarkably and mistakely presuming that they have any such statutory authorities, let alone duties to do so).

It also compares somewhat disappointingly with the 12 year ban that the Spanish judiciary / lawyerocracy imposed on international jurist Baltasar Garzon earlier in February 2012 for mooting the same law reforms and law restorations (including Nuremberg-style investigations and trials of lawyer (including bureaucrats and judges) corruption going back to the Franco-era). But I have no preconceptions that their equally corrupt mates on the judicial benches (where all this corruption against me first sprang from, remember) will do anything to uphold my rights. Protection and cover-up of their bureaucratic mates, and further stripping of my supposed inalienable rights and dignities will once again be the order of the day. Self preservation, the retention of their ill-gotten and undeserved public purses, powers and falsely fabricated professional reputations, as well as their liberties, all depend on them producing an outcome where I just “shut up and die”, vapourised Donald Mackay-style as George Orwell described in in 1984, or even contract-slaughtered, white death in custody style like Carl Williams was silenced. Yes I heed the warnings of those who have been in my position before, who have been shown that path by the lawyerocracy, some of whom even cheated their contract-slaughtering (in one case, for years) and the historical precedents set by the Donald Mackay and Carl Williams (and many other) assasinations all airbrushed from official Australian government histories.

And a 2 ½ year ban was garbage-in-garbage-out, in a mock “trial” in VCAT brought out of time, out of authority, with frightful absence of due process, including secret hearings where I was illegally / criminally banned by another of your “judicial” / “non-judicial” bureaucrats, Mr John Bowman, from bringing evidence to prove my whistleblower status it is sufficient to paint me with false “criminal form” (despite these actions by State against citizen being “not criminal proceedings” according to your bureaucrats – well excuse me, again for whistling the obvious).

B. Legal Services Commissioner’s / VCAT’s planting me with false criminal form and regurgitations of false mental health impairments, as a prelude to the next and further McCarthyist reprisal actions against me in VCAT on equally fabricated, and remarkable similar, false allegations emanating from Australia’s corrupt and unconstitutional Family Law Courts and Lawyers

In his latest turgid set of crooked reasonings, your bureaucrat Mr Jonathan Smithers adds to his long list of Crimes Act violations against me. He starts with a ludicrous suggestion that section 76D of the Commonwealth Judiciary Act (a poor piece of post-colonial legislation) overrides the separation of powers established by the separation of Chapters II and III of the Constitution (and 107 years of consistent High Court of Australia judgements affirming that one constitutional protection of separation of “judicial” and “non-judicial” functions of State, that one constitutional protection against the concentration and abuse of executive (ie bureaucratic and bureau-parliamentary) powers survived under our otherwise shabby, sabotaged Australian Constitution. As I wrote in my previous letter of 31 December 2012, the Owen Dixon High Court will be boiling in their graves at the prospect that the historical Boilermakers Case (Ex parte Kirby) striking down the then version of then federal industrial relations court as an unconstitutional hybrid of judicial and “non-judicial” state powers would be so wantonly and blatantly disregarded by such an even more henious hybrid star chamber as VCAT. I invite you to read the wikipedia historical description of the original King James / King Charles I Stuart era star chamber, accessible via this link: http://en.wikipedia.org/wiki/Star_Chamber Then compare it with any of the descriptions of VCAT by the Immediate Past President of VCAT Mr Kevin Bell (a man of utmost legal skill, intellect and integrity amongst Victoria’s otherwise deeply troubled judiciary). For example Mr Kevin Bell’s inaugural speech is as good a starting point as any, followed by his many newspaper reports regarding the necessity to de-lawyer VCAT which has grown to be the largest government tribunal of its kind anywhere in the world (a clear indication of the many wrongs, constitutionally, governmentally and justice-wise in what, perhaps ranking with its interstate equivalents and the Family Court / Federal Magistrates Court is the biggest lawyers picnic bowl in the Southern (if not both) hemisphere(s) – the engine room of family and economy destruction and unjust and inhumane lawyer enrichment.

After this little adventure of constitutional law student “Alice on acid in wonderland” exposition of Constitutional nonsense, Mr Smithers then goes on to add to his rampant list of crime sprees against me by falsely and criminally defamatorily painting me as narcissitic – all based on the non-testimony and non-cross-examination of the no-tendered in evidence purported psychological report by disgraceful Fitzroy North Psychologist David List, his little bible of hearsays and slanders and quite a few of his own fabrications (he didn’t even know which of the two men in his rooms was which, for the bulk of the period of interviews in his report, as he giggled wierdly at the start of his third hour of tapping away, chopsticks style hunched like a silver-back over his laptop computer on his lap, at a rate of less than ten words a minute while yelling, like the Duchess in Lewis Carroll‘s farce, to those, his adult victims assembled before him, to “shut up while I get that down” (which he failed to do anyway). He then went on, during a wee break that I insisted on several hours into this bizarre examination, to accost me fully five times, like a desparate crack addict “when are you going to pay me my money? When are you going to pay me my money? .. etc five times over” – surprisingly perhaps, at least to him, elucidating the same answer from me on all five occasions, five breaths apart. You see, he wanted to heavy his $3300 of “hit money” out of me before he “sliced and diced me” (other lawyers’ (plural) words, not mine) for the jollies in his “above the laws of Australia” exaulted kingly position with his frighteningly hearsay, slanderous and unprofessional so-called “report” which reveals damning confessions by the young lady fraudster, damning unprofessionalism about Mr David List, and nothing of any genuine probity value about me whatsover]. Didn’t I mention above that Mr David List, corrupt psychologist liar-for-hire from North Fitzroy has quite a bit of form in this regard from the trickle to torrent of reports that have come in to me (with no chasing on my part, I might add) in recent years.

Now the Legal Services Commissioner through its co-hort the Law Institute of Victoria Limited (the ASIC / ACCC / ATO regulated private corporate entity that purports to represent it professional members, such as myself while taking government coin as its primary source of income in return for beating up its members – an interesting upside-down down-under version of a trade union / professional guild – even by Australia’s warped practices) when it second time round dismissed Federal Magistrate Daniel O’Dwyer etc false fabricated allegations against me forced me to undergo a psychiatric investigation which comprehensively cleared me of those fabricated false allegations. The forked-tongue hypocrisy of “my” Law Institute and the corruption and bias of the weighting of that brief to their chosen Psychiatrist re all documented in the Notice of Violation of Human Rights that I cross-filed across all 5 fragmented numbered parts of the Victorian Supreme Court proceedings (at all 3 levels of the Court) and served on the Legal Services Commissioner as 10th Defendant by Counterclaim in June 2009. So both the Legal Services Commisssioner and VCAT’s Senior Member Jonathan Smithers both have actual and not just constructive knowledge that it is false and corrupt, defamatory and serious bureaucratic misconduct to reperpetuate those false allegations against me contrary to the Legal Services Commissioners’s / Law Institute of Victoria Limited’s own crookedly briefed and obtained psychiatric reports that comprehensively cleared me from all such false accusations. And of course these criminal defamations (futher violations of the Crimes Act by VCAT Senior Member Jonathan Smithers, whilst they add another potential decade of jail sentence to his other mountain of crimes (more than “jail for life” if served on sequential rather than consecutive basis, as would probably seem fair) constitute the most severe basis for “apprehended bias” according to the High Court of Australia tests laid down in 2000 in the celebrated case of Johnson v Johnson (no relations, and a case I knew nothing about until mid-2009). But even this will not be sufficient to deter Mr Jonathan Smithers from ‘caesar judging caesar’ contrary to the specific words of the alleged VCAT Act that he doesn’t have a conflict, or sufficient to deter VCAT President Greg Garde from saying, yet again in writing as he did on 5 / 8 October 2012, that biases and other procedural abuses in VCAT at first instance don’t matter (Victorians cannot expect to have as of right due and unbiased processes in the administration of “fair open and efficient justice for all Victorians” in VCAT, les miserables nouveau they are, because they can be taken up by the hapless victim in multi-lawyer multi-million dollar Victorian Supreme Court judicial proceedings to rectify them (over the course of) years later -an ultimate Alice in Wonderland fantasy and multi-level criminal dereliction in public offices and public duties, “judicial”, “non-judicial” and any and all otherwise. Did I mention above, impeachment, recall and prosecution under sections 320 and 321 of the Crimes Act in the context of Mr Greg Garde’s conjoined “judicial” and “non-judicial” crime spree against me on 5 / 8 October 2012. The old Rupert Hammer era Church of Scientology withhunting case of Tampion v Anderson (1973 Victorian Reports) is the other point of common / Constitutiona law on “misconduct in public office” that comes to mind against all bureaucrats, judiciary, lawyerocrats and wannabe “me king can do no wrong” folk like Park Street, North Fitzroy psychologist David List who purport not to be legally liable under civil / criminal laws of Australia for their misconducts in public and professional offices.

But the purpose of these VCAT proceedings J134/2011, it being too daring to give me a lifetime sentence one-out, is of course to paint me with false ‘criminal form’ and false mental infirmities, as a neat little segway into the second attack on me, from an even more crooked Federal Magistrate (Family Law Division) based in Brisbane, in relation to a mercy brief that I took (unpaid and even at my considerable personal expense – even to the point of retaining additional and alternative counsel for the haplessly attacked ‘dad’ and four generations of his extended family). This second McCarthyist attack will also be brought in VCAT by the Legal Services Commissioner (dressing himself up as the Legal Services Board and falsely and corruptly acting through the unconstitutional and illegitimate delegations of non-existent government powers to avoid governmental (Whistleblower Protection Act and Charter of Human Rights and Responsibilities Act) responsiblities via the multi-conflicted, ACCC / ASIC / ATO and Constitution violating also criminally-for-hire Law Institute of Victoria Limited. Key points of those false allegations (the falsity of which is demonstrated and the unconstitutionality of the Family Law Court and its illegitimate Federal Magistrates Court (Family Law Division) offspring, and the corruption and misconduct of its lawyers (including solicitors, barristers, judges and bureaucrats) is self-evident from a simple two hour reading of the first two hours of transcripts out of those two and a bit days of crooked, unauthorised and eventuallly aborted too late proceedings. I will forward you copy of my most recent letter to the Law Institute of Victoria Limited (attention its crooked chief king-pin of longstanding dis-service Chief Executive Officer Michael Brett-Young) of mid-2012 exposing that little escapade. The key point is that Mr Smithers scandalous defamatory “reasonings” of 3 September 2012 and latest tirade of 13 or 14 or whatever November 2012 with the falsely planted “criminal form” and deliberate defamations of me with false and unsubstantiated allegations of “narcism” (of all things) are deliberate and calcualted segways to this second false McCarthyist reprisal that your bureaucrats and their para-government side-kicks / king pins in the Law Institute of Victoria Limited have again been sitting on since early, January-ish, 2010 (once again, well outside of time limits for summary prosecution in any legitimate courts or tribunals, in any event).

As I indicate above, I will forward to you a copy off my last correspondence with the ACCC Law, ASIC Law, Legal Profession Act, Constitution and Crimes Act den of crime and corruption, the Law Institute of Victoria Limited and its long-term king-pin Mr Michael Brett-Young. I am referring of course to the Law Institute of Victoria Limited (originally known as Victorian Lawyers RPA Limited) which was incorporated in 1997, as the phoenix to the ashes of the previous statutory government body the Law Institute of Victoria that was of course outlawed on account of its irredeemably corrupt culture and influence on government by the former Victorian Liberal Party government of Premier Jeff Kennett and Attorney-General Jan Wade. The scandalous nature of these second set of false allegations is clearly exposed by a simple reading of the transcript of the first morning of the corrupt Federal Magistrates Court, Brisbane proceedings. It is also clear how many Crimes Act (Qld) / Crimes Act (Cth) / Federal Magistrates Court Act / Family Law Act / Constitution violations that particular Brisbane-based Federal Magistrate (Family Law) committed during the course of that sordid two and a bit days of forced trial – a crime spree that she continued with gay abandon when things resumed, with the poor dad-victim unprotected by legal representation, later that year.

This false criminal form fabricated on me by your bureaucrats, Mr Michael Keith McGarvie Legal Services Commissioner and his dirty dozen of government-salaried-for-life inhouse lawyers and his criminally-for-hire Victorian Bar hire-in barristers Mr Patrick Over and Mr Guy Gilbert, and your equally conspiratorial government-salaried-for-life VCAT bureaucrats, Jonathan Smithers, John Bowman and now Greg Garde and their staff and hirelings will never be looked into. It will be covered up. Denied legal aid funding as my constitutional rights. Your Mr Greg Garde’s bicephalous litle epistle that their misconduct in VCAT at first instance doesn’t matter because millions of dollars and dozens of lawyers and multiple years of judicial process can be applied to undo the damage is a corrupt little piece of pixiland lodgic by a grown man who should know better, and who is required by dint of his professional oaths and his oaths of public office to know and to do better. Very Orwellian and 1984, as in “The Truth was erased, the erasure was lost, the lies became truth.” At this next mock “trial” in VCAT I will no doubt be handed down a life sentence, or at least something in the realm of the punishment given by your bureaucrats’ Spanish equivalents to Jurist Baltazar Garzon. And of course any opportunity to strip me of life or liberty, the later with incarceration increasing the chances of the former, no doubt these bureaucrats with the judicial protectors will seize upon to do so.

In short, I should be receiving government medals of honor for standing up to these corrupt tyrants of the legal profession, your bureaucracy, your judiciary, and their federal counterparts. Yet instead I am facing courtmarials, vilifications, criminal defamations, extreme austerity measures. Gandhi rightly said, from first hand experience of the corrupt British Raj in India, that “poverty is the ultimate weapon of torture. As police and court records amply expose, I am even nudum pactum in your State of Victoria, the State of my birth, when it comes to being aggravated burgled and car bombed.

I faithfully and accurately record these criminal actions, with as much balance as possible, as much “impartiality” as possible (obviously I cannot claim to be independent), and with as much fact checking as possible (I limit my allegations to those that are substantiated by an incontestable body of evidence / proof on official court / tribunal and equivalent government records). When I faithfully record and blow the whistle on and protest these these Crimes Act violations to your bureaucrats (the perpetrators and their supposed superiors and regulators) they avoid discussion by labelling my reports as “outrageous”. I believe their actions speak loudly that they are well aware that I am just the messenger relaying their “outrages”. Their guilt becomes them. They are scared of the truth. They are locked into covering up their crimes and the crimes of their colleagues. Not just to protect their reputations, but to protect their jobs (being not capable, not fit for any real jobs). Not just to protect their jobs, but (being deserving of years and years of jail time for their crimes against me, against justice, against “fair, open and efficient justice”, and against not just all Victorians (other than themselves) but all Australians (other than lawyers themselves) through the national consequences of outrageously contrived cases like 2005’s D’Orta-Ekenaike v Victoria Legal Aid and another. That horribly contrived case was promoted by your government agencies, Victoria Legal Aid (mother of all tri-cephalous conflicts, no?) and the Legal Practitioners Liability Committee, misusing millions of dollars of public monies, and directly violating your Ministerial “Model Litigants” Guidelines, under which Victoria Legal Aid should have apologised to Mr D’Orta-Ekenaike and paid him compensation on account of causing his wrongful conviction and incarceration for a rape that never occurred. That case, contrary to a swag of test cases that were presented to the House of Lords in 2000 that went 15:0 the opposite way, was crookedly engineered, scandalously lopsidedly funded and resourced and cunningly mis-presented by Victoria Legal Aid and Victorian Legal Practitioners Liability Committee and their overpowering team of two QC’s and three senior-junior barristers, all at the expense of the Victorian public, packaged in this scandalous form to the High Court of Australia which all too readily (over Justice Michael Kirby’s most powerful ever dissenting judgement and two life-threatening double-heart-bypass operations that year that threatened to end his life and keep his powerful dissenting judgement secret for ever) created world first laws stripping Australians of the rights immemorial to sue solicitors (90% of the legal profession) who are negligent and worse in the court rooms.

Do you have any illusions that the frauds and other crimes committed against me in the Victorian Supreme Court (and Victorian government agencies such as the Land Titles Office, before that, and in the Federal Magistrates Court after that) would have been continued through to their gruesome, lawyer-enriching, litigant-destituting finality, let alone this Breaker Morant / Lewis Carroll / Charles Dickens / Franz Kafka show trial courtmartialing in VCAT (and the next one lined up to follow), if the Bracks-Brumby-Hulls labor government in Victoria had not allowed its bureaucrats to fund and make that contrived D’Orta-Ekenaike v Victoria Legal Aid (and another) case to the High Court of Australia, if Australians had retained “the discipline of the markets” that comes with the rights pre-2005 to sue lawyers who were negligent and worse in the court rooms?

I might point out in spite your bureaucrats manic delusions and pretensions to the contrary (some of the later VCAT hearings even being contemptuously held in hearing rooms labelled “Courtroom 1”) VCAT is not a courtroom but is a non-judicial agency of the executive branch of the State. As such the “negligence and worse” of the government-salaried-for-life lawyers and their “legal-aid” hire-ins from the Victorian Bar (since a dozen LSC in-house lawyers is not a big enough team, it seems to carry out this outrage against a solitary, destitute and un-lawyer represented non-litigation ex-lawyer) are not entitled to the benefit of “being above the laws of Australia” according to 6/7ths of the High Court‘s judgements in D’orta-Ekenaike v Victoria Legal Aid and another that would have been afforded to them if these “non-judicial” government proceedings by the State before the State (VCAT) were judicial proceedings.

Do you have any illusions, D’orta-Ekenaike laws to the side, that the frauds and other crimes committed against me in the Victorian Supreme Court (and Victorian government agencies such as the Land Titles Office, before that, and in the Federal Magistrates Court after that) would have been continued through to their gruesome, lawyer-enriching, litigant-destituting finality, let alone this Breaker Morant / Lewis Carroll / Charles Dickens / Franz Kafka show trial courtmartialing in VCAT (and the next one lined up to follow), if the Bracks-Brumby-Hulls labor government in Victoria had not in 2004 – 2005 abolished the independent Legal Ombudsman Victoria scheme established by your predecessor Victorian Liberal government of Premier Jeff Kennett and Attorney-General Jan Wade, along with undoing the other reforms of the Kennett-Wade era – including the abolition of the Law Institute of Victoria and even outlawing of the use of the “Law Institute of Victoria” name?

Those conjoined Supreme Court of Victoria / Federal Magistrates Court judicial proceedings that should never have been initiated against me in the first place. While the lawyers who perpetrated, allowed, enabled, and covered up these crimes and corruptions stemming from those proceedings would probably not have got the prosecutions and convictions and the jail-terms that they have now earned and thoroughly deserved if the laws of 2012 were unchanged from what they were in 2004, I am confident that they would not have had the audacity to attempt these daylight robbers in and through such extreme abuses of judicial, bureaucratic and professional processes.

Small wonder that when she was summarily abolished, to make way for what was always recognised as a sabotaged Legal Services Commissioner scheme (the restoration to power of the old, corrupt Law Institute of Victoria old boys network) Victoria’s last genuine and independent Legal Ombudsman Victoria Kate Hammond went on record as protesting the record number of “evil, dumb … almost sociopathic” lawyers. Before I am criticised for making outrageous statements, remember that this was a substantiated observation by a credible (non-lawyer) member of the Victorian bureaucracy – a lady recently restored via your Baillieu-Clark government as an Assistant Commissioner in the Liquor and Gaming Commission.

But I don’t think that Ms Hammond herself had realised as long ago as 2005 that the more “evil, dumb … sociopathic” lawyers had in fact risen to the tops of the lawyer-nominated, ranks of the bureaucracy and judiciary (all the long-term unelected positions of State power) in this State (and other States of the federation, and at the Federal level too). Nor did Ms Hammond realise, although certainly a number of University Law Professors in the professional ethics area did, even at that time, that the “worse” was yet to come (or at least yet to make itself more obvious).

C. Demands to Restore the Law

  • For the peoples of Victoria, I repeat my ongoing demands for the abolition of the corruptly established and operating Legal Services Commissioner’s office / Legal Services Board, including thorough Nuremberg investigations and prosecutions of your bureaucrats past and present, such as Mr Michael Keith McGarvie and Ms Victoria Marles and their in-house lawyers for their crimes and corruptions.

Their failures to protect me and to investigate my complaints just being the bottom of the harbour of their crime spree of wanton neglect and violation of duties to the Victorian public at large.

And their contortion and abuse of their positions and non-existent powers are just the tip of a filthy iceberg of such corruptions, judging from the reports of numerous past reprisals against whistleblowing lawyers that continue to trickle in to me.

From this trickle to torrent stream of reports, it appears that most lawyers who whistleblow (naïve as I was 5 years ago to any let alone the extent of the corruption) succumb to depression, poverty, suicide and worse, as your bureaucrats suppose that I am supposed to do. Though my tenacious survival for the past 5 years signals fat chance to those delusions – hence the reprisal court martials in VCAT of which we speak today and anticipate even more tomorrow. I demand that all of the 1900 or so complainants a year to the Legal Services Commissioner that he ignores every year going back to 2005 (he doesn’t regulate family lawyers, litigators or lawyers administering wills because … well you can listen to the audio recordings of these proceedings, or ask him yourself – he does report to you and do your administration after all – need to be identified, apologised to, compensated and rehabilitated. I hate to think how many thousands of young lives (children caught as collateral damage – I can name nearly a dozen in my own case alone) have been ruined, how many deaths and suicides caused by this wanton disregard and contempt for basic statutory and governmental functions. I sincerely believe that these are not just Nuremberg “crimes against the peace”; they are Charles I “crimes against humanity” of the kind that were also prosecuted at Nuremberg in the late 1940s.

Whether this demand qualifies me as a ‘whistleblower’ in fact and in Victoria according to the scared, vested interests of your corrupt bureaucrats inside and outside of the Legal Services Commissioner’s office / Legal Services Board / State Government Ombudsman’s Office / VCAT / DoJ interests me very little. I know what a jury of a dozen honest men and women would say. And that’s the very reason your bureaucrats and judiciary continuously refuse me my rights and protections of a jury (not just VCAT, the Federal Magistrates and Victorian Supreme Court Justices also refuse me my rights to juries). And the public acclaim for me as a whistleblower is well recorded in the mainstream media and via my increasingly mainstream blogs “On the Path to Democracy” and “Lawyerocracy on Trial”.

  • For the peoples of Australia, and for Mr Ryan D’Orta-Ekenaike, I repeat my ongoing demands that your Parliament ensure the funding of appropriate test cases to the High Court to have it abolish (hopefully 7:0 as I understand Chief Justice Shelton French is very keen to see done, and so matching the 15:0 of its House of Lords counterpart Y2K judgements of 13 years ago) the dumb, evil and sociopathic “lawyers uber alles” laws created and inhumanely inflicted on the Ausrtralian people by D’Orta-Ekenaike v Victoria Legal Aid and another. I repeat my ongoing demands that poor young Mr Ryan D’Orta-Ekenaike be belatedly given the Victorian State apology and compensation and rehabilitation that this long-suffering man truly deserves under all application State, Federal and International human rights laws.

Whether this demand qualifies me as a ‘whistleblower’ in fact and in Victoria according to the scared, vested interests of your corrupt bureaucrats inside and outside of the Legal Services Commissioner’s office / Legal Services Board / State Government Ombudsman’s Office / VCAT / DoJ interests me very little. I know what a jury of a dozen honest men and women would say. And that’s the very reason your bureaucrats and judiciary continuously refuse me my rights and protections of a jury (not just VCAT, the Federal Magistrates and Victorian Supreme Court Justices also refuse me my rights to juries). And the public acclaim for me as a whistleblower is well recorded in the mainstream media and via my increasingly mainstream blogs “On the Path to Democracy” and “Lawyerocracy on Trial”.

  • For the peoples of Victoria, I repeat my ongoing demands that you investigate, prosecute and this time successfully abolish the ACCC law, ASIC law, Legal Profession Act, Constitution, Crimes Act and (even, Al Capone style) Income Tax Assessment Acts violating (this is hardly mutual member benefiting institution like the RACV or the NRMA) 15 year old corporate nest of criminality that is the Law Institute of Victoria Limited (originally known as Victorian Lawyers RPA Limited) (1997 – 2013). I repeat my ongoing demands that you extend your investigations throughout all other inner-government lawyer built-owned-operated cartel institutions in your Ministry, including the illegally (graft) funded Legal Practitioners Liability Committee, the COAG Principles defying Victoria Legal Aid (a lawyers bank that causes more homelesslessness – destruction of homes and engorgement of family lawyers than any other corporate entity in the country save the courts themselves – as a credit foncier lender of initial resort to the lawyeroracy backed against the assets of the helpless and defenceless ordinary and generaly guileless litigants, plus one of the largest law firms in Australia (quite aside from its grossly unconstitutional “nationalised” / “state-ised” status).

I am sorry, but core governmental functions cannot be delegated by government agencies such as the Legal Services Commissioner / Legal Services Board to private ASIC corporate entities such as the Law Institute of Victoria Limited (formerly known as Victorian Lawyers RPA Limited) (1997 – 2013). Nor can your government agencies, such as the Legal Services Commissioner / Legal Services Board evade their governmental responsibilities under the Whistleblowers Protection Act, the Victorian Charter of Human Rights and [Government] Responsibilities Act, or the Constitution, as the “Mr Johnson’s”, “Mr Humphreys” of your Department of Justice have shamefully asserted to me in splendid self-incriminating splendor (self-incriminating violations of those and other Acts including the Crimes Act provisions I have mentioned multiple times in this letter). Just imagine if other government agencies, for example the State and Federal Environment Protection Agencies or the ACCC / Departments of Fair Trading, thought that such delegations (even if constitutionally possible) were a simple and effective avoidance measure for government agencies to avoid those, or environmental or competion and consumer protection government responsibilities? Again, assuming one Constitution for us all, how can lawyer-built-owned-operated-corrupted government agencies be so special from those that don’t run gun-shot and racketeering over the legal industry?

Whether this demand qualifies me as a ‘whistleblower’ in fact and in Victoria according to the scared, vested interests of your corrupt bureaucrats inside and outside of the Legal Services Commissioner’s office / Legal Services Board / State Government Ombudsman’s Office / VCAT / DoJ interests me very little. I know what a jury of a dozen honest men and women would say. And that’s the very reason your bureaucrats and judiciary continuously refuse me my rights and protections of a jury (not just VCAT, the Federal Magistrates and Victorian Supreme Court Justices also refuse me my rights to juries). And the public acclaim for me as a whistleblower is well recorded in the mainstream media and via my increasingly mainstream blogs “On the Path to Democracy” and “Lawyerocracy on Trial.”

  • And for the peoples of Victoria, I add to my ongoing demands with demands that you dismantle this corrupt, Constitution violating “non-judicial” / “judicial” star chamber of tyranny the Victorian Civil and Appeals Tribunal (see below).

Whether this demand qualifies me as a ‘whistleblower’ in fact and in Victoria according to the scared, vested interests of your corrupt bureaucrats inside and outside of the Legal Services Commissioner’s office / Legal Services Board / State Government Ombudsman’s Office / VCAT / DoJ interests me very little. I know what a jury of a dozen honest men and women would say. And that’s the very reason your bureaucrats and judiciary continuously refuse me my rights and protections of a jury (not just VCAT, the Federal Magistrates and Victorian Supreme Court Justices also refuse me my rights to juries). And the public acclaim for me as a whistleblower is well recorded in the mainstream media and via my increasingly mainstream blogs “On the Path to Democracy” and “Lawyerocracy on Trial”.

D. Demands for protection from bureaucrat, judicial and other lawyer and government abuse

Clearly these bureaucrats of your will not listen to a thing I say. Their political minds are made up. Their political agendas are set. Their political outcomes are set, though they conflict and defy lawfulness, morality and the Constitutional legitimacy. Every one of these hearings including July 6 2012 is clearly pre-scripted and the outcomes pre-determined.

I simply note that if there were any chinks of inaccuracy or other fabricatable weaknesses in the truths of my whistleblowing reports then your bureaucratic army of government-salaried-lawyers (more than a hundred strong at this point, 5 years into the process) would by now have quickly seized upon them and exploited and exposed them. That they are scared to do so, even to the point of abjectly refusing to investigate any part of either side’s allegations (my true ones, or the false ones I am copping from the guilty and corrupt parties) are damning indications not just of the truth of what I am reporting, but your bureaucrat’s guilty minded acknowledgements (like Dostovesky novel) of the truth of all of my reports, and their self-preservation modes have kicked in that they must “shut me up” at all costs and no matter how blatant the self-incriminations, in the hope that they will forever be protected from proper and impartial and efficient investigations and prosecutions.

When I appeared at hearings in December 2011, May 2012 and July 2012 to plead lack of authority, my constitutional rights to a lawyer appointed by the State etc etc, your bureaucrats at first acknowledge me (on the rights to legal advice and representation funded by the state at least, pretending or just as bad, genuinely not understanding the constitutional and due process points), then they contradict themselves by denying me. When I protest at the frightful abuses of due process, the contempt for natural justice and other evidentiary processes such as mandated by the High Court of Australia, your bureaucrats who have no judicial powers mind, do what they want to do anyway in contempt of the High Court and the Chief Justice of the High Court, French CJ himself. As your Senior VCAT Member Jonathan Smithers did on 6 July 2012 he simply rubber stamps your bureaucracy’s (his workmates and colleagues of the LSC’s) requests (query whether of the LSC’s or the VCAT’s penmanship – it is impossible to distinguish prosecutor from “decision maker” here as the audio recording (incompletely issued) for that day plainly tells).

It is your double responsibility Mr Clark to get your men and your agencies in order. “Fortunately” these bureaucrats of yours are seeking to create world first “Miranda rights laws” against me this month. Not bad for a bunch of administrators who have no judicial or legislative powers. Who knew that such travesties of justice and ultimate human rights (citizen rendered destitute by corruption of unconstitutional bureaucracy and judiciary processes facing a life sentence has no right to a defence attorney funded by the state, but has a responsibility to fund the external legal aid attorneys that the dozen in-house bureaucrat / lawyers have the right to engage at his expense to persecute him). Didn’t you recently announce new policy to crack-down on workplace bullying (bearing in mind that these tribunals and courtrooms were never “my workplace in my entire legal career 1989 – June 2008)? Didn’t you recently introduce and have passed through the Parliament legislation to crack down on criminal gangs – well why doesn’t that legislation too extend to gangs of lawyers marauding in your States and the nations courts and tribunals, as these “gentleman” and “gentlewomen” have done against me and are doing against thousands of others, on an industrial scale that would have left Franco era Spaniards, Nazi-era Germans and Stalin-era Soviet lawyers breathless, if not suffering life-threatening exhaustion from their over-exhaustions.

E. Appointment of Representative for VCAT Hearing on 30 January 2013

Since I wrote to you on 31 December 2012 I became aware that on top of purported this 2 ½ year ban from practising law handed down to me during September, October and November 2012, your bureaucrats are seeking to create new “anti-Miranda-clause” laws as I noted above. Let me start by saying that the 3 month process of little nibbles, over half a dozen hearings between false conviction (without evidence, without trial, without defence attorneys, without and accusers brought forward for cross-examination etc) was no doubt to test for public and / or Ministerial backlash before the next nibble, then the next nibble. Death by a thousand bureaucratic paper cuts as the Chinese Mandarins of Mongol and earlier dynasties used to call it.

The $12,000 that they are seeking me to pay under these soon to be created “anti-Miranda-clause” laws VCAT intends to judicially / legislaturishly create this month (pretentious criminal gits in the extreme – their power to do so being so clear that there are no points of law or Constitution that need to be judicially clarified first by the Courts, of course …) is indicative of the cost of these reprisals and cover-ups against me.

In all, I estimate that this VCAT witch-hunt has cost the Victorian public about a million dollars – including the secret all-Government manoeuvres of 17 May 2012 to avoid bringing any evidence or accusers into VCAT and to make sure that I was also shut out from having my “day in Tribunal” vindicating myself and my uninvestigated / prosecuted allegations and exposing further the depths of their treachery, falsehood and corruption.

In all, I estimate that the lawyers cartel of Victoria Legal Aid, the Legal Practitioners Liability Committee, the Law Institute of Victoria Limited, your inner-government Department of Justice (I will gloss over the Victorian Supreme Court and Federal Magistrates Court costings), the Legal Services Commissioner / Legal Services Board and your VCAT have abuse $7 million of public monies, all wasted (well mostly spent on rich picnics, elite welfare for lawyer elites) enabling and covering up these very basic and obvious fraudulent judicial proceedings against me and engaging in criminal reprisals against me for refusing, to put it bluntly, for refusing to shut up and die of their imposed poverty and grief.

This latest, “anti-Miranda-clause” making hearing by VCAT on 30 January 2013 is your opportunity to shine Mr Clark. It is your chance to write your name in history (rather than infamy) as of equivalent stature to Australia‘s greatest ever (Federal) Attorney-General “Doc” HV Evatt.

Let me give you a little bit of historical background that may not be fully familiar to you.

Former Attorney-General (and later, High Court Justice) Doc Evatt is, along with author H.G. Wells universally recognised as the principal architect(s) of the United Nations International Declaration of Human Rights.

In his disturbingly revealing political / legal history The Great Constitutional Swindle, Professor Peter Botsman tells the story of Doc Evatt’s involvement (whilst Federal Opposition leader and Shadow Attorney-General) in anhilating Australia’s proto-McCarthyist legislation the short-fated Communist Party Act. When Sir Bob Menzies’ parliament enacted the Communist Party Act, the then ALP in opposition was powerless (lacking numbers in either the House or the Senate) to block the legislation despite forming the clear and accurate view that its presumption of guilt and other features made theAct a gross, wholesale abandonment of human rights. Doc Evatt’s response to his parliamentary colleagues was to “let them pass the law, I will take the first brief for no fee to get it struck down the sooner the better.” When the Menzies’ era federal bureaucrats launched their first such Witchhunts off the back of the Menzies’ Parliament’s gift to them, Doc Evatt, as Shadow Attorney-General sought out the 3 hapless targets and agreed (Malcolm Turnbull, Spycatcher style) to represent them as defence QC without fee.

Now Australia‘s short-lived Communist Party Act of the 50s was the proto-type adopted by the McCarthy era Americans for their own anti-communist witch-hunts against many of my Hollywood era heroes. None less so than the legendary Arthur Miller of the original “The Crucible” fame – a parable of his persecutions by the “anti-American Committee”. In short, experiences on all fours with my experiences before this “anti-lawyerocracy, ad hoc committee” fronted by the Legal Services Commissioner / Legal Services Board and the Victorian Civil Appeals Tribunal on behalf of the lawyerocracy and its government and para-government cartel at large.

Australia’s short-lived Communist Party Act was also the template for our sister apartheid nation, South Africa, in drawing up its Anti-Apartheid laws. Australia’s apartheid practices were / are far more effective, operating at bureaucratic and judicial level without the need of drawing up legislative frameworks first – as evident by Australians of original indigenous national denominations not even being recognised as having the legal status of persons until 1967 (and many would say, with much vindication, that that is still just a paper, ‘use’em and abuse’em’ recognition, even today).

When Doc Evatt challenged the Communist Party Act in the High Court in the 50s, with memorable lines such as “[the government] can’t cut off a man’s tongue just in case he might in the future say something bad about [the government]” the High Court ruled it invalid by 6:1 majority, on Constitutional grounds. The one “hold out” was the Victorian judge who had been keenly involved in drafting the Act – so much for caesars judging caesars on conflict of interest issues even in those, possibly, more enlightened and more ethical days.

I have been represented on a limited capacity in these VCAT hearings since 6 July 2012 by non-lawyer defence team. This has come about since, after the unconstitutional violence that occurred by the VCAT (armed, and presiding) officers at its hearing in confined quarters on 6 July 2012 it is very clear to me that my own safety would be put at risk simply be being present. Coupled with this, while “Dracula with aids” is entitled to legal defence team, according to eminent human rights jurist, ex-Australian, Internattional Court of Criminal Justice, Judge Geoffrey Robertson SC of Doughty Chambers London, I apparently according to the Australian legal profession (the dozens of law firms and hundreds of solicitors and barristers I have approached seeking representation even on an ‘adjournment application basis), am not as worthy or entitled to lawyers to defend me as an Aids carrying vampire. While the High Court of Australia has ruled (as the LSC and VCAT’s Mr Jonathan Smithers acknowledged in public hearing attended by more than a 100 members of the public on 21 May 2012) that I am entitled to legal defence representation funded by the state (of Victoria) according to the High Court’s Dietrich case principles (the equivalent of the United States’ “Miranda clause laws” famous on the TV since “The Streets of San Francisco” days, Victoria Legal Aid (which refuses to even acknowledge my application, for obvious, corrupt reasons) rules by neglect I am not, and as do the Legal Services Commissioner / VCAT by frog-marching to court-martial without allowing me legal representation that it formerly admitted is my Constitutional right. According to your Ministerial (Model Litigants) Guidelines the Legal Services Commissioner and VCAT should have left things adjourned as they were on 21 May and put written pressure on Victoria Legal Aid to supply me with legal aid funding (I would say dollar for dollar matching the million/s spent by your bureaucrats in there attacks on me so far). But of course they are not going to do that for own sordid political and personal “neck-saving” reasons, are they.

I note by way of addendum to the above Communist Party Act history lesson on former Attorney-General Doc Evatt a rather disturbing opinion by world famous Australian human rights lawyer, “Living National Treasure” Mr Julian Burnside SC. In his expose of one aspect of Australian government’s shocking history of human rights violations (his book “Watching Brief” which focuses on bipartisan Australian government bureaucratic abuse of humanitarian refuge seekers to our shores) Mr Burnside notes (and I cannot but whole-heartedly agree with him, given my own observations, my own “watching briefs” and experiences post my 2007 apocalypse):

The sad fact is that neither truth nor moral arguments get much oxygen in Australia these days. If the Universal Declaration of Human Rights were being debated now, Australia would oppose it .”

From Watching Brief: Reflections on Human Rights, Law and Justice

You can read more of this section of Mr Burnside’s book, and obtain a link to his book, via the following link: http://jamesjohnsonchr.wordpress.com/2012/06/29/human-rights-in-an-age-of-government-created-terror/

I have given the above history lesson, compiled almost entirely as I said by Professor Peter Botsman with post-script by Julian Burnside QC, in order to defuse the inevitable sledge I will receive (“hit the man”, “hide the truth”, “empty his pockets” in the time honoured practice of Australian law, politics and even media) for what to the uninformed and prejudiced looks like a “nutter” step I am about to take. You can now see before I “leap” that I am following a well-established legal precedent of much dignity and honour. I am honouring you with a rare opportunity for those of our lawyer generation to do right in the place of wrongs that are being committed against me allegedly under authorities from your Ministerial office.

I am hereby giving you Mr Robert Clark, barrister and solicitor of the Supreme Court of Victoria and elected Honourable Member for Box Hill in the Victorian Parliament your “Doc Evatt moment.”

I hereby appoint you Mr Robert Clark as my representative in VCAT for the purposes of this VCAT hearing called by your bureaucrats for 30 January 2013 (or any varied date or time or place thereof). In this regard I give you limited authority to raise the following issues:

  1. To seek the orders that I drafted and furnished to VCAT as part of the submission materials I was unconstitutionally forced to make (under strongest of protests) for VCAT’s scheduled hearing on 5 October 2012 (see re-attached);

OR (ALTERNATIVELY):

  1. (a) to assert my Dietrich rights to independent legal advice and representation funded by the State of Victoria (I ask you, in your Ministerial and Parliamentary capacities, to order Victoria Legal Aid / Legal Practitioners Liability Committee to deliver on their responsibilities to deliver me these rights); (b) to assert the unconstitutional nature of VCAT and its constituting legislation, the Victorian Civil and Administrative Appeals Tribunal Act, as a Constitutionally prohibited hybrid “judicial” and “non-judicial” body (the statutory references (violations of Chapters II and III of the Australian Constitution, which in a raft of recent decisions the French CJ, High Court of Australia has ruled, State government agencies cannot hybridly do); [note: other Constitution grounds will likely be raised once I have obtained independent legal advice and representation, such as this State Government executive (“non-judicial”) attack on me, an enrolled Officer of the High Court of Australia and therefore a “separation of powers violating” attack on me as such, as a member of the highest Federal Judicial body, etc … ; (c) to outline and assert my basic fundamental right to proper and responsible governance which is coupled with my free-speech constitutional right to impugne (blow the whistle on, free from fear of reprisals or lawyer / bureaucracy / judicial abuse) corruptions and misconducts by persons in judicial and bureaucratic positions purporting to be acting within public powers and duties for the public good when they are in fact serving private vendettas and corrupt purposes and / or exercising alleged powers that are non-existent on factual and constitutional grounds; (d) that when called on by a citizen to demonstrate the constitutional and public law validity of government actions, the government agency has the basic Constitution duty to prove beyond reasonable doubt and always at government and never at citizen’s expense, that its actions (including if applicable its policies, its regulations and its Acts of Parliament, are valid and Constitutional and on all other grounds legitimate and lawful exercises of government powers and authorities; (e) as a matter of Constitution and general good governance that general costs of government agencies are to be funded out of public general consolidated revenues via Parliamentary appropriation Acts initiated in the lower House, and never to be funded by way of individual extraction against individual citizens, Victorian or otherwise, let alone when the citizen has been rendered destitute by corrupt and unconstitutional forces, neglects and acquiescences of the government agencies concerned; (f) to protest the wholesale abandonment of due process, natural justice by the LSC and VCAT (and indeed by the VLAO and the LPLC) in these VCAT “non-judicial proceedings”, which again the French CJ, High Court of Australia has ruled State government agencies such as the LSC and VCAT are bound to observe (including for example the 7:0 unanimous decision of 3 February 2010 in Kirk Group v NSW Workers Compensation Insurance Authority (2010) 1 CLR 1; (g) to assert that that the Legal Services Commissioners, past and present, Michael Keith McGarvie and Victoria Marles, and VCAT staff John Bowman, Jonathan Smithers, Greg Garde and their respective colleagues and staff actively engaged in these reprisals against me are guilty of umpteen counts of crimes under the Whistleblowers Protection Act, Crimes Act, Constitution and other Acts and common laws I have described and mentioned in part above;

AND …

… (ADDITIONAL, WHICHEVER PATH (1) or (2) IS FOLLOWED:

  1. (a) To assert that your VCAT bureaucrat Mr Jonathan Smithers sign, seal and deliver to you and to me the draft resignation, apology and undertaking that I drafted and sent him for the purposes of his hearing in VCAT on 3 October 2012 (further copy re-attached); (b) To assert that your bureaucrat Mr John Bowman sign, seal and deliver to you and to me the draft resignation, apology and undertaking that I drafted and sent him for the purposes of his hearing in VCAT on 3 October 2012 (further copy re-attached); (c) To assert that your VCAT bureaucrat Mr Greg Garde sign, seal and deliver to you and to me the draft resignation, apology and undertaking (see attached) that I have drafted in the substantially the same form as the two previous ones but for the opening paragraph which is new, and hereby send to you (and to him under cover of a copy of this letter); To assert that your bureaucrat Michael Keith McGarvie sign, seal and deliver to you and to me the draft resignation, apology and undertaking that I drafted and sent him (along with about a dozen of his government-salaried-for-life-lawyer-employees) – not re-attached to minimise the bulk of this correspondence, but already on the VCAT and LSC files several times now).

For the avoidance of doubt, this letter, and the 4 attachments are a certificate under and for the purposes of alleged section 62 of the Victorian Civil and Administrative Appeals Act (on the “go with the flow” false pretence that the VCAT is likely to assert without proper or intelligent thought or understanding, in self-preservation mode (contrary to the obvious public interest for the peace, welfare and good government and administration of justice in the State of Victoria) that its legislation is valid, where it is argued and to be argued on 30 January 2013 and at all times afterwards that it is perhaps the lease valid legislation and the least Constitutionally valid government agency, an out and out star chamber purporting to exercise concentrative tyrants’ powers of judiciary, executive and even quasi-legislature (over-writing and over-riding its own legislation that it is supposed to merely administer under and subject to your Ministerial guidance).

At a minimum, without wishing to prolong these unconstitutional, oppressive, vexations, conspiratorial and Constitutional / Crimes Act and other Act violating proceedings, this certificate is the basis for you making as my limited representative for this VCAT hearing’s purposes Mr Robert Clark, arguments on questions of law which, though the answers be pristine clear to me will be counter to the liking and desired practices of your corrupt and criminally-minded VCAT and LSC bureaucrats – in which case before taking another step or another strip off me in these proceedings, VCAT must send these “questions”, according to the alleged VCAT Act and according to your Ministerial (Model Litigant) Guidelines, not to mention binding High Court of Australia precedent and basic raw common sense and decency, send to a proper “judicial authority” for adjudication by genuine judicators (ie judges of courts of law) and cannot validly or otherwise than criminally and unconstitutionally judge for its – according not only to the black and white language of the VCAT Act, but according to binding High Court precedents Johnson v Johnson (2000) 1 CLR 447 (no relations).

F. Silence in the face of evil is evil

Silence in the face of evil is evil, Mr Clark. No more so than when the evil is being committed by bureaucrats who are lawyers, who have sworn oaths of profession and oaths of public office to act to the administration of justice. And no more so than when these lawyers who are bureaucrats head up government agencies for which you, as Attorney-General are chiefly and ultimately civilly, criminally and politically liable.

I hope that you are up to stepping up to your “Doc Evatt moment”. Though I won’t be holding my breath.

Those who are more experienced in the, seemingly lawless, customs of VCAT tell me that it is not unheard of for VCAT presiding officers, when the heat gets too hot for them to simply cancel all VCAT proceedings and all past orders made “on the spot”. I suggest having regard to the multitude of statutory violations (serious crimes) your bureaucrats inside VCAT and the LSC have committed against me, all comprehensively recorded beyond all measure of doubt on their own VCAT records of proceedings that that “too hot to handle” point has been well and truly transgressed in these proceedings J134/2011 since day one (and even years prior to that, in the case of the LSC and his staff and crew). So I hope that 30 January 2013, which presents as maybe the last chance for VCAT’s presiding member to exercise this Emperorial perogative, takes the opportunity to do so via the draft findings, catch-words and orders that I have attached from the 3 October 2012 submission materials.

But again, I will not hold my breath that your bureaucrats can change their spots, not without substantial Ministerial steerage on your part.

However, where I am holding my breath, so to speak, I note that I have received nothing from you in writing in response to my correspondence to you of 31 December 2012 nor, any of my previous correspondences, except for the solitary communication I received from you in Spring 2009, when of course Mr Baillieu and yourself were “shadows” in opposition to the executive public offices you hold today.

When the indictments finally issue against Mr Michael Keith McGarvie, Ms Marles and their staff, and against Mr Jonathan Smithers, Mr John Bowman and Mr Greg Garde, along with others whom I have previously blown the whistle on, I hope that your name will be on the bottom of the indictments, as the hand that signs the papers, rather than (due to continuing laggardness, neglect and omission) one more name in the list, in which case you can expect priority mention at the very top of the papers.

I also note the frightful lack of technical legal knowledge by your bureaucrats and agency chiefs. I have previously offered to step into Mr Michael Keith McGarvie’s shoes as temporary Legal Services Commissioner to begin the Nuremberg-style investigations and hunts for his victims. I have also acted for several of your predecessors, both in the former Labor Victorian Government (not the infamous and scandalous political journey-man Robert Hulls, I am quick to add) and your predecessors in the previous Kennett-Stockdale-Wade government (especially the latter). I have previously been involved in the documentation of several half-billion dollar projects for PAIRD (Privatisation and Industry Reconstruction Department) of the Victorian Government. I have previously been involved in drafting of major parts of major Acts of Parliament, including years worth of review and advising on and repairs to “Cabinet in Confidence” legislation in the Water Industry and Electricity Industry amongst others – indeed my work on such legislation was interrupted, literally aggravatedly burgled from me in the process of these fraudulent court actions brought against me by the young lady fraudster (as police captured and confirmed by Supreme Court rulings). I am appalled that such an obviously Constitutionally invalid piece of legislation as the Victorian Civil and Administrative Appeals Tribunal Act ever issued from the bowels of your bureaucracy, let alone made it onto the floor of the Parliament, let alone has stood on the statute books awaiting a “Doc Evatt” to annihilate it, for almost a full 15 years. Let alone the years of hardship and cruelty, unconstitutional illegitimacy and suffering that has been imposed on the Victorian people during its illegitimate operation during all of this time. Surely I cannot be the only properly-trained, properly-experienced lawyer at your access to have noticed and formed these views. I am certainly open to taking future retainers from you and from your, right-thinking Ministerial employees (many of whom I have worked with and can name for you, knowing them / me on a first-name basis for many years). One thing is clear, they, you, and the people of the State of Victoria (where I hope to return to live in peace one day, free from fear of unprosecuted aggravated burglaries and un-policed / un-investigated car bombings), you have great need of my services that I provided to the State at the highest level, for more than 15 years before I was “sliced and diced” (as these corrupt litigators and family lawyers put it themselves) via this nightmare corruption of lawyering and legal and bureaucratic processes that might well have sent even a stallwart like William Shakespeare (no strangery to tragedy or farce) to go diving in the Thames with the “Water Lawyers” of the Elizabethan era.

I again request a civilised response to this letter within a civilised timeframe, having regard especially to the fact that the VCAT hearing called by your bureaucrats that you are hereby authorised on these limited authorities as my representative in VCAT is listed for hearing at 2pm on 30 January 2013 at 55 King Street, Melbourne (but beware your bureaucrats are almost certain, yet again, to make a last moment change of venue and a last moment change of time and date, to thwart media and public attendance to hold silent witnesses to the corruptions that they are planning, and the “anti-Miranda-clause laws” that they are intending to make, at this hearing of theirs.

I stand awaiting your return correspondence, on the above basis, as a matter of high State and National importance, and as a matter of personal urgency for both of us.

  • I will send you separately my mid-2012 correspondence to the Law Institute of Victoria Limited (as sham delegate for the Legal Services Commissioner dressed-up as the Legal Services Board of all things) in relation to the next McCarthyist attack that the lawyerocracy is about to spring on me in VCAT.
  • I will also resend to you the documents that I sent to you on 31 December 2012 (both of them) via your Parliamentary Office in Box Hill, since 2 plus weeks have passed and I have not yet recevied a “civilised response within a civilised time frame.”

Yours sincerely

Harold James Johnson

Journalist – Whistleblower – Law Reformer

Independent Federal Candidate for Lalor

(Australian House of Representatives)

Solicitor and Barrister of the High Court of Australia

(Celebrating 20 Years of Legal Practice 1990 – 2010)

Enclosures:

  1. Draft VCAT Orders sought (as per 3 October 2012 drafting)

  2. Draft Resignation VCAT’s Mr Jonathan Smithers (as per 3 October 2012 drafting)

  3. Draft Resignation VCAT’s Mr John Bowman (as per 3 October 2012 drafting)

  4. Draft Resignation VCAT’s Mr Greg Garde (new document based on (2) and (3)).

Mr Jonathan Smithers

Senior Member

Legal Practice List Division

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

Hon Robert Clark

MLA for Box Hill, Attorney-General for Victoria

BY FACSIMILE: 03 9890 7180 | 03 8684 1100

(Telephone: 03 9890 6606 | 03 8684 1101)

Mr Greg Garde

President

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

BY FACSIMILE: 03 9628 9788

(Telephone: 03 9628 9081 )

Mr Michael Macnamara

Head of List

Legal Practice List

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

BY FACSIMILE: 03 9628 9788

(Telephone: 03 9628 9081 )

Mr James Johnson

B.Ec (Hons). LLB. Mem CLA. Mem MEAA

Journalist. Whistleblower. Lawyer.

Independent Federal Candidate for Lalor

PO Box 6137 Point Cook Victoria Australia

BY HAND DELIVERY

Dear Hon Robert Clark and Gentlemen,

UNCONDITIONAL RESIGNATION AND APOLOGY AND UNDERTAKINGS

Resignation

I hereby tender my resignation effectively as Senior Member of the Victorian Civil and Administrative Tribunal, and from government employ of any description, effective IMMEDIATELY.

I acknowledge that I have been guilty of serious misconduct and legal unprofessionalism in conduct as a Senior Member of VCAT, sitting alone in hearings in VCAT Proceedings J134/2011 – Michael McGarvie – Legal Services Commissioner v Harold James Johnson.

Apology

I humbly and unconditionally apologise to Mr Johnson and to the people of Australia for the “rulings”,”orders”, “findings” and “laws” (collectively the “R-O-F-L”) that I made (but have today fully quashed) during the course of VCAT Proceedings J123/2011 which were wrongly brought (including for ulterior purposes) by Mr Michael McGarvie, Legal Services Commissioner against Mr Johnson.

This includes the R-O-F-L that I made on 3 September 2012, at a hearing that I should never have held on that, in proceedings that the Legal Services Commissioner should never have commenced, and that I have done my best today to rectify.

Undertakings

I acknowledge that as a consequence of my misconduct and unprofessionalism I am not a fit and proper person to be employed by the State of Victoria, or any where else in Australia, in any position of office under the Crown or government position whatsover.

I also acknowledge that as demonstrated by my misconduct and unprofessionalism I am not a fit and proper person to engage in legal professional practice in the State of Victoria or anywhere else in Australia or overseas. I undertake to cancel / not to apply for any certificate to practice law in Victoria or elsewhere in Australia or overseas without the prior written permissions of Mr Johnson and the Legal Services Commissioner and / or Chief Executive of the Legal Services Board (or their equivalents).

I acknowledge that I expect to face disciplinary proceedings from the Legal Services Commissioner (Mr Michael McGarvie’s successor to that position more likely than Mr McGarvie himself), as well as criminal prosecutions (for example under the Victorian Whistleblowers Protection Act 2001 and under sections 320 and 321 of the Victorian Crimes Act 1958.

I acknowledge that Mr Johnson has a valid and uncontestable legal claim for damages against me and my assets personally (as evidenced (for example) by sections 18 – 20 of the Whistleblowers Protection Act 2001) on account of the wrongs I have committed against him in connection with these VCAT Proceedings.

To expedite settlement of my legal obligations to compensate Mr Johnson and to perfect my apology I give Mr Johnson, his successors and assigns, the following undertakings:

  1. I undertake to discuss fully and frankly and to negotiate with Mr Johnson in accordance with the higherst standards of legality, civility and respect, and to compensate him and settle his claim against me without resort to judicial or administrative proceedings.

  1. I also undertake to inform and keep Mr Johnson informed at regular monthly intervals and at all times on demand, as to the full extent of my wealth, my assets, income available to me (including third party sources and shared assets and incomes) to satisfy my compensation obligations to him.

  1. I undertake to retain ownership and possession of all my wealth, my assets and my income (other than my income from VCAT that I surrender with my resignation).

  1. I undertake not to acquire any new assets or actual or contingent or any other kinds of liabilities or obligations affecting or contingently affecting my wealth or assets – unless I first have Mr Johnson’s prior written consent before doing so.

  1. I undertake not to do anything in the nature of disposing, or secluding or dealing in my assets (or aggravating or creating any new liabilities or encumberances that might attach to them) unless I first have Mr Johnson’s prior written consent before doing so.

  1. I will sign and do and complete all documents and things that Mr Johnson requests of me in order to give effect and perfection to these undertakings AND I irrevocably authorise Mr Johnson by way of security as my attorney with full power of attorney to sign and to do and to complete whatever documents or things that Mr Johnson or his agents, successors or assigns think convenient for him in connection with these undertakings that I have today given to him in this document.

My address and contact details for all communications from Mr Johnson to me in connection with this resignation, apology and undertakings is as follows (and I will keep Mr Johnson informed of any changes of address and contact details until I have perfected my apology and delivered on these undertakings in full).

SIGNED SEALED AND DELIVERED by

the said ………………………………………….

(print full name – Jonathan Smithers)

of ………………………………………………..

(print full address)

………………………………………………..

………………………………………………………

(signature – Jonathan Smithers)

AND WITNESSED ON ….. October 2012 by

witness ………………………………………….

(print full name)

of ………………………………………………..

(print full address)

………………………………………………..

………………………………………………………

(signature of witness)

Mr John Bowman

Deputy President

Legal Practice List Division

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

Hon Robert Clark

MLA for Box Hill, Attorney-General for Victoria

BY FACSIMILE: 03 9890 7180 | 03 8684 1100

(Telephone: 03 9890 6606 | 03 8684 1101)

Mr Greg Garde

President

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

BY FACSIMILE: 03 9628 9788

(Telephone: 03 9628 9081 )

His Hon Chief Judge Michael Rozenes

County Court of Victoria

250 William Street Melbourne Victoria 3000

BY FACSIMILE: 03 8636 6050

(Telephone: 03 8636 6698 )

Mr James Johnson

B.Ec (Hons). LLB. Mem CLA. Mem MEAA

Journalist. Whistleblower. Lawyer.

Independent Federal Candidate for Lalor

PO Box 6137 Point Cook Victoria Australia

BY HAND DELIVERY

Dear Hon Robert Clark and Gentlemen,

UNCONDITIONAL RESIGNATION AND APOLOGY AND UNDERTAKINGS

Resignation

I hereby tender my resignation effectively as Senior Member of the Victorian Civil and Administrative Tribunal, and as Judge of the County Court and from government employ of any description, effective IMMEDIATELY.

I acknowledge that I have been guilty of serious misconduct and legal unprofessionalism in conduct as Acting President of VCAT, sitting alone in hearing on 17 May 2012 in VCAT Proceedings J134/2011 – Michael McGarvie – Legal Services Commissioner v Harold James Johnson.

Apology

I humbly and unconditionally apologise to Mr Johnson and to the people of Australia for the “rulings”,”orders”, “findings” and “laws” (collectively the “R-O-F-L”) that I made (but have today fully quashed) during the course of VCAT Proceedings J123/2011 which were wrongly brought (including for ulterior purposes) by Mr Michael McGarvie, Legal Services Commissioner against Mr Johnson.

This includes the R-O-F-L that I made on 3 September 2012, at a hearing that I should never have held on that, in proceedings that the Legal Services Commissioner should never have commenced, and that I have done my best today to rectify.

Undertakings

I acknowledge that as a consequence of my misconduct and unprofessionalism I am not a fit and proper person to be employed by the State of Victoria, or any where else in Australia, in any position of office under the Crown or government position whatsover.

I also acknowledge that as demonstrated by my misconduct and unprofessionalism I am not a fit and proper person to engage in legal professional practice in the State of Victoria or anywhere else in Australia or overseas. I undertake to cancel / not to apply for any certificate to practice law in Victoria or elsewhere in Australia or overseas without the prior written permissions of Mr Johnson and the Legal Services Commissioner and / or Chief Executive of the Legal Services Board (or their equivalents).

I acknowledge that I expect to face disciplinary proceedings from the Legal Services Commissioner (Mr Michael McGarvie’s successor to that position more likely than Mr McGarvie himself), as well as criminal prosecutions (for example under the Victorian Whistleblowers Protection Act 2001 and under sections 320 and 321 of the Victorian Crimes Act 1958.

I acknowledge that Mr Johnson has a valid and uncontestable legal claim for damages against me and my assets personally (as evidenced (for example) by sections 18 – 20 of the Whistleblowers Protection Act 2001) on account of the wrongs I have committed against him in connection with these VCAT Proceedings.

To expedite settlement of my legal obligations to compensate Mr Johnson and to perfect my apology I give Mr Johnson, his successors and assigns, the following undertakings:

  1. I undertake to discuss fully and frankly and to negotiate with Mr Johnson in accordance with the higherst standards of legality, civility and respect, and to compensate him and settle his claim against me without resort to judicial or administrative proceedings.

  1. I also undertake to inform and keep Mr Johnson informed at regular monthly intervals and at all times on demand, as to the full extent of my wealth, my assets, income available to me (including third party sources and shared assets and incomes) to satisfy my compensation obligations to him.

  1. I undertake to retain ownership and possession of all my wealth, my assets and my income (other than my income from VCAT that I surrender with my resignation).

  1. I undertake not to acquire any new assets or actual or contingent or any other kinds of liabilities or obligations affecting or contingently affecting my wealth or assets – unless I first have Mr Johnson’s prior written consent before doing so.

  1. I undertake not to do anything in the nature of disposing, or secluding or dealing in my assets (or aggravating or creating any new liabilities or encumberances that might attach to them) unless I first have Mr Johnson’s prior written consent before doing so.

  1. I will sign and do and complete all documents and things that Mr Johnson requests of me in order to give effect and perfection to these undertakings AND I irrevocably authorise Mr Johnson by way of security as my attorney with full power of attorney to sign and to do and to complete whatever documents or things that Mr Johnson or his agents, successors or assigns think convenient for him in connection with these undertakings that I have today given to him in this document.

My address and contact details for all communications from Mr Johnson to me in connection with this resignation, apology and undertakings is as follows (and I will keep Mr Johnson informed of any changes of address and contact details until I have perfected my apology and delivered on these undertakings in full).

SIGNED SEALED AND DELIVERED by

the said ………………………………………….

(print full name – John Bowman)

of ………………………………………………..

(print full address)

………………………………………………..

………………………………………………………

(signature – John Bowman)

AND WITNESSED ON ….. October 2012 by

witness ………………………………………….

(print full name)

of ………………………………………………..

(print full address)

………………………………………………..

………………………………………………………

(signature of witness)

Mr Greg Garde

Justice of the Supreme Court of Victoria

210 William Street Melbourne Victoria 3000

President of Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

Hon Robert Clark

MLA for Box Hill, Attorney-General for Victoria

BY FACSIMILE: 03 9890 7180 | 03 8684 1100

(Telephone: 03 9890 6606 | 03 8684 1101)

Chief Justice Marilyn Warren

Supreme Court of Victoria

210 William Street Melbourne Victoria 3000

BY FACSIMILE:

(Telephone:

Mr Michael Macnamara

Head of List

Legal Practice List

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

BY FACSIMILE: 03 9628 9788

(Telephone: 03 9628 9081 )

Mr James Johnson

B.Ec (Hons). LLB. Mem CLA. Mem MEAA

Journalist. Whistleblower. Lawyer.

Independent Federal Candidate for Lalor

PO Box 6137 Point Cook Victoria Australia

BY HAND DELIVERY

Dear Hon Robert Clark, Chief Justice Warren and Gentlemen,

UNCONDITIONAL RESIGNATION AND APOLOGY AND UNDERTAKINGS

Resignation

I hereby tender my resignation as President of the Victorian Civil and Administrative Tribunal, and from government employ of any description, effective IMMEDIATELY.

I hereby tender my resignation as a Justice of the Supreme Court of Victoira, and from government employ of any description, effective IMMEDIATELY.

I acknowledge that I have been guilty of serious misconduct and legal unprofessionalism in conduct as a President of VCAT, sitting alone in hearings in VCAT Proceedings J134/2011 – Michael McGarvie – Legal Services Commissioner v Harold James Johnson.

I also acknowledge that as a former lecturer in Constitutional Law (sic) and Administrative Law at Melbourne University I should have refuse the conjoined offers of appointments as senior “non-judicial officer” of Victorian executive branch government agency Victorian Civil and Administrative Tribunal, and as “judicial officer” of the Supreme Court of Victoria as being unauthorised violations of the “separation of (judicial and non-judicial) powers” mandated by the separations of Chapters II and III of the Australian Constitution as applicable,as a matter of common sense and according to more than 105 years of consistent High Court of Australia legal precedent and authority.

Apology

I humbly and unconditionally apologise to Mr Johnson and to the people of Australia for the “rulings”,”orders”, “findings” and “laws” (collectively the “R-O-F-L”) that I made (but have today been fully quashed in VCAT) during the course of VCAT Proceedings J123/2011 which were wrongly brought (including for ulterior purposes) by Mr Michael McGarvie, Legal Services Commissioner against Mr Johnson.

This includes the R-O-F-L that I made in derelection of my duties as “non-judicial officer” of the State of Victoria and as “judicial officer” of the State of Victoria on 5 and or 8 October 2012, at a hearing that I should never have held on that date(s), in these proceedings that the Legal Services Commissioner should never have commenced, and that I have done my best to see that VCAT is today to rectify.

Undertakings

I acknowledge that as a consequence of my misconduct and unprofessionalism I am not a fit and proper person to be employed by the State of Victoria, or any where else in Australia, in any position of office under the Crown or government position whatsover.

I also acknowledge that as demonstrated by my misconduct and unprofessionalism I am not a fit and proper person to engage in legal professional practice in the State of Victoria or anywhere else in Australia or overseas. I undertake to cancel / not to apply for any certificate to practice law in Victoria or elsewhere in Australia or overseas without the prior written permissions of Mr Johnson and the Legal Services Commissioner and / or Chief Executive of the Legal Services Board (or their equivalents).

I acknowledge that I expect to face disciplinary proceedings from the Legal Services Commissioner (Mr Michael McGarvie’s successor to that position more likely than Mr McGarvie himself), as well as criminal prosecutions (for example under the Victorian Whistleblowers Protection Act 2001 and under sections 320 and 321 of the Victorian Crimes Act 1958.

I acknowledge that Mr Johnson has a valid and uncontestable legal claim for damages against me and my assets personally (as evidenced (for example) by sections 18 – 20 of the Whistleblowers Protection Act 2001) on account of the wrongs I have committed against him in connection with these VCAT Proceedings.

To expedite settlement of my legal obligations to compensate Mr Johnson and to perfect my apology I give Mr Johnson, his successors and assigns, the following undertakings:

  1. I undertake to discuss fully and frankly and to negotiate with Mr Johnson in accordance with the higherst standards of legality, civility and respect, and to compensate him and settle his claim against me without resort to judicial or administrative proceedings.

  1. I also undertake to inform and keep Mr Johnson informed at regular monthly intervals and at all times on demand, as to the full extent of my wealth, my assets, income available to me (including third party sources and shared assets and incomes) to satisfy my compensation obligations to him.

  1. I undertake to retain ownership and possession of all my wealth, my assets and my income (other than my income from VCAT that I surrender with my resignation).

  1. I undertake not to acquire any new assets or actual or contingent or any other kinds of liabilities or obligations affecting or contingently affecting my wealth or assets – unless I first have Mr Johnson’s prior written consent before doing so.

  1. I undertake not to do anything in the nature of disposing, or secluding or dealing in my assets (or aggravating or creating any new liabilities or encumberances that might attach to them) unless I first have Mr Johnson’s prior written consent before doing so.

  1. I will sign and do and complete all documents and things that Mr Johnson requests of me in order to give effect and perfection to these undertakings AND I irrevocably authorise Mr Johnson by way of security as my attorney with full power of attorney to sign and to do and to complete whatever documents or things that Mr Johnson or his agents, successors or assigns think convenient for him in connection with these undertakings that I have today given to him in this document.

 

My address and contact details for all communications from Mr Johnson to me in connection with this resignation, apology and undertakings is as follows (and I will keep Mr Johnson informed of any changes of address and contact details until I have perfected my apology and delivered on these undertakings in full).

SIGNED SEALED AND DELIVERED by

the said ………………………………………….

(print full name – Greg Garde)

of ………………………………………………..

(print full address)

………………………………………………..

………………………………………………………

(signature – Greg Garde)

AND WITNESSED ON ….. January 2013 by

witness ………………………………………….

(print full name)

of ………………………………………………..

(print full address)

………………………………………………..

………………………………………………………

(signature of witness)

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

ADMINISTRATIVE DIVISION

LEGAL PRACTICE LIST VCAT REFERENCE NO. J134/2011

CATCHWORDS

Legal Profession Act 2004; professional misconduct; unrepresented litigant who himself is a qualified legal practitioner; whistleblower; free speech; Constitutional right to make protected disclosures of alleged crimes, misconduct, corruption by legal practitioners, by judicial officers, by legal practitioners in public office; misconduct in public office; legal proceedings commenced for ulterior purposes; power of Legal Services Commissioners duties powers with respect to regulation of private legal affairs of registered legal practitioners; whether proceedings in Legal Practice List are civil or criminal proceedings; burden of proof in Legal Practice List matters; constitutional validity / invalidity of VCAT; VCAT Members purporting to exercise judicial and non-judicial powers,whether constitutional; “separation of powers”; “concentration of powers”; lawyerocracy; power of VCAT Members to exclude “prominent persons” from being summonsed to give give evidence and to produce records; whether Legal Services Commissioner must furnish evidence to VCAT or prove allegations, or simply making allegations without evidence is enough to enable findings of guilt against accused; whether charges against an accused must be intelligibly written so that accused can understand and identify evidence to rebut charges; sub judice – whether Legal Services Commissioner should; whether Legal Services Commissioner is obliged to comply with orders and rulings of the Supreme Court of Victoria or is free to disregard them; State Government Ombudsman’s Annual Report to Parliamment of 2009; Failure of Legal Services Commissioner to regulate conduct of litigation lawyers; Victoria’s “Less than 10% of Legal Services, Commissioner”; Is failure of Legal Services Commissioner to investigate allegations fatal to success of prosecution; criminal reprisals against whistleblower; rights of indigent unrepresented litigant, albeit holding legal qualifications entitled to legal aid funding, especially where reluctant to self-represent on account of negligble litigation training or experience; “across all of government” responsibilities of State government agencies to ensure and assist litigants to obtain legal aid funding and or independent legal aid representation; whether Legal Services Comissioner can prosecute legal practitioner for misconduct when same parties are party to Victorian Supreme Court proceedings; whether alleged misconduct by qualified legal practitioner in his private legal affairs (where originally independently represented) in federal judicial proceedings, where federal magistrate did not raise any concerns at hearing of any misconduct (professional or private) by the unrepresented legal practitioner gives rise to estoppel, objection to jurisdiction / objection or administration arguments; Anschun v Melbourne Port Authorrty; bona fides of Federal Magistrate making referal to Legal Services Comissioner against unrepresented litigant who holds qualifications to practice law, 6 months after hearing and 3 months after that litigant initiates Supreme Court of Victoria counterclaim and damages action against him; “Caeser versus Caeser” practice of self-assessing conflicts of interest by judicial officers; section 108 reconstitution / apprehended bias; whether Summary Offences Act processes apply strictly or under Attorney-General’s Model Litigant’s Guidelines (eg whether Legal Services Commissioner must file Application to prosecute legal services provider within 12 months of the date of the alleged offence becoming known; Victoria Legal Aid Act 1976; Whether Legal Services Board and Legal Services Commissioner are “Janus” authorities or bicephalous, whether actions of either of Legal Services Board estop actioins of the other; whether either of Legal Services Board or Legal Services Commissioner (or staff, including common staff) can appear in proceedings or exercise statutory powers or functions in place of the other; Whistleblowers Protection Act 2001; Crimes Act sections 320, 321; Charter of Human Rights and Responsiblities; Dietrich v Crown [1993] CLR; Johnson v Johnson [2000] CLR 1; ANU v GRE Insurance Limited: Flower and Hart (A Firm) v White Industries Limited; Protection of Whistleblowers; Responsibilities of State Government Ombudsman to investigate whistleblower complaints and to protect whistleblowers disclosing allegations of systematic misconduct and abuse by Legal Services Comissioner and staff; D’Orta-Ekenaike v Victoria Legal Aid and another [2005] CLR 448; J S Mitchell and Sons [2000]; Role of media and role of whistleblowers in holding government agencies such as Legal Services Commissioner, Legal Services Board, Victoria Legal Aid, Legal Practitioners Liability Committee accountable to the public and to their Responsible Minister, the Attorney-General for Victoria, malfeasances by Victorian State government regulatory authority, wether Legal Services Commissioner, government agency of State of Victoria might be declared in VCAT or in judicial proceedings as a vexatious litigant

APPLICANT

Michael McGarvie – Legal Services Commissioner

RESPONDENT

Harold James Johnson

WHERE HELD

Melbourne

BEFORE

Jonathan Smithers, Senior Member

HEARING TYPE

Hearing

DATE OF HEARING

12 December 2011, 24 February, 30 March, 17 May, 21 May, 6 July, 6 August, 14 August 2012, 3 September, 5 October 2012

DATE OF ORDER

5 October 2012

FINDINGS

  1. That the Tribunal has no “jurisdiction”, no administration and no powers (collectively, “no jurisdiction”) to entertain this Application.

  1. Mr Johnson is found not guilty on each and all three charges of professional misconduct.

  1. That Mr Johnson is a whistleblower with rights and protections under the Whistleblowers Protection Act 2001 and under the Charter of Human Rights and Responsiblities

  1. That the Applicant’s Application be dismissed for uncertainty of wording of alll three charges, want of evidence, want of prosecution, for being initiated out of time, and on basis of reasonable apprehensions of bias and ulteriour (illegitimate motives) on the parts of the Applicant and informants named in the Application but not produced to give evidence and be cross-examined in the proceeding.

  1. That on a prosecution alleging professional misconduct or possible criminal misconduct or corruption (ie “whistleblowing”) brought by way of a person (“whistleblower”) making reports of misconduct to relevant responsible agencies and authorities, the Applicant must investigate the allegations and produce evidence that disproves some or all of the truth, fairness, reasonableness, justifiableness, or excusableness of the allegations before findings of guilt can be made by the Tribunal.

  1. That on a prosecution alleging professional misconduct for “whistleblowing” the burden is on the Applicant to disprove the truth fairness, reasonablenes, justifiableness or excusableness of the accused and it is a burden that the Applicant must prove “beyond reasonable doubt” in order to secure a conviction.

  1. That the Applicant having 3 times prior to issuing the Application in VCAT against Mr Johnson considered the allegations against Mr Johnson contained in the Application and dismissed them (most recently in June 2009) the Applicant never had the power to issue the Application in VCAT in November 2011 that initiated these proceedings.

  1. That in all the circumstances, special circumstances exist to oblige the Applicant to pay “costs” to the Mr Johnson.

ORDERS

  1. That the Applicant’s Application is struck out.

  1. That (notwithstanding no jurisdiction) the Application is vexatious, frivolous and an abuse of process of the Tribunal.

  1. That (notwithstanding no jurisdiction and even on account of no jurisdiction) all previous orders made in this Tribunal on this Application are vacated.

  1. That (notwithstanding no jurisdiction) the Applicant is ordered to pay to Mr Johnson’s “costs” within 7 days of the date of these orders, being “costs” fixed by the Tribunal in the sum of $1,567,500.00 (one million five hundred and sixty seven thousand and five hundred dollars) by bank cheque and made payable to “Harold James Johnson”.

[Note: The said sum being calculated as the simple product of 57 weeks multiplied by 50% of $55,000 per week.]

  1. That (notwithstanding no jurisdiction) the Tribunal Orders that the Applicant must, in accordance with rulings previously made by the Supreme Court of Victoria in December 2008 and in February and September 2009 promptly investigate all of the complaints that Mr Johnson has made to the Legal Services Commissioner since May 2007 containing allegations of profesional misconduct by legal services providers, including but not limited to those complaints made by Mr Johnson that are listed in the correspondence sent by the Applicant to Mr Johnson earlier this year.

  1. That (nothwitstanding no jurisdiction as regards the Application brought against Mr Johnson) I order the Registrar of VCAT to send a copy of these Findings and Orders (and a full copy of Mr Johnson’s Address to Tribunal and supporting papers in support of his application for these Orders and a full copy of my Reasons for these Findings and Orders) to the Supreme Court of Victoria and to the Chairman of the Legal Services Board recommending to the Supreme Court of Victoria that Mr Keith Michael McGarvie’s name be removed from the roll of local practitioners, and recommending that the Legal Services Board cancel Michael Keith McGarvie’s pracising certificate and that no further practising certificate be able to be granted to Michael Keith McGarvie for a further period of a minimum of at least five years.

Jonathan Smithers

Senior Member

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One thought on “All the Attorney-General’s Men. Corrupt VCAT Show Trial J134/2011

  1. I wish you luck in your quest for true justice. Robert Clark does not deserve the title honorable as a person in his position should be going to all lengths necessary to ensure the judicary is free from corruption and my experience has found him lacking. My name is Marlene McBain-Miller and I am one of the many victims of our courts corruptly doctoring court recordings. No proper investigation into this matter was ever carried out by any government or judicial department it was reported to and there were many. It appears many of those placed in positions of honor and entrusted to ensure justice and protect the innocent seem to be lacking in the requirements necessary to carry out these responsibilities. I will continue my fight to stop the courts criminal act of doctoring court recordings and with God’s help it will be done. Again I wish you the best.

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