Wednesday, May 30, 2007

To protect the people Summary

As to add to our previous fax "The power to protect the people of Australia" 07/02/07 Which included a copy or our letter to the Attorney-General, Philip Ruddock, 5th February 2007, fine herewith copies of letters dated

5th February 2007 To The Attorney-General Philip Ruddock," The Act to Protect the people of Australia. Is the Australian Government obligated to protect the Australian, if so under what act if any"

1st of March 2007 To The Attorney-General Philip Ruddock, "It appears to us that Australian Government is not committed by legislation or under the Australian Constitution 1901 to Protect the Australian People

2nd April 2007 To Steve Gibbons Federal Member for Bendigo Re: Accountability of Government Departments "...we would greatly appreciated if you could bring to the attention of the Attorney-General The Hon Philip Ruddock that we have not, as yet received any response..."

13th April 2007 From the Attorney-General Philip Ruddock. referring to our two previous letters, "whether the "..whether the Australian Government is obligated to protect the Australian People"

26 April 2007 To Steve Gibbons MP We thank you for the time and effort ......As by way of courtesy please find enclosed .....copy of the Attorney-General response dates 13 April 2007"

17th April 2007 To The Attorney-General Philip Ruddock, Re: The Act, To Protect The People of Australia. acknowledge letter of 13 April 2007, "... "However it appears that you may have overlooked the main thrust of our previous correspondence".. " why the Australian Government is not obligated by legislation to protect it people... Something is wrong?

2nd May 2007 From the Attorney-General Philip Ruddock, to Steve Gibbons MP Federal Member for Bendigo which was received on the 7th May 2007 " I refer to your letter of 12 April 2007, ....Earlier correspondence raising constitutional issues." responded directly ..on the 13 April (copy enclosed)

9th May 2007 From Steve Gibbons MP Federal Member for Bendigo, With compliments,

Sunday, May 13, 2007

Black History Victoria 1803 -1856

1803 Lieut. Col. David Collins visits Port Philip, with a view of forming a settlement, he learns that the Dutch have vacated Van Diemans Land, set sail to take possession of such.

1805 Murrengurk, a big man, easily recognised and respected by various clan members thru-out the Port Philip District, Murrengurk, had set up camp around Port Fairy his ability to understand and communicate with visiting Whaler's needs. Murrengurk, attended a trading place, rum, tools, clothing and the comfort of women were in demand, this continued for some years, However Murrengurk, soon started to lose control with the visiting whalers, as woman were being raped, taken, others were being killed.

1825 Van Diemans land proclaimed a separate colony from N.S.W. George Arthur Lieutenant Governor of Van Diemans land
Murrengurk, over the years became deeply concerned with the situation, expressed to the tribal council, it would be far more of a benefit to the tribes, to let the Land for grazing sheep, to gentleman, of Van Diemans Land, as their laws protect women from being raped, taken away. Their laws protect your family from being shot and killed, After consideration the Elders approval, their trust had been granted..

Murrengurk, consulted, visiting whaler's, his terms agreements were laid out. Mr. J.H. Wedge, had elected to bring the terms agreement to the attention of any interested parties in Van Diemans Land.

1835 In Launceston, at the corner of Cimitiere and John Street, stood Mr. Connolly's store, a supper party had been arranged by Mr. Connolly's for a number of friends, being J.H.Wedge, W.G. Sams, John Robertson (of Hobart Town) John Sinclair (of Clairville)and John Batman who was then a settler near Avoca. Being made aware of the Terms Agreement It was agreed that Batman should cross the straits and make arrangements for settlement of the agreement A schooner was quickly charted, and John Batman as agent for the company "Port Phillip Association" to obtained from the natives a large tract of land suitable for grazing sheep.

The promoters of the undertaking were John Trice Gelibrand (former Attorney-General) Charles Swanston, M.L.C.,William Bannister (Sheriff), James Simpson (Police Magistrate), Henry Arthur (Collector of Customs), John and William Robertson (Merchants), John Hilder Wedge (surveyor) J.T. Collecat (Post Master), Anthony Cottrell (District Constable), William Gardiner Sams (under Sheriff), Micheal Connolly (Merchant), Major Mercer, John Sinclair (Superintendent of Convicts), and John Batman

Batman Sailed from Launceston on the 12th May 1835, in the Rebecca. a small vessel of fifteen tons. As arranged by Murrengurk, made his quarters at Indented Head,by using a small cannon, summoned Murrengurk, On 3rd June 1835. John Batman, and Murrengurk, sailed up the Yarra river, on Monday 8th June declared "This will be the place for a Village"

Batman's documents refers to presents (payment) of Twenty Pairs of Blankets, Thirty Tomahawks, One Hundred Knives, Fifty Pairs Scissors, Thirty Looking-Glasses, Two Hundred Handkerchiefs, Six Shirts and One Hundred Pounds of Flour, Plus The Yearly rent of Tribute of One hundred Pairs of Blankets,One Hundred Knives, One hundred Tomahawks, Fifty Suits of Clothing, Fifty looking-glasses, Fifty Pairs of Scissors, and Five Tons Flour.

The lease contract covered the tract of land running from the branch of the river at the top of the Port , about 7 miles from the mouth of the river, forty miles North East and from thence South South West , across Mount Vilaumaurnartar to Geelong Harbour, at the head of the same, containing about Five Hundred Thousand more or less Acres.
A document was signed on the banks of a creek on 16th June 1835, by two local Native's (William Barak father suggested as being one) and 5 Sydney Aborigine's (belonging to Batman's party) for the letting of land in the Port Philip District to Batman, Overseen by Murrengurk, as certain terms and conditions had been submitted by him, Murrengurk, was to be paid by the Port Phillip Association 50 pound per year as well as rations.

25th August 1835, Governor Arthur (via John Hilder Wedge), sent a written testimonial of thanks to Murrengurk for his services rendered. The next day

26th August 1835, Batman's contract raised both the transfer to a person rather than the Crown, and it's implicit recognition of Indigenous owner and occupation of the land. His Excellency Major General Sir Richard Bourke, ruled the contract invalid.

[See Proclamation 26th August 1835, Richard Bourke, No 3--411 copy annexed herewith (marked WB1)]

This document implemented the doctrine of Terra nullius upon which British settlement base, reinforcing the notion that the land belonged to no one prior to British Crown taking possession of it. Aboriginal people thereafter could not sell or assign the land, nor could an individual person acquire it, other than through distribution by the Crown.

Although many people at that time also recognised that the Aboriginal occupants had rights in the lands (as this was confirmed in a House of Commons report on Aboriginal relations in 1837) The Lawyers followed and almost always applied the principles expressed in Bourke's proclamation. This would not change until the Australian High Court's decision in the Mabo Case in 1992" ( Vic. Gov.)

1836, A very large force of hostile native land holders had form around the settlements, which now included amongst others, John Pasco Fawkner's party, concerns were raised that they would be attacked, and would have been, if heroic Murrengurk, had not intervened.

1836 10 October, Sir Richard Bourke instructed Police Magistrate, William Lonsdale, to employ Murrengurk, as interpreter and Constable, to receive a salary of 60 pounds and rations. Murrengurk, remained under Lonsdale employment for about 15 Months before he resigned. He could not carry out orders being detrimental to his native friends.

Murrengurk, had become quite distressed in the manner the Natives were being treated, they were now being disbursed, badly treated, hunted and their sacred fires extinguished.. W hen arguing with William Lonsdale, he would use Native jargon at great length. Murrengurk, continued to protest at the treatment of the Port Phillip Blacks. maintaining the signed contract, was for seasonal grazing of sheep and other stock. His wild outrage, led to William Lonsdale ordering him to be taken to Van Diemans Land,which they did.

1837 3rd February William Lonsdale wrote to Lord Glenelg, Secretary of State for the Colonies, "The site of the present settlement which Mr. Fawkner alludes to had been previously chosen by Mr. Batman. In March, Governor Richard Bourke, visited Port Philip and named Melbourne and Williamstown.

The Port Phillip Association were paid 40 Thousand pound, for their work and effort in relinquishing any interest in the contract. A new company was formed and land near Geelong was given in payment..

Batman on 21st March, 1837 request small land grant outside town limits, in his letter to Lord Glenelg, it states, "he is a native of this Colony and has resided in Van Diemans Land Fifteen years and beg to refer Your Lordship to the late Lieut-Governor Colonel Arthur for services he rendered to that Government at different periods." .. when employed by that Government to suppress the outrages of the Aborigines upon the settles,.."

On 28th April 1837, Sir Richard Bourke advises against Batman's application for land grant, Lord Glenelg, subsequently rejected Batman's request.

1837 20 July 1837 a letter was sent by J. P. Fawkner to Lord Glenelg, claims Batman lied to Government, He states "..that he (Batman) is unworthy to receive any rewards or favor, having fabrication of a false statement attempted to deceive His Majesty's Government

On January 1840 J. H.Wedge original member of the Port Phillip Association, wrote to Lord John Russell suggesting the establishment of deports for the supply of Aborigines, with food and clothing and that Murrengurk, be used as a channel of communication to explain the scheme to them, Wedge' suggestion was rejected.

On the 27th January 1840, Murrengurk, married widower Mrs Julia Eagers, a small framed lady who's husband was killed when making his way to Sydney.

1852, The Victorian executive add 40 pound a year to Murrengurk, pension.

1853 John Pascoe Fawkner,opposing Murrengurk petition for a pension

1856 Murrengurk, died, buried in unmarked grave in Tasmania,

Thursday, May 10, 2007

Steve Gibbons MP 02/04/07

Steve Gibbons MP
Federal Member for Bendigo
PO Box 338
BENDIGO 2nd April 2007

Dear Mr. Steve Gibbons

Re: Accountability of Government Departments

In regards to your open letter of 26th March 2007, which states "... constituents who may be experiencing difficulties with any Commonwealth Department..." this appears to be the situation we find at present.

I have enclosed a copy of our letters to the Attorney General The Hon.Philip Ruddock.dated-

5th February 2007 Re: The Act, To Protect The People of Australia requesting if we could be forwarded a copy of the relevant documents or advised as where the information can be obtained from.

1st March 2007 bring to his attention that we have not received any responce to our email and letter dated 5th February 2007

We don't wish to appear as being vindictive towards the Attorney General or his Department, as this is not the case. However, considering the time already elapsed, we are a little disappointed that the matter has not been addressed in a proper manner, as expected by the general public of Australia. "Accountability for all"

Surely a very simple request, or response are within the role, easy reach of the Attorney General and his Department heads.
.
As you are in much better position then ourselves, therefore we would be greatly appreciated if you could bring to the attention of the Attorney General The Hon.Philip Ruddock. that we have not, as yet, received any response to our correspondence.

We trust that you will attend to this matter at your earliest opportunity.

I thank you


Yours sincerely


Les McDonald
Founder
BeBuyBac

Steve Gibbons MP 26/04/06

Steve Gibbons MP
Federal Member for Bendigo
PO Box 338
BENDIGO 26th April 2007

Dear Mr. Steve Gibbons

Re: Accountability of Government Departments

Firstly, We thank for the time and effort you have shown in bring our concerns to the attention of the Attorney-General the Hon. Philip Ruddock, without you intervention, we have no doubt whatsoever, that the matter would still be in limbo. As by way of courtesy, please find enclosed herewith a copy of the Attorney-General response dated 13 April 2007.

We don't wish to appear as being cynical of the Attorney-General, as this is not the case, However, we are deeply concerned about the contents of his letter of reply, It appears to have over looked the main point of our correspondence, being nothing more then gobble gobble, after your perusal of the Attorney-General letter, you may well agree?.

Due to the growing unrest in our community, concerning, David Hicks and more recently the Bali Nine death sentence, We found need to again write Attorney-General the Hon. Philip Ruddock.on the 17th April 2007. also find enclosed is a copy of that letter for your personal consideration.

Over the last ten years or so we have wrote numinous letters to the government, unfortunately many have not been addressed in a proper manner, as expected by the citizens of this country. It's about time Ministers, the Government of Australia need to consider the meaning of Accountability for all.

Yours sincerely

Les McDonald
Founder
Bebuybac

Attorney General responce (S. Gibbons MP)

The following is a retyped letter from the

Attorney-General to Mr. Steve Gibbons MP_

Steve Gibbons MP
Federal Member for Bendigo 2 May 2007
PO Box 338
BENDIGO

Dear (Steve) Gibbons

I refer to your letter of the 12 April 2007 on behalf of your constitutional, Mr Les McDonald of Burkes Flat, regarding Mr. McDonald's earlier correspondence raising constitutional issues.

I responded directly to Mr McDonald in writing on 13 April (copy enclosed)


Yours sincerely

Signed

Philip Ruddock

Wednesday, May 9, 2007

The Premier NSW 13/02/06

The Premier, NSW
The Hon.Morris Iemma
Level 40 Governor Macquarie Tower
1 Farrer Place NSW 2000 13th February 2006

Dear Premier,

Re: Toughen cannabis laws

I write to bring to your attention to a letter/ fax we received from Mr. T. Darmenia of Lakemba, NSW, concerning the "ABC News Online" 03/02/2006. For you convenience and consideration, please find enclosed herewith a copy of such. Which states firstly:-

"New South Wales could soon have the harshest cannabis laws in the country, the State Government is rewriting the laws to increase penalties for possession and cultivation"

As it may of some interest and enlightenment, We offer the following, in brief form.

Three quarters of the way through the last century, the media raised the issue, that many high school and universities students were using "pot" cannabis. Parents, adults consumers of cannabis maintained that alcohol was far more dangerous and damaging to the Australian society, to themselfes and their children, then cannabis would ever be. Declaring that there has never been lethal overdoes of cannabis recorded world wide. This heralding the great Drug Debat.

In the early eighties, the state Governments had implemented laws, extremely harsh penalties applied for the possession, sales and cultivation of cannabis. In the attempt to curtail the ever growing public use of cannabis. As you will be well aware, cannabis consumption is still on the increase the year 2006.

Well meaning and well funded organisation, opposed to ending cannabis prohibition, relied on the USA for much of their research in to marijuana, "Reefer Madness" a documentary, shown and repeated several times on TV. others claim that cannabis use leads to Heroin use, which over the years has been proven to be no more then total myth. In fairness to all, based on our own research it warrants mention.

[The generations of cannabis users. "John" at that time absorbed much of the Governments warnings about the dangers of cannabis use, John's own experience suggested that the government may have got it wrong. Heroin was now starting to find it place in the Australian drug market. John believing that the Government mislead him over cannabis use, ignored the governments warnings on the effects of hard drugs, the dangers of heroin use, John now addicted to heroin, or is he dead?] Who's at fault?

Prohibition has created an unnecessary mental health risk to many Australians, as organic grown cannabis is now only a small part of the commercial market. 1990 hydroponicly grown chemically enhanced ( nitrogen ) adulterated cannabis holds the major share of the market. Many mature cannabis users complained that the hydro grown cannabis, made them feel quite ill the next morning, others maintained hydroponicly grown cannabis caused a form of psychosis, The prevailing generation of cannabis consumers know no little difference between the two, as organic cannabis is now a thing of the past. Who's responsible

New South Wales and the Victorian Governments are concerned about the health and welfare of the people they represent, the high rising cost of cannabis prohibition, We feel sharing of information and research into drugs would benefit both governments, I am sure both governments would agree. Therefor we also offer the following for consideration.

1995 The Jeff Kennett Government, implemented ways to tackle the problem of drug abuse in our community, forming of the Premier's Drug Advisory Council, Chairman, Professor David Penington, presented its report "Drugs and Our Community" to the Government in March 1996.

31st May 1996, As both houses of the Victorian Parliament assembled, an historic moment itself, to note the reports of the Premier's Drug Advisory Council, The Government and Opposition accepted the broad thrust of the report. Subsequently, it was not passed in full, only after recommendations 7.1 to 7.5 had been deleted that it gained support.

We need not illustrate the public unrest when hundreds of thousands of cannabis consumers in Victoria (we assume higher in NSW) learnt the most impotent recommendations had been deleted being;-

7.1 Use and possession of small amounts of marijuana should no longer be an offence. "small quantity" should be defined as no more then 25 grams (half the amount currently specified in the ACT )
7.2 Cultivation of up to five cannabis plants per household for personal use should no longer be an offence.
7.3 Sale of Marijuana should remain an offence. Sale of small quantities by an adult to an adult should incur a caution delivered by Victorian Police for a first offence with an adjourned bond the preferred penalty for a second offence. maximum penalties for sale to young people should be maintained at present levels; up to 25 years gaol and a $250,000 fine for quantities above 100 Kilos and up to 15 years and/or a $100.000 fine for amounts between 25 grams and 100 kilos.
7.4 Legislation of Summary Offences Act 1966 should be reviewed to ensure offensive behaviour under the influence of marijuana can be dealt with by police. Similarly, local government should establish by-laws that restrict consumption in public places.
7.5. Legislation should be introduced to expunge all recorded convictions for possession of and use of small quantities of marijuana

We point out the above recommendations 7.2 is the current legislation requirements for residence living in the ACT, designed to reduce the large scale cultivation of cannabis, to curtail the profits of the so called Mr .Bigs, in the cannabis trade, and as to lift the unnecessary burden on the people of the ACT.

As you are responsible for all Ministers of the NSW Government. We humbly ask on behalf of our member Mr. T. Darmenia, if you could bring to the attention of NSW Parliament, the urgent need to review and consider the ACT current legislation concerning cannabis, and recommend to Parliament to adopting similar legislation for the people of NSW .

Yours sincerely,
Les McDonald