Sunday, November 30, 2008

"U" be the judge " Chief Magisratre 27/11/08

Letter from Magistrates Court Victoria 17/11/08 received 1st December 2008

Mr McDonald
address

Dear Mr. McDonald

Case Number X0034105

I acknowledge receipt of your letter dated 24 November 2008 and received by me in chambers on 25 November 2008

I have referred your request to the Court's administration who will investigate this matter and respond to your concerns in due course.

Yours faithfully
signed
Ian L. Gray
Chief Magistrate

cc. Mr. Rob Challis, Team Leader. CEO Office MCV

Saturday, November 22, 2008

"U" be the judge " Chief Magisratre 24/11/08

Chief Magistrate
Melbourne Magistrates' Court
233 William Street,
GPO Box 882G, Melbourne, 3001 24th November 2008

Dear Chief Magistrate Ian L Gray

I write to bring to your attention the dissatisfaction experience with the Magistrates Court Horsham. (Re; Case No X00340105)

I have been advised that all person (including aboriginals) can obtain a copy of the audio recording concerning their matter in the Magistrates Court, I assume this is still the case today.

Shortly after the hearing I forwarded the application form requesting a copy of the audio recording, heard at the Horsham Magistrates' Court heard on the 16 October 2008. (Copy of "Advice Of Hearing Date" enclosed herewith) which at this date yet I still have not received.

The matter was marked down for Case Conference hearing at the Ballarat County Court on the 18th November 2008, Which I attended, at the beginning I was handed a "Transcript" Defence Copy, relating the hearing at Horsham Magistrates Court as above. For your convenience, I have also enclosed herewith. copy of the CD label

I find it very strange if not quite disturbing, that Transcript reads "County Court" and not The Horsham Magistrates Court, and plus many parts that may be relevant to my defence have been overlooked in this Transcript Copy. What is going on!

As the matter is still in process, I ask if you can inquire the reason why I have not been given a true and complete copy of the Audio Recording of the Magistrates Court Hearing, or inform me who I can now obtain such copy.

I only ask for a fair a Just Go


Yours faithfully


Les McDonald

Wednesday, November 19, 2008

"U" be the judge " County Court Ballarat 17/11/08

Filed with the OPP 18 November 2008

Ballarat County Court

Case Conference 18/11/08

Case No. X00340105 and File No CR-08-01796.

Informant.... S.C. Micheal Hobson

Defendant.... Leslie Enrest McDonald the Defendant

I Leslie Ernest McDonald the Defendant here by states that

This matter started on the:-

8th April 2008 Mention at the Maryborough Magistates' Court, I file my defence with the Court on the 3rd April 2008, which raised the question of Court Jurisdiction over the Aboriginal people of Victoria. I maintain the Magistrate erred when ordering the case to St Arnaud Magistrates Court. which he set aside 2 hours to address the Jurisdiction matter.

11 April 2008 Letter to Chief Magistrates, "I ask has St Arnaud Magistrates Court power to hear the issues regarding "Jurisdiction of the Victorian Parliament , has over the Aboriginal people of Victoria" Copy marked (LMD 1).

13 May 2008 Letter from the Chief Magistrate Ian L. Gray, "I note ... I will not change change the contest mention venue at this late stage. To do so now would cause further delay"
16 April 2008 Copy marked (LMD 2)

16 May 2008 Letter to Chief Magistrate Ian L Gray, " I have been advised that if the matter before the Court raised The Courts Jurisdiction it must and can only be addressed by a higher Court then the Magistrates Court, I ask is the advise I received correct or not" Copy marked (LMD 3)

19 May 2008 Letter from Chief Magistrate Ian L. Gray Secondly, in relation to your question about jurisdiction. "over the Aboriginal people of Victoria" I advise that if you wish to raise a jurisdiction objection to the prosecution, you will have to formally advise the magistrate of the precise nature of the objection at the contest mention on the 22 May" Copy marked (LMD 4)

22 May 2008 Contest Mention at St Arnaud Magistrates' Court, Magistrate Mr Capell, was disapointed that I had raised my concerns with the Chief Magistrate, the question of the courts jurisdiction over the aboriginal people should be to a higher court made, resulted it the matter to be heard at the Horsham Magistrates Court . The informant was not present.
.
13 August 2008 Committal Mention at Horsham Magistrates' Court, Prior conference with, Ms Raeleene Maxwell (OPP) after perusing the documented evidence, requested my consent for the matter to be adjourned as she could not answers the matter of Jurisdiction .Subsequently no ruling was made on the jurisdiction question by Magistrate

8th October 2008 Letter to OPP "Thirdly I have also enclosed herewith, a copy, of Sruntiny of Acts and Regulations Committee Executive Officer Helen M Mason, dated 26 August 1996, Which demonstrates the fact that the Victoria Government has no legislated Act, to make laws order and good government for the Indigenous People of Victoria.

Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would appreciated if you could forward copies of such at your most earliest moment" Copy marked (LMD 5)

16 October 2008 Committal Horsham Magistrates' Court Magistrate Mr Capall, he inquired if the jurisdiction question had been addressed prior by Magistrate Merkel, he was assured that it had been addressed. Mr Capell pointed out the great distance for witness Ms Kylie Slattery travel, in respect to the court, I agreed to Tele link.

It is very disturbing that as yet the Office of Public Prosecution has not or can not as yet forward any documented evidence that gives the Victoria Government the power to make laws for peace, order and good Government for the Aboriginal people of Victoria, being one the main bases of my defence.

Note the Victorian Constitution 1855 or 1975 makes no reference to the Aboriginal people, and their for has no meaning or standing with in the Aboriginal community.

It would be total unreasonable for Magistrates or Judges to only assume Parliament, and the Courts have jurisdiction over the Aboriginal people of Victoria. Accountability is now a must.

I humble ask this Court to order the Office of Public Prosecution to forward any documentation or evidence that gives the Victorian Parliament the legislated power to make laws for peace order and good government of the Aboriginal people of Victoria.


This ends the Statement of the Defendant Leslie Ernest McDonald Chief Lore Officer, Aboriginal Embassy Victoria,

Date 17th November 2008

"U" be The Judge OPP letter 12/11/08

Letter from Office of Publis Prosecutions received 17th November 2008,

Mr. Leslie McDonald
Address

Dear Sir,

Re; The Queen v Leslie Ernest McDonald

Please find following, by wat of service the case conference summart in relation to the abovenamed matter. This matter in next listed for a case conference hearing at the Ballarat County Court on the 18th November 2008

Yours faithfully

signed

Andrew Steven
Circuit Section-Western Region.

Crown summary for Case Conference

Out line of Crown Case

Saturday, November 15, 2008

"U" be the judge " County Court 12/11/08

Magistrates' Court Of Victoria
County Court Registrar
Ballarat Magistrates' Court
100 Grenville Street South

12 Novemer 2008 (received 14/11/08)

Les McDonald (Address)

Dear Mr. McDonald

RE: case conference 18/11/08

I refer to your criminal charges, which are listed for case conference on 18th November. Please be advised that you will need to attened before 11am before the:

Ballarat County Court
100 Grenville Street South
Ballarat Vic.

If you have any queries feel free to contact me on the details provided above

Yours sincerely

James Taylor
County Court

Monday, November 3, 2008

"U" be the Judge, Ballarat County Court received 03/11/08

Letter from magistrate's Court Ballarat, Stephen Merback Senior Registrar dated 31 October 2008

Les McDonald,
Address

Dear Mr. McDonald

I have received a request for tan script from you re a committal hearing at Horsahm on 16/10/2008.

We cannot provide a copy of the recording.

Committals are transcribed by VGRS, you will receive a transcript of the hearing when it is produced.

Yours sincerely
signed
Stephen Merbach
Senior Registrar

Advocate, The Defendant requested a copy of Digital recording as previously obtained during this court matter, as all defendants are entitled to obtain Digital recording from the Magistrate's Courts, Based on past experience, court typed transcript, can leave out relevant issues that the defendant relies on in his defence. The defendant may also need the Digital recording, as to support his concerns regarding the threatening manner of the magistrate, The Magistrates Court Act, does say the the defendant can obtain Digital recording of the hearing, up till last month this was the case, We trust that this has not also be change since the beging of this case.

Saturday, October 25, 2008

"U" be the Judge to Registrars Court 27/10/08

Registrar’s Officer
Ballarat County Court Re:- Case Number X00340105
100 Grenville St
Ballarat 3350 27th October 2008

Dear Sir/Madam

I have your letter of the 20 October 2008, which raised the issue that your records disclosed that I am have no legal representation, by way of respect and courtesy to the Court, I offer in concise form the following explanation.

December 1979 I attended my solicitors office, present were a well known land developer, and the person that recommended the legal firm to me, Shortly after my solicitor informed me that he will take every thing that I had, and their was nothing I could do about it, Nothing he shouted nothing you can do will stop us.Arrogantly claiming that the (mick) Judges were stupid. The three would break into a foreign language, then claiming that "We run this country not the Government" .."wait till the year after 2000 you will see how good we are" after about twenty minutes of this abuse, I shook hands, and said to them well go for it then.

It is still unclear to myself as to what party was meant by "We run this country not the Government" was it referring the Legal Profession, or foreign organisation, whose main aim may not necessary rest in the best interest of the Australian people.

As I was deeply concerned about these threats made, by way of precaution by September 1980, I had raised my concerns with the appropriate authorities, including the Law Institute and Corporate Affairs, as my family companies Brogil Enterprises Pty. Ltd and Kamball Enterprises Pty Ltd had asset's, real estate of substantial value.

As a conspiracy to fraud began to appear implicating my solicitor and my business consultant I found need to engage another firm of solicitors, after a short time it was obvious that this solicitors had joined the others in the conspiracy, as yet another property had been removed for from my estate. Once again I engaged a new law firm to take action and act on my behalf. I need not express my disappointment in his conduct , as yet another property Parma House Hepburn Springs was removed from my dwindling estate.

Endeavouring to clarify things, I attended the office of the former Attorney-General Jim Kennan, he informed me he was aware of the situation, but the Government had little control over the matter at present and was trying to rectify the cause of the problem. I also raised my concerns with Liberal Attorney-General, Jan Wade, Later the Lay Observer Jan King. During 1993 was the last time that I engaged a member of the Victoria Legal profession, subsequently his performance confirmed the legal vendetta against myself continued.

I realised that there are many Legal firms in Victoria that act in their clients best interest in an open and honest way, I humbly apologise to any Legal firm or members of the Judicial system of Victorian that I may have offended over the last twenty years or so. I trust the above will satisfy Court as to show cause and reason why I have no Legal representation in the current matter before the Courts.

Yours sincerely, Les McDonald Defendant

Thursday, October 23, 2008

"U" be the Judge Ballarat County Court received 22/10/08

COUNTY COURT OF VICTORIA, Ballarat County Court.

Leslie Earnest MCDonald
address

CROWN v Leslie MCDONALD

You have a case awaiting hearing in the County Court. Our records disclose that you are not legally represented.

You are required to attend, or telephone this office within five(5)working days of the date of this letter, in order to determine what steps you have taken to obtain legal representation.

If you do not attend or contact this office within (5) working days of the date of this letter, you will be required to attend before a Judge to answer the same questions.

If you have legal representation, please nortify this court immediately.

yours faithfully

signed

Fore registrar /Director
Criminal Trial Listing Directorate.

To the Director of Public Prosecutions 24/10/08

Office of Public Prosecutions Re:Case No. X00340105
Ms.RaeleeneMaxwell 24th October 2008 565 Lonsdale St
Melbourne VIC 3000

Dear Ms Raeleene Maxwell,or Concened,

In compliance with the Courts "Notice Of Provisions With Respect To Alibi"

Re: My alibi, The Cause and Reason for violating the Drugs Poison and Substance Act,

To Charge 1 Re- The property McIntyre Road Burkes Flat Was done in the best interest, .future health, and welfare of the people of Victoria, as to lift the unnecessary burden placed on the people of Victoria. Confirmation, as evidence of this contained in the defendant file and placed with Magistrates Court Marybrough April 3rd 2008

To Charge 2. Re:- The property Moliagul Djadja Wrung Land, Instigated by way of protecting the Aboriginal peoples Lore, rights, health and well-being. The Victoria Government is well aware the Indoor hydroponics grown cannabis is causing mental health risk to the Aboriginal People of Victoria, Confirmation, contained in the defendants file, submitted with the Horsham Magistrate Court 16 October 2008. also copy to The OPP officer.

To Charge 3 The defendant admits that he used cannabis around September 2007 when In South Australia , Based on thirty years research and experience, the defendant believes that It's far better for many citizens to use cannabis, rather then suffer the trauma alcohol inflicts oneself, the family and the wider community of Victoria.

This Ends of the Defendants Alibi Statement and to best of my knowledge I am willing swear under oath is true and correct.

Dated 24 October 2008

signed the Defendant Les McDonald -----------------------------------------

Part 2
I also take this opportunity to bring to your attention that I have not as yet, received the documents or evidence, (as in my letter dated 8th October 2008) which contradicts the advice of the Scrutiny of Acts and Regulations Committee. (1996). I was assured that it would be forthcoming in the near future, by your officer on the 13 August 2008.

Considering the time now passed, I would be grateful if you could forwarded copies of such. if any, at your earliest moment as the matter is now most urgent, being bases of my defence.

I thank you

Les McDonald

"U" be the Judge Court Notice received 20/10/08

Notice of Provisions with respect to Alib1

IN THE MATTER of an information for an Offence WHEREIN

theInformant is HOBSON, MICHALE ASHLEY (UNI- INGLEWOOD)
and
the Defendant MCDONALD, LESLIE,EARNEST

Description of Charges
1.CULTIVATE NORCOTIC PLANT-CANNABIS
2.CULTIVATE NORCOTIC PLANT-CANNABIS

TO THE ABOVENAMED DEFENDANT:

TAKE NOTICE that under the provisions of Section 399A of the Crimes Act 1958 an accused person who has bee committed for trial is not entitled at his trial, without leave of the Court, to establish an alibi unless he gives notice of particulars of the alibi either during or at the end of the committal proceedings or to the state director ofthe Public Prosecutions with in ten days after his committal. A copy of the said Section is attached to this notice (to be continued) dated 16/10/2008

Sunday, October 19, 2008

Letter to Peter Walsh MP

The following is to my local MP. I find it very disturbing that the court system in Victoria, has removed the peoples rights, by way stealth, It would assist if you could forward on to any person that are concerned about this matter or this country,

Thanks Les

Peter Walsh MP

Deputy Leader Of The Nationals 20 October 2008
274 Campbell St
Swan Hill 3585

Dear Mr. Peter Walsh

Re: Accountability of Government Departments & Loss of Human Rights

I write as it now appears that Victorian Government, is to far removed from protecting the people rights, and is under the control or influence of private professional Club. I ask you to consider the following:-

Firstly Please find enclosed herewith copies of letters dated:-

1st July 2008 to the Attorney-General Rob Hulls requesting the to clarify to two legal issues. Submitted the public best interest. (note enclosures not included)

13th August 2008 From and on behalf of the Attorney-General Rob Hulls, "These matters you raised are legal issues, neither the Attorney-General nor any public servant can provide you with legal advice about your matter."

It is very disturbing to now learn that the Victorian public can not get the simple answers to legal issues raised, by the Attorney-General or any public servant. Surely, the Attorney-General has a duty to the people of Victoria.

Secondly It has been brought to our attention that changes to Criminal Procedure Legislation Amendment Act 2008, has taken away the rights of the Citizens of Victoria when appearing before the Courts in "Reserving Pleas" It is very disappointing that the general public of Victoria were not widely consulted on the changes (Assented to 18 March 2008) considering the affect these changes will have on so many people lives.

I ask if you could please bring to the Attorney-General attention the great disappointment felt, in the performance shown by his office, by failing to answer legal issues in a reasonable and proper manner and as expected by general public of Victoria. Considering the public at most times only need to clarify legal issues when the matters are before the Court.

As to the second matter raised, I ask, Were the people of Victoria make aware of the Courts actions changes that removed their rights to "reserve their plea" when facing Courts. No doubt! Victorians loss of human rights. I am sure you will agree.

I thank you.
Yours sincerely, Les McDonald

P.s For further concerns regarding the power of the legal profession holds, please refer to our the letter to you dated 22 July 2006.

Friday, October 17, 2008

Court Day 18 October 2008 Horsham "U" be the Judge

The following placed on the defendant court file on Thursday 16th October 2008, including all correspondence (in full) marked 1 to 18, unfortunately during this hearing the defendant was advised that the Magistrates Court Act 1989 had been amended, which had affected the defendants defence, New laws regarding the Victorian Constitution Act 1975, may also hinder the defence. It was pointed that these changers to the court Act were made some time after the beginning of this matter, His Hon. said that makes no difference the New amendments are now in force.

Magistrates Court Horsham 22 Roberts Ave
Horsham 3400

Dear Clerk /Coordinator of Courts

Re: Case No. X00340105, Listed 16 October 2008,

Informant: Micheal A. Hobson

Defendant Leslie E McDonald

Charge 1. The Defendant at Burkes Flat on 30/01/08 did cultivate a narcotic plant, namely cannabis.

The Defendant reserves his plea on this charge,

Charge 2. The Defendant at Moliagul Flat on 30/01/08 did cultivate a narcotic plant, namely cannabis.

The Defendant request the Court to clarify the Jurisdiction of the Courts, over the Aboriginal People of Victoria,

Charge 3. The Defendant at Burkes Flat on September 2007 did use a drug of dependence namely cannabis

The Defendant admits that he used Cannabis in September 2007, when staying in South Australia, at that time,

As to assist the Court please find enclosed herewith relating to the issues of Jurisdiction over the Aboriginal people of Victoria

Documents and letters submitted be the Defendant, relevant to this matter, Number 1 to 18 which the Defendant is willing to swear on oath are to true and correct copies



Les McDonald ----------------------------------------


The following list of Documents and Letters in support of the Defendant


1994 Senior citizens raised and brought to the attention AEV, that in door grown cannabis had caused, them problems after using, Them had used cannabis regally of some years. and believed it was the Chemicals used when growing, it was noted.

1996 The Kennett Government, had formed The Premiers Drug Advisory Council. Chairman Professor David Peninton table his report on the 13th May, However the Government rejected recommendation 7.1 to 7.5 of the report. It appeared that the Government was more concerned about lawyers wealth then the peoples health, Considering over 10 $ Million is paid out each year by Victorian legal Aid legal defending cannabis users that Plead Guilty. (1)

6th August 1996 AEV to Scrutiny of Acts and Regulations Committee, "I write to request a copy of the "Current Act" the gave the Victorian Government power to make laws for peace order and good government for the Indigenous people. " (2)

26 August 1996 from the Scrutiny of Acts and Regulations Committee, to Les McDonald Chief Justice, Aboriginal Embassy Victoria, " I am unaware of any Act which gives the Victorian Government the Power to make laws for peace, order and good government for indigenous people. Signed Helen M. Mason Executive Officer ." (3)

2000. Organic grow Cannabis had almost extinct, Man adulterated Hydroponics grown cannabis had taken over, again Man had altered what the creator had provided, At this time many adults were reporting some mental effect after use, (which still is the case today), It was decided that the recommendation 7.1 and &.2 of Professor David Peninton report. be adopted to protect the mental well-being of our people, the Aboriginal people of Victoria.

8th June 2005, Media release from the Minister for Aboriginal Affairs, Gavin Jennings, read as "From July 1 ATSIC regional councils end and there will be no formal representative structure in Victorian for Government to hear views of Indigenous People" (4)

20th February 2006 to The Premier of Victoria Steve Bracks, bringing to his attention, the current laws has inflicted an unnecessary tax on the people , mentally, physical and financially, The laws surrounding cannabis use, possession and cultivation do not support our present community needs and demands. and requesting to amend the Drugs Poisons and controlled substance Act 1981 (5)

13th November 2007 Aboriginal Advancement League "In the early nineties, we made it know to both Federal and State Governments, our concerns regarding the health risk associated with smoking cannabis that had been grown indoors, chemical enhanced, adulterated cannabis may cause a form of psychosis" (6)

4th December 2007 AEV found need to inform all know Aboriginal organization, that "The only way that we can remove the health risk facing our people, and the logical way is to change the current State Laws.." (7) :

1st January 2008 Charter of Human Rights and Responsibilities Act 2006 Act No. 43/2006 had came into affect, this is the first Act in Victoria (in part) Aboriginal persons hold distinct cultural rights and must not be denied the right, and to maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs.
31st January 2008 To Lieutenant Governor of Victoria Chief Justice Mariln Warren, Notice, with in the Aboriginal People of Victoria . Signed Beryl Booth Ambassador (8)

5th February 2008 From in reply on behalf Lieutenant Governor of Victoria Chief Justice Mariln Warren, On behalf of the Chief Justice I thank you for your letter of 31 January 2008. signed Viveenne Macgillivary Executive Associate to the Chief Justice (9)

12th February 2008 AEV to Minister for Mental Health Ms. Lisa May Neville, Considering the State of Victoria, has no proper legislated power to make laws for the Aboriginal People of Victoria" ".. the Department of Health had been made aware in 1996 that hydroponics grown cannabis may cause some mental harm to some users of Cannabis." Knowingly causing and aiding a mental health risk on the Aboriginal people of Victoria " (10)

14th February 2008 in reply from Minister for Mental Health Ms. Lisa May Neville, "your letter is currently under consideration and a response will be forthcoming shortly. (11)

1st April 2008 AEV To Senior Constable Micheal Hobson, (7 enclosures) Considering the contents of the .. Which leaves open to question the Jurisdiction of the Courts in Victoria. Which I feel must be clarified in the first instance. (12)

8th April 2008 Marybrough Magistrates Court Informant Micheal Hobson, Defendant Les McDonald founder of bebuybac the Concerned Australians, Chief Lore Officer Aboriginal Embassy Victoria. In answer to Charge 1. the Defendant reserves his plea on this, Charge 2. The Defendant request the Court to clarify the Jurisdiction of the Courts over the Aboriginal People of Victoria. Charge 3. The Defendant admits that he used Cannabis in September 2007, when staying in South Australia. (13)

1st July To the Attorney-General Rob Hulls, Re Court Jurisdiction, 1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal people of Victoria, 2. if the Courts Jurisdiction is question in the Magistrates Court, should the matter then be transferred to the Supreme Court of Victoria to address the Jurisdiction issue. (14)

21st July 2008 To Minister for Mental Health Ms. Lisa May Neville. "Letter of 12 February 2008 , which raised the doubt over the Victorian Parliament/Government powers to make laws for the indigenous people of Victoria" (15)

3rd August 2008 To the Attorney-General Rob Hulls, Re Court Jurisdiction, I write to bring to your attention that as yet I have not received any response to the urgent issues raised in my letter date July 2008. As this matter is most urgent and of growing public interest , It would be greatly appreciated if you attend to the matters raised at your earliest opportunity. (16)

13th August 2008 From Department of Justice on behalf of Attorney-General Rob Hulls... "Matters you raise are legal issues; neither the Attorney-General nor any public servant can provide you with legal advice about your matter" (17)

Charter of Human Rights and Responsibilities Act 2006 No. 43 of 2006 (18)



Charter of Human Rights and Responsibilities Act 2006 No. 43 of 2006

Division 3—Interpretation of laws
32 Interpretation
(1) So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.

(2) International law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision.

(3) This section does not affect the validity of—
(a) an Act or provision of an Act that is incompatible with a human right; or
(b) a subordinate instrument or provision of a subordinate instrument that is incompatible with a human right and is empowered to be so by the Act under which it is made.

33 Referral to Supreme Court
(1) If, in a proceeding before a court or tribunal, a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter, that question may be referred to the Supreme Court if—
(a) a party has made an application for referral; and

(b) the court or tribunal considers that the question is appropriate for determination by the Supreme Court.

(2) If a question has been referred to the Supreme Court under subsection (1), the court or tribunal referring the question must not—

(a) make a determination to which the question is relevant while the referral is pending; or

(b) proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question.

(3) If a question is referred under subsection (1) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal.

(4) Despite anything contained in any other Act, if a question arises of a kind referred to in subsection (1), that question may only be referred to the Supreme Court in accordance with this section.

34 Attorney-General's right to intervene
s. 34
(1) The Attorney-General may intervene in, and may be joined as a party to, any proceeding before any court or tribunal in which a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter.

(2) If the Attorney-General intervenes in a proceeding under this section, then, for the purpose of the institution and prosecution of an appeal from an order made in that proceeding, the Attorney-General may be taken to be a party to the proceeding.

Wednesday, October 8, 2008

Letter to OPP (08/10/08

Office of Public Prosurcutions
Ms.Raeleene Maxwell
565 Lonsdale 8th October 2008
Melbourne VIC 3000

Dear Ms Raeleene Maxwell Re:Case No. X00340105

I write to bring to you attention a number of issue concerning this matter:-

Firstly, I received the Statement by M. A. Casley Senior Constable, plus photos, which. I thank you for.

Secondly, To make you aware that I have been disadvantaged by an error of judgement made at the Marybrough Court on the 8th April 2008, As the Magistrate may have erred in this ruling, as I reside closer to Marybrough and the Moligul property is where more major offence occurred. For your convenience I have enclosed copies of letter "complaint" dated:-

16Th July 2008 To Senior Registrar Stephen Merbach Ballarat, which highlights my reason for concern.

I feel aggrieved by the action of the Magistrate at the Marybrough Magistrates' Court on the 8th April 2008, and at the St. Arnaud Magistrates Court. 22 May 2008. I trust that any further matters are dealt with in the appropriate Ballarat Court. not the Horsham Courts.

As you are aware of my position and role with in the Aboriginal community, I only ask to be given the same opportunity and courtesy given to others in our community, and as expected by the general public of Victoria.

Thirdly I have also enclosed herewith, a copy, of Sruntiny of Acts and Regulations Committee Executive Officer Helen M Mason, dated 26 August 1996 Which demonstrates the fact that the Victoria Government has no legislated Act, to make laws order and good government for the Indigenous People of Victoria. I note that Victorian Constitution Act 1975 No. 88750 does not mention the Aboriginal People at all.

Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would be appreciated if you could forward copies of such at your most earliest moment.


Yours sincerely
Les McDonald

Sunday, August 24, 2008

CHCommunity Legal centre 25/08/08

Central Highlands Community Legal Centre
Lisa Buckland Monday 25th August 2008
34 Victoria Street
Ballarat

Dear Ms Lisa Buckland,

I thank you for your E-mail 19th August 2008, and appreciate that it may not be appropriate to deal with the issues by E-mail. Considering the great distance and difficulties of transport to attend your office. I again put in writing the two legal issues that need to be addressed.

As I have been advised on behalf of the Attorney-General the Hon. Rob Hulls that CHCLC will be able to clarify the following issue.

1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal People of Victoria, Considering that The Victorian Constitution Act 1975 does not mention the Aboriginal race of Victoria .

2. If the Courts Jurisdiction is question in the Magistrates Court , should the matter then be transferred to The Supreme Court of Victoria, to address the Jurisdiction issue.

As the matter is most urgent and of pubic interest it would be appreciated if you could address the issues at your earliest moment
I thank you
Les McDonald,
Address

CH Community Legal Centre

Dear Les

Thank you for your email. CHCLC is not able to give legal advice via email. If you would like to call the Centre and make an appointment regarding these questions please do so on 5331 5999. Alternatively you could call the Aboriginal & Torres Strait Islander Legal Service on 1800 105 303.

Regards

Lisa Buckland
Administration Team Leader
Central Highlands Community Legal Centre

Advocate, How many times and how many departments amd legal bodies does it take to get an answer to two very simple question. these question are listed in this post.

Monday, August 18, 2008

Jurisdiction Attorney-General Rob Hulls 13/08/08

From the Department of Justice, Office of the Executive Director,Courts Onbehalf of Attorney-General Rob Hulls dated 13 August 2008 received 18/08/08

Addressed

Dear Mr. McDonald

Courts Jurisdiction

Thank you for your letter dated 1 July 2008 addressed to the Hon.Rob Hulls MP, Attorney-General. He has requested that I respond on his behalf.

You have requested that the Attorney-General clarify the following issues:

1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal people of Victoria, considering that the Victoria Constitution Act 1975 does not mention the Aboriginal race of Victoria

2. If the Court jurisdiction is question in the Magistrates Court,should the matter then be transferred to the Supreme Court of Victoria, to address the jurisdiction issue.

I note that vyou currenly have a matter before the Magistrates' Court.

The matters you raised are legal issues; neither the Attorney-General nor any public servant can provide you with legal advice about your mater.

May I suggest you contact one the Following agencies to seek legal advice and assistance.

Victorian Aboriginal Legal Service (Fax as to 18/08/08)
Central Highlands Community Centre (Fax as to 18/08/08)
Victorian Legal Aid

JOHN GRIFFIN PSM
Executive Director, Courts

"U" be the judge " Court advice 13/08/08

Horsham Magistrates' Court dated 13/08/08 received 14/08/08

Advice of hearing

INFORMANT : MICHEAL A HOBSON (VPOL) (UN-inglewood)

DEFENBANT : Leslie E McDonald

The case against the abovementioned defendant has been adjourned from 13/8/2008

The Case is now listed for COMMITTAL on the 16/10/2008 at 10;00 at the Magistrates Court at 22 Roberts Ave Horsham, No Plea Taken

"U" be the judge Court Day (3) 13/08/08

13th August 2008 Hosham Magistrates Court His honour Mr. Meakel

Office of Public Prosecution Rep,Ms Realeene Maxwell prior to the hearing requested the Defendant to discuss the issues in a privet room, Present Ms Realeene Maxwell (OPP)Ms. Hellen Dodds (NALA) and the Defendant.

After a short time viewing photos, Ms, Maxwell asked the defendant, whats the main defence..The Courts, The government has no Jurisdiction, OPP yes we have, defendant then produced a file letters. and pointed out the Letter dated 26th August 1996, from Scrutiny of Acts and Regulations Committee Address to Les McDonald Chief Justice Aboriginal Embassy Victoria and:-.

"I am afraid I am not able to be of assistance to you. I am unaware of any Act which gives the Victoria Government the "power to make laws for peace order and good government for indigenous people" signed Helen M, Mason Executive Officer"

After openly perusing other document OPP Ms Maxwell, indicating that the matter be adjourned, The Defendant agreed

In court 1. OPP Ms Realeene Maxwell, Informed his Honour that she would need more time,(the matter be adjourned)

His honour then sent up to one hour talking with defendant, the amount of weight of Cannabis Charg 1. 2.6 Grams. Charge 2. 260 Grams of Cannabis. It was well note that every time the defendant mention the jurisdiction issue he was immediately halted by his Honour.and advised not to go that way. TO BE CONT>

Sunday, August 10, 2008

Defendants part background

In 1975, I operated an alcohol free entertainment venue in Melbourne, promoting Australian talent, Sixteen live acts per night between the hours 7pm till 7am seven nights a week, As I did not smoke cigarettes or anything else at that time. Considering the hours the venue operated, yet there were no incidents of unruly conduct or violence every recorded in the time the venue operated.

As it become well known that I was involved in Law reform, I was approached by a group of concerned citizens, including two young Solicitors, (one which is today regarded as one of Victories outstanding QC,) To become involved with The Cannabis research Foundation of Australia which I did.

September 1978 Bebuybac was formed a non profit Co-op Be Australian Buy Australian Bac Australian, it initiated the Advance Australia campaign, (1977) Well respected law firm of Melbourne was engaged to manager my affairs, as doubt had been raised over the business consultant that I had engaged, I suspected fraud have laying out my Companies estates and the prospectus of the future earnings estimated at $65,000 Per Week.

December 1979 I attended my solicitors office, Cannabis reform was first mentioned, It was assured by my solicitor that this would not happen in my lifetime. Shortly after airing my concerns and details of my companies complaints, My solicitor presented a well known land developer, that was listening in an adjourning cubical with the person that recommended the legal firm to me.

My solicitor informed me that he will take every thing that I had, and their was nothing I could do about it, Nothing he shouted Nothing you can do will stop us, The three would break into a foreign language, then claiming that "We run this country not the Government" .."wait till the year after 2000 you will see how good we are" after about twenty minutes of this arrogant abuse, shock hands, and said to them well go for it then. With the next 8 week I made my concerns known in writing to the appropriate authorities.

"The Legal Vendetta" As I had given my solicitor full power of attorney, and within a very about 18 Months a number of my properties, 40 and 42 St Kilda Road, Brighton 4,6,8 and 10 Octovia Street St.Kilda, plus 62 Church St. Abbotford. had been purchased by the above mentioned land developer at a greatly reduced price.

1983 Bebuybac openly operated a Cannabis retail outlet at 131-133 Glen Eria Road Ripponlea, (which I owned) This aiding the Police to make numinous arrest of members over the years for possession and use of Cannabis, However in 1989 at the Magistrate Court Pahran, The Magistrate ordered that no more members of Bebuybac will be heard at this Court, as so many people are appearing before this Court breaking the Law, then some thing must be wrong with the Law.

Subsequently, the Glen Eira Road premises was unlawfully completely demolished and later the land sold. for far less then the market value. "The Legal Vendetta" continued.

Tuesday, August 5, 2008

Email reply From the Attorney-General Rob Hulls 06/08/08

Email received on behalf of the Attorney-General Rob Hulls Wednesday 6th August 2008

Dear Mr. McDonald

We have received your correspondence of 1 July and your further letter of 3 August

Correspondence is referred to the Department of Justice for a response to be prepared. Due to the volume received and the work involved immediate responses cannot be provided.

You will receive an answer in due course

Yours sincerely

Lyn Malone
DLO Justice
Office of the Deputy Premier
Office of the Attorney-General

Advocate comments. How many lawyers are needed to prepare an answer to a very simple question, how many days will it take, to answer the issue due course, when the answer now appears very obvious. (If your not a lawyer)

Saturday, August 2, 2008

Reminder to The Rob Hulls Attorney-General

The Hon.Rob Hulls 3rd August 2008
Level 3, 1 Treasury Place
East Melbourne VIC 3002

Dear Attorney-General Rob Hulls

Re: Courts Jurisdiction

I write to bring to your attention that as yet I have not received any response to the Urgent issues raised in my Letter dated 1st July 2008.

1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal People of Victoria.

2. If the Courts Jurisdiction is question in the Magistrates Court, should the matter then be transferred to The Supreme Court of Victoria, to address the Jurisdiction issue.

As this matter is most urgent and of growing public interest, it would be greatly appreciated if you attend to the matters raised at your earliest opportunity.

Yours faithfully

Les McDonald

Wednesday, July 23, 2008

"U" be the judge Magistrates Registrar Reply 22/07/08

From Magistrates' Court Victoria Senior Registrar 22 July 2008 Received 23 JULY 2008

Addressed

Dear Mr McDonald

I reply to your letter dated 16th July 2008
I have been working away from the office, hence the delayed reply.

I think that the only answer I can give to your current correspondence is as I have mentioned before, that any issues you have re venue or jurisdiction of the Magistrates' Court must be raised in Court, before the Court, at the hearing of the Court.

Your natters are currently listed for hearing at Horsham Magistrates" Court on 13th August 2008. You should raise your concerns there and then.

I can advise that the Magistrate Capell is on leave and will not be sitting at Horsham on that date

Yours sincerely
Signed
Stephen Merbach
Senior Registrar

"U" be the judge Chief Magistrates Reply 15/07/08

From Magistrates' Court Victoria 15 July 2008 received 21 July 2008

addressed

Dear Mr McDonald

I acknowledge receipt of your letter dated 4 July.

I appreciate the significance of your role within the Aboriginal community, but must repeat that it is completely out of the question for me to give advice to any person appearing before this or any other court. This includes any question relating to the jurisdiction of the Victorian Parliament or the jurisdiction of the court itself.

As previously advised, these matters can only be addressed to the court in the context of the particular case being heard.

Yours faithfully
signed
Ian L Gray
Chief Magistrate

Advocate it may may to note the Chief Magistrates reply date 17 April."I will look into your concerns you have raised in your correspondence and write to you again as soon as possible" the Defendants out standing qusetion is the Magistrate Court the power to address the issues "The Jurisdiction of the Courts has over the Aboriginal people of Victoria" if the Chief Magistrate can not answer this question then who can? Considering the many request made, it now appears that the Courts have no Jurisdiction over the Aboriginal People, If they had it would be within reason, for the Chief Magistrate to forward the relevent act or document, A question of Law or no law. U be the Judge

Thursday, July 17, 2008

"U" be the judge Senior Registrar 16/07/08

Ballarat Magistrate Court
Senior Registrar Stephen Merbach 16 July 2008
100 Grenville Street South,
Ballarat 3350

Dear Mr. Stephen Merbach,

Re Complaint

I feel aggrieved by the action of the Magistrate Mr. Copel (name unsure) at the Marybrough Magistrates' Court on the 8th April 2008, and at the St. Arnaud Magistrates Court. 22 May 2008.

By way of relevant background I offer the following, This matter had been set to be heard at St. Arnaud Magistrates Court on the 13th March 2008, I wrote to the Court coordinator on the 21 February 2008 (copy enclosed mark 1) requested the matter to be heard at my nearest Magistrates Court Marybrough. and subsequently the matter was transferred to that Court on the 8th April 2008.

Note that , my residential address is on the boundary of Moliagul and Cockrains Creek. On one side as I now understand is under the jurisdiction of Marybrough Magistrates Court and the other-side of the road is under St. Arnaud Magistrates Court Jurisdiction. I further point out that major alleged offence occurred at the property in Moliagul and my residential address is nearest to Marybrough Magistrates Court.

The bases of my complaint stems from the Marybrough Magistrates Court 8th April 2008, after the relieving Magistrate (Copel?) after reading my written response to the charges (copy enclosed mark 2) appeared to be quite disturbed by the contents of such, "The Defendant request the Court to clarify the Jurisdiction of the Courts over the Aboriginal People of Victoria" The Magistrate immediately ordered the matter to be transferred to St. Arnaud Magistrates Court

I have been recently advised, that if the Courts Jurisdiction has been raised, then it must be referred to a higher Court, in this case, being the Supreme Court of Victoria, If the advise I was give is correct, It appears that the Magistrate unfortunately may have erred in his ruling.

Considering the responsibility and role your office holds with in the Victoria Judiciary, I ask Is the advise I received correct or not?.

As simplicity is the most convenient way to the truth, as to uphold the peoples faith and integrity of the Magistrate Court of Victoria, a rapid response would warmly be appreciated.

I thank you


Yours faithfuly


Les McDonald

Thursday, July 3, 2008

"U" be the judge to Chief Magistrates 04/07/08

Melbourne Magistrates' Court
233 William Street,
GPO Box 882G, Melbourne, 3001 4th July 2008

Dear Chief Magistrate Ian L Gray

I thank you for your letter of 26 June which I received on 1st July 2008, and for the helpful advise you have contributed.

It again appears that you may have overlooked addressing the issue raised in my past correspondence,

16 May 2008 Has the Magistrate Court the power to address the issues arising: being-

The Jurisdiction of the Courts has over the Aboriginal people of Victoria

19 June 2008

"I have been advised that if matter before the court raised the Courts Jurisdiction it must and can only be addressed by a higher Court then the Magistrates Court" (being The Supreme Court of Victoria)

I again ask is the advice I was given correct or not?

The issue raise doubt of the Law, Therefore with the publics best interest in mind, and to save the Court time, it would be greatly appreciated, if you could as the Chief Magistrate clarify the issue at earliest opportunity.

I point out the presiding magistrate at Magistrates' Marybrough Court (08/04/08) upon perusing my file had ample opportunity to determine the issue there and then, However elected that the matter be set down to be heard at St. Arnaud Magistrates Court ( 22/05/08) allowing two hours for the Jurisdiction question to be address, which did not transpire.

As you are aware of my position and role within the Aboriginal community, you may well understand the disappointment in the manner and conduct that this case has been handled so far.


Yours faithfully


Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria

Monday, June 30, 2008

"U" be the judge Re Attorny-General 01/07/08

Attorney General
The Hon. Rob Hulls 1st July 2008
Level 3, 1 Treasury Place
East Melbourne VIC 3002

Dear Attorney-General Rob Hulls

Re: Courts Jurisdiction

As the Chief Magistrate Ian L Gray suggested that I take up the issue of the proper Court venue with the Senior Registrar Mr Stephen Merbach at Ballarat Court, Which I did, and was informed that matter should be addressed to the Attoney-General as you are responsible for the Victorian Juridical system in Victoria.
Please find enclosed herewith copies of letters dated:-

11th April 2008 to Chief Magistrate Melbourne, has the St. Arnaud Magistrates Court power to hear the issues regarding Jurisdiction ...has over the aboriginal people..
16th May 2008 to Chief Magistrate Ian L Gray,
2nd June 2008 to Chief Magistrate Ian, L Grey
19th June 2008 to Chief Magistrate Ian L Gray, "I have been advised that the matter before the court raised the Courts Jurisdiction it must be addressed by a higher Court then the Magistrates Court".. (Supreme Court)

As to clearly illustrate my concerns and disappointment in the way the issue raised has not been addressed in a proper manner, as expected by all citizens of Victoria. I am further aggrieved that the matter has not been heard at my nearest court Marybrough and transferred to the Magistrates Court at Horsham being some 140 k. from my abode. What is going on.

Based on the documents which have been filed with the Court in this matter, It appears that the Victorian Government has no legislated Act or Power to make Laws for peace, order and good government for the Aboriginal Race of Victoria It will pay to note that Victoria Constitution Act 1975 makes no mention of the Aboriginal People.

As advised, I now ask the Attorney-General, to clarify if the issue at hand,

1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal People of Victoria, Considering that The Victorian Constitution Act 1975 does not mention the Aboriginal race of Victoria.

2. If the Courts Jurisdiction is question in the Magistrates Court, should the matter then be transferred to The Supreme Court of Victoria, to address the Jurisdiction issue.

As this matter is most urgent and of growing public interest, it would be greatly appreciated if you attend to the matters raised at your earliest opportunity.

Yours faithfully

Les McDonald

"U" be the judge Chief Magistrates Reply 26/06/08

From the Chief magistrates dated 26 June 2008 received 1st July2008
Addressed

Dear Mr. McDonald

I refer to your letter 19 June 2008

You have again asked questions about the power of the Magistrates' Court to hear and determine issues regarding the "Jurisdiction of the Victorian Parlaiment...Over the Aboriginal people of Victoria".

It needs to be understood that neither the Chief Magistrate nor anyother judicial officer can give legal advice to a person who has a case before the court. It is therefore not possible and, would be completely inappropriate, for me to comment upon that question and to give you any advice on it. You should obtain that advice from your own legal advisers.

If this is a question that you intend to raise in your hearing, it must be raised before the presiding magistrate so that it can be determined by that judicial officer after hearing whatever arguments you, and the prosecution, wish to make on the point.

Yours faithfully
signed
Ian L Gray
Chief Magistrate

Wednesday, June 18, 2008

"U" be the judge to Chief Magistrates 19/06/08

Case No. X00340105
Melbourne Magistrates' Court
233 William Street,
GPO Box 882G, Melbourne, 3001 19th June 2008

Dear Chief Magistrate Ian L Gray

Firstly, I thank you for your letter of 16th June 2008, which suggested that I take up the issue of the proper Court venue with the Senior Registrar Mr Stephen Merbach at Ballarat Court, which I plan to do so in the very near future.

Secondly, The main issue concerning this case as raised in my letter of 11 April 2008 concerning the issue of the "Jurisdiction of The Victorian Parliament, has over the Aboriginal people of Victoria"

Based on the documents which have been filed with the Court in this matter, It appears that the Victorian Government has no legislated Act or Power to make Laws for peace, order and good government for the Aboriginal Race of Victoria Note that Victoria Constitution Act 1975 makes no mention of the Aboriginal People."

and In my fax/letter to you of the 16 May 2008 :-

" I ask .... has the Magistrates Court Power to hear the issue regarding Jurisdiction of the Victorian Parliament ..over the Aboriginal People of Victoria."

"I have been advised that if matter before the court raised the Courts Jurisdiction it must and can only be addressed by a higher Court then the Magistrates Court,.."

I ask again is the advise I received correct or not?

I trust that as the Chief Magistrate of Victoria you will now address this issue in a prompt and responsible manner.



Yours faithfully


Les McDoanld

Tuesday, June 17, 2008

"U" be the judge Chief Magistrates Reply 16/06/08

Letter from Chief Magistrate Ian L Gray received 18 June 2008

Magistrates Court Victoria
233 Willaim Street
Melbourne Vic. 3000 16 June 2008

address

Dear Mr. McDonald

I refer to your letter dated 2 June.

It is not appropriate for me to interfere in the listing arrangements for this case or to give any directions about transferring it from one court to another.

If the venue of the case is still an issue, I suggest you take it up with the Senior Registrar Mr. Stephen Merbach, at Ballarat Court (tel: 5336 6222).


Yours faithfully


Signed

Ian L Gray

Chief Magistrate



Legal Advocate comments, It appears that the matter of Jurisdiction of the Courts has not been addressed, as requested by the defendant by letter and fax 16 May 2008

Sunday, June 1, 2008

"U" be the judge To Chief Magistrates Reply 02/06/08

Chief Magistrate Case No. X00340105
Melbourne Magistrates' Court
233 William Street,
GPO Box 882G, Melbourne, 3001 2nd June 2008

Dear Chief Magistrate Ian L Gray

I am in receipt of your letter dated 19th May which I received on the 23 May 2008, I thank you and greatly appreciate the rapid response to my previous correspondence. Unfortunately received after I attended St Arnaud. Magistrates Court., Please find enclosed herewith copy as filed with the Court on 22 May 2008. Case No X00340105 as being close to your advice.

As to update, "The residing Magistrate, made all aware that he had been contacted by the Chief Magistrate, and was not pleased that the defendants concerns being brought to his attention, quoted for the Fax. to Chief Magistrate (dated 16 May)..Jurisdiction then it must be addressed by a high Court" (an obvious typing error, should have read "higher Court" ) His Honour outline requirements to be met by the prosecutor, the informant was not present at court. His honour again assured all that in was in his Jurisdiction and his court at Horsham"

I now refer to your letter, 13 May 2008 as to "..the question of 'proper venue"
As Moliagul is the property where alleged main offence was committed, I understand that Marybrough is the closest court to the property, I also do my regular shopping in Marybrough, as well as all other needs, I am a signed up member of the Goldfields Online Center, and regard Marybrough as being my the nearest Town with a Court.

I have enclosed herewith, a copy of the letter dated 21 February 2008 to the Magistrates Court St. Arnaud, including Letter to the Informant Senior Constable Micheal Hobson. Inglewood, Which requested the matter to be heard at my nearest Magistrates Court Marybrough. On the 13th March 2008 at St Arnaud court co-ordinator transferred the matter to Marybrough, being the "proper venue," (I did not face any Magistrate in court that Day)

On the 8th April (relieving Magistrate) appeared, upset when informed that the matter was first listed at his Court, St. Arnaud, and order the matter back to St Arnaud on the 22 May. It may well the case, that magistrates' prefer to keep there case numbers up, like in most work places. I have also enclosed Advise of Hearing Date, at Horsham Court 13th August 2008.

Other Court observes and myself feel that I will held at a great disadvantage if the matter is heard at Horsham Magistrates' Court, as to remove any shadow of doubt over the integrity of the Magistrates' Court:-

I humbly request the Chief Magistrate, if you see proper to do so, To have the matter transferred from Horsham Magistrates' Court to the appropriate Court nearest to were the alleged offence occurred and closest to the defendant abode, and to take in to account the hundreds of extra kilometers that the defendants witness may have to travel.

Hoping you can assist

Yours faithfully Les McDonald

Monday, May 26, 2008

"U" be the judge, court Notice 26/05/08

Advice of Hearing

Date Received 26 May 2008 from Office of the Co-ordinator St Arnaud Magistrates' Court.

Informant::Michael A Hobson (VPOL)

Defendant: Leslie E.McDonald

The case against the abovementioned defendant has been adjourned from 22/5/2008.

The case is now listed for Committal Mention on the 13/8/2008 at 10:00am at the Magistrates' Court at Horsham

If there is any alteration to the plea, please notify the co-ordinator

The defendants bail has bee extended to the above date.

signed

Registrar of the Magistrates Court

Dated 22/05/2008

Saturday, May 24, 2008

"U" be the judge Chief Magistrates Reply 23/05/08

Letter From Chief Magistrates Ian L. Gray dated 19th May 2008 and received 23 May 2008 the day after the court hearing at St. Arnaud :-
Mr. McDonald

Addressed

Dear Mr. Les McDonald

I refer to your correspondence dated 16th May-one letter sent by post and one by facsimile.

Firstly, I remind you that for the contest mention of the case 22 Mayat St Arnaud, there is no need for witnesses to be present. The only people required are yourself, the prosecutor and the informant.

Secondly, in relation to your question about jurisdiction " over the Aboriginal people of Victoria" I advise that if you wish to raise a jurisdiction objection to the prosecution, you will have to formally advise the magistrate of the precise nature of that objection at the contest mention on 22 May.

I will advise the presiding magistrate of the matters set out in your correspondence dated 16 May.

Yours faithfully

Ian L Gray
Chief Magistrate

Friday, May 23, 2008

"U" be the judge in Court Day 22/05/08

Court Report Magistrate Court St Arnaud
Magistrate His Honour Mr Copell
The Defendant was call,

His Honour invited the Defendant to take a set at the table, the defendant thank his Honour.

His Honour, opened with his dissatisfaction that the defendant, had previous wrote to the Chief Magistrate Court, concerning matters heard at the Marybrough Court on the 8th April 2008 also before his honour Mr Copell,

His Honour, made the defendant aware that he had been contact by the Chief Magistrate and was not pleased about it.

The Defendant offered his apology, over the confusion or any embarrassment this may have caused his Honour

His honour then referred to the Fax sent to the Chief Magistrate, and made reference to the Matter of the Courts Jurisdiction, he explained that Marybrough court was not his regular court, and that St. Arnaud is his court and he had all Jurisdiction over the area, including Horsham

His Honour interrupted when the defendant when trying to explain his concerns over Jurisdiction.

After a short time the defendant,was asked if the wished that the matter to be heard in this court, the defendant reply No. I want go to another Court
His Honour, then set the matter to be heard before a judge and Jury on the 13th August 2008 at Horsham Court
Time is court about 10 Min.

Legal Advocate comments, As the question of Jurisdiction, as raised in the
Marybrough Court and filed with the court being " The Jurisdiction of the Courts has over the Aborigianl people of Victoria" I trust that the Jury will be able to answer this question, being the main issue, I note that his Honour at Marybrough Court (8/4/08 set aside 2 hours to address this Jurisdiction issue at St Arnaud Cour, Yet What happened ?

Wednesday, May 21, 2008

"U" be the Judge Court Day, (on file), at St Aranad

The following, file with the Court, (9.35 Am.)on the

22 May 2008

To the Magistrates Court St Arnaud.

Case No. X00340105

Informant.... S.C. Micheal Hobson

Defendant.... Leslie Enrest McDonald the Defendant

Dear Magistrate,

With respect and to aid the Court as the help clear the confusion, please find herewith copies of correspondence date:-

11 April 2008 To Magistrates Court (received by Chief Magistrate 15 April)

17 April From Chief Magistrate Ian L Gray,

16 May To the Chief Magistrate Ian L. Gray

13 May From Chief Magistrate Ian L. Gray (received 16th May)

16 May fax Chief Magistrate Ian L Gray

By way of courtesy to the Court. and I deeply regret any misunderstanding regarding the "proper venue"

The issue that still needs to be resolved being

Has the Magistrates Court the power to address "the Jurisdiction Of the Court has over the Aboriginal people of Victoria

I thank you

Yours faithfully


Les Mcdonald

Friday, May 16, 2008

"U" be the Judge to Chief Justice Ian L Gray 16/05/08

To Chief Magistrate Ian L Gray
Fax No. 9628 7739
From Les McDonald
Date/Time 16/05/2008 at 2:57PM
Subject Court Jurisdiction

Most Urgent

I received your Letter dated 13 May 2008, on the 16th May 2008 which I had not received till after my fax had been set to you at around 11.15am
It appears from your letter that you my have overlooked the main issue raised. in the letter dated 11 April 2008, being

" I ask .... has the Magistrates Court Power to hear the Issue regarding Jurisdiction of the Victorian Parliament ..over the Aboriginal People of Victoria."

In my fax this morning I pointed out that I had been advised "that if the matter before Court the raised the Courts Jurisdiction then it must be addressed by a high Court"

Based on the documents before which have been filed with the Court in this matter, It appears that the Victorian Government has no legislated Act or Power to make Laws for peace, order and good government for the Aboriginal Race of Victoria.

I ask, has the Magistrates Court power to hear a matter that questions the Jurisdicition of the (all) Courts.

Hoping you can Help

Your faithfuly

Les McDonald

"U" be the judge Chief Magistrates Reply 16/05/08

Magistrates Court Victoria
13 May 2008
addressed to

Dear Mr McDonald

I refer to your letter 11 April

The magistrate who dealt with the matter briefly at Maryborough on the 8 April has advised me thathe was concerned simply with the question of "proper venue".This is clearly the issue that concerns you at this stage. It appears that the magistrate was seeking to make clear the court process that applies when changes are contested. the principle of "proper venue" generally dictates that a matter is heard at the court closest to where alleged offences were committed. Other factors are alos taken into account including the address of the defendant, the address of witnesses and other issues of the convenience of the parties, including the prosecution.

I note that the matter is set down for contest mention at St Arnaud on 22 May. The contest mention doea not necessitate the attendance of witnesses-only the attendance of the informant and the defendant.

I note that the informant has advised you that he has no objection to the hearing taking place at Maryborough. If the prosecution agrees to a hearing at Maryborough, and the magistrates hearing the contest mention at St Arnaud on 22 May also agrees, then the matter can be set down for hearing at Maryborough. this is an issue to be taken up specifically at the contest mention on 22 May. I will not change the contest mentionvenue at this late stage. to do so now would be to cause further delay.

In any event, if you wish to have the matter heard at Maryborough, you should raise this at St Arnaud on 22 May and the magistrate will take into account both what you say and also the prosecution says about the point.

Yous faithfully

signed

Ian L Gray
Chief Magistrate

Wednesday, May 14, 2008

"U" be the judge Jurisdiction? 16/05/08

Ian L Gray
Chief Magistrate Case No. X00340105
Melbourne Magistrates' Court
233 William Street,
Melbourne, Vic. 3000 16th May 2008
GPO Box 882G, Melbourne, Vic. 3001

Dear Chief Magistrate Ian L Gray

I thank you for your letter dated 17th April, being in response to my letter of the 11 April 2008. Which raised the issue of the Jurisdiction of Magistrates Court,.

As the matter was referred back to the St, Arnaud Magistrates Court, 22 May 2008 I have to notify others parties that have an interest in this matter, and are now required to travel a greater distance, considering their age and discomfort and the uncertainty of the issue, with respect I ask if you could clarify the situation being:-

Has the Magistrate Court the power to address the issues arising: being-

The Jurisdiction of the Courts has over the Aboriginal people of Victoria

As for your convenience please find enclosed herewith copies (on court file) presented to the Magistrates Court dated 3rd April 2008,

Copy of the Letter from the Aboriginal Embassy Victoria to Minister for Health Ms. Lisa May Neville, dated February 12 2008 As to "Note that Victoria Constitution Act 1975 makes no mention of the Aboriginal People." (enclosures mention Not Included Herewith)

I have been advised that if matter before the court raised the Courts Jurisdiction it must and can only be addressed by a higher court then the Magistrates Court, I ask is the advise I received correct or not.

I trust that you will address this matter at your convenient moment, as this will enable myself to notify other parties that they need not attend the St Arnaud Magistrate Court on 22 May 2008


I thank you

Yours faithfully


Les McDonald

Ps I understand that I will still have to appear at the St Arnaud Magistrate Court on 22 May

Monday, April 21, 2008

"U" be the judge Reply Chief Magistrates 17/4/08

From the Magistrates Court Victoria, dated 17 April 2008, received 21 April
Mr Les McDonald
address


Dear Mr. McDonald
Thank you for your letter dated 11 April and received in my chambers on 15 April.

I will look into your concerns you have raised in your correspondence and write to you again as soon as possible

Yours Faithfully
Signed
Ian L Gray
Chief Magistrate
(compleat)

Tuesday, April 15, 2008

"U" be the judge Background Not file with Court

As we all know the role that the Victorian police play in our society and that the Law Courts are independent from the Government of Victoria, and obligated to protecting the People of Victoria, without prejudices or favour I humble request this peoples Court to consider the motives of my actions have been carried out with the best interest, future health and well-being of the Citizens of Victoria. Firstly. As by way of relevant background I offer the following, .Three quarters of the way through the last century (1975) The media raised the issues that High School students were using Pot (cannabis) as an alternative to Alcohol.

At that time (1975) I operated an alcohol free entertainment venue in Melbourne, promoting Australian talent, Sixteen live acts per night between the hours 7pm till 7am seven nights a week, As I did not smoke cigarettes or anything else at that time. Considering the hours the venue operated, yet there were no incidents of unruly conduct or violence every recorded in the time the Venue operated.

As it become well known that I was involved in Law reform, I was approached by a group of concerned citizens, including two young Solicitors, (one which is today regarded as one of Victories outstanding QC,) To become involved with The Cannabis research Foundation of Australia which I did.

1977 During this time the media often lead stories "Young Girls make $1700 to $2000 a week in St Kilda as prostitutes" This creating a Hugh number of young people descending to Fitzroy Street being the main attraction for money, however the Heroin trade was now rampant, as Heroin addict would be prostitute filled the Streets of St. Kilda.

As I had recently won first division in Tattslotto, I purchased a motel in Wellington Street St. Kilda, Aided by voluntary workers, turned the place in to a refuge for heroin addict, Often taxi at all hours, day or night would bring distressed people that need help, these were given a room at no charge some would stay for a week or two, Cannabis was used to easy the with draw pains caused by Heroin use, more serious cases were taken to the Alfred hospital.

At that time I had purchased a property The Winsor Regus Picture Theater for $900,000 This being the first time that I engaged my consultant, short time later she, has conspired with others to purchase the property, as well as other businness I had, at the same time instigated Supreme Court action on behalf of one of my companies.

September 1978 Bebuybac was formed a non profit Co-op Be Australian Buy Australian Bac Australian, it initiated the Advance Australia campaign, (1977) Well respected law firm of Melbourne was engaged to manager my affairs, as doubt had been raised over the business consultant that I had engaged, I suspected fraud have laying out my Companies estates and the prospectus of the future earnings estimated at $65,000 Per Week.

December 1979 I attended my solicitors officer, present were a well know land developer, and the person that recommended the legal firm to me, Shortly after my solicitor informed me that he will take every thing that I had, and their was nothing I could do about it, Nothing he shouted Nothing you can do will stop us, The three would break into a foreign language, then claiming that "We run this country not the Government" .."wait till the year after 2000 you will see how good we are" after about twenty minutes of this arrogant abuse, shock hands, and said to them well go for it then. (With the next 8 week I made my concerns known in writing to the appropriate authorities) "The Legal Vendetta" to be continued. posted 16/04/08

Thursday, April 10, 2008

"U" be the judge Points of law 04 11/04/08

Chief Magistrate Case No. X00340105
Melbourne Magistrates' Court
233 William Street,
Melbourne, Vic. 3000
GPO Box 882G, Melbourne, Vic. 3001
11th April 2008
Dear Chief Magistrate

I write to bring to your attention concerns raised, relating to the Magistrate conduct at the Magistrates Court Marybrough on the 8th April 2008. Which needs to be addressed.

Background. This matter at been set to be heard at St. Arnaud Magistrates Court on the 13th March 2008, as the defendant requested, the case was listed for mention at the Marybrough Magistrates Court 8th April 2008.

The defendant was call, The Honour made it clear that this case would not be heard to day, as this was only list for Mentioned, do you understand, yes replied the defendant.
The Police prosecutor, "..the property at Morguu, . (as his file brief fall and spread over the floor) The defendant said Moliagual, the Police prosecutor, thank him for the correction as he picking up the scattered papers.

The Magistrate held up the a file that the defendant had lodged with the court prior, His Honour, asked are you saying this court has no Jurisdiction, the defendant replied, That's right, Yes your Honour, (enclosed letter dated 3rd April enclosures not included)
His Honour,. right this will be heard back at St Arnaud, the prosecutor started to say something, His Honour, in a raised voice, No, No this is going back to St Arnaud, list it for 2 Hours, the Jurisdiction, Police prosecutor attempted to speak, His Honour appeared to be. disturbed, by interrupting Police prosecutor ....(enclosed Advice Hearing Date 08/04/2008).

Defendant, reminded his Honour. of the elders may ha...
His Honour remarks ...(unclear)
Defendant, After a short time, (his honour returned to his seat) asked will bail be extended.
His Honour Yes, you may go
Defendant, thank you your Honour
(Time in court about 2 min. in all).

As to show cause and reasons for concern, the defense will be disadvantage to a degree if the hearing is at St. Arnaud Court, (as expressed in my letter to the Court Dated 21/02/08. enclosed herewith) It would be within reason to assume if the issues of "Jurisdiction" could be resolved in 2 hours at St. Arnaud Magistrates Court, Surely Marybrough can do the same.

I ask has St Arnaud Magistrates Court power to hear the issues regarding "Jurisdiction" of The Victorian Parliament, has over the aboriginal people of Victoria, and was the Magistrate His Honour decision correct or not. Your early response would be greatly appreciated.

Yours faithfully

Les McDonald

Monday, April 7, 2008

"U" be the judge The Court (2) day Marybrough.

(The defendant, response to the charges, and files, had been received by the Court,prior (see Court 31/03/08)
8th April 2008 Marybrough court
Magistrate, this is only here for mention Today, we will not be going to day,

Defendant I understand your honour

The magistrate " are you claiming that "the court has no Jurisdiction"

Defendant, That's right, yes your honour

Magistrate Then the case is to be heard back at St.Arnaud Court on the 22 May 2008

Defendant will my bail still apply

Magistrate Yes ,

Defendant Thank you your Honour

Ps. "the court has no Jurisdiction" is to be addressed by the Magistrate Court at St. Arnaud, I think not, I am sure it will have to be adressed by the supreme court, Did the Magistrate make a mistake, or not, Point Of Law No. 3

Sunday, April 6, 2008

"U" be the judge defendants response

The Magistrates Court Marybrough , to be heard 08/04/08

Defendant Leslie Ernest McDonald in Response Summary of Charges VP Form L20

In answer to Summary of Charge 1. Re: McIntyre Road Property

"The .....Police then located 13 small cannabis seedlings planted in three pots under a water tank stand."

The defendent request the Court to consider police Exhibit List. 7. Produced by Michael Hobson relating to Charge 1. Photographs 1, 2, and 3 (Copies herewith)

1. Now marked LMD 1. Shows the 3 Pots (east side) which appears to contain 5 plants in total

2. Now marked LMD 2. Shows 3 Pots (west side) which appears to contain 5 plants in total

The defendant states, that the informant summary this is not true or accurate, which may be used to mislead the Court. The defendant, request the court if it see fit to do so, dismiss the evidence that indicates "Police. located 13 small cannabis seedlings planted in three pots under a water tank stand.

"Police further located another 13 small cannabis plants growing in several small plants in a shade house in the rear yard of the property. all these plants were only approximately 2cm in height and had been planted as cuttings by the defendent"

The defendant states, that there were six pot plants in the shade house, these six pots were placed on the very top rack of the shade house, the top of the pots were about five inches below the top of the shade cover (roof) containing some four cuttings, not 13 as alleged.

It is within reason to suggest, that the police moved the six pots down from the rack, to enable them to be photograph.

The defendant maintains, that the pots (six) under the water tank stand were brought in to the shade house, as to be photograph of all the pots together. At no time were there every twelve pots containing Cannabis seedlings/cuttings in the shade house. The defendant saw one officer taking pots from under the water tank stand, and towards the hot house.

For the informant to suggest that there a total 26 cuttings and plants at McIntyre Road property is totally misleading the Court, The defendant seeks the informant to clarify the matter under oath.


Ends the defendant response

Signed

Les McDonald dated th April 2008

Friday, April 4, 2008

"U" be the judge Points of law 02. 04/04/08

The defendant request to clarify the charge:

The defendant .... ...Did cultivate a narcotic plant, namely Cannabis

The defendant asks the Court to consider (annexed marked 1. The Australian Government Department of Health and Ageing Part 4 Cannabis the drug (latest update 22September)directly to:-

"Cannabis has been erroneously classified as a narcotic,"j

The defendant, understands that cannabis is not a narcotic plant,and states "I have requested the Victoria Health department, many times over many years, for any evidence that supports Cannabis prohibition. still no evidence has been forwarded to this date."

The defendant, request informant, to for any evidence whatsoever that supports the claim/charge, "cultivate a narcotic plant Court"

Q. Is the defendant with in his rights,to request evidence that supports the charge Yes or No "U" be the judge. reply verdict (POL.2) by Email (bebuybac@yahoo.com.au)

Thursday, April 3, 2008

"U" be the judge The Court 31/03/08

Magistrates Court Maryborough
Clarendon Street 3rd April 2008
Maryborough 3465

Dear Clerk of Courts

Re: Case No. X00340105, Listed for Mention 08/04/08

Informant: Micheal A. Hobson

Defendant Leslie E McDonald

Charge 1. The Defendant at Burkes Flat on 30/01/08 did cultivate a narcotic plant, namely cannabis.

The Defendant reserves his plea on this charge,

Charge 2. The Defendant at Moliagul Flat on 30/01/08 did cultivate a narcotic plant, namely cannabis.

The Defendant request the Court to clarify the Jurisdiction of the Courts, over the Aboriginal People of Victoria,

Charge 3. The Defendant at Burkes Flat on September 2007 did use a drug of dependence namely cannabis

The Defendant admits that he used Cannabis in September 2007, when staying in South Australia, at that time,

As to assist the court please find enclosed herewith relating to

Charge I. Documents, Letter, in the public best interest

Charge 2. Correspondence, Letters in support, as the doubt over the courts Jurisdiction has been raised (1996)

Copies of the above have been forwarded and received by the Informant Micheal A Hobson

Submitted by

Les McDonald, founder of Bebuybac, the Concerned Australians, Chief Lore Officer Aboriginal Embassy Victoria,

Yours sincerely


Les McDonald

Tuesday, April 1, 2008

"U" be the judge Email from defendent 31/03/08

I thank you for summary of charges, Note my (2nd) name Leslis Ernest McDonald, and from the Statement "Sergeant WARDELL said ...what your name "He said Leslie Gordon McDonald, an obvious oversight

again I thank you.

Les McDonald

Added 9.56 Pm Summary of charges, and copies of prior convictions,(I still maintain my right to fair hearing was denied) This record, shows that the defendant, 0n the 28/06/93 Melbourne Country Court, Traffic other drug of dependence, 2 years, minimum 12 Month's dependent lodged an appealed this and it was heard about a week before the defendant was due to be realised(min Sentence)ButThat's another story.

Monday, March 31, 2008

"U" be the judge Jurisdiction? 1/04/08

Senior Constable
Michael Hobson
Inglewood Police Station 1st April 2008
89 Grant Street
Inglewood 3517

Dear Senior Constable, Micheal Hobson,

As you are aware I Leslie Ernest McDonald, the current Chief Lore Officer of the Aboriginal Embassy of Victoria, It is my role and duty to maintain Sovereignty of the Aboriginal race Victoria, to uphold the spiritual believes and customs and protect of decedents of the Aboriginal race of Victoria. ... Please find enclosed are copies of letters dated:-

6th August 1996 to Scrutiny of Acts And Regulations Committee, Executive Officer Ms. Helen Mason, Re: the Act that gives the Victoria Government power to make laws for peace order and good government for the Indigenous people of Victoria
26 August 1996 in response from Scrutiny of Acts And Regulations Committee, Executive Officer Ms. Helen Mason, to Chief Justice Les McDonald "I am unaware of any Act which gives the Victorian Government the "power to make laws for peace order and good government for the indigenous people"

20th February 2006 to the Primer of Victoria The Hon. Steve Bracks, "As time and study has revealed the current laws, has inflicted an unnecessary tax on our peoples, mentally, physical and financially, The laws surrounding cannabis use possession and cultivation do not support our present community needs and demands."

31st January 2008 to Lieutenant Governor Chief Marilyn Warren, Notice. "We trust that you will inform the courts of these changes at your most convenient moment"
5th February 2008 in reply, on behalf of the Chief Justice per Vivienne Macgillivray Executive Associate to the Chief Justice

12th February 2008 to Minister for Health, Ms. Lisa May Neville "Considering the state of Victoria has no proper legislated power to make laws for the Aboriginal people of Victoria"
14th February 2008 to the Minister for Health Ms. Lisa May Neville, "Your letter is currently under consideration and a response will be forthcoming shortly"

Considering the contents of above correspondence, which now leaves open to question the Jurisdiction of the Courts in Victoria. Which I feel must be clarified in the first instance.

Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria

Ps. Note none of the above may not be used in anyway as a defence by any Aboriginal Person(s) or group that may causes harm loss or suffering to any other party, or as defence for unruly behavior, drunkenness, driving offence, or any other offences that can not be ascertained as being part of the Aboriginal way of life and culture.

Sunday, March 30, 2008

"U" be the judge Up date repoprt 31/03/08

31 March 2008, this day the Defendant received copies, statement,witness list(9),Exhibit List (16), 13 photos of pot and plants. thirteen cannabis plants 2cm to 3cm tall and thirteen 1cm tall cannabis cuttings, I pot plant including plant about1m Tall, at the McIntyre road Property, and photos of 7 Cannabis plants at the Property Dalmation Drive Moliagul.The matter is set down to be heard at Marybrough Court on the 8th April 2008.

"U" be the judge. Point Ex one

The defendant. Notified the informant on by way of letter dated 28 February 2008, Re: Request for Access to Exhibits,In answer to the defendants request for Access to Exhibits of the following. (Ex 1)1

The informants response being
1. Photographs are generally only produced if the matter is to proceed to a full contest thus avoiding expenses and court costs.

2. Likewise an analyst report.

3. Weight of the plants is only relevant if we are alleging that you have grown a commercial/trafficable quantity of plants, which in this case we are not suggesting such and are only proceeding on the lowest charge possible, being the cultivation of the cannabis plants.(Ex 2)

The defendant by Email again requested (exhibits) "I will need Photographs also analyst report on the plants seized at 754 McIntyre Road property, I will also forward in the near future concerns raised with the plants seized at Moliagul property. (Ex 3)

The Informant by Email Date: Wed, 26 Mar 2008 15:37:06 +1100 stated "No need for you to send me the documents, just take them to court with you or hand them to your solicitor. I'll send you what I've got of the brief. Unfortunately you may have to arrange an analyst at your own expense.

Q.1 Is the defendant entitled to get a copy of all exhibits/evidence.

Q.2 Is the defendant entitled have the analyst report.

Q.3 Can the defendent arrange have an analyst at his own expencers

Comments Point Ex one.

"U" be the judge Ex. 1.28/02/08

Senior Constable
Michael Hobson
Inglewood Police Station 28th February 2008
89 Grant Street
Inglewood 3517

Dear Senior Constable, Micheal Hobson,

Re: Request for Access to Exhibits

I would be most grateful if you could forward to me copies:-

Photos of the pots plants (cuttings) seizes at 754 McIntyre Road Burkes Flat
the analyst report (THC) content
The total weight of cuttings-plants which would be between 3 to 5 grams

Photos of the pot and plants seizes at Dalmatian drive Moliagul
the analyst report (THC) content
The total weight of plants which would also be appreciated

Copies of any documents setting out particulars of any prior convictions against myself, relevant to these proceedings

I thank you



Yours sincerely



Les McDonald

"U" be the judge Ex. 26/03/08 @3.37

Subject: RE: Request for documents. (Ex 4)
Date: Wed, 26 Mar 2008 15:37:06 +1100
From: "Hobson, Michael"
To: "les mcdonald" bebuybac

Gday again, No need for you to send me the documents, just take them to court with you or hand them to your solicitor. I'll send you what I've got of the brief. Unfortunately you may have to arrange an analyst at your own expense. Cheers Michael

"U" be the judge Ex. 3 05/03/08 @3.57

From: les mcdonald Bebuybac (EX 3)
Sent: Tuesday, 25 March 2008 3:57 PM
To: Hobson, Michael
Subject: Re: Request for documents.

Hi. Michael, thank you for your helpful Email, much appreciated, I intend to forward you a list documents that may explain my reason violating for breaking the Drugs Poisons and Controlled Substance Act No. 9719/1981

It may be of interest to note Australian Government Department of Health and Ageing, National Drug Strategy Monograph Series No. 25 part 4 Cannabis the Drug states "Cannabis has been erroneously classified as a narcotic" I note that in Victoria I am charged with "cultivate a narcotic plant namely Cannabis"

I will need Photographs also analyst report on the plants seized at 754 McIntyre Road property,

I will also forward in the near future concerns raised with the plants seized at Moliagul property.
Thank you, all the best
Les McDonlad

"U" be the judge Ex. 2 25/03/08 @2.45

Subject: Request for documents
Date: Tue, 25 Mar 2008 14:45:16 +1100
From: "Hobson, Michael" V.P. Informant
To: bebuybac

Gday Les, (EX 2)
In answer to your request for Access to Exhibits I'd like to make you aware of the following.

1. Photographs are generally only produced if the matter is to proceed to a full contest thus avoiding expenses and court costs.

2. Likewise an analyst report.

3. Weight of the plants is only relevent if we are alleging that you have grown a commercial/trafficable quantity of plants, which in this case we are not suggesting such and are only proceeding on the lowest charge possible, being the cultivation of the cannabis plants.

I can forward you a copy of the brief of evidence as it stands if you require it including your priors, exhibits (not including photos) a summary and witness statements.

Hope you had a happy easter.
Cheers Michael HOBSON.

Wednesday, March 19, 2008

"U" be the judge part 6 final Jury say?

This matter betwwen
the Victorian Parliament

Vs.

Bebuybac The Concerned Austrailan

"U" be the judge part 5

It appears clear from the correspondence that many request have been made for any evidence that supports cannabis prohibition, however none has been forward

This may be due to the fact that the Australian Government has failed to conduct it's own research in to cannabis before it past any laws concerning Cannabis

There has never been a lethal over does of cannabis in humans recorded world wide, this gives raeson to question why the Victorian Parliament placed cannabis under the Drugs Poisons and Controlled Substance Act 1981

In the Mid 90s Government reports suggested that 82% of Australia population age over 14 had used Cannabis,... the latest household survey indicated that 5.5 million people over the age of 14 have tried cannabis at least once during their lives

It may be of interest to note that, the Victorian Government drug reform strategy "Turing the Tide" page 18 states "A recent analysis by Access Economics estimates that spending on illegal drugs in Australia amounts to $7 Billion per year, Seventy per cent of the spending on illegal drugs is cannabis" Surely this money can be spent on more worthwhile Things

Summary

Premiers Drug and Advisory Council Chairman Professor David Pennington, recommended, his report 31st May 1996 which recomended that in part 7:-

7.1 Use and possession of small amounts of marijuana should no longer be an offense "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.

Which I understand many thousands of Victorians supported, in the best interest of the people of Victoria in mind, I openly supported and acted on the recommendation.

I prey that this Honorable Court will consider the thousands of Victorian that use Cannabis rather then Alcohol for their recreational comforts, If so many people keep breaking the Laws then something must be wrong with the Laws, for today's society needs and requirements.

I prey that this Honorable Court will to recommended to the Victorian parliament the urgent need to review the Drugs Poisons and controlled Substance Act 9719/1981, as to lift the unlawful and unnecessary burden on the people of Victoria.

Complied and submitted on behalf the members of Bebuybac and all concerned Victorians, by Les McDonald, Email

"U" be the judge part 4

6th March 2006 Bebuybac to Leader of the Opposition Robert Doyle,".. For the last 25 years or so we have requested various Government Departments for any evidence whatsoever showing cause and reason why prohibition of cannabis should remain Unfortunately no solid evidence has been produced to this day.

23 March 2006 in reply. Helen Shardey MP, Shadow Minister For Health & Community Services, Your letter addressed to Mr Robert Doyle, There is growing evidence of a link between smoking and mental disorder... "

28th April 2006, Bebuybac to Helen Shardey MP, Shadow Minister For Health & Community Services, Received letter 23rd March 2006, In the early nineties, we made it known to both Federal and State Governments, our concern regarding the Health risk associated with smoking cannabis that had been grown indoors..." It would assist our research ..If you could forward a copy of any evidence that that supports such claims.

10th May 2006 In reply Helen Shardey MP, Shadow Minister For Health & Community Services, "I note the important issue you have raised. I will make sure I forward you any information which comes to my attention, on the link between cannabis use and mental illnesses"

13th June 2006 Bebuybac to The Hon. John Brumby, "... You may realise that the current legislation concerning cannabis has not worked in the best interest and future well-being of the Victorian public ... " copy Not here yet

13th June 2006 Bebuybac to Leader of the Liberal Party Ted Baillieu, "We are deeply concerned and point out, between 1996 and 2006 there has been over 150,000 Victorians convicted for cannabis related offenses. In one year alone (1996) Legal Aid spent 14 Million dollars on legal representation defending cannabis consumers that had pleaded Guilty.

6th July 2006 In reply, Leader of the Liberal Party Ted Baillieu Thank you for your letters April l3 & June 13 2006, The issue of Illegal drug use is certainly of major concern to all Victorians. Thank you for raising the issue with me. Kind regards Ted Baillieu

3rd December 2007, to Minister For Health Ms. Lisa Neville, "I point out that we wrote to the Victorian Health Department 1987 for any evidence whatsoever that supports Cannabis prohibition. Sill no evidence been received.".

16 January 2008 In reply, Minister For Mental Health, Per Gill Callister Executive Director Mental Heath and Drug Division. In late 2007, as part of the national Cannabis Strategy, the Australian Government established to provide the community with evidence-based information about cannabis, and to support alcohol and drug treatment services that treat cannabis dependence.

6th February 2008 Minister For Mental Health Ms Lisa Neville, We appreciate that the Victorian Government has changed several times, and these letters date from the last century, yet the situation remains the same today, We ask again is there any evidence on hand that supports cannabis prohibition?

"U" be the judge part 3

open to questioning your accountability and responsibility, as to the good being and welfare of the people of Victoria, as the matters raised are of public health Concern,..."

4th September 1992 In reply,Health Department Victoria, "... The Scientific evidence referred to in the Department's letter of 17 January, would be published in medical and scientific which are available to the public from book-shop and libraries ..."

10 December 2004, Bebuybac to The Premier, The Hon. Steve Bracks ..."it appears that the Government is supporting an unnecessary burden on the people of Victoria... Surely we can built a better way of Life" Prohibition has created an unnecessary burden on the people.. "

11 January 2005 In reply, Department of Premier and Cabinet, " seeking review of the cannabis legislation" ... Your Letter will be forwarded to the Attorney-General at the Department of Justice for consideration"

31 January 2005 Bebuybac, To Department of Justice, Annie Tinney (7 points raised) " there is growing concerns and unrest with in the Community, that the power to protect the people is to far removed from the elected Government of Victoria,

15 April 2005 In reply, Department of Justice, Your letter 10 December 2004, to the Hon. Steve Bracks MP, I acknowledge also your letters of 31 January and 3 April to Annie Tinney of this Department,

7th February 2006 Minister for Health Hon. Bronwyn Pike. :..As a result Australia first National Cannabis Strategy is currently under development and is undertaken by the Commonwealth Department of Health and Ageing..."

13th February 2006 Bebuybac to Minister for Health The Hon Bronwyn Pike,".. it appears that you may have overlooked addressing the most relevant question .. "We would be most grateful if you could forward at most convenient moment any evidence that shows cause and reason why Cannabis remains a prohibit substance

7th February 2006 Bebuybac to Ms Joanne Duncan (as to other Victorian MP) "In January 1997, the then Premier, Jeff Kennett announced the allocation more the $59 Million for the $100 million four year Turning the Tide Strategy,.. "the urgent need to amend the Drugs Poisons and Controlled Substance Act, ... "and include all the recommendations contained in the Premiers Drug Advisory Council.... Mainly recommendations 7.1 to 75 as to lift the unnecessary burden on the people of Victoria

9th February 2006 Bebuybac to The Hon John Brumby. " It could be said that this Act created a shadow of doubt of the Goverments ability to comperhend the use of cannabis, therefor, the youth generation of the day, ignored the Governments warnings and dangers of hard drugs such as Heroin...a fact"

10th February 2006 Bebuybac to The Premier of Victoria The Hon. Steve Bracks,"... the urgent need to review the Premiers Drug and Advisory Council report 1996, and to consider instatement of Recommendation 7.1 to 7.5 of that report.."