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.."

"U" be the judge part 2

How ever recommendation 7.1-7.5 were not supported, This raised the public unrest and concerns, leaving open to questions, how many members of the then Parliament has connection within the ranks of legal profession of Victoria, creating a conflict of interest.

1997 January. The Premier Jeff Kennett, announced the allocation of more than $59 million for the $100 million four year, turning the Tide the Tide Strategy.

The following, is copys of correspondence most relevant to this matter

8th August 1988 BeBuybac to Parliamentary Joint Committee on the National Crime Authority Chairman Mr. Pert Cleeland MP. Submission 4 pages

19 August 1988 In reply Parliamentary Joint Committee on the National Crime Authority Chairman Mr. Pert Cleeland MP

17th November 1991, Bebuybac to The Premier The Hon. Joan Kirner, .."The Australian Legislation concerning drugs has only been determined by moves at the International Level. The Geneva Convention of 1925 added Cannabis to the list".."I am sure you will agree with us, that the Law's must be seen to be just, in touch with reality, and to be changed to suit the needs of our present and future society,.."

6th December 1991 In reply Department of Premier and Cabinet, The Premier has asked me to thank ....and advise you that the matters you have raised fall within the areas of responsibility of the Minister for Health, Accordingly, your letter has been forwarded to the Chief General Manger...."

22 November 1991 Bebuybac to The Prime Minister The Hon. Bob Hawke, Re; Cannabis United National Trust "unemployment System Plan 1991. To consider the law concerning Cannabis was formatted at the International level only, "The Geneva Convention 1925" Then further consider that the Law may not be in the best interest of the people of Australia,"

7 January 1992 In reply Attorney-Generals Department, I refer to your letter dated 22 November ....Your Views and recommendations on how the present unemployment situation might be turned around by means of a scheme to register growers and retailers of Cannabis, as well as to license individual users. have been noted carefully.

13th December 1991 BebuyBac to The Premier The Hon. Joan Kirner,.." have enclosed a copy of the "Age" 2nd December 1991 "Judge Queries Drug Prohibition" It appears that Justice KIrby is also concerned that our Drug Laws have not been passed in a proper manner as under our Constitution,

13 January 1992 In Reply Attorney-Generals Department, Legalisation of Marijuana, . Unfortunately the Attorney cannot comment on this subject, as it lies outside his portfolio.... Which is administered by the Minister for Health .

8th August 1992 Bebuybac to Health Department Victoria .." it may well be the case that your department has forwarded information that it can not now ascertain, this leaving

"U" be the judge part I

To the Court

In the matter of Leslie McDonald the Defendant states:-

I Leslie Ernest McDonald, founder of Bebuybac The Concerned Australians, request this Honorable Court to consider the reasons for violating the Drugs Poisons and controlled Substance Act 9719/1981, this being done with in the best interest and future well-being of the people of Victoria in mind

as to assure and uphold the peoples faith in the integrity of the Court's.
as in the best interest health and future wellbeing of the people of Victoria,
as to lift the unnecessary burden placed on the people of Victoria.
as show the current cannabis laws hinder today's society needs and demands. and has caused a division amongst the people of Victoria
as to curtail the growing public cost in cannabis prohibition
and as to question the Victorian Governments intentions and accountability

As to show cause and reasons, I offer the following:-

The Victorian Parliament amended the Drugs Poisons and Controlled Substance Act 1981. and included Cannabis along side Heroin and Cocaine. Note, that the Australian Government Department of Health and Aging, National Drug Strategy Monograph Series N0. 25 S. 4.1 Cannabis the drug. States that "Cannabis has been erroneously classified as a narcotic"
(annexed Marked 1 page copy National Drug Strategy)

In brief, doubt raised over Cannabis laws at the Federal Level

It was brought to attention (1975) that the laws concerning Cannabis were only formatted at the international level, Some Years later the former Minister for Foreign Affairs The Hon Garth Evans confirmed the fact, he also made in known that the laws surround cannabis had not complied with the Australian Constitution added to this Mr. Justice Kirby (The Age 2nd December 1991) "Judge queries drug prohibition " Mr. Justice ...said Australian drug laws and policies had developed more as a response to international pressure ...prohibition had come to dominate Australian drug laws and policy, while alternative regulatory policy had never been seriously considered (annexed Marked 2 letter 13th December 1991)

During 1996 the Kennett Goverment formed the Primers Drug Advisory Council Chairman Professor David Pennington, 31st May, his report was presented to Parlaiment, 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 household for personal use should no longer be an offence.

Continued to 7.3-7.12 (annexed herewith Marked 3 retyped copy 7.1-7.5)