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

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