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
Monday, May 26, 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
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 ?
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
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
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
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
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
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