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
Monday, June 30, 2008
"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
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
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
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
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
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