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
Wednesday, July 23, 2008
"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
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
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
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
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