Registrar’s Officer
Ballarat County Court Re:- Case Number X00340105
100 Grenville St
Ballarat 3350 27th October 2008
Dear Sir/Madam
I have your letter of the 20 October 2008, which raised the issue that your records disclosed that I am have no legal representation, by way of respect and courtesy to the Court, I offer in concise form the following explanation.
December 1979 I attended my solicitors office, present were a well known land developer, and the person that recommended the legal firm to me, Shortly after my solicitor informed me that he will take every thing that I had, and their was nothing I could do about it, Nothing he shouted nothing you can do will stop us.Arrogantly claiming that the (mick) Judges were stupid. The three would break into a foreign language, then claiming that "We run this country not the Government" .."wait till the year after 2000 you will see how good we are" after about twenty minutes of this abuse, I shook hands, and said to them well go for it then.
It is still unclear to myself as to what party was meant by "We run this country not the Government" was it referring the Legal Profession, or foreign organisation, whose main aim may not necessary rest in the best interest of the Australian people.
As I was deeply concerned about these threats made, by way of precaution by September 1980, I had raised my concerns with the appropriate authorities, including the Law Institute and Corporate Affairs, as my family companies Brogil Enterprises Pty. Ltd and Kamball Enterprises Pty Ltd had asset's, real estate of substantial value.
As a conspiracy to fraud began to appear implicating my solicitor and my business consultant I found need to engage another firm of solicitors, after a short time it was obvious that this solicitors had joined the others in the conspiracy, as yet another property had been removed for from my estate. Once again I engaged a new law firm to take action and act on my behalf. I need not express my disappointment in his conduct , as yet another property Parma House Hepburn Springs was removed from my dwindling estate.
Endeavouring to clarify things, I attended the office of the former Attorney-General Jim Kennan, he informed me he was aware of the situation, but the Government had little control over the matter at present and was trying to rectify the cause of the problem. I also raised my concerns with Liberal Attorney-General, Jan Wade, Later the Lay Observer Jan King. During 1993 was the last time that I engaged a member of the Victoria Legal profession, subsequently his performance confirmed the legal vendetta against myself continued.
I realised that there are many Legal firms in Victoria that act in their clients best interest in an open and honest way, I humbly apologise to any Legal firm or members of the Judicial system of Victorian that I may have offended over the last twenty years or so. I trust the above will satisfy Court as to show cause and reason why I have no Legal representation in the current matter before the Courts.
Yours sincerely, Les McDonald Defendant
Saturday, October 25, 2008
Thursday, October 23, 2008
"U" be the Judge Ballarat County Court received 22/10/08
COUNTY COURT OF VICTORIA, Ballarat County Court.
Leslie Earnest MCDonald
address
CROWN v Leslie MCDONALD
You have a case awaiting hearing in the County Court. Our records disclose that you are not legally represented.
You are required to attend, or telephone this office within five(5)working days of the date of this letter, in order to determine what steps you have taken to obtain legal representation.
If you do not attend or contact this office within (5) working days of the date of this letter, you will be required to attend before a Judge to answer the same questions.
If you have legal representation, please nortify this court immediately.
yours faithfully
signed
Fore registrar /Director
Criminal Trial Listing Directorate.
Leslie Earnest MCDonald
address
CROWN v Leslie MCDONALD
You have a case awaiting hearing in the County Court. Our records disclose that you are not legally represented.
You are required to attend, or telephone this office within five(5)working days of the date of this letter, in order to determine what steps you have taken to obtain legal representation.
If you do not attend or contact this office within (5) working days of the date of this letter, you will be required to attend before a Judge to answer the same questions.
If you have legal representation, please nortify this court immediately.
yours faithfully
signed
Fore registrar /Director
Criminal Trial Listing Directorate.
To the Director of Public Prosecutions 24/10/08
Office of Public Prosecutions Re:Case No. X00340105
Ms.RaeleeneMaxwell 24th October 2008 565 Lonsdale St
Melbourne VIC 3000
Dear Ms Raeleene Maxwell,or Concened,
In compliance with the Courts "Notice Of Provisions With Respect To Alibi"
Re: My alibi, The Cause and Reason for violating the Drugs Poison and Substance Act,
To Charge 1 Re- The property McIntyre Road Burkes Flat Was done in the best interest, .future health, and welfare of the people of Victoria, as to lift the unnecessary burden placed on the people of Victoria. Confirmation, as evidence of this contained in the defendant file and placed with Magistrates Court Marybrough April 3rd 2008
To Charge 2. Re:- The property Moliagul Djadja Wrung Land, Instigated by way of protecting the Aboriginal peoples Lore, rights, health and well-being. The Victoria Government is well aware the Indoor hydroponics grown cannabis is causing mental health risk to the Aboriginal People of Victoria, Confirmation, contained in the defendants file, submitted with the Horsham Magistrate Court 16 October 2008. also copy to The OPP officer.
To Charge 3 The defendant admits that he used cannabis around September 2007 when In South Australia , Based on thirty years research and experience, the defendant believes that It's far better for many citizens to use cannabis, rather then suffer the trauma alcohol inflicts oneself, the family and the wider community of Victoria.
This Ends of the Defendants Alibi Statement and to best of my knowledge I am willing swear under oath is true and correct.
Dated 24 October 2008
signed the Defendant Les McDonald -----------------------------------------
Part 2
I also take this opportunity to bring to your attention that I have not as yet, received the documents or evidence, (as in my letter dated 8th October 2008) which contradicts the advice of the Scrutiny of Acts and Regulations Committee. (1996). I was assured that it would be forthcoming in the near future, by your officer on the 13 August 2008.
Considering the time now passed, I would be grateful if you could forwarded copies of such. if any, at your earliest moment as the matter is now most urgent, being bases of my defence.
I thank you
Les McDonald
Ms.RaeleeneMaxwell 24th October 2008 565 Lonsdale St
Melbourne VIC 3000
Dear Ms Raeleene Maxwell,or Concened,
In compliance with the Courts "Notice Of Provisions With Respect To Alibi"
Re: My alibi, The Cause and Reason for violating the Drugs Poison and Substance Act,
To Charge 1 Re- The property McIntyre Road Burkes Flat Was done in the best interest, .future health, and welfare of the people of Victoria, as to lift the unnecessary burden placed on the people of Victoria. Confirmation, as evidence of this contained in the defendant file and placed with Magistrates Court Marybrough April 3rd 2008
To Charge 2. Re:- The property Moliagul Djadja Wrung Land, Instigated by way of protecting the Aboriginal peoples Lore, rights, health and well-being. The Victoria Government is well aware the Indoor hydroponics grown cannabis is causing mental health risk to the Aboriginal People of Victoria, Confirmation, contained in the defendants file, submitted with the Horsham Magistrate Court 16 October 2008. also copy to The OPP officer.
To Charge 3 The defendant admits that he used cannabis around September 2007 when In South Australia , Based on thirty years research and experience, the defendant believes that It's far better for many citizens to use cannabis, rather then suffer the trauma alcohol inflicts oneself, the family and the wider community of Victoria.
This Ends of the Defendants Alibi Statement and to best of my knowledge I am willing swear under oath is true and correct.
Dated 24 October 2008
signed the Defendant Les McDonald -----------------------------------------
Part 2
I also take this opportunity to bring to your attention that I have not as yet, received the documents or evidence, (as in my letter dated 8th October 2008) which contradicts the advice of the Scrutiny of Acts and Regulations Committee. (1996). I was assured that it would be forthcoming in the near future, by your officer on the 13 August 2008.
Considering the time now passed, I would be grateful if you could forwarded copies of such. if any, at your earliest moment as the matter is now most urgent, being bases of my defence.
I thank you
Les McDonald
"U" be the Judge Court Notice received 20/10/08
Notice of Provisions with respect to Alib1
IN THE MATTER of an information for an Offence WHEREIN
theInformant is HOBSON, MICHALE ASHLEY (UNI- INGLEWOOD)
and
the Defendant MCDONALD, LESLIE,EARNEST
Description of Charges
1.CULTIVATE NORCOTIC PLANT-CANNABIS
2.CULTIVATE NORCOTIC PLANT-CANNABIS
TO THE ABOVENAMED DEFENDANT:
TAKE NOTICE that under the provisions of Section 399A of the Crimes Act 1958 an accused person who has bee committed for trial is not entitled at his trial, without leave of the Court, to establish an alibi unless he gives notice of particulars of the alibi either during or at the end of the committal proceedings or to the state director ofthe Public Prosecutions with in ten days after his committal. A copy of the said Section is attached to this notice (to be continued) dated 16/10/2008
IN THE MATTER of an information for an Offence WHEREIN
theInformant is HOBSON, MICHALE ASHLEY (UNI- INGLEWOOD)
and
the Defendant MCDONALD, LESLIE,EARNEST
Description of Charges
1.CULTIVATE NORCOTIC PLANT-CANNABIS
2.CULTIVATE NORCOTIC PLANT-CANNABIS
TO THE ABOVENAMED DEFENDANT:
TAKE NOTICE that under the provisions of Section 399A of the Crimes Act 1958 an accused person who has bee committed for trial is not entitled at his trial, without leave of the Court, to establish an alibi unless he gives notice of particulars of the alibi either during or at the end of the committal proceedings or to the state director ofthe Public Prosecutions with in ten days after his committal. A copy of the said Section is attached to this notice (to be continued) dated 16/10/2008
Sunday, October 19, 2008
Letter to Peter Walsh MP
The following is to my local MP. I find it very disturbing that the court system in Victoria, has removed the peoples rights, by way stealth, It would assist if you could forward on to any person that are concerned about this matter or this country,
Thanks Les
Peter Walsh MP
Deputy Leader Of The Nationals 20 October 2008
274 Campbell St
Swan Hill 3585
Dear Mr. Peter Walsh
Re: Accountability of Government Departments & Loss of Human Rights
I write as it now appears that Victorian Government, is to far removed from protecting the people rights, and is under the control or influence of private professional Club. I ask you to consider the following:-
Firstly Please find enclosed herewith copies of letters dated:-
1st July 2008 to the Attorney-General Rob Hulls requesting the to clarify to two legal issues. Submitted the public best interest. (note enclosures not included)
13th August 2008 From and on behalf of the Attorney-General Rob Hulls, "These matters you raised are legal issues, neither the Attorney-General nor any public servant can provide you with legal advice about your matter."
It is very disturbing to now learn that the Victorian public can not get the simple answers to legal issues raised, by the Attorney-General or any public servant. Surely, the Attorney-General has a duty to the people of Victoria.
Secondly It has been brought to our attention that changes to Criminal Procedure Legislation Amendment Act 2008, has taken away the rights of the Citizens of Victoria when appearing before the Courts in "Reserving Pleas" It is very disappointing that the general public of Victoria were not widely consulted on the changes (Assented to 18 March 2008) considering the affect these changes will have on so many people lives.
I ask if you could please bring to the Attorney-General attention the great disappointment felt, in the performance shown by his office, by failing to answer legal issues in a reasonable and proper manner and as expected by general public of Victoria. Considering the public at most times only need to clarify legal issues when the matters are before the Court.
As to the second matter raised, I ask, Were the people of Victoria make aware of the Courts actions changes that removed their rights to "reserve their plea" when facing Courts. No doubt! Victorians loss of human rights. I am sure you will agree.
I thank you.
Yours sincerely, Les McDonald
P.s For further concerns regarding the power of the legal profession holds, please refer to our the letter to you dated 22 July 2006.
Thanks Les
Peter Walsh MP
Deputy Leader Of The Nationals 20 October 2008
274 Campbell St
Swan Hill 3585
Dear Mr. Peter Walsh
Re: Accountability of Government Departments & Loss of Human Rights
I write as it now appears that Victorian Government, is to far removed from protecting the people rights, and is under the control or influence of private professional Club. I ask you to consider the following:-
Firstly Please find enclosed herewith copies of letters dated:-
1st July 2008 to the Attorney-General Rob Hulls requesting the to clarify to two legal issues. Submitted the public best interest. (note enclosures not included)
13th August 2008 From and on behalf of the Attorney-General Rob Hulls, "These matters you raised are legal issues, neither the Attorney-General nor any public servant can provide you with legal advice about your matter."
It is very disturbing to now learn that the Victorian public can not get the simple answers to legal issues raised, by the Attorney-General or any public servant. Surely, the Attorney-General has a duty to the people of Victoria.
Secondly It has been brought to our attention that changes to Criminal Procedure Legislation Amendment Act 2008, has taken away the rights of the Citizens of Victoria when appearing before the Courts in "Reserving Pleas" It is very disappointing that the general public of Victoria were not widely consulted on the changes (Assented to 18 March 2008) considering the affect these changes will have on so many people lives.
I ask if you could please bring to the Attorney-General attention the great disappointment felt, in the performance shown by his office, by failing to answer legal issues in a reasonable and proper manner and as expected by general public of Victoria. Considering the public at most times only need to clarify legal issues when the matters are before the Court.
As to the second matter raised, I ask, Were the people of Victoria make aware of the Courts actions changes that removed their rights to "reserve their plea" when facing Courts. No doubt! Victorians loss of human rights. I am sure you will agree.
I thank you.
Yours sincerely, Les McDonald
P.s For further concerns regarding the power of the legal profession holds, please refer to our the letter to you dated 22 July 2006.
Friday, October 17, 2008
Court Day 18 October 2008 Horsham "U" be the Judge
The following placed on the defendant court file on Thursday 16th October 2008, including all correspondence (in full) marked 1 to 18, unfortunately during this hearing the defendant was advised that the Magistrates Court Act 1989 had been amended, which had affected the defendants defence, New laws regarding the Victorian Constitution Act 1975, may also hinder the defence. It was pointed that these changers to the court Act were made some time after the beginning of this matter, His Hon. said that makes no difference the New amendments are now in force.
Magistrates Court Horsham 22 Roberts Ave
Horsham 3400
Dear Clerk /Coordinator of Courts
Re: Case No. X00340105, Listed 16 October 2008,
Informant: Micheal A. Hobson
Defendant Leslie E McDonald
Charge 1. The Defendant at Burkes Flat on 30/01/08 did cultivate a narcotic plant, namely cannabis.
The Defendant reserves his plea on this charge,
Charge 2. The Defendant at Moliagul Flat on 30/01/08 did cultivate a narcotic plant, namely cannabis.
The Defendant request the Court to clarify the Jurisdiction of the Courts, over the Aboriginal People of Victoria,
Charge 3. The Defendant at Burkes Flat on September 2007 did use a drug of dependence namely cannabis
The Defendant admits that he used Cannabis in September 2007, when staying in South Australia, at that time,
As to assist the Court please find enclosed herewith relating to the issues of Jurisdiction over the Aboriginal people of Victoria
Documents and letters submitted be the Defendant, relevant to this matter, Number 1 to 18 which the Defendant is willing to swear on oath are to true and correct copies
Les McDonald ----------------------------------------
The following list of Documents and Letters in support of the Defendant
1994 Senior citizens raised and brought to the attention AEV, that in door grown cannabis had caused, them problems after using, Them had used cannabis regally of some years. and believed it was the Chemicals used when growing, it was noted.
1996 The Kennett Government, had formed The Premiers Drug Advisory Council. Chairman Professor David Peninton table his report on the 13th May, However the Government rejected recommendation 7.1 to 7.5 of the report. It appeared that the Government was more concerned about lawyers wealth then the peoples health, Considering over 10 $ Million is paid out each year by Victorian legal Aid legal defending cannabis users that Plead Guilty. (1)
6th August 1996 AEV to Scrutiny of Acts and Regulations Committee, "I write to request a copy of the "Current Act" the gave the Victorian Government power to make laws for peace order and good government for the Indigenous people. " (2)
26 August 1996 from the Scrutiny of Acts and Regulations Committee, to Les McDonald Chief Justice, Aboriginal Embassy Victoria, " I am unaware of any Act which gives the Victorian Government the Power to make laws for peace, order and good government for indigenous people. Signed Helen M. Mason Executive Officer ." (3)
2000. Organic grow Cannabis had almost extinct, Man adulterated Hydroponics grown cannabis had taken over, again Man had altered what the creator had provided, At this time many adults were reporting some mental effect after use, (which still is the case today), It was decided that the recommendation 7.1 and &.2 of Professor David Peninton report. be adopted to protect the mental well-being of our people, the Aboriginal people of Victoria.
8th June 2005, Media release from the Minister for Aboriginal Affairs, Gavin Jennings, read as "From July 1 ATSIC regional councils end and there will be no formal representative structure in Victorian for Government to hear views of Indigenous People" (4)
20th February 2006 to The Premier of Victoria Steve Bracks, bringing to his attention, the current laws has inflicted an unnecessary tax on the people , mentally, physical and financially, The laws surrounding cannabis use, possession and cultivation do not support our present community needs and demands. and requesting to amend the Drugs Poisons and controlled substance Act 1981 (5)
13th November 2007 Aboriginal Advancement League "In the early nineties, we made it know to both Federal and State Governments, our concerns regarding the health risk associated with smoking cannabis that had been grown indoors, chemical enhanced, adulterated cannabis may cause a form of psychosis" (6)
4th December 2007 AEV found need to inform all know Aboriginal organization, that "The only way that we can remove the health risk facing our people, and the logical way is to change the current State Laws.." (7) :
1st January 2008 Charter of Human Rights and Responsibilities Act 2006 Act No. 43/2006 had came into affect, this is the first Act in Victoria (in part) Aboriginal persons hold distinct cultural rights and must not be denied the right, and to maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs.
31st January 2008 To Lieutenant Governor of Victoria Chief Justice Mariln Warren, Notice, with in the Aboriginal People of Victoria . Signed Beryl Booth Ambassador (8)
5th February 2008 From in reply on behalf Lieutenant Governor of Victoria Chief Justice Mariln Warren, On behalf of the Chief Justice I thank you for your letter of 31 January 2008. signed Viveenne Macgillivary Executive Associate to the Chief Justice (9)
12th February 2008 AEV to Minister for Mental Health Ms. Lisa May Neville, Considering the State of Victoria, has no proper legislated power to make laws for the Aboriginal People of Victoria" ".. the Department of Health had been made aware in 1996 that hydroponics grown cannabis may cause some mental harm to some users of Cannabis." Knowingly causing and aiding a mental health risk on the Aboriginal people of Victoria " (10)
14th February 2008 in reply from Minister for Mental Health Ms. Lisa May Neville, "your letter is currently under consideration and a response will be forthcoming shortly. (11)
1st April 2008 AEV To Senior Constable Micheal Hobson, (7 enclosures) Considering the contents of the .. Which leaves open to question the Jurisdiction of the Courts in Victoria. Which I feel must be clarified in the first instance. (12)
8th April 2008 Marybrough Magistrates Court Informant Micheal Hobson, Defendant Les McDonald founder of bebuybac the Concerned Australians, Chief Lore Officer Aboriginal Embassy Victoria. In answer to Charge 1. the Defendant reserves his plea on this, Charge 2. The Defendant request the Court to clarify the Jurisdiction of the Courts over the Aboriginal People of Victoria. Charge 3. The Defendant admits that he used Cannabis in September 2007, when staying in South Australia. (13)
1st July To the Attorney-General Rob Hulls, Re Court Jurisdiction, 1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal people 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. (14)
21st July 2008 To Minister for Mental Health Ms. Lisa May Neville. "Letter of 12 February 2008 , which raised the doubt over the Victorian Parliament/Government powers to make laws for the indigenous people of Victoria" (15)
3rd August 2008 To the Attorney-General Rob Hulls, Re Court Jurisdiction, I write to bring to your attention that as yet I have not received any response to the urgent issues raised in my letter date July 2008. 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. (16)
13th August 2008 From Department of Justice on behalf of Attorney-General Rob Hulls... "Matters you raise are legal issues; neither the Attorney-General nor any public servant can provide you with legal advice about your matter" (17)
Charter of Human Rights and Responsibilities Act 2006 No. 43 of 2006 (18)
Charter of Human Rights and Responsibilities Act 2006 No. 43 of 2006
Division 3—Interpretation of laws
32 Interpretation
(1) So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.
(2) International law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision.
(3) This section does not affect the validity of—
(a) an Act or provision of an Act that is incompatible with a human right; or
(b) a subordinate instrument or provision of a subordinate instrument that is incompatible with a human right and is empowered to be so by the Act under which it is made.
33 Referral to Supreme Court
(1) If, in a proceeding before a court or tribunal, a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter, that question may be referred to the Supreme Court if—
(a) a party has made an application for referral; and
(b) the court or tribunal considers that the question is appropriate for determination by the Supreme Court.
(2) If a question has been referred to the Supreme Court under subsection (1), the court or tribunal referring the question must not—
(a) make a determination to which the question is relevant while the referral is pending; or
(b) proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question.
(3) If a question is referred under subsection (1) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal.
(4) Despite anything contained in any other Act, if a question arises of a kind referred to in subsection (1), that question may only be referred to the Supreme Court in accordance with this section.
34 Attorney-General's right to intervene
s. 34
(1) The Attorney-General may intervene in, and may be joined as a party to, any proceeding before any court or tribunal in which a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter.
(2) If the Attorney-General intervenes in a proceeding under this section, then, for the purpose of the institution and prosecution of an appeal from an order made in that proceeding, the Attorney-General may be taken to be a party to the proceeding.
Magistrates Court Horsham 22 Roberts Ave
Horsham 3400
Dear Clerk /Coordinator of Courts
Re: Case No. X00340105, Listed 16 October 2008,
Informant: Micheal A. Hobson
Defendant Leslie E McDonald
Charge 1. The Defendant at Burkes Flat on 30/01/08 did cultivate a narcotic plant, namely cannabis.
The Defendant reserves his plea on this charge,
Charge 2. The Defendant at Moliagul Flat on 30/01/08 did cultivate a narcotic plant, namely cannabis.
The Defendant request the Court to clarify the Jurisdiction of the Courts, over the Aboriginal People of Victoria,
Charge 3. The Defendant at Burkes Flat on September 2007 did use a drug of dependence namely cannabis
The Defendant admits that he used Cannabis in September 2007, when staying in South Australia, at that time,
As to assist the Court please find enclosed herewith relating to the issues of Jurisdiction over the Aboriginal people of Victoria
Documents and letters submitted be the Defendant, relevant to this matter, Number 1 to 18 which the Defendant is willing to swear on oath are to true and correct copies
Les McDonald ----------------------------------------
The following list of Documents and Letters in support of the Defendant
1994 Senior citizens raised and brought to the attention AEV, that in door grown cannabis had caused, them problems after using, Them had used cannabis regally of some years. and believed it was the Chemicals used when growing, it was noted.
1996 The Kennett Government, had formed The Premiers Drug Advisory Council. Chairman Professor David Peninton table his report on the 13th May, However the Government rejected recommendation 7.1 to 7.5 of the report. It appeared that the Government was more concerned about lawyers wealth then the peoples health, Considering over 10 $ Million is paid out each year by Victorian legal Aid legal defending cannabis users that Plead Guilty. (1)
6th August 1996 AEV to Scrutiny of Acts and Regulations Committee, "I write to request a copy of the "Current Act" the gave the Victorian Government power to make laws for peace order and good government for the Indigenous people. " (2)
26 August 1996 from the Scrutiny of Acts and Regulations Committee, to Les McDonald Chief Justice, Aboriginal Embassy Victoria, " I am unaware of any Act which gives the Victorian Government the Power to make laws for peace, order and good government for indigenous people. Signed Helen M. Mason Executive Officer ." (3)
2000. Organic grow Cannabis had almost extinct, Man adulterated Hydroponics grown cannabis had taken over, again Man had altered what the creator had provided, At this time many adults were reporting some mental effect after use, (which still is the case today), It was decided that the recommendation 7.1 and &.2 of Professor David Peninton report. be adopted to protect the mental well-being of our people, the Aboriginal people of Victoria.
8th June 2005, Media release from the Minister for Aboriginal Affairs, Gavin Jennings, read as "From July 1 ATSIC regional councils end and there will be no formal representative structure in Victorian for Government to hear views of Indigenous People" (4)
20th February 2006 to The Premier of Victoria Steve Bracks, bringing to his attention, the current laws has inflicted an unnecessary tax on the people , mentally, physical and financially, The laws surrounding cannabis use, possession and cultivation do not support our present community needs and demands. and requesting to amend the Drugs Poisons and controlled substance Act 1981 (5)
13th November 2007 Aboriginal Advancement League "In the early nineties, we made it know to both Federal and State Governments, our concerns regarding the health risk associated with smoking cannabis that had been grown indoors, chemical enhanced, adulterated cannabis may cause a form of psychosis" (6)
4th December 2007 AEV found need to inform all know Aboriginal organization, that "The only way that we can remove the health risk facing our people, and the logical way is to change the current State Laws.." (7) :
1st January 2008 Charter of Human Rights and Responsibilities Act 2006 Act No. 43/2006 had came into affect, this is the first Act in Victoria (in part) Aboriginal persons hold distinct cultural rights and must not be denied the right, and to maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs.
31st January 2008 To Lieutenant Governor of Victoria Chief Justice Mariln Warren, Notice, with in the Aboriginal People of Victoria . Signed Beryl Booth Ambassador (8)
5th February 2008 From in reply on behalf Lieutenant Governor of Victoria Chief Justice Mariln Warren, On behalf of the Chief Justice I thank you for your letter of 31 January 2008. signed Viveenne Macgillivary Executive Associate to the Chief Justice (9)
12th February 2008 AEV to Minister for Mental Health Ms. Lisa May Neville, Considering the State of Victoria, has no proper legislated power to make laws for the Aboriginal People of Victoria" ".. the Department of Health had been made aware in 1996 that hydroponics grown cannabis may cause some mental harm to some users of Cannabis." Knowingly causing and aiding a mental health risk on the Aboriginal people of Victoria " (10)
14th February 2008 in reply from Minister for Mental Health Ms. Lisa May Neville, "your letter is currently under consideration and a response will be forthcoming shortly. (11)
1st April 2008 AEV To Senior Constable Micheal Hobson, (7 enclosures) Considering the contents of the .. Which leaves open to question the Jurisdiction of the Courts in Victoria. Which I feel must be clarified in the first instance. (12)
8th April 2008 Marybrough Magistrates Court Informant Micheal Hobson, Defendant Les McDonald founder of bebuybac the Concerned Australians, Chief Lore Officer Aboriginal Embassy Victoria. In answer to Charge 1. the Defendant reserves his plea on this, Charge 2. The Defendant request the Court to clarify the Jurisdiction of the Courts over the Aboriginal People of Victoria. Charge 3. The Defendant admits that he used Cannabis in September 2007, when staying in South Australia. (13)
1st July To the Attorney-General Rob Hulls, Re Court Jurisdiction, 1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal people 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. (14)
21st July 2008 To Minister for Mental Health Ms. Lisa May Neville. "Letter of 12 February 2008 , which raised the doubt over the Victorian Parliament/Government powers to make laws for the indigenous people of Victoria" (15)
3rd August 2008 To the Attorney-General Rob Hulls, Re Court Jurisdiction, I write to bring to your attention that as yet I have not received any response to the urgent issues raised in my letter date July 2008. 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. (16)
13th August 2008 From Department of Justice on behalf of Attorney-General Rob Hulls... "Matters you raise are legal issues; neither the Attorney-General nor any public servant can provide you with legal advice about your matter" (17)
Charter of Human Rights and Responsibilities Act 2006 No. 43 of 2006 (18)
Charter of Human Rights and Responsibilities Act 2006 No. 43 of 2006
Division 3—Interpretation of laws
32 Interpretation
(1) So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.
(2) International law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision.
(3) This section does not affect the validity of—
(a) an Act or provision of an Act that is incompatible with a human right; or
(b) a subordinate instrument or provision of a subordinate instrument that is incompatible with a human right and is empowered to be so by the Act under which it is made.
33 Referral to Supreme Court
(1) If, in a proceeding before a court or tribunal, a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter, that question may be referred to the Supreme Court if—
(a) a party has made an application for referral; and
(b) the court or tribunal considers that the question is appropriate for determination by the Supreme Court.
(2) If a question has been referred to the Supreme Court under subsection (1), the court or tribunal referring the question must not—
(a) make a determination to which the question is relevant while the referral is pending; or
(b) proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question.
(3) If a question is referred under subsection (1) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal.
(4) Despite anything contained in any other Act, if a question arises of a kind referred to in subsection (1), that question may only be referred to the Supreme Court in accordance with this section.
34 Attorney-General's right to intervene
s. 34
(1) The Attorney-General may intervene in, and may be joined as a party to, any proceeding before any court or tribunal in which a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter.
(2) If the Attorney-General intervenes in a proceeding under this section, then, for the purpose of the institution and prosecution of an appeal from an order made in that proceeding, the Attorney-General may be taken to be a party to the proceeding.
Wednesday, October 8, 2008
Letter to OPP (08/10/08
Office of Public Prosurcutions
Ms.Raeleene Maxwell
565 Lonsdale 8th October 2008
Melbourne VIC 3000
Dear Ms Raeleene Maxwell Re:Case No. X00340105
I write to bring to you attention a number of issue concerning this matter:-
Firstly, I received the Statement by M. A. Casley Senior Constable, plus photos, which. I thank you for.
Secondly, To make you aware that I have been disadvantaged by an error of judgement made at the Marybrough Court on the 8th April 2008, As the Magistrate may have erred in this ruling, as I reside closer to Marybrough and the Moligul property is where more major offence occurred. For your convenience I have enclosed copies of letter "complaint" dated:-
16Th July 2008 To Senior Registrar Stephen Merbach Ballarat, which highlights my reason for concern.
I feel aggrieved by the action of the Magistrate at the Marybrough Magistrates' Court on the 8th April 2008, and at the St. Arnaud Magistrates Court. 22 May 2008. I trust that any further matters are dealt with in the appropriate Ballarat Court. not the Horsham Courts.
As you are aware of my position and role with in the Aboriginal community, I only ask to be given the same opportunity and courtesy given to others in our community, and as expected by the general public of Victoria.
Thirdly I have also enclosed herewith, a copy, of Sruntiny of Acts and Regulations Committee Executive Officer Helen M Mason, dated 26 August 1996 Which demonstrates the fact that the Victoria Government has no legislated Act, to make laws order and good government for the Indigenous People of Victoria. I note that Victorian Constitution Act 1975 No. 88750 does not mention the Aboriginal People at all.
Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would be appreciated if you could forward copies of such at your most earliest moment.
Yours sincerely
Les McDonald
Ms.Raeleene Maxwell
565 Lonsdale 8th October 2008
Melbourne VIC 3000
Dear Ms Raeleene Maxwell Re:Case No. X00340105
I write to bring to you attention a number of issue concerning this matter:-
Firstly, I received the Statement by M. A. Casley Senior Constable, plus photos, which. I thank you for.
Secondly, To make you aware that I have been disadvantaged by an error of judgement made at the Marybrough Court on the 8th April 2008, As the Magistrate may have erred in this ruling, as I reside closer to Marybrough and the Moligul property is where more major offence occurred. For your convenience I have enclosed copies of letter "complaint" dated:-
16Th July 2008 To Senior Registrar Stephen Merbach Ballarat, which highlights my reason for concern.
I feel aggrieved by the action of the Magistrate at the Marybrough Magistrates' Court on the 8th April 2008, and at the St. Arnaud Magistrates Court. 22 May 2008. I trust that any further matters are dealt with in the appropriate Ballarat Court. not the Horsham Courts.
As you are aware of my position and role with in the Aboriginal community, I only ask to be given the same opportunity and courtesy given to others in our community, and as expected by the general public of Victoria.
Thirdly I have also enclosed herewith, a copy, of Sruntiny of Acts and Regulations Committee Executive Officer Helen M Mason, dated 26 August 1996 Which demonstrates the fact that the Victoria Government has no legislated Act, to make laws order and good government for the Indigenous People of Victoria. I note that Victorian Constitution Act 1975 No. 88750 does not mention the Aboriginal People at all.
Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would be appreciated if you could forward copies of such at your most earliest moment.
Yours sincerely
Les McDonald
Subscribe to:
Posts (Atom)