Letter from Magistrates Court Victoria 17/11/08 received 1st December 2008
Mr McDonald
address
Dear Mr. McDonald
Case Number X0034105
I acknowledge receipt of your letter dated 24 November 2008 and received by me in chambers on 25 November 2008
I have referred your request to the Court's administration who will investigate this matter and respond to your concerns in due course.
Yours faithfully
signed
Ian L. Gray
Chief Magistrate
cc. Mr. Rob Challis, Team Leader. CEO Office MCV
Sunday, November 30, 2008
Saturday, November 22, 2008
"U" be the judge " Chief Magisratre 24/11/08
Chief Magistrate
Melbourne Magistrates' Court
233 William Street,
GPO Box 882G, Melbourne, 3001 24th November 2008
Dear Chief Magistrate Ian L Gray
I write to bring to your attention the dissatisfaction experience with the Magistrates Court Horsham. (Re; Case No X00340105)
I have been advised that all person (including aboriginals) can obtain a copy of the audio recording concerning their matter in the Magistrates Court, I assume this is still the case today.
Shortly after the hearing I forwarded the application form requesting a copy of the audio recording, heard at the Horsham Magistrates' Court heard on the 16 October 2008. (Copy of "Advice Of Hearing Date" enclosed herewith) which at this date yet I still have not received.
The matter was marked down for Case Conference hearing at the Ballarat County Court on the 18th November 2008, Which I attended, at the beginning I was handed a "Transcript" Defence Copy, relating the hearing at Horsham Magistrates Court as above. For your convenience, I have also enclosed herewith. copy of the CD label
I find it very strange if not quite disturbing, that Transcript reads "County Court" and not The Horsham Magistrates Court, and plus many parts that may be relevant to my defence have been overlooked in this Transcript Copy. What is going on!
As the matter is still in process, I ask if you can inquire the reason why I have not been given a true and complete copy of the Audio Recording of the Magistrates Court Hearing, or inform me who I can now obtain such copy.
I only ask for a fair a Just Go
Yours faithfully
Les McDonald
Melbourne Magistrates' Court
233 William Street,
GPO Box 882G, Melbourne, 3001 24th November 2008
Dear Chief Magistrate Ian L Gray
I write to bring to your attention the dissatisfaction experience with the Magistrates Court Horsham. (Re; Case No X00340105)
I have been advised that all person (including aboriginals) can obtain a copy of the audio recording concerning their matter in the Magistrates Court, I assume this is still the case today.
Shortly after the hearing I forwarded the application form requesting a copy of the audio recording, heard at the Horsham Magistrates' Court heard on the 16 October 2008. (Copy of "Advice Of Hearing Date" enclosed herewith) which at this date yet I still have not received.
The matter was marked down for Case Conference hearing at the Ballarat County Court on the 18th November 2008, Which I attended, at the beginning I was handed a "Transcript" Defence Copy, relating the hearing at Horsham Magistrates Court as above. For your convenience, I have also enclosed herewith. copy of the CD label
I find it very strange if not quite disturbing, that Transcript reads "County Court" and not The Horsham Magistrates Court, and plus many parts that may be relevant to my defence have been overlooked in this Transcript Copy. What is going on!
As the matter is still in process, I ask if you can inquire the reason why I have not been given a true and complete copy of the Audio Recording of the Magistrates Court Hearing, or inform me who I can now obtain such copy.
I only ask for a fair a Just Go
Yours faithfully
Les McDonald
Wednesday, November 19, 2008
"U" be the judge " County Court Ballarat 17/11/08
Filed with the OPP 18 November 2008
Ballarat County Court
Case Conference 18/11/08
Case No. X00340105 and File No CR-08-01796.
Informant.... S.C. Micheal Hobson
Defendant.... Leslie Enrest McDonald the Defendant
I Leslie Ernest McDonald the Defendant here by states that
This matter started on the:-
8th April 2008 Mention at the Maryborough Magistates' Court, I file my defence with the Court on the 3rd April 2008, which raised the question of Court Jurisdiction over the Aboriginal people of Victoria. I maintain the Magistrate erred when ordering the case to St Arnaud Magistrates Court. which he set aside 2 hours to address the Jurisdiction matter.
11 April 2008 Letter to Chief Magistrates, "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" Copy marked (LMD 1).
13 May 2008 Letter from the Chief Magistrate Ian L. Gray, "I note ... I will not change change the contest mention venue at this late stage. To do so now would cause further delay"
16 April 2008 Copy marked (LMD 2)
16 May 2008 Letter to Chief Magistrate Ian L Gray, " I have been advised that if the 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" Copy marked (LMD 3)
19 May 2008 Letter from Chief Magistrate Ian L. Gray 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 the objection at the contest mention on the 22 May" Copy marked (LMD 4)
22 May 2008 Contest Mention at St Arnaud Magistrates' Court, Magistrate Mr Capell, was disapointed that I had raised my concerns with the Chief Magistrate, the question of the courts jurisdiction over the aboriginal people should be to a higher court made, resulted it the matter to be heard at the Horsham Magistrates Court . The informant was not present.
.
13 August 2008 Committal Mention at Horsham Magistrates' Court, Prior conference with, Ms Raeleene Maxwell (OPP) after perusing the documented evidence, requested my consent for the matter to be adjourned as she could not answers the matter of Jurisdiction .Subsequently no ruling was made on the jurisdiction question by Magistrate
8th October 2008 Letter to OPP "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.
Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would appreciated if you could forward copies of such at your most earliest moment" Copy marked (LMD 5)
16 October 2008 Committal Horsham Magistrates' Court Magistrate Mr Capall, he inquired if the jurisdiction question had been addressed prior by Magistrate Merkel, he was assured that it had been addressed. Mr Capell pointed out the great distance for witness Ms Kylie Slattery travel, in respect to the court, I agreed to Tele link.
It is very disturbing that as yet the Office of Public Prosecution has not or can not as yet forward any documented evidence that gives the Victoria Government the power to make laws for peace, order and good Government for the Aboriginal people of Victoria, being one the main bases of my defence.
Note the Victorian Constitution 1855 or 1975 makes no reference to the Aboriginal people, and their for has no meaning or standing with in the Aboriginal community.
It would be total unreasonable for Magistrates or Judges to only assume Parliament, and the Courts have jurisdiction over the Aboriginal people of Victoria. Accountability is now a must.
I humble ask this Court to order the Office of Public Prosecution to forward any documentation or evidence that gives the Victorian Parliament the legislated power to make laws for peace order and good government of the Aboriginal people of Victoria.
This ends the Statement of the Defendant Leslie Ernest McDonald Chief Lore Officer, Aboriginal Embassy Victoria,
Date 17th November 2008
Ballarat County Court
Case Conference 18/11/08
Case No. X00340105 and File No CR-08-01796.
Informant.... S.C. Micheal Hobson
Defendant.... Leslie Enrest McDonald the Defendant
I Leslie Ernest McDonald the Defendant here by states that
This matter started on the:-
8th April 2008 Mention at the Maryborough Magistates' Court, I file my defence with the Court on the 3rd April 2008, which raised the question of Court Jurisdiction over the Aboriginal people of Victoria. I maintain the Magistrate erred when ordering the case to St Arnaud Magistrates Court. which he set aside 2 hours to address the Jurisdiction matter.
11 April 2008 Letter to Chief Magistrates, "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" Copy marked (LMD 1).
13 May 2008 Letter from the Chief Magistrate Ian L. Gray, "I note ... I will not change change the contest mention venue at this late stage. To do so now would cause further delay"
16 April 2008 Copy marked (LMD 2)
16 May 2008 Letter to Chief Magistrate Ian L Gray, " I have been advised that if the 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" Copy marked (LMD 3)
19 May 2008 Letter from Chief Magistrate Ian L. Gray 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 the objection at the contest mention on the 22 May" Copy marked (LMD 4)
22 May 2008 Contest Mention at St Arnaud Magistrates' Court, Magistrate Mr Capell, was disapointed that I had raised my concerns with the Chief Magistrate, the question of the courts jurisdiction over the aboriginal people should be to a higher court made, resulted it the matter to be heard at the Horsham Magistrates Court . The informant was not present.
.
13 August 2008 Committal Mention at Horsham Magistrates' Court, Prior conference with, Ms Raeleene Maxwell (OPP) after perusing the documented evidence, requested my consent for the matter to be adjourned as she could not answers the matter of Jurisdiction .Subsequently no ruling was made on the jurisdiction question by Magistrate
8th October 2008 Letter to OPP "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.
Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would appreciated if you could forward copies of such at your most earliest moment" Copy marked (LMD 5)
16 October 2008 Committal Horsham Magistrates' Court Magistrate Mr Capall, he inquired if the jurisdiction question had been addressed prior by Magistrate Merkel, he was assured that it had been addressed. Mr Capell pointed out the great distance for witness Ms Kylie Slattery travel, in respect to the court, I agreed to Tele link.
It is very disturbing that as yet the Office of Public Prosecution has not or can not as yet forward any documented evidence that gives the Victoria Government the power to make laws for peace, order and good Government for the Aboriginal people of Victoria, being one the main bases of my defence.
Note the Victorian Constitution 1855 or 1975 makes no reference to the Aboriginal people, and their for has no meaning or standing with in the Aboriginal community.
It would be total unreasonable for Magistrates or Judges to only assume Parliament, and the Courts have jurisdiction over the Aboriginal people of Victoria. Accountability is now a must.
I humble ask this Court to order the Office of Public Prosecution to forward any documentation or evidence that gives the Victorian Parliament the legislated power to make laws for peace order and good government of the Aboriginal people of Victoria.
This ends the Statement of the Defendant Leslie Ernest McDonald Chief Lore Officer, Aboriginal Embassy Victoria,
Date 17th November 2008
"U" be The Judge OPP letter 12/11/08
Letter from Office of Publis Prosecutions received 17th November 2008,
Mr. Leslie McDonald
Address
Dear Sir,
Re; The Queen v Leslie Ernest McDonald
Please find following, by wat of service the case conference summart in relation to the abovenamed matter. This matter in next listed for a case conference hearing at the Ballarat County Court on the 18th November 2008
Yours faithfully
signed
Andrew Steven
Circuit Section-Western Region.
Crown summary for Case Conference
Out line of Crown Case
Mr. Leslie McDonald
Address
Dear Sir,
Re; The Queen v Leslie Ernest McDonald
Please find following, by wat of service the case conference summart in relation to the abovenamed matter. This matter in next listed for a case conference hearing at the Ballarat County Court on the 18th November 2008
Yours faithfully
signed
Andrew Steven
Circuit Section-Western Region.
Crown summary for Case Conference
Out line of Crown Case
Saturday, November 15, 2008
"U" be the judge " County Court 12/11/08
Magistrates' Court Of Victoria
County Court Registrar
Ballarat Magistrates' Court
100 Grenville Street South
12 Novemer 2008 (received 14/11/08)
Les McDonald (Address)
Dear Mr. McDonald
RE: case conference 18/11/08
I refer to your criminal charges, which are listed for case conference on 18th November. Please be advised that you will need to attened before 11am before the:
Ballarat County Court
100 Grenville Street South
Ballarat Vic.
If you have any queries feel free to contact me on the details provided above
Yours sincerely
James Taylor
County Court
County Court Registrar
Ballarat Magistrates' Court
100 Grenville Street South
12 Novemer 2008 (received 14/11/08)
Les McDonald (Address)
Dear Mr. McDonald
RE: case conference 18/11/08
I refer to your criminal charges, which are listed for case conference on 18th November. Please be advised that you will need to attened before 11am before the:
Ballarat County Court
100 Grenville Street South
Ballarat Vic.
If you have any queries feel free to contact me on the details provided above
Yours sincerely
James Taylor
County Court
Monday, November 3, 2008
"U" be the Judge, Ballarat County Court received 03/11/08
Letter from magistrate's Court Ballarat, Stephen Merback Senior Registrar dated 31 October 2008
Les McDonald,
Address
Dear Mr. McDonald
I have received a request for tan script from you re a committal hearing at Horsahm on 16/10/2008.
We cannot provide a copy of the recording.
Committals are transcribed by VGRS, you will receive a transcript of the hearing when it is produced.
Yours sincerely
signed
Stephen Merbach
Senior Registrar
Advocate, The Defendant requested a copy of Digital recording as previously obtained during this court matter, as all defendants are entitled to obtain Digital recording from the Magistrate's Courts, Based on past experience, court typed transcript, can leave out relevant issues that the defendant relies on in his defence. The defendant may also need the Digital recording, as to support his concerns regarding the threatening manner of the magistrate, The Magistrates Court Act, does say the the defendant can obtain Digital recording of the hearing, up till last month this was the case, We trust that this has not also be change since the beging of this case.
Les McDonald,
Address
Dear Mr. McDonald
I have received a request for tan script from you re a committal hearing at Horsahm on 16/10/2008.
We cannot provide a copy of the recording.
Committals are transcribed by VGRS, you will receive a transcript of the hearing when it is produced.
Yours sincerely
signed
Stephen Merbach
Senior Registrar
Advocate, The Defendant requested a copy of Digital recording as previously obtained during this court matter, as all defendants are entitled to obtain Digital recording from the Magistrate's Courts, Based on past experience, court typed transcript, can leave out relevant issues that the defendant relies on in his defence. The defendant may also need the Digital recording, as to support his concerns regarding the threatening manner of the magistrate, The Magistrates Court Act, does say the the defendant can obtain Digital recording of the hearing, up till last month this was the case, We trust that this has not also be change since the beging of this case.
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