"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.
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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