Registrar County Court
100 Grenville Street South
P.O. Box 604
Ballarat 3353 16th December 2009
Dear Ms Loren Matheson
Re: Case No. X00340105 and file No. CR-08-01796
I acknowledge your letter of the 15th December 2009, which included Circuit List commencing January 18th 2010, which I thank you for, as you may not be aware, I am not a Legal practitioner.
As by way of apparition I have enclosed herewith a signed copy of my statement as to assist the Court, and handed to the Officer of Public Prosecution. Please note I have not included exhibits mention. copies of such are in trust of OPP, Mr Weigal.
I ask is it possible to let me know about 2-3 days prior before the matter is before the Court, this will give me time to call witnesses, that reside at great distance from Ballarat.
I also take this opportunity to bring to your attention, disappointed that the issues put before the Court. still have not been addressed in a proper manner as expected by the people of Victoria, a truthful and responsible response to clearly clarify the law.
As this matter started on the 8th April 2008 mention at the Maryborough Magistrates Court, I filed my defence with the court on the 3rd April 2008, which raised the question of the Courts over the Aboriginal People of Victoria.. and to leave open to question If the Courts Jurisdiction is challenged, should the matter be addressed be a higher Court, if so what Court?
It is very disturbing that as yet the Office of Public Prosecution has not or can not forward any documented evidence that supports the Victorian Parliament the power to make laws for peace, order and good Government for the Aboriginal people of Victoria, being one of the main bases of my defence.
I thank you
Yours faithfully
Les McDonald
Thursday, December 17, 2009
from the Court "U" be the judge
Dear Practitioner
RE Crime Circuit commencing January 18th,2010 (
Not compleated)
signed
Loren Mathson
Registrar County Courtre
RE Crime Circuit commencing January 18th,2010 (
Not compleated)
signed
Loren Mathson
Registrar County Courtre
Friday, November 27, 2009
"U" be the judge " To the Court_OPP 26/11/08
The County Court Ballarat File No. CR-08-01796
In the matter of Leslie Ernest McDonald and
To the Officer of Public Prosecutions, Re:- Case conferences November 26th 2009
Re:- Request, (as to assist the Court)
The Defendant has filed and placed before the Honourable Court copies of the following correspondence:-
6th August 1996 Aboriginal Embassy Victoria 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. "
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."
The Defendant maintains that the above (as evidence) verifies and leaves open to question if The Victorian Parliament has any lawful jurisdiction to make laws for the Indigenous People of Victoria.
The Defendant maintains, The Victorian Constitution Act 1975. Part 11 "The Parliament 16. Legislative power of Parliament "The Parliament shall have power to make laws in and for Victoria in all cases whatsoever." makes no mention of the Aboriginal people of Victoria, therefore has no proper standing or meaning to the Aboriginal People of Victoria.
Constitution Act 1975. 2. Existing laws. to:-
(2) All courts within Victoria and all offices judicial administrative or ministerial there in and all charters legal commissions powers and authorities except insofar as the same may be abolished altered or varied by or may be inconsistent with the provisions of this act or are abolished altered or varied by any Act or Acts shall continue to subsist in the same form and with the same effect as if this Act had not come into force.
The Defendant maintains the doubt surrounding the Constitution Act 1975, and leaves open to challenge the Courts of Victoria jurisdiction over the Natives -Aboriginal People.
3. Laws of England to be applied in the Administration of Justice.
(2) If any doubt arises as to the application of any such laws or statues in Victoria, it shall be lawful for the Parliament be Act to declare whether such laws or statutes shall be deemed to extend with in Victoria or to make and establish such limitations and modifications of such laws and statutes within Victoria as may be deemed expedient in that behalf.
Cont.2
The Defendant maintains, that Parliament has been made made aware of the doubt of such laws or statues in Victoria (1996) and as yet have not declared whether such laws shall be deemed to extend to the Aboriginal natives of Victoria
The Pacific Islanders Protection Act 1875
6. Power for Her Majesty to exercise jurisdiction over British subjects in islands of the pacific ocean. to erect a court of justice for British subjects in the islands of the pacific. to make ordinances.
"It shall be lawful for Her Majesty to exercise power and jurisdiction over her subjects within any islands and places in the Pacific Ocean not being within Her Majesty's dominions, nor within the jurisdiction of any civilized power, ...to make regulations for the Government of her subjects in such islands and places, and to impose penalties, forfeitures, or imprisonment's for the breach of such regulations"
"It shall be lawful for Her Majesty, by order in council to create a court of justice and civil, criminal and Admiralty jurisdiction over Her Majesty's subjects within islands and places to which the authority of the said High Commissioner shall extend, and with power to take cognizance of all crimes and offences committed by Her Majesty's subjects within any of the said islands and places, or upon the sea, or in any haven, river, creek, or place within jurisdiction of the Admiralty. and Her Majesty..."
The Defendant maintains that the above Act, which is still valid and adhered to by the Court of Victoria only relates to Her Majesty Courts jurisdiction over her Majesty's subjects .
The Defendant preys that the Office of Public Prosecutions address the questions of Law in a proper, reasonable, and truthful manner, as expected by Her Majesty's Courts and the citizen's of Victoria.
This ends the request by the Defendant which is intended to handed to the duty officer of the Office of Public Prosecution, on the aforesaid Ballarat County Court date.
Signed ----------------------------------
Leslie Ernest McDonald
Defendant
In the matter of Leslie Ernest McDonald and
To the Officer of Public Prosecutions, Re:- Case conferences November 26th 2009
Re:- Request, (as to assist the Court)
The Defendant has filed and placed before the Honourable Court copies of the following correspondence:-
6th August 1996 Aboriginal Embassy Victoria 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. "
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."
The Defendant maintains that the above (as evidence) verifies and leaves open to question if The Victorian Parliament has any lawful jurisdiction to make laws for the Indigenous People of Victoria.
The Defendant maintains, The Victorian Constitution Act 1975. Part 11 "The Parliament 16. Legislative power of Parliament "The Parliament shall have power to make laws in and for Victoria in all cases whatsoever." makes no mention of the Aboriginal people of Victoria, therefore has no proper standing or meaning to the Aboriginal People of Victoria.
Constitution Act 1975. 2. Existing laws. to:-
(2) All courts within Victoria and all offices judicial administrative or ministerial there in and all charters legal commissions powers and authorities except insofar as the same may be abolished altered or varied by or may be inconsistent with the provisions of this act or are abolished altered or varied by any Act or Acts shall continue to subsist in the same form and with the same effect as if this Act had not come into force.
The Defendant maintains the doubt surrounding the Constitution Act 1975, and leaves open to challenge the Courts of Victoria jurisdiction over the Natives -Aboriginal People.
3. Laws of England to be applied in the Administration of Justice.
(2) If any doubt arises as to the application of any such laws or statues in Victoria, it shall be lawful for the Parliament be Act to declare whether such laws or statutes shall be deemed to extend with in Victoria or to make and establish such limitations and modifications of such laws and statutes within Victoria as may be deemed expedient in that behalf.
Cont.2
The Defendant maintains, that Parliament has been made made aware of the doubt of such laws or statues in Victoria (1996) and as yet have not declared whether such laws shall be deemed to extend to the Aboriginal natives of Victoria
The Pacific Islanders Protection Act 1875
6. Power for Her Majesty to exercise jurisdiction over British subjects in islands of the pacific ocean. to erect a court of justice for British subjects in the islands of the pacific. to make ordinances.
"It shall be lawful for Her Majesty to exercise power and jurisdiction over her subjects within any islands and places in the Pacific Ocean not being within Her Majesty's dominions, nor within the jurisdiction of any civilized power, ...to make regulations for the Government of her subjects in such islands and places, and to impose penalties, forfeitures, or imprisonment's for the breach of such regulations"
"It shall be lawful for Her Majesty, by order in council to create a court of justice and civil, criminal and Admiralty jurisdiction over Her Majesty's subjects within islands and places to which the authority of the said High Commissioner shall extend, and with power to take cognizance of all crimes and offences committed by Her Majesty's subjects within any of the said islands and places, or upon the sea, or in any haven, river, creek, or place within jurisdiction of the Admiralty. and Her Majesty..."
The Defendant maintains that the above Act, which is still valid and adhered to by the Court of Victoria only relates to Her Majesty Courts jurisdiction over her Majesty's subjects .
The Defendant preys that the Office of Public Prosecutions address the questions of Law in a proper, reasonable, and truthful manner, as expected by Her Majesty's Courts and the citizen's of Victoria.
This ends the request by the Defendant which is intended to handed to the duty officer of the Office of Public Prosecution, on the aforesaid Ballarat County Court date.
Signed ----------------------------------
Leslie Ernest McDonald
Defendant
Wednesday, November 18, 2009
'U" be the Judge; Court notice 11/11/09
From the County Court 11th November 2009
Addressed
RE: Crime Circuit commencing November 23rd 2009
Please find attached the above document
Please be advised that this circuit will be commencing at 11am on 23rd November 2009. Matters will be dealt with in the order they appear in th list. there will be no callover.
If you have any queries, please do not hesitate to contact me.
Regards
signed
Loren Matheson
Registrar County Court.
Addressed
RE: Crime Circuit commencing November 23rd 2009
Please find attached the above document
Please be advised that this circuit will be commencing at 11am on 23rd November 2009. Matters will be dealt with in the order they appear in th list. there will be no callover.
If you have any queries, please do not hesitate to contact me.
Regards
signed
Loren Matheson
Registrar County Court.
"U" be the judge " OPP letter 19/11/09
Office of Public Prosecutions C.P. Jeremy Rapkey
565 Lonsdale St 19th November 2009
Melbourne VIC 3000
Dear Jeremy Rapke QC
Re:- Concerns over Office of Public Prosecutions
Please find enclosed herewith copies of letters dated:-
8th October 2008, Office of Public Prosecutions, Ms. Raeleene Maxwell .."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. and "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".
24th October 2008 Office of Public Prosecutions, Ms. Raeleene Maxwell, "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.
As to show cause and reason for my disappointment in the performance of Office of Public Prosecutions, I have appeared at various Courts, on some nine occasions endeavoring to obtain the answer and clarify the situation, the Law. any evidence or such that supports that the Victoria Parliament has the to make laws order and good government for the Indigenous People of Victoria. Which I have still not obtained for the your Office.
10 November 2009, Court 5. before Her Honour Judge Cohen., Officer of Office of Public Prosecutions, Mr Coplie (?) had been requested, by the defence, for the documents as previously requested, Her Honour said "can not produce something that does not exist "
It would assist the Court and defence, if you could confirm as Chief Officer of Public Prosecutions that, there is no written documentation that gives the Victoria Parliament the power to make laws for peace order and good government for the Aboriginal people of Victoria.
It's total unreasonable for Magistrates or Judges to only assume Parliament, and the Courts have jurisdiction over the Aboriginal people of Victoria.
I thank you
Yours faithfully
Les McDonald
565 Lonsdale St 19th November 2009
Melbourne VIC 3000
Dear Jeremy Rapke QC
Re:- Concerns over Office of Public Prosecutions
Please find enclosed herewith copies of letters dated:-
8th October 2008, Office of Public Prosecutions, Ms. Raeleene Maxwell .."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. and "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".
24th October 2008 Office of Public Prosecutions, Ms. Raeleene Maxwell, "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.
As to show cause and reason for my disappointment in the performance of Office of Public Prosecutions, I have appeared at various Courts, on some nine occasions endeavoring to obtain the answer and clarify the situation, the Law. any evidence or such that supports that the Victoria Parliament has the to make laws order and good government for the Indigenous People of Victoria. Which I have still not obtained for the your Office.
10 November 2009, Court 5. before Her Honour Judge Cohen., Officer of Office of Public Prosecutions, Mr Coplie (?) had been requested, by the defence, for the documents as previously requested, Her Honour said "can not produce something that does not exist "
It would assist the Court and defence, if you could confirm as Chief Officer of Public Prosecutions that, there is no written documentation that gives the Victoria Parliament the power to make laws for peace order and good government for the Aboriginal people of Victoria.
It's total unreasonable for Magistrates or Judges to only assume Parliament, and the Courts have jurisdiction over the Aboriginal people of Victoria.
I thank you
Yours faithfully
Les McDonald
"U" be the judge " County Court 10/11/09
From County Court Ballarat 6th November 2009
Addressed
Re:Criminal matter listed before Ballarat County Court 10.11.09 @10am
Please be advised that your matter has been listed for the above date & time at Ballarat County Court.
Failure to attend may result in a warrant to Arrest being issued.
Any application to adjourn this matter MUST be made to the court on the above date.
Yours sincerely
James Taylor
County Court
Addressed
Re:Criminal matter listed before Ballarat County Court 10.11.09 @10am
Please be advised that your matter has been listed for the above date & time at Ballarat County Court.
Failure to attend may result in a warrant to Arrest being issued.
Any application to adjourn this matter MUST be made to the court on the above date.
Yours sincerely
James Taylor
County Court
Wednesday, October 28, 2009
"U" be the Judge Intervile time for a?
The following is letter to the Office of Public Prosecutions, I find it very disappointing that as yet they have not forwarded the evidence requested many times, that gives the Victorian Government- the Courts Jurisdiction over the Aboriginal people of Victoria, Surely, a simply question for the OPP to answer, being in the public best interest.
Les (Re posted 29th October 2009)
Office of Public Prosecutions Re:Case No. X00340105
Ms. Raeleene Maxwell
565 Lonsdale St 24th October 2008
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 Dja Dja 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 -----------------------------------------
Les (Re posted 29th October 2009)
Office of Public Prosecutions Re:Case No. X00340105
Ms. Raeleene Maxwell
565 Lonsdale St 24th October 2008
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 Dja Dja 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 -----------------------------------------
Sunday, August 30, 2009
Court Notice 07/08/09
Country Court of Victoria 7 August 2009,
To All Practitionsers
Please find attached a criminal list for Ballarat Country Criminal Circuit commencing Monday 24th August 2009 before HH Judge Mason.
A callover will be conducted on 13/08/09@9.30am. Parties may attend at either Ballarat or Melbourne Country as the videolink will utillised.
If you have any queries please contact me on the dertails provided above.
Note Several matters from trhe current criminal sittings at Ballarat have been included in this list, which may be finalised between the date of this letter and circuit start date.
Regards
James Taylor
County Court Ballarat.
The Defendant, notified the Court that he had file all the written evidence to aid his defence with the Court, and that it would be a waste of the courts time and his appearing before the Court untill he is required to put his defernce to the Court,
To All Practitionsers
Please find attached a criminal list for Ballarat Country Criminal Circuit commencing Monday 24th August 2009 before HH Judge Mason.
A callover will be conducted on 13/08/09@9.30am. Parties may attend at either Ballarat or Melbourne Country as the videolink will utillised.
If you have any queries please contact me on the dertails provided above.
Note Several matters from trhe current criminal sittings at Ballarat have been included in this list, which may be finalised between the date of this letter and circuit start date.
Regards
James Taylor
County Court Ballarat.
The Defendant, notified the Court that he had file all the written evidence to aid his defence with the Court, and that it would be a waste of the courts time and his appearing before the Court untill he is required to put his defernce to the Court,
Court Notice 15/07/09
From County Court of Victoria, dated 15 July 2009, To All Practitioners
Dear Sir/Madam
Re: Ballarat County Court Criminal Circuit
Commencing Monday 27/07/09
Please Find attached a copy of the criminal list to be heard at ballarat commencing Monday 27th July before Judge Gamble at 2.15pm
There will be no call-over for this circuit. His Honour will hear the first two matters as aprioority and then move onto the balance of the list.
NOTE: Several matters from the current criminal sittings at Ballarat have been included in this list, which may be finalised between the date of this letter and callover.
Yours faithfully
James Taylor
County Court Ballarat
Dear Sir/Madam
Re: Ballarat County Court Criminal Circuit
Commencing Monday 27/07/09
Please Find attached a copy of the criminal list to be heard at ballarat commencing Monday 27th July before Judge Gamble at 2.15pm
There will be no call-over for this circuit. His Honour will hear the first two matters as aprioority and then move onto the balance of the list.
NOTE: Several matters from the current criminal sittings at Ballarat have been included in this list, which may be finalised between the date of this letter and callover.
Yours faithfully
James Taylor
County Court Ballarat
Monday, May 25, 2009
Court Day Ballarat County Court 22 May 2009
Ballarat Country Court
Before HH Parsons,
Callover Court 5 Start 10.50
Present Mr. Weigal representing the Office of Public Prosecution (OPP)
Mr McDonald representing Himself
Plus Court observers
At the opening Mr Weigal:-
OPP. In this matter before Judge Chettle, raised the question of Jurisdiction. this preliminary issues needs to be dealt with.
McD. I have provided correspondence to Opp Mr. Weigal, I have asked the prosecution for determination on laws relating Aboriginal people.
HON.(HH Parson)Are you a Koorie?
McD. Yes
Hon. Where are you from? Language group?
McD Melbourne, Dja Dja Wrung
Hon. Wheres that area
McD. Ballarat, Bendigo I am the Chief Lore Officer
Hon. Representing in Native Title?
McD. No
Hon. Represented by Land Council
McD.It is based on (spelling) L O R E lore
Hon.I have know about this for 33 years
Hon. Charges (ref to OPP)
McD Couple of plants grams of
Hon. Mr. McDonald I have been involved is trials in Northern Territory, Queensland. Victoria for 33 years, Jurisdiction in each case unsuccessful..application to the Judge re this particular trial, need to make application...Judge will have no jurisdiction to hear..
McD Now I'm a bit confused
Hon.....
McD Laws in Victoria different to Northern Territory and New South Wales..
Hon. I understand that, I have acted here, Each group has appropriated principles,..You can tell the Judge what your particular laws ....All I am doing is ascertaining were ready for trial
McD. I am relying on documents from the Scrutiny of Acts and regulations Committee, need the Act, that gives the Victoria Government the power to make laws for Aboriginal people, the letter is from them dated 26th August 1996, states the Victorian Government has no power to make Laws, a copy is on file with ODP
Hon. Keep corresponding with Mr. Weigal, I can't order Mr Weigal to respond to you ....letters and if appropriate will respond. I will order the matter remain on the list. You will need to communicate with Mr. Weigal. But Don't be widly confident.
McD. A complicated matter
Hon. For 33 years involved, appeared for people regarding Native Title, in cases similar to yours and I am familiar with the law. Aboriginal people are jurisdictional. ...of course Mr. McDonald, have a go.
McD. The Law has to change, alcohol not the answer.
Hon. ...
McD. A peace drug
Hon. convince the police..
Finished at 10.58
Note taken from Court observer.
Note the amount of times that McD has asked that jurisdiction question to be clarified, first posted May 2008 at Marybrough Court, and see letter to Chief magistrate and the Attorney-General, Why can't Rob Hulls comment on the issue? find the answers in previous post(Not Compleated)
Before HH Parsons,
Callover Court 5 Start 10.50
Present Mr. Weigal representing the Office of Public Prosecution (OPP)
Mr McDonald representing Himself
Plus Court observers
At the opening Mr Weigal:-
OPP. In this matter before Judge Chettle, raised the question of Jurisdiction. this preliminary issues needs to be dealt with.
McD. I have provided correspondence to Opp Mr. Weigal, I have asked the prosecution for determination on laws relating Aboriginal people.
HON.(HH Parson)Are you a Koorie?
McD. Yes
Hon. Where are you from? Language group?
McD Melbourne, Dja Dja Wrung
Hon. Wheres that area
McD. Ballarat, Bendigo I am the Chief Lore Officer
Hon. Representing in Native Title?
McD. No
Hon. Represented by Land Council
McD.It is based on (spelling) L O R E lore
Hon.I have know about this for 33 years
Hon. Charges (ref to OPP)
McD Couple of plants grams of
Hon. Mr. McDonald I have been involved is trials in Northern Territory, Queensland. Victoria for 33 years, Jurisdiction in each case unsuccessful..application to the Judge re this particular trial, need to make application...Judge will have no jurisdiction to hear..
McD Now I'm a bit confused
Hon.....
McD Laws in Victoria different to Northern Territory and New South Wales..
Hon. I understand that, I have acted here, Each group has appropriated principles,..You can tell the Judge what your particular laws ....All I am doing is ascertaining were ready for trial
McD. I am relying on documents from the Scrutiny of Acts and regulations Committee, need the Act, that gives the Victoria Government the power to make laws for Aboriginal people, the letter is from them dated 26th August 1996, states the Victorian Government has no power to make Laws, a copy is on file with ODP
Hon. Keep corresponding with Mr. Weigal, I can't order Mr Weigal to respond to you ....letters and if appropriate will respond. I will order the matter remain on the list. You will need to communicate with Mr. Weigal. But Don't be widly confident.
McD. A complicated matter
Hon. For 33 years involved, appeared for people regarding Native Title, in cases similar to yours and I am familiar with the law. Aboriginal people are jurisdictional. ...of course Mr. McDonald, have a go.
McD. The Law has to change, alcohol not the answer.
Hon. ...
McD. A peace drug
Hon. convince the police..
Finished at 10.58
Note taken from Court observer.
Note the amount of times that McD has asked that jurisdiction question to be clarified, first posted May 2008 at Marybrough Court, and see letter to Chief magistrate and the Attorney-General, Why can't Rob Hulls comment on the issue? find the answers in previous post(Not Compleated)
Wednesday, May 6, 2009
"U" be the judge " Magisratre Court 6 May 2009
From the Magistrates Court of Victoria (Ballarat) dated 6th May 2009
Attention McDonald Leslie and/or in person
CR-08-01796
This criminal trial or plea has been listed for callover before HH Judge Parsons on 22nd May at 10am.
This callover will be used to ensure all matters are ready to be listed and to gauge when matters may be reached within the Ballarat circuits.
The accused and/or solicitors acting must attend this callover. Failure by the accused or their solicitor to attend may result in a warrant to arrest being issued.
If you have any queries please contact this office on the above number.
Yours sincerely
signed
James Taylor
County Court
Attention McDonald Leslie and/or in person
CR-08-01796
This criminal trial or plea has been listed for callover before HH Judge Parsons on 22nd May at 10am.
This callover will be used to ensure all matters are ready to be listed and to gauge when matters may be reached within the Ballarat circuits.
The accused and/or solicitors acting must attend this callover. Failure by the accused or their solicitor to attend may result in a warrant to arrest being issued.
If you have any queries please contact this office on the above number.
Yours sincerely
signed
James Taylor
County Court
Wednesday, January 21, 2009
From Peter Walsh MP 19 December 2008
From Peter Walsh 19 December 2008 received 24/12/08 in reply to my letter of the 20 October 2008
I refer to previous correspondence regarding "accountability of government Departments and loss of Human rights
Following my representation on you behalf to the attorney-General, I attach a copy of the response received from the Hon Rob Hulls, which explains that he is unable to provide legal advice to individual members of the public and therefore can not comment on your query regarding the accountability of Government Departments.
In response to your second query on the loss of human rights, specifically reserved pleas, Minister Hulls has advised that whilst the act has been changed so that a magistrate does not need to ask whether the accused wishes to reserve their plea, the accused however, retains the liberty not to speak in which case their plea will be taken to be not guilty. The right to freedom of expression is not affected by the change to the questions asked by a magistrate.
I hope this information answers your queries, and thank you for writing to me on this issue.
Yours sincerely
signed
Peter Walsh MLA
Now:- Attached letter from Attorney-General Rob Hulls dated 11 December 2008
Mr. Peter Walsh MLA
274 Campbell Street
Swan Hill Vic 3585\
Dear Peter Walsh
Criminal Procedure Legislation Amendment Act 2008
Thank you for your recent letter, dated 28th October 2008, regarding representations on behalf of Mr Les McDonald.
I note that Mr. McDoanld describes his concerns with the accountability of government departments as well as the impact of the Criminal Procedure Legislation Amendment Act 2008 on human rights in Victoria.
As you are probably aware, I can not give legal advice to individual members of the public. Members ao the Victorian Community can, however, obtain free legal assistance by contacting their Local Community Legal Centre. Information about Mr, McDonald,s nearest Community Legal Centre can be found at www.naclc.org.au.
The Criminal Procedure Legislation Amendment Bill was publicly debated by both Houses of Parliament in late 2007 and early 2008. That debate is publicly available in Hansard which can be accessed at www.parliament.vic.gov.au.
As you are aware, the scrutiny of acts and regulations committee {SARC}of parliament is specifically charged with the responsibility of reporting to parliament on whether any bill introduced into either House directly or indirectly is incompatible with the human rights set out in the charter of human rights.
Both houses of parliament had the benefit of a report on the bill from SARC which considered issues concerning the charter of human rights.Having considered matters raised by SARC,both houses of Parliament passed the bill.
In response to Mr Mcdonald's specific concern with reserved pleas, I note that before the Act was passed, the relevant procedure was for a Magistrate to ask the accused whether they wished to plead guilty,not guilty or if they wished to reserve their plea. The act changes this to mean that the magistrate no longer asks whether the accused,whether the accused wishes to reserve their plea.
An accused however remains at liberty not ot speak in which case their plea will be taken to be not guilty in accordance with the Charter rights concerning the presumption of innocence and according a person a fair trial.The right to freedom of expression is not limited by this change to the questions asked by a magistrate.
I trust this informationis of assistance to you.
Yours sincerely
signed
Rob Hulls MP
Attorney-General
I refer to previous correspondence regarding "accountability of government Departments and loss of Human rights
Following my representation on you behalf to the attorney-General, I attach a copy of the response received from the Hon Rob Hulls, which explains that he is unable to provide legal advice to individual members of the public and therefore can not comment on your query regarding the accountability of Government Departments.
In response to your second query on the loss of human rights, specifically reserved pleas, Minister Hulls has advised that whilst the act has been changed so that a magistrate does not need to ask whether the accused wishes to reserve their plea, the accused however, retains the liberty not to speak in which case their plea will be taken to be not guilty. The right to freedom of expression is not affected by the change to the questions asked by a magistrate.
I hope this information answers your queries, and thank you for writing to me on this issue.
Yours sincerely
signed
Peter Walsh MLA
Now:- Attached letter from Attorney-General Rob Hulls dated 11 December 2008
Mr. Peter Walsh MLA
274 Campbell Street
Swan Hill Vic 3585\
Dear Peter Walsh
Criminal Procedure Legislation Amendment Act 2008
Thank you for your recent letter, dated 28th October 2008, regarding representations on behalf of Mr Les McDonald.
I note that Mr. McDoanld describes his concerns with the accountability of government departments as well as the impact of the Criminal Procedure Legislation Amendment Act 2008 on human rights in Victoria.
As you are probably aware, I can not give legal advice to individual members of the public. Members ao the Victorian Community can, however, obtain free legal assistance by contacting their Local Community Legal Centre. Information about Mr, McDonald,s nearest Community Legal Centre can be found at www.naclc.org.au.
The Criminal Procedure Legislation Amendment Bill was publicly debated by both Houses of Parliament in late 2007 and early 2008. That debate is publicly available in Hansard which can be accessed at www.parliament.vic.gov.au.
As you are aware, the scrutiny of acts and regulations committee {SARC}of parliament is specifically charged with the responsibility of reporting to parliament on whether any bill introduced into either House directly or indirectly is incompatible with the human rights set out in the charter of human rights.
Both houses of parliament had the benefit of a report on the bill from SARC which considered issues concerning the charter of human rights.Having considered matters raised by SARC,both houses of Parliament passed the bill.
In response to Mr Mcdonald's specific concern with reserved pleas, I note that before the Act was passed, the relevant procedure was for a Magistrate to ask the accused whether they wished to plead guilty,not guilty or if they wished to reserve their plea. The act changes this to mean that the magistrate no longer asks whether the accused,whether the accused wishes to reserve their plea.
An accused however remains at liberty not ot speak in which case their plea will be taken to be not guilty in accordance with the Charter rights concerning the presumption of innocence and according a person a fair trial.The right to freedom of expression is not limited by this change to the questions asked by a magistrate.
I trust this informationis of assistance to you.
Yours sincerely
signed
Rob Hulls MP
Attorney-General
From Peter Walsh MP 27 November 2008
From Peter Walsh MP 27 November 2008
Dear Mr McDonald
In response to your recent letter regarding recordings of Magistrates Courts' proceedings, I attch a copy of the relevent information from the Department of Justice wesite.
I hope this clears up the conflicting information you have been given.
Yours sincerely
signed
Peter Walsh MLA
Dear Mr McDonald
In response to your recent letter regarding recordings of Magistrates Courts' proceedings, I attch a copy of the relevent information from the Department of Justice wesite.
I hope this clears up the conflicting information you have been given.
Yours sincerely
signed
Peter Walsh MLA
To Peter Walsh MP 29/12/08
Peter Walsh MP
Deputy Leader Of The Nationals
274 Campbell St
Swan Hill 3585 29th December 2008
Dear Mr. Peter Walsh
I write to thank you for your letter of 27 November 2008, and the enclosed relevant guidelines and information from the Department of Justice's website. which I am aware of and complied fully with in October 2008.
Disappointment led me to write to the Chief Magistrate Ian L Gray, bringing to his attention the dissatisfaction, I have enclosed herewith a copy that letter dated
24th November 2008, To Chief Magistrate Ian L Gray
and
9th December 2008 in reply from Chief Magistrate Ian L Gray
As by way of appreciation for the effort you have demonstrated and for your file records
Yours sincerely
Les McDonald
Ps. At this date I still have not as yet received a copy of the Court Audio Recordings, Re Horsham Magistrates Court. 16/10/08
Deputy Leader Of The Nationals
274 Campbell St
Swan Hill 3585 29th December 2008
Dear Mr. Peter Walsh
I write to thank you for your letter of 27 November 2008, and the enclosed relevant guidelines and information from the Department of Justice's website. which I am aware of and complied fully with in October 2008.
Disappointment led me to write to the Chief Magistrate Ian L Gray, bringing to his attention the dissatisfaction, I have enclosed herewith a copy that letter dated
24th November 2008, To Chief Magistrate Ian L Gray
and
9th December 2008 in reply from Chief Magistrate Ian L Gray
As by way of appreciation for the effort you have demonstrated and for your file records
Yours sincerely
Les McDonald
Ps. At this date I still have not as yet received a copy of the Court Audio Recordings, Re Horsham Magistrates Court. 16/10/08
Peter Walsh MP 28/10/08
Letter from Peter Walsh Deputy Leader of the Nationals date 28 October 2008
Thank you for your recent letter regarding the "Accountability of Government Departments and Loss of Humans Rights"
As you requested, I have made representations on your behalf to the Attorney-General, the Hon Rob Hulls, and will write to you again when I have a response from Mr Hulls
Yours sincerely
signed
Peter Walsh MLA
Member for Swan Hill
Deputy Leader of the Nationals
Shadow Minister for Agriculture
Shadow Minister for Country Water Resources
Thank you for your recent letter regarding the "Accountability of Government Departments and Loss of Humans Rights"
As you requested, I have made representations on your behalf to the Attorney-General, the Hon Rob Hulls, and will write to you again when I have a response from Mr Hulls
Yours sincerely
signed
Peter Walsh MLA
Member for Swan Hill
Deputy Leader of the Nationals
Shadow Minister for Agriculture
Shadow Minister for Country Water Resources
"U" be the judge " Chief Magisratre 09/12/08
From the Madistrates Court Of Victoria received 11/12/08
Dear Mr McDonald
Complaints-Horsham Magistrates' Court
Thank you for your recent correspondence dated 24 November 2008, to Chief Magistrates is relation to the above complaint.
I note that you raised a number of issues regarding the process of obtaining an audio recording of your proceedings at the Horsahm Magistrates Court on 16 October 2008.
I am advised by Steve Kirkpatrick of the Horsham Magistrates'Court, that you have been provided with a copy of the Magistrates Court Recording Protocols and are now of an understanding regarding the process for obtaining audio of committal proceedings.
In accordance with the above guidelines, the presiding Magistrates has approved the release of the requested audio recording from the Victorain Goverment Reporting Services (VGRS). The attached letter has been sent to the manger of VGRS providing the Magistrates authority to release the commital tapes.
If you have any further enquiries regarding the release of the above recording you can contact VGRS directly on 03 9603 2423
Yours sincerly
signed
Domma Caruana
Office of the Chief Executive
Magistrates Court of Victoria
Attached letter dated 5 December 2008
From the Madistrates Court Of Victoria
Dear Sir/Madam
RE: Micheal Hobson (police) -v- Leslie E McDonald (C/- 10 Majorac rd, Maryborough) Court Reference: X340105
On the 16th October 2008 I made an order commiting Mr McDonald to stand trial in the County Court at Ballarat on the 18th November 2008
Mr.McDonald was unrepresented.
In addition to receiving a transcript of the commitial proceedings, Mr McDonald has made an application to receive a copy of the audio tapes of the committal proceedings.
I have no objectioin to the audio tapes being released to Mr. McDonald if you are in a position to release them.
Yours sincerely
signed
Andrew Capell
Magistrate
Dear Mr McDonald
Complaints-Horsham Magistrates' Court
Thank you for your recent correspondence dated 24 November 2008, to Chief Magistrates is relation to the above complaint.
I note that you raised a number of issues regarding the process of obtaining an audio recording of your proceedings at the Horsahm Magistrates Court on 16 October 2008.
I am advised by Steve Kirkpatrick of the Horsham Magistrates'Court, that you have been provided with a copy of the Magistrates Court Recording Protocols and are now of an understanding regarding the process for obtaining audio of committal proceedings.
In accordance with the above guidelines, the presiding Magistrates has approved the release of the requested audio recording from the Victorain Goverment Reporting Services (VGRS). The attached letter has been sent to the manger of VGRS providing the Magistrates authority to release the commital tapes.
If you have any further enquiries regarding the release of the above recording you can contact VGRS directly on 03 9603 2423
Yours sincerly
signed
Domma Caruana
Office of the Chief Executive
Magistrates Court of Victoria
Attached letter dated 5 December 2008
From the Madistrates Court Of Victoria
Dear Sir/Madam
RE: Micheal Hobson (police) -v- Leslie E McDonald (C/- 10 Majorac rd, Maryborough) Court Reference: X340105
On the 16th October 2008 I made an order commiting Mr McDonald to stand trial in the County Court at Ballarat on the 18th November 2008
Mr.McDonald was unrepresented.
In addition to receiving a transcript of the commitial proceedings, Mr McDonald has made an application to receive a copy of the audio tapes of the committal proceedings.
I have no objectioin to the audio tapes being released to Mr. McDonald if you are in a position to release them.
Yours sincerely
signed
Andrew Capell
Magistrate
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