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

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

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

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

"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