"U" be the judge " County Court 30/12/09

The Accused response, Re: County Court report Transcript , Tuesday 10th November 2009
First by way of relevant background:-

On the 8th April 2008 before Magistrate Cappel, a requested to the Court, to clarify the Jurisdiction of the Courts over the Aboriginal people of Victoria, As the Victorian Constitution Act makes no mention of the Aboriginal people of Victoria therefore has no standing or meaning to the Aboriginal people of Victoria. and requested any documents, Acts of any papers that contradicts the claim.

In support 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. and in reply

On 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."

10th November 2009 Ballarat County Court (Conference) Her Honour remarked "I've been told, several times, as far as the State of Victoria is concerned, the Act it enacts, it doesn't have to specify that it applies to Aboriginal people, because it applies to all people in the State" and further stated :-"There is no such documents. My understanding is, there is no such documents, Mr McDonald, The trial won't be held up waiting for a document that doesn't exist. That's my understanding , there will be no such document".

Further on, The Office of Public Prosecutions, Mr.Cordy, raised "Given that he's self-represented. The Matters that he's requested that the Victoria Government or the Attorney General ...Has the Victorian Parliament, proper legislated power to make laws for the Aboriginal race of Victoria? considering that the Victorian Constitution Act 1975 does not mention the Aboriginal race of Victoria and, Two. If the court's Jurisdiction is questioned in the Magistrates" court, should the matter then be transferred to the Supreme Court of Victoria to address the Jurisdiction issue,?

'Now I can tell Your Honour that no material of the nature, sought by Mr. McDonald, is going to be provided to him and really, his recourse is to legal advice or run this argument on his own if he sees that is the appropriate way to go, but at the end of the day, He's not going to get the sort of advice that he wants and I think he encapsulated it when he said to Your Honour, he wants a piece of paper that says that the Laws of Victoria apply to Aboriginal people".

"The position of the office of Public Prosecutions, is that the laws of Victoria apply to all people in Victoria, as your Honour has pointed out to him. That's the prima facie position and if he wants to challenge that, that's his right. But it would be better for him and, indeed, anyone else if he sought proper legal advice in relation to the matter, because if he's right, and he might be, I don't know, but if he's right, it's a matter that needs to litigated very carefully, rather than just doing it in an ad hoc fashion.."

Now as to help clarify the position of the Aboriginal people and to assist the Court I offer the following as byway of some relevant background:-
On the 12th October 1786 King George of England declared war on all lands held by the Dutch including New Holland which Australia was known as at that time. They chose to treat New Holland as terra nullius, meaning an uninhabited land open for settlement. Since the Privy Council had held that uninhabited lands settled by English subjects would be governed by the laws of England, there was no place for Aboriginal native title to land, nor for the recognition of Aboriginal custom or law.

1875 The Pacific Islanders Protection Act 1875 came in to beings, s. 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..."

Considering that the above Act, which is still valid and adhered to by the Courts of Victoria only relates to Her Majesty Courts jurisdiction over her Majesty's subjects, and does not include the natives, Aboriginal people of this land. being a civilisation that had it own rule of Lore to guide, direct, protect and control their society at that time.

The law of Australia consists of the Australian common law (which is based on the English common law), federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories. The most important law of Australia is the Constitution of Australia, which describes Australia's system of constitutional monarchy, and forms the basis for the government of Australia.

All of the States and territories of Australia that are self-governing are separate jurisdictions, and have their own system of courts and parliaments. The systems of laws in each State are influential on each other, but not binding. Laws passed by the Parliament of Australia apply to the whole of Australia.

The reception of English law was clarified by the Australian Courts Act 1828, which provided that all laws and statutes in force in England at the date of the enactment of the legislation should be applied in the courts of New South Wales and Van Diemen's Land (Tasmania) so far as they were applicable. Since Queensland and Victoria were originally part of New South Wales, the same date applies in those States for the reception of English law. South Australia adopted a different date for reception, as did Western Australia.

The Victoria Constitution Act 1885 and 1975 and direct to

3. Laws of England to be applied in the administration of Justice. (1) Subject to the Imperial Acts application Act 1922. all laws and statutes in force within the realm of England on the 25th day of July, 1828 (not being inconsistent with any law now in force) shall be applied in the administration of justice in the courts of Victoria, so far as they can be applied within Victoria. then to

Part 11- The Parliament.- Division 1. Constitution and Powers

16. Legislative power of Parliament, The Parliament shall have power to make laws in and for Victoria in all cases whatsoever"
As it now appears, the Courts and the Office of Public Prosecution has relied on the Victoria Constitution Act 1975. to prop up the claim That the Victorian Parliament has power to make Law for the Aboriginal people of Victoria and the Courts have jurisdiction over the Aboriginal people of Victoria

It has been cited over the years, (1) that the Victorian Constitution Act.. came into being without Her Majesty Queen Victoria, assent to establish a Constitution in and for Colony Victoria. and (2) It also has been raised that the Constitution Act does not require any public referendum to alter or amend the Constitution Act, as required by and under, Australian Constitution 1901. Which leaves open to question, if the Constitution Act. is in fact a lawful, valid Act it's self.

I pray that this Honourable Court if it see fit to do so, as to clarify the above points (1), and (2) being in best interest of Justice, the Courts and the people of Victoria.

I reiterate, that the Victoria Parliament has no proper legislated power to make Laws for peace order and good Government for the Aboriginal people of Victoria.
and that the Courts of Victoria has no jurisdiction over the Aboriginal people of Victoria as they Courts are established for Her Majesty subjects. (as aforesaid)

Complied by Les McDonald Chief Lore Officer, Aboriginal Embassy Victoria;being on behalf of the accused. in the matter County Court Ballarat, No. CR-08-01796

Dated this day, Wednesday 30th December 2009