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 -----------------------------------------
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