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 -----------------------------------------
Wednesday, October 28, 2009
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
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