Showing posts with label judiciary. Show all posts
Showing posts with label judiciary. Show all posts

Monday, April 28, 2003

Judicial, mental health and police corruption

Ian Kay, who blew the whistle on judicial and police corruption here in Victoria has recently been improperly incarcerated in MAP Prison, Melbourne for doing nothing more than writing a letter of complaint to his local MP.

It seems he is one of the first victims of the Australian Government's so-called tough line on terrorists , which in reality is a poorly made smokescreen for stifling dissent and disclosure of malpractice in the government bureaucracy.

In order to have Kay silenced for once and for all, the government intends having him "certified" and sent to a Psychiatric Prison in the Melbourne suburb of Fairfield where he will be forcibly restrained by several men Thugs?) and then be injected against his will with severe mind-altering drugs.

The result and intent will be to literally fry Kay's brain thereby neutering him for ever and making sure that he will not make any future disclosures of corruption here in Australia. Kay is in prison now in Melbourne and due to be tortured within days. This case is the most recent of several similar abuses in the Australian State of Victoria.

Recently another whistleblower Bob Kerr, was subjected to similar psychiatric abuses here in Melbourne where his brain was literally fried after he was imprisoned for blowing the whistle on Police corruption in the Latrobe Valley. Similar attempts to use psychiatric means to silence whistleblowers Alan Brygel and Mick Skrijel both in Victoria) failed.

A spokesperson for Justice Action Mr Gregory Kable said, "In New South Wales it is my understanding both medical professionals and the police openly lie in court and in the area of their practice. I have first hand knowledge because I have seen it." "How it is done is simple they are told to lie by people in high places or given the wrong information and allot of the time because of noble cause corruption or political interference to win votes or protect people in high places. "

"In my case a senior police person described me to a health professional as a lunatic when I went to see my local member on more than one occasion to complain about police corruption that was ongoing. She believed the senior police 'wouldn't you'?"

"My local member took out an AVO against me?" "Why? Because I placed a poster on her office in Paddington because police continued to harass me for making a complaint subsequently I was given enough drugs that would put down an elephant from a mental health worker and lost my liberty for three days until a magistrate released me because I had caused no damage and had committed no crime."

Please report and disseminate this information as widely as possible. Such human rights abuses are common here in Australia, even though the governments here pretend otherwise. Further information on the Ian Kay matter can be found by phoning the Whistleblowers Australia, Vic Branch, Abuses hotline on 0412 777 211

By Ian Kay and Justice Action 28 April 03

Whistleblowers Australia


Related:

Why the NSW Police wanted to see me last night
I worked hard all day yesterday as a volunteer at Justice Action and I arrived home at 5pm. At 6pm my mobile phone rang.

Police to uphold law not decide mental health
A diagnosis of mental illness could be made over the phone instead of in person, and involuntary psychiatric patients could lose the right to have their case reviewed by a magistrate, under proposed changes to NSW mental health laws.

Call to Bronwyn Bishop's Federal Crime Inquiry
I call on Bronwyn Bishop to allow me to produce first evidence about police corruption and to be able to attend Parliament House Sydney without fear of conviction.

The community questions ICAC's slagging and fobbing you off?
The ICAC, Commissions, Ombudsman, Police Integrity Commission (PIC), and numerous Tribunals etc, are all arms of government set up as an insurance police for the government's 3 or 4 year election terms. In short they'll be out of office by the time you may be lucky enough to have your matter heard.

There's a new lap dog looking for a lead in Bligh
Gary Burns a known police bend over boy (giving evidence he knows nothing about) to police as a witness should be trying to get elected at the RSPCA said one of his victims Mr Gregory Kable.

Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Wednesday, February 5, 2003

Former attorney-general sworn in as no mercy judge

The state's newest Supreme Court judge, and former Labor attorney-general, Jeff Shaw, has issued a warning to his former political colleagues: do not allow the vagaries of politics to undermine the independence of the judiciary?

But it is a pity Jeff Shaw didn't see it that way when the Carr government attacked Gregory Wayne Kable and denied Kable his democratic and civil rights to sue the government over his 7 months of false imprisonment and assault under the guise of the Community Protection Act 1994. The (CPA) a law designed for one person when Liberal Premier John Fahey thought he was God.

In fact the Carr Government went further and arranged a conspiracy by police to undermine Kable's integrity and to deny Kable access to Parliament House Sydney to tell his story to the other 300 politicians.

The High Court ruled the CPAct ,1994 as invalid but that thwarted Carr's leverage to gain votes by having less power to exploit citizens like Kable. So Carr decided to trip Kable over while he wasn't looking in the hope that he could save face and explain that the High Court was wrong to overturn draconian legislation.

These matters are shelved because a forum cannot be found to show evidence that the Carr Government is corrupt and that Carr himself should be jailed as a criminal.

Jeff Shaw Carr's previous hatchet man retired and now on the bench Shaw must be watched very carefully because Carr slotted him on the bench and now you read about how nice the guy is.

Shaw didn't say he was fed up doing Carr's dirty work. Shaw didn't admit that he was doing Carr's dirty laundry and would now like to wash his own cloths of the stench from Carr and his cronies.

There will always be a lackey like Bob Debus who should be jailed along side Carr. Perhaps we could put them in the same Cell. How about the High Security Unit in Goulburn segregated with no air, and a television that watches you for 23 hours a day?

In a short but pointed speech at his swearing-in ceremony in the Banco Court in Sydney yesterday, Justice Shaw also quoted the American writer Alexander Hamilton, who described the judicial sphere of government as the "least dangerous branch" .

"Although some of my former colleagues in the legislature might disagree, I accept the view of Alexander Hamilton, whose 1787 commentary on the Constitution of the United States referred to the judicial sphere of government as the least dangerous branch," he said.

"It is a check and balance against possible excesses of the executive and legislature."

Surrounded by friends, family, former political staff and legal and political figures including the Chief Justice of the Supreme Court, Jim Spiegelman, Gough Whitlam, Neville Wran and several current and former Carr Government ministers, Justice Shaw said his dual careers had provided invaluable insights.

He said working first as a barrister and then as a member of parliament and a minister had given him a clear sense of the "difficulties and pressures" faced by the court system and the government.

However, he advised there be "caution and proper consideration" before legislators circumscribed the powers of the courts in individual cases.

"I understand the vicissitudes of politics," he said. "However, nothing has diminished my profound belief that the independence of the courts and its judicial officers is utterly central to a free society."

He said that while the doctrine of the separation of powers might not apply in the strictest sense to a state parliament, judicial independence was also central to "our liberal democracy".

"This requires the fearless adjudication of matters whatever might be the criticisms that come from individuals, the media or even the executive government in relation to such decisions.

"It is important that there be understanding, knowledge and respect in the relationship between the executive government, the legislature and the courts."

Justice Shaw said that "a culture of civility" between those who made the laws - politicians - and those who enforced them - judges - was also imperative.

Judges, he said, afforded appropriate respect to the intention of legislation when applying legal provisions to particular cases before them. "Likewise, it is vital that legislators understand and respect the decisions of courts in individual cases, where the legislation is valid."

Tele Tales

Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Partners in crime - history!

Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

By Gregory Kable 5 Feb 03 State Civil Prisoner

God: Now Soothsaying is up to me! Everyone I speak to has faith in Shaw but I tip him as the No Mercy Judge.When you put yourself beside your fellows look into the mirror and own up to your deceit only then will the true man emerge from the bench. Cross your fingers.


Related:

Australia: politicians should watch police
In Sydney yesterday the Opposition police spokesman, Andrew Tink, urged Federal Labor MPs to allow the public hearing of the claims, which include that senior police, the PIC and the Ombudsman's office were failing to investigate legitimate complaints of misconduct, including corruption in the police promotion system.

The community questions ICAC's slagging and fobbing you off?
The ICAC, Commissions, Ombudsman, Police Integrity Commission (PIC), and numerous Tribunals etc, are all arms of government set up as an insurance police for the government's 3 or 4 year election terms. In short they'll be out of office by the time you may be lucky enough to have your matter heard.

Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."

2,500 crooked detectives? Or a corrupt Government?
Evan Whitton: Either two things occurred. If you said you didn't join the police force to extort money from working girls, your papers were marked 'not suitable for plain clothes' and you were sent back to uniform.

How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.

This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.

Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.

Bob down and sniff my arse
These are serious invasions of privacy and draconian laws? Where are our democratic soldiers, the lawyers and the barristers who need to take on the government in the courts? Are they plastic? Or to busy feathering their nests? Or have they been cleverly purchased by this black government. Drug test police and politicians, and have the tests independently accessed.

Come in spinner? Or Come in sinner?
"You don't have, in my view very vigilant processes. I suppose it's akin to the problem of corruption within the police," he told the ABC radio. " People say there's corruption with the police (but) do you get the police to investigate problems within their own ranks?

Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.

Australia's Political Underworld...& their enforcers
The promotion of law and order means money to big business. Profits from insurance, security fixtures, patrol services and the like can only continue to grow if the perceived threat of uncontrollable crime wave escalates. In the past few months there have been many examples of the true nature of our blood thirsty politicians and their sinister attempts to spoon-feed a not so gullible public with their repetitious rhetoric.

Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.

Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.

Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:

Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').

Wednesday, April 24, 2002

Lord Denning

Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Lauer tells court. Former NSW police commissioner Tony Lauer told the Supreme Court on February 7, 2002, corruption had not only existed at a high level within the police force, but also in different governments.

In the witness box at his damages case against John Fairfax Publications Pty Ltd and former police board member Gary Sturgess, Mr Lauer said corruption had ``involved the government of both political views". He said he was supported in that view by the Lusher report a judicial inquiry which in 1981 reported.

In support of a Police Board, Lusher (p 785)states;

"...a compelling consideration pointing towards a Board is that the task of administrating and directing a police force of this size and also to implement the necessary changes...is likely to be beyond the capacity of one man. (sic)"

"The introduction of a Board would open the way for appropriate management and administration skills to be brought to bear on the decision making process within the organisation."

"...it should be possible in some form to leave the administrative responsibilities with the Board and at the same time preserve the traditional position and independence of the Commissioner as well as individual police in decisions relating to law enforcement."

(P 788) "...the Commissioner of Police should, subject to the direction of the Minister, be responsible to the Minister for the superintendence of the Police Force in the sense of its operational command and have the further function of implementing within the Force and complying with the policies of the Board of which he (sic) is a member."

"...the Commissioner in substance, would be in no greatly different position in principle than he is now in implementing government or ministerial policies: indeed he would have the additional advantage of having taken part in their formulation as a Board Member."

Lusher's report. Lusher (p 792) recommended;

"The Board or its nominees should have power to enter into and upon any police premises at any time to call for and inspect all or any police records, documents, files etc and to question and seek information from any member of the Police Force. It should be the obligation of all members of the Police Force to give all assistance and cooperation to the Board or any members thereof or its nominees."

The Concepts of Police Independence and Accountability

A common objection to the notion of Police Boards expressed by Police Commissioners (and others opposed to the concept) is the perception they pose a threat to police independence and the commonly held ideal that police should be accountable to the law only. However this argument in reality has little force because, as Lawson (p 27) accurately notes, the police mandate is ill defined and there is no clear definition of police accountability.

Byrett (1994 p 39) in a discussion on the role of police in a democracy and their relationship with Government, encapsulates the vexed policy considerations surrounding the idea of police independence;

"...the purpose of the police suggests the necessity for sworn officers...to be able to carry out their duties individually and in an unbiased manner. This policy requirement, however, has to exist within the constraints of the liberal democratic model.There is an element of contradiction in such a notion.

The principle requirement of a liberal democracy is supremacy of Parliament; the right of Parliament as a body of elected representatives of the people to control all functions of the state. In so far as the police is concerned the ideal is to permit sufficient autonomy to preserve credibility " Essentially then, any consideration of police independence and accountability must consider the competing and conflicting objectives that, on the one hand, those who apply the law should be able to impartially exercise their authority free from political interference and on the other, the idea that the police, just like any other large public body, be accountable directly to the Government of the day.

Byrett (p 43) points out that Lord Denning's judgement in R V Metropolitan Police Commissioner; Ex Parte Blackburn [1968] 2 QB 118, is often quoted by proponents of a strict notion of police independence as a "...a Bible..." As Byrett notes, Denning is quoted "...in virtually all legal writing on police..." so it is worth reproducing the main passage of his judgement at length;

"I have no hesitation in holding that, like every constable in the land, he [the Police Commissioner] should be, and is, independent of the executive. He is not subject to the orders of the Secretary of State, save that under the Police Act 1964, the Secretary of State can call upon him to give a report, or to retire in the interests of efficiency.

I hold it to be the duty of the Commissioner of Police of the Metropolis, as it is of every chief constable, to enforce the law of the land. He must take steps so to post his men that crimes may be detected; and that honest citizens may go about their affairs in peace. he must decide whether or not suspected persons are to be prosecuted; and, if need be, bring the prosecution or see that it is brought.

But in all these things he is not the servant of anyone, save the law itself. No Minister of the Crown can tell him that he must, or must not, keep observation on this place or that; or that he must, or must not, prosecute this man or that one.

Nor can any police authority tell his so. The responsibility for law enforcement lies on him. He is answerable to the law and the law alone." ([1968] 2 QB 118, 135-136)

By Gregory Kable 24 April 2002

Related:

Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:

Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').