I had advised Albury Police via email last year, that I was taking my case to the Federal Court. Not long after, they assaulted me, and have charged me with sending them that email.
The Application for a Judicial Review had to be lodged within a month of the NSW Judicial Commission making its decision to exonerate a corrupt Magistrate. By the time I’d finished making complaints about the assault, to other agencies, my time frame had expired.
In December 2016, I received another decision letter from them. This one would have been so easy to disprove. It exonerated Tony Murray on every date that I appeared before him, without mentioning the day that he had acted the most corruptly.
Being Christmas, and with a promise of legal assistance which later fell through, I didn’t jump on the change to make a new application. By the time the time period had expired, I knew that I would soon be in receipt of another decision, again exonerating him, and planned to act on that one.
At hearing in the Albury Local court in February 2017, staff at the court house claimed it is not possible to make application to the Federal Court based on corrupt dealings in a local court. They tired to make me appear stupid for even saying that I was going to do that.
A week or so later, I checked the NSW Judicial Commission Website. The information I had read originally, had been removed, and replaced with a statement that their decisions are final, meaning there is no ability to appeal them. Google showed that their website had last been updated, in February.
I meant to ask in the Albury Local Court this past week, if they are proud that process had to be taken away from the public of NSW, just to protect Tony Murray.
However, instead, they were once again mocking me for even stating that I had been preparing to do that, last year and again this year. They advise me to take it to the NSW Supreme court instead.
I have downloaded the forms for that, and while I stated in court the other day I would need to seek legal advice on completing the application, I’m pretty sure I can work it out for myself. I was just confused as to who the one being summoned was this time. It appeared to be the people my court cases involved, and not the Chief Executive of the NSW Judicial Commission, in their process. However, the was a part of the form where I had to enter the details of who’s decision I was challenging, what government department he worked for, and his name.
I just went to take a screen shot of my partly lodged application with the Federal Court. I’ve forgotten my login codes. Once I find them, I will do that, and post them to this page.
In the meantime, here is the email exchange between myself, and the registry of that court house.
Sent: Sunday, 16 October 2016 8:45 PM
Subject: Application for a Judicial Review
Please find attached documents, which are an application for a Judical Review at the Federal Circuit of Australia, in either Albury or Sydney Court.
I am able to register with elodgement, however I am unsure if that is the correct process for an individual working without representation.
I am hoping you will check that I have completed the forms properly, and lodge them on my behalf, if acceptable.
If you are unable to do that for me, but I am still able to make the application, please advise if elodgement is the next step in that process.
The reason for the appeal is that I have been denied my common law right to fair and impartial dealings by Albury Local Court, under Magistrate Tony Murray, after I was summoned me to appear in answer to various allegations. I believe the process was corrupted by an employee of the CJC, acting illegally for personal friends at her regular place of employment.
The decision being appealed was made on 20 September 2016, has the reference number C/16/26, and was made by Mr E J Schmatt, Chief Executive of the Commission.
Do I submit my evidence with this application, or will the Judicial Commission supply you with it?
I see that the Court will have two sittings in November 2016. I would be available for either date, however the earlier one would prevent yet another miscarriage of justice, at Albury Court House on 14 November 2016.
From: eLodgment_admin <eLodgment_admin@fedcourt.gov.au>
Sent: Monday, 17 October 2016 9:36 AM
Subject: RE: Application for a Judicial Review
Thank you for your email. Please follow the below link to register for eLodgment and once registered, you can upload your documents.
Business Applications Team
Corporate Services | Federal Court of Australia
Sent: Monday, 17 October 2016 10:32 AM
Subject: Re: Application for a Judicial Review
Thank you for your assistance. I will do that today.
From: eLodgment_admin <eLodgment_admin@fedcourt.gov.au>
Sent: Monday, 17 October 2016 10:47 AM
Subject: RE: Application for a Judicial Review
Thanks for the email and your registration has now been processed.
Business Applications Team
Corporate Services | Federal Court of Australia
Sent: Monday, 17 October 2016 2:00 PM
Subject: Re: Application for a Judicial Review
Thanks once again for that. It occurs to me though, that while the application fee has been waived, what the court costs would be if I wasn’t successful at hearing.
Is there a link to that information online, or are you able to give me some idea of how much a 1 hour hearing would be?
Or would I be exempted from court costs, since it is NSW government employees who created the need for the case, and the payments for same would have to be deducted from my disability pension over a period of many years.
Dear Ms Karma
It would be beneficial for you to seek legal advice regarding court costs. Legal Aid or Community Legal Centres can offer free legal advice to people on a variety of matters.
Business Applications Team
Corporate Services | Federal Court of Australia
Sent: Wednesday, 19 October 2016 10:29 AM
Subject: Federal Circuit Court Appeal
Dear Mr Schmatt
When I uploaded my application to the Federal Court yesterday, I noticed that I needed to complete an affadavit before being able to lodge.
I will prepare that today, spelling out the areas where I believe you have deliberately overlooked misconduct, and corruption of processes, in your decision letter of 20 September 2016.
I’ve been tossing up between the two dates available for a hearing in Albury next month, and whether to book this review before the next four illegal charges against me are heard in the local court, or after.
I think I’ll go for the one later in the month, but book it now, so that if the Magistrate at the Albury Local Court sentences me to a prison term, that hearing will already in place, and I will be able to advise the court on the 14th that they will need to make arrangements for me to be released on 28 November, to attend the hearing.
I have also appealed my complaint to the Tax Practitioners Board all the way to the AAT, who don’t want to accept the case. Therefore, I’m now entitled to an administrative review of the TPB’s decision to allow BDS Huon to protect an employee who is breaking federal regulations, in the Federal Court as well.
That decision made by the TPB back in February of this year, allowed the owners of BDS Huon to carry on with acts of professional misconduct, some of which were outright illegal, and which still continue today.
I might book that hearing too for the same date, since I will be entitled to seek compensation against BDS Huon in that matter, to pay any costs I incur in taking your decision to the same venue.
I won’t send you a copy of the Affidavit, once it is ready, because I think you are fully aware of all of the areas where you deliberately overlooked the truth, and handed down a judgement which is just as questionable as all of Tony Murray’s were.
Have a nice day
I later found out that court costs would have been $1,650 had I lost. That was the main issue holding me back from going that route all along. Once I saw that it was only that amount, I decided earlier this year it was worth risking the loss of that much money, to quash $3,884 worth of fines, and the jail term Murray is determined to sentence me to.
Oh, the reason I made sure I had a private prosecution form with me the other day, ready to lodge at hearing and ask for a waiver of the fee, was because the transcript of 12 December 2016, records that I stated at that hearing that I had lodged one that same day, at the office.
But there would be no record of that, because that never happened. Which tends to make me look a bit silly. So I bought one with me, and was going to ask why it hadn’t already been listed, since it was lodged on 12 December 2016.
In fact, as Magistrate Cromptom heard, I actually took three along with me, just to cover the issue throroughly.
The day I did try to lodge private prosecutions, was earlier than that, I’m pretty sure. I’d be able to find a record of that on the Australian Police Watch group, because I make a post that I’d just checked the process. I was told by Belinda Brady, the Registrar, that it was $110 for each application. I just had two with me that day, but each listed several charges. She advised each charge had to be put on a different application form, therefore I needed to pay a lot more money to lodge them. I said I would just take them home and narrow them down to the one charge each then.
I probably stated in court in December, that I would be lodging private prosecution against the CJC the moment their employee’s charge was listed for hearing. I was trying to get the Attorney General to just force her to drop the charge, instead of me having to pay to counter charge her, for the same offence.
Sent: Sunday, 23 October 2016 12:56 PM
Subject: Police Illegally Searching Through Defence Brief and its Documentation
Dear Mr Schmatt
Would you care to comment on the legalities involved in this. Instead of stay, I think I will seek to have all of the charges dismissed, based on this violation.
Police Complaint Made on online via portal to Commissioner’s Office
23 October 2016 (Two were sent the previous evening, as soon as I arrived home from the police station, describing other aspects and events of the evening.
Please be advised I have just gone through my laptop bag, serving as my brief case, which police searched illegally last night, by asking me if I wanted to bring any documents from me, and then took the brief case from my possession once we were outside the gate of my property, and then had the power to search it. They did so without my knowledge, and without being within my own site when they did so.
As you are aware, I am acting as my own legal defence in these matters. Therefore, you have just illegally searched the documents held by my solicitor, to use in my defence against your false and unlawful charges.
I have just gone through the bag, and see that the documents which have been rifled through the most are all of my defence briefs for the four illegal charges I am being forced to defend on 14 November 2016.
I also note the confirmation of complaints from the Judicial Commission, which were in a plastic sleeve, and then not returned neatly to it, were also of particular interest to them.
I will be seeking legal advice about the legality of you searching my solicitor’s legal briefs, while they were still being prepared, but had not yet been lodged for your full perusal. However, your arresting officers were advised by email on Monday, that my case against yours was bigger and stronger, and two of them were supplied with the drafted list of evidence.
Wow. You guys sure are corrupt. And again trying to cover Mrs XXXXXX’s ass. Yet I have evidence of all sorts of illegal activities on her part, and which again, is why she has now sought to be have me arrested, roughed up, and further intimidated, in your hope that I will leave town.
Yes, I might. I might move to Penrith area, so that your superiors, and those at the CJC, find it easier to attend the relocated hearings.
Not mentioned in the above report, also ICAC reports rifled through. Police would be aware, if they have started looking at the documents listed in my email to them, that the AVO applicants are more guilty than they realized, and they all had no cases against me, and now they have only made that worse.
I eagerly await your reply.
Subject: Fw: Stay in Proceedings
For your information.
Albury Court House is just simply too corrupt for me to allow them to sit in judgement of me one more time.
Sent: Sunday, 23 October 2016 10:35 PM
Subject: Stay in Proceedings
I will be lodging an application for a stay in proceedings, or change of venue, sometime this week.
This is because xxxxxx, after being advised she would be summoned by police, by the defence for cross examination, in matters before the court on 14 November 2016, she has in turn had Albury Police arrest me on a trumped up charge of offensive language, via misuse of telecommunications equipment, in the form of two emails.
She is listed on the arrest documentation as being an employee of Albury Court House. Part of the allegation from police is that she is particularly offended that I refer to some of her colleages at the Court House as ‘fucking wankers’ and herself as a lying cunt.
As we are both aware I have been making allegations against her involvement in matters before the court involving xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Mrs xxxxxx has already made false statements to police, designed to distort her own previous relationship with myself.
Based on those two reasons, I will not be guaranteed a fair hearing at your court house. I also have a complaint before the Judicial Commission, about Magistrate Cromptom, and have lodged four with that same office about Magistrate Murray and xxxxxx involvement in these same matters.
After recently being exonerated by the Attorney General’s Department and the Judicial Commission, Mrs XXXXXX engaged police to arrest me, assault me and then charge me with resist arrest when the male officer was attempting to break my wrist.
Mrs XXXXXXis also already guilty of concealing of concealing evidence in her matter against me.
Albury Police seem to have created an opporutnity to search through my defence documents, in relation to the hearings on 14 December 23016, and illegally so. They’d been emailed a preview of those defence cases on Monday of last week, in an attempt to let them see that they should just drop the charges, as the only ones convicted by the evidence will be XXXXXX and XXXXXX. Therefore, once again making a fool of Mrs XXXXXX.
Police have listed this new charge for the same day I am being forced to defend four illegal breach charges. Made illegal by non service of the AVO they relate to. This is what caused my three angry emails to and which were merely forwards of the new complaints I have had to make about two of the arresting officers, for two of the charges next month, with two words written by myself only being ‘lying cunt’. Mrs XXXXXX assumes I was calling her that. Maybe I was referring to the police officers I was complaining to the Ombudsman about, due to her perversions of the course of justice, and her conspiracy against me, which is now designed to protect her own employment and credibility.
Police were legally entitled to view my defence on and after 7 November 2016, after I had lodged it with both the court and themselves. They invited me to bring documentation to discuss, and then took it off me claiming I could have nothing on me in the police van nor the cell, and which is the altercation which they claim involved myself resisting their arrest.
They they rifled through it all, and possibly copied some of its contents, on the pretence they were searching items I had on my possession when taken into custody. I think this must be highly illegal, when you consider I am my own solicitor and they just illegally accessed the full brief they were sent a preview of earlier in the same week.
My other grounds for the change in venue will of course by the complaint I had to lodge last week about Belinda Brady’s refusal to declare the four upcoming charges to be invalid, due to non service. Refusal of Magistrates and the Registrar to accept documents which prove perjury on the part of XXXXXX’s personal friends, being XXXX and XXXXXX. Refusal of the court to ask XXXXXX to show current photo ID, to reprove her identity after having applied for the AVO in a false name.
The appeal to the Federal Circuit Court regarding the outcome of the Judicial Commission’s investigation into Magistrate Murray will also be grounds for the change in venue of any matters involving myself, before the Albury Local Court. I will be seeking to have all decisions made by Magistrate Murray on 29 February 2016 overturned.
Other grounds will be the waste of taxpayer’s money and resources on these ridiculous court proceedings, on appeals and more appeals, all of which I am granted for free, and which related to what was, and still is just a family fight, and which XXXXXX and Jon Williams of BDS Huon turned into criminal matters, and tried to paint myself as the criminal. Yet it was those two and their AVO applicants who did that, when they made false allegations in a court of law against myself.
The previous Registrar advised me that I would not be allowed to defend the matters. That I would be fined and charged court costs if I did. That is exactly what has occurred, and not just in one instance. I will not tolerate these miscarriages of justice any longer. I will be seeking that all of these matters be dismissed completely from the NSW court system.
The staff at your court house who have involved in all of this, are a disgrace to your younger employees, all of who know that XXXXXX is guilty of my allegations, as they have all witnessed her take part in proceedings, and associate with the complainants within the court building.
Sent: Monday, 24 October 2016 8:47 PM
Subject: Cromptom Complaint and Stat Declaration No More Appearances
Dear Mr Schmatt
Please find attached signed and witnessed copy of my recent complaint about Magistrate Cromptom, and which has been revised to include recent events. Being the assault of myself by Albury Police, at the request of XXXXXX, of the Albury Court House. The original is in the mail.
Also attached is a statutory declaration explaining why I am lodging my defence early, in preparation for Mrs XXXXXXexercising her new ability to have my bail revoked, and myself jailed until the 14 November 2016. That would of course deny me the chance to finish preparing a defence for the four charges she had her buddies at the police station bring against me, and lodging it with the corrupt Albury Court House in time to be taken into consideration by the presiding Magistrate.
Also attached are the emails which frightened XXXXXX so much, when police advised her the defence was once again about to prove that her friends lied, and an innocent person was convicted. This was the other reason for my recent ordeal in harassment, at the hands of Albury Police officers. One of who tried to break my wrist. So that I can’t type up my defence statements and embarrass XXXXXX professionally again, by way of exposing her friends and in turn, herself in the court room. These are the ones I have been charged for sending to police, as part of Mrs XXXXXX’s complaint against me.
Also attached is some more intelligent and mature emails from your NSW Justice employee, Mrs XXXXXX of the CJC. Singing the praises of Tony Murray,.
I didn’t lodge the defence documents today. I’m giving myself another day to calm down before I walk into human trafficking head quarters in Albury. However, I will do that tomorrow, and then never set foot in that cesspit of corruption ever again.
Attachments: Stat Dec dated 24 October, refusing to set foot in that court house ever again, after having been assaulted, as displayed on the blog. Judicial Complaint, Magistrate Cromptom, and some other documents.
Sent: Tuesday, 14 February 2017 10:06 AM
Subject: 13 February 2017
Dear Mr Schmatt
You should phone the Albury Court House and ask for a copy of yesterday’s proceedings against me.
Not only were they in direct violation of an order and agreement made with the last Magistrate, who had to be flown down to Albury to sit on the bench when Tony Murray had to disqualify himself for vast amounts of collusion and illegal conduct, the whole day was just a sham, and involved more acts of illegal behaviour by staff at that court house.
I will probably be lodging a complaint against Magistrate Cromptom. But that complaint will not cite him for illegal behaviour of his own choosing, I will be making the complaint that Tony Murray is constantly directing Cromptom not to undo any of his dirty work, and not to grant the applications for motion that were supposed to be heard yesterday and still have not been.
They were barely addressed and certainly not heard, despite myself having to be there for most of the day. Instead, Cromptom tried to hear a new application for an extension by XXXXXX, and attempted to ask her input into the decision for a change of venue.
(lol, I’ll edit that paragraph out, to save them more embarassment)
What do you think the public thought, who were a witness to me standing in the court room, demanding my legal right to motion, after having been assaulted by police on order of an employee of that same court house? And for reasons of collusion and corruption of processes. Two prominent lawyers were in the court room, on both of those occassions, and witnessed it all going on.
These people associated with the court house, and the police, have been bringing new charges against me, for lodging complaints about their illegal conduct. THERE IS A LAW AGAINST THAT. Please advise if that only applies to Judges and Magistrates, or mediators and corrupt Registrars as well, because I will be seeking to use it against them.
WHAT A FUCKING JOKE YOU, AND EVERYONE AT THAT COURT HOUSE IS. AND AS USUAL, THIS IS ALL BEING POSTED TO THE INTERNET AND BEING READ BY PEOPLE ALL OVER AUSTRALIA.
Because they all know, that the Federal Court Judge would only have to read 6 pages of transcripts, a two page statement from Constable Rowan Weekley, and the four page defence statements addressing that which Murray forgot to read, and all decisions of that day would have been overturned, on points of law.
Then I would have asked to be able to claim my expenses, and compensation, for the ordeal.
Once I started threating to sue the NSW Attorney General, she was replaced by Mark Speakman. He hasn’t responded to any of my contacts. A bush lawyer friend once told me that if you try to sue a government department, they change the head of it, so he can just claim that he didn’t know anything about the situation.
The NSW Police Commissioner has just removed his retirement forward, from what I thought I’d read not long ago. I’ve been threatening them with their own suit too.
I’ve recently lodged a complaint with the NSW Information and Privacy Commissioner’s Office, about the Registrar of Albury Court House providing information to, and colluding with, the original complainants, who are happy to assist them to bring new false charges against me.
I’ve posted that letter to the Chief Executive of the Albury Court House too. I’ve had no acknowledgment from them as yet, regarding that.
Yet, the Albury Local Court still has me facing six false charges, two new matters, and continues to extend the bail conditions police placed on me. Not to offend them or other court staff, online.
If I weren’t afraid of tsunamis, I would have sought political asylum on a tropic island in the Pacific by now, to escape NSW Police, and other assorted government employees.
I’d forgotten I’d lodged this complaint, about Cromptom, last year. I was so sick back then, after the assault. No wonder he is acting so corruptly this year.
With this attachment:
|Federal circuit court of australia
|File number: …………………………………………………..|
|COURT USE ONLY|
Tracey Gwendoline Burt
Judicial Commission of NSW
Name of deponent: Tracey Gwendoline Burt
Date sworn / affirmed: 2nd November 2016
I, Tracey Gwendoline Burt, of 834 Lamport Crescent, West Albury, New South Wales, disability pensioner, make oath and say / affirm:
- That the judgements made by Magistrate Tony Murray of Albury Court House on 29 February 2016, were the result of false allegations, and should be overturned.
- That Albury Local Court and NSW Police refused to grant me access to the evidence they claimed to have against me prior to the hearing of the charge on 5 February and 29 February 2016, and again for appeal on 11 and 18 April 2016, which resulted in false convictions being handed down against myself because I could not address same allegations..
- Albury Local Court and Magistrate Murray refuse to overturn any of the judgements made against me, refuse to re-examine the defence evidence against the allegations originally presented, and any evidence offered to the court since, which proves perjury on the part of Susan Ward and her mother Janice O’Bryan.
- That the AVO application made by Susan Ward is not legal, due to her having applied for it under her maiden name, which she has not used for over 30 years. The application is made by Susan Gaye Burt but signed by Susan Gaye Ward.
- Albury Court House are refusing to cease hearing charges of breach, which have been made invalid and illegal, due to the requirements of service not having been met by Albury Police.
|Sworn / Affirmed by the deponent
|At: Albury, New South Wales|
|On: 2nd November 2016||Signature of deponent|
|Signature of witness
|Full name of witness: …………………………………………………………………………
|Qualification of witness: ………………………………………………………………………|
Affidavit by Tracey Gwendoline Burt
- On 28 October 2016 I was provided with a copy of the police brief for my arrest on 19 January 2016, charged with breaching an interim AVO held by Susan Ward.
- I was convicted of this charge on 29 February 2016, in my absence, by Magistrate Tony Murray at the Albury Local Court.
- I appealed the conviction on 11 and 18 April 2016. Tony Murray refused to hear the appeal, ruling that a letter from my GP confirming the condition which prevented me from attending court was inadequate.
- I asked Albury Police to allow me access to the evidence they planned to use in court against me, at the hearing listed for 5 February 2016. They refused. I made another request using an online portal to the NSW Police Commissioner’s Officer, making the same request, but as my own legal representative. It was ignored.
- At hearing on 5 February 2016, Magistrate Cromptom ordered that the three AVO applications, being one made by myself against Susan Ward, and two made against me, be sent to mediation. The police prosecutor was present, in relation to the allegation of breach. The Magistrate had read my defence statements in relation to that charge, and left it to be heard once it was determined if the AVO should be awarded.
- Magistrate Murray relisted the breach charge for hearing on 15 February 2016. I was not notified that the matters had been revoked from mediation. The summons to court I was sent in the mail, does not match the one the court shows on their records.
- I believed that the summons was notice of a date for the mediation. I attended the court house, and found that I had been summoned to answer a criminal charge instead. I was unaware of what that charge was, and left the court house, due to previous corruptions of these matters by an employee of the court house, who is personal friends with both of my accusers.
- The court relisted the matter for 29 February 2016. I advised the court via email that I would not participate in any more hearings, due to having already made complaints about what seemed to be unfair dealings, and attempts to hinder my ability to defend myself. However, I changed my mind and intended to appear, armed with more defence evidence against the AVO applications. I developed fluid on me knee a few days before the hearing, and was unable to attend.
- I assumed the AVO’s would be granted to the accusers in my absence. I was stunned to learn that I had been convicted of the breach allegation, and fined $560 in total.
- Immediately after being charged for the breach, I lodged a defence statement with the court house. The Magistrate presiding over the hearing on 5 February 2016, read that statement.
- Magistrate Murray appears not to have, especially when he claims to have revoked the matters, due to an incidence of violence having occurred.
- On 24 March 2016, I wrote to Superintendent Quarmby of the Albury Police station, asking once again to be able to see and hear the evidence claimed to hold in relation to that charge. Spt Quarmby deliberately did not reply to my letter, until the day of the appeal hearing.
- Spt Quarmby advised I could make an appointment to be given access to the evidence, if the matter went to hearing. However, it had already been heard, and I’d already been convicted. He also advised that the prosecutor could give a copy of the brief to me at hearing.
- The hearing was held over for another week, to give me time to get a letter from my GP. At the second hearing I asked the prosecutor for a copy of the brief. She pretended that she did not know what one was, or why I would even ask that. Tony Murray also mocked me, and then neglected to give the copy of Spt Quarmby’s letter back to me. Fortunately I had a copy at home.
- I have advised the Judicial Commission of NSW that the transcripts coming out of the Albury Court House are being changed, to hide corruptions in the proceedings. The letter from Quarmby is one of those examples, where all of the mocking statements are not entered into the transcript and instead it is pretended that the letter was entered into evidence, without objection.
- During those proceedings, Magistrate Murray asked me if I was mentally ill, for trying to state my case. In the transcript, that statement has been changed to read ‘do you have mental health issues’. The entries surrounding the GP’s letter disguise its real contents. Yet the Judicial Commission claims that Magistrate Murray treated me well that day, and was helpful to me, since I was representing myself. I do not agree with that.
- The Judicial Commission also found that Magistrate Murray had every right to revoke the matters from mediation, based on a false allegation made outside of the court room, and for which there was no evidence presented at the hearing into same, on 15 February 2016.
- Magistrate Murray claims that the incidence of breach has caused the civil matters now to be police matters. Yet the prosecutor on the day had no knowledge of any allegations made against me, nor any record of same. The accusers also do not confirm nor deny the allegation.
- Magistrate Murray claimed that the criminal charge of breach negated the requirement for the defence evidence to be considered in relation to the AVO application. He then awarded two AVO’s against me, cancelled my own against one of the accusers, and then convicted me of the breach.
- I do not believe that it was appropriate to grant an AVO to Janice O’Bryan, based on an allegation of breach of Susan Ward’s interim AVO.
- In finally being given access to the police brief, I can see the arresting officer added no new information or evidence, apart from his own statement of full facts, which I had disputed in my defence statement in relation to it, and a witness statement made by Susan Ward.
- The statement by Susan Ward was unable to be addressed by the defence, at any time, because I only saw it for the first time on 29 October 2016.
- All of the evidence Susan Ward supplied Con Weekley on 13 January had already been lodged with the court, and was awaiting to be decided by Magistrate. That was its purpose.
- How is it that Con Weekley was allowed to decide all of the matters, based on only part of the evidence supplied to the court, in relation to three different matters, and an untruthful witness statement made by Ms Ward the day after the defence cases had been lodged?
- That is what happened, when Magistrate Murray allowed this criminal charge to override Magistrate Cromptom’s decision, made on 5 February 2016, that nothing criminal had occurred between the parties, and to send the matters to mediation.
- Magistrate Cromptom was more qualified to make the decision, had read all of the submissions to the court in relation to all of the matters, and had the authority to pass judgement on same. Con Weekley did not.
- All of the proof that Susan Ward lied to Con Weekley on 13 January was contained in the evidence that she had provided him with on that same date. Yet he did not notice any of that.
- Magistrate Cromptom evaluated all of the evidences on 5 February 2016, and dismissed Ward and O’Bryan’s application as not even being worthy of a hearing. Magistrate Cromptom decided it was a family fight, which needed mediation before any further decisions could be made.
- Con Weekley changed my defence statements regarding the letter which is alleged to have been in breach, when he claimed that I did it for reasons other than what I had stated.
- My defence statements in relation to the letter show that it was an attempt to end matters, before they could get started. They also show that I believed it to not be in breach of the AVO, since I did not approach the protected person, nor her workplace. Therefore, if it was a breach, it was an unintentional one.
- Con Weekley claims that I wrote the letter to have my sister fired, and was therefore a deliberate and intentional breach.
- The defence evidence had disproven the two AVO applications, and the allegation breach was disproven by the corrupt actions of the arresting officer.
- Had I been given access to the new witness statement made by Susan Ward on 13 January 2016 to police officer Con Weekley before or during the hearing, I would have easily been able to point out its inaccuracies and outright untruths.
- I was convicted of the crime, and unable to properly appeal that conviction, due to having been denied my right to see that witness statement.
- The conviction was later set aside in the district court. I had to be granted leave to appeal it, outside the usual time period. It is relisted for hearing on 4 December 2016.
- I have appealed the awarding of Janice O’Bryan’s AVO, and been denied a hearing, due to the Magistrate ruling that the letter from the GP explaining my absence was not acceptable, and refused to ask Janice O’Bryan to reprove her case in my presence.
- The district court judge later ruled that the letter from my GP was acceptable, since I was unable to get a more comprehensive one, because the GP had gone on leave immediately after writing it for me, and still has not returned to the Medical Centre.
- I have made an application to revoke Susan Ward’s AVO due to misconduct on her part and her continued harassment of myself, and intimidation of my children into not bearing witness to the lies she is telling in court, and about the situation. Magistrate Murray refused to revoke.
- The Final AVO order for Susan Ward’s AVO was never served on me. The police served the one for Janice O’Bryan on 4 March 2016. At the time, I thought Susan Ward’s must not have been granted, until I received the breach fine notice in the mail the following week.
- When I advised Gwen Bradley, Susan Ward’s friend and neighbor in April, that I was appealing the first breach conviction, I was suddenly arrested again. For a phone call made three months earlier to Susan Ward’s employer, at a time of day that she would be at lunch and not answer the phone. I believe this arrest was contrived to sabotage the annulment hearing.
- In his judgement on that occasion, Magistrate Murray stated that he was aware that I had been charged again, and that affected his decision not to overturn the conviction. However, he had no paperwork for the charge, and was not aware of what it was, or if I was guilty of it.
- I was not aware that I was being charged again. The arrested officer did not interview me, nor contact me at all about the allegation. She simply filled out the paperwork, and I was summoned to appear in court in relation to it.
- At hearing on 29 February 2016, the police prosecutor advised Magistrate Murray that I had phoned and emailed Susan Ward’s employer. That phone call is what I was charged for in the second breach allegation. I believe I have been punished for that same phone call twice now, once in it contributing to having the AVO awarded, and later when Magistrate Murray fined me $1,100 for making it.
- That phone call was to advise Susan Ward’s employers that she’d had me arrested for a letter written to the company. I advised that I would be taking civil action against that company, for allowing that to happen. I followed up that phone call with one email, advising him of the date of the hearing for that charge and providing him with a copy of a page from the arrest documentation.
- After being treated unfairly at the annulment hearing in April, I gave Susan Ward’s employers a one star rating on google. They had Susan Ward have me charged for that, claiming that too was a breach of her AVO.
- The arresting officer for that matter was again Con Rowan Weekley. When I declined to come to the police station to discuss a new allegation of breach with him, as I’d been at the Emergency Room at the local hospital all afternoon, he again wrote an untruthful statement of facts, and again claimed that I had confessed to the crime. Yet, he’d never even told me what it was.
- I have been fined $3,884 in total for three of the breach charges stemming from what was an illegal AVO application, which was disproven by evidence, but granted by way of Susan Ward having made more false allegations to police on 13 January 2016.
- I do not believe I will receive a fair hearing, at Albury Court House, due to how these matters have run their course so far. I am also now facing a jail sentence, due to the amount of breach charges.
- At the hearing to revoke the AVO, I submitted to Magistrate Murray a Statutory Declaration swearing that the AVO Final Order was never served on me. He disregarded that information, and refused to revoke or annul the AVO.
- At hearing on 10 September 2016, I submitted the same Statutory Declaration to Magistrate Cromptom. He refused to accept that all of the breach charges have been rendered invalid and illegal, due to the requirement of service having not been met.
- Albury Police have now replicated the record of service for Janice O’Bryan’s AVO, and pretend that two were served on 4 March 2016. That is not true. Their record of service is also unsigned by police, and I did not sign for the one I was delivered. In fact I refused to accept it, and they left it on my doorstep.
- I believe, from information I have read on the internet, that I cannot be charged for breaching a Final Order made in my absence, but was never served on the respondent. Albury Court House refuses to remove the matters from the list, and intend to hear all four charges on 14 November 2016, and the first one which decided the AVO application, on 4 December 2016.
- I believe that a person cannot be charged with an unintentional breach. Yet I have been charged and convicted twice of that, and while both convictions are currently set aside, I believe they will be reinstated by the Albury Local Court.
- The arresting officer for the second charge of breach gives the date of service as being 27 November 2015, the date the interim AVO was served on me, and which was my first summons to appear in court. Magistrate Murray should have noticed that, before convicting me of it.
- While I can appeal any new convictions, I do not believe that I should have to, since the charges are now invalid and illegal. Especially now that the AVO itself is once unproven, because the conviction which ‘proved’ it, has now been set aside.
- These matters have now drawn out over the course of a full year. I am on disability pension for severe RSI in both shoulders, and slipped discs in my lower back, caused by degenerative disc disease running all through my spine. I have collapsed twice during these proceedings, once in February/March, and again in August/September. I simply cannot continue to fight these charges and false allegations for much longer. My health has taken a sharp decline through it all, from the stress and the constant court appearances, and the documents I have to prepare for my defence.
- I cannot afford to continue trying to defend the matters. I am entitled to claim expenses for having to defend false charges, but the court refuses to acknowledge that they are that, and were all along. On 22 October 2016 I attended the court house to lodge my defence statements and evidence for th hearings on 14 November 2016. I could not afford to make a copy of the documents, for the court, nor for the police. The court house refused to make their own copy from my originals. Therefore, I was unable to lodge a defence.
- I ask that this court overturn all of the decisions made by Magistrate Tony Murray on 29 February 2016. That would cancel all of the charges and hearings for the breach allegations.
- The Judicial Commission states that I have not proven my complaint against Gwen Bradley of the CJC about her involvement in these matters. However, the Commission is not the place to complain about a mediator, but I believe I have proven my allegations against her to other agencies.
- After being advised via email that I would be asking police to summon her to court for cross examination on 14 December 2016, as she is mentioned in the police statements made by Susan Ward, and then advising police that I would be taking my complaint about Tony Murray and the judgements he has made against me to this court, Gwen Bradley had me arrested on a trumped up charge surrounding two emails I forwarded to her. Both were merely copies of complaints I had lodged about two of the arresting officers in these matters with the Ombudsman.
- In carrying out that arrest police threatened to kick down my door if I did not come with them. They then assaulted me on the footpath outside my house, and one of the officers deliberately tried to break my wrist. They charged me with resist arrest. They let it be known they were going to keep me in the cell for the 6 hours they were legally allowed to. They listed the hearing for this new charge on the same date as the breach hearings, being 14 December 2016, so that I am now forced to attend those illegal hearings.
- I am actually on bail in relation to that charge, which police can revoke at any time. I believe this is another attempt to sabotage my ability to defend the matters, and to affect the outcome of those hearings.
- After arresting me on behalf of Gwen Bradley, the police officer then advised me to leave town. I believe he is supposed to say the opposite, don’t leave town because you have a hearing to attend soon.
- I have tried to lodge evidence at hearings which prove purjery on the part of the AVO applicants. The Magistrate refuses to accept any evidence of same. I have taken and emailed same and more to the Registrar, but again, all of this is ignored. Which is why I again ask this court, to over rule Albury Local Court in these matters.
- Susan Ward applied for the AVO to prevent me from following through with a threat to phone her employers and advise them that she is breaching her legally binding confidentiality agreement, by gossiping about their clients financial circumstances after work with her mother. The Registrar told me the AVO would not be granted, because it is illegal when it is designed to protect her ability to break the federal regulations which govern her industry, taxation accountants.
- The police brief received on 28 October 2016, shows that BDS Huon found my letter warning them about her misconduct, and her AVO application, on the day that I lodged my defence statements. It shows they sought legal advice about both issues. It shows they then worked with her, to have the AVO implemented against me, even after I had already advised them of her misconduct and had no other reason to contact them again.
- The owners of BDS Huon are bound by federal regulations to protect the integrity of the information they collect and hold about their clients. Yet they did not investigate my allegations about Susan Ward. Instead, they worked with her to silence me, and then to punish me when I would not remain silent about the false convictions.
- I believe this amounts to professional misconduct. Albury Local Court is ignorant of the federal laws requiring the owners of BDS Huon to be of good character, and to protect their clients’ information.
- I have an Interlocketary Hearing on 9 November 2016, with the AAT. I believe this would be a better venue to decide who is at fault here, taking federal regulations into consideration.
- Susan Ward applied for the AVO under the name of Susan Burt. The document is not legal, since the signature on the back, does not match the name on the front.
- Susan Ward told me in 2014, that she keeps her car registered to an address in Victoria which she had vacated years earlier, to save money on registration costs. The person who still lives at that address passes that mail onto her. I believe she must keep her driver’s licence at the same address.
- I believe that is why she applied for the AVO under the maiden name she has not used for over 30 years. I believe she showed the registrar her birth certificate and some bills to prove residency. I believe she deliberately did not show her driver’s licence, because it was disqualify her from making a complaint in a NSW court house.
- I believe she did not want to use the Wodonga court house, because then her mother could not apply for one at the same time as her. I believe that Janice O’Bryan only applied for her AVO to support Susan’s one, and to give it more credibility. However, Mrs O’Bryan’s AVO was easily disproven in just two pages.
- Both of these women falsified their evidence in their cases against me. That alone should have told the court something about them.
- I believe that the Judicial Commission has come to an unreasonable finding, to protect both Magistrate Murray and Gwen Bradley. However, I do believe the transcripts of the hearings provide enough evidence to have the hearing of 29 February 2016 declared to have been a mistrial and all of the judgements handed down that day, overturned.
- I believe that Albury Court House will not overturn any of their judgements against me, to protect Gwen Bradley’s employment with the CJC.
- Had the matters gone to mediation, they would have been resolved in March, and I would not be facing all of these criminal charges.
- I have been denied not only might right to fair and impartial dealings from a court house which summoned me to appear there, but also I have been denied the chance to defend the allegations, all of which were false to begin with, and disproven by the defence evidence lodged with the court.