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Twinges

The twinges from my heart have become a scary part of every day since I overdid it a few weeks back. I am supposed to be attending a hearing at Gosford District Court on the fifteenth. Just a few days. It frightens me. It is too stressful on several levels to expect that the problems with the heart will not blow out and make it impossible to defend myself or it might even put me in hospital. Now, in the world we are supposed to be living in all of the documents we supplied the court over the case’s history will be easily available for the court officers. When I ring tomorrow the officer will take a quick look at the documents, see that I am very ill and such things are likely to happen, and everything will be friendly and easy. They will put it to the judge who will give me another date and I can try to get some strength back in the meanwhile.

No!

What I expect to happen is that all of those documents we worked so long and hard to have available will be gone. I believe the court officers will be supporting Magistrate Day when he refused to consider any of my evidence as a part of his summing up by losing those files. After all they were important to the case and the Magistrate is not supposed to just ignore things and wish them away. The prosecutor may also have had a hand in it. He may have joined in to ensure evidence was removed just to prove to me he could get away with it. I guess that was the point of a lot of the conspiracy so far.

They might go to Legal Aid for copies as we gave them extensive medical documentation as a part of my application for assistance. Anyone who has been following this diary (you will need a better memory than me) will remember that I demanded to know what files Legal Aid had and they denied having any medical files. That would make it strange that they had agreed to support me but also would indicate preparedness of their officers to join in wider conspiracies and corruption. So, I expect tomorrow will be a drama and I may end up in jail on the 15th as I am not supplying new documents unless I get an agreement that there were “old” documents supplied.

University House

0016 stairs university house newcastleThe idea was to hang around the dumpster at the diner and see if I could not catch one of the poorer law students going through it looking for something to eat for breakfast. I could then bribe them with food and get at the books I needed to make my case. All I found were art students. They actually had money but were crawling about in the garbage skip because looking poor was the “artistic” thing to do. I went into University House and made one of the many mistakes that morning. The lifts were on the left and I was just tired enough to miss them and walk right past them and up the stairs. Being tired is like that. There is a cruelty in the way it affects good judgement and the capacity to be aware of one’s surroundings and take the less tiring path.

Looking back down the stairs. Wonderful old building

Looking back down the stairs. Wonderful old building

I guess I should say that the law school is in one of those wonderful old buildings that still survive in Newcastle. I enjoy them a lot even when I am struggling along as I was by this time. So I walked right past the lifts and not knowing there were lifts I ascended through several flights of stairs. It hurt! It was fantastic to be in the old building and the stairs were a beautiful thing to behold but they really tore me up and used my stamina ruthlessly. The backpack full of paperwork weighed a lot and it started to be a problem here. It is not easy to get lost in a building like this although worth every second if you can do it. I didn’t get lost and in no time my cup of coffee and my backpack were in the quiet and comfy lounge outside of the Newcastle Law Centre.

Because I was unable to find a student to bribe and because I was tired I made the unforgivable mistake of giving them my real name and details. That meant I could not escape the problems I was having with the bent legal profession on the Central Coast. It is the only reason for giving them your name and address. There is no need to have those details to discuss points of law.

I read a book between 8:30 and 9:00 am and sipped at a coffee from the diner downstairs. I filled out some paperwork someone slid through a window and handed it back. At about 9:05 some very pleasant student lawyers came and got me and took me into an office within the “inner sanctum” and they asked to see the documents about the case. I refused to give them documents explaining that the nature of the case was no longer a defence against accusations or a rehash of a transcript but it was a demand that the case be dropped on the grounds that the criteria for a fair trial and due process have not been met.

The hatch from which the paperwork emerged

The hatch from which the paperwork emerged. Through the glass is the inner sanctum

They gave me a very long time to explain and were very astute in their return questioning about what had been happening By the time we were finished I  was suffering bad heart twinges and having problems retaining mental acuity. My body wanted to slump forward onto the desk and go to sleep. The two students left and went to brief a lecturer or a lawyer or maybe it was the cleaner. I admit to being almost totally disconnected from my reasons for being there. It had become about concentrating on staying upright. I am going off to rest again. When there is some more energy I will jump right into the more interesting notes on the conversation as I remember them. I wonder if I should publish at this point or just keep it a draft. Draft I guess for now. oops

One of the lecturers or lawyers came in to the room with the two students and began to verify some of my comments and to “lay down the law” refusing to give me any information or access to any books apart from the line I have been fed since starting this campaign to get justice. Basically what he told me is adequately covered in the words “I am not going to be allowed to get a fair trial or make a case based on the fact that I have not had one because the law does not allow it.’

There are a few interesting facts that fell out during the conversation and I will try to remember them.

The Police were the ones responsible for sweeping up evidence such as any CCTV footage and they were responsible for making the CCTV of the Police station available when I complained of being assaulted and injured. The Police simply ignored this requirement. They lied about what was said and done when they came on the scene. In the CCTV of the assault site they would have been seen to be friendly to the people who attacked me. The Police account of their own actions would have been seen to be ridiculous. The people who attacked me would have been seen to do so and in greater numbers than even they claimed. People keep asking me if can I prove this It doesn’t matter. That is not my complaint. My point is that the CCTV was not harvested and my major evidence was never seen. Simple! It doesn’t matter what it shows any more. The major evidence in the case was never made available. I have been told  a number of times that I cannot prove this case. These guys must be on acid. There is no evidence and no evidence of any attempt to get evidence or to tell me about evidence or the lack of it. How much proof do I need?

The waiting room, cool, comfortable and quiet

The waiting room, cool, comfortable and quiet

The lawyers who initially made the subpoena did not serve it. I claim there was no subpoena until the lawyers and court officers realised I was making an issue of it. After I made an issue of the subpoena and was told three times by court officers that it didn’t exist it appeared. If the date on it were accurate then three sets of lawyers handled it without action or mention which they are not entitled to do. The nature of the request on the subpoena is something I cannot remember a name for but is dealt with in the law as though it were a spray of shotgun pellets hoping to hit something in the dark. That means the lawyers should not have had it made, should have notified me it existed when I asked about it and should have informed me it could not be used in the form it is now in.

It was suggested that if the subpoena was issued it must have been served in which case the staff at Ray White Real Estate at Budgewoi should be liable for arrest as the orders were not met.

If my requests for having subpoenas issued and then attempts to get follow up information are evidence then there are date and time stamped emails that I sent demanding different law firms make the subpoenas and somewhere is an assurance that the evidence harvested by the subpoenas would meet us at court. That was from David Spencer who was planning treachery all along. David Spencer also promised me he had checked and there were no witnesses and here it is that I hold a statement made by Craig Favelle that tells of local business people who were there. Annoyingly I am off to have a rest again. The diaries are rather a long term publishing matter as there will also be the documents and hearings from the tenancy tribunal which was a farce and didn’t even try to hide it. As I said I am resting for a while then we can add a little more of the slime that calls itself Wyong Local Court

 

On to Newcastle

After weeks of preparation I managed to get onto a train and off to the city to talk to some lawyers. I should be processing the images and writing up the log in here but for now I am still paying the price that someone as ill and broken as myself pays for that kind of travel. I am in agony again (AGAIN, how can my body keep surviving this?) Bile occasionally tries to eject itself from my throat and a kind of helpless nausea overlays my consciousness. Headaches. The liniment is all gone. It went onto my legs and knees in a kind of helplessly desperate need to get the pain levels down to something I could cope with. There is a tooth-ache or something that has turned into a headache and thence a thick ear-ache. The crushed disks in my neck and back are roiling in pain and there is no way to carry or hang my head that isn’t painful. The orbits and eye sockets feel like after I have had a bad beating. That will be the damaged spinal components again.

I wish someone would come and hold my head and say soft words. I failed badly today to get the support and information I needed and right now I am in a world that has no mercy for me. I will get back to the story of what happened when I can cope again. Perhaps I have the medication to force myself to sleep. Anything!

Court Transcripts

The court transcript is a document or audio file that reflects what transpires in a court. One version is the written transcript that is made by court officials. It is made at the request of a lawyer of private person. The audio transcript is supposed to be an accurate rendition of what is said in a court and both are used as strict evidence that proves that this or that went on in court. Neither of them actually prove that of course. There was a transcript I had made back in 2012 by the CTTT (Consumer, Tenancy and Trader Tribunal)  so that I could prove that the estate agents had flooded the hearing with innuendo and falsehoods by shouting to the presiding member who’s judgement changed to reflect them. The member made comments regarding my use of the internet and his power to make orders relating to that which were patently untrue and should have had people up in arms. The audio transcript at the time was all I could afford so I got it. It was almost blank with all of the useful comment gone. In a ten minute hearing the microphones were supposed to have heard only seconds of breathing and a few unrelated comments. That audio was so chopped up it was nonsensical. Because they had such contempt for me they created and delivered an absolutely impossible fake transcript.

There was a hearing in the case I am fighting now and during that hearing as I tried to survive being abandoned by Legal Aid and left to fend on my own I asked what questions I could think of. I wrote down the answers because I have such a bad memory and I expected some legal person to turn up and ask where we were up to before taking control of my defence. In order to fight the appeal we needed to have a transcript of that trial. A written transcript took months to make and I suspect that is because they had to re-record the audio to reflect the new written document. The written transcript does not match my notes. It is close but no banana. When I mentioned it to Phil Butterfield he said two things. There is only the transcript and if I have doubts I should get a copy of the audio. I have a copy of both audio files from the CTTT. There is  one they tried to tell me was the real but wasn’t and what is probably just as bad is a second one they sent when they realised so many witnesses had heard the hearing. I have not bothered to check it yet but with what I know about audio tricks I could make a phoney tape with all the bad stuff edited out and no one would know without a major forensic review. I could do that on my home laptop with shareware. That people’s futures are dependant on this thin and weary technology in the twenty-first century is unbelievable but has much to do with the fact that there are still corrupt little things being done in courts that their perpetrators need to be able to get away with to maintain their empires

Every trial should be filmed from several angles and the film put on disks and a copy given to all of the proponents within minutes of the case being run.

One of the little political tricks the corrupt members of courts and their political allies use is bring forth the idea that to record the trials means they will soon be broadcast. So far this threat has had the desired outcome. None of the people who’s m0st vulnerable and helpless moments ended up being a part of a court trial will want to risk being on the afternoon news or beside Big Brother on the television dial. They are placed in a position of supporting the people who are ruining their lives. They become co-conspirators of the corrupt court officials in their attempts to keep their activities in the shadows of low technology. The certainty of court trials being publicly broadcast if they are recorded on visual digital media is no more likely than the probability that all the cases recorded on audio will be released to radio broadcasters. The laws that prevent such a release can be easily extended to cover visual technology. If the provision of such digital documents to the people in the hearing is too much it can be treated the same way as the present transcripts.

It is a lot more difficult to fake a video document than it is a sound document. People caught removing parts of that kind of transcripts cannot simply claim a failure of technology as the CTTT did when they sent me a near blank transcript. The charges for falsifying video evidence or for losing parts of a transcript are going to be more harsh because the crime shows intention. It might even be enough to get those criminals who may now be hiding within the system kicked out and dealt with. Is there regular abuse of the court system by court officers, lawyers and Police? We could stop a lot of harm and end the doubt with a little legislation and a few cameras

Library

law kitIts a learning process that will probably not enter the phase where you have any idea of what is going on until long after you have left the court for the last time. The library beckoned. Perhaps there was something there that would help me to to move things along on the defence that had become the path for the next hearing.

There wasn’t. There is a basic law kit to help people to get through the paperwork and find who they need to assist them. It is quite a good little kit. Not so little really. In the case of a criminal trial of any kind the new book by Tim Anderson is really excellent as you set out on your journey. It answers all those questions I howled down the phone to Law Access back when the case began. They would have benefited from the book back then because they did not have an answer for anything I asked. I believe they may not have been used to getting phone calls from people asking for information so they tended to panic when the phone rang.

The book by Tim Anderson is recent as are a lot of improvements across the kit.

I spent about ten minutes in the Law Handbook before I gave up in danger of falling asleep. There will have to be better access to the information I need.bateau bay library