Monday, 19 May 2014

 Corrective services / S 474.17/ Magistrate Lisa Stapleton
So I have just returned  from the second visit to Burwood Correctional Services where a Ken Stevens   is doing a report for the shonky Magistrate Lisa Stapelton who is trying to protect systemic corrupt conduct in Government departments.
Stevens  commenced reading me a statement he prepared for Stapleton.
I stopped him on one sentence he had written and told him this was incorrect.
He became aggressive and told me I could not tell him what to put in his report.
I replied that I did not wish for him to put anything false in the report to Stapleton and that the in fact the sentence did not make sense. 
I asked for a copy of the report . Again he was aggressive and told me it was the property of the court.
I  tried to get him to clarify other matters to which he also become aggressive.
The  offending sentence that  I first questioned him about was a statement that he had made ......................" Fiona Brown said she is not guilty of  offensive language but  only guilty of breaching the Act" Clearly this sentence does not make sense. 

I tried to bring up that I relied on Brett David Starkey V the Queen that clearly states everything must be read in correct context and also Monis V the Queen. He said he was disinterested  any legal terms as he did not understand them.
He appeared to be winding himself up into some frenzy. He said I was guilty.
I told him Stapleton   had denied due process and it was a requirement to read my blogs in correct context. I told him if I said somebody had been " fucked over" by ITSA or AfSA  it did not actually mean that ITSA or AfSA were having sex with each other or random people .
 
It appeared that Stevens thought he had the right to put  what he liked in a report   S 474.17 is objective  according to the reasonable persons test and not according to  a magistrate who considers herself a reasonable person and must coverup and protect corrupt conduct in Government departments . According to Brett David Starkey V the Queen  the Fault Element must also be objective.
Everything must be read in correct context ( Brett David Starkey V the Queen) 
474.17 cannot be compared with the Summary Offenses Act as it is subjective and not objective.  

George Alex ‘settles 6 million defamation claim in his favour but creditors won’t get a cent’

BUSINESS identity George Alex agreed to settle a $6 million defamation claim in his favour, a court has been told — but his creditors aren't entitled to a cent of it.
A witness told Mr Alex’s bankruptcy examination in the Federal Court the agreement followed a series of disputes between Mr Alex, murdered construction identity Joe Antoun and colourful businessman Jim Byrnes, Queensland hire firms boss Kevin McHugh and other business identities.
The tax office is trying to ­recover $1 million it claims it is owed in tax from Mr Alex. But bankruptcy trustees are barred from seizing money from defamation payments.
The extent and location of Mr Alex’s assets and business interests are being examined in the Federal Court.
Ned Cavric, who works at NSW Compensation Lawyers, told the court on Thursday the “defamation issue” came up as part of a “$12 million resolution” between the parties.
Joe Antoun, aged 50, who was shot dead.
Joe Antoun, aged 50, who was shot dead. Source: Supplied
“To the best of my recollection there was (sic) several disputes between Antoun and McHugh interests, and there was disputes between Mr ­George Alex and Mr Byrnes and that was subject to a $12 million resolution,” he said.
Of that, $6.35 million was to go to Mr Alex and Mr Antoun was to receive $150,000, Mr Cavric told the court.
The parties drew up several draft deeds outlining the payments, the court heard.
Mr Cavric denied a question by the bankruptcy trustee’s barrister Peter Fary that there was “no mention of defamation” in the original draft of the agreement.
It is not known whether Mr Alex was paid the money.
A sum of $1.5 million was paid in to a trust account of law firm Colin Biggers & Paisley, Mr Fary told the court.
But the firm’s senior partner Chris Rumore told the court: “I never considered (Mr Alex) our client”. Mr Alex was bankrupted in 2011, after owing the tax office $64,100. The ATO then varied the amount to more than $1 million. A sequestration order was made and trustees were appointed to put Mr Alex’s affairs under the microscope. The examination has also sat in Victoria where evidence has been suppressed.
Jim Byrnes leaving the Supreme Court.
Jim Byrnes leaving the Supreme Court. Source:News Limited
Antoun was shot dead as he answered the front door of his Strathfield home in December.
Two men unrelated to these proceedings have been charged over the shooting.
A settlement has been made over a Penshurst unit project in which Mr Alex’s sister ­Athina Alex held an interest, the court heard.
Ms Alex was one of a number of witnesses who were ­unable to appear in court ­because of illness or injury.
The court was told Ms Alex fell over outside court on “Monday or Tuesday”, aggravating an injury to her right knee and that her leg had “swollen up drastically”.
Registrar David Pringle then insisted Ms Alex give evidence to the court over the telephone from her home in Earlwood. Ms Alex told the court she met Mr Alex for coffee at a city cafe on Wednesday where they discussed a newspaper story about him.
Ms Alex denied Mr Fary’s question she was allowing her brother to control businesses by registering her as a director.
Another witness unable to attend was CAP Accounting accountant David Cassaniti.
On Thursday, Mr Pringle said he would issue an arrest warrant before the court was told Mr Cassaniti had undergone a “stomach operation” for gastric banding. He was experiencing “vomiting convulsions” and was “dry retching every so often”.
On Friday, Mr Alex’s wife, Nectaria Alex, was also struck down with ill-health and provided a medical certificate explaining she could not attend court for six weeks because of an ongoing medical condition.
Mr Pringle asked why the condition was brought up on the morning she was due to give evidence if it was ongoing.
A witness told the court Mr Alex was earning $80,000 a week from a Queensland business. He was also planning to buy a Burwood home for $3.6 million, he told the court.

Saturday, 17 May 2014

NSW Judiciary/ Magistrate Lisa Stapleton
Letter to Veronique Ingram/ Objection to discharge



Australian Financial
Security Authority
GPO Box 821
Canberra ACT
 2601
14th May 2014
 RE  Continuance of David Cooper’s  Bankruptcy
Under S149B
Dear  Veronique
I refer to the following objection to discharge under S 149B of the Bankruptcy Act of which you are responsible for.
You are clearly aware  of the systemic corrupt conduct at AFSA or ITSA which the Commonwealth Ombudsman protected for you. You are also aware that Karin Fisher and  Commissioner  Sedgwick  protected this systemic corrupt conduct for you also.
Adam Toma who was the National Enforcement Manager and protected fraud in your Government Agency has now transferred to the Victorian Commission and Gaming Regulation so he can continue this practice.
Diane Merryfull  from the Commonwealth Ombudsman who protected  your corrupt practice is now the Tasmanian Integrity Commission where she can also protect corrupt practice in Tasmania.
Guilia Inga who signed the following objection to discharge was at the time NSW and ACT Official Receiver and has since resigned.
The objection to discharged  was made because David Cooper filed a false Statement of Affairs and tried to hide  a considerable inheritance he has received in  Israel.  Further to this Julie Padgett the  NSW Enforcement Manager at AFSA, Tibor Karolyi  who now works for Teyah De Vries and  Florence Choo tried to protect this.
The National Enforcement branch ( Adam Toma) deliberately mislead the Commonwealth Ombudsman  on  the practice of your Government Agency  protecting bankrupts who file false statement of Affairs.
As it appears that David Cooper has failed to comply with the Bankruptcy Act and failed in his obligations to pay his creditors  I request AFSA or ITSA  continue Coopers bankruptcy .
Although you have also  attempted  to have the Federal Police and Magistrate Lisa Stapleton  coverup and protect your atrocious practices at AFSA  , clearly  this will  also fail ultimately. It cannot be seen as proper practice for a Magistrate to protect systemic corrupt conduct in Government departments and therefore would be seen that there is ulterior motives for Lisa Stapleton to attempt this.
It is  your statutory responsibility to ensure that  the Australian  Financial Security Authority complies with its obligations.  You have clearly failed in this.

Please ensure David Coopers bankruptcy is continued under S 149B

Thank you











NSW Parliament removes Magistrate

Conduct of Magistrate Brian Maloney



About this Item
SpeakersGay The Hon DuncanShoebridge Mr DavidSearle The Hon Adam
BusinessBusiness of the House



CONDUCT OF MAGISTRATE BRIAN MALONEY
Page: 2620

The Hon. DUNCAN GAY (Minister for Roads and Ports) [9.36 a.m.], on behalf of the Hon. Michael Gallacher: I move:
      1. That in view of the report of the Conduct Division of the Judicial Commission of New South Wales concerning complaints against Magistrate Brian Maloney, dated 6 May 2011, and tabled in this House on 2 June 2011, Magistrate Brian Maloney, a Magistrate of the Local Court of New South Wales, be called on to address the House and show cause why he should not be removed from office.

      2. That this House grants leave for Magistrate Brian Maloney to attend at the Bar of the House on Thursday 23 June 2011, at 3.30 p.m., in person or by his legal representative, to show cause why he should not be removed from office on the grounds set out in the report of the Conduct Division.

      3. That in attending at the Bar of the House, Magistrate Brian Maloney or his legal representative be allowed a time not exceeding 75 minutes to address the House only in relation to matters set out in the Report of the Conduct Division.

      4. That this resolution be communicated by the President in writing to Magistrate Brian Maloney and seeking a written reply by 2.30 p.m. on Tuesday 21 June 2011 as to whether or not Magistrate Brian Maloney or his legal representative will appear at the time and place appointed.

Mr DAVID SHOEBRIDGE [9.37 a.m.], by leave: I am sure all members would like to hear from Mr Maloney and deal with his complaint as quickly as possible. I think he deserves the right to be dealt with, with due dispatch. I am concerned that the requirements for petitioning the Governor for the removal of a magistrate or judicial officer require both Houses to resolve the matter in the same session of Parliament. This session of Parliament will come to an end on Thursday. Therefore, if this House were to resolve that in this parliamentary session—and I am in no way prejudging the outcome of either my debate or the outcome of the majority of members in this House—the session would have ended before the matter could be presented to the other House. We would then be required to repeat the process in the next session.

In order for a petition to find its way to the Governor both Houses in the same session must resolve in that manner. That is a difficulty with which we will be faced if we deal with Mr Maloney's case on Thursday. For that reason we should give further consideration to this matter throughout the day and there could be further discussion amongst members. I ask the House to consider not resolving this matter immediately in favour of the motion being presented. That may be the best course of action. I ask that the motion be stood down to a later hour so that members are able to further consider the matter. I am concerned that the House may have to go through the process twice. I thank the House for granting me leave to speak. I ask that the Minister consider my request and that the House stand the matter down to a later hour of the day.

The Hon. ADAM SEARLE (Deputy Leader of the Opposition) [9.40 a.m.], by leave: Our concern is somewhat different to that expressed by Mr David Shoebridge. If Magistrate Maloney were heard on the last day of this sitting, the House would not be able to resolve the matter one way or the other unless we sat very late or dealt with it five weeks later when Parliament resumed. I note the problem identified by Mr David Shoebridge, but I believe it should be the other way around. If the House were to resolve the matter one way or the other on the Thursday, the lower House would not be able to consider the matter. The better course of action in that situation would be to postpone the matter for five weeks. The House would not debate the matter until then and both Houses would be able to consider the matter. In that situation I am concerned that Magistrate Maloney's matter would be unresolved for five weeks. However, I understand that his representatives may have requested a postponement. If this matter were stood down to a later hour, members would have an opportunity to consider the issues.

The Hon. DUNCAN GAY (Minister for Roads and Ports) [9.41 a.m.], by leave: I acknowledge the concerns raised by Mr David Shoebridge and the Hon. Adam Searle. I understand, although I am not sure, that the date set for the matter to come before the House was to suit the convenience of Magistrate Maloney. Given the concerns that have been raised, the proper course of action would be to stand the matter down until 3.30 p.m. when Government business takes precedence. That will give members time for clarification. Even if Magistrate Maloney made his speech on the Thursday, deliberation by this House could take place on that day. However, I note the concern about consideration of the matter by the lower House. Given that this is an important matter, standing the matter down to a later hour will give the House an opportunity for proper clarification. This matter comes before the House as a matter of process. The Government and this House did not willingly bring on this matter: we are fulfilling a process under the Constitution of the State. In order to deal with this matter appropriately, the best course of action is to stand the matter down until 3.30 p.m. when Government business takes precedence.

Debate adjourned on motion by the Hon. Duncan Gay, by leave, and set down as an order of the day for a later hour.

Thursday, 15 May 2014

Pink batts/ Royal commission/ incompetent  Cabinet  Prime Minister exposed
Well Well ... all this will show how Government fucks over anyone who makes complaints.....
forget ever going to the Commonwealth Ombudsman and trying to expose systemic corrupt conduct because this department will cover it up also the Australian Public Service Commissioner Sedgewick and Karin Fisher  fuck over  whistleblowers or complaints made about Agency heads under S41 APS Act.
Now Magistrate Lisa Stapleton of the NSW Judiciary is attempting  to protect corruption in Government agencies as well. It is unclear what her motives are or how she could benefit from this but stay tuned  and I will find this out.




Kevin Rudd reveals cabinet discussions in statement at home insulation royal commission

Rudd wins bid to air cabinet secrets
Kevin Rudd arrives at the royal commission into the home insulation scheme in Brisbane today. Source:News Corp Australia
KEVIN Rudd has accused his public service of not warning him of safety risks associated with the government’s botched home insulation scheme, even as installers started to die.
The former prime minister this morning forced the Commonwealth of Australia, instructed by the Australian Government Solicitor - which sits in Attorney-General George Brandis’s department - into an embarrassing backdown on its gagging of him when it redacted his statement to the insulation royal commission.
His 31-page unredacted statement has now been released and offers an unprecedented insight into cabinet deliberations, normally kept secret for two decades.
Yesterday: Kevin Rudd's redacted statement
Today: Kevin Rudd's unredacted statement
The $2.8 billion Home Insulation Program was cut short in February 2010, after the deaths of four young, inexperienced installers, and 224 house fires.
Mr Rudd told the commission today that he and his cabinet relied on regular reports from the Department of Prime Minister and Cabinet to alert them of any government program “going off the rails”. No report, until after four men died, told cabinet the HIP was anything but “on track”, he said.
“It also used a colour signal system: green for “on track”, amber for maintaining “close watch”; and red for “in difficulty”,” Mr Rudd said.
“I understand that there were eight of these reports over the 2009-2010 period. I cannot recall any of these reports through until March 2010 identifying that the Home Insulation Program was anything other than “on track”.”
After a Public Service Taskforce report warned of “significant program design risks, notably safety risks” cabinet then accepted a recommendation to terminate the program.
Mr Rudd’s unredacted statement shifts responsibility for the scheme’s genesis to the public service, and also for its July 1, 2009, rollout deadline, which has been widely criticised as rushed.
“I believe the 1 July date has its origins in that (departmental advice),” Mr Rudd told the commission.
“That is the date that found its way before cabinet’s... deliberation on this question in late January (2009).”
INTERACTIVE GRAPHIC: Key parts of Rudd’s redacted statement revealed
Mr Rudd said cabinet was never warned by public servants that the rushed deadline would put safety in jeopardy.
“Had any public servant or any minister advised the cabinet that there was a safety risk to either workers or householders, I’m confident to say the reaction of ministers would be to say ‘whoa, this has to be dealt with’,” Mr Rudd said.
“If that was to involve a delay (of the start date), that would be the response.”
Installer Matthew Fuller was electrocuted when he drove a metal staple through foil insulation into a live wire on October 14, 2009.
In his statement, Mr Rudd said that two weeks after the death, the Cabinet Committee reviewed a September 2009 progress report - prepared by the Office of Coordinator-General - on the government’s strategic plan.
The HIP was not raised as one of “nine critical issues for the Prime Minister’s attention”.
Two more installers died in November 2009.
Another meeting of the Cabinet Committee on January 18, 2010, Mr Rudd said, considered a December report into the government’s strategy plan. He said the report insisted the insulation program was “on track”.
“I understand this did not change until the February 2010 report (considered by the Cabinet Committee in March), which for the first time noted difficulties in the program.” Mr Rudd said.
Mr Rudd is testifying now. He is being painstakingly taken through the lead-up to the HIP’s introduction by barrister Keith Wilson QC, who is acting as counsel assisting the commission.
The former prime minister stepped into the witness box this morning after the father of Mitchell Sweeney, the installer who died on February 4, 2010, read a brief statement.
Martin Sweeney was tearful as he thanked the commission, led by Ian Hanger, QC, for the “hard work” being undertaken.
“No family should ever have to go through what we’ve been through,” Mr Sweeney said.
“We love you very much Mitchell, and we haven’t stopped missing you.”
Mr Hanger thanked him for his courage in coming forward, and called Mr Rudd.
Mitchell Sweeney was the fourth installer to die. Mr Rudd’s statement reveals that nearly a fortnight later, the Cabinet Committee considered a Public Service Taskforce report into the HIP, which was urgently commissioned in response to the death.
For the first time, the public servants warned Mr Rudd and his ministers of “significant program design risks, notably safety risks”. The date was February 17, 2010. Four men had died.
The Cabinet Committee then accepted the taskforce’s recommendation to terminate the program.
Today Mr Rudd said, as prime minister, he accepted ‘ultimate responsibility’ for the “deep tragedy” of the insulation scheme.
“As prime minister you accept responsibility for the good and for the bad, for anything that a government does over the period which I am prime minister,” Mr Rudd told the commission.
“I have accepted ultimate responsibility for what was not just bad, but a deep tragedy, as it affected the lives of the families concerned.”
He continued: “Ultimately, as prime minister of the day...I’ve said before and i’ve said again, as prime minister I accept ultimate responsibility.”
Released yesterday, Mr Rudd’s redacted statement was still revealing of his relationships with the public service and his one-time colleagues Mark Arbib and Peter Garrett.
Mr Rudd revealed the program was not recommended by ministers, but by the public service itself. He hits back at suggestions the scheme was hurriedly drafted by bureaucrats in one January 2009 long weekend at his direction, or the direction of his department.
Mr Rudd also refuted the suggestion he drove an unreasonable and rushed timetable for the scheme, by announcing a July 1, 2009, rollout date when he launched the scheme on February 3 that year.
“The 1 July commencement date for the full program was part of the original recommendation from the public service,” Mr Rudd said.
Mr Rudd said while he chaired cabinet, that body “collectively approved” the public service’s program and “at that point assumed collective ministerial responsibility”.
He gave an insight into the intensely busy cabinet process, revealing the body handled more than 1000 cabinet submissions between 2007 and 2010. For much of 2009, he said, his government was dealing with “multiple and major” financial and economic challenges, aiming to “do everything possible to avoid a second depression”.
He described Mr Arbib as a “highly competent, highly effective individual”, and said that was why he appointed him to oversee the implementation of the government’s stimulus program. However, he revealed that at the end of 2009, his relationship with Mr Arbib broke down about other political and policy matters.
Mr Rudd insisted that when recommendations to improve safety were made, they were accepted speedily through cabinet or through correspondence with then environment minister Mr Garrett.
“Nonetheless, despite all of the above, four innocent lives were lost in horrendous workplace accidents,” he said.
The hearing continues.

Wednesday, 7 May 2014

James Packer/ Gambling Licences / corrupt directors
So it appears   there is an inquiry that James Packer is a suitable person to hold the  Gaming Licence at Bangaroo and assessments are currently  carried out by the Independent Liquor and gaming Authority in  NSW.
I am unaware of the  integrity of this NSW Authority though the Victorian  Commission Gambling and Liquor Regulation's Adam Toma, director of  Licensing and Approvals is shonky and corrupt and in his previous position as National Enforcement Manager at AFSA or ITSA protected fraud.